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

REPRESENTATIVE LARRY GONZALES: Thank you, Mr. Speaker. Members, I've been eagerly awaiting this opportunity to introduce to you my good friend from Dallas, District 100, Pastor Michael Hubbard of the Hopewell Missionary Baptist Church. In 1999 he began preaching, and in 2001 he became the pastor of Hopewell. And he's a graduate of the Southern Bible Institute in Dallas. He's currently pursuing his Masters of Divinity and Biblical Studies at Southwestern Theological Seminary of Fort Worth. Pastor Hubbard is a man who understands the necessity of balance in his life. He strifes each day towards bettering his relationship with his wife, LaTanya, who is here with him today, and his six children. And he never forgets his mission is to teach and spread the word of God. And he's a dear friend of mine. So please join me in giving a warm welcome to Pastor Michael Hubbard. Pastor: Thank you Representative Johnson. I am going to give the invocation, but I just want to pause. I think it's necessary to pause for a moment before I start the invocation, to remember those that are missing their loved ones in the southeastern part of this country, who had some severe weather. And so God has blessed us, but we're going to pause for a second and then I'll give the invocation. Let us bow. God, we humbly approach you on this day in the highest place in our state, the House of Representatives. It is you who have established the governing authorities, therefore we pray that you would extend your wisdom to each of these honorable representatives. No other House of Representatives have been confronted with such perplexing challenges in the history of our great state, and they are in neat need of you guidance to navigate through the uncharted waters that are ahead of us. Lord, we place these challenges that will certainly affect Texans across the the length and breadth of our state in your hands. Lord, you are aware of their responsibilities to the constituents in each of their districts, and we know you as a creator of all things, so we ask that you would create an atmosphere of unity that will echo throughout each representative's heart so that each citizen's voice is heard in our Capitol. We ask your blessings upon our governor, Governor Rick Perry, his family, and the Governor's Office as a whole. Certainly, we ask your for your blessings upon the Speaker of the House. We pray, God, that you would bless him and his family and his office as a whole. The people of the District of 100, thank you for the courage, the devotion and the integrity that the Honorable Eric Johnson brings to our district. We ask that you will continue to give him wisdom and that you will continue to protect him, and bless his wife, his family and his staff. We ask you, Lord, to have favor upon each representative, individually as well as collectively. We lift before you the Texans that are serving in the armed forces. Lord, protect them as well as all the servicemen and women of America. Especially those that are in harm's way. Let your peace pass all understanding, keeping the representatives' hearts and minds through Christ. And may your face continue to shine upon the great State of Texas. We offer this prayer in the name of Jesus, who is the Christ. Amen.

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

REPRESENTATIVE RODNEY ANDERSON: Mr. Speaker, members, please join me in the Pledge of Allegiance to the flags. [PLEDGE]

REPRESENTATIVE JOE STRAUS: Representative Anderson moves that 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. Chair recognizes Representative Workman to introduce the Doctor of the Day.

REPRESENTATIVE PAUL WORKMAN: Thank you, Mr. Speaker and members. It is my pleasure today to introduce Dr. David Vander Straten of Austin, as our Doctor of the Day. Dr. Vander Straten lives in my district and practices medicine at the Community Care East Austin Community Health Center. As a fellow Aggie he earned his Doctorate on Medicine at the Texas A & M University Health Science Center College of Medicine. He did his internship at the Naval Hospital in Charleston, South Carolina and his residency in the Naval Hospital of Jacksonville, Florida. He has achieved several honors, including Navy commendation medals, and UTMB Teacher of the Year. Dr. Vander Straten is certified by the American Board of Family Practice, and is a member of the American Academy of Family Physicians, Texas Academy of Family Physicians, the Texas Medical Association, the Travis County Medical Society and the Association of Clinicians For The Underserved. Members, today we're in good hands. Please help me Dr. Vander Straten to the Texas House. Thank you.

REPRESENTATIVE JOE STRAUS: Representative Hardcastle, for what purpose?

REPRESENTATIVE RICK HARDCASTLE: Mr. Speaker, there is messenger from the Senate with pink bags in his hand.

REPRESENTATIVE JOE STRAUS: And what would you like me to do about that?

REPRESENTATIVE RICK HARDCASTLE: We could throw him out, but he's a really nice guy. We can't help who he works for.

REPRESENTATIVE JOE STRAUS: Let's 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:

REPRESENTATIVE JOE STRAUS: Excuse Representative Veronica Gonzales because of important business in the district, on the motion of the Representative Howard. Is there objection? Chair hears none. So ordered.

THE CHAIR: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: Move to suspend all necessary to bring up House Resolution 1443.

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

THE CLERK: HR 1443 by Madden. Commemorating the 40th anniversary of Edward Nahas' immigration to the United States and honoring Mr. Nahas and his wife, Alda.

THE CHAIR: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: Members, this recognizes the arrival in the United States 40 years ago today of Mr. Edward Nahas. Edward's a son of Lebanese citizens. He's lived with his family in Libya and his father in sensitive communications positions. And in 1969 they came to the United States. One of the proud individuals that I've had working on my staff is their daughter, Cindy. Great, great, couple. We're so glad to have them here. And we have this resolution that we've done in their honor. And I certainly appreciate them. Members, I'd ask with you to join with me in welcoming them to their House. Stand up, Edward. Please stand up. I move adoption.

THE CHAIR: Members, you've heard the motion. Is there any objection to adoption of the resolution? Chair hears none. So ordered. Representative Workman moves to add all members' names. Is there any objection? Chair hears none. So ordered. Chair recognizes representative Giddings.

REPRESENTATIVE HELEN GIDDINGS: I would like to suspend all necessary rules to take up and consider House Resolution 1647.

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

THE CLERK: HR 1647 by Giddings. WHEREAS, Danielle Jones of DeSoto has distinguished herself through her performance in two science fair competitions held in February 2011; and WHEREAS, Participating in the National Organization for the Professional Advancement of Black Chemists and Chemical Engineers Southwest Regional Science Fair, Danielle won first place in the Elementary division for her project, entitled "Conductors and Insulators"; and WHEREAS, This notable young Texan went on to enter her award-winning design in the DeSoto Independent School District Science Fair Competition; her outstanding work earned her a perfect Score in each category, and she was presented the Overall Best of Show trophy for the elementary division; and WHEREAS, A fourth-grade honor student at Woodridge Elementary School in DeSoto, Danielle is an active member of St. John Church and she enjoys jazz, ballet, and tap dancing, playing the piano, and cooking; and WHEREAS, Danielle Jones has demonstrated that dedication and ingenuity can lead to exceptional results, and her success has made her a role model for her fellow students; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Danielle Jones on her achievements in science fair competitions and extend to her sincere best wishes for the future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Danielle as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Giddings.

REPRESENTATIVE HELEN GIDDINGS: Thank you, Madam Speaker. All of us are delighted when young people like Danielle Jones are involved in math and science and do extremely well, as she has done. On the podium with Danielle today is her mother, LaVita* Jones, and I might point out that LaVita is no stranger to the Texas Legislature, she has worked for Representative -- former representative, Fred Blair; and also for District 109, Helen Giddings. Her dad, Nolen Jones, is here with Danielle. Her brother, Nicholas, and her grandmother, Julie Louis. I move adoption of the resolution.

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

REPRESENTATIVE HELEN GIDDINGS: Members, please join me in a nice round of applause for the accomplishments of Danielle Jones of DeSoto.

THE CHAIR: Chair recognizes Representative Aycock for an introduction.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, Madam Speaker. Members, today we have with us some very special guests, we have veterans from the Korean War; they're scattered up across here in several places. We have the Travis County Veteran's Court. The largest of the groups to attend, I believe, is from Tulane, surprise, 222, the Korean War Veterans Association from Tulane. And in that group, especially, I want to recognize Roberto Gonzales, who is the father of Ambrose. I don't know where Ambrose is right now, but he keeps our computers running here on the floor, so we're especially glad to have them. This Korean War Association, Chapter 215, the Lone Star Chapter. Austin VFW Post 856, and the Disabled American Veterans 219 has some folks here, and there's some other folks that work with the association. For those of you who served in the Korean War, if you would -- I know some of you have a little hard time getting up at this point in your life, but if you would stand up and let us honor you for serving your country? And guys and gals, we're proud of you and we really appreciate your service. Thank you for your service to your country.

THE CHAIR: Is Mr. Legler on the floor of the House? Mr. Davis of Harris and Mr. Smithee, please. Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: Madam Chair, members, I'd like to suspend all necessary rules to take up and consider House Resolution 1635, recognizing Ben Meador.

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

THE CLERK: HR 1635 by Legler. Honoring Ben Meador for his service to the San Jacinto College Board of Trustees.

THE CHAIR: Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: I move adoption.

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

REPRESENTATIVE KEN LEGLER: Members, today we're honoring a great man, Ben Meador. We're going to make it real short here. He's included in his term

(inaudible), and he was the one that basically did everything in his power to get the San Jacinto College started. I'm here flanked by my fellow representatives, who are a large part of the San Jacinto District. Wayne Smith, to my right and John Davis to my left; not only San Jacinto College but a fine gentleman. Thank you. Mr. Davis of Harris moves to add all members' names. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Smith for a motion.

REPRESENTATIVE WAYNE SMITH: I need to recommit, make motion and recommit House Bill 3251. We need to correct an error. It needs to be recommitted to the Committee on Environmental Regulation, and I move passage.

THE CHAIR: Members, you've heard Mr. Smith's motion to recommit House Bill 3251 back to Environmental Regulations. Is there any objection? Chair hears none. Motion is granted. Chair recognizes Representative Sheets for an important introduction.

REPRESENTATIVE KENNETH SHEETS: Madam Speaker, thank you. Members, if you'll join me today in wishing Representative Rodney Anderson a happy birthday.

REPRESENTATIVE ERWIN CAIN: Madam Speaker?

THE CHAIR: Mr. Cain, for what purpose?

REPRESENTATIVE ERWIN CAIN: Will the representative yield?

REPRESENTATIVE KENNETH SHEETS: Am I not a gentleman?

REPRESENTATIVE ERWIN CAIN: We'll go with that today.

REPRESENTATIVE KENNETH SHEETS: I yield.

REPRESENTATIVE ERWIN CAIN: Representative Sheets, when you and Representative White and Representative Anderson and I rented the house over by Mopac, we were told that a train may come by every once in a while.

REPRESENTATIVE KENNETH SHEETS: I hear that train every morning.

REPRESENTATIVE ERWIN CAIN: Do you have any idea why we have a train going through the house all the time?

REPRESENTATIVE KENNETH SHEETS: I believe that would be Mr. Anderson's snoring.

REPRESENTATIVE ERWIN CAIN: I see. Do you have any idea how old our esteemed colleague is?

REPRESENTATIVE KENNETH SHEETS: I do not think that'd be appropriate to say, but I believe he's nine years older than I am.

REPRESENTATIVE ERWIN CAIN: I'm curious if that freight train is going to get louder with age.

REPRESENTATIVE KENNETH SHEETS: I don't know if it's possible to get any louder, when I can hear it downstairs when he's upstairs.

REPRESENTATIVE ERWIN CAIN: Happy birthday, Mr. Representative.

REPRESENTATIVE RANDY WEBER: Madam Speaker?

THE CHAIR: Mr. Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Will the gentleman for the day yield?

THE CHAIR: Do you yield?

REPRESENTATIVE KENNETH SHEETS: Of course I do.

REPRESENTATIVE RANDY WEBER: Representative , I'm hearing from the floor over here that he's probably 43; is that your best understanding?

REPRESENTATIVE KENNETH SHEETS: Well, I'm 34, and he's nine years older than I am, so I believe so.

REPRESENTATIVE RANDY WEBER: Is there a calculator on the floor of the House? So he's 43. Well, I have to say happy birthday to Mr. Anderson, and he doesn't look 43, but it probably wasn't too long ago -- but it probably wasn't too long ago when he did.

REPRESENTATIVE KENNETH SHEETS: I'm feeling kind of tall right now.

REPRESENTATIVE RANDY WEBER: Happy birthday.

THE CHAIR: Chair recognizes Representative Anderson, in his own defense.

REPRESENTATIVE RODNEY ANDERSON: In my own defense, sorry, about that guys. I have but one birthday wish today, guys. I do appreciate you saying happy birthday, but my birthday wish today is that everyone would remove any amendments to the TxDOT Sunset Bill and we can all go home early. That would be my birthday request. Thank you, Madam Speaker.

THE CHAIR: Ms. Woolley? Chair recognizes Representative King of Taylor.

REPRESENTATIVE SUSAN KING: Thank you, Madam Speaker and members, I would like to suspend all necessary rules to take up and consider House Resolution 1574.

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

THE CLERK: HR 1574 by King of Taylor. Congratulating Eddie and Joan Blackwell of Abilene on their golden wedding anniversary.

THE CHAIR: Chair recognizes Representative King of Taylor.

REPRESENTATIVE SUSAN KING: Members, I would like to share with you a few comments about this family. Evidently, their son, Mr. Blackwell, Mike Blackwell lives here in the Capitol as an employee, and I haven't had the opportunity to meet him, but I find it very endearing that they wanted to honor his family today. They live in Abilene, which is my hometown. And I loved reading the resolution, because on one of the their first dates they ate at the world famous -- the most sought after eating establishment perhaps in the United States, The Dixie Pig. Now, if you've never been to Abilene you need to go today, you need to go immediately to help our economic development, our revenue streams. And why? Because this place welcomes all comers, now don't they? Would the Blackwells stand up? I think I see you. Very good, very good. Please welcome the Blackwells. It's their 50th anniversary. I think it's important to take the time to do this in this place, because isn't it important to recognize devotion, respect and patience and willingness to stay together for the fight, for 50 years. Not that you do fight, I don't know if you do or not. But perhaps we, as legislators, can learn a lesson, that you need to be patient and respectful and honor others. And you, with your 50th anniversary, have shown that to all your friends and family. You've shown that to anyone who encounters you, and you are to be congratulated. You will receive this resolution in a special parchment with ribbons and all the things we do. But today hold tight to each other and know that you have done something that very few people have. Please honor the Blackwells. And, congratulations, this is your Texas House. Thank you. Move adoption.

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

REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker and members. I appreciate this personal privilege. I just want to take a second to have my colleague, Lyle Larson and friend here join me to recognize one of his constituents, but the proud dad of the two fine young Texans we have standing behind us, Joey and Marissa. Yeah, well, Daniel Dilly, dad, who is up there, we went to high school together, Central Catholic High School in San Antonio, played football together. And I'm as proud as I can be, not because of all of his accomplishments, but because he's a great dad. He's a fighter, and he's fighting through his recently diagnosed Non Hodgkin's lymphoma, and he's surviving and he's going to do well. We love you, and we're proud of you. Welcome to your House.

THE CHAIR: Chair recognizes Representative Johnson.

REPRESENTATIVE LARRY GONZALES: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider House Resolution 1911 honoring Kappa Alpha Psi Fraternity, Incorporated on a hundred years of existence.

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

THE CLERK: HR 1911 by Johnson. WHEREAS, Kappa Alpha Psi is celebrating the 100th anniversary of its establishment at a Grand Chapter Meeting to be held in Indianapolis from July 4 through 10, 2011; and WHEREAS, Founded on the campus of Indiana University in Bloomington on January 5, 1911, and open to all men regardless of color, creed, or national origin, the fraternity adopted the motto "Achievement in every field of human endeavor"; and WHEREAS, Alumni chapters in Marshall and Houston were chartered in 1928, and the state's first undergraduate chapter was chartered at Wiley College in 1935; today, there are more than 50 collegiate and alumni chapters in the Lone Star State and more than 600 internationally; and WHEREAS, Kappa Alpha Psi is committed to training and mentoring its members in preparation for leadership roles and for graduate and professional studies; its national initiatives include programs that provide summer enrichment as well as educational and occupational guidance, particularly focusing on middle and high school students; additionally, the group has raised more than $1 million for St. Jude Children's Research Hospital and supports scholarships, after-school programs, and projects like habitat for Humanity; and WHEREAS, With achievement as its purpose, Kappa Alpha Psi has fostered the bonds of brotherhood and given back to the community for a century, and it is indeed appropriate to honor this worthy organization and recognize the many accomplishments of its members; Now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commemorate the 100th anniversary of the founding of Kappa Alpha Psi Fraternity and extend to all its members sincere best wishes for a meaningful and memorable centennial celebration; and, be it further RESOLVED, That an official copy of this resolution be prepared for Kappa Alpha Psi as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Johnson.

REPRESENTATIVE LARRY GONZALES: Thank you, Mr. Speaker. Members, I was initiated into the Alpha Kappa Psi, Incorporated on April 11, 1996 at 2:43 a.m. and 20 seconds. And I've been a proud member of the organization ever since. My uncle, William Jacobs, the first member of my family to join this illustrious fraternity, and he was initiated with the Honorable Harold Dutton in 1962, at the Beta Epsilon Chapter at the Texas Southern University. And the fraternity is in my heart and I love it, and we have several members of the fraternity here today from the Austin area and the San Antonio area. Joining us on the dais today we have the poll mark of the Austin Alumni Chapter, brother Eric

(inaudible), and the vice poll mark, Kevin Overton, as well as brothers Virgil Starks and his wife, Sandra Starks, and brother Aaron Smith today. As well as we have several members of the fraternity in the gallery. We have some here in the east gallery joining us today. So let's extend a warm welcome to the members of Kappa Alpha Psi, the greatest fraternity in the history of the world. I love you, brothers. A hundred years in the making. Let's hear it through a hundred more, and I'll see you at the Indianapolis Conclave this summer. I move adoption.

THE CHAIR: You've heard the motion, members, is there any objection? And the Chair says Amen to everything Mr. Johnson says. Any objections? Chair hears none. Ms. Ruth McClendon Jones moves to add all members' names.

REPRESENTATIVE JOE DESHOTEL: Mr. Speaker?

THE CHAIR: For what purpose? Mr. Deshotel.

REPRESENTATIVE JOE DESHOTEL: To legitimize this organization. As an Alpha I would like to move that all names be added to the resolution.

THE CHAIR: We will take that into consideration, and if there's any Alphas present who need to be admitted to Kappa Alpha Psi, we would so welcome them. Any objection to Ms. Ruth Jones McClendon's motion? Chair hears none. Motion is adopted. Chair recognizes Representative Lozano for an introduction. Thank you, Mr. Speaker and members, I'm proud to say today that I have some distinguished guests from Kingsville, Texas. Texas A & M, Kingsville. And if y'all would please stand? We have the Dean of Student Affairs, Joe Cusak, and his wife, Mrs. Cusak, and the presidential ambassador from Texas A & M, Kingsville. These students are truly the cream of the crop. They are the shining stars in my district, and I'd like you all to join me in welcoming them to your Capitol. Thank you, guys.

THE CHAIR: Members, in just a moment we'll be on the calendar. Chair lays out on third reading and final passage Senate Bill 653. 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 the to functions of the independent ombudsman of the Texas Youth Commission.

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

REPRESENTATIVE JERRY MADDEN: Members, this is the bill that corrects our Texas Juvenile Justice Department, which we discussed yesterday. And there are three amendments.

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

THE CLERK: Amendment by Madden.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker, members, this is truly a technical clean up on just a couple of words in chapters and subchapters. And I move adoption.

THE CHAIR: Members, Mr. Madden sends up an amendment. Is there any objection to the adoption? Chair hears none and the amendment is adopted. The following amendment. Clerk will read the amendment.

THE CLERK: Amendment by McClendon.

THE CHAIR: Chair recognizes Representative McClendon. Thank you, Mr. Speaker and members. This amendment does not negate, but asks for protection given to statements made to the juvenile probation officer by a youth, which were documented as part of their initial risks and needs assessment. And is I think this is acceptable to the author.

THE CHAIR: Members, Ms. McClendon sends up an amendment. The amendment is acceptable to the author. Is there any objections to the adoption of the amendment? Chair hears none. Amendment is adopted. Following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Veasey.

THE CHAIR: Chair recognizes Representative Veasey. Members, this amendment is acceptable to the author. It says that data compiled by local juvenile probation departments are related to abuse or neglect (inaudible) be reported to the office of the independent ombudsman.

THE CHAIR: Members, the amendment is temporarily withdrawn. The chair are will recognize Representative Orr for an introduction. Mr. Speaker, members, I'm honored to have here today the fourth graders from Boulevard Baptist Christian Church from my hometown of Burleson. The students will be touring the Capitol and traveling to San Antonio to visit the Alamo. Among their sponsors today is teacher, Mrs. Wilford, and also my great friend of mine, Joanna Matthews. Would y'all please stand up? And welcome to your State Capitol. Members, help me welcome them.

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

THE CLERK: Amendment by Veasey.

THE CHAIR: Chair recognizes Representative Veasey. Members, this is what we talked about earlier. I just added the section in there. And I move passage.

THE CHAIR: Members, you've heard the motion. Amendment is accepted by the author. Are there any objections to the amendment by Veasey? Chair hears none. So ordered. That concludes our amendments. Is there anyone wishing to speak on, for, or against Senate Bill 653? If not, Chair recognizes Representative Madden to close.

REPRESENTATIVE JERRY MADDEN: Members, I want to thank you and all my committee and staff who worked so hard on this. And I move adoption.

THE CHAIR: Members, the question occurs on final passage of Senate Bill 653. Clerk will ring the bill. Have all voted? Representative Hunter voting aye. Representative Gonzales voting aye. Representative Laubenberg voting aye. Have all members voted? Representative Parker voting aye. Have all members voted? Being 146 ayes, 2 nays; Senate Bill 653 is finally passed. Chair recognizes Representatives Hunter and Pitts for a calendar rule. Mr. Speaker, members, I'm going to move for a calendar rule in connection with the fiscal matters bill that is set for Tuesday. Pursuant to House Rule 3, Section 52, and House Rule 6, Section 16F, I move and propose the following rule governing for consideration of HB 3790. Each original amendment to committee substitute of HB 3790 will be offered during second reading consideration, must be filed with the Chief Clerk not later than 10:00 a.m. on Monday, May 2nd, 2011. So, Monday at 10:00 a.m. you would file amendments for the Fiscal Matters Bill set for Tuesday. I move adoption.

THE CHAIR: Members, you have heard the motion for the adoption of the calendar rule. Mr. Raymond, for what purpose? Would the gentleman yield for a question. Yes.

THE CHAIR: Gentleman yields. Would that be this coming Monday? This Monday, central standard time at 10:00 a.m.

THE CHAIR: Members, you've heard the motion for the adoption of the calendar rule for House Bill 3790. This is a record vote, members. Clerk will ring the bell. Have all members voted? Have all members voted? There being 147 ayes and 0 nays, the calendar rule is adopted. Chair lays out on third reading House Bill 397. Clerk will read the bill.

THE CLERK: HB 397 by Laredo. Relating to the creation of the Bureau for Economic Development of the Border Region.

THE CHAIR: Chair recognizes Representative Margo. Thank you, Mr. Speaker and members, that is a bill that we passed overwhelmingly yesterday. It's about jobs on the border, on both sides, and it's all privately funded. I move passage.

THE CHAIR: Members, is there anyone who wishes to speak on for or against House Bill 397? If not, the question occurs on final passage of House Bill 397. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 116 ayes and 29 nays, House Bill 397 is finally passed. Chair lays out on third reading and final passage House Bill 693. Clerk will 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.

THE CHAIR: Chair recognizes Mr. Price. Thank you, Mr. Speaker. This is the Senate bill passed yesterday requiring groundwater conservation districts to contract with so, if requested by a party to a contested case who is willing to pay for it. I move passage.

THE CHAIR: Members, is there anyone wishing to speak on, for, or against House Bill -- excuse me, Senate Bill 693? If not, the question occurs on final passage of Senate Bill 693. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? Showing representative Dutton voting aye. Being a 143 ayes, 0 nays; Senate Bill 693 is finally passed. Chair lays out as a matter of postponed business House Bill 1390. Clerk will read the bill.

THE CLERK: HB 1390 by Deshotel. Relating to retainage under certain construction contracts.

THE CHAIR: Chair recognizes Representative Deshotel. Thank you, Mr. Speaker. I have an amendment. A Complete committee substitute amendment. I'd like to file.

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

THE CLERK: Amendment by Deshotel.

THE CHAIR: Chair recognizes Representative Deshotel. Okay. This complete committee substitute is the result of an agreement that was reached over the weekend between the Texas Construction Association and the Association of General Contractors, Texas Building Branch and Associated Builders and Contractors of Texas, regarding the retainage lien laws. It simply just streamlines the lien laws as they apply to retainage, only. And I have an amendment to the amendment.

THE CHAIR: Members, following amendment to the amendment. Clerk, read the amendment.

THE CLERK: Amendment to the amendment by Deshotel.

THE CHAIR: Chair recognizes Representative (inaudible). -- clarifies a construction error in the construction of the original amendment, and clarifies -- straightens up a problem. And I move adoption. It is acceptable to the author.

THE CHAIR: Mr. Deshotel sends up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. So ordered. We're now on the Deshotel amendment as amended. Mr. Speaker, I move adoption.

THE CHAIR: Mr. Deshotel sends up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. So ordered. Is there anyone wishing to speak on, for, or against House Bill 1390? If not, the Chair recognizes Representative Deshotel to close. I close, Mr. Speaker.

THE CHAIR: Members, the question occurs on passage to third reading of House bill 1390. All in favor say aye. Opposed say nay. The ayes have it. House Bill 1390 passes to third reading. Chair recognizes Representative Sheets for a very important announcement.

REPRESENTATIVE KENNETH SHEETS: Mr. Speaker , thank you. Mr. Speaker and members, it is my pleasure to, as a parishioner of St. Thomas Aquinas Church in Dallas, to recognize 7th graders from the St. Thomas Aquinas School who are up in the gallery. If you will please join me in welcoming them to their Texas House. And I would also like to add that our distinguished parliamentarian is also an alumnus of the St. Thomas Aquinas School.

REPRESENTATIVE SYLVESTER TURNER: Members, we're about to begin TxDOT Sunset. Chair recognizes Representative Davis for a motion.

REPRESENTATIVE JOHN DAVIS: Thank you Mr. Speaker and members, and I request permission for the Committee on Economic and Small Business Development to meet while the House is in session at noon today, April 29th, 2011, in room 3W.9, to consider pending business.

REPRESENTATIVE SYLVESTER TURNER: Members, you have heard the motion. Is there any objection? Chair hears none, so ordered. Following announcement, clerk will read the announcement.

CLERK: The Committee on Small Business and Economic Development will meet at noon on April 29th, 2011, at 3W.9. This will be a formal meeting to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative Hardcastle for an announcement in English.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker. Members, members of the Ag Committee, we are going to have a formal meeting at 1:30 in 3W9 to take up pending business. Pending. Pending.

REPRESENTATIVE CHARLIE GEREN: Mr. Hardcas tle, we need for you to finish the announcement.

REPRESENTATIVE RICK HARDCASTLE: I make the motion for the Agricultural and Livestock Committee to meet while the House is in session at 1:30 p.m., April 29th, of 2011, in 3W9; to take up pending business.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none, so ordered. Clerk will read the announcement.

CLERK: The Committee on Agricultural and Livestock will meet at 1:30 p.m. on April 29th, 2011, at 3W.9. This will be a formal meeting to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Chair lays out House Bill 2675. Clerk will read the bill. On second reading. Clerk will read the bill.

CLERK: HB2675 by Harper-Brown. Relating to the continuation and functions of the Texas Department of Transportation; providing penalties.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , I just want to make sure that everyone understands that the amendments that you have filed will -- I'm going to make a motion that the amendments that you have filed will carry over to the Senate Sunset Bill for TxDOT. So I'm going to move that so that we -- the language will be identical, we'll be able to move, take your amendments, and apply them to the Senate bill as well. And that I move that we accept that.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? The Chair hears none, so ordered. Members, the Senate Companion to House Bill 2675 is over and eligible. Accordingly, the Chair lays out Senate Bill 1420. The clerk will read the bill.

CLERK: SB1420 by Hinojosa. Relating to the continuation and functions of the Texas Department of Transportation, providing penalties.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , as most of you know, the Senate Bill 1420 is the TxDOT Sunset Bill. And I'm just going to go over a few of the major provisions within that bill, before we start on the amendments. In the current bill that's before you, the governor and organization structure remains the same. It's still the five member governor appointed transportation commission, with each member appointed to reflect diversity of geographic regions and population groups of the state. It strengthens TxDOT internal controls and involvement efforts to prove accountability and transparency. It authorizes the commission to appoint an inspector general, it establishes a chief financial officer that reports to the executive director, and requires the CFO to be a CPA, licensed and in good standing. It represents on the transportation planning it requires TxDOT to develop a comprehensive, transparent and easily understandable planning and recording system for transportation projects, to develop a detailed, online project information reporting system, and to establish an online transportation expenditure reporting system. It also requires the department to annually evaluate and publish a report regarding the status of each transportation bill for the state. And under the contracting functions, it does authorize TxDOT to use (inaudible) bill and under the outdoor advertising, it standardizes licensing and regulation of outdoor advertising by applying the license requirements and standard enforcement that currently exist for billboards. It transfers TxDOT oversize, overweight functions to the Department of Motor Vehicles. And, members, just to ensure that the changes that am seeing now, and I will tell you that I think most of you know, I have been one of the most vocal opponents of TxDOT functions, how they operate; but I can tell you that I see light at the end of the tunnel. I do believe that the commission is really trying to make changes to TxDOT to make it more transparent and efficient, and to make this -- move those projects ahead much more quickly than they have in the past. So I believe that they are trying. But just in case, just in case there's something that happens and they don't continue to move forward on the recommendations that we have made as a legislature, as well as the audits and the governor's commission that evaluated TxDOT, we have in this bill a Sunset date of 2015. So that means in four years we can come back and review their progress once again. So, members, with that I will start accepting or discussing the amendments. Thank you, members.

REPRESENTATIVE CHARLIE GEREN: The following amendment. The clerk will read the amendment. This is on page one of the packet, members.

CLERK: Amendment by Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , I have an amendment to this amendment. This is the amendment that keeps the requirement in the bill for the CFO to be a CPA, but there is an amendment to the amendment.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there any objection? The Chair hears none, so ordered. Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , the amendment to the amendment would require that the professional experience that they have, when it says the number of years of experience, would include fund accounting for government agencies. We don't just want someone to come in to discuss -- that just says they have ten years of professional experience in fiscal management practice and procedures, but we would like to have someone that understands fund accounting for government agencies; since that is what the CFO at TxDOT does. So I move adoption of the amendment as amended. It is acceptable to the author. REPRESENTATIVE LINDA HARPER-BROWN: Repres entative Harper-Brown sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none, so ordered. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative Harper-Brown. Members, the amendment is withdrawn. The following amendment. The clerk will read the amendment. Members, this amendment is on page three.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Mr. Speaker and members. This is again relating to the CFO duty, and there was some questions during the committee that perhaps the language puts the FO into looking at every bid, and that was not the intent. So this language actually lets them oversee the department's -- says oversee the department's financial

(inaudible) including financial forecasting, budget and monitoring the budget, financial reporting on state and federal programs, managing the department's debt and loan portfolio; and then requires the CFO to certify each month that any state and highway maintenance contract be awarded by the department during the month will not create state liability that exceeds the department's most recent cash flow forecast. And that's to prevent the problem that we had where the error was made on the $2 billion before. And it is acceptable to the author. I'm sorry, 1 billion, the error before. It's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection? Chair hears none, so ordered. The following amendment. The clerk will read the amendment. Members, this amendment is on page four.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, the amendment on page four is a technical correction on the planning process. It resolves a technical conflict and inconsistencies in the wording of the bill. And it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection to adoption? Chair hears none, so ordered. The following amendment. Clerk will read the amendment.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Members, we're on page five. The Chair recognizes Ms. Harper-Brown. The Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: All right. Members, on amendment five, on page five, is the annual employee performance evaluation. We are -- We're adding an employee at or above the level of (inaudible) or office director to those that the commission must consider terminating, based on unsatisfactory performance evaluation. We just want to clarify, we don't want them to look at every employee in TxDOT that's receiving this evaluation, individually. We just want them to look at that level. And so we are trying to get the language correct. And it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection to adoption? Chair hears none, so ordered. The following amendment. Clerk will read the amendment.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Members, this amendment is on page six. The Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , I have an amendment to the amendment on page six. This is the inspector general.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , the amendment to the amendment specifies that the ID must notify the state auditor and attorney general of any suspected unlawful activity. Right now, the inspector general would report to the commission but, if there was something unlawful, or any suspected unlawfuls, then we want them to report it to the auditor, the state auditor or the attorney general. And the amendment to the amendment is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment to the amendment is acceptable to the author. Is there any objection to the adoption? Chair hears none, so ordered. Chair recognizes Ms. Harper-Brown.

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker?

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

REPRESENTATIVE YVONNE DAVIS: I'd like to ask a question about this amendment.

REPRESENTATIVE CHARLIE GEREN: Will you yield, Ms. Harper-Brown? REPRESENTATIVE LINDA HARPER-BROWN: Yes, I'll yield for a question.

REPRESENTATIVE CHARLIE GEREN: The lady yields.

REPRESENTATIVE YVONNE DAVIS: Thank you, I appreciate that. I wanted to understand the role of the inspector general, and as I read this amendment you now as inspector general asking for their independent appropriation outside of the department. So are we putting them outside of the department? Because on page two it talks about the appropriations and budget now. We're giving them the authority to have their own appropriations. They're submitting operating budget that's outside of the department. REPRESENTATIVE LINDA HARPER-BROWN: All right, let me look at that just one minute. Tell me again, I'm sorry.

REPRESENTATIVE YVONNE DAVIS: On page two of your amendment it talks about -- the first part of it talking about -- it has to do with the with appropriations and budget of inspector general, and you're allowing them to go outside of the department and create their own budget and have their own authority. And, in fact, you go on to tell them that the operating budget is not subject to review, alteration or modification by the department. So are we setting them outside of the department? Is it our intent to have them independent of the department, they have their own budget the department can't review, look at it? REPRESENTATIVE LINDA HARPER-BROWN: Well, I think we were trying to separate -- What we were trying to do there was separate the funding for it so that if the commission did appoint it it could not be cut to where they couldn't officially operate. So we were going to have them go to the Appropriations and make a request to that department.

REPRESENTATIVE YVONNE DAVIS: Well, this is a little unprecedented. We're going to have various departments and agencies going to the appropriations process outside of the department that they're a part of? REPRESENTATIVE LINDA HARPER-BROWN: Well --

REPRESENTATIVE YVONNE DAVIS: It's a unique way to do the budget in the department, now you're giving them the authority to go and do their own thing outside of the department's budget. And so I'm wondering, are we clear that we want our department working out -- the departments working outside of the department they're a part of? REPRESENTATIVE LINDA HARPER-BROWN: If you want, Yvonne, we can remove this language, because I'm not really, you know, stuck on keeping that language in there. It's not something that I have to have.

REPRESENTATIVE YVONNE DAVIS: Okay. Will you take an amendment? REPRESENTATIVE LINDA HARPER-BROWN: I will. I will. So what I will do right now is to withdraw the amendment as amended, and we will bring that back. We'll withdraw the amendment and get that drafted.

REPRESENTATIVE CHARLIE GEREN: Ms. Harper- Brown moves that the amendment as amended be temporarily withdrawn. Is there any objection? Chair hears none, so ordered. The following amendment. The clerk will read the amendment. Members, we'll be on page 22. The amendment on page 22 is withdrawn. The following amendment. The clerk will read the amendment. Members, this is on page 23.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , amendment No. 8 is a newspaper notification. And what we have done, because we want to be sure that there is transparency, this is only on the letting -- just the, it's very narrowly drafted the way it is right now. It doesn't say we're talking out all newspaper notifications, but what this amendment does -- it doesn't say that in the bill. But what this amendment does is now say that if we're going to advertise on the internet that they still have to put a notice in the newspaper to say that the -- the full notification will be on the internet, but that the -- they won't have to buy as many lines, which will save TxDOT money. So they still have to notify by the newspaper. But I want you all to know the reason that I was doing this is because, right now, if you take the five -- the state's five major newspapers, their total circulation for all five major newspapers is just over 1 million people. Whereas, on the internet, 68 percent of the people of the population in Texas use the internet regularly, which means over 17 million people would get the notice. So it is more transparency, it's more open. But we're leaving -- With this amendment to the bill we'll leave in they that they still buy something to notify the public to go look at their website, and give the website address, to find the rest of the information on that one process that we were eliminating that they had to advertise.

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker?

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

REPRESENTATIVE YVONNE DAVIS: I'd like to ask a question.

REPRESENTATIVE CHARLIE GEREN: Ms. Harper- Brown, will you yield? REPRESENTATIVE LINDA HARPER-BROWN: Yes, I yield for a question.

REPRESENTATIVE YVONNE DAVIS: Thank you, Ms. Brown. And I appreciate what you're trying to do with regard to the newspapers. My concern is the language that speaks to shall give notice to interested persons regarding -- So who's interested persons and have we -- are we making sure we're not cutting out the general public not having access? So who's the interested persons? Wouldn't it be all the citizens of Texas? I'm just worried that we're going to limit it to folks who might want to have access to this information, and I want to make sure we're not doing anything to cut -- to limit access for people who live in the state of Texas that might not be part of an industry or something. What are we talking about when we say interested persons? REPRESENTATIVE LINDA HARPER-BROWN: No we're not trying to limit it to fewer than that. Because now what they have is they have an advertisement on the website, and they will still have the notification in the newspaper to tell them to go to the website for the other information. I'm sorry. On the interested persons, most of those go through another method to get that notification for a private entities that give it to them. So this is just to try to make sure that we continue to do what we're already doing, plus add this other opportunity to advertise on the internet as well.

REPRESENTATIVE YVONNE DAVIS: Okay. But if an interested person -- I mean, who is the interested person? I just want to make sure that we're not allowing certain folks to have access and others to not. So if, in fact, someone calls the department and -- How are we defining interested persons? That's my frustration. It sounds like we're having the class group only as to who's going to be given this notice to, and I want to understand what that is. REPRESENTATIVE LINDA HARPER-BROWN: Just one moment.

REPRESENTATIVE YVONNE DAVIS: Okay. Thank you.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Ms. Davis for what purpose?

REPRESENTATIVE YVONNE DAVIS: I thought she was getting -- REPRESENTATIVE LINDA HARPER-BROWN: Wait just one second.

REPRESENTATIVE CHARLIE GEREN: Okay. Mr. Berman, for what purpose?

REPRESENTATIVE LEO BERMAN: I'd like to ask a question of Mr. Phillips if he --

REPRESENTATIVE CHARLIE GEREN: Mr. Phillip s doesn't have the mic right now, Mr. Berman.

REPRESENTATIVE LEO BERMAN: I'll ask of --

REPRESENTATIVE CHARLIE GEREN: Mr. Berman, will you hold on just one second? Ms. Harper-Brown is looking up an answer for a question for Ms. Davis and then I'll be happy to recognize you.

REPRESENTATIVE LEO BERMAN: Okay, thank you. REPRESENTATIVE LINDA HARPER-BROWN: Ms. Da vis, I know that is your concern and I appreciate your concern, but actually what we're doing is broadening it. Because when it says interested persons, that they give notice to interested persons, that was original language from the Sunset Bill. And that part of is saying -- Sunset the recommendation. What they're saying is to make sure that all those people who bid have to receive notice, too. But then we're also putting it on the internet now with my amendment, and we're also putting it -- Still continuing to put something in the newspaper, so we're just trying to make sure we broaden the number of people that will actually receive the information.

REPRESENTATIVE YVONNE DAVIS: But Ms. Harper-Brown, you say to interested persons. That's a group, an entity, a special group. That does not allow it to be broad. And you, in fact, identifying. And so who is to determine who the interested person is? And so I don't know that you're making it broader when you use that kind of language. That kind of language suggests you're talking about a particular group, and it says interested persons. Who is interested persons? And I'm wondering what does that mean, who is that? REPRESENTATIVE LINDA HARPER-BROWN: All right, what I think I'm going to do I'm going to pull this amendment -- I'm going to pull this amendment down and then we'll take the interested persons out, if you want to offer an amendment to the amendment.

REPRESENTATIVE YVONNE DAVIS: I just don't want us to have anything that has the affect of limiting any of the citizens from having access. REPRESENTATIVE LINDA HARPER-BROWN: No, what we're trying to do is expand the notification, but also trying to save money at the same time. But by putting it on the internet we expand it to more people, so that's fine. So I will withdraw this amendment, temporarily.

REPRESENTATIVE CHARLIE GEREN: Members, Ms. Harper-Brown moves to temporarily withdraw the amendment. Is there objection? The Chair hears none. Mr. Berman, for what purpose?

REPRESENTATIVE LEO BERMAN: Will the lady yield?

REPRESENTATIVE CHARLIE GEREN: Ms. Harper- Brown, do you yield to Mr. Berman? She will. REPRESENTATIVE LINDA HARPER-BROWN: Yes.

REPRESENTATIVE LEO BERMAN: Linda, we're getting e-mails now and I think you know that. In any of your amendments that you're offering today, in the future, is there any revival of the Trans-Texas Corridor? REPRESENTATIVE LINDA HARPER-BROWN: No, not ever, not at all. We've already passed a bill to do away with the Trans-Texas Corridor, I am not reviving it in any way, fashion or form. I do not want the Trans-Texas Corridor in this bill. I do not want, I have no desire to revise the Trans-Texas Corridor.

REPRESENTATIVE LEO BERMAN: Mr. Speaker, can we reduce this to writing and put it in the journal?

REPRESENTATIVE CHARLIE GEREN: Members, you have heard the motion. Is there any objection? The Chair hears none, so ordered. Mr. Jackson, for what purpose?

REPRESENTATIVE JIM JACKSON: Mr. Speaker, will the lady yield?

REPRESENTATIVE CHARLIE GEREN: Will you yield? REPRESENTATIVE LINDA HARPER-BROWN: I will yield for a question.

REPRESENTATIVE CHARLIE GEREN: She will.

REPRESENTATIVE JIM JACKSON: Representative Harper-Brown, do you think -- and this is from prior experience, I think this may be the case, the interested persons who add their names to be put on the bid list, be notified of future bids? REPRESENTATIVE LINDA HARPER-BROWN: You're right. That's why I started to say the contract is the people that actually deal with people.

REPRESENTATIVE JIM JACKSON: So if you're a person who has interest in that area, you would ask the department when you send out information on bids, please notify me. And whoever wants to can get their name on the list and be an interested person? REPRESENTATIVE LINDA HARPER-BROWN: That's exactly right. But the way --

REPRESENTATIVE JIM JACKSON: Thank you. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Representative Jackson.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative Hunter for an announcement.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I request permission for the Committee on Calendars to meet while the House is in session at 12:15 p.m. today, April 29th, place 3W15; to consider a calendar.

REPRESENTATIVE CHARLIE GEREN: Members, you've heard the motion. Is there objection? The Chair hears none, so ordered. Following amendment -- or excuse me. The clerk will read the announcement.

CLERK: The Committee on Calendars will meet at 12:15 p.m. on April 29, 2011, at 3W.16. This will be a formal meeting to consider a calendar.

REPRESENTATIVE CHARLIE GEREN: The following amendment. The clerk will read the amendment. Members, this amendment is on page 24.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , this amendment is the amendment for the subaccounts for local -- for NPOs and local. I want to be sure that the Dallas area understands that this is -- this requires TxDOT to hold the funding in a subaccount. It also authorizes TxDOT to assign responsibility for allocating the money to an NPO, and this is a similar concept that was in SB19 by Nichols, and SB1814 by Davis. So this is trying to make sure that that money is only used for the purpose that it's supposed to be used for. And it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection to the adoption of the amendment? The Chair hears none, so ordered. The following amendment, the clerk will read the amendment. Members, this is on page 25.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: The Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, there is an amendment to the amendment.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment by Schwertner.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Dr. Schwertner.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Mr. Speaker. This amendment to the amendment is a clarifying amendment that clarifies the language on page four, subsection E. It is agreed to language by the author, TxDOT (inaudible) and interested parties. I move adoption.

REPRESENTATIVE CHARLIE GEREN: Amendment the amendment to the amendment is acceptable to the author. Is there any objection? The Chair hears none, it is adopted. Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , this is the language that's in Senate Bill 548 that Watson, Nichols and Ogden have, and it's about the expedited environmental review process. It allows them to enter into funding agreements with state or federal agencies to facilitate the agency's performance of its duties. But it does not change what the environmental process is supposed to do. It does not change the scope of environmental process, and it does nothing except to allow them to hire people to help expedite the review of that environmental process. It is acceptable to the author. The amendment as amended is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the author moves for adoption of the amendment. Is there any objection? Chair hears none, so ordered. The following amendment. The clerk will read the amendment. Members, we're on page 36.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , this amendment is the amendment that determines in sharing the risk on toll projects. Since the region is putting money into these projects, and the people are paying for it through tolls, it's responsible and fair that counties and cities directly impacted by these projects be involved in those procurement decisions, as well as the private entities and the transportation entities involved. So this just allows them to comment on sharing the risk, as well as the toll amounts, how much can be charged. Puts more of it in the hands of the local entities. It's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there objection to the adoption of the amendment? The Chair hears none, so ordered. The following amendment. Clerk will read the amendment. On page 37, members.

CLERK: Amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , there is one amendment to the amendment that -- On No. 12.

REPRESENTATIVE CHARLIE GEREN: Following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Mr. Speaker and members, the amendment to the amendment actually allows -- there was some language in this agreed-upon amendment that was agreed upon by TxDOT, the AGC and the engineers; the entire amendment. But the amendment to the amendment had one -- I'm sorry, the amendment had some language in it that did trouble me in that it said if there are -- if there's only one bidder, that you could not move forward with that bid. Now what bothered me about that language is that -- Let's say you have two people that put in their request to RSQ, their qualifications; and one of them sees that their qualifications may not be accepted, so they pull that -- they pull their RSQ. Then that would start the progress over again. The entire process over again. So what bothers me about that is that if -- that they could game the system. If somebody that's submitting these RSQs decides that they want to withdraw, because it looks look they may not be the chosen entity, then it could cause then the whole process to start over. So what we said in the amendment to the amendment was that, if one of them does drop out, they can allow -- the comptroller would come in and audit to be sure that that RSQ was a valid and good RSQ. And the amendment to the amendment is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment to the amendment is acceptable to the author. Is there any objection? Chair hears none, so ordered. Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Yes, now we're back on the amendment. And the amendment is actually the design build amendment, which would allow TxDOT to use design build for projects; but it limits the number of projects to three annually, and only for projects over $50 million. This language is agreed upon by TxDOT, CEC and AGC. It can improve the efficiency and timeliness of projects. It's already used in TxDOT. They can use it for toll facilities and, since 2001, cities, counties and river authorities can use it for facilities. And, since 2007, it can be used for local civil projects like roads. And it's acceptable to the author.

REPRESENTATIVE RAFAEL ANCHIA: Mr. Speaker ?

REPRESENTATIVE CHARLIE GEREN: Mr. Anchia, for what purpose?

REPRESENTATIVE RAFAEL ANCHIA: Will the gentle-lady yield?

REPRESENTATIVE CHARLIE GEREN: Will you yield, Ms. Harper-Brown? REPRESENTATIVE LINDA HARPER-BROWN: Yes, I yield for a question.

REPRESENTATIVE RAFAEL ANCHIA: Representa tive Harper-Brown, you have been moving through the amendments to the amendments rather quickly on this matter and others. It's my understanding that some of the amendments that you've already accepted go beyond original Sunset recommendations, correct? REPRESENTATIVE LINDA HARPER-BROWN: That's true.

REPRESENTATIVE RAFAEL ANCHIA: And there are actually some bills that you put into this Sunset Bill now as amendments acceptable to the author, correct? REPRESENTATIVE LINDA HARPER-BROWN: There' s --

REPRESENTATIVE RAFAEL ANCHIA: There's at least one Senate Bill? REPRESENTATIVE LINDA HARPER-BROWN: I think there's one.

REPRESENTATIVE RAFAEL ANCHIA: Okay. So, just to be clear, in your amendments to the amendments you have gone -- the amendments to the amendments and the underlying amendments, you have gone beyond the original scope of the Sunset Bill, with respect -- at least with respect to that Senate amendment that you put on earlier, correct? REPRESENTATIVE LINDA HARPER-BROWN: I'm sorry, tell me what amendment you're talking, please.

REPRESENTATIVE RAFAEL ANCHIA: There was a Senate Bill that you put on the previous amendment. REPRESENTATIVE LINDA HARPER-BROWN: No, I'm sorry. The language I said is similar to some other in the Senate Bills.

REPRESENTATIVE RAFAEL ANCHIA: Okay, but it was beyond the scope of the Sunset recommendation, is that not correct? REPRESENTATIVE LINDA HARPER-BROWN: Yes.

REPRESENTATIVE RAFAEL ANCHIA: All right. I just want to be clear, because I know we've taken great pains to keep this and other bills as close as possible to Sunset recommendations. Now, let's talk really quickly about the current amendments to the amendments, because that's moving fast as well. Can you -- I know the design build was part of the Sunset discussion, can you discuss -- can you explain how your amendment and the amendments to the amendment differ from the Sunset recommendation? REPRESENTATIVE LINDA HARPER-BROWN: Okay. As far as the amendment -- Let's start with the amendment itself. The amendment itself puts limitations in there. It's not something that I wanted. I did not want limitations on the number of design build projects, but the language was agreed to by TxDOT, CEC and AGC --

REPRESENTATIVE RAFAEL ANCHIA: And what was the rationale for placing limits? Why is that a good thing? REPRESENTATIVE LINDA HARPER-BROWN: I think that they wanted to be sure that their design -- I mean that they are -- that more projects will be done outside of design build. They want to be sure that there is some opportunity for the individual contractors to do bills -- I mean build roads that are outside of a design build project, because it really takes a larger -- Well, I can't say that, either. But I'm afraid the concern was that the larger companies would get the design build, and the other companies might not have road work with TxDOT. So this would allow them to only meet a certain -- or only allow design builds in a certain of projects.

REPRESENTATIVE RAFAEL ANCHIA: And what is the number? REPRESENTATIVE LINDA HARPER-BROWN: Three a year.

REPRESENTATIVE RAFAEL ANCHIA: And why was three the agreed upon number, do you know? REPRESENTATIVE LINDA HARPER-BROWN: In reality, I will tell you this: That, in realty, they aren't doing but -- about two project a year under design builds. So I think that's why -- I'm sorry, two projects are all they can do a year, so that's why TxDOT agreed to the language of three because, in realty, there's fewer than three right now.

REPRESENTATIVE RAFAEL ANCHIA: Okay. Over the course of the entire biennium, that's the projection? REPRESENTATIVE LINDA HARPER-BROWN: That's their projection.

REPRESENTATIVE RAFAEL ANCHIA: They thought we could only do two, so we put three in there just to give them some wiggle room? REPRESENTATIVE LINDA HARPER-BROWN: Exactly .

REPRESENTATIVE RAFAEL ANCHIA: Okay. Okay. Thank you.

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

REPRESENTATIVE YVONNE DAVIS: May I ask a question to follow up --

REPRESENTATIVE CHARLIE GEREN: Do you yield, Ms. Harper-Brown? REPRESENTATIVE LINDA HARPER-BROWN: Yes, I yield.

REPRESENTATIVE CHARLIE GEREN: She will, Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: So, as it relates to the notion of the design build, and you said you determined three was the appropriate number for the state based on what? REPRESENTATIVE LINDA HARPER-BROWN: On the fact that they don't think -- TxDOT does not project they can build more than probably two a year anyway.

REPRESENTATIVE YVONNE DAVIS: Okay. I'm sorry, the department says that they can only build two projects by design build, is that what you're saying? REPRESENTATIVE LINDA HARPER-BROWN: Yes. So by putting three it gives them some wiggle room. But it doesn't allow them to do too many projects under a design build.

REPRESENTATIVE YVONNE DAVIS: What is the basis of this? Why would the department need to do a design build at all? REPRESENTATIVE LINDA HARPER-BROWN: Becaus e a design build does help expedite the process and approves the efficiency and timeliness, which also saves the department money. But -- And then -- And it's already used in Texas. The other --

REPRESENTATIVE YVONNE DAVIS: And so if it does all those things that you just said, it saves money, it's efficient and we can get there faster, why are we limiting the utilization of it by the department? Why wouldn't we allow the department to determine when it's appropriate to use that, versus us putting a cap on it? REPRESENTATIVE LINDA HARPER-BROWN: I think the fear was that if we -- by using this, that it would, that it could cause too many projects being done this way. It could -- They want to use it more as a test project. Even though its been used all these years, they want to more or less see if TxDOT can handle it correctly. That's what I was told by some of the entities that brought this amendment forward.

REPRESENTATIVE YVONNE DAVIS: Okay. So the folks who brought the amendment forward, do they do design builds? REPRESENTATIVE LINDA HARPER-BROWN: Yes.

REPRESENTATIVE YVONNE DAVIS: And so they think three is all they can handle? My frustration is if you're putting amendments, we have a department that we have billions of dollars flowing through, and you're handicapping them in the Sunset Bill to determine which -- they should use to build out our transportation system, without benefit of inventorying what's on the table at the time that they're doing the projects, and it seems to me like we would want the department to have some flexibility, and if you put three it takes that flexibility away. It also might mean that they might have to do three. And so, I'm just wondering, is that what we want to do; or are we going to let the department, let the department make some decision, or what? REPRESENTATIVE LINDA HARPER-BROWN: Yes. They already -- I'm sorry -- They already have the opportunity to do this on CDAs. They have the opportunity to do this on RMAs. They don't have the opportunity to do it on other projects right now. And what we trying to do is to make sure they can walk before they run, or at least that's what the agreed upon language is. I don't like to set limits for TxDOT either, because we know that we need projects built and I hate to take the tools away from them. But TxDOT felt like this was all they could do anyway, so it really isn't as limiting as, I guess, it could be. But it does make the CEC and the AGC feel more comfortable that TxDOT will do it in this arena on these types of roads, that they will do it right.

REPRESENTATIVE YVONNE DAVIS: Tell me what's the downside of the design build process? REPRESENTATIVE LINDA HARPER-BROWN: Well, I'm not sure what the other people might say about design build. What they think -- But I don't think there is a down side to design build, because it helps speed up the process. It has them be more efficient. And, as I said, the time, because the design and construction can occur at the same time. That's all it means, you can be designing it and start construction at the same time, instead of having to move through each piece separately.

REPRESENTATIVE YVONNE DAVIS: So let me ask you something: This is for what dollar amount projects? REPRESENTATIVE LINDA HARPER-BROWN: Anythi ng over $50 million.

REPRESENTATIVE YVONNE DAVIS: Okay. And anything under $50 million, why would it not be a candidate for design build? REPRESENTATIVE LINDA HARPER-BROWN: Because I think it is a process that is a -- It's not something that would necessarily improve efficiency and timeliness on a project less than 50 million. It really has to be a large project for it to be affected.

REPRESENTATIVE YVONNE DAVIS: And on design build, we don't competitively bid it, right? REPRESENTATIVE LINDA HARPER-BROWN: No. This amendment does require -- I mean the language in the bill does require a bid process.

REPRESENTATIVE YVONNE DAVIS: So in the bill process, what kind of process is used -- is it using?

REPRESENTATIVE CHARLIE GEREN: Mr. Sheffie ld calls a point of order. The gentle-ladies' time has expired. The point of order is well taken and sustained. Representative Harper-Brown sends up an amendment. The amendment is acceptable to the author. Is there objection? Did you object, Ms. Davis? Ms. Davis, did you object? Chair recognizes Ms. Davis. Chair recognizes Mr. Branch.

REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker and members. I request permission for the Committee on Higher Education to meet while the House is in session at 2:00 p.m. today, April 29th, 2011, at 3W.9 to consider SB633 and other pending business.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? The Chair hears none, so ordered. The following announcement. Clerk will read the announcement.

CLERK: Committee on Higher Education will meet at 2:00 p.m. on April 29, 2011, at 3W.9. This will be a formal meeting to consider SB633 and pending business.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Taylor for an announcement.

REPRESENTATIVE VAN TAYLOR: Thank you, Mr. Speaker. I request permission for the Committee on Elections to meet while the House is in session at 1:30 p.m. today, at 1W14, at the Agricultural Museum to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Members, is there any objection? Chair hears none, so ordered. Clerk will read the announcement.

CLERK: The Committee on Elections will meet at 1:30 p.m. on April 29, 2011, at 1W.14, the Agricultural Museum. This will be a formal meeting to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Excuse the Calendar Committee for the exception of Geren for a calendar meeting, on the motion of Diane Patrick. Excuse members Rodney Anderson and chief for committee meeting, on the motion of Representative Geren. Members, you heard -- Ms. Harper-Brown -- Ms. Harper-Brown has made a motion. The amendment is acceptable to the author. Is there any objection? The Chair hears none, so ordered. The following amendment, clerk will read the amendment. REPRESENTATIVE LINDA HARPER-BROWN: Members , on amendment 13 I'd like to hold until the end of the bill, until the end of the amendment.

REPRESENTATIVE CHARLIE GEREN: The amendment on page 46 is temporarily withdrawn. We're on page 51, members. The following amendment. Clerk will read the amendment.

CLERK: Amendment by McClendon.

REPRESENTATIVE CHARLIE GEREN: Ms. McClend on. The Chair recognizes Ms. McClendon.

REPRESENTATIVE RUTH JONES McCLENDON: Than k you, Mr. Speaker. The Sunset Advisory Commission will put in revue of the Texas Department of Transportation that Texas cannot move forward to meet its growing needs effectively, and the public source of TxDOT is restored. This conclusion was echoed through the grant, audit, restructure, counsel report. Recognizing the need to revamp the agency and restore trust in its procedures, operations and project administration, the Sunset Advisory Commission originally adopted the recommendation to replace the five member transportation commission with a single, appointed commission of transportation. This amendment will abolish the existing five member transportation commission that was put back in the Substitute Bill, and create an elected commissioner of transportation. I am presenting this amendment because many of my constituents are encouraging this approach. This official will be elected every four years, in a similar fashion as the Comptroller, Attorney General and the Commissioner of Agriculture. Allowing the people of Texas to elect a Commissioner of Transportation will make the agency, expenditures, policies, and reviews more accountable to the Texas electric, and put the agency on a new and a more solid footing with the legislature. And a commission of five appointed members creates a confusion of responsibility. As such, the accountability is spread without there being a single elected official with whom the buck stops. A single elected official will be responsible to the public, the citizens and voters of this state. I ask, members, that you approve and adopt my amendment.

REPRESENTATIVE CHARLIE GEREN: Mr. Larson, for what purpose?

REPRESENTATIVE LYLE LARSON: Yes, will the lady yield for questions?

REPRESENTATIVE RUTH JONES McCLENDON: I certainly will.

REPRESENTATIVE CHARLIE GEREN: She will.

REPRESENTATIVE LYLE LARSON: Did you contemplate going to three members instead of one? Up until a few years ago the commission just had three members and I think it gives it a more comprehensive approach as far as having different people from different parts of the state represented. I completely agree with you that -- if you looked at the debate yesterday on the Railroad Commission, they laid out all the reasons of why we should let the TxDOT commissioners, the transparency issues, the accountability; all of those things are germane, I believe, to this issue as well. The discussion yesterday also rotated back to three versus one, and it was interesting because of the folks who voted, two folks that were on that committee voted to appoint the members; the balance of the committee elected to go ahead and support the election of the Railroad Commissioners. And I submit to everybody in this House that it's important for us, especially with all the challenges we have got in infrastructure and capacity all over the highway systems, and I think any of us that get questions about why we're experiencing congestion in San Antonio, Houston, Dallas or any other community, they're saying what are you doing about this? This will give somebody that's elected the ability to tell us which roads are going to be built, when they're going to be built and how they're going to be paid for, and have somebody elected. Right now we don't have that. And if you take the political process out from the appointment, and you deal with it having people -- people have a say in who is going to be in leadership at TxDOT. And with all the problems that we've had with transparency and a lot of the accountability issues, I think it's a great measure. I would prefer to have three versus one. But just tell me why you chose to go to one versus three.

REPRESENTATIVE RUTH JONES McCLENDON: If you remember, a while back we did have three commissioners. And I was one of those whose concern about the transparency and about the accountability. And if you remember, Representative Larson, in their county we had really no communication really with TxDOT, except for our district offices, which we always have had good dealings with them. But as far as TxDOT in Austin, headquarters, we had really no communication. And we were not getting the funding that we thought we should have been getting as a result of the money that we, as taxpayers, were spending. And so I advocated then for a five member commission, because I thought we would maybe be able to add another two commissioners, so we can better represent the state of Texas. And that took a little while and a few seconds, but finally we were able to put the five members on; because we thought that we would have that kind of accountability and transparency. But we found out, even with the five members, we still had the same problem of the secretness and the transactions not being able to get an answer when you would call, e-mail or need to get information quickly and be able to respond to your constituents in a timely fashion. So, as we looked, and as Sunset went through the process of looking at the operations of TxDOT, they're literally -- And, what was it, two years ago when we had the TxDOT review; said that we should have a single appointed commissioner.

REPRESENTATIVE LYLE LARSON: It just concerns me about the consolidation of power of one person. I'd much prefer to have three, but I'll have one elected versus five appointed any day. And I think if you look at the tsars that we got in Washington, and the people's concerns about folks being appointed and them not being directly accountable to the folks that are basically complaining about that, I think the realty is that --

REPRESENTATIVE CHARLIE GEREN: Mr. Sheffie ld calls a upon a point of order, the gentle-lady's time has expired. The point of order is well taken and sustained. The following amendment to the amendment, the clerk will read the amendment.

CLERK: Amendment to the amendment by Davis of Dallas.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker and members. In this amendment is to take out the Commissioner of Transportation. And I know that this is predicated on maybe this elective body, but as this amendment is written, the Commissioner of Transportation is in order for session in terms of taking office, if something were to happen to that other statewide office. And so I just think it's inappropriate for the department commissioner to be in line in the session elected as governor. So I would -- Members, I think this amendment is acceptable to the author. Our goal is just to make sure we're not dong something unintended by creating a commission position to go into secession for governor if something happens to our higher elected official. And I think it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there any objection? The Chair hears none, so ordered. Chair recognizes Representative Pickett to speak against the amendment.

REPRESENTATIVE JOE PICKETT: Mr. Speaker and members, I hate to oppose my friend Bruce on this, but we have some philosophical differences and a lot of this has to do with the discussion yesterday. I really feel that if we went to one commissioner, that the way Texas is set up and the fact that we have rural versus urban, that the person that might take over this position might be elected by the deepest pockets in the area of the state of Texas that needs the biggest CDA project, or the widest highway being done. The difference in this department versus all the other statewide elected officials, like the general land office, the comptroller; the comptroller writes the checks that we allow her to write. The general land office negotiates contracts, brings in money for the permanent school fund. But this agency has a 16 billion-dollar budget that you would be putting in the hands of one person. I don't think that's the way we need to do this. I have an amendment later that would put it at five, with a little bit of a difference, maybe to try to bring in some difference of opinion. And I myself had thought about --

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker?

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

REPRESENTATIVE JOE PICKETT: -- have changed my mind about it.

REPRESENTATIVE YVONNE DAVIS: Will the gentlemen yield for a question?

REPRESENTATIVE JOE PICKETT: I yield.

REPRESENTATIVE YVONNE DAVIS: Thank you. Chairman Pickett, isn't it true that one of the reasons that we went to the broader commission was to make sure we created an opportunity to have the greatest input for the entire state of Texas?

REPRESENTATIVE JOE PICKETT: It is. And the fact that we're giving local communities control, and they're learning the process now, finding out that they look to TxDOT as look a bank. They have the checkbook. We start doing these things, they take the checkbook back, and there's only going to be one being written from Austin, instead of the ones written throughout the state. And that's why I oppose this amendment.

REPRESENTATIVE YVONNE DAVIS: And weren't we trying to make sure we have balance with regard to the interest for the entire state, with regard to projects, project development, versus just looking at an isolated political agenda; isn't that correct?

REPRESENTATIVE JOE PICKETT: We do. We also need people who are diverse from the state, and understand free spa in the panhandle, versus dust storms in West Texas, and underwater roads in east Texas --

REPRESENTATIVE JAMES KEFFER: Mr. Speaker?

REPRESENTATIVE CHARLIE GEREN: Mr. Keffer, for what purpose?

REPRESENTATIVE JAMES KEFFER: Will the gentlemen yield?

REPRESENTATIVE JOE PICKETT: I yield.

REPRESENTATIVE CHARLIE GEREN: He will.

REPRESENTATIVE JAMES KEFFER: Didn't we have a debate on this for about an hour and a half yesterday about the same -- almost the same issue?

REPRESENTATIVE JOE PICKETT: It was almost the same issue, but with lots and lots more money involved, Mr. Keffer.

REPRESENTATIVE JAMES KEFFER: And didn't the House show its opinion?

REPRESENTATIVE JOE PICKETT: They did. And I'm hoping that they show their same opinion today on this one as yesterday. Mr. Speaker, I move to table the amendment.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. McClendon to close.

REPRESENTATIVE RUTH JONES McCLENDON: We did talk about this yesterday. I can tell you that with oil and gas it's much more money on the table than it is with transportation. I wish we did have that kind of money on the table. I'm bringing this amendment because in my -- in my part of the state, we do not -- we have not had the access to the funding and participation with TxDOT as other areas have had. And we are trying to find a way to live in Texas and pay our taxes and get and equal portion of what is happening with our transportation dollars, and we're not getting that. And so we looked at having one elected person, one elected official, to be in charge of the transportation issues of the state. Now, if you look at the Commissioner of Agriculture, if you look at Land Commissioner, if you look at the Comptroller, those are statewide elected offices; and there will be no difference between those statewide elected offices and the Transportation elected office. And I ask that you vote favorably for that, and vote no on the motion to table.

REPRESENTATIVE CHARLIE GEREN: Ms. McClend on sends up an amendment. Mr. Pickett moves to table. The vote is on the motion to table. A record vote has been requested, a record rote is granted. Clerk will ring the bell. This is a vote on the motion to table the McClendon amendment. Have all members voted? Show Mr. Keffer voting aye. Show Ms. Kolkhorst voting aye. Ms. Truitt voting aye. Have all members voted? There being 108 ayes and 18 nays, 4 present not voting, the motion to table prevails. The amendment on page 62 has been temporarily withdrawn. Members, we're on page 73. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Crownover.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Crownover.

REPRESENTATIVE MYRA CROWNOVER: Members, this amendment does -- all it does is add the county transportation authority to the list of local transportation entities. I believe it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there objection to the adoption of the amendment? Chair hears none, so ordered. The following amendment. Clerk will read the amendment. Page 74, members.

CLERK: Amendment by Pickett.

REPRESENTATIVE CHARLIE GEREN: Back up, members. REPRESENTATIVE LINDA HARPER-BROWN: Member s --

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you. Members, I am sorry. This amendment was supposed to have been amended to take care of some language concerns that Mr. Turner had, and Mr. Guillen. So we're backing up on it now to make sure that it gets redrafted correctly. Members, I make a motion to -- I move to reconsider the vote on Amendment No. 16, page 73, the Crownover Amendment.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? So ordered. The following amendment, the clerk will read the amendment. We're back on the Crownover Amendment. The Pickett Amendment is temporarily withdrawn. The Chair recognizes Ms. Crownover. We're on the Crownover amendment. The Chair recognizes Ms. Crownover.

REPRESENTATIVE MYRA CROWNOVER: You have some amendments to my amendment are acceptable.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Guillen.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, my amendment to the amendment will strengthen the affected transit districts. Some affected transit districts in the U.S, because of the 2010 Census, and continue to facilitate the necessary resources needed to maintain services to their community. In 2013 the U.S. Census Bureau will publish its rural urban classifications based on the 2010 Census. Some small urban areas may merge with adjacent large urban areas. This is the case with The Woodlands and McKinney and with Laredo, and it is acceptable to the author.

REPRESENTATIVE YVONNE DAVIS: Will the gentlemen yield for a question?

REPRESENTATIVE CHARLIE GEREN: Will you yield, Mr. Guillen?

REPRESENTATIVE RYAN GUILLEN: Yes.

REPRESENTATIVE YVONNE DAVIS: Chairman Guillen, what are you doing? Is this your bill that you passed? Is this the same bill you passed to Transportation?

REPRESENTATIVE RYAN GUILLEN: Yes.

REPRESENTATIVE YVONNE DAVIS: Did you change it anyway?

REPRESENTATIVE RYAN GUILLEN: It's the exact same --

REPRESENTATIVE YVONNE DAVIS: So why are we putting this on this bill if that was already passed on your bill?

REPRESENTATIVE RYAN GUILLEN: Because -- Just in case it doesn't get through calendar.

REPRESENTATIVE YVONNE DAVIS: Okay. And this is for small transit only, this is not for the larger transit? This is for --

REPRESENTATIVE RYAN GUILLEN: This will protect some midsize that move to urban, or some small urban that move to urban, and some small urban that move to rural.

REPRESENTATIVE YVONNE DAVIS: Okay. So the funding that you're changing, this is a funding formula?

REPRESENTATIVE RYAN GUILLEN: We're actually holding harmless, so it's not changing anything, it's actually leaving it the way it is now until -- for a certain amount of time, for a few years.

REPRESENTATIVE YVONNE DAVIS: But it in effect changes the allocation of funds, wouldn't it? It would change the allocation of funds?

REPRESENTATIVE RYAN GUILLEN: It leaves it the exact way it is now.

REPRESENTATIVE YVONNE DAVIS: Then what are we doing?

REPRESENTATIVE RYAN GUILLEN: We anticipate there may be a change based on the urban rural classification that will be published in 2013.

REPRESENTATIVE YVONNE DAVIS: And -- So what would be the effect if there's a change to the urban areas?

REPRESENTATIVE RYAN GUILLEN: If there's a change to some of these small urban areas that classify them as urban, they will lose state funding. And then, in the case of Galveston, for example, they were a small urban area and we anticipate they're going to be moved to rural, which will, number 1, put them in a different classification which makes them lose money. And then it will also hurt the rural transit districts, because they're now competing for the same dollars. And it is acceptable to the author and I move passage.

REPRESENTATIVE CHARLIE GEREN: Representat ive Guillen sends up an amendment to the amendment. The amendment to the amendment is acceptable to the author. Is there any objection? Chair hears none, so ordered. The following amendment to the amendment. The clerk will read it.

CLERK: Amendment to the amendment by Turner.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative Turner.

REPRESENTATIVE SYLVESTER TURNER: This amendment simply makes sure that other groups are included in the coordinating of planning for TxDOT. And I believe it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there objection? Chair hears none, so ordered. Chair recognizes Ms. Crownover.

REPRESENTATIVE MYRA CROWNOVER: It's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the Crownover Amendment is acceptable to the author. Is there objection? Chair hears none, amendment is adopted. The following amendment to the amendment -- Excuse me, the following amendment. Clerk will read the amendment. We're back on page four, members. This is the amendment by Mr. Pickett.

CLERK: Amendment by Pickett.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Thank you Mr. Speaker and members, we had a little debate earlier about one commissioner. In the current statutes you know we have five. I'd like to give those, whoever wind up on the conference committee who have a little bargaining power with the Senate, I have an amendment that would change the way the five are appointed. Three of them would continue to be appointed by the governor. We would also then let the Speaker of the House make a recommendation to the Governor for appointment, and the Lieutenant Governor would have an appointment. And I believe that this would make the body have a little bit difference of opinion, and some other thought that may be injected to the commission for more discussion. And I believe this is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Mr. Branch, for what purpose?

REPRESENTATIVE DAN BRANCH: Mr. Speaker, will the gentlemen yield for a question?

REPRESENTATIVE CHARLIE GEREN: Do you yield, Mr. Pickett?

REPRESENTATIVE JOE PICKETT: I yield.

REPRESENTATIVE DAN BRANCH: Mr. Pickett, you just mentioned that the speaker would be -- The Speaker of the House would be able to make a recommendation --

REPRESENTATIVE JOE PICKETT: Yes, sir.

REPRESENTATIVE DAN BRANCH: -- to the Governor, but the Governor would have discretion as to whether or not to accept that or what --

REPRESENTATIVE JOE PICKETT: Yes, sir. Because of the separation in the executive branch -- executive branch, we have the same scenario in at least one other the state entity; the Facilities Commission does the same thing. And it would help, again, I believe, bring a little bit more discussion to the commission. But that will be the process. The Lieutenant Governor would have the authority, by the Constitution, to direct somebody directly to this body. The Governor, as we all know, has that authority now. And it has worked in the past. And it would be in agreement by whoever the Governor -- Speaker is, to take those recommendations made by the Speaker and ask if one appointment would come from that recommendation.

REPRESENTATIVE DAN BRANCH: Okay. But was there some thought given to a list of recommendations that the governor would to pick one of the speaker's choices?

REPRESENTATIVE JOE PICKETT: It would be what we do kind of do on most boards and committees now. A list would be provided to the Governor and the Governor would okay the list, and the Speaker could make his or her choice from that. If they were rejected, the Speaker would come up with additional recommendations.

REPRESENTATIVE DAN BRANCH: Okay. The Governor's pick on this slot would be from a list approved by the Speaker?

REPRESENTATIVE JOE PICKETT: Yes. I didn't want to minimize that it's really still for Governor appointment by the five, but one of the Governor's appointments would be with consultation of the Speaker. And I don't know that that process happens now. The governor may do this on lots of other positions, see what the Speaker thinks and the Lieutenant Governor. They may have those discussion behind the scenes, impromptu, hey, do you know this or that? This just gives it a little more validity, and I just feel there would be a gentleman's or gentlewoman's agreement, and they would honor that. And, again, the Lieutenant Governor is not an issue, but I would like to bring a little bit more discussion to the commission over here.

REPRESENTATIVE DAN BRANCH: I just want to make sure I'm clear, and the members are clear on your interpretation of the language, that the Governor has the ultimate authority, or he has the authority but it's from a list that the Speaker recommends?

REPRESENTATIVE JOE PICKETT: Yes, sir.

REPRESENTATIVE DAN BRANCH: So he couldn't go outside the list on your particular slot?

REPRESENTATIVE JOE PICKETT: You are correct.

REPRESENTATIVE DAN BRANCH: Thank you.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? The Chair hears none, so ordered. The amendment is adopted. The following amendment. The clerk will read the amendment. Mr. Darby, Ms. Kolkhorst. The amendments on page 76 and 77 are temporarily withdrawn. Members, we're on page 78. The following amendment. The clerk will read the amendment.

CLERK: Amendment by McClendon.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. McClendon. Members, we're waiting on the amendment to the amendment to be prepared. The following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by McClendon.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. McClendon to explain the amendment to the amendment and the amendment.

REPRESENTATIVE RUTH JONES McCLENDON: The amendment to a statutory change needed for the role of a CFO, which is a chief financial officer, who will be a licensed CPA, appointed by reporting directly to the commissioner, to the commission. This amendment also contains clarifying language concerning the role and qualifications of the independent order and general counsel. However, we have an amendment to the amendment that only identifies this role as -- it just leaves the general counsel intact. And I move adoption. I think it is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there any objection? So ordered. The amendment as amended is acceptable to the author. Is there any objection to the adoption of the amendment as amended? The Chair hears none, so ordered. The following amendment. The clerk will read the amendment. Members, we're on page 81.

CLERK: Amendment by Pickett.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Thank you Mr. Speaker. Members, this amendment, all of us that have been working on this, including Ms. McClendon Jones, Ms. Harper-Brown and others, have been trying to tighten up what the chief financial officer does. The way the bill was drafted, my opinion though, it actually kinds of ties our hands a little bit, by requiring that this high finance person that we're looking for, that has the ability to do bonds and debentures and refinance, be a certified public accountant. And that sounds good. There are certified public accountants under the CFO, if they need them. But this deletes it being a requirement, but does put some of what the real world criteria is for high finance and banking. It would be a person who has at least ten years of professionally responsible professional experience in fiscal matters, practiced at least seven years in professional managerial experience, and the Chief Financial Officer shall oversee the department's financial activities, including managing debt, loan portfolio, exploring the mechanism of finance, the management of state highway funds, certify each month that any state highway construction and maintenance contracts be awarded by the department during that month will not create state liability that exceeds the department's most recent cash flow projection. As you know, we are tied to the cash flow. We've had some problems in the year, and I think it's extremely important that the CFO have that connection. With that, I move adoption. And I believe it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Member s, this amendment is similar to the language that I had put it in when it amended it to make sure we were not tying the hands of TxDOT. But I'm going to accept this amendment and then we'll work out the language in conference to make sure that we don't have a conflict.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? The Chair hears none, the amendment is adopted. The following amendment. The clerk will read the amendment. Members, we on page 82.

CLERK: Amendment by Pickett.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Mr. Speaker and members, this follows through with what we just did on the CFO. It makes a few changes about debt portfolio and substitutes loan portfolio, because that is what it really is. Financial forecasting of department's revenues and expenditures, monitoring of the budget, financial reporting on federal and state programs. And it reiterates that the state Chief Financial Officer will submit each month -- certify each month that the highway construction and maintenance contracts to be awarded do not create that same liability that it's talking about in the cash flow. It allows the department to utilize experts in assisting them in matters involving debt management. As you know, we are getting quite high in that, and that applies that to anything that TxDOT would have, anything including if and when we do comprehensive development agreements, anything to do with mobility authorities, toll road authorities and partnerships in the state of Texas. Move adoption.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? The Chair hears none, the amendment's adopted. The following amendment. Clerk will read the amendment. We're back on page 76, members.

CLERK: Amendment by Kolkhorst.

REPRESENTATIVE CHARLIE GEREN: The Chair recognizes Ms. Kolkhorst. And there is an amendment to the amendment.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. There is an amendment to the amendment so we'll explain it after the amendment to the amendment.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Darby.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Darby.

REPRESENTATIVE DREW DARBY: Members, this simply protects the existing commissioners that are on the commission right now and applies that when a vacancy occurs in the position for the member currently serving as a rural designation, then that will continue to be in effect. Thank you.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. Kolkhorst -- Excuse me. The amendment to the amendment is acceptable to the author. The amendment to the amendment is adopted. The Chair lays out the amendment. Ms. Kolkhorst to explain the amendment.

REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members, currently in statute there is a rural designee. Out of the five commissioners there is one that is rural. It is undefined in the statute, in this current part of the statute. Some statutes define that as 50,000 or less. Mr. Darby and I were working, I had done a 100,000, he 200,000; we came up with 150,000. The one thing that we wanted to be very careful of is the rural representative currently is from Lubbock, Texas. We wanted to be sure that we grandfathered that person, and then also made sure that when someone is coming off the commission, which currently there will be one from Fort Worth and one from Houston that come off, that this does not trigger one of them having to be a rural representative. So as long as the representative from Lubbock, Texas serves, he will be the designee and then after that we do put a bracket.

REPRESENTATIVE CHARLIE GEREN: Mr. Anchia, for what purpose?

REPRESENTATIVE RAFAEL ANCHIA: Thank you Mr. Speaker, will the gentle-lady yield for a question?

REPRESENTATIVE CHARLIE GEREN: Gentle lady yield?

REPRESENTATIVE LOIS KOLKHORST: I do.

REPRESENTATIVE CHARLIE GEREN: She will.

REPRESENTATIVE RAFAEL ANCHIA: Can you talk us through how the amendment as amended by Representative Darby impacts commission membership and affects both Harris County, or I should say north Texas, and the Harris County area?

REPRESENTATIVE LOIS KOLKHORST: Yeah, I just did. But I'll explain it again.

REPRESENTATIVE RAFAEL ANCHIA: If you don't mind.

REPRESENTATIVE LOIS KOLKHORST: Sure. Currently, the rural Representative is from Lubbock, Texas. If this amendment went on with no grandfather clause, then the next member that rolled off would have to be applied with the 150,000 or less. That could affect the appointee from Harris County that is currently about to expire, or the member from Tarrant County that's currently about to expire.

REPRESENTATIVE RAFAEL ANCHIA: Affect them in what way?

REPRESENTATIVE LOIS KOLKHORST: Because the rural designee right now, according to the law, is from Lubbock, Texas; Lubbock county, which is higher than 150,000. So what this would do, in essence, is say that this does not go into effect until after the Lubbock designee, right now, who is serving as rural representative rolls off, which is in 2015. We wanted to make sure that this did not affect the next two appointments which are actually technically from the urban areas. So it grandfathers who currently is in office.

REPRESENTATIVE CHARLIE GEREN: Mr. Branch, for what purpose?

REPRESENTATIVE DAN BRANCH: Will the gentle-lady yield?

REPRESENTATIVE CHARLIE GEREN: Do you yield, Ms. Kolkhorst?

REPRESENTATIVE LOIS KOLKHORST: I do.

REPRESENTATIVE CHARLIE GEREN: She will.

REPRESENTATIVE DAN BRANCH: We're just trying to get -- because all of a sudden we've been lit up in the Harris County area and the north Texas area about this, and I just want to make sure that this is somehow not going to be an advantageous effect on maybe smaller communities but somehow hurt the urban areas.

REPRESENTATIVE LOIS KOLKHORST: No, that is why we did the amendment to the amendment. We worked pretty hard on getting the grandfather clause because even if you said it doesn't take effect, it's a little wordy and you can see that on that, but it currently says the person serving as the rural representative gets to continue to serve as that rural representative until his or her time expires. Now, the reason we did that was because there's two appointees that come up, and those are currently from urban areas, and we don't want to take that spot. We are happy with Commissioner Underwood serving as a rural representative until he rolls off and, of course, we would like this to be a little more reflective of the rural area. Keep in mind 150,000, you know, in federal -- In a lot of the federal laws rural is 50,000 and below, but we know we have a dynamic state. And so, between Drew and I, we came up with 150,000 which actually --

REPRESENTATIVE DAN BRANCH: Was that a compromise? At one point was his number 200,000?

REPRESENTATIVE LOIS KOLKHORST: His was 200,000 and mine was 100,000. And the difference between those are very little. But there are 223 counties out of 254 that are -- 223 counties out of 254 counties in Texas, that are 100,000 and less. So it just moves it up just marginally, it probably catches three or four more counties. Some of the concern was in West Texas, trying not to leave out Midland County as rural.

REPRESENTATIVE DAN BRANCH: Do you have the numbers on, since you made the compromise, how many counties there are that are at the 150,000?

REPRESENTATIVE LOIS KOLKHORST: I had the bracket from 100,000 to 200,000, then it only affected like eight more counties.

REPRESENTATIVE DAN BRANCH: So it would be less than eight?

REPRESENTATIVE LOIS KOLKHORST: Right, less than eight. So there's not a huge difference between 200,000 and 100,000.

REPRESENTATIVE DAN BRANCH: Would Mr. Darby know how many counties fit in the 150,000?

REPRESENTATIVE LOIS KOLKHORST: I got some information actually at my desk. I'll get my iPad real fast. I did not -- Because of our compromise, I really wanted 100,000. Technically, I'd like 50,000. Yeah. So let me read this one more time. So the amendment to the amendment clearly states this act does not affect the right of a commissioner serving on the effective date of this act to complete the commissioner's term. The requirement of Section 205.051, parentheses (D), end parentheses, of the Transportation Code, as amended by this act, applies at the time a vacancy occurs in the position held by the person serving as the rural designee on the effective date of this act. So the rural designee right now, of course, is Commissioner Underwood from Lubbock County. Give me one second here. So, Texas counties with less than 200,000 is 232. And Texas counties with 125,000 or less is 223. So I'm thinking the 150,000 would catch -- we would probably be talking about 200 -- gosh, probably 225 counties. That's -- Which is the vast majority, it's geographically the vast majority of Texas by population standards --

REPRESENTATIVE CHARLIE GEREN: Representat ive Sheffield raises a point of order. The gentle-lady's time has expired. The point of order is well taken and sustained.

REPRESENTATIVE DAN BRANCH: Mr. Speaker?

REPRESENTATIVE CHARLIE GEREN: Mr. Branch, for what purpose?

REPRESENTATIVE DAN BRANCH: Could I ask that the gentle-lady's time be extended?

REPRESENTATIVE CHARLIE GEREN: Is there objection, members? Hearing none. The time is extended.

REPRESENTATIVE LOIS KOLKHORST: I yield. I was making a point. Obviously 225 counties out of 254, and I'm saying approximate. You know, we know that 125,000, there are 223 counties that have 125,000 population or less. So although it's a vast, large geographic area of Texas, we know the population of those counties represent a little over 20 percent. If you look at our five commissioners, one being rural, is about 20 percent. So it's what we currently have. We just wanted to define rule a little bit more. Obviously, Lubbock is not in any definition rural, if you go and look at what's in the government code and different things, although we're very happy with Commissioner Underwood. We're trying to bracket that for the smaller counties in the future. We're making sure that -- The problem, members, the labor here is being extended on -- There are two commissioners coming up for appointment. They're currently serving urban areas. We want to respect that. We're not asking for one of those to become rural, because then at that point, technically, would have two commissioners representing the rural area.

REPRESENTATIVE DAN BRANCH: And one of our concerns --

REPRESENTATIVE LOIS KOLKHORST: Which I would be for, but I don't think that's fair --

REPRESENTATIVE DAN BRANCH: Is not just the current, but I think for the coming cycle is if there's going to be a -- change in this mix between urban and rural.

REPRESENTATIVE LOIS KOLKHORST: I don't think so. So we only have one designee for rural. We're defining rural here. We're trying to define rural as 150,000 or less, which is pretty big, actually. Like Senator Nichols was the rural representative.

REPRESENTATIVE HELEN GIDDINGS: Mr. Speaker ?

REPRESENTATIVE CHARLIE GEREN: Ms. Gidding s, for what purpose?

REPRESENTATIVE HELEN GIDDINGS: Will the --

REPRESENTATIVE CHARLIE GEREN: Would you yield, Ms. Kolkhorst?

REPRESENTATIVE LOIS KOLKHORST: I do.

REPRESENTATIVE CHARLIE GEREN: She will.

REPRESENTATIVE HELEN GIDDINGS: When we get e-mails and telephone calls from back home, Representative Kolkhorst, we kind of respond to that; would you agree?

REPRESENTATIVE LOIS KOLKHORST: Yes, ma'am.

REPRESENTATIVE HELEN GIDDINGS: We did get e-mails and phone calls about this. And so we just want to be absolutely clear. This does not disturb the next cycle, and the rotation, for those commissioners that are other than labeled or categorized rural?

REPRESENTATIVE LOIS KOLKHORST: That is correct. The amendment to the amendment is meant to clarify that the current rural representative can finish out his term in that role. Then, after that, this becomes effective. And his role does not expire until 2015. So it is not meant for the next appointee to become rural. And it's very -- We worked pretty hard over here in making sure that language was specific to that.

REPRESENTATIVE HELEN GIDDINGS: So nothing here then would change the -- I'm going to call it the rotation or the next cycle, for a category other than rural, under 150,000.

REPRESENTATIVE LOIS KOLKHORST: That is correct.

REPRESENTATIVE HELEN GIDDINGS: Okay.

REPRESENTATIVE LOIS KOLKHORST: We're giving a little more direction and definition to what rural is. Although it is, I think, very generous at 150,000. It's affecting a lot of counties.

REPRESENTATIVE HELEN GIDDINGS: Thank you.

REPRESENTATIVE BILL CALLEGARI: Mr. Speaker ?

REPRESENTATIVE CHARLIE GEREN: Mr. Callega ri, for what purpose?

REPRESENTATIVE BILL CALLEGARI: Will the gentle-lady yield?

REPRESENTATIVE CHARLIE GEREN: Would you yield, Ms. Kolkhorst?

REPRESENTATIVE LOIS KOLKHORST: I do.

REPRESENTATIVE BILL CALLEGARI: Thank you. I heard bits and pieces and I missed the first part of your comments. But, as I understand it, or can you verify, as the law exists or the statute exists now, there is a rural representative among the five; is that correct?

REPRESENTATIVE LOIS KOLKHORST: Yes. And it's in statute that you have to have one rural, it's just not defined.

REPRESENTATIVE BILL CALLEGARI: My concern is, of course, my representative in the Houston area is going to be cycling out soon. Will this affect that representative in any way?

REPRESENTATIVE LOIS KOLKHORST: It will not.

REPRESENTATIVE BILL CALLEGARI: Okay. So we will still be eligible to have a representative? And next time, if I understand what you said, for the next time that a rural representative, which Mr. Underwood is, to move; it would have to be somebody within the limits of this --

REPRESENTATIVE LOIS KOLKHORST: Correct. And let me say that Commissioner Underwood has done a nice job of representing the rural areas, and we're proud of that. And he will, at the end of his term served 12 years as the rural representative. So it's just giving a little more definition to what rural is. And, again, I think I got coerced into it being a little more generous than I would like, but I'm going to go there for west Texas. Drew says I'm okay with it. And, as you know, Bill, you've dealt with a lot of different grants and stuff, a lot of times rural is defined as 50,000.

REPRESENTATIVE BILL CALLEGARI: Right. I hear you. I'm not able to look at that while I'm talking to you. The amendment to the amendment, how does it vary from the basic amendment? If you can --

REPRESENTATIVE LOIS KOLKHORST: So it does clarify that the current rural representative will finish out that role. This amendment does not effect the current rural representative, which is trying to protect your Houston representative right now. And in the Tarrant County, another urban member that will be up for reappointment this year, or are up.

REPRESENTATIVE BILL CALLEGARI: Thank you. Mr. Speaker, I'd like to request that the speeches between all of us and Chairman Kolkhorst be entered into the record.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion --

REPRESENTATIVE LOIS KOLKHORST: We disturbed the urban. We disturbed the urban, everybody.

REPRESENTATIVE CHARLIE GEREN: Is there objection? The Chair hears none, so ordered. The amendment is acceptable to the author. Members, is there any objection? Chair hears none, the amendment is adopted. The following amendment. Clerk will read the amendment. Members, we're on page 84.

CLERK: Amendment by McClendon.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. McClendon.

REPRESENTATIVE RUTH JONES McCLENDON: Than k you, Mr. Speaker. This amendment makes a single, one word change to Section 6 in the Sunset Bill. This amendment would have the CFO report directly to the commission, rather than to the executive director, to enhance the CFO's accountability for the transparency and reliability of the department's financial operations. And I move adoption. And I think it is acceptable -- It's not acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Pickett in opposition.

REPRESENTATIVE JOE PICKETT: Thank you Mr. Speaker. Members, it doesn't sound too bad on the surface. However, the commissioner and the chairperson are not there Monday through Friday, 8:00 to 5:00. And there's going to be times when the CFO needs to tell somebody quickly, and that person needs to be the executive director. The commission is going to hire the executive director, and if this said both of them or something like that, but we really need it to be to the executive director. Because right now the commissioner spends two days, and I don't want to minimize what they do, but they're here two days out of the month. And we can't have the CFO waiting to contact one of them two days out of the month. So, unfortunately, I move to table Ms. McClendon's amendment.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Ms. McClendon. Ms. McClendon? The amendment is withdrawn. Chair recognizes Representative Smithee for an announcement. Excuse me, for a motion.

REPRESENTATIVE JOHN SMITHEE: Mr. Speaker and members I request the permission of the House for the Committee on Insurance to meet at 1:15, today, in room 3W9; to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none, so ordered. Clerk will read the announcement. Chair recognizes Ms. Thompson for a motion.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Sp eaker and members, I request permission to allow the Local and Consent Calendar Committee to set a date calendar for Tuesday, May the 3rd, 2011, at 1:15 a.m.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there objection? Chair hears none, so ordered. Chair recognizes Ms. Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Sp eaker and members, I request permission for the Local and Consent Calendar to meet while the House is in session, at 1:15 p.m., April 29th, 2011, in the Agricultural Museum at 1W14; to consider a local consent and resolution calendar.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? The Chair hears none, so ordered. The clerk will read the announcement. Excuse me. The Chair recognizes Ms. Truitt for an announcement.

REPRESENTATIVE VICKI TRUITT: Thank you Mr. Speaker and members, I request permission for the Committee on Pensions, Investments and Financial Services to meet while the House is in session, at 2:00 p.m. today, April 29th, in 3W.15 to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none, so ordered. Chair recognizes Ms. Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Sp eaker and members, I request permission for the Committee on Licensing and Administrative Procedure to meet while the House is in session, at 3:30 p.m., April 29th, 2011, at 3W9 to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there objection? Chair hears none, so ordered. Chair recognizes Representative Keffer.

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 2:30 p.m., today, 4-29-11, at 3W.15 to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none, so ordered.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Sp eaker and members, I'd like to make a correction. I request permission for the Committee on Local and Consent Calendar to meet while the House is in session at 1:15 p.m., April the 29th, 2011. Place, at the Agricultural Museum, at 1W14; to consider a local calendar to be set for Tuesday, May the 3rd, 2011, at 10:00 a.m.

REPRESENTATIVE CHARLIE GEREN: Members, are there any objections? Chair hears none, so ordered. The following announcements. Clerk will read the announcements.

CLERK: The Committee on Licensing and Administrative Procedures will meet at 3:30 p.m. on April 29th, 2011, at 3W.9. This will be a formal meeting to consider pending business. The Committee on Energy Resources will meet at 2:30 p.m. on April 29th, 2011, at 3W.15. This will be a formal meeting to consider pending business. The Committee on Pensions, Investments and Financial Services will meet at 2:00 p.m. on April 29th, 2011, at with W.16. This will be a formal meeting to consider pending business. The Committee on Local and Consent Calendars will meet at 1:15 p.m. today, April 29th, 2011, at the Agricultural Museum, 1W .14. This will be a formal meeting to consider a local and consent and resolutions calendar. The Committee on Insurance will meet at 1:15 p.m. on April 29th, 2011, in room 3W.9. This will be a formal meeting to consider pending business.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Keffer for an announcement.

REPRESENTATIVE JAMES KEFFER: Members, I just wanted to remind you we have reset the Railroad Commission Sunset Bill. It will be on the floor Monday morning. So, and we know by rules, you need to have your amendments in 24 hours before. So I just wanted to -- And we do have to refile amendments. We're starting over again. So if you had an amendment before and you want to refile it, you have to do it by Sunday, 10:00 a.m.

REPRESENTATIVE CHARLIE GEREN: The Chair recognizes Mr. Otto for recognition.

REPRESENTATIVE JOHN OTTO: Thank you Mr. Speaker. Members, I have some visitors from Liberty County, my district clerk Donna, and some of her employees. Would y'all please rise? Welcome to the Texas capitol. Glad to have you today.

REPRESENTATIVE CHARLIE GEREN: Members, we're back on the bill, page 85. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Kolkhorst.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Representative Kolkhorst. Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, this amendment would actually require TxDOT to deliver its LRA to the commission members 30 days before the commission of the LBB. Just allowing them more time to look at it. It's acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Ms. Harper-B rown sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Page 86, amendment on page 86 is temporarily withdrawn. Members, amendment on page 87 is temporarily withdrawn. Following amendment, the clerk will read the amendment.

CLERK: Amendment by Kolkhorst.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, this amendment by Kolkhorst actually removes TxDOT -- Never mind. Here she is.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members, this amendment strikes just one part, actually two words on line nine, page eight of the TxDOT Sunset. And it removes the words 'and program', so that TxDOT can go to Washington, D.C. to lobby for money, but not promote programs like private equity roads or ideas like the Trans-Texas Corridor. So -- Go ahead. Mr. Phillips has a problem with that.

REPRESENTATIVE JAMES KEFFER: Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: Will the gentle-lady yield?

REPRESENTATIVE LOIS KOLKHORST: I do.

REPRESENTATIVE JAMES KEFFER: She yields.

REPRESENTATIVE LARRY PHILLIPS: I just want to make sure I understand, Lois, you have a problem with programs; is that correct?

REPRESENTATIVE LOIS KOLKHORST: When I was on the Sunset Commission last cycle, we went through a lot of different things, how TxDOT had spent a tremendous amount of time and money not trying to go after federal dollars, but yet programs. And I think many of you -- Can I finish?

REPRESENTATIVE LARRY PHILLIPS: Yeah.

REPRESENTATIVE LOIS KOLKHORST: Many of you will remember the fight that we had when we were trying to, as a body debate, whether or not the Trans-Texas Corridor was something we wanted to do, or private equity tolls, which we may or may not do; that we believe to be a part of what this body decides. And I respect the will of this body. But, at the same time, we were getting pushed from DC and there was a lot of information coming out about the efforts. And so this makes it real clear. And I mean, Larry, we had some tough, tough language that you can't even go up there and do anything.

REPRESENTATIVE LARRY PHILLIPS: Let me just ask you a question. I want to make sure I understand. What does it mean by program? They call them programs, the bridge replacement programs, they can't go -- I mean that's what the federal dollars are to replace the aging bridges --

REPRESENTATIVE LOIS KOLKHORST: Then go and work on --

REPRESENTATIVE LARRY PHILLIPS: It's called -- That's what it's called. I just want to make sure that -- That's the thing when you say programs. I understand what you're doing, but don't go up there and sell a way to build roads that we don't want you to do, right? That's your purpose.

REPRESENTATIVE LOIS KOLKHORST: Yeah, and we can do legislative intent.

REPRESENTATIVE LARRY PHILLIPS: When we talk about the bridge replacement program, that's what the concern is. That's the only concern I have, is that -- You really don't want them to go up and say that we want to try to work on --

REPRESENTATIVE LOIS KOLKHORST: I think they can work, and we can utilize the different ways we communicate to our lawmakers, who are really the people that should be advocating for these programs, our congressmen and women; to do those kind of things. We took a pretty hard roll on the last Sunset Bill, on HB300. We almost like prohibited them from going to work.

REPRESENTATIVE LARRY PHILLIPS: They couldn't even breathe, I don't think.

REPRESENTATIVE LOIS KOLKHORST: Because there was a lot of push and pull, different signals going from here to Washington, D.C., that were different from the direction of the body --

REPRESENTATIVE LARRY PHILLIPS: But you understand, though, they're not just there asking for money, they're trying to make sure that we comply with the programs and they don't do service for the other programs we have. I just want to raise that to you, is that have a concern that program means something, can mean something different than what you're saying. And I know how you word it. What I don't know is how to word it to fix what you want to fix. Right, she's striking the program. I just wanted to raise that and -- I don't know.

REPRESENTATIVE LOIS KOLKHORST: I raised my concerns from kind of the experience we went through the last cycle. Will we did not pass the bill here in Sunset. I hear you, and if you'd like to get legislative intent I'd be happy to do that. Or you can have the conversation between you and I reduced to --

REPRESENTATIVE LARRY PHILLIPS: No, I think we can have that and maybe the language --

REPRESENTATIVE LOIS KOLKHORST: In conference we need to --

REPRESENTATIVE LARRY PHILLIPS: Conference go work -- I'm not against what you're trying to do, but I just want make sure we don't tie their hands on the nomenclature that we use. That's all.

REPRESENTATIVE LOIS KOLKHORST: And I hear -- You are a lawyer, and I understand that. I just think that we don't want to go back to the days of not that long ago when there was conflicting messages going to Washington, D.C. Members, I move passage.

REPRESENTATIVE JAMES KEFFER: Members, Ms. Kolkhorst, Mr. Phillips would like their dialogue to be reduced and put in the record. Is there any objection? Chair hears none. Ms. Kolkhorst sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. The amendment on page 89 is temporarily withdrawn. Members, we're on page 90.

CLERK: Amendment by McClendon.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. McClendon.

REPRESENTATIVE RUTH JONES McCLENDON: Mr. Speaker, this amendment requires TxDOT to retain and archive documentation supporting given information or data, summary information that's on the website as back up data, in accordance with state records and retentions -- the retention schedule. And it is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Ms. McClendo n sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Members, the amendment on page 91 is temporarily withdrawn. We're on page 95. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Veasey.

REPRESENTATIVE JAMES KEFFER: Is Mr. Veasey on the floor of the House? The amendment is temporarily withdrawn. Members, we're back on page 87. Following amendment. Clerk will read the amendment.

CLERK: Amendment by McClendon.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. McClendon.

REPRESENTATIVE RUTH JONES McCLENDON: Than k you, Mr. Speaker. We have a clarifying amendment to the amendment, and it simply slices out -- inserts 'on behalf of the department'. And it's acceptable to the author. And I will explain the amendment to the amendment after it goes through.

REPRESENTATIVE JAMES KEFFER: Ms. McClendo n sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears -- We do have an amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by McClendon.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. McClendon.

REPRESENTATIVE RUTH JONES McCLENDON: The part that we put back in is money under the department of control. And it is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Ms. McClendon sends up an amendment to the amendment. It is acceptable to the author. Are there any objections? Chair hears none. Now, we are back on McClendon amendment as amended.

REPRESENTATIVE RUTH JONES McCLENDON: Than k you, Mr. Speaker. This amendment is very brief. However, it carries great weight. Simply put, it makes it clear that neither the entity, department or employees would have any authority to engage in any activities on behalf of the department in order to influence a passage or defeat of legislation, period. Not for money, not for free, not for anything. This means not just directly, not just indirectly, but not at all. And what this says is that we will not have the employees of TxDOT, or the commissioners lobbying -- lobbying legislators, as far as giving information to legislators, as far as answering questions; of course. But as far as lobbying for a specific bill, that would be not allowed. No other agency that we know of does that. And we are saying TxDOT cannot do it, either. And I move adoption and it is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Ms. McClendo n sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Following amendment. We're on page 96, members. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Phillips.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you. This amendment deals with having TxDOT establish safety standards for high speed rail. And it's acceptable to the author and I would move adoption.

REPRESENTATIVE JAMES KEFFER: Chair -- Ms. Davis?

REPRESENTATIVE YVONNE DAVIS: Mr. Chairman , would Mr. Phillips yield for a question, please?

REPRESENTATIVE LARRY PHILLIPS: I certainly do.

REPRESENTATIVE JAMES KEFFER: Yes, he does.

REPRESENTATIVE YVONNE DAVIS: Chairman Phillips, this amendment does what?

REPRESENTATIVE LARRY PHILLIPS: This requires TxDOT, you know they have a rail division now, it requires TxDOT to establish safety standards for high speed rail.

REPRESENTATIVE YVONNE DAVIS: In our rail division, do we have a high speed rail division within the rail division already?

REPRESENTATIVE LARRY PHILLIPS: It's all within TxDOT, all within the division.

REPRESENTATIVE YVONNE DAVIS: Do we have a high speed rail project?

REPRESENTATIVE LARRY PHILLIPS: Yes. We have submitted an application with the --

REPRESENTATIVE YVONNE DAVIS: For a --

REPRESENTATIVE LARRY PHILLIPS: For potential funds from Washington, D.C. That was submitted, I think, in April. You think it moved pretty fast. I think early April.

REPRESENTATIVE YVONNE DAVIS: So the department has submitted an application to receive funds to do a high speed rail project? And so where is the project?

REPRESENTATIVE LARRY PHILLIPS: Where is the project? Well, this wouldn't apply to any considered project. This just would allow us to show that we are in -- Once a project is developed, or as it is developing, that we have standards in place. So we can show that we really are serious about the possibility of high speed rail.

REPRESENTATIVE YVONNE DAVIS: But you indicated that -- Okay, I want to understand. So the department, our rail department within the department, has a high speed rail division; is that what you're saying?

REPRESENTATIVE LARRY PHILLIPS: No, it's just part of the rail division.

REPRESENTATIVE YVONNE DAVIS: It's part of the existing rail division? And so --

REPRESENTATIVE LARRY PHILLIPS: I don't know if they call it -- I don't know if they have a desk or an office that you walk in that says high speed rail. But they have a rail division. We have this. You know, a lot of stuff that's happened with the transformation of TxDOT over the past few years, and that's one of them, to have a rail division.

REPRESENTATIVE YVONNE DAVIS: Okay. So the department has gone looking for federal funds to do what? You said -- I thought you were saying we had a specific project, but then you said no.

REPRESENTATIVE LARRY PHILLIPS: This bill is not tied to any specific project, because there could be multiple projects out there.

REPRESENTATIVE YVONNE DAVIS: That's what I was trying to understand. And so we're just setting up within the rail division a high speed rail, is that right?

REPRESENTATIVE LARRY PHILLIPS: We're

(inaudible) the status of high speed rail safety standards.

REPRESENTATIVE YVONNE DAVIS: Let me ask you, under these rail safety standards we're actually saying if they comply or if they are operating under the federal standards they don't have to comply or -- with our safety standards?

REPRESENTATIVE LARRY PHILLIPS: Yes. And that just -- We can't -- That's so we don't come in conflict with the federal --

REPRESENTATIVE YVONNE DAVIS: I understand that. So my question is, do we have to have standards of anyone who's going to be doing a high speed rail in Texas? If they don't have to comply with our standards, then why do we need to be putting standards in place, if we are saying but you don't have to comply with them?

REPRESENTATIVE LARRY PHILLIPS: Well, if they comply with federal standards -- If the federal government creates standards that are -- cover this area --

REPRESENTATIVE YVONNE DAVIS: But what this says is we're going after -- we're creating a high speed rail standard for the State of Texas, and then you say but you don't have to comply with them?

REPRESENTATIVE LARRY PHILLIPS: No. We say if you're complying with federal standards. That satisfies our standards. And we do that with a lot of things like this.

REPRESENTATIVE YVONNE DAVIS: No. Usually we try to tell the federal government that we want to be on our own and do our own thing. Usually, most things that we -- that I've seen lately, this session, is just the opposite. So I was wondering why are we now saying that they don't have to do this?

REPRESENTATIVE LARRY PHILLIPS: Well, we have hundreds of years of rail safety standards that the federal government complies with, just like at the airports that -- the commercial airports --

REPRESENTATIVE YVONNE DAVIS: That's not the question, though, Larry.

REPRESENTATIVE LARRY PHILLIPS: No. I'm telling you, that's why. We have to work with them. We have a --

REPRESENTATIVE YVONNE DAVIS: Well, we didn't set up standards and then say you're out of them. So -- Let me just ask you another question. If we have these standards in place, and the person or the entity or the business that applies for these funds, would they be applying for funds from us to run high speed rail, or the federal government?

REPRESENTATIVE LARRY PHILLIPS: This has nothing to do with funds, it's just that they set this up.

REPRESENTATIVE YVONNE DAVIS: Okay. Then tell me what these fees are and who would pay the fees for this cost? The last part of this talks about reasonable fees, and I'm wondering who are we charging the fees to? Who would pay the fees, the department, by rule of adoption of the fees to recover --

REPRESENTATIVE LARRY PHILLIPS: Those who are requesting standards for any high speed rail that they put up, and we have to establish those standards.

REPRESENTATIVE YVONNE DAVIS: Okay. But I guess I'm trying to understand something. We don't have an applicant, we want to have high speed rail standards, we're going to let them comply with the federal standards; but we're going to charge fees, but we don't have a project. What are we doing? I mean, are we going to charge fees to whom?

REPRESENTATIVE LARRY PHILLIPS: To whom -- To those that are going to develop the high speed rail. And if we have to change the standards because of them, or to adopt them, we want them to be responsible to pay for those.

REPRESENTATIVE YVONNE DAVIS: And what kind of --

REPRESENTATIVE LARRY PHILLIPS: This is not project specific. And when you create these things, we're creating these things looking at a potential blank canvas, and you're trying to set up the certain boundaries that we're going to have high speed rail. And many of us have talked about it, we love high speed rail. This doesn't commit us to high speed rail, this doesn't mean we're going to have high speed rail.

REPRESENTATIVE YVONNE DAVIS: But it does mean -- Okay, we're going to set up standards but we don't have high speed rail? We said --

REPRESENTATIVE LARRY PHILLIPS: We don't have high speed rail right now.

REPRESENTATIVE YVONNE DAVIS: But we're going to set up standards for something we don't have? Do we need permission to have a high speed rail? If we do, why would we not ask permission to do high speed rail before we ask for standards for something we don't have permission to do?

REPRESENTATIVE LARRY PHILLIPS: Ask who?

REPRESENTATIVE YVONNE DAVIS: That's what I'm asking you.

REPRESENTATIVE LARRY PHILLIPS: We're just asking TxDOT to establish the high speed rail safety standards.

REPRESENTATIVE YVONNE DAVIS: For something we don't have? High speed rail?

REPRESENTATIVE LARRY PHILLIPS: We do not have high speed rail. Our trains are not fast.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker?

REPRESENTATIVE JAMES KEFFER: Mr. Taylor, for what purpose?

REPRESENTATIVE VAN TAYLOR: Will the gentlemen yield for questions?

REPRESENTATIVE LARRY PHILLIPS: Sure.

REPRESENTATIVE JAMES KEFFER: Yes, he yields.

REPRESENTATIVE VAN TAYLOR: Representative Phillips, where in the United States is there high speed railed today?

REPRESENTATIVE LARRY PHILLIPS: We really don't have high speed rail.

REPRESENTATIVE VAN TAYLOR: Okay. Well, I was thinking that the accelerated trains between New York and Boston and Washington, D.C. are the only high speed rail.

REPRESENTATIVE LARRY PHILLIPS: I don't know that they go that fast, in excess of 180 miles an hour. Maybe it does, but I didn't realize -- If it does, I don't think we have any that go quite that fast.

REPRESENTATIVE VAN TAYLOR: And that is bleeding red, requires tons of subsidies, is not an economically viable project. This chamber has looked to see many efforts to bring high speed rail to Texas. It's never been proven to be economically feasible. As Representative Davis points out, there's nobody asking, nobody applying for high speed rail.

REPRESENTATIVE LARRY PHILLIPS: No, there are. There's an application for federal dollars. The federal government says we have money that we want to see go to high speed rail.

REPRESENTATIVE VAN TAYLOR: Okay. So it is only with taxpayer money that we can have high speed rail in Texas, correct?

REPRESENTATIVE LARRY PHILLIPS: I don't know that.

REPRESENTATIVE VAN TAYLOR: Well --

REPRESENTATIVE LARRY PHILLIPS: If you want me to believe you, that's fine. I don't know. This is not dealing with funding, so if you want to make this about funding you can go get an amendment that says we're not going to use taxpayer's dollars to get high speed rail. There's no authority. We don't have any money. We can't even fund the railroad relocation fund plan that we established that the citizens (inaudible) constitution. The constitution passed it, then we're going to have the railroad location fund. We can't even find the money to put in there. There's no money to fund a high speed rail.

REPRESENTATIVE VAN TAYLOR: Yes, and without taxpayer funding for high speed rail, there will be no high speed rail. Why should we spend money preparing for something that isn't going to happen?

REPRESENTATIVE LARRY PHILLIPS: That's what you're saying. That's what you're saying. If there's an option that requires taxpayer funding, would you be for high speed rail?

REPRESENTATIVE VAN TAYLOR: It's not possible. You have to have tons --

REPRESENTATIVE LARRY PHILLIPS: Move adoption.

REPRESENTATIVE JAMES KEFFER: Please excuse -- Please excuse the Agricultural and Livestock Committee to attend a committee meeting, on a motion by Mr. Guillen. Excuse Mr. Sheets, because of a committee meeting, by Mr. Simpson. Any objection? Chair hears none. Chair recognizes Ms. Davis to speak against the amendment.

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker and members, the high speed rail standards that we're talking about would make much more sense if, in fact, we said we had high speed rail. And, to the extent we've not discerned that we're going to have high speed rail, why are we putting safety standards in place for something we don't have? Seems to me like we would want to first get our rail division up and running before we start telling them to now put standards in place for something that's not even on the table. This bill came to the Transportation Committee, and while there might be some need to look at high speed rail in the future, certainly it's not -- it doesn't make sense to put rail standards in place for something you don't have. And that's what this does. It puts standards in place for something we don't even have in the State of Texas. And Chairman Phillips said we're going to look at getting federal funds. But then he said we're going to have fees to implement this, or to cover the cost. And it's all so abstract. It's not attached to anything. If we were going to tell the rail division and TxDOT to develop a high speed rail plan, that would make sense. In that plan you ought to have standards. That would make sense. What they're saying is develop standards for something that doesn't exist. That's what the problem is. And, additionally, it talks about we are going to have a high speed rail program that we're going to immediately say, but if you comply with federal guidelines you don't have to respect the state rules. We need to decide if this is something the state's going to do then we need to be serious about saying we want it, as a state; we want our department to review it, come back with a plan to implement high speed rail, figure out what it's going to cost us, and do it the correct way. But to put standards in place for something we just don't even have, we're not even making the application, for just makes no sense to me. So I would ask you, members, to vote no on this amendment; unless the body thinks we want a high speed rail. But it's ridiculous to talk about standards for something we don't even have and not asking for. So, members, I ask you to vote no on this amendment.

REPRESENTATIVE JAMES KEFFER: Mr. Phillips to close.

REPRESENTATIVE LARRY PHILLIPS: Thank you. I just appreciate consideration. If we're going to have a high speed rail we need to have safety standards. This is something that many of you know we're going to have high speed rail one day. It may be a long time away. It may be quicker. As you know, Florida, gave up the high speed rail money. It's gone back to the federal government. So I think, I would just ask you vote with me, vote for high speed rail. It doesn't commit funds. Vote aye.

REPRESENTATIVE JAMES KEFFER: All right. Mr. Phillips sends up an amendment. Ms. Davis in opposition. Vote aye, vote no. Clerk will ring the bell. Mr. Pickett -- Show Mr. Pickett voting aye. Ms. Marquez voting aye. All members voted? Mr. Lucio voting no. Mr. Vo voting no. All members voted? All members voted? All members voted? 72 ayes, 52 nays, motion carries. Members, we're on page 97. Page 97 of the packet. Clerk will read the amendment.

CLERK: Amendment by Gallego.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. This amendment would move resident county from the Laredo TxDOT district into the San Angelo TxDOT district. And it is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Mr. Gallego sends up an amendment. It is acceptable to the author. Any objection? Chair hears none. Page 98. Clerk will read the amendment.

CLERK: Amendment by Martinez.

REPRESENTATIVE JAMES KEFFER: Mr. Martinez ? Chair recognizes Mr. Martinez. Chair recognizes Mr. Martinez.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you, Mr. Speaker. I have an amendment to the amendment.

REPRESENTATIVE JAMES KEFFER: Mr. Geren, for what purpose?

REPRESENTATIVE CHARLIE GEREN: Mr. Speaker , we've got a messenger from the Senate at the door of the House, and he's got some blue backs with him.

REPRESENTATIVE JAMES KEFFER: Does he really?

REPRESENTATIVE CHARLIE GEREN: Yes.

SENATE MESSENGER: Mr. Speaker, I'm directed by the Senate to inform the House the Senate has taken the following action. The Senate has passed the following measures. HC861 Patrick, sponsor Davis.

REPRESENTATIVE JAMES KEFFER: Good to see you. Following amendment to the amendment.

CLERK: Amendment to the amendment by Martinez.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Martinez.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you Mr. Speaker and members, all the amendment to the amendment does is increases the 5,000 to substitute it for 25,000. And it's acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Mr. Martinez sends up an amendment. Mr. Martinez sends up an amendment to the amendment. It is acceptable to the author. Any objection? Chair hears none. Now, we're back on the Martinez amendment as amended.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you Mr. Speaker and members, all this does is creates more transparency through TxDOT. This amendment requires TxDOT to post on their website all the contracts and related documents, this includes bid documents, financing agreements and text proposed contracts. Also, this amendment requires the member and agenda comprehensive development agreements become subject to public information law and to be posted on TxDOT's website. And --

REPRESENTATIVE JAMES KEFFER: Ms. Harper-B rown in opposition. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, members. The only concern I have about this is even though you move it up to $25,000 it is still a lot of paperwork that would have to be done. I was hoping he could come up with a number that might be more reasonable. But I'm afraid it's going to add cost to the bill, because of the people it will require to put all of those documents online. Because these are --

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker?

REPRESENTATIVE JAMES KEFFER: Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Will Ms. Harper-Brown yield for a question? REPRESENTATIVE LINDA HARPER-BROWN: I yield.

REPRESENTATIVE JAMES KEFFER: She yields.

REPRESENTATIVE YVONNE DAVIS: Thank you, Representative. What is the objection to this amendment? I mean, what part of it are you objecting to? REPRESENTATIVE LINDA HARPER-BROWN: Well, the $25,000. It was $5,000 and the $25,000 leaves a lot of contract things that are open, a lot of the documents. I don't mind putting documents online and having the transparency, I think that's fine. I'm just concerned that this is still going to be a lot of information that they're going to have to do, and it could add cost to the bill.

REPRESENTATIVE YVONNE DAVIS: But, Ms. Harper-Brown, you have told every toll authority to put their entire checkbook online. REPRESENTATIVE LINDA HARPER-BROWN: Well I know. And TxDOT has their checkbook online.

REPRESENTATIVE YVONNE DAVIS: No, I'm just saying we've been telling everybody to be transparent, so this is a way to add to that transparency, and you're saying because it might be more paper? REPRESENTATIVE LINDA HARPER-BROWN: No. Because of the number of dollars. First of all, we already had an amendment that every expenditure that Ms. McClendon's amendment for every expenditure by TxDOT they have to keep the documents, and we have those maintained. Now, we're going to have to put all that information online for anything over $25,000. That's my concern, is the threshold.

REPRESENTATIVE JAMES KEFFER: Mr. Workman, for what purpose?

REPRESENTATIVE PAUL WORKMAN: Mr. Speaker, will the gentlemen yield for a question?

REPRESENTATIVE JAMES KEFFER: Ms. Harper-B rown or Mr. Martinez?

REPRESENTATIVE PAUL WORKMAN: Mr. Martinez.

REPRESENTATIVE JAMES KEFFER: He is not at the microphone yet.

REPRESENTATIVE PAUL WORKMAN: Okay.

REPRESENTATIVE JAMES KEFFER: Mr. Workman, we are temporarily withdrawing this amendment.

REPRESENTATIVE PAUL WORKMAN: Thank you.

REPRESENTATIVE JAMES KEFFER: Members, the amendment by Martinez is temporarily withdrawn. We're on page 99. Clerk will read the amendment

CLERK: Amendment by Martinez.

REPRESENTATIVE JAMES KEFFER: We're on page 99. Mr. Martinez, are you ready for your amendment? We are temporarily withdrawing Mr. Martinez's amendment on page 99. We're on page 100.

CLERK: Amendment by Pickett.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Mr. Speaker and members, we've already done an almost identical, similar one. I withdraw this amendment.

REPRESENTATIVE JAMES KEFFER: The amendment on page 100 is withdrawn. 111, members. Following amendment. Clerk will read the amendment. Mr. Gallego?

CLERK: Amendment by Gallego.

REPRESENTATIVE JAMES KEFFER: Is Mr. Gallego on the floor? The amendment is temporarily withdrawn. Members, will you please look in the your amendment packet and see when you'll be coming up at the front here, to help us out, to move forward, move this thing along? Mr. Smithee? Clerk will read the amendment.

CLERK: Amendment by Smithee.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Smithee.

REPRESENTATIVE JOHN SMITHEE: Mr. Chairman and members, in many of our cities, we have highway intersections that have fallen into some disrepair. I know in my local community I have had business owners come up to me and say we would gladly give some money, put in some volunteer hours to help maintain these highways. And it's been very difficult to get those volunteers, businesses together with TxDOT to try to make this happen. And so all this does is require the district engineer in the district to work out a plan and to where they can do this, and submit it so we can encourage private involvement by the private sector in helping to improve their neighborhoods, and improve communities, and have better highways. I believe it's acceptable. I would move adoption.

REPRESENTATIVE JAMES KEFFER: Mr. Smithee sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. We're on page 113, members. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Lewis.

REPRESENTATIVE JAMES KEFFER: The amendment on page 113 is withdrawn. Page 115 is withdrawn. The amendment on page 119 is temporarily withdrawn. Mr. Fletcher, we're on your amendment on page 120. The one on page 120.

CLERK: Amendment by Fletcher.

REPRESENTATIVE JAMES KEFFER: The Chair recognizes -- The Fletcher amendment is withdrawn. Page 121, Mr. Rodriguez. Is Mr. Rodriguez on the floor? Mr. Rodriguez. The amendment, Rodriguez amendment, is temporarily withdrawn. Members, go back to page 111. The following amendment. Clerk will read the amendment.

CLERK: Amendment by Gallego.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker and members. This amendment -- As you know the state has been suffering wildfires, and this would help -- TxDOT would be able to help local communities in planning escape routes from wildfires.

REPRESENTATIVE JAMES KEFFER: Ms. Harper-B rown? REPRESENTATIVE LINDA HARPER-BROWN: Mr. Sp eaker, will the gentlemen yield for some questions?

REPRESENTATIVE PETE GALLEGO: Yes.

REPRESENTATIVE JAMES KEFFER: He yields. REPRESENTATIVE LINDA HARPER-BROWN: Mr. Ga llego, I think this is a wonderful amendment but --

REPRESENTATIVE PETE GALLEGO: Thank you, Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: The purpose of this amendment I think is very necessary. The one thing that I wanted to do, though, is because the concern that TxDOT has, and I didn't think about this, is that when you have a hurricane you know how to get people out because you know where the hurricane is coming from and where to send them. But in a wildfire you might not necessarily know which road to send people to. So when you designate those roads we might be sending them into danger instead of out of danger. So will you agree to work on with me on language that can some how -- or to make it clear that we want TxDOT to help direct people out of danger, but not necessarily post signs on a highway that says this is the way out.

REPRESENTATIVE PETE GALLEGO: I will tell you that the planning and implementation is more important to me. I agree. What is now the largest fire in Texas' history is occurring right now in Senator Davis' county. REPRESENTATIVE LINDA HARPER-BROWN: Right.

REPRESENTATIVE PETE GALLEGO: And what I learned from watching that, is that as we were trying to get people out of different parts in Jeff Davis' county, and it became apparent that we really didn't have a plan for doing that in as rapid a fashion as we should. We were very good at getting people to evacuate their homes and those kinds of things, specially under the circumstance, but what I'm interested in is having TxDOT work with the local communities in terms of designating, so that if this happens again, because wildfire season has been happening all over. Quite frankly, every season it seems like. So designating -- What is it that we need to work on, what is it that we need to fix in order to get people out faster? So if this vote is closed and we can have this closed there's a plan, and TxDOT will assist in upgrading or helping to implement or doing anything that they can do to make sure we're able to get people out faster. REPRESENTATIVE LINDA HARPER-BROWN: All right.

REPRESENTATIVE PETE GALLEGO: And the sign is not the issue for me.

REPRESENTATIVE JAMES KEFFER: Mr. Gallego sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. The Chair would like to recognize a former -- ex member, Mr. Brian McCall. How are you doing, sir? And Elvira (inaudible). There she is. Elvira. And Mr. Bohac for an announcement.

REPRESENTATIVE DWAYNE BOHAC: Mr. Speaker, members, it's my pleasure to introduce the St. Jerome Catholic School. I have several students, I think about 40 or 50, they come see me every year. This is their 7th grade history class and we have an opportunity for Q and A, and usually their youth pastor is here, Pastor Ricky. But he could not come this year. But if you would help me welcome students and parents from St. Jerome's Catholic School and Church, I would appreciate it. Stand up. They're on the south side of the gallery. Stand up students and parents. Good seeing y'all. Thank y'all for being here. I also know my wife is watching this on TV now, so, Hello Dawn. I love you, babe.

REPRESENTATIVE JAMES KEFFER: Wasn't that sweet? Chair recognizes Mr. White for an announcement.

REPRESENTATIVE JAMES WHITE: Thank you Mr. Speaker. Members, today in our south gallery we have the students of one of the greatest elementary schools in Texas. Brandon Elementary is recognizes as a state recognized campus, it has been distinguished by the National Center for Educational Achievement as a National Higher Performing School. Brandon Elementary Bears, could you please stand? Members, please join me in welcoming these great students to their State Capitol. Thank you very much.

REPRESENTATIVE JAMES KEFFER: Do you love them, too?

REPRESENTATIVE JAMES WHITE: I love them, too. And they got some good barbecuing I need to go check out.

REPRESENTATIVE JAMES KEFFER: All right. Chair recognizes Ms. Woolley for an announcement.

REPRESENTATIVE BEVERLY WOOLLEY: Madam Speaker and members, I wanted you to know that Elvira Raina*, a former member is here. And she'd love to visit with you in the back. She's icing her feet now. Elvira, welcome back.

REPRESENTATIVE JAMES KEFFER: All right. Members, we're back on the bill. On page 130. Mr. Alonzo. Clerk will read the amendment.

CLERK: Amendment by Alonzo.

REPRESENTATIVE JAMES KEFFER: Page 130 is withdrawn. Page 131. Mr. Pickett, hobble up here.

CLERK: Amendment by Pickett.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker. Members, with all the financing that the state is doing I've got an amendment that would take care of some of the issues that we have with the Texas Mobility Fund, Proposition 14 bond proceeds and Proposition 12 bond proceeds. Currently, as many of you know, the mobility fund was created and we have to have 110 percent revenue in that fund before we can issue any funds. There are moneys that come into that fund, however, that are not certified by the comptroller that aren't used for that certification. This would allow us to use any surplus funds, any funds that were left over from low bid that was in there to certify. This would allow the Texas Department of Transportation to loan money from proceeds on Prop 14 or Prop 12. Something that's important to me, and I hope those of you that are conservative about borrowing and lending money. If we borrow money in the State of Texas and turn around and give that money to an entity who, in turn, uses part of that money for a revenue generating project, we would like them, and this would require them to pay back to the state, the debt service that all of us are paying. Move adoption.

REPRESENTATIVE JAMES KEFFER: Mr. Pickett offers an amendment. It is acceptable to the -- It is acceptable to the author. Are there any objections? Chair hears none. Please excuse the Higher Education Committee Members because of a committee meeting, by motion of Representative Harless. Mr. Martinez Fischer, are you on the floor? Amendment on page 140 is temporarily withdrawn. Mr. Smithee. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Smithee.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Smithee.

REPRESENTATIVE JOHN SMITHEE: Mr. Speaker and members, this is an amendment that would name a rest area that is on I-27 in Hale County, near the home of our former speaker, Pete Laney. It would name it after James E. Pete and Nelda Laney, to some what honor them. Well, to honor them for their service to the state and to help the people in that area remember their service to the state. I move passage.

REPRESENTATIVE JAMES KEFFER: Mr. Smithee sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Did you explain your amendment, Mr. Smithee? Explain it? Mr. Hildebrand. Members we're on the amendment of page 143.

CLERK: Amendment by Hildebrand.

REPRESENTATIVE JAMES KEFFER: Clerk will read the amendment. Chair recognizes Representative Hildebrand.

REPRESENTATIVE HARVEY HILDERBRAN: Mr. Spe aker and members, this is an amendment that makes this a local bracket down in my home county.

REPRESENTATIVE JAMES KEFFER: Clerk will read the amendment to the amendment.

CLERK: Amendment to the amendment by Hildebrand.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Hildebrand.

REPRESENTATIVE HARVEY HILDERBRAN: Mr. Spe aker and members, this amendment makes the amendment today prefiled only applicable to Clark County and Kimball county in may district.

REPRESENTATIVE JAMES KEFFER: Representati ve Hildebrand sends up an amendment to his amendment. It is acceptable to the author. Are there any objections? Chair hears none. Now we're back on the Hildebrand amendment as amended.

REPRESENTATIVE HARVEY HILDERBRAN: Mr. Spe aker and members, I think the amendment, now that I've amended to make it only affect my counties, is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Mr. Hildebra nd sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Mr. Phillips, we're on amendment on page 145.

CLERK: Amendment by Phillips.

REPRESENTATIVE JAMES KEFFER: Amendment, Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you, members. This is kind of a clean up section for the state infrastructure bank that TxDOT runs. And I have an amendment to the amendment for clarifying language.

REPRESENTATIVE JAMES KEFFER: Clerk read the amendment to the amendment.

THE CLERK: Amendment to the amendment by Phillips.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you. That amendment to the amendment just clarifies to make it clear that there's an authority for TxDOT in a local community to share in revenues from the project. And I would move adoption. The amendment to the amendment is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Mr. Phillips sends up an amendment to his amendment, it is acceptable to the author. Are there any objections? The Chair hears none. Now we're back on the Phillips amendment as amended.

REPRESENTATIVE LARRY PHILLIPS: Thank you, again. This is kind of clean up language regarding the state infrastructure bank that's under the TxDOT pro-view that we kind of set up a few years ago. And I would move adoption. It's acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Mr. Phillips sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. We're back on page 99, members. Clerk will read the amendment.

CLERK: Amendment by Martinez.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Martinez.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you, Mr. Speaker and members. I do have an amendment to the amendment.

REPRESENTATIVE JAMES KEFFER: Clerk will read the amendment to the amendment. Clerk will read the amendment to the amendment.

CLERK: Amendment to the amendment by Martinez.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Martinez.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you, Mr. Speaker and members. All the amendment to the amendment does, what this amendment to the amendment does is it just changes this to per year. And it is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Mr. Martinez sends up an amendment to the amendment. It is acceptable to the author. Are there any objections? Chair hears none. Now we're back on the amended Martinez amendment.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you, Mr. Speaker. Members, all this amendment does is encourages safety, and rewards those Texas Department of Transportation Employees who demonstrate excellent safety performance. I believe they're already doing this, and this amendment creates a cash bonus award of no more than $200 for TxDOT employees. And, as amended, it's per year. And these are the employees who meet prerequisites to display an exemplary safety record for TxDOT. And I move adoption.

REPRESENTATIVE JAMES KEFFER: Mr. Martinez sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Now, we are back on page 119 with Mr. Chisum. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Chisum.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Chisum.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, this just allows for road materials, that surplus to go to counties. And I have an amendment to the amendment.

REPRESENTATIVE JAMES KEFFER: Mr. Jackson?

REPRESENTATIVE JIM JACKSON: Mr. Speaker, I had a question of the gentlemen. He's got an amendment, he said.

REPRESENTATIVE WARREN CHISUM: Let me put my amendment to the amendment on.

REPRESENTATIVE JAMES KEFFER: We have an amendment to the amendment. Mr. Jackson?

REPRESENTATIVE JIM JACKSON: Thank you.

REPRESENTATIVE JAMES KEFFER: Clerk will read the amendment.

CLERK: Amendment to the amendment by Chisum.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Chisum.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker , members, this just limits it to $12 million a year for counties. They've lost $30 million in House Bill 1 from '08 (inaudible) are not going to get any more. It helps our counties out a little bit.

REPRESENTATIVE JAMES KEFFER: Mr. Jackson, for what purpose?

REPRESENTATIVE JIM JACKSON: Will the gentlemen yield?

REPRESENTATIVE JAMES KEFFER: Do you yield, Mr. Chisum?

REPRESENTATIVE WARREN CHISUM: I yield, Mr. Speaker.

REPRESENTATIVE JIM JACKSON: Mr. Chisum, I was just looking at this. This 18 million -- Or 12 million now --

REPRESENTATIVE WARREN CHISUM: Right.

REPRESENTATIVE JIM JACKSON: We talked about earlier, that being surplus material. I think it says from appropriated funds department shall assist counties and materials to repair and maintain county roads.

REPRESENTATIVE WARREN CHISUM: With the intent this is not money, this is just rock and dirt.

REPRESENTATIVE JIM JACKSON: The intent is that this $12 million is in surplus materials?

REPRESENTATIVE WARREN CHISUM: That's correct, Mr. Jackson. And if counties have a 160,000 miles, 160,000 miles of road; and they get no road tax to do it with. So this is just to assist the counties a little bit.

REPRESENTATIVE JIM JACKSON: Mr. Speaker?

REPRESENTATIVE JAMES KEFFER: Yes, Mr. Jackson.

REPRESENTATIVE JIM JACKSON: Could I have our remarks reduced to writing and placed in the journal?

REPRESENTATIVE JAMES KEFFER: You heard the proposal. Any objection? Chair hears none. Mr. Chisum sends up an amendment to the amendment, it is acceptable to the author. Are there any objections? The Chair hears none. Now we are back on the Chisum amendment. It is acceptable to the author. Are there any objections? Chair hears none. Members, we're on page 121. Mr. Rodriguez, is he here? There he is. Clerk will read the amendment.

CLERK: Amendment by Rodriguez.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker. Members, this amendment would require TxDOT to provide the Legislature with a biennial report describing funding needs and options, using already existing studies. The report would be received by the Governor, Lieutenant Governor, Speaker, Chairperson of the House, Committee on Appropriations, Ways and Means, Senate Finance Committee, as well as the Transportation Committee in both Houses. This will allow both committees from both Houses to partake in the decision making process. The goal of this amendment is to provide a comprehensive overview of funding options and implementation strategies that will introduce new and beneficial avenues for funding. TxDOT is okay with this. They said they can do this without any fiscal impact. And I believe it is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Mr. Rodrigue z sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Members, we're on page 144. Clerk will read the amendment.

CLERK: Amendment by Alonzo.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. Davis. Clerk -- There is an amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Alonzo.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you. Mr. Speaker and members, this is an amendment Mr. Alonzo worked out with the department as it relates to the emerging fund managers. This amendment to the amendment just says that it is at the department's discretion to make sure we're not tying the department's hands. An amendment to the amendment is acceptable.

REPRESENTATIVE JAMES KEFFER: Ms. Davis sends up an amendment to the amendment by Mr. Alonzo. It is acceptable to the author. Are there any objections? The Chair hears none. Now we're back on the Alonzo amended amendment by -- Chair Recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you Mr. Speaker and members, this is an amendment that Representative Alonzo worked out with the department and the author of the bill, with regard to the use of emerging fund managers. And it leaves the department in complete control with its own discretion as to how they use those emerging managers. With that, I move adoption.

REPRESENTATIVE JAMES KEFFER: Ms. Davis sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Members, we're on page 155. Mr. Pickett. Clerk will read the amendment.

CLERK: Amendment by Pickett.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Pickett. There is an amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Pickett.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Thank you Mr. Speaker and members, on our screen, the original amendment when we filed it, it didn't pick up all underlying and strike out. So the amendment to the amendment is the identical one that's on your screen, but now has the strikeouts. This is something that we've already passed out, but because of the lateness of the time in the session I wanted to include the transportation reinvestments zone back in here, a couple hits from the pass through on here. Ms. Davis was the one who moved this out of committee, that it passed and went to the Local and Consent Calendar. But this is the same as House Bill 563.

REPRESENTATIVE JAMES KEFFER: Mr. Weber?

REPRESENTATIVE RANDY WEBER: Mr. Speaker, will the gentlemen yield?

REPRESENTATIVE JOE PICKETT: I yield.

REPRESENTATIVE JAMES KEFFER: He yields.

REPRESENTATIVE RANDY WEBER: Joe, I haven't had a chance to go through all of this, but I'm reading. Would you tell us exactly what your amendment refile does?

REPRESENTATIVE JOE PICKETT: Yes, sir. Four years ago, when we passed the transportation reinvestment zone, and this would allow the economic development commercial area to set a base on the property values. Anything over that could be put into a special fund for transportation infrastructure. At that time, the only way that your community or my community could do one, is if it was also tied to a pass-through financing program through the Texas Department of Transportation. And pass-through than that you or I went to them and they borrowed the money, built the project and then it was paid back by an allotment that you would get annually through your communities. Well, there are transportation reinvestment zones that can stand on their on. And this would uncouple it and actually free up fund 6 dollars. And so if your community wanted to do their own project and felt if you increased the infrastructure somewhere and a big box came, a new JC Penny came, you could actually use those. This is a tip district, by the way, that cities use all the time. You could do this without having to wait for a call for projects from TxDOT. That's the biggest change that this does. It also has a provision to make it easier for counties to participate. As you know, counties don't have ordinance authority. Cities create these. Counties, the only way they can put money aside would have to abate the taxes on your property and then reassess that same amount. And this makes it easier for a county to do that in the bill as well.

REPRESENTATIVE RANDY WEBER: Okay. I'm reading on page one here where it talks about under developed areas. But this in no way -- How do I phrase this? This in no way is going to enhance or encourage --

REPRESENTATIVE JOE PICKETT: No, not whatsoever. If fact, this has gone even more in the other direction and realizes that like you (inaudible) isn't anywhere in this, we don't get into those terms. But, absolutely, you're correct. Nothing to do with additional eminent domain powers whatsoever.

REPRESENTATIVE RANDY WEBER: Okay, Mr. Speaker?

REPRESENTATIVE JAMES KEFFER: Yes, Mr. Weber?

REPRESENTATIVE RANDY WEBER: I'd like to have the remarks between myself and Representative Pickett be reduced to writing and put in the journal, please.

REPRESENTATIVE JAMES KEFFER: Members, you heard the motion. Are there objections? The Chair hears none.

REPRESENTATIVE RANDY WEBER: Thank you, Joe.

REPRESENTATIVE JAMES KEFFER: Mr. Pickett sends up an amendment to the amendment. It is acceptable to the author. Are there any objections? Chair hears none. Now, we're back on the Pickett amendment. Mr. Pickett sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. We're on page 165, members. Mr. Darby withdraws the amendment on page 165. Ms. Kolkhorst, amendment on page 166.

CLERK: Amendment by Kolkhorst.

REPRESENTATIVE JAMES KEFFER: Chair recognizes -- Chair recognizes Ms. Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Members, there's an amendment to the amendment.

REPRESENTATIVE JAMES KEFFER: Following amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Davis of Dallas.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you Mr. Speaker and members, this amendment just allows us to add to the Legislative Budget Board to the review of the projects. And simply because there was concern of that, whether or not the legislative body had a clue of what was going on. And I think this is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Ms. Davis sends up an amendment. It is acceptable to Ms. Kolkhorst. Are there any objections? Chair hears none. Back on the Kolkhorst amendment as amended.

REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members, as we well know, there is a lot of complexity to the comprehensive development agreement. We have allowed for the Attorney General to look at the legality of these contracts. This adds that it will be reviewed by the Attorney General for legal sufficiency, and signed by the Attorney General if approved. And it will be reviewed by the Comptroller for financial viability and funds, and certified by the Comptroller if approved. Ms. Davis added the LBB. That adds further security to us, that got the Comptroller looking at it. And you've also got the LBB to see if these are viable projects. If we sign this agreement, and we've seen this in government a whole lot where we say we're transferring risk, and the next thing you know, our government's bailing out these entities; so there is no transfer of risk. This gives the checks and balances a very complicated, complex and half century comprehensive development agreements. I move passage.

REPRESENTATIVE JAMES KEFFER: Ms. Kolkhors t sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Mr. Smith. We're on page 167, members. Mr. Smith? The Smith amendment is withdrawn. Mr. Parker? We are on page 1 -- we're doing -- We're on page 176. Mr. Parker's amendment is temporarily withdrawn. Ms. McClendon? We're on page 178.

CLERK: Amendment by McClendon.

REPRESENTATIVE JAMES KEFFER: Chair recognizes Ms. McClendon.

REPRESENTATIVE RUTH JONES McCLENDON: Than k you Mr. Speaker and members, the amendment states that TexDOT is not authorized to engage in marketing, advertising or other activities for the purpose of influencing public opinion about the use of toll roads or the use of toll as a financial mechanism. However, TexDOT could continue to have the authority to conduct marketing and advertising activities, to inform the public with regard to the status of pending and on-going toll projects. TexDOT also would be allowed to inform the public regarding the use and availability of toll tags and other toll resources, which cures an objection raised by the governor in year 2009 when this bill was passed in both chambers. And this amendment is acceptable to the author.

REPRESENTATIVE JAMES KEFFER: Ms. McClendo n sends up an amendment, it is acceptable to the author. Are there any objections? The Chair hears none. Clerk will read the amendment.

CLERK: Amendment by Rodriguez.

REPRESENTATIVE JAMES KEFFER: Mr. Rodriguez , we're on page 180.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Mr. Speaker. Members, this amendment is a simple transparency and efficiency amendment. Whole world municipalities right now are already imposing transportation user fees to defray local cost of street maintenance. This amendment promotes transparency, because it ensures that the department has notice of this so they can be aware of all sources of local aid available for maintenance. It also promotes efficiency, because it permits the municipalities to save money by spending only one unified utility bill statement, rather than having it sent to multiple -- send multiple statements. This amendment was approved by the House last session, House Bill 300. And it is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection? The Chair hears none. Amendment is adopted. Members, we're going to page 181. The following amendment. Clerk will read the amendment. Mr. Phillips, get out of the way. The clerk has to read the amendment.

REPRESENTATIVE CHARLIE GEREN: Please excuse Representative Martinez Fischer because of illness, on the motion of Representative Castro. Please excuse Representative Dutton because of important business in the district, on the motion of Representative Castro. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Phillips.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you. This relates to the design build authority of regional ability authorities, and what we're doing is adding the same restrictions to them that we have to TexDOT to limit the numbers that they could do, and the process they have had to that. That's part of the amendment to the amendment. There's an amendment to the amendment.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. The clerk will read the amendment.

THE CLERK: Amendment to the amendment by Phillips.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: This amendment to the amendment finalizes all the language regarding the limitations on the design build to regional ability authorities, including the numbers in each one. And, again, they are not the CDAs, it's not the CDAs for a concession agreement, it's the design build like we did awhile ago. I move the adoption of the amendment to the amendment.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there objection to the adoption of the amendment to the amendment? Chair hears none. So ordered. Chair recognizes Mr. Phillip.

REPRESENTATIVE LOIS KOLKHORST: Mr. Speake r?

REPRESENTATIVE CHARLIE GEREN: Mrs. Kolkho rst, for what purpose?

REPRESENTATIVE LOIS KOLKHORST: Would the gentleman yield?

REPRESENTATIVE CHARLIE GEREN: Would you yield?

REPRESENTATIVE LARRY PHILLIPS: I would yield.

REPRESENTATIVE LOIS KOLKHORST: Mr. Philli ps, I kind of want to get a full explanation with the amendment to the amendment now on the bill. What exactly are you doing? And is this one of your bills that you're carrying also, or is this a separate bill?

REPRESENTATIVE LARRY PHILLIPS: Not with the amendment to the amendment, no.

REPRESENTATIVE LOIS KOLKHORST: Okay. So let's start from the top. I'm reading it and working through it. It gives the authority to enter into a comprehensive involvement agreement with a private entity for the design and structure of a transportation project, that it may also provide for financing of the project so.

REPRESENTATIVE LARRY PHILLIPS: But it's not a concession, it's not CDA. That's part of the of problem, is that we use CDA to include design builds. We use it to include design builds and concession agreements. That's all the concession agreement issues are -- we have narrowed those in. Those are the ones that is people have concerns with, and that's why we only approve specific projects. And what this amendment does is it puts in restrictions, the amendment to the amendment finalizes the restrictions -- let me get those -- to limit the number of design builds that RMAs can do.

REPRESENTATIVE LOIS KOLKHORST: So we actually are giving CDA authority to RMAs now?

REPRESENTATIVE LARRY PHILLIPS: RMAs have CDA authority. We're extending that authority and putting parameters on those authorities. Now not -- Okay, so you got to understand -- Explain what you mean by CDAs.

REPRESENTATIVE LOIS KOLKHORST: Go ahead.

REPRESENTATIVE LARRY PHILLIPS: That's what I'm saying, I want to make sure when you are saying we're doing that, that we're not talking about concession agreement, that you have a long concessions. We're talking about design build authority for a comprehensive development agreement where you can say we're going to put out a requested proposal. And, again, this doesn't apply to your community because you don't have regional ability authority. But to those that have regional ability authority, they can put these out as they say, please, we're going to request a proposal where someone will build projects, a project that goes from A to B so they can relieve congestion. And they can come in and they will say we will design and build it for this much money, or we will design and build and go get your financing.

REPRESENTATIVE LOIS KOLKHORST: But they don't get a concession. How do they get their money back?

REPRESENTATIVE LARRY PHILLIPS: They're paid for their work.

REPRESENTATIVE LOIS KOLKHORST: Through what?

REPRESENTATIVE LARRY PHILLIPS: Through the financing. Let's say the local authority issues bond, they could pay them back to do that. But they don't get concessions off of any revenues for any toll road.

REPRESENTATIVE LOIS KOLKHORST: The revenues from the toll roads go to --

REPRESENTATIVE LARRY PHILLIPS: The authority, whoever built that --

REPRESENTATIVE LOIS KOLKHORST: So when you say we're extending this, currently we have CDA authority that Sunset -- Does this give a sunset date, which is an amendment to the amendment, which I know is on the screen, but I don't have a piece of paper.

REPRESENTATIVE LARRY PHILLIPS: No, because it's not for -- whenever -- We put the limitations a few years ago because we used CDAs in so many ways -- confidential development agreement in so many ways, that that put that limit on there. That limit, I don't think should have been on there. I think what we were talking about was concession agreements, and we've ended those agreements with CDAs.

REPRESENTATIVE LOIS KOLKHORST: So this is an expansion of authority to --

REPRESENTATIVE LARRY PHILLIPS: It's a continuation of authority, but we're limiting that continued authority.

REPRESENTATIVE LOIS KOLKHORST: But we're not limiting it to a certain time period, it just goes on and on, and yet we're letting the others --

REPRESENTATIVE LARRY PHILLIPS: Right.

REPRESENTATIVE LOIS KOLKHORST: -- authority expire? So, in ways --

REPRESENTATIVE LARRY PHILLIPS: What other authority?

REPRESENTATIVE LOIS KOLKHORST: Well, the CDAs authority that expires this year, I believe. August 31.

REPRESENTATIVE LARRY PHILLIPS: For these, not for the other ones.

REPRESENTATIVE LOIS KOLKHORST: Thank you. I have the current amendment. I just have -- You know, just in my instinct I get a little nervous putting whole bills onto our Sunset Bills, because we are not properly vetting these. And you and I can continue to --

REPRESENTATIVE LARRY PHILLIPS: We are probably continuing to vetting these in the committee.

REPRESENTATIVE LOIS KOLKHORST: Okay. But not this body.

REPRESENTATIVE LARRY PHILLIPS: Well, that's what we're doing right now, Mrs. Kolkhorst. That's what I don't understand. It's okay, I mean it's okay when we do -- I mean that's not what I understand we're doing. We came to the committee process and we're discussing that.

REPRESENTATIVE LOIS KOLKHORST: I just want the body to understand you are extending CDA authority through your RMAs, which -- I don't have it, Larry. I did a request in terms of our Fund 6 money goes to these RMAs so we all have --

REPRESENTATIVE LARRY PHILLIPS: No, they don't. Not --

REPRESENTATIVE LOIS KOLKHORST: Yes. Millions of dollars. I have it on my computer, how much money we've spent through the RMAs. You can say no. I don't know, I don't know. Should I call TexDOT a liar?

REPRESENTATIVE LARRY PHILLIPS: No.

REPRESENTATIVE LOIS KOLKHORST: Thank you. We do fund RMAs through Fund 6.

REPRESENTATIVE LARRY PHILLIPS: Not only through Fund 6. Hidalgo County --

REPRESENTATIVE LOIS KOLKHORST: I'm telling you --

REPRESENTATIVE CHARLIE GEREN: Let's keep this civil, please.

REPRESENTATIVE LARRY PHILLIPS: Lois, that's not true, though. Hidalgo County funds it through road and bridge fees. Other counties do it other ways. So let's just be specific about CDAs.

REPRESENTATIVE LOIS KOLKHORST: I'm just telling you that we're doing a lot of change here, and this body did that through 3588, and then we all lived the next six years trying to undo much of 3588, which was called MOAB, the mother of all bills.

REPRESENTATIVE LARRY PHILLIPS: Right.

REPRESENTATIVE LOIS KOLKHORST: And I am extremely sincere about this.

REPRESENTATIVE LARRY PHILLIPS: That was a 1,200 page bill. This is not.

REPRESENTATIVE LOIS KOLKHORST: By the time we finish the TexDOT Sunset Bill it will be several hundred pages.

REPRESENTATIVE LARRY PHILLIPS: But, Lois, I want to understand. You're trying to say CDAs. Again, that is not concessions, those are the individual projects we're going to talk about at the end. Those are the issues people have. They didn't have problems with the design builds, and we've got limitations on --

REPRESENTATIVE LOIS KOLKHORST: But you put limits --

REPRESENTATIVE LARRY PHILLIPS: No.

REPRESENTATIVE LOIS KOLKHORST: We --

REPRESENTATIVE LARRY PHILLIPS: We're not create -- You're saying we're creating new authority. We're not creating new authority. We're extending the authority and we're putting limits around it. We're putting fences around the authority.

REPRESENTATIVE LOIS KOLKHORST: But this body has voted on -- We had a Sunset date on it, and I just want the body to understand that we're now extending it with no Sunset date. And I just want to make sure that we understand that as a body.

REPRESENTATIVE LARRY PHILLIPS: Right. We generally don't Sunset stuff all the time. We Sunsetted it to see what happened the last two years, and you know what, we haven't had -- we haven't had issues relating to this. Again, this is not a concession agreement, which is very different. We're going talk about those in just a minute.

REPRESENTATIVE LOIS KOLKHORST: Okay. And then we'll go back maybe to the State Infrastructure Bank, see how this fits together. Thank you.

REPRESENTATIVE LARRY PHILLIPS: I move -- It's acceptable to the author. Move adoption.

REPRESENTATIVE PAUL WORKMAN: Mr. Speaker?

REPRESENTATIVE CHARLIE GEREN: Mr. Workman , for what purpose?

REPRESENTATIVE PAUL WORKMAN: Will the gentleman for a question?

REPRESENTATIVE CHARLIE GEREN: Would you yield, Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: I sure would.

REPRESENTATIVE PAUL WORKMAN: I'm still a little confused, because it looks to me like the paragraph 2, under B1, keeps an operator from getting money. So how are we paying for these? If we're going to have them finance it, how are we going to pay for them?

REPRESENTATIVE LARRY PHILLIPS: Say it again.

REPRESENTATIVE PAUL WORKMAN: Changes the toll road.

REPRESENTATIVE LARRY PHILLIPS: I'm sorry, what are you saying? This is a private sector. Private sector financing.

REPRESENTATIVE PAUL WORKMAN: Okay. And so they will be paid back in full, but there's no tolls involved?

REPRESENTATIVE LARRY PHILLIPS: No. There could be tolls, they could design builds and you could have that as a toll road. That's exactly right. But it's not going to be that entity that finances this that collects the tolls.

REPRESENTATIVE PAUL WORKMAN: All right. So anybody that wants to build a toll road, regardless --

REPRESENTATIVE LARRY PHILLIPS: No, no. These are regional ability authorities.

REPRESENTATIVE PAUL WORKMAN: Okay. So they got to have the cash up front?

REPRESENTATIVE LARRY PHILLIPS: Yes. They go out and get it financed.

REPRESENTATIVE PAUL WORKMAN: They go get bonds?

REPRESENTATIVE LARRY PHILLIPS: Yes. However you would do it.

REPRESENTATIVE PAUL WORKMAN: Okay. So this just keeps a private operator from design build and financing and being paid back by the tolls?

REPRESENTATIVE LARRY PHILLIPS: Well, we've limited -- That's right. We've limited how we're going to do those. Those types of agreements, those are not in this bill or this amendment. Those are in a separate amendment that we're going to talk about in a little bit, that are very narrowly tailored, because there are concerns about those projects. Mrs. Kolkhorst just put a lot of limitations on those agreements.

REPRESENTATIVE PAUL WORKMAN: Okay.

REPRESENTATIVE LARRY PHILLIPS: But those are separate, that's a separate bill. This is not those concessions.

REPRESENTATIVE PAUL WORKMAN: Okay. Thank you.

REPRESENTATIVE LARRY PHILLIPS: Okay.

REPRESENTATIVE VICKI TRUITT: Mr. Speaker?

REPRESENTATIVE CHARLIE GEREN: Mrs. Truitt, for what purpose?

REPRESENTATIVE VICKI TRUITT: Would the gentleman yield?

REPRESENTATIVE CHARLIE GEREN: Do you yield?

REPRESENTATIVE LARRY PHILLIPS: Yes.

REPRESENTATIVE CHARLIE GEREN: He will.

REPRESENTATIVE VICKI TRUITT: Mr. Phillips , do you think we adequately fund transportation in this state, transportation infrastructure in this state?

REPRESENTATIVE LARRY PHILLIPS: No, we don't. And that's why at times we have to have toll roads in and communities that address their high congestion areas.

REPRESENTATIVE VICKI TRUITT: Do you like toll roads?

REPRESENTATIVE LARRY PHILLIPS: No. I wish we had no toll roads.

REPRESENTATIVE VICKI TRUITT: I don't like them, either. But clearly the the Legislature has not chosen to figure out a way to fund -- adequately fund transportation infrastructure to accommodate the exponential growth this state is experiencing. We're growing faster than any state in the United States. The north Texas -- Did you know that the north Texas area is one of the fastest -- the fastest growing spot in the nation? Yet we have no ability to expand the capacity of our roadways, because the Legislature does not want to fund it. So the only option we have is to leverage every dollar we can get in public-private partnerships; is that correct?

REPRESENTATIVE LARRY PHILLIPS: That's correct. Now let me make sure we make it clear, this amendment does not relate to private-public partnerships. That's another amendment.

REPRESENTATIVE VICKI TRUITT: Okay.

REPRESENTATIVE LARRY PHILLIPS: And I'm sure you would be for that. This is relating to design builds.

REPRESENTATIVE VICKI TRUITT: Okay.

REPRESENTATIVE LARRY PHILLIPS: For --

REPRESENTATIVE CHARLIE GEREN: Mr. Sheffie ld calls a point of order. That the gentleman's time has expired. Point of order is well taken and sustained.

REPRESENTATIVE LARRY PHILLIPS: Again, it's acceptable to the author. I move adoption.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author, is any objection?

UNIDENTIFIED MAN SPEAKER: Mr. Speaker, I would like a record vote.

REPRESENTATIVE CHARLIE GEREN: Record vote is requested. Record vote is granted. Members, vote aye, vote nay. This is on the amendment. The clerk will ring the bell. Show Mr. Legler voting aye. You have plenty of time vote, members. Have all members voted? Show Mr. Naishtat voting aye. Have all members voted? Mrs. Harper-Brown? Have all members voted? There being 65 ayes, 69 nays; the amendment fails to adopt. Mr. Chisum, for what purpose?

REPRESENTATIVE WARREN CHISUM: Never mind. Members, the amendment on page 183 is withdrawn. The amendment on 185 is temporarily withdrawn. Members, we're on page 186. The following amendment the clerk will read the amendment.

CLERK: Amendment by Kolkhorst.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mrs. Kolkhorst. The amendment is withdrawn. The following -- we're on page 188. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Paxton.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Paxton.

REPRESENTATIVE KEN PAXTON: Members, this amendment applies to tollway authorities, other than those run by TexDOT. Mark Bryan Hughes and I passed the bill two sessions ago, requiring the state to post all state expenditures online in the data base. This bill requires the same thing to tollway authorities, and it requires an annual independent audit. This all about transparency and accountability.

REPRESENTATIVE RAFAEL ANCHIA: Mr. Speaker ?

REPRESENTATIVE CHARLIE GEREN: Mr. Anchia?

REPRESENTATIVE RAFAEL ANCHIA: Will the gentleman yield?

REPRESENTATIVE CHARLIE GEREN: Would you yield?

REPRESENTATIVE KEN PAXTON: I do.

REPRESENTATIVE CHARLIE GEREN: Mr. Paxton yields.

REPRESENTATIVE RAFAEL ANCHIA: Mr. Paxton , in north Texas or -- Let me back up and talk about your amendment. This is an amendment seeking transparency and accountability for different entities, for different government entities involved in tollway construction; correct?

REPRESENTATIVE KEN PAXTON: That is absolutely correct.

REPRESENTATIVE RAFAEL ANCHIA: And this would require a state audit of those or -- Excuse me, a private audit of those entities, right?

REPRESENTATIVE KEN PAXTON: That's correct.

REPRESENTATIVE RAFAEL ANCHIA: And in north Texas we've got the north Texas Tollway Authority that has had a well publicized series of difficulty, including five executives -- executive directors in five years, three general counsels in five years, a number of difficulties related to long-term contractors, et cetera; isn't that right?

REPRESENTATIVE KEN PAXTON: Rafael, those are the reasons that we brought this amendment.

REPRESENTATIVE RAFAEL ANCHIA: Because you share my concern that an entity that was created in 1997, that has not been reviewed on a third party basis, either through Sunset or through the State Auditor's office, or even through a private entity, is maybe not living up to its commitments and the responsibility that we as the Legislature placed on them in the creation of that entity, right?

REPRESENTATIVE KEN PAXTON: And that is correct. And there is public money flowing through these entities, and I see no harm in there being accountability and transparency with where the money is going.

REPRESENTATIVE RAFAEL ANCHIA: Why is that the North Texas Tollway Authority has been fighting your bill to have an audit through the State Auditor's Office, and my bill that seeks to have them go through Sunset Review? Why do you think that is?

REPRESENTATIVE KEN PAXTON: I have not been given a good explanation for that. As a matter of fact, they have not even told me they're against the bill. I just know that behind the scenes that they are fighting it.

REPRESENTATIVE RAFAEL ANCHIA: And that's been my impression, too. I've had a lot of difficulty getting the NTTA review out of -- out of committee. And we've had folks from the -- from the entity who have come to testify against our bills. And if you have nothing hide, why would you be concerned about a little transparency?

REPRESENTATIVE KEN PAXTON: I don't know, Rafael. We've done this through the State, and I see no harm in doing this for tollway authorities. The public has a right to see what's being spent, it's their money.

REPRESENTATIVE RAFAEL ANCHIA: I agree. I any you've got a great amendment.

REPRESENTATIVE KEN PAXTON: Thanks a lot. I actually have this bill in calendars right now. I've been told that this amendment is not germane, so I'm going to withdraw it. But thanks for your questions.

REPRESENTATIVE RAFAEL ANCHIA: Thanks for this dialogue.

REPRESENTATIVE CHARLIE GEREN: The amendment has been withdrawn. The following amendment. The clerk will read the amendment. Members, we're on page 190.

CLERK: Amendment by Flynn.

REPRESENTATIVE CHARLIE GEREN: Amendment by Mr. Flynn. Mr. Flynn. The chair recognizes Mr. Flynn.

REPRESENTATIVE DAN FLYNN: Thank you, Mr. Chairman. This is a bill that will provide us some competitive pricing. It's important for TexDOT to work with industry here in this interim to provide price

(inaudible) to small tourist oriented businesses. And I believe that it is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection? The Chair hears none. So ordered. Amendment on page 191. 193. This is the amendment on page 194. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Martinez.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Martinez. REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: T hank you, Mr. Speaker. Members, we have an amendment to the amendment.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Harper-Brown.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mrs. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Mr. Speaker. Members, this amendment to the amendment is about the move-over law, and it just adds tow trucks to the move-over law. And I believe it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Martinez.

REPRESENTATIVE MARTINEZ: Thank you, Mr. speaker. Members, this amendment is just to protect the men and women who work for the Texas Department of Public Safety or -- correction, Texas Department of Transportation on passing authorized vehicles. And I move adoption.

REPRESENTATIVE CHARLIE GEREN: The amendment as amended is acceptable to the author. Is there any objection? Chair hears none. The following amendment. The clerk will read the amendment. The amendment is on page 196.

CLERK: Amendment by Gallego.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. This would require -- essentially, would foreclose the opportunity to photograph a traffic signal enforcement in a municipality with a population of less than 40,000.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. The following amendment. The clerk will read the amendment. Members, we're on page 1998.

CLERK: Amendment by Gallego.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. This amendment would -- For years,

(inaudible) County has been interested in purchasing the International Bridge there has worked with the city and the county. It is a free bridge on the Texas side, but it is not a free bridge on the Mexico side. So this would allow TexDOT to sell the bridge to the city and county, and that way the city and county might have a potential source of revenue in the future, if that sale is ever made. The Presidio Bridge is not in the city limits, it's in the county. That's why we need the county. And I believe it's acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. The following amendment. The clerk will read the amendment. Members, we're on page 199.

CLERK: Amendment by Gallego.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. This would also relate to the bridge in Presidio, and rename the bridge in Presidio in honor of Richard Slack, who was the Dean of the House and a fellow member from West Texas.

REPRESENTATIVE CHARLIE GEREN: There is an amendment to the amendment. The clerk will the amendment.

CLERK: Amendment to the amendment by Gallego.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. The amendment to the amendment simply takes out any expenditures by TexDOT, by requiring private funds to be raised for purposes of erecting a marker or signage on the bridge.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment to the amendment is adopted. Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE P. GALLEGO: I move adoption.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. The following amendment. The clerk will read the amendment. We're on page 200.

CLERK: Amendment by Gallego.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. This amendment has to do with the Del Rio office of TexDOT, which I'd like to name in honor of Hilary (inaudible), who was also one of my predecessors from Del Rio, and served as Chief Of Staff to Governor Clemons, the U.T. region, a member of the Racing Commission and numerous other things. So it's a great way to say thank you to somebody who was -- or is a big figure out in West Texas.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. The following amendment. The clerk will read the amendment. We're on page 202.

CLERK: Amendment by Castro.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Castro. Mr. Castro. The amendment is withdrawn. We're backing up, members. Members, we're at page 89. The following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Castro.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Castro.

REPRESENTATIVE JOAQUIN CASTRO: Mr. Speaker , members, this amendment deals with guardrail safety along our highways. And I have amendment to the amendment.

REPRESENTATIVE CHARLIE GEREN: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Castro.

REPRESENTATIVE JOAQUIN CASTRO: Okay. The amendment to the amendment asks TexDOT to do a study of best practices for retrofitting rail on bridges and overpasses. The language was worked out with TexDOT and it is going to be acceptable. The amendment as amended will be acceptable to the author. This amendment is acceptable to me.

REPRESENTATIVE CHARLIE GEREN: The amendment to the amendment is acceptable to the author. Is there any objection? The amendment to the amendment is adopted. Chair recognizes Mr. Castro.

REPRESENTATIVE JOAQUIN CASTRO: I move adoption of the amendment as amended.

REPRESENTATIVE CHARLIE GEREN: The amendment as amended is acceptable to the author. Is there any objection? Chair hears none. So ordered. Following amendment. The clerk will read the amendment. Mr. Lucio, are you in the House? Mr. Lucio? The following amendment. The clerk will read the amendment.

CLERK: Amendment by Lucio.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Lucio. The amendment is temporarily withdrawn. The following amendment. The clerk will read the amendment. The Chair recognizes Mr. Phillips to reconsider the vote by which Amendment 36 was adopted.

REPRESENTATIVE LARRY PHILLIPS: Members, this is the high speed rail. I talked to Mrs. Davis and we're just going to pull this off of the bill. So I would move to reconsider the vote.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE LARRY PHILLIPS: I would withdraw the amendment.

REPRESENTATIVE CHARLIE GEREN: The amendment is withdrawn. Mrs. Harper-Brown? Mrs. Harper-Brown?

SPEAKER OF THE HOUSE: Chair recognizes Representative Patrick for a motion.

REPRESENTATVIE DIANE PATRICK: Mr. Speaker, I move to reconsider the vote by which the record vote number 607, Amendment 57 failed to adopt.

JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Members, that brings back Amendment No. 67. It's on page 96. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Phillips.

JOE STRAUS: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Let me -- Members, this is the design build RMA amendment that went down. And I appreciate the reconsideration. And what I'm going to do is put the amendment to the amendment on, so I would move -- I've got an amendment to the amendment.

REPRESENTATIVE JOE STRAUS: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Phillips.

JOE STRAUS: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you, members. And let's talk about -- Because we started -- words start getting put out and people start hearing things. I want to make sure that everybody is clear that a regional authority is like our local governments, local entities that can do transportation. It's, in effect, transportation. Its kind of like NTTA or (inaudible), but it's a little bit different. And it's your local -- it's got -- The board members are primarily appointed by the county commissioners, what these do is -- so what these do is they build projects. They are primarily in the high congested areas, and you have a regional building authority. And what this does is that a few years ago we extended their ability to do what is called a design build, that is a way to build roads, sometimes the most conservative and cost effective way; it allows them to be design builds. And that expires this August. Okay. TexDOT didn't have that authority before. And, earlier today, we agree to let TexDOT have that authority with some fences around it, with some protection. And what we are doing is we are simply extending -- taking the Sunset off and extending the ability of -- the region ability authorities to do design builds. But it's not a concession, which is what people have thought of and talked about like the Trans-Texas Corridor. It says comprehensive development agreement, comprehensive development agreement has several different meetings in transportation. So some seem to get confused about that. This allows for reasonable ability authority. There's one in El Paso, there's one in Cameron County, there's one in Northeast Texas that has several counties, there's one in Grayson County, Bexar County and also the Central Texas RMA, that's Williamson and Travis County. And this allows them to do design builds. But you see the line that says they are explicitly not allowed to do concession payments, and that's the difference. And I'd be glad to yield to Chairman Pickett.

JOE STRAUS: Mr. Pickett, for what purpose?

REPRESENTATIVE JOE PICKETT: Would the gentleman yield for a question or two?

JOE STRAUS: Gentleman yields.

REPRESENTATIVE LARRY PHILLIPS: I would. Yes, I would.

REPRESENTATIVE JOE PICKETT: Mr. Phillips, first off you started out with saying you think there's some confusion.

REPRESENTATIVE LARRY PHILLIPS: Yes.

REPRESENTATIVE JOE PICKETT: At the beginning of this process, or further into it, the primary author of the bill was asked does this have anything to do with the Sunset Bill or the amendment so far, or amendments coming have anything to do with the Trans-Texas Corridor that so many people have an issue with? Does this have anything to do that, first off?

REPRESENTATIVE LARRY PHILLIPS: No, it has nothing to do with that.

REPRESENTATIVE JOE PICKETT: Currently the Texas Department of Transportation cannot do design builds; is that correct?

REPRESENTATIVE LARRY PHILLIPS: That's correct.

REPRESENTATIVE JOE PICKETT: You have worked on the -- with several entities, the consulting engineers, in Texas the AGC in Texas, the department itself, cities, communities, Chambers of Commerce that are looking for ways to conserve money, for ways to do things conservatively; would you agree with that?

REPRESENTATIVE LARRY PHILLIPS: I would agree with that.

REPRESENTATIVE JOE PICKETT: In certain circumstances, design builds, for some projects, is the way to go?

REPRESENTATIVE LARRY PHILLIPS: Right. In some situations it is the most conservative and best way for a community to advance their project.

REPRESENTATIVE JOE PICKETT: Now, these regional mobility authorities that you mentioned, this is not a private entity, is it?

REPRESENTATIVE LARRY PHILLIPS: No, it's not. It's like I said, you apply to the commission. County -- one county or multiple counties can come and apply. And there's a whole statutory framework. They have public meetings, they have open records. They have to comply with --

REPRESENTATIVE JOE PICKETT: I think there was some confusion there in thinking that your amendment went directly to a private entity, saying you can do design builds. Your amendment to the Sunset Bill says a regional authority, of which there's currently eight, they've been appointed by elected bodies throughout the state to be a financing tool so these cities and counties don't have to carry that debt on their books; that was why they were created, correct?

REPRESENTATIVE LARRY PHILLIPS: That's correct. And that's --

REPRESENTATIVE JOE PICKETT: So to save municipalities time and money, to save counties time and money, on occasion design build is the way to go. Those entities currently have that authority, it's about to expire. What you're saying is let's extend that and let's tighten that up, is what I believe your amendment is doing.

REPRESENTATIVE LARRY PHILLIPS: Right. Right. So we're going to extend what they have now. We're going to say okay, y'all have shown that Texas works, that it works. And had we're going extend that, but we're going put some fences. We're going put some restrictions. We're going limit the numbers that you can do. And that's why the amendment to the amendment is rather long, because it's got different pieces to it.

REPRESENTATIVE JOE PICKETT: I think we should be honest with the membership here. Let's bring in the word CDA again, because you tried to explain that. I have a project in my community and it is a CDA. It is not -- It is not a toll project. Can you have a comprehensive development agreement that is not a toll?

REPRESENTATIVE LARRY PHILLIPS: Right. You do not have tolls. You could use --

REPRESENTATIVE JOE PICKETT: Maybe people didn't know that you could have a comprehensive development agreement that is not a toll project.

REPRESENTATIVE LARRY PHILLIPS: And that's exactly right. What Mrs. Truitt said earlier is that we have some major congestion needs in this state, and the local community is saying that we want all the tools we can have to take care of them to fix our congestion issues. And that's what this allows. If you do not have regional ability authority in your district, this is not going to impact you. Now you may, one day, want one.

REPRESENTATIVE JOE PICKETT: Well, you know what, this is a great amendment that's helped my community, it's helped many communities expedite projects. It helps us save money. It gives something that a regional mobility authority should be doing. I'm going give you an example: I like your amendment so much I really want this to go on. We just negotiated a contract in my community that saved us $15 million, because we had the authority, through the regional ability authority, to do a design build. If this amendment doesn't go on and this expires, the next project I have in my community is in jeopardy. You have a good amendment, I hope the members are listening and I lope the amendment goes on.

REPRESENTATIVE LARRY PHILLIPS: Thank you very much. I appreciate it.

JOE STRAUS: Representative Truitt, for what purpose?

REPRESENTATIVE VICKI TRUITT: Will the gentleman yield?

REPRESENTATIVE LARRY PHILLIPS: Yes, I would.

JOE STRAUS: Gentleman yields.

REPRESENTATIVE VICKI TRUITT: Mr. Phillips , are you aware of any projects that are currently under correction in Texas that use the design build process?

REPRESENTATIVE LARRY PHILLIPS: Well, there are many that are -- Well, I say many. There are several. And are several big ones.

REPRESENTATIVE VICKI TRUITT: Do you know that I'm very intimately aware of one called the DSW Connector that's north of DSW Airport?

REPRESENTATIVE LARRY PHILLIPS: Yes, the DSW Connector.

REPRESENTATIVE VICKI TRUITT: And they use the design build process. And do you know how effective that has been, how much time it has saved, how much money it has saved in expediting that project?

REPRESENTATIVE LARRY PHILLIPS: That's exactly right. And that's the option that we're giving, the tool that we're going to give, to continue to allow these regional ability authorities to have.

REPRESENTATIVE VICKI TRUITT: Design build is a conservative method of building these projects, and I whole-heartily support your amendment.

REPRESENTATIVE LARRY PHILLIPS: Thank you.

REPRESENTATIVE BURT R. SOLOMONS: Mr. Spea ker.

REPRESENTATIVE JOE STRAUS: Mr. Solomons, for what purpose?

REPRESENTATIVE BURT R. SOLOMONS: Will the gentleman yield, please?

REPRESENTATIVE LARRY PHILLIPS: Yes, I would, Mr. Solomon.

REPRESENTATIVE BURT R. SOLOMONS: Thank you, Mr. Chairman. Mr. Phillips, we've given this same authority to TexDOT now, have we not?

REPRESENTATIVE LARRY PHILLIPS: Yes, we have.

REPRESENTATIVE BURT R. SOLOMONS: And for every member of this body who is in an urban or suburban county, or even those close thereto, you would think that this would be an important amendment to pass to ensure we have the same ability locally; would you not?

REPRESENTATIVE LARRY PHILLIPS: That's exactly right.

REPRESENTATIVE BURT R. SOLOMONS: So for Dallas County, for Collin County, for Denton County, for Travis County, for Bexar County, for every urban area in this state and suburban area and those counties around that use those projects; those roads, for them to be told TexDOT has authority but we don't, would be would be the wrong thing to do?

REPRESENTATIVE LARRY PHILLIPS: It's saying we're not going to trust the local communities to do what we said we didn't trust TexDOT to do previously. But they have got their affairs in order. But now we're going to tell the local ones that we're not complaining about what you're done, but we're not going to give you continued use of that. I think you're right.

REPRESENTATIVE BURT R. SOLOMONS: So this is an ability for us, here on the floor, of those areas that are concerned about projects, to be able to move those along; at least with the same authority and have the same abilities as TexDOT, who for so long we didn't trust, but we're willing to give them that authority. They need to have the same authority.

REPRESENTATIVE LARRY PHILLIPS: That's correct.

REPRESENTATIVE BURT R. SOLOMONS: You have a good, good, good amendment.

REPRESENTATIVE LARRY PHILLIPS: Thank you.

REPRESENTATIVE EDDIE LUCIO III: Mr. Speak er?

JOE STRAUS: Mr. Lucio, for what purpose?

REPRESENTATIVE EDDIE LUCIO III: Would the gentleman yield for a few questions?

JOE STRAUS: Mr. Phillips, do you yield?

REPRESENTATIVE LARRY PHILLIPS: Yes, I certainly would.

REPRESENTATIVE EDDIE LUCIO III: Mr. Chair man, thank you. Mr. Chairman, thank you for all your hard work on this bill and on this amendment. I just wanted to reiterate what my colleague who spoke previously said, that they have already have this ability. We're continuing to allow them, with your amendment, to have this authority. There have been no complaints in how they exercise their authority on this. We're trying to provide as much local tools as possible for them to accommodate their infrastructure needs; is that correct?

REPRESENTATIVE LARRY PHILLIPS: That's correct.

REPRESENTATIVE EDDIE LUCIO III: And this has helped many underserved areas, like Cameron County --

REPRESENTATIVE LARRY PHILLIPS: That's correct.

REPRESENTATIVE EDDIE LUCIO III: -- places along the border, to be able to finally, after years of not having, in their opinion, a fair share of infrastructure dollars; to be to afford to grow their infrastructure. So they're a very fast growing population?

REPRESENTATIVE LARRY PHILLIPS: That's correct.

REPRESENTATIVE EDDIE LUCIO III: This is a great amendment. It is critically important to areas along the border to accommodate their growth. And I hope the members have listened to your clarification at this time, and I will support your amendment. Thank you, Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you very much. Members, I would move adoption, and I appreciate allowing -- I know that with the Trans-Texas Corridor, and I know that y'all are getting emails, and what we have to do is set apart and say what are we talking about here? And this is not a Trans-Texas Corridor, this is a design build authority. It is not a concession payment related to continuation of toll road. So we just don't want to get people confused here. Unfortunately, the way we have done it in the past is we've written the word comprehensive development agreement too broad. Thank you for your time. And I move adoption. It's acceptable to the author.

JOE STRAUS: Anyone wishing to speak for or against the Phillips amendment? If not, the question occurs on the adoption of the Phillips Amendment. All those in favor say aye. All those opposed -- Record vote has been requested. A record vote has been granted. The clerk will ring the bell. It's on the amendment. Showing Mr. Phillips voting aye. Showing Mr. Pickett voting aye. Show Mr. Branch voting aye. Have all voted? Have all members voted? Showing Mr. Eiland voting aye. Being 101 ayes, 36 nays; the amendment is adopted. We're going to page 6. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Harper-Brown.

JOE STRAUS: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , this is the amendment that we discussed about the Inspector General, and there's an amendment to the amendment.

JOE STRAUS: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Harper-Brown.

JOE STRAUS: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: This amendment changes the word shall to may. And it's acceptable to the author.

JOE STRAUS: Representative Harper-Brown 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 to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Davis of Dallas.

JOE STRAUS: Chair recognizes Representative Davis.

REPRESENTATIVE YVONNE DAVIS: Mr, speaker, members, this is the language that we're talking about with regard to the Inspector General that sub regarding appropriation. And it is acceptable to the author.

JOE STRAUS: Representative Davis sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. REPRESENTATIVE LINDA HARPER-BROWN: The amendment. Now we're back on the amendment as amended and it's acceptable to the author.

JOE STRAUS: Representative Harper-Brown sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. On page 23. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Harper-Brown.

JOE STRAUS: Chair recognize Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: All right. Members, this is the amendment on the newspaper notifications. There's an amendment to the amendment.

JOE STRAUS: The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Davis of Dallas.

JOE STRAUS: Chair recognizes Representative Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you. This is an amendment striking interests of persons and allowing us to have this process open, so that we're not limiting information to anyone. And it's acceptable to the author.

JOE STRAUS: Representative Davis sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment to the amendment is adopted. Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Members , this a -- now I move adoption -- The amendment as amendment is acceptable to the author.

JOE STRAUS: Representative Harper-Brown sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. We're on page 86. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Farrar.

JOE STRAUS: Chair recognizes Representative Walle.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. Again, this bill has a provision that allows the CFO of TexDOT to opt out of ERS and receive the state's contribution as part of their compensation passage. No other state employee has the option to opt out of ERS. Under the current bill, if the CDO opts out they essentially get a 6 percent salary increase. This amendment would prohibit the CFO from option out, and simply prohibits them from receiving the State's contribution to ERS. Move adoption.

JOE STRAUS: Chair recognizes Representative Harper-Brown in opposition. REPRESENTATIVE LINDA HARPER-BROWN: Members , this is a request that I think is something that you might all appreciate. What we are trying to do is to allow the executive director to be hired from the outside. And one of the concerns that TexDOT has, as we go through all these changes, and we want to make sure everything is changed within TexDOT, that we have someone that can oversee these changes. That if we stick with the plan as it is, they cannot pay them a salary high enough to bring in someone from the outside. If we leave it without -- What the language in the bill does is say, only for the executive director, can they go outside if the executive director wants to opt out of ERS. Then they can pay them a higher salary, which would allow them then to get a different quality of person, possibly, to come in and take this over. It is really to try to help us have a change agent, to have someone that can do this. And, again, it's only if the employee agrees to it, so that they can have a higher salary. So I'm going to move to table this amendment.

JOE STRAUS: Chair recognizes Representative Walle to close.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. Again, this is -- the CFO to be treated just like any other state employee. And the issue is that we want all the employees to be -- if they're state employees, to be treated equally; regardless of their pay grade. And, with that, I move against the motion to table.

JOE STRAUS: Mr. Walle sends up an amendment. Representative Harper-Brown moves to table. It's on the motion to table. Clerk will ring the bell. Showing Mr. Walle voting no. Showing Mr. Smith voting aye. Showing Mr. Pickett voting aye. Mrs. Harper-Brown voting aye. Showing Mr. Flynn voting aye. Have all voted? Have all voted? There being 102 ayes, 39 nays; motion to table prevails. Chair recognizes Representative Dutton for a motion.

REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker and members, this is -- I guess you could consider this a commercial to the rerun we have today. But I would like to move to suspend all necessary rules to take up and consider House Resolution 1656, which is a memorial resolution for Mr. Porter Renfro, the mother of a very dear friend of mine, Sylvester and Helen.

JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out the following resolution.

CLERK: HR1656 by Dutton.. In memory of Porter Renfro, Jr., of Houston.

JOE STRAUS: This is a memorial resolution. Members, please, take your seats. Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD V. DUTTON JR.: Than k you Mr. Speaker and members, I'm doing this in a hurry, members, because Mr. Renfro was killed in a fire that occurred in their home, and his wife is still sick. And he was a person of great character and community building in my district. And, with that, I would ask you to move passage of House Resolution 1656.

JOE STRAUS: Members, this is a memorial resolution. All those in favor please rise. The resolution is unanimously adopted.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker , I move that we add all members' names.

JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Smith for a motion.

REPRESENTATIVE WAYNE SMITH: Members, I request permission for the Committee on Environmental Regulation to meet while the House is in session, at 3:45 today, April 29th, 2011, in 3W.15; to consider House Bill 3251 and pending business.

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.

CLERK: The Committee on Environmental Regulation will meet at 3:45 p.m. today, April 29th, 2011, at 3W.15. This will be a formal meeting to consider HB3251 and pending business.

JOE STRAUS: Chair recognizes Representative Parker for a motion.

REPRESENTATIVE TAN PARKER: Thank you, Mr. Speaker. I move to suspend all necessary rules to take up and consider House Resolution Number 1508.

JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out the following resolution.

CLERK: HR1508 by Parker. Congratulating the boys' basketball team of Marcus High School in Flower Mound on winning the 2010/2011 UIL SA state championship and on being named the number 1 team in the country.

JOE STRAUS: Chair recognizes Representative Parker.

REPRESENTATIVE TAN PARKER: Move passage.

JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Smithee to reconsider the vote by which Floor Amendment 49.

REPRESENTATIVE JOHN T. SMITHEE: Mr. Speak er, members, if I could have your attention? I think this is something most of you would be interested in. A moment ago I had offered Amendment No. 49, which was adopted, to name a safety area -- one of our highway safety areas in honor of Speaker Laney and his wife Nelda. Mrs. McClendon asked me if we could reconsider that, she has an amendment she would like to do, to name a rest stop here in this part of the state in honor of our former colleague that we all love so much, Mr. Kuempel. And so -- And so I'm going to move to reconsider the vote by which the amendment was adopted, so that we can add that amendment that Mrs. McClendon is going to offer. So, Mr. Speaker, I would move to reconsider the vote by which Amendment 49 was adopted.

JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out the following amendment. Clerk will read the amendment.

CLERK: Amendment by Smithee.

JOE STRAUS: Chair recognizes Representative Smithee.

REPRESENTATIVE JOHN T. SMITHEE: There is an amendment to the amendment.

JOE STRAUS: Following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by McClendon.

JOE STRAUS: Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. This amendment to the amendment would name the -- would name the rest area on the eastbound and westbound part of Texas, located on Interstate 10 in Guadeloupe County, and designate it as the Edmond T. Kuempel rest area, as one on each side of the highway. The department would design and construct markers at each rest area described, and will -- it would indicate the designation of those rest areas as the Edmond T. Kuempel rest areas. And it would add any other pertinent information that would be important to designate and have Texans and visitors from around to world know.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker , would the lady yield?

REPRESENTATIVE JOE STRAUS: Ms. McClendon, do you yield?

REPRESENTATIVE RUTH JONES MCCLENDON: Abso lutely.

REPRESENTATIVE WARREN CHISUM: How are we going to get him to kiss anybody?

REPRESENTATIVE RUTH JONES MCCLENDON: I don't know.

REPRESENTATIVE WARREN CHISUM: What do we call it, Kiss-Lip Kuempel?

REPRESENTATIVE RUTH JONES MCCLENDON: TexD OT can do some miraculous things, and I think they can find out a way to do this. I move adoption.

REPRESENTATIVE JOE STRAUS: The amendment to the amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Back on the Smithee Amendment.

REPRESENTATIVE JOHN T. SMITHEE: Mr. Speak er, members, I move adoption of the amendment as amended.

JOE STRAUS: Mr. Smithee sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Members, we're on page 91. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you Mr. Speaker and members. And, you know, thanks for doing that for us. Amendment 91, members, is the one that we need to talk about comprehensive development agreement. Okay. Now, let's talk about this. This is a different type of comprehensive development agreement. This is the type of comprehensive development agreement that will allow concessions to be paid. So we want to make sure we get that cleared. This amendment will allow for those communities that have congested areas to effectuate congestion relief. And I'm going talk about these a little bit, and I have some amendments that we're going to work on through this process. And what this bill truly is, is several local bills put in one. And what we have is that projects around the state, that their local communities have been working on, and they came and they testified and they've asked us to allow them locally to deal with their congestion relief. And that's exactly what this amendment does. And I'm just trying to get through the talking point. As the amendment was initially drafted, there were about five different projects in there. They include the managed lane project. And, again, these are local projects that affect local Texans. And the original -- the amendment had a project for the IH-35 managed lane project in Dallas and Denton counties. This is something that they worked. And at the hearing we had the local leadership, their chambers, their county judges, their county commissioners in their city; they came and said we would like to see this project go forward as a CDA private-public partnership. The North Tarrant Express, which is in Tarrant County that has part of Tarrant and Dallas counties, they came to us and said they would like for this project to go forward as a private-public partnership. In -- Through the Irving areas, in Dallas county, State Highway 183's managed lanes project. And so you have the communities come testify for each of these projects. And let me tell you about these projects, like that 183; if anybody has been to DFW airport, and that's a main roadway for us to get to DFW airport on the Irving side. And what they're doing, they got land already purchased, donated from the community. And what they're doing is they are going to actually expand the number of free lanes by putting express lanes in the middle, like some of y'all know about in Harris County. So those that chose to use the express lanes will be paying for the financing, and paying off these through the use of their tolls. Why would someone do that? Because they want to get to their work quicker, they want to get through. That's just an example of how these work. There's also a project on State Highway 249 in Harris and Montgomery counties on this. There's also Loop 1, here in Austin, Texas which would be a Mopac extension. There are some projects in Cameron County, the Outer Parkway Project in South Texas, along with the South Padre Island second causeway. This would allow for traffic relief to get to the island there. And also the Hidalgo County Loop System Project. Then we also have in Harris County, Harris County, the Grand Parkway, State Highway 99 Grand Parkway. And so what we're doing -- And that obviously will eventually affect Harris, Galveston, Brazoria, Fort Bend, Montgomery, Liberty and Chambers counties. And, as you know, because of traffic congestion we have to come up with solutions in these region. That's what we've done. Now there are a few other members that wanted to include their projects, and so they're going to do that. And we also have a few members that want to put some limitations in these projects. And in our committee we worked on limitations and added limitations to make these better for Texas. I would go ahead and call up the amendment.

REPRESENTATIVE JOHN OTTO: Mr. Speaker?

JOE STRAUS: Mr. Otto, for what purpose?

REPRESENTATIVE JOHN OTTO: Will the gentleman yield for a question?

JOE STRAUS: Mr. Phillips, do you yield?

REPRESENTATIVE LARRY PHILLIPS: I will.

REPRESENTATIVE JOHN OTTO: Mr. Phillips, does the amendment, or the delineation of the Grand Parkway in Houston, does that include the entire project for the Grand Parkway and it does not include any specific segments?

REPRESENTATIVE LARRY PHILLIPS: That's correct. And, again, there are no -- And, again, what we did when we tried to put limitations, we have Sunset Provisions for all of these projects; except for the Grand Parkway. Each one of these is a little bit different, because of the way they have been drafted. They've already been drafted and --

REPRESENTATIVE JOHN OTTO: Okay. And I fully support what you're trying to do if the entire Grand Parkway is included.

REPRESENTATIVE LARRY PHILLIPS: Right. It is. And --

REPRESENTATIVE CAROL ALVARADO: Mr. Speaker ?

REPRESENTATIVE LARRY PHILLIPS: Yes?

REPRESENTATIVE CAROL ALVARADO: Will the gentleman yield?

REPRESENTATIVE LARRY PHILLIPS: Yes, I would.

JOE STRAUS: Gentleman yields.

REPRESENTATIVE CAROL ALVARADO: You, mentioned one project in Harris County, but there are some other projects as well; is that correct?

REPRESENTATIVE LARRY PHILLIPS: There are some others. Ones I just mentioned. Two -- I mean, let me pull that back up here. 249 in the Harris-Montgomery region. I think someone else has another amendment. These are only -- Again, these are the only ways we're going to fund these projects and build them.

REPRESENTATIVE CAROL ALVARADO: So this would help Harris County?

REPRESENTATIVE LARRY PHILLIPS: Yes, it would. It will help Harris County.

REPRESENTATIVE CAROL ALVARADO: Thank you.

REPRESENTATIVE LARRY PHILLIPS: And I believe so. We'll start to the amendment to the amendments. I think Mr. Pickett has an amendment.

JOE STRAUS: Amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Pickett.

JOE STRAUS: Chair recognizes Representative Pickett.

REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker. Members, first up, if you'll allow me, Mr. Phillips was talking about in the amendment as he filed, we put some additional safeguards in there for concerns that I had that other members have talked about for probably the last 18 months. I think that a lot of people are worried that the comprehensive development agreement will take all the other monies that are available for non-toll roads in the State of Texas. In the amendment, as it's filed, it now also has the fact that you have to have the environmental done, except for the major projects, within the year or after that we leave here. You have to have a financial plan. And what's important to me in securing that there's dollars for other projects is the sponsoring entity has to pay the developmental cost for their project. The amendment to the amendment I have also addresses some things and concerns that I have had over the last few years. And this will tighten up quite a bit, I believe. This will say that a private entity responding to a request for detailed proposals must identify the companies that will still keep project roles, including management, lead design, quality control, quality assurance; and that the entities will serve as key task leaders for geotechnical hydraulic hydrology. I know this is probably putting some of you to sleep, but this is real important. If I'm going out, and I'm going to the Texas Department of Transportation and say I want to be a CPA developer on this big, huge Grand Parkway project, and I get Ms. Thompson to bid, who tells me she'll do the geothermal for 2 million. I use that number. I get another person, Mrs. Kolkhorst, to come in and say that she will work on the hydrology for a million dollars. I collectively take those bids and I go and tell somebody what I can do this project for, a billion dollars. I get this negotiated and then I go back and I use these bids that I've already gotten and I get someone now to under cut those, because I've got somebody on paper that says I can do it for a million or 2 million; and I find somebody to do it for less than that. That's not what this is supposed to be about. This amendment would require these entities to stick with those persons and those bids that they got. And, real important, if you look on the second page of this amendment here, near the bottom, it says if the private entity makes team changes in violation of Subsection 1, any cost savings resulting from a change accrue to the state and not to the private entity. With that, I move adoption of the amendment to the amendment.

REPRESENTATIVE LARRY PHILLIPS: It's acceptable to the author.

REPRESENTATIVE JOE STRAUS: Mr. Pickett sends up an amendment to the amendment. The amendment to the amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Lucio.

JOE STRAUS: Chair recognizes Representative Lucio.

REPRESENTATIVE EDDIE LUCIO III: Thank you, Mr. Speaker. Members, specifically this allows the Cameron County RMA to enter into a CDA, which relates to improvement, specifically to State 550 and U.S. Highway 7783 to State Highway 48 in Cameron County. I think it's acceptable to the author.

JOE STRAUS: Representative Lucio sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Hamilton.

REPRESENTATIVE MIKE HAMILTON: Members, this is basically a major road that goes from Beaumont to Lumberton. It's the East Texas Freeway. And it would relieve about a two hour drive. And I think it's acceptable to the author.

JOE STRAUS: Mr. Hamilton sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Lavender.

REPRESENTATIVE GEORGE LAVENDER: Members, this is just a project in Buoy County that will allow us to do a project between the Sulfer River Bridge and Interstate 30. And I believe it's acceptable to the author.

REPRESENTATIVE LARRY PHILLIPS: It is.

JOE STRAUS: Mr. Lavender sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Fletcher.

JOE STRAUS: Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker , members, this is addressing the U.S. 290 Hemstead Managed Lane Project in Harris County from Interstate 610 out to State Highway 99. It's acceptable to the author.

JOE STRAUS: Mr. Fletcher sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Phillips.

JOE STRAUS: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: What this does is it adds another project in Austin, the

(inaudible) project from Springdale Road to Patton Avenue. It's something that has already passed by the Senate. I move adoption. It's obviously accepted by the author.

JOE STRAUS: Mr. Phillips sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Phillips.

JOE STRAUS: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you. This is an amendment to my amendment and this is actually one that relates to my county. I move adoption.

REPRESENTATIVE LOIS KOLKHORST: Mr. Speaker , would the gentleman yield?

REPRESENTATIVE LARRY PHILLIPS: I do.

REPRESENTATIVE LOIS KOLKHORST: Larry, I'm trying to keep up with how many we're adding. How many highways are we up to now?

REPRESENTATIVE LARRY PHILLIPS: I think -- I don't know the number. I think we've added four, maybe five.

REPRESENTATIVE LOIS KOLKHORST: Okay. Let's get a final count. One of the things I've noticed on this amendment is some have expiration dates, like Representative Fletcher added and had an expiration date of 2015. You had one here in Travis County that had an expiration date of --

REPRESENTATIVE LARRY PHILLIPS: They all have expiration dates. The only one that does not have a Sunset date is the Grand Parkway.

REPRESENTATIVE LOIS KOLKHORST: Okay. But I didn't see that. So maybe pop it up on the screen, the one that's currently there. I don't see an expiration date.

REPRESENTATIVE LARRY PHILLIPS: But it's in the --

REPRESENTATIVE LOIS KOLKHORST: It's in proceeding language? It's very confusing.

REPRESENTATIVE LARRY PHILLIPS: It's in the proceeding language.

REPRESENTATIVE LOIS KOLKHORST: It's adding lots and lots. We're adding, I think, all the highways in Texas.

REPRESENTATIVE LARRY PHILLIPS: No. Well, not actually. Well, Mrs. Kolkhorst --

REPRESENTATIVE LOIS KOLKHORST: We'll get a full count when you finish. Where do I find the expiration date?

REPRESENTATIVE LARRY PHILLIPS: There's only one. They all Sunset on August 31st, 2015.

REPRESENTATIVE LOIS KOLKHORST: They all do, even though some say that and some don't?

REPRESENTATIVE LARRY PHILLIPS: Yes, that is the intent. All of them, except for the Grand Parkway. And that's what Mr. Otto and I talked about earlier.

REPRESENTATIVE LOIS KOLKHORST: Okay. I heard y'all talking earlier, I just didn't see that. And I don't know how they're filtering in as --

REPRESENTATIVE LARRY PHILLIPS: That is exactly the intent of this author.

REPRESENTATIVE LOIS KOLKHORST: Okay. So we may need to add that as we --

REPRESENTATIVE LARRY PHILLIPS: It's actually there, and that's --

REPRESENTATIVE LOIS KOLKHORST: So I'll ask the question again. Mr. Phillips, do these, all of the amendments have Sunset dates?

REPRESENTATIVE LARRY PHILLIPS: Every project in here is going to have the Sunset of August 31st, 2015, except for the Grand Parkway.

REPRESENTATIVE LOIS KOLKHORST: Mr. Speaker ?

JOE STRAUS: Mrs. Kolkhorst, for what purpose?

REPRESENTATIVE LOIS KOLKHORST: May I have the remarks between Representative Phillip, Chairman Phillips and I be placed in the journal?

JOE STRAUS: Members, you heard the motion. Is there --

REPRESENTATIVE LARRY PHILLIPS: And, Mrs. Kolkhorst, even further than this; quite frankly, some of these projects may not meet the further requirements that we have here. And we have --

REPRESENTATIVE LOIS KOLKHORST: Okay. Let's --

REPRESENTATIVE LARRY PHILLIPS: We have specific requirements here, and if you want to go through those I think we have a few more to add. Quite frankly --

REPRESENTATIVE LOIS KOLKHORST: Why don't we go through them?

REPRESENTATIVE LARRY PHILLIPS: The environmental clearance has to be related by September 1st, 2012. We're talking about a year away.

REPRESENTATIVE LOIS KOLKHORST: I just didn't see it popping up on those amendments. Why don't you finish and we'll figure out what our count is?

REPRESENTATIVE LARRY PHILLIPS: Great.

JOE STRAUS: Representative Kolkhorst moves to reduce the comments between she and Chairman Phillips to writing and placed in the journal. Is there objection? Chair hears none. So ordered. Representative Phillips sends up an amendment to the amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Branch.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker. Members, this is acceptable to the author. Members, it's a public safety issue that's come up where we make sure people know when they go into areas where these projects are that they're told -- that they know that they can use tags from different projects, whether they're from Houston or Dallas or -- on the TexDOT system. I move adoption.

JOE STRAUS: Representative Branch 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 to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Davis of Dallas.

JOE STRAUS: Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker and members, this amendment deals with what I think is a policy issue. And this whole amendment, as I see it, we've kind of eroded the whole concept of why we are doing these kind of projects. While I think there's some value in it, and CDAs and all, I think we've probably gone way beyond where we need to be. But this amendment merely seeks to take out language that would allow projects to not be competitively bid. It would not allow us to have a department giving them exclusive rights to do something, without having any review. It just kind of puts back in place, there is a policy, so -- And so that's what this amendment does. It says the department can negotiate any matters. So we're basically trying to put some substance back into it.

JOE STRAUS: Representative Davis sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Weber.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Weber.

REPRESENTATIVE RANDY WEBER: Thank you, Mr. Speaker. Members, this is going to add the Highway 288 project in Brazoria and Harris County to the list. And I move adoption.

JOE STRAUS: Mr. Weber sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment to the amendment. The clerk will read the amendment.

CLERK: Amendment to the amendment by Laubenberg.

JOE STRAUS: Chair recognizes Representative Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: Members, this is good government, transparency and local control. This amendment would allow the North Texas Toll Authority to choose which type of transparency audit they would like to receive. They could undergo an audit by the state auditor, or they could go through Sunset, but not be abolished. And the cost would not be paid by the state, but by the local entity.

JOE STRAUS: Representative Laubenberg sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted.

REPRESENTATIVE LARRY PHILLIPS: Members, that concludes the amendments and I would move adoption.

REPRESENTATIVE LOIS KOLKHORST: Mr. Speaker ?

JOE STRAUS: Ms. Kolkhorst, for what purpose?

REPRESENTATIVE LOIS KOLKHORST: Would the gentleman yield?

JOE STRAUS: Mr. Phillips, would you yield?

REPRESENTATIVE LARRY PHILLIPS: Yes.

REPRESENTATIVE LOIS KOLKHORST: Chairman Phillips, so after all of that how, many highways did we add to --

REPRESENTATIVE LARRY PHILLIPS: Be careful when you say highways, because some of them are projects.

REPRESENTATIVE LOIS KOLKHORST: I'm sorry, projects.

REPRESENTATIVE LARRY PHILLIPS: Yeah. And, again, I want to make it real clear that I don't believe any of these projects were ever in the Texas Trans Corridor plans. These are congestion areas.

REPRESENTATIVE LOIS KOLKHORST: I understand. I'm just trying to give the body a feel of how many highways --

REPRESENTATIVE LARRY PHILLIPS: I think that we added -- And, again, maybe somebody will give me the county, but I think we had additional projects to those that were listed.

REPRESENTATIVE LOIS KOLKHORST: And how many did you have originally?

REPRESENTATIVE LARRY PHILLIPS: I had read through those. Let me open that back up. I think we had five in there, originally.

REPRESENTATIVE LOIS KOLKHORST: I just wanted to get a feel --

REPRESENTATIVE LARRY PHILLIPS: Let me pull those up. It just takes time. I think there were five of them, originally.

REPRESENTATIVE LOIS KOLKHORST: So those were -- if -- So the body can understand, we have -- these are CDAs, concession agreements, and I think in law they are 50-year agreements, am I correct? Or 55?

REPRESENTATIVE LARRY PHILLIPS: No, they can't be more than 52. They are whatever the local community -- They are whatever they come up with, they could be 10 years, 15 or 30.

REPRESENTATIVE LOIS KOLKHORST: Now were all of these done -- These all weren't done in RMA areas?

REPRESENTATIVE LARRY PHILLIPS: No. Yeah. Because Harris County doesn't have one.

REPRESENTATIVE LOIS KOLKHORST: Correct. There were some other areas that I think were just added that were not --

REPRESENTATIVE LARRY PHILLIPS: Right. Some of them -- Travis County, there was one there.

REPRESENTATIVE LOIS KOLKHORST: That's an RMA.

REPRESENTATIVE LARRY PHILLIPS: Right. And then Mr. Lucio behind you had one.

REPRESENTATIVE LOIS KOLKHORST: He had an RMA. So to get feel for this, so the extension we just gave for RMAs, for comprehensive development agreements that have no Sunset, which you say are non-concession agreements --

REPRESENTATIVE LARRY PHILLIPS: Right.

REPRESENTATIVE LOIS KOLKHORST: -- they are all designed bills -- do not come under these CDAs? These actually do have a Sunset date.

REPRESENTATIVE LARRY PHILLIPS: These all do have a Sunset.

REPRESENTATIVE LOIS KOLKHORST: Even if they're built in an RMA area?

REPRESENTATIVE LARRY PHILLIPS: Yes.

REPRESENTATIVE LOIS KOLKHORST: Because those are your defining elements of a developmental agreement, and in your previous amendment, correct?

REPRESENTATIVE LARRY PHILLIPS: No, it has nothing to do this previous amendment. It has had to do -- It says that you can't do this, these type of agreements, if you're in RMA. These specifically say you can do these projects. And that's who -- What we're doing, we don't want -- And you put on an amendment earlier that every one of these is going to have to be signed off by the Attorney General, signed off by the Comptroller, signed off by the Legislative Budget Board, and maybe someone else. I can't remember who else you did. And you put those restrictions. Those apply to all of these.

REPRESENTATIVE LOIS KOLKHORST: To keep the body from getting confused. That applies to these CDAs that we just --

REPRESENTATIVE LARRY PHILLIPS: Yes.

REPRESENTATIVE LOIS KOLKHORST: And so do I have your commitment that you'll keep the amendment that I put on for the safeguards to these CDAs?

REPRESENTATIVE LARRY PHILLIPS: Well, I have your commitment that we will try to do that, and we will talk about that. I think if the Comptroller says you know what, that's something that I don't want to do, and that's something that cost some things and I'm would have to do this; we think they're already doing it over in the Attorney General's Office, or better to LBB, I will talk to you about that. I just don't want to say -- because -- And that's something that -- I don't like the fact that we have to do these projects by project. And what I want to work on in the interim --

REPRESENTATIVE LOIS KOLKHORST: Chairman Phillips?

REPRESENTATIVE LARRY PHILLIPS: Well, hold on. Let me finish this. I want to find another way. I would like to find another way to do this. What we really want to know is make sure taxpayers are getting best values for the project. Representative LOIS KOLKHORST: And that's something I wanted to talk to you about, because I know that you struggled, I know Chairman Truitt has looked for solutions in her area, and what we kind gotten ourself into a corner of is we seemingly don't have enough revenue in Sunset to keep up with the growth in certain areas, correct?

REPRESENTATIVE LARRY PHILLIPS: Correct.

REPRESENTATIVE LOIS KOLKHORST: And so what we have decided as a body right now is that we are going to have comprehensive developmental agreements with private equity firms that allow them to contract for 50 years. And the one thing that --

REPRESENTATIVE LARRY PHILLIPS: Up to. Up to.

REPRESENTATIVE LOIS KOLKHORST: Up to. And what I'm always concerned about is if we would have built these highways ourselves as the State of Texas, and bonded them and told them we would have been a little more in control. And I'm afraid we're going pay much more under the CDA agreements. Now that's why we're backed into this corner. I didn't say that to this body. We really need to look and see how we're going to do this. HECTRA has the model that they build their own highways and any excess goes to building future highways in their areas. But I want --

REPRESENTATIVE LARRY PHILLIPS: And so does NNTA and so does the RMAs. And they take state contracts, they could take advantage of the opportunities on each project that they wanted to do, though.

REPRESENTATIVE LOIS KOLKHORST: Just a couple more questions. One, are the (inaudible) grants still available from DC --

REPRESENTATIVE LARRY PHILLIPS: I don't know. I don't know the extent of that. I don't know if they still --

REPRESENTATIVE LOIS KOLKHORST: One of my concerns is, Chairman Phillips, maybe you can help me with this. I know that in Section 130, that a private equity partner of ours for the State of Texas proposed to get -- or for the Trans-Texas Corridor, to get

(inaudible) grants, which is actually our money, our tax money, to use as kind of; if you will, and I'm going to simplify this, as down payments on the highways that they're building. And I don't like moving taxpayer money --

REPRESENTATIVE LARRY PHILLIPS: Were they loans or grants?

REPRESENTATIVE LOIS KOLKHORST: They were --

REPRESENTATIVE LARRY PHILLIPS: If it's a loan, that gets paid back.

REPRESENTATIVE LOIS KOLKHORST: I'm doing this off of memory. So here's my next question: You just put on a very omnibus kind o infrastructure bank, sib clarification, which I have been working with TexDOT in the back on understanding. But it gives a whole lot of authority of loaning an moving money around. Is it your intention --

REPRESENTATIVE LARRY PHILLIPS: If we fund that, and we haven't funded that.

REPRESENTATIVE LOIS KOLKHORST: That's true. But is it your intention that these CDAs could be funded, in part. By taxpayer dollars. But, in essence, we were trying to transfer risk and use someone else's money.

REPRESENTATIVE LARRY PHILLIPS: And that's why you do CDAs. Is you allow transfer of risk. And that's part of the thing --

REPRESENTATIVE LOIS KOLKHORST: And is it your intention that we don't use taxpayer dollars on these CDAs, we truly do --

JOE STRAUS: Representative Creighton raises a point of order --

REPRESENTATIVE LOIS KOLKHORST: -- move the risk. Thank you.

JOE STRAUS: Excuse Representative Bohac because of important business, on the motion of Representative Fred Brown. Is there objection? Chair hears none. So ordered.

UNIDENTIFIED MAN SPEAKER: Mr. Speaker, would the gentleman yield for a question?

JOE STRAUS: The gentleman's time has expired. Chair recognizes Representative Davis of Dallas to speak in opposition.

REPRESENTATIVE YVONNE DAVIS: Thank you Mr. Speaker and members, and Chairman Phillips, and all of the colleagues who've added amendments. I'm not opposed to recognizing that -- I'm not opposing or recognizing we need various tools to deal with -- a need for resources to build our transportation system map. I just think the way we've done this amendment is embarrassing, at best. I don't think we know what we've done to our state transportation system. I think it's a fragmented approach to how we deal with what our needs are for the state. I think we left the department with challenges in terms of blending all of this stuff, so that we will have comprehensive transportation across the State of Texas. And, at the end of the day, I think we ought to be more responsible in the approach that we take when we do these kind of legislative initiatives. I understand everybody has to go home and they need to say they brought bacon back to the home front. I would tell you, the bacon ought not to be to the extent that it harms what we need to do in terms of the whole pig. And, right now, it just looks pretty shabby, as I see it. I think we have differing procedures, when you can talk about projects that eliminate competitive bidding, when you can talk about projects that have different dates. One of the amendments we put on this bill probably has the effect of cutting off all of the CDAs that are on here, because they won't make timeline. I think that's what Chairman Pickett was trying to suggest in minimizing, what's actually out there. So what we've done, members, and I expect this amendment to pass; but I wanted to be on the record that this a poor way to do public policy. This is a poor way to look at our resources and what our needs are, and come up with a comprehensive way to address it. And, lastly, it's a poor way to have differing standards across the state. You can't tell the department that you want them to create a competitive bid process so that we can create fairness across the the state, and then take out major projects. You can't tell people that they do project in segments and give other projects the entire project. And then you can't take the discretion and give it to the department that you've already said the department doesn't perform very well. In this bill, we have a bill that says the department has exclusive judgment to determine the terms of CDAs. Well, if CDAs are good for this state then we, as a state, ought to figure what the terms should be in place for all of them so that it works. Lastly, we talked about whether or not the department can include and negotiate any matter. One of the issues before us now has to do with letting the department negotiate any matter, and the question is whether or not they had that authority. Members, I would suggest to you that while I expect that all of these amendments are going to be taken up, to deal with public policy; those members who put on their home CDAs, they will be there, but they won't have the ability to implement it. And so what we're doing is doing something that we consistently, on this floor, need to represent the honorable thing with regards to what they're doing. And so it saddens me that we would not be more serious about something that everyone says is so critical to the vibrancy of this state in transportation. And with that, members, I would ask that you at least consider, when you vote for this amendment, at least consider that what you're doing and what the long-term effect will be for this state. Because right now, and I don't know if Representative Kolkhorst phrased it this way, but I would just like to ask: Do we know how many roads we own in Texas now? Do we know how many roads we sold or auctioned off or rented out to be built? And while I'm not suggesting we shouldn't take private money and work within that framework, but I think there ought to be some conditions, and I think there ought to be some way that we monitor what we're doing; so that we're not at the urge of what somebody else wants to be done, and what's in the best interest for Texas. And I would suggest this broken approach is not the way to get there. And with that, members, I would ask that you really consider voting no and requiring, requesting, expecting and demanding more of the committee; as well as more of yourself. So that's what we're talking about. And with that, members, I say vote no on this amendment.

JOE STRAUS: Chair recognizes Representative Phillips to close.

REPRESENTATIVE LARRY PHILLIPS: Thank you. You have been very patient with us on this, and I want to close. I don't think it's shabby whenever local areas can say this is a project that we want. Our local leaders, our mayors, our county judges, our commissioners have come and said this is important to us. So I think it's okay that we're doing this. This is the right opportunity for congestion relief. I know there's a couple of questions for the record that I need to take, and I'd be glad to do that.

REPRESENTATIVE EDDIE LUCIO III: Mr. Speak er?

JOE STRAUS: Mr. Lucio, for what purpose?

REPRESENTATIVE EDDIE LUCIO III: Would the gentleman yield for a few questions?

JOE STRAUS: Mr. Phillips, do you yield?

REPRESENTATIVE LARRY PHILLIPS: Yes, I will.

REPRESENTATIVE EDDIE LUCIO III: Mr. Chair man, thank you. There's been some criticism about the number of projects that have been added as amendments, as well as ones that are included in your amendment. Is this a big mastermind of Larry Phillips', that he decided to reach across the state and reach across into south Texas and implement his own master plan?

REPRESENTATIVE LARRY PHILLIPS: No. These are local communities saying come and help us have the tools to take up our congestion relief.

REPRESENTATIVE EDDIE LUCIO III: I have probably had more conversations with you this session about Cameron County, about our county judge, our county commissioners, our RMA members; the entire delegation has come up here several times.

REPRESENTATIVE LARRY PHILLIPS: That's right.

REPRESENTATIVE EDDIE LUCIO III: But this is truthfully a statewide coalition of diverse members, bipartisan effort to say, you know what, since 1991 we have invested more dollars in transportation. We're making a policy decision to try to reach out to the private sectors to try to afford this infrastructure.

REPRESENTATIVE LARRY PHILLIPS: That's correct.

REPRESENTATIVE EDDIE LUCIO III: And we're giving them very few tools to do that, and this is one of them.

REPRESENTATIVE LARRY PHILLIPS: Yes.

REPRESENTATIVE EDDIE LUCIO III: And it is important that we continue to give them this tool, isn't it?

REPRESENTATIVE LARRY PHILLIPS: It is. And -- But -- At the same time, Mr. Lucio, we don't -- This is not how we need to build all of our projects in the state.

REPRESENTATIVE EDDIE LUCIO III: And I agree.

REPRESENTATIVE LARRY PHILLIPS: And we need to address that. That's why we have plans in diversion, which is something that we have a bill. And I'll hope you join us with those. Any of the diversions are going to be important. And we're going to have to make sure -- And, again, as we talk about build efficiently, and these -- part of the design, part of the bill will let us get best value. But then it will allow your community, Harris County, Travis County; if they want to use this tool --

REPRESENTATIVE EDDIE LUCIO III: They can?

REPRESENTATIVE LARRY PHILLIPS: Right. That's right.

REPRESENTATIVE EDDIE LUCIO III: I agree. It's not the best tool we have. But given the limitations we have currently, and the fact that we're not going appropriate any more dollars, we're not going to raise the gas tax; I support raising the gas tax, but we're not going to raise the gas tax this session --

REPRESENTATIVE LARRY PHILLIPS: Right.

REPRESENTATIVE EDDIE LUCIO III: -- we have to be mindful of limitations and allow our local communities -- Since I've been here, a war cry from many members in this legislature allow the local folks to do it, local control, local responsibility. The folks in this area, they know what they're doing, folks that sit on RMAs.

REPRESENTATIVE LARRY PHILLIPS: Well, they've worked very hard on their areas. They know what this means. It's the lifeblood of their communities. They know that it provides economic development and safety, so I agree with you.

REPRESENTATIVE EDDIE LUCIO III: Thank you. And I truly appreciate you building a coalition to do this. Thank you.

REPRESENTATIVE LARRY PHILLIPS: Thank you.

REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker ?

JOE STRAUS: Mr. Fletcher, for what purpose?

REPRESENTATIVE ALLEN FLETCHER: Would the gentleman yield for a couple of questions?

REPRESENTATIVE LARRY PHILLIPS: Yes, sir, I would.

REPRESENTATIVE ALLEN FLETCHER: Chairman Phillips, this bill does not call for the tolling of any existing roadways?

REPRESENTATIVE LARRY PHILLIPS: No. You cannot toll existing roadways under our current law.

REPRESENTATIVE ALLEN FLETCHER: This would just reduce the congestion in these heavily trafficked areas without taxes being on the citizens.

REPRESENTATIVE LARRY PHILLIPS: That's exactly right.

REPRESENTATIVE ALLEN FLETCHER: Thank you, Chairman.

REPRESENTATIVE LARRY PHILLIPS: Thank you very much. I move adoption.

JOE STRAUS: Representative Phillips sends up an amendment. This is on -- This vote is on his amendment. Adoption to the Phillips Amendment. Is there any objection to the Phillips Amendment? Any objection to the Phillips amendment? Record vote has been requested. Record vote is granted. Clerk will ring the bell. Showing Mr. Vo voting no. Showing Representative Alvarado voting aye. Representative Fred Brown voting aye. Showing Representative Patrick voting aye. Showing Representative Guillen voting aye. Showing Representative Solomons voting aye. Show showing Representative Truitt voting aye. Showing Representative Hopson voting aye. Representative Burnam voting aye. Representative Davis of Harris voting aye. Representative Pickett voting aye. Representative Harless voting aye. Showing Representative Vo voting aye. Showing Representative Flynn voting aye. Have all voted? Show Representative Pickett voting aye. Showing Representative Ritter voting aye. Showing Representative Menendez voting aye. Have all voted? There being 109 ayes, 27 nays; motion -- the amendment is adopted. Mr. Huberty?

REPRESENTATIVE DAN HUBERTY: Can we please have the comments between Mr. Phillips and Mr. Fletcher be reduced to writing and placed in the journal?

JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Lucio.

JOE STRAUS: Chair recognizes Representative Lucio.

REPRESENTATIVE EDDIE LUCIO III: Thank you, Mr. Speaker. Members, this is something that has been discussed many times since I've been here, but I think it's important because I didn't see anywhere where we were going to discuss it this session. I just want to make a few points. First, I understand, and I'm going to end up pulling this amendment down for a few reasons. One, I don't have an accompanying HCR. Two, it's not germane to this bill, even though I wish it was. But it's important that we discuss it. At least make a few points. Since 1991, when we set the gas tax at 20 cents per gallon we have not revisited this issue. It's a tough issue to take. I respect that. But we have currently an infrastructure problem in our state where our current fund is not even enough, at least what we contribute to it from state gas tax purposes, to sustain the maintenance alone of our existing infrastructure. Not even taking into account to what we need to continue to build. What a 5-cent gas tax increase would do is one, bring $750 million per year into the State Highway Fund. It would also bring an additional 200 million per year into state education. It would only cost, for the average tank of gas, which is 15 to 18 gallons, depending on the vehicle, 90 cents every time you fill up to do that. There's no such thing as free roads. That's something we've always discussed. There's no such thing as free roads. And we currently diagnose the problem in this body, especially when it comes to dollars, we currently diagnose the problem. And people will tell you CDAs are bad and all the other things that we try to do that are innovative are bad, but they won't tell us what is good and what we can do. So we diagnose the problem, but we never offer fixes to that problem or solutions to that problem. So let me say this: This session might not be the session that we have the political will to pass the gas tax and I appreciate that. I am for an increase in the gas tax because we have a very stressed tax system when it comes to affording our infrastructure needs. So I will respectfully pull down this amendment, but I think its disingenuous that we don't discuss it. I have been told respectfully. But I ask that we truly do some work this interim to determine what we can do to solve this problem. Thank you.

JOE STRAUS: The amendment is respectfully withdrawn. Is there anyone wishing to speak on, for, or against House Bill 2675? Chair recognizes Representative -- Chair recognizes Representative Gonzalez for a recognition.

REPRESENTATIVE NAOMI GONZALEZ: Thank you, Mr. Speaker. Members, with us in the gallery today we have two guests from Costa Rica. Dr. Jiminez-Castro and Dr. Marcello (inaudible), who are here studying imaging with MRIs. And I would like to welcome you to the Texas House of Representatives. Thank you.

JOE STRAUS: Representative Alonzo moves that the remarks between Representative Davis, on the Phillips amendment, be reduced to writing and placed in the journal. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Pickett to speak for the bill.

REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker. Members, I'll be brief. On these Sunset bills that is we have, members, we focus so much on the amendments we forget about the bill itself. Would you take a little time after today and take a look what is in your basic Sunset Bill? We did try to go with what was recommended, not only by Sunset, by you and by the people of the State of Texas. We have changed the programs in there. We are making it easier for the public to follow what TexDOT does. We don't have all these different plans anymore, we have got it down to one short-term plan, a state-wide short-term plan and a long-term plan. We're trying to make it easy. The website where all this information is -- I just want to thank you for all your time and effort. And, again, after today if you'll just take a look at the basic bill itself and see if it's something that you can take back your communities and say we did make a change. There are some good things in here for my constituents. And I want to thank you Linda Harper-Brown, Chairman Phillips and everybody that has worked on the bill. Thank you, members.

JOE STRAUS: Chair recognizes Representative Harper-Brown to close. REPRESENTATIVE LINDA HARPER-BROWN: Members , I move passage.

JOE STRAUS: The question occurs on passage to engrossment of Senate Bill 1420. All those in favor say aye, all those opposed nay. The ayes have it. Senate Bill 1420 is passed to engrossment. Representative Harper-Brown moves to lay House Bill 2675 on the table subject to call. Is there objection? Chair hears none. So ordered. Mr. Smith of Harris? Chair recognizes Representative Smith.

REPRESENTATIVE WAYNE SMITH: Members, I move that we suspend the following rule: The five day posting rule, so that County Affairs can meet on Monday morning at 8:30, on May the 2nd, 2011, in E2.026, to consider House Bill 330, Senate Bill 310, Senate Bill 470, Senate Bill 801, Senate Bill 860, Senate Bill 1233 and Senate Bill 1243. Move passage.

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

CLERK: The Committee on County Affairs will meet at 8:30 a.m. on May the 2nd, 2011, at E2.026 to consider HB330, SB310, SB470, SB801, SB860, SB1233 and SB1243.

JOE STRAUS: Chair recognizes Representative Isaac for announcement.

REPRESENTATIVE JASON ISAAC: Thank you, Mr. Speaker. Members, I just want to announce that today is our colleague, Rodney Anderson's, birthday. And there is a beautiful chocolate cake in the members' Lounge that apparently has more calories than he's allowed to have in a day, so we need your help. Thank you very much. Happy birthday, Rodney.

JOE STRAUS: Members, the Clerk's Office will be open on Sunday, between 8:30 and 10:30 a.m. And, again, that evening, Sunday evening, 6:30 to 10:00 p.m. Members, please remember there are Sunset Bills that are set for Monday and your amendments need to be refiled. Members, are there any other announcements? Any other announcements? If not, Representative Otto moves that the House stands adjourned pending the reading and referral of Bills and Resolutions until 10:00 a.m. on Monday, May the 2nd. The House stands adjourned. Following bills on first reading and referrals: HB3860 by Oliveira. Relating to the creation of the Port Isabel Improvement District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB3861 by Craddick. Relating to the creation of the Midland County Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB3862 by Smith of Harris. Relating to temporary directors and the continuation in existence of the Harris County Municipal Utility District No. 510. SB16 by Patrick. Relating to informed consent to an abortion. SB218 by nelson. Relating to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems. SB360 by Fraser. Relating to the composition and use of money in the rural water assistance fund. SB373 by Duncan. Relating to the office of county treasurer. SB529 by Huffman. Relating to the regulation of motor vehicle dealers, manufacturers, distributors, and representatives. SB604 by Rodriguez. Relating to the execution of lawful process by county jailers. SB627 by Davis.. Relating to the participation by certain taxing units in tax increment financing and the payment of tax increments into the tax increment fund for a reinvestment zone. SB631 Hinojosa. Relating to statutory references to the common electronic infrastructure project formerly known as TexasOnline. SB632 by Hinojosa.. Relating to the application of the Information Resources Management Act to public junior colleges and public junior college districts. SB736 by Hinojosa. Relating to membership and duties of local school health advisory councils. SB779 by Whitmire.. Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty; providing a criminal penalty. SB878 by Whitmire. Relating to a defendant's release on a personal bond or bail bond. SB879 by Whitmire. Relating to a local community supervision and corrections department monitoring certain conditions of bond and the administrative fees associated with certain department services. SB880 by Whitmire.. Relating to the operation of pretrial intervention and certain other programs by a community supervision and corrections department. SB933 by Ellis.. Relating to the electronic submission of certain documents to the attorney general and the submission of certain documents by the attorney general; imposing certain fees. SB714 by Patrick. Relating to the exemption of certain property from municipal drainage service charges and from related ordinances, resolutions, and rules. SB945 by Patrick.. Relating to authorizing a public junior college to award an associate degree to a student enrolled in a four-year public institution of higher education who previously attended the junior college. SB953 by Whitmire.. Relating to the conditions for granting an occupational license to certain persons, the monitoring of those persons by a local community supervision and corrections department, and the fees associated with department services. SB957 by Birdwell. Relating to the clarification of terminology relating to the Waco Center for Youth. SB959 by Wentworth. Relating to toll collection and enforcement. SB966 by Uresti.. Relating to high school diplomas for certain military veterans. SB987 by Hagar.. Relating to the term of office and qualifications for a director of the Colorado County Groundwater Conservation District. SB997 by Shapiro. Relating to the public inspection of an application for a ballot to be voted early by mail. SB1002 by Van de Putte. Relating to the designation of program costs for providing bill payment assistance to certain military veterans as a necessary operating expense that is a first lien against revenue of certain electric and gas utilities' revenue securing certain public securities or obligations. SB1003 by Fraser. Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act. SB1005 by Van de Putte. Relating to fair treatment of all providers of instructional materials to students enrolled at public institutions of higher education. SB1010 by Huffman. Relating to providing a victim, guardian of a victim, or close relative of a deceased victim with notice of a plea bargain agreement in certain criminal cases. SB1025 by Harris. Relating to service of citation and appointment of an attorney ad litem for an indigent parent in certain suits affecting the parent-child relationship. SB1034 by Watson. Relating to the authority of certain political subdivisions to change the date of their general elections. SB1035 by Williams. Relating to motor vehicle title services; providing penalties. SB1044 by Watson. Relating to authorizing counties to finance the acquisition of conservation easements. SB1046 by Duncan. Relating to information regarding deceased registered voters SB1047 by Jackson. Relating to the eligibility of an innovation and commercialization organization associated with the Lyndon B. Johnson Space Center to receive funding from the Texas emerging technology fund SB1055 by Carona. Relating to reports concerning and the reporting of the use of certain funds by community supervision and corrections departments and to the preparation of commitment reduction plans by those departments SB1058 by Nichols. Relating to the transfer of certain state property from the Department of Aging and Disability Services to the Angelina and Neches River Authority. SB1069 by Jackson.. Relating to the Texas emerging technology fund reporting requirement SB1094 by Rodriguez. Relating to the availability of online testing for high school equivalency examinations. SB1098 by Huffman.. Relating to certain offenses involving unauthorized recordings. SB1103 by Carona.. Relating to the venue for prosecution of certain theft offenses. SB1116 by Hinojosa. Relating to the enforcement and punishment of certain prohibited conduct that occurs on a public school campus or on a vehicle owned by a county or school district. SB1130 by Hagar.. Relating to the exception from required public disclosure of certain records of an appraisal district. SB1172 by Hagar. Relating to automated sales and use tax remittances by retailers. SB1133 by Hagar. Relating to a report by the Public Utility Commission of Texas on the ability of electric generators to respond to abnormal weather conditions SB1154 by Uresti. Relating to a task force for the development of a strategy to reduce child abuse and neglect and improve child welfare. SB1159 by Wentworth.. Relating to an exception to the residency requirements for filing a suit for dissolution of a marriage in this state for certain spouses of military personnel. SB1177 by Nelson. Relating to the adoption by health care facilities of a policy on vaccine preventable diseases; imposing penalties. SB1178 by Nelson. Relating to the regulation of certain shelter day-care facilities, child-care facilities, and individuals providing child-care services, and access to certain criminal history record information; providing an administrative penalty. SB1185 by Nichols. Relating to the authority of certain counties to impose a hotel occupancy tax for the operation and maintenance of a fairground in the county. SB1216 by Estes. Relating to determination of the validity and enforceability of a contract containing an arbitration agreement in suits for dissolution of marriage and certain suits affecting the parent-child relationship SB1219 by Carona. Relating to the Internet website operated by the Public Utility Commission of Texas to provide information regarding a customer's power to choose retail electric providers. SB1225 by Hagar. Relating to the dis-annexation of land in Caldwell County by the Gonzales County Underground Water Conservation District or the Plum Creek Conservation District. SB1228 by Hagar. Relating to the duties of district clerks regarding certain electronic filing systems. SB1236 by West. Relating to the reduction and confirmation of child support arrearages and an incentive program to encourage payment of arrearages. SB1240 by West. Relating to a tenant's remedies regarding a local government's revocation of a certificate of occupancy due to a landlord's failure to maintain the premises. SB1248 by Lucio. Relating to the designation of a portion of State Highway 499 as the Colonel Bill Card Boulevard. SB1257 by Hagar. Relating to the annexation by certain conservation and reclamation districts of noncontiguous land in another county. SB1267 by Uresti. Relating to applications for appeal filed with an appellate court. SB1273 by Williams. Relating to the lawful manufacture, distribution, and possession of and prescriptions for controlled substances under the Texas Controlled Substances Act. SB1290 by Hagar. Relating to the creation of the Calhoun County Groundwater Conservation District; providing authority to issue bonds. SB1291 by Hagar. Relating to the budget of certain divisions of the Texas Department of Insurance. SB1292 by Hagar. Relating to the issuance of a driver's license to a peace officer that includes an alternative to the officer's residence address. SB1293 by Hagar. Relating to the amounts of administrative, civil, and criminal penalties for violations relating to certain pipelines. SB1295 by Hagar. Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. SB1302 by Deuell. Relating to the offense of paying or receiving certain forms of compensation for assisting voters who vote early by mail; providing criminal penalties. SB1304 by Rodriguez. Relating to requiring financial disclosure concerning reports prepared by public institutions of higher education for other entities. SB1307 by Wentworth. Relating to an exemption from the payment of a toll for unmarked military vehicles conducting or training for emergency operations. SB1240 by West. Relating to a tenant's remedies regarding a local government's revocation of a certificate of occupancy due to a landlord's failure to maintain the premises. SB1319 by Lucio. Relating to certain loans secured by a lien on residential real property and to other transactions involving residential real property; providing civil penalties. SB1320 by Lucio. Relating to the execution of deeds conveying residential real estate in connection with certain transactions involving residential real estate. SB1322 by Fraser. Relating to the operation of the Kimble County, McCulloch County, Mason County, and Menard County Juvenile Boards. SB1325 by Watson. Relating to the administration of the Texas Save and Match Program to assist qualifying beneficiaries under the state's prepaid tuition unit program and college savings plans and to the treatment of a beneficiary's assets under a prepaid tuition program or a college savings plan in determining eligibility for student financial assistance and other assistance programs. SB1371 by Watson. Relating to the regulation of the towing, booting, and storage of vehicles. SB1342 by Seliger. Relating to the use of bingo proceeds by licensed authorized organizations, including the use of proceeds to provide health insurance or health insurance benefits to certain employees. SB1349 by Van de Putte. Relating to a requirement that a person hold a license issued by the appropriate state agency to be employed as a marriage and family therapist by a school district. SB1361 by Estes. Relating to the audit report exemption for certain general and special law districts. SB1368 by West. Relating to the authority of a co-owner of residential property to encumber the property. SB1385 by Lucio. Relating to the authority of the chief appraiser of an appraisal district or the collector for a taxing unit to waive penalties for failing to file certain documents. SB1393 by Seliger. Relating to the use of contracts by local governments to purchase electricity. SB1410 by Duncan. Relating to reporting student enrollment in tech-prep programs and evaluating tech-prep consortia. SB1413 by Hegar. Relating to the authority of certain counties to impose a county hotel occupancy tax and to the rate of the tax. SB1431 by Carona. Relating to the functions of insurance holding company systems. SB1434 by Carona. Relating to certain low-income weatherization programs. SB1462 by Lucio. Relating to the enforcement of subdivision platting requirements in certain counties near the international border of this state. SB1477 by Hegar. Relating to differential pay and benefits for certain officers and employees of emergency services districts who are members of the armed forces. SB1418 by Hegar. Relating to filling certain vacancies on the governing body of certain home-rule municipalities. SB1480 by Hegar. Relating to the regulation of exotic aquatic species by the Parks and Wildlife Department; providing penalties. SB1484 by Shapiro. Relating to authorizing open-enrollment charter schools to be awarded academic distinction designations. SB1494 by Uresti. Relating to reporting to the Texas Judicial Council the election or appointment of certain municipal officers. SB1504 by Seliger. Relating to the disposal of low-level radioactive waste at the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility. SB1545 by Patrick. Relating to the liability of a volunteer health care practitioner who conducts a physical examination or medical screening of a student athlete. SB1578 by Williams. Relating to the addition of a county to a freight rail district. SB1596 by Wentworth. Relating to changes in participation in public utility agencies. SB1600 by Whitmire. Relating to the registration of peace officers as private security officers. SB1605 by Seliger. Relating to the Texas Low-Level Radioactive Waste Disposal Compact Commission. SB1612 by Ogden. Relating to the monitoring, oversight, and funding of certain public retirement systems. SB1613 by Ogden. Relating to the application of the public meetings and public information laws to public power utilities. SB1617 by Harris. Relating to the discretionary transfer from a juvenile court to a criminal court of certain alleged offenses arising out of a single criminal transaction. SB1618 by Seliger. Relating to the discretionary transfer from a juvenile court to a criminal court of certain alleged offenses arising out of a single criminal transaction. SB1638 by Davis. Relating to the exception of certain personal information from required disclosure under the public information law. SB1650 by Watson. Relating to certain comprehensive development agreements of regional mobility authorities. SB1655 by Watson. Relating to transparency and propagation of information regarding personal automobile and residential property insurance rates, policies, and complaints. SB1660 by Lucio. Relating to certain unclaimed property of veterans and veterans' families. SB1661 by Duncan. Relating to the regulation of health organizations certified by the Texas Medical Board; imposing an administrative penalty. SB1668 by Duncan. Relating to purchase of service credit in the Teacher Retirement System of Texas. SB1669 by Duncan. Relating to the resumption of service by retirees under the Teacher Retirement System of Texas. SB1692 by Lucio. Relating to municipal and county budgets on the Internet. SB1701 by Williams. Relating to a criminal asset forfeiture hearing in which substitute assets are forfeited under certain circumstances. SB1702 by Williams. Relating to the establishment of a task force to enhance the prosecution and tracking of money laundering in this state. SB1706 by Lucio. Relating to certain comprehensive development agreements of regional mobility authorities. SB1707 by Lucio. Relating to certain comprehensive development agreements of regional mobility authorities. SB1708 by Lucio. Relating to certain comprehensive development agreements of regional mobility authorities. SB1709 by Lucio. Relating to certain comprehensive development agreements of regional mobility authorities. SB1710 by Lucio. Relating to certain comprehensive development agreements of regional mobility authorities. SB1711 by Lucio. Relating to certain comprehensive development agreements of regional mobility authorities. SB1714 by Duncan. Relating to certain actions against an employer by an employee who is not covered by workers' compensation insurance. SB1719 by Williams. Relating to certain comprehensive development agreements of the Texas Department of Transportation. SB1733 by Van de Putte. Relating to the occupational licensing of spouses of members of the military. SB1734 by Van de Putte. Relating to tuition and fee exemptions at public institutions of higher education for certain Texas military veterans. SB1736 by Van de Putte. Relating to the establishment of the College Credit for Heroes program. SB1739 by Davis. Relating to the use of the fund for veterans' assistance. SB1766 by Rodriguez. Relating to the Texas Code of Military Justice. SB1810 by Carona. Relating to the exemption of certain retirement accounts from access by creditors. SB1831 by Wentworth. Relating to the designation of the El Camino Real de los Tejas National Historic Trail as a historic highway. SB1885 by Watson. Relating to certain comprehensive development agreements of regional mobility authorities. SB1887 by Harris. Relating to the appointment of bailiffs in certain county criminal courts of Tarrant County. SCR2 by Uresti. Urging Congress to reauthorize the Water Resources Development Act of 2007, Section 5056, and to appropriate sufficient funds so that efforts to solve the salt problem in the Amistad International Reservoir can continue. SCR11 by Hegar. Designating May 22 of each year from 2011 through 2020 as William Elmo Merrem Day in honor of the first Eagle Scout from Texas. SCR16 by Nelson. Designating the month of March each year from 2011 through 2020 as Women Veterans Month in tribute to the immeasurable contributions that women in the military have made to this nation. SCR18 by Hegar. Designating a portion of the city of Gonzales as the official Texas History Museum District.

REPRESENTATIVE VAN TAYLOR: Members, the House is adjourned until 10:00 a.m. Monday morning.