House Transcript, April 26, 2011

Welcome to the 82nd Session of the Texas House of Representatives.

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

REPRESENTATIVE JOHN GARZA: Good morning, members, guests in the gallery. I've got lot of women in my life, and I wouldn't say that if my wife wasn't up in the gallery. And the pastor that is here today is another woman in my life. I've got actually nine, and if you count my office staff here in San Antonio, that's eleven. So if you wonder why I cry a lot, that's the reason. But this woman is an example of miracle working power of God. It was over a year ago when we were running our race that she was the recipient of a heart transplant at the same time that my oldest daughter had a high-speed collision, and I had her and my oldest daughter in the hospital at the same time. My lovely wife, up in the gallery, would go up to her room to make sure she was recuperating from her transplant, and going down to my daughter's room. And the miracle of today, almost a year ago, is that both of them are a hundred percent healed and walking. And this is the tenth month of her anniversary of her transplant. But Pastor Dot de la Rosa is the senior pastor of the Church Triumphant in San Antonio. She is our first woman pastor for this session. She's been pastoring twenty-five years. She's a graduate of International Bible Study. She's founded two churches that we've had the privilege of being involved in and elderring over. She started many ministries and helped others start their ministries. In fact, at our church in the south side of San Antonio, we have several other ministers that conduct services there. We also have the elderly and other ministries. She's ministered under the bridge to the homeless; it just goes on and on. And her healing from pulmonary fibrosis is also another miracle. She also meets with a group periodically that have all been successful transplant receivers. So it's been ten months, but she's a miracle. She's doing great. She continues to amaze her doctors. She's actually my sister-in-law and one of the most important women in my wife's life. So I want to introduce Pastor Dot de la Rosa as the Pastor of the Day, and to lead us in prayer this morning. Thank you.

PASTOR OF THE DAY: Good morning. Good morning. Speaker of the House, Honorable Straus, House of Representatives, my family, my friends and all in attendance; thank you so very much for allowing me the privilege of being here with you, fine people, today. I thank God for all of you. And you all must know that our church prays for you, your families, our governor, Rick Perry; as he has now requested in proclamation, to pray for rain. And we will continue to until rain comes. And, of course, our President, our state, our country; we pray for you every week and We have you in our bulletins. Especially, I would like to thank my brother-in-law and my state rep for allowing me to be a part of his life now, as he has also been a part of my life for thirty-one years. He's been a great husband to my sister, a wonderful father to my nephews and nieces, and an even greater grandfather to his grandchildren. But, mostly, he's has been a Godly role model and a true man of integrity for me, my family, our community; and I -- we are so very proud of him and we love you John. Let us pray. Heavenly Father, we come to you this morning to acknowledge you in all of our ways, trusting that you will direct our very paths and decisions. You say in your word that my people, who are called by my name, would humble themselves and pray and seek your face and turn from their wicked ways. You will hear from heaven and forgive our sins and restore and heal our land. Father, I ask you today, and every day, that you will heal our land and restore us once again to be even greater state. Lord, to be that nation once again that was in great prosperity, and was the envy of the world. That you would so unite us to be as one, as you and the Father are one, as you have always intended it to be. Father, we are praying in obedience to our governor's plea for rain. We ask, Lord, just like Elijah in James 5:17, He was as human as we are, yet when he prayed earnestly that no rain would fall, none fell for three and a half years. And when he prayed again, the sky sent down the rain and the earth began to yield its crops. May we, like Elijah the prophet, hear a mighty rain storm coming, as he did. And even when he sent his servants to look out toward the sea, and when at first he returned he said I didn't see anything, yet seven times, yet seven times, Elijah told them, go back and look. Finally, the seventh time, his servant told him I saw a small cloud about the size of a man's hand rising from the sea. Oh, Lord, we come to you, the omnipotent one, that God that we rely upon, the God that we depend upon, yes, the God that we count on; is there anything too hard for you to do? Of course not. For, with you, all things are possible. Father we are desperate and in need of solutions for our cities, our state and our country. So we come, I come, to plead on behalf of your nation to open up the Heavens, to hear from heaven, the cries of your people, the cry for wisdom, knowledge and understanding from our wonderful House of State Representatives that you have called, by your name, to help our cities and our state and, hopefully, our country; to be lifted from this time of financial crisis and important deadlines and decisions that must be made today. Lord, I, we, the people, cannot begin to understand the pressure and the burdens that are laid upon the shoulders of these fine men and women; yet we look to them for answers, for solutions, for help. And they look to you. For you alone are God, and are all knowing, and promise to never leave us, nor forsake us. So we come to you, the source of all, to guide and to bless, to strengthen and to uphold these, your chosen few, to represent our state for such a time as this. Please give them the confidence that they each need, every minute of every day, and every day of every week, and every week of every month, and every month of every year to know that you are with them. They are not alone. I ask for you to again unite them as one, for where there is unity there is power. And we have power, mountains can then be moved. And you have entrusted each and every one of them with a power of a voice for your people; their people, the people of our great State of Texas. Thank you again, Dear Lord, for hearing our prayer. We know that we would not be here without you, nor for the love and the support of the families, friends and neighbors. Thank you for giving them good health, great marriages, blessed children and grandchildren. Protect them from all evil, bless them with prosperity, peace, joy and love all the days of their lives; knowing they have purpose and have made a difference for such a time as this. We ask all this in the mighty name of Jesus Christ, Our Lord and Savior. Amen.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Price to lead us in the pledge. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Mr. Speaker. Members, guests in the gallery, please join me as we recite our pledges of allegiance to our nation and our state.

(Pledges to the U.S. and the Texas Flag).

REPRESENTATIVE JOE STRAUS: Representative Price moves that the House suspend the reading and referral of bills until the end of today's business. Is there any objection? The Chair hears none. So ordered. Chair recognizes Representative Miller to introduce the Doctor of the Day.

REPRESENTATIVE DOUG MILLER: Mr. Speaker and members, I'm honored to have one of my constituents from (inaudible) Texas with us today, the Doctor of the Day is Jeffrey Edwards. He has offices of Surgical Medical Clinic in my hometown of Stephenville, Texas. He's a graduate of Washington School of Medicine in Seattle. He's had is family practice residency in Boise, and he is currently the Chief of Staff at the Texas Health Harris Medical Hospital in Stephenville. Ladies and gentlemen, our Doctor of the Day. Thank you.

THE SPEAKER: Chair recognizes Representative Howard.

REPRESENTATIVE CHARLIE HOWARD: Thank you, Mr. Speaker. I would like to suspend all necessary rules to take up House Resolution 929 commemorating the one hundredth anniversary of the founding of the Republic of China and Taiwan.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. Chair lays out House Resolution 929. Clerk will read the Resolution.

CLERK: HR 929 by Howard of Fort Bend. WHEREAS, Proud Texans of Chinese descent are joining with ethnic Chinese across the nation and around the world to celebrate the centennial of the Republic of China in Taiwan; and WHEREAS, On January 1, 2011, a coalition of individuals and organizations in Texas known as the ROC-Taiwan Double Ten Centennial Celebration Committee held an inaugural event to kick off a yearlong celebration of the founding of the republic; among its highlights will be the observance of the Republic of China National Day on October 10, also known as Double Ten Day, the event commemorates the uprising in the city of Wuchang on that date in 1911, which led to the overthrow of the Manchu Dynasty; and WHEREAS, The success of that revolt led to the founding of the Republic of China by Dr. Sun Yat-sen on January 1, 1912; one of the preeminent figures in Chinese history, Dr. Sun played an instrumental role in leading his nation from thousands of years of monarchy to a state founded on modern principles of political philosophy; and WHEREAS, Throughout its history, the Republic of China in Taiwan has distinguished itself among the nations of the world with its extraordinary progress in business, industry, and education which has enabled its citizens to enjoy a prosperous life in an open society; the republic has in common with the United States a commitment to free markets, democracy, and civil liberty, as well as the desire to expand cooperation and mutual understanding; and WHEREAS, By commemorating this milestone in the history of a great nation, the members of the ROC-Taiwan Double Ten Centennial Celebration Committee honor not only the ideals of Dr. Sun Yat-sen and his commitment to freedom but also a common heritage of incomparable richness that is shared by all people of Chinese descent; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commemorate the centennial of the founding of the Republic of China in Taiwan and extend to the members of the ROC-Taiwan Double Ten Centennial Celebration Committee sincere best wishes for a successful anniversary year; and, be it further RESOLVED, That an official copy of this resolution be prepared for the members of the committee as an expression of high regard by the Texas House of Representatives.

THE SPEAKER: Chair recognizes Representative Howard.

REPRESENTATIVE CHARLIE HOWARD: Members, allow me to welcome a guest with us today who represents Taiwan and stands for democracy. We have with us today on the stage, Joseph Chan, Director General of Taipei; Edward Chan, director of political section at Taipei Economic Culture in Houston; Wayen Wang* the director of the Taipei Economic Office in Houston; Margaret Chang* the commissioner of Overseas Patriot Affairs Commission, William Yay* lead chairman of the Centennial Celebration Committee in Houston, and Emily Dadar*, from the Centennial Celebration Committee of Austin. And Representative Button is here with me to say a word as one of our esteemed members.

THE SPEAKER: Chair recognizes Representative Button.

REP. ANGIE CHEN BUTTON: Thank you, Mr. Speaker and members. Ladies and gentlemen, from my charming English you know that I was not lucky enough to be born in this country, in this great state. But, I was lucky enough to be born in a beautiful island in Taiwan, grew up in a free, democratic society. And I'm so proud of being a member of the House. And there are several friends on the stage, and I would like to welcome them to visit with us. And, one again, I'm proud to be born in Taiwan. And I'd like to add all members' names to the resolution.

THE SPEAKER: Chair recognizes Representative Howard.

REPRESENTATIVE CHARLIE HOWARD: Members, I move passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Representative Button moves to add all members' names to the resolution. Is there any objection? Chair hears none. Chair recognizes Representative Lyne.

REPRESENTATIVE LANHAM LYNE: Mr. Speaker, I move to suspend all rules to take up House Resolution 1490.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Chair lays out House 1490 and asks the clerk to read the caption.

CLERK: HR 1490 by Lyne. Congratulating Ronny London on his retirement as executive director for the boys and girls club of Wichita Falls.

THE SPEAKER: Chair recognizes Representative Lyne.

REPRESENTATIVE LANHAM LYNE: Mr. Speaker and members, I move passage.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair announces the signing of the following in the presence of the House:

CLERK: HB 612. HB 613. HCR 120. HCR 134. HCR 136.

THE SPEAKER: Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: Members, please listen up because I have something special in my hands here from the Senate. This is for SCR Number 43 and SCR Number 44. Members, I move passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following Senate Resolutions: SCR 43 and SCR 44.

CLERK: SCR 44 by Whitmire. Granting the legislature permission to adjourn for more than three days during the period beginning on Wednesday, April 21st, 2011, and ending on Tuesday, April 26th, 2011. SCR 43 by Fraser. Celebrating the fiftieth anniversary of the C-130 Hercules aircraft at Dyess Air Force Base.

THE SPEAKER: Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: I'm sure that everybody is going to agree on third end but the other end you got to use your own judgment if you want passage. Members, I move passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, it's the Chair's intention to break for lunch at 11:30 and take up the local calendar promptly at 1:00 p.m. Members, if you have any committee hearings you would like to bring up during the lunch break, please bring them down front. Members, the purpose of the lunch break is to allow the ninety eight members responding to the Governor's invitation for the legislative ladies -- honoring the legislative ladies that are members of the Texas House, to attend the luncheon. Members, if you have any announcements bring them down in front. Chair recognizes Representative Ruth McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. Members, the Rules and Resolutions Committee, we will have a formal announcement in just a few minutes, but please be on guard that we are going to meet during the lunch recess. It will not take long. If you get there, we can finish, we can go on to other meetings that we have to go to. Thank you.

THE SPEAKER: Mr. Jackson on the floor of the House. Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. I move for the Committee on Rules and Resolutions to meet upon lunch recess, which will be in about four minutes, today in the Agriculture Museum, 1W14, for a formal meeting.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. Following announcement. The clerk will read the announcement.

CLERK: The Committee on Rules and Resolutions will meet on lunch recess on April 26th 2011, at 1W.14. This will be a formal meeting to consider the Congratulatory and Memorial Calendar.

THE SPEAKER: Chair recognizes Representative McClendon for a motion.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. I move to set the Congratulatory and Memorial Calendar for this Thursday, April 28th, at 10:00 o'clock a.m.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. Members, if you haven't got a chance to drop by Mr. Larson's desk, there is a lovely picture with him and actress Eva Longoria that you might want to look at and be envious of, members. Boy. And so does Mr. Guillen. Representative Guillen has one, also. Members, we are waiting for one more group to get here so just hang tight for a minute. Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. I request permission for the Committee on Criminal Jurisprudence to meet while the House is in session at 2:00 p.m. today, which is the 26th, in room 3W9.

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

CLERK: The Committee on Criminal Jurisprudence will meet at 2:00 p.m. today, April 26th, 2011, in room 3W.9. This will be a formal meeting to consider pending business.

THE SPEAKER: Chair recognizes Representative Miller of Comal for an announcement or a recognition.

REPRESENTATIVE DOUG MILLER: For a recognition, yes. Thank you, Mr. Speaker. I would like to take this opportunity to recognize a group of young individuals that have come to join us today. This is their day off from high school. They are seniors at Smithson Valley High School. They could be anywhere, but they have chosen to come and be at their Capitol in Austin, to learn more about government and how this House operates. And so I'd like to take the opportunity and ask everyone to please give a big round of applause. If they would stand up, they are in the south side of the gallery here, from the Smithson Valley Young republican Club. And thank y'all for coming. Congratulations. And hope you have a good graduation in about thirty five days.

THE SPEAKER: Members, there's no more further announcements? If not, the House will stand in recess until 1:00 p.m., promptly.

(The House stands in recess until 1:00 p.m.)

THE SPEAKER: House will come to order. The Chair recognizes Representative Landtroop.

REPRESENTATIVE JIM LANDTROOP: Thank you, Mr. Speaker and members. I move to suspend all necessary rules and resolutions to take up HCR Number 74.

THE SPEAKER: Members, you've heard the motion. Is there any objection? So ordered. Clerk will read the bill.

CLERK: HCR 74 by Landtroop. WHEREAS, Pregnancy care centers serve women in Texas and across the United States with integrity and compassion; and WHEREAS, Today, more than 2,500 pregnancy care centers around the country provide comprehensive care to women and men facing unplanned pregnancies; these facilities offer resources to meet physical, psychological, emotional, and spiritual needs, including such free services as pregnancy tests, confidential peer counseling, 24-hour telephone hotlines, childbirth and parenting classes, and referrals to community, health care, and other support services; and WHEREAS, Many medical pregnancy care centers offer ultrasounds and other forms of medical attention; in addition to information on adoption and adoption referrals, other resources are provided for women who choose childbirth over abortion, and pregnancy care centers encourage women to make positive life choices by equipping them with complete and accurate information regarding their pregnancy options and the development of their unborn children; the centers promote infant health by ensuring that expectant mothers receive prenatal information and appropriate services; and WHEREAS, Among other services, pregnancy care centers may provide grief counseling for women and men who regret past choices they have made; the mission of a pregnancy care center may also encompass the teaching of abstinence education in public schools in order to prevent unplanned pregnancies; and WHEREAS, Pregnancy care centers rely primarily on the generosity of donors and volunteers who are committed to meeting the needs of women and promoting and protecting life; at the same time, federal and state governments have increasingly come to recognize the value of the services provided by these centers and to designate public funds to support their efforts; and WHEREAS, In the Lone Star State and across our nation pregnancy care centers have a considerable and growing positive impact, and it is indeed fitting to honor their contributions; now therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby recognize pregnancy care centers for their vital endeavors and commend all those associated with these facilities for their dedication.

THE SPEAKER: Chair recognizes Representative Landtroop.

REPRESENTATIVE JIM LANDTROOP: Thank you, Mr. Speaker. Today we are joined by Representatives of pregnancy care centers throughout all of Texas. By providing a high level of care for individuals, these centers perform vital services for the people of our state. They are the ones on the front lines in the effort to save unborn human lives. This is dear to my heart. The Compassionate Pregnancy Care Center in Plainview, my wife serves on the board for that facility, and I truly believe on the positive effect that community has in our community. I know they have had a busy day in the Capitol, but I believe there are some members of the Pregnancy Care Center community here with us today, so I would ask you to stand. And, members, I would ask you to join me as we commend them for their work and welcome them to the Texas House of Representatives. Mr. Speaker, I move passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker. Members, I'm not going to read the entire fire report today, but we are over eighty percent contained on fires. We still have a couple of them that burned into the canyon country, where we can't do a normal clean up after they are over, so they are still sitting there and smouldering and waiting for the wind to blow again. As of Friday, we have lost two hundred and fifty eight homes, over two hundred other structures, at least four churches that we know of; and something over a million, eight hundred thousand acres in this state to wildfire. So we are still under an extreme draft, including Travis County, nearly every part of the state is under extreme draft. So I just wanted to give you a little update on where we are today, waiting for the next big rain. Thank you, Mr. Speaker.

THE SPEAKER: Members, we are first going to take care of a little housekeeping. Because we did not recess, we are going to move to suspend all the -- Hold on a minute. I move to suspend all necessary rules and the Constitutional rule requiring bills to be read on three several days and replace the bills on today's Local Consent and Resolution Calendar on third reading and final passage as -- after we complete second reading. Is there objection? Members, this requires a record vote. Mr. Burnam, for what purpose?

REPRESENTATIVE LON BURNAM: Parliamentary inquiry.

THE SPEAKER: State your inquiry.

REPRESENTATIVE LON BURNAM: Would you restate on what we are going to be voting on and why we are doing it?

REPRESENTATIVE BEVERLY WOOLLEY: This allows us to pass the Local and Consent bills, second and third reading, today.

REPRESENTATIVE LON BURNAM: Okay. Thank you.

REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. It is a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? There being a 143 ayes and 1 nay, and 2 present not voting; the motion passes. Members, we are now ready to begin consideration of a Local and Consent Calendar. Please be ready if you have any bills on the calendar. The Chair recognizes Representative Flynn to explain House Bill 78.

REPRESENTATIVE DAN FLYNN: Thank you, Madam Speaker. And, members, House Bill 78 supports the Texas Parks and Wildlife General Department in purchasing food for training events.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection in consideration of House Bill 78? The chair hears none. The clerk will read the Bill.

CLERK: HB 78 by Flynn. Relating to the purchase of food and beverages by certain state law enforcement agencies for peace officer training functions.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 78 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Laubenberg to explain House Bill 143.

REPRESENTATIVE JODIE LAUBENBERG: As a

(inaudible) to the gold star license plate.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 143? Chair hears none. The clerk will read the bill.

CLERK: HB 143 by Laubenberg. Relating to the issuance of specialty license plates to certain family members of a person who dies while serving in the United States Armed Forces.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 143 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative White to explain House Bill 232.

REPRESENTATIVE JAMES WHITE: Yes. Thank you, Madam Speaker. This bill provides deep restriction relief for citizens of Trinity County.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 232? Chair hears none and lays out House Bill 232. The clerk will read the bill.

CLERK: HB 232 by White. Relating to the amendment of restrictions affecting real of property in certain subdivisions.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative White.

REPRESENTATIVE JAMES WHITE: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage of House Bill 232 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative King to explain House Bill 267.

REPRESENTATIVE KING: Members, this relates to Mr. Hilderbran's bill that relates to the schedules of governing certain entities and University of Texas system move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion of House Bill 267 is over and eligible. Accordingly, the Chair lays out Senate Bill 873. The clerk will read the Bill.

CLERK: SB 873 by Duncan. Relating to the rate and damage schedules governing certain easements or other interests in the land of The University of Texas System.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative King.

REPRESENTATIVE KING: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill -- No, excuse me, of Senate Bill 873 to third reading. Is there any objection? Chair hears none. so ordered. Chair recognizes Representative Hilderbran to -- Representative Hilderbran moves to lay HB 267 on the table subject to call. Is there any objection. Chair hears none. So ordered. The Chair recognizes Representative Fletcher to explain House Bill 343.

REPRESENTATIVE ALLEN FLETCHER: Madam Speaker and members, House Bill 343 addresses acts involving peace officers --

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 343? Chair hears none and lays out House Bill 343. The clerk will read the bill.

CLERK: HB 343 by Fletcher. Relating to the reporting and recording of a motor vehicle accident involving an official vehicle driven by a peace officer, firefighter, or an emergency medical services employee in the course of official duties.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 343 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain House Bill 398.

REPRESENTATIVE JIM JACKSON: Madam Speaker and members, House Bill 343 simply corrects the -- error from last session that put the contract workers at schools into their own sections.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 398? The Chair hears none and lays out House Bill 398. The clerk will read the bill.

CLERK: HB 398 by Jackson. Relating to the eligibility of employees convicted of certain offenses to provide services under a contract with a public school.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Jackson.

REPRESENTATIVE JIM JACKSON: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 398 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gallego to explain House Bill 713.

REPRESENTATIVE GALLEGO: 713 relates to the (inaudible).

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection -- Members, the Senate Companion to House Bill 713 is over and eligible. Accordingly, the Chair lays out Senate Bill 605. The clerk will read the bill.

CLERK: SB 605 by Rodriguez. Relating to the creation of an appellate judicial system for the Eighth Court of Appeals District.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection in the consideration of Senate Bill 605? Chair hears none. And lays out Senate Bill 605. Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of Senate Bill 605 to third reading. Is there any objection? Chair hears none. So ordered. Representative Gallego moves to lay House Bill 713 on table subject to call. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Fletcher to lay out House Bill 718.

REPRESENTATIVE ALLEN FLETCHER: Madam Speaker and members, House Bill 718 prohibits individuals from disrupting funerals.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 718? Chair hears none and the clerk will read -- and lays out House Bill 718. The clerk will read the bill.

CLERK: HB 718 by Fletcher. Relating to the period in which a person commits the offense of funeral service disruption.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of House Bill 718 to third reading. Is there any objection? The Chair hears none. So ordered. Chair recognizes Representative Kuempel to explain House Bill 788.

REPRESENTATIVE JOHN KUEMPEL: Thank you, Madam Speaker. House Bill 788 authorizes the private -- organization designated as the (inaudible).

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 788? Chair hears none and lays out House Bill 788. The clerk will read the bill.

CLERK: HB 788 by Kuempel. Relating to the establishment and use of a private family cemetery by certain organization.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Kuempel.

REPRESENTATIVE JOHN KUEMPEL: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 788 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Anchia to explain House Bill 825.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Madam Speaker and members. I would move to postpone House Bill 825 until a time certain, 11:00 a.m., May 5th.

REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Geren to explain House Bill 844.

REPRESENTATIVE CHARLIE GEREN: Thank you, Madam Speaker. House Bill 844 (inaudible) the city of Fort Worth to sell a property to a lessee.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 844? Chair hears none and lays out House Bill 844. The clerk will read the bill.

CLERK: HB 844 by Geren. Relating to the sale or lease of property by certain municipalities owning land near the shoreline of certain lakes.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 844 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Gonzalez of El Paso to explain House Bill 258.

REPRESENTATIVE NAOMI GONZALEZ: Thank you, Madam Chairman. House Bill 858 seeks to allow the El Paso County Hospital District to employee and commission peace officers.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection of consideration of House Bill 858? Chair hears none and lays out House Bill 858. The clerk will read the bill.

CLERK: HB 858 by Gonzalez of El Paso. Relating to the authority of El Paso County Hospital District to employee and commission peace officers.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gonzalez of El Paso.

REPRESENTATIVE NAOMI GONZALEZ: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 858 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Howard of Fort Bend to explain House Bill 890.

REPRESENTATIVE CHARLIE HOWARD: Thank you Madam Chair, House Bill 890 allows the license plates --

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 890? Chair hears none and lays out House Bill 890. The clerk will read the bill.

CLERK: HB 890 by Howard of Fort Bend. Relating to the registration or inspection of custom vehicles.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Howard of --

REPRESENTATIVE CHARLIE HOWARD: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of House Bill 890 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Thompson to explain House Bill 901.

REPRESENTATIVE SENFRONIA THOMPSON: Mrs. Speaker and Members, this is a bill that deals with the

(inaudible) doctors, I move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair -- Is there objection to consideration of House Bill 901? Chair hears none and lays out House Bill 901. The clerk will read the bill.

CLERK: HB 901 by Thompson. Relating to spousal maintenance.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on the passage of House Bill 901 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Frullo to explain House Bill 923.

REPRESENTATIVE FRULLO: I move to postpone House Bill 923 to the next Local and Consent Calendar.

REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Harper-Brown to explain House Bill 927. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. HB 927 retains the current penalty for the first two offenses but increases it to a state jail felony on the third for indecent exposure.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 927? Chair hears none and lays out House Bill 927. The clerk will read the bill.

CLERK: HB 927 by Harper-Brown. Relating to punishment for the offense of indecent exposure.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage of House Bill 927 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Lewis to explain House Bill 969.

REPRESENTATIVE TRYON LEWIS: This House Bill reforms a deadline for making a ballot application in Ector County Hospital District.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection of consideration of House Bill 967? Chair hears none and lays out House Bill 967. The Clerk will read the bill.

CLERK: HB 969 by Lewis. Relating to the election of the board of directors of Ector County Hospital District.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 969 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Carter to explain House Bill 976.

REPRESENTATIVE STEFANI CARTER: Madam Speaker and members, House Bill 976 allows for a warrant or a summons to be issued by a magistrate through an electronic broadcast system.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 976? Chair hears none and lays out House Bill 976. The clerk will read the bill.

CLERK: HB 976 by Carter. Relating to the issuance of a warrant or summons by a magistrate.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Carter.

REPRESENTATIVE STEFANI CARTER: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 976. Is there any objection? Chair hears none. So ordered. Representative -- Chair calls on Representative Rodriguez to explain House Bill 990.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker and members, this is a local bill concerning Travis County regarding homestead preservation district, which I passed in the 79th Session.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 990? Chair hears none and lays out House Bill 990. The clerk will read the bill.

CLERK: HB 990 by Rodriguez. Relating to certain homestead preservation reinvestment zones.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 990. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Cain to explain House Bill 1048.

REPRESENTATIVE ERWIN CAIN: Madam Speaker and members, this is a bill to reduce the numbers of grand jury panels in Red River County from four to two. The bill will save the county twelve hundred dollars. The bill was designed to --

UNIDENTIFIED MALE SPEAKER: Is this your first bill?

REPRESENTATIVE ERWIN CAIN: This is my first bill.

UNIDENTIFIED MALE SPEAKER: Okay. Did I say that this is his first bill?

REPRESENTATIVE ERWIN CAIN: Did I say that?

THE SPEAKER: No, I didn't say that. I was asking you that.

REPRESENTATIVE ERWIN CAIN: This is my very first bill.

REPRESENTATIVE BEVERLY WOOLLEY: Mr. Cain, Is there any objection to calling your freshman, members --

REPRESENTATIVE ERWIN CAIN: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: -- for Mr. Cain? The Chair recognizes Representative Howard of Fort Bend.

REPRESENTATIVE CHARLIE HOWARD: Mr. Cain, I couldn't quite understand what you were trying to say. Can you explain in detail what this bill is all about?

REPRESENTATIVE ERWIN CAIN: Yes, Representative. This is a bill to simply reduce the number of grand jury panels in Red River County from four a year to two a year.

REPRESENTATIVE CHARLIE HOWARD: Wait a minute, does that mean that they -- what if they want to stay for a longer period of time?

REPRESENTATIVE ERWIN CAIN: They want to stay for a longer period of time, save some money. When they get experienced they are being yanked and another panel comes in. They are trying to make it more efficient.

REPRESENTATIVE CHARLIE HOWARD: So we're going to have a bunch of rookies on there, is that what you are telling me?

REPRESENTATIVE ERWIN CAIN: I'm sorry?

REPRESENTATIVE CHARLIE HOWARD: We are going to have a bunch of rookies on there, like yourself, right?

REPRESENTATIVE ERWIN CAIN: Actually, we are trying to keep some incumbents on there.

REPRESENTATIVE CHARLIE HOWARD: All right.

REPRESENTATIVE ERWIN CAIN: It's an incumbent bill.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1048?

REPRESENTATIVE ERWIN CAIN: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair hears none and lays out House Bill 1048. The clerk will read the bill.

CLERK: HB 1048 by Cain. Relating to the terms of 102nd District Court in Red River County.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Cain.

REPRESENTATIVE ERWIN CAIN: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1048. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Anchia to explain House Bill 1057. Representative Anchia? Going twice --

REPRESENTATIVE RAFAEL ANCHIA: Thank you. This sets up firefighter leave time for the City of Dallas.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1057? The Chair hears none and lay out House Bill 1057. The clerk will read the bill.

CLERK: HB 1057 by Anchia. Relating to business leave time for certain municipal firefighters and police officers.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1057. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Farias to explain House Bill 1094.

REPRESENTATIVE JOE FARIAS: Ma'am Speaker, this bill allows for internet reporting on expenditures and reports.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1094? Chair hears none and lays out House Bill 1094. The clerk will read the bill.

CLERK: HB 1094 by Farias. Relating to availability on the internet of reports of political expenditures and contributions filed in connection with certain county an municipal offices.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Farias.

REPRESENTATIVE FARIAS: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage of House Bill 1094 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Weber to explain House Bill 1120.

REPRESENTATIVE RANDY WEBER: Thank you, Madam Speaker and members, House Bill 1120 relates to the Country Place Management District.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1120. The Chair hears none and lays out House Bill 1120. The clerk will read the bill.

CLERK: HB 1120 by Weber. Relating to the dissolution of the County Place Management District.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Weber.

REPRESENTATIVE RANDY WEBER: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 1120 to third reading. Is there any objection? Chair hears none. so ordered. The Chair recognizes Representative Dutton to explain House Bill 1123. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ma dam Speaker and members, House Bill 1123 simply provides for the registration and regulation of athlete agents.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1123? Chair hears none and lays out House Bill 1123. The clerk will read the bill.

CLERK: HB 1123 by Dutton. Relating to a regulation of athlete agents providing administrative and criminal penalties.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Dutton. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Mo ve passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage of House Bill 1123 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gutierrez to explain House Bill 1127.

REPRESENTATIVE ROLAND GUTIERREZ: Members, House Bill 1127 allows for certain notices of soldiers and sailors --

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1127? Chair hears none and lays out House Bill 1127. The Clerk will read the bill.

CLERK: HB 1127 by Gutierrez. Relating to the notice of relief available to certain members of the military required to be provided in certain real property documentation.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gutierrez.

REPRESENTATIVE ROLAND GUTIERREZ: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 1127. Is there any objection? Chair hears none. so ordered. Chair recognizes Representative Cain to explain House Bill 1144.

REPRESENTATIVE ERWIN CAIN: Madam Speaker, members, House Bill 1144 is a bill which addresses the truant hospital district members in Hopkins County.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1144? Chair hears none. Lays out House Bill 1144. Clerk will read the bill.

CLERK: HB 1144 by Cain. Relating to Hopkins County Hospital District.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Cain.

REPRESENTATIVE ERWIN CAIN: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 1144. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Schwertner to explain House Bill 1235.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you Madam Speaker. This bill relates to the transfer of

(inaudible) acres of land in (inaudible) county to TEXdot to Parks and Wildlife.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1235? Chair hears none and lays out House Bill 1235. The clerk will read the bill.

CLERK: HB 1235 by Schwertner. Relating to the transfer of certain state property from the Texas Department of Transportation to the Parks and Wildlife Department.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Schwertner.

REPRESENTATIVE CHARLES SCHWERTNER: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1235. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 1261.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this relates to the court costs on

(inaudible) conviction of municipal court technology fund.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1261? Chair hears none and lays out House Bill 1261. The clerk will read the bill.

CLERK: HB 1261 by Thompson. Relating to court costs imposed on conviction and deposited to the municipal court technology fund.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of House Bill 1261. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Craddick to explain House Bill 1264.

REPRESENTATIVE TOM CRADDICK: Members, this -- all this does is establish a separate provider number for the medical system program.

REPRESENTATIVE BEVERLY WOOLLEY: The, members, the Senate Companion of House Bill 1264 is over and eligible. Accordingly, the Chair lays out Senate Bill 874. The Clerk will read the bill.

CLERK: SB 874 by Fraser. Relating to establishing a separate provider type for prosthetic and orthotic providers under the medical assistance program.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Craddick.

REPRESENTATIVE TOM CRADDICK: Move adoption.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 874 to third reading. Is there any objection? Chair hears none. So ordered. Representative Craddick moves to lay House Bill 1264 on the table subject to call. Is there any objection? Chair hears none so ordered. Chair recognizes Representative Smithee to explain House Bill -- The Chair recognizes Representative Smithee to explain House Bill 1265.

REPRESENTATIVE JOHN SMITHEE: Deals with the outstanding total liability of a mortgage --

REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 1265 is over and eligible. Accordingly, the chair lays out Senate Bill 416. The clerk will read the bill.

CLERK: SB 416 by Deuell. Relating to the amount of outstanding total liability of a mortgage guaranty insurer.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Smithee.

REPRESENTATIVE JOHN SMITHEE: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 416. Is there any objection? Chair hears none so ordered. Representative Smithee moves to lay House Bill 1265 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Smithee to lay out House Bill 1267.

REPRESENTATIVE JOHN SMITHEE: Relating to the authority of certain counties and governmental pools for reimbursement damage --

THE CHAIR: Is there objection to consideration of House Bill 1267? Chair hears none and lays out House Bill 67. Clerk will read the bill.

THE CLERK: HB 1267 by Smithy. Relating to the authority of certain counties and intergovernmental pools to require reimbursement for punitive damage coverage.

THE CHAIR: Chair recognizes Representative Smithee.

REPRESENTATIVE JOHN SMITHEE: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1267. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Pena to explain House Bill 1274.

REPRESENTATIVE AARON PENA: This bill would allow the marked vehicles for (inaudible) training while conducting free passage (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1264? Chair hears none and lays out House Bill 1264. Clerk will read the bill.

THE CLERK: HB 1274 by Pena. Relating to an exemption of the payment of a toll for unmarked military vehicles conducting training for emergency operations.

THE CHAIR: The Chair recognizes Representative Pena.

REPRESENTATIVE AARON PENA: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1264. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Craddick to lay out House Bill 1284.

REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, this bill (inaudible) to consideration of bidders place of business.

THE CHAIR: Is there objection to consideration of House Bill 1283? The Chair hears none and lays out House Bill 1283. The clerk will read the bill.

THE CLERK: HB 1283 by Craddick. Relating to the separation of a bidders principle place of a business for awarding certain municipal contracts.

THE CHAIR: Chair recognizes Representative Craddick.

REPRESENTATIVE TOM CRADDICK: Move adoption.

THE CHAIR: The question occurs on adoption of House Bill 1283 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Gonzales to explain House Bill 1371.

REPRESENTATIVE NAOMI GONZALES: Thank you, Madam Speaker. House Bill 1371 will allow Haskell County Housing Authority to go ahead and ask (inaudible) registration, inspection and liability insurance --

THE CHAIR: Is there objection to consideration of House Bill 1371? Chair hears none. Lays out House Bill 1371. The clerk will read the bill.

THE CLERK: HB 1371 by Gonzales of El Paso. Relating to the vehicle parking requirements for municipal housing Authority committees.

THE CHAIR: The Chair calls on Representative Gonzales.

REPRESENTATIVE NAOMI GONZALEZ: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1371. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Harless to explain House Bill 1385.

REPRESENTATIVE PATRICIA HARLESS: HB 1385 would allow disabled veterans to (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1385? Chair hears none and lays out House Bill 1385. The clerk will read the bill.

THE CLERK: HB1385 by Harless. Relating to the personalization of certain license plates issued to veterans with disabilities.

THE CHAIR: Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1385. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Rodriguez to explain House Bill 1483.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker. Members, this bill would simply extend eligibility for the low income repair assistance programs (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1403? Chair hears none and lays out House Bill 1483 and the clerk will read the bill.

THE CLERK: HB 1403 by Rodriguez. Relating to eligibility to participate in the low income vehicle repair assistance, retrofit, and accelerated vehicle retirement program.

THE CHAIR: The Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1473. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Price to explain House Bill 1436.

REPRESENTATIVE WALTER PRICE: Madam Speaker, I move to postpone till the end of today's Local and Consent Calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 1450.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, HB 1450 calls for Texas Parks and Wildlife to conduct a study related to tort liability arising from --

THE CHAIR: Is there objection to consideration of House Bill 1450? Chair hears none and lays out House Bill 1450. The clerk will read the bill.

THE CLERK: HB 1450 by Guillen. Relating to Parks and Wildlife Department for liability relating to a volunteer's operation of a department vehicle.

THE CHAIR: The Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1450 to third reading. Is there objection? The Chair hears none. So ordered. The Chair recognize Representative Gutierrez to explain House Bill 1488.

REPRESENTATIVE ROLAND GUTIERREZ: Members, House Bill 1488 allows for a second alternative for a second examination by the City of San Antonio Fire Department.

THE CHAIR: Chair -- Is there objection to consideration of House Bill 1488? Chair hears none and lays out House Bill 1488. The clerk will read the bill.

THE CLERK: HB 1488 by Gutierrez. Relating to examinations for hiring in certain municipal fire departments.

THE CHAIR: The Chair recognizes Representative Gutierrez.

REPRESENTATIVE ROLAND GUTIERREZ: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1488. Is there objection? Chair hears none. So ordered. Chair recognizes Representative White to explain House Bill 1403.

REPRESENTATIVE JAMES WHITE: Thank you, Madam Speaker. HB 1503 simply requires that in order for a person to be selected as a special peace Officer by a presiding judge over the election precinct, the person must be licensed as a --

THE CHAIR: Is there objection to consideration of House Bill 1503? Chair hears none and lays out House Bill 1503. The clerk will read the bill.

THE CLERK: HB 1503 by White. Relating to the qualifications to serve as a special peace officer at a polling place.

THE CHAIR: The Chair recognizes Representative White.

REPRESENTATIVE JAMES WHITE: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1503 to third reading. Is there objection? The Chair hears none. So ordered. Chair recognizes Representative Isaac to explain House Bill 1514.

REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. House Bill 1514 would provide for a designation on the Texas driver's license under the --

THE CHAIR: Excuse me, Representative Isaac, I think a few of your friends want to come visit. It happens to be Representative's Isaac's first bill. The gentleman yields, Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: If he would yield for Representative Harnett, who's got a really big deep, penetrating question and has got a big problem with this bill, I'm afraid.

THE CHAIR: Chair recognizes Representative Harnett.

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

REPRESENTATIVE JASON ISAAC: I'd love to, I yield.

REPRESENTATIVE WILL HARNETT: Does this have a fiscal note to it?

REPRESENTATIVE JASON ISAAC: It does not.

REPRESENTATIVE WILL HARNETT: Isn't this going to incur more costs for our driver's licenses?

REPRESENTATIVE JASON ISAAC: It will not.

REPRESENTATIVE WILL HARNETT: How's the department figure out who is getting this special marking on the driver's license?

REPRESENTATIVE JASON ISAAC: DD214 is an honorable discharge form, and that's what they're going to accept.

REPRESENTATIVE WILL HARNETT: Okay. And any particular armed services, or all of them?

REPRESENTATIVE JASON ISAAC: Just those that are honorably discharged. I believe there are five branches that apply to this.

REPRESENTATIVE WILL HARNETT: This includes like an embassy guard?

REPRESENTATIVE JASON ISAAC: Yes, they are part of the Marine Corps.

REPRESENTATIVE WILL HARNETT: How about our sergeants here on the floor?

REPRESENTATIVE JASON ISAAC: If they've been honorable discharged and have a DD214.

REPRESENTATIVE WILL HARNETT: What if I get an honorable discharge from a legislator, do I qualify?

REPRESENTATIVE JASON ISAAC: Only if you have served six years afterwards in the armed forces.

REPRESENTATIVE WILL HARNETT: Sounds like a good bill.

REPRESENTATIVE JASON ISAAC: Thank you.

UNIDENTIFIED SPEAKER: Will the gentleman yield?

REPRESENTATIVE JASON ISAAC: I will yield.

THE CHAIR: Gentleman yields.

UNIDENTIFIED SPEAKER: Representative Isaac, are you the one and same Isaac that obnoxiously went around your district with a big banner over a trailer?

REPRESENTATIVE JASON ISAAC: Yes, that would be the one. I got advice from a great representative in the neighboring district.

UNIDENTIFIED SPEAKER: Were you running a green campaign? Did you pull that with a Prius or something of that nature?

REPRESENTATIVE JASON ISAAC: It ran completely on biofuel from your district.

UNIDENTIFIED SPEAKER: Okay. Okay. Thank you.

THE CHAIR: Representative Geren, for what purpose?

REPRESENTATIVE CHARLIE GEREN: Will the gentleman yield?

REPRESENTATIVE JASON ISAAC: I will yield.

THE CHAIR: The gentleman yields.

REPRESENTATIVE CHARLIE GEREN: You yield? Good.

REPRESENTATIVE JASON ISAAC: I yield for a question. The light flickered here for a second.

THE CHAIR: I'm sorry, Mr. Issac

(inaudible).

REPRESENTATIVE CHARLIE GEREN: Hello. Can I talk now, ma'am?

UNIDENTIFIED SPEAKER: Could Representative Geren yield for questions?

REPRESENTATIVE CHARLIE GEREN: I would yield for questions, ma'am.

THE CHAIR: Representative Geren yields for questions.

UNIDENTIFIED SPEAKER: Representative Geren, do you know if this gentleman seems to -- claims to be the WHIP for our area. Do you know what WHIP --

REPRESENTATIVE CHARLIE GEREN: What's he whipping?

UNIDENTIFIED SPEAKER: What's the WHIP acronym? I was just wondering --

REPRESENTATIVE CHARLIE GEREN: What is the whipping, Joe?

UNIDENTIFIED SPEAKER: He's got something in his hand right there that might be able to explain it. But I don't know If he can explain it or not.

REPRESENTATIVE CHARLIE GEREN: I think this bill refers to something about CHL instructors in his district. I'm not certain.

UNIDENTIFIED SPEAKER: Well, we need to talk about that for a while. That's certainly important. Can you do that?

REPRESENTATIVE CHARLIE GEREN: Madam Speaker, how much time's left?

THE CHAIR: About a minute.

REPRESENTATIVE JASON ISAAC: Madam Speaker, I don't know if I can run that fast. Will the gentleman yield?

REPRESENTATIVE CHARLIE GEREN: (Inaudible).

THE CHAIR: The gentleman does not yield, Mr. Isaac.

REPRESENTATIVE CHARLIE GEREN: I would yield the floor to Representative Isaac.

REPRESENTATIVE JASON ISAAC: All right. Thank you.

THE CHAIR: Members, is there objection to consideration of House Bill 1415? Chair hears none. The Chair lays out House Bill 1415. The clerk will read the bill.

THE CLERK: HB 1514 by Isaac. Relating to the issuance to veterans of specially marked driver's licenses.

THE CHAIR: Chair recognizes Representative Isaac.

REPRESENTATIVE JASON ISAAC: I painfully move passage.

THE CHAIR: The question occurs on passage of House Bill 1514 to third raiding. Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Otto to explain HB 1521.

REPRESENTATIVE JOHN OTTO: Thank you, Madam Speaker. Members, House Bill 1521 recreates the scholarship trust fund for fifth-year accounting students of the trust fund --

THE CHAIR: Members, the Senate Companion to House Bill 1521 is over an eligible. Accordingly, the Chair lays out House Bill 777. The clerk will read the bill.

THE CLERK: HB 777 by Williams. Relating to recreating the scholarship trust fund for fifth-year accounting students as a trust fund outside the state treasury.

THE CHAIR: The Chair recognizes Representative Otto.

REPRESENTATIVE JOHN OTTO: Move passage.

THE CHAIR: Question occurs on passage of Senate Bill 777 to third reading. Is there objection? The Chair hears none. So ordered. Representative Otto moves to lay House bill 1521 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Miller.

REPRESENTATIVE SID MILLER: Mrs. Speaker and members, this bill makes a penalty for identity theft.

THE CHAIR: Is there objection to House Bill 1529? Chair hears none and lays out House Bill 1529. The clerk will read the bill.

THE CLERK: HB 1529 by Miller. Relating to the offense of fraudulent use or possession of identifying information.

THE CHAIR: Chair recognizes Representative Miller.

REPRESENTATIVE SID MILLER: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1529 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Lewis to explain House Bill 1545.

REPRESENTATIVE TRYON LEWIS: Thank you, Madam Speaker, this bill local government change their election day from May to November (inaudible) four years.

THE CHAIR: Is there objection to consideration of House Bill 1545? The Chair hears none and lays out House Bill 1545. The clerk will read the bill.

THE CLERK: HB 1545 by Louis. Relating to the authority of certain political subdivisions to change the date of their general elections.

THE CHAIR: Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: Madam Speaker, I move passage.

THE CHAIR: The question occurs on passage of House Bill 1545 to third reading. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Sarah Davis of Harris to explain House Bill 1559.

REPRESENTATIVE SARAH DAVIS: Thank you, Madam Speaker. Members, House Bill 1559 (inaudible) Texas by granting court documents produced from 1860 --

THE CHAIR: Is there objection to consideration of House Bill 1559? Chair hears none and lays out House Bill 1559. The clerk will read the bill.

THE CLERK: HB 1559 by Sarah Davis of Harris. Relating to the retention, storage, and destruction of certain court documents.

THE CHAIR: Chair recognizes Representative Davis of Harris.

REPRESENTATIVE SARAH DAVIS: Thank you. I move passage.

THE CHAIR: The question occurs on passage of House Bill 1559 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Coleman to explain House Bill 1566.

REPRESENTATIVE GARNET COLEMAN: Thank you, Madam Speaker. House Bill 1566 relates to the authority of counties to employ, contract for employee positions and other health care providers for county jail.

THE CHAIR: Is there objection to consideration of House Bill 1566? Chair hears none and lays out House Bill 1566. The Chair -- The clerk will read the bill.

THE CLERK: HB 1566 by Coleman. Relating to the authority of counties to appoint, contract for, or employ physicians, dentists, or other health care providers for county jails.

THE CHAIR: Chair recognizes Representative Coleman.

REPRESENTATIVE GARNET COLEMAN: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1566 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Isaac on his second bill to explain House Bill 1593.

REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. Members, House Bill 1593 would provide a space on the application for a place on the ballot for a candidate to voluntarily provide their email address --

THE CHAIR: Is there objection to consideration of House Bill 1593? Chair hears none and lays out House Bill 1593. The clerk will read the bill.

THE CLERK: HB 1593 by Isaac. Relating to the inclusion of a candidates's email address on an official application for a place on the ballot.

THE CHAIR: Chair recognizes Representative Isaac.

REPRESENTATIVE JASON ISAAC: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1593 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Flynn to explain House Bill 1627.

REPRESENTATIVE DAN FLYNN: Thank you, Madam Speaker. This bill would provide a change

(inaudible) that election judges --

THE CHAIR: Is there objection to consideration of House Bill 1627? Chair hears none and lays out House Bill 1627. The clerk will read the bill.

THE CLERK: HB 1567 by Flynn. Relating to the eligibility requirements of election judges.

THE CHAIR: Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: Move passage.

THE CHAIR: Question occurs on passage of House Bill 1627 to third reading. Is there objection? The Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 1631.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, members, this bill (inaudible) for provides services on Medicare (inaudible) care.

THE CHAIR: Is there objection to consideration of House Bill 1631? The Chair hears none and lays out House Bill 1631. The clerk will read the bill.

THE CLERK: HB 1631 by Thompson. Relating to expedited credentialing for certain podiatrists providing services under a managed care plan.

THE CHAIR: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: I move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1631. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Alonzo to explain House Bill 1651.

REPRESENTATIVE ROBERTO ALONZO: Yes, this is a local bill that deals with amending an original legislation for the North Oak Cliff Municipal Management District.

THE CHAIR: Is there objection to consideration of House Bill 1651? Chair hears none and lays out House Bill 1651. Clerk will read the bill.

THE CLERK: HB 1651 by Alonzo. Relating to the North Oak Cliff Municipal Management District.

THE CHAIR: Chair recognizes Representative Alonzo.

REPRESENTATIVE ROBERTO ALONZO: Move passage.

THE CHAIR: The question occurs on passage to -- The question occurs on passage to third reading of House Bill 1651. Is there objection? Chair hears none. So ordered. The Chair recognizes King of Taylor -- Representative King of Taylor to explain House Bill 1665.

REPRESENTATIVE SUSAN KING: Thank you, Madam Speaker, members assisting me today is Tyler English* from Abilene, Texas. HB 1665 identifies (inaudible).

THE CHAIR: Is there objection to consideration of 1665? Chair hears none and lays out 1665. The clerk will read the bill.

THE CLERK: HB 1665 by King of Taylor. Relating to the notification requirements regarding certain land use regulations in an area near military facilities.

THE CHAIR: Chair recognizes King of Taylor.

REPRESENTATIVE SUSAN KING: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1665 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Fletcher to explain House Bill 1683.

REPRESENTATIVE ALLEN FLETCHER: Madam Speaker, members, House Bill 1683 addresses parking placards for --

THE CHAIR: Is there objection to consideration of House Bill 1683? Chair hears none and lays out House Bill 1683. The clerk will read the bill.

THE CLERK: HB 1683 by Fletcher. Relating to parking placards for vehicles of persons with disabilities.

THE CHAIR: Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Move passage.

THE CHAIR: Question occurs on passage of House Bill 1683 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Coleman to explain House Bill 1694.

REPRESENTATIVE GARNET COLEMAN: Thank you, Madam Speaker. House Bill 1694 deals with county purchasing for the different counties across the state.

THE CHAIR: Is there objection to consideration of House Bill 1694? Chair hears none and lays out 1694. The clerk will read the bill.

THE CLERK: HB 1994 by Coleman. Relating to the purchasing and contracting authority of certain governmental entities.

THE CHAIR: Chair recognizes Representative Coleman.

REPRESENTATIVE GARNET COLEMAN: Move passage.

THE CHAIR: Question occurs on passage to third reading of House Bill 1694. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Lucio, III, to explain House Bill 1721.

REPRESENTATIVE EDDIE LUCIO: Thank you Madam Speaker. HB 1721 (inaudible) --

THE CHAIR: Is there objection to consideration of House Bill 1721? Chair hears none and lays out 1721. The clerk will read the bill.

THE CLERK: HB 1721 by Lucio. Relating to protective orders for the victims of stalking and sexual assault.

THE CHAIR: Chair recognizes Representative Lucio.

REPRESENTATIVE EDDIE LUCIO: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1721. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Bohac to explain House Bill 1737.

REPRESENTATIVE DWAYNE BOHAC: Mr. Speaker, members, House Bill 1737 permits a homeowner's association to purchase, install or maintain feedback within their --

THE CHAIR: Is there objection to consideration of House Bill 1737? Chair hears none and lays out HB 1737. The clerk will read the bill.

THE CLERK: HB 1737 by Bohac. Relating to installation of a feedback signed by property owners associations.

THE CHAIR: Chair recognizes Representative Bohac.

REPRESENTATIVE DWAYNE BOHAC: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1737 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Rodriguez to explain House Bill 1759.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker, members, House Bill 1759 creates Pilot Knob Utility District No. 4, in my district.

THE CHAIR: Is there objection to consideration of House Bill 1759? Chair hears none and lays out House Bill 1759. The clerk will read the bill.

THE CLERK: HB 1759 by Rodriguez. Relating to the creation of Pilot Knob Municipality --

THE CHAIR: Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1759 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Rodriguez to explain House Bill 1760.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker. House Bill 1760 creates Pilot Knob Utility District No. 5.

THE CHAIR: Is there objection to consideration of House Bill 1760? IF not, the Chair lays out House Bill 1760. The clerk will read the bill.

THE CLERK: HB 1760 by Rodriguez. Relating to the creation of the Pilot Knob Municipal Utility District No. 5; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

THE CHAIR: Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1760 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Munoz to explain House Bill 1767.

REPRESENTATIVE SERGIO MUNOZ: House Bill 1767 deals with the enforcement of county subdivision rules for (inaudible) subdivision rules.

THE CHAIR: Is there objection to consideration of House Bill 1767? The Chair hears none and lays out House Bill 1767. The clerk will read the bill.

THE CLERK: HB 1767 by Munoz. Relating to the enforcement of county subdivision regulations prohibiting more than one residential dwelling on each subdivision lot; creating an offense.

THE CHAIR: Chair recognizes Representative Munoz.

REPRESENTATIVE SERGIO MUNOZ: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1767 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Madden to explain House Bill 1771.

REPRESENTATIVE JERRY MADDEN: Members, the bill establishes the specialty course advisory counsel.

THE CHAIR: Is there objection to consideration of House Bill 1771? The Chair hears none and lays out House Bill 1771. The clerk will read the bill.

THE CLERK: HB 1771 by Madden. Relating to the establishment of the Specialty Courts Advisory Council.

THE CHAIR: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1771. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Madden for a motion.

REPRESENTATIVE JERRY MADDEN: Madam Speaker, I request permission for the Committee on Corrections to meet while the House is in session at 2:00 p.m. today, while the House is in session, in 4/26/11, in 3W15, to take up pending business.

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

THE CLERK: The Committee on Corrections will meet at 2:00 p.m. today, April 26th, 2011, at 3W.15. This will be a formal meeting to consider pending business.

THE CHAIR: Chair recognizes Representative Harless to explain House Bill 1823.

REPRESENTATIVE HARLESS: HB 1823 would prohibit a person convicted of felonies and certain misdemeanors --

THE CHAIR: Is there objection to consideration of House Bill 1823? The Chair hears none and lays out House Bill 1823. The clerk will read the bill.

THE CLERK: HB 1823 by Harless. Relating to the authority of certain persons to execute bail bonds and act as sureties.

THE CHAIR: The Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1823 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Harnett to explain House Bill 1841.

REPRESENTATIVE WILL HARNETT: This clarifies that the certain use of (inaudible) Texas does not create in connection is (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1841? If not the clerk the -- Chair lays out HB 1841. And the clerk will read the bill.

THE CLERK: HB 1841 by Hartnett. Relating to the taxability of internet hosting.

THE CHAIR: Chair recognizes Representative Hartnett.

REPRESENTATIVE WILL HARNETT: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1841. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Miller of Comal to explain House Bill 1852.

REPRESENTATIVE DOUG MILLER: Thank you, Madam Speaker. This bill deals with --

THE CHAIR: Members, the Senate Companion to House Bill 1852 is over and eligible. Accordingly, the chair lays out Senate Bill 914. The the clerk will read the bill.

THE CLERK: SB 914 by Wentworth. Relating to the applicability of certain regional water districts of provisions concerning bond approval by the Texas Commission on Environmental Quality.

THE CHAIR: The Chair recognizes Representative Miller of Comal.

REPRESENTATIVE DOUG MILLER: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate bill 914. Is there objection? Chair hears none. So ordered. Representative Miller of Comal moves to lay House Bill 1852 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gonzales of El Paso.

REPRESENTATIVE NAOMI GONZALEZ: Thank you, Madam Speaker. House Bill 1886 or 1856 rather, goes ahead and allows a stretch of historic highway in El Paso --

THE CHAIR: Is there objection to consideration of House Bill 1856? Chair hears none and lays out 1866. The clerk will read the bill.

THE CLERK: HB 1866 by Gonzales of El Paso. Relating to the designation of State Highway 20 as a historic highway.

THE CHAIR: The Chair recognizes Representative Gonzales.

REPRESENTATIVE NAOMI GONZALEZ: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1866. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Harper-Brown to explain House Bill 1896. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. HB 1896 designates the Irving Diamond Interchange for State Highway 14 183 and --

(inaudible) interstate.

THE CHAIR: Is there objection to consideration of House Bill 1896? Chair hears none and lays out House Bill 1896. The clerk will read the bill.

THE CLERK: HB 1996 by Harper-Brown. Relating to the designation of the Irving Diamond Interchange.

THE CHAIR: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1896. Is there objection? Chair hears none. So ordered. Chair recognizes Hop-along Pickett to explain House Bill 1898.

REPRESENTATIVE JOE PICKETT: Thank you, Madam Speaker. This is a local (inaudible) with a successful referendum for El Paso only.

THE CHAIR: Is there objection to consideration of House Bill 1898? Chair hears none and lays out House Bill 1898. The clerk will read the bill.

THE CLERK: HB 1898 by Pickett. Relating to registration of motor vehicles in certain municipalities.

THE CHAIR: Chair recognizes Representative Pickett.

REPRESENTATIVE JOE PICKETT: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1898. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Pickett to explain House Bill 1899.

REPRESENTATIVE JOE PICKETT: Thank you, ma'am. HB 1899 for a city who has already passed a citywide ban on cell phones, you don't have to --

THE CHAIR: Is there objection to consideration of House Bill 1899? Chair hears none. Lays out House Bill 1899. The Chair hears none. The clerk will read the bill.

THE CLERK: HB 1899 by Pickett. Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communications device while operating a motor vehicle.

THE CHAIR: Chair recognizes Representative Pickett.

REPRESENTATIVE JOE PICKETT: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1899. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Howard of Travis to explain House Bill 1906.

REPRESENTATIVE DONNA HOWARD: Thank you, Madam Speaker. Members, House Bill 1906 authorizes less punitive penalties (inaudible) environmental qualities for --

THE CHAIR: Is there objection to consideration of House Bill 1906? Chair hears none and lays out House Bill 1906. The clerk will read the bill.

THE CLERK: HB 1906 by Howard of Travis. Relating to the idling of motor vehicles; providing a criminal penalty.

THE CHAIR: The Chair recognizes Representative Howard of Travis.

REPRESENTATIVE DONNA HOWARD: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1906 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gutierrez to explain House Bill 1936.

REPRESENTATIVE ROLAND GUTIERREZ: Members, this bill equalizes the amount of alcoholic spirits that someone could bring in, whether they are a current resident or a nonresident.

THE CHAIR: Is there objection to consideration of House Bill 1936? Chair hears none. Lays out House Bill 1936. The clerk will read the bill.

THE CLERK: HB 1936 by Gutierrez. Relating to the importation and shipment of alcoholic beverages for personal consumption.

THE CHAIR: Chair recognizes Representative Gutierrez.

REPRESENTATIVE ROLAND GUTIERREZ: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1936 to third reading. Is there objection? The Chair hears none. So ordered. Chair recognizes Representative Perry to explain House Bill 1940.

REPRESENTATIVE CHARLES PERRY: Thank you, Madam Speaker, (inaudible).

THE CHAIR: For the very first time.

REPRESENTATIVE CHARLES PERRY: Probable cause hearing (inaudible) committing at (inaudible) release from prison if a magistrates (inaudible).

THE CHAIR: Mr. Hartnett, for what purpose? Do you yield, Mr. Perry?

REPRESENTATIVE CHARLES PERRY: I yield.

THE CHAIR: The gentleman yields.

REPRESENTATIVE WILL HARNETT: Hello. Hey, will the gentleman yield for ten minutes of questions?

THE CHAIR: Do you yield?

REPRESENTATIVE CHARLES PERRY: I yield.

REPRESENTATIVE WILL HARNETT: Yeah. I had a lot of questions. I've been getting a lot of phone calls about this bill, I think. Could you tell us what this bill really does?

REPRESENTATIVE CHARLES PERRY: This bill is actually formalizing something that's already happening. There is a requirement for preliminary hearing for someone that's made -- that's already been release from jail. And if the magistrates are already had probable cause (inaudible) you don't have to a formal process.

REPRESENTATIVE WILL HARNETT: Does this bill also have the concealed handgun on campus --

REPRESENTATIVE CHARLES PERRY: Does not have a concealed handgun. I'm open for suggestions.

REPRESENTATIVE WILL HARNETT: And it also has something to do with nuclear waste?

REPRESENTATIVE CHARLES PERRY: Nothing to do with nuclear waste.

REPRESENTATIVE WILL HARNETT: Okay. I guess it must be a good bill, then.

REPRESENTATIVE CHARLES PERRY: Okay.

REPRESENTATIVE RANDY WEBER: Madam Speaker?

THE CHAIR: For what purpose, Mr. Weber?

REPRESENTATIVE RANDY WEBER: Will the gentleman yield?

THE CHAIR: Do you yield, Mr. Perry?

REPRESENTATIVE CHARLES PERRY: I yield.

THE CHAIR: -- yield for a question?

REPRESENTATIVE CHARLES PERRY: I yield.

REPRESENTATIVE RANDY WEBER: Representative Perry, House Bill 1940. Is that number significant? Is that the year you were born?

REPRESENTATIVE CHARLES PERRY: Not the year I was born.

REPRESENTATIVE RANDY WEBER: Not the year you were born. Okay, it relates to the requirement of a preliminary hearing for certain persons released from the Texas Department of Criminal Justice who are alleged to have violated a condition of release. Mr. Perry, have you ever knowingly violated a acknowledge of release?

REPRESENTATIVE CHARLES PERRY: I can say I've had personal experience of that, probably, somewhere.

REPRESENTATIVE RANDY WEBER: Is it your wife that said she had wished you were a catch and release?

THE CHAIR:

REPRESENTATIVE CHARLES PERRY: She did.

REPRESENTATIVE RANDY WEBER: She did? Oh, you've got a great bill. Thank you very much.

REPRESENTATIVE CHARLES PERRY: Appreciate it.

THE CHAIR: Is there objection to consideration of House Bill 1940? Chair hears none and lays out House Bill 1940. The clerk will read the bill.

THE CLERK: HB 1940 by Perry. Relating to requirement of preliminary hearing for certain persons released from the Texas Department of Criminal Justice who are alleged to have violated a condition of release.

THE CHAIR: Chair recognizes Representative Perry.

REPRESENTATIVE CHARLES PERRY: Move passage.

THE CHAIR: The question occurs on passage of House Bill 1940 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Marquez to explain House Bill 2002.

REPRESENTATIVE MARISA MARQUEZ: Thank you, Madam Speaker. Members, House Bill 2002 is a simple

(inaudible) that makes technical (inaudible) passed by the last session of the House.

THE CHAIR: Chair recognizes -- Is there objection to consideration of House Bill 2002? Chair hears none and lays out House Bill 2002. The clerk will read the bill.

THE CLERK: HB 2002 by Marquez. Relating to the county ethics commission for certain counties.

THE CHAIR: Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: I move passage.

THE CHAIR: The question occurs on passage of House Bill 2002 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hamilton to explain House Bill 2033.

REPRESENTATIVE MIKE HAMILTON: This bill provides transparency to put the gross receipt tax on the receipt to show the customers how much they're paying.

THE CHAIR: Is there objection to consideration of House Bill 2033? Chair hears none and lays out House Bill 2033. The clerk will read the bill.

THE CLERK: HB 2033 by Hamilton. Relating to the separate statement of the mixed beverage tax for informational purposes.

THE CHAIR: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2033. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Lewis to explain House Bill 2047.

REPRESENTATIVE TRYON LEWIS: Thank you, Madam Speaker. This bill deals with service of process on registered agents during normal business hours.

THE CHAIR: Is there objection to consideration of House Bill 2047? The Chair hears none and lays out House Bill 2047. The clerk will read the bill.

THE CLERK: HB 2047 by Lewis. Relating to the service of process at the registered office of certain registered agents.

REPRESENTATIVE TRYON LEWIS: Madam Speaker, members, move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2047. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Callegari to explain House Bill 2067.

REPRESENTATIVE BILL CALEGARI: Mr. Speaker, members, this bill accepts licensed out of state engineers to engage in evaluation of oil and gas resources.

THE CHAIR: Is there objection to consideration of House Bill 2067? Chair hears none and lays out House Bill 2067. The clerk will read the bill.

THE CLERK: HB 2067 by Callegari. Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources.

THE CHAIR: Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALEGARI: Move adoption.

THE CHAIR: The question occurs on passage to third reading of House Bill 2067. Is there objection? Chair hears none. So ordered. Chair recognizes Representative King to explain House Bill 2080.

REPRESENTATIVE PHIL KING: Thank you, Mr. Speaker. Members, House Bill 2080 allows that the physician's assistant and advanced nurse's practitioners should write prescriptions for handicapped parking placards.

THE CHAIR: Is there objection to consideration of House Bill 2080? Chair hears none and lays out House Bill 2080. The clerk will read the bill.

THE CLERK: HB 2080 by King. Relating to certification of a person as eligible for disabled parking privileges.

THE CHAIR: Chair recognizes Representative King.

REPRESENTATIVE PHIL KING: I move passage.

THE CHAIR: The question occurs on passage of House Bill 2080 to third reading Is. There objection? Chair hears none. So ordered. The Chair recognizes Representative Craddick to explain House Bill 2091.

REPRESENTATIVE TOM CRADDICK: This is due to the authority of the state cemetery committee.

THE CHAIR: Is there objection to consideration of House Bill 2091? Chair hears none and lays out House Bill 2091. The clerk will read the bill.

THE CLERK: HB 2091 by Craddick. Relating to authority of the state cemetery committee.

REPRESENTATIVE TOM CRADDICK: Move adoption.

THE CHAIR: The question occurs on passage of House Bill 2991 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Paxton to explain House Bill 2108

REPRESENTATIVE KEN PAXTON: This bill allows the county clerk to set up an electronic filing system for the registration of cattle brands.

THE CHAIR: Is there objection to consideration of House Bill 2108? Chair hears none and lays out House Bill 2108. The clerk will read the bill.

THE CLERK: HB 2108 by Paxton. Relating to the electronic filing and recording of livestock marks and brands by county clerks.

THE CHAIR: The Chair recognizes Representative Paxton.

REPRESENTATIVE KEN PAXTON: Move adoption.

THE CHAIR: The question occurs on passage to third reading of House Bill 2108. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Coleman to explain House Bill 2118.

REPRESENTATIVE GARNET COLEMAN: Thank you, Madam Speaker. House Bill 1218 adds substance to the Penalty Group 2, better known as (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 1218? Chair hears none and lays out 2118. The clerk will read the bill.

THE CLERK: HB 2118 by Coleman. Relating to synthetic compounds Penalty Group 2 of the Texas Controlled Substances Act.

THE CHAIR: Chair recognizes Representative Coleman.

REPRESENTATIVE GARNET COLEMAN: Thank you, Madam Speaker. I move passage.

THE CHAIR: The question occurs on passage of House Bill 2118 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Lozano to explain House Bill 2102.

REPRESENTATIVE JOSE LOZANO: Thank you, Mr. Speaker. Members, this bill establishes that a District Attorney or county attorney who is on active military duty or (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 2122? Chair hears none and lays out 2122. The clerk will read the bill.

THE CLERK: HB 2122 by Lozano. Relating to certain state attorneys called into active duty military service.

THE CHAIR: Chair recognizes Lozano.

REPRESENTATIVE JOSE LOZANO: Thank you, Mr. Speaker. I move passage.

THE CHAIR: The question occurs on passage of House Bill 2122 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Reynolds to explain House Bill 2132.

REPRESENTATIVE RON REYNOLDS: Thank you, Madam Speaker. Members, house Bill 2132 will create a

(inaudible) Fort Bend County.

THE CHAIR: Is there objection to consideration of House Bill 2132? The Chair hears none and lays out House Bill 2132. The clerk will read the bill.

THE CLERK: HB 2132 by Reynolds. Relating to the creation of magistrates in certain counties.

THE CHAIR: Chair recognizes Representative Reynolds.

REPRESENTATIVE RON REYNOLDS: I move passage.

THE CHAIR: Question occurs on passage to third reading of House Bill 2182. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hochberg to explain House Bill 2135.

REPRESENTATIVE SCOTT HOCHBERG: Thank you, Madam Speaker. This bill (inaudible) testing for middle school students.

THE CHAIR: Is there objection to consideration of House Bill 2135? Chair hears none and lays out House Bill 2135. The clerk will read the bill.

THE CLERK: HB 2135 by Hochberg. Relating to the administration of end of course assessment instruments to public school students enrolled below the high school level.

THE CHAIR: Chair recognizes Representative Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Move adoption.

THE CHAIR: The question occurs on passage of House Bill 2135 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Larson to explain House Bill 2141.

REPRESENTATIVE LYLE LARSON: Yeah, this is House Bill 2141 relating to enforcement laws related to water safety.

THE CHAIR: Is there objection to consideration of House Bill 2141? Chair hears none and lays out House Bill 2141. The clerk will read the bill.

THE CLERK: HB 2141 by Guillen. Relating to the enforcement of laws related to water safety.

THE CHAIR: Chair recognizes Representative Larson.

REPRESENTATIVE LYLE LARSON: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2141. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Garza to explain House Bill 2144.

REPRESENTATIVE JOHN GARZA: HB 2144 relates to the use of uniform election dates by newly incorporated municipalities. Members, this bill is

(inaudible) to deal solely with the first --

THE CHAIR: Is there objection to consideration of House Bill 2144? The Chair hears none and lays out House Bill 2144. The clerk will read the bill.

THE CLERK: HB 2144 by Garza. Relating to the use of uniform election dates by newly incorporated municipalities.

THE CHAIR: Chair recognizes Representative Garza.

REPRESENTATIVE JOHN GARZA: I move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2134. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Kuempel to explain House Bill 2162.

REPRESENTATIVE JOHN KUEMPEL: 2162 gives civil (inaudible) to (inaudible) --

THE CHAIR: Is there objection to consideration of House Bill 2162? Chair hears none and lays out House Bill 2162. The clerk will read the bill.

THE CLERK: HB 2162 by Kuempel. Relating to the power of the Cibolo Creek Municipal Authority to issue bonds.

THE CHAIR: The Chair recognizes Representative Kuempel.

REPRESENTATIVE JOHN KUEMPEL: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2162. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Isaac.

REPRESENTATIVE JASON ISAAC: Members, Senate Bill 630 is over and eligible.

THE CHAIR: Members, the Senate Companion to House 2182 is over and eligible. Accordingly, the Chair lays out Senate Bill 630. The clerk will read the bill.

THE CLERK: SB 630 by Taylor. Relating to the Ranch at Clear Fork Creek Municipal Utility District Number 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

THE CHAIR: The Chair recognizes Representative Isaac.

REPRESENTATIVE JASON ISAAC: SB 630 is standard (inaudible) is 97 acres to the Ranch at Clear Fork MUD District No. 2.

THE CHAIR: Move passage.

REPRESENTATIVE JASON ISAAC: Move passage.

THE CHAIR: The question occurs on passage of Senate Bill 630. Is there objection? Chair hears none. So ordered. Representative Isaac moves to lay House Bill 2182 on the table, subject to call. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Davis of Dallas to explain House Bill 2223.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker. Members, house Bill 2233 rates the limit from 25,000 to (inaudible) thousand --

THE CHAIR: Is there objection to consideration of House Bill 2223? Chair hears none and lays out House Bill 2223. The clerk will read the bill.

THE CLERK: HB 2223 by Davis of Dallas. Relating to the contracts of certain regional transportation authorities that are required to be competitively bid.

THE CHAIR: Chair recognizes Representative Dallas -- Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: Move adoption.

THE CHAIR: The question occurs on the passage to third reading of House Bill 2223. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Truitt to explain House Bill 2226. Representative Truitt? Chair recognizes Representative Taylor to -- Nope. Chair recognizes Representative Lawson to explain House Bill 2226.

REPRESENTATIVE LYLE LARSON: Yeah, this is relating to authorized investment for governmental entities.

THE CHAIR: Is there objection to consideration of House Bill 2226? The chair hears none and lays out House Bill 2226. The clerk will read the bill.

THE CLERK: HB 2226 by Truitt. Relating to authorized investment for governmental entities.

THE CHAIR: The Chair recognizes Representative Larson.

REPRESENTATIVE LYLE LARSON: Move passage.

THE CHAIR: Question occurs on passage to third reading of House Bill 2226. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Creighton to explain House Bill 2238.

REPRESENTATIVE BRANDON CREIGHTON: Mr. Speaker, members, this bill allows the MUD district in Montgomery County and the city of Condo to work out an agreement --

THE CHAIR: Is there objection to consideration of House Bill 2238? Chair hears none and lays out House Bill 2238. The clerk will read the bill.

THE CLERK: HB 2238 by Creighton. Relating to the powers and duties of the Montgomery County Municipal Utility District No. 112.

THE CHAIR: Chair recognizes Representative Creighton.

REPRESENTATIVE BRANDON CREIGHTON: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 2238. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Zerwas to explain House Bill 2245.

REPRESENTATIVE JOHN ZERWAS: Thank you, Madam Speaker. Members, this bill asks (inaudible) to study a physician incentive program to reduce hospital ER services for non emergency conditions.

THE CHAIR: Is there objection to consideration of House Bill 2245? Chair hears none and lays out House Bill 2235. The clerk will read the bill.

THE CLERK: HB 2245 by Zerwas. Relating to physician incentive programs to reduce hospital emergency room use for non emergent conditions by Medicaid recipients.

THE CHAIR: Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN ZERWAS: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2235 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Eiland to explain House Bill 2277.

REPRESENTATIVE EILAND: This bill relates to (inaudible).

THE CHAIR: Is there objection to consideration of House Bill 2277? The Chair hears none. Lays out House Bill 2277. The clerk will read the bill.

THE CLERK: HB 2277 by Eiland. Relating to the sale, exchange or replacement of life insurance and annuity contracts.

THE CHAIR: Chair recognizes Representative Bonnen.

REPRESENTATIVE DENNIS BONNEN: I move passage.

THE CHAIR: The question occurs on passage of House Bill 2277 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Gonzales of Hidalgo.

REPRESENTATIVE NAOMI GONZALES: Thank you, Madam Speaker. House Bill 2286 amends the occupation code to clarify with the duties of a funeral director complete.

THE CHAIR: Is there objetion to House Bill 2286? Chair hears none and lays out House Bill 2286. The clerk will read the bill.

THE CLERK: HB 2286 by Gonzales of Hidalgo. Relating to the duties of a funeral director or an agent at the internment or entombment of a human body.

THE CHAIR: Chair recognizes Representative Gonzales of Hidalgo.

REPRESENTATIVE NAOMI GONZALES: Move passage.

THE CHAIR: The question occurs on passage of House Bill 2286 to third reading. Is there objection? Chair hears none. So ordered.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3470. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Taylor on his very first bill.

REPRESENTATIVE TAYLOR: Mr. Speaker and Members, I rise to support of a --

REPRESENTATIVE BEVERLY WOOLLEY: Mr. Madde n, for what purpose?

REPRESENTATIVE JERRY MADDEN: Mr. Speaker, would the gentleman yield?

REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Taylor?

REPRESENTATIVE TAYLOR: I yield for a question.

REPRESENTATIVE JERRY MADDEN: Mr. Taylor, just a question. Why are we getting so many Tweets a day saying to help you with a bill. Does it need that much help? Do you really need that much help? And I look at your colleagues, they are not -- Is there a problem?

REPRESENTATIVE TAYLOR: I am sure my colleagues will be here as soon as the colleagues, freshman, come up here and help me. Yes 3487 will help dogs work.

REPRESENTATIVE JERRY MADDEN: Woof. It's a woofer. This is the Puppy Mill Bill; is that right?

REPRESENTATIVE TAYLOR: Not even close. This bill helps search and rescue dog trainers to avoid deposit fees when they stay in a hotel. For instance, if they stay in a hotel, helping search for --

REPRESENTATIVE JERRY MADDEN: Can you clarify? We're certain that we are going to see on Facebook this evening something that says that you solved the state budget, solved all the immigration issues, saved the Medicaid funding, protected our school children and teachers and repealed Obamacare; does this do any of these things here today?

REPRESENTATIVE TAYLOR: Representative Madden, that dog won't hunt.

REPRESENTATIVE JERRY MADDEN: We have few others that are here. But we want to make sure that at least on your bill, when you do send out something on your Facebook, that you make sure this evening that you mention every one of your freshman classmates as helping you pass this bill.

REPRESENTATIVE TAYLOR: I will give credit where credit is due. Thank you.

REPRESENTATIVE BEVERLY WOOLLEY: For what purpose?

UNIDENTIFIED WOMAN SPEAKER: Would the gentleman yield for questions?

REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Taylor, for questions?

REPRESENTATIVE TAYLOR: I yield for questions from my friend from Collin County.

UNIDENTIFIED WOMAN SPEAKER: Now, Representative Taylor, are you sure that these dogs were not bred in a puppy mill?

REPRESENTATIVE TAYLOR: I cannot guarantee that. But I can guarantee that these dogs are out there trying to save the lives of Texans.

UNIDENTIFIED WOMAN SPEAKER: Representativ e Taylor, now you understand you were elected to the Texas House, that you are in Austin; correct? Not Washington?

REPRESENTATIVE TAYLOR: Yes, Representative Laubenberg. I'm well aware of the geographic position which I'm standing in now, which is also known as the hot seat.

REPRESENTATIVE JODIE LAUBENBERG: And have you consulted with your Collin County delegation before you filed this bill?

REPRESENTATIVE TAYLOR: I perhaps made a grave error in not consulting with you prior to making this legislation.

REPRESENTATIVE JODIE LAUBENBERG: Obviously , a freshman oversight.

REPRESENTATIVE TAYLOR: Thank you.

REPRESENTATIVE BEVERLY WOOLLEY: Represent ative King, for what purpose?

REPRESENTATIVE KING: Would the gentleman yield for questions?

REPRESENTATIVE BEVERLY WOOLLEY: Do you yield for some questions, Mr. Taylor?

REPRESENTATIVE TAYLOR: I yield.

REPRESENTATIVE KING: First, parliamentary inquiry.

REPRESENTATIVE BEVERLY WOOLLEY: State your inquiry.

REPRESENTATIVE KING: How much time do we have left?

REPRESENTATIVE BEVERLY WOOLLEY: Forty six seconds.

REPRESENTATIVE KING: Forty six seconds? And that would be your Marine (inaudible) cap?

REPRESENTATIVE TAYLOR: This is the eight point cover worn by United States Marines around the world, proudly.

REPRESENTATIVE KING: Thank you Representative Major Sheets. And we are getting close, how many seconds are left?

REPRESENTATIVE BEVERLY WOOLLEY: Twelve.

REPRESENTATIVE KING: Your dad used to serve on the ethnics committee, didn't he?

REPRESENTATIVE TAYLOR: This is correct, Representative King.

REPRESENTATIVE KING: Thank you.

REPRESENTATIVE BEVERLY WOOLLEY: Six. Is there any objection to consideration of House Bill 3487?

REPRESENTATIVE TAYLOR: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Chair hears none and lays out House Bill 3487. The Clerk will read the bill.

CLERK: HB 3487 by Taylor of Collin. Relating to regulations concerning certain service animals; providing the a criminal penalty.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Taylor of Collins. Yes, Representative --

REPRESENTATIVE TAYLOR: Madam Speaker?

REPRESENTATIVE BEVERLY WOOLLEY: Yes, for what purpose, Representative Taylor?

REPRESENTATIVE TAYLOR: Would the gentleman yield?

REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Taylor?

REPRESENTATIVE TAYLOR: I yield.

REPRESENTATIVE TAYLOR: Mr. Taylor, do you realize that we are one of the two people on this floor that have a king?

REPRESENTATIVE TAYLOR: I am aware of that, Representative Taylor.

REPRESENTATIVE TAYLOR: Susan King and King of Taylor and last time I was the only subject, and now she has two subjects. Her kingdom has grown by a hundred percent since last session.

REPRESENTATIVE TAYLOR: Let us hope that it continues to prosper and grow.

REPRESENTATIVE TAYLOR: Welcome aboard.

REPRESENTATIVE TAYLOR: Thank you, Mr. Chairman.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3487. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Strama to explain House Bill 3531.

REPRESENTATIVE MARK STRAMA: Relating to a system for monitoring prescriptions of certain drugs under the Medicaid program for children in foster care. If it's okay with Representative Taylor.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3531? Chair hears none and lays out House Bill 3531. The clerk will read the bill.

CLERK: HB3531 by Strama. Relating to a system for monitoring prescriptions of certain drugs under the Medicaid program for children in foster care.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes representative Strama.

REPRESENTATIVE MARK STRAMA: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage of House Bill 3531 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Marquez to explain House Bill 3788.

REPRESENTATIVE MARISA MARQUEZ: Madam Speaker, this is a civil service commission of power of document to witnesses necessary to defense of civil matter before a civil service commission.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3788? Chair areas none and lays out House Bill 3788. Clerk will read the bill.

CLERK: HB3788 by Marquez. Relating to the authority of a county civil service commission to administer oaths and issue subpoenas; providing a penalty.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of House Bill 3788. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Phillips to explain --

REPRESENTATIVE LARRY PHILLIPS: (Inaudible ).

REPRESENTATIVE BEVERLY WOOLLEY: Sorry would you -- Is there objection to consideration of House Bill 3803? Chair hears none and lays out House Bill 3803. The clerk will read the bill.

CLERK: HB3803 by Phillips. Relating to the creation of the Cottonwood Municipal Utility District No. 2 of Grayson County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

REPRESENTATIVE LARRY PHILLIPS: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading House Bill 3803. Is there objection? Chair hears none. So ordered. Chair recognizes representative Thompson to explain House Bill 3804.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this is the creation of the Lajitas Utility District No. 1 in Brewster County.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3804? Chair hears none and lays out House Bill 3804. Clerk will read the bill.

CLERK: HB3804 by Thompson. Relating to the creation of the Lajitas Utility District No. 1 of Brewster County; providing authority to impose taxes and issue bonds; granting a limited power of eminent domain.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of House Bill 3804. Is there objection? Chair hears none. So ordered. The chair recognizes Representative Hardcastle to explain House Bill 3806.

REPRESENTATIVE RICK HARDCASTLE: This is Haskell County Hospital District.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3806? Chair hears none and lays out House Bill 3806. The clerk will read the bill.

CLERK: HB3806 by Hardcastle. Relating to the authority of the board of directors of the Haskell County Hospital District to employ physicians and other health care providers.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of House Bill 3806. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hardcastle to explain House Bill 3809.

REPRESENTATIVE RICK HARDCASTLE: This is the Muenster Hospital District bill.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3809? Chair hears none and lays out House Bill 3809. The clerk will read the bill.

CLERK: HB3809 by Hardcastle. Relating to the authority of the board of directors of the Muenster Hospital District to employ physicians and other health care providers.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: I move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3809. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hardcastle to explain House Bill 3816.

REPRESENTATIVE RICK HARDCASTLE: This is the Nocona Hospital District.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3816? Chair hears none and lays out House Bill 3816. The clerk will read the bill.

CLERK: HB3816 by Hardcastle. Relating to the authority of the board of directors of the Nocona Hospital District to employ physicians and other health care providers.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: I move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 3816. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hardcastle to explain House Bill 3817.

REPRESENTATIVE RICK HARDCASTLE: This is the Gainesville Hospital District.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to the consideration of House Bill 3817? The Chair hears none and lays out House Bill 3817. The clerk will read House Bill 3817.

CLERK: HB3817 by Hardcastle. Relating to the authority of the Gainesville Hospital District to employ physicians and other health care providers.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Madam Speaker. Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3817. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 3823.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, members, this is a bill that regulates certain telecommunicators.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3823? Chair hears none and lays out House Bill 3823. The clerk will read the bill.

CLERK: HB3823 by Thompson. Relating to the regulation of certain telecommunicators; providing penalties.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage of House Bill 3823 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Darby to explain HCR24. Committee Report.

REPRESENTATIVE DREW DARBY: Madam Speaker, this bill simply --

REPRESENTATIVE JAMES L. KEFFER: Madam Speaker?

REPRESENTATIVE BEVERLY WOOLLEY: Represent ative Keffer, for what purpose?

REPRESENTATIVE JAMES L. KEFFER: I can't let this go. We really have to talk about this for a minutes.

REPRESENTATIVE DREW DARBY: Okay. Let's talk.

REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Darby?

REPRESENTATIVE DREW DARBY: I do yield.

REPRESENTATIVE JAMES L. KEFFER: I was wondering, Mr. Darby, don't you have to have to have water to have waterlilies? And out where you live, sir, I don't think that's the case.

REPRESENTATIVE DREW DARBY: This may come as a surprise to you Representative Keffer, but you know San Angelo has a repository of one of the most famous international waterlily collections in the world.

REPRESENTATIVE JAMES L. KEFFER: Most famous? And how do you pronounce who we're doing here? What is the Latin on this?

REPRESENTATIVE DREW DARBY: You know, for those that are not educated in the way, it's called Nymphaea.

REPRESENTATIVE JAMES L. KEFFER: Nymphaea.

REPRESENTATIVE DREW DARBY: Don't get confused.

REPRESENTATIVE JAMES L. KEFFER: Are there other Nymphaea that you would want to talk about, or is it just this Nymphaea.

REPRESENTATIVE DREW DARBY: It's talking about the Nymphaea Texas Dawn.

REPRESENTATIVE JAMES L. KEFFER: And the waterlily, you have water?

REPRESENTATIVE DREW DARBY: Far too many Nymphaea to talk about.

REPRESENTATIVE JAMES L. KEFFER: This is great legislation. I'm proud of you, sir.

REPRESENTATIVE DREW DARBY: Thank you.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of Committee Report of HCR24? Chair hears none; lays out the committee report for HCR24. The clerk will read the bill.

CLERK: HCR24 by Darby. Designating Nymphaea Texas Dawn as the official State Waterlily of Texas.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of HCR24 committee report. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Miller to lay out HCR090 committee report.

REPRESENTATIVE SID MILLER: Madam Speaker and members, HCR90 is just urging Congress to enact a law to provide attorneys for citizens in situations of war, terrorist attacks, natural disasters or other

(inaudible).

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of the committee report for HCR90? The Chair hears none and lays out committee report HCR90. Clerk will read the bill.

CLERK: HCR90 by Miller. Urging Congress to expedite the implementation of the Integrated Public Alert and Warning System program.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Miller.

REPRESENTATIVE SID MILLER: I move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of the HCR90 committee report to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Truitt to explain HCR committee report 99.

REPRESENTATIVE VICKI TRUITT: Thank you Madam Speaker. Members, this resolution calls on the requesting of the lieutenant governor and the speaker to create a joint (inaudible).

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of committee report for HCR99? Chair hears none and lays out committee report for HCR99. The clerk will Read the bill.

CLERK: HCR99 by Truitt. Requesting the lieutenant governor and the speaker to create a joint interim committee to study the benefits, including health insurance, retirement programs, and other benefits, of active and retired state employees.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Truitt.

REPRESENTATIVE VICKI TRUITT: Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on move passage to third reading of the committee report for HCR99. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Legler to explain HR784 committee report.

REPRESENTATIVE KEN LEGLER: Thank you members, Madam Chair. Urging the United States Congress to fully support operations and joint force structure at Ellington Field Joint Reserve Base.

REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of committee report for HR784? Chair hears none and lays out the committee report for HR784. Is there objection? Chair -- The clerk will read the bill.

CLERK: HR784 by Legler. Urging the United States Congress to fully support operations and joint force structure at Ellington Field Joint Reserve Base.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: I move passage.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on move passage of the committee report of HR784. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Price to explain House Bill 1436. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Madam Speaker and members, Senate Bill 729 is over and eligible.

REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion Bill of House Bill 1436 is over and eligible. Accordingly, the Chair lays out Senate Bill 729. The clerk will read the bill.

CLERK: SB729 by Seliger. Relating to a joint election for trustees of an independent school district.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: This bill allows school districts to hold a joint election with a related community college district if they so chose. Move passage.

REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of Senate Bill 729. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Weber for some important surfing news.

REPRESENTATIVE RANDY WEBER: Thank you, Madam Speaker. I was just wondering, for all of you surfers out there, if Representative -- if surfing Representative Larry Taylor is on the floor. Representative Taylor, would you stand up for a recognition? I happen to have with me an article that you made the Galveston Citizen of the Year Award in the newspaper. And, Representative Taylor, is this a picture? Is this a picture of you? And, Representative Taylor, you know that the decor of the floor of the House, I think, do you not? You voted to make it different? You voted with Lon Burnam? Does that make him either more of a conservative or you less -- more of a liberal? Okay. All right. Well, Larry, congratulations on your Citizen of the Year Award.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Giddings for an announcement.

REPRESENTATIVE HELEN GIDDINGS: Thank you very much, Madam Speaker and members, I want to introduce to you (inaudible), and he is with the institute. And would you stand up, please? He is with the institute for our strategic studies with the president of the Republic of Kazakhstan. And he is going to be in our office for three days as an intern, and he is part of a program that was placed -- that was implemented by the United States State Department. So please welcome him to our House.

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hamilton for an announcement.

REPRESENTATIVE MIKE HAMILTON: Thank you, Madam Speaker. I move to suspend the following rules: The five day posting rule, to allow the Committee on Licensing and Administrative Procedures to consider pending business in a public hearing, 4:00 p.m. today, April the 26th, 2011, at E.2012. And I also request permission for the Committee on Licensing and Administrative Procedures to meet while the House is in session at 4:00 p.m. today, April the 26th, 2011, at E.2012 to consider pending business.

REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection? The Chair hears none. So moved. The following announcement. The clerk will read the announcements.

CLERK: The Committee on Licensing and Administrative Procedures will meet at 4:00 p.m. on April the 26th, 2011, at E2.012. This will be a public hearing to consider pending business.

REPRESENTATIVE BEVERLY WOOLLEY: Represent ative Thompson asks unanimous consent for those members granted leave of absents on the previously legislative day to be excused on this legislative day. Is there objection? Chair hears none. So ordered. The Chair -- Representative Thompson moves to suspend all necessary rules to consider the Local and Consent Calendar bills on third reading. Is there objection? Chair hears none. So moved. Representative Thompson asks the unanimous consent of the vote on the first recorded vote for all bills that require record 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 78 and the clerk will read the bill.

CLERK: HB78 by Flynn. Relating to the purchase of food and beverages --

REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: Thank you, Madam Speaker. Move passage of this amendment on House Bill 74.

REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on final passage of Senate Bill 78. This is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 148 ayes, 0 nays; the motion prevails. The Chair lays out the following bills on third reading and final passage to be passed by the record vote just recorded on House Bill 78. The clerk will read the bills, as well. Or these bills as well.

CLERK: HB143 by Laubenberg. Relating to the issuance of specialty license plates to certain family members of a person who dies while serving in the United States armed forces. HB232 by Legler. Relating to the amendment of restrictions affecting real property in certain subdivisions. SB873 by Duncan. Relating to rate and damage schedules governing certain easements or other interests in land of The University of Texas System. HB343 by Fletcher. Relating to the reporting and recording of a motor vehicle accident involving an official vehicle driven by a peace officer, firefighter, or an emergency medical services employee in the course of official duties. HB398 by Jackson. Relating to the eligibility of employees convicted of certain offenses to provide services under a contract with a public school. SB605 by Rodriguez. Relating to the creation of an appellate judicial system for the Eighth Court of Appeals District. HB718 by Fletcher. Relating to the period in which a person commits the offense of funeral service disruption. HB788 by Keumpel. Relating to the establishment and use of a private family cemetery by certain organizations. HB844 by Geren. Relating to the sale or lease of property by certain municipalities owning land near the shoreline of certain lakes. HB858 by Gonzalez. Relating to the authority of the El Paso County Hospital District to employ and commission peace officers. HB890 by Howard. Relating to certain custom vehicles and street rods. HB901 by Thompson. Relating to spousal maintenance. HB927 by Harper Brown. Relating to punishment of the offense of indecent composure. HB969 by Lewis. Relating to election directors of the board of the Ector County Hospital District. HB976 by Carter. Relating to the issuance of a warrant or summons by a magistrate. HB990 by Rodriguez. Relating to certain homestead preservation reinvestment zones. HB1048 by King. Relating to the terms of the 102nd District Court in Red River County. SB757 by Anchia. Relating to the business time to certain municipal firefighters and police officers. HB1094 by Farias. Relating to the availability on the Internet of reports of political expenditures and contributions filed in connection with certain county and municipal offices. HB1120 by Weber. Relating to the dissolution of the Country Place Management District. HB1123 by Dutton. Relating to the regulation of athlete agents; providing administrative and criminal penalties. HB1127 by Gutierrez. Relating to notice of relief available to certain members of the military required to be provided in certain real property documentation. HB1144 by Cain. Relating to the Hopkins County Hospital District. HB1235 by Schwertner. Relating to the transfer of certain state property from the Texas Department of Transportation to the Parks and Wildlife Department. HB1261 by Thompson. Relating to court costs imposed on conviction and deposited to the municipal court technology fund. SB874 by Fraser. Relating to establishing a separate provider type for prosthetic and orthotic providers under the medical assistance program. SB416 by Deuell. Relating to the amount of outstanding total liability of a mortgage guaranty insurer. HBHB1267 by Smithee. Relating to the authority of certain counties and intergovernmental pools to require reimbursement for punitive damage coverage. HB1274 by Pena. Relating to an exemption from the payment of a toll for unmarked military vehicles conducting or training for emergency operations. HB1282 Kleinschmidt. Relating to the selection of the chief appraiser of an appraisal district. HB1371 by Gonzalez. Relating to vehicle parking requirements in certain municipal housing authority communities. HB1385 by Harless. Relating to personalization of certain license plates issued to veterans with disabilities. HB1403 by Rodriguez. Relating to eligibility to participate in the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program. HB1450 Guillen. Relating to a study regarding tort liability arising from a volunteer's operation of a Parks and Wildlife Department vehicle. HB1488 by Gutierrez. Relating to examinations for hiring in certain municipal fire departments HB1503 by White. Relating to the qualifications to serve as a special peace officer at a polling place. HB1514 by Isaac. Relating to the issuance to veterans of specially marked driver's licenses. SB777 by Williams. Relating to re-creating the scholarship trust fund for fifth-year accounting students as a trust fund outside the state treasury. HB1529 by Miller. Relating to the offense of fraudulent use or possession of identifying information. HB1545 by Lewis. Relating to the authority of certain political subdivisions to change the date of their general elections. HB1559 by Sarah Davis. Relating to the retention, storage, and destruction of certain court documents. HB1566 by Coleman. Relating to the authority of counties to appoint, contract for, or employ physicians, dentists, or other health care providers for county jails. HB1593 by Isaac. Relating to the inclusion of a candidate's e-mail address on an official application for a place on the ballot. HB1627 by Flynn. Relating to the eligibility requirements of election judges. HB1631 by Thompson. Relating to expedited credentialing for certain podiatrists providing services under a managed care plan. HB1651 by Alonzo. Relating to the North Oak Cliff Municipal Management District. HB1665 by King. Relating to the notification requirements regarding certain land use regulations in an area near military facilities. HB1683 by Fletcher. Relating to parking placards for vehicles of persons with disabilities. HB1694 by Coleman. Relating to the purchasing and contracting authority of certain governmental entities. HB1721 by Lucio. Relating to protective orders for certain victims of stalking or sexual assault. HB1737 by Bohac. Relating to the installation of a speed feedback sign by a property owners' association. HB1759 by Rodriguez. Relating to the creation of the Pilot Knob Municipal Utility District No. 4; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB1760 by Rodriguez. Relating to the creation of the Pilot Knob Municipal Utility District No. 5; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB1767 by Munoz. Relating to the enforcement of county subdivision regulations prohibiting more than one residential dwelling on each subdivision lot; creating an offense. HB1771 by Madden. Relating to the establishment of the Specialty Courts Advisory Council. HB1823 by Harless. Relating to the authority of certain persons to execute bail bonds and act as sureties. HB1841 by Hartnett. Relating to the taxability of Internet hosting. SB914 by Wentworth. Relating to the applicability to certain regional water districts of provisions concerning bond approval by the Texas Commission on Environmental Quality. HB1866 by Gonzalez. Relating to the designation of State Highway 20 as a historic highway. HB1896 by Harper Brown. Relating to the designation of the Irving Diamond Interchange. HB1898 by Pickett. Relating to optional fees for the registration of motor vehicles in certain municipalities. HB1899 by Pickett. Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle. HB1906 by Howard. Relating to the idling of motor vehicles; providing a criminal penalty. HB1936 by Gutierrez. Relating to importation and shipment of alcoholic beverages for personal consumption. HB1940 by Perry. Relating to the requirement of a preliminary hearing for certain persons released from the Texas Department of Criminal Justice who are alleged to have violated a condition of release. HB2002 by Marquez. Relating to the county ethics commission for certain counties. HB2033 by Hamilton. Relating to the separate statement of the mixed beverage tax for informational purposes. HB2047 by Lewis. Relating to service of process at the registered office of certain registered agents. HB2067 by Callegari. Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. LB2080 by King. Relating to certification of a person as eligible for disabled parking privileges. HB2091 by Craddick. Relating to the authority of the State Cemetery Committee. HB2108 by Paxton. Relating to electronic filing and rerecording of livestock marks and brands by county clerks. HB2118 by Coleman. Relating to adding certain synthetic compounds to Penalty Group 2 of the Texas Controlled Substances Act. HB2122 by Lozano. Relating to certain state attorneys called into active duty military service. HB2132 by Reynolds. Relating to the creation of magistrates in certain counties. HB2135 by Hochberg. Relating to the administration of end-of-course assessment instruments to public school students enrolled below the high school level. HB2141 Guillen. Relating to enforcement of laws related to water safety. HB2144 by Garza. Relating to the use of uniform election dates by newly incorporated municipalities. HB2162 by Kuempel. Relating to the power of the Cibolo Creek Municipal Authority to issue bonds. SB630 by Hegar. Relating to the Ranch at Clear Fork Creek Municipal Utility District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB2222 by Davis of Dallas. Relating to regulation of electric services. SB2226 by Truitt. Relating to authorized investments for governmental entities. HB2238 by Creighton. Relating to the powers and duties of the Montgomery County Municipal Utility District No. 112. HB2245 by Zerwas. Relating to physician incentive programs to reduce hospital emergency room use for non-emergent conditions by Medicaid recipients. HB2277 by Eiland. Relating to the sale, exchange, or replacement of life insurance and annuity contracts. HB2286 by Gonzalez. Relating to the duties of a funeral director or an agent at the interment or entombment of a human body. HB2289 by Crownover. Relating to the authority of a gas corporation to use a public right-of-way along a railroad, a railroad right-of-way, an interurban railroad, or a street railroad. HB2327 by McClendon. Relating to the establishment and operation of a motor-bus-only lane pilot program in certain counties. HB2330 by King. Relating to the statutory county courts in Wise County. HB2344 by Castro. Relating to the authority of the commissioners court of a county to create a law enforcement technology fund and to require certain defendants to pay court costs for deposit in the fund. HB2346 by Bonnen. Relating to authorized investments for ports and navigation districts. HB2371 Kleinschmidt. Relating to the designation of a segment of State Highway 71 as the 95th Division Memorial Highway. HB2385 by Geren. Relating to the DNA database at the University of North Texas Health Science Center at Fort Worth. HB2466 by Phillips. Relating to the licensing and operation of motor vehicles by minors. HB2472 the by Marquez. Relating to the reporting of certain warrant or capias information to the national crime information center. HB2518 by Kolkhorst. Relating to the transfer of certain state property from the Texas Board of Criminal Justice to the board of regents of The Texas A&M University System for the use and benefit of the Texas Forest Service. HB2579 by Davis. Relating to relief for certain employers from penalties and sanctions under the Texas Unemployment Compensation Act. HB2615 by Veasey. Relating to the provision of information on financial literacy resources to the public. HB2725 by Hartnett. Relating to the determination of incompetency in criminal cases. HB2769 by Frullo. Relating to the authority of the Texas Facilities Commission regarding gifts, grants, and donations. HB2771 by Smith. Relating to the purchasing powers and duties of a navigation district or port authority. HB2792 by Hunter. Relating to the power of the Aransas County Navigation District to determine the amount of a check or bond necessary to purchase land from the district. HB2809 by Phillips. Relating to the authority of the board of the Greater Texoma Utility Authority to approve changes in a construction contract. HB2859 by Gallego. Relating to the creation of the Terrell County Groundwater Conservation District; providing authority to impose a tax and issue bonds. HB 2869 by Harper-Brown. Relating to the powers and duties of certain master mixed-use property owners' associations. HB 2900 by Hartnett. Relating to guardianship matters and proceedings. HB 2907 by Branch. Relating to the requirements for and procedures governing tuition equalization grants. HB 2920 by Reynolds. Relating to the authority of a governing body of a Type C General Law City to adopt an ordinance to determine the manner of when commissioners run for elected office. HB 2928 by Farias. Relating to privileged parking for recipients of the Silver Star Medal. HB 2935 by Castro. Relating to the appointment of a court reporter by a criminal law magistrate in Bexar County. HB 2936 by Castro. Relating to the administration of district courts in Bexar County. HB 2937 by Lewis. Relating to access to the criminal history record information of certain individuals by public or private institutions of higher education and the Texas Higher Education Coordinating Board. HB 2948 by Lozano. Relating to the designation of certain highways as part of the Purple Heart Trail. HB 2964 by Naishtat. Relating to the lease of property or hospital facilities by certain hospital districts. HB 2966 by Naishtat. Relating to the confidentiality of certain communications and records made or collected in reference to certain sexual assault survivors. HB 3003 by Hughes. Relating to the issuance of an identification card to certain individuals to permit entrance into certain county buildings without passing through security services. HB 3049 by Lucio III. Relating to the designation of a portion of State Highway 499 as the Colonel Bill Card, Jr., Boulevard. HB 3051 by Pickett. Relating to the provision of child care by certain facilities exempt from child-care licensing requirements. HB 3137 by Crownover. Relating to the construction and operation of combined heating and power facilities in certain municipalities. HB 3140 by Paxton. Relating to the authority of certain municipalities to create economic development programs and provide loans or grants for those programs; providing authority to issue bonds. HB 3179 by Farias. Relating to contributions to the fund for veterans' assistance. HB 3208 by Burkett. Relating to the designation of a segment of U.S. Highway 80 in the town of Sunnyvale as a Blue Star Memorial Highway. HB 3255 by Strama. Relating to the creation of guidelines for the Office of the State Demographer to encourage the inclusion of a broad variety of racial/ethnic groups in estimates and projections. HB 3287 by Giddings. Relating to license renewals by the Texas Department of Licensing and Regulation. HB 3421 by Miller. Relating to the designation of the El Camino Real de los Tejas National Historic Trail as a historic highway. HB 3431 by Oliveira. Relating to the designation of a segment of U.S. Highway 77/83 and State Highway 4 as Jaime Zapata Memorial Boulevard. HB 3459 by Eiland. Relating to the containment of costs incurred in the correctional health care system. HB 3465 by Sheffield. Relating to the period for which a school district's participation in certain tax increment financing reinvestment zones may be taken into account in determining the total taxable value of property in the school district. HB 3470 by Patrick. Relating to the Texas Armed Services Scholarship Program. HB 3487 by Taylor, Van. Relating to regulations concerning certain service animals; providing a criminal penalty. HB 3531 by Strama. Relating to a system for monitoring prescriptions of certain drugs under the Medicaid program for children in foster care. HB 3788 by Marquez. Relating to the authority of a county civil service commission to administer oaths and issue subpoenas; providing a penalty. HB 3803 by Phillips. Relating to the creation of the Cottonwood Municipal Utility District No. 2 of Grayson County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 3804 by Gallego. Relating to the creation of the Lajitas Utility District No. 1 of Brewster County; providing authority to impose taxes and issue bonds; granting a limited power of eminent domain. HB 3805 by Hardcastle. Relating to the authority of the board of directors of the Haskell County Hospital District to employ physicians and other health care providers. HB 3809 by Hardcastle. Relating to the authority of the board of directors of the Muenster Hospital District to employ physicians and other health care providers. HB 3816 by Hardcastle. Relating to the authority of the board of directors of the Nocona Hospital District to employ physicians and other health care providers. HB 3817 by Hardcastle. Relating to the authority of the Gainesville Hospital District to employ physicians and other health care providers. HB 3823 by Thompson. Relating to the regulation of certain telecommunicators; providing penalties. SB729 by Seliger. Relating to a joint election for trustees fo an independent school district.

REPRESENTATIVE BEVERLY WOOLLEY: The Chair declares that these bills just read aloud, as well HCR24, HCR90, HCR99 and HR7084 to be finally passed by the record vote recorded on HB78, with the understanding that a member may record a vote with the Journal Clerk. Is there objection? Chair hears none. So ordered. The following bills -- All right, the bills are finally passed. Members, thank you for completing the Local and Consent Calendar.

REPRESENTATIVE CHARLIE GEREN: Is Mr. Brown on the House floor? Members, we're about to bring in the National Champion Aggie Womens Basketball Team. They will be available for pictures following the resolutions in the back hall, and in the speaker department. So we're not going to let everybody line up in here because we're going to take up another committee and there won't be room. So, immediately following the resolutions they'll be in the back hall. Chair recognizes Representative King of Zavala.

REPRESENTATIVE TRACY O. KING: Thank you, Mr. Speaker. I move that we suspend all necessary rules to take up and consider House Resolution Number 1261. Members, there's a lot of us that are very, very proud of this team. I just happen to be lucky enough to be the first one to make a request. So, any way, I move we suspend all rules necessary to take up and consider House Resolution 1261.

REPRESENTATIVE CHARLIE GEREN: The clerk will read the resolution.

CLERK: HR1261 by King of Zavala. WHEREAS, The Texas A&M University women's basketball team proved itself the finest Division I college squad in the country by winning the 2011 NCAA national championship with a victory in the title game on April 5; and. WHEREAS, Led by All-American senior Danielle Adams, who tallied 30 points and 9 rebounds, the Aggies overpowered a talented team from the University of Notre Dame to post a 76-70 victory and take home the university's first national title in basketball; and. WHEREAS, In addition to the dominating performance from Ms. Adams, who was named the most outstanding player in the tournament. Texas A&M received a vital boost from Tyra White, who knocked down 18 points, including a clutch three-point shot with just over a minute left in the game to help secure the win; and. WHEREAS, The exceptional play of the Aggies in the Final Four capped off an unforgettable year in which each member of the team committed herself to attaining the ultimate level of success; in addition to Ms. Adams and Ms. White, the roster includes Kelsey Assarian, Maryann Baker, Kristi Bellock, Kelsey Bone, Sydney carter, Skylar Collins, Sydney Colson, Adaora Elonu, Karla Gilbert, Kristen Grant, Adrienne Pratcher, Catherine Snow, and Cierra Windham; and. WHEREAS, These determined athletes were guided by head coach Gary Blair and received additional direction from associate head coaches Vic Schaefer and Kelly Bond and assistant coach Johnnie Harris; and. WHEREAS, Through skill, dedication, and teamwork, the Texas A&M players prevailed against two top-seeded squads and a series of. Other tough opponents as they advanced through the NCAA tournament. To earn a place among the elite collegiate teams in their sport; their achievement has inspired Aggies the world over to raise their hands in a jubilant "gig 'em," and this triumph will forever remain a cherished memory for all who take pride in this beloved Texas university; now, therefore, be it. RESOLVED, That the House of Representatives of the 82nd Texas legislature hereby congratulate the Texas A&M women's basketball team on winning the 2011 NCAA Division I national championship and extend to its players, coaches, and staff sincere best wishes for continued success; and, be it further. RESOLVED, That an official copy of this resolution be prepared for the team as an expression of high regard by the Texas House of Representatives.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. King.

REPRESENTATIVE TRACY O. KING: Thank you Mr. Speaker and members. As I said, I was just fortunate enough to be the first one to request this resolution. But Chairman Brown does a great job representing that community and has for a number of years. And I'm going to ask him to be the master of ceremonies for the rest of the event.

REPRESENTATIVE CHARLIE GEREN: Ms. Marquez , for what purpose?

REPRESENTATIVE MARISA MARQUEZ: I'll wait until it gets passed.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Brown.

REPRESENTATIVE FRED BROWN: Thank you, Mr. Speaker and members. Today we recognize great ambassadors for the State of Texas. Texas has a tradition for excellence in Women's Collegiate Basketball. With national championships won by the University of Texas of Austin, Texas Tech University and Baylor University we can now add one more team to that list. Mr. Speaker and members, help me welcome the 2011 NCAA Womens National Championship Team, the Fighting Texas A&M Aggies.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mrs.Dukes.

REPRESENTATIVE DAWNNA DUKES: Thank you, Mr. Speaker. Before we move adoption, I would like to introduce the members of this great team because at Texas A&M we all know that you are an Aggie, and you are a part of the team and that all of us are your 12th man. And it gives me great, great pride to introduce individually these members with us today. And I would ask you to wave your hand and smile real big, and if you feel like acting up then act up for us, okay? With us this morning is: Kelsey Assarian, Maryann Baker, Kristi Bellock, Kelsey Bone, Sydney Carter, Skylar Collins, Sydney Colson, Adaora Elonu, Karla Gilbert, Kristen Grant, Adrienne Pratcher, Catherine Snow, and Cierra Windham. And Most Valuable Player, the NCHA Tournament Danielle Adams. And every team has a great coaching staff and certainly this coaching staff showed their greatness this year. With us this morning is Johnny Harris, Kelly Bonds, our own secretary of defense Vic Schaefer, and the greatest head coach and leader in our community Coach Gary Blair. Joining the Texas A&M Basketball Team and the coaches is also the athletic director for A&M, Bill Burns and Tyler White and Taylor Blair.

REPRESENTATIVE CHARLIE GEREN: I believe she's the one that made the big shot.

REPRESENTATIVE DAWNNA DUKES: And with that, Mr. Speaker, I move adoption.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? So ordered. Coach Blair?

REPRESENTATIVE MARISA MARQUEZ: Mr. Speake r?

REPRESENTATIVE CHARLIE GEREN: Just one second, please. The coach has a couple words to say, Ms. Marquez.

COACH BLAIR: First I'd like to thank y'all for having us here. This is a great honor for our young ladies, because y'all are making the decisions that's going to make a difference in our state for years to come. Some day these young ladies might be taking your place, because they're all very good students. Four of them are graduating Texas A&M. Might have won the championship, but we would like to share this with the whole state, because ten out of these fifteen young ladies are from the State of Texas. And myself and Coach Schaefer are from Dallas and Houston. So we would like to share it with the state and say thank you for your leadership.

REPRESENTATIVE CHARLIE GEREN: Ms. Marquez , for what purpose?

REPRESENTATIVE MARISA MARQUEZ: As a member of the University of Notre Dame House Caucus, I move that all members' names be added to this resolution.

REPRESENTATIVE CHARLIE GEREN: Members, you've heard the motion. Is there any objection? So ordered. Members, the women Aggies are moving to the back for photographs. Any of y'all want to meet them, please feel free to go back there. And we are going on to third reading. Members, if you have a bill on third reading please be ready. Chair lays out on third reading House Bill 290. Clerk will read the bill.

CLERK: HB290 by Jackson. Relating to punishment of the offense of employment harmful to children.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Jackson.

REPRESENTATIVE JIM JACKSON: Mr. Speaker, members, this is the bill that increases penalties for repeat offenses of employment harmful to children. Move passage.

REPRESENTATIVE CHARLIE GEREN: Members, this is a record vote. The clerk will ring the bell. Have all members voted? There being 147 ayes, 0 nays, 2 present not voting; House Bill 290 passes -- is finally passed. Chair lays out House Bill 417. The clerk will read the bill.

CLERK: HB417 by Anchia. Relating to provision of notice regarding and limitations of attorneys' fees for certain services provided in connection with the making of a wrongful imprisonment claim.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mr. Speaker. Members, House Bill 417 provides additional protection to exonerees who are applying for compensation to the Comptroller's Office. Move adoption.

REPRESENTATIVE CHARLIE GEREN: Members, it's a record vote. The clerk will ring the bell. Have all members voted? There being 146 ayes, 0 nays, 2 present not voting; House Bill 417 is finally passed. Chair lays out House Bill 625. Clerk will read the bill.

CLERK: HB625 by Solomons. Relating to notice of staff increasing services company to Workers' Compensation claims and payment information; providing an administrative violation.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Solomon.

REPRESENTATIVE BURT R. SOLOMONS: Thank you Mr. Speaker and members, this is a bill we passed on second reading; involves some Workers' Comp. issues with service companies. And I move passage.

REPRESENTATIVE CHARLIE GEREN: Question occurs on House Bill 625. It's a record vote. Clerk will ring the bell. Have all members voted? There being 147 ayes, 0 nays, two present not voting; House Bill 625 finally passes.

REPRESENTATIVE MARISA MARQUEZ: Chair lays out on third reading House Bill 627. Clerk will read the bill.

CLERK: HB627 by Woolley. Relating to fees collected by district clerks for certain electronic certified copies.

REPRESENTATIVE MARISA MARQUEZ: Members, Chair recognizes Representative Woolley.

REPRESENTATIVE BEVERLY WOOLLEY: Madam Speaker, members, this is the bill we passed Thursday relating to the fees collected by district clerks for certain certified copies. Move passage.

REPRESENTATIVE ARMANDO WALLE: Madam Speaker?

REPRESENTATIVE MARISA MARQUEZ: Representa tive Walle, for what purpose?

REPRESENTATIVE ARMANDO WALLE: Would Representative Woolley yield for just a few questions?

REPRESENTATIVE MARISA MARQUEZ: Representa tive Woolley, would you yield

REPRESENTATIVE BEVERLY WOOLLEY: For a question, yes, I would yield.

REPRESENTATIVE MARISA MARQUEZ: She yields.

REPRESENTATIVE ARMANDO WALLE: Just a few questions. Just so I understand, in the fiscal note -- there's a quote in the fiscal note that states that -- and I quote, that the bill would amend the government code to require a district clerk to collect a fee for a certified copy, not to exceed one dollar per page, or for part of a page, that would be retained by the county, close quote. And quote, there could be a positive impact fiscal impact from the additional revenue resulting from the new fee, close quote. And my question is is this a new fee that people are not currently paying for copies of records that the county keeps?

REPRESENTATIVE BEVERLY WOOLLEY: They have -- What -- The way it's been is that they had go in to get a certified copy. This is to allow the certified copy to be charged for electronically.

REPRESENTATIVE ARMANDO WALLE: Electronica lly, okay. Okay.

REPRESENTATIVE BEVERLY WOOLLEY: And it would be able -- It would allow them to charge up to a dollar. They can do it below a dollar.

REPRESENTATIVE ARMANDO WALLE: Okay. And so if one of my constituents needed a record, like a property deed, could they call and get the copy sent to them electronically at no charge?

REPRESENTATIVE BEVERLY WOOLLEY: At no charge?

REPRESENTATIVE ARMANDO WALLE: Right.

REPRESENTATIVE BEVERLY WOOLLEY: A noncertified copy.

REPRESENTATIVE ARMANDO WALLE: A noncertified copy? Okay.

REPRESENTATIVE BEVERLY WOOLLEY: Let me make sure of that, so I'm not misstating that, though. And I tell you what, can we postpone it? Let me postpone it until 3:45.

REPRESENTATIVE ARMANDO WALLE: Sure. Sure.

REPRESENTATIVE BEVERLY WOOLLEY: Let me check. I don't have my papers with me.

REPRESENTATIVE ARMANDO WALLE: Okay.

REPRESENTATIVE BEVERLY WOOLLEY: Okay. Thank you.

REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion to postpone to 3:45. Are there any objections? Hearing none. So ordered. Chair lays out on third reading HB707 it recognizes -- The clerk will read the bill.

CLERK: HB707 by Laubenberg. Relating to the validation of certain governmental acts and proceedings of certain municipalities relating to certain public improvement districts.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: This is a technical clean-up towards district (inaudible). I move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against House Bill 707? The question occurs on final passage of HB707. This is a record vote. The clerk will ring the bell. Representative Laubenberg voting aye. Have all members voted? Have all members voted? There being 148 ayes, 0 nays, 2 present not voting; HB707 is finally passed. Chair lays out on third reading HB782. Clerk will read the bill.

CLERK: HB782 by Davis of Dallas. Relating to a requirement of certain bond issuers obtain an appraisal of property that is to be purchased with bond proceeds.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: Thank you, Madam speaker. This bill just allows us to make sure there's an appraisal done when you are spending public money.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB782? The question occurs on final passage of HB78. This is a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? There being 146 ayes, 1 nay, 2 present not voting and 1 absent; House Bill 782 is finally passed. Chair lays out HB812 on third reading. Clerk will read the bill.

CLERK: HB812 by King. Relating to the definition of peace officer for purposes of interest of intercepting or collecting information relating to certain communication in a investigation of criminal conduct.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative King.

REPRESENTATIVE PHIL KING: Madam Speaker, members, this is the bill we passed. It adjusts the definition of peace officer in the code of criminal procedure. I move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB812? The question occurs on final passage of HB812. It's a record vote. The clerk will ring the bell. Have all voted? Have all members voted? There being 146 ayes, 0 nays, 3 present not voting; HB812 is finally passed. Chair lays out HB887 on third reading. Clerk will read the bill.

CLERK: HB887 by Geren. Relating to registration of a motor vehicle alleged to have been involved in a violation detected by a photographic traffic signal enforcement system.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Chairman Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you, Madam Speaker. House Bill 887 prohibits the county assessor collector and the Department of Motor Vehicles to refuse to register motor vehicles that have allegedly been involved in a red light camera violation.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against --

REPRESENTATIVE CHARLIE GEREN: Move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB887? The question occurs on final passage of HB887. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 137 ayes, 10 nays, 2 present not voting and 1 absent; HB887 is finally passed. Chair lays out HB1061. Clerk will read the bill.

CLERK: HB1061 by Otto. Relating to the expiration of certain investment authorities of the Teacher Retirement System of Texas.

REPRESENTATIVE MARISA MARRQUEZ: Chair recognizes Representative Otto.

REPRESENTATIVE JOHN OTTO: Thank you, Madam Speaker, members, this is the bill that we passed last week that extends the sunset on the investment authority of the Teacher Retirement System of Texas to 2019. Move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1061? The question occurs on final passage of HB1016. This is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 147 ayes, 0 nays, 2 present not voting; HB1016 is finally passed. Chair lays out House Bill 1112. The clerk will read the bill.

CLERK: HB1112 by Phillips. Relating to the authority and powers of regional mobility authorities.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Chairman Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you Madam Speaker. Members, this is the regional mobility authority clean up that -- some of you have regional mobility authority, some of you don't. I know that I have some questions that I need to answer, for some of you that don't have regional mobility. That is quite all right. But that's quite all right.

REPRESENTATIVE MARISA MARQUEZ: Representa tive Burkett, for what purpose?

REPRESENTATIVE CINDY BURKETT: Yes, I have some questions for the gentleman, please.

REPRESENTATIVE MARISA MARQUEZ: Representa tive, do you yield?

REPRESENTATIVE LARRY PHILLIPS: I sure do.

REPRESENTATIVE CINDY BURKETT: Chairman Phillips, I just have some quick questions from constituents in my district regarding the legislative intent of your bill. Would this bill in any manner allow for tolls to be maintained on toll road in perpetuity?

REPRESENTATIVE LARRY PHILLIPS: This bill does not address toll roads in perpetuity, so this bill, if you vote for this bill, if you vote against this bill, it won't affect the ability to have -- whether there's toll roads that have perpetuity or not.

REPRESENTATIVE CINDY BURKETT: Great. Okay. And then would this bill expand system financing, which would essentially allow funds from one highway corridor to be dedicated to be financing another one?

REPRESENTATIVE LARRY PHILLIPS: Depends on what you're talking about, highway corridor, but -- And you live in a place that has NTTA? This really wouldn't affect any other authority, other than what NTTA already has.

REPRESENTATIVE CINDY BURKETT: So, it's no further than what we currently have in place?

REPRESENTATIVE LARRY PHILLIPS: Right.

REPRESENTATIVE CINDY BURKETT: And would the bill allow for RNA fees, like property tax appraisal increases for its projects, or use toll revenues for economic development purposes?

REPRESENTATIVE LARRY PHILLIPS: No, not for economic development purposes. But I guarantee you, if you build a road, economic development will follow. But, no, it doesn't do that. So you passed a bill earlier this session, Representative Pickett had a bill, and that's the increase in property evaluation that would bring in revenues along a specific corridor. But that bill -- that wasn't for economic development. That was economic development that helped pay for a much needed road. So that would be -- But, no, it's not for economic development. That's not why you do that. You build a road for congestion relief and economic development will follow.

REPRESENTATIVE CINDY BURKETT: Okay. Thank you. Speaker, I would like to request that the remarks exchanged between Chairman Phillips and myself be recorded in the journal.

REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection? So ordered.

REPRESENTATIVE LARRY PHILLIPS: Again, members, this bill is a clean up of regional mobility authorities. Most of you don't have regional mobility authorities, those of you who do, understand. This is just a clean up to that. So those of us that have them, I would ask you to vote to pass it. Thank you.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1112? The question occurs on final passage of HB1112. This is a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? There being 109 ayes, 36 nays, 2 present not voting; HB1112 has finally passed. Chair lays out House Bill 1168. Clerk will read the bill.

CLERK: HB1168 by Miller. Relating to smoke alarms and fire extinguishers in a residential rental unit.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Miller.

REPRESENTATIVE DOUG MILLER: Thank you, Madam Speaker. Members, this bill updates the Texas smoke detector law for rental properties. It makes the state law consistent with international fire code provisions. We heard this bill the other day and I would move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1168? The question occurs on final passage of HB1168. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays, 2 present not voting and 34 absent; HB1168 finally passes. Chair lays out HB1103 from third reading. Clerk will read the bill.

CLERK: LB1103 by Lucio. Relating to payment of a fee as the required condition for community supervision for certain criminal offenses involving animal cruelty.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Lucio.

REPRESENTATIVE EDDIE LUCIO III: Thank you, Madam Speaker. This is relating to a payment of a fee, as required as a condition of community supervision, for those found guilty and given probation involving animal cruelty. And I move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1103? The question occurs on final passage of HB1150. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 2 nays, 2 present not voting; HB1103 is finally passed. Chair lays out HB1449. The clerk will read the bill.

CLERK: HB1449 by Guillen. Relating to certain right-of-way easements on land owned by the Parks and Wildlife Department.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, House Bill 1449 will streamline the process for granting certain easements across Texas Parks and Wildlife property.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1449? The question occurs on final passage of HB1449. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays, 2 present not voting, 3 absent; LB1449 is finally passed. Chair lays out HB1523. Clerk will read the bill.

CLERK: HB1523 by Philips. Relating to the offense of transporting household goods without registration; providing a penalty.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Members, this is my bill related to increase in penalties for moving theft. Move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against House Bill 1523? The question occurs on final passage of HB1523. This is a record vote. Clerk will ring the bell. Have all voted? Have all members voted? There being 147 ayes, 40 nays, 2 present not voting, 1 absent; HB1523 has finally passed. Chair lays out HB2793. The clerk will read the bill.

CLERK: HB2793 Hunter. Relating to the processing fee being charged for a dishonored payment device.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Chairman Hunter.

REPRESENTATIVE TODD HUNTER: This deals with dishonored payment checks.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB2793? This question occurs on final passage of HB2793. This is a record vote. Clerk will ring the bell. Have all members voted? Show Representative Hunter voting aye. Have all members voted? There being 148 ayes, 0 nays, 2 present not voting; HB2793 has finally passed. Chair lays out on third reading HB1666. Clerk will read the bill.

CLERK: HB1666 by Castro. Relating to the prosecution of the offense of online impersonation.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: HB1666 expands the protection against online harassment. And I move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1666? The question occurs on final passage of HB1666. This is a record vote. The clerk will ring the bell. There being 141 ayes, 1 nay 2 present not voting, 6 absent; HB1666 finally passes. Chair lays out HB1711 on third reading. Clerk will read the bill.

CLERK: HB1711 by John Davis. Relating to disaster and mediation contract, providing penalties.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Davis of Harris.

REPRESENTATIVE JOHN E. DAVIS: Thank you Mr. Speaker. Members, this is the bill we passed on Thursday. It's a consumer protection bill to improve access to reliable and responsible disaster remediation contractors.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1711? The question occurs on final passage of HB1711. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 141 ayes, 4 nays, 2 present not voting, 3 absent; HB1711 is finally passed. Chair lays out on third reading HB1750. Clerk will read the bill.

CLERK: HB1750 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.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Members, this bill simply allows TEXdot to contract and lease rolling stocks during times of emergency.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB1750? The question occurs on final passage of HB1750. The clerk will ring the bell. This is a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 3 nays, 2 present not voting; HB1750 has finally passed. Chair lays out on third reading SB488. Clerk will read the bill.

CLERK: SB488 by Van de Putte. Relating to criminal background checks on users of online dating services, and disclosures of online dating safety measures; providing a civil penalty.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Patrick.

REPRESENTATVIE DIANE PATRICK: Madam Chair, members, I move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against Senate Bill 488? The question occurs on final passage of SB488. This is a record vote. The clerk will ring the bell. Have all voted? Have all members voted? Chair shows Representative Larry Taylor voting aye. There being 135 ayes, 12 nays, 2 present not voting, 1 absent; Senate Bill 488 is finally passed. Chair lays out a matter of postponed business House Bill 627. And the clerk will read the bill.

CLERK: HB627 by Woolley. Relating to fees collected by a district clerk for certain electronic certified copies.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Speaker Woolley.

REPRESENTATIVE BEVERLY WOOLLEY: Thank you, Madam Chairman. Madam Speaker and members, this bill is the one I just postponed and talked about a little earlier, regarding certified copies by the district clerk of the county. Currently, there's no clear statutory authority for a district clerk to charge for an electronically certified copy. So this is about the cost of the copy, certified electronically; and it's to be up to a dollar. Move passage.

REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against HB62727? The question occurs on final passage of HB627. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 147 ayes, 0 nays, 2 present not voting, 1 absent; House Bill 627 has finally passed. Chair recognizes Representative Geren for an announcement.

REPRESENTATIVE CHARLIE GEREN: Members, your personal financial statements are due in the ethics commission next Monday. If you're going to file an extension you have to do it before Monday, so either have your financial statement into the ethics by Monday afternoon, or file an extension so you don't get in trouble on it. Thanks.

REPRESENTATIVE MARISA MARQUEZ: Chair lays out House Bill -- As a matter of postponed business, House Bill 1979 on second reading. Clerk will read the bill.

CLERK: HB1979 by Laubenberg. Relating to strategic partnerships for the continuation of certain water districts annexed by a municipality.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: Madam Speaker, I would like to postpone this bill until 9:00 a.m., May 1st.

REPRESENTATIVE MARISA MARQUEZ: Members, you've heard the motion. Any objection? HB1979 is postponed until next Monday, May the 1st at 9:00 a.m. Hearing no objection. So ordered. Chair lays out a matter of postponed business HB2334 on second reading. Clerk will read the bill.

CLERK: HB2334 by Hardcastle. Relating to the operation by the Department of Agriculture of programs for rural economic development and the marketing and promotion of agricultural and other products grown, processed, or produced in this state.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Madam Speaker. Members, I move to postpone House Bill 2334 until Tuesday, May the 3rd, at 9:00 a.m.

REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion to postpone HB2334 till Wednesday, May 3rd at 9:00 a.m. -- Tuesday, May 3rd at 9:00 a.m. Is there any objection? Chair hearing none. So ordered. Chair recognizes Representative Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: Madam Speaker, Monday, May 2nd. Thank you.

REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion to postpone HB1979 to Monday, May 2nd at 9:00 a.m. Is there any objections? Chair hearing none. So ordered. Please excuse Representative Geren because of committee meeting for Licensing and Administrative Procedures on a motion of Representative Miller. Are there any objections? Hearing none. So ordered. Chair lays out as a matter of postponed business HB1089. Clerk will read the bill.

CLERK: HB1089 by Martinez Fischer. Relating to the authority of the county or municipality to require the removal of graffiti by a property owner.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Martinez Fischer.

REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you, Madam Speaker. Members, I move to postpone the consideration of House Bill 1089 until Monday, May 2nd at 8:59 a.m.

REPRESENTATIVE MARISA MARQUEZ: Members, you have heard the motion to postpone HB1089 to Monday, May 2nd at 8:59 a.m. Are there any objections? Chair hearing none. So ordered. Chair recognizes -- Chair lays out HB1451 on second reading. Clerk will read the bill.

CLERK: HB1451 by Thompson. Relating to the licensing and regulation of certain dog and cat breeders; providing penalties.

REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Mrs. S peaker, members, this is the Puppy Mill Bill that has called a lot of attention. This bill does basically three things: It makes sure those persons who run puppy mills are outlawed within the State of Texas. It provides exercise, clean water, a cage sufficient enough for the animal to be able to stretch, and food. I move passage.

REPRESENTATIVE LOIS KOLKHORST: Members, is there anyone wishing to speak on, for, or against House Bill 1451? Chair recognizes Representative Simpson to speak against the bill.

REPRESENTATIVE DAVID SIMPSON: Thank you, Madam Speaker. Members, there's a lot of attention to this bill, and I would like to make it very clear that I think all of us here are very much in support of our animal cruelty laws. They are they are there to be enforced, and I think that they should be enforced vigorously. We all are opposed to animal cruelty. This bill, 1451, though I appreciate Chairman Thompson's desires and goals, I don't think that they're going to achieve anything with respect to criminal breeders that are already acting outside the law. They are not going to come and volunteer themselves to be licensed, to be registered to be inspected and to pay a fee, according to the figures of this bill, will be at least $1,300. If you divide a thousand breeders by 1.3 million you get a 1,300-dollar fee. I ask that you oppose this bill and support the enforcement of our animal cruelty laws, which deal with abandonment, deal with torture, deal with starving of animals. My family has been personally involved in caring for and picking up animals and it is a serious problem. But this bill does not address it. What it does do is it burdens those who are keeping the law, those who are responsible breeders. And we are going ask them to pay a penalty, so to speak, of $1,300. If the AKC is correct, and there are only about 300 breeders that this law will effect, it will mean that they will have to pay a fee of about $4,300. Furthermore, this mill authorizes the searching of property, with or without the owner or the licensed breeder. It authorizes the access into ones' house to gain access to animals or documents. This violates the 4th Amendment of our U.S. Constitution and Section 9 of our Texas Bill of Rights. It will really establish, and I don't mean to be funny, but a dog Gestapo. We have deliberated long on this floor about increasing the scope and size of government. This bill will increase government by 14 and a half SCEs, according to the fiscal note. We paused long and hard to cut lots of other things in our government, to help save education, to help save our nursing homes. This bill will burden responsible breeders. It's been reported that in my own city that there's been lots of dogs that have been picked up, and I don't doubt that. But I dare say that they haven't been purebred dogs. This bill will not deal with the responsible. It is our duty to punish the wrongdoers and to allow those who are responsible to be free. We should get out of their way. I fear we are moving in the direction of DC, we are regulating lightbulbs and toilets, and now we're going to establish the pet police to come on people's property and even into their homes without a warrant. I support the vigorous, rigorous enforcement of our animal cruelty laws. This bill will hurt Texas' lawful breeders, and I do not think the unlawful will submit themselves to licensing and to pay such fees as are contemplated in this bill. And I urge you to vote against this bill and to support our current laws. Thank you very much.

REPRESENTATIVE LOIS KOLKHORST: Is there anyone else wishing to speak for or against House Bill 1451? The Chair recognizes Representative Thompson to close.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, in this bill there's no dollars and cents, no money put in this bill of how much anyone is going to be charged. That's up to a committee where they would have the public input, and they would make that decision themselves. And, secondly, if there was going to be enforcement of the laws already in the books, why do we have the Mayor of Longview, the Mayor of the city of

(inaudible), who is in support of this bill, and who says that people who have puppy mills in his part of the country, let those animals loose in his city, would have to spend $151,000 a year to round up the puppy mill dogs, those sick animals that they are letting loose out of the puppy mills. This is not enforcing anything more than the humane treatment of animals and the protection of the customer. We have the responsibility of the health and the welfare and protection of citizens of this state. And when that is concerned the consumers, the consumers have the right to buy healthy animals, they have the right to have animals that have been raised properly, treated properly and raised in humane conditions. I know that none of you in this room would want to go to a puppy mill farm and find the stench of ammonia so strong that you cannot smell it. And it just a few weeks ago there was a 140 animals taken in Mr. Simpson's hometown, where most of those animals had to be put down because of deteriorating conditions of those animals, with maggots and such a sick condition until they had to euthanize those animals. I move passage of this piece of legislation, and I think it moves in the right direction. Thank you.

REPRESENTATIVE LOIS KOLKHORST: Please excuse Representatives Kuempel, Driver, Hamilton, Quintanilla, Gutierrez, Harless, Truitt and Menendez for a committee meeting on Licensing and Procedures; by Representative Frullo. Is there any objection? Chair hears none. So ordered. Members, the question occurs -- We're going to back up, members, and Representative Menendez and Harless have asked not to be excused for the meeting. Is there objection? Chair hears none. So ordered. Members the question occurs on the passage to engrossment of House Bill 1451. All those -- There is a record vote requested. All those in favor vote aye. All those opposed vote no. The clerk will ring the bell. Have all members voted? Have all members voted? There being 95 ayes, 44 nays, 2 present not voting; House Bill 1451 passes to engrossment. Members, now excuse Representative Menendez and Harless for a meeting on Licensing and Procedure on a motion of Representative Frullo. Is there objection? Chair hears none. Madam Doorkeeper, for what purpose?

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

REPRESENTATIVE LOIS KOLKHORST: Admit the messenger.

SENATE MESSENGER: Thank you, Madam Speaker. I'm directed by the Senate to inform the House --

REPRESENTATIVE LOIS KOLKHORST: Chair lays out on second reading Senate Bill 646 recognizing -- Clerk will please read the bill.

CLERK: SB646 by Nichols. Relating to the continuation and the functions of the Texas Forest Service.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Cook to explain the bill.

REPRESENTATIVE BYRON COOK: Thank you, Madam Speaker. Members, this is the sunset bill for the Texas Forest Service, which is a part of the Texas A&M University system. I think no one can deny how important a wildfire protection is in this state. I think the reason -- It's never been under sunset, and the reason it was put under sunset is because there was a concern and really an exception that the University of Texas -- A&M University system put the proper emphasis on this extremely important agency. So that's the reason we have it here today. The major provisions of this legislation are to make sure that the Texas Forest Service has the clear authority with respect to wildfire protection plans, wildfire response, as well as the planning role of the volunteer fire department. It authorizes a fire service to involve a volunteer fire service in a statewide fire protection response, and ensures these personnel have the proper qualification. The bill positions volunteer fire departments assist programs to better serve Texas Fire Service in a strategic wildfire protection plan. And, finally, it extends the Texas Forest Service for 12 years.

REPRESENTATIVE LOIS KOLKHORST: Mr. Chisum , for what purpose?

REPRESENTATIVE WARREN CHISUM: Does the gentleman yield?

REPRESENTATIVE BYRON COOK: Absolutely.

REPRESENTATIVE LOIS KOLKHORST: He yields.

REPRESENTATIVE WARREN CHISUM: Does this have anything to do with trees in the Texas panhandle?

REPRESENTATIVE BYRON COOK: Pardon me?

REPRESENTATIVE WARREN CHISUM: Does this have anything to do with trees?

REPRESENTATIVE BYRON COOK: It has to do with anywhere there is any kind of plants that can burn up, whether it's in the panhandle or in the people's backyards --

REPRESENTATIVE WARREN CHISUM: I hope your bill causes more trees to grow in our panhandle.

REPRESENTATIVE BYRON COOK: I wish it would. I think we're going to have some rain for that to happen, Mr. Chisum.

REPRESENTATIVE LOIS KOLKHORST: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Castro.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: Thank you, Madam Speaker. Members, this amendment is simply a clean up amendment. It simply changes his to be gender neutral. Move adoption.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Cook. It's acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Is there anyone wishing to speak on, for, or against Senate Bill 646? Chair hears none and recognizes Representative Cook to close.

REPRESENTATIVE BYRON COOK: Move passage.

REPRESENTATIVE LOIS KOLKHORST: Members, the question occurs on passage of Senate Bill 646. All those in favor say aye, all those opposed say nay. The ayes have it and Senate Bill 646 passes to engrossment. Chair lays out House Bill 1933. The clerk will read the bill.

CLERK: HB1933 by Smith. Relating to the regulation of metal recycling entities; providing penalties.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Smith of Harris.

REPRESENTATIVE WAYNE SMITH: Thank you, Mrs. Speaker and members. This bill requires recycling entities to wait at least five days before the acquisition of regelated material, before it may be disposed, processed or removed from the premises. And an entity may only place for the purchase of regulated metal by check issued to the seller, no earlier than the fifth day after the purchase, or by cash not earlier than tenth day after the purchase.

REPRESENTATIVE RANDY WEBER: Madam Speaker?

REPRESENTATIVE LOIS KOLKHORST: Representa tive Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: I raise a point of order against further consideration of House Bill 1933, under Rule 4, Section 34, Rule 12, Section 1 of the rules of the House, on the grounds that the impact statement by the committee was not attached to the bill in the first printing.

REPRESENTATIVE LOIS KOLKHORST: Bring your point of order forward. Mr. Weber raises a point of order under Rule 4, Section 34, that House Bill 1933 was not complied with for reasons that will be further explained in the journal. The Chair respectfully overrules the point of order in that Rule 4, Section 34 was complied with. The point of order is respectfully overruled. Chair recognizes Representative -- Representative Miller, for what purpose?

REPRESENTATIVE DOUG MILLER: Would the gentleman yield for questions?

REPRESENTATIVE LOIS KOLKHORST: Do you yield?

REPRESENTATIVE WAYNE SMITH: I do.

REPRESENTATIVE DOUG MILLER: Thank you, Representative Smith, thank you. Can I ask you a few questions about this, since you have done a lot of research on this, obviously, in working on this? Is it true that it's about 2400 of these recyclers in Texas?

REPRESENTATIVE WAYNE SMITH: The answer is yes.

REPRESENTATIVE DOUG MILLER: It's my understanding that we've got about 15 percent of them that are actually trying to operate legally, and are registered; is that right?

REPRESENTATIVE WAYNE SMITH: Yes.

REPRESENTATIVE DOUG MILLER: The only question I have here is that in your bill, what I understand is that whether you're registered or not registered, that you have to sustain right now. You cannot accept or make a cash payment for ten days, isn't there a ten day current rule in the bill?

REPRESENTATIVE WAYNE SMITH: That's correct. It's ten days before you can deliver cash if you deliver the scrap metal to the recycling center.

REPRESENTATIVE DOUG MILLER: And what is your proposal? Does it change that, or what is it doing about the ten day?

REPRESENTATIVE WAYNE SMITH: Right, that's what's in the bill currently. They attach it if they

(inaudible).

REPRESENTATIVE DOUG MILLER: We've got some people actually, I guess probably unregistered folks, the people that are skating on the edge, you might say; that they are out there and the concern is that they might be buying stolen property.

REPRESENTATIVE WAYNE SMITH: That's correct.

REPRESENTATIVE DOUG MILLER: Would there be any -- I guess, the question I have is that, and I understand what you're trying to do here, is you're trying to make sure that this black market, if will, or paying for stolen property is eliminated. But I guess the question that comes forward would be shouldn't we regulate the industry, have these people -- all these people registered, and then have some penalty in place if they are not registered and are operating below the radar screen?

REPRESENTATIVE WAYNE SMITH: They can currently be registered, if the local government requires registration. And if they violate that registration and purchase scrap metal, then they could be penalized.

REPRESENTATIVE DOUG MILLER: Okay. So how does this measure -- Doesn't this measure go to the extent of penalizing the 14 or 15 percent that is currently registered?

REPRESENTATIVE WAYNE SMITH: No, I don't see how it penalizes them at all.

REPRESENTATIVE DOUG MILLER: All right. Thank you, sir.

REPRESENTATIVE WAYNE SMITH: Thank you.

UNIDENTIFIED MAN SPEAKER: Madam Speaker, will the gentleman yield?

REPRESENTATIVE LOIS KOLKHORST: Will you yield?

REPRESENTATIVE WAYNE SMITH: Yes, for a question.

UNIDENTIFIED MAN SPEAKER: Thank you, Representative Smith. Wayne, I had some conversation with you when you first carried the bill, and I told you that I was going to the Environmental Committee last time. I had some really severe reservations about it. Are you aware that my full time job is that I'm an air conditioning contractor in my real life?

REPRESENTATIVE WAYNE SMITH: Yes, that you're an air conditioner --

REPRESENTATIVE RANDY WEBER: I'm an air conditioner contractor, and, as such, we deal with copper and aluminum and these kinds of scrap metal that go to the scrapyard.

REPRESENTATIVE WAYNE SMITH: Yes.

REPRESENTATIVE RANDY WEBER: A couple of questions for you: Are you familiar or aware of the bill that actually passed the 80th Session, that was -- I think that Representative Miller talked about, that required scrappers to register?

REPRESENTATIVE WAYNE SMITH: I'm not directly, but I assume you were on the interim study and so was Chairman Cook. I assume that you two would be more familiar with it.

REPRESENTATIVE RANDY WEBER: Okay. And do you recall that Representative Miller said that really only about 14 percent of those thousand-plus scrappers across the state have registered?

REPRESENTATIVE WAYNE SMITH: Yes.

REPRESENTATIVE RANDY WEBER: And you're aware that we are already requiring them to take pictures of the regulated material and submit them to the DPS?

REPRESENTATIVE WAYNE SMITH: Yes.

REPRESENTATIVE RANDY WEBER: Okay. All right. And you're aware that only 14 percent of people have begun to comply with that, and I don't think it seems fair to me, and I wouldn't think to you, being a former business owner, that we're requiring a small percentage of people, the good actors, if you will, and the others have not complied. Let me further ask you, Wayne, doesn't it seem logical that we ought to enforce the law that was passed in the 80th Session before we try to put the onus on the business owners to make them try to prevent thieving, if you will?

REPRESENTATIVE WAYNE SMITH: Whatever happened in the 80th Session may not be working real well. Because in my hometown the band to the church had the air-conditioners stolen off their roof and sold for the copper in it.

REPRESENTATIVE RANDY WEBER: And that happens in a lot of areas, cars get stolen but we don't regulate the auto industry and we don't regulate pawnshops, do we, and say that they can't pay cash?

REPRESENTATIVE WAYNE SMITH: We do have some regulations for pawnshops, and there's legislation in this cycle that would regulate the gold and metal. And, in fact, Chairman Geren he has today -- he's got a bill this session that we've already passed that regulates those who buy jewelry.

REPRESENTATIVE RANDY WEBER: But this bill requires that a business trying to do business in the State of Texas has to wait five days to write a check; is that correct?

REPRESENTATIVE WAYNE SMITH: That's correct.

REPRESENTATIVE RANDY WEBER: And ten days to pay cash?

REPRESENTATIVE WAYNE SMITH: Ten days, that's correct.

REPRESENTATIVE RANDY WEBER: That doesn't seem unfair to you, that we're telling a business how they need operate their business and when they can pay and on what method they can use and on what timeframe?

REPRESENTATIVE WAYNE SMITH: No, it doesn't seem unfair. At this time --

REPRESENTATIVE RANDY WEBER: It doesn't seem unfair to you?

REPRESENTATIVE WAYNE SMITH: As my mouthpiece says, it's to the benefit of the entire state.

REPRESENTATIVE RANDY WEBER: At the detriment of the business owners. So, are you saying that we should keep pawnshops from paying cash?

REPRESENTATIVE WAYNE SMITH: Not necessarily to the detriment of the business owners.

REPRESENTATIVE RANDY WEBER: How about the Wal-Mart, where somebody goes in and shoplifts something and brings back and says I got this as gift, I need to get reimbursed for it. Do we make Wal-Mart wait five days to send them a check, or ten days, they have to come back in ten days to get cash; because we want to prevent shoplifting?

REPRESENTATIVE WAYNE SMITH: What about the neighbor of mine who lives in the same community, who had his telephone wires cut down and burned so that they could sell the copper out of them.

REPRESENTATIVE RANDY WEBER: I understand, thieving is a problem. There's no question about that. Why don't we just outlaw thieving? We lose more probably in Medicaid and Medicare fraud than we do in copper theft.

REPRESENTATIVE WAYNE SMITH: Well, this bill doesn't address Medicaid fraud.

REPRESENTATIVE RANDY WEBER: Your bill also says that an HVAC license is required, which I have one of; licensed by the TDLR, a license is required to turn in air-conditioning aluminum coils, copper, which we would refurbs; is that correct?

REPRESENTATIVE WAYNE SMITH: That's correct.

REPRESENTATIVE LOIS KOLKHORST: Representa tive Sheffield raises a point of order that the gentleman's time has expired. Point of order is well taken and --

REPRESENTATIVE RANDY WEBER: Madam Speaker?

REPRESENTATIVE LOIS KOLKHORST: For what purpose?

REPRESENTATIVE RANDY WEBER: I move that we extend the gentleman's time.

REPRESENTATIVE LOIS KOLKHORST: Members, you have heard the motion. This is the first extension of time. Is there objection? Chair areas none. So ordered.

REPRESENTATIVE RANDY WEBER: And, Wayne, as an air-conditioning contractor with a license, this bill would actually help me, because what would it require is somebody that takes an air conditioner coil has to have my license to do it. So what I would do is require the people that get our scrap, say look, you want to take this to the scrappers you have to have my license. I'll take 10 or 20 percent off the top. So, you know, from that standpoint I could argue and say this is a great bill. But what it's going to do is it's going to hurt those very people who are out there working and trying to recycle this metal. Aren't we supposed to be encouraging recycling?

REPRESENTATIVE WAYNE SMITH: We are encouraging recycling, but we are not encouraging theft.

REPRESENTATIVE RANDY WEBER: Well, I would disagree with you. Have you considered the fact that if you make scrapping so onerous, what it's going to do is it's going to drive people to unscrupulous air-conditioning contractors who will loan them their license for a fee. The result is going to be that the price of copper and the price of aluminum is going to go sky high. We are going to push it into the black market. Have you thought about that?

REPRESENTATIVE WAYNE SMITH: I think it's already in a black market. I think what we're trying to do is resolve some of those issues.

REPRESENTATIVE RANDY WEBER: Well, it's fixing to be much worse. We've already proven -- Isn't it a fact that we've already proven that we won't make all of the scrappers register since only 14 have registered, and now we're fixing to really put the onus on the business? Haven't we already proven that?

REPRESENTATIVE WAYNE SMITH: Yeah, as my mouthpiece says, it's the only way to do it, because they currently just take it from anywhere and sell it.

REPRESENTATIVE RANDY WEBER: Well, I disagree that making businesses be the enforcement arm of the State of Texas is the only way to do it. If we need to increase penalties, if we need to raise awareness, that's one thing. But making business be the enforcement arm of the State of Texas will only lead to less business entities. Some of them will actually go out of business. It will drive the price of copper an aluminum up, and make it hard on businesses. Your bill also, is it not true, requires them to take a picture of the automobile, the license plate, a picture of the photo ID, oddly enough, Representative Dutton?

REPRESENTATIVE WAYNE SMITH: I assume you're for photo ID?

REPRESENTATIVE RANDY WEBER: Absolutely. I assume you are too, Representative. And a thumbprint, so we're going begin to build a database on people. Isn't that a fact that your bill requires that?

REPRESENTATIVE WAYNE SMITH: We would -- They would be reported to DPS and DPS would keep a record.

REPRESENTATIVE RANDY WEBER: So we would be building a database of all kinds of personal identification. Can we also -- Would you be open to an amendment that also requires that they have liability insurance and we could start reining in the insurance companies, or to we want to prevent them from accepting cash?

REPRESENTATIVE WAYNE SMITH: No. But the persons behind you, and at least two of the three up here up at the front mike already have licenses for the businesses they practice and are already regulated by the state.

REPRESENTATIVE RANDY WEBER: I have a license as well, in this industry. And I'm telling you that this bill is going to be very detrimental to the scrappers. Now, are you familiar with Senate Bill 694 that's ready to come over?

REPRESENTATIVE WAYNE SMITH: I know there is a bill in the Senate, but I'm not greatly familiar with it. This is a House Bill, not a Senate Bill.

REPRESENTATIVE RANDY WEBER: Are you aware on Senate Bill 694, Wayne, that the the industry and police departments of Dallas, Fort Worth, San Antonio and the city of Houston have agreed with this bill?

REPRESENTATIVE WAYNE SMITH: No, I'm not.

REPRESENTATIVE RANDY WEBER: Well, if they've all agreed with SB694, then why are we pushing one that's more onerous?

REPRESENTATIVE WAYNE SMITH: Well, it's my understanding that the police departments do not support the Senate Bill, they support the House Bill.

REPRESENTATIVE RANDY WEBER: That's not my understanding.

REPRESENTATIVE WAYNE SMITH: Well there's someone at the back mike behind you that's actually talked to the police departments in these last few days.

REPRESENTATIVE RANDY WEBER: Did representatives of the Dallas and the Houston police departments testify on this bill during the committee hearings?

REPRESENTATIVE WAYNE SMITH: Representative Dutton said they came to his office to ask him to support it, and they've been in my office this past week asking me to support it.

REPRESENTATIVE RANDY WEBER: But my question is, did they come to the hearing and testify on this bill?

REPRESENTATIVE WAYNE SMITH: I would have to look.

REPRESENTATIVE RANDY WEBER: The answer is yes. Did representatives of the scrap metal industry come to testify on this bill?

REPRESENTATIVE WAYNE SMITH: Yes, they did.

REPRESENTATIVE RANDY WEBER: Yes, they did? Then if they came to testify on Senate Bill 694, and representatives from Houston and Dallas were more amicable toward that bill; then why are we pushing the more onerous bill?

REPRESENTATIVE WAYNE SMITH: I don't know who testified on Senate Bill 694, nor do I know -- this is a House Bill, not a Senate Bill. I haven't read Senate Bill 694.

REPRESENTATIVE RANDY WEBER: Are you familiar with any other industry that we tell them their method of payment, their form of payment and their timeliness of their payment?

REPRESENTATIVE WAYNE SMITH: I can't right off -- I can't right offhand name any. This is a wholesale theft that's taking place across the state, and we need to do something to stop it.

REPRESENTATIVE RANDY WEBER: There's no doubt that there's a lot of -- we could just outlaw thieving, and perhaps it would just go away. But we're going drive this underground into a black market, and we're going to drive some good industry actors out of business, while we refuse to make all the ones comply that haven't complied with the regulations, requirements. Only 14 percent have are in effect right now. Does that seem fair to you?

REPRESENTATIVE WAYNE SMITH: I've just been handed who the witnesses were for this bill, and they were the Houston Police Department, Texas Retailers Association, Waste Management, Gary Title with the Dallas Police Department. So the Houston Police Department and the Dallas Police Department testified for this bill.

REPRESENTATIVE RANDY WEBER: But there more so in favor of 694, trust me. Let me ask you --

REPRESENTATIVE WAYNE SMITH: And we don't believe that necessarily, or I don't believe that necessarily. This is still a House Bill.

REPRESENTATIVE RANDY WEBER: Let me ask you, you're still requiring them to send a check in five days. Do you believe all Texans have a checking account?

REPRESENTATIVE WAYNE SMITH: I suspect those who are recyclers have a checking account.

REPRESENTATIVE RANDY WEBER: But those who work hard and bring in materials, the good actors, not the thieves; they don't necessarily all have a checking account. If a Texan does not have a checking account, in order to get a check cashed --

REPRESENTATIVE WAYNE SMITH: Then they can pay cash in ten days.

REPRESENTATIVE RANDY WEBER: Do you think most of them would like to come back and make a trip in ten days? Would you do that?

REPRESENTATIVE WAYNE SMITH: Those who have taken that from the First Baptist Church in Baytown, Texas, would not come back.

REPRESENTATIVE RANDY WEBER: And that may or may not be true. I'm talking about the good actors. Imagine a small business owner who pays a check fee for writing checks, now has to write 500 checks a month, instead of paying cash. Is his cost of keeping up with this, the bookwork, the bookkeeping, tracking of who turned their stuff in the timely amount of when they can send their payment, is that going to drive the cost of his business up?

REPRESENTATIVE WAYNE SMITH: I don't think so.

REPRESENTATIVE RANDY WEBER: You don't think that more activity, more bookkeeping, more keeping up with the book records, is going to drive the costs up?

REPRESENTATIVE WAYNE SMITH: Well, the other thing -- The materials that comes in there now may not be stolen material, in itself. He may have to pay a higher price for honest material.

REPRESENTATIVE RANDY WEBER: And let me ask you one other question, as metal prices start to come down, for example, you've bought materials that you the can't sell for 72 hours; what if you know that in two days the price of copper is going down and it may cause you to lose money because you paid for it at one price and you can't sell it at the high price, and now you have to hold it until the price goes down. Is that going to cost recyclers money?

REPRESENTATIVE LOIS KOLKHORST: Representa tive Keffer calls a point of order. The gentleman's time has expired. The point of order is well taken and sustained. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Cook.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Cook to explain the amendment.

REPRESENTATIVE BYRON COOK: Thank you Mr. Speaker. Members, Madam Speaker, the one thing we heard over and over from law enforcement are two things we have to do. You have to address cash, the cash payment and a penalty. So what this amendment does is these scrap metal recyclers who don't register, they are subject to striking a C Misdemeanor and change it to a Class B Misdemeanor on a first offense.

REPRESENTATIVE LOIS KOLKHORST: Mr. Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Madam Speaker, would the gentleman yield?

REPRESENTATIVE LOIS KOLKHORST: Mr. Cook, do you yield?

REPRESENTATIVE BYRON COOK: Glad to.

REPRESENTATIVE LOIS KOLKHORST: He yields.

REPRESENTATIVE RANDY WEBER: Thank you, Chairman. Would you one more time go through what your amendment does?

REPRESENTATIVE BYRON COOK: Once again, once again, if you're not registering; if you're a scrap metal entity and you're not registering, the penalty -- the penalty would be a Class B as opposed to a Class C. Now a class B is up to a two thousand dollar fine and, once again, one of the problems we have is these scrap metal entities not registering. Why? Because they view this right now as a cost of doing business, and there's not much penalty in the cost of doing business not to register, not to do right. So we're trying to put a little more teeth in this where maybe all these scrap metalers will come into compliance with registering. Which seem like a pretty reasonable thing to be, in most industries you have to register and be licensed and that's what we're trying to do. Okay.

REPRESENTATIVE RANDY WEBER: So your amendment would, in essence, raise the penalty, and those who are going into the black market, underground, do you think that they're going to be concerned about the penalty level?

REPRESENTATIVE BYRON COOK: I think the penalty, when you look at this penalty it has much more teeth in it. So, absolutely, I think right now when there's virtually no penalty, cost doing business, pay a little fine be on your way. But now you put real penalty in there, what I'm hopeful for is that these scrap metal entities will actually register, which they are not doing, Randy.

REPRESENTATIVE RANDY WEBER: All right, Chairman.

REPRESENTATIVE BYRON COOK: And I'm trying to understand why that possibly could be a concern for you.

REPRESENTATIVE RANDY WEBER: I think we're putting -- What we're doing is we are about to drive some good actors out of business. And those that are in the black market and go underground, irregardless of the penalty --

REPRESENTATIVE BYRON COOK: You know, we studied this in the interim. This is all a giant funnel. It's all a giant funnel. So all this product eventually ends at the same place. So unless we have a uniform program, we're going to continue to have this problem. We're going to continue to have Boys and Girls Clubs, schools, hospitals, neighborhoods where they come in and wipe them out with respect to copper. And, once again, I want the membership to understand this doesn't affect most of what is going into these scrap metal yards, because most of it is scrap metal. And, you know what, people can still bring those, you know, those appliance and things in and they still get paid cash. So all we're talking about here is the regulated metal end of it. And, by the way, I have been in business for a long time and I have never known a business that could be jeopardized or go out of business by getting paid within ten days. You mentioned Wal-Mart and I wished they would have paid me within ten days, and we still just did fine. So a ten day receivable -- a ten day receivable, where you're guaranteed you are going to get paid is a wonderful thing.

REPRESENTATIVE RANDY WEBER: But the truth of the the matter is, Chairman Cook, we're not talking about businesses, we're talking about individuals that come in and bring scrap metals.

REPRESENTATIVE BYRON COOK: And, once again, when they're bringing in scrap metals -- And, by the way, I've done that. I'm a rancher and I've brought a lot of scrap metal into various yards in my area.

REPRESENTATIVE RANDY WEBER: I dare say --

REPRESENTATIVE BYRON COOK: You know what they do, they pay me with a check. Pay me with a check.

REPRESENTATIVE RANDY WEBER: I dare say that I have done this more than anybody here in this House floor, since I've been in the air-conditioning business 31 years. But I'm telling you that those who do it on the black market will be ignorant of the law, ignorant of the fact that we moved it from a Class C to a Class B. It will not deter them. All we're going to do is make it hard on business. And I think, with all due respect --

REPRESENTATIVE BYRON COOK: And I want to make it hard on the burglars, is what I really want to make it hard on.

REPRESENTATIVE RANDY WEBER: I understand that. But, with all due respect, to both of my chairmen up there, all three of you, actually; I don't think what we're doing is making it hard on the thieves. They're going continue, the thieves, they'll go black market underground. And, in essence, it will actually drive the price of copper and regulated materials up, and all we're doing is at the expense of the businesses.

REPRESENTATIVE BYRON COOK: Actually, it won't --

REPRESENTATIVE RANDY WEBER: I'm going to urge my colleagues to please vote for business, vote no on this bill.

REPRESENTATIVE BYRON COOK: Once again, this is an amendment. I believe it is acceptable to the author. Move passage.

REPRESENTATIVE LOIS KOLKHORST: Mr. Cook sends up an amendment. It is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Chisum.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Chisum to explain the amendment.

REPRESENTATIVE WARREN CHISUM: Mrs. Speake r, members, this is a bill that says if you show up with something at a scrapyard that came off of a cemetery, they gotta hold it for a few days until they figure out where it went. I believe it is acceptable to the author.

REPRESENTATIVE LOIS KOLKHORST: Mr. Chisum sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The Chair recognizes -- Well, is there anyone wishing to speak on, for, or against House Bill 1933? Mr. Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Madam Speaker, will the gentleman yield?

REPRESENTATIVE LOIS KOLKHORST: He hasn't taken the floor yet, so we're asking if there's anyone that -- Are. You talking about Mr. Chisum?

REPRESENTATIVE RANDY WEBER: No.

REPRESENTATIVE LOIS KOLKHORST: Okay. So is there anyone wishing to speak for or against House Bill 1933? The Chair hears none and recognizes Representative Smith to close. Well, we recognize Representative Dutton of Harris to close.

REPRESENTATIVE HAROLD V. DUTTON JR.: Madam Speaker and members, I want to thank both of the -- Mr. Cook and Mr. Smith for bringing this forward. This is a huge problem for many of us, and I'm sure most of you who have had an opportunity to follow this between the last session and this session, and even going back another session, we have tried to fix this problem, because there have been so many problems related to it.

REPRESENTATIVE RANDY WEBER: Madam Speaker?

REPRESENTATIVE HAROLD V. DUTTON JR.: I would be happy to yield, Madam Speaker.

REPRESENTATIVE LOIS KOLKHORST: Mr. Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Would the gentleman yield for some questions?

REPRESENTATIVE HAROLD V. DUTTON JR.: I yield.

REPRESENTATIVE LOIS KOLKHORST: The gentleman yields for a question.

REPRESENTATIVE RANDY WEBER: Mr. Dutton, you just got through saying that we've been trying to fix this for three sessions.

REPRESENTATIVE HAROLD V. DUTTON JR.: Or more.

REPRESENTATIVE RANDY WEBER: Or more?

REPRESENTATIVE HAROLD V. DUTTON JR.: Yes.

REPRESENTATIVE RANDY WEBER: And yet would you agree with me that of all the attempts that they have made, starting back with the 80th Session, that I'm aware of, they've not enforced what laws are already on the books? We've not even given that a chance to work, and yet we're trying something new; would you agree with that?

REPRESENTATIVE HAROLD V. DUTTON JR.: No. I think your premise is wrong. I think your premise is wrong.

REPRESENTATIVE RANDY WEBER: We did enforce what was done in the 80th Session? I don't think so.

REPRESENTATIVE HAROLD V. DUTTON JR.: No, let me explain to you what I mean when I say your premise is wrong. The problem still exists, and that's what the real problem is, Mr. Weber, is that despite our best efforts to fix it we haven't done it. What this bill does though, it absolutely fixes it. I don't think you'll have to come back next session and have to deal with this problem if we can pass this bill today, and that's why I was joining them.

REPRESENTATIVE RANDY WEBER: So I was on the committee last session and the testimony was that so much drugging was going on druggies, if you will, they would steal something, come in and turn it into cash; is that not correct?

REPRESENTATIVE HAROLD V. DUTTON JR.: That 's one of the issues, yes.

REPRESENTATIVE RANDY WEBER: But we're going fix this problem, the druggies are going quit drugging; is that right?

REPRESENTATIVE HAROLD V. DUTTON JR.: No, they're going to quit stealing, stealing the metal --

REPRESENTATIVE RANDY WEBER: I see. Quit stealing.

REPRESENTATIVE HAROLD V. DUTTON JR.: This is a bill not about drugs, this is about scrap metals.

REPRESENTATIVE RANDY WEBER: Why don't we just outlaw drugging?

REPRESENTATIVE HAROLD V. DUTTON JR.: Pard on?

REPRESENTATIVE RANDY WEBER: Why don't we just outlaw doing illegal drugs?

REPRESENTATIVE HAROLD V. DUTTON JR.: Well, that's another issue for another day. But right now this is about outlawing recycling by thieves.

REPRESENTATIVE RANDY WEBER: Actually, I think that law is already on the books. All we're doing is we're going to make it doubly hard on the scrapping industry.

REPRESENTATIVE HAROLD V. DUTTON JR.: Well, there are a lot of people that argue that we didn't need this session, because there already have enough problems already on the books. But that's not the point, here today the point is that in order to change the whole circumstance regarding people's ability to go in and steal things and go into the recycling place, bringing metal to the scrap metal yard, and get paid for them; the only way we're going change that is to do what this bill contemplates doing. And that's the only way I think we're ever going to strike a balance to it.

REPRESENTATIVE RANDY WEBER: It sets up a bad precedent, in my opinion, that we're wanting the owners to be on the business -- on the end, the police, thieving and breaking the law. And why not do that with drugs and shoplifting, and why not do that --

REPRESENTATIVE HAROLD V. DUTTON JR.: Well , the thing about it, Mr. Weber, policemen put it this way: I had a suggestion that didn't get here. I would have changed all of this and made it a third degree felony for receiving stolen merchandise that's related to scrap metal.

REPRESENTATIVE RANDY WEBER: I remember.

REPRESENTATIVE HAROLD V. DUTTON JR.: That would have been an honest -- on the scrap metal dealers, because then they have to go through and figure out whether this was stolen. I also had an amendment that would have changed it so that would -- the person who -- it would presumptive that if you knew it was stolen if you engaged in certain conduct. For example, the same person came in twice in one month. And so that would put the onus on, put the burden on the owner. And so I decided to change that and not do that, because I think this is a better approach, quite frankly.

REPRESENTATIVE RANDY WEBER: And you're making my case that this bill does that, it puts the onus on the scrapping industry.

REPRESENTATIVE HAROLD V. DUTTON JR.: No, I think it actually -- there's a benefit in it for the scrap dealers. For example, if you look at it, Mr. Weber, for example there's a payment delay, for example. The working capital requirements for that particular owner absolutely is changed by virtue of that, so now they get use of that money for a longer period of time, and so that you could argue that that was a benefit.

REPRESENTATIVE RANDY WEBER: I think what you're doing, what we're doing with this bill, I hope the House is paying attention and I hope they will vote for industry and against this bill; is that we're about to make it hard on the scrapping industry, which I've dealt with for the past 31 years. So I speak from experience.

REPRESENTATIVE HAROLD V. DUTTON JR.: All right. I don't know what part of this you don't like, or you don't like the whole bill.

REPRESENTATIVE RANDY WEBER: It's the part that they cannot pay cash, they have to wait 5 days, they have to hold regulated material 72 hours. Five days for a check, members; ten days for cash.

REPRESENTATIVE HAROLD V. DUTTON JR.: Right .

REPRESENTATIVE RANDY WEBER: No other industry do we do that to.

REPRESENTATIVE HAROLD V. DUTTON JR.: We haven't had the kinds of problems that we have in this industry.

REPRESENTATIVE RANDY WEBER: Why don't we outlaw thieving and drugging?

REPRESENTATIVE HAROLD V. DUTTON JR.: Why don't we do what?

REPRESENTATIVE RANDY WEBER: Why don't we outlaw thieving and drugging? You think that's really --

REPRESENTATIVE HAROLD V. DUTTON JR.: I'd be happy to have that debate with you on another bill, but remember, on this bill, it's about trying to make sure that the scrap metal dealers, and the people who go out and tear up a $5,000 air-condition and then show up with $80 worth of copper, don't end up continuing that habit because we did nothing here.

REPRESENTATIVE RANDY WEBER: They will continue to steal, Harold. It will drive it underground into the black market. And the only one paying the price is going to be the scrap dealers. This is a violation of --

REPRESENTATIVE HAROLD V. DUTTON JR.: The only place they can sell it, Mr. Weber, is scrap dealers. The only place they can transfer it is to scrap dealers.

REPRESENTATIVE RANDY WEBER: And what they will do is you will see it change hands two or three times to somebody who is a good actor, supposedly. You'll see the metal sold over and over again, until they get somebody with a good ID, somebody that can wait five or ten days.

REPRESENTATIVE HAROLD V. DUTTON JR.: But that's what's happening right now.

REPRESENTATIVE LOIS KOLKHORST: Mr. Murphy raises a point of order. The gentleman's time has expired. The gentleman's point is well taken.

REPRESENTATIVE RANDY WEBER: Madam Speaker?

REPRESENTATIVE LOIS KOLKHORST: For what purpose?

REPRESENTATIVE RANDY WEBER: Two things. I want the point of order reduced to writing and placed in the journal, and I also want the comments between -- over this entire bill placed in the journal.

REPRESENTATIVE LOIS KOLKHORST: Okay. Members, you've heard the motion to place the comments into the journal. Is there objection? There is objection? There is not objection. The comments will be reduced to writing and placed in the journal. The next motion is, as we mentioned, Representative Weber, when we read the point of order, that the point of order will be registered into the journal.

REPRESENTATIVE RANDY WEBER: Thank you.

REPRESENTATIVE HAROLD V. DUTTON JR.: And, with that, Madam Speaker, thank you. I would ask that you vote for this bill. It is a giant step at reducing what I consider to be a problem that was somewhat created by this legislature, and we have an opportunity to stop it today. And so I ask you to vote for this bill.

REPRESENTATIVE LOIS KOLKHORST: Members, the question occurs on the passage to engrossment of House Bill 1933. All those in favor -- Record vote has been requested. A record vote is granted. Vote aye, vote no, members. Showing Representative Miles voting aye. Show Representative Farrar voting aye. Showing Representative Dutton voting aye. Showing Representative Truitt voting aye. Have all members voted? Have all members voted? There being 107 ayes, 32 nays; House Bill 1933 passes to engrossment. Chair lays out House Bill 2342 and the clerk will read the bill.

CLERK: HB2342 by Truitt. Relating to certain violations of and offenses under The Securities Act; providing penalties.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Truitt to explain the bill.

REPRESENTATIVE VICKI TRUITT: Thank you, Madam Speaker. Members, this bill increases the state authority to fine violaters under the Texas Securities Act to help better protect investors from fraud, which will increase investor confidence and encourage capital formations in the state and investors and business all across Texas will benefit from the bill.

REPRESENTATIVE LOIS KOLKHORST: The following amendment. The clerk will read the amendment.

CLERK: Clerk amendment by Truitt.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Truitt to explain the amendment.

REPRESENTATIVE VICKI TRUITT: Madam Speaker, members, this is the author's perfecting amendment. The amendment avoids the possibility that the state could recover the maximum allowable fines and penalties twice for the same violation. The amendment limits the combined total for both administrative fines and civil penalties to the maximum amount allowed for either. It is acceptable to the author. Move adoption.

REPRESENTATIVE LOIS KOLKHORST: Members, you've heard the motion. Is there objection? Chair hears none and the amendment is adopted. Chair recognizes -- Is there anyone wishing to speak for or against House Bill 2342? Chair recognizes Representative Truitt to close.

REPRESENTATIVE GARNET F. COLEMAN: Thank you, Madam Speaker --

REPRESENTATIVE LOIS KOLKHORST: Mr. Coleman , for what purpose?

REPRESENTATIVE GARNET F. COLEMAN: Will Chairwoman Truitt yield for just a couple of questions?

REPRESENTATIVE LOIS KOLKHORST: Do you yield, Mrs. Truitt?

REPRESENTATIVE VICKI TRUITT: Indeed.

REPRESENTATIVE LOIS KOLKHORST: She yields.

REPRESENTATIVE GARNET F. COLEMAN: For legislative intent, thank you Speaker Kolkhorst. Representative Truitt, for the purpose of establishing your legislative intent, what is the purpose of this bill?

REPRESENTATIVE VICKI TRUITT: It merely reconciles the administrative, criminal and civil authority and remedies previously granted by the legislature to those entities. The bill does not expand the powers of the security board or the commissioner.

REPRESENTATIVE GARNET F. COLEMAN: Does the bill authorize either the security board or commissioners to attempt to regulate a previously unregulated transaction?

REPRESENTATIVE VICKI TRUITT: No.

REPRESENTATIVE GARNET F. COLEMAN: Chairwo man Truitt, this bill does not provide an expansion of powers, as you've said; the security board and commission authority previously granted by the legislature, that is correct?

REPRESENTATIVE VICKI TRUITT: Correct.

REPRESENTATIVE GARNET F. COLEMAN: Yes. This bill does not authorize the board or commissioner to regulate a previously unregulated person or entity, is that correct?

REPRESENTATIVE VICKI TRUITT: Correct.

REPRESENTATIVE GARNET F. COLEMAN: And this bill does not permit the board or commissioners to regulate any person or any entity outside the scope of a person's license from a registration with the board with the commissioner; is that correct?

REPRESENTATIVE VICKI TRUITT: It is, yes.

REPRESENTATIVE GARNET F. COLEMAN: Okay. Mrs. Speaker, I request the conversation between Representative Truitt and myself to be reduced to writing and placed in the journal. And thank you very much, Chairwoman Truitt.

REPRESENTATIVE LOIS KOLKHORST: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The question occurs on the passage of House Bill 2342 to engrossment. All those in favor say aye, all those opposed say nay. House Bill 2342 is passed to engrossment. Chair lays out House Bill 2495 and the clerk will read the bill.

CLERK: HB2495 by Hernandez Luna. Relating to cemeteries and perpetual care cemetery corporations; providing a penalty.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes representative Hernandez Luna.

REPRESENTATIVE ANA LUNA HERNANDEZ: Thank you, Madam Speaker, members, this bill amends the current law relating to cemeteries and perpetual care corporations. It would amend the health and safety code to address matters involving coordination procedures, applications, certificates for authority, transfers of cemetery ownership, contractors, receivership, issues to a cemetery having had the charges reevoked by the banking and final disposition of the cemetery.

REPRESENTATIVE LOIS KOLKHORST: Miss Davis , for what purpose?

REPRESENTATIVE YVONNE DAVIS: Will the lady yield for a question, please?

REPRESENTATIVE LOIS KOLKHORST: Do you yield?

REPRESENTATIVE ANA LUNA HERNANDEZ: I yield.

REPRESENTATIVE LOIS KOLKHORST: She yields. Yvonne, thank you, Representative. Your bill, does it in any way prohibit anybody from providing -- them being in the cemetery business?

REPRESENTATIVE ANA LUNA HERNANDEZ: I'm sorry --

REPRESENTATIVE YVONNE DAVIS: Are there any -- Does your bill limit one's ability to open a cemetery?

REPRESENTATIVE ANA LUNA HERNANDEZ: It does not.

REPRESENTATIVE YVONNE DAVIS: Okay. Thank you.

REPRESENTATIVE LOIS KOLKHORST: Members, is there anybody wishing to speak on, for, or against House Bill 2495? Chair hears none. All those in favor of House Bill 2495 say aye, all those opposed say nay. The ayes have it and House Bill 2495 is passed to engrossment. Chair lays out House Bill 2133 and asks the clerk to read the bill.

CLERK: HB2133 by Solomon. Relating to public utility commission Texas authority to disgorge revenue obtained as a result of certain violations; providing an administrative penalty.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Solomon to explain the bill.

REPRESENTATIVE SOLOMONS: Thank you, Madam Speaker. Members, this clarifies PUC's authority to recover inappropriately received excess revenue resulting from certain violations of the wholesale electricity market to rules and protocols, and provides a clear legal distinction between that recovering

(inaudible) and administrative penalty. I move passage.

REPRESENTATIVE LOIS KOLKHORST: Is there anyone wishing --

REPRESENTATIVE BURT R. SOLOMONS: I have a perfecting amendment, I'm sorry.

REPRESENTATIVE LOIS KOLKHORST: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Solomon.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Solomons to explain the amendment.

REPRESENTATIVE BURT R. SOLOMONS: I'm sorry, yes. In the committee we had deleted a particular word in Section -- on line 12, page 2, line 12, by striking the word (inaudible), and it didn't get to the Calendar Committee and so my agreement was -- and obviously, Representative Cook and I to delete that. And that's all it does. And it's acceptable to the author.

REPRESENTATIVE LOIS KOLKHORST: Mr. Solomon s sends up an amendment. It is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Is there anyone wishing to speak for or against House Bill 2133? Chair hears none and recognizes Representative Solomon to close.

REPRESENTATIVE BURT R. SOLOMONS: I move passage.

REPRESENTATIVE LOIS KOLKHORST: Members, the question occurs on the passage to engrossment of House Bill 2133. All those in favor say aye, all those opposed say nay. The ayes have it and House Bill 2133 is passed to engrossment. Chair lays out House Bill 400 and recognizes the clerk to read to bill.

CLERK: HB400 by Eissler. Relating to flexibility for public schools to administer primary and secondary education efficiently.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Mr. Eissler for this small bill.

REPRESENTATIVE ROB EISSLER: Thank you, Madam Speaker. Members, today I present to you House Bill 400, a bill that will allow our schools to operate more efficiently. Educating our students is our most important responsibility. Our schools are facing complex challenges and I strongly believe decisions are best made locally, not micromanaged from Austin. The state's role is standard, to provide resources, hold schools accountable and then get out of the way. Especially in these challenging budgetary times, we need to limit burdensome mandates and focus on core mission. This bill is about maximum flexibility for our local districts to save teachers' jobs, while prioritizing what is best for students. Once I finish laying out the bill I will offer an amendment, which I believe improves the bill and addresses concerns raised about the bill in committee. By laying out the bill will reflect this amendment. Members, here are the main provisions of the bill: The bill moves the contract nonrenewal deadlines from 45 days before the last day of instruction to 15 days before the last day of instruction. House Bill 400 allows reduction in forced layoffs to be conducted with the less costly nonrenewal process, instead of the costly termination process. Teachers will have due process, a right to a hearing before the board of trustees, with those decisions appealable to the commissioner. The bill will allow for districts to furlough teachers, instead of deeper layoffs, while protecting students' instructional days. The bill repeals the state mandated teacher salary schedule and requires that the district adopt a local strategic compensation plan, with teacher input, that are designed to recruit, reward and retain effective teachers. To address concerns we established in law a floor for teacher pay for the current year one salary is $27,320. Finally, the bill allows district class size flexibility. The amendment will maintain 22 to 1 in grades K4 to clarify the current wave of policy. Some people have argued for only a temporary suspension of our current mandate, but I would argue that these mandates impose an enormous cost for our districts with limited long-term education benefits for our students. These change are good operational practices, regardless of the current budget. These laws need permanent repeal, so that districts can focus resources on student needs. We have asked our schools to educate more students to a higher standard and, in return, we must give them the flexibility to meet our expectations. House Bill 400 accomplishes this goal. And I'm happy to yield to Mr. Miles.

REPRESENTATIVE BORRIS MILES: Madam Speaker?

REPRESENTATIVE LOIS KOLKHORST: Representa tive Miles, for what purpose?

REPRESENTATIVE BORRIS MILES: Madam Speaker, I raise a point of order against House Bill 400 under Rule 4, Section 32 C, that the bill is now inaccurate and the bill does not identify all substantial differences between the substitute the original bill.

REPRESENTATIVE LOIS KOLKHORST: Bring your point of order forward. Members, Mr. Miles temporarily withdraws his point of order. Mr. Eissler moves to postpone consideration of House Bill 400 until 5:15. Members, is there objection? Chair hears none. So ordered. The Chair lays out House Bill 127 and recognizes the clerk to read the bill.

CLERK: HB127 by Alvarado. Relating to the types of beverages that may be sold to students on public school campuses.

REPRESENTATIVE LOIS KOLKHORST: The Chair recognizes Representative Alvarado to explain the bill.

REPRESENTATIVE CAROL ALVARADO: Thank you, Madam Speaker and members. House Bill 127 aims to eliminate certain sugary, sweetened drinks from being sold in our public schools; only during school hours.

REPRESENTATIVE JODIE LAUBENBERG: Madam Speaker?

REPRESENTATIVE LOIS KOLKHORST: For what purpose, Mrs. Laubenberg?

REPRESENTATIVE JODIE LAUBENBERG: Would the gentle-lady answer a couple of questions?

REPRESENTATIVE LOIS KOLKHORST: Mrs. Alvar ado, do you yield for a question?

REPRESENTATIVE CAROL ALVARADO: Yes, ma'am, I yield.

REPRESENTATIVE LOIS KOLKHORST: She yields.

REPRESENTATIVE JODIE LAUBENBERG: Carol, I just wanted to chat with you about this a little bit. You know we've had our discussions in public health and I just want to make sure he members are clear on what the bill does. Your bill will restrict any milk, you know, up to -- I mean limit it to one percent, and sodas and fruit drinks that have sugar, for both middle school and high school students, correct?

REPRESENTATIVE CAROL ALVARADO: What we're doing is expanding what we already do in elementary schools, and just expand that to the middle schools and the high schools. And one point I want to make very clear is that children are still allowed to take their beverage of choice from the home or from where ever into the school. So this is simply expanding what we already do in elementary into middle school and high school.

REPRESENTATIVE JODIE LAUBENBERG: But it's going to restrict the high schools from being able to offer -- the drinks that the schools are going to be buying at the 7-11 instead of buying it at the high school, and the high schools getting the money, the high schools won't get the money?

REPRESENTATIVE CAROL ALVARADO: We are expanding what we already do, what this body has passed in previous sessions, into the middle school and high school.

REPRESENTATIVE JODIE LAUBENBERG: You know, the reason it didn't have middle school and high school is because it couldn't pass in middle school and high school, because it was limited. Were you aware of that? That's why it was limited to elementary schools?

REPRESENTATIVE CAROL ALVARADO: I wasn't here at that time. But what I do know is that children do not stop becoming obese in elementary school. They're just as likely to become obese and develop diabetes in middle school and in high school. So we're just trying to prevent that, because we're spending millions of dollars in combating childhood obesity.

REPRESENTATIVE JODIE LAUBENBERG: But you are aware that high school kids 16, 17, sometimes 18-year-old kids, we are telling them that don't trust their judgment on things?

REPRESENTATIVE CAROL ALVARADO: We're giving them some tools, if you will, to make healthier options.

REPRESENTATIVE JODIE LAUBENBERG: So but the bottom line, we're restricting the schools' ability to have local control over the products that the kids would be offered?

REPRESENTATIVE CAROL ALVARADO: Well, I see it as we're restricting the kids from becoming obese and developing diabetes and costing taxpayers money.

REPRESENTATIVE JODIE LAUBENBERG: But we're also putting a burden on the coaches to make decisions?

REPRESENTATIVE CAROL ALVARADO: That's incorrect.

REPRESENTATIVE JODIE LAUBENBERG: Okay. In your bill it says that the coach can decide if one of the players, team members, can drink Gatorade.

REPRESENTATIVE CAROL ALVARADO: That's for athletes. That's at their discretion, if they feel it's necessary. We made that exception and I think it's a good one.

REPRESENTATIVE JODIE LAUBENBERG: But it is putting -- It does put the burden on the school coach to make that decision?

REPRESENTATIVE CAROL ALVARADO: It is not a burden. Again, we are giving some options to kids. The majority of their meals for the day are consumed -- most of their nutrition is consumed during the school day. This applies just during school hours.

REPRESENTATIVE JODIE LAUBENBERG: Do you know how much schools will be losing in this time of cutbacks? Are you aware of that?

REPRESENTATIVE CAROL ALVARADO: I'm not sure what your question is regarding in how they're losing.

REPRESENTATIVE JODIE LAUBENBERG: Well, they sell the product on the campus to the high school kids --

REPRESENTATIVE CAROL ALVARADO: We already prohibit soft drinks, again --

REPRESENTATIVE JODIE LAUBENBERG: Right, we're talking milk and juice?

REPRESENTATIVE CAROL ALVARADO: Milk and flavored milk will still be allowed to be sold. We worked very hard with the dairy counsel on this and accommodated some of the concerns they had, and it was addressed. It was addressed in committee.

REPRESENTATIVE JODIE LAUBENBERG: What percentage of milk?

REPRESENTATIVE CAROL ALVARADO: One percentage.

REPRESENTATIVE JODIE LAUBENBERG: Do you know how much the schools will be losing selling whole milk to kids?

REPRESENTATIVE CAROL ALVARADO: Well, it's not sold in elementary schools now. Again, I think you are over complicating the issue. We are simply taking what we already did in the elementary schools and expanding it to middle schools and high schools. And the USDA is going to mandate that we do this, year after next. I would prefer that we do it our way on our terms.

REPRESENTATIVE JODIE LAUBENBERG: Thank you.

REPRESENTATIVE EDDIE LUCIO III: Madam Speaker?

REPRESENTATIVE LOIS KOLKHORST: Representa tive Lucio, for what purpose?

REPRESENTATIVE EDDIE LUCIO III: Would the lady yield for a few questions?

REPRESENTATIVE LOIS KOLKHORST: Do you yield?

REPRESENTATIVE CAROL ALVARADO: Yes, ma'am.

REPRESENTATIVE LOIS KOLKHORST: She yields, Mr. Lucio.

REPRESENTATIVE EDDIE LUCIO III: Thank you, Representative Alvarado. Let's try to clarify a few things: One is that we already do this in elementary schools.

REPRESENTATIVE CAROL ALVARADO: That's correct.

REPRESENTATIVE EDDIE LUCIO III: And this is affecting public education, and if our tax dollars fund public education we should adopt policy to try create a healthy environment for our kids in our tax funded education system; isn't that correct?

REPRESENTATIVE CAROL ALVARADO: That's correct. I think that's our responsibility as legislatures, but also as taxpayers.

REPRESENTATIVE EDDIE LUCIO III: Hasn't there been a growing trend nationwide that parents are demanding healthier alternatives for their children's nutrition while at school?

REPRESENTATIVE CAROL ALVARADO: That's correct.

REPRESENTATIVE EDDIE LUCIO III: Hasn't there been a growing trend in obesity and diabetes with our kids?

REPRESENTATIVE CAROL ALVARADO: Absolutely . To the point that it is now affecting our military. We have a very significant percentage of kids between the ages of 17 and 24 that are ineligible to qualify to be in the military because they are unfit.

REPRESENTATIVE EDDIE LUCIO III: Basic fitness assessment, this isn't hard core special forces physical requirements, this is basic physical fitness demands of our military?

REPRESENTATIVE CAROL ALVARADO: Absolutely . And the state already gives them parameters on what schools should be serving as part of their nutritional daily diets, and we already do that.

REPRESENTATIVE EDDIE LUCIO III: And this generation of children, my daughter's generation, is the first generation that has a shorter life expectancy than other generations before it, because of the state of nutrition?

REPRESENTATIVE CAROL ALVARADO: That is correct.

REPRESENTATIVE EDDIE LUCIO III: And here's another thing, and my term in office, we have cut back on the the P.E. requirements in junior high school students, of the health classes we provide junior high and high school students, of other physical alternatives that I grew up with or that you grew up with, they are no longer required or even really offered now at the high school and junior high level?

REPRESENTATIVE CAROL ALVARADO: That's correct. Absolutely.

REPRESENTATIVE LOIS KOLKHORST: Mrs. Jones es McClendon raises a point of order, that the lady's time has expired. The point of order is well taken and sustained. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Truitt.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Truitt to explain the amendment.

REPRESENTATIVE VICKI TRUITT: Thank you, Madam Speaker. Members, this amendment simply adds zero calorie electrolyte replacement beverages and zero calorie vitamin enhanced water beverages to the acceptable drink list. I believe the amendment is acceptable to the author.

REPRESENTATIVE LOIS KOLKHORST: Mrs. Truit t sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Members, is there anyone wishing to speak for or against House Bill 127? Chair recognizes Representative King in favor of House Bill 127.

REPRESENTATIVE SUSAN KING: Madam Speaker, this is a bill in place for elementary children now, it's not an extension of government, it's not a decrease of individual liberties; it's a continuation of a helpful suggestion in the most safe location, our public schools, for our children. It makes no since not to increase it to the middle schools and the high schools. It is simply adding beverages that may not be sold by the schools to a safe harbor for children. It does not keep them from buying anything they want to at any other time. I think it's a good bill. I think it's important to continue to stop the doublespeak of obesity, healthcare of children, and not continue to do things in the one predictable safe place, public schools, for our schoolchildren. I believe it's important to support this bill, House Bill 127.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Patrick for House Bill 127.

REPRESENTATIVE PATRICK: Members, I think it's important to note on this bill that this does not interfere with extra curricular activities such as football games, this is only in relations to school luncheons during school hours. And, again, when we consider that this bill is a step in the right direction in the fight against childhood obesity, I urge you to vote with me for this bill.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Lucio in favor of House Bill 127.

REPRESENTATIVE EDDIE LUCIO III: Thank you, Madam Chair. Members, I'll be brief. As you know I, along with a few other members started the Capitol Wellness Club because I care very deeply not only about our health, but the future health of our state. I have a little girl, she's a little over a year and a half, and I care very deeply about her future and her future health care needs. I was an over weight kid and I remember what it was like going through that, and I would just try to give best possible nutritional environment for our kids and our schools. So, please, I ask for your favor in support of this bill.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Coleman to close.

REPRESENTATIVE GARNET F. COLEMAN: Thank you very much, Madam Speaker. Back so many years ago, I guess it was, Speaker -- Comptroller Combs and Senator Nelson worked on those -- legislation for active students, and also on reducing the sugary beverages that were bad for our kids. And because of Comptroller Combs' work, that's how we made Rule 4 with the elementary pieces, and because of Senator Nelson's work we put the E back. But there's some work left to do, but it's a very good bill. It keeps our children healthy.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Veasey in favor of the bill. Does anyone else want to speak for the bill? It's a party up here for House Bill 127.

REPRESENTATIVE MARC VEASEY: With the rise in dialysis centers and all the emphasis that's been put on what we are eating and what we're putting into our bodies, it's something that needs to be learned at a very young age. And I applause Representative Alvarado for bringing this bill forward. Thank you.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Alvarado to close.

REPRESENTATIVE CAROL ALVARADO: Thank you, Madam Speaker and members. I thank my colleagues for sticking with me and supporting this. Members, this is about kids. We're not talking about adults. We have a responsibility to do with them their best and help make sure of what's in their best interests, that they can live a healthy lifestyle and have healthy options. And, with that, I close, Madam Speaker.

REPRESENTATIVE JASON ISAAC: Madam Speaker?

REPRESENTATIVE LOIS KOLKHORST: For what purpose?

REPRESENTATIVE JASON ISAAC: Does the gentle-lady yield?

REPRESENTATIVE CAROL ALVARADO: Yes.

REPRESENTATIVE LOIS KOLKHORST: She yields.

REPRESENTATIVE JASON ISAAC: Mrs. Alvarado , does this affect my liberty to pack lunches for my children?

REPRESENTATIVE CAROL ALVARADO: Absolutely not. You're free pack whatever you like.

REPRESENTATIVE JASON ISAAC: Do you believe that these sugary drinks have lead into a spike of I guess prescriptions of ADHD medications because it spikes their behavior?

REPRESENTATIVE CAROL ALVARADO: I would say, yes, sir.

REPRESENTATIVE JASON ISAAC: I think there's some statistics that will actually support that. I think this is a great bill. I support it whole heartedly

REPRESENTATIVE CAROL ALVARADO: Thank you for your comments. I close.

REPRESENTATIVE LOIS KOLKHORST: Members, the question occurs on the passage of House Bill 127 to engrossment. There is a record vote requested. The clerk will ring the bell. Show the Chair voting aye. Have all voted? Have all members voted? Show Mrs. Jones McClendon voting aye. There being 96 ayes, 46 nays; House Bill 127 passes to engrossment. Chair lays out House Bill 397 and recognizes -- The clerk will read the bill.

CLERK: HB397 by Gonzalez. Relating to the creation of the Bureau for Economic Development of the Border Region.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Gonzalez.

REPRESENTATIVE VERONICA GONZALES: Thank you, Madam Speaker. Members, I move to postpone this bill to a time certain being 8:00 a.m. on Thursday, April 28th.

REPRESENTATIVE LOIS KOLKHORST: Members, you've heard the motion. Is there objection? Chair hears none and the bill is postponed. Chair lays out House Bill 1390 and recognizes the clerk to read the bill.

CLERK: HB1390 by Deshotel. Relating to retainage under certain construction contracts.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Deshotel to explain the bill.

REPRESENTATIVE JOE DESHOTEL: I move to postpone further consideration of House Bill 1390 to Thursday, 10:00 a.m., April 28th.

REPRESENTATIVE LOIS KOLKHORST: Members, is there any objection? Chair hears none. House Bill 1390 is postponed. Chair lays out House Bill 2494 and the clerk will read the bill.

CLERK: HB2494 by Legler. Relating to the recovery of fraudulently obtained unemployment benefits.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Legler to explain the bill.

REPRESENTATIVE KEN LEGLER: Madam Chair, I move to postpone House Bill 2494 until Thursday, April 28th at 9:59 a.m.

REPRESENTATIVE LOIS KOLKHORST: Members, there's been a rash of postponement of bills. Is there objection? Chair hears none. House Bill 2494 is postponed. Chair lays out House Bill 2575. Clerk will read the bill.

CLERK: HB2575 by Phillips. Relating to the use of an electronic lien system established by the Department of Motor Vehicles.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Phillips to explain the bill.

REPRESENTATIVE LARRY PHILLIPS: Thank you, Mr. Speaker or Madam Speaker. Members, this bill allows the Texas Department of Motor Vehicles to require the use of an electronic lien filing system. It will move substantially more transactions to this electronic medium, reduce agency costs and improve the security process. And I do believe there's one amendment.

REPRESENTATIVE LOIS KOLKHORST: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Creighton.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Yes, this amendment is acceptable to the author. And what it does is it goes in and takes out the word credit union and puts depository institution to kind of expand the coverage of that exception. With that, I move adoption of his amendment.

REPRESENTATIVE LOIS KOLKHORST: Representa tive Phillips sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Is there anyone wishing to speak on, for, or against House Bill 2575? Chair hears none and recognizes Representative Phillips to close.

REPRESENTATIVE LARRY PHILLIPS: Move passage.

REPRESENTATIVE LOIS KOLKHORST: Members, the question occurs on the passage of House Bill 2575 to engrossment. All those in favor say aye, all those opposed? The ayes have it and House Bill 2575 passes to engrossment. Chair recognizes Representative Deshotel.

REPRESENTATIVE JOE DESHOTEL: Yes, Mrs. Speaker. I just want to clarify this. House Bill 1390 was moved to Thursday, this week, April 28th, 2011, 10:00 a.m.

REPRESENTATIVE LOIS KOLKHORST: Members, Mr. Deshotel sends up a clarifying motion. Is there objection? Chair hears none. The motion is accepted. Chair lays out House Bill 2624 and recognizes the clerk to read the bill.

CLERK: HB2624 by Sheffield. Relating to procedures applicable in circumstances involving family violence or other criminal conduct in military personnel.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Sheffield to explain the bill.

REPRESENTATIVE RALPH SHEFFIELD: Madam Speaker, I do have a perfecting amendment as well.

REPRESENTATIVE LOIS KOLKHORST: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Sheffield.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Sheffield explain the amendment.

REPRESENTATIVE RALPH SHEFFIELD: Basically , this amendment takes out the word are complainant and it ensures that the name includes the report of the military member who is a suspect. It is acceptable to the author.

REPRESENTATIVE LOIS KOLKHORST: Mr. Sheffi eld sends up an amendment. It is acceptable to the author. Is there objection? Chair hears none and the amendment is adopted. Chair recognizes Representative Sheffield to explain House Bill 2624.

REPRESENTATIVE RALPH SHEFFIELD: Members, House Bill 2624 amends the family code to ensure that a copy of a protective order is given to the marshal or joint force headquarters of a military installation. Move passage.

REPRESENTATIVE LOIS KOLKHORST: Members, is there anyone wishing to speak for or against House Bill -- Members, we're going to back up. We have an amendment and it has not been scanned into the system. It's being scanned into the system right now, so we'll pause for just a moment. Members, we're going to out the Sheffield amendment. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Sheffield.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Sheffield to explain the second amendment.

REPRESENTATIVE RALPH SHEFFIELD: It's the first amendment, Madam Speaker.

REPRESENTATIVE LOIS KOLKHORST: First amendment? Okay. Members, we're back to the first amendment that we previously adopted.

REPRESENTATIVE RALPH SHEFFIELD: This amendment takes out the word or complainant, to ensure that only -- the name will be included in the report is the military member who is (inaudible), and this is acceptable to the author.

REPRESENTATIVE LOIS KOLKHORST: Mr. Sheffi eld sends up an amendment. It is acceptable to the author. Is there objection? Chair hears none and the amendment is adopted. The Chair recognizes Representative Sheffield to close on House Bill 2624.

REPRESENTATIVE RALPH SHEFFIELD: Move passage.

REPRESENTATIVE LOIS KOLKHORST: Mr. Sheffi eld wishes to pass House Bill 2624 to engrossment. All those in favor say aye, those opposed nay. Members, vote aye, vote no. The clerk will ring the bell. Have all members voted? Showing Representative Miller voting aye. Have all voted? There being 134 ayes, 1 nay, 2 present not voting; House Bill 2624 passes to engrossment. Mr. Eissler and Mr. Miles, will you come forward, please? Members, Mr. Miles previously raised a point of order that -- over further consideration of House Bill 400 that it violated Rule 4, Section 32. The Chair has reviewed the bill and the bill analysis. The Chair rules that the bill analysis is not materially or substantially misleading and, therefore, the point of order is respectfully overruled. Members, the Chair lays out House Bill 4020 as a matter of postponed business and recognizes the clerk to read the bill.

CLERK: HB400 by Eissler. Relating to flexibility for public schools to administer primary and secondary education efficiently.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Eissler to explain the bill. Members, Representative Miles raises another point of order under further consideration of House Bill 400. Representative Miles and Representative Eissler, please come forward. Mr. Miles will explain his point of order. Members, Mr. Miles temporarily withdraws his point of order. Mr. Eissler moves to postpone consideration of House Bill 400 until 5:50. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 38 and recognizes the clerk to read the bill.

CLERK: HB38 by Menendez. Relating to the criminal penalty for and certain civil consequences of damaging property with graffiti.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Menendez to explain the bill.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker and members. There is an amendment -- There are two amendments to this bill and I would like to lay out the amendment and then lay out the bill, as they are perfecting amendments.

REPRESENTATIVE LOIS KOLKHORST: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Menendez.

REPRESENTATIVE LOIS KOLKHORST: Chair recognizes Representative Menendez to explain the amendment.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker and members, this amendment simply allows to fix a technical problem mentioned by the HRO, where it said other opponents -- wrong mike, sorry. Other opponents say -- they pointed out the fact that 72 hour minimum confinement would not apply to state jail felony. This amendment moves that 72 hour requirement from the current location to the community supervision section of the penal code. This change would allow for a judge to assess the 72 hours as a condition of probation, and it would be applicable to misdemeanors as well as felonies. Members, we want to give our judges the discretion. Many of -- Some of you may or may not realize this, but when someone gets arrested for graffiti in many of our urban counties, they get 24 hours credit for one hour served. So in many cases, if they get arrested at 10:00 p.m. and they serve two hours they get 24 hours credit. The next day, the next day hour they serve they get another 24 hour credit. What I've been asked by my D.A. is that many of my constituents are asking them to spend at least one day, one night in jail, to see if these kids can get scared straight. And that's -- this amendment does that. It's acceptable to the author. I move adoption.

UNIDENTIFIED MAN SPEAKER: Mr. Speaker, does the gentleman yield?

REPRESENTATIVE DENNIS BONNEN: Representat ive Menendez, would you yield to Representative Chisum?

REPRESENTATIVE JOSE MENENDEZ: Absolutely.

REPRESENTATIVE DENNIS BONNEN: He yields.

REPRESENTATIVE WARREN CHISUM: Mr. Menendez , would you just explain to us just exactly what this bill does? Who are we putting in jail and is there some discretion? Because it -- You know, Johnny loves Sally, is that graffiti? How do we know what graffiti is? It is very subjective. If I touch a pencil to a wall, am I guilty of graffiti?

REPRESENTATIVE JOSE MENENDEZ: We haven't taken any judicial discretion, Warren. But what I do want folks to know is that HB38 will make a first time offense a Class A misdemeanor.

REPRESENTATIVE WARREN CHISUM: Class A?

REPRESENTATIVE JOSE MENENDEZ: Class A.

REPRESENTATIVE WARREN CHISUM: Which requires a $500 fine or --

REPRESENTATIVE JOSE MENENDEZ: Possibly. Yes, sir.

REPRESENTATIVE WARREN CHISUM: Yeah, so it goes up to $500?

REPRESENTATIVE JOSE MENENDEZ: Right. And there's a reason for that.

REPRESENTATIVE WARREN CHISUM: But no jail time?

REPRESENTATIVE JOSE MENENDEZ: But no jail time. The reason we want to do this, and we want them to have one night in jail, is because currently, when the D.A.'s office, when someone gets arrested for graffiti, the D.A.'s office, they are not prosecuting these cases at all. And so these kids, in many cases, maybe get community supervision, get to go paint a wall or a fence or something, and they are gone. And so for many gangs, graffiti is part of their induction. And so in many parts of urban Texas, in my district in particular, graffiti is a run away -- it's in rampant, epic proportions, and my constituents are asking can something be done? And they are asking for us to do something that would really deter these kids, make them think twice before they go out and do this tagging.

REPRESENTATIVE WARREN CHISUM: Okay. And I notice here you got a 72 hours, could be detained in jail. What constitute that for the judge to sentence maybe 16-year-old or maybe a 17-year-old?

REPRESENTATIVE JOSE MENENDEZ: In county jails they are getting credit, 24 hours worth of credit for every hour spent in jail currently, in a calendar day. So the only way to get them to spend one night, because I've worked with my DA's office for about a year in a half on this, ever since the last session; I said how can we get them to spend one night in jail? So the magic number seems to be 72 hours. Seventy-two hours, because if they get arrested at 10:00 p.m., 11:00 p.m., that one hour they serve will give them credit for 24 hours.

REPRESENTATIVE WARREN CHISUM: But you still have to serve the rest of the --

REPRESENTATIVE JOSE MENENDEZ: Exactly. The next day, one hour would constitute credit for the next 24 hours. So, in essence, if the bill said 48 hours, they could be there for two hours, two and a half hours and be set free.

REPRESENTATIVE WARREN CHISUM: You know, I just worry about putting somebody in on a first offense, maybe they did a Johnny loves Sally, a little heart around it. Obviously, not graffiti, but they shouldn't have done it. But I agree with that. I don't want to put that kind of kid in jail. My understanding, if somebody paints a gang symbol or something on a wall, that's okay. I want them to go to jail.

REPRESENTATIVE JOSE MENENDEZ: Absolutely. And what's happening, Warren and members, the gangs, in particular in parts of my district, they are putting their names or their boundaries. They are marking their boundaries all along. And it could be on somebody's privacy fence, it could be on somebody's home, it could be on somebody's business, it could be along the back of a grocery store. In many cases they put XYZ Gang Rules Here. And then what happens is the rival gang comes by and they paint over that and put a big X on that and say no, ABC Gang Rules Here. They are like dogs marking their territory. And, pretty soon, you get -- Pardon me?

REPRESENTATIVE WARREN CHISUM: I was just referring to the puppy bill, they do it different ways.

REPRESENTATIVE JOSE MENENDEZ: Different ways? Exactly. And what's sad is that in many cases people are making a decision of whether or not to buy a heme in neighborhoods because of graffiti they may or may not see. They are making decisions on who to stop and do business with in a neighborhood because of some of the graffiti they see. It really deters -- just a sense of peace and tranquility in a community. I mean when we laid this bill out we had the president of a neighborhood association come up and say the graffiti was the number one problem they were having in that neighborhood, a 5,000 home neighborhood association, 17,000 residents. And that's the number one issue they got deal with. And they've been waiting for years for someone to do something that hopefully would come up with a way for a real deterrent.

REPRESENTATIVE WARREN CHISUM: Thank you very much.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Warren.

REPRESENTATIVE DENNIS BONNEN: Representat ive Menendez offers up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Madam Doorkeeper?

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

REPRESENTATIVE DENNIS BONNEN: Please admit the messenger.

SENATE MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate --

REPRESENTATIVE DENNIS BONNEN: Thank you. Amendment. The clerk will read the amendment.

CLERK: Amendment by Gallego.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Gallego to explain the amendment.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. Members, there were two graffiti bills that passed out of the Committee on Criminal Jurisprudence. And this amendment just simply harmonizes the two to make sure that there are no conflicts. So it is -- This amendment is acceptable to the author.

REPRESENTATIVE DENNIS BONNEN: Representat ive Gallego offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Amendment by Gallego -- I'm sorry. Amendment by Walle. The clerk will read the amendment. Mr. Walle. Clerk will read the Walle amendment.

CLERK: Amendment by Walle.

REPRESENTATIVE DENNIS BONNEN: The amendment is on the wrong bill, so it is withdrawn. Chair recognizes Representative Menendez to close.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker. Members, our communities are spending millions of dollars and time and energy in clean up efforts with little effect on this problem. Graffiti is a real issue. This came out of the committee unanimously and I ask for your support. Move passage.

REPRESENTATIVE DENNIS BONNEN: Question occurs on adoption of House Bill 38 to engrossment. All those in favor say aye, all those opposed say nay. The ayes have it. House Bill 38 is passed to third reading. Chair lays out House Bill 273 on second reading. The clerk will read the bill.

CLERK: HB273 by Zerwas. Relating to creation of a study committee for the Interstate Health Care Compact.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Zerwas to explain the bill.

REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker and members. House Bill 273 establishes a study committee contingent on the passage of the interstate health care compact by the Texas Legislature and the compact's approval by the United States Congress. The bill has a temporary provision that is set fire on August 31st, 2013, establishing the Texas Health Care Compact Advisory Committee to make recommendation to the Legislature and the government on the implementation of the compact. Committee will examine the state's capability to assume regulatory authority over health care and to recommend the appropriate scope of authority and responsibility for the state, consistent with the state's capability to assume regulatory authority over health care. Committee would also examine an organizational structure to exercise regulatory authorities over health care, a timetable for implementation, and specific amendments to state laws and regulations that are necessary to implement the committee's recommendation. The committee will report its recommendation to the governor, not later than December 1st, 2012. This bill is clearly designed to work in conjunction with Chair Kolkhorst's House Bill 5, which was voted out of this House last week.

REPRESENTATIVE DENNIS BONNEN: Representat ive Coleman?

REPRESENTATIVE GARNET F. COLEMAN: Would the gentleman yield, please?

REPRESENTATIVE JOHN ZERWAS: Yes.

REPRESENTATIVE GARNET F. COLEMAN: Mr. Zer was, what would be the purpose of moving around the state, to have hearings in each part of the state on a compact that, quite frankly, probably won't occur even if the bill passed; it probably won't happen.

REPRESENTATIVE JOHN ZERWAS: Well, I'm not sure I share your concerns that it probably won't pass.

REPRESENTATIVE GARNET F. COLEMAN: If you take the Congress, and you have the Congress between now and 2012, that is a Congress for both -- it would take both Houses, and most people believe that it requires bills -- the approval of the president. And even without the approval of the president, if you don't have the approval of the Houses, so it is less likely to happen; isn't that --

REPRESENTATIVE JOHN ZERWAS: Well, it's completely unlikely to happen if we don't make the effort.

REPRESENTATIVE GARNET F. COLEMAN: So I'll get back to you. What's the purpose of going around the state in an election year talking about compacts?

REPRESENTATIVE JOHN ZERWAS: Well, election year or not, I think that's less relevant. I think the issue is that, you know, for this committee to be effective we would have to see some activity related to the health care compact.

REPRESENTATIVE GARNET F. COLEMAN: But is the activity only the passage of House Bill 5, or similar legislation that triggers the setting up of this committee to go around the state and pump up compacts across the state; or does it require the federal government to act?

REPRESENTATIVE JOHN ZERWAS: Well, no. I think it requires for the state to pass the interstate compact out. And then, obviously, given time, you have to have get time to get it out there, get the appropriate stake holder feedback that you would want, in order to basically establish our own health care program for the indigent, the disabled and the aged. So I think you have to get out there and get ahead of this thing a little bit. You can't just wait for the Congress to actually act, then say okay, now that we have got this available --

REPRESENTATIVE GARNET F. COLEMAN: I understand.

REPRESENTATIVE JOHN ZERWAS: -- footed and we don't have any way --

REPRESENTATIVE GARNET F. COLEMAN: But you admit that the likelihood that this happens is very slim --

REPRESENTATIVE JOHN ZERWAS: No, I can't really say that.

REPRESENTATIVE GARNET F. COLEMAN: -- between now and 2013, or now and 2012?

REPRESENTATIVE JOHN ZERWAS: Well, I'll go back again. It's zero if you don't try. But I'm hearing more and more conversation out of Washington DC in terms of looking at a way to control the Medicaid --

REPRESENTATIVE GARNET F. COLEMAN: Right, flexibility and not compact.

REPRESENTATIVE JOHN ZERWAS: Well, perhaps not compact. But certainly the idea of block grantings these programs is something that is inherent --

REPRESENTATIVE GARNET F. COLEMAN: And, yes. And the Senate, the U.S. Senate will never pass a block grant, for either Medicare nor Medicaid.

REPRESENTATIVE JOHN ZERWAS: They will never pass it if we don't ask, you're correct.

REPRESENTATIVE GARNET F. COLEMAN: That's right. But they the won't pass it even if you do. Thank you very much.

REPRESENTATIVE JOHN ZERWAS: Well, I know you've been around the block a little more on that than I have. But I do think that we need to explore the possibility of running our own health care programs.

REPRESENTATIVE LOIS KOLKHORST: Mr. Speake r?

REPRESENTATIVE DENNIS BONNEN: For what purpose?

REPRESENTATIVE LOIS KOLKHORST: Would the gentleman yield?

REPRESENTATIVE DENNIS BONNEN: Would the gentleman yield for a question?

REPRESENTATIVE JOHN ZERWAS: Absolutely.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE LOIS KOLKHORST: Thank you. Thank you, Representative Zerwas, for bringing this legislation forward. You and I have had a discussion on the appointments by the Speaker of the House, and the Lieutenant Governor. Is it possible that they can appoint legislatures, or do they have to be public members?

REPRESENTATIVE JOHN ZERWAS: There's -- We didn't place any restrictions on that. We wanted the best and the brightest to have the opportunity to serve. If that happens to be a legislator then there's no prohibition in that happening. But I think this is an effort of such magnitude, that we need to make sure the Speaker, the Governor, the Lieutenant Governor have the freedom to chose the people that they think can best tackle something like this, which I'll argue is probably one of the the biggest things that a legislature has ever had to look at in terms of defining what the provisions of this health care program would be in the opportunity that we actually have the opportunity to do it.

REPRESENTATIVE LOIS KOLKHORST: So this group would actually begin to look at the ground work of how this would operate, am I correct?

REPRESENTATIVE JOHN ZERWAS: Absolutely. We are not exactly starting from ground zero, there have been eight states, at least Rhode Island, that has been granted a block grant, and has seen some improvement in their expenditures, while still being able to meet the health care needs of that state. And so there are going to be some examples out there for us to look at. There's also some work that was done in the last session, during the interim actually, HB497, where we looked at what some of the issues were (inaudible). And it basically looks at kind of a situation where we were basically forced to design our own health care program, because eventually the matching program became less and less, and so it kind of -- for the Health and Human Services Commission to develop a strategic plan, if you will, to look of a better way of framing it, to say what if we were actually in a position that we had to define the health care program for the State of Texas. And, you know, they came up with some interesting and intriguing ideas, but one of the things that came out of that report clearly said is that if we're ever going to transform the Medicaid program, the idea of a block grant is one of those things that is probably critical to being able to do that. There's a whole portfolio of other things I could say are in that report that would be needed to kind of be put in place in order to actually achieve the things that we're going to need to achieve. But there are things that if we don't, what we do know the consequences of inaction are is a Medicaid program that is going continue to outpace tax revenue of this state, outpace inflation, and eventually erode our ability to deliver on education, public safety and infrastructure.

REPRESENTATIVE LOIS KOLKHORST: Thank you Representative Zerwas.

REPRESENTATIVE GARNET F. COLEMAN: Mr. Spe aker, I was compelled to come back to the mike. Would Representative Zerwas yield?

REPRESENTATIVE DENNIS BONNEN: Absolutely. Would Representative Zerwas yield for a question?

REPRESENTATIVE JOHN ZERWAS: Yes.

REPRESENTATIVE DENNIS BONNEN: Yes, he yields for a question.

REPRESENTATIVE JOHN ZERWAS: I know there was something that brought you right back around, Chairman Coleman.

REPRESENTATIVE GARNET F. COLEMAN: You know, I have great deal of respect for you and I said this to Ms. Kolkhorst the other day, if she were running the state I would have more comfort. Do you agree with me that some bad health care decisions have been made over the last eight years, like one would be cutting prenatal care, cutting the children's health insurance program, that's two. Getting rid of medically needy, that some of those things were worthy initiatives?

REPRESENTATIVE JOHN ZERWAS: I think that there are probably things, as we look at what the years out affect of some of those programs were, I think we can look with 20/20 hindsight and say those are things that we should have probably stayed invested in, that had some return on investment.

REPRESENTATIVE GARNET F. COLEMAN: My question is, what do the rest of us do when we're looking back on this effort with 20/20 hindsight and we realize that it was an effort that should not have been undertaken?

REPRESENTATIVE JOHN ZERWAS: I think we all learn from the efforts of the past. Certainly I think that we ought to look at things that work and have a return on investment. You mentioned a few of those things and I know a few of them myself, you know,

(inaudible) preterm babies and stuff.

REPRESENTATIVE GARNET F. COLEMAN: Right. To the March of Dimes, to go talk to them and not implement that component, or else we would have had more low birth weight babies. I mean, the point I'm trying to make is the inflation is medical inflation, not regular inflation. We actually lose money in terms of what our growth would be under HB5, and this commission doesn't change that, because you can't change the legislation once it's intact, am I correct?

REPRESENTATIVE JOHN ZERWAS: I'm sorry, I missed what your question was.

REPRESENTATIVE GARNET F. COLEMAN: If legislation passes in the formulas laid out in the statute that passes, this commission can't change that, can they?

REPRESENTATIVE JOHN ZERWAS: Well, I think it's yet to be determined what the commission can and can't change. I think the commission is strictly designed to help us, you know, carry out what the health care program --

REPRESENTATIVE GARNET F. COLEMAN: Shouldn 't we understand that before we pass the bill?

REPRESENTATIVE JOHN ZERWAS: Pardon me?

REPRESENTATIVE GARNET F. COLEMAN: Shouldn 't we understand what the design is before we pass the bill?

REPRESENTATIVE JOHN ZERWAS: I think that's intrinsic as the responsibility of the commission, it's the design. Not starting out necessarily with the hindsight of 20/20, looking back on things we've done in the past and certainly building on some of the things that we've done. I think this commission is actually designed to do that, Chairman Coleman.

REPRESENTATIVE GARNET F. COLEMAN: That would be my concern, the commission had no power, but to go around and have hearings pushing the idea of a compact, it's a roadshow for something that is designed to advertise the compact.

REPRESENTATIVE JOHN ZERWAS: Certainly there will be some compact discussions. I'm not sure if I would call it advertisement, but it's something that we need to do we need to do, if we're go doing look to the future of helping us manage the quality of -- high quality health care.

REPRESENTATIVE GARNET F. COLEMAN: Thank you, Chairman Zerwas.

REPRESENTATIVE JOHN ZERWAS: Thank you, Chairman.

REPRESENTATIVE DENNIS BONNEN: Representat ive Kolkhorst raises a point of order, that the gentleman's time has expired. The point of order is well taken and sustained. Thank you. Is there anyone else wishing to speak on, for, or against House Bill 273? Seeing no one. Chair recognizes Representative Zerwas to close.

REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker and members. I hope that the dialogue that Chairman Coleman and I have had, and Chairman Kolkhorst, has helped us all understand a little bit of what the purpose of this commission is. Again, it is to build on HB5, and that is the -- ultimately what would be the establishment of a compact. Then what would that health care system look like, that the State of Texas would have the opportunity to drive and to help drive down the costs related to that health care. And, with that, Mr. Speaker, I close.

REPRESENTATIVE DENNIS BONNEN: Question occurs on passage to third reading House Bill 273. All those in favor say aye, those opposed say nay. The ayes have it. House Bill 273 is passed to third reading. Chair lays out House Bill -- Chair lays out as a matter of postponed business, House Bill 400. The clerk will read the bill.

CLERK: HB400 by Eissler. Relating to flexibility for public schools to administer primary and secondary education efficiently.

REPRESENTATIVE DENNIS BONNEN: Mr. Miles raises a point of order against further consideration of House Bill 400. Pursuant to Rule 4, Section 32, the Chair has reviewed the bill analysis and the bill. The point of order is well taken and sustained. Chair lays out on second reading House Bill 598. The clerk will read the bill.

CLERK: HB598 by Jackson. Relating to requiring certain applicants for motor vehicle registration to provide proof that the applicant holds a valid driver's license.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Jackson to explain his bill.

REPRESENTATIVE JIM JACKSON: Mr. Speaker, members, House Bill 598 requires a person without a valid driver's license to register an individually owned vehicle. The bill has normal exclusions for elderly persons, persons with disabilities, part-time residents who have a reciprocal license agreement with other states or countries and dealers.

REPRESENTATIVE ARMANDO WALLE: Mr. Speaker?

REPRESENTATIVE DENNIS BONNEN: Representat ive Walle?

REPRESENTATIVE ARMANDO WALLE: Would Chairman yield for just a couple questions?

REPRESENTATIVE DENNIS BONNEN: Hold on. Members, please, take your conversations outside the rail. We can't hear the members speaking from the front and the back mike. Thank you. Representative Walle?

REPRESENTATIVE ARMANDO WALLE: Thank you. Will the gentleman yield for a few questions?

REPRESENTATIVE DENNIS BONNEN: Representat ive Jackson, do you yield?

REPRESENTATIVE JIM JACKSON: I yield.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE ARMANDO WALLE: Thank you. Chairman Jackson. I appreciate the opportunity to kind of have this discussion, but HB598 states that a county tax assessor collector may not register a motor vehicle owned by an individual unless the owner provides proof that the owner holds a driver's license. So would the owner of the vehicle have to physically go obtain -- physically go to the tax assessor's office to obtain that registration and, in addition to that, to prove that him or her is the owner?

REPRESENTATIVE JIM JACKSON: Yes.

REPRESENTATIVE ARMANDO WALLE: So they have to go physically down?

REPRESENTATIVE JIM JACKSON: They have to prove that they are the owner at the --

REPRESENTATIVE ARMANDO WALLE: But they have to prove that they are the owner at the tax assessors collector's office?

REPRESENTATIVE JIM JACKSON: Yes.

REPRESENTATIVE ARMANDO WALLE: Okay. Can you also explain to us how it would impact online registration?

REPRESENTATIVE JIM JACKSON: I'm sorry, I can't hear you.

REPRESENTATIVE ARMANDO WALLE: Mr. Speaker , can we have a little order, please?

REPRESENTATIVE DENNIS BONNEN: Members, we are close to finishing the calendar. If we could have order and attention to the members at the front and back mike we'll move through this calendar and be out of here. Please give your attention to the folks at the front mike. Representative Walle, continue your questions.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Chairman. Chairman Jackson, again, I'm going to repeat my question. Can you tell us how it would impact online vehicle registration?

REPRESENTATIVE JIM JACKSON: You can -- I believe you can give them the driver's license number online.

REPRESENTATIVE ARMANDO WALLE: Give your driver's license number online? How would that impact somebody that -- There's an exemption for folks that are 85 and older?

REPRESENTATIVE JIM JACKSON: There is exemptions, and there is also exemption for persons with disabilities. So if you're younger than that, and you have a disability, and disabilities are pretty broad, it's defined in federal law. It's defined in federal law that disability is pretty broad.

REPRESENTATIVE ARMANDO WALLE: Okay. And this kind of leads me to my additional question, for a senior that might be 75 and no longer drives and might have a son or a daughter that driving them around to doctor's appointments, drives them around to dialysis, like my grandmother goes to dialysis and she doesn't drive and she hadn't reached 85 yet, she hasn't reached that age yet. She might own the car but, you know, myself or anybody else any other family member is unable to do the registration?

REPRESENTATIVE JIM JACKSON: I assume, given your description, she's got a disability?

REPRESENTATIVE ARMANDO WALLE: Right. She's not -- Under Social Security, she's not disabled. That's a whole other story. We have been fighting that for years. She's technically not disabled, but -- and I know there's lots of seniors that might be on dialysis that can't drive, but they're not considered by the Social Security Administration as being disabled. How would that affect --

REPRESENTATIVE JIM JACKSON: This is actually under the American Disabilities Act, not Social Security.

REPRESENTATIVE ARMANDO WALLE: Okay.

REPRESENTATIVE JIM JACKSON: And it's a much broader definition.

REPRESENTATIVE ARMANDO WALLE: And, in addition to that, you know, I have a very working class district, what if an owner of a vehicle couldn't take off work to register the vehicle? Does that bill ban a spouse or a son or a daughter from getting that registration for them?

REPRESENTATIVE JIM JACKSON: Whoever owns the vehicle has to the have a driver's license.

REPRESENTATIVE ARMANDO WALLE: So that would prohibit the son or daughter --

REPRESENTATIVE JIM JACKSON: Yes, it would.

REPRESENTATIVE ARMANDO WALLE: -- from gaining -- even if that son or daughter has a driver's license but the car is not registered in their name?

REPRESENTATIVE JIM JACKSON: That's true. In fact, I was in a tax office in Dallas County recently and a mother was trying to register a car for her son.

REPRESENTATIVE ARMANDO WALLE: Right.

REPRESENTATIVE JIM JACKSON: -- and they wouldn't let her do it.

REPRESENTATIVE ARMANDO WALLE: And that's kind of my concern. We have a lot of elderly folks that are not 85 yet, that are not disabled, they are owners of cars but they don't have driver's licenses, but they're driven around by their family members.

REPRESENTATIVE JIM JACKSON: We've tried to think about that, but that is a concern. That's the reason it's built in, the disabilities and 85. But 85 might, you know, if you want to lower that to 70 or something, you know, go ahead and bring up an amendment and that would be fine with me.

REPRESENTATIVE ARMANDO WALLE: Could you tell us maybe the financial impact that it would have on counties?

REPRESENTATIVE JIM JACKSON: Shouldn't have any financial impact on counties.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker.

REPRESENTATIVE JIM JACKSON: Yeah. Thank you, Mr. Walle.

REPRESENTATIVE ARMANDO WALLE: Mr. Speaker , can you reduce the exchange between myself and Chairman Jackson reduced to writing and placed in the journal?

REPRESENTATIVE DENNIS BONNEN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Simpson?

REPRESENTATIVE DAVID SIMPSON: Thank you. I have a question.

REPRESENTATIVE DENNIS BONNEN: Gentleman yield for a question, Mr. Jackson?

REPRESENTATIVE JIM JACKSON: I yield.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE DAVID SIMPSON: What about a farmer who owns different trucks or a vehicle and doesn't drive, has members of his family -- Similar things were just asked. But why are we requiring a driver's license to operate a vehicle to someone who doesn't drive?

REPRESENTATIVE JIM JACKSON: Well, I'll tell you why. I got tired of people coming up to me and telling me that I just got run into, somebody that didn't have a driver's license or insurance. And we tried to work on insurance, now I'm trying to work on the driver's licenses.

REPRESENTATIVE DAVID SIMPSON: Shouldn't we just penalize those people that cause those problems?

REPRESENTATIVE JIM JACKSON: Well, you can penalize them, but the person they run into, it doesn't do them much good.

REPRESENTATIVE DAVID SIMPSON: Thank you.

REPRESENTATIVE DENNIS BONNEN: The following amendment. The clerk will read the amendment.

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

REPRESENTATIVE DENNIS BONNEN: Representat ive Burnam, for what purpose?

REPRESENTATIVE LON BURNAM: I'd like to ask the gentleman questions about his bill.

REPRESENTATIVE DENNIS BONNEN: Okay. Members, back up. We're not doing the amendment yet. Would you answer some questions?

REPRESENTATIVE JIM JACKSON: Sure. I'd be glad to.

REPRESENTATIVE DENNIS BONNEN: The gentleman yields.

REPRESENTATIVE LON BURNAM: Thank you, Mr. Speaker. Chairman, I'm concerned that among the many unintended consequences that you have not taken into consideration is the fact that the driver responsibility program, any given year, at any given time, we have a hundred thousand people that have had their driver's licenses suspended. That doesn't mean that their household isn't entitled to own and have a car registered. Sir, have you done anything in this bill to address that very legitimate concern?

REPRESENTATIVE JIM JACKSON: I'm sorry, I didn't catch that.

REPRESENTATIVE LON BURNAM: Have you done anything to modify the bill, or any proposed amendments addressed this concern, because what it appears to me --

REPRESENTATIVE JIM JACKSON: If somebody has their licenses suspended?

REPRESENTATIVE LON BURNAM: Correct.

REPRESENTATIVE JIM JACKSON: No, I have not. And that is a good point.

REPRESENTATIVE LON BURNAM: So you are aware that at any given time in this state we have approximately a hundred thousand people with suspended driver's licenses, because of the driver responsibility program. And, very often, they are the only person in the household that has the ownership of a license. So this would end up discriminating against the entire household and their ability to --

REPRESENTATIVE JIM JACKSON: If you've got an amendment to that I'd be glad to look at it.

REPRESENTATIVE LON BURNAM: Well, I don't have an amendment because I didn't realize the bill was up.

REPRESENTATIVE JIM JACKSON: Thank you.

REPRESENTATIVE DENNIS BONNEN: Following amendment. The clerk will read the amendment.

CLERK: Amendment by Alonzo.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Alonzo to explain his amendment.

REPRESENTATIVE ROBERTO R. ALONZO: Thank you, Mr. Speaker. Members, this is a real simple amendment. As you heard in discussion, Mr. Jackson said he's concerned about insurance and driver's license. And, right now, I think that the biggest purpose should be on insurance. But what this amendment does, it simply says if you have a license and there are people whose licenses are suspended who, for some reason or another, cannot get a license, then I think part of what he's trying to do also, is trying to figure out buying these cars or registering these cars. There are people already with licenses. So this says there were two sections in the bill, one section was for chauffeur's license and the other just deals with licenses. I just ask that if they have a license that they be able to register the vehicle.

REPRESENTATIVE DENNIS BONNEN: Representat ive Alonzo offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Members, we are waiting for an amendment to be drafted. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Walle.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Walle to explain his amendment.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. This amendment just brings down the 85 exemption to 65, and I think it's acceptable to the author.

REPRESENTATIVE DENNIS BONNEN: Mr. Walle offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Jackson to close on his bill.

REPRESENTATIVE JIM JACKSON: Move passage.

REPRESENTATIVE DENNIS BONNEN: Question occurs on passage to third reading of House Bill 598. All those in favor say aye, all those opposed say nay. The ayes have it. House Bill 598 is passed to engrossment. Chair lays out House Bill 736 on second reading. Clerk will read the bill.

CLERK: HB736 by Patrick. Relating to required online information regarding public institutions of higher education.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Patrick.

REPRESENTATVIE DIANE PATRICK: Mr. Chairman , members, House Bill 736 aims to ensure that higher education institutions -- that higher educations institutions -- the resumes of higher education institutions are easily located on the website. This bill adds information that families and prospective students need in order to make the most informed decisions as they approach their postsecondary education. It simply enhances the current online institutional resume.

REPRESENTATIVE BONNEN: Okay. Representative Patrick offers up House Bill 736. Anyone wishing to speak for or against House Bill 736?

REPRESENTATVIE DIANE PATRICK: I have an amendment.

REPRESENTATIVE DENNIS BONNEN: We don't have it. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Patrick.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Patrick to explain the amendment.

REPRESENTATVIE DIANE PATRICK: This amendment simply strikes institution of higher education and replaces it with general academic institutions. This is simply a clean up, and it is acceptable to the author.

REPRESENTATIVE DENNIS BONNEN: Representat ive Patrick offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Patrick to close on the bill.

REPRESENTATVIE DIANE PATRICK: I move passage.

REPRESENTATIVE DENNIS BONNEN: Question occurs on passage to third reading of House Bill 736. All those in favor say aye, all those opposed say nay. The ayes have it. House Bill 736 is passed to engrossment. Chair lays out House Bill 1029 on second reading. The clerk will read the bill.

CLERK: HB1029 by Callegari. Relating to the conditions of release on bond for certain defendants charged with the offense of burglary.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Carter.

REPRESENTATIVE STEFANI CARTER: Thank you, Mr. Speaker. Members, House Bill 1029 relates to the conditions of release on bond for certain defendants charged with the offense of burglary. According to the latest crime data from the Texas Department of Public Safety, aside from larceny theft burglary offenses occur at a higher rate than any other offense in the state. When it comes to burglary offenses, routine offenders often account for a large portion of the offense volume, and the high number of the burglary offenses combined with the number of these offenders are repeat offenders, creates the need for more efficiently to track our burglars while out on bond. This bill is a common sense bill, members. It just says that a defendant is charged with burglary or is a convict felon --

REPRESENTATIVE DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 1029? Seeing no one. Question occurs on passage to engrossment of House Bill 1029. Those in favor say aye, those opposed say nay. The ayes have it. House Bill 1029 has passed to third reading. Chair lays out House Bill 1250 on second reading. Clerk will read the bill.

CLERK: HB1250 by Frullo. Relating to the use of facsimile signatures for certain documents involving certain municipalities.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Frullo.

REPRESENTATIVE JOHN FRULLO: Mr. Speaker, members, I move to postpone House Bill 1250 to Tuesday, May 3rd at 9:00 a.m.

REPRESENTATIVE DENNIS BONNEN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 1648 on second reading. The clerk will read the bill.

CLERK: HB1648 by Smith. Relating to the purchase of plastic bulk merchandise containers by certain businesses; providing a civil penalty.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Smith of Harris.

REPRESENTATIVE SMITH: Thank you, members. This requires recycled bulk plastic to be paid by check. It's supported by the retailers and supported by recyclers. I move passage.

REPRESENTATIVE DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 1648? The question occurs on passage to third reading of House Bill 1648. All those in favor say aye, those opposed say nay. The ayes have it. House Bill 1648 is passed to third reading. Chair lays out House Bill 1812 on second reading. The clerk will read the bill.

CLERK: HB1812 by Phillips. Relating to the type of newspaper required for publication of notice in certain counties.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Phillips. Representative Phillips?

REPRESENTATIVE LARRY PHILLIPS: Thank you, Mr. Speaker. Members, this bill relates to some of those rural counsels where they don't actually have a paper that meets a definition of a paper of record. And what this does is it allows a carefully craft exception to those, so that our local community, that folks there will have those notices go to the best places for them to read them. I would move passage.

REPRESENTATIVE DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 1812? Question occurs on passage of engrossment of House Bill 1812. All those in favor say aye, all those supposed say nay. The ayes have it. House Bill 1812 is passed to engrossment. Chair lays out House Bill 2229 on second reading. The clerk will read the bill.

CLERK: HB2229 by Coleman. Relating to the creation of the Texas HIV Medication Advisory Committee.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Coleman.

REPRESENTATIVE GARNET F. COLEMAN: Thank you, Mr. Speaker and members. What this bill does is continues the HIV Medications Advisory Committee, which is funded in House Bill 1 through the Health and Human Services Commission. What they do is look at drugs to make sure that we are buying the right drugs and that we're not pulling drugs out prematurely that handle -- that make sure that people with HIV continue to live productive and tax paying lives.

REPRESENTATIVE DENNIS BONNEN: Is anyone wishing to speak for or against House Bill 229? Following amendment. The clerk will read the amendment.

CLERK: Amendment by McClendon.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. McClendon to explain her amendment.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. Members, this amendment would enable (inaudible) to establish programs to advise the committee to gather evidence. Move adoption.

REPRESENTATIVE DENNIS BONNEN: Representat ive McClendon offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Coleman to close.

REPRESENTATIVE GARNET F. COLEMAN: Move passage.

REPRESENTATIVE DENNIS BONNEN: Question occurs -- Is there anyone else wishing to speak for or against House Bill 2229? Record vote has been requested. Question occurs on passage to engrossment of House Bill 2229. Clerk will please ring the bill. Members, please vote from your desk. Have all voted? Showing Representative Branch voting no. Have all voted? There being 53 ayes, 89 nays, 2 present not voting, 6 absent; House Bill 2229 fails to pass. Chair lays out House Bill 2311 on second reading. The clerk will read the bill.

CLERK: HB2311 by Miller. Relating to exemptions from groundwater conservation district permit requirements.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Miller.

REPRESENTATIVE DOUG MILLER: Mr. Speaker, the Senate Bill is over and eligible.

REPRESENTATIVE DENNIS BONNEN: Members, the Senate Companion of House Bill 2311 is over and eligible. Accordingly, the Chair lays out House Bill 692 and the clerk will read the bill.

CLERK: SB692 by Estes. Relating to exemptions from groundwater conservation district permit requirements.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Miller of Comal.

REPRESENTATIVE DOUG MILLER: Thank you, Mr. Speaker. Members, this bill has to do with the groundwater conservation districts, how they deal with permitting exemption. Try to clear up some confusion and prevent some potential litigation over these issues. So we seek to clarify these certain forms.

REPRESENTATIVE TRACY O. KING: Mr. Speaker?

REPRESENTATIVE DENNIS BONNEN: Representat ive King, are you asking the gentleman to yield for a question?

REPRESENTATIVE TRACY O. KING: I'm sorry?

REPRESENTATIVE DENNIS BONNEN: Would you like the gentleman to yield for a question?

REPRESENTATIVE TRACY O. KING: Yes.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE DOUG MILLER: I'd be happy to yield to my colleague.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE TRACY O. KING: Did you notice that whistling noise when I walked up to the mike?

REPRESENTATIVE DOUG MILLER: I did hear that whistling noise. I thought that was this bug that was up here.

REPRESENTATIVE TRACY O. KING: No. I think that was somebody playing with us. I have a question I would like to ask you for legislative intent purposes, if I may.

REPRESENTATIVE DOUG MILLER: Well, certainly. Absolutely.

REPRESENTATIVE TRACY O. KING: Representat ive Miller, the provisions in Section 1 of this bill intended to preclude a groundwater conservation district from using a non-evidentiary approval procedure before an exempt well is drilled so they can make sure the well exemption meets protected standards and the well's location conforms to applicable setbacks and spacing requirements?

REPRESENTATIVE DOUG MILLER: Well, yes, sir. In fact, Subsection H 1 and 2 in this bill, it's in accordance with those district rules. And, in fact, Chapter 36, Section 114 B, sets out those applications requiring a hearing and which ones don't require a hearing. So I think that's covered.

REPRESENTATIVE TRACY O. KING: So the answer to the question, and I can repeat the question for you, was yes or no?

REPRESENTATIVE DOUG MILLER: No.

REPRESENTATIVE TRACY O. KING: Okay. That's the answer I was looking for. Thank you, Mr. Miller, so the answer is no. Mr. Speaker?

REPRESENTATIVE DENNIS BONNEN: Yes, Mr. King?

REPRESENTATIVE TRACY O. KING: I would move that the exchange between Mr. Miller and myself be reduced to writing and placed in the House journal for all to see for generations.

REPRESENTATIVE DENNIS BONNEN: Absolutely. Members, you've heard the motion. Is there any objection? Obviously there is not. So ordered. Representative Miller to close.

REPRESENTATIVE DOUG MILLER: Move passage.

REPRESENTATIVE DENNIS BONNEN: Question occurs on passage to engrossment of Senate Bill 692. First, back up. Members, anyone wishing to speak for or against? Thank you. Question occurs on passage of Senate Bill 692 to third reading. All those in favor say aye, all those oppose say nay. The ayes have it. Senate Bill 692 is passed to third reading. Chair lays out House Bill 2403 on second reading. The clerk will read the bill.

CLERK: HB2430 by Otto. Relating to retailers engaged in business in this state for purposes of sales and use taxes.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Otto to explain the bill.

REPRESENTATIVE JOHN OTTO: Thank you, Mr. Speaker. Members, first let me tell you what this bill is not. It is not a new act. It is not subjecting anybody to a new tax. It's not increasing the rate of any tax. It also does not affect what are called affiliated marketers, people that you click through on their advertisements when you're buying something online. It is also not a sales tax on internet sales. What this bill is, is to define what constitutes physical presence in this state. And it says if you have physical presence in this state then you should be treated just like all of our other retailers who hire people as their employees, who pay property taxes, and who collect our sales tax. What this bill does is put into statute a clear understanding of what constitutes physical presence. I move passage. REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: M r. Speaker?

REPRESENTATIVE DENNIS BONNEN: Mr. Martinez , for purpose? REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: W ill the gentleman yield?

REPRESENTATIVE DENNIS BONNEN: Gentleman yield? He yields for some questions only. REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: T hank you, Mr. Otto. And I'm glad you cleared that up. Can you repeat that, that this is not a tax? Is it or is it not a tax.

REPRESENTATIVE JOHN OTTO: It is not a tax. It is about defining who should be collecting our sales tax. REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: W ere you aware that the Digital Liberty Project said that this bill would adversely effect the Texas economy?

REPRESENTATIVE JOHN OTTO: I'm sorry, who? REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: T he Digital Liberty Project. Kelly Cobb.

REPRESENTATIVE JOHN OTTO: I don't know who the Digital Liberty Project is, but I can tell you that the people who do affiliated marketing, for people like Amazon, are not effected by this bill. REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: O kay. Thank you.

REPRESENTATIVE DENNIS BONNEN: Representat ive Geren?

REPRESENTATIVE CHARLIE GEREN: Mr. Speaker , would the gentleman yield for a question or two?

REPRESENTATIVE DENNIS BONNEN: Gentleman yields for a question.

REPRESENTATIVE JOHN OTTO: I yield.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE CHARLIE GEREN: Mr. Otto, are you aware that when you purchase books on Kindle, which goes through Amazon, that you're charged sales tax?

REPRESENTATIVE JOHN OTTO: I was not aware of that.

REPRESENTATIVE CHARLIE GEREN: I purchased a book on my Kindle for $9.99 and my charge came through and it was $10.62, and it listed 63 cents or 62 and a half cents as tax. And I checked with the Comptroller's Office and the Comptroller says that Amazon collects tax for people who sell through them. Were you aware of that?

REPRESENTATIVE JOHN OTTO: I'm aware of that, because they also collect tax for Target, where Target uses their distribution center. So if Amazon is selling for someone who has a physical presence in this state they are already collecting tax on those sales.

REPRESENTATIVE CHARLIE GEREN: So if they are aware of a physical presence, am I correct in saying if they are aware that one of their customers has a physical presence in Texas, that the tax is owed; is that correct?

REPRESENTATIVE JOHN OTTO: That's correct.

REPRESENTATIVE CHARLIE GEREN: Then I'm -- Mr. Otto, I think you got a good bill. Just don't understand why they are not collecting taxes or at least remitting taxes on what they're selling.

REPRESENTATIVE HARVEY HILDERBRAN: Mr. Spe aker?

REPRESENTATIVE DENNIS BONNEN: Representat ive Hildebrand? Gentleman yield?

REPRESENTATIVE JOHN OTTO: I yield.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE HARVEY HILDERBRAN: Chairma n Otto, thank you for your work on this bill. This is something that we definitely need to do to clarify and to appropriately address this issue to be fair to all the retailers, and to make sure that those that -- who have a presence in this state are collecting sales tax, like all the other businesses there are in this state. I appreciate that. And I also want to mention to you that you're aware that Mr. Geren brought up and raised those issues so you would know, and all the rest of us would know, that he actually bought a book?

REPRESENTATIVE JOHN OTTO: Yeah.

UNIDENTIFIED MAN SPEAKER: Mr. Speaker?

REPRESENTATIVE DENNIS BONNEN: For what purpose?

UNIDENTIFIED MAN SPEAKER: Would the gentleman yield for a question?

REPRESENTATIVE DENNIS BONNEN: Gentleman yield for a question?

REPRESENTATIVE JOHN OTTO: I will.

UNIDENTIFIED MAN SPEAKER: Representative Otto, let me ask you something: If you have a supplier that goes through Amazon and the supplier is here, would there be any difference if the supplier were in Oklahoma if they both went through Amazon?

REPRESENTATIVE JOHN OTTO: Here is the thing by Amazon, by having physical presence in this state the distribution center in Arlington, Texas has a physical presence here; so Amazon should be collecting our tax already. As you're aware, even before I brought this bill, the Comptroller had assessed, and she didn't need what's in my bill. My bill merely puts into statute a clear understanding of what constitutes physical presence.

REPRESENTATIVE BILL ZEDLER: Okay. Thank you.

REPRESENTATIVE KEN LEGLER: Mr. Speaker?

REPRESENTATIVE DENNIS BONNEN: Representat ive Legler?

REPRESENTATIVE KEN LEGLER: Would the gentleman yield for a question?

REPRESENTATIVE JOHN OTTO: I yield.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields for a question.

REPRESENTATIVE KEN LEGLER: Help me understand this, and I think I do. And I'm a business owner, and I have a business, and I'm on the internet, and I charge sales tax if it's shipped in the State of Texas; and I don't if it's not shipped in the State of Texas. And say if I was -- And I know that Florida came to me and asked me certain questions about collecting tax for them, and I mentioned I don't have a business there, I don't have an office there, I don't have a salesman there, I don't have a distribution there; and I said so why should I be paying sales tax? And they said that's correct. And is that what your bill states, it's outlining what requires --

REPRESENTATIVE JOHN OTTO: That's correct. My bill stays totally within the Quill Supreme Court decision to basically define what constitutes physical presence. If you do not have physical presence here, you may certainly sell over the internet and nothing is going to change.

REPRESENTATIVE KEN LEGLER: Thank you. That's a good bill.

REPRESENTATIVE PETE P. GALLEGO: Mr. Speak er?

REPRESENTATIVE DENNIS BONNEN: Representat ive Gallego?

REPRESENTATIVE PETE P. GALLEGO: Would the gentleman yield for a question?

REPRESENTATIVE DENNIS BONNEN: Gentleman yield for a question?

REPRESENTATIVE JOHN OTTO: I will yield.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields for a question.

REPRESENTATIVE PETE P. GALLEGO: Mr. Otto, I just noticed that someone just dropped some stuff off on my desk and I notice that there's a group called the Americans For Tax Reform, who indicates that this is a direct evaluation of an anti tax pledge; is that correct?

REPRESENTATIVE JOHN OTTO: I'm not aware of that.

REPRESENTATIVE PETE P. GALLEGO: You're not aware that American Tax Reform has fought the imposition of these types of taxes across the country?

REPRESENTATIVE JOHN OTTO: Well, these taxes are already owed by the people purchasing these goods. My bill merely says that if you're a seller or retailer and you have physical presence in this state, just like any storefront operator does, then you should be subject to the same --

REPRESENTATIVE PETE P. GALLEGO: I'm not arguing that -- Democrats of California are attempting to do exactly the same thing that you're trying to do here, so I'm not going argue it on that basis.

REPRESENTATIVE JOHN OTTO: I'm not privy to what you're looking at, so I don't know what that has to do with my bill.

REPRESENTATIVE PETE P. GALLEGO: Well, I'm asking you where -- if the -- if Americans For Tax Reform, if they are supportive of your bill or not supportive of your bill?

REPRESENTATIVE JOHN OTTO: I'm not aware.

REPRESENTATIVE PETE P. GALLEGO: Did anyone sign up to testify against your bill from their organization?

REPRESENTATIVE JOHN OTTO: No.

REPRESENTATIVE PETE P. GALLEGO: Did anyone from the other organizations that are also aligned with Americans for Tax Reform --

REPRESENTATIVE DENNIS BONNEN: Representat ive Sheffield raises a point of order, that the gentleman's time has expired. The point of order is well taken and sustained. Question occurs on passage of House Bill 2403 to engrossment -- I apologize, members. Anyone wishing to speak for or against House Bill 2403? Question occurs on passage of House Bill 2403 to engrossment. All those in favor say aye, those opposed say nay. The ayes have it. House Bill 2403 -- Record vote has been requested. Record vote is granted. Clerk, please ring the bell. Have all voted? Showing Representative Workman voting aye. Have all voted? Mr. Taylor, Larry -- Have all voted? There being 122 ayes, 23 nays, 2 present not voting and 3 absent; house bill 2403 passes to third reading. Representative Miller of Comal moves to lay House Bill 2311 on the table subject to call, is there any objection? The chair hears none. So ordered. Chair recognizes Representative Hughes for a recognition.

REPRESENTATIVE BRYAN HUGHES: Thank you, Mr. Speaker. Members, I want to introduce someone to you in the gallery, a businessman and a great American and elected county commissioner Cole Hefner. Cole, would you stand so we can welcome you to your House? Please welcome Commissioner Cole Hefner. Thank you, Speaker.

REPRESENTATIVE DENNIS BONNEN: Thank you. Chair lays out House Bill 2476 on second reading and the clerk will read the bill.

CLERK: HB2476 by Harless. Relating to the appraisal for ad valorem tax purposes of certain dealer's heavy equipment inventory; providing penalties.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Mr. Spea ker, members, House Bill 2476 speaks to clarify the law on property tax appraisals for businesses that rent or lease heavy equipment. Under current law, calculating and property tax uniformly for these businesses has resulted in confusion and litigation. HB2476 is agreed to legislation by the equipment rental industry and the county appraisal district. The bill will not raise or lower taxes, but will make assessments in collections of business property tax on equipment rental companies more uniform.

REPRESENTATIVE DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2476? Question occurs on passage of House Bill 2476. All those in favor say aye, those opposed say nay. The ayes have it. House Bill 2476 is passed to engrossment. Chair lays out House Bill 2482 on second reading. The clerk will read the bill.

CLERK: HB2482 by Pena. Relating to the prosecution of and punishment for certain offenses involving theft.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Pena.

REPRESENTATIVE AARON PENA: The bill would amend the penal code as it relates to the offense of organized retail theft. The bill would remove the minimum threshold value for a charge of organized retail theft of $1,500. Under the provision of the bill, organized retail theft would be punishable as a Class B misdemeanor, if the total value of the merchandise involves --

REPRESENTATIVE DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2482? Question occurs on passage to engrossment of House Bill 2482. All those in favor say aye, all those opposed say nay. The ayes have it. House Bill 2482 is passed to engrossment. Chair lays out House Bill 2623 on second reading and the clerk will read the bill.

CLERK: HB2623 by Beck. Relating to certain energy security technologies for critical governmental facilities.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Beck.

REPRESENTATIVE MARVA BECK: Mr. Speaker, members, this bill just authorizes state energy conservation offices to establish guidelines for the CHP evaluation, and also clarifies the state institutions of higher learning is also included with other vital government infrastructure.

REPRESENTATIVE DENNIS BONNEN: Members, anyone wishing to speak for or against House Bill 2623? The question occurs on passage to engrossment of House Bill 2623. All those in favor say aye, those opposed say nay. The ayes have it. House Bill 2623 is passed to engrossment. Chair lays out House Bill 3272 on second reading and the clerk will read the l bill.

CLERK: HB3272 by Burnam. Relating to the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Burnam.

REPRESENTATIVE LON BURNAM: Mr. Speaker, members, this bill is an extension of a library program. And there's an amendment that is acceptable to the author. The program was originally started in 2001 by Chairman Chisum. It's been very effective in getting dirty cars off the road --

REPRESENTATIVE DENNIS BONNEN: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Chisum.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Chisum.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, this just makes this bill even better. It moves the odometer reading up to 70,000 miles and describe them --

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker?

REPRESENTATIVE DENNIS BONNEN: Miss Davis?

REPRESENTATIVE YVONNE DAVIS: Would the gentleman yield for a question?

REPRESENTATIVE DENNIS BONNEN: Gentleman, do you yield for a question?

REPRESENTATIVE WARREN CHISUM: I yield, yes, Mr. Speaker.

REPRESENTATIVE DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE YVONNE DAVIS: Chairman Chisum, we can't hear you. What does your amendment do?

REPRESENTATIVE WARREN CHISUM: Well, it changes the odometer reading, it goes up to -- you can buy a car up to 70,000 miles with this money. And it removes Mr. Burnam's name from the bill, so it makes a great bill. He don't care.

REPRESENTATIVE DENNIS BONNEN: Representat ive Chisum offers up an amendment. Mr. Burnam is glad to accept it. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Burnam to close.

REPRESENTATIVE LON BURNAM: Approval of bill. I move adoption.

REPRESENTATIVE DENNIS BONNEN: The question occurs on -- Anyone else wishing to speak for or against House Bill 3272? Question occurs on passage to engrossment of House Bill 3272. All those in favor say aye, all those opposed say nay. The ayes have it. House Bill 3272 is finally passed to third reading. Chair lays out House Bill 1146. The clerk will read the bill.

CLERK: HB1146 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.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Kuempel.

REPRESENTATIVE JOHN KUEMPEL: Thank you, Mr. Speaker. Members, House Bill 1146 establishes a regulatory framework for appraisal management companies in Texas. Move passage.

REPRESENTATIVE DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 1146? The question occurs of passage to engrossment of House Bill 1146. All those in favor say aye, those opposed say nay. The ayes have it. House Bill 1146 is passed to third reading. Chair lays out House Bill 1853 on second reading. Clerk will read the bill.

CLERK: HB1853 by Hamilton. Relating to the licensing and regulation of certain employees of fire protection sprinkler system contractors; providing a penalty.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Thank you, Mr. Speaker. This ends the conflict between the fire sprinklers and Texas Fire Contractors Association and requires one license per supervisor and changes a little bit of the language. And I move passage.

REPRESENTATIVE PETE P. GALLEGO: Represent ative Eiland, for what purpose?

REPRESENTATIVE CRAIG EILAND: Will the gentleman yield?

REPRESENTATIVE MIKE HAMILTON: Yes, sir.

REPRESENTATIVE PETE P. GALLEGO: Yes, sir. Gentleman yields.

REPRESENTATIVE CRAIG EILAND: Can you explain a little bit more, right quick?

REPRESENTATIVE MIKE HAMILTON: Sure. This basically has been a little contract between the Fire Sprinklers Local 669 and the Texas Sprinkler Contractors have been having a conflict. Basically they have come to together, now they are working together. It requires one license per supervisor at each job-site, who has to meet a responsible standard for fire extinguisher installation. It changes continued education to -- from voluntarily to mandatory.

REPRESENTATIVE CRAIG EILAND: Thank you. Thank you.

REPRESENTATIVE MIKE HAMILTON: Okay.

REPRESENTATIVE PETE P. GALLEGO: Anyone wishing to speak on, for, or against House Bill 1853? If not, Representative Hamilton you're recognized to close.

REPRESENTATIVE MIKE HAMILTON: I close. Move passage.

REPRESENTATIVE PETE P. GALLEGO: Members, the question occurs on the passage to third reading of House Bill 1853. All those in favor say aye, all those opposed, nay. The ayes have it. House Bill 1853 is passed to third reading. Chair lays out on second reading House Bill 2004. The clerk will read the bill.

CLERK: HB2004 by Bonnen. Relating to the sale of certain state property in Brazoria County by the Texas Board of Criminal Justice.

REPRESENTATIVE PETE P. GALLEGO: Chair recognizes Mr. Bonnen.

REPRESENTATIVE DENNIS BONNEN: This bill allows the general land office to auction off the -- fair market value, the land of 2200-acres.

REPRESENTATIVE SYLVESTER TURNER: Mr. Spea ker, would the gentleman yield?

REPRESENTATIVE DENNIS BONNEN: I'd be honored to yield.

REPRESENTATIVE PETE P. GALLEGO: Represent ative Turner, for what purpose?

REPRESENTATIVE SYLVESTER TURNER: Ask Chairman Bonnen a few question.

REPRESENTATIVE DENNIS BONNEN: Absolutely.

REPRESENTATIVE PETE P. GALLEGO: The gentleman yields.

REPRESENTATIVE SYLVESTER TURNER: Represen tative Bonnen, the land that's in question; is that -- is it already a criminal institution?

REPRESENTATIVE DENNIS BONNEN: They own over 14,000-acres down there, and what we're asking is for the opportunity to auction off 2200-acres for the opportunity of the purchaser, we believe that it would be, would able to build a reservoir.

REPRESENTATIVE SYLVESTER TURNER: Now, are we closing this institution?

REPRESENTATIVE DENNIS BONNEN: Not at all, sir. In no way are we closing the institution.

REPRESENTATIVE SYLVESTER TURNER: How much -- How much -- Now the reason I ask this question is because I know that the institution generates about 600 to 700 thousand dollars a year for the State of Texas. So is this going to impact?

REPRESENTATIVE DENNIS BONNEN: It should be a positive impact of over two million dollars for the sale of the land.

REPRESENTATIVE SYLVESTER TURNER: But it's a one time sale?

REPRESENTATIVE DENNIS BONNEN: Correct.

REPRESENTATIVE SYLVESTER TURNER: I guess my question is, right now the institution I think is generating through its farming, that's taking place at the institution, about 600 or 700 thousand dollars a year --

REPRESENTATIVE DENNIS BONNEN: Yes.

REPRESENTATIVE SYLVESTER TURNER: -- for the State of Texas. By this one time sale, is that going to impact the revenue that we are receiving from this --

REPRESENTATIVE DENNIS BONNEN: If you read what we are receiving from the Legislative Budget Board says that it will. But I disagree with their fiscal note, because there are 14,000-acres here available. And I find it hard to believe that they would not be able to move a little bit of that cattle onto some of the other acreage that they have. And I believe cotton is the crop that they are doing there. So I actually believe, and I don't want to mislead the members, but there is a fiscal note of 600 to 700 thousand dollars. But I disagree with it, because I believe that in 14,000-acres in southern Brazoria County, which is only the portion on this specific prison farm, they have many multiple thousands of other acres in the county that I believe they could probably absorb the loss of this acreage and not have a negative fiscal impact whatsoever.

REPRESENTATIVE SYLVESTER TURNER: Right. But as it presently stands right now, LPB is saying that the bill will cost the state?

REPRESENTATIVE DENNIS BONNEN: Well, it would cost the state in the out year, because initially there's a 2.2 million dollars advantage to the state.

REPRESENTATIVE SYLVESTER TURNER: Okay.

REPRESENTATIVE DENNIS BONNEN: Actually, there would be a 1.5 million advantage in the next year.

REPRESENTATIVE SYLVESTER TURNER: Right, but once you get past next year --

REPRESENTATIVE DENNIS BONNEN: According to the LBB, who I disagree with.

REPRESENTATIVE SYLVESTER TURNER: It's going to cost the state how much per year?

REPRESENTATIVE DENNIS BONNEN: 600 to 700 hundred thousand, if you agree that somehow in the 14,000-acres of land they will not be able to move the cattle and farm cotton elsewhere, if you don't think they can pull that off. I have more faith in them than maybe the LBB does.

REPRESENTATIVE SYLVESTER TURNER: And is the land -- It is being sold to a particular entity?

REPRESENTATIVE DENNIS BONNEN: No, it is not. It is being done through the normal practices of the General Land Offices for them to auction it off and fill the private bid, and the highest bidder will be successful. Now, with that said, in full candor, we do believe that the Dow Chemical Company is probably the only people willing to pay over two million dollars to buy worthless land at the end of the river, in the middle of nowhere, in southern Brazoria County, so that they can build a reservoir so that they can continue to grow and expand their plant. And, quite candidly, Dow announced at the end of last week over what I believe -- Dow hasn't put a number on it, but from my understanding what has been explained to me what is going to be over a billion dollars in further investment to our community. Which I think will probably well offset any loss that the prison may receive, which I don't even agree with.

REPRESENTATIVE SYLVESTER TURNER: Right. And that's the other reason why we're raising concern, is because, I mean, if we are doing this in order to -- in order for the benefit of one particular entity --

REPRESENTATIVE DENNIS BONNEN: We're not, Representative Turner. We're not at all. You can bid on it, I can bid on it, Representative Howard can go bid on it, anyone that wants to go bid on it can.

REPRESENTATIVE SYLVESTER TURNER: I understand that. But I just think that we're dealing with a situation -- There are two concerns: The first concern is the ongoing cost to the State of Texas of $600,000 to $700,000 a year. And I know this is a -- it's situated in a particular area, I understand that. I understand that. But it is a cost to all of us as it relates to the particular --

REPRESENTATIVE DENNIS BONNEN: And, again, Representative Turner, I disagree with that. I believe that the LBD fiscal note is irresponsible. And I respect that, and I hope the members can grasp the concept that over -- Well, I don't want to lie and say the numbers. But I know for a fact there are over 14,000-acres at this specific prison unit, and I am very confident that our friends at the Texas Department of Criminal Justice will be able to find some unused land to put their cattle and some unused land to raise the cotton. And I don't think they're going to have a negative fiscal impact.

REPRESENTATIVE SYLVESTER TURNER: I understand. And I understand what you're desire is. I do think, though, it raises -- it raises questions, you know, when we're talking about selling land that we are presently utilizing in our criminal justice system that is generating -- that is generating revenue. And then, secondly, the other concern is where we are selling state land and, potentially, we are only looking at only one potential buyer.

REPRESENTATIVE DENNIS BONNEN: We are not looking at only one potential buyer. I don't want to be disingenuous and suggest that some land developer is going to speculate on this land, but the reality of it is it will be a bill bid with anybody and everybody that has the desire to bid on it has that right, and the opportunity to come and do so.

REPRESENTATIVE SYLVESTER TURNER: Okay.

REPRESENTATIVE CHARLIE HOWARD: Mr. Speake r?

REPRESENTATIVE PETE P. GALLEGO: Mr. Howard , for what purpose?

REPRESENTATIVE CHARLIE HOWARD: Would the gentleman yield for a question?

REPRESENTATIVE DENNIS BONNEN: I'd be glad to yield for a question.

REPRESENTATIVE PETE P. GALLEGO: The gentleman yields, Mr. Howard.

REPRESENTATIVE CHARLIE HOWARD: Representa tive Bonnen, this is the exact same thing that we've been doing in Fort Bend county for the last ten years. We've taken open bid land. Anyone can purchase this land. And what we're doing is we're taking money to the state, and making that land available to economic development for jobs. Isn't that what we're doing? We've done over 8,000-acres of very similar deals in Fort Bend County. Are you aware of that?

REPRESENTATIVE DENNIS BONNEN: Yes. And also I want to point out, just so the members, you know, I would hate us to cut off our noses to spite our faces. If a billion dollars is invested, that should be around $20 million in property taxes yearly. So let's not cut off our nose to spite our face in what I don't even believe an accurate fiscal note, so we don't raise what would be hopefully over twenty million dollars annually, because of the investment that would occur for the proper supply of water in our community.

REPRESENTATIVE CHARLIE HOWARD: Thank you, Representative Bonnen. I think you have a good bill.

REPRESENTATIVE DENNIS BONNEN: Thank you, Representative Howard.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker?

REPRESENTATIVE PETE P. GALLEGO: Mr. Madden , for what purpose?

REPRESENTATIVE JERRY MADDEN: Will Representative Bonnen yield for a couple questions?

REPRESENTATIVE DENNIS BONNEN: I would be glad to yield for some questions.

REPRESENTATIVE PETE P. GALLEGO: Gentleman yields.

REPRESENTATIVE JERRY MADDEN: Dennis, obviously, we have heard this bill in the Corrections Committee. And you brought the idea to me of either trading or selling the land. And, obviously, this has a positive fiscal note for this current coming biennium, right? A fairly substantial one.

REPRESENTATIVE DENNIS BONNEN: It is a positive fiscal note in the coming biennium, that is correct.

REPRESENTATIVE JERRY MADDEN: It's something, as a matter of fact, that the Corrections Committee has been working on, probably harder than any other group has, to try to generate positive fiscal notes for the legislation, and your bill does exactly that for the next two years?

REPRESENTATIVE DENNIS BONNEN: That is exactly, correct.

REPRESENTATIVE JERRY MADDEN: And the question that was raised has to do with expectations of future revenues that may or may not be lost. You're right, they have a lot of cattle and they do grow certain crops over there, some of the leafy vegetables and some of the other things like. That but you are aware that there's a lot of land at TDCJ?

REPRESENTATIVE DENNIS BONNEN: Actually, I'm extraordinarily aware, because last session I actually had a bill that we passed and then the governor vetoed, because the county wasn't going to pay for. And it was several hundred acres that was not being utilized by TDCJ, near our county airport. And that's an ideal spot they could move cattle to.

REPRESENTATIVE JERRY MADDEN: Right. And one of the ideas that was brought forward at this time was also that TDCJ couldn't even use the water that was there in this reservoir?

REPRESENTATIVE DENNIS BONNEN: Actually, the reservoir would create water resource opportunities for TDCJ. They've also discussed building TDCJ a fish hatchery there. They're not committed to that.

REPRESENTATIVE JERRY MADDEN: Or other agriculture they could use --

REPRESENTATIVE DENNIS BONNEN: Or other aquaculture opportunities for them.

REPRESENTATIVE JERRY MADDEN: So that opportunity is there, and would certainly, I would think, be part of any sales or bidding process that you put out there that says there might be additional revenue --

REPRESENTATIVE DENNIS BONNEN: Correct.

REPRESENTATIVE JERRY MADDEN: -- and is not included in your bill? Mr. Bonnen, I appreciate it thank you.

REPRESENTATIVE DENNIS BONNEN: Thank you, Mr. Chairman, for your help on this bill.

REPRESENTATIVE PETE P. GALLEGO: Anyone wishing to speak on for or against House Bill 2004? If not, Chair recognizes Mr. Bonnen to close.

REPRESENTATIVE DENNIS BONNEN: I move passage.

REPRESENTATIVE PETE P. GALLEGO: Members, the question occurs on passage to third reading of House Bill 2004. A record vote has been requested. A record vote is granted. The clerk will ring the bell. All members voted? Have all members voted? There being 139 ayes and 3 nays, House Bill 2004 is passed to third reading.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Harless for a motion to reconsider.

REPRESENTATIVE PATRICIA HARLESS: Thank you, Mr. Speaker. Members, I move to reconsider the vote by which House Bill 2229 failed, record vote No. 535.

REPRESENTATIVE DENNIS BONNEN: Members, you've heard the motion. Is there any objection? The chair hears none. So ordered. Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Members, I move to reconsider the vote on the McClendon Amendment.

REPRESENTATIVE DENNIS BONNEN: Members, you've heard the motion. Is there any objection? The chair hears none. So ordered. Members, we're now on the McClendon Amendment. Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Mr. Speaker, members, I move to withdraw the amendment to HB2229.

REPRESENTATIVE DENNIS BONNEN: Members, you've heard the motion to withdraw the amendment. Is there any objection? The Chair hears none. The amendment is withdrawn. Chair recognizes Representative Coleman to close on the bill.

REPRESENTATIVE GARNET F. COLEMAN: Thank you, Mr. Speaker. I want to thank the members of the Human Services Committee and the Public Health Committee for working hard to pass this particular piece of legislation. And I would be happy to answer any questions.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker , would the gentleman yield?

REPRESENTATIVE DENNIS BONNEN: Gentleman yields for questions.

REPRESENTATIVE WARREN CHISUM: Mr. Coleman , you know, I think it came with the amendment on it, came an easy no vote. Can you tell us why it's a good vote now?

REPRESENTATIVE GARNET F. COLEMAN: Yes, I will. Thank you very much, Warren, Representative Chisum. What this particular committee does, is the medications -- it would be just like if we had an advisory committee for cancer medication. It looks at the medications that we buy for the ADA program, the AIDS drug assistance program, and makes sure we have the appropriate medication on the formulary. So, for example, if there's a medication that in combination with another one doesn't work anymore, we don't buy that medication. So -- And it goes from the experience of the people who actually are taking the medications, that keep the T-cell count low. Or, in other words, keeps people healthy that have HIV so that it does not progress into full blown AIDS. It keeps them working and paying taxes and doing the things that all of us do if we need a medication to proceed. So there's no money in it, the actual cost is already in House Bill 1 in the Department of State Health Services. It keeps that collaboration between providers, patients and the formulary for ADAP, AIDS Drug Assistance Program going, so that we make right decisions.

REPRESENTATIVE WARREN CHISUM: Just describe to us, for our benefit, who would make up this committee or does the committee already exist?

REPRESENTATIVE GARNET F. COLEMAN: The committee already exists. Who makes up the committee are physicians, patients, individuals that are AIDS providers and prevention providers. And these are the folks who make up the committee, who make sure the medications are the appropriate medications for the people who need them, and that's the formulary isn't changed in such a way that we spend more money and have less affect or good outcome, and that we are buying the appropriate drugs that keep people alive.

REPRESENTATIVE WARREN CHISUM: So, at the end of the day, your hope is that we will work with the formulary that doesn't cost the state anymore money, but has better outcome?

REPRESENTATIVE GARNET F. COLEMAN: That is correct, representative Chisum. That's absolutely correct.

REPRESENTATIVE WARREN CHISUM: Okay. Thank you.

REPRESENTATIVE DENNIS BONNEN: Question occurs on passage -- Question occurs on passage of House Bill 2229 to engrossment. Record vote has been requested. Record vote is granted. Clerk will please ring the bell. Showing Representative Hancock voting aye. Showing Representative Kolkhorst voting aye. Show Representative Laubenberg voting aye. Representative Geren voting aye. Representative Miles voting aye. Representative Bonnen voting aye. Representative Jackson voting aye. Have all voted? Have all voted? There being 104 ayes, 36 nays, 2 present not voting, 8 absent; House Bill 2229 passes to third reading. Chair recognizes Representative Flynn to call up House Bill 74, with an amendment.

REPRESENTATIVE DAN FLYNN: Thank you Mr. Speaker. Members, I will call up House Bill 74 with a Senate amendment.

REPRESENTATIVE DENNIS BONNEN: Chair lays out House Bill 74.

CLERK: HB74 by Flynn. Relating to persons authorized to control the disposition of the remains of certain members of the United States Armed Forces.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: Members, this Senate amendment just clarifies some of the words we had on our original House Bill, and we concur with them. I move passage.

REPRESENTATIVE DENNIS BONNEN: Question occurs on concurring with House Bill 74 and the Senate amendment. Is there any objection? Chair hears none. Members, we need a record vote on concurring on Senate amendment to House Bill 74. The clerk will ring the bell. Have all voted? Have all voted? There being 145 ayes, 0 nays, 1 present not voting, 4 absent; House Bill 74 is finally passed. Chair recognizes Representative Jackson on SCR48.

REPRESENTATIVE JIM JACKSON: Mr. Speaker, members, I move to suspend all necessary rules to Senate Concurrent Resolution to make corrections, and the resolution sent to the governor. And it simply says -- changed the word facts to aware of the acts -- I mean aware of the facts to aware of the acts. So move.

REPRESENTATIVE DENNIS BONNEN: Chair lays out SCR48. The clerk will read the resolution.

CLERK: SCR48 by Harris. Recalling S.B. No. 785 from the governor for clerical correction to the Senate in instructing the roiling clerk of the Senate to make corrections to the bill.

REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Jackson.

REPRESENTATIVE JACKSON: Move passage.

REPRESENTATIVE DENNIS BONNEN: Members, this is a corrective resolution. We need a record vote. The clerk will please ring the bell. Have all voted? Have all voted? There being 147 ayes, 0 nays, 2 present not voting, 1 absent; the corrective amendment is passed. Members, the Speaker's desk is clear. We have some motions and some announcements, but after that we are done for the day. Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. Members, the Public Health Committee -- if you could listen up just one moment? I request permission for the Committee on Public Health to meet while the House is in session during the reading and referral of bills, today, April 26th, 2011, in 1W.14, which is the Ag Museum, to consider pending business.

REPRESENTATIVE DENNIS BONNEN: Members, you heard the motion for the Public Health Committee to meet. Is there any objection? The Chair hears none. Permission to meet is granted. Chair recognizes Representative Jackson.

REPRESENTATIVE JIM JACKSON: Mr. Speaker, members, I request the permission of the House for the Committee on Civil Jurisprudence to meet while the House is in session during the reading and referral of bills today, April 26th, 2011, in 3W.9 to consider pending business.

REPRESENTATIVE DENNIS BONNEN: Members, the permission to meet for Representative Jackson's committee. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Smith of Harris to talk about environmental regulation.

REPRESENTATIVE WAYNE SMITH: Thank you. I request the Committee on Environmental Regulation to meet while the House is in session during reading and referral of bills today, April 26th, 2011, in room E.016 to consider items previously posted.

REPRESENTATIVE DENNIS BONNEN: Members, you heard the request for permission to meet for the Environmental Regulation Committee. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Raymond of Webb.

REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker. I request permission for the Committee on Human Services to meet while the House is in session during reading and referral of bills today, April 26th, 2011, at E2.030 to consider posted agenda.

REPRESENTATIVE DENNIS BONNEN: Members, you heard the motion for the permission to meet. Is there any objection? The Chair hears none. Permission to meet is granted. Chair recognizes Representative Aycock.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, Mr. Speaker. I request permission for the Committee on Public Education to meet while the House is in session during the reading and referral of bills today, April 26th, 2011, in 1 west 14, AG Museum, to consider HB400.

REPRESENTATIVE DENNIS BONNEN: Public Ed, members, that's the permission to meet for that committee. Is there any objection? Chair hears none. Public Ed can meet. Chair recognizes Ms. Truitt to make a motion.

REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker. Members, I request that permission for the Committee on Pensions, Investment and Financial Services meet while the House is in session during the reading and referral of bills today, April the 26th, 2011, in E2.014, to consider the posted agenda. Thank you.

REPRESENTATIVE DENNIS BONNEN: That was Mr. Taylor. Permission to meet for Pensions and Investments. Is there any objections? Chair hears none. Pensions and Investments will be meeting. Chair recognizes Chairman Cook.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker. I request permission for the Committee on State Affairs to meet while the House is in session during reading and referral of bills today, April the 26th, 2011, in 3W15 to consider pending business.

REPRESENTATIVE DENNIS BONNEN: Members, permission to meet, State Affairs. Any objection? Chair hears none. State Affairs will be meeting. Chair recognizes Chairman Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, I move to suspend the five day posting rule and all necessary rules to allow the Committee on Criminal Jurisprudence to hear House Bill 605 by Representative Farrar today, April 26th, in the Reagan Room, room 120.

REPRESENTATIVE DENNIS BONNEN: Members, you heard the motion to suspend the rules. Is there any objection? The Chair hears none. The rules are suspended. The Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. I request permission for the Committee on Criminal Jurisprudence to meet while the House is in session during the reading and referral of bills, today, April 26th, in the Reagan Room, room 120, to consider pending business.

REPRESENTATIVE DENNIS BONNEN: Permission for the Committee on Criminal Jurisprudence. Is there any objection? Chair hears none. Criminal Jurisprudence will be meeting immediately. Chair recognizes Chairman Pitts.

REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to suspend the 5 day posting rule to allow the Committee on Appropriations to consider HB1910 at 7:00 a.m. on April 28th, 2011, in room E1030.

REPRESENTATIVE DENNIS BONNEN: Members, this is for permission to suspend the posting rule on Appropriations in about two days. Is there any objection? Chair hears none. Appropriations will be meeting in a couple of days. Following announcements. Clerk will read the announcements.

CLERK: The Committee on Human Services will meet during the reading and referral of bills on April 26th, 2001, at E2.030. This will be a public hearing to consider posted agenda. The Committee on Environmental Regulation will meet during the reading and referral of bills on April 26th, 2011, at E2.016. This will be a public hearing to consider the posted agenda. The Committee on Public Health will meet during the reading and referral of bills on April 26th, 2011, at 1W.14 in the Agricultural Museum. This will be a formal meeting to consider pending business. The Committee on Judiciary and Civil Jurisprudence will meet during the reading and referral of bills today, April 26th, 2011, at 3W.9. This will be a formal meeting to consider pending business. The Committee on State Affairs will meet during the reading and referral of bills on April 26th, 2011, in 3W.16. This will be a formal meeting to consider pending business. The Committee on Public Education will meet during the reading and referral of bills today, April 26th, 2011, at 1W.14 at the Agricultural Museum. This will be a formal meeting to consider HB400. The Committee on Jurisprudence will meet during the reading and referral of bills on April 26th, 2011, at JHR120. This will be a public hearing to consider HB605 by Farrar and previously posted agenda. The Committee on Pensions, Investments and Financial Services will meet during the reading and referral of bills today, April 26th, 2011, at E2.014. This will be a public hearing to consider the posted agenda. The Committee on Appropriations will meet at 7:00 a.m. on April 28th, 2011, at E1.030. This will be a public hearing to consider HB1910 and previously posted agenda.

REPRESENTATIVE DENNIS BONNEN: Madam Doorkeeper?

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

REPRESENTATIVE DENNIS BONNEN: Not at this time. Representative Taylor for an announcement.

REPRESENTATIVE VAN TAYLOR: Thank you, Mr. Speaker. The Republican Caucus will be meeting in the morning at 9:30 a.m. in the Reagan Room, room 120. Public Caucus at 9:30 in the morning. Thank you.

REPRESENTATIVE DENNIS BONNEN: Very exciting. Representative Walle for an announcement.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. I just wanted to remind the House the Democratic Caucus will meet upon adjournment at the Texas AFLCIO office.

REPRESENTATIVE DENNIS BONNEN: Is that during reading and referral of bills? During reading and referral of bills. Representative Isaac?

REPRESENTATIVE JASON ISAAC: Thank you, Mr. Speaker and members, I have a very important message regarding redistricting. Okay. Great. Now that I have your attention, it's actually regarding recycling. If you would please leave all the paper that you have on your desk and I'll come around and pick it up. My boys have a recycling competition at school tomorrow, so I'll be coming around and stealing all the paper at your desk. Thank you.

REPRESENTATIVE DENNIS BONNEN: Please leave all your confidential information at your desk. Representative Turner has an announcement.

REPRESENTATIVE SYLVESTER TURNER: The Legislative Black Caucus will be meeting tomorrow morning at 10:00 a.m., and I will let you know exactly where that will take place. But the Legislative Black Caucus will be meeting tomorrow morning at 10:00. Thanks.

REPRESENTATIVE DENNIS BONNEN: 10:00 a.m? 10:00 a.m. tomorrow morning. Chair recognizes Representative Smithee.

REPRESENTATIVE JOHN SMITHEE: Thank you. Mr. Speaker and members, I would request permission of the House for the Committee on Insurance to meet during the reading and referral of bills today, April 26th, 2011, in E2026, to consider the posted agenda.

REPRESENTATIVE DENNIS BONNEN: Members, you have heard the request for permission to meet for the Insurance Committee. Is there any objection? The Chair hears none. The Insurance Committee will be meeting immediately. Clerk will read the announcement.

CLERK: The Committee on Insurance will meet during the reading and referral of bills on April 26th, 2011, at E2.026. This will be a public hearing to consider posted agenda.

REPRESENTATIVE DENNIS BONNEN: Madam Doorkeeper?

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

REPRESENTATIVE DENNIS BONNEN: Admit the messenger with all the House Bills.

MESSENGER: Thank you. Mr. Speaker, I'm directed by the Senate to inform the House that the Senate has taken the following action, the Senate has passed the following measures: SB1717 by Duncan. Relating to the operation and administration of the judicial branch of state government. Respectfully, Patsy Spaw, Secretary of the Senate.

REPRESENTATIVE DENNIS BONNEN: What's the last one say? Does the last one start with an S or an H?

MESSENGER: SB1717.

REPRESENTATIVE DENNIS BONNEN: Thank you. Members, the Speaker's desk is clear. Any announcements? Representative Truitt moves that the House stand adjourned pending the reading and referral of bills until 10:00 a.m. tomorrow, in memory of Representative Truitt -- Representative Truitt's nephew, Casey Dawn Denman of Dennis, who passed away April the 21st, 2011. The following bills on first reading and referral?

CLERK: HR1468 by Margo. In memory of Roy Franklin Lewis of El Paso. To rules and resolutions. HR1469 by Margo. In memory of Igor Kaleri of El Paso. To rules and resolutions. HR1470 by Carter. Honoring Officer Jason Voelz of the Garland Police Department for his public service. To rules and resolutions. HR1471 by Carter. Honoring Lieutenant Colonel Michael D. Hess for his service to Texas and the United States. To rules and resolutions. HR1472 by Hughes. Honoring Gail Green of Tyler for her service to U.S. Senator Phil Gramm and U.S. Senator John Cornyn. To rules and resolutions. HR1473 by Hughes. Congratulating Colby Nichols of Quitman on his receipt of the FFA Lone Star Farmer degree. To rules and resolutions. HR1474 by Hughes. Honoring Cody Olsen of Winnsboro High School on his selection as a 2011 Texas All-State Band member. To rules and resolutions. HR1475 by Hughes. Honoring Josh Hooks of Winnsboro High School on his selection as a 2011 Texas All-State Band member. To rules and resolutions. HR1476 by Hughes. Honoring Stephanie Parris of Winnsboro High School on her selection as a 2011 Texas All-State Band member. To rules and resolutions. HR1477 by Hughes. Congratulating John Callison of Mineola High School on his receipt of the 2010 Teacher of the Year award from the Mineola Chamber of Commerce. To rules and resolutions. HR1478 by Hughes. Congratulating Gayland Howell on his receipt of the 2010 Man of the Year and B. R. Short Community Spirit awards from the Mineola Chamber of Commerce. To rules and resolutions. HR1479 by Hughes. Congratulating Ann Alotto on her receipt of the 2010 Woman of the Year and Humanitarian of the Year awards from the Mineola Chamber of Commerce. To rules and resolutions. HR1480 by Hughes. Congratulating Ronnie and Vicki Buchanan of Hallsville on their 50th wedding anniversary. To rules and resolutions. HR1481 by Hughes. Congratulating Deputy Sam Threadgill on being named the 2010 Officer of the Year for Wood County. To rules and resolutions. HR1482 by Hughes. Congratulating Gay Smith Hill of Golden on being named Mrs. Wood County International of 2011. To rules and resolutions. HR1484 by Veasey. In memory of former Fort Worth Independent School District assistant athletic director Gerald Beal. To rules and resolutions. HR1486 by Solomons. Recognizing November 7-11, 2011, as Municipal Courts Week in Texas. To rules and resolutions. HR1487 by Pena. In memory of Jorge Saenz of Elsa. To rules and resolutions. HR1488 by Nash. In memory of Lawrence Alvin Allen, Sr., of Houston. To rules and resolutions. HR1489 by Nash. Commemorating the 50th anniversary of Six Flags Over Texas in Arlington. To rules and resolutions. HR1491 by Flynn. Congratulating Amanda Rucker of Grand Saline High School on her selection as MVP of the 8th Annual Azalea Orthopedics All-Stars Basketball Game. To rules and resolutions. HR1492 by Flynn. Congratulating Leetta Goolsby of Hawk Cove on the city park being named in her honor. To rules and resolutions. HR1493 by Zedler. Honoring Lou Spiegel on her retirement as associate superintendent for business and governmental relations of the Mansfield Independent School District. To rules and resolutions. HR1494 by Zedler. Honoring Gale Moericke for his service on the Mansfield Independent School District Board of Trustees. To rules and resolutions. HR1495 by Zedler. Honoring Scott Snow for his service on the Mansfield Independent School District Board of Trustees. To rules and resolutions. HR1496 by Gallego. In memory of Jose De Jesus Sanchez of Presidio. To rules and resolutions. HR1497 by Gallego. In memory of Willard Lowell Hendershott of Alpine. To rules and resolutions. HR1498 by Gallego. In memory of Debra Ann Sontag of Del Rio. To rules and resolutions. HR1499 by Gallego. In memory of Robert Paul McFarland of Alpine. To rules and resolutions. HR1500 by Gallego. Commemorating the 110th anniversary of Sacred Heart Catholic School in Del Rio. To rules and resolutions. HR1501 by Gallego. In memory of Fred Shely. To rules and resolutions. HR1502 by Gallego. In memory of Olivia Vallejo Calderon. To rules and resolutions. HR1503 by Gallego. In memory of Francisco "Pancho" Romero Leyva of Alpine. To rules and resolutions. HR1504 by Gallego. In memory of Virginia Loraine Baker of Alpine. To rules and resolutions. HR1505 by Gallego. In memory of Alberto E. Brito of Presidio. To rules and resolutions. HR1506 by Hardcastle. Recognizing the Texas A&M University Agricultural and Natural Resources Policy Internship Program and Public Policy Internship Program and the interns for the 82nd legislative session. To rules and resolutions. HR1507 by Marquez. Recognizing El Paso Tejano rap group Lower Valley Tres for its song "I Love My City". To rules and resolutions. HR1508 by Parker. Congratulating the boys' basketball team of Marcus High School in Flower Mound on winning the 2010-2011 UIL 5A state championship and on being named the number one team in the country. To rules and resolutions. HR1509 by Woolley. Congratulating Jerry Johnston Andrew of Houston on the honor she received from The Institute for Rehabilitation and Research Foundation and TIRR Family. To rules and resolutions. HR1510 by Miles. In memory of Glenda Purham-Brown of Houston. To rules and resolutions. HR1511 by Taylor of Galveston. Commemorating the inaugural session of the American Baptist Southeast District Association at Greater New Hope Missionary Baptist Church of League City. To rules and resolutions. HR1512 by Patrick. Honoring Teach For America founder and native Texan Wendy Kopp. To rules and resolutions. HR1513 by Martinez Fischer. Commemorating the Second Annual Cinco de Mayo BBQ Cook-Off and Fiesta in San Juan. To rules and resolutions. HR1514 by Farrar. Commemorating the 2011 Cinco de Mayo celebration at Eugene Field Elementary School in Houston. To rules and resolutions. HR1515 by Martinez. In memory of William Summers of Weslaco. To rules and resolutions. HR1516 by Anderson. Congratulating Eloise Holder of Waco on her 90th birthday. To rules and resolutions. HR1517 by Anderson. Congratulating Lyndsi Fallin Massie Sykora and Dustin Ray Sykora on their wedding. To rules and resolutions. HR1518 by Anderson. Congratulating the members of the Heart of Texas Volleyball Institute 12-and-under team on winning the Austin Sports Center No. 3 Tournament. To rules and resolutions. HR1519 by Anderson. Congratulating Shannon Marie Sutton Goss and Christopher Steven Goss of Waco on their wedding. To rules and resolutions. HR1520 by Gooden. Congratulating Rebecca Leigh Rowe of Wills Point on her receipt of the Girl Scout Gold Award. To rules and resolutions. HR1483 by Vo. Endorsing the inclusion of Taiwan in the United States Visa Waiver Program. To rules and resolutions. SB54 by Zaffirini. Relating to certification to teach public school students who have visual impairments. To public education. SB89 by Lucio. Relating to summer nutrition programs provided for by school districts. To agriculture and livestock. SB120 by Uresti. Relating to requiring dental support for a child subject to a child support order. To judiciary and civil jurisprudence. SB127 by Patrick. Relating to the establishment, operation, and funding of charter schools. To public education. SB162 by Shapiro. Relating to developing a developmental education plan for students entering public institutions of higher education. To higher education. SB198 by West. Relating to exempting persons who are convicted of certain sexual offenses from registering as a sex offender in this state. To criminal jurisprudence. SB226 by Nelson. Relating to reporting individual student performance on a physical fitness assessment instrument to the Texas Education Agency. To public education. SB233 by Deuell. Relating to the creation of the Rowlett Pecan Grove Management District; providing authority to impose a tax, levy an assessment, and issue bonds. To urban affairs. SB234 by Deuell. Relating to the creation of the Rowlett Downtown Management District; providing authority to impose a tax, levy an assessment, and issue bonds. To urban affairs. SB252 by Jackson. Relating to procedures relating to the issuance and renewal of, and certain notice requirements associated with, certain deer permits. To culture, recreation, and tourism. SB291 by Watson. Relating to an alcohol awareness component of the science curriculum used in public schools. To public education. SB295 by Watson. Relating to the definition of emergency services personnel for purposes of the enhanced penalty prescribed for an assault committed against a person providing emergency services. To criminal jurisprudence. SB375 by Wentworth. Relating to categories of information presumed to be public and certain exceptions from required disclosure under the public information law. To state affairs. SB378 by Hegar. Relating to the date by which a pest management zone or cotton grower may request an extension of the cotton stalk destruction deadline. To agriculture and livestock. SB407 by Watson. Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. To criminal jurisprudence. SB412 by West. Relating to payment of costs of improvements of a public improvement district designated by a municipality or county. To county affairs. SB442 by Wentworth. Relating to notice by a governmental entity regarding certain geospatial data products. To technology. SB469 by Nelson. Relating to the collection of unpaid tolls by a regional tollway authority. To transportation. SB511 by Van de Putte. Relating to the designated doctor's examination under the Workers' Compensation system. To state affairs. SB550 by Eltife. Relating to the required public notice of the names of a certain number of finalists for the position of superintendent of a public school district. To public education. SB554 by Carona. Relating to contracts between dentists and health maintenance organizations or insurers. To insurance. SB577 by Duncan. Relating to the use of facsimile signatures for certain documents involving certain municipalities. To urban affairs. SB601 by Rodriguez. Relating to the authority of the El Paso County Hospital District to employ and commission peace officers. To county affairs. SB602 by Rodriguez. Relating to allowing a governmental body to redact certain personal information under the public information law without the necessity of requesting a decision from the attorney general and the calculation of certain deadlines under the public information law. To county affairs. SB609 by Rodriguez. Relating to the exemption of certain property from municipal drainage service charges and from related ordinances, resolutions, and rules. To natural resources. SB613 by Rodriguez. Relating to educational requirements for licensing as a speech-language pathologist or audiologist. To public health. SB660 by Hinojosa. Relating to the review and functions of the Texas Water Development Board, including the functions of the board and related entities in connection with the process for establishing and appealing desired future conditions in a groundwater management area. To natural resources. SB711 by Jackson. Relating to the confidentiality of certain identifying information regarding students of career schools or colleges and other educational entities. To economic and small business development. SB768 by Watson. Relating to the creation of the Rio de Vida Municipal Utility District No. 1; providing authority to impose a tax and issue bonds. To urban affairs. SB773 by Zaffirini. Relating to telecommunications service discounts for educational institutions, libraries, hospitals, and telemedicine centers. To state affairs. SB810 by Hinojosa. Relating to the boundaries of the Ingleside Cove Wildlife Sanctuary. To culture, recreation, and tourism. SB820 by Harris. Relating to a court order for the possession of or access to a child under three years of age. To judiciary and civil jurisprudence. SB821 by Watson. Relating to the authority of the Travis County Healthcare District to make capital or financial contributions to certain public institutions or charitable organizations. To county affairs. SB833 by Uresti. Relating to the election of the board of directors of the Crockett County Water Control and Improvement District No. 1. To natural resources. SB844 by Patrick. Relating to the offense of escape from custody by a person lawfully detained. To criminal jurisprudence. SB847 by Patrick. Relating to the authority of certain hospital districts to contract for the performance of administrative functions and services. To county affairs. SB860 by Rodriguez. Relating to the authority of the El Paso County Hospital District to appoint, contract for, or employ physicians, dentists, and other health care providers. To county affairs. SB866 by Huffman. Relating to the education of public school students with dyslexia, the education and training of educators who teach students with dyslexia, and the assessment of students with dyslexia attending an institution of higher education. To public education. SB896 by Estes. Relating to the issuance of specialty license plates to certain family members of a person who dies while serving in the United States armed forces. To defense and veterans affairs. SB910 by Lucio. Relating to certain state attorneys called into active duty military service. To defense and veterans affairs. SB913 by Estes. Relating to the transmission of records regarding over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine and a person's civil liability for certain acts arising from the sale of those products. To homeland security and public safety. SB916 by Wentworth. Relating to ad valorem tax lien transfers. To ways and means. SB917 by Wentworth. Relating to emergency service districts. To county affairs. SB942 by Watson. Relating to the creation and financing of the Lakeway Regional Medical Center Defined Area in Travis County Water Control and Improvement District No. 17; providing authority to impose a tax and issue bonds. To natural resources. SB943 by Carona. Relating to the classification, use, and regulation of electric energy storage equipment or facilities. To state affairs. SB958 by Wentworth. Relating to the regulation of dangerous wild animals. To culture, recreation, and tourism. SB977 by Hinojosa. Relating to the imposition and use of the municipal hotel occupancy tax by certain eligible central municipalities. To ways and means. SB982 by Carona. Relating to the authority of the Public Utility Commission of Texas in relation to extended service areas and toll-free local calling areas. To state affairs. SB984 by Carona. Relating to the elimination of certain tariff filing requirements for telecommunications providers. To state affairs. SB985 by Carona. Relating to the regulation of Voice over Internet Protocol service. To state affairs. SB986 by Carona. Relating to deregulation of certain telecommunications markets and companies. To state affairs. SB990 by Carona. Relating to regulation of high occupancy vehicle lanes operated, managed, or maintained by a regional transportation authority. To transportation. SB993 by Uresti. Relating to certain arrangements to provide care for a child during an investigation of abuse or neglect. To human services. SB1000 by Estes. Relating to the self-directed and semi-independent status of the Texas Real Estate Commission; making an appropriation. To licensing and administrative procedures. SB1001 by Carona. Relating to the practice of certain professions regulated under the Occupations Code. To licensing and administrative procedures. SB1014 by Davis. Relating to the discharge of a prisoner from a county jail. To county affairs. SB1026 by Harris. Relating to the powers and duties of an attorney ad litem appointed for a parent or an alleged father in certain suits affecting the parent-child relationship. To judiciary and civil jurisprudence. SB1030 by Carona. Relating to notice by sign requirement for sexually oriented businesses. To urban affairs. SB1042 by Hegar. Relating to the eligibility of employees convicted of certain offenses to provide services under a contract with a public school. To public education. SB1043 by Watson. Relating to the criminal penalty for the discarding of certain burning materials. To transportation. SB1048 by Jackson. Relating to the creation of public and private facilities and infrastructure. To economic and small business development. SB1054 by Hegar. Relating to notice of acceptance or rejection of an insurance claim. To insurance. SB1065 by Williams. Relating to critical incident stress management and crisis response services. To homeland security and public safety. SB1068 by Ellis. Relating to the lease of certain state parking facilities to other persons. To state affairs. SB1082 by Hegar. Relating to strategic partnerships for the continuation of certain water districts annexed by a municipality. To natural resources. SB1086 by Estes. Relating to the operation by the Department of Agriculture of programs for rural economic development and the marketing and promotion of agricultural and other products grown, processed, or produced in this state. To agriculture and livestock. SB1096 by Rodriguez. Relating to the designation of State Highway 20 as a historic highway. To transportation. SB1100 by Shapiro. Relating to the designation of the Irving Diamond Interchange. To transportation. SB1106 by Harris. Relating to the exchange of confidential information among certain governmental entities concerning certain juveniles. To corrections. SB1109 by Williams. Relating to state agency procurement and the comptroller's procurement powers and duties. To state affairs. SB1134 by Hegar. Relating to the issuance of permits for certain facilities regulated by the Texas Commission on Environmental Quality. To energy resources. SB1140 by Watson. Relating to payment by a water control and improvement district for certain damages caused by the district's operation of a sanitary sewer system. To natural resources. SB1147 by Duncan. Relating to the nonsubstantive revision of certain local laws concerning special districts, including conforming amendments. To natural resources. SB1157 by Uresti. Relating to the certification of the state's primary standards of weights and measures. To agriculture and livestock. SB1168 by Carona. Relating to the repeal of the certification process for personnel service owners and the regulation of personnel services. To licensing and administrative procedures. SB1169 by Carona. Relating to the regulation of providers, administrators, and sellers of service contracts and identity recovery service contracts. To licensing and administrative prodedures. SB1170 by Carona. Relating to the regulation of barbers and cosmetologists. To licensing and administrative procedures. SB1179 by Nelson. Relating to the elimination of certain required reports prepared by state agencies and institutions of higher education and other obsolete provisions of law. To government efficiency and reform. SB1217 by Estes. Relating to an excavator's duty to notify a notification center before excavating. To state affairs. SB1229 by Eltife. Relating to the registration with the Texas Department of Insurance of certain contract examiners. To insurance. SB1233 by West. Relating to the promotion of efficiencies in and the administration of certain county services and functions. To county affairs. SB1243 by West. Relating to the use of a county risk management pool by certain county and district officers instead of the execution of bonds and to the authority of certain counties and intergovernmental pools to require reimbursement for punitive damage coverage. To county affairs. SB1244 by Carona. Relating to the licensing and regulation of air conditioning and refrigeration contractors and contracting companies. To licensing and administrative procedures. SB1250 by Lucio. Relating to the applicability of certain restrictions on the location and operation of concrete crushing facilities. To environmental regulation. SB1251 by Gallegos. Relating to the board of directors of the Greater East End Management District. To county affairs. SB1255 by Estes. Relating to the employment of physicians by certain municipal hospital authorities. To urban affairs. SB1258 by Duncan. Relating to the disposal of demolition waste from abandoned or nuisance buildings in certain areas. To environmental regulation. SB1269 by Wentworth. Relating to transportation, lodging, and meals offered to and accepted by public servants. To elections. SB1271 by Duncan. Relating to alternative dispute resolution systems established by counties. To judiciary and civil jurisprudence. SB1272 by Eltife. Relating to tuition rates and formula funding for certain nonresident students enrolled at Texas A&M University--Texarkana. To higher education. SB1281 by Watson. Relating to certain violations of and offenses under The Securities Act; providing penalties. To pensions, investments, and financial services. SB1300 by Jackson. Relating to insurer restrictions regarding repair of a motor vehicle covered under an insurance policy. To insurance. SB1303 by West. Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. To government efficiency and reform. SB1311 by Lucio. Relating to the designation of certain highways as part of the Purple Heart Trail. To transportation. SB1327 by Watson. Relating to the confidentiality of information obtained by a compliance office of an institution of higher education. To higher education. SB1338 by Eltife. Relating to the membership, powers, and duties of the State Preservation Board. To state affairs. SB1352 by Watson. Relating to the lease of property or hospital facilities by certain hospital districts. To county affairs. SB1353 by Eltife. Relating to certain claims against persons licensed as real estate brokers and salespersons. To licensing and administrative procedures. SB1353 by Estes. Relating to the repeal of certain laws regulating the registration of animal tattoo marks with the Department of Public Safety of the State of Texas. To agriculture and livestock. SB1357 by Estes. Relating to the redemption and impoundment of estrays to agriculture and livestock. SB1364 by Lucio. Relating to authorizing certain border counties and municipalities in those counties to regulate land development. To border and intergovernmental affairs. SB1378 by Nichols. Relating to the authority of the Alabama-Coushatta Indian Tribe to commission peace officers. To homeland security and public safety. SB1400 by Patrick. Relating to the regulation of certain private security companies and occupations to. Homeland security and public safety. SB1432 by Carona. Relating to the operation of the Texas Windstorm Insurance Association and to the resolution of certain disputes concerning claims made to that association. To business and commerce. SB1442 by Shapiro. Relating to the application requirements for a local project permit. To land and resource management. SB1492 by Uresti. Relating to the election of directors of the Real-Edwards Conservation and Reclamation District. To natural resources. SB1496 by Uresti. Relating to the scope and validity of correction instruments in the conveyance of real property. To business and industry. SB1521 by Uresti. Relating to the distribution of money appropriated from a municipal court building security fund. To criminal jurisprudence. SB1568 by Estes. Relating to shareholder standing after a merger. To business and industry. SB1598 by Carona. Relating to the inspection of portable fire extinguishers. To insurance. SB1635 by Davis. Relating to contributions to the fund for veterans' assistance. To defense and veterans affairs. SB1680 by Ellis. Relating to certain evidence in a prosecution of fraud or theft involving Medicaid or Medicare benefits and to certain criminal procedures involving offenses in general. To criminal jurisprudence. SB1732 by Van de Putte. Relating to authorizing the adjutant general to operate post exchanges on state military property. To defense and veterans affairs. SB1744 by Eltife. Relating to the certification of a certified capital company. To economic and small business development. SB1752 by Uresti. Relating to confidentiality of certain Class C misdemeanor records related to the conviction of a child. To criminal jurisprudence. SB1788 by Patrick. Relating to the development of a model individualized education program form by the Texas Education Agency. To public education. SB1886 by Deuell. Relating to the Fannin County Juvenile Board. To corrections. SJR37 by Van de Putte. Proposing a constitutional amendment to change the length of the unexpired term that causes the automatic resignation of certain elected county or district officeholders if they become candidates for another office. To elections.

REPRESENTATIVE JASON ISAAC: Members, the House stands adjourned until 10:00 a.m. tomorrow morning.

(The House stands adjourned.)