REPRESENTATIVE JOE STRAUS: The House will come to order. The members, please, register. Have all registered. Have all registered. The quorum is present. The House and gallery, please, rise for the invocation. The Chair recognizes Representative Riddel to introduce our pastor of the day.
REPRESENTATIVE DEBBIE RIDDEL: Thank you, Mr. Speaker. Members, I have a very special guest with me today. Reverend Penny Biddy is the associate pastor, the music director, and the children's education minister for Brookhollow Christian Church in Abilene. She lives in Representative Susan King's district. But I'm sponsoring her today because she is also the baby sister of my chief of staff, Jonathan English. Her routes go quite deep because her father the Reverend Jackie English was not only pastor of the day a few years ago but he also spent a number of years on staff with Representative Warren Chisum. As well as Representative Frank Corte. So she has a lot of ties to this building. Penny is joined here today by her husband John and her daughter Laura as well as her parents Jackie and Peggy and, of course, her very proud big brother Jonathan. So members, please, give a warm welcome to Reverend Penny Biddy.
PASTOR OF THE DAY: Won't you pray with me. God of grace and God of glory on my people for thy power. Creative God give us imaginative solutions for our problems. Mighty God give us strength for the work ahead of us. Gracious and loving God give us patience and compassion in our dealings with each other and with all those whom we meet today. Grant us wisdom, grant us courage that we might fail not man nor thee and may your blessing of peace rest on all those here and on this great State of Texas today. We ask this in the name that is above all names. Amen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Otto to lead us in to pledge.
REPRESENTATIVE JOHN OTTO: Members and guests would you, please, join me as we pledge our allegiance to our nation and state flag.
(Pledges to the U.S. and the Texas Flag).
REPRESENTATIVE JOE STRAUS: Representative Otto moves that the House suspense with the reading and referral bills and resolutions to the end of today's business. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Miller to introduce our doctor of the day.
REPRESENTATIVE DOUG MILLER: Mr. Speaker and members, we're honored today to have a doctor from my district from Hamilton, Texas, Dr. Monte Horne. He's a graduate of Marble Falls High School, and also doc from Baylor University, and he also went to school in UTMB in Galveston. Completed his residency in family medicine at John Peter Smith Hospital in Fort Worth. He's been a family physician in Hamilton since the year of 2001 and goes on medical mission trips and serves his community very well and many service organizations there. He has his wife here with us today, Rosie. And his son Caleb and his daughter's home, Marissa, she's fourteen, she's attending school. Please welcome our doctor of the day to the Texas House.
THE SPEAKER: Madam doorkeeper.
THE DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
THE SPEAKER: All right. Thank you.
MESSENGER: Thank you, Mr. Speaker, I am directed by the Senate to inform the House of --
THE SPEAKER: I know this is none of your deal but are there any blue backs there?
MESSENGER: The following --
THE SPEAKER: Thank you. Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I want to do a recognition on the south side of the Capitol. Representatives Torres and Scott and I are glad to have them here today. We have the American government and the Texas history class from the Homeschool Co-op, Corpus Christi and together with my good friend Professor Heather Hallock and Pastor Rob Carver. If you would all stand, thank y'all very much for coming here today.
THE SPEAKER: Chair recognizes Representative Torres.
REPRESENTATIVE RAUL TORRES: Thank you, Mr. Speaker. I just want to also welcome personally some young men who assisted us in Corpus Christi in the political process that are -- I believe, are going to do wonderful things in their lives. Adam Swindle, Jack Glazer, Ben Glazer, and Colton Nolte. Thank you very much for being here with the rest of the class. Keep up the good work and make us all proud in Texas.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker, members. As I've done every day the last couple of weeks, I want to bring you up to date and it's really simple today. And for those of you that stayed here over the weekend you saw the fire in Travis County over the weekend. Sunday morning the Governor's office and the Texas Division of Emergency Management and the Texas Forest Service have been working with the U.S. Forest service and FEMA to attain additional resources. And Sunday morning the governor declared a disaster in all but two counties in the entire state. The wildfires continue. They are going from east Texas to West Texas to south Texas to the Panhandle. And we even had one in the Travis County this weekend. So any of you that don't know what we're dealing with just watch news 8 today and see the airplanes working on the south side of town. And we have an event and I'm going to ask Mr. Keffer to come up here because we had an event that was our first event of the season. And as many people as we have on the fire line we pray everyday to God that we don't have any more events like this.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES L. KEFFER: Members, if I can have your attention, for a moment. We did have an incident, we did have a -- it was a terrible, terrible weekend for Texas with the fires and not only with the fires but we had a fatality. A firefighter was killed in Eastland County, last Friday. And his name was Gregory Simmons and he died while fighting a wildfire in Eastland County. He was 21 years a volunteer firefighter, ten years -- up near Garland, and 11 years in Eastland County. He has a wife, Carrie; daughters Kateland 20 and Karley 15 years old of Eastland. You know it's one of these terrible situations as Rick just said, we have. And the members that are up here we've all been -- I don't think there's a place in Texas right now that has not been effected by the wildfires by the -- also seen the bravery and just the outpouring of volunteerism that we've had here in the State of Texas not only with the firefighters -- and the EMS and everything. And one of the things that leave you with here on from Greg's Facebook was -- is that you couldn't pay me to be a firefighter, that's why I'm a volunteer. And I think that is something that rings true with all the volunteers whether they are -- wherever they are in the State of Texas. And just so you know and there is a -- most of the fires around our area has -- have become under control but there is a fire in Palo Pinto County that is still around the Lake Possum Kingdom that is still a very great concern to the people around the lake. But just so you know for the -- what's included. The entities that are included, and like in the Eastland fire that was fought for the last four days, the fire -- volunteer fire groups from Gaines, Cisco, Carbon, Comanche, De Leon, Desdemona, Dublin, Early, Eastland, Erath County, Gorman, Lake Brownwood, Lingleville, May, Morgan Hill, Oldham, Protor, Ranger Rising Star, Side Springs, Stevenville, Zephyr to name a few. I mean it is the Forest Service certainly. They had -- they couldn't -- the Eastland fire so problematic was there was 30 mile per hour winds with 70 mile an hour gust that was driving that fire. So they couldn't get planes or helicopters up in the air until it died down. But of course Public Safety and the Wildlife -- Forestry Service are doing tremendous jobs too. So, I would like to take a moment of remembrance of Mr. Simmons his family, and the duties that we all have remembering your own fire departments, remembering your own men and women that are fighting on the front lines right now for Texas in this war, I guess, that we have going on with nature. And also while you are remembering and I think Mr. Simmons and his family would also agree that praying for rain, praying for our Lord to change the weather pattern. To bring rain to Texas and to finally defeat and finally get back onto a balance of what we're all looking for. So if you'll join me in a moment of silence. Thank you very much, members. I appreciate that. I know the family does too and just remember your own your own counties, your own people that are working on this. Mr. Speaker at the end of the day, if it's possible, I would like to close in memory of Mr. Simmons.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
THE SPEAKER: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Mr. Speaker members, I move to suspend all necessary rules to take up and consider H.C.R. 9.
THE SPEAKER: Members, you've heard the motion. Are there any objections? Chair hears none. Chair lays out H.C.R. -- H.R. -- H.C.R. 9. Clerk will read the H.C.R.
CLERK: H.C.R. No. 9 by Branch. WHEREAS, The Honorable Jack Pope, a retired chief justice of the Texas Supreme Court who has rendered immeasurable service to the Lone Star State, is celebrating his 98th birthday on April 18 2011; and WHEREAS, This remarkable milestone signifies the beginning of the ninth year of the ninth decade of Chief Justice Pope's accomplished life; and WHEREAS, Born and raised in Abilene, Chief Justice Pope knew from the time he was a boy that he wanted to be a lawyer; as a youth he also showed the passion for learning that later marked his distinguished career and that would make him an early proponent of judicial education in Texas; a voracious reader, he found inspiration in such figures as the Roman historian Tacitus and orator Cicero and in the American legal philosophers Roscoe Pound and Oliver Wendell Holmes, Jr.; and WHEREAS, After graduating from Abilene High School in 1930 Jack Pope attended Abilene Christian College, where he majored in speech, earned letters as a member of the debate and tennis teams and served as president of the junior class and the student association; subsequently, at The University of Texas School of Law, he served as editor of the Texas Law Review; and WHEREAS, Licensed by the bar in 1937, Chief Justice Pope moved to Corpus Christi and joined the firm of his uncle, former state representative Walter E. Pope; he quickly gained wide-ranging experience in civil and criminal law and in New Deal-era labor and transportation regulatory law; and WHEREAS, Though he was exempt from military service in World War II because he was the father of two young children, Chief Justice Pope enlisted in the U.S. Navy Reserve in 1944 and served stateside for the next two years; discharged in 1946, he returned to the practice of law but later that year received an appointment as judge of the 94th District Court and became, at the age of 33, the youngest district judge then serving in Texas; and WHEREAS, In 1950, Chief Justice Pope won the first of three consecutive terms on the Court of Civil Appeals in San Antonio; during his tenure, he issued a landmark ruling concerning the Spanish roots of Texas water law, establishing a precedent that continues to guide jurists to the present day; and WHEREAS, Elected to the Texas Supreme Court in 1964, Chief Justice Pope helped to draft significant rulings on property rights and judicial and procedural reform during his years as an associate justice; in 1982, Governor Bill Clements appointed him to the post of chief justice, an office he held until his retirement in 1985; his tenure in that post was marked by the elimination of double appeals and by other important reforms in court administration; at the time he returned to private life, Chief Justice Pope's cumulative service on the bench in trial and appellate courts made him the longest-serving judge in the history of the Texas Supreme Court; and WHEREAS, Known for the lucidity of his thought and writing he published more than 1,000 judicial opinions and over 70 law-related articles during the course of his career; and WHEREAS, Since stepping down from the bench some 25 years ago, Chief Justice Pope has continued to lead an active life; he has served as president of the Christian Chronicle National Council, an advisory body created to serve the international newspaper of the Churches of Christ, coedited a volume about his ancestor John Berry, a notable Texas pioneer, and cofounded the Texas Supreme Court Historical Society, which has named him chair emeritus; an avid walker who is well-known among his neighbors for his habitual jaunts, Chief Justice Pope was featured by an Austin television station as he trained to walk 9.6 miles in celebration of his 96th birthday, stretching to reach his toes with an ease that would make a teenage athlete envious; and WHEREAS, Chief Justice Pope credits Abilene Christian University with providing an essential foundation for his success in life, and in return for the invaluable lessons he learned there he has been one of that school's staunchest supporters; he joined the ACU Board of Trustees in 1954 and has served on the senior board since 1983; and WHEREAS, In tribute to its esteemed graduate, ACU has conferred on Chief Justice Pope its Outstanding Alumnus of the Year award, as well as its Change the World award; moreover, since 1989 the school has bestowed scholarships on outstanding students who are intending to pursue a career in public service, designating them as Jack Pope Fellows; and WHEREAS, Another institution that has benefited from Chief Justice Pope's active involvement is the State Law Library, which was created as a separate state agency in 1971 largely through his efforts; Chief Justice Pope serves as a member emeritus of the Friends of the State Law Library Board of Directors, and the Friends have recognized him and another former chief justice, the late Joe Greenhill, with the establishment of the Greenhill-Pope Law Book Fund; and WHEREAS, Chief Justice Pope is the recipient of four honorary degrees and countless other accolades; in 2009, the Texas Center for Legal Ethics presented him with its first Chief Justice Jack Pope Professionalism Award, and in 2010, the judicial section of the State Bar of Texas honored him with its inaugural Judicial Lifetime Achievement Award; and WHEREAS, From their marriage in 1938 until her passing in 2004, Jack Pope and his wife, Allene, shared a richly rewarding union; their family today includes two sons, Allen and Jackson Pope, two grandsons, Drew and Ryan Pope, and two great-grandchildren, Dylan and Peyton Locke; and WHEREAS, Hailed for his intellect and integrity, Chief Justice Pope has contributed significantly to jurisprudence in the State of Texas, and it is indeed a privilege to join in wishing him well on this special day; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby congratulate the Honorable Jack Pope on the joyous occasion of his 98th birthday and extend to him profound appreciation for his exemplary public service; and, be it further RESOLVED, That an official copy of this resolution be prepared for Chief Justice Pope as an expression of high regard by the Texas House of Representatives and Senate.
THE SPEAKER: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, Members. It's a great honor to have not only Chief Justice Jack Pope, one of the lions of the bar in Texas, with us today on his 98th birthday but also the whole court and a former Chief Justice who I'll introduce in a few minutes. Let me just say if I could, Mr. Speaker, that since the Chief Justice beginning the -- is beginning the 9th year of his 9th decade of his life, I think H.C.R. 9 is especially fitting I had the privilege of serving as a clerk to Chief Justice many years ago out of law school. And I've seen firsthand the contributions he's made to the judiciary. I would say not just as a Judge but also just as a man and a person he taught me a lot in the year I was privileged to clerk for him. I especially appreciate the relationship that we have maintained in the years since then. He was born in 1913. Just to give you a sense of the span of his life. The 16th Amendment was ratified authorizing the collection of income tax. Which is fitting since this is tax day today. Also the 17th Amendment was ratified marking the ends of this body, members, electing U.S. Senators the year that Judge Pope was born. And also the Federal Reserve was created and Ford Motor -- a little company named Ford Motor introduced the first moving assembly line. I know the Judge is fond of remembering when Charles Lindbergh came to Abilene in 1927 and he went out to guard the plane as a boy scout. So he's had indeed a full life. Chief Justice Pope also has a connection to this chamber in that his uncle Walter Elmer Pope, affectionately known as Uncle Elmer served for 22 years in this House from Nueces County. And Representative Hunter is holding up a comparison photo. Uncle Elmer, as he was known was credited with introducing more bills than any other Senator -- Ryan, you've got your work -- Representative Guillen you've got your work cut out for you -- more bills than any other Senator or Representative of his time. Chief Justice Pope served -- as was mentioned on the 94th District Court and the Court of Appeals in San Antonio after he left Corpus and eventually came to Austin when he was appointed to the Supreme Court of Texas in 1964. And in 1982 Governor Clements from Dallas appointed him Chief Justice where he served until his retirement in 1985. Chief Justice Pope's 38 years of service to the Texas judiciary makes him the longest serving judge in Texas history at the time of his retirement. Chief Justice Pope received a letter from U.S. Chief Justice John Roberts over the weekend congratulating him on his 98th birthday and it is a true pleasure to have not only Chief Justice Pope but as I said, all the honorable members of the Supreme Court and former Chief Justice Tom Phillips, chief Justice Phillips, raise your hand. And also we have Chief Justice Wallace Jefferson as well as Justice Nathan Hecht who worked so hard on this, Justice Dale Wainwright, Justice David Medina, Justice Paul Green, Justice Phil Johnson, Justice Don -- I saw Don Willet, Justice Eva Guzman, and Justice Debra Lehrmann, all from the Court. And we extend to Chief Justice Pope today wishes for the happiest of birthdays and our profound appreciation for his exemplary public service. Earlier this session we honored -- in a memorial resolution -- honored Chief Justice Greenhill, that was also one of the greats of our bar. And truly it's an honor to have you here Justice Pope and you have taught so many, there are so many lawyers and so many just Texans walking around that you've influenced their lives more than you will ever know. But we honor you today for a life well lived and we hope many more. We hope you are back here for a centennial. We extend to Chief Justice Pope today the happiest wishes and please join me in welcoming and honoring Chief Justice Jack Pope to this House on his 98th birthday. Members, I move passage.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Representative Hunter moves to add all names to the proclamation. Are there any objections? Chair hears none. Chair recognizes Mr. Branch.
REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker members. I neglected -- I didn't realize that Justice Priscilla Owen, Justice Owen, if you would raise your hand at the corner, and Justice Will Garwood, I'm sorry that we left you out. It's very nice to have you here former justices Will Garwood and Priscilla Owen. Thank you for being here.
THE SPEAKER: Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker members, I move to suspend all necessary rules to take up H.R. 1356.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out H.R. 1356. The clerk to read the proclamation.
CLERK: H.R. 1356 by Hunter. Recognizing April 18th, 2011, as Texas A&M University, Corpus Christi day at the State Capitol.
THE SPEAKER: Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, and members, and all guests it's my distinct pleasure to welcome staff and faculty from Texas A & M University, Corpus Christi to Texas Capitol. Texas A & M University, Corpus Christi was found in 1947. Since that time the university has grown from its original student body of 312 to more than 10,000 strong. The current body -- student body of Texas A & M University, Corpus Christi is made up of students from 48 states and 67 foreign countries. I'm very proud to report that Texas A & M University, Corpus Christi has the highest four, five and six year graduation rates among all Hispanic serving institutions in Texas. It is also ranked 29th in the United States and 3rd in Texas in the number of doctoral degrees awarded to Hispanic students. The university is uniquely located and it is the only island university in the continental United States. The university is home to a new mechanical engineering program, a successful nursing school and a world renown marine biology department. Through its diverse programs it is addressing the key needs of south Texas and providing the best training and highly skilled professionals to meet the demands and challenges of the world. Texas A & M University, Corpus Christi students and alumni have been and will continue to be leaders in their communities in Texas, throughout the world. And in particular I appreciate our President Flavius Killebrew and his lovely wife Kathy for being here. Please join me in welcoming the student and faculty from Texas A & M University, Corpus Christi. Representatives Torres and Scott and the whole members of the House appreciate you being here today.
REPRESENTATIVE RAUL TORRES: Thank you for being here.
REPRESENTATIVE TODD HUNTER: At this time members, move adoption.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Ms. Scott moves that all members, and Mr. Torres moves that all members' names be added. Are there any objections? Chair hears none.
THE SPEAKER: Members, the Chair recognizes Representative Naishtat for a suspension.
REPRESENTATIVE ELLIOTT NAISHTAT: We suspend all necessary rules so that I may introduce under Rule 8, Section 8 a bill relating to the proceedings that maybe referred to in the powers of criminal law magistrate in Travis County.
THE SPEAKER: Members, you've heard the motion. Are there any objections? This is a record vote, members. Clerk will ring the bell. Vote aye, vote no, on Mr. Naishtat's submission to introduce. Mr. Madden voting aye. All members voted? All members voted? There being a 146 ayes, no nays, motion carries. Mr. Martinez Fischer, Mr. Martinez Fischer on the floor of the House? Chair recognizes Representative Phillips for an announcement.
REPRESENTATIVE LARRY PHILLIPS: Yeah, members, those that are on the Transportation Committee, we're going to have a formal meeting at my desk upon adjournment. We post that earlier to consider pending bills. So that's Transportation Committee.
THE SPEAKER: Mr. Phillips, just one second. Can we have your attention members, please, for these announcements some may think it's important. Mr. Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you. Just want to make sure that Transportation Committee at my desk on the -- we are going to have a formal meeting upon adjournment to vote out pending bills. Thank you.
THE SPEAKER: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Mr. Speaker members, I move to suspend all necessary rules to take up S.C.R. 42.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So moved. Chair lays out S.C.R. 42. The clerk will read the amendment.
CLERK: S.C.R. 42 by Duncan.
THE SPEAKER: -- no the resolution.
CLERK: -- by Duncan. S.C.R. 42 by Duncan. WHEREAS, The Legislature of the State of Texas is pleased to pay tribute to Ronnie G. Jung, who is retiring --as executive director of the Teacher Retirement System of Texas after a highly successful career in state service; and WHEREAS, During the course of a career that has spanned 37 years, Ronnie Jung has held key positions of leadership and has been responsible for numerous accomplishments on behalf of the state; and WHEREAS, A certified public accountant who holds a master's degree from the Lyndon B. Johnson School of Public Affairs, Ronnie Jung began his career in June of 1974, when he joined the Texas State Auditor's Office; his various roles included serving as audit director and conducting audits of administrative agencies, higher education, and public education; and WHEREAS, After almost 20 years of service in the auditor's office, he joined the Legislative Budget Board, where he served as manager of the newly created performance audit team; during his tenure, he worked closely with members of the legislature and served as audit manager for the Joint General Investigating Committee of the Texas Legislature, helping to review state contracting practices; and WHEREAS, Mr. Jung joined the Teacher Retirement System of Texas in June of 1996 as its chief financial officer; his accomplishments included the successful implementation of a new multicurrency investment accounting system and progress toward the new automated benefits system; he played an important role in strengthening the communication between the retirement system and the Texas Legislature, continuing to work closely with legislative committees; and WHEREAS, Mr. Jung was named deputy director of the Teacher Retirement System of Texas in October of 2001, became interim executive director in September of 2003, and began his service as executive director in May of 2004; throughout his years of leadership, he has maintained the highest standards of professionalism and has consistently proven his skill at management and at resolving complex financial and governmental issues; and WHEREAS, In addition to his innumerable accomplishments in his roles with the Teacher Retirement System of Texas, he served as a member of the task force for higher education financial reporting for the Governmental Accounting Standards Board; he was recognized as the 2002 Administrator of the Year by the Texas State Agency Business Administrators' Association; he currently serves as president of the National Council on Teacher Retirement and as a board member of the National Institute for Retirement Security; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby commend Ronnie G. Jung on his outstanding leadership with the Teacher Retirement System of Texas and on his invaluable contributions to our state throughout his career and extend to him best wishes for the retirement years ahead; and, be it further RESOLVED, That a copy of this resolution be prepared for him as an expression of high esteem and appreciation from the Texas Legislature.
THE SPEAKER: Chair recognizes Ms. Truitt.
REPRESENTATIVE VICKI TRUITT: Mr. Speaker, members, the gentleman on the speaker's dais today is a familiar face to all of us. He has served many years of his career working for a group of people who are very in their Texas retired teachers. On the speaker's dais today, with Ronnie Jung is his wife Diane. And many of us have worked close with Ronnie and his position as the Executive Director of the Teacher's Retirement System of Texas. And the reason we're recognizing him today is, as many of you know, he's stepping down as the executive director on August the 31st. Ronnie became executive director of TRS in May of 2004 and prior to being appointed as ED Ronnie held several key leadership positions within TRS. He previously served as their chief financial officer, deputy director and interim executive director. And before arriving at TRS Ronnie worked at the 20 years at the State auditors office and two years at the Texas State Legislative Budget Board. He will serve between August 31st and January 31st of 2012 as executive liaison to the Board of Trustees until his retirement on January 31st of 2012. Members, please, let us recognize this deserving man who has dedicated so much of his life to serving our constituents our retired teachers. Let us recognize Ronnie Jung for his invaluable contributions to our state and wish him great success in all of his future endeavors. Mr. Speaker, I move adoption.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So moved. Mr. Pitts moves to add all members' names to the resolution. Is there any objection? Chair hears none.
REPRESENTATIVE VICKI TRUITT: Members, please, help me thank Mr. Jung.
THE SPEAKER: Members, we are about to go on the calendar. Please excuse Representative Woolley because of illness on motion of Ms. Davis. Any objection? Chair hears none.
REPRESENTATIVE JOE STRAUS: Chair lays out on 3rd reading of House Bill 2499. Clerk will read the Bill.
CLERK: H.B. 2499 by Cook. Relating to the continuation and functions of the Department of Information Resources.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker, members, this is the DR sunset bill we passed Friday, I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 2499? Question occurs on final passage of House Bill 2499. It's a record vote. The clerk will ring the bell. Have all voted? Have all members voted? There being 145 ayes and 0 nays House Bill 2499 is finally passed. Chair lays out on the 3rd reading final passage House Bill 1774. Clerk will read the bill.
CLERK: H.B. 1774 by Taylor of Galveston. Relating to the continuation and functions of the office of injured employee council and the workers' compensation program.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE VAN TAYLOR: Thank you, Mr. Speaker, members. This is the sunset bill for the office of injured employee council. And I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1774? The question occurs on the final passage of House Bill 1774. It's a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 144 ayes and 1 nay, House Bill 1774 is finally passed. Chair lays out on 3rd reading of House Bill 2251. The clerk will read the Bill.
CLERK: H.B. 2251 by Bonnen. Relating to the continuation and functions of the Texas Public Finance Authority.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, this is the sunset bill for the Texas Public Finance Authority and I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 2251? Question occurs on the final passage of House Bill 2251. It's a record vote. Clerk will ring the bell. Have all voted? Have all members voted? Being 147 ayes and 0 nays, house Bill 2251 is finally passed. Chair lays out on 3rd reading and final passage House Bill 1148. The clerk will read the Bill.
CLERK: H.B. 1148 by Smith of Harris. Relating to an exemption for certain disabled veterans from the payment of a fee for the issuance of a personal identification certificate.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Smith.
REPRESENTATIVE SMITH: Thank you, Mr. Speaker, members, this bill allows blind veterans to have a I.D. card.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1148? The question occurs on final passage of House Bill 1148. It's a record vote. The clerk will ring the bell. Have all voted? Being a hundred 144 ayes and 0 nays, House Bill 1148 is finally passed. Chair lays out 3rd reading and final passage House Bill 1206. Clerk will read the Bill.
CLERK: H.B. 1206 by Guillen. Relating to training for members of governing boards of public junior college districts.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members. This calls on the Texas State Education Coordinating Board to create a financial management training portion of the governing board of community colleges. Move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1206? Question occurs on final passage of House Bill 1206. It's a record vote. Clerk ring the bell. Have all voted? Show Representative Villarreal voting aye. Have all voted. Being 139 ayes and 8 nays House Bill 1206 is finally passed. Chair lays out on 3rd reading and final passage House Bill 1353. The clerk will read the Bill.
CLERK: H.B. 1353 by Elkins. Relating to speed limits.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Elkins.
REPRESENTATIVE GARY ELKINS: Thank you, Mr. Speaker and members. This is the bill that we passed Friday that eliminates the nighttime speed limits. Move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1353. Question occurs on final passage of House Bill 1353. It's a record vote. The clerk will ring the bell. Have all voted? There being 146 as and 2 nays, House Bill 1353 is finally passed. Chair lays out on 3rd reading and final passage House Bill 1806. The clerk will read the Bill.
CLERK: H.B. 1806 by Flynn. Relating to fishing tournament fraud; providing penalties.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Flynn.
REPRESENTATIVE DAN FLYNN: Thank you, Mr. Speaker this is the bill that closes loopholes involved in those who commit fraud in fishing tournaments.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1806? Question occurs on the final passage of House Bill 1806. It's a record vote. The clerk will ring the bell. Have all voted? Being 142 ayes and 4 nays, House Bill 1806 is finally passed. Chair lays out on 3rd reading of House Bill 1917. The clerk read the Bill.
CLERK: H.B. 1917 by Schwertner. Relating to removal of the appointed emergency services commissioners by commissioners court.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Schwertner.
REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Mr. Speaker. This bill clarifies how ESD commissioners can be removed by county commissioners courts. I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1917? Question occurs on final passage of House Bill 1917. It's a record vote. Clerk will ring the bell. Have all voted? There being 140 ayes and 6 nays, House Bill 1917 is finally passed. Chair lays out on 3rd reading and final passage House Bill 2582. The Clerk will read the bill.
CLERK: H.B. 2582 by Murphy. Relating to the repeal of the partial tax exemption for certain beer.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Murphy.
REPRESENTATIVE JIM MURPHY: Thank you, Mr. Speaker, members. This is a bill that keeps our Texas Alcoholic Beverage Code in line with the federal standards. I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 2582? The question occurs on the final passage of House Bill 2582. It's a record vote. The clerk will ring the bell. Have all voted? Being 142 ayes and 2 nays, House Bill 2582 is finally passed. Excuse Representative Morrison because of family illness on the motion of Representative Hardcastle. Is there any objection? Chair hears none. So ordered. Chair lays out on 3rd reading final passage of House Bill 2866. The clerk will read the Bill.
CLERK: H.B. 2866 by Harper-Brown. Relating to electronic submission of certain documents to the attorney general and submission of certain documents by attorney general; imposing certain fees.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, this is the electronic submission of certain documents to the attorney general's office. Move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 2866? Question occurs on final passage of House Bill 2866. It's a record vote. The clerk will ring the bell. Have all members voted? Have all voted? Being 132 ayes and 10 nays, House Bill 2866 is finally passed. Chair lays out on 3rd reading final passage House Bill 992. Clerk read the Bill.
CLERK: H.B. 992 by Castro. Relating to excess undergraduate hours in public institutions of higher education.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Castro.
REPRESENTATIVE JOAQUIN CASTRO: Mr. Speaker, members, this is the bill we passed on Friday that gives students a little more flexibility on the -- I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 992. Question occurs on final passage of House Bill 992. The clerk will ring the bell. Have all voted? Being 94 ayes and 51 nays, House Bill 992 is finally passed. Chair lays out on third reading, final passage House Bill 1325. The clerk will read the Bill.
CLERK: H.B. 1325 by Hartnett. Relating to the payment of the costs for services for the guardian ad litem and attorney ad litem in a guardianship proceeding.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: Thank you, Mr. Speaker, members. This bill allows probate courts to access court costs in guardianship cases when the wards lack funds to pay the court costs. Move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1325? Question occurs on final passage of House Bill 1325. It's a record vote. Clerk will ring the bell. Have all voted? Being hundred 146 ayes and 0 nays, House Bill 1325 is finally passed. The Chair lays out on 3rd reading, final passage House Bill 1614. Clerk read the Bill.
CLERK: H.B. 1614 by Gooden. Relating to the fees for process server certification.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gooden.
REPRESENTATIVE LANCE GOODEN: Mr. Speaker, members, this is the process server bill that we discussed on Friday. It allows the Supreme Court to recommend fees if they so choose. I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1614? Question occurs on the final passage of House Bill 1614. It's a record vote. The clerk will ring the bell. Have all voted? Have all voted? Being a 101 ayes and 46 nays, House Bill 1614 is finally passed. Chair lays out as a matter of postponed business on second reading House Bill 983.
CLERK: H.B. 983 by Menendez. Relating to health insurance coverage for eligible survivors of certain public servants killed in line of duty.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker, members. Senate Bill 423 is over and eligible.
REPRESENTATIVE JOE STRAUS: Members the Senate companion to 983 is over and eligible. Accordingly the chair lays out Senate Bill 423. The clerk will read the Bill.
CLERK: S.B. 423 by Lucio. Relating to health insurance coverage for eligible survivors for certain public servants killed in the line of duty.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker, and members, in 1993 Senator Eddie Lucio and the late Bill Blackwood -- passed Senate and -- 97. The intent of that legislation was to allow the surviving family of a law enforcement officer or a firefighter killed in the line of duty to continue to purchase health insurance through the officers employer at the same rate that the employee was paying for the insurance. Before last session many employers had complied with the intent of the statute, however, some had not. There is one perfecting amendment as I hear that some of my colleagues are getting anxious.
REPRESENTATIVE JOE STRAUS: Members, there is an amendment. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Menendez.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker, members, this clarifies amendment simply makes it clear that the employment government would file a claim. It's a obvious to me that the last thing we need to do is ask the grieving widow or widower to have to file proof of death and that's what this amendment does. And it's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Menendez sends up an amendment to the amendment. And it's acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 423? Question occurs on the final passage to 3rd reading of Senate Bill 423? All those in favor say aye. All those opposed nay. Ayes have it. Senate Bill 423 is passed to engrossment. Representative Menendez moves to lay House Bill 982 on the table subject to calls. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Truitt for a motion.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker, members. I request permission from the committee on pensions and financial services to meet while the House is in session at 2:15 today April 18th, 2011, in 3W.15 to consider pending business.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcement. The clerk will read the announcement.
CLERK: The Committee on Pensions Investments and of Financial Services will meet at 2:15 April 18th, 2011, at 3W.15. This will be a formal meeting to consider pending business.
REPRESENTATIVE JOE STRAUS: Members, we're on the sunset bill. Chair lays out on second reading of House Bill 2605. Clerk will read the Bill.
CLERK: H.B. 2605 by Taylor of Galveston. Relating to the continuation and functions of division workers' compensation of Texas Department of Insurance.
CLERK: H.B. 2605 by Taylor of Galveston. Relating to the continuation and functions of division workers' compensation of the Texas Department of Insurance.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker, members. This is the sunset bill of the workers' compensation. Just real quick, background here. You know, back in the 79th session among growing concerns of the increasing medical costs, limited access to high quality medical care and coverage work rates, we made sweeping changes to workers' compensation system. These extensive reforms included abolishing regulatory agencies and splitting the funds against the State of Texas Department of Insurance and the newly created Employee Advocacy Agency. We had this sunset on last Friday. So only five years later the sunset had the workers' compensation counsel found both agencies and the system as a whole still in the awake of incredible transition, however, the system seems to be healthier, with stable medical costs, fewer claims and disputes, lower insurance rates, fewer lost days of work and better return to work outcome. In addition to the structural divisions in both the outcome of work although many aspects of the reforms are still very much in the implementation stage. The purpose of this sunset review, just as a minor is aimed in evaluating the continuing need for the functions and the effectiveness, efficiency, fairness, and accountability of such programs. Given the needs, challenges the sunset staff focus on identifying hospitals assigned to past reform efforts to improve major program areas and address lingering statutory problem areas -- for the further directions. The management sunset legislature that I have before you is we're streamlining the dispute resolutions process provide system participants with a quick and accessible way to resolve the disputes. That includes requires parties of non medical (*inaudible) -- below level mediation at the division before being contested case hearing level. It also establishes the administrative appeal mechanism for medical necessity disputes and requires the division to conduct all medical necessity contested case hearings at the State office and administrative hearings to hear all the medical fee contested case hearings. It improves the fairness and accountability of the medical quality review process by requiring the divisions to develop guidelines for the process and make them publicly available. It requires the division to develop minimum qualifications and training for the medical review panel members and establishes the a quality assurance panel and statues requiring panel members involved in the process. Also provides the division with the additional tools to take timely and effective enforcement action authorize the commissioner workers' compensation to make final decisions on cases involving monetary penalties and requires all administrative penalties to be deposited in the general revenue fund. Frankly, this is a designated doctors requirement to ensure the division to use expert medical opinions effectively in disputes. Requires the commissioner to develop qualification requirements for designated doctors and requires doctors be assigned based on diagnosis and injury area. It requires the doctors remain the case assignments unless the commission authorizes by the --
(*inaudible) -- services. And finally we do recommend the division continue for six years. And we do have some amendments, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Members, we're on page 1 of the amendment packet. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Taylor of Galveston.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker. This bill has to do with the venues and we have the hearings in the local office if there's a continued dispute it just clarifies that the hearing will be held in the injured employees local district court and it's acceptable to the author and I move passage.
REPRESENTATIVE JOE STRAUS: Representative Taylor sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. Amendment is adopted. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Taylor of Galveston.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker. This amendment has to do with the cost for appeals of medical fee disputes heard by the state office administrative hearing and provides that the
(*inaudible) -- that will pay for the cost that does clarify that the injured employee will never have to pay these costs. It is acceptable to the author and I move passage.
REPRESENTATIVE JOE STRAUS: Representative Taylor sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Taylor of Galveston.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Now, this is surely a correcting a drafting mistake -- drafting a bill. And it's acceptable to the author and I move passage.
REPRESENTATIVE JOE STRAUS: Representative Taylor sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. The amendment on page 7 is temporarily withdrawn. We're on page 9. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Solomons.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker, members. This amendment I believe is acceptable to the author. It strikes recommendation No. 5 from the bill. Both labor and carriers agree that this is a needed to do and it's just best for the division and for all of the parties. And the author of the bill does acceptable to him. I move passage.
REPRESENTATIVE JOE STRAUS: Representative Solomons sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. Amendment is adopted. Amendment on page 10 has been withdrawn. We're on page 11. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Castro.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Castro.
REPRESENTATIVE JOAQUIN CASTRO: Thank you, Mr. Speaker, members. I have five amendments. Three are drafted because of Bert Solomons' amendments accepted one of them. I worked out with Larry and this one should be acceptable. This one allows the division to solicit proposals to the application from independent training and testing providers regarding the certification process and it's an amendment for my amendment. So it's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Following amendment to the amendment. The clerk will read the amendment.
CLERK: Amendment to the amendment by Castro.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Castro.
REPRESENTATIVE JOAQUIN CASTRO: Okay. The amendment as amended essentially does what I described it will --
REPRESENTATIVE JOE STRAUS: Mr. Castro sends up an amendment to the amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment to the amendment is adopted. We're now on the Castro amendment as amended.
REPRESENTATIVE JOAQUIN CASTRO: The amendment does as I described and I believe it's acceptable to the author.
REPRESENTATIVE JOE STRAUS: The amendment is acceptable to the author. Is there any objection? Chair hears none. Amendment is adopted. Amendments on pages 12 and 13 are withdrawn. Amendment on page 14 is withdrawn. Page 17 following amendment. The clerk will read the amendment.
CLERK: Amendment by Zedler.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Zedler.
REPRESENTATIVE BILL ZEDLER: This amendment allows the doctors who are not on the approved doctor list before September 2007 to be reconsidered or audition to work -- to treat workers' comp patients.
REPRESENTATIVE JOE STRAUS: There is an amendment to the amendment. Clerk will read the amendment.
CLERK: Amendment by Taylor of Galveston.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: This amendment to the amendment just basically makes -- you know we had doctors that were kicked out and prior to accepting the one in 2007, and under current law they never could get back in. This just allows the same process that the doctors kicked out since then can go to through the reapplication process or clean up or whatever -- before and is acceptable to the author of the amendment.
REPRESENTATIVE JOE STRAUS: Representative Taylor sends up an amendment to the amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. We're on the Zedler amendment as amended. Chair recognizes Representative Zedler.
REPRESENTATIVE BILL ZEDLER: Move passage.
REPRESENTATIVE JOE STRAUS: Representative Zedler sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. Amendment is adopted. Following amendment. The Clerk will read the amendment.
CLERK: Amendment by Deshotel.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Deshotel.
REPRESENTATIVE JOE DESHOTEL: Thank you, Mr. Speaker. What this amendment does is it allows police officers and firefighters who are injured in the line of duty to expedite their workers' compensation claim. We have had some situations whereupon the -- this is back in Jefferson County police officer was shot in the chest and arm was life flighted to a hospital. The claim was initially denied because he had to prove up that it was necessary to take the helicopter as opposed to a ambulance. Because what they normally do is deny these and make you go through a lot of hoops before you can get your workers' comp. This expedites for police and fire. Representative Ritter has an amendment.
REPRESENTATIVE JOE STRAUS: Representative Martinez, for what purpose?
REPRESENTATIVE MARTINEZ: Would the gentleman yield?
REPRESENTATIVE JOE DESHOTEL: Yes.
REPRESENTATIVE JOE STRAUS: Yes, the gentleman yields.
REPRESENTATIVE MARTINEZ: Mr. Deshotel, I like this amendment. I just want a little bit of clarity. So the firefighters out fighting a fire right now, currently and he gets back to the station and has a heart attack this amendment will cover that. Because currently they are not covered under that; am I correct?
REPRESENTATIVE JOE DESHOTEL: Yes, this will because it's still considered a line of duty through his office to expedite his recovery.
REPRESENTATIVE MARTINEZ: Right. Because I know right now as -- being a firefighter myself and paramedic, right now we're out at an accident scene something happens there and that's the only time that's covered. But what this is doing is saying if you are out there fighting a fire and you come back to the station and after you have relaxed and you have your heart attack you are on the line of duty and, therefore, you are covered under workers' compensation; am I correct?
REPRESENTATIVE JOE DESHOTEL: Well, this doesn't put new people on the workers' comp. If you are on the under workers' comp which he would be if he's at the office. Then it just expedites the process that he has to go through to get benefits.
REPRESENTATIVE MARTINEZ: Absolutely, thank you.
REPRESENTATIVE JOE DESHOTEL: All right. Following amendment to the amendment. The clerk will read the amendment.
CLERK: Amendment by Riddel.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Riddel.
REPRESENTATIVE DEBBIE RIDDEL: Thank you, Mr. Speaker. Members, this simply includes the volunteer firefighters and the volunteer EMS. What -- I like the amendment that Representative Deshotel has and it's very good but I feel like that our volunteer EMS and our volunteer firefighters put their lives on the line just as well and I believe that this is acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Riddel sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. Amendment to the amendment is adopted. Back on the Deshotel amendment as amended. Chair recognizes Representative Deshotel.
REPRESENTATIVE JOE DESHOTEL: I move passage.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor to speak against the amendment.
REPRESENTATIVE TAYLOR: I appreciate Representative Deshotel and Representative Riddel's concern and we all appreciate and support our emergency responders. We are just getting beyond this sunset process. The workers' comp, if you remember, what we're trying to do is to evaluate the needs for the functions and effectiveness and efficiency and fairness and accountability of the programs. This is getting into policy effect. Mr. Deshotel has a bill that's already been heard in State Affairs. They go through and -- process. As far as the volunteers, I know, in some cases they are covered and some cases they are not. I am not sure where we are going with that bill on such a quick bases on a sunset bill. I just -- over all on the Deshotel amendment, it's giving priorities to occupations not necessarily the severity of the claim. So you can have the first responder that has a broken ankle as against someone having a broken back. That's the thing. But with that I respectfully move to table.
THE SPEAKER: Representative Deshotel to close.
REPRESENTATIVE JOE DESHOTEL: Yes, sir. Thank you Mr. Speaker. What this bill basically does, it does not expand what's covered by the workers' compensation. All cities and municipalities and counties send a lot of money -- tax dollars on training these individuals. There is a shortage in many of these departments. This bill simply says that if you are a firefighter emergency, first respondent injured in the line of duty it just expedites the process to your workers' compensation coverage, so you can get recovery quicker, back on the job quicker and this is the simple purpose of the bill.
REPRESENTATIVE DWAYNE BOHAC: Mr. Speaker.
THE SPEAKER: For what purpose, Mr. Bohac?
REPRESENTATIVE DWAYNE BOHAC: Would the gentleman yield?
THE SPEAKER: Would the gentleman yield?
REPRESENTATIVE JOE DESHOTEL: Yes.
REPRESENTATIVE DWAYNE BOHAC: Mr. Chairman, can I ask you one question, to kind of just take on what you just said? Currently our first responders are granted an expedited process but only if they request it, correct?
REPRESENTATIVE JOE DESHOTEL: That's correct.
REPRESENTATIVE DWAYNE BOHAC: All this amendment does is to expedite the process who are placed in the first responders who are injured in the line of duty; is that correct?
REPRESENTATIVE JOE DESHOTEL: That's correct.
REPRESENTATIVE DWAYNE BOHAC: So we move from the request to an automatic expedited process, correct?
REPRESENTATIVE JOE DESHOTEL: For first responders, yes.
REPRESENTATIVE DWAYNE BOHAC: For first responders. And this amendment will help first responders like the officer in Beaumont who has denied his claim for a halo flight despite being shot in the chest at point-blank range with a shotgun while protecting his community; is that correct?
REPRESENTATIVE JOE DESHOTEL: That's correct.
REPRESENTATIVE DWAYNE BOHAC: I think you have a good amendment.
REPRESENTATIVE JOE DESHOTEL: And in that situation -- and what we are trying to do is cut out some of the red tape because the way this system is set up, he first has to be denied his claim before he can actually defend his claim. And as a policy, I don't think that's right -- apply to our police and fire and I ask you to vote no on the motion to table.
REPRESENTATIVE JOE STRAUS: Representative Deshotel sends up an amendment. Representative Taylor moves to table. This is on the motion to table. Vote aye, vote nay. Show Representative Taylor voting aye, show Representative Deshotel voting no, show Representative Riddel voting no. Have all voted? Have all members voted? There being 65 ayes and 78 nays. Motion to table fails. We're back on the Deshotel amendment. Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: I'm going to try this one more time. If you look at the actual amendment, we have talked about prioritizing amendment but it actually goes beyond that. If you look on page 2, under Section 504.055, it gets into actually speeding the ceilings that are actually built in the workers' compensation system for 104 weeks. And it goes in a lot of areas beyond just priority and remember they already have priorities if they ask for it. But now you are going to give them an automatic priority regardless of the severity of the injury just because they're a first responder. If it's a severe injury they can ask for expedited processing already. So you are just going to automatically move them to the front of the line whether they have a broken finger or whatever ahead of other people maybe who are more severely injured. And we are actually expanding the law under mechanic --
REPRESENTATIVE WARREN CHISUM: Would the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Chisum, for what purpose?
REPRESENTATIVE WARREN CHISUM: Would the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Taylor, do you yield?
REPRESENTATIVE TAYLOR: I yield.
REPRESENTATIVE WARREN CHISUM: Will this bring up the cost or rise in cost of workers' compensation insurance in the State of Texas.
REPRESENTATIVE TAYLOR: It very well could be but you could also be penalized to have more severe injuries that are now pushed further back for line for someone who's now automatically goes to the front of the line regardless of the severity of their injury.
REPRESENTATIVE WARREN CHISUM: So, even though we are taking care of these first responders, you are just -- order of business like we are always doing, and they want to expedite them in front of everybody else is that --
REPRESENTATIVE TAYLOR: And if they have a severe injury we want to move them to the front of the line but I don't think that it should be an automatic basis just based on their occupation. You're doing -- you are prioritizing based on occupation versus based on severity of the injury and I think everyone agrees that we should take care of the severity of injury before we do that.
REPRESENTATIVE WARREN CHISUM: Okay. Thank you.
REPRESENTATIVE BURT SOLOMONS: Mr. Speaker.
THE SPEAKER: Mr. Solomons, for what purpose?
REPRESENTATIVE BURT SOLOMONS: Can I ask the author a --
REPRESENTATIVE JOE STRAUS: Mr. Taylor, do you yield?
REPRESENTATIVE TAYLOR: I yield.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Taylor. The automatic request should be intended wouldn't you agree for -- if you are going to do it at all for the most serious types of injuries.
REPRESENTATIVE TAYLOR: Absolutely.
REPRESENTATIVE BURT SOLOMONS: Versus someone a first responder to have to ask for it. So Mr. Deshotel should amend his amendment to clarify that it's not for just any injury but it's for the severe serious injuries as a result of being on duty. Would that might help the body and help you and help the bill?
REPRESENTATIVE TAYLOR: Well you can look at it on two points. One, that would be better than what we looked at before; and secondly, you are also expanding what the workers' compensation system already has in it with the maximum medical improvement after injuries sustained, that's 104 weeks and I just also remember --
REPRESENTATIVE BURT SOLOMONS: We already do 104 weeks.
REPRESENTATIVE TAYLOR: Right. But in this amendment, says that they can extend that indefinitely.
REPRESENTATIVE BURT SOLOMONS: Well, my feeling is that I don't think this body nor you nor I or anyone wants to not allow a first responder who is seriously injured from not having to beg or ask the system to move up their process. So if the amendment could be withdrawn temporarily to allow to see if, in fact, anybody could resolve that issue. And take out the other stuff if necessary. But sort of go with those factors. I think, I would feel more comfortable and I think the body might feel more comfortable in that regard.
REPRESENTATIVE TAYLOR: Well, I am sure you would feel better and I just have one more thing that this is only for political subdivisions, our DPS officers would not be covered under in these amendments.
REPRESENTATIVE BURT SOLOMONS: I understand that. That's what the problem is with the amendment in my mind. It's not --
REPRESENTATIVE TAYLOR: There's a number of issues.
REPRESENTATIVE BURT SOLOMONS: There's a number of issues but no one here wants to tell a first responder who is seriously injured that we are going to make you go through the extra burden of asking to move it up because most of the time if they ask they'll get moved up any way.
REPRESENTATIVE TAYLOR: Now, when it's a severe injury you certainly want to take care of that.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Representative Madden, for what purpose?
REPRESENTATIVE JERRY MADDEN: Would the gentleman yield for questions?
REPRESENTATIVE JOE STRAUS: Mr. Taylor, do you yield?
REPRESENTATIVE TAYLOR: I yield.
REPRESENTATIVE JERRY MADDEN: Larry, does this amendment that Representative Deshotel brought forward, does it prioritize these people like I would have like for people regardless that may be seriously injured also in the line of duty doing the things to provide public protection? Does he put other first responders ahead of them and in a line of getting --
REPRESENTATIVE TAYLOR: I believe it was when it says -- employed by a political subdivision of the State.
REPRESENTATIVE JERRY MADDEN: So, in essence they are not employed by political subdivisions unless, I guess, they were in the county jail. That would put them ahead of the people that we would have; for example, prison guards at the Department of Public Safety.
REPRESENTATIVE TAYLOR: That's correct.
REPRESENTATIVE JERRY MADDEN: Thank you.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker, would the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Taylor, do you yield?
REPRESENTATIVE TAYLOR: I yield.
REPRESENTATIVE JOSE MENENDEZ: Larry, you've mentioned correctly that this bill is laid out before state affairs and the reason that I wanted to see if you were aware of the reason for the extension of the 104 weeks. We had the testimony of an police officer who had been shot. And his tendon was growing back at a rate of one inch per month. And I'm not sure if you were aware of the fact that after eighteen months the doctor felt that the officer could start rehab of the arm but the rehab would take longer than the two years allocated currently. Are you aware that all this amendment would do is allow for the insurance commissioner to have a case by case application and the treating physician could provide medical evidence to justify an extension. That's the only reason for the extension because in some cases as proven by the officer who testified. It's necessary to have a little more than 104 weeks.
REPRESENTATIVE TAYLOR: I think the workers' comp system allows for things going beyond a 104 weeks to go to the next level. The next stage of workers' comp depending on the severity of the injury and how the rehabilitation is going. And the system already takes that into account. That you can continue obviously getting the benefits for 104 weeks. This opens it up to no ceiling. I mean indefinitely.
REPRESENTATIVE JOSE MENENDEZ: Well, I don't read it exactly that way. The goal of this is to get the first responder back to work without a disability in order to avoid the disability if possible. And so that's the reason I'm supporting the amendment. I understand your concerns but I think that we are talking about in the line of duty for first responders and so I understand where you are coming from.
REPRESENTATIVE TAYLOR: And you bring up an excellent point. You were there for the hearing where this bill has been heard in state affairs. Where getting an opportunity vetted and go through the committee process having the perfect opportunity to become law. But outside of the review, sunset review, we are trying to keep it, you know, the process and efficiency and those types of things we're getting in another area trying to make a law on the sunset bill.
REPRESENTATIVE JOSE MENENDEZ: I understand and I think it's a small minor change. But I heard Chairman Solomons had some possible -- you know, good tweaks that we can make it amenable. I think my concern is that if it doesn't make it through the process, it's a good change that's necessary needed and that's why I rise to speak for you. Thank you.
REPRESENTATIVE TAYLOR: I appreciate it. Thank you.
REPRESENTATIVE JOE STRAUS: Representative Deshotel moves to temporarily withdraw his amendment. Is there any objection? Chair hears none. The amendment is temporarily withdrawn. On page 7. Following amendment. The clerk will read the amendment.
CLERK: Amendment by Zedler.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Zedler.
REPRESENTATIVE BILL ZEDLER: Mr. Speaker members, what this amendment simply allows that an injured employee get a second doctors opinion when there has been disagreement with the designated doctors opinion. How it does prevent against potential abuse by requiring the insurance chair to cover additional one time payment in relation to the patient's rating for maximum medical improvement and impairment.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor in opposition.
REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker and I appreciate working with Mr. Zedler on this. The designated doctor's brought in as a neutral arbitrary if you have a question about a particular case. And there have been some problems in the past with the designated doctor programs as far as who the doctors were. But if you look on pages 5 in the book starting on page 5, line 15, it talks about they have to be a designated doctor certified in that area of the body affected by the injury which is -- permissions we had. If you go to page 9, there's a whole bunch of requirements. We have strengthened the designated doctors program to include much higher level of professionalism as well as continuing ed and I think this is already been taking care through the bill and I'm going to move to -- table.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Zedler to close.
REPRESENTATIVE BILL ZEDLER: Mr. Speaker, members, there have been a great deal of abuses in this designated doctors. I've seen instances where designated doctors were known for consistently ruling in opposition to the patient's treatment. And I think something needs to be done to give a little level playing field here and I would encourage you to oppose the motion to table.
REPRESENTATIVE JOE STRAUS: Representative Zedler sends up an amendment. Representative Taylor moves to table. This is a -- Mr. Phillips, for what purpose?
REPRESENTATIVE LARRY PHILLIPS: Just for some questions.
REPRESENTATIVE JOE STRAUS: Representative yields.
REPRESENTATIVE LARRY PHILLIPS: Okay, Bill, let me make sure you understand -- you're bringing this because you're aware of folks who are just --
REPRESENTATIVE BILL ZEDLER: Consistently ruling in opposition to the patient and they are designated doctors. And over -- I've seen instances where you had about 150 patients who have been dealt with by particular doctor and in every case the doctor ruled in opposition to the patient. And all that does is it many times it slows down the treatment. I have seen instances where patients who were injured who had they gotten treatment they would have been walking now. But because they didn't get treatment --
REPRESENTATIVE LARRY PHILLIPS: -- but let me ask this.
REPRESENTATIVE BILL ZEDLER: -- they will forever be in wheelchair.
REPRESENTATIVE LARRY PHILLIPS: And let's just say this. Maybe what they have is a back injury. They need surgery and they get denied that. When their own doctor is saying well, of course, you need this, right?
REPRESENTATIVE BILL ZEDLER: Right.
REPRESENTATIVE LARRY PHILLIPS: They get denied that then there's no choice of pain pills so now we have addiction problem; is that correct?
REPRESENTATIVE BILL ZEDLER: Well --
REPRESENTATIVE LARRY PHILLIPS: Well what we have done instead of getting the thing resolved in six months, it take three years and it ends up costing more money. And oftentimes you are sitting at home and other health factors come in -- complications. Did you know that these designated doctors that they are -- if -- who pays these? There's an insurance company that pays, right?
REPRESENTATIVE BILL ZEDLER: Right.
REPRESENTATIVE LARRY PHILLIPS: Okay. And have you known that their employers that come out and say I can't believe this. My guy is hurt. He's been my best worker and they -- I need to get him back in here but they won't give him surgery.
REPRESENTATIVE BILL ZEDLER: Exactly.
REPRESENTATIVE LARRY PHILLIPS: And did you know these same insurance companies that they -- call and complain if somebody doesn't -- if too many people are approved?
REPRESENTATIVE BILL ZEDLER: Exactly.
REPRESENTATIVE LARRY PHILLIPS: Did you know that and so if they go after the doctors themselves?
REPRESENTATIVE BILL ZEDLER: Exactly.
REPRESENTATIVE LARRY PHILLIPS: The doctors are -- ratings that are too high. They get a grievances filed against them.
REPRESENTATIVE BILL ZEDLER: And in fact we've had problems with them filing complaints with the anonymous complaints with the medical board.
REPRESENTATIVE LARRY PHILLIPS: And again, do you want your employers or your businesses to have to pay more workers' comp premium?
REPRESENTATIVE BILL ZEDLER: No.
REPRESENTATIVE LARRY PHILLIPS: No, but those that pay it, they want to make sure when they are employees are injured that they get back to work and you know what they don't do that under the system because there's no way to deal with your issue. And I hope people are listening. I hate to be so loud but I just want to make sure that people know that what you are bringing is a real day issue and we have to find a solution to this because our employees that are hurt and our employers that have hurt employees need them to get back to work.
REPRESENTATIVE BILL ZEDLER: It levels out the playing field.
REPRESENTATIVE BURT SOLOMONS: Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Mr. Solomons, for what purpose?
REPRESENTATIVE BURT SOLOMONS: Would the gentleman yield?
THE SPEAKER: Mr. Zedler, do you yield?
REPRESENTATIVE BILL ZEDLER: For a question.
REPRESENTATIVE BURT SOLOMONS: Hi, Mr. Zedler. On this -- I don't know much the members remember about this in connection with workers' comp when we adopted workers' compensation in 2005, House Bill 7. But one of the things we got away from was in any willing provider's system and it would be my fear in your amendment is going back in that direction. And I would -- I do think that what you are trying to do -- and correct me if I'm wrong, what you are trying to do is intent allow for someone who's unhappy with one doctor be able to go to any other doctor they want to and wouldn't you think that that is moving backwards and not forwards towards from what we did in H.B. 7 and we are moving back to any willing provider issue?
REPRESENTATIVE BILL ZEDLER: No. I think all its doing is allowing them to have a second opinion. I don't think that they are going to be issues with the doctor but they get a second opinion.
REPRESENTATIVE BURT SOLOMONS: Well, I would probably tend to disagree with you. I think that it's just a step backwards. Going back into the slippery slope as so many people say around here of going back into the -- willing provider system and I think that was part of the problem of the workers' comp back when we tried to reform it. And you were part of that and I would just have to oppose your amendment.
REPRESENTATIVE BILL ZEDLER: Okay. Thank you. Members, I encourage you to stick with me and oppose the motion to table. Thank you.
REPRESENTATIVE JOE STRAUS: Representative Zedler sends up an amendment. Representative Taylor moves to table. This is on the motion to table. Show Representative Taylor voting aye, show Representative Zedler voting no. Have all voted? There being 110 ayes and 31 nays. The motion to table prevails.
REPRESENTATIVE JOE STRAUS: We're going to go back to Deshotel amendment as amended. Amendment to the amendment. The clerk will read the amendment.
CLERK: Amendment by Deshotel.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Deshotel.
REPRESENTATIVE JOE DESHOTEL: Okay. Members, what this new amendment does it says that this section applies to the first responder who sustained a serious injury that is defined by the commissioner rule in the course of scope of employment and it struck the section regarding the extension 104 weeks. The 104 weeks on the current law can be extended on a case by case basis, based on the severity of the injury. It keeps in Representative Riddel's amendment to my amendment which included the volunteer first responders. And I think it is acceptable to the author. It's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Deshotel send up an amendment to the amendment. The amendment to the amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Back on the Deshotel amendment as amended by Deshotel and Riddel.
REPRESENTATIVE JOE DESHOTEL: I move adoption and I think it's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Members, Representative Deshotel sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Members, there are no further amendments. Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker and I appreciate your time and I move passage. Thank you.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 2605? Question occurs on -- Representative Castro, for what purpose?
REP. JOAQUIN CASTRO: Would the gentleman yield for question on legislative intent?
REPRESENTATIVE JOE STRAUS: Mr. Taylor, do you yield?
REP. JOAQUIN CASTRO: I know we have -- I'm sorry.
REPRESENTATIVE TAYLOR: No, no problem.
REP. JOAQUIN CASTRO: Representative Taylor, in the bill, in this reform of workers' comp we do something to change the sanctions -- the way the companies -- that an insurance company that may not comply with either responding to a claim or, you know, filing refusal we change the commissioner can deal with that. Can you explain that change?
REPRESENTATIVE TAYLOR: Well, we tried to make it more uniform through out the statutes. And it was a little confused when you just read it. And it looked like we may have been taking some provisions out but we are actually making it more uniform, consistent throughout the statute. But they are still in there up to $25,000 a day and I think you had a concern about it -- if the time was going to be a considered as part of the penalty and you know that's certainly within the latitude of the commissioner in the time severity and all those types of things when they are levying those penalties.
REP. JOAQUIN CASTRO: Sure, now I just want to make it clear that part of the intention is that the commissioner to consider how long the company is taken to respond to the claim basically.
REPRESENTATIVE TAYLOR: Yeah.
REP. JOAQUIN CASTRO: And that we anticipate that fine probably would go up the longer they take.
REPRESENTATIVE TAYLOR: Sure.
REP. JOAQUIN CASTRO: Okay. Mr. Speaker,I would request that the exchange between Representative Taylor and myself be reduced to writing and placed in the journal for legislative intent.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
REP. JOAQUIN CASTRO: Thank you.
REPRESENTATIVE JOE STRAUS: Question occurs on the passage of engrossment to House Bill 2605. All those in favor say aye, opposed nay. Ayes have it, House Bill 2605 is passed to engrossment. Chair lays out on 2nd reading House Bill 44. The Clerk will read the bill.
CLERK: H.B. 44 by Menendez. Relating to the authority of property owner's association to regulate the use of certain locks to residential purposes.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker, members. House Bill 44 applies the common sense definition of the term residential purpose center in every homeowner's association. That (*inaudible) -- but it also establishes the distinction between the residential purpose from the use that is for business or commercial purposes and H.B. 44 allows for an owner of two adjoining -- to use the second lock for the same residential purposes for a lot of -- which is the residence without having to reply for the single lot. Mr. Speaker, there is a second amendment.
REPRESENTATIVE JOE STRAUS: Following amendment. Clerk will read the amendment.
CLERK: Amendment by Menendez.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker, members. What this amendment simply does is remove propane or natural gas tanks from the residential purposes described in the bill that were not included in the original bill and when I added in the substitute I was not aware that there were other issues being considered in other legislation that addressed the subject. I move adoption.
REPRESENTATIVE JOE STRAUS: Representative Menendez sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Move passage.
THE SPEAKER: Question occurs on the passage of House Bill 44. Anyone wishing to speak for or against? If not, all in favor say aye, opposed, nay. The ayes have it. Record vote has been requested, members. Record vote is granted. Question on the passage to engrossment the House Bill 44. Clerk will ring the bell. Have all members voted? Have all members voted? Being 89 ayes 52 nays, House Bill 44 is passed to engrossment. Chair lays out on 2nd reading House Bill 213. Clerk will read the Bill.
CLERK: H.B. 213 by Rodriguez. Relating to the duties of a mortgage servicer of certain residential mortgage loans.
THE SPEAKER: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker, members. The intent of this bill is to provide certain information to the homeowners that are not federally related. Various federal laws require lenders to provide information to homeowners but only if the loans are federally related mortgage loans. This bill simply extends these protections to homeowners non federally related loans and says that upon request from the homeowner the servicer would be -- would have to apply certain basic information.
THE SPEAKER: Following amendment. The Clerk will read the amendment.
CLERK: Amendment by King of Zavala.
THE SPEAKER: Chair recognizes Representative King.
REPRESENTATIVE KING: Thank you, Mr. Speaker, members. This amendment simply says that if you -- this bill is designed to apply to mortgage service companies or mortgage servicers and it simply says that if you already are the owner of the mortgage, in other words, it's a property that you own and you sold and you are holding the paper on, you are the mortgagee that this does not apply to you. I move passage. Move adoption.
THE SPEAKER: Representative King of Zavala sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted.
REPRESENTATIVE RANDY WEBER: Mr. Speaker.
THE SPEAKER: Mr. Weber, for what purpose?
REPRESENTATIVE RANDY WEBER: Would the gentleman yield?
THE SPEAKER: Gentleman yield?
REPRESENTATIVE EDDIE RODRIGUEZ: I yield.
THE SPEAKER: He yields.
REPRESENTATIVE RANDY WEBER: Thank you. Eddie. Explain to us -- again, I know you read kind of a caption but explain to us, again, what your intent is on this bill is. I've got a little trouble hearing.
REPRESENTATIVE EDDIE RODRIGUEZ: Sure the intent of this bill is for homeowners who have loans that are not federally regulated. Those types of loans are -- certain information is not required to be given to the homeowner. This kind of puts everybody in the same basket. Some of this information specifically is payment history, credit applications that's -- payment whenever requested by the homeowners, balance due on the loan, certain information like that. So, it's putting everybody in that same basket. And Representative King's amendment what that did is make it kind of -- if you sold your home you provide the loan you are the servicer so to speak -- more like a mom and pop deal, maybe you have three or four loans that you are exempt from this. So it's to regulate those folks.
REPRESENTATIVE RANDY WEBER: Okay. And I didn't track this through the committee process. Did you have -- industry to testify on this bill?
REPRESENTATIVE EDDIE RODRIGUEZ: Yes. The supportive of this bill.
REPRESENTATIVE RANDY WEBER: They were in support of the bill, anybody against this?
REPRESENTATIVE EDDIE RODRIGUEZ: Not to my recollection.
REPRESENTATIVE RANDY WEBER: Who brought you this bill?
REPRESENTATIVE EDDIE RODRIGUEZ: It came from my head, I think.
REPRESENTATIVE RANDY WEBER: You thought of it on your own?
REPRESENTATIVE EDDIE RODRIGUEZ: Thought of it all by myself.
REPRESENTATIVE RANDY WEBER: Well, you got to love it when the mind works.
REPRESENTATIVE EDDIE RODRIGUEZ: My mind works well.
REPRESENTATIVE RANDY WEBER: Thank you Representative.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you. Move passage.
THE SPEAKER: Anyone wishing to speak for or against -- Representative Veasey, for what purpose?
REPRESENTATIVE MARC VEASEY: Would the gentleman yield?
REPRESENTATIVE EDDIE RODRIGUEZ: I yield.
THE SPEAKER: He yields.
REPRESENTATIVE MARC VEASEY: Eddie, I just have one question for you. And there's a lot of different things going on as you can imagine. I guess -- what will this do for -- if a homeowner finds themselves behind on their mortgage and they want to call one of these services up or call up the person where the loan originated, how will this help that person be able to get someone on the phone. Probably that's one of the biggest issues in my district if somebody falls behind on their mortgage. Would they be able to make contact with somebody in a timely fashion.
REPRESENTATIVE EDDIE RODRIGUEZ: If that loan is not federally regulated, this bill would do is -- it would allow you, if you asked that question of the servicer now if there were not -- it was not basic information the one -- the question that you just asked would have to provided to the homeowner now. That's what the intent of this is.
REPRESENTATIVE MARC VEASEY: Do you think the bill would just speed up the process in making the companies more responsive to the owners --
REPRESENTATIVE EDDIE RODRIGUEZ: Right. That's the intent here in fact this really affects very few companies. Most companies you know have millions upon millions of dollars of loans and they already have to do this. This is just a smaller, maybe have you know several hundred loans like this.
REPRESENTATIVE MARC VEASEY: Right.
REPRESENTATIVE EDDIE RODRIGUEZ: So this would put them here in to this category so that they have to provide this information to the homeowners basically.
REPRESENTATIVE MARC VEASEY: Okay thank you.
THE SPEAKER: Mr. Rodriguez sends up House Bill 213.
THE SPEAKER: Question occurs on the final passage to third reading to House Bill 213. All in favor say aye, all opposed nay. Chairs opinion, ayes have it. House Bill 213 is passed to 3rd reading. Chair lays out on 2nd reading House Bill 2165. Clerk will read the Bill.
CLERK: H.B. 265 by Hilderbran. Relating to the lease of space by or for a state agency.
THE SPEAKER: Chair recognizes Representative Hilderbran.
REP. HARVEY HILDERBRAN: Thank you, Mr. Speaker, members. This bill, House Bill 265 enhances the ability of the Texas facility's commission to make us use of state space and allows them when space -- this being a lease is up for a renewal to consider or not whether there is a existing state space that can be utilized to serve same purpose and will enhance their ability to get that job done and -- but there was support of the bill. And there's no opposition in committee. I yield to --
REPRESENTATIVE LON BURNAM: Mr. Speaker.
THE SPEAKER: Mr. Burnam, for what purpose?
REPRESENTATIVE LON BURNAM: I believe that the gentleman would yield to ask a couple of --
REP. HARVEY HILDERBRAN: I yield.
THE SPEAKER: He yields.
REPRESENTATIVE LON BURNAM: Harvey, we discussed this beforehand and we discussed about legislative intent that we're going to be asked to reduce and put in writing in the journal; is that correct?
REP. HARVEY HILDERBRAN: Yes.
REPRESENTATIVE LON BURNAM: All right. The legislative intent, let me make sure I'm clear. Doesn't current law already stipulate the state agency can only space, and state space that is not available?
REP. HARVEY HILDERBRAN: You know, you and I were talking about -- well I am not certain about that but here's what we do agree on that this is -- this should not be a wholesale change. It should be more of the consider -- one of the considerations that's undertaken to make good management decisions and not the only one.
REPRESENTATIVE LON BURNAM: Thank you for that -- not the only one. It specifically says the state law now in the section right before what you are prosing to amend, state owned space is not otherwise available to the agency. Meaning, that if they can't find it, they can rent it. So it's really not your intent to make this the only criteria. It's your intent to clarify that is an important criteria that people should look at when deciding whether to rent or checking out the availability. In fact your law -- your bill specifically says they will check out the availability of space correct.
REP. HARVEY HILDERBRAN: Correct.
REPRESENTATIVE LON BURNAM: And you're going to accept friendly amendment by me that simply says --
REP. HARVEY HILDERBRAN: Available -- yes.
REPRESENTATIVE LON BURNAM: Yes. Thank you very much I -- Mr. Speaker.
THE SPEAKER: Representative Burnam, for what purpose?
REPRESENTATIVE LON BURNAM: I would like to ask that the -- between Representative Hilderbran and myself be reduced in writing for the journal.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, we have two amendments. Members, the following amendment. The clerk will read the amendment.
REPRESENTATIVE LON BURNAM: Mr. Speaker, members, the amendment only changes one word. It inserts the word "reasonably" to make sure that the -- don't get confused. And it is acceptable to the author.
CLERK: Amendment by Burnam.
REPRESENTATIVE LON BURNAM: Reasonably, move adoption.
THE SPEAKER: Mr. Burnam sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Hilderbran.
REP. HARVEY HILDERBRAN: Move -- I'm just going to move passage. Are you going to speak to me?
REPRESENTATIVE LOIS KOLKHORST: Mr. Speaker, would the gentleman yield?
THE SPEAKER: Would the gentleman yield?
REP. HARVEY HILDERBRAN: Be happy to.
THE SPEAKER: He yields.
REPRESENTATIVE LOIS KOLKHORST: Mr. Chairman, you and I had a discussion before you got -- before you laid the bill up -- out and I just want to clarify and I do represent Walker County and we do have space. We have a lot of state owned facility but I want to make sure that the amendment clearly gives you the ability to weigh the pros and cons because we believe in operating TDCJ in Walker County is more cost effective even if we lease space than --
REP. HARVEY HILDERBRAN: This is not prohibit leased space. And I think the amendment that we just accepted should make you more comfortable but the intention of the bill was not to negatively address what you were concerned about but I think with the "reasonably" added and what we had on the exchange should take care of any concern.
REPRESENTATIVE LOIS KOLKHORST: Good, because you know in Walker County there is a -- we do own a lot of property as a state but we also have to at times when we are changing departments doing things may be expanding or contracting, we do have to lease space and I don't want this just to be another reason to move TDJC to Austin where it would be less cost effective.
REP. HARVEY HILDERBRAN: That's not what this is about.
REPRESENTATIVE LOIS KOLKHORST: Thank you, thank you, Mr. Chairman.
REP. HARVEY HILDERBRAN: Move passage.
THE SPEAKER: Members, the question occurs on the passage to 3rd reading of House Bill 265. All those in favor say aye. All those opposed. The ayes have it. House Bill 265 sixty five passed to engrossment. Chair lays out on 2nd reading House Bill 345 recognizes -- The clerk will read the Bill -- I recognize that clerk will read the Bill.
CLERK: H.B. 345 by Kleinschmidt. Relating to limitations on awards in adjudication brought against local governmental entity for breach of contract.
THE SPEAKER: Chair recognizes Representative Kleinschmidt.
REPRESENTATIVE TIM KLEINSCHMIDT: Thank you, Mr. Speaker, members, House Bill 345 clarifies the award of prompt pay interest in dealing with the local government code with local government breaches of contract. Move adoption.
THE SPEAKER: Members, the question occurs on the final passage to engrossment House Bill 345. All those in favor say aye, all those opposed. The ayes have it. House Bill 345 is passed to engrossment. That Tim Kleinschmidt is one good guy. Chair lays out on 2nd reading House Bill 499 on 2nd reading. The clerk will read the Bill.
CLERK: H.B. 499 by Rodriguez. Relating to the additional penalty for collection cost for certain delinquent taxes.
THE SPEAKER: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker, members. The intent of this bill is to insure consistency and tax policy and accountability on the part of property owners. This bill will provide notice of penalty for property owners who have failed to timely pay the tax liability following an appeal from the appraisal review board. The issue being addressed here is consistency in tax policy. Move passage.
THE SPEAKER: Anyone wishing to speak for or against House Bill 499? If not the question occurs on the passage to 3rd reading of House Bill 499. All those in favor say aye. Those opposed. The ayes have it. House Bill 499 is passed to 3rd reading. Chair lays out on second reading House Bill 469. The Clerk will read the bill.
CLERK: H.B. 469 by Callegari. Relating to the calculation of ad valorem taxes on the residence homestead of 100 percent or totally disabled veteran for the tax year which the veteran qualified or ceases to qualify for an examination from taxation of the homestead.
THE SPEAKER: Chair recognizes Representative Miller.
REPRESENTATIVE DOUG MILLER: Mr. Speaker, members, we are going to wait on the Senate Bill to come over. Therefore, I move to postpone consideration of House Bill 469 for time certain Thursday, April 28th, 10:00 a.m.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 968 for second reading. Clerk will read the bill.
CLERK: House Bill 968 by Strama. Relating to expulsion from school or placement in a disciplinary alterative education program for certain conduct.
THE SPEAKER: Chair recognizes Representative Strama.
REPRESENTATIVE MARK STRAMA: Thank you, Mr. Speaker, members. At the risk of awakening you from your Monday slumbers, I got to give you a little bit of detail about this bill. Right now, it is an expulsion offense if you commit a title five crime in the penal code, if you commit off campus. There is another offense that is commensurate with title five crimes. Aggravated robbery involves a weapon and it is not in title five of the penal code. It just happens to be in a separate section of the penal code. This bill conforms the punishment for aggravated robbery with the punishment for a title five offense under the penal code in Chapter 37 of the education code. The other thing that this bill does is it extends to within 300 of the school's perimeter the types of offenses that are eligible for a discretionary removal to a DAEP, so that the same -- it's the same situation where it makes the code conform and be more consistent throughout. And there is an amendment from Representative Hochberg that gets at a similar but slightly different problem. That amendment will be acceptable but I will let him lay that out. The following amendment. The clerk will read the amendment.
CLERK: Amendment by Hochberg.
THE SPEAKER: Chair recognizes Representative Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker, members. What this amendment does is it clarifies the definition of serious misbehavior in the education code now and removes a provision that allows persistent nonserious misbehavior to allow a student to be sent to the juvenile justice alternative program. It's acceptable to the author and I move adoption.
THE SPEAKER: Representative Hochberg sends up an amendment. It's agreeable to the author. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE MARK STRAMA: Thank you. I move to engrossment on House Bill 968 as amended.
THE SPEAKER: Members, the question occurs on the passage to engrossment of House Bill 968. All those in favor say aye, those opposed nay. The ayes have it. House Bill 968 is passed to engrossment. Chair lays out on 2nd reading House Bill 1064. Clerk to read the Bill.
CLERK: H.B. 1064 by Pitts. Relating to exempting certain customers from certain demand charges by transmission and distribution utilities.
THE SPEAKER: Chair recognizes Mr. Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, this bill will provide from demand charges for certain qualifying customers such as school districts churches, fairgrounds and others. I believe I have an amendment.
THE SPEAKER: Following amendment. The clerk will read the amendment.
CLERK: Amendment by Pitts.
THE SPEAKER: Chair recognizes Mr. Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, this is the technical amendment that just corrects a drafting error on the chapter that refers. I move passage.
THE SPEAKER: Mr. -- Representative Pitts sends up an amendment. Is there any objection to the adoption of amendment? Chair hears none. The amendment is adopted.
REPRESENTATIVE BYRON COOK: Mr. Speaker.
THE SPEAKER: Mr. Cook, for what purpose?
REPRESENTATIVE BYRON COOK: Would the gentleman yield for just a couple of questions?
REPRESENTATIVE JIM PITTS: Yes, I will.
REPRESENTATIVE BYRON COOK: Thank you, Jim. Is it correct that this bill and the rules to be adopted by the PUC shall only apply to nonresidential secondary service customers and to no other rate classes.
REPRESENTATIVE JIM PITTS: That is correct, Byron.
REPRESENTATIVE BYRON COOK: Are there going to be any cost shift to any other customer class under this bill?
REPRESENTATIVE JIM PITTS: There will not be.
REPRESENTATIVE BYRON COOK: Transmission distribution utility shall implement any rate modification required by this bill and their commercial rate case subsequent to PUC adopting rules necessary by this legislation; is that correct?
REPRESENTATIVE JIM PITTS: That is correct.
REPRESENTATIVE BYRON COOK: Thank you. Mr. Speaker.
THE SPEAKER: For what purpose, Mr. Cook.
REPRESENTATIVE BYRON COOK: Mr. Speaker, I move the discussion between Mr. Pitts and I be reduced in writing and placed in the journal for legislation --
THE SPEAKER: You've heard the motion. Is there any objection? Chair hears none. So ordered. REP. CHARLES "DOC" ANDERSON: Mr. Speaker.
THE SPEAKER: For what purpose, Mr. Anderson? REP. CHARLES "DOC" ANDERSON: Would the gentleman yield?
REPRESENTATIVE JIM PITTS: Yes, I do Doc.
THE SPEAKER: Gentleman yields. REP. CHARLES "DOC" ANDERSON: Thank you, Mr. Chairman. I just want to point out, are you aware that this bill requires that the transmission distribution utility companies waive the right to demand number one. Number two, it requires to verify the customer qualify and number three, to ratify the they are of in the next rate case to make up for the differential there.
REPRESENTATIVE JIM PITTS: That is correct. REP. CHARLES "DOC" ANDERSON: And the PUC will set the rate as it goes forward and we would just hope that as the PUC goes through this process that they don't raise the tariffs on these nonprofits -- are you aware that these are churches, schools --
REPRESENTATIVE JIM PITTS: That is correct. And Doc, this is basically the same bill you and I had last session. REP. CHARLES "DOC" ANDERSON: Yes. And thank you. And Mr. Speaker, I'd ask that the comment between Mr -- chairman and I be reduced to writing and placed in a journal.
THE SPEAKER: You've heard the motion, members. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: I move passage.
THE SPEAKER: Anyone wishing to speak for or against House Bill 1064? Question occurs on the passage to engrossment of House Bill 1064. All those in favor say aye, oppose nay. The ayes have it the House Bill 1064 is passed to engrossment. Chair lays out on second reading committee substitute for House Bill 1118. The clerk will read the bill.
CLERK: H.B. 1118 by Ritter. Relating to resale of property purchased by the taxing unit at a tax sale.
THE SPEAKER: Chair recognizes Mr. Ritter to explain the bill.
REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker, 1118 allows taxing units to clear their foreclosed property difficult due to market post judgment taxes. Move passage.
THE SPEAKER: Anyone wishing to speak for or against the committee substitute for House Bill 1118. The question occurs on the passage to engrossment of House Bill 1118. All those in favor say aye, opposed nay. The ayes have it. House Bill 1118 is passed to engrossment. Chair lays out on 2nd reading of committee substitute for House Bill 1380. The clerk will read the Bill.
CLERK: H.B. 1380 by Truitt. Relating to graduate medical training requirements for certain foreign medical school graduates applying for license to practice medicine in this State.
THE SPEAKER: Chair recognizes Ms. Truitt to explain the bill. Mr. Taylor.
REPRESENTATIVE VAN TAYLOR: Thank you, Mr. Speaker. House Bill 1380 relates to the graduate of medical training requirements for certain foreign medical school graduates applying for license to practice medicine in this state. Move passage.
THE SPEAKER: Anyone wishing to speak for or against committee substitute for House Bill 1380. Question occurs on passage to engrossment of committee substitute for House Bill 1380. All those in favor say aye, opposed nay. The ayes have it. Committee substitute for House Bill 1380 is passed to engrossment. The chair lays out on 2nd reading House Bill 1965. The clerk to read the Bill.
CLERK: H.B. 1965 by Kolkhorst. Relating to the expansion of faith and community based health and human services initiatives.
THE SPEAKER: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker, members. House Bill 1965 is a bill that's a follow up to House Bill 492 carried by Representative Zerwas. And I do have one amendment that's kind of a perfecting amendment changing the make up of the task force.
THE SPEAKER: Following amendment. The Clerk will read the amendment.
CLERK: Amendment by Kolkhorst.
THE SPEAKER: Chair recognizes Ms. Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. With some input from nonprofit we struck two things. We struck on this or I struck the donors and I also struck the general public and we put in there instead a representative for nonprofit state organizations and then to a representative from statewide associations. I think that the Health and Human Service Commission liked that change also. So, I move passage of the amendment.
THE SPEAKER: Representative Kolkhorst sends up an amendment. Is there any objection to the adoption of the amendment? The amendment is acceptable to the author. Chair hears no objection. The amendment is adopted. Chair recognizes Representative Kolkhorst to close.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. House Bill 1965 creates better partnership between state government and nonprofit groups and it's a better state investment and to nonprofit capacity. I move first -- I move passage.
THE SPEAKER: Representative Kolkhorst sends up -- Representative Kolkhorst moves passage of House Bill 1965. Is there anybody wishing to speak for or against House Bill 1965? Question occurs on House Bill 1965. All those in favor say aye, those opposed nay. The ayes have it. House Bill 1965 is passed to engrossment. The Chair lays out on 2nd reading House Bill 2131 recognized that. The clerk to read the Bill.
CLERK: H.B. 2131 one by Geren. Relating to issuance of a pass for expedited access to the State Capitol.
THE SPEAKER: Chair recognizes Chairman Geren.
REPRESENTATIVE CHARLIE GEREN: Thank you, Mr. Speaker, members. Members, this bill simply allows anyone in the general public, whether it be press, lobby or --'s brother or anyone that wants to apply for and go through the same background check as the CHL, same fingerprints as CHL it's just not to do the proficiency and not have to pay a fee that sets up that covers the DPS's in doing the background check and fingerprints and that would allow them to access to the Capitol. I move to passage.
THE SPEAKER: Anyone wishing to speak for or against House Bill 2131? Question occurs on the passage of House Bill 2131. All those in favor say aye, opposed nay. The ayes have it. The House Bill 2131 is passed to engrossments. Chair lays out on 2nd reading House Bill 2420. The clerk to read the Bill.
CLERK: H.B. 2420 by King of Zavala. Relating to exemptions for permitting ground water districts contributions of the drilling and operation of certain water wells.
THE SPEAKER: Chair recognizes Mr. King.
REPRESENTATIVE KING: Thank you, Mr. Speaker, members. The House Bill 2420 simply clarifies the situation that some attorneys thought might be confusing about which wells were exempted from permitting by groundwater conservation districts. It was supported by the all the groundwater conservation districts. REPRESENTATIVE EDDIE LUCIO, III: Mr. Speaker.
THE SPEAKER: Just a moment, Mr. Lucio. Mr. King, do you have a Senate Bill you want to lay out? Members, the Senate companion to House Bill 2420 is over and eligible. Accordingly the Chair lays out Senate Bill 691. The clerk will read the Bill. S.B. 691 by Estes. Relating to exemption for permitting groundwater conservation districts to use certain water wells to certain domestic livestock and poultry watering purposes. Chair recognizes Mr. King.
REPRESENTATIVE KING: Thank you. Senate Bill is the same as the House Bill. I yield for questions. REPRESENTATIVE EDDIE LUCIO, III: Thank you.
THE SPEAKER: Mr. Lucio, for what purpose? REPRESENTATIVE EDDIE LUCIO, III: Just questions on legislative intent.
THE SPEAKER: Okay. Do you yield, Mr. King?
THE SPEAKER: Gentleman yields. REPRESENTATIVE EDDIE LUCIO, III: Thank you Representative. Are the provisions in Section 1 of this bill intended to included a groundwater distribution district from using a non-evidentiary approval procedure before using -- that would insure that the well construction meets protective standards and that the well location confirms the applicable set backs and spacing requirements?
REPRESENTATIVE KING: No, it's not intended to do that. REPRESENTATIVE EDDIE LUCIO, III: Okay. Thank you. Mr. Speaker, if I could have the comments between the two of us put in the journal, please.
THE SPEAKER: You've heard the motion members. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. King.
REPRESENTATIVE KING: Thank you members, I move passage.
THE SPEAKER: Members, anyone wishing to speak for or against Senate Bill 691? The Question occurs on the passage to engrossment. All those in favor say aye, all those opposed, nay. The ayes have it. The Senate Bill 691 is passed to engrossment. Representative King of Zavala moves to lay House Bill 24 -- subject to call. Is there any objection? The chair hears none. And it so ordered. The Chair lays out House Bill 2541. The clerk will read the bill.
CLERK: H.B. 2541 by Solomons. Relating to regulation of traffic on certain roads by counties.
THE SPEAKER: The chair recognizes Chairman Solomons.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker, members. House Bill 2541 would increase traffic safety at no cost to the State and would allow the residence of a special district located in the unincorporated area of a county with the population less than one million to petition the proper commissioner's court to request the county enforcement rules on the traffic rules on county roads be extended to the district's roads. I move passage.
THE SPEAKER: Anyone wishing to speak for or against House Bill 2541? The question occurs on passage to engrossment House Bill 2541. All those in favor say aye, opposed nay. The ayes have it. House Bill 2541 is passed to engrossment. Chair lays out on 2nd reading of substitute for House Bill 2559. Clerk will read bill.
CLERK: H.B. 2559 by Truitt. Relating to commercial motor vehicle installment sales.
THE SPEAKER: Chair recognizes chairman Truitt to explain the bill.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker, members. This bill does not make any substitutive changes to the law. It simply reorganizes the law to make it easier to understand and manage. Instead of one chapter covering both consumer and commercial transactions the law will have a Chapter 4 each. And I move passage.
THE SPEAKER: Anyone wishing to speak for or against committee substitute to House Bill 2559? Question occurs on the passage to engrossment to committee substitute to House Bill 2559. All those in favor say aye, those opposed nay. The ayes have it. Committee substitute for House Bill 2559 is passed to engrossment. A. Chair lays out on 2nd reading committee substitute to House Bill 2904. Clerk to read the bill.
CLERK: House Bill 2904 by Zerwas. Relating to the administration of centralized Texas organ donation registry.
THE SPEAKER: Chair recognizes Chairman Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker, members. Since 2006 the Glenda Dawson registry has been an effective tool for giving Texans the opportunity to life safing donors. Even though Texans have been made to grow the registry, Texas is still less than 7 percent of its population in the registries. So our efforts really need to be redoubled. Currently more than half of the registries across the country are run by OPO's and not by state governments. Many of these states experience significant growth in their registries when the OPO's took over their management. The number of registered donors in California currently stands at about eight million as opposed to in Texas we have one million. And both of us started our registries at about the same time. This bill proposes that the three federally certified procurement organizations which are life gift organ donation centers, Southwest Transport Reliance, and Texas Organ Sharing Alliance serving the state of -- assume responsibility for the operation and development of the registry. And, Mr. Speaker, I would move passage.
THE SPEAKER: Anyone wishing to speak for or against House Bill 2904? Question occurs on the passage to engrossment of committee substitute for of House Bill 2904. All those in favor say aye, opposed nay? The ayes have it. Committee substitute for House Bill 2904 is passed to engrossment.
REPRESENTATIVE JOE STRAUS: Chair lays out on second reading House Bill 3174. Clerk will read the Bill.
CLERK: H.B. 3174 by Madden. Relating to the stay or enforcement of a foreign country judgment to allow for the de novo review of a contractor agreement for sale, offered for sale or sale under the Securities act.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, Mr. Speaker, both the security services and investment products offered by the outside companies located in various Caribbean islands have stolen millions of dollars from Texas residents and when their fraud is exposed they utilize Caribbean based jurisdictions to hide and attempt to legitimatize their schemes and judgments obtained by the foreign courts often render to even impose further cost on the victims of these investments schemes. House Bill 3164 affords Texas judicial reviews by Texas courts to determine whether there are frauds in their investment schemes have violated the Texas Security's Act and/or the Gissepe's Trade act. I move adoption.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 3174. The question occurs on passage to engrossment of House Bill 3174. All those in favor say aye, all those opposed nay. Ayes have it, House Bill 3174 is passed for engrossment. Chair lays out on second reading on H.C.R. 69. The Clerk will read the resolution.
CLERK: H.C.R. 69 by Hopson. Directing Texas Facilities Commission to name the Department of State Health Services Laboratory Services Section building in honor of former State Representative Dr. Bob Glaze.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hopson.
REPRESENTATIVE CHUCK HOPSON: Mr. Speaker, members, this H.C.R. 69 names the laboratory billing of the Department of Health Services in honor of Dr. Bob Glaze and I move passage.
REPRESENTATIVE JOE STRAUS: Members, it's a record vote. Clerk will ring the bell. Have all voted? Show Representative Creighton voting aye. Have all voted. Being 146 ayes and 0 nays, the Resolution is adopted. Members, that concludes the calendar. It's a chair's intention to come in tomorrow morning at 9:00 a.m. Chair recognizes Representative Ritter for a motion.
REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker, members. I move to suspend the following rules. The five day posting rule to allow the Committee on Natural Resources to consider House Bill 2558 and Senate Bill 683 at 8:00 a.m. April 19th, 2011 in room E2010.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson for a motion.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker, members. I request permission to allow the Local and Consent Calendars Committee to set a local consent and resolution calendar by Thursday April the 21st, 2011 at 10:00 a.m.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Chair recognizes Representative Gallego for a motion.
REPRESENTATIVE PETE 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 728, House Bill 864, House Bill 1715, House Bill 2526, House Bill 2647, House Bill 3056 six, House Bill 3306, House Bill 3322, House Bill 3546, and House Bill 3525. Tomorrow at 10:30 a.m. or on adjournment tomorrow April 19th, 2011, in the Reagan room 120.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson for a motion.
REPRESENTATIVE JIM JACKSON: Thank you, Mr. Speaker. I move to suspend the five day posting rule and all necessary rules to allow the Committee on Judiciary and Civil Jurisprudence to hear and consider House Bill 910, 2096, 2876 and H.J.R. 126 at 2:00 p.m. or upon adjournment April 18th, 2011 in room-E2010.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Guillen for a motion.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members. I move to suspend all the five day posting rule to allow the Committee on Culture Recreation and Tourism to consider pending business and S.B. 390, S.B. 460, S.B. 498, S.B. 499, S.B. 766, to all of which have companion bills that we've previously heard upon adjournment today April 18th, 2011 at desk 16.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative McClendon for a motion.
REP. RUTH JONES MCCLENDON: Thank you, Mr. Speaker, members. I move to suspend all necessary rules to allow the Committee on Rules and Resolutions to meet and set a congratulatory and memorial calendar for Tuesday at 10:00 a.m.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcement. The clerk will read the announcements.
CLERK: The Committee on Culture Recreation and Tourism will meet upon adjournment on April 18th, 2011 at desk No. 16 in the House chamber. This will be a formal meeting to consider pending business and S.B. 390 ninety, S.B. 460, S.B. 498, S.B. 499, and S.B. 766. The Committee on Judiciary and Civil Jurisprudence will meet at 2:00 p.m. or upon adjournment on April 18th, 2011. At-E2.010. This will be a public hearing to consider H.B. 910, H.B. 2096 H.B. 2876 H.J.R. 126 and previously posted agenda. The Committee on Local and Consent Calendars will meet upon adjournment today on April 18th, 2011, at the Agricultural Museum at 1W.14. This will be a formal meeting to consider a local consent and resolutions calendar. The Committee on Public Health will meet upon adjournment of the House on April 18th, 2011, at desk number 90 in the House chamber. This will be a formal meeting to consider pending business. The Committee on Environmental Regulation will upon final adjournment today April 18th, 2011 at 3W.9. This will be a formal meeting to consider pending business. The Committee on Criminal Jurisprudence will meet upon final adjournment on April 18th, 2011 at 3W.15. This will be a formal meeting to consider pending business. The Committee on Corrections will meet upon final adjournment today April 18th at the House chamber desk No. 50. This will be a formal meeting to consider pending business. The Committee on Natural Resources will meet at 8:0 a.m. on April 19th, 2011, at E2.010. This will be a public hearing to consider H.B. 2558 and S.B. 683 and previously posted business. The Committee on Homeland Security and Public Safety will meet upon final adjournment on April 18th, 2011 of the House chamber desk No. 119. This will be a formal meeting to consider pending business. The Committee on Calendars will meet upon final adjournment on April 18th, 2011 at 1W.4 in the AG Museum. This will be a formal meeting to consider pending calendar. The Committee on Border and Intergovernmental Affairs will meet upon adjournment on April 18th, 2011 at the House floor desk number 127. This will be a formal meeting to consider H.B. 978.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker, members. I request permission for the Committee on Redistricting to meet while the House is in session at 11:00 a.m. on Tuesday, April 19th, 2011, the place being the Agricultural Museum in 1W.14 to consider pending business.
REPRESENTATIVE MARTINEZ: Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Mr. Martinez for what purpose?
REPRESENTATIVE MARTINEZ: Would the chairman yield for questions?
REPRESENTATIVE JOE STRAUS: Mr. Solomons, do you yield?
REPRESENTATIVE BURT SOLOMONS: Of course.
REPRESENTATIVE MARTINEZ: Mr. Solomons, Chairman Solomons. What is the process for considering the committee amendment. I know several members had that question and I'm just trying to kind of figure out what the process will be for those committee amendments on redistricting.
REPRESENTATIVE BURT SOLOMONS: We ask the interested parties to present their amendments to the committee substitute by this morning around 10:30, I think, and tomorrow, we'll have a variety of those. Many of those have been agreed to. Some may not have been. And it's just like any other bill.
REPRESENTATIVE MARTINEZ: And my other question in regard to the committee would be, what have you majority of the delegation that supports those amendments and you may have one that doesn't, what is the threshold? Will that still be voted out and considered or is that something that's null and void? If you only have one individual from that delegation that doesn't support that?
REPRESENTATIVE BURT SOLOMONS: Well, there's 17 committee members. I'm assuming that all 17 members will be there. And they will have an opportunity to discuss all the amendments, including the ones that are not agreed to by everyone.
REPRESENTATIVE MARTINEZ: And all the committee amendments will be voted on; is that correct?
REPRESENTATIVE BURT SOLOMONS: Depends -- if the committee members who wants to submit that amendment wants to do that, we're certainly going to give them that opportunity to discuss it. It's my preference that amendments be agreed to. But you know at the end of the day the committee is the committee and it's an amendment to a bill.
REPRESENTATIVE MARTINEZ: Okay. And will the bill voted out on the same day that the amendments are adopted, or will that be a different date to vote the bill out?
REPRESENTATIVE BURT SOLOMONS: We are going to try to vote the bill out tomorrow as amended just like any other bill. Then it has to be checked again by alleged counsel. Then we go through the process of sending -- it goes to the calendars. Calendars would then have to take possession and then you can talk to Mr. Hunter about the timing.
REPRESENTATIVE MARTINEZ: Thank you, Mr. Chairman.
REPRESENTATIVE BURT SOLOMONS: Thank you.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker, would the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Solomons, do you yield?
REPRESENTATIVE BURT SOLOMONS: I have to? Yes.
UNIDENTIFIED MALE SPEAKER: It would be the polite thing to do, Chairman Solomons.
REPRESENTATIVE BURT SOLOMONS: I know.
REPRESENTATIVE LON BURNAM: Chairman Solomons, I'm trying to get a clear understanding of the timeline on this. Last Thursday we were presented with the bill with proposed lines, correct?
REPRESENTATIVE BURT SOLOMONS: Yes.
REPRESENTATIVE LON BURNAM: And you are prosing to have it on the House floor by when?
REPRESENTATIVE BURT SOLOMONS: I'm not sure.
REPRESENTATIVE LON BURNAM: Well, let me ask it another way. Last Thursday, you both presented the bill and suspended the rules such that we have our first of two hearings on Friday; is that correct.
REPRESENTATIVE BURT SOLOMONS: We had a hearing on Friday and we had a hearing on Sunday afternoon.
REPRESENTATIVE LON BURNAM: And what time did the hearing on Sunday afternoon adjourn?
REPRESENTATIVE BURT SOLOMONS: I believe around 7:00 o'clock?
REPRESENTATIVE LON BURNAM: Okay. So tomorrow, the process -- and I understand that you've partially answered this already. Tomorrow you are going to be offering -- the amendments will be offered and you will be taking votes in committee starting at what time?
REPRESENTATIVE BURT SOLOMONS: Sometime -- my motion is for us to meet at 11:00 a.m.
REPRESENTATIVE LON BURNAM: So all of the testimony was taken on Friday afternoon and Sunday afternoon, you're going to be voting on bills on Tuesday and what time are you proposing or what day are you proposing to have the bill on the House floor.
REPRESENTATIVE BURT SOLOMONS: I am not sure. I would hope that we would get it done sometime early next week but I don't know. I don't control that.
REPRESENTATIVE LON BURNAM: So, you don't think it's likely to happen this week but you are trying to make it happen next week?
REPRESENTATIVE BURT SOLOMONS: I would think the reasonable time frame based on our calendar would be next week.
REPRESENTATIVE LON BURNAM: Well, as long as it doesn't happen before my bills in calendar I'm fine. Thank you.
REPRESENTATIVE BURT SOLOMONS: Thank you.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcement. The. Clerk will read the announcements.
CLERK: The Committee on Redistricting will meet at 8:00 a.m. on Tuesday, April 19th, 2011 at the Agriculture Museum room 1W.14. This will be a formal meeting to consider pending business.
REPRESENTATIVE JOE STRAUS: The following announcement. The clerk will read the announcement.
CLERK: The Committee on Redistricting will meet at 11:00 a.m. on Tuesday, April 19th, 2011, at the Agriculture Museum, room 1W.14. This will be a formal meeting to consider pending business.
REPRESENTATIVE JOE STRAUS: Members, are there any other announcements? Representative Keffer moves that the House stands adjourned pending the reading and referral of bills and resolutions until 9:00 a.m. tomorrow in memory of volunteer firefighter Gregory Simmons of Eastland. House stands adjourned. The following bills in first readings of referral.
CLERK: H.B. 3854 by Castro. Relating to the creation of the Prosper Municipal Management District No. 2; providing authority to impose a tax, levy an assessment, and issue bonds. H.B. 3855 by Garza. Relating to the Bexar Metropolitan Water District. H.C.R. 137 by Craddick. Designating April 2011 as Parkinson's Awareness Month. H.C.R. 138 by Deshotel. Honoring the African Americans who fought in the Texas Revolution. Pursuant to Rule 1, Section 4 the referral of the following bills and resolutions. H.B. 1875 by Kolkhorst. Relating to the repeal of certain health programs, task forces, and councils, and to the review of certain health programs, councils, and divisions under the Texas Sunset Act. H.B. 2075 by Martinez. Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians.
REPRESENTATIVE JOE STRAUS: House stands finally adjourned until 9:00 a.m. tomorrow.
