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

REPRESENTATIVE TIM KLEINSCHMIDT: Thank you, Mr. Speaker, members. I'm pleased to introduce Pastor Bill Gravel today from Frontera Church in Jarrell. He's been my friend for many years. I got to know him back when he was very active in the youth minister. And even then with him -- he was active in mission work in the Dominican Republic, and I visited with him there. I've known him for many years. His family is in the gallery with him here today. You're welcome to be here to your House. Folks, please help me welcome -- and, Jarrell, of course, is in Representative Schwertner's district, and he personally knows the Pastor Bill Gravel. Bill's grandfather was a member of the Texas House in the 35th Legislature. So please help me in welcoming today Pastor Bill Gravel.

THE PASTOR: Let us pray together. Dear Lord, thank you for allowing us to live in the great State of Texas. It is a privilege to call her our home. I pray this day for the 25 million Texans, that you grant them your grace and understanding as they go through this everyday journey. Heavenly Father, please bring a gentle rain upon our state. Calm the winds and douse the fires that are scorching our Texas. Bless and protect our men and women in harms way, this day, protecting our freedom. Father, I pray this day for our Governor Grant, Governor Perry the grace and the wisdom to lead our great state. Help them to have clear eyes to see the real motives of those that come before him this day. Grant him your discernment. Holy Father, I pray for wisdom for our Speaker of the House as he deals with difficult decisions that are before him this day. Lord Jesus, our state budget shortfall is no surprise to you. Grant our speakers and our leadership the wisdom of Solomon to know the proper areas to make budget cuts that would cause the least amount of heartache for Texas. As these representatives are gathered here today, Father, I pray that you would bless them for our service in the great State of Texas. Help these that fill the chamber to look deep within themselves and to remember from where they come. Help them to remain humble and focused on your desire for this state. Let them remember that the many people affected back home and those that they represent. Let them remember the mom and dad back home that they represent that is struggling to make ends meet. Let them remember the senior adult couple that walking is slowly down the aisle of Wal-Mart, because they just received sad medical news and these are their last days together. Let these, our representatives, remember the adult woman back home alone in her apartment that is dealing with mental illness, and the many families today that will receive horrible news about a son today that is lost in Afghanistan. Help these, Father, our representatives, to remember that they represent all of the people of Texas. Not special interest, not personal interest, not a political party but people, people from Beaumont to Houston to Hutto, from Waco to Wheeler, from Lubbock to Lexington, and from Austin to Atlanta, and from Jones Town to Jarrell. Help them today to remember that they represent the big towns and the small towns, but most of all, Our Lord, the people that fill these towns. Dear Lord, help our representatives to remember that Jesus Christ is the Messiah. Dear Lord, this weekend as they return back to their districts to celebrate Easter, I pray that you would bless them and protect them in their travel and bless and protect the little time they have with their families. Dear Lord, grant them your wisdom this day, in service to our state. Bless our Governor, bless our Speaker of the House, bless these representatives and yes, Lord, bless the great State of Texas; for it is in the powerful name of Jesus Christ that we pray. Amen.

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

REPRESENTATIVE DAN FLYNN: Thank you, Mr. Speaker. Members, join with me in our pledge to the U.S. and Texas flags.

(PLEDGE)

REPRESENTATIVE JOE STRAUS: Representative Kleinschmidt moves that the House suspends the reading and referral of bills until the end of today's business. Is there objection? Hearing none. So ordered. Chair recognizes Representative Workman here to introduce our Doctor of the Day.

REPRESENTATIVE PAUL WORKMAN: Mr. Speaker and members, it's my pleasure to introduce Dr. Phil Macurty* from Marva Falls as our Doctor of the Day. While he is a constituent and a solo practitioner in Representative Aycock's district, he is also my brother-in-law. So I really appreciate the opportunity to introduce him to you today. Dr. Macurty is an alumni of the UT Southwestern Medical School and performed his residency in McClendon County. He is board certified by the American Board of Certified Family Medicine and member of several professional organizations, including the Texas Academy of Family Practice Physicians, the American Academy of Family Physicians, the Texas Medical Association and the American Medical Association. And from 2003 to 2007 he was the Chief of Staff at *Seaten Hospital, Highlands. And he is on call today for heart transplants and knee replacements and brain surgery. And if you are in need any of those, he is here to do that. And we are certainly in good hands today with my brother-in-law, who has been my brother-in-law for nearly 40 years, by the way, today. So, please welcome Phil Macurty.

REPRESENTATIVE JOE STRAUS: The Chair would like to congratulate the members of the Public Health Committee who were in committee until 5:10 a.m. Chair recognizes Representative Woolley for a motion.

REPRESENTATIVE BEVERLY WOOLLY: Mr. Speaker and members, I call up the formerly passed House Resolution 559.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Chair lays out HR 559. The clerk will read the resolution.

THE CLERK: HR 559 by Straus. WHEREAS, The Caring for Children Foundation of Texas is celebrating its 20th anniversary in 2011; and WHEREAS, The Caring Foundation was created in 1991 as a 501(c)(3) charitable organization specifically to address the needs of several hundred thousand medically underserved Texas children whose families could not afford health insurance yet did not qualify for Medicaid; and WHEREAS, Through its Caring for Children Program, from 1992 to 1999, the foundation provided doctor's visits for annual wellness and sick care, outpatient surgery, and prescription drugs for more than 6,700 uninsured children; and WHEREAS, In 1997, the Caring Foundation launched the Care Van Program, a mobile immunization outreach that conducts immunization events at schools, churches, community centers, restaurants parks, and fire stations; the program has since grown to a fleet of 10 vans serving 8 regions of the state, and to date has screened more than 500,000 children and provided more than 830,000 immunizations; and WHEREAS, Preventative dental care services are also important to a child's health, and the foundation has launched Community collaborations to provide dental exams and sealants to preschool and elementary school students; more than 53,000 children have received these preventative services since 2009; and WHEREAS, Key to the Caring Foundation's success in all three health initiatives has been a commitment to cooperation and coordination with the Texas Department of State Health Services local health services, the Texas Medical Association, individual health professionals, hospitals, civic groups, churches, school districts, fire departments, and volunteers, all of whom have provided invaluable resources and staffing to support the work of the foundation; and WHEREAS, Since the creation of the Caring Foundation in 1991 The primary statewide sponsor has been Blue Cross Blue Shield of Texas, which has provided 100 percent of all the foundation's administrative expenses, allowing all other donations to the foundation to go directly to delivery of care; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commemorate the 20th anniversary of the Caring for Children Foundation of Texas and commend all those associated with the organization for their efforts in behalf of the medically underserved children of Texas; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Caring for Children Foundation of Texas as an expression of high regard by the Texas House of Representatives.

REPRESENTATIVE JOE STRAUS: Chair recognizes representative Woolley.

REPRESENTATIVE BEVERLY WOOLLY: Members, we have two guests with us from the Caring For Houston -- Excuse me, Caring for Children Foundation. Mr. Craig Jeffrey, who is the executive director, and Mr. Darin Rogers, president of Blue Cross Blue Shield and president of Caring For Children Foundation. Caring For Children Foundation of Texas has celebrated their 20th anniversary this year. This organization has focused on addressing the health needs of medically underserved children of Texas whose family cannot afford health insurance, yet cannot qualify for Medicaid. Using its fleet of ten caravans to conduct mobile immunization outreach, the foundation has immunized over 500,000 Texas children and provided more than 130,000 immunizations. More than 53,000 preschool and elementary students have been provided denial exams and sealants. HR 559 recognizes this foundation, and all its community partners, for the great work they're doing to improve the health of medically underserved Texas children. Please help me in join me in welcoming, and giving a round of applause, to Mr. Craig Jeffreys and Mr. Darin Rogers for being here today.

REPRESENTATIVE JOE STRAUS: Representative Hamilton moves to add all members' names. Is there objection? Chair hears none. So ordered.

THE CHAIR: Members, it's the Chair's intent to take up at this time the Congratulatory and Memorial Calendar. Are there objections? Chair hears none. So ordered. The following Congratulatory Resolutions have been withdrawn: HR 1180. Chair lays out the following Congratulatory Resolutions. Clerk will read the resolutions.

THE CLERK: HCR 104. Congratulating Dr. Kitty Harris Wilkes on her selection as a 2011 YWCA of Lubbock Woman of Excellence. HCR 105. Congratulating Beth Lawson on her selection as a 2011 YWCA of Lubbock Woman of Excellence. HCR 106. Congratulating Aimee Doane on being named a 2011 Lubbock YWCA Woman of Excellence. HCR 107. Congratulating Dr. Kamlesh Varma on her selection as a 2011 YWCA of Lubbock Woman of Excellence. HCR 108. Congratulating Dr. Kelly Overley on her selection as a 2011 Woman of Excellence by the YWCA of Lubbock. HCR 109. Recognizing the Junior Marine Corps of Bedichek Middle School in Austin. HCR 111. Congratulating Yvonne Racz Key on her selection as a 2011 YWCA of Lubbock Woman of Excellence. HCR 112. Congratulating Sarah Jo Lambert on her selection as a 2011 YWCA of Lubbock Woman of Excellence. HCR 115. Honoring the Battleship Texas Foundation for its work to preserve the historic battleship. HCR 119. Congratulating James Alford Davis on being named the 2011 Citizen of the Year by the Menard County Chamber of Commerce. HCR 132. Honoring the Texas State Association of Parliamentarians on the occasion of their annual convention. HR 1180. Commemorating the 40th anniversary of Edward Nahas's immigration to the United States and honoring Mr. Nahas and his wife, Alda. HR 1243. Commending Harry Cabluck on his 50-year career as a photojournalist. HR 1244. Congratulating Charles W. Matthews on his receipt of the 2011 Fellows Award from the Dallas Bar Foundation. HR 1245. Commending Louis Henry for serving as a Democratic Party precinct chair in Dallas County. HR 1246. Congratulating Thomas and Ruth Taylor of Quinlan on their 60th wedding anniversary. HR 1247. Congratulating Felix and Dorothy Frazier of Greenville on their 70th wedding anniversary. HR 1248. Congratulating Bill and Kay Cleveland of Campbell on their 50th wedding anniversary. HR 1249. Commemorating the 25th anniversary of the Farmers Branch Historical Park. HR 1250. Recognizing the Heritage Senior Center Permanent Art Collection in Irving. HR 1259. Commemorating the 100th anniversary of the creation of White Rock Lake in Dallas. HR 1262. Commemorating the 100th anniversary of the founding of The Bank and Trust. HR 1263. Congratulating Rogelio Hernandez Musquiz of Del Rio on his retirement from the Val Verde County Commissioners Court in 2010. HR 1265. Honoring Second Lieutenant Jacob A. Fernandez for his service with the United States Marine Corps. HR 1268. Commemorating the exhibition of The Wall That Heals in honor of Vietnam War veterans in Corpus Christi from April 12-14, 2011. HR 1270. Honoring all those who took part in the second annual Swing Time fund-raiser at Argyle United Methodist Church benefiting the fight against Duchenne muscular dystrophy. HR 1272. Congratulating Jim Threadgill on his retirement from the Parker City Council in May 2011. HR 1273. Commemorating the 69th anniversary of Harper's Chapel Baptist Church in San Antonio. HR 1276. Congratulating members of the Greenbuilders Club at University Middle School in Waco on placing second in the School of the Future Design Competition regional jury event in Houston. HR 1277. Congratulating Ashley Durham of Whitney on being named to the honor roll at Oklahoma State University. HR 1279. Honoring the students of Castleman Creek Elementary in Hewitt for raising more than $10,500 for the American Heart Association with their Jump Rope for Heart event. HR 1282. Congratulating Bill and Mary Felkner of Robinson on their 50th wedding anniversary. HR 1288. Congratulating Kaleb Nehring and Keeli Nehring on winning Division Reserve Champion Junior Bull at the 2011 Fort Worth Stock Show and Rodeo. HR 1289. Congratulating Christina Swanson of the Waco Convention and Visitors Bureau on passing the Certified Meeting Professional exam. HR 1290. Congratulating the baseball team of Midway High School in Waco on winning the 2011 Frisco Tournament of Champions. HR 1293. Congratulating Robinson FFA members Matt Davis and Colton Moorhouse on winning blue ribbons at the San Angelo Stock Show & Rodeo's agricultural mechanics contest. HR 1295. Congratulating Kendall Newman of Robinson High School for performing with the 2011 All-State Concert Band. HR 1298. Congratulating Private Landus Hutyra of West on completing U.S. Army military police training. HR 1299. Congratulating Rachel Nicoletti of Lorena on her induction into the National Society of High School Scholars. HR 1307. Congratulating Jon and Ila Jean Carothers of Crawford on their 50th wedding anniversary. HR 1308. Congratulating the West High School Trojan Band on winning its third consecutive Sweepstakes Award.

THE CHAIR: Members, the question is on the adoption of the congratulatory resolutions as read by the clerk. Is there objection? Chair hears none. The resolutions are adopted. The following memorial resolutions have been previously adopted: HR946. Members, we're about to go on the memorial calendar. Will you please take your seats? If you have conversations, would you please take your conversations outside the rail? The following memorial resolutions will be read by the clerk:

THE CLERK: HCR 116, by John Davis of Harris. In memory of the Reverend Clinton Roderick Dobson of Arlington. HCR 103, by Aliseda In memory of U.S. Marine Corps Sergeant Jose Luis Saenz III of Pleasanton. HCR 131, by Davis, John. In memory of Howard Victor Reed of Austin. HR 926, by Gonzales, Larry. In memory of Mayor David Begier of Hutto. HR 946, by Howard, Charlie. In memory of Nicolis "Nico" Terrel Williams of Sugar Land. HR 1035, by Bonnen. In memory of Dr. Leo Windecker of Cedar Park. HR 1098, by Lavender. In memory of Bob G. Ingram of Texarkana. HR 1252, by Hunter. In memory of U.S. Marine Corps Lance Corporal Jose Luis Maldonado of Mathis. HR 1255, by Bonnen. In memory of George Sam Saphos of Baytown. HR 1264, by Gallego. In memory of Benjamin N. Matta of Pecos. HR 1267, by Alonzo. Paying tribute to the life of Selena Quintanilla Perez on April 16, 2011, the 40th anniversary of her birth. HR 1274, by Perry. In memory of Jake Shea Jenkins of Lubbock. HR 1275, by Anderson, Charles "Doc". In memory of Brian Keith Brown of Waco. HR 1278, by Anderson, Charles "Doc". In memory of Daryl Lee Farmer of Waco. HR 1280, by Anderson, Charles "Doc". In memory of Anna D. Velin of Axtell. HR 1281, by Anderson, Charles "Doc". In memory of Andrew "Chito" Garcia of Waco. HR 1283, by Anderson, Charles "Doc". In memory of Randall Turnmire of China Spring. HR 1284, by Anderson, Charles "Doc". In memory of James Douglas Ivy of Waco. HR 1285, by Anderson, Charles "Doc". In memory of Barrett Neill Minor of Lorena. HR 1286, by Anderson, Charles "Doc". In memory of Betty Marie Norsworthy of Waco. HR 1287, by Anderson, Charles "Doc". In memory of William J. Bartosh of West. HR 1291, by Anderson, Charles "Doc". In memory of Owen Defoor of Crawford. HR 1292, by Anderson, Charles "Doc". In memory of Calistro Ramos of Waco. HR 1294, by Anderson, Charles "Doc". In memory of Madge C. Bratton of Hewitt. HR 1296, by Anderson, Charles "Doc". In memory of Elizabeth Jones Genovese of Woodway. HR 1297, by Anderson, Charles "Doc". In memory of George Clyde Coppage, Jr., of Hewitt. HR 1300, by Anderson, Charles "Doc". In memory of James Carlton Timmons. HR 1301, by Anderson, Charles "Doc". In memory of Bobby Chastain of Woodway. HR 1302, by Anderson, Charles "Doc". In memory of Lucy E. Guerra of Waco. HR 1303, by Anderson, Charles "Doc". In memory of Judy Marie Hitt of Waco. HR 1305, by Anderson, Charles "Doc". In memory of Kenneth Schroeder of Elm Mott. HR 1306, by Anderson, Charles "Doc". In memory of Katherine Young Arrington of Waco.

THE CHAIR: Members, the question is on the adoption of the memorial resolutions read by the clerk. All those in favor please rise. The memorial resolutions are unanimously adopted. Representative Sheets requests that all members' names be added to the resolutions HB-R1, HB103 and HB1252. Is there objection? Chair hears none. So ordered. That completes our Congratulatory and Memorial calendar, members. Thank you for your cooperation. Representative Simpson, for what purpose?

REPRESENTATIVE DAVID SIMPSON: Parliamenta ry inquiry.

THE CHAIR: Please state your inquiry.

REPRESENTATIVE DAVID SIMPSON: The first one, I have several: Are we going to celebrate San Jacinto Day two times today?

THE CHAIR: We are going celebrate San Jacinto Day as many times as we need to.

REPRESENTATIVE DAVID SIMPSON: Happy San Jacinto Day. Thank you. I knew -- I thought the war can only change time, but I'm learning things here as a freshman. We could not only change time but we can go back in time. I do have another parliamentary inquiry.

THE CHAIR: State your inquiry, Mr. Simpson.

REPRESENTATIVE DAVID SIMPSON: When a fiscal note indicates that there is an impact of zero dollars through the biennium, but shows in all funds five-year impact, there is a self-leveling amount of gain and loss from the general revenue fund, and there is an increase in the number of state employees; would it be the Chair's understanding that the fiscal note authorizes or requires expenditure of state funds?

THE CHAIR: Mr. Simpson, Rule 6, Section 23, Subsection C places a series of restrictions on bills and resolutions that may be placed on the local consent and resolutions calendar. The clerk will read this section in the rules. Clerk will read the section.

THE CLERK: Subsection C. No bill or resolution shall be placed on the local consent and resolution calendar that 1, directly or indirectly prevents from being available for the purposes of funding state governments generally, any money that under existing law would otherwise be available for that purpose, including the bill that transfers diverse money into the state treasury from the general revenue fund or another fund. 2, Authorizes or requires the expenditure or diversion of state funds for any purpose, as determined by a fiscal note attached to the bill.

REPRESENTATIVE DAVID SIMPSON: So, is that answer yes or no?

THE CHAIR: The answer is the Chair does not answer hypothetical questions. Would have to compare the fiscal note with the text of the rule in making a determination. The Chair is happy to review any information that you have regarding a fiscal note in compliance with the rule.

REPRESENTATIVE DAVID SIMPSON: Well, on the first bill that we're going to take up today, to my knowledge, we can look at that and there it -- which is 1451 and states that there's zero fiscal impact and yet, for the first five years, there's a generation of income for the general revenue and expenditures of the general revenue, and there's an increase of 14 and a half FTE's. So, is this authorizing or requiring an expenditure of state funds?

THE CHAIR: Mr. Simpson, we will have to review the fiscal note. If you'd like us to review that fiscal note, if you'd bring it down further, we'd be glad to look at it.

THE CHAIR: Members, we're going to do some resolutions; and then we will move to the local calendar. Members, the House will come to order. We're now going to celebrate San Jacinto Day. We have two resolutions and we have some members that have direct involvement through their district and through other historical connections. At this time the Chair recognizes Representative Price.

REPRESENTATIVE WALTER PRICE: Members, I move to suspend all necessary rules, take up and consider HR 1363 and 1462.

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

THE CLERK: HR 1363 by Price. Commemorating San Jacinto Day. HR 1462 by Branch. Commemorating the 175th anniversary of the Battle of San Jacinto.

THE CHAIR: Chair recognizes Representative Price.

REPRESENTATIVE WALTER PRICE: Thank you, Mr. Speaker. Members, today we celebrate San Jacinto Day, a great day in our state's history. In a battle that lasted approximately eighteen minutes, General Houston and the Texans were victorious. Six hundred and thirty Mexican soldiers were killed and seven hundred and thirty were taken prisoner, while only nine Texans were killed. General Houston's forces were far outnumbered at the start of the battle. Independence from Old Mexico ultimately led to the annexation by the U.S. of Texas and parts of New Mexico, Arizona, Nevada, California, Utah, Colorado Wyoming, Kansas and Oklahoma. Almost one-third of the present area of the American nation, nearly a million square miles of territory changed soverignty. The inscription on the base of the Sand Jacinto monument is especially telling. Measured by its results, San Jacinto was one of the decisive battles of the world. This battle was one of the most important moments in our history. On this day, 175 years ago, we commemorate the great battle, as well as the courage and determination that are so much a part of Texas' character. Actions of Sam Houston's army across that grassy battlefield in April of 1836 set in motion a series of events that have made Texas the prosperous land that it is today. I join many others here today in celebration of this momentous day.

THE CHAIR: Chair recognizes Representative Smith.

REPRESENTATIVE TODD SMITH: Members, I will tell you a little bit about a current story. Last year, at San Jacinto Day, Representative Branch was in the district and we were celebrating at the monument with the events that take place that we're missing today at the monument, each and every year to celebrate San Jacinto Day. But last year was a particular treat, because General Sam Houston's great grandfather was there, and on behalf of -- great grandson was there, and on behalf -- on behalf of the governor, Representative Branch and I named him General of the Texas Army. So we were proud to do that. And I thank General Sam Houston's great grandson for carrying on the traditions of his great grandfather. Thank you.

THE CHAIR: Chair recognizes Representative Legler and --

REPRESENTATIVE KEN LEGLER: Thank you, Mr. Speaker, members, gallery guests; it is on honor and a privilege today for myself and for Wayne and the rest of all the Texans here today. In our district, my district and Wayne's district, we actually split the park down the middle; not quite down the middle, but we do split the park. And one side was the encampment of General Santa Ana and the other side was General Sam Houston. And so we have a special privilege and a special honor being here representing that. And I also have a special honor and a special privilege, I have a relation in my office who actually was -- his great great great grandfather was at the battle of San Jacinto. And I hope Ana -- I don't see Ana Hernandez Luna here, but her district is actually -- the City of Pasadena were at the bridge where General Santa Ana was captured and was brought back to General Sam Houston, so we could have our great Capitol and our freedom we have today. Thank you, Mr. Speaker and members.

THE CHAIR: Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: Thank you, Mr. Speaker. Members, it's a great privilege to talk about San Jacinto Day today. My three great grandfather, Frank Harden, served in the Texas Volunteers as a lieutenant, first at the Battle of Bexar in 1835, and then 175 years ago today Frank Harden and five hundred Texans served under that banner, right there behind the speaker's desk. That is the banner is that we fought under for freedom and liberty for Texas. This is a great day and I hope you'll join us in helping celebrating San Jacinto Day.

THE CHAIR: Chair recognizes Representative Simpson.

REPRESENTATIVE DAVID SIMPSON: Thank you, Mr. Speaker. Members, my relationship with Sam Houston is merely love and respect. He did, with others, win, in the Providence of God, a great victory 175 years ago today, which we will get to celebrate twice. But one of his greatest acts was when the state voted to secede from the union, and he chose to stick with his principles and resign as governor, and to do what he thought was right; and that would save this state from much turmoil. He is a great man. He had great principles. And even though he had some waywardness, he was known to walk around Houston two weeks drunk at a time, he was later converted in -- through his wife, and made many reforms, by the Grace of God. It is a great privilege each day, as we come here in this House and we say our Pledge of Allegiance to the Texas flag, to look right next (to it and to see his stately figure there next to our Lone Star flag. May we honor him not only in our words, but in our actions.

THE CHAIR: Members, any other member wishing to speak? If I could, I'll mention that Four Price was asking. I had a distant relative that not only served in the battle, but ultimately came to this chamber and was briefly speaker for ten days. It was a scary week and a half, Ms. Riddle. Chair recognizes Representative Price.

REPRESENTATIVE WALTER PRICE: Thank you, Mr. Speaker. I move passage.

THE CHAIR: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Representative Simpson, Representative Taylor, Representative Smith and Representative Legler move to add all members' names. Any objection? Chair hears none. So ordered. Members, at this time, in honor of the independence, this 175th anniversary of the independence of Texas and the 18-minute battle; if we could have all members rise in an 18-second moment of silence? Thank you, members. God save the great State of Texas. Chair recognizes Representative Riddle for an introduction.

REPRESENTATIVE DEBBIE RIDDLE: Thank you very much, Mr. Speaker. Members, we have some fine young guests here in our gallery today. They are from Teen Pack. Teen Pack is a dynamic, hands on, Christian leadership school for students from all over Texas. The mission is to train youth to understand the political process, value their liberty, defend their faith and engage in the culture. In that group there, the children of my legislative director are here. Matthew Riling and Morgan Riling. Go ahead and stand up, kids. And would the rest of you from Teen Pack stand up? And welcome to your House. Members, welcome them to their House. Thank you.

THE CHAIR: Chair recognizes Mr. Orr.

REPRESENTATIVE ROB ORR: Mr. Speaker and members, Representative Zedler and I are very honored today to bring to you an international flavor to our Capitol. The Burleson Rotary Club is hosting a delegation of Ukrainian visitors to the Rotary International Open Word Program to learn about our city, our county and our state governments. They spent this week visiting our city and our county governments, and they're here today with us. They will spend the day learning about state budgets, economic developments, role of the media, election ethics and consistent relations. And I'd like to turn it over to Representative Zedler to say a few words about this group.

REPRESENTATIVE BILL ZEDLER: Mr. Speaker, members, Ukraine is the -- a beautiful country, it is the bread basket of Europe. It has both mountains and plains, and the capital is Kiev. And so we're here to welcome them, and Rob is going to announce their names. I'm just going to say. Doebrayden. Doebrayden.

REPRESENTATIVE ROB ORR: Mr. Speaker, I'd like to -- we have a couple guests up in the gallery that are with the Burleson Rotary Club. It's Jerry Allen and Bob Weaver, would you please stand up where we could recognize you? Thank you for being part of this great program. And then, on the dais, we have -- and I may mispronounce these names, but it's (phonetic spellings) Leubolt Pocovitz, Katerina Lesca, Victor McKolovitz, it's Nadia Kromotash, Kiana Sobolick, Andre

(inaudible). And they have an interpreter, Serge Valador. So please welcome then to the Texas Capitol here today.

THE CHAIR: Chair moves to take up and consider the following resolution: Clerk will read the resolution.

THE CLERK: HR 1309 by Orr. WHEREAS, Members of the Burleson Rotary Club and delegates with the Open World Program from Ukraine are visiting the Texas State Capitol on April 21, 2011; and WHEREAS, Established by Congress in 1999, the Open World Program aims to enhance capabilities for cooperation between the United States and the countries of Eurasia and the Baltic States by developing a network of leaders in that region who have gained significant, firsthand exposure to America's democratic accountable government and free-market system and by providing American hosts with the opportunity to learn about the countries from those leaders; and WHEREAS, Rotary Clubs across the nation have hosted more than 2,500 Open World participants through the years, sponsoring projects that are designed to have relevance to the professional or Civic work of the individuals involved; the delegates here today include a director of a charitable organization, the deput director of an advocacy organization, two city planners, a journalist, and a student, all who work with governmental agencies and elected officials in Ukraine, and the visit to Austin offers them the chance to observe and experience Texas state government in action; and WHEREAS, In addition to its sponsorship of this worthwhile Initiative, the Burleson Rotary Club annually awards more than $12,000 in scholarships to deserving students, donates dictionaries to more than 600 local third graders, and supports such important programs as Meals-on-Wheels, Burleson Pregnancy Aid Center, Harvest House, and Heart for the Kids; and WHEREAS, The Burleson Rotary Club and the Open World Program are helping to develop more informed and involved citizens while strengthening the bonds that unite our nations, and the men and women who contribute to this effort are to be commended; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby welcome members of the Burleson Rotary Club and distinguished honored guests from the Open World Delegation from Ukraine to the Texas State Capitol and extend to all those in attendance best wishes for an informative and memorable day in Austin; and, be it further RESOLVED, That official copies of this resolution be prepared for the visitors as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Mr. Orr.

REPRESENTATIVE ROB ORR: Move adoption.

THE CHAIR: Members -- Members, you've heard the motion. Is there any objection? Hearing none. The motion is adopted. Chair recognizes Representative Zedler.

REPRESENTATIVE BILL ZEDLER: Mr. Speaker move that all names be added.

THE CHAIR: Mr. Zedler moves that all members' names be added. Is there objection? So ordered. The Chair recognizes Representative Craddick.

REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, I move to suspend and prick up HCR 137. This is making this Parkinsons' Awareness Month.

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

THE CLERK: HCR 137 by Craddick. Recognizing April 20th, 2011 as Parkinson's Awareness Month.

THE CHAIR: Chair recognizes Representative Craddick.

REPRESENTATIVE TOM CRADDICK: Members, I move adoption.

THE CHAIR: Members, the question occurs on passage of HCR 137. Is there objection? Chair hears none. So ordered. Members, we're about to go on local and consent calendars. Please be ready to come up front when it's your turn. The Chair recognizes Representative Taylor for an announcement.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam Speaker. I request permission for the Committee on Elections to meet while the House is in session at 11:00 a.m. today, at 1W14 in the Ag Museum downstairs, to consider pending business on this April 21st of 2011.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The following announcement. The clerk will read the announcement.

THE CLERK: The Committee on Elections will meet at 11:00 a.m. on April 21st, 2011, at 1W.14. This will be a formal meeting to consider pending business. The Chair recognizes Representative Hochberg for a motion.

REPRESENTATIVE SCOTT HOCHBERG: Thank you, Madam Speaker and members, I request permission for the Committee on Public Education to meet while the House is in session at 10:45 a.m. today, April 21st, 2011, in 3W.9. This will be a formal meeting to consider pending business.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The following announcement the clerk will read the announcement.

THE CLERK: The Committee on Public Education will meet at 10:45 a.m. on April 21, 2011, at 3W.9. This will be a formal meeting to consider pending business.

THE CHAIR: The Chair recognizes Representative Isaac for a motion.

REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. I move to suspend all necessary rules and take up and consider Memorial Resolution HR 931.

THE CHAIR: Members, you've heard the motion -- Members, you've heard the motion. Is there objection? The Chair hears none. So ordered. The clerk will read the resolution.

THE CLERK: HR 931 by Isaac. In memory of Guillermo Hernandez, Sr. of San Marcos.

THE CHAIR: Chair recognizes Representative Isaac.

REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. Members, Guillermo Willie Hernandez served our country in World War II and was active in the San Marco community. That passion of service is continued with his family, who have contributed and served over 50 businesses and community organizations here in the State of Texas. His family is here with us today in the gallery. I want to read some of their names. They're over in the east gallery. I really appreciate them.

THE CHAIR: Members, this is a memorial resolution. Members, this is memorial resolution. Please give your attention to Mr. Isaac.

REPRESENTATIVE JASON ISAAC: Thank you. Again, several of his family members are joining us today in memory of Willy Hernandez. Mary Escobedo, Santiago Escobedo, Guillermo Hernandez, Jr., George Hernandez, George Hernandez, Jr., Mario Hernandez, Peter Hernandez, David Hernandez, Emilio Hernandez, Rose Lopez, Reuben Lopez, Kevin Lopez, Ray Charles Hernandez, Belinda Hernandez, Maya Hernandez, Joaquin Hernandez. Would you please join me in welcoming them and thanking them for their service, and for the service of their father? Madam Speaker, I move that the House adjourn today in memory of Guillermo Willie Hernandez. Move passage.

THE CHAIR: Members, this is a memorial resolution. All in favor, please rise. The resolution is adopted. Mr. Simpson, please come forward. Members, Representative Simpson asked a parliamentary inquiry on Rule 6, Section 24. Excuse me, Section 23. The Chair has reviewed the fiscal notes for the three -- three bills that Mr. Simpson questioned. In the review of the fiscal notes, the two-year net impact to general revenue funds is zero. It is the Chair's interpretation, Rule 6, Section 23C, that these bills do not authorize or require the expenditure or diversion of state funds for any purpose, as determined by the fiscal note. And, therefore, they should be in order for consideration. The Chair will read into the record the fiscal note sections that Mr. Simpson raised. The clerk will read the fiscal notes.

THE CLERK: HB 1451 by Thompson. Relating to the licensing and regulation of certain dog and cat breeders providing penalties. Committee report first (inaudible) submitted. Estimated two year net impact to general revenue related funds for HB 1451. Committee report first House submitted an impact of zero dollars to the biennium ending August 31st, 2013. The bill would make no appropriations, but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General revenue related funds, five-year impact. 2012, zero dollars. 2013, zero dollars. 2014, zero dollars. 2015, zero dollars. 2016, zero dollars. HB 1146 by Kuempel. Relating to the registration and regulation of appraisal management companies and the composition of the Texas Appraiser Licensing and Certification Board, providing penalties. Committee report, first house submitted. Estimated two-year net impact to general revenue related funds for HB 1146. Committee report, first House submitted. An impact of zero dollars for the biennium ending August 31st, 2013. The bill would make no appropriations, but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General revenue related funds, five-year impact. 2012, zero dollars. 2013, zero dollars. 2014, zero dollars. 2015, zero dollars. 2016, zero dollars. HB 153 by Hamilton. Relating to the licensing and regulation of certain employees of fire protection sprinkler system contractors, providing a penalty. Committee report, first house submitted. Estimated two-year net impact to general revenue related funds for HB 1853. Committee report, first house submitted, an impact of zero dollars through the biennium ending August 31st, 2013. The bill would make no appropriations, but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General revenue related funds, five-year impact. 2012, zero dollars. 2013, zero dollars. 2014, zero dollars. 2015, zero dollars. 2016, zero dollars.

THE CHAIR: Mr. Simpson, for what purpose?

REPRESENTATIVE DAVID SIMPSON: Parliamenta ry inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE DAVID SIMPSON: So would it be the Chair's understanding that the money spent from the general revenue to pay state employees would not be state funds?

THE CHAIR: The Chair believes the fiscal impact statement read by the clerk indicates that these bills do not require, nor convert, state funds for any purpose.

REPRESENTATIVE DAVID SIMPSON: Is that yes or no? Is it true that --

THE CHAIR: It is what it is.

REPRESENTATIVE DAVID SIMPSON: Parliamenta ry inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE DAVID SIMPSON: Is it the Chair's understanding that the fiscal note contemplating generating and spending funds does not authorize or require the expenditure of state funds?

THE CHAIR: It's the Chair's understanding, under Rule 6, Section 23, that a fiscal note with a zero impact complies with the rule.

REPRESENTATIVE DAVID SIMPSON: Parliamenta ry inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE DAVID SIMPSON: Then would it be the Chair's ruling that only a bill that makes an actual appropriation would qualify as the type of bill contemplated in House Rule 6, Section 23 C2?

THE CHAIR: The Chair will deal with each fiscal note as it comes up.

REPRESENTATIVE DAVID SIMPSON: Thank you.

THE CHAIR: Members, Representative Thompson has asked to make a personal privilege speech at this time. Please take your seats. The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, we know those of us who have been here for a while, a personal privy speech is very rare. I think this is probably the third or fourth one that I have ever given since I've been a member of this body. I don't mind being attacked personally, I don't mind my legislation that I'm carrying being attacked. But the integrity of my members of the local and consent calendar has been impugned. I want to just tell you something about the people that the speaker saw fit to appoint. I have a vice chair, workaholic, but who assists me and the rest of us on that committee to be sure that the bills meet the criteria of the rules of the House, Rule 7 -- 6 Section 75, Rule 6, Section 23. You may have remembered that at the commencement of the section when King Solomons was talking about the rules, and some of you had the opportunity to go and listen to the discussion of the rules and we adopted those rules back in January to govern this body. And those of us who have been here, and the new members as well, have agreed to follow those rules. I've inherited about a couple of new members on this committee, Connie Scott, Representative Larson. They picked up their rule book, they come to the committee and they work like Trojans, and they work to be sure that we go do the right thing. We don't set the bills on the committee according to Democrats or Republicans, we set bill according to Rule 6, Section 7, Subsection 5. Rule 6, Section 23. And let me just say this: We have had bills on this committee, sunset bill, and I have a bill now and my vice chair is kind enough to be wading through that 440 page bill, that we're going to set on the local and consent calendar, because it falls within the (inaudible) of this rule. Every bill on the calendar today, and before now, has met the criteria, the matrix that has been established by the rules of this House. We do not set bills with fiscal notes. We rely upon the LLB, a body that we employ to give us adequate information so that we would be able to rely on information, to be guided by it to set these bills. Anybody has a right to object to a bill on this calendar. And, you know, if this bill doesn't make it today, you know I'll be back. Because of those, you know, who I pay when paid alimony, it took 16 years but I got it done. But the key thing is the integrity of this House and how this body is viewed by our constituents and by the people of this state. We come here to make policies, to pass bills, to do things to enhance our state, and we come here to work hard. Every member on the local and consent calendar works out here to be sure that you're up at the mike and your bill is being heard. But they work twice and sometimes three times harder to be sure that your will set, and that your bill meets the matrix of the calendar. And I applaud the committee that works so hard to make sure that this happens. I want this body to know how much I appreciate the institution that I serve in, and I want to make sure that we preserve this institution so that it can be passed along to generations to come. When I walked in this morning, people began to say are you afraid? Are you scared? And just let me tell you this, that the Lord is my light, and he's my salvation, whom shall I fear? The Lord is the strength of my life and whom shall I be afraid? And as long as man walks on two feet on this earth, I never have a fear of him.

THE CHAIR: Representative Davis moves to place the remarks -- Representative Thompson moves to have it reduced to writing and placed in the journal. Is there objection? So ordered. Chair recognizes Representative Martinez for a recognition.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you, Madam Speaker. Members, today is a wonderful day for some friends of mine that are visiting. And I'd like to recognize them in the gallery over here on the north side of the gallery. (Phonetic spellings) Jasmine Gepner, Charles Ho, Chad Elsen, Frank Fuentes, from China and from New York City, thank you very much for visiting our Texas Capitol and for coming out here. Members, let's welcome these fine, fine members.

THE CHAIR: Members, the Chair lays out on second reading House Bill 1471 and calls on -- recognizes Representative Thomas to explain the bill. Representative King is to be recognized to lay out Representative Thompson's bill.

REPRESENTATIVE SUSAN KING: Thank you Representatives, members. Thank you, Madam Chair. I originally, a couple of a years ago, when we first started looking at this bill, it was one that I was a little nervous about. And some of you might know I kind of always worry about things, maybe going a little too far and, you know, I thought this might be one that could drift too far, and I was hearing from our friends in the Ag communities, and my hunting friends and others. But I had a number of people contact me about this bill over the year, and I really tried to drill into it. And I'm very, very comfortable that this bill that some have affectionately named the Puppy Mill Bill, that it has appropriate restraint to make sure that it isn't ever perceived to go beyond the intent of the author, which is simply to very narrowly regulate, a very narrow function. I'm comfortable that it's not going to impact our Ag community, I'm comfortable that it's not going to impact our friends who raise hunting dogs and breed hunting dogs. So I requested Chairman Thompson if she would allow me to have the honor of laying out this bill this morning, and Mr. Speaker -- Madam Speaker, with that I would move passage.

THE CHAIR: Is there objection? To consideration of House Bill 1451?

REPRESENTATIVE JODIE LAUBENBERG: Madam Speaker? Madam Speaker?

THE CHAIR: Ms. Laubenberg, for what purpose?

REPRESENTATIVE JODIE LAUBENBERG: Will the gentleman yield?

THE CHAIR: Do you yield?

REPRESENTATIVE SUSAN KING: Certainly.

REPRESENTATIVE JODIE LAUBENBERG: Okay, could I ask a couple of questions?

REPRESENTATIVE SUSAN KING: Absolutely.

THE CHAIR: The gentleman has two minutes.

REPRESENTATIVE JODIE LAUBENBERG: Two minutes? Can you tell me when a it's one-minute and 59 seconds? Okay. I was going to ask for Ms. Thompson but --

REPRESENTATIVE SUSAN KING: Well, let me yield the floor to Ms. Thompson. She will know more about the specifics of the bill.

REPRESENTATIVE JODIE LAUBENBERG: Okay, Madam Chair?

THE CHAIR: For what purpose?

REPRESENTATIVE JODIE LAUBENBERG: To ask a couple of questions.

THE CHAIR: Ms. Thompson, do you yield for questions?

REPRESENTATIVE SENFRONIA THOMPSON: I yield.

REPRESENTATIVE JODIE LAUBENBERG: Madam Chair, I appreciate your bill and I just want to ask you about a couple of the -- about some of the problems that puppy mill breeding operations have. Do these puppies have health problems because of the way they are bred?

REPRESENTATIVE SENFRONIA THOMPSON: They do.

REPRESENTATIVE JODIE LAUBENBERG: And I am told that, in addition to some of the various -- very severe health risks, that some of the these puppies have behavioral problems. Do you know anything about that?

REPRESENTATIVE SENFRONIA THOMPSON: They do. As a matter of fact, I think in Representative Simpson's district, about two weeks ago, they had to close down a puppy mill. It was a 140 puppies and most of them had to be put to death because they had such deteriorated health.

REPRESENTATIVE JODIE LAUBENBERG: What exactly is a puppy mill?

REPRESENTATIVE SENFRONIA THOMPSON: A puppy mill is mill where they raise animals. They do not give them sufficient food, water, nor exercise. They breed them continuously without giving them periods of rest between gestation times, and they sell these animals to the public for, well, a pretty good sum of money.

THE CHAIR: Is there objection to consideration of House Bill 1451? Chair hears none. So ordered. Chair lays out House Bill 1451. Clerk will read the bill.

THE CLERK: HB 1451 by Thompson. Relating to the licensing and regulation of commercial dog and cat breeders; providing penalties.

THE CHAIR: The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, members, I move passage.

THE CHAIR: Is there objection to consideration of House Bill 1451?

REPRESENTATIVE DAVID SIMPSON: Yes, I object.

THE CHAIR: Do you intend to speak for ten minutes?

REPRESENTATIVE DAVID SIMPSON: Yes, ma'am. I intend to speak for ten minutes or more.

THE CHAIR: With that, House Bill 1451 is removed from the calendar.

REPRESENTATIVE DAVID SIMPSON: Madam Speaker?

THE CHAIR: For what purpose?

REPRESENTATIVE DAVID SIMPSON: I'd like the rest of the fiscal note on the three bills to be read into the record, that highlights the -- the funds that are generated and spent on these three bills that we mentioned earlier. I'd like that all of that to be included in the record.

THE CHAIR: The entire three bills will be entered into the record, including the the bill analysis and the fiscal note.

REPRESENTATIVE DAVID SIMPSON: Thank you.

THE CHAIR: The Chair lays out House Bill 34 and recognizes Representative Branch to explain the bill. Representative Branch? Going once, going twice. The Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: I apologize for the slow reaction following the drama. House Bill 34, this relates to financial education in higher education, relating to how to get -- pay for college. Move passage.

THE CHAIR: Is there objection to consideration of House Bill 34? Chair hears none. So ordered. The Chair lays out House Bill 31. Excuse me, House Bill 34. The clerk will read the bill.

THE CLERK: HB 34 by Branch. Relating to including in the public high school curriculum instruction in methods of paying for postsecondary education and training.

THE CHAIR: The Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: So moved.

THE CHAIR: The question occurs on House Bill 31. Excuse me, on the third reading. Is there objection? Chair hears none. So ordered. The Chair lays out -- the Chair recognizes Representative Raymond to explain House Bill 157.

REPRESENTATIVE RICHARD RAYMOND: Thank you, Madam Speaker, members. HB 157 simply allows candidates running for the State House --

THE CHAIR: Is there objection to consideration of House Bill 157? Chair hears none. So ordered. The Chair lays out House Bill 157. The clerk will read the bill.

THE CLERK: HB 157 by Raymond. Relating to the filing of an application for a place on the general primary election ballot.

THE CHAIR: Chair recognizes Representative Raymond.

REPRESENTATIVE RICHARD RAYMOND: Move passage.

THE CHAIR: The question occurs on passage of House Bill 157 to the third reading. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Parker to lay out House Bill 240.

REPRESENTATIVE TAN PARKER: Thank you, Madam Speaker. Members, House Bill 240 will simply put forth an industry guideline and (inaudible) --

THE CHAIR: Is there objection to consideration of House Bill 240? Chair hears none and lays out House Bill 240. The clerk will read the bill.

THE CLERK: HB 240 by Parker. Relating to requiring the Texas Commission on Enviromental Quality to adopt rules preventing accidental or unintentional access to an on-site sewage disposal.

THE CHAIR: Mr. Keffer, for what purpose?

REPRESENTATIVE JAMES KEFFER: Madam Speaker, parliamentary inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE JAMES KEFFER: Madam Speaker, in just witnessing this unfortunate incident that just occurred impugning the character of the Local and Consent Committee and its chairman, I'm just wondering as we go forward on this local and consent calendar, or looking at the general calendar for today, I'm just wondering is there a way that the bill in question can be put on the general calendar today, so that Ms. Thompson can get this important piece of legislation moving forward; and what that would take.

THE CHAIR: Mr. Keffer, you're welcome to visit with the parliamentarian to see if that is possible.

REPRESENTATIVE JAMES KEFFER: I'd like to have know what the procedures are to get this bill moving forward.

THE CHAIR: The House Rules allow a wide variety of options. The House Rules allow for a wide variety of options, and we are happy to discuss any of them with you. Chair recognizes Mr. Parker. The question occurs on passage to third reading of House Bill 240. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Hildebrand to explain House Bill 260. Mr. Hildebrand? Mr. Hildebrand.

UNIDENTIFIED SPEAKER: Mr. Hildebrand lays out his bill and moves passage.

REPRESENTATIVE HARVEY HILDERBRAN: Thank you.

THE CHAIR: Is there objection to consideration of House Bill 260? Chair hears none. So ordered. The Chair lays out House Bill 260. Clerk will read the bill.

THE CLERK: HB 260 by Hildebrand. Relating to the prosecution and punishment of unlawful transport of a person. Move passage.

THE CHAIR: The question occurs on passage of House Bill 260 to third reading. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Menendez to explain House Bill 384.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker and members. House Bill 384 establishes the fines -- (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 384? Chair hears none and lays out House Bill 384. The clerk will read the bill.

THE CLERK: HB 384 by Menendez. Relating to the proper identification of outboard motors, creating an offense.

THE CHAIR: The Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Move passage.

THE CHAIR: Is there objection to consideration of passage to third reading of House Bill 384? Chair hears none. So ordered. The Chair recognizes Representative Menendez to explain House Bill 385.

REPRESENTATIVE JOSE MENENDEZ: Thank you Mr. Speaker and members. House Bill 385 will enhance penalties for --

THE CHAIR: Is there objection to House consideration of House Bill 385? The Chair hears none and lays out House Bill 385. The clerk will read the bill.

THE CLERK: HB 385 by Menendez. Relating to the punishment for theft and certain fraud offenses committed against a disabled individual.

REPRESENTATIVE JOSE MENENDEZ: Move passage.

THE CHAIR: The question occurs on passage of House Bill 385 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognize Representative Thompson to explain House Bill 438.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this is a health benefit plan for oral cancer medication.

THE CHAIR: Is there objection to consideration of House Bill 438? Chair hears none and lays out House Bill 438. The clerk will read the bill.

THE CLERK: HB 438 by Thompson. Relating to health benefit plan coverage for orally administered anticancer medications.

THE CHAIR: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 438. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Sheffield to explain House Bill 559.

REPRESENTATIVE RALPH SHEFFIELD: There is an amendment to House Bill 559. It's acceptable to the author.

THE CHAIR: Clerk will read the amendment. Is there objection? Chair hears none. Clerk will read the amendment.

THE CLERK: HB 559 by Sheffield. Relating to Bronze Star Medal specialty license plates.

THE CHAIR: The following amendment clerk -- The following amendment, clerk will read the amendment.

THE CLERK: Amendment by Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: The amendment removes Section 1 original bill and allows the recipients of plates to --

THE CHAIR: Is there objection to consideration of the amendment?

REPRESENTATIVE RALPH SHEFFIELD: Move passage.

THE CHAIR: The question occurs on passage of the amendment to House Bill 559. Is there objection? Chair hears none. So ordered.

REPRESENTATIVE RALPH SHEFFIELD: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 559. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Gallego to explain House Bill 649.

REPRESENTATIVE PETE GALLEGO: Thank you, very much. (Inaudible).

THE CHAIR: Representative Gallego, could you speak a little slower and clearer, please?

REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. House Bill 645 (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 649? The Chair hears none and lays out House Bill 649. The clerk will read the bill.

THE CLERK: HB 649 by Gallego. Relating to the issuance and duration of certain protective orders for victims of sexual assault.

THE CHAIR: Is there objection to consideration of House Bill 649? Oops, I already did that. The Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: I move passage.

THE CHAIR: The question occurs on passage of House Bill 649 to third reading. Is there objection? Chair hears none. So ordered. Chair lays out House Bill 772 and calls on Representative Riddle to lay out the bill, I mean to explain the bill.

REPRESENTATIVE DEBBIE RIDDLE: House Bill 772 corrects drafting errors left over from --

THE CHAIR: Is there objection to consideration of House Bill 772? Chair hears none and lays out House Bill 772. The clerk will read the bill.

THE CLERK: HB 772 by Riddle. Relating to the applicability of certain laws to certain sex offenders.

THE CHAIR: Chair recognizes Representative Riddle.

REPRESENTATIVE DEBBIE RIDDLE: Move passage.

THE CHAIR: The question occurs on passage of House Bill 772 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Kuempel to explain House Bill 787.

REPRESENTATIVE JOHN KUEMPEL: Madam Speaker, members, House Bill 787 adds aircraft to the abandoned motor vehicle statute and allows Parks and Wildlife to handle the --

THE CHAIR: Is there objection to consideration of --

REPRESENTATIVE JOHN KUEMPEL: I have an amendment.

THE CHAIR: There is an amendment --

REPRESENTATIVE JOHN KUEMPEL: The amendment's acceptable to the author.

THE CLERK: HB 787 by Kuempel. Relating to abandoned, wrecked, dismantled discarded and inoperable aircraft and water craft.

THE CHAIR: Following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Kuempel.

REPRESENTATIVE JOHN KUEMPEL: Members, the amendment clarifies the water bill so properly registered under federal law and it doesn't have a Texas certificate, will not become junked on that basis. Move passage.

THE CHAIR: Is there objection to consideration of House Bill 787 as amended? Chair hears none. So ordered. The question occurs on passage of HB 787 to third reading. Is there objection? Chair hears none. So ordered. The chair calls on Representative Smith to explain House Bill 938.

REPRESENTATIVE TODD SMITH: Mr. Speaker, members-- or Madam Speaker, members. This bill

(inaudible).

THE CHAIR: Is there objection to consideration on House Bill 938? Chair hears none and lays out House Bill 938. The clerk will read the bill.

THE CLERK: HB 938 by Smithee. Relating to the issuance of special license plates for women veterans.

THE CHAIR: The Chair recognizes Representative Smithee. The question occurs on passage of House Bill 938 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Patrick to explain House Bill 1053.

REPRESENTATIVE DIANE PATRICK: Madam Speaker, members, House Bill 1053 relates to the tuition exemption offered by --

THE CHAIR: Is there objection to consideration of House Bill 1053? Chair hears none and lays out House Bill 1053. The clerk will read the bill.

THE CLERK: HB 1053. Relating to the tuition exemption offered by public institutions of higher education to firefighters enrolled in certain courses.

THE CHAIR: The Chair recognizes Representative Patrick.

REPRESENTATIVE DIANE PATRICK: I move passage.

THE CHAIR: The question occurs on passage of House Bill 1053 to third reading. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Scott to explain House Bill 1070.

REPRESENTATIVE CONNIE SCOTT: 1070. Relating to the taking of the defendant's bail bond by county jailers.

THE CHAIR: Is there objection to consideration of House Bill 1070? Chair hears none and lays out House Bill 1070. The clerk will read the bill.

THE CLERK: HB 1070 by Scott. Relating to the taking of a defendant's bail bond by county jailers.

THE CHAIR: Chair recognizes Representative Scott.

REPRESENTATIVE CONNIE SCOTT: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1070. Is there objection? Chair hears none. So ordered. The chair calls on Representative Kuempel to explain House Bill 1148. Representative Kuempel? 1146. The chair calls on Representative Kuempel to explain House Bill 1146. Is there objection to consideration of House Bill 1146? Chair hears none. So ordered. For what purpose, Mr. Simpson? Mr. Simpson, for what purpose?

REPRESENTATIVE DAVID SIMPSON: I'd like to ask some questions.

THE CHAIR: Do you intend to speak for more than ten minutes?

REPRESENTATIVE DAVID SIMPSON: Yes, ma'am.

THE CHAIR: Accordingly, House Bill 1146 is withdrawn from the calendar. The Chair recognizes Representative Keffer to explain House Bill 1163.

REPRESENTATIVE JAMES KEFFER: Thank you, Madam Speaker. 1163 gives us voluntary fire department certification to take advanced classes. (Inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1163? Chair hears none and lays out House Bill 1163. The clerk will read the bill.

THE CLERK: HB 1163 by Keffer. Relating to the tuition and fee exemptions at public institutions of higher education for certain peace officers and firefighters.

THE CHAIR: Chair recognizes Representative Keffer.

REPRESENTATIVE JAMES KEFFER: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1163 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Workman to explain House bill 1154.

REPRESENTATIVE WORKMAN: Madam Speaker, members, this just simply gives the county commissioner the authority to delegate (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1174? Chair hears none and lays out House Bill 1174. The clerk will read the bill.

THE CLERK: HB 1174 by Workman. Relating to the expiration of a county burn ban.

THE CHAIR: Chair recognizes Representative Workman.

REPRESENTATIVE PAUL WORKMAN: Move passage.

THE CHAIR: The question occurs of passage to third reading of House Bill 1175. Is there objection? Hearing none. So ordered. Chair recognizes Davis of Harris to explain House Bill 1207.

REPRESENTATIVE SARAH DAVIS: Thank you, Madam Chair, members, House Bill 1207 --

THE CHAIR: Is there objection to consideration of House Bill 1207? The Chair hears none and lays out House Bill 1207. The clerk will read the bill.

THE CLERK: HB 1207 by Davis of Harris. Relating to adoption of the Uniform Child Abduction Prevention Act.

THE CHAIR: Chair recognizes Representative Davis of Harris.

REPRESENTATIVE DAVIS: I move passage.

THE CHAIR: The question occurs on passage of House Bill 1207 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Madden to explain House Bill 1381.

REPRESENTATIVE JERRY MADDEN: The bill deals with several processing of (inaudible) duties.

THE CHAIR: Is there objection to consideration of House Bill seven -- of 1381? The Chair hears none. The Chair lays out House Bill 1381. Clerk will read the bill.

THE CLERK: HB 1381 by Madden. Relating to the service of civil process on an inmate of the Texas Department of Criminal Justice.

THE CHAIR: Representative Madden.

REPRESENTATIVE JERRY MADDEN: I move passage.

THE CHAIR: The question occurs on passage to third reading of 1381. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Gutierrez to explain House Bill 1386.

REPRESENTATIVE ROLAND GUTIERREZ: Members, thank you very much. This bill extends the time by which we have the memorial signs for DWI related deaths in our community. Chairman Pitts has a constituent, Kim Smith, who lost her daughter in a DWI. I have a constituent, Rose Garza, who lost her son in a DWI. We'd like to have those families mourn -- mourn their loved ones a little bit longer. Thank you.

THE CHAIR: Is there objection of House Bill 1486? The Chair hears none and lays out House Bill 1486. The clerk will read the bill:

THE CLERK: HB 1486 by Gutierrez. Relating to signs posted under the memorial sign program for victims of certain vehicle accidents.

THE CHAIR: Chair recognizes Representative Gutierrez.

REPRESENTATIVE ROLAND GUTIERREZ: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1486. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Marquez to explain House Bill 1649.

REPRESENTATIVE MARISA MARQUEZ: Members, thank you very much. This is a bill clean up bill from important legislation that we passed last session, HB 2833. Regarding (inaudible) we had some great bipartisan support on this issue, and I'm going to go ahead and just postpone this bill so we can work on some of the issues that we have. Thank you.

THE CHAIR: Let's back up, members. The House -- The Chair lays out House Bill 1541 and recognizes Representative McClendon to explain the bill.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you. This bill will require the ABTPA to develop and use standard performance measures (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1541? The Chair lays out House Bill 1541. The clerk will read the bill.

THE CLERK: HB 1541 by McClendon. Relating to the prevention of automobile burglary and theft.

THE CHAIR: The Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.

THE CHAIR: The question occurs on the passage to third reading of House Bill 1541. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Marquez to explain House Bill 1649.

REPRESENTATIVE MARISA MARQUEZ: This is a clean up bill for HB 2833 with regard to (inaudible), and I move passage.

THE CHAIR: Is there objection to consideration of House Bill -- The -- Is there objection to consideration of House Bill 1649? Chair hears none. The clerk will read the bill.

THE CLERK: HB 1649 by Marquez. Relating to the enforcement of building code standards for new residential construction in the unicorporated area of a county; providing a fee.

THE CHAIR: Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: I move passage.

THE CHAIR: The question occurs on the passage of 1649 -- Oh, excuse me. There are two amendments.

REPRESENTATIVE MARISA MARQUEZ: There's two amendments. One that actually protects those that have residential property, and then also we changed to determine (inaudible) --

THE CHAIR: The clerk will read the amendment.

THE CLERK: Amendment by Marquez.

REPRESENTATIVE MARISA MARQUEZ: Move passage.

THE CHAIR: Members, you've heard the motion. Is there any objection to -- on the amendments? The Chair hears none. So ordered. The Chair recognizes the following amendments. The clerk will read the amendment.

THE CLERK: Amendment by Marquez.

REPRESENTATIVE MARISA MARQUEZ: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1649 as amended. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Davis of Dallas to explain House Bill 1658.

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker and members, this bill deals with allowing a defendant get the cash bond to the third party who actually paid the bond.

THE CHAIR: Is there objection to consideration of the House Bill 1658? The Chair hears none and lays out House Bill 1658. The clerk will read the bill.

THE CLERK: HB 1658 by Davis of Dallas. Relating to the refund of a cash bond to a defendant in a criminal case.

THE CHAIR: Representative Davis?

REPRESENTATIVE YVONNE DAVIS: Move adoption.

THE CHAIR: The question occurs on passage to third reading of House Bill 1658 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Madam speaker. (Inaudible).

THE CHAIR: Is there objection to consideration of House Bill (inaudible) -- of 1754? The Chair hears none and lays out House Bill 1754. The clerk will read the bill.

THE CLERK: HB 1754 by Gallego. Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

THE CHAIR: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1754 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Harless to explain House Bill 1822.

REPRESENTATIVE PATRICIA HARLESS: HB 1822 amends the occupation code authorizes --

THE CHAIR: Is there objection to consideration of House Bill 1822? The Chair hears none and lays out House Bill 1822. The clerk will read the bill.

THE CLERK: HB 1822 by Harless. Relating to withdrawal of security by a bail bond surety.

THE CHAIR: Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1822. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Hamilton to explain House Bill 1853.

REPRESENTATIVE MIKE HAMILTON: Members, this is a meeting that came altogether between the fire sprinklers and the local unions --

THE CHAIR: Representative Simpson, for what purpose?

REPRESENTATIVE DAVID SIMPSON: Can I ask some questions to object to this bill?

THE CHAIR: Do you intend to speak for ten minutes?

REPRESENTATIVE DAVID SIMPSON: Yes, ma'am.

THE CHAIR: Accordingly, House Bill 1853 is removed from the calendar. The Chair calls on Representative Rodriguez to explain House Bill 1885.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker, members. This bill requires the criminal child safety placement agreement between parents (inaudible) Caregiver To specific terms

(inaudible) --

THE CHAIR: Is there objection to consideration of House Bill 1854? Chair hears none and lays out House Bill 1854. The clerk will read the bill.

THE CLERK: HB 1854 by Rodriguez. Relating to certain arrangements to provide care for a child during an investigation of abuse or neglect.

THE CHAIR: Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1854 to third reading. Is there objection? Chair hears none. So ordered.

UNIDENTIFIED SPEAKER: Mr. Speaker?

THE CHAIR: For what purpose?

REPRESENTATIVE FISCHER MARTINEZ: I'm sorry, parliamentary inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE FISCHER MARTINEZ: I'm sorry, Madam Speaker, I'm interested in knowing the effect Rule 6, Section 2, regarding special orders. Would the Chair tell me what the application of Rule 6, Section 2, how it works and how we can -- how it applies to any bill before the House?

THE CHAIR: Rule 2, Section 6, Subsection A.

REPRESENTATIVE FISCHER MARTINEZ: Rule 6, Madam Chair.

THE CHAIR: Rule 6, Section 2, Subsection A says a bill may on any day be made a special order for the same day, or a future day, by an affirmative oath of two thirds of the members present.

REPRESENTATIVE FISCHER MARTINEZ: To my understanding, any bill that's been found in the House if recognized by the Chair could be subject to special order subject to a two thirds affirmative vote by the body, and subject to a three (inaudible) pro and con debate (inaudible) is that my understanding?

THE CHAIR: If recognized by the Chair for such a motion, that would be the case. Representative Hochberg moves that House Bill 1859 be moved to the end of the calendar today. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 2138.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. House Bill 2138 seeks to ensure that game wardens conduct search --

THE CHAIR: Is there objection to consideration of House Bill 2138? Chair hears none and lays out House Bill 21389. The clerk will read the bill.

THE CLERK: HB 2138 by Guillen. Relating to the search and rescue of victims pf water-oriented accidents.

THE CHAIR: The Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move adoption.

THE CHAIR: The question occurs on passage to third reading of House Bill 2138. Is there objection? Chair hears none. So ordered. Chair calls on Representative Guillen to explain House Bill 2139.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, HB 2139 would allow the Texas library --

THE CHAIR: Is there objection to consideration of House Bill 2139? The Chair hears none and lays out House Bill 2139. The clerk will read the bill.

THE CLERK: HB 2139 by Guillen. Relating to establishment of the adopt a library program.

THE CHAIR: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move passage.

THE CHAIR: The question occurs on passage to third reading on House Bill 2139. Is there objection? Chair hears none. So ordered. Chair calls on Representative Raymond to explain House Bill 2170.

REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker, members. Members, this bill simply would effect the redistricting process every other year.

THE CHAIR: Is there objection to consideration of House Bill 2170? Chair hears none and lays out House Bill 2170. The clerk will read the bill.

THE CLERK: House Bill 2170 by Raymond. Relating to assisting foster children in obtaining the child's credit report.

THE CHAIR: The Chair recognizes Representative Raymond.

REPRESENTATIVE RICHARD RAYMOND: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2170. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Coleman to explain House Bill 2315.

REPRESENTATIVE GARNET COLEMAN: Thank you, Madam Speaker. House Bill 2315 deals with the general revenue levy that is --

THE CHAIR: Is there objection to consideration of House Bill 2315? The Chair hears none and lays out House Bill 2315. The clerk will read the bill.

THE CLERK: HB 2158 by Coleman. Relating to a county's general revenue levy for indigent health care.

THE CHAIR: The Chair recognizes Representative Coleman.

REPRESENTATIVE GARNET COLEMAN: Thank you, Madam Speaker, members --

THE CHAIR: The question occurs on passage to third raiding of House Bill 2315. Is there objection? Chair hears none. So ordered. The Chair calls on Representative McClendon to explain House Bill 2325.

REPRESENTATIVE RUTH JONES MCCLENDON: This bill would allow certain transportation transit authorities --

THE CHAIR: Is there objection to consideration of House Bill 2325? The Chair hears none and lays out House Bill 2325. The clerk will read the bill.

THE CLERK: HB 2325 by McClendon. Relating to the competitive bidding and notice requirements for contracts of certain mass transportation authorities.

THE CHAIR: Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2325 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Madden to explain House Bill 2354.

REPRESENTATIVE JERRY MADDEN: Members, the bill deals with certain electronic equipment and its uses (inaudible) --

THE CHAIR: Is there objection to consideration of House Bill 2354? The Chair hears none and lays out House Bill 2354. The clerk will read the bill.

THE CLERK: HB 2354 by Madden. Relating to the installation and use of a pen register, ESN reader, trap and trace device, mobile tracking device or similar equipment in a correctional facility operated by or under contract with the Texas Department of Criminal Justice.

THE CHAIR: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: I move passage.

THE CHAIR: The question occurs on passage of HB2554 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Davis of Harris to explain House Bill 2457. Davis of Harris?

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker, members. This affects the Texas Enterprise Fund Grant agreements.

THE CHAIR: Is there objection to consideration of House Bill 2457? The Chair -- Chair hears none and lays out House Bill 2457. The clerk will read the bill.

THE CLERK: HB 2457 by John Davis of Harris. Relating to amendment of Texas Enterprise Fund grant agreements.

THE CHAIR: Chair recognizes Representative Davis of Harris.

REPRESENTATIVE JOHN DAVIS: I move passage.

THE CHAIR: Question occurs on passage to third reading of House Bill 2457. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Phillips to have explain House Bill 2469. Is there objection to consideration of House Bill 2469? Chair hears none and lays out House Bill 2469. The clerk will read the bill.

THE CLERK: HB 2469 by Phillips. Relating to a memorial sign program for victims of motorcycle accidents.

UNIDENTIFIED SPEAKER: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2469 to third reading. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Scott to explain House Bill 2488.

REPRESENTATIVE CONNIE SCOTT: Relating to a the access to a child's medical records by the child's attorney --

THE CHAIR: Is there objection to consideration of House Bill 2488? The chair hears none and lays out House Bill 2488. The clerk will read the bill.

THE CLERK: HB 2488 by Scott. Relating to access to a child's medical records by the child's attorney ad litem, guardian ad litem, or amicus attorney.

THE CHAIR: The chair calls on Representative Scott.

REPRESENTATIVE CONNIE SCOTT: Move passage.

THE CHAIR: The question occurs on second reading of House Bill 2488. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Lewis to explain House Bill 2508.

REPRESENTATIVE TRYON LEWIS: Madam Speaker, there is a Senate Bill 1846 is over and eligible.

THE CHAIR: Members, the Senate Companion to HB 2508 is over and eligible. Accordingly, the Chair lays out the Senate Bill 1846. The clerk will read the bill.

THE CLERK: SB 1846 by Lucio. Relating to organizations that are covered by the Charitable Immunity and Liability Act of 1987.

THE CHAIR: Is there objection to --

REPRESENTATIVE TRYON LEWIS: Madam Speaker, this bill deals with insurance retention and charitable immunity and liability act. And I move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 2508. Is there objection? Chair hears none -- Excuse me, let's back up. The question occurs on passage of Senate Bill 1846 to third reading. Is there objection? Chair hears none. So ordered. Representative Lewis moves to lay House Bill 2508 on the table subject to call. Is there objection? Chair hears none. So ordered. The check -- the Chair recognizes Representative Vo to explain House Bill 2538.

REPRESENTATIVE HUBERT VO: House Bill 2548 protects the confidentiality and gives students information and provides penalty.

THE CHAIR: Is there objection to consideration of House Bill 2538? The Chair hears none and lays out House Bill 2538. The clerk will read the bill.

THE CLERK: HB 2538 by Vo. Relating to the confidentiality of certain identifying information regarding students of career schools or colleges and other educational entities; providing a criminal penalty.

THE CHAIR: Chair recognizes Representative Vo.

REPRESENTATIVE HUBERT VO: Move passage.

REPRESENTATIVE JESSICA FARRAR: The question occurs on passage of House Bill 2538 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Chisum to explain House Bill 2551.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker, members, I move to withdraw 2551.

THE CHAIR: Is there -- Members, you've heard the motion to withdraw House Bill 2551 to go on to the next calendar. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Ritter to explain House Bill 2600.

REPRESENTATIVE ALLAN RITTER: Madam Speaker, members HB2600 requires manufacturers to keep records by numbers --

THE CHAIR: Is there objection to consideration of House Bill 2600? Chair hears none Chair hears none and lays out House Bill 2600. The clerk will read the bill.

THE CLERK: HB 2600 by Ritter. Relating to the records and reports required for the purposes of the taxes imposed on cigars and other tobacco products.

THE CHAIR: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2600 to third reading. Is there objection? Chair hears none. So ordered. Mr. Sheets? Would you please explain House Bill 2654.

REPRESENTATIVE KENNETH SHEETS: Madam Speaker, thank you. I move to substitute the Senate Companion, Senate Bill 439.

THE CHAIR: The Senate Bill is over and eligible. Senate Bill 2654 is over and eligible. Chair lays out Senate Bill 439. The clerk will read the bill.

THE CLERK: Senate Bill 439 by Van de Putte. Relating to an exclusion from unemployment compensation chargebacks for certain employers of uniformed service members.

THE CHAIR: The Chair recognizes Representative Sheets.

REPRESENTATIVE KENNETH SHEETS: Thank you, Madam Speaker. This bill includes charts for

(inaudible).

REPRESENTATIVE RAPHAEL ANCHIA: Mr. Speaker?

THE CHAIR: For what purpose, Mr. Anchia?

REPRESENTATIVE RAPHAEL ANCHIA: Will the gentleman yield for a couple questions?

THE CHAIR: Would you yield, Mr. Sheets.

REPRESENTATIVE KENNETH SHEETS: Yes, ma'am.

THE CHAIR: The gentleman yields.

REPRESENTATIVE RAPHAEL ANCHIA: I'm not sure I understand your bill, Mr. Sheets. Does it relate to Marmota --

REPRESENTATIVE KENNETH SHEETS: Are you talking about gophers?

REPRESENTATIVE RAPHAEL ANCHIA: It's the Latin name for gophers, Mr. Sheets. Is this the bill for a license to kill gophers by the government of the United Nations?

REPRESENTATIVE KENNETH SHEETS: You know --

REPRESENTATIVE RAPHAEL ANCHIA: Gophers at will.

REPRESENTATIVE KENNETH SHEETS: You know, in my case my enemy is varmints. They're like varmint con. So you have to fall back on superior intelligence and superior fire power. And that's all she wrote.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Sheets.

REPRESENTATIVE KENNETH SHEETS: Thank you, Mr. Anchia.

THE CHAIR: Mr. Sheets, parliamentary inquiry. Is this your first bill?

REPRESENTATIVE KENNETH SHEETS: Yes, it is.

THE CHAIR: Where are all your -- Do you have any friends?

REPRESENTATIVE LARRY PHILLIPS: Madam Speaker, will the gentleman yield?

REPRESENTATIVE KENNETH SHEETS: I'll yield.

THE CHAIR: Mr. Phillips, for what purpose?

REPRESENTATIVE LARRY PHILLIPS: Will the gentleman yield?

THE CHAIR: Do you yield, Mr. Sheets?

REPRESENTATIVE KENNETH SHEETS: Yes, ma'am.

REPRESENTATIVE LARRY PHILLIPS: Madam Speaker? Madam Speaker?

THE CHAIR: For what purpose, Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: Will the gentleman yield.

THE CHAIR: Do you yield, Mr. Sheets?

REPRESENTATIVE KENNETH SHEETS: Yes, ma'am.

THE CHAIR: The gentleman yields, Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Madam Speaker?

THE CHAIR: For what purpose?

REPRESENTATIVE LARRY PHILLIPS: Will the gentleman yield?

THE CHAIR: He does yield, Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Mr. Sheets , where were -- where were all your friends earlier?

REPRESENTATIVE KENNETH SHEETS: They're swift, silent and deadly.

REPRESENTATIVE LARRY PHILLIPS: They're swift, silent and deadly? I would assume that in -- in the -- in your other vocation that -- that there's some kind of esprit de corps that's supposed to occur, and happen. Do you feel that same esprit de corps with these guys around you?

REPRESENTATIVE KENNETH SHEETS: You bet 'ya.

REPRESENTATIVE LARRY PHILLIPS: You bet 'ya? Okay. I didn't quite understand the questions that were asked earlier. Could you explain those? And your responses were --

REPRESENTATIVE KENNETH SHEETS: You know, Representative Anchia had something about gophers going on. I'm not sure.

REPRESENTATIVE LARRY PHILLIPS: But it's in the hole.

REPRESENTATIVE KENNETH SHEETS: It's in the hole?

REPRESENTATIVE WILL HARNETT: Madam Speaker?

THE CHAIR: Mr. Hartnett?

REPRESENTATIVE WILL HARNETT: will the gentleman yield for a question?

THE CHAIR: Do you yield, Mr. Sheets?

REPRESENTATIVE KENNETH SHEETS: Yes, ma'am.

REPRESENTATIVE WILL HARNETT: Major, I see from the caption that the bill deals with uniformed service members, does your bill only apply if they're wearing their uniform?

REPRESENTATIVE KENNETH SHEETS: No, sir.

REPRESENTATIVE WILL HARNETT: So we could just delete uniform and we could say uniform service members?

REPRESENTATIVE KENNETH SHEETS: No, sir because that's a federal law.

REPRESENTATIVE RODNEY ANDERSON: And what kind of charge backs are we talking about?

REPRESENTATIVE KENNETH SHEETS: We're talking about employers, when they when they hire a temporary employee to replace a service member who has been deployed, when they let that employee go they're not going to be charged charge backs for their unemployment insurance.

REPRESENTATIVE WILL HARNETT: Okay. And this doesn't have to do with any kickbacks, or anything like that, does it?

REPRESENTATIVE KENNETH SHEETS: Absolutely not.

REPRESENTATIVE WILL HARNETT: That sounds like a good bill.

REPRESENTATIVE KENNETH SHEETS: Thank you.

REPRESENTATIVE JAMES KEFFER: Madam Speaker?

THE CHAIR: Yes, Representative Keffer, for what purpose?

REPRESENTATIVE JAMES KEFFER: Madam Speaker.

THE CHAIR: Yes, Representative Keffer.

REPRESENTATIVE JAMES KEFFER: I hear a voice. There you are. There you are. I knew it. There you are.

UNIDENTIFIED SPEAKER: Madam Speaker?

THE CHAIR: For what purpose?

UNIDENTIFIED SPEAKER: Will the gentleman yield?

THE CHAIR: Do you yield, Mr. Sheets?

REPRESENTATIVE KENNETH SHEETS: Yes, ma'am.

UNIDENTIFIED SPEAKER: Major, have you determined who outranks you here on the floor yet?

REPRESENTATIVE KENNETH SHEETS: The safe answer is everybody.

UNIDENTIFIED SPEAKER: But I'd really like to know who outranks you, in case I need that in the future.

REPRESENTATIVE KENNETH SHEETS: I think Colonel Berman does.

UNIDENTIFIED SPEAKER: Okay. Okay. That's good. Thank you.

REPRESENTATIVE KENNETH SHEETS: Thank you, sir. Move passage.

THE CHAIR: The question occurs on a passage of -- excuse me, Senate Bill 439 to third reading. Is there objection? Chair hears none. So ordered. Representative Sheets moves to lay House Bill 2654 on the table subject to call. Is there objection? Chair hears none. So ordered. Representative Sheets, the body would like to congratulate you on a Cinderella story come true. The Chair calls on Representative Hochberg to explain House Bill 2662.

REPRESENTATIVE SCOTT HOCHBERG: Thank you, Madam Speaker and members. House Bill 2662 allows law enforcement to look for missing children in the --

THE CHAIR: Is there objection to consideration of House Bill 2662? Chair hears none and lays out House Bill 2662. The clerk the clerk will read the bill.

THE CLERK: HB 2662 by Hochberg. Relating to child abduction.

THE CHAIR: Chair recognizes Representative Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2662. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Darby to explain House Bill 2717.

REPRESENTATIVE DREW DARBY: Members, this relates to the dues and functions of the county clerks, district clerks --

THE CHAIR: Is there objection to consideration of the House Bill 2717? Chair hears none and lays out House Bill 2717. The clerk will read the bill.

THE CLERK: HB 2717 by Darby. Relating to certain duties and functions and procedures by county officials and the functions of county government.

THE CHAIR: The Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2717 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Madden to explain House Bill 2734.

REPRESENTATIVE JERRY MADDEN: The bill deals with sole provisions --

THE CHAIR: Is there objection to consideration of House Bill 2734? Chair hears none. Lays out House bill 2734. The clerk will read the bill.

THE CLERK: The HB 2734 by Madden. Relating to certain mandatory condition of parole, or mandatory supervision for illegal criminal aliens and the revocation of parole or mandatory supervision as a result of violating those conditions.

THE CHAIR: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: I move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2734. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Phillips to explain House Bill 2806.

REPRESENTATIVE LARRY PHILLIPS: It's a clean up bill for (inaudible) license plates.

THE CHAIR: Is there objection to consideration of House Bill 2806? Chair hears none and lays out House Bill 2806. The clerk will read the bill.

THE CLERK: HB 2806 by Phillips. Relating to the marketing, hosting and sale of specialty and personalized license plates.

THE CHAIR: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2806. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Gallego to explain House Bill 2857.

REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker (inaudible) --

REPRESENTATIVE JOE DRIVER: Madam Speaker?

THE CHAIR: Mr. Driver, for what purpose?

REPRESENTATIVE JOE DRIVER: I reluctantly need to ask the Chairman a few questions.

THE CHAIR: Do you yield, Mr. Gallego?

REPRESENTATIVE PETE GALLEGO: Certainly, Madam.

THE CHAIR: The gentleman yields, Mr. Driver.

REPRESENTATIVE JOE DRIVER: Chairman Gallego, do you have any -- testify against House Bill

(inaudible) county affairs committee?

REPRESENTATIVE PETE GALLEGO: (Inaudible).

REPRESENTATIVE JOE DRIVER: Will this be affect an already existing area (inaudible).

REPRESENTATIVE PETE GALLEGO: (Inaudible).

REPRESENTATIVE JOE DRIVER: (Inaudible).

REPRESENTATIVE PETE GALLEGO: (Inaudible).

(Inaudible).

REPRESENTATIVE JOE DRIVER: The purpose of the McDonald's airport, Mr. Gallego.

REPRESENTATIVE PETE GALLEGO: (Inaudible).

REPRESENTATIVE JOE DRIVER: When will the bill become effective?

REPRESENTATIVE BRANDON CREIGHTON: The bill (inaudible).

REPRESENTATIVE JOE DRIVER: I have no problems with this bill. Thank you.

THE CHAIR: The Speaker Pro Tem moves that the entire discussion be reduced to writing and placed in the journal. Is there objection? So ordered. The Chair recognizes Representative Gallego --

REPRESENTATIVE PETE GALLEGO: (Inaudible)

THE CHAIR: -- to explain lays out House Bill 2857. The clerk will read the bill.

THE CLERK: HB 2857 by Gallego. Relating to regulation of outdoor lighting in certain areas; providing a criminal penalty and for injunctive relief.

THE CHAIR: The Chair recognizes Representative -- Following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Gallego.

REPRESENTATIVE PETE GALLEGO: (Inaudible).

THE CHAIR: Is there objection to adoption of the amendment? Chair hears none. So ordered. Representative Gallego?

REPRESENTATIVE PETE GALLEGO: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2857 as amended. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Harper Brown to explain House Bill 2870.

REPRESENTATIVE HARPER BROWN: Members, House Bill 2870 will -- will get the -- delete unnecessary reports.

THE CHAIR: Is there objection to consideration of House Bill 2870? Chair hears none and lays out House Bill 2870. The clerk will read the bill.

THE CLERK: HB 2870 by Harper Brown. Relating to the elimination of certain required reports prepared by state agencies and institutions of higher education.

THE CHAIR: Chair recognizes Representative Harper Brown.

REPRESENTATIVE HARPER BROWN: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2870. Is there objection? Chair hears none. So ordered. Chair calls on Representative Branch to explain House Bill 2908.

REPRESENTATIVE DAN BRANCH: Mrs. Speaker, this relates to (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 2908? Chair hears none and lays out House Bill 2908. The clerk will read the bill.

THE CLERK: HB 2908 by Branch. Relating to providing graduate medical education positions for Texas medical school graduates.

THE CHAIR: The Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2908 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Branch to explain House Bill 2910.

REPRESENTATIVE DAN BRANCH: This relates to the higher education coordinating board.

THE CHAIR: Is there objection to consideration of House Bill 2910? Chair hears none and lays out House Bill 2910. The clerk will read the bill.

THE CLERK: HB 2910 by Branch. Relating to agreements between the Texas Higher Education Coordinating Board and certain organizations for increasing degree completion rates.

THE CHAIR: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2910 to third reading. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Price to explain House Bill 2959.

REPRESENTATIVE WALTER PRICE: HB 2959 amends election code former county (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 2959? Chair hears none. Chair lays out House Bill 2959 and the the clerk will read the bill.

THE CLERK: HB 2959 by Price. Relating to agreements between the Texas Higher Education Coordinating Board and certain organizations for increasing degree completion rates.

THE CHAIR: Chair recognizes Representative Price.

REPRESENTATIVE WALTER PRICE: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2959 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Sheffield to explain House Bill 3065.

REPRESENTATIVE RALPH SHEFFIELD: Thank you, Madam Chair. 3065 removes requirements for --

THE CHAIR: Is there objection to consideration of House Bill 3065? Chair hears none and lays out House Bill 3065.

THE CLERK: HB 3065 by Sheffield. Relating to the requirement that certain food service establishments post a sign depicting the Heimlich maneuver.

THE CHAIR: Chair recognizes Representative Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: Move passage.

THE CHAIR: The question occurs on 3065. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Hartnett to explain House Bill 3141.

REPRESENTATIVE WILL HARNETT: This bill adopts the model state trademark act.

THE CHAIR: Is there objection to consideration of House Bill 3141? Chair hears none and lays out House Bill 3141. The clerk will read the bill.

THE CLERK: HB 3141 by Hartnett. Relating the registration and protection of trademarks.

THE CHAIR: The Chair recognizes Representative Hartnett.

REPRESENTATIVE WILL HARNETT: Move passage.

THE CHAIR: The question occurs on third reading of House Bill 3141. Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Reynolds to explain House Bill 3302.

REPRESENTATIVE RON REYNOLDS: Thank you, Madam Speaker. Members, House Bill 3302 allows small cities with economic development (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 3302? The Chair hears none and lays out House Bill 3302. The the clerk will read the bill.

THE CLERK: HB 3302 by Zerwas. Relating to the authority of certain Type A economic development corporations to undertake certain categories of projects.

THE CHAIR: Chair recognizes Representative Reynolds.

REPRESENTATIVE RON REYNOLDS: I move passage.

THE CHAIR: The question occurs on passage to on third reading of House Bill 3380. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Coleman to explain House Bill 3336. Representative Coleman? 3336.

REPRESENTATIVE GARNET COLEMAN: Thank you, Madam Speaker. HB 3336 is pertussis information that is in the packet that's given to children that's born at the hospital.

THE CHAIR: Is there objection to consideration of House Bill 3336? The Chair hears none and lays out House Bill 3336. The clerk will read the bill.

THE CLERK: HB 3336 by Coleman. Relating to information regarding pertussis for parents of newborn children.

THE CHAIR: The Chair recognizes Representative Coleman. Representative Coleman?

REPRESENTATIVE GARNET COLEMAN: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 3336. Is there objection? Chair hears none. So ordered. The chair recognizes Representative Naishtat to explain House Bill 3404.

REPRESENTATIVE NAISHTAT: Members, this bill recreates a child care advisory committee at facilities --

THE CHAIR: Is there objection to consideration of House Bill 3404? The Chair hears none and lays out 3404. The clerk will read the bill.

THE CLERK: HB 3404 by Naishtat. Relating to establishing a child care advisory committee to advise the Texas Facilities commission.

THE CHAIR: The Chair recognizes Representative Naishtat.

REPRESENTATIVE NAISHTAT: Move passage.

THE CHAIR: The question occurs on passage of House Bill 3484 to third reading. Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Hamilton to explain House Bill 3510.

REPRESENTATIVE MIKE HAMILTON: Basically, this is a clarified language for the streamlining of the regulation of --

THE CHAIR: Is there objection to consideration of House Bill 3510? The Chair hears none and lays out House Bill 3510. The clerk will read the bill.

THE CLERK: HB 3510 by Hamilton. Relating to the regulation of the towing, booting and storage of vehicles.

THE CHAIR: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 3510. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Gonzales of Williamson, on his very first bill, to lay out or to explain House Bill 3577, if he can.

REPRESENTATIVE LARRY GONZALES: Thank you, Madam Chair. House Bill 3577 allows (inaudible) access for scholarship opportunities.

THE CHAIR: For what purpose, Representative Otto?

REPRESENTATIVE JOHN OTTO: would the gentleman yield for some questions?

THE CHAIR: Do you yield, Mr. Gonzales?

REPRESENTATIVE LARRY GONZALES: I will yield to my favorite former boss, John Otto.

REPRESENTATIVE JOHN OTTO: Huh-uh. That will get you nowhere. Representative Gonzales?

REPRESENTATIVE LARRY GONZALES: Yes, sir.

REPRESENTATIVE JOHN OTTO: What exactly does this bill do?

REPRESENTATIVE LARRY GONZALES: We are -- There's a current statute that says if you're eligible for a Texas Grant scholarship, that you are not eligible for a Texas Educational Opportunity grant. We are de-linking that so that you can be eligible for both, given the financial State of Texas grant.

REPRESENTATIVE JOHN OTTO: And why did you not bring this piece of legislation to me when you were my chief of staff? It had not yet become an a problem with Texas Grant funding until recently, Mr. Otto.

REPRESENTATIVE JOHN OTTO: Oh, okay. So it's not only recently that this has become an issue?

REPRESENTATIVE LARRY GONZALES: That's correct, sir.

REPRESENTATIVE JOHN OTTO: Okay. And how many members in this chamber have you worked for during your past life?

REPRESENTATIVE LARRY GONZALES: Well, of course, you're my favorite. And then --

REPRESENTATIVE JOHN OTTO: You remember there is others that are still here that may be behind me, in line?

REPRESENTATIVE LARRY GONZALES: Well, I looked before I said that, and Representative Pitts seems not to be looking at me, so I got that past him. Quite a few, sir, I guess.

REPRESENTATIVE JOHN OTTO: Okay. There is nothing to the rumor that I've been hearing that you are taking credit for making every one of us what we are today, are you?

REPRESENTATIVE LARRY GONZALES: No, sir. You are your own man, sir.

REPRESENTATIVE JIM PITTS: All right. Hey, by the way -- Madam Speaker?

THE CHAIR: For what purpose?

REPRESENTATIVE JIM PITTS: Will the gentleman yield for a question?

THE CHAIR: Will you yield, Mr. Gonzales?

REPRESENTATIVE LARRY GONZALES: Absolutely.

REPRESENTATIVE JIM PITTS: Representative, is this a bill that lets legislators get three four-year scholarships to Texas A&M?

REPRESENTATIVE LARRY GONZALES: That's a work in progress, sir. This is not that bill.

REPRESENTATIVE JIM PITTS: Okay. It sounds like a good bill, if that's in there.

THE CHAIR: Representative Weber, for what purpose?

UNIDENTIFIED SPEAKER:

REPRESENTATIVE WEBER: Madam Speaker, a parliamentary inquiry.

THE CHAIR: State your inquiry.

UNIDENTIFIED SPEAKER: Would a motion be in order at this time that the hazing from this bill be applied to all future freshman bills before the weekend holiday?

THE CHAIR: That is a possibility, and it may be an order.

UNIDENTIFIED SPEAKER: Okay. I move passage.

THE CHAIR: But I rethought it.

UNIDENTIFIED SPEAKER: Okay. Thank you, Madam Speaker.

THE CHAIR: And Representative Gonzales deserves all the hazing he gets. Chair recognizes Chairman Pitts.

REPRESENTATIVE JIM PITTS: Mr. Gonzales?

REPRESENTATIVE LARRY GONZALES: I would yield to my new favorite former boss, Chairman Pitts.

REPRESENTATIVE JIM PITTS: I was just checking. Thank you.

THE CHAIR: Representative Morrison, for what purpose? Do you yield, Mr. Gonzales?

REPRESENTATIVE LARRY GONZALES: I will gladly yield to my new former favorite boss, Ms. Morrison.

REPRESENTATIVE GEANIE MORRISON: Represent ative Gonzales, I really think that all of us that you used to work for, you should come and ask our permission before you introduce any legislation, and I don't think you did that.

REPRESENTATIVE LARRY GONZALES: Point taken, ma'am.

REPRESENTATIVE GEANIE MORRISON: Thank you, Mr. Gonzales.

REPRESENTATIVE LARRY GONZALES: Move passage.

THE CHAIR: The question -- Is there objection to consideration of House Bill 3577? Chair hears none and lays out House Bill 3777. The clerk will read the bill.

THE CLERK: HB 3577 by Gonzales of Williamson. Relating to eligibility requirements for the Texas Educational Opportunity Grant.

THE CHAIR: The Chair recognizes Representative Gonzales.

REPRESENTATIVE LARRY GONZALES: Move passage.

THE CHAIR: The question occurs on passage of House Bill 3577 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Cook to explain House Bill 91. House Bill 91?

REPRESENTATIVE BYRON COOK: This explains the ETJ. Thank you.

THE CHAIR: Is there objection to consideration of House Bill 91? The Chair hears none and lays out House Bill 91. The clerk will read the bill.

THE CLERK: HB 91 by Cook. Relating to extent of extraterritorial jurisdiction for certain municipalities.

THE CHAIR: Chair recognizes Representative Cook.

REPRESENTATIVE BYRON COOK: Move passage.

THE CHAIR: The question occurs on passage of House Bill 91 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Weber to explain House Bill 398.

REPRESENTATIVE RANDY WEBER: Thank you, Madam Speaker. I move that House Bill 398 be postponed till the next local calendar.

THE CHAIR: Members, you heard the question, the request. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Farrar to explain House Bill 602.

REPRESENTATIVE JESSICA FARRAR: Mr. Speaker, members, this bill allows craft breweries to provide a small sample of beer to visits on the tour.

THE CHAIR: Is there objection to consideration of House Bill 602? Chair hears none and lays out House Bill 602. The clerk will read the bill.

THE CLERK: HB 602 by Farrar. Relating to authorizing certain brewers and manufacturers to conduct tours of their premises after which beer or ale is provided to ultimate consumers for off-premises consumption.

THE CHAIR: Chair recognizes Representative Farrar.

REPRESENTATIVE JESSICA FARRAR: Move adoption.

THE CHAIR: The question occurs on passage of House Bill 602 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Farias to explain House Bill 692.

REPRESENTATIVE JOE FARIAS: Madam Speaker, members, this bill addresses the conditions of --

THE CHAIR: Is there objection to consideration of House Bill 692? The Chair hears none chair lays out House Bill 692. The clerk will read the bill.

THE CLERK: HB 692 by Farias. Relating to high school graduation requirements for a student who is unable to participate in physical activity due to disability or illness.

THE CHAIR: Chair recognizes Representative Farias.

REPRESENTATIVE JOE FARIAS: Move passage.

THE CHAIR: The question occurs on passage of House Bill 692 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Geren to explain House Bill 1145.

REPRESENTATIVE CHARLIE GEREN: Thank you. I believe the Senate Bill is over.

THE CHAIR: Members, the Senate Companion Bill to HB 1145 is over and eligible. Accordingly, the Chair lays out Senate Bill 527. The clerk will read the bill.

THE CLERK: SB 527 by Fraser. Relating to projects funded through the Texas emissions reduction plan.

THE CHAIR: Is there objection to consideration of House Bill 527? The Chair hears none and lays out House Bill 527. The clerk will read the bill. The Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: I move passage.

THE CHAIR: The question occurs on passage of Senate Bill 527. Is there objection? Chair hears none. So ordered. Representative gain moves to lay House Bill 1145 on the table. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hancock to explain House Bill 1162.

REPRESENTATIVE KELLY HANCOCK: HB 1162

(inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1162? The Chair hears none and lays out House Bill 1162. The clerk will read the bill.

THE CLERK: HB 1162 by Hancock. Relating to the provision of notice to vacate to certain commercial tenants in an eviction suit.

THE CHAIR: Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1162. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Flynn to explain House Bill 1179.

REPRESENTATIVE DAN FLYNN: Thank you Madam Speaker and members, House Bill 1179 taxpayers over

(inaudible) of the TDLR.

THE CHAIR: Is there objection to consideration of House Bill 1179? Chair lays out House Bill 1179. The clerk will read the bill.

THE CLERK: HB 1179 by Flynn. Relating to certain property requirements for certain property tax professionals.

THE CHAIR: The Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1179 to third reading. Is there objection? Chair hears none. So ordered. Chair calls on a Representative Aliseda to explain House Bill 1795.

REPRESENTATIVE JOSE ALISEDA: Rat hole drilling pull trailer.

THE CHAIR: Is there objection to consideration of House Bill 1795? The Chair hears none and lays out House Bill 1795. The clerk will read the bill.

THE CLERK: HB 1795 by Aliseda. Relating to the election of the governing body of certain municipalities.

THE CHAIR: Chair recognizes Representative Aliseda.

REPRESENTATIVE JOSE ALISEDA: Move passage.

THE CHAIR: Is there objection? The question occurs on passage to third reading of House Bill 1795. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Villareal to explain House Bill 1887.

REPRESENTATIVE MIKE VILLARREAL: Madam Chair and members, this legislation unanimously passed out of Ways and Means, which --

THE CHAIR: Is there objection to consideration of House Bill 1887? Chair hears none and lays out 1887. The clerk will read the bill.

THE CLERK: HB 1887 by Villarreal. Relating to the procedures for property tax protests and appeals.

THE CHAIR: The Chair recognizes Representative Villarreal.

REPRESENTATIVE MIKE VILLARREAL: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1887 to third reading. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Hamilton to lay out House Bill 2040.

REPRESENTATIVE MIKE HAMILTON: This is a counseling for emergency --

REPRESENTATIVE SID MILLER: Madam Speaker?

THE CHAIR: Mr. Miller, for what purpose?

REPRESENTATIVE SID MILLER: Will the gentleman yield?

THE CHAIR: Do you yield, Mr. Hamilton?

REPRESENTATIVE MIKE HAMILTON: Yes, ma'am.

THE CHAIR: The gentleman yields.

REPRESENTATIVE SID MILLER: I have a question for you. What is the purpose or the legislative intent of your bill, Representative Hamilton?

REPRESENTATIVE MIKE HAMILTON: The purpose of the legislative intent, and for the sake of clarity of the meetings, questions between the CIS counseling and first responders who are directly involved in a critical incident the content, which is counseling in nature, of these discussions, is privileged; therefore the meeting themselves should be closed.

REPRESENTATIVE SID MILLER: Madam Speaker, I request that the exchange between Representative Hamilton and myself be reduced to writing and placed in the journal.

THE CHAIR: Members, you've heard the motion. Is there objection? So ordered. The Chair lays out House Bill 2040. The clerk will read the bill.

THE CLERK: HB 2040 by Hamilton. Relating to critical incident stress management and crisis response services.

THE CHAIR: The Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Move passage.

THE CHAIR: The question occurs on passage of 2040 to third reading. Is there objection? Chair hears none. So ordered. The chair recognizes Representative Gallego to explain House Bill 2337.

REPRESENTATIVE PETE GALLEGO: (Inaudible).

THE CHAIR: Is there objection to consideration of House Bill 2337? The Chair hears none and lays out House Bill 2337. The clerk will read the bill.

THE CLERK: HB 2337 by Gallego. Relating to the admissibility of certain statements made by a child in a juvenile Justice or criminal proceeding.

THE CHAIR: The Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2337 to third reading. Is there objection? Chair hears none. So ordered. Chair calls on Representative Carter to explain House Bill 3314.

REPRESENTATIVE STEFANI CARTER: Mr. Speaker, members, House Bill 3314 requires attorneys ad litem file written statements.

THE CHAIR: Is there objection to consideration of House Bill 3314? The Chair hears none and lays out House Bill 3314. The clerk will read the bill.

THE CLERK: HB 3314 by Carter. Relating to requiring that an attorney ad litem appointed for a child file a statement with the court regarding the attorney ad litem's meeting with the child or other specified person.

THE CHAIR: Members, there is an amendment to House Bill 3314. The Chair calls on Representative Carter to explain the amendment. Sorry, I was hearing out of one ear and listening -- Excuse me, back up. No amendment. Ms. Carter, recognize Ms. Carter.

REPRESENTATIVE STEFANI CARTER: Thank you. Move passage.

THE CHAIR: The question occurs of passage of House Bill 3314 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 3726.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, HB 3726 would require

(inaudible).

THE CHAIR: Is there objection to consideration of House Bill 3726? Chair hears none and lays out House Bill 3726. The clerk will read the bill.

THE CLERK: HB 3726 by Guillen. Relating to the private entity granted care and custody of Alamo.

THE CHAIR: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move passage.

THE CHAIR: The question occurs on passage of House Bill 3726. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hochberg to explain House Bill 1859.

REPRESENTATIVE SCOTT HOCHBERG: Madam Speaker, this bill exempts churches from their requirements, the architectural barriers act.

THE CHAIR: Members, you've heard the motion. Is there any objection to consideration of House Bill 1859? The Chair hears none and lays out House Bill 1859. The clerk will read the bill.

THE CLERK: HB 1859 by Hochberg. Relating to applicability of architectural barrier standards.

THE CHAIR: Following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Hochberg.

THE CHAIR: The Chair recognizes Representative Hochberg to explain the amendment.

REPRESENTATIVE SCOTT HOCHBERG: Amendment requires that a church submit an application in order to activate the exemption. It's acceptable to the author and I move adoption.

THE CHAIR: Is there any objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1359. Is there objection? Chair hears none. So ordered. Members, if there's no other business, it's the House's intent to adjourn until 11:40. Chair hears none. The House is adjourned. Members, it's 11:40 a.m. that we're adjourned to, not p.m.

(The House stands at ease.)

THE CHAIR: The House will come to order. Members, please register. Have all members registered? Have all members registered? There being 150 ayes, 0 nays, the House is adjourned. Not adjourned. We are in session. Sorry, folks. Wishful thinking. Chair recognizes Representative Legler for an introduction.

REPRESENTATIVE KEN LEGLER: Members, thank you very much. Ms. Chair, thank you very much. I'd like to take this time to recognize my grandson and I, Brendan Legler, would like to take this time to recognize my son, Joseph Legler, my daughter, Vicky, my wife, Barbara; up in the north gallery. Please rise. Thank you very much.

THE CHAIR: The Chair recognizes Representative Dutton for a resolution.

REPRESENTATIVE HAROLD DUTTON: Madam Speaker and members, I move to suspend all necessary rules, and the unnecessary ones, to bring up HR 1467.

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

THE CLERK: HR 1467 by Dutton. Congratulating Mary Elizabeth Durham of Houston on the occasion of her 80th birthday.

THE CHAIR: Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: I move passage.

THE CHAIR: Members, the question occurs on passage of Mr. Dutton's resolution. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I request permission to allow the local Consent Calendar committee to set a local consent and resolution calendar for Tuesday, April the 26th 2011, at 10:00 a.m.

THE CHAIR: Members -- Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I request permission for the Committee on Local Consent and Resolution Calendars to meet while the House is in session at -- on April the 21st, 2011, today, in the Agriculture Museum, room 1W14; to consider a local, consent and resolution calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The following announcement. The clerk will read the announcement. The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I request permission for the Committee on Local Consent and Resolution Calendar to meet while the House is in session at 11:50 a.m., today, April the 21st, 2011, at the Agriculture Museum, in 1W14; to consider a local, consent and a resolution calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The following announcement. The clerk will read the announcement.

THE CLERK: The Committee on Local and Consent Calendars will meet at 11:50 a.m. today, April 21st, 2011, at the Agricultural Museum; 1W.14. This will be a formal meeting to consider a local and consent and resolution calendar.

THE CHAIR: The Chair recognizes -- is going recognize Mr. Chisum for a motion.

REPRESENTATIVE CHISUM: Thank you, Madam Speaker and members, I move to reconsider the vote by House -- by which House Bill 1649 passed to third reading.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The Chair brings up House Bill 1649. Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: Members, I want to thank Chairman Chisum and I want to thank Representative Miller for their statesmanship in bringing up a few of the concerns that can be easily resolved on 1649, and I will happily withdraw 1649 from the local and consent. Thank you.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. House Bill 1649 is withdrawn from today's calendar. Representative Thompson asks for a unanimous consent for House Bill 34 and -- Representative Thompson asks unanimous consent for those members granted leave of absence on the previous legislative day to be excused on this legislative day. Is there objection? Chair hears none. So ordered. Representative Thompson moves to suspend all necessary rules to consider the local and consent calendar bills for third reading. Is there objection? Chair hears none. So ordered. Representative Thompson asked for unanimous consent to use the vote of the first recorded vote for all bills that require recorded votes, with the understanding that a member may record a vote on any bill with the journal clerk. Is there objection? Chair hears none. So ordered. The Chair lays out House Bill 34 and the clerk will read the bill.

THE CLERK: HB 34 by Branch. Relating to including in the public high school curriculum instructions and methods of paying for post secondary education and training.

THE CHAIR: The Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Members, this is the bill we did yesterday. And I move adoption.

THE CHAIR: The question occurs on final passage of HB 34. This is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 149 ayes, no nays; the motion is passed. The Chair lays out the following bills on third reading and final passage, should be passed by the record vote of the just passed House Bill 34. The clerk will read the bills.

THE CLERK: HB 157 by Raymond. Relating to the filing of an application for a place on the general primary election ballot. HB 240 by Parker. Relating to requiring the Texas Commission on Environmental Quality to adopt rules preventing accidental or unintentional access to on-site sewage disposal systems. HB 260 by Hilderbran. Relating to the prosecution and punishment of unlawful transport of a person. HB 384 by Menendez. Relating to the proper identification of boats and outboard motors; creating an offense. HB 385 by Menendez. Relating to the punishment for theft and certain fraud offenses committed against a disabled individual. HB 438 by Thompson. Relating to health benefit plan coverage for orally administered anticancer medications. HB 559 by Sheffield. Relating to Bronze Star Medal specialty license plates. HB 649 by Gallego. Relating to the issuance and duration of certain protective orders for victims of sexual assault. HB 772 by Riddle. Relating to the applicability of certain laws to certain sex offenders. HB 787 by Kuempel. Relating to abandoned, wrecked, dismantled, discarded, and inoperable aircraft and vessels. HB 938 by Smithee. Relating to the issuance of specialty license plates for women veterans. HB 1053 by Patrick, Diane. Relating to the tuition exemption offered by public institutions of higher education to firefighters enrolled in certain courses. HB 1070 by Scott. Relating to the taking of a defendant's bail bond by county jailers. HB 1146 by Kuempel. Relating to the registration and regulation of appraisal management companies and the composition of the Texas Appraiser Licensing and Certification Board; providing penalties. HB 1163 by Keffer. Relating to tuition and fee exemptions at public institutions of higher education for certain peace officers and firefighters. HB 1174 by Workman. Relating to the expiration of a county burn ban. HB 1207 by Davis, Sarah. Relating to adoption of the Uniform Child Abduction Prevention Act. HB 1381 by Madden. Relating to the service of civil process on an inmate of the Texas Department of Criminal Justice. HB 1486 by Gutierrez. Relating to signs posted under the memorial sign program for victims of certain vehicle accidents. HB 1541 by McClendon. Relating to the prevention of automobile burglary and theft. HB 1649 by Marquez. Relating to the enforcement of building code standards for new residential construction in the unincorporated area of a county; providing a fee. HB 1658 by Davis, Yvonne. Relating to the refund of a cash bond to a defendant in a criminal case. HB 1754 by Gallego. Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense. HB 1822 by Harless. Relating to the withdrawal of security by a bail bond surety. HB 1853 by Hamilton. Relating to the licensing and regulation of certain employees of fire protection sprinkler system contractors; providing a penalty. HB 1854 Rodriguez. Relating to certain arrangements to provide care for a child during an investigation of abuse or neglect. HB 1859 by Hochberg. Relating to the applicability of architectural barrier standards. HB 2138 by Guillen. Relating to the search for and rescue of victims of water-oriented accidents. HB 2139 by Guillen. Relating to the establishment of an Adopt-A-Library program and state employee charitable contributions to the program. HB 2170 by Raymond Pena, Richard Relating to assisting a foster child in obtaining the child's credit report. HB 2315 by Coleman Relating to a county's general revenue levy for indigent health care. HB 2325 by McClendon. Relating to the competitive bidding and notice requirements for contracts of certain mass transportation authorities. HB 2354 by Madden. Relating to the installation and use of a pen register, ESN reader, trap and trace device, mobile tracking device, or similar equipment in a correctional facility operated by or under contract with the Texas Department of Criminal Justice. HB 2457 by Davis, John Relating to the amendment of Texas Enterprise Fund grant agreements. HB 2469 by Phillips. Relating to a memorial sign program for victims of motorcycle accidents. HB 2488 by Scott. Relating to access to a child's medical records by the child's attorney ad litem, guardian ad litem, or amicus attorney. HB 2508 by Lewis. Relating to organizations that are covered by the Charitable Immunity and Liability Act of 1987. HB 2538 by Vo. Relating to the confidentiality of certain identifying information regarding students of career schools or colleges and other educational entities; providing a criminal penalty. HB 2551 by Chisum. Relating to the land application of grit trap waste. HB 2600 by Ritter. Relating to the records and reports required for purposes of the taxes imposed on cigars and other tobacco products. HB 2654 by Sheets. Relating to an exclusion from unemployment compensation chargebacks for certain employers of uniformed service members. HB 2662 by Hochberg. Relating to child abduction. HB 2717 by Darby. Relating to the duties and responsibilities of certain county officials and the functions of county government. HB 2734 by Madden. Relating to certain mandatory conditions of parole or mandatory supervision for illegal criminal aliens and the revocation of parole or mandatory supervision as a result of violating those conditions. HB 2806 by Phillips. Relating to the marketing, hosting, and sale of specialty and personalized license plates. HB 2857 by Gallego. Relating to regulation of outdoor lighting in certain areas; providing a criminal penalty and for injunctive relief. HB 2870 by Harper-Brown. Relating to the elimination of certain required reports prepared by state agencies and institutions of higher education. HB 2908 by Branch. Relating to providing graduate medical education positions for Texas medical school graduates. HB 2910 by Branch. Relating to agreements between the Texas Higher Education Coordinating Board and certain organizations for increasing degree completion rates. HB 2959 by Price. Relating to the required transfer of records to a new county chair of a political party; providing a penalty. HB 3065 by Sheffield. Relating to the requirement that certain food service establishments post a sign depicting the Heimlich maneuver. HB 3141 by Hartnett. Relating to the registration and protection of trademarks. HB 3302 by Reynolds. Relating to the authority of certain Type A economic development corporations to undertake certain categories of projects. HB 3336 by Coleman. Relating to information regarding pertussis for parents of newborn children. HB 3404 by Naishtat. Relating to establishing a child care advisory committee to advise the Texas Facilities Commission. HB 3510 by Hamilton. Relating to the regulation of the towing, booting, and storage of vehicles. HB 3577 by Gonzales, Larry. Relating to eligibility requirements for the Texas Educational Opportunity Grant. HB 91 by Cook. Relating to the extent of extraterritorial jurisdiction for certain municipalities. HB 602 by Farrar. Relating to authorizing certain brewers and manufacturers to conduct tours of their premises after which beer or ale is provided to ultimate consumers for off premises consumption. HB 692 by Farrias. Relating to high school graduation requirements for a student who is unable to participate in physical activity due to disability or illness. SB 527 by Fraser. Relating to projects funded through the Texas emissions reduction plan. HB 1162 by Hancock. Relating to the provision of notice to vacate to certain commercial tenants in an eviction suit. HB 1179 by Pitts. Relating to certification requirements for certain property tax professionals. HB 1795 by Aliseda. Relating to permits issued for moving certain oil well servicing or drilling machinery. HB 1887 by Villareal. Relating to the procedures for property tax protests and appeals. HB 2040 by Hamilton. Relating to critical incident stress management and crisis response services. HB 2337 by Gallego. Relating to the admissibility of certain statements made by a child in a juvenile justice or criminal hearing. HB 3314 by Carter. Relating to a requirement that an attorney ad litem appointed for a child file a statement with the court regarding the attorney ad litem's meeting with the child or other specified person. HB 3726 by Guillen. Relating to the private entity granted care and custody of the Alamo. HB 1859 by Hochberg. Relating to the applicability of architectural barrier standards.

THE CHAIR: The Chair declares those bills just read by the clerk to be finally passed by a record vote recorded on House Bill 34, with the understanding that a member may record a vote the journal clerk. Is there objection? Chair hears none. So ordered. The Chair -- The following bills on first reading and referral to -- Members, we're ready to take up the third readings on today's regular calendar. The Chair lays out SB 28 on final passage. The clerk will read the bill.

THE CLERK: SB 28 by Zaffrini. Relating to eligibility for a TEXAS grant and to administration of the TEXAS grant program.

THE CHAIR: The Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: This is the Texas grant reform bill and I move passage.

THE CHAIR: Members, you've -- The question occurs on final passage of Senate Bill 28. Is there objection? The Chair hears none. So ordered. It's a record vote, members. The clerk will ring the bell. Show Representative Branch voting aye. Have all voted? Have all voted? There being 136 ayes, 12 nays, 1 present not voting; House Bill 28 is finally passed. Oh, excuse me, Senate Bill 28 is finally passed. The Chair recognizes Representative Turner.

REPRESENTATIVE SYLVESTER TURNER: Thank you, Madam Speaker. Just a quick announcement: Today was San Jacinto Day, Queen Elizabeth II birthday, Catherine the Great's birthday; all, of course, pales in comparison to the birthday of Representative Helen Giddings out of Dallas. I was requested to sing, but my voice is wore out.

THE CHAIR: The Chair lays out on third reading Senate Bill 1226. The clerk will read the bill.

THE CLERK: SB 1226 by Hegar. Relating to the ballot language for junior college district annexation elections.

THE CHAIR: Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: Members, this bill we discussed yesterday changes ballot language on junior college annexations. I move passage.

THE CHAIR: The question occurs on final passage of Senate Bill 126. Is there objection? Chair hears none. So ordered. Record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays, 1 present not voting; the bill is finally passed. The Chair lays out reading of House Bill 115. The clerk will read the bill.

THE CLERK: HB 115 by McClendon. Relating to the creation of a commission to investigate convictions after exoneration and to prevent wrongful conviction.

THE CHAIR: The Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: We have an amendment. Mr. Zedler has an amendment to the

(inaudible).

THE CHAIR: The clerk will read the amendment.

THE CLERK: Amendment by Zedler.

REPRESENTATIVE BILL ZEDLER: Mrs. Speaker, members, all this does is it says that the open meetings and open records laws apply to this -- to this government, this commission.

THE CHAIR: Is there objection to consideration of the amendment? Chair hears none. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.

THE CHAIR: Is there anyone wishing to speak on, for, or against House Bill 115? Chair recognizes Representative Lewis to speak in opposition.

REPRESENTATIVE TRYON LEWIS: Thank you, Madam Speaker. Members, I realize the very good motives and the well intentioned motives of creating a commission for innocence, as this does. But I think it really has some bad effects. This deals with innocence or guilt of people. This commission would deal with identifying causes of wrongful convictions, ascertaining errors and defects in the law, identifying errors and defects in the criminal justice system; and it all has to do with matters that are best done in the judiciary. We have three equal branches. We have the the executive, the legislative and the judiciary, and these kinds of issues are best dealt through task-force, within the judiciary itself. If we don't do that, and we establish an independent commission outside the judiciary, what happens is we get politics. We get the same thing that's happened with the Forensic Examination Board that we've had. The commission that's recently got into the Willingham case and all of these politics. We have a method to handle this kind of issue we have. We have criminal justice integrity within the Court of Criminal Appeals. We have a task force on engines of defense, which Representative Gallego is now passing by bill to have that made into a commission, which does much of this same area. And so we have ways of doing it sort of outside politics and within the judiciary, to do much of the same territory. I notice also in this bill, the members can't be office holders. So we can't have district attorneys and we can't have even judges on this panel. So I think for those reasons, although I understand the good intention behind this bill, I think it's very important to not have a politicized process where advocacy groups can go and participate, and we just can do this within the judiciary as it should be done. And with all due respect to the Madam Chairman, I do rise in opposition to the bill.

THE CHAIR: Chair recognizes Ms. McClendon to close.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. I think you -- many of you were here when I had the persons who had been exonerated up on the dais. And they were humble men who had spent up to 30 years in prison for a crime they that they did not commit. All we are trying to do here is to put some kind of procedure in place so that we can investigate and examine those exonerated cases, so that we will not repeat that again. As I said yesterday, as God fearing Texans, for us to sit by and not do anything and say it's okay. And we say it's okay by our silence. That is not what this state is about.

REPRESENTATIVE PETE GALLEGO: Mr. Speaker?

THE CHAIR: Mr. Gallego, for what purpose?

REPRESENTATIVE PETE GALLEGO: Will the lady yield for a question?

THE CHAIR: Will the lady yield for a question?

REPRESENTATIVE RUTH JONES MCCLENDON: Yes, I will yield.

REPRESENTATIVE PETE GALLEGO: Ms. McClendon , like you I've -- Judge Louis, who was a district judge, indicates that we have a system in place. But that's the very system that allowed what -- we're up to 42 people who have been exonerated in the Texas Department of Criminal Justice? I think 42 or so now that are exonerated?

REPRESENTATIVE RUTH JONES MCCLENDON: That is correct.

REPRESENTATIVE PETE GALLEGO: And that system, that you propose, would not politicize it in that it would allow people to study the causes, is there changes that we need to do in the rules, which now the district judges don't really do. They hear the cases, but they don't really make proposals to change the rules of criminal procedure or to change, you know, the line ups, for example. Those are not recommendations that would normally come from the judiciary, because the judiciary doesn't usually involve itself in those decisions.

REPRESENTATIVE RUTH JONES MCCLENDON: That 's correct.

REPRESENTATIVE PETE GALLEGO: And so it's not a politicization of the process at all, it's an opportunity to get academicians and others to look. And I would point out were there any -- this was fairly -- it was very -- there was a consensus behind your bill on the Committee on Criminal Jurisprudence, and even Mr. Zedler, who has added some amendments, was supportive, I think. So it isn't a question of partisanship or politics, it's a question of finding ways to make our system better.

REPRESENTATIVE RUTH JONES MCCLENDON: And it's about doing the right thing. When you have people of the caliber of the Chief Justice of the Supreme Court, Mr. Jefferson, coming out very, very boldly and saying that this Innocence Commission should be created; that says a lot about what is happening in Texas.

REPRESENTATIVE PETE GALLEGO: And the last question I have, Ms. McClendon, is it is difficult to express -- would you not agree, how hard it is to meet these folks and for me, as chairman of the committee that oversees the Criminal Jurisprudence system, to apologize for the many years that they were not able to spend with their kids on an Easter-egg hunt, for the many years that they were kept away from their families; for all of this opportunity to make the system better I think is incredibly important. And I thank you for bringing the bill.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you.

THE CHAIR: The question occurs on final passage of House Bill 15. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 51 ayes, 91 nays, 2 present not voting; House Bill 115 fails to adopt. Chair lays out House Bill 3 on third reading to final passage. Clerk will read the bill.

THE CLERK: HB 3 by Thompson. Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.

THE CHAIR: Chair recognizes Ms. Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker, members, this is a bill we passed on yesterday and I move passage to third reading.

THE CHAIR: Is there anyone wishing to speak for or against House Bill 3? The question occurs on final passage of House Bill 3. This is a record vote. The clerk will ring the bill. Have all members voted? All members voted? There being 144 ayes, 0 nays, 2 present not voting; House Bill 3 now passes. Mr. Gallego, for what purpose?

REPRESENTATIVE PETE GALLEGO: Mr. Speaker, would you recognize me for a motion to spread House Bill 115 on the journal?

THE CHAIR: Not at this time, Mr. Gallego. Would you come forward and we'll visit about it, please? Chair lays out House Bill 5 on third reading and final passage and the clerk will read the bill.

THE CLERK: HB 5 by Kolkhorst. Relating to the Interstate Health Care Compact.

THE CHAIR: Chair recognizes Ms. Kolkhorst to explain the bill.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members, this is the compact that we discussed yesterday. Two points of clarification: Representative VCS had an amendment about having present the executive branch sign it. We did some research last night. Most or all of the compacts we researched did not have a (inaudible) clause. I wanted to clarify that. And, finally, Mr. Veasey asked me a question: Was this a shield for the Patient Protection and Affordable Care Act? I wanted to clarify that. This does put Texas lawmakers, if it's approved by Congress, this puts us making the rules for our health care. So did want to clarify that it does bring these decisions back to the State of Texas. So I wanted to clarify that and make sure we're on the record for that. I move passage.

THE CHAIR: Does anyone speak for or against House Bill 5? The question occurs on final passage of House Bill 5. This is a record vote. The clerk will ring the bell. Have all members voted? All members voted? There being 104 ayes, 41 nays, 2 present not voting; House Bill 5 finally passes. Chair lays out House Bill 234. The clerk will read the bill.

THE CLERK: HB 234 by Otto. Relating to liability for interest on ad valorem taxes on improvements that escaped taxation in a previous year.

THE CHAIR: Chair recognizes Mr. Otto.

REPRESENTATIVE JOHN OTTO: Thank you, Mr. Speaker. Members, I move to postpone consideration of House Bill 234, time certain being next Thursday, April 28th, at 10:00 a.m.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Madam Doorkeeper?

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

THE CHAIR: Admit the messenger.

MESSENGER: Mr. Speaker, I want to inform the House that the Senate has taken the following action. Has passed the following measures. Local --

THE CHAIR: Happy Easter. Chair lays out on second reading House Bill 255. The clerk will read the bill.

THE CLERK: HB 255 by Hildebrand. Relating to the enforcement of tax law providing a criminal penalty.

THE CHAIR: Chair recognizes Mr. Hildebrand.

REPRESENTATIVE HARVEY HILDERBRAN: Mr. Speaker, members, I move to postpone further consideration of House Bill 255 until time certain, that being May 3rd, at 9:00 a.m., 2011.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 290 on second reading. The clerk will read the bill.

THE CLERK: HB 290 by Jackson. Relating to the punishment for the offense of unemployment harmful to children.

THE CHAIR: Chair recognizes Mr. Weber.

REPRESENTATIVE RANDY WEBER: Thank you, Mr. Speaker. Members, this enhances the penalty for the offense of employment harmful to children, class A misdemeanor, felony of the third degree, (inaudible) when person is convicted of subsequent offense under the section. I move passage.

THE CHAIR: Do you have a question, Mr. Howard?

REPRESENTATIVE CHARLIE HOWARD: Parliament ary inquiry, Mr. Speaker.

THE CHAIR: State your inquiry.

REPRESENTATIVE CHARLIE HOWARD: I had a beautiful blue Easter egg, which was presented to me by Ms. Farrar this morning, and my blue Easter egg is missing. I wondered if someone happened to have taken it by mistake.

THE CHAIR: Members, if you have Mr. Howard's egg, would you please return it?

REPRESENTATIVE CHARLIE HOWARD: Thank you.

UNIDENTIFIED SPEAKER: Mr. Speaker, another parliamentary inquiry.

THE CHAIR: State your inquiry.

UNIDENTIFIED SPEAKER: Did Representative Howard just say a Representative Farrar laid an egg on his desk?

THE CHAIR: The Chair is not advised. Mr. Chisum, for what purpose?

REPRESENTATIVE WARREN CHISUM: Mr. Speaker, I understand there's an Easter egg hunt beginning in a few minutes on the front lawn. Maybe it's out there.

THE CHAIR: There's a very good chance, Mr. Chisum. The following amendment, the clerk will read the amendment. Back up, members. Is there anyone to speak for or against House Bill 290. Chair recognizes Mr. Weber to close.

REPRESENTATIVE RANDY WEBER: Thank you, Mr. Speaker. I move passage.

THE CHAIR: Members, you have heard the motion, Is there any objection? Chair hears none. Chair lays out House Bill 417. The clerk will read the bill.

THE CLERK: HB 417 by Anchia. Relating to provisions of notice regarding the limitation of attorney's fees for services provided in connection with making a wrongful imprisonment claim.

THE CHAIR: Chair recognizes Mr. Anchia to explain the bill.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker and members. This provides additional protections and notice for exonerees who are applying for compensation to the comptroller's office.

THE CHAIR: The following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Anchia.

THE CHAIR: Chair recognizes Mr. Anchia.

REPRESENTATIVE RAPHAEL ANCHIA: This first amendment is just a perfecting amendment from alleged counsel, based on their contingency bill that's moving through the process. It was confusing in the bill, so we just said draft it the way it is and we won't worry about it. And it's acceptable to the author.

THE CHAIR: The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. The following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Hartnett.

THE CHAIR: Chair recognizes Mr. Hartnett.

REPRESENTATIVE WILL HARNETT: Thank you, Mr. Speaker. Members, this amendment deletes the fixed dollar cap on the fees for legal services and just puts in it will be a reasonable amount.

THE CHAIR: The amendment -- Excuse me, the amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Anchia. Ms. Davis, for what purpose?

REPRESENTATIVE SARAH DAVIS: Will the gentleman yield for a question?

THE CHAIR: Will you yield, Mr. Anchia? Yes.

REPRESENTATIVE SARAH DAVIS: Representative Anchia, we had this discussion yesterday and I know that there was an amendment offered. But just to make sure, the legislative intent of this statute, does this bill relate solely to a fee that can charged for the completion of an application for compensation only?

REPRESENTATIVE RAPHAEL ANCHIA: Yes.

REPRESENTATIVE SARAH DAVIS: And that is a one page document?

REPRESENTATIVE RAPHAEL ANCHIA: From the comptroller's office, correct.

REPRESENTATIVE SARAH DAVIS: And if the comptroller denies that application and further legal action needs to be taken, perhaps (inaudible) Davis action, this bill does not address the attorney's fees that may be charged for any further legal action?

REPRESENTATIVE RAPHAEL ANCHIA: That is correct.

REPRESENTATIVE SARAH DAVIS: And when the use the word curer in this bill, that is not meant to encompass any action beyond completing the one page application and making any corrections that may need to be made on the application?

REPRESENTATIVE RAPHAEL ANCHIA: That's right. The term curer, my intent related to the term curer is if the comptroller's office returns the application, says it's incomplete or incorrect for some reason, that the applicant may cure that that defect in the application and send it back to the comptroller's office. It does not relate to a subsequent mandate

(inaudible) in order to compel the public official to act.

REPRESENTATIVE SARAH DAVIS: Thank you very much. And at this time I will move to have this exchange transcribed for -- and put into the journal.

THE CHAIR: Members, Ms. Davis moves to have the conversation be placed in the journal. Is there any objection? Chair hears none. So ordered. Is there anyone wishing to speak for or against House Bill 417? Mr. Anchia to close.

REPRESENTATIVE RAPHAEL ANCHIA: Move passage.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out House Bill 625 on second reading. Clerk will read the bill. Mr. Solomons? Clerk will read the bill.

THE CLERK: HB 625 by Solomons. Relating to notice of staff leasing company worker's compensation claim and payment information; providing an administrative violation.

THE CHAIR: Chair recognizes Mr. Solomons to explain his bill.

REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker and members. This bill solves really a current problem involving some companies under contract with staff leasing service companies that are unable to obtain their claims information from -- their Worker's Compensation information from the insurance company, and it's important for those companies to have all the data and I move passage.

THE CHAIR: Is there anyone to speak for or against House Bill 615? Mr. Solomons to close.

REPRESENTATIVE BURT SOLOMONS: I close.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 627. The clerk will read the bill.

THE CLERK: HB 627 by Woolley. Relating to a fee collected by a district clerk for certain electronic certified copies.

THE CHAIR: Chair recognizes Ms. Woolley to explain the bill.

REPRESENTATIVE BEVERLY WOOLLY: Mr. Speaker, members, 627 allows a district clerk to charge less than a dollar per page for certified copies. I move passage.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 707. The clerk will read the bill.

THE CLERK: HB 707 by Laubenberg. Relating to the validation of certain governmental acts and proceedings of certain municipalities relating to certain public improvement districts.

THE CHAIR: Chair recognizes Ms. Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: Thank you, Mr. Speaker. It's a technical clean up for a local district. Thank you. Move passage.

THE CHAIR: Anyone speak for or against? Members, you've heard the motion. So ordered. Chair lays out House Bill 782. The clerk will read the bill.

THE CLERK: HB 782 by Davis of Dallas. Relating to the requirement that certain bond issuers obtain an appraisal of property that is to be purchased with bond proceeds.

THE CHAIR: Chair recognizes Ms. Davis to explain her bill.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker and members, this is just an issue that deals with transparency, as much as bond sales. We have bond money that required (inaudible) and appraisal for property for funds. And I do have an amendment.

THE CHAIR: The following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Davis of Dallas.

THE CHAIR: Chair recognizes Representative Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you. This amendment just clarifies that we're not trying to impact the ability to sell bonds, but rather if bond money has been spent on property it needs to have an appraisal before we can do that. And that's what that amendment deals with. It's acceptable to the author.

THE CHAIR: The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Chair recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Members, I move passage.

THE CHAIR: Members, anyone wishing to speak for or against House Bill 782? Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 812 on second reading. The clerk will read the bill.

THE CLERK: HB 812 by Parker. Relating to the definition of peace officer for purposes of intercepting or collecting information in relation to certain communications in an investigation of criminal conduct.

THE CHAIR: Chair recognizes Mr. King of Parker.

REPRESENTATIVE PHIL KING: Mr. Speaker, members, this will pretty well change life in Texas as we know it. It changes the definition of Fire Marshal -- Peace Officer to include Fire Marshal in the code of criminal procedure. We did it in the local government code two years ago, and we missed this part. Move passage.

THE CHAIR: Anyone to speak for or against House Bill 812? Members, you've heard the motion. So ordered. Chair lays out on second reading House Bill 887. The clerk will please read the bill.

THE CLERK: HB 887 by Geren. Relating to registration of a motor vehicle alleged have been involved in a violation detected by a photographic traffic signal enforcement system.

THE CHAIR: Chair recognizes Representative Geren to explain the bill.

REPRESENTATIVE CHARLIE GEREN: Thank you, Mr. Speaker and members. As most of you know, we do have red light cameras in Texas. Currently, your tax assessor collector can prohibit you from registering your car if you have an unpaid red light camera ticket. This bill prevents the tax assessor collector from keeping you from registering your car if you have an unpaid a ticket. It does not take away the city's rights to sue you. And that is civil ticket, it doesn't affect any other kind of ticket. With that, I move passage.

THE CHAIR: Members, is there anyone else wishing to speak for or against House Bill 887? Question occurs on passage of House Bill 887 to third reading and engrossment. All those in favor say aye, all those opposed say nay. The ayes have it. House Bill 887 is passed to third reading and engrossment. Chair lays out House Bill 956 on second reading. The clerk will please read the bill.

THE CLERK: HB 956 by Marquez. Relating to state fire marshal's investigation of the death of a firefighter that dies in the line of duty or in connection with an on-duty incident.

THE CHAIR: Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: Mr. Speaker, members, I move to postpone House Bill 956 until a certain -- time certain, Wednesday, April 27th at 8:00 a.m.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 1052. The clerk will please read the bill.

THE CLERK: HB 1052 by Patrick. Relating to criminal background checks on users of online dating services and the disclosure of online dating safety and measures providing a civil penalty.

THE CHAIR: Chair recognizes Representative Patrick.

REPRESENTATIVE DIANE PATRICK: Mr. Speaker and members, I would like to postpone House Bill 1052 until a time certain (inaudible) and take up and consider Senate bill 488, which is over and eligible.

THE CHAIR: Members, the Senate Bill Companion to House Bill 1052 is over and eligible. Accordingly, the Chair lays out Senate Bill 488 and the clerk will read the bill. Chair lays out Senate Bill 488.

THE CLERK: SB 488 by Van de Putte. Relating to criminal background checks on users of online dating services and to disclosures of online dating safety measures, providing a civil penalty.

THE CHAIR: Chair recognizes Representative Patrick to explain the bill.

REPRESENTATIVE DIANE PATRICK: The Senate Bill 488 requires internet dating services (inaudible) of Texas to disclose whether a criminal history, background screens have been performed on its users. It does not require an internet dating site to perform background searches, it simply requires disclosure.

THE CHAIR: Is there anyone else wishing to speak on, for, or against Senate Bill 488? Hearing no one. The question occurs on passage to third reading and engrossment of Senate Bill 488. All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 488 passed to third reading. Chair lays out on second reading House Bill 1061 and the clerk will please read the bill.

THE CLERK: HB 1061 by Otto. Relating to the expiration of certain investment authority of the Teacher Retirement System of Texas.

THE CHAIR: Chair recognizes Representative Otto to explain the bill.

REPRESENTATIVE JOHN OTTO: Thank you, Mr. Speaker. Members, two sessions ago Representative and myself passed a bill that put some additional tools in the tool box of TRS. Everyone is aware of the type of return that this session now achieving as result of having those tools. In 2011 a Sunset date of September 1st, 2012, was placed on the utilization of these tools. All my bill does is extend that now out until 2019, when the agency is up for Sunset itself. I move passage.

THE CHAIR: The question occurs on passage to second reading and engrossment on House Bill 1061. Is there any -- Those who wish to speak for or against? Question occurs on passage of House Bill 1061 to third reading. All those in favor say aye. Those opposed say nay. The ayes have it. Representative Patrick moves to lay House Bill 1052 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair lays out House Bill 1089 on second reading. Clerk will read the bill.

THE CLERK: HB 1089 by Martinez Fischer. Relating to the authority of a county or municipality to require the removal of graffiti by a property owner.

THE CHAIR: Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker. Members, I was visiting with Representative Martinez Fischer and he had asked me to move to postpone the future consideration of House Bill 1089 until time certain, Tuesday the 26th, at 2:00 p.m.

THE CHAIR: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Chair lays out House Bill 1112 on second reading. The clerk will please read the bill.

THE CLERK: HB 1112 by Phillips. Relating to the authority and powers of regional mobility authorities.

THE CHAIR: Chair recognizes Representative Phillips to explain the bill.

REPRESENTATIVE LARRY PHILLIPS: Thank you, members. This is a clean up bill regarding regional billing authorities. There's eight of them around the state. We do have an amendment right here by Ms. Marquez on behalf of Mr. --

THE CHAIR: Chair lays out the amendment. The clerk will pleas read the amendment.

THE CLERK: Amendment by Pickett.

THE CHAIR: Chair recognizes Representative Marquez to explain the amendment.

REPRESENTATIVE MARISA MARQUEZ: Thank you, Mr. Speaker. Members, this amendment provides a board of directors for the regional mobility authority that is created by a municipality to consist of a governing body of the municipality. Currently, the City of El Paso is the only municipality to have created an army, so this is only applicable to El Paso. And I think it's acceptable to the author. Move passage.

THE CHAIR: Representative Weber?

REPRESENTATIVE RANDY WEBER: Yes, Mr. Speaker, will the gentleman yield for some questions?

THE CHAIR: Representative Weber, are you wanting to ask questions on the amendment we're needing to adopt or on the bill?

REPRESENTATIVE RANDY WEBER: On the bill.

THE CHAIR: All right. Allow us to adopt the amendment first. Members, Representative Marquez offers an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. The amendment is adopted. Excellent. Chair recognizes Representative Phillips to explain the bill.

REPRESENTATIVE LARRY PHILLIPS: Yeah, I would yield.

THE CHAIR: Representative Weber, the gentleman yields for your questions.

REPRESENTATIVE RANDY WEBER: Thank you, Mr. Speaker. Representative Phillips, I asked you about this bill here a couple of weeks ago. A couple -- several of my constituents have asked me about it. Just for legislative intent, I want to get it on the record. House Bill 1112 has nothing to do with Trans Texas Corridor, or resurrecting it or making that another viable concern?

REPRESENTATIVE LARRY PHILLIPS: We passed a bill earlier that Ms. Kolkhorst has, it has nothing to do with that. It has nothing to do with the type of entities that people have concerns with.

REPRESENTATIVE RANDY WEBER: Right. And let me just add and get your legislative intent as well. One of the other concerns that was raised in my district is that this bill would allow these kinds of bills to be made below the radar, so to speak, out of the sight of the public; that is not your intent, is that correct?

REPRESENTATIVE LARRY PHILLIPS: And there's -- Those kind of deals, whatever those deals are, are not -- it's hard to explain what deals are that you don't know what they're talking about. But that's not this legislation. This legislation deals with regional authorities. There's eight of them. And they have -- they're locally appointed boards. They have to meet with the public record -- open meeting and asks and everything else, but the rest of the agencies do.

REPRESENTATIVE RANDY WEBER: Okay. Mr. Speaker?

THE CHAIR: Representative Weber?

REPRESENTATIVE RANDY WEBER: I'd like to get our comments, our conversation reduced to writing and put in the journal.

THE CHAIR: Members, you heard the motion. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE RANDY WEBER: Thank you.

REPRESENTATIVE CHARLES PERRY: Mr. Speaker?

THE CHAIR: Yes, Mr. Perry, for what purpose?

REPRESENTATIVE CHARLES PERRY: Questions.

THE CHAIR: Representative Phillips, will you yield for questions?

REPRESENTATIVE LARRY PHILLIPS: I certainly do.

THE CHAIR: Gentleman yields for questions.

REPRESENTATIVE CHARLES PERRY: Representative, it's not a pro or against, it's just for information. I've got some people asking questions, too. A couple of concerns that were expressed to me was an oversight role that as we kind of go down this road and letting counties have more local control, which sounds like a positive thing, but we have a government appointment. So some of the local people are asking is that really local control? Some of their concerns was also with respect to being able to fund projects which holds multiple projects, so it's kind of like this perpetual funding system that never, ever catches up. Could you address a couple of those?

REPRESENTATIVE LARRY PHILLIPS: Yeah. These -- There are eight regional mobility authorities. They're appointed by commissioners, the governor appoints the chair. And that's how it's set up by legislation. So the local county commissioners appoint the members that are on these boards. All of the projects that have to be approved, or that are built, go through and have to be approved by the local metropolitan planning and also they have to be a part of the state plan. So there's not going to be a facility built that doesn't go through that same process, if another entity, say ETTA or others, would do it that way. So, you know, that's pretty local control. It allows them to work and coordinate and move projects that are needed in our -- across the state. Some of the them are in highly congested areas, some of them are in more rural areas. Lubbock does not -- This would not affect Lubbock.

REPRESENTATIVE CHARLES PERRY: Right. Is it a concern that they may be having revenue producing authority? In other words, bonding and any of those things? Does that enter into this without some state oversight?

REPRESENTATIVE LARRY PHILLIPS: They have to provide an annual audit and they have to abide by the laws that we have set out for those kinds of things. And so I don't see that as a concern, they have -- if they decide to build a facility that's a toll road, they have to go through and follow the laws that are required.

REPRESENTATIVE CHARLES PERRY: I appreciate that. You can appreciate, I think, people with what the history of transportation. They're just a little skeptical of these new things. Appreciate it. Thank you.

REPRESENTATIVE LARRY PHILLIPS: Thank you. I move adoption.

THE CHAIR: Is there anyone wishing to speak for or against House Bill 1112? Members, you've heard the motion. All in favor say aye, opposed say nay. House Bill 1112 passes. Ayes have it. Chair recognizes Mr. Hamilton for a motion.

REPRESENTATIVE MIKE HAMILTON: Members, I'd like to reconsider the motion -- as the -- and lay upon the -- lay on the journal SB 115 to let Representative Chairwoman McClendon explain her bill a lot better.

THE CHAIR: Mr. Gallego, for what purpose?

REPRESENTATIVE PETE GALLEGO: Mr. Speaker, parliamentary inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE PETE GALLEGO: Mr. Speaker, I believe that perhaps a lot of the members are not familiar with what it means to spread on the journal. So under rule 7, Section 44, the rule -- the motion doesn't require a vote; but what it does, once you've been recognized, is allow that member the courtesy of being able to finally dispose of that legislation on another day at another time, giving that member the opportunity to essentially explain the bill later, or talk to others about the bill. And it gives them an opportunity to -- It's essentially a courtesy that is extended to members from the membership to an individual member; is that correct?

THE CHAIR: That's correct, Mr. Gallego.

REPRESENTATIVE PETE GALLEGO: So there's no vote required, but it -- it's just extended as a courtesy to the membership?

THE CHAIR: That's correct, Mr. Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker.

THE CHAIR: Thank you, Mr. Gallego. Mr. Hamilton makes the motion to reconsider and spread on the journal. So ordered. Chair lays out. Excuse me -- Chair lays out House Bill 1168. The clerk will read the bill.

THE CLERK: HB 1168 by Miller. Relating to smoke alarms and fire extinguishers in residential rental units.

THE CHAIR: Chair recognizes Mr. Miller.

REPRESENTATIVE DOUG MILLER: Thank you, Mr. Speaker and members. This bill up dates the Texas Smoke Detector law for rental property to make the law consistent, state law consistent with the international fire code. There was no objection or opposition to this bill from any of folks that were consulted, and a lot of development groups were involved.

THE CHAIR: Members, is there anyone wishing to speak for or against House Bill 1168? Members, you've heard the motion. All in favor say aye, all opposed? The ayes have it. House Bill 1168 passes to third reading. Chair lays out House Bill 1435. The clerk will read the bill.

THE CLERK: HB 1435 by Elkins. Relating to the participation by a taxing unit in a suit to compel an appraisal review board to order a change in an appraisal roll.

THE CHAIR: Chair recognizes Mr. Elkins.

REPRESENTATIVE GARY ELKINS: Thank you, Mr. Speaker. I'd like to postpone consideration on House Bill 1435 to a time certain, Thursday, April 28th, at 10:00 a.m.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 1103. Clerk will read the bill.

THE CLERK: HB 1103 by Lucio. Relating to the payment of a fee as a required condition of community supervision for certain criminal offenses involving animal cruelty.

THE CHAIR: Chair recognizes Mr. Lucio to explain the bill.

REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker, members, this bill simply allows the judge to assess a hundred dollar fine for those who commit the following offenses. Cruelty to livestock animals, attack on assistant animal, cruelty to long livestock animals and dog fighting. I move passage.

THE CHAIR: Anyone wishing to speak for or against House Bill 1103? Members, you've heard the motion. All in favor say aye. All opposed say no. The ayes have it. So ordered. Chair lays out HB 1449. The clerk will read the bill.

THE CLERK: HB 1449 by Guillen. Relating to certain right-of-way easements on land owned by Parks and Wildlife Department.

THE CHAIR: Chair recognizes Representative Guillen to explain the bill.

REPRESENTATIVE RYAN GUILLEN: Thank you Mr. Speaker. Members, House Bill 1449 would streamline the process for granting certain easements across Texas Parks and Wildlife property. Parks and Wildlife receives a number of requests for easements across department property. Examples are a request for permission to construct a utility line or a roadway across a state park, a wildlife management area or a historic site. Under the current process, requests for utility and road easements on Parks and Wildlife land are typically filed with the board for lease. The board for lease then requests a recommendation from the Parks and Wildlife Department. A recommendation by the department then goes to the Parks and Wildlife Commission for approval, which is then sent back to the board for release. Who then has to meet formally to approve the recommendation. HB 1499 streamlines that process by allowing that person to go to one agency rather than two for an easement. I move passage.

THE CHAIR: Is anyone wishing to speak for or against House Bill 1449? Members, you've heard the motion. All in favor say aye, all those opposed, nay. The ayes have it. Chair lays out House Bill 1523. The clerk will read the bill.

THE CLERK: HB 1523 by Phillips. Relating to the offence of transporting household goods without registration; providing a penalty.

THE CHAIR: Chair recognizes Mr. Phillips. Look out, driver, he's going to run over you.

REPRESENTATIVE LARRY PHILLIPS: Thank you, Mr. Speaker. Members, I apologize. The -- This is a household mover bill and what it does is it allows -- it increases the penalties after the first conviction. Currently it's like Class C, and we're moving it up to protect those -- Again, this is the result, because there will be movers out there who are going to say they're going to charge you X number of dollars, they take your goods and then they say you've got to pay more before you get your goods back. They've had a problem enforcing these, because the Class C misdemeanor just doesn't do enough. It's just a ticket. I would move passage.

THE CHAIR: Is there anyone wishing to speak for or against House Bill 1523? Members, you've heard the motion. All those in favor say aye. All opposed, nay. The ayes have it. Chair lays out House Bill 2793. The clerk will read the bill.

THE CLERK: HB 2793 preponderance by

(drop) relating to proceeding fee charge ample

(inaudible) device.

THE CHAIR: Chair recognizes Mr. Opportunity to explain the bill.

REPRESENTATIVE TODD HUNTER: This bill deals with check charges and it keeps it up to $30.

THE CHAIR: Members, is there anyone wishing to speak out for or against House Bill 2793? Members, you've heard the motion. All in favor say aye. All those opposed say nay. The ayes have it. Chair lays out House Bill 1666. The clerk will read the bill.

THE CLERK: HB 1666 by Castro. Relating to the prosecution of the offense of online harassment.

THE CHAIR: Chair recognizes Mr. Castro. Chair recognizes Mr. Castro. Chair recognizes Mr. Gallego for Mr. Castro.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. House Bill 1686 essentially does something about the targeted online harassment problems on social network sites like Craig's List. I move passage.

THE CHAIR: Is there anyone wishing to speak for or against -- Oh, excuse me. There's some amendments. Clerk read the amendment.

THE CLERK: Amendment by Carter.

THE CHAIR: Chair recognizes Mr. Gallego -- Oh, Chair recognizes Ms. Carter.

REPRESENTATIVE STEFANI CARTER: Thank you, Mr. Speaker. Members, this amendment simply changes the title of the section to more accurately represent reflect the nature of the offense, from online harassment to online impersonation. The amendment is acceptable to the author and I move adoption.

THE CHAIR: The amendment's acceptable to the author. Is there any objection? Chair hears none. Chair recognizes Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. I move passage.

THE CHAIR: Members, anyone wishing to speak for or against House Bill 1666? Members, you've heard the motion. All in favor say aye, all those opposed say nay. The ayes have it. Chair lays out the House Bill 1711. The clerk will read the bill.

THE CLERK: HB 1711 by John Davis of Harris. Relating to disaster remediation contracts providing penalties.

THE CHAIR: Chair recognizes Mr. Davis of Harris.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker. Members, this is consumer protection bill that improves access to reliable, responsible disaster remediation contractors in the State of Texas. And I have an amendment.

THE CHAIR: The following amendment. The clerk will read the amendment.

THE CLERK: Amendment by John Davis of Harris.

THE CHAIR: Chair recognizes Mr. Davis to explain the amendment.

REPRESENTATIVE JOHN DAVIS: And Mr. Speaker, members. What this does, this excludes the contractors that have been in that county for a year from this.

THE CHAIR: Members, the amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Davis.

REPRESENTATIVE JOHN DAVIS: Move passage.

THE CHAIR: Is there anyone wishing to speak for or against House Bill 1711? Members, you've heard the motion. All in favor say aye, opposed nay. The ayes have it. Chair lays out House Bill 1750. Clerk will read the bill.

THE CLERK: HB 1705 by Darby. Relating to the authority of the Texas Department of Transportation to lease and contract for the operation of rolling stocks in certain emergencies.

THE CHAIR: Chair recognizes Mr. Darby.

REPRESENTATIVE DREW DARBY: Thank you, Mr. Speaker. Members, this simply allows TexDOT to lease and contract the use and transport of rail cars for emergency transportation of grain and perishable grown product in a timely manner. And I have an amendment.

THE CHAIR: The following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Darby.

THE CHAIR: Chair recognizes Mr. Darby.

REPRESENTATIVE DREW DARBY: This amendment simply states that the Department can recover the state funds used by the department to implement this section. And I move passage.

THE CHAIR: Members, the amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Chair recognizes Mr. Darby.

REPRESENTATIVE DREW DARBY: Move passage.

THE CHAIR: Is there anyone to speak for or against House Bill 1705? Members, you've heard the motion. All in favor say aye. Opposed, nay. The ayes have it. Chair lays out House Bill 1890. The clerk will read the bill.

THE CLERK: HB 1890 by Fletcher. Relating to the offense of prohibited barratry and solicitation and liability for contingency fee, contract for legal services in an attorney general's prosecution have certain defenses.

THE CHAIR: Chair recognizes Mr. Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker, members, I move to postpone for further consideration House Bill 1890 until time certain, Thursday, April 28th at 8:00 a.m. central time.

THE CHAIR: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Members, the speaker's desk is clear. If you have any announcements, please bring them forward. Representative Kuempel will be dressed as a rabbit at the Easter egg hunt, so please make sure that you give him a lot of grief about that. Chair recognizes Mr. Hardcastle for a fire report.

REPRESENTATIVE PATRICIA HARLESS: Thank you, Mr. Speaker. Members, we actually had rain last night in three of the counties that have been struck the worst by fire. Several of the counties are still under danger. And the Forest Service, just so you'll be looking for the email over the weekend, the Texas Forest Service has an account that they -- that they set up the last time we had this kind of disaster. And my office will email you that account and that way you can either specify your money to a specific area, or fire department, or it can go in the general fund to help pay these volunteer fire department's gas bills and tires and wear and tear. Yes. And the email will be in English, Mr. Branch. So we're getting closer to being out of the woods. Thank you, Mr. Speaker.

THE CHAIR: Members, has anyone found Mr. Howard's egg? The following committee announcements, the clerk will read the announcements.

THE CLERK: The Committee on Calendars will meet on final adjournment on April 21st, 2011, at 1W.14. This will be a formal meeting to consider calendar. The Committee on Ways and Means will meet on final adjournment on April 21st, 2011, in the House Chamber at Desk No. 9. This will be formal meeting to consider pending business. The Committee on Public Health will meet upon final adjournment of the House on April 21st, 2011, at desk No. 90 in the House chamber. This will be a formal meeting to consider pending business.

REPRESENTATIVE DAN BRANCH: Mr. Speaker? Mr. Speaker?

THE CHAIR: For what purpose, Mr. Branch?

REPRESENTATIVE DAN BRANCH: Parliamentary inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE DAN BRANCH: Mr. Speaker, would it be fair to say that Mr. Howard has no huevo?

THE CHAIR: The chair is not advised. The following bills on reading and referral.

THE CLERK: HB 3858 by Thompson. Relating to the jurisdiction of a county criminal court of law in Harris County. Referred to the Committee on Jurisprudence. HB *158 by Kleinschmit. Proposing a constitutional amendment releasing the state claim of ownership or title to certain land in Lane County. To the Committee on Land and Resource Management.

THE CHAIR: Members, Ms. Kolkhorst moves that the House stands adjourned until 11:00 a.m. Tuesday, April 26th, 2011, in memory of all the brave Texans who fought at the battle of San Jacinto 175 years ago. Happy Easter, members.

(The House stands adjourned).