REPRESENTATIVE JOE STRAUS: The House will come to order. Members, please register. Have all registered? Have all members registered? Show Mr. Raymond present. Have all registered? Quorum is present. The House and gallery please rise for the invocation. Chair recognizes Representative Frullo to introduce the Pastor of the Day.
REPRESENTATIVE JOHN FRULLO: Good morning, Mr. Speaker and members. It's good to see smiling faces since we left earlier this morning. I'm honored to have with us today Dr. Michael Passmore. A native of Oklahoma, Dr. Passmore graduated from Roosevelt School in San Antonio, and began his college education in the same field that most pastors start, marine biology at Texas A&M. Changing majors took him to Phillips University, where he earned his BS in religion and a BS in psychology and a Masters of Divinity in Graduate Seminary. He completed his doctorate ministry study at Vanderbilt University, and is known for his humor, his great stories, he's been a senior pastor at First Christian Church in Lubbock for 18 years. And, of course, I've known him for those 18 years. His wife, Deborah, they have three children. And I would like to have you welcome our Pastor of the Day, Dr. Michael Passmore. Pastor: Thank you very much. And will you pray with me? Gracious God, we are grateful that we live in this land where the cotton grows and the wind blows and the oil flows. We acknowledge that this land, and the cattle on the thousands of hills, are yours, and that we are yours. We know that your ways are higher than our ways, and that we are to love you with heart, soul, mind and strength. We pray that the work we accomplish today will reflect that love by using our minds as well as our hearts. May the people we represent be strengthened by our attention to the legislative work we are called to perform. Make us aware of your abiding presence and, Lord, please bring us some rain. These things we pray in the spirit of the way, the truth and the light. Amen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Geren to lead us in the pledge.
REPRESENTATIVE CHARLIE GEREN: Members and guests, please join me in the Pledge of Allegiance to the flag of the United States and the great State of Texas. [PLEDGE]
REPRESENTATIVE JOE STRAUS: Representative Frullo moves the House dispense with the reading and referral of bills until the end of today's business. Is there objection? Chair hears none. So ordered.
THE CHAIR: The Chair recognizes Representative Hardcastle for an update on wildfires.
REPRESENTATIVE RICK HARDCASTLE: Morning Mr. Speaker and members. We had an awful windy day yesterday, but for the first time in about six weeks we didn't have any new wildfires yesterday. We still have a couple in east Texas that are considered active. We have several in west Texas that are considered active. We're still praying for rain every day. We had four new fires Monday, but they are all under control, and we don't live in Alabama, Tennessee or one of the other southern states that had tornadoes yesterday so, hopefully, we'll get through this week without as much trouble as we had last week. Thank you, Mr. Speaker.
THE CHAIR: Chair recognizes Representative Cook for a motion.
REPRESENTATIVE BYRON COOK: Mr. Speaker, I move to suspend a five day posting rules to allow the Committee on State Affairs to HB 1272, HB 1729, HB 2710, time 30 minutes after final adjournment or recess, today, April 28th, HJR140.
THE CHAIR: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The following announcement. The clerk will read the announcement.
THE CLERK: The Committee on State Affairs will meet 30 minutes after final adjournment or recess, April 28th, 2011; at JHR140. This will be a public hearing to consider HB 1272, HB 1729 and HB 2710.
THE CHAIR: Representative Cook, could you, please -- The Chair recognizes Representative Sheffield for an introduction.
REPRESENTATIVE RALPH SHEFFIELD: Good morning, members. I have a group here from Belle County. Salado, Texas. I'd like to introduce, they are up in the gallery. It's the Leadership Saledo group. Saledo Leadership, will you stand and let us recognize you? Welcome to your House.
THE CHAIR: Chair recognizes Representative Cook for a motion.
REPRESENTATIVE BYRON COOK: Okay. I'm going to try this again. Members, I move to suspend the five-dayle posting rule to allow the Committee on State Affairs to take up and consider HB 1272, HB 1729, HB 2710, 30 minutes after final adjournment or recess, April 28th, 2011. JHR140.
THE CHAIR: Members, you've heard the motion. Is there any objection? None heard. So ordered. Following announcement. The clerk will read the announcement.
THE CLERK: The Committee on State Affairs will meet 30 minutes after final adjournment or recess on April 28th, 2011, at JHR140. This will be a public hearing to consider HB1272, HB1729 and HB2710.
THE CHAIR: The Chair recognizes Representative Davis of Harris.
REPRESENTATIVE SARAH DAVIS: Thank you, Mr. Speaker and members. I move to suspend all necessary rules to take up and consider House Concurrent Resolution 140 commemorating the 70th anniversary of MD Anderson Cancer Center.
THE CHAIR: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Chair lays out the following resolution:
THE CLERK: HCR 140 by Sarah Davis of Harris. WHEREAS, The University of Texas MD Anderson Cancer Center is marking its 70th anniversary in 2011, and this occasion provides an ideal opportunity to recognize the remarkable achievements of this noteworthy institution; and WHEREAS, Over the past seven decades, MD Anderson has served more than 800,000 people, the majority of whom have been Texas residents, and patients in every corner of the world have benefited from medical discoveries at the center; public education and community outreach programs initiated by MD Anderson now reach more than 1.4 million Texans annually and address the needs of those at increased risk for cancer, particularly underserved and minority populations; and WHEREAS, For many years, MD Anderson has received more grants from the National Cancer Institute and conducted more clinical trials to evaluate new treatments than any other institution; the center sets the standard in developing new therapies targeted to the cancer-related genes and proteins associated with each patient's disease; moreover, MD Anderson has expanded the continuum of care beyond diagnosis and treatment of cancer patients to encompass major programs in cancer prevention and to address the special needs of cancer survivors; and WHEREAS, Rising to meet the health care challenges of the 21st century, MD Anderson excels as a degree-granting institution; It awards baccalaureate degrees in eight allied health disciplines and master's and doctoral degrees in biomedical research; more than 85,000 physicians, scientists, nurses, and health care professionals have been trained at the center; and WHEREAS, President John Mendelsohn, M.D., has guided MD Anderson for the past 15 years, building on the strong foundation built by his predecessors, Charles A. LeMaistre, M.D., and R. Lee Clark, M.D.; Dr. Mendelsohn provides inspired leadership to a staff of more than 17,000 dedicated professionals, along with approximately 1,200 hospital volunteers; their efforts are supported by the skillful direction of The University of Texas System Board of Regents, the work of citizen volunteers of The University Cancer Foundation Board of Visitors, and the generosity of thousands of donors; and WHEREAS, Internationally recognized for its excellence, The University of Texas MD Anderson Cancer Center has been named the nation's number one cancer hospital by US News & World Report; the exceptional reputation of this institution is a reflection of its immeasurable contributions to the advancement of medical science and of the outstanding care that has made a positive difference in the lives of hundreds of thousands of patients and their families over the past seven decades; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby commemorate the 70th anniversary of The University of Texas MD Anderson Cancer Center and extend to all those associated with the institution sincere best wishes for continued success in their vital endeavors; and, be it further RESOLVED, That an official copy of this resolution be prepared for The University of Texas MD Anderson Cancer Center as an expression of high regard by the Texas Senate and House of Representatives.
THE CHAIR: Chair recognizes Representative Davis of Harris.
REPRESENTATIVE SARAH DAVIS: Thank you. I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Representative Branch moves to add all member's names. Is there any objection? Chair hears none, so ordered. The Chair recognizes Representative Sarah Davis of Harris.
REPRESENTATIVE SARAH DAVIS: Thank you, Mr. Speaker and members. Again, we are commemorating the 70th anniversary of the MD Anderson Cancer Center today, and I don't believe that there is a member amongst us that has not been touched by the excellent work at MD Anderson Cancer Center, including myself, who has been a patient there since 2008. I am so delighted that we are joined by some very honored guests on the dais today, including President Dr. John Mendelsohn and his amazing wife, Anne. Provost and executive vice president Dr. Raymond De Boise, executive vice president Leon leech and executive vice president and physician in chief Dr. Thomas Burke. So, members, please join me in welcoming them to the Texas House of Representatives as we celebrate the 70th anniversary of MD Anderson Cancer Center.
REPRESENTATIVE EDDIE LUCIO: Mr. Speaker?
THE CHAIR: Representative Lucio, for what purpose?
REPRESENTATIVE EDDIE LUCIO: Mr. Speaker, would the lady yield?
THE CHAIR: Will the lady yield?
REPRESENTATIVE EDDIE LUCIO: For a few comments?
REPRESENTATIVE SARAH DAVIS: Yes.
REPRESENTATIVE EDDIE LUCIO: Representative Davis, I too have had a loved one touched and really taken care of at MD Anderson. My sister who was a Leukemia survivor was there. My family went up there. It's funny how in the blink of an eye everything can change and your whole perspective and your whole priorities change when you have to deal with an issue like that. She was very young when she was first diagnosed with leukemia, and the folks at MD Anderson were amazing. And we are very, very blessed as a state to have that institution right here in our own backyard. And I thank you for bringing them here and honoring them. And I, too, share in your gratitude for what they do. And I ask, Mr. Speaker, if we could add all member's names to the resolution.
THE CHAIR: Thank you, Mr. Lucio. All members' names have been added as for the movement of earlier motion of Representative Branch. And your name has been added as well. The Chair announces the signing of the following in the presence of the House:
THE CLERK: HB 74, HCR 32, HCR 109, HCR 137.
THE CHAIR: Madam Doorkeeper?
DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
THE CHAIR: Admit the messenger.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following actions, the Senate has passed the following measures: Local and Non Contested Calendar, HB 314, Hardcastle (inaudible) relating to the designation of a portion of U.S. Highway 81 as the Corporal David --
THE CHAIR: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules this morning to take up and consider House Resolution 1506.
THE CHAIR: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.
THE CLERK: HR 1506 by Hardcastle. Recognizing the Texas A&M University Agricultural and Natural Resources Policy Internship Program and the Public Policy Internship Program and the interns for the 82nd legislative session.
THE CHAIR: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker. This morning we have in the gallery -- and for those of you that have one of them working in your office, you are welcome to come with me. But this morning we have in the gallery 23 Texas A&M University students that are working to provide us support in our offices, and working on the internship program, which A&M has every session for us. We have a resolution for all of them to take home signed. The amazing part is we get to all stand up here and say something good about the Aggies. You know, they've been here working for the whole session, and some of them are going to get to stay until the end of the session. We appreciate your help. Last night, I guess, was the sign of things to come, because about half of them stayed all night with us last night and they're still here this morning to hear their resolution adopted. So we appreciate your help. Welcome to the real world. Go back and finish your education or you'll end up working in this place from now on. So, Mr. Speaker, with that I move passage.
THE CHAIR: Members, you've heard the motion. All those in favor say, "whoop". The whoops have it. The resolution passes. Representative Anderson moves all names be added. Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN SMITHEE: Mr. Speaker and members, you know, just a few days ago we had the A&M women's team in here, and we're all so proud of those women and that whole program. But, in their own way, these young people have brought just as much credit to Texas A&M University by what they've done in this session. We're proud of them, and we're proud of what they have done. So let me ask one other favor. Let's get them to stand up there so we can recognize them again. We -- This is for you new members that haven't had A&M interns. This is the best, cheapest labor you'll ever get, because they do a wonderful job and they really are dedicated to this job. So if you all will stand up again so we can recognize you.
THE CHAIR: Chair recognizes Representative Anderson.
REPRESENTATIVE RODNEY ANDERSON: Thank you, Mr. Speaker. Members, it's great for these young folks to be here and the true spirit of Aggie land is the spirit of giving, and you all sure exemplify that. And if you all keep that going the rest of your life you're going to be successful in everything you do. And we appreciate the job you've done for us. Thank you.
THE CHAIR: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker. We really do appreciate y'all's work this year. And, you know, I'm not even going to tell an Aggie joke, because the best thing about Aggies, even if they're interns, is if you tell them to do something and they will finish. They do know how to put an end on a project. So we appreciate all your help and especially those of you that stayed last night, just to see how we ended up this morning. We appreciate you working here and being here and wish you all the success in the world in the future. Thank you.
THE CHAIR: Chair recognizes Representative Howard of Travis.
REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker. Members, I wanted to introduce some students from my district who are visiting today from Largo Vista Middle School. They're taking the pre-AP class in Texas history with Ms. Cory Tate, and they're visiting their Capitol to see government in action, which, if you stick around for a while, you will see some things here. So, would y'all please stand so we can welcome you to your Capitol? Thank you for being here.
THE CHAIR: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. It is my pleasure and honor today to introduce a fine group of young people in the gallery from (inaudible) Christian Academy. I believe it is the senior class. Am I correct? Please stand up. And the young man at back, Matt, works for me on Wednesdays. Everybody please give them a warm welcome to your State Capitol and your House of Representatives. I also want to mention that (inaudible) Christian Academy football team were state champions for private schools, we are so proud of them. So, Go Eagles. Thank y'all.
THE CHAIR: Members, this is a memorial resolution. Could you please take your seats? If you have a conversation, take it outside the rail. Chair recognizes Representative Gutierrez. Members, this is a memorial resolution.
REPRESENTATIVE ROLAND GUTIERREZ: Mr. Speaker, members, we resolve to honor and memorialize a very good friend of mine named Ralph Hernandez. If any of you have been to San Antonio and had an opportunity to one of the oldest and largest steak houses in San Antonio, called The Little Red Barn on the south east side of town. Ralph Hernandez was a dear friend of mine and he'll be dearly missed. In 1963 he opened The Little Red Barn with his wife Lily. Together with his daughter he painted a little old meat market, painted all the picnic tables and the whole place is just this beautiful red building on the southeast side of town in my district. He built the 32 tables for the patrons there and, today, that restaurant is the largest steakhouse in San Antonio. It seats 800. He's truly the American dream. Their daughters Sandra, Nancy, Marita, and I know his wife Lily are here. If they could stand up. I think they're up in the gallery. The Little Red Barn Steakhouse grew in size, as I stated earlier, and it now seats 800 people. He was known affectionately as Mr. H. I want to tell you that this man had a heart of gold. He gave to every charity that you could imagine. He sponsored a lot of young up and coming politicians, and he was a very dear friend mine, and he will be greatly missed. And so, to that end, I want to thank the family for coming here. And unfortunately we lost Mr. H this February. But he will not be lost in our hearts and he will be remembered for many years. That's why I chose to do this for you today. And so, members, thank you very much for giving me this opportunity to do this today.
THE CHAIR: Chair lays out the following resolution.
THE CLERK: HR 1065 by Gutierrez. In memory of Rafael Hernandez of San Antonio.
THE CHAIR: The Chair recognizes Representative Gutierrez.
REPRESENTATIVE ROLAND GUTIERREZ: Members, if you'll all join me in standing and moving passage on this resolution?
THE CHAIR: Members, you've heard the motion. This is a memorial resolution. All those in favor please rise. The memorial resolution is unanimously adopted. Representative Anchia moves that members' names be added. Is there any objection? The Chair hears none. So ordered. Chair recognizes Representative Anderson of McClendon.
REPRESENTATIVE RODNEY ANDERSON: Thank you, Mr. Speaker. Members, I'd move to suspend all necessary rules to take up and adopt House Resolution 1516.
THE CHAIR: Chair lays out the following resolution. Clerk will read the resolution.
THE CLERK: HR 1516 by Anderson of McClendon. Congratulating Eloise Holder of Waco on her 90th birthday.
THE CHAIR: Chair recognizes Representative Anderson of McClendon.
REPRESENTATIVE RODNEY ANDERSON: Thank you, Mr. Speaker. It's an honor for me today to help recognize and honor Ms. Eloise Holder of Waco, who celebrated her 90th birthday. And this esteemed Texan has proven herself in her community to be a tremendous asset. And it's an honor for me to tell her happy birthday today. Thank you. Move passage.
THE CHAIR: Members, you've heard the motion. Is there any objection? None heard. So ordered. Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker and members. I move to suspend all necessary rules to take up and consider House Resolution 1070 recognizing September, 2011, as Brain Aneurysm Awareness Month.
THE CHAIR: Chair lays out following resolution. Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolution.
THE CLERK: HR 1070 by Truitt. WHEREAS, An estimated six million people in the United States have an unruptured brain aneurysm, representing nearly one in 50 Americans; and WHEREAS, A brain aneurysm is a weak, bulging spot on the wall of a brain artery, usually between an eighth of an inch to an inch in size, that forms from continuous wear and tear on the arterial walls over an extended period of time; though most aneurysms do not rupture, a ruptured aneurysm is a very dangerous occurrence associated with cerebral hemorrhage, high rates of mortality, and disability; about 40 percent of ruptures are fatal, and of those who survive, about two-thirds will suffer some permanent neurological deficit; and WHEREAS, Most prevalent in people ages 35 to 60, brain Aneurysms can also be found in children; each year, half a million deaths worldwide can be attributed to brain aneurysms, and women are somewhat more likely than men to be at risk; and WHEREAS, Like heart attacks, brain aneurysm ruptures can occur without warning; risk factors include smoking, hypertension drug use, traumatic head injuries, congenital abnormalities, and family history; because of the severity of ruptures, accurate early diagnosis is critical, and it can be performed through noninvasive imaging and screening techniques; unfortunately, too many aneurysms are ignored until it is too late, and misdiagnosis is still all too common, but such organizations as The Brain Aneurysm foundation are doing commendable work to unite the medical community, government, and the public in favor of conducting crucial research minimizing the toll that brain aneurysms take on our society; and WHEREAS, Brain Aneurysm Awareness Month is an effort to call attention to the devastating effects of brain aneurysms, to help educate people about the importance of early detection, and to provide support to those facing treatment and recovery; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize September 2011 as Brain Aneurysm Awareness Month and encourage all Texans to learn more about this serious health matter.
THE CHAIR: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker. Members, if I can have your attention, I'd like to note that joining us on the dais today are Dana Beard, mother of Taylor Mangum* who was only 15 years old when he passed away with a brain aneurysm. And accompanying Dana is their family friend, Jennifer Beau*. Dana's love for her son, for Taylor, is like any other mother's love, Unconditional and forever. And that's what brings her here today. She's been dedicating her time and energy to promoting awareness, education and support for efforts to reduce the incidences of brain aneurysms. It wasn't until the day before her son's death that Dana learned that her son was born with defective arteries in his brain that caused the brain aneurysm and his subsequent death. Although brain aneurysms are most prevalent in people ages 35 through 60, clearly this is something that can affect people of all ages. Through House Resolution 1070 we hope to bring awareness to this very serious health matter. Dana is organizing a state-wide walk, scheduled to take place September the 24th with all the funds going to the Brain Aneurysm Foundation in support of education and awareness. Please help me in showing these two ladies our support in this very important cause. And, Mr. Speaker, I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? None heard. So ordered. Representative Kolkhorst moves to add all members' names. Is there objection? None heard. So ordered. Members, we're about to go on the Congratulatory and Memorial Calendars. The following congratulatory resolutions have been withdrawn: HR 1180, HR 1348, HR 1347, HR 1323 and HR 1418. Chair lays out the following congratulatory resolutions. The clerk will read the resolutions.
THE CLERK: HR 113 by Frullo. Congratulating Kay Cross on her receipt of the Jane O.Burns Award from the YWCA of Lubbock. HR 1185 by Marquez. Congratulating the Mithoff Burton Partners advertising firm in El Paso on its 80th anniversary. HR 1316 by Huberty. Congratulating the Kingwood High School girls' swimming and diving team for winning the UIL 5A state championship. HR 1317 by Huberty. Congratulating Jordan Jones of Kingwood High School on winning two swimming titles at the 2011 UIL 5A State Meet. HR 1320 by Castro. Recognizing Marco Andres Juarez of San Antonio as an honorary page in the Texas House of Representatives on April 13, 2011. HR 1321 by Hilderbran. Commemorating the 100th anniversary of Sanchez Barber Shop and Hair Design Studio in Kerrville. HR 1322 by Flynn. Congratulating Chris and Imogene Bell of Grand Saline on their 50th wedding anniversary. HR 1325 by Harper-Brown. Honoring Kimberly Ventura on her receipt of a 2011 Best of Texas Outstanding Marketing Student Award from the Texas Career & Technology Council. HR 1328 by Morrison. Honoring Beverly Fletcher of Tivoli on her 80th birthday. HR 1329 by Margo. Congratulating Elizabeth Reeves on her selection as Miss Texas Intercontinental 2011. HR 1330 by Margo. Congratulating Betty L. Shuvalov on her retirement from the Texas House of Representatives. HR 1331 by Anderson. Commending the Daughters of the Republic of Texas for their stewardship of the Alamo and calling on all Texans to commemorate the achievement of Texas independence and the creation of the Republic of Texas. HR 1332 by Johnson. Commending Lettie Searles for serving as a Democratic Party precinct Chair in Dallas County. HR 1333 by Johnson. Commending Shannon Bailey for serving as a Democratic Party precinct Chair in Dallas County. HR 1334 by Johnson. Commending Randall Parker for serving as a Democratic Party precinct Chair in Dallas County. HR 1335 by Johnson. Commending Gloria Nightingale for serving as a Democratic Party precinct Chair in Dallas County. HR 1336 by Johnson. Commending Pat Stephens for serving as a Democratic Party precinct Chair in Dallas County. HR 1337 by Johnson. Commending Camile White for serving as a Democratic Party precinct Chair in Dallas County. HR 1338 by Johnson. Commending Michele Flood Luce for serving as a Democratic Party precinct Chair in Dallas County. HR 1339 by Johnson. Commending Betty Carter Hooey for serving as a Democratic Party precinct Chair in Dallas County. HR 1340 by Johnson. Commending Gloria Hogg for serving as a Democratic Party precinct Chair in Dallas County. HR 1341 by Johnson. Commending Brandi Hill for serving as a Democratic Party precinct Chair in Dallas County. HR 1344 by Workman. Commemorating the 30th anniversary of the Austin Waldorf School. HR 1351 by Schwertner. Congratulating Alexander James Tatro on achieving the rank of Eagle Scout. HR 1352 by Schwertner. Congratulating Jonathan Reed White on achieving the rank of Eagle Scout. HR 1353 by Schwertner. Congratulating John Henry "Jack" Schmalstieg IV on achieving the rank of Eagle Scout. HR 1354 by Schwertner. Congratulating Leander City Council member Michell Renee Cantwell on her graduation from The University of Texas. HR 1355 by Schwertner. Congratulating Lewis Shannon Pierce on achieving the rank of Eagle Scout. HR 1357 by Craddick. Congratulating the Reverend Milton Jochetz and Wanda Jochetz of Stanton on their 65th wedding anniversary. HR 1358 by Craddick. Congratulating Dennis and Becky Edwards of Midland on their 40th wedding anniversary. HR 1360 by Murphy. Honoring the Harmony School of Innovation in Houston for its achievements. HR 1362 by Giddings. Congratulating Paul Quinn College on its receipt of the 2011 HBCU of the Year Award. HR 1364 by Truitt. Congratulating Donald J. Hamilton on his receipt of the Bronze Star Medal awarded for his actions in the Vietnam War in 1966. HR 1368 by Lucio III. Congratulating Herbert A. Miller, Jr., of Austin on his receipt of a 2011 Texas Exes Teaching Award. HR 1369 by Howard. Congratulating Alex Crisara and Jahan Rabii of Anderson High School on winning Best in Fair at the 2011 Austin Energy Regional Science Festival. HR 1370 by Howard, Donna. Honoring the students of Grandview Hills Elementary School in Austin for their participation in the Pennies for Peace initiative. HR 1371 by Howard, Donna. Commending the students of Steiner Ranch Elementary School in Austin for their efforts in behalf of the 2011 Students Helping Students, Pay It Forward project. HR 1372 by Pitts. Commending the SkillsNET Foundation for its efforts to improve employability in Texas. HR 1374 by Flynn. Commemorating the dedication of a Texas Historical Marker at Van Common School. HR 1375 by Flynn. Commemorating the dedication of a Texas Historical Marker at Van High School. HR 1376 by Flynn. Commemorating the dedication of a Texas Historical Marker at Swindall School in Van. HR 1378 by Perry. Congratulating Laroy and Connie Hawkins of Lubbock on their 60th wedding anniversary. HR 1379 by Perry. Congratulating Julio and Refugia Camacho of Lubbock on their 50th wedding anniversary. HR 1382 by Anderson, Charles "Doc". Congratulating Ray Biles, head coach of the Lorena High School football team, on winning the 100th game of his career. HR 1383 by Anderson, Charles "Doc". Honoring Father Joseph F. Geleney, Jr., of the Church of St. Mary of the Assumption in Waco on the 10th anniversary of his ordination. HR 1384 by Anderson, Charles "Doc". Congratulating Lorena High School baseball coach Greg Blanchard on winning his 500th game. HR 1385 by Anderson, Charles "Doc". Honoring the Junior League of Waco on the 75th anniversary of its founding. HR 1386 by Raymond. Honoring The University of Texas Community Outreach for its achievements in promoting community-based prevention and control of diabetes and obesity. HR 1387 by Schwertner. Congratulating Greg Bergeron of Georgetown on the occasion of his retirement as Williamson County Unified Road System administrator. HR 1388 by Anderson, Charles "Doc". Congratulating the Lorena Independent School District on its receipt of a 2011 Gold Leadership Circle Award. HR 1392 by Anderson, Charles "Doc". Congratulating the Crawford High School Lady Pirates on winning the 2011 Waco ISD Softball Tournament. HR 1393 by Anderson, Charles "Doc". Honoring Spring Valley Elementary School for winning a 2010 Food for Families Award. HR 1394 by Anderson, Charles "Doc". Commemorating the 2011 Women in Construction Week and commending Waco Chapter No. 14 of the National Association of Women in Construction. HR 1395 by Anderson, Charles "Doc". Congratulating Bryse Ed on earning a Student Leadership Award from The University of Texas Cockrell School of Engineering. HR 1397 by Anderson, Charles "Doc". Congratulating U.S. Army Reserve Specialist Sherica L. Redrick of Waco on qualifying for the 2011 Armed Forces Boxing Championship. HR 1398 by Anderson, Charles "Doc". Honoring Midway High School for winning a 2010 Food for Families Award. HR 1400 by Anderson, Charles "Doc". Honoring Velma Wiethorn of McGregor on her 85th birthday. HR 1408 by Anderson, Charles "Doc". Congratulating Shelby Jurek of Hewitt on being named to the honor roll at Oklahoma State University. HR 1413 by Anderson, Charles "Doc". Congratulating Willie and Mary Youngblood on their 50th wedding anniversary. HR 1415 by Anderson, Charles "Doc". Congratulating the Crawford High School basketball team on its successful 2010-2011 season. HR 1416 by Anderson, Charles "Doc". Congratulating the boys' golf team of Midway High School in Waco on winning third place at the 2011 Marvin Dameron Invitational. HR 1417 by Anderson, Charles "Doc". Congratulating the all-district academic and athletic honorees from the West High School Lady Trojans basketball team. HR 1421 by Sheffield. Congratulating James and Sandy Champ of Little River on their 50th wedding anniversary. HR 1422 by Sheffield. Congratulating Carrol and Blanch Ward of McGregor on their 60th wedding anniversary. HR 1423 by Sheffield. Congratulating David and Betty Hester of Temple on their 50th wedding anniversary. HR 1426 by Hughes. Congratulating the Wild Hog Hunt Committee of the Gilmer Area Chamber of Commerce on receiving that organization's Top Hand Award. HR 1427 by Hughes. Congratulating Henry Troell on his selection as the 2010 Outstanding Citizen by the Gilmer Area Chamber of Commerce. HR 1428 by Hughes. Congratulating Martha Davis on being named the 2010 Educator of the Year by the Gilmer Area Chamber of Commerce. HR 1429 by Hughes. Congratulating Alston Johnson on attaining the rank of Eagle Scout. HR 1430 by Hughes. Congratulating April Fry on representing the Winnsboro Independent School District during the Halftime Spectacular at the 2011 AT&T Cotton Bowl Classic. HR 1431 by Hughes. Congratulating Gary and Lyle Jean Foster of Mineola on their 50th wedding anniversary. HR 1432 by Hughes. Congratulating Shirley Chadwick on her receipt of the Distinguished Lifetime Achievement Award from the Mineola Chamber of Commerce. HR 1433 by Hughes. Congratulating the volunteers of the First United Methodist Church Clothes Closet in Gilmer on receiving the Unsung Hero Award from the Gilmer Area Chamber of Commerce. HR 1434 by Cain. Congratulating Hazel Walker Trammell of Mount Pleasant on the occasion of her 100th birthday. HR 1438 by Lucio, III. Honoring Princell Hair on his achievements as a media executive and welcoming him to Texas. HR 1911 by Johnson. Commemorating the 100th anniversary of the founding of Kappa Alpha Psi Fraternity.
THE CHAIR: Members, question is on the adoption of the congratulatory resolutions read by the clerk. Is there objection? Chair hears none. The resolutions are adopted. Members, we are ready to begin considering the Memorial Calendar. Members, if you have conversations please move your conversations outside the rail. And, members, please be seated for the Memorial Calendar. Mr. Hunter? Chair lays out the following memorial resolutions: Clerk will read the resolutions.
THE CLERK: HCR 139 by Beck. In memory of former Texas secretary of state Myra McDaniel. HR 1304 by Anderson, Charles "Doc". In memory of John Herrington of Moody. HR 1311 by Smith, Wayne. In memory of Dorothy "Dot" Berry of Baytown. HR 1312 by Smith, Wayne. In memory of Baytown community leader Doug Huddle, Jr. HR 1313 by Smith, Wayne. In memory of George H. Ferguson, Jr., of Baytown. HR 1314 by Lozano. In memory of Aurora A. Garza of Kingsville. HR 1319 by Johnson. In memory of Sam Milton Bussey, Jr., of Dallas. HR 1327 by Alonzo. Paying tribute to the life of Selena Quintanilla Perez on April 16, 2012, the 41st anniversary of her birth. HR 1349 by Murphy. In memory of Paul Oliver Naut of Katy. HR 1365 by Truitt. In memory of the Reverend Dr. Kenneth John Diehm of Grapevine. HR 1380 by Bonnen. In memory of Leland B. Kee of Angleton. HR 1381 by Bonnen. In memory of Coach L. Z. Bryan of Lake Jackson. HR 1389 by Anderson, Charles "Doc". In memory of Orvis W. Marrs of Waco. HR 1390 by Anderson, Charles "Doc". In memory of Alinda Marie Fickel of Hewitt. HR 1391 by Anderson, Charles "Doc". In memory of James Gillaspie of Tokio. HR 1396 by Anderson, Charles "Doc". In memory of Juanita M. Jay of Waco. HR 1399 by Anderson, Charles "Doc". In memory of Bernice L. Brooks of Waco. HR 1401 by Anderson, Charles "Doc". In memory of John David Burton of Moody. HR 1402 by Anderson, Charles "Doc". In memory of Patricio T. Escalona, Sr., of Waco. HR 1403 by Anderson, Charles "Doc". In memory of Bruce Washington Dyer, Jr., of Waco. HR 1405 by Anderson, Charles "Doc". In memory of Nathan Andrew Romo of Lorena. HR 1406 by Anderson, Charles "Doc". In memory of Christine Kocian Vanek of West. HR 1407 by Anderson, Charles "Doc". In memory of Doris Lee Breeding Jones of Waco. HR 1409 by Anderson, Charles "Doc". In memory of Scott Rentz of China Spring. HR 1410 by Anderson, Charles "Doc". In memory of Pilar Villegas of Waco. HR 1411 by Anderson, Charles "Doc". In memory of Mary Winzer Hall of Waco. HR 1412 by Anderson, Charles "Doc". In memory of Alvin Dulock of Waco. HR 1414 by Anderson, Charles "Doc". In memory of William E. Nelson, Jr., of Waco. HR 1420 by Sheffield. In memory of the Honorable Hiram Childress of Temple. HR 1436 by Hilderbran. In memory of Emory Chapman Thompson of Austin. HR 1437 by Hilderbran. In memory of Jack Autry Bills of Kerrville.
THE CHAIR: Members, the question is on the adoption of the memorial resolutions. Members, these are memorial resolutions. All in favor, please rise. The memorial resolutions are adopted. That includes our calendars. Thank you, members. Members, we're getting ready to go on the calendar.
THE CHAIR: Mr. Keffer? Chair recognizes Mr. Keffer.
REPRESENTATIVE JOE STRAUS: Chair lays out on second reading SB 655. Clerk will read the bill.
THE CLERK: SB 655 by Hegar. Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission and the transfer of the powers and duties of the Railroad Commission to the Oil and Gas Commission.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES KEFFER: Thank you, Mr. Speaker. The Railroad Commission of Texas serves the state as the primarily regulator of the oil and the -- oil and gas industry. The agency's mission is to ensure the production, safe transportation and fair price of the state's resources with minimum impact to the environment. The Railroad Commission is subject to the Sunset Act, will be abolished September 1st, 2011, unless continued by the Legislature. The Sunset Commission found that Texas has a clear and ongoing need to oversee Texas' oil, gas and other energy resource industries, all vital sectors to the state's economy. However, fundamental changes in the state's current regulatory approach are needed to ensure responsible oversight of the today's oil and gas industry. There are major changes that we will be discussing today with the Railroad Commission. And the number one change is that we're changing the name from the Railroad Commission to the Texas Oil and Gas Commission. Now, there -- From then on, we sort of veer off from where the Senate or the the Sunset process occurred. And we certainly appreciate the Sunset process. We respect greatly the work that was done by the Sunset Committee and the Senate, as we went forward. But, in our study, in our discussions with the stakeholders of the state, we have decided -- and we came up with different ways to do the same thing. And one of the deals was -- One of the issues is that the Sunset recommended us going from abolishing the agency and going from three commissioners to one commissioner. In our research, in our conversations, we have decided to keep the three commission agencies, the way of doing business. But, I want you to understand we're not saying business as usual. We understand the frustration, we understand the angst that some have had with the current make up of the Railroad Commission. And what we have decided is, instead of business as usual, that we will have a chief, that we will have a chair that will have the administrative authority of the Railroad Commission, so there will be a go to person in the Commission, and they will run as chairman of the Commission. It will be an elected spot with that designation. And with the caveat that -- a resigned to run caveat that we felt was important to have, if someone decided to go from the commission to a higher office. And, also, political contribution parameters that would keep, hopefully, the idea, the goal is to give those the opportunity that want to be in a railroad commission, that they will be in the Railroad Commission, that that is their spot, that is their focus, and they won't be looking at higher office when they are sitting in that chair looking for something other to do because we feel that is extremely important. Oil and gas, some love it, some hate it, whatever the case may be here in the State of Texas. But the oil and gas industry is still the fundamental backbone of our economy, and we have to have people in that position that care and that want to be there. We would continue, obviously, the oil and gas -- the the new oil and gas commission, along the twelve year Sunset reign. Also, another large and important change is that we go from a general fund to a fee base, to a -- to a revenue from within the industry to pay for the Oil and Gas Commission, and taking it out of general revenue. That is some of the major changes. Also, the Sunset decided in their bill to remove cases, gas cases, rate cases from the Railroad Commission to SOA. We, again, looking at it, studying it over the four or five month period that we are looking at this, that because of the tradition of the -- over a hundred years of tradition and education, and what we have here in the committee, that we would keep that in the Oil and Gas Commission and not remove it to SOA, as in the original Sunset Bill. That, primarily, is the layout of the bill. And I'm certainly willing to have questions or answer questions best I can.
REPRESENTATIVE JOE STRAUS: Representative Lewis, for what purpose?
REPRESENTATIVE TRYON LEWIS: Mr. Speaker, Mr. Speaker, would the gentleman yield for some questions?
REPRESENTATIVE JOE STRAUS: Mr. Keffer, do you yield?
REPRESENTATIVE JAMES KEFFER: Yes.
REPRESENTATIVE TRYON LEWIS: Thank you, Chairman. Just a few questions. With regard to the number of commissioners -- Now the bill is that you're proposing it to the House today will retain our present system, as we have it, under the Constitution of having three commissioners; is that correct, sir?
REPRESENTATIVE JAMES KEFFER: Right. That is correct.
REPRESENTATIVE TRYON LEWIS: And I'm presuming that some of those reasons would be to prevent any concentration of power or ability of one sort of well-heeled group, maybe to win one election and have all of that power over our industry; is that correct?
REPRESENTATIVE JAMES KEFFER: That is correct.
REPRESENTATIVE TRYON LEWIS: I do notice that also, some -- some of the functions of that commission have to do with adjudicatory functions. In other words, they decide contested issues that are before our oil and gas industry. And do you feel that it's helpful in that sort of situation, where you've got basically an appellate court deciding whether the hearing examiner's recommendation should be kept or not, to have it like a three judge panel just like we do our appellate court.
REPRESENTATIVE JAMES KEFFER: I think that's very important, because -- and it will be brought up, maybe, that there are other agency that have a single commissioner or a single, you know, situation like that that may hold hearings. But in the Railroad or the new Oil and Gas Commission, that actually is not just a state issue. It is sometimes company versus company, where you want to make sure you have that balance of thought, of wisdom of the three commissioners. And even in the Sunset -- Representative Lewis, even in the Sunset version, if those cases go to SOA it still comes back to that one commissioner that would make that final decision. So, again, we are having that concentration of power in this commission. And, again, going back to the importance of the oil and gas industry to our economy, I really feel that the balance is needed and that's why we kept the three.
REPRESENTATIVE TRYON LEWIS: With regard to the hearings, since we're talking about the hearings that go on, and the hearing examiners, as I understand it, and I don't know do any dis-regulatory work -- as I understand it, there is a body of law that's developed over a hundred years inside the commission with regard to oil and gas and variances can be made, different disputes can come up in the industry, and that these hearing examiners inside the -- what's now the Railroad Commission know that knowledge and they know what questions to ask, and they know it's important for the answers to get done soon, because if you're dealing a drilling permit or an answer or something, the answer needs to be done very quickly. And that that was one of the big concerns about moving this to a state bureaucracy, outside of the Railroad Commission. And I just wanted to know if that was in your thoughts as well.
REPRESENTATIVE JAMES KEFFER: Yes, it was. As a matter of fact, the EPA helped us in that regard very succinctly with the range resource issue that we're all very aware of, when the EPA declared an emergency judgment on -- got involved, on an emergency basis, on -- with range resource; when the allegation was that range resource had contaminated underground water. And we were able to -- because of the knowledge, because of the people already in the field, we were able to handle that in a very, very timely manner for range resource and the State of Texas, to come up with a conclusion that it was not a contamination of any drilling that range resource did, but that it was a natural occurring gas pocket that was there and has been there forever in that part of the world. So that really brought up the point of the quickness -- of the credibility of the -- of what they can do already, and not having to go to an outside like SOA. And they are very respected, and certainly I have no problem with that group. But this was able -- We were able to turn that around very quickly because of all the field knowledge that we already had in place.
REPRESENTATIVE TRYON LEWIS: Thank you very much, Chairman. Just one other question, if I might, on the intent. The chairman of the -- of the Texas Oil and Gas Commission will be selected by a vote, but it will be the railroad -- Pardon me, the commissioner who is elected in this next general election, right?
REPRESENTATIVE JAMES KEFFER: Right, right. Yes.
REPRESENTATIVE WALTER PRICE: And as I understand it, there will be two places open, because there's been a resignation there will actually be two commissioners selected at this general election. But I'm taking it from the wording here that the chairman will be -- it will be the position for the full term, not the unexpired term. It will be whoever is elected for the full six-year term, in November 2012 will be the Chair.
REPRESENTATIVE JAMES KEFFER: And it just happens to be that that is the -- Ms. Jones' position coming up, and she is the Chair. And so that will be transferred on to a place on the ballot as Chair.
REPRESENTATIVE TRYON LEWIS: Thank you very much. It's a great bill. Appreciate it.
REPRESENTATIVE EDDIE LUCIO: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Lucio, for what purpose?
REPRESENTATIVE EDDIE LUCIO: Would the gentleman yield for a question?
REPRESENTATIVE JOE STRAUS: Do you yield?
REPRESENTATIVE JAMES KEFFER: Certainly.
REPRESENTATIVE EDDIE LUCIO: First of all, thank you for all the work on this bill and for -- for for bringing it before the House. I know you've been working on a lot of issues and trying to accommodate the philosophical differences as there may be. But I just want to make a few things clear, if I can, actually, in my own head moving forward. When you have a SOA hearing, I think they're trying to propose -- that is strictly an advisory hearing; is that correct? I mean ultimately the decision goes back to the commissioners?
REPRESENTATIVE JAMES KEFFER: That's correct. That's the way I'm understanding the original bill is, that would be just advisory and if the final decision would come back to that one person.
REPRESENTATIVE EDDIE LUCIO: And who pays the attorney's fees in this case? Whenever the attorney's fees for either the utility or for, you know, the cities. Who pays the attorney's fees? Who ultimately? The rate payers do?
REPRESENTATIVE ALLEN FLETCHER: Yes, of course.
REPRESENTATIVE EDDIE LUCIO: So if you add an additional step, like SOA, you are increasing the cost that the rate payers are ultimately having to pay, because we allow them -- we allow the attorneys to recover their fees from the rate payers?
REPRESENTATIVE JAMES KEFFER: Right.
REPRESENTATIVE EDDIE LUCIO: So by -- I understand, you know, some of the concerns with maybe a few decisions that the commission has made, they make decisions based on the number of facts that aren't usually available to us when criticizing those rulings, and the desire to maybe have an off campus adjudicator like SOA. But, however, we -- these are statewide elected officials that we keep accountable, and adding that additional step will ultimately add to the tax base and the taxpayer's cost; bottom line?
REPRESENTATIVE JOHN KUEMPEL: Right.
REPRESENTATIVE EDDIE LUCIO: Thank you.
REPRESENTATIVE JOE STRAUS: Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Keffer.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kuempel.
REPRESENTATIVE JOHN KUEMPEL: The first amendment is amendment by the author to clarify that the commissioner who decides to run for the Chair, because there was some discussion of the three -- if one of the commissioners wants to run for the chairman, if it comes up, that he or she does not have to resign; because it is commissioner spot to commissioner spot, so that he or she would not have to resign their position to run for that -- for that Chair position. And it is acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Keffer sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment. The clerk will read the amendment. It's the amendment on page two.
THE CLERK: Amendment by Keffer.
REPRESENTATIVE JOHN KUEMPEL: And thank you, members. Bear with me. This is a clarification to -- to correct an incorrect citation and a drafting error. And, again, it is -- it is also acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Keffer sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. The amendment on page three. Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Cook.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker and members. This amendment simply does what the Sunset Commission actually recommended. I would like to say that I don't particularly like to be up here advocating in opposition to my good friend, Jim. So I'm really not doing that. What I'm really advocating for is what the Sunset Commission recommended, which is that we abolish the Railroad Commission and create the new Texas Oil and Gas Commission, and that it be headed by a single elected commissioner. How this would actually work is that the governor, as soon as this was enacted, the governor would appoint a single commissioner to serve until the election in 2013, for two years. And then the elected commissioner would line up with all other statewide elected officials and just so you -- so, the members can understand where this -- where we are with respect to other statewide -- this puts us in line with the governor, the lieutenant governor, the general land office, the Ag commissioner, the comptroller; all of these are headed by a single person. And I want to make sure that the membership understands that we had a tremendous amount of testimony on this, and the industry that came before us told us time and time again the trouble that they were having with three elected officials, because the reality of this is with three elected officials nobody is in charge, nobody is in charge. So, we listened -- we listened to the industry. If you looked at how the vote went at the Sunset Commission, there was real unanimity with respect to the fact that we needed to address this a different way. I think it's time to drag the Railroad Commission kicking and screaming into the 21st Century. I think it's extremely important. I think that what they've got to address now has changed rather dramatically, used to -- the oil and gas industry was being done in rural Texas, and now it's being done now right in your backyard. So modernization is extremely important. And that's why I would like to think that the Sunset staff, as well as the members of Sunset Commission were very thoughtful in making this recommendation that we go to a single, elected official and have them be accountable, just like the Ag commissioner is, just like the Land Commissioner is, just like the Comptroller is. We need somebody --
REPRESENTATIVE DENNIS BONNEN: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Bonnen, for what purpose?
REPRESENTATIVE DENNIS BONNEN: Will the gentleman yield for some questions?
REPRESENTATIVE JOE STRAUS: Mr. Cook, do you yield?
REPRESENTATIVE BYRON COOK: I do.
REPRESENTATIVE DENNIS BONNEN: Thank you, let me begin by asking you -- Representative Cook, are you aware of House Bill 1231 from last session?
REPRESENTATIVE BYRON COOK: Go ahead.
REPRESENTATIVE DENNIS BONNEN: Relating to providing that the Railroad Commission of Texas is governed by a single railroad commissioner. Are you aware that the sponsors of that bill were Mr. Fairby, who is not here, Mr. Swinberg, who's also retired, Mr. Smithee, Mr. Strama, Mrs. Crownover, Mr. Chisum, Mr. Hardcastle, Mr. Keffer, and Mr. Otto?
REPRESENTATIVE BYRON COOK: I think they had a great bill.
REPRESENTATIVE DENNIS BONNEN: Was this a significant issue that we dealt with during Sunset?
REPRESENTATIVE BYRON COOK: Absolutely.
REPRESENTATIVE DENNIS BONNEN: Did we find that there was an ongoing problem of railroad commissioners running, during their six-year term, for other positions?
REPRESENTATIVE BYRON COOK: As everybody knows, the railroad commission is a now a launching pad for other opportunities. And part of the problem with that is that, honestly, there's not enough for three. There's really not enough work for three full-time --
REPRESENTATIVE DENNIS BONNEN: How much do -- Mr. Cook, could you enlighten the membership on how much work is being done by the three commissioners at the Railroad Commission?
REPRESENTATIVE BYRON COOK: Well, with respect to these administrative hearings that they have, I'll give you -- In 2006 they had 23 conferences totaling 32 hours, and the average -- the average time spent on the conference was one hour and 26 minutes --
REPRESENTATIVE DENNIS BONNEN: Woah, woah, woah. Representative Cook, so you're telling me that we find it important to keep a three person board panel in place to do 32 hours worth of work in a year?
REPRESENTATIVE BYRON COOK: That's correct. If you looked from 2006 until 2010 they've averaged 33 hours a year. And, you know, 20 plus hearings. So the point is everybody needs to understand that they spend very little time in hearings, very little time. And the reality of the fact with the --
REPRESENTATIVE DENNIS BONNEN: They spend less than one business workweek of a year --
REPRESENTATIVE BYRON COOK: That's correct.
REPRESENTATIVE DENNIS BONNEN: -- in hearings; is that correct?
REPRESENTATIVE BYRON COOK: That is correct.
REPRESENTATIVE DENNIS BONNEN: Did the industry engage -- Well, let me first ask, is it accurate that one of the railroad commissioners commented on the coastal coordination counsel Sunset, but then the commission refused to engage, respond or communicate the officials elected, with Sunset, on the recommendations; is that accurate?
REPRESENTATIVE BYRON COOK: As I recall, they were probably the most unresponsive agency that we reviewed this session.
REPRESENTATIVE DENNIS BONNEN: Do you remember correctly, I think I do, that when we had our hearing on the Railroad Commission, the commissioners showed up, and a couple of them even said that they had a plan, but they just hadn't had time to present it yet. Was that the correct remembrance?
REPRESENTATIVE BYRON COOK: That is correct.
REPRESENTATIVE DENNIS BONNEN: Is it also accurate that the industry, during the Sunset process, which is a year long process, did not express and engage in concern over there being one statewide elected commissioner; is that correct?
REPRESENTATIVE BYRON COOK: Correct.
REPRESENTATIVE DENNIS BONNEN: In fact --
REPRESENTATIVE BYRON COOK: In fact, if you recall, one of the commissioners who did spend time testifying actually advocated, if you remember, Commissioner Keogh actually advocated for a single elected.
REPRESENTATIVE DENNIS BONNEN: I think actually, you are right. The one commissioner who had lost his election had said that there should be one elected commissioner.
REPRESENTATIVE BYRON COOK: Correct.
REPRESENTATIVE DENNIS BONNEN: But isn't it interesting now that the industry is vigorously lobbying against one elected commissioner? And, I in the years I've been here, have never seen an industry vigorously lobby for a situation that they don't know they can continue to control, is that fair?
REPRESENTATIVE BYRON COOK: As a matter of fact, I told one of the industry people, I said why didn't you participate in the Sunset process? Why didn't you come before us and lay these issues out in Sunset, which they didn't. Why are you only now, as this bill is on the floor, taking a position --
REPRESENTATIVE DENNIS BONNEN: Do you really think --
REPRESENTATIVE BYRON COOK: It really undermines -- there's really no reason to have Sunset commission in process if, A, people aren't going participate and, B, we're not going to follow the recommendations of at least laying out a bill that has the Sunset recommendations in them.
REPRESENTATIVE DENNIS BONNEN: Do you find it surprising that the industry would be fearful of losing three uninterested commissioners, who are only worried about raising money from that industry to run for the next position, and not particularly worried about respectfully and intelligently, and with the focus, regulating them; going to one person who would consider it their job, their responsibility and their focus? Could you see an industry fearing that change?
REPRESENTATIVE BYRON COOK: I think that the status quo is perceived as the greatest advantage of the industry. And, as a matter of fact, if we have somebody that's held accountable I think we're going get a much better service for citizens of Texas. And, by the way, for those that are interested in what the savings are, by going to a single elected we will -- we will benefit by 1.2 million dollars a year in budget cuts, because that would that would be the equivalent of 13 FTE's. So from a budget standpoint it is positive to go to one. But, once again, somebody needs to be -- somebody needs to be accountable and that's what we don't have right now.
REPRESENTATIVE DENNIS BONNEN: Representat ive Cook, I want to make sure the members realize the time we spent on the House floor yesterday, simply yesterday, into early this morning, accounted for more than half the time the Railroad Commissioners spend in an entire year in administrative hearing; is that correct?
REPRESENTATIVE BYRON COOK: That's correct. And, once again, if we went to one full-time -- maybe they would actually have full-time jobs and the time being dedicated to working for the citizens of Texas as opposed to running for another office.
REPRESENTATIVE RICK HARDCASTLE: Mr. Speaker? Mr. Speaker? Mr. Speaker, excuse Representative Chisum because of important business in the district, on the motion of Representative Brown. Representative Hardcastle, for what purpose? Would the gentleman yield?
REPRESENTATIVE BYRON COOK: I'd be honored to yield to my deskmate, front deskmate.
REPRESENTATIVE RICK HARDCASTLE: And Mr. Cook, you know, one of the things that you and I both often talk about is the fact when we have to go against each other we don't like it. Being that y'all drug my name into this, anybody realize that we, as the authors of that bill two years ago, pulled that bill down because of the money it was going to cost to do that?
REPRESENTATIVE BYRON COOK: Well, it certainly shouldn't cost any money to make this transition.
REPRESENTATIVE RICK HARDCASTLE: Are you aware that SOA was responsible for resolving Railroad Commission contested cases at one time during the past 30 years?
REPRESENTATIVE BYRON COOK: I'm aware of that, yes.
REPRESENTATIVE RICK HARDCASTLE: Are you aware that this legislative body voted unanimously to put it back to Railroad Commission, because of what was happening, and what was going on over at SOA?
REPRESENTATIVE BYRON COOK: I'm aware that they changed back, yes, sir.
REPRESENTATIVE RICK HARDCASTLE: And this -- It didn't work then, and it won't work now. Are you aware of the cost that it would take to get SOA up to speed on Railroad Commission issues?
REPRESENTATIVE BYRON COOK: You know, I think you've lost me, Rick. And the reason why is because my amendment is going to a single -- is going to a single elected. I think there may be an amendment with respect to whether these contested hearings can go to SOA or not.
REPRESENTATIVE RICK HARDCASTLE: You know, all right. So you're more in favor of a having a king than having a diving board?
REPRESENTATIVE BYRON COOK: I'm more in favor of having somebody in charge and accountable, just like we have at the Ag Department, just like we have at the General Land Office, just like we have at the Comptroller's Office, just like we have at the Lieutenant Governor or Governor.
REPRESENTATIVE WAYNE CHRISTIAN : Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Christian, for what purpose?
REPRESENTATIVE WAYNE CHRISTIAN : Would the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Cook, do you yield?
REPRESENTATIVE BYRON COOK: I'm glad to.
REPRESENTATIVE WAYNE CHRISTIAN : Chairman Cook?
REPRESENTATIVE BYRON COOK: Yes, sir.
REPRESENTATIVE WAYNE CHRISTIAN : The concerns that a lot of the folks from my area that have been concerned about is the concentration of power. It's really concerned us. The number one industry in our state, basically, for years, that made Texas different is energy. And with all the bads it still brings in a tremendous amount of energy. And, right now, in my district, we have wells going in providing $3 million in economic benefit for wealth. We are -- If it works, don't fix it, I guess is what I'm asking. Why is there a need to change what has, for decades, been our major income producer that makes us different from every other state? Why change what has worked?
REPRESENTATIVE BYRON COOK: You know, the state gross produce, oil and gas, is about like agriculture. Very similar dollars. Once again, I think it's working relatively well that we have a Commissioner of Agriculture. We need to have, you know, somebody that we can hold accountable. And, you know, if I could I'd like to read for you --
REPRESENTATIVE WAYNE CHRISTIAN : Well, my question is, if it works like the State Department of Agriculture I don't think we're in favor of changing that. Texas' energy production is the envy of the world. The production, the science, everything that's come to our state energy-wise has kept us and our economy. The emergency fund that we have argued over that session, the rainy day fund comes from energy. Its made us the greatest state in, of course, our opinion; and of course here we're kind of all biased, including you, in the nation. So my concern is, if it works, why change it?
REPRESENTATIVE BYRON COOK: Well, you know what, I wish it was working as well as you thought. I wish I -- wish the commissioners were spending as much time advancing this industry as the state deserves, and I wish they had a clear mission. And that's one of the things we heard from -- in testimony. We have very conflicting missions and objectives when you have -- when you have three commissioners nobody is in charge. They're going three different directions. We need to have a commission that is -- that is moving in a positive direction. It's also very counter-productive for the employees, they don't know which way to go sometimes.
REPRESENTATIVE WAYNE CHRISTIAN : But again, you know, I'm still saying -- I hear what you are saying, I know the inefficiencies of any organization where you have multiple leaders. But then my fear is one thing that's made our entire nation, our system, as strong as it is the accountability factor of having more than one. And I have seen, as have you (inaudible) --
REPRESENTATIVE BYRON COOK: This --
REPRESENTATIVE WAYNE CHRISTIAN : -- qualified.
REPRESENTATIVE BYRON COOK: This agency is very much an anomaly. It's the only three headed agency that we have. It's the only three headed agency. You know, there are --
REPRESENTATIVE WAYNE CHRISTIAN : Again, it's the envy of the nation in how we have kept it going, what has happened, the strength that we have in Texas. And, again, I'm going back to the point of it may be the three headed agency that allows that there's somebody here that's not quite as qualified that you haven't turned it all over just to one, that we have been able to maintain through that system the most successful energy policy in the United States.
REPRESENTATIVE BYRON COOK: Let me read a little excerpt from a 20 year employee of the agency. The political nature of the three commissioners often leads to conflicting missions. Goals, challenging decisions, based on dubious rationale and financial wastefulness. As an example, one commissioner may champion technology at the expense of another capital spending, while another commissioner may simultaneously support badly needed field vehicles instead of computers, while the third commissioner may be campaigning for a third program; perhaps additional staff in the field. In fact, all three goals may be legitimate, not necessarily exclusive, and could be worked together much more efficiently than separately. The nature of these conflicts often puts staff in the precarious position of having to maintain service to an industry and citizens while balancing the often conflicting agenda of multiple commissioners.
REPRESENTATIVE WAYNE CHRISTIAN : I'm also wondering, it's been very accessible to me, as a representative of my constituents, when we're having a question on energy that I can make a call to one or two commissioners that I might know well and get an answer. We have multiple people we can contact. They have -- it's a multiple -- And in that familiar instance --
REPRESENTATIVE BYRON COOK: One thing is they can't talk to each other about it, that's for sure. And that's --
REPRESENTATIVE WAYNE CHRISTIAN : But they talk to us. And I'm more concerned of them not talking as far as -- Yes, we should be able to communicate with each other. But I'm really concerned that if you put one person there it becomes kind of like one governor or one person, the layers of staff --
REPRESENTATIVE BYRON COOK: So you want three governors?
REPRESENTATIVE WAYNE CHRISTIAN : The staff becomes deeper, which makes it more difficult to actually take the position of the people that can actually make the decisions. And you start weaving through, as with these single officials, you call the chief of staff, you call the executive assistant. And I'm -- With three railroad commissioners I've been able to get phone calls back from my commissioner.
REPRESENTATIVE BYRON COOK: Actually, I'm glad you mentioned chiefs of staff, because for the most part the chiefs of staff really run this thing, because they can actually talk to each other.
REPRESENTATIVE WAYNE CHRISTIAN : But I'm able to get calls from a couple of those commissioners directly, because I have a relationship with them. Whereas, if it's just one, I may not have that ability to reach that one person. It may be my fault. But I think I have a better shot at three targets rather than just getting help from one, from a higher authority, by actually talking to the commissioner. So my question, I guess, has been just my comment. I'm concerned in an age when we need mor rainy day funds, we need more cash, I'm just questioning whether we need to -- at this particular time take the most successful energy state in history and change it, when what we got really, overall, the good is far outweighing the bad. But I respect your --
REPRESENTATIVE BYRON COOK: Well, once again, I think there's pretty major changes that have been advanced by --
REPRESENTATIVE RUTH JONES MCCLENDON: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Ms. McClendon, for what purpose?
REPRESENTATIVE RUTH JONES MCCLENDON: Woul d the gentleman yield?
REPRESENTATIVE BYRON COOK: I'll be glad to yield.
REPRESENTATIVE RUTH JONES MCCLENDON: Chai rman Cook, I've served on the Sunset Advisory Commission, and on Appropriations as well, and have had many opportunities to have dialogue with the commissioners on Railroad. My question to you is, as we look at the recommendations from the Sunset Advisory Commission, what is your understanding of the thoroughness of the investigations that the commission will go through before they would make a recommendation of this sincerity and of this kind of -- this change as the head of an agency?
REPRESENTATIVE BYRON COOK: As you know, Ruth, Sunset is very thorough, very thorough. And, once again, that's the reason I'm before you today, because I think the Sunset staff is very thorough. I'd like to think that those of us that have served, have served in the past and presently serve on the commission are very thorough and thoughtful on recommendations. And we wouldn't have brought this recommendation to this body had we not spent a lot of time and effort vetting it.
REPRESENTATIVE RUTH JONES MCCLENDON: And this is not something that's just pulled like a rabbit, pulling a rabbit out of a hat. Was it something that was thoroughly talked about, you had hearings on it that you -- Tell me the procedures that you went through so maybe the members can have a understanding of the process that you went through.
REPRESENTATIVE SCOTT HOCHBERG: Normally what happens -- when you carry a Sunset bill, this would have been in the bill and there may have been an amendment to take it out. In this case I'm actually coming back -- I'm coming to that body and saying this is the Sunset recommendation, we'd like to but it back in the bill. I also think it's very important that this body has the benefit to be able to debate this issue as opposed to this bill possibly passing without the Sunset recommendations being brought forth.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you.
REPRESENTATIVE BYRON COOK: Thank you.
REPRESENTATIVE RUTH JONES MCCLENDON: And as I understand, and I have experiences myself as I have had conversations with the commissioners in the committee process, is that there are many conflicting opinions from each individual commissioner that is very -- makes it very difficult for the legislature to form policy objectives, as a result of getting information from those commissioners, and being able to understand just what is a single goal of the commission and not each individual commissioner.
REPRESENTATIVE BYRON COOK: Correct. And it would have been helpful if the commissioners had been forthright, as one of the them was, and actually helped in this process. But, honestly, some of them were relatively defiant about participating.
REPRESENTATIVE RUTH JONES MCCLENDON: I know we've found that sometimes some of the commissioners were sort of inattentive because they were involved in other activities other than the business of the commission. And I know that was one of the concerns. And did you find that to be one of the concerns that the staff brought forth as a result of their investigation of the commission?
REPRESENTATIVE BYRON COOK: What would be wonderful, if we had somebody that would run the Railroad Commission, that would be dedicated exclusively to doing this full-time, fulfill their -- their term and not be distracted by other opportunities; then I think we would get a far better result for the citizens of Texas. And, once again, I think that things have changed rather dramatically since the Railroad Commission was established. And when you look at where we're going as a state it's going to become more and more important that proper thoughtfulness is in place, because we're now drilling in people's backyards. Very different from what it used to be when it was a rural Texas industry.
REPRESENTATIVE RUTH JONES MCCLENDON: Chai rman Cook, have you -- Are you aware of the definition of insanity?
REPRESENTATIVE BYRON COOK: I'm sorry, Ruth, I couldn't hear you.
REPRESENTATIVE RUTH JONES MCCLENDON: Are you aware of the definition of insanity?
REPRESENTATIVE JOE STRAUS: Representative Davis raises a point of order. The gentleman's time has expired. The point of order is well taken and sustained.
REPRESENTATIVE RUTH JONES MCCLENDON: Mr. Speaker, I'd like to move that the gentleman's time be extended.
REPRESENTATIVE JOE STRAUS: First extension of time. Is there any objection? Chair hears none. Time extended. Chair recognizes Representative Johnson for an introduction.
REPRESENTATIVE ERIC JOHNSON: Thank you, Mr. Speaker. Members, I'd like to have take a moment to draw your attention to the south gallery, and welcome our state Capitol the (inaudible) Community School, the 7th grade class, in my district. District 100, back in Dallas, Texas. They're here on their Texas history trip, visiting us today. Just say hi and welcome to your state Capitol. It's good to see you. Thank you. Thank you, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Cook. Ms. McClendon, for what purpose?
REPRESENTATIVE RUTH JONES MCCLENDON: Let me repeat my question. Chairman Cook, do you know what the definition of insanity is?
REPRESENTATIVE BYRON COOK: I think it's to keep doing the same thing over and over and over again.
REPRESENTATIVE RUTH JONES MCCLENDON: If you keep doing the same you thing over and over again and expecting the same -- expecting a different result, that is the definition of insanity. And we have -- We have been doing the same thing over the Railroad Commission, recognizing the problems, no matter what anybody says; there are problems, but they're not insurmountable. We cannot keep continuing to do the same thing over and over and again and expect a different result. Is that an opinion that you may have, Chairman Cook?
REPRESENTATIVE BYRON COOK: Once again, this agency is an anomaly with three elected. I think -- I think it's also at risk, over time, that -- with respect to the Voting Rights Act, how we elected three -- presently, the fact of the matter, if this was the best way to do this I believe that we'd be doing with the Comptroller, the Attorney General, the Lieutenant Governor, the Ag Commissioner and on and on. And there's a reason why you elect a person and hold them accountable, put them a charge and expect them -- expect them to devote their full time and effort to being successful for the benefit of the citizens of the State of Texas.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you. I think you have an excellent amendment.
REPRESENTATIVE BYRON COOK: Thank you.
REPRESENTATIVE JOE STRAUS: Mr. Geren, for what purpose?
REPRESENTATIVE CHARLIE GEREN: Mr. Speaker, would the gentleman yield for a couple of questions?
REPRESENTATIVE JOE STRAUS: Mr. Cook, do you yield?
REPRESENTATIVE BYRON COOK: Certainly.
REPRESENTATIVE CHARLIE GEREN: Mr. Cook, has there been a constitutional amendment to change this from three to one?
REPRESENTATIVE BYRON COOK: If we abolish this agency, that would not be required.
REPRESENTATIVE CHARLIE GEREN: Because currently it is a constitutionally -- it is constitutionally required that we have three commissioners; is that correct?
REPRESENTATIVE BYRON COOK: It's constitutional if we have a Railroad Commission.
REPRESENTATIVE CHARLIE GEREN: If we have a Railroad Commission?
REPRESENTATIVE BYRON COOK: And we -- If we abolish the Railroad Commission it will not be necessary.
REPRESENTATIVE CHARLIE GEREN: Thank you, Mr. Cook. Because I really don't care if it's one or three. I just know it says in the constitution, it says the Railroad Commission's got to have three.
REPRESENTATIVE BYRON COOK: If we have a Railroad Commission. And this would be the Texas Oil and Gas Commission, so we would not have a Railroad Commission.
REPRESENTATIVE CHARLIE GEREN: All right. I disagree with you.
REPRESENTATIVE BYRON COOK: You know, well, I'm not an attorney. That's what all the attorneys are telling me so. I think we're comfortable there.
REPRESENTATIVE JOE STRAUS: Mr. Lozano, for what purpose?
REPRESENTATIVE ROBERTO ALONZO: Would the gentleman yield for a question?
REPRESENTATIVE BYRON COOK: Are you the same guy that locked me out of the elevator today?
REPRESENTATIVE ROBERTO ALONZO: Sir, I tried push that open --
REPRESENTATIVE BYRON COOK: I saw you shutting the door on me today. But keep going, I'm listening.
REPRESENTATIVE ROBERTO ALONZO: And some of the members said who was that? And I said Chairman Cook. Well, it was nice serving with you. But, Chairman, the reason I have some questions is basically my district is composed of counties that are vastly attributed, the county budgets, to oil and gas severance taxes. Without it, I wouldn't have the county roads, the county infrastructure that I have. And my concern is that going from three to one commissioner, do you believe that it could potentially lead to a delay in permits being issued, or further delays?
REPRESENTATIVE BYRON COOK: No, I don't believe that would be case. Once again, you're going to have somebody accountable. Here's the problem we have right now: Who's on first, what's on second? That's kind of where we are right now. Nobody -- Nobody is in charge. And the reality of the fact is if we'll go to a single elected, you're going to have somebody in charge. It's likely that they're going to hire a really first class executive director that's going to be an administrator. Once again, right now, I think more than anything the chief of staffs run -- run this -- run this agency.
REPRESENTATIVE ROBERTO ALONZO: And, Chairman, you've mentioned that the Railroad Commission is seen by many as basically a stepping stone or a spring board of sorts for people running for other offices, and that's one of the reasons why you would like to go to one commissioner?
REPRESENTATIVE BYRON COOK: We need -- We need -- First off, you need accountability. Somebody's got to be in charge. Second of all, you want people that are focused on their job. Once again, I maintain if you look at the -- this -- if you look at these hearing schedules, which are very diminished, the number of hearings. And, by the way, if you go to a hearing and you don't get the result that you necessarily want, then what you going to do? You're going to go to a district judge, a district judge, and he's going to -- he'll rule. So the fact that whether you have three that are ruling or one, it is -- I don't think it's inconsistent with what we do now. If you don't like the ruling you go to the district judge. By the way, he may not, or she may or may not have extensive expertise in the oil and gas business.
REPRESENTATIVE ROBERTO ALONZO: Yes, that's correct. However, it is the will of the voters right now, so wouldn't you agree that if they're not being accountable to the people, if they're not focusing on their job that the people should be able to decide that?
REPRESENTATIVE KELLY HANCOCK: You know, part of the problem right now, I don't think people have a clue what they're voting for when it comes to Railroad Commission. I think you've seen that clearly in election results. So one of the -- one of the most important things is, you know, by abolishing this agency and creating the Texas Oil and Gas Commission, I think people are going to actually know what the function that they're voting for, and that's going to be very important. Because, once again, this industry is affecting urban Texas in a very meaningful way now, and they need to have a clear understanding of what this agency represents.
REPRESENTATIVE ROBERTO ALONZO: Do you believe in the way that having three people deciding that, as opposed to one, that the petitioner has a better opportunity to be able to convince someone, because they have go three shots as opposed to just one. All the power relying on just one person, don't you think it's better to have three?
REPRESENTATIVE BYRON COOK: Actually, I think it makes it easier to manipulate, because i think what happens is with three -- what they do is try to get two, win a point of view for two. And we need to have accountability. And, let me ask you, you run your business, do you have three it or do you run it?
REPRESENTATIVE ROBERTO ALONZO: Well --
REPRESENTATIVE BYRON COOK: Can you successfully run your business if there's three of you running and it you can't talk to the other two?
REPRESENTATIVE ROBERTO ALONZO: Well, unfortunately --
REPRESENTATIVE BYRON COOK: And you can't talk to the other two, okay. So can you run your business and not be able to talk to the other two?
REPRESENTATIVE ROBERTO ALONZO: If I couldn't talk to the other two then I wouldn't have them as my business partners.
REPRESENTATIVE BYRON COOK: Okay. But that's what we have right now.
REPRESENTATIVE ROBERTO ALONZO: Well, then, shouldn't the voters be able to decide that?
REPRESENTATIVE BYRON COOK: Voters be able to decide what?
REPRESENTATIVE ROBERTO ALONZO: Whether or not they should be working with those two other people. If they're not trying to work with them wouldn't the voters be able to decide that in the next election?
REPRESENTATIVE BYRON COOK: No. I'm saying the open meeting laws -- the laws that, you know, govern how -- how they can function. They can't --
REPRESENTATIVE ROBERTO ALONZO: What is the open meeting law? I'm sorry, Chairman. What is the open meeting law?
REPRESENTATIVE BYRON COOK: They can't meet in private and discuss issues. They can't do that. It's prohibited. So they can't talk to each other.
REPRESENTATIVE ROBERTO ALONZO: So it's by law that they can't talk to each other?
REPRESENTATIVE BYRON COOK: That's right. So if we go to a single elected I think you're going to have a situation where it's going work a whole lot better.
REPRESENTATIVE ROBERTO ALONZO: Okay, Chairman. And the other issue that's pretty important in my district is --
REPRESENTATIVE JOE STRAUS: Representative Sheets raises a point of order. The gentleman's time has expired. Point of order is well taken and sustained.
REPRESENTATIVE ROBERTO ALONZO: Thank you, Chairman.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Olivera to speak in opposition.
REPRESENTATIVE RENE OLIVEIRA: Mr. Speaker, members, I rise against the amendment by chairman Cook, and it's always hard to choose when we're doing our debates up here between two good friends. The apostle Jim and the apostle Byron, as we come back from Easter and both of them well intentioned in what they're doing. But I have some serious problems with this amendment, and it's going to be somewhat consistent with what we did yesterday. But it's about taking away something from the will of the people. The constitution of our great state made it very clear that we would have three elected commissioners. If these three elected commissioners aren't doing their jobs right, then we should change them. If they are taking money from the industry, and we don't like, that then maybe we should change those rules. If there is a lack of leadership over there, then we should change them. But you don't change the system whereby people are duly elected by the voters of Texas. I think that sort of accountability is critically important. And I also urge you took at it this way: If those are the complaints, that there's too much influence, that there's too many contributions from the industry, that there's a lack of leadership, that there are people jockeying for other positions in other offices; I've heard those allegations made against this body and the Senate, and just about every other political institution in the state. What you do is you fix that, you don't take way the right to vote in someone that is ultimately accountable. If these people aren't being accountable then so be it. But let me come out as a supporter of the oil and gas industry, let me talk to you about another issues. One of the critical functions of the Railroad Commission is to deal with remediation and pollution. Their duties, as elected members of the Railroad Commission, elected by the people of state, require that. I want somebody in that office accountable if there is an incident. I want somebody there that is going to have to pay for and be responsible to the people, and not have an energy czar that's only going to be responsible to one person, the governor of our great state. And I don't care who is governor and who is not. I'm trying to be consistent, as I was in the comments I made yesterday. I do not think you take something away from the will of the people. The issue of the environment I think is very important. Fortunately in Texas we've had a Railroad Commission that by and large has done a good job in dealing incidents. But I want somebody accountable there. The other issue I bring to you, as I mentioned, is voting rights. If voting rights are important, as they were yesterday, they're just as important today. I appreciate that the Sunset Commission did some serious work and I certainly appreciate chairman Cook's sincerity in thinking that this is a better idea.
REPRESENTATIVE VAN TAYLOR: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Taylor, for what purpose?
REPRESENTATIVE VAN TAYLOR: Will the gentleman yield for a few questions?
REPRESENTATIVE RENE OLIVEIRA: I yield.
REPRESENTATIVE VAN TAYLOR: Representative Oliveira, isn't it true that the Railroad Commission is a quasi judicial body that makes decisions and adjudicate things for the industry?
REPRESENTATIVE RENE OLIVEIRA: Yes. And it's a very important part of it.
REPRESENTATIVE VAN TAYLOR: And as a result of having three members, those discussions and deliberations are subject to the Open Meetings Act, are they not?
REPRESENTATIVE RENE OLIVEIRA: Yes. And I think what's important about all that is if people are concerned about other issues, about contributions, about undue influence, et cetera, et cetera; it's all there in black and white, it's all there for everyone to see. The decisions are there in black and white. I do appreciate Chairman Cook's concern that a lot of people don't know what the Railroad Commission does. But I think both the bill and Representative Cook's amendment are going to make it into and, Texas make the into an Oil and Gas Commission, so that issue will go away. I do think so that people need to be watching this agency and making those people accountable, and I really believe that. I want to be able to call that agency and say will you come to my office, I've got some issues with you? And I want to be able to tell one of those commissioner, if there's a problem back home I want them -- you're an elected person, I want you to come down here and talk to the people in my district or my county and say what happened here? Why did we have this problem? Why aren't we cleaning it up? And the only way they're really going to be accountable, because I have dealt with agency heads for 27 years, some of them are good and some of them are bad; but they're always going to be accountable if they are elected and are going to be accountable to the people.
REPRESENTATIVE VAN TAYLOR: Sure. And we've heard some concerns here today about having one person versus having multiple people making decisions. I think research shows that groups of people make better decisions than one person by themselves. There is. And I would submit that by having 150 members of this body we make better decisions than if we had just one of us elected to make these decisions. And I thinks that's the essence of --
REPRESENTATIVE RENE OLIVEIRA: And I agree, whether it's an energy czar, or it's one elected commissioner, I think you focus too much power in that single person when it's coming about oil and gas policy. And it's not just about the environment, it's not just about voting rights, it's also going to be about making sure we have maximum recovery and that everyone in the industry is thriving; since it's the biggest employer and one of the biggest tax contributors to our tax base. And we have to make sure this industry survives, but we also have to make sure it's accountable. And I'm afraid changing to this governing structure does not get us there. This governing structure causes more problem than it fixes, and I have a real problem, again, with taking away the people's right to vote on just about anything.
REPRESENTATIVE VAN TAYLOR: Sure. And in Texas we have two hundred and fifty-four for county commissioner's courts that have five members, do we not?
REPRESENTATIVE RENE OLIVEIRA: Yes.
REPRESENTATIVE VAN TAYLOR: And we have appeals courts that have three members. And I don't see a rush to try and go to single member county courts, or to go to single member appeals courts. You're an attorney, can you speak to that?
REPRESENTATIVE RENE OLIVEIRA: I think collective decisions, even as we go through our collective decisions every day, and sometimes make mistakes, it's real clear that collective -- collectively, we are more often than not, if not almost always going to come up with a better product and understand each other's points of views and share different points of view. Ultimately, though, the beautiful thing about that process is you are still going to be accountable. If this was a three member appointed commission, there's another problem with that. So I, again, I don't like the idea of one person being in charge of all the oil and gas policy of our state, one person that may ultimately did more influenced or more subject to the criticisms raised by Sunset.
REPRESENTATIVE VAN TAYLOR: Sure. And, I mean, if we look at the federal government, where the EPA is -- the head of the EPA is appointed by the president, we've got one person who's basically shutting down drilling in the gulf without accountability to the people.
REPRESENTATIVE RENE OLIVEIRA: And I think that's a legitimate discussion that needs to be made. More often than not, I would tell you that I would side with the EPA, because I do believe that EPA does a good job. At the same time, that's a cabinet level government. We're taking -- I do not want to go to a cabinet level government in this state and I never have. And it's been offered many, many times in this state that we have an energy czar, that we have a criminal justice czar; and I don't like that. I want -- Whenever we can have somebody that's elected and accountable we have to keep that system in place. We can fine tune it, we can make it better and the Keffer Bill does that.
REPRESENTATIVE VAN TAYLOR: Well, I agree with you. I oppose this amendment. We need to have three members of the Texas Oil and Gas Commission or the Railroad Commission for the simple purpose of allowing the will of the people to speak and making better decisions for this industry. Thank you for opposing this.
REPRESENTATIVE RENE OLIVEIRA: Thank you. And I agree.
REPRESENTATIVE JOHN OTTO: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Otto, for what purpose?
REPRESENTATIVE JOHN OTTO: Will the gentleman yield for some questions?
REPRESENTATIVE RENE OLIVEIRA: I will yield for questions.
REPRESENTATIVE JOHN OTTO: Thank you, Chairman Oliveira. I'm a little confused in the conversations that went on earlier. And my concern is if this amendment were to go on this bill, is it the intent then that this agency would go out of existence?
REPRESENTATIVE RENE OLIVEIRA: I believe so --
REPRESENTATIVE JOHN OTTO: -- and be reconstituted as a statutory oil and gas commission?
REPRESENTATIVE RENE OLIVEIRA: I think those are legitimate legal questions, because I actually was researching this late last night and we were very concerned, because it's a creature that is created by constitution, that if we create a railroad commission it will have three elected commissioners. What does this amendment do? The Senate version of this was a lot different than what Chairman Cook is laying out. So I -- I -- I -- I'm not sure how to answer that. I think if you move it away I think there may be even some legal and constitutional questions --
REPRESENTATIVE JOHN OTTO: And if the end game is to Sunset, and to do away with this commission, and to come back with a new statutory, then do not we have to go get approval from the EPA in order to make decisions regarding groundwater and injection and things of that nature? Are we then not without an agency to regulate that in the meantime?
REPRESENTATIVE RENE OLIVEIRA: I think you are absolutely right. And I know that Chairman Keffer is going speak at length about that issue. But creating that uncertainty right now, particularly in something that you and I care very much about, the budget and our tax structure, that is not a good thing. We've got another two tough years to deal with, and we're going to have a tough biennium when we come back. And we need to make sure that our oil and gas industry is getting permits, is doing recovery, maximum recovery that is reasonable under the laws and for the environment and, at the same time, bringing in that tax revenue we need.
REPRESENTATIVE JOHN OTTO: Thank you.
THE CHAIR: Representative Sheffield raises a point of order, the member's time is expired. Point is well taken and sustained. Chair recognizes Representative King from Parker to speak in opposition.
REPRESENTATIVE PHIL KING: Thank you. Members, I also rise respectfully to speak against this amendment. The Barnett Shell Gas play actually started in my district, in Wise County, where they first started aggressively using the horizontal drilling. So all the time I've been office, and ever since the Barnett Shell play started, I've been dealing with it. Either as a citizen, or a property owner or an attorney or, for the last 12 years, as a state rep. And so I have had to work intimately with the Railroad Commission. And I can just tell you from a personal experience that although we will have had disagreements, I have always, always been pleased that I had three commissioners that I could go and speak to independently, and try to make my case on behalf of my constituents or my clients, and -- or the community. The other -- The larger concern I've had, having dealt with the Railroad Commission a lot in a those representative capacities is that it is what, almost a fifth of our state economy, the oil and gas industry. And the concern that I have is if you have a single commissioner, think of the tremendous amount of power and influence and authority that you are investing in a single individual. Almost a fifth of our state's economy. And what are we, the fourteenth largest economy in the world, if we were our own nation. And we would be investing a fifth of in placing one individual in charge. And, you know, occasionally the electorate elects someone who does not do a good job. I'm probably -- I may be a good example of that, some would say. But some day, if we have single commissioner we will have someone elected, holding all that power, who is not a good commissioner. Someone who does not understand the business side of what we're trying to do here, someone who does not understand reasonable stewardship of our environment. And we could have someone who could literally almost shut down, the same way that drilling in the Gulf has been shut down by a single decision, we could have drilling in the State of Texas shut down by a single decision.
REPRESENTATIVE DENNIS BONNEN: Mr. Speaker?
THE CHAIR: For what purpose?
REPRESENTATIVE DENNIS BONNEN: Would the gentleman yield for a question?
REPRESENTATIVE JOE STRAUS: Mr. King, do you yield? He yields.
REPRESENTATIVE DENNIS BONNEN: For integrity of the art, who shut down drilling in the Gulf?
REPRESENTATIVE SUSAN KING: It was the Obama Administration. It was the EPA.
REPRESENTATIVE DENNIS BONNEN: It was the EPA. Who is elected to the EPA?
REPRESENTATIVE PHIL KING: They are appointed.
REPRESENTATIVE DENNIS BONNEN: No one.
REPRESENTATIVE PHIL KING: They are appointed.
REPRESENTATIVE DENNIS BONNEN: Right. So does Representative Cook's amendment have anyone appointed? No. So it's a statewide elected official here in the great State of Texas; is that correct?
REPRESENTATIVE PHIL KING: But it still --
REPRESENTATIVE DENNIS BONNEN: Is that correct?
REPRESENTATIVE PHIL KING: It is correct. But it still has the same flaw that it invest too much power, over a fifth of the economy and the fourteenth largest economy in the world, puts it in the hands of a single person that could shut it down if they make a bad decision.
REPRESENTATIVE DENNIS BONNEN: Representat ive King, I know it's late in session, but I'm just curious for the bill numbers to change the Ag Commissioner to a three member board, because it has the same impact on our economy.
REPRESENTATIVE PHIL KING: No, it doesn't.
REPRESENTATIVE DENNIS BONNEN: What's the bill number to change the comptroller to a three member board, because the comptroller is making plenty of decisions about ag policies --
REPRESENTATIVE PHIL KING: The ag commissioner does not sit as a judge. You'll be creating a super federal judge here. The ag commissioner --
REPRESENTATIVE DENNIS BONNEN: That's correct.
REPRESENTATIVE PHIL KING: -- tens of thousands --
REPRESENTATIVE DENNIS BONNEN: Representat ive King, in respect to your constituents, would it shock you that the industry may have come out in force here recently, I want to be clear, because of the fact that more than 80,000 oil and gas, natural gas production related violations found in 2009, field staff enforced more than 4 percent -- less than 4 percent of 80,000 violations were sent for enforcement action. Would that surprise you that the industry would want to keep that status quo in place?
REPRESENTATIVE PHIL KING: Well, the commission, I have no question, could do a better job, as can every agency in the State of Texas. But I can tell you in my district, where we've been dealing with the Barnett Shell plate, since it began, I can tell you that we have a good relationship built up between producers and land owners --
REPRESENTATIVE DENNIS BONNEN: It's a very good relationship, it says it's a great relationship.
REPRESENTATIVE PHIL KING: It's a great thing for Parker County, it's a great thing for my constituents. We've had our struggles with the Railroad Commission, I have argued with them on occasion. But we have worked together on occasion, and it worries me to -- if I had only one commissioner to invest a deal with, who could make a bad decision and I am stuck.
REPRESENTATIVE DENNIS BONNEN: You know, that's how life works a lot of the time. And let me present some contrasts that you may or may not be aware of. The Texas Commission on Environmental Quality forwarded about 20 percent of 11,000 violations for enforcement action.
REPRESENTATIVE PHIL KING: And, I'm sorry, what is the question?
REPRESENTATIVE DENNIS BONNEN: Well, I'm asking you if you're aware of the fact that the TCQ was able to forward 20 percent of the 11,000 violations, while the Railroad Commission, which were all fighting vigorously to keep this status quo in place, because the industry sent us out here and told us to do it --
REPRESENTATIVE PHIL KING: But, as you know (inaudible) beefing up that enforcement section, and you have done a good job in assisting and drafting this bill that beefs up that enforcement section.
REPRESENTATIVE STEFANI CARTER: Mr. Speaker, I have a question, please. If you'll yield, for a question?
REPRESENTATIVE JOE STRAUS: For what purpose?
REPRESENTATIVE STEFANI CARTER: It's a question and a comment.
THE CHAIR: Mr. King?
REPRESENTATIVE PHIL KING: I'll yield for a question.
THE CHAIR: He yields.
REPRESENTATIVE STEFANI CARTER: Thank you, Representative King. I think some people have been left with the impression that the Sunset Commission made a recommendation only that there be one commissioner. Don't you think that's the impression that's been left?
REPRESENTATIVE PHIL KING: Yes, it is.
REPRESENTATIVE STEFANI CARTER: But in January of 2011, in the Sunset Commission's decisions, issue 1, on page 18, it says under the Sunset recommendation the governor would appoint five part-time commission members. Five part-time commission members. That's more than one, and what Victor Korea said is that he disagreed with this recommendation to move to five members. He wanted keep it at three. And Victor Korea, of course, is no longer with the Railroad Commission, so he doesn't have a dog in the fight. Elizabeth Ann Jones, the Chair of the Railroad Commission, also said we should keep a three member elected commission. She goes on to say in her response that Texas is the -- no other state other than Texas is the number one producer of oil and natural gas. Texas is the top five of coal producing states. She also notes that our neighbor state, Oklahoma, has a three member commission, but it also doesn't compare to Texas' energy production. And so, don't you see that a three member recommendation is really, in a lot of ways, a compromise?
REPRESENTATIVE PHIL KING: Well, I think it probably is. But, you know, the issue is, you know, limited government, which is what Texas has always been about, is about divesting power and not investing it too much into a person or single body. And having three commissioners continues that we have power divested over a number of people, and you just simply don't take a fifth of the state's economy, and the 14th largest economy in the world, and put it all in the hands of one person. If they're doing great -- It's the old thing, if a dictator's great -- But the problem is most dictators are not great. A dictator is the most efficient thing, but dictators are not good. And if you have a single commissioner we run the risk, in fact, I will say that it is inevitable that some day we will have a bad commissioner in that composition and it will have devastating effects on the Texas economy, for the industry, for the land owners in my district who live off their royalties and want to develop those royalties. And, with this, respectfully, I rise in opposition to this amendment. Thank you.
REPRESENTATIVE STEFANI CARTER: Thank you, Representative King.
REPRESENTATIVE WAYNE CHRISTIAN : Mr. Speaker?
THE CHAIR: Yes, Mr. Christian. For what purpose?
REPRESENTATIVE WAYNE CHRISTIAN : Would Mr. King yield?
THE CHAIR: He's yielded the floor. Thank you.
REPRESENTATIVE WAYNE CHRISTIAN : Thank you.
THE CHAIR: Chair recognizes Representative Crownover. Oh, I'm sorry. Chair recognizes Representative Keffer to speak in opposition.
REPRESENTATIVE JAMES KEFFER: Thank you very much. And I don't want to belabor this to death. However, I think it is important for one other thing to be put into the thought process here. I have a -- from the EPA, their UIC program, which is underground injection well, that is so important to this industry. And in their code, in their administrative rules and regulations, and it does say that states with approved programs from the Railroad Commission, their UIC, shall notify the EPA whenever they propose to transfer all or part of a program from an approved state agency, which would be the Railroad Commission in this instance, to any other state agency. So abolishing the Railroad Commission means that we are moving that from an approved, to another state agency, when we're changing the government. And shall identify any new division of responsibility, and that, italicized, that new agency, which will be under the Cook Amendment, is not authorized, and I repeat, is not authorized to administer the program until approved by the administrator of the EPA. Now, if you've been hanging around Texas and the EPA at all, the last year and a half, two years, you know the relationship and, you know, that that would put the whole drilling program of the State of Texas in jeopardy -- So we could --
REPRESENTATIVE WAYNE CHRISTIAN : Mr. Speaker.
THE CHAIR: Yes, Mr. Christian, for what purpose?
REPRESENTATIVE WAYNE CHRISTIAN : Would the gentleman yield?
REPRESENTATIVE JAMES KEFFER: -- need to be in the process.
THE CHAIR: Mr. Keffer, will you yield?
REPRESENTATIVE JAMES KEFFER: I will.
THE CHAIR: He yields.
REPRESENTATIVE WAYNE CHRISTIAN : Mr. Keff er, are you aware the question raised earlier about the low number of the complaints from the industry that were rectified by the Railroad Commission, are you aware that it's because the industry individually, voluntarily stepped in and rectified all of that vast majority of problems?
REPRESENTATIVE JAMES KEFFER: Thank you very much. You're exactly right.
REPRESENTATIVE WAYNE CHRISTIAN : Are you aware that the majority of the Rainy Day Fund comes from the oil and gas industry?
REPRESENTATIVE JAMES KEFFER: That is why it is something to keep in mind, it is such a foundational, fundamental issue here on the economy of Texas, that the Rainy Day Fund, which we are all blessed to have in this state, all comes from severance tax.
REPRESENTATIVE WAYNE CHRISTIAN : Are you aware that we are very short of cash, having a problem with the Senate currently on trying to come up with a budget that is causing harm and problems all across the this state because we, at this moment in history, don't have as much money as we need?
REPRESENTATIVE JAMES KEFFER: That's right.
REPRESENTATIVE WAYNE CHRISTIAN : Are you aware that it is many times when you have a proven resource that for decades has provided literally billions of dollars for our state and for our economy, do you feel, Mr. Keffer, this is the time to experiment with that proven successful income flow?
REPRESENTATIVE JAMES KEFFER: It is not the time, no, sir.
REPRESENTATIVE WAYNE CHRISTIAN : I agree, Mr. Keffer. And I hope that the members will support you.
THE CHAIR: Representative Cook, for what purpose?
REPRESENTATIVE BYRON COOK: Will the gentleman yield?
REPRESENTATIVE JAMES KEFFER: Certainly.
THE CHAIR: The gentleman yields.
REPRESENTATIVE BYRON COOK: I just want to -- because you brought up the issue.
REPRESENTATIVE JAMES KEFFER: Yes, sir.
REPRESENTATIVE BYRON COOK: Can you-all turn me on there? With respect to the EPA, I just want to clarify that if we do move this over to the Texas Oil and Gas Commission, that it wouldn't change any thing in statute or in code, so it just moves over. I don't know if you're aware that we have -- You know, there was communication with Dr.
(inaudible) about doing this, and he hadn't indicated there's any problems -- that the being the EPA. And, and, if you look historically, when we moved to change the name to the Texas Natural Resource Conservation Commission to the Texas Commission on Environmental Quality, we didn't have a single delegation issue --
REPRESENTATIVE JAMES KEFFER: That's why we are changing the name, and not the government.
REPRESENTATIVE BYRON COOK: My point is, it's not likely that there would be -- we'd be putting anything at risk there, I think you will agree.
REPRESENTATIVE JAMES KEFFER: Well, I would respectfully disagree with that.
REPRESENTATIVE BYRON COOK: Well, once again, they haven't raised any of those issues. So I just want to --
REPRESENTATIVE JAMES KEFFER: Well, they haven't yet, but they could.
REPRESENTATIVE BYRON COOK: They could, but they can raise issues on it right now --
REPRESENTATIVE JAMES KEFFER: They can, but this is certainly draws the spotlight to it.
THE CHAIR: Representative Lozano, for what purpose?
REPRESENTATIVE ROBERTO ALONZO: Ten second question.
REPRESENTATIVE JAMES KEFFER: All right.
THE CHAIR: Does the gentleman yield?
REPRESENTATIVE ROBERTO ALONZO: Chairman, we are on energy, and are you aware that every energy association in Texas, except for the one that testified, and they all filed testimony; every energy association in Texas is supporting three commissioners?
REPRESENTATIVE JAMES KEFFER: Yes.
REPRESENTATIVE ROBERTO ALONZO: Thank you.
REPRESENTATIVE CRAIG EILAND: Mr. Speaker?
THE CHAIR: Representative Eiland, for what purpose?
REPRESENTATIVE CRAIG EILAND: Gentleman yield?
REPRESENTATIVE JAMES KEFFER: Yes, I do.
THE CHAIR: He yields.
UNIDENTIFIED SPEAKER: Are you aware that in 1991 that the state went from a three member board called the State Board of Insurance, to a one commissioner, then the commissioner of insurance?
REPRESENTATIVE JAMES KEFFER: I'm sorry, before my time.
REPRESENTATIVE CRAIG EILAND: Do you know of any other time that we have gone from a three member governing panel to a single person governing panel?
REPRESENTATIVE JAMES KEFFER: Do I know of a situation?
REPRESENTATIVE CRAIG EILAND: Right.
REPRESENTATIVE JAMES KEFFER: Well, the one you just mentioned, I guess.
REPRESENTATIVE CRAIG EILAND: And do you know of any time when we went from a single person governing panel to a three member governing panel?
REPRESENTATIVE JAMES KEFFER: No, sir, I don't.
THE CHAIR: Chair recognizes -- Please excuse Representative Harper-Brown because of important business in the district, on the motion of Representative Crownover. Is there objection? Hearing none. So ordered. Chair recognizes Bonnen for an amendment.
REPRESENTATIVE DENNIS BONNEN: Thank you, Mr. Speaker. Members, Representative Lozano got it right. Every oil and gas industry association is against this amendment. They are against it. And you are witnessing the power of the oil and gas industry in Texas. It is on full display, in great beauty, here today. You want to know what the problem is? Commissioner appointed in 2005, run for the U.S. Senate. Commissioner appointed in 1999, run for the U.S. senate. Commissioner elected in '99, appointed U.S. Ambassador to Mexico before the end of their term. Elected in 1995 becomes the chancellor of the Texas State System. Elected 1994, during term runs for comptroller. Appointed, in the second year of their term of appointment, becoming the CEO of strategic partnership. Elected, reelected shortly after reelection, runs for attorney general. Elected in '92, in the next year becomes district judge. It goes on and on, members. We're talking about the great Railroad Commission. It ain't the great Railroad Commission. It's not. And it's not good. And it's sort of offensive, quite candidly, some of the arguments that are being made, because they're monumental leaps. The EPA is got to come in and shut it down. It's ludicrous. Inaccurate. We have a very vibrant industry and if we make this change the assumption of the argument is this industry goes away. Ludicrous. We spent time in Sunset working hard on this issue, it was very clear to the Senate members, the only disagreement of the Senate members, there were two that voted against this. You know why? They wanted a single commissioner appointed. Not elected, appointed. It wasn't agreed whether it should be one or it should be three. We agreed there should be one. The industry and the commissioners were nonexistent. We had one commissioner who gave comment on the Coastal Coordination Council prior to the opportunity to comment on Railroad Commission. That commissioner commented on the Coastal Accordance Counsel, some of you may not know what it is, don't get too worried because we're abolishing it. Because it deals with 2.5 million, the M, not the B, 2.5 million dollars of federal grant money that really runs through the general (inaudible). That commissioner commented on her concern with us abolishing that, but then said she was an elected statewide official and could not comment on the Railroad Commission.
REPRESENTATIVE WAYNE CHRISTIAN : Mr. Speaker.
REPRESENTATIVE DENNIS BONNEN: Not at this time.
THE CHAIR: He doesn't yield.
REPRESENTATIVE DENNIS BONNEN: I will later. So she can comment on the Coastal Coordination Council that meets every quarter and administers $2.5 million, but cannot comment on the Railroad Commission that has been displayed here today, one of the most important regulatory agencies of the most important industry in our state. We have a problem. We have a problem. We have 80,000 oil and natural gas production related violations found in fiscal year 2009. (Inaudible) less than four percent. Less than four percent. Guys, there's an issue here. And, yes, it's a powerful industry. We are seeing that. Yes. Why do they not want it to change? My humble opinion, here's why you don't want it to change. I just read if I'm in the industry I want a disinterested three member board who's continually worried about my fund-raising ability from them to run for the next office. And, therefore, I don't study the issue, I don't think about the issue, I do what I'm told because there's a fundraiser next year to help me run for the United States Senate. Members, this is a right and appropriate amendment, and I would ask you to support it. I'd be glad to yield to a question.
REPRESENTATIVE WAYNE CHRISTIAN : Mr. Speaker?
THE CHAIR: Mr. Christian, for what purpose?
REPRESENTATIVE WAYNE CHRISTIAN : Would the gentleman yield?
REPRESENTATIVE DENNIS BONNEN: I'd be glad to yield for a question.
REPRESENTATIVE WAYNE CHRISTIAN : Represen tative, my concern is we, of course, in my familiar area we are enjoying a boom for the first time in our history with natural gas. It's provided jobs, millions of dollars for our schools. Our businesses have never seen it. I look back at the history of Texas, a major force in our economy, I do not see the gigantic problems of the how the oil and gas industry is harming the State of Texas.
REPRESENTATIVE DENNIS BONNEN: I didn't say it's harming the State of Texas. I said the ineptitude of the current Railroad Commission is not working efficiently as a regulatory industry for the State of Texas --
(inaudible)
REPRESENTATIVE WAYNE CHRISTIAN : When I hear (inaudible) 80,000 problems (inaudible) 4 percent --
REPRESENTATIVE DENNIS BONNEN: I do think that we should probably do a better job managing and regulating --
REPRESENTATIVE WAYNE CHRISTIAN : Where are we having disasters, environmentally in --
REPRESENTATIVE DENNIS BONNEN: (Inaudible) Representative Christian, but the numbers speak for themselves. I mean maybe you didn't hear them and maybe you disagree with them, but 80,000 natural gas production related violations, (inaudible) four percent
(inaudible) to be reviewed. Only four percent of 80,000.
REPRESENTATIVE WAYNE CHRISTIAN : Do you know that the reason for that, or one of the reasons is that the private industries, when made aware of that, has fixed the problem. So you're telling me that we would rather have another government bureaucracy, expanded government, to take care of (inaudible).
REPRESENTATIVE DENNIS BONNEN: Of the problem --
REPRESENTATIVE WAYNE CHRISTIAN : -- that government can do a better job than private industry?
REPRESENTATIVE DENNIS BONNEN: I really don't appreciate your attempting to put words in my mouth, Representative Christian.
REPRESENTATIVE WAYNE CHRISTIAN : (Inaudib le). We have a lot of complaints, and you are wanting government to take care of it, instead of the already resolved industry for taking care of the problem
(inaudible). It is incorrect, and I hope you recognize how silly you sound, with all due respect. Identify that. Of course, my silliness is not (inaudible).
REPRESENTATIVE DENNIS BONNEN: I will state it again. 80,000 oil and natural gas production related violations found in fiscal year 2009.
REPRESENTATIVE WAYNE CHRISTIAN : But then --
REPRESENTATIVE DENNIS BONNEN: Let me finish. (Inaudible). Representative Christian, let me finish. May I finish? Stop interrupting me and maybe I'll finish.
REPRESENTATIVE WAYNE CHRISTIAN : Maybe.
REPRESENTATIVE DENNIS BONNEN: I yield the mike, Mr. Speaker.
THE CHAIR: Chair recognizes Representative Crownover to speak against the amendment. The Chair recognizes Representative white for an announcement.
REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker. Request to suspend all necessary rules. I request permission for the Committee on County Affairs to meet while the House is in session, time at 2:00 p.m. today, 4/28/2011 in 3W.15 to consider pending items.
THE CHAIR: Members, you've heard the notion. Is there objection? Hearing none. So ordered. Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker. Members, I request permission for the Committee on Pensions, Investments and Financial Services to meet while the House is in session at 1:30 p.m., in five minutes, 4/28, today, 2011. In 3W .9. To consider pending business.
THE CHAIR: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Chair recognizes Representative Creighton for an announcement.
REPRESENTATIVE BRANDON CREIGHTON: Mr. Speaker, members, I request permission for the Select Committee on State Sovereignty to meet while the House in session at 4:00 p.m., today, April 28th, 2011, in 3W9. To consider pending business.
THE CHAIR: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Chair recognizes Representative Smith.
REPRESENTATIVE TODD SMITH: Thank you, members. I'd request Permission for the Committee on Environmental Regulation to meet while the House is in session at 2:30 p.m., today, April 28th, 2011, in 3W.9 to discuss pending business.
THE CHAIR: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Following announcements. The clerk will read the announcements.
THE CLERK: The Committee on Pensions, Investments and Financial Services will meet at 1:30 p.m. on April 28th, 2011, at 3W.9. This will be formal meeting to consider pending business. The Committee on County Affairs will meet at 2:00 p.m. on April 28th, 2011, at 3W.15. This will be a formal meeting to consider pending items. The Committee on Environmental Regulations will meet at 2:30 p.m., today, April 28th, 2011, at 3W.9. This will be a formal meeting to consider formal business. The Committee on State Sovereignty Select will meet at 4:00 p.m., today, April 28th, 2011, at 3W.9. That will be formal meeting to consider pending business.
THE CHAIR: Chair recognizes Representative Larson for an introduction.
REPRESENTATIVE LYLE LARSON: Members, I would like you all to welcome Preston Gonzales and 51 of his classmates at Holy Spirit Catholic School. If y'all rise up? Welcome them. Thank y'all for coming.
THE CHAIR: Members, we're now back on the amendment. The Chair recognizes Representative Crownover to speak against the amendment.
REPRESENTATIVE MYRA CROWNOVER: Mr. Speaker and members, I rise today to speak against this amendment. It is true that Representative Farraby had a bill two years ago that I did sign on to, because I felt like it was really important that we really look into this issue. So I wanted to go in with a totally open mind, and I thought one might be a good change. I have spent months and months working with the chairman, working with the industry. I have the honor of being friends, personal friends, with all three and the new commissioner; and I feel very, very strongly that we need three commissioners. I think we are about to solve a problem with a sledge hammer, instead of a -- we're about a swat a gnat with a sledgehammer instead of a flyswatter. There are some things that need to addressed and we are absolutely, positively addressing them. I think we need the three commissioners. I think one of the most important things that would be a huge improvement, huge way for them to work together, is appointing a permanent chairman; just like if we didn't have a Speaker of the House we would be in disarray. Every one of us would think we should run the show. So I think so it's very important that we have a permanent chairman. I think that will make a huge improvement. I also thinks that resign to run is an important element. So I think this is not business as usual. We are addressing the things people have been concerned about, but we should not accept good public policy for the State of Texas based on irritations with past commissioners. So I think it's very important that we stick with our three. I think the main thing that we talk about this is -- this is a solution in search of a problem. I have the honor of serving on the Southern States Energy Board, and so we know the in that board we see how everyone in the entire world is looking to Texas and how we manage our oil and gas. The Railroad Commission in the State of Texas is not broken. It is functioning well. And the rest of the world looks to Texas. I think we need our three commissioners and I do think the problems that we have talked about are due to underfunding, not the one or the three. So I think it is underfunded, and we have a way of addressing that. And so, with that, I will close. There's even a statement in Proverbs that says that three strands are stronger than one. So I look forward to the vote on this. Thank you.
THE CHAIR: Please excuse Representative Anchia, Truitt, Anderson, Creighton, Orr, Veasey, Legler, Nash, Hernandez and Luna because of a committee meeting, on the motion of Representative Truitt. Does anyone else like to speak for or against the Cook Amendment? Chair calls on Representative Cook to close.
REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker. Members, and I'm going to be real brief. I think it's extremely important that we had this debate about this, and I hope that when we get through the end as a result is that we have a better agency and better performance than we've had lately. Because, I've got to be honest with you, the State of Texas hasn't gotten its money's worth. I do believe that we would be best served, and that's a recommendation of the Sunset staff, as well as those of us that served on Sunset; so I would ask for you support of this amendment. Thank you.
THE CHAIR: Mr. Cook sends up an amendment. The question is on the adoption of the amendment. Vote aye, vote nay, members. Clerk will ring the bell. Show Representative Cook voting aye. Show Representative Keffer voting nay. Have all voted? Have all voted? There being 17 ayes, 121 nays; the amendment fails to adopt. Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you, members.
REPRESENTATIVE JAMES KEFFER: I do have to go before you tonight, Mr. Cook, so treat me nice, will you?
THE CHAIR: Members, we're going to page 11 on your amendment packet. Page 11. Following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Gallego.
THE CHAIR: Chair recognizes Representative Gallego to explain his amendment.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, this amendment would provide that a commissioner may not knowingly accept a political contribution from a person or entity who has passed business before the commission during the 90-day period before the contribution is offered or accepted. Essentially, the idea is to make sure what that whatever resolve -- if you have pending business before the commission and you get the results that you get, you don't want it to look like or give the impression that, or in any way provide that look, shall we call it, that perhaps that was payment for a decision that was made. So it really is just cleaner to say that if you have pending business for the commission, if you've had a decision issued, if you've had pending business in the last 90 days you can stay out of the contribution business. And once that 90-day period has expired, and your business has gone further down the road, and you haven't had that; then you can come back in and give campaign contributions. But, for that period, after you your business has been resolved with the commission, you would be prohibited from giving campaign contributions.
THE CHAIR: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES KEFFER: Thank you. I'm against this amendment. Again, the spirit would certainly understand. But there's no definition of what business before the commission. So it's hard to get that to be an issue that we can really read and regulate, or whatever. We have handled, I think, the contributions. We have tried make it where people are going to be focused on the -- on the commission, and make sure that we keep things on the up. And I just rise against.
THE CHAIR: Chair recognizes Representative Gallego to close on his amendment.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. The amendment would restrict political contributions from people or entities that had -- that have pending business, current business before the commission. And that's not really a term that is ambiguous. You either have pending business before the commission or you don't. We expect judges, for example, Judge Louis can tell you, we expect judges to refuse (inaudible) for matters in which they have an interest. I think the public expects that executive officers, such as the executive commission, will hold themselves to similarly high ethical standards. And what the amendment does is provide for essentially a 90-day cooling off period after business, before the business is concluded, after the contributor can offer a campaign contribution. The commission is supposed to represent all the people of Texas, and when a party is before the commission, if you have a case ending before the commission, when parties before the commission can just unabashedly contribute to those campaign accounts, then it gives the impression that they are influencing decisions through political contributions, and that principle of representation is essentially destroyed in the minds of so many people who really do want to believe that government works for them. So it's really just simply a purity issue, a person may not knowingly accept a political contribution given or offered -- given or offered from a person or entity who has had business before the commission during the 90-day period. It's acceptable to the author, so --
THE CHAIR: Members, Representative Gallego sends up an amendment. The amendment's acceptable to the author. Is there objection? Hearing none. The amendment is adopted. Following amendment. The clerk will read the amendment. Members, we're going to page 12, page 12 in your packet.
THE CLERK: Amendment by Berman.
THE CHAIR: Chair recognizes representative Berman to explain his amendment.
REPRESENTATIVE LEO BERMAN: Mr. Speaker, members, this is the same economic amendment that was acceptable to the chairman on TCQ last week, and I believe this one is acceptable to Chairman Keffer. Move adoption.
THE CHAIR: Representative Berman sends up an amendment. The amendment is acceptable to the author. Is there any objection? Hearing none. The amendment is adopted.
UNIDENTIFIED SPEAKER: Mr. Speaker?
THE CHAIR: Representative Eiland, for what purpose?
REPRESENTATIVE CRAIG EILAND: Will the gentleman yield?
THE CHAIR: Which gentleman, Keffer? Do you yield?
REPRESENTATIVE JAMES KEFFER: Yes, I do.
REPRESENTATIVE CRAIG EILAND: Representati ve Keffer, on the last amendment that you accepted from Representative Gallego, you know, on the third reading, or in conference, I think that a 90-day period is a long time; and I think, for example, House members and Senate members, we have a 30 days prior to the session, 30 days after the session, when you cannot accept contributions. So maybe perhaps we take a second look at that particular amendment and have it 30 days after a session.
REPRESENTATIVE JAMES KEFFER: I think that's a great thought there. The concept, certainly we all agree with the concept. And that's why the business part of it, the definition of what that is, I think we need to clarify a little more. But certainly we understand the concept and your idea of maybe the 90-day being too long and the 30 day, I'd appreciate you working with Pete and Representative Gallego, and coming up with that; and we can certainly look at that as a third amendment. Thank you.
THE CHAIR: Members, the amendment on page 13 has been withdrawn. Members, the amendment on page 16 is temporarily withdrawn. Members, that's going put to us on page 18 of your packet. Following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Farrar.
THE CHAIR: Chair recognizes Representative Farrar. Chair recognizes Representative Farrar to lay out her amendment.
REPRESENTATIVE JESSICA FARRAR: Mr. Speaker, members, I have an amendment to the amendment. And what it's going to do when they're combined is this one says -- Hold on just a minute. Okay. Currently, the advisory board proposing this bill for the oil and gas regulation and clean up fund, is composed of five members appointed by government officials and five members appointed by the oil and gas industry. This amendment adds some balance to the board by requiring the appointment of two board members from the established environmental -- well, from environmental organizations. And my amendment to the amendment would say that those would be open to the governor to appoint. It won't be specified, as you see in the amendment. And this amendment to the amendment -- Well, the amendment to the amendment will be acceptable to the author -- to the author, obviously. And any environmental conservation organization would then be able to be representative in one of these two positions.
THE CHAIR: Following amendment to the amendment. The clerk will read the amendment.
THE CLERK: Amendment to the amendment by Farrar.
THE CHAIR: Representative Farrar sends up an amendment to the amendment. It's acceptable to the author. Is there objection? Hearing none. The amendment to the amendment is adopted. Now, we're on the amended Farrar amendment. Chair recognizes Representative Farrar.
REPRESENTATIVE JESSICA FARRAR: I don't have much to add to that. That's what the amended amendment will do.
THE CHAIR: Anybody wishing to speak for or against or on the Farrar amendment? Chair recognizes Representative Crownover.
REPRESENTATIVE MYRA CROWNOVER: Mr. Speaker and members, the oil and gas oil field clean up operation has been a tremendous success. I have some information here that the account is used to plug arsoned wells and remediate abandoned oil field sites. Throughout history, the Oil Field Clean Up Fund has successfully plugged 31,000 wells and cleaned up 4,000 sites. This program is unparalleled to any other one nation wide, and people are looking to Texas see how to do. And it this is something that is not broken and doesn't need a solution.
THE CHAIR: Chair recognizes Representative Farrar to close on her amendment.
REPRESENTATIVE JESSICA FARRAR: You know, we've been -- I serve on the Environmental Committee, and we've been through that, a Sunset process. We've seen that our state doesn't have the best record in terms of clean up or really resources in order to be able to do that. What this would do is provide some balance to this board to make sure that the voices of citizens are a part of that. And I ask you -- I ask you to vote against the motion to table.
THE CHAIR: Members, Representative Crownover moves to table the Farrar amendment. The question is on the motion to table. Vote aye, vote nay. The clerk will ring the bell. Chair shows Representative Crownover voting aye. Chair shows Representative Farrar voting nay. Show representative Hardcastle voting aye. Show Representative White voting aye. Have all members voted? All members voted? Being 104 ayes, 34 nays; the motion to table prevails. Members, the amendment on page 19 has been withdrawn. Members, we're going to page 20. The following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Turner.
THE CHAIR: Chair recognizes Representative Turner of Harris. Members, if you have amendments to the amendments, please be ready. Chair recognizes Representative Turner to explain his amendment.
REPRESENTATIVE SYLVESTER TURNER: Thank you. Thank you, Mr. Speaker and members. I am going to be amending the amendment that sits before you. And let me tell you what it will now say. It will ask for a study to be done in the interim on this issue. Utilities have been the beneficiaries of economic stimulus granted by Congress with changes in the tax code, including the extension of bonus depreciation, investment credits and other deductions. Certain utilities have filed changes in their tax accounting methods with the with the IRS to achieve additional tax deferral benefits. To date, utility rate payers have been denied full and equitable participation in these benefits in the regulatory process, because the policies that include in rate making income tax expenses on the statutory income tax rates. The amendment that I am putting forth, which would turn into a study, says that the regulatory agency should consider these new tax code stimulus measures, and to include equitable rate making tax relations of income tax expense, so that utility consumers don't pay more taxes that will ultimately paid by the utility. We recognize that some of the largest tax deductions for bonus depreciations are restricted within the tax code, but the study will ask them to consider whether or not consumers are paying more than what they should be paying. Where there is no internal revenue code restriction, the regulatory agency should be able to consider all the facts and include in rate making income tax expenses based upon all the relevant facts and circumstances. If the utility is part of a larger group of companies that files a consolidated income tax return, then the agency, the regulatory agency, should consider in this study any tax reduction benefits from filing that consolidated return and determining the rate making income tax expenses to be reasonably borne by consumers. Let me just say on the electricity side of -- we take into account the consolidated tax consequences. That does not happen as signed. And so basically, in the interim study, I am asking the agency, the regulatory entity, to take a look at all of these matters and to make sure that consumers are not ultimately paying more than what they should. And then the report will be made in December of 2012, or back to this agency, to the PUC, and to both the House and the Senate. So that that's what it does. It turns it into a study. And I believe it will be acceptable to the author.
THE CHAIR: Following amendment. Clerk will read the amendment.
THE CLERK: Amendment to the amendment by Turner.
THE CHAIR: Representative Turner sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Hearing none. The amendment to the amendment is adopted. Now we're back on the Turner amendment as amended.
REPRESENTATIVE SYLVESTER TURNER: And that's it members, the amendment simply says what I've already said, that it is a study to review the consolidated tax consequences, it also redistricts my District, 139, to the way I wanted it to be done. All a part of the interim study. Friendly amendments are always welcome. But that's what it does. It does a study. I believe it's acceptable to the author.
THE CHAIR: Chair recognizes Representative -- Nope. Representative Turner sends up an amendment. The amendment is acceptable to the author. Is there objection? Hearing none. The amendment is adopted. Following amendment. The clerk will read the amendment. Members, we're going to page 21. Page 21. Members, we're going to temporarily withdraw the amendment on page 21. Members, the amendment on page 22 is also temporarily withdrawn. Members, we're going all the way to page 28, the amendment on page 28. Clerk will read the amendment.
THE CLERK: Amendment by Burnam.
THE CHAIR: Chair recognizes Representative Burnam to explain his amendment.
REPRESENTATIVE LON BURNAM: Thank you. Members, this amendment presses an issue primarily dealing with the Barnett Shale, primarily dealing with the concerns that we've experienced with the facilities that way too close to schools. The city of (inaudible) ISD has a regulation that says they cannot locate within 1200 feet. This does not do that explicitly. It has an amended approach to that, so that there could be variances and exceptions. This amendment reduces the likelihood of our children and school employees from being exposed to dangerous levels of benzine within the distance and restricts that, unless the operator takes certain reasonable steps to reduce the emissions and noise from the drilling site and ensured that the emissions don't pose a threat to the health of the children, teachers and others at the schools. There are certain really very simple and easy steps that industry can take to make sure that we safeguard the health and safety of our school children and our public employees. They can do any of the following: Use electric motors instead of diesel engines to drill the well if electricity is available. That reduce emissions and PM reduction as well. Use lower emitting engines from hydraulic (inaudible). That reduces naught by 90 percent and PM as well. Complete the well using green completion techniques that have been adopted by the City of Fort Worth and are being adopted by more and more municipalities. Once again, you have a 90 percent emissions reduction, and many people in industry are already doing it. Chesapeake and
(inaudible) are already doing this. The others need to come along. If they use low or no bleed pneumatic valves on the well pads, that provide a 75 percent reduction. And for emissions of certain harmful pollutants to be equal or less than, we can do 90 percent of uncontrolled emissions, 10 percent of our appropriate effective screening levels, et cetera. This amendment is a public safety amendment. It is simply asking the industry, that we are all greatly benefiting from, to be responsible and not treat our children like they're lab rats. We know that benzine is harmful. We know there are neurotoxins. Let's make sure we minimize emissions near our public schools. I move this adoption.
THE CHAIR: Is there anyone wishing to speak for or against? Chair recognizes Representative Hardcastle to speak against.
REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker. Members, I don't think we're ever making school children lab rats. And basically this amendment is a taking of private property. Some school districts want to drill within this space and, you know, this would prevent them from doing so. We have space requirements in the law now, they're enforced. And we have safety requirements. So with that, Mr. Speaker, I move to table.
REPRESENTATIVE LON BURNAM: Mr. Speaker, would the gentleman yield?
THE CHAIR: Representative Burnam, for what purpose?
REPRESENTATIVE LON BURNAM: I'd like to ask the gentleman some questions.
THE CHAIR: Representative Hardcastle? He yields.
REPRESENTATIVE LON BURNAM: Chairman Hardcastle, thank you for the opportunity to ask you some questions about the statements you just made. I don't know whether or not you've had an opportunity to read the amendment, Chairman Hardcastle, but it is not in any way representative of a taking. It is a regulation, and that's what I was just talking about in my presentation. So would you reconsider representing this amendment as a taking?
REPRESENTATIVE RICK HARDCASTLE: It is basically your House Bill 1556 reworded to be an amendment on the Sunset Bill, and it puts new restrictions on school districts and on the oil and gas industry that I don't think school districts want.
REPRESENTATIVE LON BURNAM: Well, actually, this is not the entire bill. So let me ask you if you've had an opportunity to read the amendment, or listen to my layout where I explain the differences that this amendment has from the bill. And, just a clarification, are you aware that not only individual school board members but the statewide school board association and representatives testified in favor of this bill? And that was without the amendment that I have here, which provides an escape mechanism. The escape clause is to just simply comply with certain health and safety standards to reduce the emissions of toxic and neurotoxins near our school children.
REPRESENTATIVE RICK HARDCASTLE: And was there a question there?
REPRESENTATIVE LON BURNAM: Yes. I said, are you aware of the difference in the bill that was offered in the amendment? I said it in the layout, but I had the impression that maybe you weren't listening.
REPRESENTATIVE RICK HARDCASTLE: And I read your amendment. And there is no scientific study to create your amendment, or a reason for your amendment. And I believe in code now, as I understand the code, and I'm not a lawyer, but I believe in code now we have all the options for schools to have setbacks and do anything they want to on their private property. And then the Railroad Commission code, the oil and gas code, we have all the things needed for them to decide whether they want a well on the property or not.
REPRESENTATIVE LON BURNAM: Chairman Hardcastle, are you aware that it is frequently the case that we have the opportunity to regulate, and some local municipalities or school districts decide to do so, and some do not. And what this amendment does is it sets a region-wide standard that is standard that is easy to achieve by taking certain actions and Devon and Chesapeake are already taking these actions.
REPRESENTATIVE RICK HARDCASTLE: And are you aware that we've had -- You said the key word here, we have cities that have enforced ordinances on oil and gas drilling, and setbacks and all of those things, and we have cities that haven't, because they decided it wasn't in their best interest to get involved in the process. And the code, the legal code is set up that way now. And I don't think your amendment is needed.
REPRESENTATIVE LON BURNAM: Are you aware that your statements about the testing are totally, actually, incorrect? Are you familiar with the TCQ monitoring that's going on as of last summer? Are you aware that TCQ has found elevated levels of benzine in 66 samples at 29 facilities in the Barnett Shale? Are you aware that benzine concentrations in TCQ samples taken around the Barnett Shale are --
REPRESENTATIVE RICK HARDCASTLE: Excuse me, if you'll let me answer the question. Are you aware that benzene is also a compound in soap found at every carwash in this state, and several other industries in this state, and it's never been proven to be harmful or collectible?
REPRESENTATIVE LON BURNAM: You are incorrect. Are you not familiar with the studies on benzine and benzine health effects?
REPRESENTATIVE RICK HARDCASTLE: I am quite familiar with those studies, and I'm quite familiar with what TCQ did in their (inaudible) last two years or four years, so --
REPRESENTATIVE LON BURNAM: Well, actually it was last summer.
REPRESENTATIVE RICK HARDCASTLE: Thank you. I move to table, Mr. Speaker.
THE CHAIR: Please excuse Representative Coleman, Marquez, Gonzales, Gooden, Hamilton, Jackson, Paxton, Smith and White. That's in a county affairs committee meeting, on the motion of Representative Raymond. Is there objection? Hearing none. So ordered. Chair recognizes Representative Burnam to close on his amendment.
REPRESENTATIVE LON BURNAM: Thank you, Mr. Speaker and members. I appreciate the opportunity to lay out the amended portion of the bill that Chairman Hardcastle was referring to. I entered into the questioning and dialogue with Chairman Hardcastle because I'm extremely concerned because the misinformation that I've heard throughout this afternoon's activities, with regard to the Sunset review. And would ask that people at least move towards acting on the actual information, as opposed to misrepresentation. In this case, it could not be clearer that we are exposing our children needlessly to a number of neurotoxins and carcinogens, and we can very easily and simply reduce that exposure, minimize that exposure, by standardizing and mandating basic safe health and safety regulations to reduce air pollution in the immediate vicinity of our schools. I ask you to vote no on the motion to table.
THE CHAIR: Members, Representative Burnam sends up an amendment. Representative Hardcastle moves to table. The question is on the motion to table. Vote aye, vote nay. Clerk, ring the bell. Show Representative Hardcastle voting aye. Show Representative Burnam voting nay. Have all voted? All voted? Being 86 ayes, 40 nays; the motion to table prevails. Members, we're going page 30. Clerk will read the amendment.
THE CLERK: Amendment by King of Parker.
THE CHAIR: Chair recognizes Representative King of Parker to explain his amendment.
REPRESENTATIVE SUSAN KING: Thank you, Mr. Speaker. Members, I mentioned on the earlier amendment that there would be times that I had fought with the Railroad Commission. Well, this is one of the things that I kind of fought with them about at one point. And I'm hoping maybe we can fix the problem. I had -- And I was unaware of this, but about a year ago I had four elderly gentlemen come into my office, all over 71, in his 80s. And they explained to me that they had, over these years, developed a relationship with the drillers. You know, when they drill a well one of the after products is mud, and not the cracked highly chemical stuff they have to dispose of in injection wells, but it's mud, it's water based, it's tested for
(inaudible), it's clean. And traditionally, for decades and decades, and decades, what ranchers do is they allow them to dump it on their property. They get it plowed in, a lot of times it's actually beneficial for the soil and grazing in areas where you have very little topsoil, and it's a good deal. Well, these guys, and all across the state, of course, developed cottage industries where they would get paid $3,000 or $4,000 if someone drilled a Barnett Shale well. They would try to work out a relationship with the rancher next door or the rancher there, they would get paid $3,000 or $4,000 to dump that mud on that property. And, it was a nice little cottage industry. And these guys would tell me they were making $15,000 to $25,000 a year doing this. Took about five acres for one well, and there were restrictions and regulations, and they had to have what's called a minor permit for this kind of stuff. Well, for some reason, the Railroad Commission decided to change the interpretation of that and only allow you to do that basically if you are a large commercial operation, a full mud farm; commercial mud farm. Well, that did two things. It kind of put the little guy out of business, where he was able make some money on the side. But it also meant from a public policy standpoint that these trucks, which are a real problem in these rural communities, carrying that heavy load, driving up and down that little road, a serious issue that we are having to deal with, and now they are having to drive larger distances to get to a commercial mud farm. And this simply takes us back to the rules that were in place about a year ago. I can go into a lot of a lot more detail if anyone wants. I haven't heard any opposition to this, but I think it will simply allow the commercial farms to continue to operate. Yeah, they're going to get a little competition from the rancher next door, but, you know, that's okay. And I believe that this is acceptable to the author.
THE CHAIR: Representative King sends up an amendment. The amendment is acceptable to the author. Is there objection? Hearing none. The amendment is adopted. Chair recognizes Representative Guillen for an announcement.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, I request permission for the Committee on Culture, Recreation and Tourism to meet while the House is in session at 3:15 p.m. today, April 28th, 2011, at 3W209 to consider HJR 127 and to consider pending business.
THE CHAIR: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Following announcement. The clerk will read the announcement.
THE CLERK: The Committee on Culture, Recreation and Tourism will meet at 3:15 p.m. on April 28th, 2011, at 3W.9. That will be formal meeting to consider HCR 127 and pending business.
THE CHAIR: Members, we're going to page 32 in your packet. Following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Farrar.
THE CHAIR: Chair recognizes Representative Farrar to explain her amendment.
REPRESENTATIVE JESSICA FARRAR: Mr. Speaker and members, this amendment asks the Railroad -- or the new commission, to begin collecting groundwater use data from the oil and gas industry. Both water used until the industry is used in enhanced oil recovery techniques, such as hydraulic fracturing in the Barnett Shale. To make supporting easier on the industry, the commission could accept estimates of water use. The commission would share data with the Texas Water Development Board, and this would aid in statewide water planning. Right now the Texas Water Development Board has to estimate water usage by the industry. The Water Development Board estimates that 3 percent of all groundwater used in the Barnett Shale region is used by the oil and gas industry. This number could increase to 13 percent by 2025. As groundwater use by the industry increases, it's important that we gather real data about that use.
THE CHAIR: Chair recognizes Representative Ritter to speak against the amendment.
REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker. Members, members, this is almost identical to a bill that we heard in committee. It actually comes from our friends at the Sierra Club. And during the last interim, and what we learned was that the groundwater districts, by rule, can adopt rule and get this information on a monthly basis. And they are starting to do that now. We have companies like Exxon, Mobil, Chesapeake and such that are doing it with -- in the areas that they're working with. So we're seeing this grow and become part of. What Jessica, Ms. Farrar's, amendment does is it requires the Railroad Commission to adopt rules which will have a fiscal note, because they'll probably have to have somebody (inaudible) Jessica, what I'm assuming. But the truth is it will require them to do it, the information. They'll have to get and it and they will get it to the Texas Water Development Board and then they'll have to go somehow back down to the groundwater districts, instead of the way we're doing it right now, the groundwater districts get it and it could go up from there. One of the things we did learn is that it averages about 17-acre feet of water per one of these drilling sites. With that, I would ask for a --
REPRESENTATIVE DOUG MILLER: Mr. Speaker?
THE CHAIR: Representative Miller, for what purpose?
REPRESENTATIVE ALLAN RITTER: I'd be happy to.
THE CHAIR: He yields.
REPRESENTATIVE DOUG MILLER: Representativ e Ritter, are you talking about section 36.116 under the water code, where the authority address?
REPRESENTATIVE ALLAN RITTER: I believe that's correct.
REPRESENTATIVE DOUG MILLER: So this would be a duplication of effort, is that correct?
REPRESENTATIVE ALLAN RITTER: That's correct, sir.
REPRESENTATIVE DOUG MILLER: All right. I think that you make a good point and -- on this issue, that it's not necessary. Thank you, sir.
REPRESENTATIVE ALLAN RITTER: With that, I'd ask for a motion to table, Mr. Speaker.
THE CHAIR: Is there anyone else wishing to speak for or against the Farrar amendment? Chair recognizes Representative Farrar to close.
REPRESENTATIVE JESSICA FARRAR: I don't know how much more I could add to that, except that I would ask that you vote no on the motion to table.
THE CHAIR: Representative Farrar sends up an amendment. Representative Ritter moves to table. The question is on the motion to table. Vote aye, vote nay, members. Clerk will ring the bell. Show Representative Farrar voting nay. Show representative Ritter voting aye. Have all voted? Show Representative Anchia voting no. Have all voted? All voted. Being 96 ayes, 37 nays; the motion to table prevails. Members, the amendment on page 33 is going to be temporarily withdrawn. Let's go to page 36. Page 36. Clerk will read the amendment.
THE CLERK: Amendment by Martinez Fischer.
THE CHAIR: Chair recognizes Representative Martinez Fischer to explain his amendment. Members, the Martinez Fischer amendment is temporarily withdrawn. Members, the amendment on page 48 is withdrawn. Members, let's go to page 51, amendment on page 51. Clerk will read the amendment.
THE CLERK: Amendment by Burnam. Chair recognizes Representative Burnam to explain his amendment. Chair recognizes Representative Burnam to explain his amendment.
REPRESENTATIVE LON BURNAM: Mr. Chairman, members, this amendment is one of five that I have filed today. This amendment is almost identical to a bill that has been stuck in Energy Resources, and not able to get a fifth vote to get it out. This amendment, as a bill, had support from Vicky Truitt and most of the municipalities in her district. Rodney Ellis -- I mean, excuse me, Rodney Henderson and the municipality of Grand Prairie, and it has many joint authors on the bill. Grand Prairie, Carson City, (inaudible) Mound; many of the municipalities in the Barnett Shale that have presumed to exercise the right as a municipality to regulate the routing of pipe lines in their communities. They have presumed to suggest that maybe the public interest should be taken into consideration, and not only eminent domain issues. These municipalities have either been sued or threatened with lawsuits for the presumption of presuming to try to protect the health and safety of their constituents. Contrary to other testimony that you've heard today, in this instance there are over 20 municipalities in the two county area of Denton County and Tarrant County that want this in law. They are tired of the bullies in the block abusing them with idle threats of lawsuits. Now, almost everybody in here is on record as supporting lawsuit reform. You're not going to see me carrying a whole lot of legislation about lawsuit reform, but this amendment is designed to reduce unnecessary and inappropriate lawsuits and threats of lawsuits by corporations that have more money than many of the municipalities that are trying to regulate them. That's not right. We need to keep the playing field -- Just one moment.
THE CHAIR: Mr. Howard, for what purpose?
REPRESENTATIVE CHARLIE HOWARD: I'd like to ask the gentleman a question.
THE CHAIR: Do you yield?
REPRESENTATIVE LON BURNAM: In just a moment. Not at this time, Representative Howard. It's not right that these mega corporations, many of whom are corporate interests out of the State of Texas have so much money in their legal coffers that they can threaten at will any number of municipalities to completely undermine their local budgets. These municipalities are put in the position of defending their rights as municipalities established in the State of Texas, to regulate for health and safety. They have had their entire municipality budgets put at risk because of the boorish, bully nature of the way the corporations are behaving. I would gladly yield.
REPRESENTATIVE CHARLIE HOWARD: Mr. Burnam , the way that I understand it, you're asking the municipalities about the ordinances -- the regular commission has the authority over and, if that's the case, this violates Rule 11, Section 2. Mr. Speaker? Rule -- Point of order violation.
THE CHAIR: Bring your point of order down front. Members, Representative Burnam temporarily withdraws his amendment. Representative Howard temporarily withdraws his point of order.
REPRESENTATIVE FISCHER MARTINEZ: Mr. Speaker?
THE CHAIR: Yes, for what purpose?
REPRESENTATIVE FISCHER MARTINEZ: I raise a point of order on Senate Bill 655 under Rule 4, Section 18A, Rule 4, Section 32B.
THE CHAIR: Bring your point of order down front. Members, the House is going to stand at ease for about ten minutes, until 2:40. Chair recognizes Representative Huberty for an announcement.
REPRESENTATIVE DAN HUBERTY: Thank you, Mr. Speaker. Today I had a small group of individuals from my home, my district. The Christian School of Kingwood was here, and I'd just like to thank them for attending and being here. And I know they're on their tour right now, and their tour guide is asking them to leave. Thank you very much for coming here. I appreciate your being here. Welcome to your Texas House.
THE CHAIR: Representative Martinez Fischer raises a point of order on consideration of SB 655, Section -- Rule 4, Section 18A. The point of order is respectfully sustained. Representative Hartnett, for what purpose?
REPRESENTATIVE WILL HARNETT: Mr. Speaker?
THE CHAIR: Yes, for what purpose?
REPRESENTATIVE WILL HARNETT: I really think it's inappropriate to have these points of order called after hours of debate. Will the Chair recognize me to make a motion to suspend all unnecessary rules to take up and consider Senate Bill 655 right now?
THE CHAIR: Not at this time, Mr. Hartnett. But your point is well taken. Chair announces the signing of the following in the presence of the House:
THE CLERK: SB 416, SB 488, SB 605, SB 630, SB 692, SB 729, SB 777, SB 873, SB 874, SB 914, SB 1230, SCR 43, SCR 44, SCR 48.
THE CHAIR: Members, we are going to do our third readings. I need Representative Solomons at the mike, please, for third reading. Chair calls up on third reading House Bill 150. Clerk will read the bill.
THE CLERK: HB 150 by Solomons. Relating to the composition of the districts for the election of members of the Texas House of Representatives.
THE CHAIR: Chair recognizes Representative Solomons to lay out his bill.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker. Members, this is the redistricting bill we spent so many hours on yesterday. I believe there is a one, or possibly two agreed to tweaking type of amendments that will be acceptable to the author. And so, at that point then I'll entertain any questions or lay out anything we need to lay out or discuss.
(The House stands in recess.)
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Pitts for an announcement.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, the Appropriations Committee is going to have their committee picture at 3:00 o'clock in the committee -- in the Speaker's Press Room at 3:00 o'clock. Thank you.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Keffer for a motion.
REPRESENTATIVE JAMES KEFFER: Thank you, Mr. Speaker. I request permission for the Committee on Energy Resources to meet while the House is in session at 3:30 p.m. April 28, 2011, at 1W.14 to consider Senate Bill 655.
REPRESENTATIVE JOE STRAUS: 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 Energy Resources will meet at 3:30 p.m. on April 28th, 2011, at 1W.14. This will be a formal meeting to consider SB 655 and other pending business.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Jackson for a motion.
REPRESENTATIVE JIM JACKSON: Members, I move to suspend all necessary rules, and the five day posting rule, to allow the Committee on Judiciary and Civil Jurisprudence to meet and consider SB 43, House Bill 352, HB 823, House Bill 910, House Bill 1777, House Bill 2096, House Bill 2415, House Bill 2492, House Bill 2531, House Bill 2876, House Bill 3123, House Bill 3454, House Bill 3562, House Bill 3856, House Bill 3858 and pending business at 2:00 o'clock or upon adjournment, April 28th, 2011, at E2036.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Ritter for a motion.
REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker. Members, I request permission for the Committee on Natural Resources to meet while the House is in session at 3:40 p.m., April 28th, 2011, in 1W.14 to consider House Bill 1547, Senate Bill 843, Senate Bill 942, Senate Bill 1147, Senate Bill 1492, Senate Bill 271, Senate Bill 656, Senate Bill 1082, Senate Bill 1140 and other pending business.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gallego for a motion.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. I move to request permission for the Committee on Criminal Jurisprudence to meet while the House is in session, at 4:30 p.m. today, April the 28th, in room 3W9 to consider pending business.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Following announcements. Clerk will read the announcements.
THE CLERK: The Committee on Natural Resources will meet at 2:40 p.m. on April 28th, 2011, at 1W.14. This will be a formal meeting to consider House Bill 1547, Senate Bill 843, Senate Bill 942, Senate Bill 1147, Senate Bill 1492, Senate Bill 271, Senate Bill 656, Senate Bill 1082, Senate Bill 1140 and other pending business. The Committee on Jurisprudence will meet at 4:30 p.m. today, April 28th, at 3W.9. This will be a formal meeting to consider pending business. The Committee on Judiciary and Civil Jurisprudence will meet at 2:00 p.m., or upon final adjournment, April 28th, 2011, at E2.036. That will be a public hearing to consider SB 43, House Bill 352, HB 823, House Bill 910, House Bill 1777, House Bill 2096, House Bill 2415, House Bill 2492, House Bill 2531, House Bill 2876, House Bill 3123, House Bill 3454, House Bill 3562, House Bill 3856, House Bill 3858 and other pending business.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Deshotel.
REPRESENTATIVE JOE DESHOTEL: Thank you, Mr. Speaker. I request permission for the Committee on Business and Industry to meet while the House is in session at 5:00 p.m., today, April 28, 2011, in room 3W to consider SB 328 and pending business. This is a formal meeting.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Members , I move to request permission to grant the Committee on Ways and Means to meet while the House is in session at 3:30, today, April 28th, 2011, in 3W.15 to consider pending business.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Following announcements. The clerk will read the announcements.
THE CLERK: The Committee on Ways and Means will meet at 3:30 p.m. on April 28th, 2011, at 3W.15. That will be formal meeting to consider mending business. The Committee on Business and Industry will meet at 5:00 p.m. on April 28th, 2011, at 3W.9. This will be formal meeting to consider SB 328 and pending business.
REPRESENTATIVE JOE STRAUS: Members, we're waiting for a amendment to be scanned into the system. Hopefully, we'll get on the bill shortly. Is Representative Hunter on the floor of the House?
THE CHAIR: Chair recognizes Representative Hartnett for an introduction.
REPRESENTATIVE WILL HARNETT: Thank you, Mr. Speaker. Members, I have a delegation of seventh graders from Irving, Texas, from (inaudible) Prep School, which is where I graduated; attended for many years. And I have my son in the northeast corner of the gallery. Would you boys stand up and we'll give you a warm welcome? Thank you for coming.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Aycock and Allen for an announcement.
REPRESENTATIVE JIMMIE DON AYCOCK: Members, we have the results of the Wee Bowling Tournament from last night, and I know that most of the members couldn't come, because we were here until the wee hours of the morning. But some of our staff participated and were able to begin win good equipment for -- equipment to be donated to a Boys and Girls Club of the choice of the winning offices and --
REPRESENTATIVE ALMA ALLEN: And we want to say some special thank yous to our supporters on yesterday. A special thank you Time Warner Cable, Susan Patten, The Texas Association of Business, Cassidy
(inaudible), David Anderson, (inaudible) LLP, at Mark Van, Wal-Mart and Rent-a-Center and --
REPRESENTATIVE JIMMIE DON AYCOCK: (Inaudi ble) and Associates, Dan Sleeter and Eric Glenn, the Texas Gaming Association, the Lieu Science, the Honorable Rick Hardcastle participated and provided help with it, the Honorable Ken Legler.
REPRESENTATIVE ALMA ALLEN: And Bob Turner, Kelly Macbeth, Tom Spillman and Jay Arnold.
REPRESENTATIVE JIMMIE DON AYCOCK: Thank you to all these people. And the lucky winner for the Boys and Girls Club of your choice are --
REPRESENTATIVE ALMA ALLEN: Representative Joe Driver, District 113. Give him a hand.
REPRESENTATIVE JIMMIE DON AYCOCK: Represe ntative Warren Chisum, District 88. And pick a Boys and Girls Club of his choice and I'll read this one.
REPRESENTATIVE ALMA ALLEN: You'll read the winner here.
REPRESENTATIVE JIMMIE DON AYCOCK: Represe ntative Allen office's, 131 gets the (inaudible).
REPRESENTATIVE ALMA ALLEN: Something for the Boys and Girls Club.
REPRESENTATIVE JIMMIE DON AYCOCK: Thank you for participating.
REPRESENTATIVE ALMA ALLEN: Thank you very much, and we look forward to the next session. Wee.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: Members. Thank you, Mr. Speaker. Members, this is, as I said before, this is the redistricting bill that we had so many hours of debate yesterday. I think there's two, three agreed to amendments that help make the bill better, and they'll be acceptable to the author, I believe.
REPRESENTATIVE JOE STRAUS: The following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Creighton.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Creighton.
REPRESENTATIVE BRANDON CREIGHTON: Mr. Speaker, members, Representative Eissler and I have agreed upon a change to a precinct in my district, and it's acceptable to the author. Thank you very much.
REPRESENTATIVE JOE STRAUS: Representative Creighton sends up an amendment, the amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Members, these are the first of two amendments by Mr. Raymond. Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Raymond.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker. Members, this is a technical amendment that Representative King and I, when the committee approved the map they took the Laredo energy arena, which is like the Erwin Center and inadvertently put it into District 80, which is Tracy King's district. So Mr. King generously agreed that it should be in the Laredo district. It has no people. And it is acceptable to Mr. Solomons. Move passage.
REPRESENTATIVE JOE STRAUS: Representative Raymond sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment. Clerk, read the amendment.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker. Members, the second amendment, the same thing. Again --
THE CLERK: Amendment by Raymond.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker. Members, again, this is the same thing. When the committee approved the proposed map they took the Casablanca State Park, which is a State Park in Laredo, and inadvertently put it into the proposed District 80. Mr. King has generously agreed that the Casablanca State Park should stay in the Laredo District, and so we transferred the lake, the park and eight people back into the Laredo district. It is acceptable to Mr. King and also to Chairman Solomons. Move adoption.
REPRESENTATIVE JOE STRAUS: Representative Raymond sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. Clerk, read the amendment.
THE CLERK: Amendment by Thompson.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Thompson. Chair recognizes Representative Smith.
REPRESENTATIVE TODD SMITH: Thank you, Mr. Speaker and members. This amendment in Harris County only affects Harris County and takes Districts 126, 127 128, 139, 141, 142, 143 and 150. It's acceptable to the author and it's agreed upon amendment to the Harris County map. And I think it's agreeable to the author.
REPRESENTATIVE JOE STRAUS: Members, plan 281 is on the screen. Chair recognizes Representative Smith.
REPRESENTATIVE TODD SMITH: Move passage.
REPRESENTATIVE JOE STRAUS: Mr. Smith sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Members, we're waiting for an amendment to be drafted. Chair recognizes Representative White for a recognition.
REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker. Today in our House gallery we're blessed and honored to have in our presence one of the best county clerks in all of east Texas. County Clerk Denise Gregory, if you could -- Oh, she walked out. Oh, okay. Yeah, she wasn't supposed to walk out. Okay. Okay. There she is right there. County Clerk Denise Gregory, thank you for coming to the your House. Thank you. Thank you, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Ms. Giddings, for what purpose?
REPRESENTATIVE HELEN GIDDINGS: Parliament ary inquiry.
REPRESENTATIVE JOE STRAUS: State your inquiry.
REPRESENTATIVE HELEN GIDDINGS: Would this be a good time to get any changes in terms of an amendment that I needed for my district. It seems to be wholesale amendment time.
REPRESENTATIVE JOE STRAUS: Thank you for your question. Representative Veasey, for what purpose?
REPRESENTATIVE MARC VEASEY: Parliamentary inquiry.
REPRESENTATIVE JOE STRAUS: State your inquiry.
REPRESENTATIVE MARC VEASEY: While we are at intermission, would the gentleman from (inaudible) County be willing to answer a question about the other redistricting bills that we'll have to take up?
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: Yeah, sure.
REPRESENTATIVE MARC VEASEY: Representative Solomons, there was an article in one of the newspapers that stated that Congressman Smith had delivered a map, a congressional map to you and to the House; and I was wondering when were you planning on unveiling that particular map or when do you think that the House or the committee will take that up?
REPRESENTATIVE BURT SOLOMONS: I have no idea yet. I actually haven't read the article and haven't seen the map.
REPRESENTATIVE MARC VEASEY: Okay. So you have not seen the map?
REPRESENTATIVE BURT SOLOMONS: I have spent the last week, in particular, in fact, longer than that, just dealing with a 150 districts. When I finish this on third reading and get through legislation that I'm working on today, and then when I go through today, and I'm fresher tomorrow, then I'll start paying attention to what's going on on congress redistricting.
REPRESENTATIVE MARC VEASEY: Okay. I just know -- Now that this is pretty much passed --
REPRESENTATIVE BURT SOLOMONS: And just so that you know, and the so the House knows, and so the public knows, I have no intention because there's some resumer going on, apparently, that I'm somehow magically dropping a map out for public view tomorrow. That is not my intention. I haven't even looked at a congressional map yet. And the earliest that anyone would be able to do anything, including me and my staff, would probably be next week at the earliest.
REPRESENTATIVE MARC VEASEY: That's what I was asking. I just wanted to make sure we weren't caught flat footed. Thank you.
REPRESENTATIVE BURT SOLOMONS: Thank you.
REPRESENTATIVE RAPHAEL ANCHIA: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Anchia, for what purpose?
REPRESENTATIVE RAPHAEL ANCHIA: Will the gentleman yield?
REPRESENTATIVE BURT SOLOMONS: Of course.
REPRESENTATIVE JOE STRAUS: Gentleman yields.
REPRESENTATIVE RAPHAEL ANCHIA: Earlier you said you were not feeling very fresh? You said tomorrow you may be feeling fresher. Are you not feeling fresh right now?
REPRESENTATIVE BURT SOLOMONS: I will be feeling a little less tired, yes, I hope so.
REPRESENTATIVE RAPHAEL ANCHIA: Using the word fresh, I was just wondering if you had some problems that maybe somebody could help you with.
REPRESENTATIVE BURT SOLOMONS: With freshness?
REPRESENTATIVE RAPHAEL ANCHIA: Yeah.
REPRESENTATIVE BURT SOLOMONS: No, actually, I'm pretty fresh other than in that context. Thank you. I appreciate that.
REPRESENTATIVE JOE STRAUS: Ms. Giddings, for what purpose?
REPRESENTATIVE HELEN GIDDINGS: Mr. Speaker, will the gentleman yield for a question?
REPRESENTATIVE JOE STRAUS: Mr. Solomons, do you yield?
REPRESENTATIVE BURT SOLOMONS: Absolutely.
REPRESENTATIVE HELEN GIDDINGS: Chairman Solomons, last night you recall that I mentioned President George W. Bush signing this extension into law in July of 2006?
REPRESENTATIVE BURT SOLOMONS: Yes, ma'am.
REPRESENTATIVE HELEN GIDDINGS: And a member asked me why I thought he might not have been as supportive initially. You recall that conversation, yes? And I just wanted to clear up that I was really very complimentary to the president, because I think if President Bush had not gotten out front on this measure to begin with it would have a lot more difficult to pass, because it was something of a partisan issue at that time. And do you mind if I just read a little bit from his press release at the White House on the date of that signing?
REPRESENTATIVE BURT SOLOMONS: No, ma'am. I know you were intending to be complimenting to President Bush.
REPRESENTATIVE HELEN GIDDINGS: Well, thank you very much. It says: Today the president signed into law the Fanny Lou Hamer, Rosa Parks and Coretta Scott King Voting Rights Act (inaudible) Authorization and Amendment of 2006. The Voting Rights Act of 1965 was designed to restore the birthright of every American to choose our leaders, and it has been vital to guaranteeing in the right to vote for generations of Americans and has helped millions of our citizens enjoy the full promise of freedom. Thank you, Mr. Chairman.
REPRESENTATIVE JOE STRAUS: Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Allen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: Mr. Speaker, Mr. Chairman and members, this is Amendment 13. It is a technical amendment to keep the -- my office in my district. It only changes my district, which is 131, and Representative Miles' district, and it is acceptable to Mr. Miles and to the author. Thank you.
REPRESENTATIVE JOE STRAUS: Representative Allen sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: I'm ready to close, but I think Ms. Davis has a couple of questions. I yield.
REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker. Will the gentleman yield for a couple of questions?
REPRESENTATIVE JOE STRAUS: Mr. Solomons, do you yield?
REPRESENTATIVE BURT SOLOMONS: I yield.
REPRESENTATIVE YVONNE DAVIS: Thank you Chairman Solomons. I appreciate your yielding. I wanted to go back and revisit some discussion we had last night as it relates to the Texas Legislative Black Caucus Plan 202.
REPRESENTATIVE BURT SOLOMONS: Yes, ma'am.
REPRESENTATIVE YVONNE DAVIS: You indicated that you thought one of the primary reasons you thought it violated the county line rule, because of splitting of county lines; it posed a problem. We projected it as a map that created an additional -- posed additional districts, minority districts, in the State of Texas. And you said that was problem, because of the county line being split, and until adjudication had been done, adjudication, it would be hard to see if it was constitutional; is that right? Do you remember that conversation?
REPRESENTATIVE BURT SOLOMONS: Well, on Plan 202 I mentioned -- I wanted to basically respond to you by saying that the amendment was problematic, because it splits the counties unnecessarily in violation of the Texas Constitution. Specifically, it's splitting Oasis county in four ways and Cameron County in three ways. It also unnecessarily splits up (inaudible) County, Wilson County, Goliet County and Victoria County. And finally it splits up Henderson and Hill counties, and you don't need to split those. So as a result, those splits will, we believe, will all violate the Texas Constitution, because the committee map complies with the Texas Constitution, and we believe the Voting Rights Act, any map that violates that Texas Constitution is not a legal map, in our opinion. And so that's why I would move to table the amendment, primarily.
REPRESENTATIVE YVONNE DAVIS: Well, I understood that was the basis of your saying that you were moving to table. So I wanted to come back to that, because we found cases where the Supreme Court has ruled on the issue, in Bartlett v. Strickland, where it basically says that the Court has (inaudible) 50 percent voting age population to overcome the state constitutional ban. And, therefore, you could do it if, in fact, you were over the 50 percent level. And those counties like Cameron County,
(inaudible) and Hidalgo and Cameron actually exceeded the 50 percent guideline, which allows you then to be able to split those, and we wanted to make sure that was on the record. And based on this court case you are able to use splitting counties. And I just didn't want to leave that as though we had not considered that as it relates to our map, because we exceeded the 50 percent threshold that you have to exceed in order to split county lines.
REPRESENTATIVE BURT SOLOMONS: And now that you found that case law, and we didn't know that case law, that's fine. But, at the end of the day, it's both in the record. And now we'll resolve that later, I assume.
REPRESENTATIVE YVONNE DAVIS: Okay. And I just wanted to make sure that that was the primary reason that --
REPRESENTATIVE BURT SOLOMONS: One of the -- The amendment, the primary reason in the amendment was problematic because of that issue. Yes, ma'am. Thank you.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak on, for, or against House Bill 150? Mr. Cain? Chair recognizes Representative Cain.
REPRESENTATIVE ERWIN CAIN: Mr. Speaker, members, I rise in opposition to House Bill 150. I approached redistricting with a heartfelt desire to create a fair and legal map that protects incumbents, that preserves core districts and communities of interest. The chairman in the committee no doubt did a lot of hard work to draw this map. I first saw my map when the full map was published. I was paired with my good friend and conservative colleague, Dan Flynn. And my first reaction that was at least there will be a conservative in my district. But when I looked harder at the map I grew for very concerned for Texas. It's a momental event for legislators to be able to draw districts. So with that honor comes a high level of discomfort. As legislators responsible for these decisions, we have to tell some of our roommates and our committee mates and our desk mates and our friends, you may not be coming back to this House. That process is hard. This map made that harder and unnecessarily painful. There were too many unnecessary pairings, and of those who weren't paired there were over a dozen districts, Democrats and Republicans alike that were so eviscerated that incumbents were running virtually in a new district. There were too many unnecessary open seats. There were concerns over fractured core districts and breaking up communities of interest. The map was riddled with problems. So I, and several others, went to work on another map to correct some of those problems. We encouraged members to participate. We have tried to accommodate every request. We published the Nixon map and then the final Cain map. I'd like to believe that the presence of our map was a catalyst for some of the good amendments that were accepted yesterday. The Solomon map got better in Houston, west Texas and in other areas. East Texas representative has tried to compromise and fix east Texas. And you heard last night why we could not get that done. East Texas representatives had virtually no input into the districts that were drawn in east Texas. It's no wonder that six of the ten Republicans that voted against this bill were from northeast Texas. So east Texas is left with almost every core district being deconstructed. My district alone was divided into four districts. Another district, relatively compact, was stretched over a hundred miles. Communities of interest were fractured. This map simply does not represent the views of the voters of northeast Texas. And, members, in my humble opinion, this map does not, in the end, represent the interest of all Texans. So, I ask you, if you voted last night against House Bill 150, I ask you to vote against it again. And if you voted for it, because of timidity or intimidation or any other wrong reason, I ask you to reconsider your vote and vote against. And it if you voted for it because you had a reasonably good district I ask you to reconsider your vote. I ask you to remember why you came to the House in the first place, to do the right thing, to do the honorable thing by the people of Texas. I ask you to think about what is in the best interest for Texans, who we represent. We can do better for Texans. There can be a better map. Much better. Please vote no with me on House Bill 150. Thank you.
REPRESENTATIVE WAYNE CHRISTIAN : Madam Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Christian, for what purpose?
REPRESENTATIVE WAYNE CHRISTIAN : Excuse me, Mr. Speaker. I move that the remarks Mr. Cain just made be reduced to writing and produced in the journal, please.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Raymond for a motion.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker. Members, I move to reconsider the vote by which -- the vote by which Plan H277 was adopted.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, we're now on Mr. Raymond's plan H277.
REPRESENTATIVE RICHARD RAYMOND: Members, in simply withdrawing the second amendment that I did a little while ago, it was an extraneous amendment that we did not need after all. Thank you.
REPRESENTATIVE JOE STRAUS: Members, Representative Raymond moves to withdraw Plan 2H277. Is there objection? Chair hears none. So ordered. Anyone else wishing to speak for or against House Bill 150? Chair recognizes Representative Solomons to close.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker. Members, I want to thank all the members once again, and the all the regions who actually did participate and actually produced their versions of where they wanted things and for their region. We actually did reach out, my staff and I did reach out quite a bit, to all regions. Not everyone in redistricting is happy, by any means. I found that this is a very difficult job and I appreciate again all your courtesy. I move passage.
REPRESENTATIVE JOE STRAUS: Question occurs on final passage of House Bill 150. It's a record vote. The clerk will ring the bell. Have all voted? Have all members voted? Members, you'll have plenty of time to vote. Have all voted? Show Mr. Coleman voting no. Show Mr. Chisum voting aye. Have all voted? Being 92 ayes, 54 nays, 3 present not voting; House Bill 150 is finally passed. Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker and members, we have had a lot of inquiries about your schedule, so I will provide you planning. There is no calendar set for Saturday, but it is all dependent on getting through your calendar tomorrow. Next week's plan to be on full calendars, along with myself and Chairman Thompson, Monday through Saturday. So this week is Friday, we get our work done. No Saturday. And then be ready Monday through Saturday next week. Members, May 9th is the last day bills are reported out of committee that are House Bills, and the last calendar day is May 12th. So make sure that you're following your schedule. Thank you, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Chair lays out as a matter of postponed business HB 1825 on second reading. The clerk will read the bill.
THE CLERK: HB 1825 by Price. Relating to permit application and amendment hearings conducting by groundwater conservation districts and the State Office of Administrative Hearings.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Price.
REPRESENTATIVE WALTER PRICE: Thank you, Mr. Speaker. Senate Bill 693 is over and eligible.
REPRESENTATIVE JOE STRAUS: Members, Senate Companion House Bill 1825 is over and eligible. Accordingly, Chair lays out SB 693. Clerk, read the bill.
THE CLERK: SB 693 by Estes. Relating to permit application and amendment hearings conducted by groundwater conservation districts and the State Office of Administrative Hearings.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Price.
REPRESENTATIVE WALTER PRICE: Thank you, Mr. Speaker. This bill allows parties in contested related to groundwater conservation districts, regarding applications or amendments to request hearings before the State Office of Administrative Hearings. This process injects impartiality and allows for creation of better records for parties. Move passage.
REPRESENTATIVE JOE STRAUS: Is anyone wishing to speak for or against SB 693? Question occurs on passage to engrossment of Senate Bill 693. All those in favor say aye, all those opposed nay. The ayes have it. Senate Bill 693 is passed to engrossment. Representative Price moves to lay House Bill 1825 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business House Bill 1890 on second reading. Clerk, read the bill.
THE CLERK: HB 1890 by Fletcher. Relating to the offense of prohibited
(inaudible) solicitation liability for continue it be contract for legal services and Attorney General prosecution of certain offenses.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Thank you, Mr. Speaker. Members, I move to postpone further consideration of House Bill 1890 until a time certain, Wednesday, May 4th, at 8:00 a.m.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading, as a matter of postponed business, House Bill 397. Clerk, read the bill.
THE CLERK: HB 397 by Gonzales of Hidalgo. Relating to the creation of the Bureau for Economic Development of the Border Region.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gonzales.
REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker. Members, a large part of our Texas economy is comprised of activity along the international border. In fact, Texas has been the top importer for the past eight years with Mexico being our largest trade partner, and 80 percent of 332 billion in trade between the U.S. and Mexico passing through our ports of entry along the border. Each of you are aware the violence across the border in Mexico, and the importance of securing our safety. But what you might not know is that the situation in Mexico has had a direct impact on our border economy and, therefore, on the Texas economy. This bill creates a bureau for economic development of the border region, to study and provide recommendation to the legislature about ways to improve economic development in the border region. The bureau provides for membership by appointment from various persons and entities, including the speaker, the lieutenant governor, and members that head up the committees on border; as well as the higher educational institution as chosen by the house of bureau. There is no fiscal note no fees paid to the members and the costs are absorbed by the higher institution -- institution of higher learning that agrees to house the bureau. I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 397? The question occurs on passage to engrossment of House Bill 397. All those in favor say aye, all those opposed say nay. The ayes -- Record vote's been requested. Record vote is granted. Clerk, ring the bell. Have all voted? Have all members voted? Being 57 ayes, 86 nays; House Bill 397 fails to pass. Chair lays out on third reading, as a matter of postponed business, HB 2495. Clerk will read the bill.
THE CLERK: HB 2495 by Hernandez Luna. Relating to cemeteries and perpetual care cemetery corporations.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hernandez Luna.
REPRESENTATIVE ANA HERNANDEZ LUNA: Thank you, Mr. Speaker. Members, this is the bill that we passed two days ago, which would amend applicable provisions relating to cemeteries and perpetual care cemetery corporations. I move passage.
REPRESENTATIVE JOE STRAUS: Mr. Miller, for what purpose?
REPRESENTATIVE SID MILLER: Mr. Speaker, will the lady yield?
REPRESENTATIVE JOE STRAUS: Do you yield? I yield.
REPRESENTATIVE SID MILLER: On page 13 of your bill, what happens when this is taken over if there's not enough funds to maintain the care of the cemetery? Who is responsible for the upkeep of cemetery if it's -- if the fund falls below 75,000? Whose responsibility is it now if they turned the cemetery in?
REPRESENTATIVE ANA LUNA HERNANDEZ: If it's a corporation that's over -- they can -- they can pay for -- for expenses, but not pay the receivership.
REPRESENTATIVE SID MILLER: Okay. Let me explain. When -- When the corporation surrenders a certificate of authority to the banking commission, but -- when the corporation --
REPRESENTATIVE ANA LUNA HERNANDEZ: (Inaud ible).
REPRESENTATIVE SID MILLER: Let me restate it for you. When the corporation is allowed to surrender their certificate of authority, but their perpetual care funds balance does not hold, it is below the 75,000, that's turned over; who is responsible for the perpetual care of that cemetery now and those funds that are not there? Whose responsibility is that?
REPRESENTATIVE ANA LUNA HERNANDEZ: The Texas Department of Banking takes over.
REPRESENTATIVE SID MILLER: Okay. So they are going to be responsible if that fund isn't 75,000, down to 5,000?
REPRESENTATIVE ANA LUNA HERNANDEZ: I've been advised by Mr. (inaudible) that that is the case.
REPRESENTATIVE SID MILLER: Okay. Wouldn't that not reflect a fiscal note on your bill, if we're going to be taking over the -- those surrendered certificates, and the state's going to have to pay the difference in those?
REPRESENTATIVE ANA LUNA HERNANDEZ: As far as I'm aware, there is no fiscal impact. After its been reviewed by LBB, there's no fiscal impact.
REPRESENTATIVE SID MILLER: So where does the money come from? I don't understand.
REPRESENTATIVE ANA LUNA HERNANDEZ: I imagine it's absorbed by the Texas Department of Banking. And an (inaudible) balance is from the funds. Mr. Speaker, if there are no further questions, I move passage.
REPRESENTATIVE SID MILLER: Mr. Speaker, could I request the author to postpone this bill for about 15 minutes until we get some questions answered, please?
REPRESENTATIVE JOE STRAUS: Ms. Hernandez Luna moves to postpone this bill until further consideration, until time certain 4:30. Is there objection? Chair hears none. So ordered. Chair lays out as matter of postponed business on second reading House Bill 2494.
UNIDENTIFIED SPEAKER: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Alonzo, for what purpose?
REPRESENTATIVE ROBERTO ALONZO: Yeah. I'd like to raise a point of order on House Bill 2494. 2494 in that it -- based on Rule 4, 32C.
REPRESENTATIVE JOE STRAUS: Bring your point of order down front. Chair lays out as a matter of postponed business, House Bill 2494 on second reading. Clerk will read the bill.
THE CLERK: HB 2494 by Legler. Relating to the recovery of fraudulently obtained unemployment benefits.
REPRESENTATIVE JOE STRAUS: Representative Alonzo raises a point of order. Representative Alonzo raises a point of order against further consideration of House Bill 2494. Rule 4, Section 32C, Chair has reviewed the bill on the bill analysis and believes the bill analysis is not substantially or materially misleading. Accordingly, the point of order respectfully -- respectfully overruled. Members, we're back on the bill.
REPRESENTATIVE KEN LEGLER: Thank you, Mr. Speaker. Members, I move to postpone House Bill 2494 until 7:59 a.m., Monday, May 2nd.
REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out as matter of postponed business on second reading House Bill 469. Clerk will read the bill.
THE CLERK: HB 469 by Callegari. Relating to the calculation of ad valorem taxes on the residence homestead of 110 percent or totally disabled veteran for the tax year in which the veteran qualifies or ceases to qualify for an exemption from taxation of the homestead.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker, members, House Bill 469 relates to the calculation of ad valorem taxes on the resident of a hundred percent and totally disabled veteran in the tax year in which the veteran qualifies or ceases to qualify. Move adoption.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 469? Question occurs on passage -- Chair recognizes Representative Miller.
REPRESENTATIVE SID MILLER: Mr. Chairman, members, this is Bill Caligari's bill. He happens to be off the floor on business. Mr Speaker, I move to postpone consideration of House Bill 469 until a time certain, Wednesday, May 4th, until 10:00 a.m. We're going to wait for the Senate Bill to come over at that time.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading a as matter of postponed business HB 234. Clerk will read the bill.
THE CLERK: HB 234 by Otto. Relating to liability for interest from ad valorem taxes on improvements to state taxation for a previous year.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Otto.
REPRESENTATIVE JOHN OTTO: Thank you Mr. Speaker. Members, I move to postpone consideration of House Bill 234 to Thursday, May 5th, at 10:00 a.m. We're waiting for the Senate Bill to become eligible, to come over here.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business House Bill 1435 for second reading. Clerk will read the bill.
THE CLERK: HB 1435 by Elkins. Relating to the participation by a taxing unit in a suit to compel an appraisal review board to order to change in an appraisal roll.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Elkins.
REPRESENTATIVE GARY ELKINS: Mr. Speaker, I make the motion that we postpone House Bill 135 to a time certain being, Tuesday, May 3rd at 10:00 a.m.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business HB 1390. Clerk will read the bill.
THE CLERK: HB 1390 by Deshotel. Relating to retainage under certain construction contracts.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Deshotel.
REPRESENTATIVE JOE DESHOTEL: Mr. Speaker, I move to postpone House Bill 1390 to tomorrow, 10:00 a.m., October -- April the 29th.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I request permission for the Committee on Calendars to meet while the House is in session at 4:40 p.m., April 28th, 2011, 1W14, to consider a calendar.
REPRESENTATIVE JOE STRAUS: 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 Calendars will meet at 4:40 p.m. on April 28th, 2011, at 1W.4. This will be a formal meeting to consider a calendar.
REPRESENTATIVE JOE STRAUS: Chair lays out on second reading House Bill 1915. Clerk will read the bill. Following announcements. The clerk will the announcements.
THE CLERK: The Committee on Calendars will meet at 4:40 p.m. at 4/28/2011 at 1W.14. This will be a formal meeting to consider a calendar.
REPRESENTATIVE JOE STRAUS: Chair lays out on second reading House Bill 1915. Clerk will read the bill.
THE CLERK: HB 1915 by Madden relating to abolishing The Texas Youth Commission and the Texas Juvenile Probation Commission and transferring the powers and duties of those agencies to the newly creating Texas Juvenile Justice Department to the functions of the independent ombudsman for the Texas Youth Commission.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker, members, Senate Bill is over and eligible.
REPRESENTATIVE JOE STRAUS: Members, Senate Companion to House Bill 1915 is over an eligible. Accordingly, Chair lays out SB 653. The clerk will read the bill.
THE CLERK: SB 653 by Whitmire. Relating to abolishing the Texas Youth Commission and the Texas Juvenile Probation Commission and transferring the powers and duties of those agencies to the newly created Texas Juvenile Justice Department and to the functions of the independent ombudsman for the Texas Youth Commission.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, this is a true Sunset bill. Currently, Texas has 664 youths at the Texas Youth Commission, which is down from over 5,000 we had when we came in here in our 2007 session. We have 1,070 juveniles on parole, and we have over 38,000 on juvenile probation, which is couple of thousand more than what we had in 2006. All of these are positive results of what we did in Senate Bill 103 in 2007. And the subsequent House Bill 3689 by Ms. McClendon in 2009. Senate Bill 653 is the next step that takes Texas from the point in 2007 where our Youth Commission was placed under conservatorship to the point where we will be the juvenile justice example for every state in the union by this time next year. We can all be proud of the steps we have taken and look with great pride at the next major step, and I will give you my assurance that the passage of Senate Bill 653, we will be there just like we are in the adult system, and we will be the positive example of the nation. Members, we started that journey here today. I do thank my great committee and a staff for all the work they have done in this bill. The bill consolidates the Texas Youth Commission and the Texas Probation Commission into the Texas Juvenile Justice Department with an effective date of 1 December. It sets up three groups: A transition team appointed by the governor to combine the agencies and their many functions. The transition team exists for only six months. A board is set up to oversight the agency appointed by the governor. An advisory group to make recommendations is also set up to make operational items, suggestions to the board, with several conditions that abide from the field. It continues to place all the functions and requirements created in Senate Bill 103 at our juvenile justice facilities. It keeps in place our inspector general and our independent ombudsman. Members, we have several perfecting amendments and I would like to go ahead and move to those.
REPRESENTATIVE JOE STRAUS: Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Would the gentleman yield?
REPRESENTATIVE JOE STRAUS: Gentleman yields.
REPRESENTATIVE JERRY MADDEN: I yield.
REPRESENTATIVE SYLVESTER TURNER: Chairman Madden, just for first, for the purposes of the process, you have substituted your bill for the Senate Bill. The Senate Bill is not before us.
REPRESENTATIVE JERRY MADDEN: That the Senate Bill is before us, the Senate Bill was brought over from the Senate in our House Committee. We substituted our language from House Bill 1915 into that -- into bull. But like we did, Sylvester, when we did Senate Bill 103, when it came over the first time. We substituted all the work that had been put in by the committee that was over here, we substituted that language into the bill. We subsequently made a couple of what I consider minor technical adjustments, to the bill, to correct a couple of things we found as errors, things that dealt with some of the refusal language and a couple other things that were --
REPRESENTATIVE SYLVESTER TURNER: Let me ask you, do the amendments that we found on your House Bill, do the amendments that we found on your House Bill, are they applicable to the Senate Bill?
REPRESENTATIVE JERRY MADDEN: They will be applicable. I believe I need to make a motion. So hang on. Yeah, Sylvester, I've been advised that we have, in fact, taken those House amendments that were pushed on the bill and they have been converted over into amendments on the Senate Bill and they will be scanned into the system as we move forward.
REPRESENTATIVE SYLVESTER TURNER: Because I was advised, for example, that one of the amendments that I had on the House Bill is not applicable to the --
REPRESENTATIVE JERRY MADDEN: It's language that when we -- When we did a perfected -- what I call the perfecting language, I believe we took care of one of those suggestions that you had and perfected the bill. And, specifically, one of one of your amendments I know deals with -- with the office -- with the reporting structure, and how reports are done at the agency. One of them deals specifically with the toll -- the calling system, the calling system and its operations. And we specifically have in there that we did -- the inspector general runs the toll line, the call-in line. So one of those you had, one of those others I believe you also basically --
REPRESENTATIVE SYLVESTER TURNER: So with respect to the bill that's on the floor, there is not a substantiative change between your bill and the bill that is now on the floor --
REPRESENTATIVE JERRY MADDEN: I believe that that's correct, Sylvester. One of the subjects, and I've got say one of the things we did is that we did remove the requirement that the department seek ACA accreditation. That's in the substituted. Someone might say that's not a technical thing, but I believe the other item certainly would have fit in the technical --
REPRESENTATIVE SYLVESTER TURNER: And the reason why I ask the question is that in bill was subject to a -- a -- what do you call it? The amendments had to be filed.
REPRESENTATIVE JERRY MADDEN: Yes, it had
(inaudible) because that was a --
REPRESENTATIVE SYLVESTER TURNER: The calendar rule that it had to be filed by 10:00 o'clock the day before.
REPRESENTATIVE JERRY MADDEN: That is correct.
REPRESENTATIVE SYLVESTER TURNER: And my kemp is if the amendment had to be filed by 10:00 o'clock the day before, but we are now dealing with a substitute that may be substantively different than what we had to file the amendment to. Then it kind of leaves us out in the cold.
REPRESENTATIVE JERRY MADDEN: I accept your statement. I don't believe, Sylvester, that there is anything outlaw that would have done any substantiative changes that would have -- you know, would have taken that into account. But I'm willing if you have some specifics you'd like to look at, I'd be more than willing to do that. We could clarify, for example, the juvenile case management system. We did -- We did substitute authorize the State Board of Education to grant charters for certain residential facilities for schools. I think that, you know, if -- if anybody would consider that substantive, I certainly would. I don't believe it does. I believe it's just amendments that would make it smoother.
REPRESENTATIVE SYLVESTER TURNER: And Chairman, I am -- you and I have talked a few times in reference to this particular bill.
REPRESENTATIVE JERRY MADDEN: We have.
REPRESENTATIVE SYLVESTER TURNER: And you know I have some serious concerns and some reservations about what we are doing.
REPRESENTATIVE JERRY MADDEN: I accept that. And, by the way, Sylvester, I will say that when we started the process I had some of those same concerns you had.
REPRESENTATIVE SYLVESTER TURNER: Right. Well -- And I appreciate that. And one of the reasons why I have concerns is because, as you very well know, it was employed in my office a few years ago that highlighted the problems within NTYC.
REPRESENTATIVE JERRY MADDEN: Absolutely.
REPRESENTATIVE SYLVESTER TURNER: That led to many of these changes that --
REPRESENTATIVE JERRY MADDEN: And as you know, we worked very, very closely together.
REPRESENTATIVE SYLVESTER TURNER: And over the last few sessions we have made -- And through your leadership, and I certainly want to acknowledge your leadership, we have made substantive changes as it relates to TYC.
REPRESENTATIVE JERRY MADDEN: We have made major ones, as I pointed out in my initial point. We took them from a conservatorship and basically put them in a conservatorship, to start with changed their entire board, changed their entire structure, put a lot of different requirements in there. I can -- I can tell you that I am very proud to say we have retained those items in any of our institutional capabilities.
REPRESENTATIVE SYLVESTER TURNER: And at one --
REPRESENTATIVE JERRY MADDEN: And I would, as you know, make any of those things, to take any of those out if I had any reason.
REPRESENTATIVE SYLVESTER TURNER: And, right. And at one time TYC had as many as five thousand kids under its umbrella.
REPRESENTATIVE JERRY MADDEN: They actually had more than that, Sylvester. They had five thousand in the facility. They had another four thousand or so out on juvenile parole.
REPRESENTATIVE SYLVESTER TURNER: And as of today, that number has been dramatically reduced?
REPRESENTATIVE JERRY MADDEN: It has. We have been very successful in what we did. The numbers they have in the institutional division, as of the last report was under 1400. They have another couple of hundred in half way houses and other specific care, about 1600. In fact, I used that number when I started, about 1600.
REPRESENTATIVE SYLVESTER TURNER: And the fact is, is it fair to say that the kids that are presently housed in TYC are those kids that have commented the more serious offenses --
REPRESENTATIVE JERRY MADDEN: Generally, that is correct --
REPRESENTATIVE SYLVESTER TURNER: And those kids that are in need of various treatment programs, whether they are sex therapy programs, whether they are mental or emotional type programs --
REPRESENTATIVE JERRY MADDEN: Absolutely.
REPRESENTATIVE SYLVESTER TURNER: With these are kids who have committed in many ways crimes that would be characterized as serious crimes, serious crimes, and now housed --
REPRESENTATIVE JERRY MADDEN: They had -- Generally the more serious ones. As you know, we eliminated any misdemeanors at the Youth Commission.
REPRESENTATIVE SYLVESTER TURNER: Yes, sir.
REPRESENTATIVE JERRY MADDEN: We also took out the older kids that were no longer able to be there. So we did major things to specifically highlight the fact that yes, these kids that were in the facilities that we had -- And we have been so successful. Also, if you remember two years ago, we then took and put additional funding to our juvenile probation departments, specifically to ask them if they could do anything within the community to keep those youths there.
REPRESENTATIVE SYLVESTER TURNER: That is correct.
REPRESENTATIVE JERRY MADDEN: In fact, we gave them additional funding and, hopefully, we will maintain that funding. Additional things as of what we're doing and that's --
REPRESENTATIVE SYLVESTER TURNER: And as a result of those, in large part, led by yourself; the counties are able to keep many more kids locally.
REPRESENTATIVE JERRY MADDEN: That's correct.
REPRESENTATIVE SYLVESTER TURNER: And those kids that have committed the more serious offenses, that need the greater degree of intervention, are down --
REPRESENTATIVE JERRY MADDEN: Even some of those more serious offenses, Sylvester, some of the counties are doing excellent work to retain even those most troubled kids.
REPRESENTATIVE SYLVESTER TURNER: Right, but we've maintained TYC even as an option for those more serious --
REPRESENTATIVE JERRY MADDEN: That's correct, and the bill, and the great work of my committee, we basically are retaining those also, so those facilities are there.
REPRESENTATIVE SYLVESTER TURNER: Well, I don't know about that. But will you agree with me, and will you certainly represent to the Texas House, that TYC under is restructured status, TYC today is operating in a much more improved state today that it did two years ago or three years ago?
REPRESENTATIVE JERRY MADDEN: I would say that the steps that we took in 2007 have gotten the results that we actually expected. And, yes, they are doing the job that we've asked them to do, and they're doing it very well. And I have a great deal of --
REPRESENTATIVE SYLVESTER TURNER: And, Chairman Madden, that's the point I want to highlight. That TYC, under the present system and under the present structure, is doing its job and is doing it fairly well. Always room for improvement, but it's doing it fairly well.
REPRESENTATIVE JERRY MADDEN: And I believe, Sylvester, that we have taken that step down the road, and we've moved to the point where we were at now, and I believe the next step is what we're doing here, in Senate Bill 653, which is continuing to make our juvenile justice system even better, by combining those functions; both of which are operating very well. I will tell you that our juvenile probation department works well, too.
REPRESENTATIVE SYLVESTER TURNER: Well, that's what I want to -- But I wanted to first establish the fact that TYC is not the problem agency that existed two years of four years ago.
REPRESENTATIVE JERRY MADDEN: You are absolutely correct.
REPRESENTATIVE SYLVESTER TURNER: And even under your assessment, TYC is operating fairly well.
REPRESENTATIVE JERRY MADDEN: Under any assessment, I believe that any would make -- There have been significant improvements in our Youth Commission to the point where it is certainly on a par with many of the states around the country.
REPRESENTATIVE SYLVESTER TURNER: Now I want to talk about the Texas Juvenile Probation Commission.
REPRESENTATIVE JERRY MADDEN: All right.
REPRESENTATIVE SYLVESTER TURNER: And under overt last several years we have provided additional funding to JPC in order for it to work with our local juvenile probation departments, to keep even more kids locally to the degree that they can take care of a those kids; isn't it true?
REPRESENTATIVE JERRY MADDEN: Absolutely. That has been our goal and that has been -- Ms. McClendon did some great work on some of that last time. We've done some wonder things with our appropriations.
REPRESENTATIVE SYLVESTER TURNER: That is correct.
REPRESENTATIVE JERRY MADDEN: And we've done some additional encouragement in legislation that you and I have both worked on to do some things to.
REPRESENTATIVE SYLVESTER TURNER: Again, I want to acknowledge your work. I want to acknowledge Representative McClendon's work on it. And will you represent to the House today that the Texas Juvenile Probation Commission today, currently, is doing in large part what we have asked them to do and they too are operating fairly well, under the existing structure.
REPRESENTATIVE JERRY MADDEN: And I would say not only fairly well, but very well. I'm going to put them on -- at a very high status, that says the counties are extremely proud of the work that's being done. They are doing great work. Their juvenile probation individuals have done exceptional work. In fact, as you know, some of our juvenile parole that we have from the Texas Youth Commission is, in fact, subcontracted to the juvenile -- the probation departments in some of our counties.
REPRESENTATIVE SYLVESTER TURNER: Because what we have, we have two entities in the juvenile corrections arena, both, you will agree, in today's setting, both are operating fairly well and achieving the state's goals and objectives as it relates to our kids.
REPRESENTATIVE JERRY MADDEN: I would say that they are. I will also say that the Sunset Commission recommended what we're doing here today, which is the consolidation --
REPRESENTATIVE SYLVESTER TURNER: Well, I understand what the Sunset Commission did. The Sunset Commission also recommended that we should have one commission over the railroad commission until the three in the House overwhelmingly rejected it.
REPRESENTATIVE JERRY MADDEN: The House did reject that. I'm hoping and I -- I'm hoping that the House does not do that in this bill.
REPRESENTATIVE SYLVESTER TURNER: Well, let's just walk through this and let's see where we end up going. Now, under Senate Bill 653, under Senate Bill 653, this is a radical departure from the status quo.
REPRESENTATIVE JERRY MADDEN: I don't describe it as radical.
REPRESENTATIVE SYLVESTER TURNER: You are abolishing --
REPRESENTATIVE JERRY MADDEN: I describe it as we make the next step forward in the process.
REPRESENTATIVE SYLVESTER TURNER: Well, you are abolishing the Texas Youth Commission and you are abolishing the Juvenile Probation Commission and you are putting them under one single big governmental agency, that's essentially what you're doing.
REPRESENTATIVE JERRY MADDEN: I am consolidating two agencies into -- consolidation. I don't consider that the abolishment of some -- we will retain most of the facilities that the Youth Commission has --
REPRESENTATIVE SYLVESTER TURNER: But, Jerry, that's not quite true. And what the members need to understand, through your own statements, and I agree with you, both of these agencies right now are working well.
REPRESENTATIVE JERRY MADDEN: Yes, they are.
REPRESENTATIVE SYLVESTER TURNER: And what the Senate Bill 653 is doing is that you are making a radical structural change, not knowing --
REPRESENTATIVE JERRY MADDEN: And where I didn't agree with you was the term radical structure.
REPRESENTATIVE SYLVESTER TURNER: the reason -- We have two directors right now of these agencies, correct?
REPRESENTATIVE JERRY MADDEN: That is correct.
REPRESENTATIVE SYLVESTER TURNER: Both the directors are doing their job.
REPRESENTATIVE JERRY MADDEN: Both directors are doing very well, yes.
REPRESENTATIVE SYLVESTER TURNER: In this new creation, this new structure that has been established in this bill, you don't know who's going to be overseeing this new agency?
REPRESENTATIVE JERRY MADDEN: The new agency is overseen by a board. The board is appointed by the governor and the board will select the executive director.
REPRESENTATIVE SYLVESTER TURNER: That would be a transition board that's going to take place as of September 1st, 2011.
REPRESENTATIVE JERRY MADDEN: That's correct.
REPRESENTATIVE SYLVESTER TURNER: And they will work until March 1st of 2012.
REPRESENTATIVE JERRY MADDEN: And the new agency goes into effect on December the 1st of 2011.
REPRESENTATIVE SYLVESTER TURNER: I understand.
REPRESENTATIVE JERRY MADDEN: The transition team is there to make sure there is a smooth movement --
REPRESENTATIVE SYLVESTER TURNER: Well, I don't know how smooth it's going to be. You've got a transition team that's going to start in September of 1st, then you're going create this new board. And on this new board you're going to have people that's coming from -- the chiefs of the Juvenile Probation Commission, combined with about four or five or six other people on this new board.
REPRESENTATIVE JERRY MADDEN: They'll be consisted of many of the same types of -- they are existed in right now in either of the juvenile probation board or --
REPRESENTATIVE SYLVESTER TURNER: And you can't tell us right now who's going to be the executive director of this new state governmental entity?
REPRESENTATIVE JERRY MADDEN: I would not want to do that, Sylvester. As you would not want to do, if you were up here doing a consolidation of an agency. You would not want to tell this body who that would be, either. Because that's the function of the Governor's Office.
REPRESENTATIVE SYLVESTER TURNER: But the reason why I'm saying that, Jerry, is that right now you will admit to the Texas House that the Texas Youth Commission under its present executive director, and the Juvenile Probation Commission, under its present executive director; they are doing everything in large part that you and I and others have asked them to do.
REPRESENTATIVE JERRY MADDEN: We established that, Sylvester. I recognize that. I am totally agreeing with you.
REPRESENTATIVE SYLVESTER TURNER: But the bill is eliminating two agencies that serve --
REPRESENTATIVE JERRY MADDEN: We disagree with the term elimination --
REPRESENTATIVE SYLVESTER TURNER: You are changing the structure.
REPRESENTATIVE JERRY MADDEN: We are changing the structure --
REPRESENTATIVE SYLVESTER TURNER: And even the people in Tarrant County, the people that -- the probation chief of Tarrant County has been vehemently vocal in opposition to Senate Bill 653.
REPRESENTATIVE JERRY MADDEN: Most of our probation chiefs who we've had in, and we've had many meetings with --
REPRESENTATIVE JOE STRAUS: A point of order has been raised. The gentleman's time has expired. The point of order has been well taken and sustained.
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker, I would move to extend.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Speaker. Thank you, members. The probation chief of Tarrant County has been very vocal in opposition to Senate Bill 653.
REPRESENTATIVE JERRY MADDEN: Most of the probation chiefs in this state have been very supportive of what we're doing. I can accept the fact that there will be one or two or three of our hundreds that we have out there that may have some problems.
REPRESENTATIVE SYLVESTER TURNER: Mr. Chairman, there's another probation chief of one of the largest urban counties, not Tarrant County, but another probation chief of one of the largest counties. Not Harris, either. Let me just say that. Not Harris County, that's also in opposition to what you are doing.
REPRESENTATIVE JERRY MADDEN: I have not received anything specifically from him that has indicated that.
REPRESENTATIVE SYLVESTER TURNER: Have you talked to any of the other probation chiefs from across the --
REPRESENTATIVE JERRY MADDEN: Yes. We've had many meetings, Sylvester, in my office, with probation chiefs from around the state. And many of the members have --
REPRESENTATIVE SYLVESTER TURNER: And Jerry, you know over the last several years that when it comes to criminal justice, whether on the juvenile probation side or on the adult criminal justice side, I have stood with you shoulder to shoulder on the things we have done.
REPRESENTATIVE JERRY MADDEN: Right.
REPRESENTATIVE SYLVESTER TURNER: I think that is a fair statement.
REPRESENTATIVE JERRY MADDEN: That is absolutely fair. You and I have been together on all of this, and -- But it's also fun having this kind of debate, because you and I may honestly disagree on that one, Sylvester. And it's okay, I accept your assessment. But I have the assessment that says we are moving this in the right direction and the right time.
REPRESENTATIVE SYLVESTER TURNER: But, Jerry, you are creating another unknown state governmental entity that's bigger than presently exists. We don't know how much it's going to cost. We don't know how --
REPRESENTATIVE JERRY MADDEN: We have excellent data collected by groups that indicate that the cost -- the cost will be no more than what we currently have in our Appropriations Act. And that we should be able, because of more effective utilization of our dollars within community supervision, within the counties that, in fact, in fact, they will be able to use that money even more effectively.
REPRESENTATIVE SYLVESTER TURNER: But, Jerry, I would question you on that. You cannot represent to the Texas House that this new governmental entity that's massive in nature, with a transition team, a composition board, all of these other --
REPRESENTATIVE JERRY MADDEN: You would agree with me, Sylvester, that this one department that we have which is now two that we are putting together, okay, is, in fact, yes -- it's a restructuring of what we're doing in juvenile justice. That's true. But it's not a massive change. My committee, I will tell you, I'm very proud of these committee members that I have because they've worked very, very hard in looking at this to try to pull this together in the right manner. We've had many hours of hearings -- pulling this together.
REPRESENTATIVE SYLVESTER TURNER: But the reality is, it would be one thing if you would be standing before us and telling the Texas House that we are fixing two troubled agencies. That is not your position. You are saying to the Texas House that there are two state agencies right now that are attending to the needs of our kids, that are working very well. You're not --
REPRESENTATIVE JERRY MADDEN: I am placing before the House, Sylvester, what I believe is a recommendation that takes these two governmental agencies and make them into one even better, an even better organization that will continue in the right direction.
REPRESENTATIVE SYLVESTER TURNER: Jerry, this is governmental creed with no known idea what the end product would be. You are pitting --
REPRESENTATIVE JERRY MADDEN: I totally disagree with you on that.
REPRESENTATIVE SYLVESTER TURNER: Jerry, Jerry, you are creating a governmental entity when you don't -- you can't say what the end result will be. You can't say that it's --
REPRESENTATIVE JERRY MADDEN: I believe I can honestly say, Sylvester, that I have had the faith -- You know, I had the faith when we had the criminal justice issue 2005 and 2007, it took a great leap of faith for us to do some of those things. You know that. It was the faith that we had that made the difference there. I have seen the progress that these people have made, and know in the way we have done -- gone about this, with my great work with my committee, with the great work that we have done with this, that we have structured an agency that will, in fact, continue us along the path that we were doing in juvenile justice that will make it even better, that will give the results that not only you and are proud of right now that we have done in criminal justice, and the adult system, but will match and a possibly even exceed that the in the juvenile justice system.
REPRESENTATIVE SYLVESTER TURNER: Jerry, four years ago, four years ago TYC was trouble. Four years ago. The changes, the reforms needed to be made. Four years later, TYC is operating as you and I envisioned. The entity that you are trying to create will be a governmental entity that will overcome our juvenile probation commissioners, and in large part is like imposing state government --
REPRESENTATIVE JERRY MADDEN: I totally disagree with you --
REPRESENTATIVE SYLVESTER TURNER: Let me finish. Let me finish.
REPRESENTATIVE JERRY MADDEN: Okay.
REPRESENTATIVE SYLVESTER TURNER: It's like imposing this state bureaucratic organization over our juvenile probation commission that's going to tell them what they can and what they cannot do.
REPRESENTATIVE JERRY MADDEN: No, Sylvester. It's not going to do that. It's not going to do that. The juvenile probation people have a great deal of input into this. In fact, Mr. Cain and Mr. Perry and some of the other members of this committee have made sure in this advisory committee that we have for the board, that there is a great deal of input put into them by the counties and the county personnel.
REPRESENTATIVE SYLVESTER TURNER: And that's the point that I'm making. You're creating a transition team, you're creating a board, you're creating an advisory team; all of them things that you are creating will cost money. And, Jerry, you cannot represent that this new governmental entity that you are creating is going to -- Well, let me just finish -- is going save one dollar or did is going to perform any better--
REPRESENTATIVE JERRY MADDEN: This is a 3 million-dollar savings.
REPRESENTATIVE SYLVESTER TURNER: Sorry?
REPRESENTATIVE JERRY MADDEN: The fiscal note is a 3 million-dollar savings. But, second of all, I can say to you that one, we have two boards right now operating. You say I'm making a big bureaucracy because I'm making one board where we currently have two, you say I making a big agency when, in fact, I have advisory committees already there in the Youth Commission in juvenile probation, they are already there. I'm not doing anything with them that would create any difference, other than making them more effective. But the committee has worked very hard to make them very effective and the --
REPRESENTATIVE SYLVESTER TURNER: I think governmental --
REPRESENTATIVE JERRY MADDEN: And the transition team, yes, the transition team exists for six months. It's what, seven people.
REPRESENTATIVE SYLVESTER TURNER: Jerry, I think we need to be -- I think we need to be very careful when we have two agencies that you will agree are working very well, and then when government steps in and tries to great create this other big governmental entity when we do not know the end result will be. And I do not believe --
REPRESENTATIVE JERRY MADDEN: Mr. Crownove r has advised me that I ought to step back from the mike because I get too loud. And I apologize, members, if I get a little passionate and loud up here.
REPRESENTATIVE SYLVESTER TURNER: Passion is good. I don't have any problem with passion.
REPRESENTATIVE JERRY MADDEN: But Representative Turner has never been passionate --
REPRESENTATIVE SYLVESTER TURNER: Jerry, I don't have any problem with your passion. I just question that you're right. I don't have any problem with the passion. But I believe to my core, that you are creating to a governmental entity that is not needed, and that you have two agencies that currently exist, through your own admission, that are meeting the needs of our kids. And you are trying to -- You are undoing something that is working.
REPRESENTATIVE JERRY MADDEN: This discussion about what the -- what was recommended by the Sunset Commission, they said it was a consolidation that was worth doing. I have looked with my committee, worked very, very hard on this, and I will tell you that they believe it's worth doing, too.
REPRESENTATIVE SYLVESTER TURNER: And, Jerry, I would represent to you -- I would represent to you that there are many juvenile probation chiefs in the State of Texas that do not agree with Senate Bill 653. They do not agree.
REPRESENTATIVE RICK HARDCASTLE: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Hardcastle , for what purpose?
REPRESENTATIVE RICK HARDCASTLE: Will the gentleman yield for a couple of short questions? I'll try -- I'll try, Jerry, to maintain myself.
REPRESENTATIVE JERRY MADDEN: Thank you. I'll yield.
REPRESENTATIVE RICK HARDCASTLE: And my questions relate to the clients or the kids that we have in these facilities, because we're already going to the transition of closing two more TYC facilities.
REPRESENTATIVE JERRY MADDEN: The number is --
REPRESENTATIVE RICK HARDCASTLE: Correct.
REPRESENTATIVE JERRY MADDEN: Probably three, Rick. Probably three? And there is a set transition pattern, board meetings and all of those kinds of things in there to make sure we don't mess up doing that, true?
REPRESENTATIVE JERRY MADDEN: That is correct.
REPRESENTATIVE RICK HARDCASTLE: Okay. And in your bill we're going combine the agencies in what facilities will left, will all end up in this -- in what Sylvester's calling the super agency; is that correct?
REPRESENTATIVE JERRY MADDEN: And this agency, but it's in fact, with the facilities there are at least three less facilities in that organization; that is correct.
REPRESENTATIVE RICK HARDCASTLE: All right. Under the plan, or any other plans out there, are you planning on still having the regional approach to the juvenile probation?
REPRESENTATIVE JERRY MADDEN: Absolutely.
REPRESENTATIVE RICK HARDCASTLE: Okay.
REPRESENTATIVE JERRY MADDEN: I can absolutely tell you that that's there is fact. All of the chiefs that are in there, they're the ones that brought most of the ideas, many of the ideas that are in this thing, and they are adamant for both the regional and the county approach to what we are doing. So, absolutely, we are keeping that in place, Rick. And, in fact, we believe we are augmenting that.
REPRESENTATIVE RICK HARDCASTLE: Okay. Well, and I ask these questions not only to protect the communities, but we as a body conserve to protect the children because of what we saw six years ago in TYC, and the changes that we had to make at that time. And I just want to have the assurance that the committee is watching and paying attention, and this new agency will continue guaranteeing the treatment to the --
REPRESENTATIVE JERRY MADDEN: As you and I know, with any structure, with any state agency, oversight is always important. And we will have to continue doing that. And I can promise you that as long as I'm here watching it, this thing will work.
REPRESENTATIVE RICK HARDCASTLE: Thank you, Jerry.
REPRESENTATIVE JERRY MADDEN: Thank you, Rick.
REPRESENTATIVE JOE STRAUS: Representative Sheets raises a point of order, that the gentleman's time has expired. The point of order is well taken and sustained.
REPRESENTATIVE JERRY MADDEN: We have some amendments.
REPRESENTATIVE JOE STRAUS: Mr. Turner? Madam doorkeeper?
DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
REPRESENTATIVE JOE STRAUS: Admit the messenger.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House the Senate has taken the following actions. The Senate has passed the following measures: SB 365 Ogden.
THE CLERK: Amendment by Madden.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, this is brought to me by the county personnel, it changes the board make up, it changes the number from 11 to 13, because they felt they that they needed some additional county input there. It adds another member who is a county judge commissioner, it makes them three members and it allows another public member on the board. And it says the government shall make appointments to the board members designated by sections, so that no two members that hold the same -- they're from the same either county or judicial district, so we don't have one or more counties having more people than one on the board. It is acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Madden sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. The clerk will the amendment.
THE CLERK: Amendment by Madden.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, the TYC brought us something that dealt with the ability to take oaths by their various legal officers. This is an amendment that allows them take oaths and it's acceptable.
REPRESENTATIVE JOE STRAUS: Representative Madden sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Following amendment. Clerk will read the amendment.
THE CLERK: Amendment by Madden.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, this was the same amendment. We filed it twice. I'm going to withdraw this amendment.
REPRESENTATIVE JOE STRAUS: Amendment is withdrawn. Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Madden.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, this one has to do with an initial examination units that are currently the TYC units. This calls for additional specialized treatment. And as soon as possible it develops a written treatment plan for the kids that are at TYC, and it says the board shall establish rules, periodic review and evaluation of the treatment plan. This is to make sure that we're getting in the right kind of treatment for these youths that are in the system. That is acceptable to the author and I move adoption.
REPRESENTATIVE JOE STRAUS: Representative Madden sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is documented. Following amendment. Clerk, read the amendment.
THE CLERK: Amendment by Phillips.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Members, this just changes the lower limit of 20,000 in their population to 80,000, which would be helpful for smaller counties. And I believe it's acceptable to the author. It is acceptable. I move passage.
REPRESENTATIVE JOE STRAUS: Representative Phillips sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. The following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Turner.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker, members, this deals with -- it says that the chief probation -- juvenile probation officer may not vote or render any decision regarding matters of abuse that affect his or her department. So it removes the conflict. And I believe it's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Turner sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Turner.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Turner. Amendment is withdrawn. Following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Turner.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: Basicall y this amendment says that the department shall share the complaints received on the toll free phone number with the OiG (inaudible). And I believe it's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Turner sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Turner.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: This amendment says that the board shall require the
(inaudible) to present the following information including the type of complaint received, the resolution of the complaint and any indication of systematic issues or problems at a particular facility.
REPRESENTATIVE JOE STRAUS: The amendment is withdrawn. Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Parker.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Parker.
REPRESENTATIVE TAN PARKER: Thank you, Mr. Speaker. I do have an amendment to my amendment I would like to offer at this time.
REPRESENTATIVE JOE STRAUS: The following amendment to the amendment. The clerk will read the amendment.
THE CLERK: Amendment to the amendment by Parker.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Parker.
REPRESENTATIVE TAN PARKER: Thank you, Mr. Speaker. Members, this amendment to the amendment simply makes for an original amendment, a legislative
(inaudible) draft. It's acceptable to the author and I move adoption.
REPRESENTATIVE JOE STRAUS: Mr. Parker sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Back on the Parker amendment as amended.
REPRESENTATIVE TAN PARKER: Thank you, Mr. Speaker. Members, this amendment simply brings transparency and accountability to this measures before this agency. Again, I believe it's acceptable to the author and I move adoption.
REPRESENTATIVE JOE STRAUS: Representative Parker sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment.
THE CLERK: Amendment by McClendon.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative McClendon. The amendment is withdrawn. Following amendment. Clerk will read the amendment.
THE CLERK: Amendment by Allen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: Mr. Chairman, this amendment, which I believe is acceptable to the author, simply provides that the department encourage compliance with the existing educational standards, it calls for the department to facilitate cooperation between local school districts and TEA and the local probation department. And it provides for the department will develop a plan to ensure that educational services are delivered appropriately to these young offenders, including those who have developmental disabilities. And I believe it's acceptable to the author. And we do have an amendment to the amendment.
REPRESENTATIVE JOE STRAUS: The following amendment to the amendment. The clerk will read the amendment.
THE CLERK: Amendment to the amendment by Madden.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, this is an amendment that allows prevention and intervention services to be a part of this organization. We're taking and providing prevention and intervention services for certain youths who are on their way to the Texas Juvenile Probation Department, or the Youth Commission. And I believe -- I know it's acceptable to the author.
REPRESENTATIVE JOE STRAUS: The amendment to the amendment is acceptable to the author. Is there objection? Chair hears none. The amendment to the amendment is adopted. Representative Allen sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Following amendment. The clerk will read the amendment.
THE CLERK: Amendment by Veasey.
REPRESENTATIVE JOE STRAUS: Excuse the Committee on Business and Industry because of a meeting in room 39W, on the motion of Representative Raymond. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Veasey.
REPRESENTATIVE MARC VEASEY: Mr. Speaker, members, I believe that this amendment is acceptable to the author. What it requires is that there's a local report sent to the ombudsman by the local juvenile probation department, and it establishes rules and procedures for recording to the ombudsman for these various types of reports. I move passage.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Members, I'm going to accept Mr. Veasey's amendment, with the provision that we will back with a third reading amendment. The ombudsman does get -- should get the report. Currently those reports, most of them do go through -- are directed to the agency. Mr. Veasey's concern was that they weren't getting it and it wasn't -- there wasn't -- there wasn't a mechanism, that it wasn't getting to the ombudsman. I'm going to me accept this so that we can amend it a little bit more in that manner.
REPRESENTATIVE JOE STRAUS: Representative Veasey sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. Amendment is adopted. Representative Madden moves to reconsider the vote by which Amendment Number 1 was adopted. Is there any objection? Chair hears none question is adopted. Chair lays out Floor Amendment No. 1. Clerk will read the amendment.
THE CLERK: Amendment by Madden.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker, we have an amendment to it, to correct a couple of problems we had with it.
REPRESENTATIVE JOE STRAUS: Following amendment to the amendment. Clerk will read the amendment.
THE CLERK: Amendment to the amendment by Madden.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Thank you. Members, this does the same thing on the board language. It puts it in the right format. And it has a couple other lines and places the bill where we reference the numbers of members that we hadn't corrected in the amendment, and this gets those numbers corrected. I move adoption. It's acceptable.
REPRESENTATIVE JOE STRAUS: Amendment to the amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. We're on the Madden Amendment, as amended. Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: I move adoption.
REPRESENTATIVE JOE STRAUS: Mr. Madden sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. The amendment is adopted. Anyone wishing to speak on, for, or against Senate Bill 653? Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker and members. A couple years ago I was in the position of defending the Texas Youth Commission, as well as the Texas Juvenile Probation Commission. The Texas Juvenile Probation Commission was doing a great job then, and continues to do a great job. The Texas Youth Commission had just gotten a new executive director, who had come on board and was really working with the community, working with the parents of the youths in custody, and also working with the Legislature in order to change the environment of the Texas Youth Commission. She did a fantastic job. I had the opportunity of serving on the Sunset Advisory Commission, and I was elected among the members to carry the Texas Youth Commission, the Texas Juvenile Probation Commission, Sunset Bill. Because I had experience in the juvenile justice system for several years, I had the opportunity to work with the stakeholders, work with the judges, and work with probation -- juvenile probation officers; and we were able to come up with ways to keep the agencies separate. All during my career in the Juvenile Justice Center, I fought to keep TYC and the Juvenile Probation Commission separate. The recommendation from the Sunset Advisory Commission a couple years ago was to combine the two agencies. We were able to keep those agencies separate. But I can tell you I knew, and I saw that the day would be coming when we would need to find a way to streamline the system dealing with the young children who needed special attention in this state. I have done a lot of soul searching on this issue. During the interim, I've talked to a lot of juvenile probation officers, talked with some of the young people who are in the system, those in the Texas Youth Commission, as well as those on probation; and we are convinced that the best way to handle and deal with the troubled youth of this state is to combine the two systems and make them even more relevant, as we find the best ways to deal with and improve the lives of our troubled youth. So I stand here today asking you to vote in favor of the Senate Bill 653. I think it's the right thing to do. I think it's a way that we can make sure that into the future our children who need special care, special help, will be taken care of. Thank you.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Turner in opposition.
REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Speaker and members. Several years ago we did have major problems with Texas -- with the Texas Youth Commission. In fact, a member of my staff was instrumental in bringing those problems to the light of day. That was several years ago. And TYC has undergone substantial reform. And from over 5,000 kids that agency now has been reduced to handling no more than about 1,400. And it deals with our most serious kids what have committed some of the most serious offenses. And Representative Madden, I credit him a great deal for bringing this agency forward. And, by his own admissions today, as indicated, TYC is doing very well. The same thing for Texas Department -- the Texas Probation Commission. It has performed well, and is has met our standards. And Representative Madden has also indicated today that it has and is meeting our goals and objectives and it's performing well. If these were two troubled agencies that we were needing to reform, that would be one thing. But these are two state agencies that we have reformed over the last several years, that are now functioning very well. And the question comes in, why do we want to change the structure now? Why change the structure now and create this super agency when we really do not know ultimately what the cost will be, and whether or not this super agency will perform as well as the two agencies that we know today are performing well. I have a hard time grappling with that, and I don't see the reason why we would create a super agency to achieve that. If you will look at the HRO report, we are creating this transition team, we are creating this board, we are creating this advisory team; and we're what we're also doing is that in implementing this bill it allows them to create, to set up the charter schools as well. In your HR report, and I want to read from it, it say this bill would require the State Board of Education to grant a charter for a school upon the application of a detention, correctional or a residential facility for juvenile offenders. This charter would not count against the state cap of charter schools. There are whole lot of things in this bill, and once you start creating this mega super agencies it will creep and creep and creep and creep. And we do not know what the ultimate cost will be, or whether or not it's performance, as it relates to our kids, will achieve its objectives. I respect Chairman Madden highly, I represent him for the work that he has done and that the work that he is doing. But as it relates to these kids who -- many that need to be in facilities where they can receive the therapies that they need, where they can receive their care for mental and emotional behaviors that they need, that they may not be able to get some place else, is a place for TYC for these kids. At the same time, we are creating this mega agency that will in many ways impose itself on our local juvenile probation commissions, and then what happens when funding becoming very tight? What happens then? Who is responsible? Where does the money come from? With all due respect, I believe this is the wrong move when we are trying to fix something that's working. That's almost saying, Sylvester, you got on a nice suit, it looks fine. But why don't you take that one off and go and buy you a new -- another one, and make that more expensive and that will be even better. If the suit that I'm wearing today fits me well today, and if it works well, then let me stick to it and at least somebody can give me some money and I go get me a better one. This is a bad deal. It's governmental creep just for the purpose of governmental creep. And sometimes you don't never ever see a governmental entity that you don't like so you just keep creating one after the other. And that's what we are doing today. We are creating a governmental entity just for the sake of doing it.
REPRESENTATIVE DEBBIE RIDDLE: Mr. Chairman?
REPRESENTATIVE JOE STRAUS: Representative Riddle, for what purpose?
REPRESENTATIVE DEBBIE RIDDLE: Would the gentleman yield?
REPRESENTATIVE SYLVESTER TURNER: I will be more than happy to yield.
REPRESENTATIVE DEBBIE RIDDLE: Sylvester, we've worked together on the TYC and these things together.
REPRESENTATIVE SYLVESTER TURNER: Yes, we have. Yes, we have.
REPRESENTATIVE DEBBIE RIDDLE: And we've gone through quite a bit, would you not say?
REPRESENTATIVE SYLVESTER TURNER: Yes.
REPRESENTATIVE DEBBIE RIDDLE: And there were some issues in the past and we really worked on these issues.
REPRESENTATIVE SYLVESTER TURNER: And we fixed many of those issues, Debbie. And even Chairman Madden has said that we have reformed TYC.
REPRESENTATIVE DEBBIE RIDDLE: Has anyone said that -- that this is not working now?
REPRESENTATIVE SYLVESTER TURNER: Chairman Madden said today that TYC and JPC are working well now.
REPRESENTATIVE DEBBIE RIDDLE: Can you tell me if something ain't broke why we want to fix it?
REPRESENTATIVE SYLVESTER TURNER: Sometimes government sees things and it can't keep its hands off, so it simply keeps creating for the sake of creating. I believe we are creating a super agency, just for the sake of creating another super agency, no matter how well intended it may be. But we are not fixing a problem that exists right now.
REPRESENTATIVE DEBBIE RIDDLE: Thank you very much, Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: If it's not broken, members, why fix it, and why assume the added cost of creating a mega agency. I would respectfully ask that you vote no against it, with all due respect to Chairman Madden.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Cain.
REPRESENTATIVE ERWIN CAIN: Mr. Chairman, members, I just want to let you know that one of the benefits of this new consolidation is strengthening of what we call an advisory counsel that's heavily membered by probation chiefs around the state. And one of the things that does that is beneficial is it gives us immediate grass input up the chain, so the agency can be more nimble in implementing more policies and rooting out inefficiencies in the system. So one of the benefits we're seeing in this consolidation is getting the grass roots, the local officials more involved. And I think you're going to see more and more of that in this transition, as well as in this consolidation. It's a good bill and I move passage.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Thank you, Mr. Speaker and members. First of all, it's been a great honor working on this bill. We've had some great help. And, first of all, I want to thank this great committee that the speaker was so kind to honor me with as we went into this session. Ms. Allen has been a superb vice chairman, she's done superb work with us throughout this whole process. We've had great help from our other members, Ms. Marquez, Mr. Workman, Mr. White, Mr. Cain. We've had just absolutely superb efforts by all of our gentleman. Mr. Perry has been great. But I've had great help also from the Sunset staff. I've had great help from the staff that we've had working on the committee, they've done extremely good work. And I've also had great input from people around the state, from the various departmental chiefs, from the juvenile probation chiefs, from the people that work both at the Texas Youth Commission who had taken many of their ideas, and from the Juvenile Probation Commission. We have not worked on this in a vacuum by any means. As you know, the procedures that I work with, I listen to everybody. We pulled a lot of good advice together and I am very proud to be able to say that I believe this is the next step that will, in fact, raise us to the point that we'll be the model for the juvenile justice system that I think we deserve to be. And as chairman I move passage. I also want to thank Representative Parker, I think I left him out. Thanks.
REPRESENTATIVE JOE STRAUS: Members, the question occurs on passage to third reading of SB 653. All those in favor say aye, all those opposed nay. The ayes have it. Senate Bill 653 is passed to engrossment. Chair recognizes Representative Geren for a motion.
REPRESENTATIVE CHARLIE GEREN: Thank you, Mr. Speaker. Members, I'd like to suspend all necessary rules and to reconsider the vote on House Bill 397.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Oliveira for a motion.
REPRESENTATIVE RENE OLIVEIRA: Mr. Speaker, members, I have a special request of the House. I request permission to introduce a bill that creates a improvement district for a small community in my district, Port Isabel, which will enable them to develop some waterfront property within the City of Port Isabel. I apologize to you for bringing it to you at this late date, but a compromise has just been reached. And, with that, Mr. Speaker, I would move for permission to introduce this legislation.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading HB 397. Clerk will read the bill.
THE CLERK: HB 397 by Gonzales. Relating to the creation of the Bureau For Economic Development of the Border Region.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gonzales.
REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker. Members, if I can get your attention on this, I brought this bill up earlier and I had an opportunity -- I've had an opportunity to since -- to visit with many of you. If I didn't get to visit with you with personally, I apologize. I've been making my way around the floor trying to talk to everybody. What this bill does -- And let me start by saying it has no fiscal implication to the state. I know that is extremely important to all of us right now. This bill does not cost the state any money. It creates a border -- bureau to study economics along the Texas/Mexico border. This bureau would be comprised of appointees made by the Speaker, the Lieutenant Governor, the Chair of the Border Committee in the House and the Senate, and the institution that agrees to house the Border Bureau. The institution that will house the Border Bureau will absorb all costs that are associated with studying this. Why is this important? It is important because we have seen that with the recession, and with the violence that has occurred on the other side of the border, it's taken a hit on the economy. We don't see as many companies locating on the Texas/Mexico border. We've seen issues with trade and the lines on the bridges slowed down. This bureau is going to help us to try to come up with solutions and recommendations made to the legislature on how we can improve our economy on the border. If we improve the economy on the border, we improve the economy of the State of Texas. As I mentioned to many of you earlier, some said well, are there groups that are already doing this? There are some groups that are doing it, but they have a focus on perhaps agriculture, or they have a specific focus. This is going build on what's already there, not going repeat it. But our focus is more on the economy and economic development, not groups that study the Colonias, or groups that study how we improve poverty. This is about creating more economic opportunity on the border. And I hope that at this time, after having spoken with so many of you, that you will pass a vote in favor of improving the economy of the border so that we can improve the economy of Texas. I see people in the back there.
REPRESENTATIVE JOE STRAUS: Mr. Margo, for what purpose?
REPRESENTATIVE DEE MARGO: Will the speaker yield for some questions?
REPRESENTATIVE JOE STRAUS: Ms. Gonzales, do you yield?
REPRESENTATIVE VERONICA GONZALES: Yes, I do yield.
REPRESENTATIVE DEE MARGO: Right now we have, at the University of Texas, El Paso, we have the border region modeling project.
REPRESENTATIVE VERONICA GONZALES: Yes.
REPRESENTATIVE DEE MARGO: Which fits very well with what you're doing. Except that it's limited in its scope for the state of Chihuahua and Juarez and El Paso.
REPRESENTATIVE VERONICA GONZALES: Yes.
REPRESENTATIVE DEE MARGO: They have the infrastructure there, they're doing modeling right now on demographics, employment, income, retail sales, international commerce transportation and cross border manufacturing. What this does -- And it's also paid for by private sector dollars. So what this bill does would allow -- UTEP has agreed to host if they are so awarded it. And it would allow them to expand and work with other universities on down the border, to improve the commerce on both sides. As we talk about our immigration issues, what better way to stop illegal immigration than to create the jobs they need in Mexico and work with us as well? So I support you on this bill very much.
REPRESENTATIVE VERONICA GONZALES: Thank you Representative Margo. You and I spoke, you -- you mentioned that I think the Hunt family and another private -- private donors are funding the project that is currently being done at UTEP. I know that there's an institute that's also being called the St. Mary's University. But their focus has not been necessarily on the border region. They, too, have expressed an interest in being able to house this bureau and absorbing any costs, for instance may be reimbursement costs for members of the bureau. So those private dollars would be used to take care of that. We don't have one group or one university that's selected. In fact, the members of bureau would then actually then select the institution. But we are very glad that we're seeing so much interest by south Texas and west Texas in housing this bureau. So thank you very much.
REPRESENTATIVE JOE STRAUS: Mr. Gallego, for what purpose?
REPRESENTATIVE PETE GALLEGO: Will the lady yield for a question?
REPRESENTATIVE JOE STRAUS: Ms. Gonzales, do you yield?
REPRESENTATIVE VERONICA GONZALES: Of course.
REPRESENTATIVE PETE GALLEGO: Ms. Gonzales , there's no state funds that are involved, this is a private money raising venture?
REPRESENTATIVE VERONICA GONZALES: That's correct.
REPRESENTATIVE PETE GALLEGO: And whether it's in El Paso or whether it's in San Antonio, the board that you have indicated, they will select where the project goes? But it doesn't make government bigger in that sense, it doesn't spend any additional state or tax revenue, because it's going to be funded by the companies who are essentially contributing -- it's a think tank, it's a think tank and it gives it credibility to have a boards that is made up of the speaker and others that are appointed by some state officials?
REPRESENTATIVE VERONICA GONZALES: That's correct. There are groups that do it now, but they don't have that credibility. And this is going to assist us in getting grant monies, applying for grant monies that are going to be used to -- for the research that will be done.
REPRESENTATIVE PETE GALLEGO: So that's the purpose of the bill, is to set up that infrastructure kind of thing, but it doesn't make government bigger and it doesn't cost any additional money?
REPRESENTATIVE VERONICA GONZALES: That's correct.
REPRESENTATIVE PAUL WORKMAN: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Workman, for what purpose?
REPRESENTATIVE PAUL WORKMAN: Will the lady yield for questions.
REPRESENTATIVE JOE STRAUS: Ms. Gonzales, do you yield?
REPRESENTATIVE VERONICA GONZALES: Of course.
REPRESENTATIVE PAUL WORKMAN: Representati ve Gonzales, I just have one question for you: Is this good for Texas business?
REPRESENTATIVE VERONICA GONZALES: Absolute ly it's good for Texas business.
REPRESENTATIVE PAUL WORKMAN: And I support it. We need to do more of this.
REPRESENTATIVE VERONICA GONZALES: Thank you so much, representative Workman. Members, I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 397? Question occurs on passage to engrossment of -- passage of House Bill 397. All those in favor say aye, those -- all those opposed say nay. The ayes have it. Record vote's been requested. Record vote is granted. Clerk, ring the bell. Show Mr. Madden voting aye. Have all voted? Being a 117 ayes, 17 nays; House Bill 397 has passed to engrossment. Chair lays out as matter of postponed business House Bill 2495 on third reading. The clerk will read the bill.
THE CLERK: HB 2495 by Hernandez Luna. Relating to cemeteries and perpetual care cemetery corporations.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hernandez Luna.
REPRESENTATIVE ANA LUNA HERNANDEZ: Thank you, Mr. Speaker. Members, this is the bill I laid out earlier regarding perpetual care cemeteries. Move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak on, for, or against House Bill 2495? The question occurs on final passage of House Bill 2495. It's a record vote. Clerk, ring the bell. Show Ms. Giddings voting aye. Have all voted? Show Mr. Taylor voting aye. Have all voted? Being 139 ayes, 3 nays; House Bill 2495 is finally passed. Representative Madden moves to lay House Bill 1915 on the table, subject to call. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Harper Brown for a motion. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up House Resolution 1584 recognizing the Studios at Las Colinas.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.
THE CLERK: HR 1584 by Harper-Brown. Commemorating the 30th anniversary of the Studios at Las Colinas in Irving.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, I move passage.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Pitts for a motion.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I request permission for the Committee on Appropriations to meet while the House in session, during the reading and referral of bills, on April the 28th, 2011, at E1030, to consider the previously posed agenda.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Kolkhorst for a motion.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. 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 28th, 2011. Place, E2.02A. To consider previously posted agenda. And I have another motion.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. I would like to have suspend the following rule: The five day posting rule, to allow the Committee on Public Health, to consider HB 3387 by Representative Rodriguez, today, April 28th, 2011. Place, E2.028, during the reading and referral of bills.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Dutton for a motion.
REPRESENTATIVE HAROLD DUTTON: Mr. Speaker and members, I move to grant the permission of Urban Affairs to meet today, in E2016, to consider pending business at 6:00 p.m., or during the reading and referral of bills; whichever comes first.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Following announcements. The clerk will read the announcements.
THE CLERK: The Committee on Public Health will meet at 5:45 p.m., or during the reading and referral of bills, on April 28th, 2011, at E2.028. This will be a public hearing to consider previously posted agenda and HB 3387. The Committee on Urban Affairs will meet at 6:00 p.m., or during reading and referral of bills, on April 28th, 2011, at E2.016. This will be a public hearing to consider pending business.
REPRESENTATIVE JOE STRAUS: Representative Eiland has an announcement.
REPRESENTATIVE CRAIG EILAND: Mr. Speaker, members, the Coastal Delegation will remind us that we have a meeting in the morning at 8:30, in the cafeteria. Coastal Delegation meeting in the morning at 8:30, in the cafeteria.
REPRESENTATIVE JOE STRAUS: Members, are there any further announcements? If not, Representative Lewis moves that the House -- If there are no further announcements then Representative Lewis moves that the House stand adjourned, pending the reading and referral of bills and resolutions, until 10:00 a.m. tomorrow, in memory of Sergeant John Paul Castro of Andrews, who was killed in action in Afghanistan on April 22nd, 2011. House stands adjourned. Following bills on first reading and referral:
THE CLERK: HR 1521 (By V. Gonzales), Congratulating Gloria Galvan of McAllen on her selection as the 2010-2011 Faculty Representative of the Year by the Texas classroom Teachers Association. To Rules and Resolutions. HR 1522 (By V. Gonzales), Congratulating Jose Ramirez Castilleja of McAllen on his 73rd birthday. To Rules and Resolutions. HR 1523 (By V. Gonzales), Honoring Dr. Carl Seale on the occasion of the Valley Symphony Orchestra and Chorale Red Bow Concerto Gala on April 30, 2011. To Rules and Resolutions. HR 1524 (By V. Gonzales), Congratulating Patty Fallek on being named a Shining Star of Hidalgo County by the Zonta Club for her contributions to the community. To Rules and Resolutions. HR 1525 (By V. Gonzales), Congratulating Edna Posada on being named a Shining Star of Hidalgo County by the Zonta Club for her professional contributions to the community. To Rules and Resolutions. HR 1526 (By V. Gonzales), Congratulating Jose Ramirez Castilleja of McAllen on his 73rd birthday. To Rules and Resolutions. HR 1527 (By V. Gonzales), Congratulating Mariella Gorena on being named a Shining Star of Hidalgo County by the Zonta Club for her contributions to youth and education. To Rules and Resolutions. HR 1528 (By V. Gonzales), Recognizing Dylan Killelea for his accomplishments in the sport of motocross. To Rules and Resolutions. HR 1529 (By V. Gonzales), Congratulating ERO Architects of McAllen along with chief executive officer Eli Ochoa and chief designer Manuel Hinojosa on the receipt of awards during 2010 and 2011. To Rules and Resolutions. HR 1530 (By Aliseda), Commemorating the 125th anniversary of the United States Post Office in Poteet. To Rules and Resolutions. HR 1531 (By C. Anderson), In memory of Thomas Emmett Davenport. To Rules and Resolutions. HR 1532 (By C. Anderson), In memory of Anthony Dane Schaefer of Waco. To Rules and Resolutions. HR 1533 (By C. Anderson), In memory of Carie Jean Dodson Buck of Waco. To Rules and Resolutions. HR 1534 (By C. Anderson), In memory of Jessie Faye Johnson of Waco. To Rules and Resolutions. HR 1535 (By C. Anderson), In memory of Donna Ann Shelton. To Rules and Resolutions. HR 1536 (By C. Anderson), In memory of Mark Scot Lansdown of West. To Rules and Resolutions. HR 1537 (By C. Anderson), In memory of Frances Louise Reinke of Waco. To Rules and Resolutions. HR 1538 (By C. Anderson), In memory of John Edwin Horn of Lorena. To Rules and Resolutions. HR 1539 (By C. Anderson), In memory of Willie Lee Whitlow of Beverly Hills, Texas. To Rules and Resolutions. HR 1540 (By C. Anderson), Congratulating U.S. Army Private Larry Mathis, Jr., on graduating from the advanced individual training course for his specialty in field artillery automated tactical data systems. To Rules and Resolutions. HR 1541 (By C. Anderson), Congratulating Meghan Mullens on her election as president of the Greater Waco Aggie Club. To Rules and Resolutions. HR 1542 (By C. Anderson), Congratulating U.S. Army Private William L. Kerley of Waco on graduating from the advanced individual training course for his specialty in automated tactical data systems for field artillery. To Rules and Resolutions. HR 1543 (By C. Anderson), Congratulating Army National Guard Specialist Stefan M. Bernard on graduating from the Infantryman One Station Unit Training at Fort Benning. To Rules and Resolutions. HR 1544 (By C. Anderson), Congratulating Hunter Fritscher of Crawford High School for his achievements at the Texas High School Powerlifting Association regional and state championship powerlifting meets. To Rules and Resolutions. HR 1545 (By C. Anderson), Congratulating Midway High School students Taylor Mattson, Emily Neubert, and Suzanne Stricker on winning the local Voice of Democracy contest sponsored by the Veterans of Foreign Wars. To Rules and Resolutions. HR 1546 (By C. Anderson), In memory of Miriam Simmons of Waco. To Rules and Resolutions. HR 1547 (By C. Anderson), Congratulating Kenneth and Geneva Bolen of Waco on their 50th wedding anniversary. To Rules and Resolutions. HR 1548 (By C. Anderson), In memory of Alice Marie Hamilton of Waco. To Rules and Resolutions. HR 1549 (By C. Anderson), Congratulating Jennifer Alyssa Naylor and Matthew Aaron Biles on their engagement. To Rules and Resolutions. HR 1550 (By C. Anderson), In memory of Dorothy Hightower of Waco. To Rules and Resolutions. HR 1551 (By C. Anderson), Congratulating Brandon and Lyndsey Terry of Lorena on their marriage. To Rules and Resolutions. HR 1552 (By C. Anderson), Congratulating Melissa Jade Bennett and Stephen Kyle Jones on their impending nuptials. To Rules and Resolutions. HR 1553 (By C. Anderson), In memory of Delton Ferrell Steed of Waco. To Rules and Resolutions. HR 1554 (By C. Anderson), Congratulating Randall Dossey, Carolyn Meyer, and Judy Padgett on their receipt of the Extra Mile Award from Midway Independent School District in McLennan County. To Rules and Resolutions. HR 1555 (By C. Anderson), In memory of Patricia E. Barkley of Robinson. To Rules and Resolutions. HR 1556 (By C. Anderson), Honoring Letha Avery of Waco on her 100th birthday. To Rules and Resolutions. HR 1557 (By C. Anderson), In memory of Maureen Pruitt of Woodway. To Rules and Resolutions. HR 1558 (By Branch), Honoring 101-year-old Texas Christian University Alumna Margie Nance Frost of Dallas. To Rules and Resolutions. HR 1559 (By Creighton), Congratulating John and Suebeth Burge of Conroe on their 53rd wedding anniversary and honoring them for their contributions to the community. To Rules and Resolutions. HR 1560 (By Creighton), Commending members of Citizens Residents Oppose Wells for their efforts to protect the groundwater supply in Montgomery County. To Rules and Resolutions. HR 1561 (By Darby), In memory of Dr. Theron Karman Weatherby of San Angelo. To Rules and Resolutions. HR 1562 (By Kleinschmidt), Honoring Monsignor Harry Mazurkiewicz of La Grange on the 60th anniversary of his ordination. To Rules and Resolutions. HR 1563 (By Phillips), Honoring Texas Department of Transportation Executive director Amadeo Saenz, Jr., for his service. To Rules and Resolutions. HR 1564 (By Phillips), Honoring Steven E. Simmons, deputy executive Director of the Texas Department of Transportation, for his service. To Rules and Resolutions. HR 1565 (By Guillen), Congratulating Pat Campos on her retirement from The Webb County Juvenile Department. To Rules and Resolutions. HR 1566 (By Kolkhorst), Commemorating the 121st annual Brenham Maifest and honoring the celebrations’ junior and senior royalty. To Rules and Resolutions. HR 1567 (By Lozano), Congratulating Special Ranger Thomas R. "Hap" Roberts on his retirement from the Texas and Southwestern Cattle Raisers Association. To Rules and Resolutions. HR 1568 (By Lozano), Honoring Alex G. Leal on his retirement from a long and accomplished career as a high school football coach in the Rio Grande Valley. To Rules and Resolutions. HR 1569 (By Lozano), Honoring Cindy Gonzales for her service as a Member of the Kenedy County Commissioners Court. To Rules and Resolutions. HR 1570 (By Margo), In memory of Dorr M. Miller of El Paso. To Rules and Resolutions. HR 1571 (By Mun˜ oz), Commemorating 2011 as the Year of the Farmworker Child. To Rules and Resolutions. HR 1572 (By Hilderbran), Congratulating Clarabelle Snodgrass of Kerrville on earning the 2010 Governor s’ Award for Historic Preservation from the Texas Historical Commission. To Rules and Resolutions. HR 1573 (By Flynn), Recognizing the city of Edgewood as a wedding destination. To Rules and Resolutions. HR 1574 (By S. King), Congratulating Eddie and Joan Blackwell of Abilene on their golden wedding anniversary. To Rules and Resolutions. HR 1575 (By Schwertner), Congratulating Crawford L. Shield of Georgetown on attaining the rank of Eagle Scout. To Rules and Resolutions. HR 1576 (By Schwertner), Congratulating Michael Thomas Volling, Jr., of Georgetown on attaining the rank of Eagle Scout. To Rules and Resolutions. HR 1577 (By Schwertner), Congratulating Jack and Kay Huffman on their 50th wedding anniversary. To Rules and Resolutions. HR 1581 (By Hughes), Congratulating Dr. Mark Neeley of the First Baptist Church of Mineola on his receipt of the Lou Mallory Historical Preservation Award. To Rules and Resolutions. HR 1582 (By Sheets), Honoring the Lake Highlands Military Moms for its Work in behalf of area men and women serving in the U.S. military and for its support of Lake Highlands military families. To Rules and Resolutions. SB 7 to Public Health. SB 8 to Public Health. SB 15 to State Affairs. SB 17 to Pensions, Investments, and Financial Services. SB 29 to Pensions, Investments, and Financial Services. SB 36 to Higher Education. SB 38 to Higher Education. SB 44 to Public Health. SB 49 to Public Education. SB 71 to Human Services. SB 73 to Appropriations. SB 76 to Human Services. SB 82 to Criminal Jurisprudence. SB 86 to Homeland Security and Public Safety. SB 95 to Insurance. SB 117 to State Affairs. SB 122 to Criminal Jurisprudence. SB 149 to Higher Education. SB 153 to Criminal Jurisprudence. SB 158 to Criminal Jurisprudence. SB 159 to Criminal Jurisprudence. SB 167 to Criminal Jurisprudence. SB 182 to Transportation. SB 202 to Ways and Means. SB 208 to Public Education. SB 216 to Elections. SB 219 to Human Services. SB 220 to Human Services. SB 222 to Human Services. SB 223 to Human Services. SB 227 to Public Health. SB 229 to Public Health. SB 246 to Transportation. SB 258 to Culture, Recreation, and Tourism. SB 260 to Human Services. SB 264 to Human Services. SB 265 to Human Services. SB 266 to Licensing and Administrative Procedures. SB 267 to Ways and Means. SB 310 to County Affairs. SB 315 to Corrections. SB 326 to Ways and Means. SB 348 to Criminal Jurisprudence. SB 364 to Homeland Security and Public Safety. SB 377 to Criminal Jurisprudence. SB 402 to Land and Resource Management. SB 426 to Human Services. SB 430 to Natural Resources. SB 431 to Defense and Veterans ’Affairs. SB 434 to Human Services. SB 436 to Human Services. SB 438 to Licensing and Administrative Procedures. SB 461 to Defense and Veterans ’Affairs. SB 470 to County Affairs. SB 472 to Business and Industry. SB 473 to Judiciary and Civil Jurisprudence. SB 478 to Agriculture and Livestock. SB 480 to Criminal Jurisprudence. SB 481 to Judiciary and Civil Jurisprudence. SB 482 to Judiciary and Civil Jurisprudence. SB 496 to Criminal Jurisprudence. SB 519 to Criminal Jurisprudence. SB 536 to Public Education. SB 540 to Ways and Means. SB 548 to Transportation. SB 573 to Natural Resources. SB 579 to Pensions, Investments, and Financial Services. SB 596 to Public Education. SB 616 to Agriculture and Livestock. SB 620 to Public Health. SB 622 to Public Health. SB 626 to Licensing and Administrative Procedures. SB 635 to Natural Resources. SB 636 to Natural Resources. SB 661 to State Affairs. SB 694 to Environmental Regulation. SB 701 to Technology. SB 717 to Public Health. SB 718 to Public Education. SB 728 to Natural Resources. SB 735 to Insurance. SB 759 to Urban Affairs. SB 760 to State Affairs. SB 781 to State Affairs. SB 791 to Judiciary and Civil Jurisprudence. SB 792 to Elections. SB 796 to Public Health. SB 797 to Public Health. SB 798 to Public Health. SB 799 to Licensing and Administrative Procedures. SB 801 to County Affairs. SB 838 to Criminal Jurisprudence. SB 843 to Criminal Jurisprudence. SB 851 to Higher Education. SB 855 to State Affairs. SB 859 to Insurance. SB 871 to Insurance. SB 875 to Natural Resources. SB 877 to Criminal Jurisprudence. SB 882 to Criminal Jurisprudence. SB 898 to State Affairs. SB 899 to State Affairs. SB 901 to Public Health. SB 907 to Natural Resources. SB 915 to Ways and Means. SB 924 to Energy Resources. SB 963 to Transportation. SB 1024 to Criminal Jurisprudence. SB 1551 to Criminal Jurisprudence. SB 1662 to Higher Education. SB 1693 to State Affairs. SB 1716 to Judiciary and Civil Jurisprudence. SB 1717 to Judiciary and Civil Jurisprudence. SJR 26 to State Affairs. SJR 28 to Natural Resources.
THE CHAIR: Okay. The House and nine coastal counties stand adjourned until tomorrow, at 10:00 a.m. tomorrow.
(The House stands adjourned).
