House Transcript, April 6, 2011

THE SPEAKER: House comes to order. Members please register. Have all registered? House has a quorum. The house and gallery, please, rise for the invocation. Chair recognizes Representative Perry to introduce the pastor of the day.

REPRESENTATIVE PERRY: Mr. Speaker, members. It is my privilege to introduce my pastor from Lubbock, Texas, Dr. David Wilson. He received seminary degree in 1989 from New Orleans. He's ambassador for soul and Christ and he's serious about that -- I love him to death. He's an avid hunter and fisherman that makes it all the much better. I'd like you to welcome Dr. David Wilson.

PASTOR DAVID WILSON: Its an honor and privilege to be here today, thank you for granting me that privilege. Would you join me as we pray. Heavenly father we're so greatful for your many blessings. We acknowledge your holinesses and your righteousness and we thank you for your grace and mercy that falls on us. We thank you for the life itself and for the health that we need to fulfill our responsibilities. We're mindful of your position and your personal presence in our lives. Thank you for the ability to be involved in useful work and for the honor of bearing responsibility. You said in your holy word that you have established governing authorities to promote peace and order and justice. And, Lord, we have allowed these men and women in this room to bear the responsibility of making policies, establishing laws, and regulation. We ask you to give them your wisdom and understanding to deal with the interests, the pressing issues of the day. We ask that you give them courage to do what is right, to do what is moral, and in keeping with your intent for our lives. Guide them clearly amid the conflicting interests and the issues that face us each day. With your sovereign and righteous hand direct the decisions that will made by these men and women that represent so many. Give them a strong desire to make the right decisions and trust in your wisdom. Help them to work together even when there is honest disagreement. Please let them sense your presence and give them personal peace. We lift up this agenda before this chamber today, please give each member an assurance of what would please you and what would benefit those who live and work in this great state. And it's in the name of the one who is the way, the truth, and the life, the name of the Jesus we pray. Amen.

THE SPEAKER: Chair recognizes Deshotel to lead us in the pledge.

REPRESENTATIVE DESHOTEL: Follow me in the pledge allegiance to the flag.

(pledge)

THE SPEAKER: Excuse Representative Landtroop on important business on the motion of Representative Perry. Excuse Representative Driver because of important business on the motion of Representative Branch. Is there objection? Chair hears none. So ordered. Representative Deshotel moves to suspend the reading and referral of bills until the end of today's business. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Naishtat to introduce the doctor of the day.

REPRESENTATIVE NAISHTAT: Today is the Texas sports and family medicine and Dr. Mark *Chasesay, he is board certified with the American Board of Family Medicine, a member of the Texas Academy of Family Physicians, the American Academy of Family physicians, past chair of the Texas Medical Association Young Physicians Society and past president of the Travis County Medical Society and in November, he will be the chief medical officer for the upcoming 2011 Power Pan American games in Guadalajara, Mexico. Let us welcome the good doctor.

THE SPEAKER: Representative Hardcastle for what purpose?

REP. HARDCASTLE: Mr. Speaker, I have a messenger from the Senate at the door of the House and there is not a single blew back in his hand.

THE SPEAKER: Thank you we noticed that.

UNIDENTIFIED SPEAKER: Thank you Mr. Speaker. I'm directed by the senate to inform the house that the Senate has taken the following action. The Senate has passed the following measures SB7.

THE SPEAKER: A memorial resolution for a fallen member of the United States Armed Forces. Please, take your seats at this time. Chair recognizes Representative Aliseda.

REPRESENTATIVE ALISEDA: Mr. Speaker, members, if you'll recall last week brought you a memorial resolution for an American hero from my any district. It is sad but I have a proud heart that I bring you a memorial resolution for another son of my district, Texas and America who did not come back alive. Please listen to this true American hero story. I move to suspend all necessary rules to take up and consider House Concurrent Resolution 128 honoring Sergeant Jose loose signs the third.

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

THE CLERK: HCR128 by Aliseda. WHEREAS, Words cannot adequately express the sorrow felt at the loss of U.S. Marine Corps Sergeant Jose Luis Saenz III of Pleasanton, who died in Afghanistan on August 9, 2010, at the age of 30; and WHEREAS, Assigned to 1st Battalion, 11th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force out of Camp Pendleton, California, Sergeant Saenz was killed in Helmand Province by an explosive device while on patrol; and WHEREAS, Born in San Antonio in 1980 to Leonor Mata Saenz and Jose Luis Saenz, Jr., Joey Saenz grew up in Pleasanton, where he was a member of the varsity football team and the band at Pleasanton High School; after graduating in 1999, he worked as a mechanic at Walmart, where he met his future wife, Christy; he was a member of St. Matthew's Catholic Church in Jourdanton; and WHEREAS, Mr. Saenz joined the Marine Corps in 2003 and received his basic training in San Diego; after completing automotive mechanics training at Camp Lejeune in North Carolina, he was stationed with the 9th Engineer Support Battalion in Okinawa, Japan; in 2005, he was assigned to Marine Corps Combat Service Support Schools at Camp Johnson, North Carolina, where he worked as a motor transport mechanic and performed HAZMAT duties and funeral details; he was assigned the 1st Battalion, 11th Marine Regiment in 2007; and WHEREAS, The following year, he deployed with India Battery and participated in various exercises in the Persian Gulf with the 15th Marine Expeditionary Unit aboard USS Peleliu; he deployed to Afghanistan in support of Operation Enduring Freedom in May 2010, and at the time of his death he was conducting daily operations as a squad leader; and WHEREAS, In recognition of his sacrifice, Sergeant Saenz was posthumously awarded the Purple Heart and the Navy and Marine Corps Commendation Medal with the Combat Distinguishing Device; he had also earned the Navy and Marine Corps Achievement Medal with two gold stars, the Combat Action Ribbon, the Marine Corps Good Conduct Medal, the National Defense Service Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Sea Service Deployment Ribbon; moreover, the members of his regiment in Afghanistan named their artillery position Firebase Saenz in his honor; and WHEREAS, Our state and nation are fortunate to have men and women whose love of country inspires them to serve, yet the tragic death of this brave man is a sobering reminder of the cost of war; Sergeant Jose Saenz embodied the highest ideals of the U.S. armed forces, and those who knew him and loved him will forever carry him close in their hearts; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby pay tribute to the life of U.S. Marine Corps Sergeant Jose Luis Saenz III and extend sincere sympathy to the members of his family: to his wife, Christy Heritage-Saenz; to his son, Jose Luis Saenz IV; to his parents, Leonor Mata Saenz and Jose Luis Saenz, Jr.; to his sisters, Bettina Saenz-Salas and her husband, Alex, Melissa Saenz and Shad Crow, and Patricia Saenz and Luis Ramos III; to his grandparents, Jose Luis Saenz, Sr., Evangelina Saenz, and Celia P. Mata; to his nieces and nephews, Brianna Salas, Ignacio Salas, Luis Ramos IV, and Leigh Ramos; to his in-laws, Paula Heritage, Elogio Heritage, Lisa McLin and her husband, Matthew, Sandra Callejas and her husband, Jeffrey, and Elogio Heritage, Jr., and his wife, Ruby; and to his other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Jose Luis Saenz III.

THE SPEAKER: Chair recognizes Representative Aliseda.

UNIDENTIFIED SPEAKER: Ms. Speaker, members, it's my pleasure to welcome the family of Jose Luiz Saenz, III to the Capitol today, his wife, Christy, his son Jose Luiz Saenz IV, and his parents, Leonor and Jose Luiz Saenz, Jr. Luiz gave his life to our country at the age of 30 in Afghanistan serving in the Marines. He graduated from Pleasanton High School where he played football, Sergeant Saenz joined the Marines in 2003, he served two tours in Iraq and one in Afghanistan. I thank the Saenz for coming to Austin today and extend to them our most sincere sympathies. I also want to welcome his colleagues, Chief Warrant Officer Adam Finnis and Sergeant Craig McLaughlin. Mr. Speaker, I move for passage.

THE SPEAKER: Members this a memorial resolution. All in favor, please, rise. The resolution is unanimously adopted. Representative Sheets moves to add all members' names -- or all member's names to the resolution. Is there objection? Chair hears none, so ordered. Chair recognizes Representative Aycock.

REPRESENTATIVE AYCOCK: Thank you Madam Speaker, I move to suspend all necessary rules to take up and consider HR 1033.

THE SPEAKER: Members you heard the motion. Is there any objection? There is none. So ordered. Chairs lays out following the resolution. Clerk will read the resolution.

THE CLERK: HR 1033 by Aycock. Recognizing April 6, 2011, as Burnet County Day at the State Capitol.

THE SPEAKER: Chair recognizes representative Aycock.

REPRESENTATIVE AYCOCK: Members, thank you for helping me welcome the Burnet County delegation. They're up here in the corner to my left, waiving at us. Help me welcome them. With them is Donna Klaeger the county Judge; Ronny Hibler, county commissioner, my director for Burnet County, Dorothy James; and a lady named Julie Emerson who has helped put this together. Members, when you are in this building, you touch the granite stones that came from Burnet County. We're very proud of this building as we all are. Thank you for coming Burnet County.

THE SPEAKER: Members your heard the motion. Are there any objections? Chair -- chair hears none. So ordered. Chairs recognizes Representative Martinez for a motion.

REPRESENTATIVE MARTINEZ: Thank you Mr. Speaker, members. I move to suspend all necessary rules to take up and consider HR 1190.

THE SPEAKER: Members, you've heard the motion. Are there any objections? Hearing none. So ordered. The chairs lays out the following resolution. The resolution will be read by the clerk.

THE CLERK: HR 1190 by Martinez. Welcoming Leadership Mid Valley to the State Capitol.

THE SPEAKER: Chair recognizes Representative Martinez.

REPRESENTATIVE MARTINEZ: Thank you Mr. Speaker, members. I of move adoption.

THE SPEAKER: Members, you've heard the motion. Are there any objections? Hearing none. So ordered. The chair recognizes representative Martinez for a recognition.

REPRESENTATIVE MARTINEZ: Thank you Mr. Speaker, members. Today we have a wonderful group from the mid valley today. Leadership mid valley, from the Weslaco and mid valley area. If y'all could, please, stand up on the northeast side of the gallery. Thank you all very much for joining us here today. What a wonderful group. And members let's welcome them to their Capitol. Thank you and God bless y'all.

THE SPEAKER: Chair recognizes Representative Price.

REPRESENTATIVE PRICE: Thank you Ms. Speaker, members. I just move to suspend all necessary rules, take up and consider HR 1194.

THE SPEAKER: Members, you've heard the motion. Are there any objections? Hearing none. So ordered. The clerk will now read out the resolution.

THE CLERK: HR 1194 by Price. Commemorating April 9, 2011, as Former POW Recognition Day.

THE SPEAKER: Chair recognizes Representative Price.

REPRESENTATIVE PRICE: Thank you, Madam speaker. Again this resolution commemorates April 9th, 2011 as former POW Recognition Day and honors all Texans who have experienced life as a prisoner of war for their courage, commitment, and sacrifice. I have many living in my district and I'm sure each of you do, too. I move adoption.

THE SPEAKER: Members, you've heard the motion. Are there any objections? Hearing none. So ordered. Is representative Naishtat on the floor of the House? Representative -- Chair recognizes Representative Eiland and Representative Taylor.

REPRESENTATIVE TAYLOR: Thank you, Madam Speaker. It's our pleasure to welcome to the Capitol the Leadership Mainland Delegation from Craig Eiland and myself's district. They traveled today to learn more about the legislative process. Seated over here in the northwest gallery. If y'all would, please, stand up so we can recognize you? They're behind us here in the west gallery. Welcome to your capitol and thank you for being here today. We look forward to visiting with you.

THE SPEAKER: Representative Naishtat? The chair recognizes Representative Naishtat for a motion.

REPRESENTATIVE NAISHTAT: Members, I move to suspend all necessary rules to take up and consider House Resolution 1125, recognizing the Elisabet Ney Museum in Austin.

THE SPEAKER: Members you've heard the motion. Are there any objections? Hearing none. So ordered. The chair lays out the following resolution. The clerk will read the resolution.

THE CLERK: HR 1125 by Naishtat Commemorating the centennial of the Elisabet Ney Museum in Austin.

THE SPEAKER: Chair recognizes Representative Naishtat.

REPRESENTATIVE NAISHTAT: Move adoption.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Naishtat for a recognition.

REPRESENTATIVE NAISHTAT: Members, with us today in the gallery are the curator of the Elisabet Ney Museum, Mary Collins Blackmon and Colleen Keane, program specialist at the Elisabet Ney Museum; Peter Mears, associate curator, art collections, Harry Ransom, Humanities Research Center, the University of Texas at Austin; Laura Esparza, division manager, Cultural Affairs Division, City of Austin, Parks and Recreation Department; and two Hyde Park members, Carolyn Grimes and Deaton Bednar. The Elisabet Ney Museum is one of the most beautiful museums in Austin. And it is in the heart of District 49 that I represent. Please, let us recognize and thank the visitors today who keep the Elisabet Ney Museum going, they are in the east gallery. Thank you for being here. Please stand up.

THE SPEAKER: Chair recognizes Representative Lucio.

REPRESENTATIVE LUCIO: Mr. Speaker members, I move to suspend all necessary rules to consider HR 1182 recognizing today as National Start Walking Day.

THE SPEAKER: Members you've heard the motion. Are there -- is there any objection? Hearing none. So ordered. The following resolution will be laid out.

THE CLERK: HR 1182 by Lucio. Recognizing April 6, 2011 as National Start Walking Day.

THE SPEAKER: Chair recognizes Representative Lucio.

REPRESENTATIVE LUCIO: Thank you, Mr. Speaker, members. Today is National Start Walking Day at the Capitol. Thank you for everyone who has participated thus far. That's why I'm wearing my tennis shoes today because I am trying to observe this day and walk as much as I can today. As a reminder please join the American Heart Association now and the Capitol Wellness Club in observance of this good health and physical activity. With 1.26 million Americans suffering from heart disease, this free, easy, and safe activity leads to a vastly improved quality of health. An hour of walking increases one's life expectancy by two hours, lowers blood pressure, and increases heart health. Also don't forget to clock those steps on your pedometer during sessions, pedometer challenge. Once again I encourage everyone to take a moment during the day every day to at least walk 30 minutes or move around for 30 minutes and enjoy the beautiful weather. Members help me recognize a group from the American Heart Association, the Capitol Wellness Club staff in the southwest gallery who have started their 30 minutes of walking. Please stand for those of you with the American Heart Association. There they are. Members, I also want to thank Representative Button who is showing her support and wearing her tennis shoes today. Match perfectly with her outfit and I just spoke with chairman -- and he tells me he walks, I think, he said four hours a day, or 4 miles a day, there you go. Four miles not four hours. Let's say 4 miles that sounds better. Thank you for all those who are participating today.

THE SPEAKER: Mr. Lucio moves adoption. Are there any objections, Hearing none. So ordered. Chair recognizes Representative Callegari.

REP. CALLEGARI: Mr. Speaker, members. I move to suspend all necessary rules for the House to take up and consider House Resolution 1193, in honor of the bishop -- Catholic bishop and students with us today as part of the Texas Catholic Conference Faith in Business Advocacy Day.

THE SPEAKER: Members you've heard the motion. Are there any objections? Hearing none. So ordered. Chair lays out the following resolution. Clerk will read the resolution.

THE CLERK: HR 1193 by Callegari. WHEREAS, Members of the Texas Catholic Conference are gathering in Austin on April 6, 2011, to celebrate Catholic Faith in Action Advocacy Day; and WHEREAS, TCC works to encourage and foster cooperation and communication among the dioceses and the ministries of the Catholic Church of Texas; moreover, the organization serves as the public policy arm of the bishops of Texas; and WHEREAS, Visiting the State Capitol today are His Eminence, Daniel Cardinal DiNardo, archbishop of the Archdiocese of Galveston-Houston, the Most Reverend Gustavo Garcia-Siller, archbishop of the Archdiocese of San Antonio, the Most Reverend Daniel E. Flores, bishop of the Diocese of Brownsville, the Most Reverend William Michael Mulvey, bishop of the Diocese of Corpus Christi, the Most Reverend Placido Rodriguez, bishop of the Diocese of Lubbock, Monsignor Mark Seitz, auxiliary bishop of the Diocese of Dallas, the Most Reverend Kevin W. Vann, bishop of the Diocese of Fort Worth, and the Most Reverend Joe S. Vasquez, bishop of the Diocese of Austin; and WHEREAS, Joining these notable clergy are students and faculty from Pope John XXIII High School in Katy, St. Pius X High School in Houston, and Christ the King Cathedral School in Lubbock, in addition to concerned Catholics from throughout the state; and WHEREAS, With the theme "Promoting Life, Justice, and Peace," the Catholic Faith in Action Advocacy Day encourages Catholics to help build a better world by becoming informed and engaged citizens; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commemorate April 6, 2011, as Catholic Faith in Action Advocacy Day and extend to all participants sincere best wishes for a meaningful and memorable event; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Texas Catholic Conference as an expression of high regard by the Texas House of Representatives.

THE SPEAKER: Chair recognizes Representative Callegari.

REP. CALLEGARI: Members, I move adoption.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Madden moves that all members' names be added to the resolution. Are there any objections? Hearing none. So ordered. Chair recognizes Representative Madden for a recognition.

REPRESENTATIVE MADDEN: Thank you, Madam Speaker. We have on the dais with us, four of the leading individuals from the Catholic Conference. First of all, welcome Cardinal Daniel DiNardo, cardinal, please. Cardinal, you have to raise your hand back there, if you would. Okay. Houston Bishop, Mark Seitz; Dallas Bishop, Kevin Vann; and Fort Worth, Bishop Placido Rodriguez from Lubbock, I'm sorry, from Lubbock. I reversed them.

THE SPEAKER: Chair recognizes Representative Callegari.

REP. CALLEGARI: Members, would you also help me recognize some students we have in the area. Students actually have a connection to two of the schools. Pope John 23rd is located in Katy and I have a grandson who attends St. Pius High School. We have also have students from Christ the King Cathedral in Lubbock. Will all those students stand up, please? Students, I think we also have students from *St. Vincent, in Houston as well. Thanks for being here and we appreciate your involvement.

THE SPEAKER: Chair recognizes Representative Kleinschmidt for a motion.

REPRESENTATIVE KLEINSCHMIDT: Thank you Madam Speaker and members. I move to suspend all necessary rules to take up House Resolution 1026.

THE SPEAKER: Members you've heard the motion. Is there any objection? Hearing none. So ordered. The clerk will layout -- clerk lays out the following resolution.

THE CLERK: HR 1026 by Kleinschmidt. WHEREAS, The 2011 Masonic Oak ceremony and picnic is taking place on May 15, 2011, at Masonic Oak Park in Brazoria; and WHEREAS, In March of 1835, before the establishment of the Republic of Texas, John A. Wharton, Asa Brigham, James A. E. Phelps, Alexander Russell, J. P. Caldwell, and Anson Jones gathered under an oak tree near Brazoria and made the decision to petition the Grand Lodge of Louisiana for a dispensation to form a new lodge in Texas; the dispensation was granted and the inaugural meeting of Holland Lodge No. 36, the first Masonic lodge established in the state, was conducted later that year; and WHEREAS, Mr. Jones, who took part in the Battle of San Jacinto with the charter for the new lodge in his saddlebags, went on to become the first Worshipful Master of the Holland Lodge and the first Grand Master of the Grand Lodge of Texas, which was founded in 1837; he also served as the last president of the Republic of Texas before annexation to the United States; other renowned Masons have included Stephen F. Austin, Sam Houston, Paul Revere, George Washington, Andrew Jackson, Theodore Roosevelt, Franklin D. Roosevelt, Douglas MacArthur, and Harry Truman; and WHEREAS, The oak tree under which the six Texas founders met is now known as the Masonic Oak, and each year, Masons from throughout the State of Texas come together to commemorate the founding of that first lodge; today there are more than 90,000 Masons in the Lone Star State, who enjoy fellowship at over 900 lodges; and WHEREAS, With an emphasis on helping those less fortunate, Masons provide more than $1.5 million each day to worthy causes in the United States; and WHEREAS, From its establishment in Texas 176 years ago to the present day, Freemasonry has significantly benefited communities across this state, changing countless lives for the better through its members' many good works; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commemorate the 2011 Masonic Oak ceremony and picnic and extend to all those taking part in the event sincere best wishes for a meaningful and memorable observance.

THE SPEAKER: Chair recognizes representative Kleinschmidt.

REPRESENTATIVE KLEINSCHMIDT: Members, guest, we are honored today of noticing the Masons have been in public service in Texas since March of 1835. Continued to serve the State of Texas and the United States in public service, had much to do with the founding of our great state. It's notable that there are more than 90,000 Masons in Texas and that Masons today contribute more than $1.5 million each day to worthy causes in the United States. And we thank them greatly for their public service. Today in the gallery, we have Mr. T.E. "Gene" Carnes, Grand Master of the Masons of Texas, if you'd stand, please. Thank you. Mr. Orville L. O'Neal, past Grand Master; Jim Brumit, deputy Grand Master; Archie Scott, grand treasurer; and Jerry Kirby, grand chaplain. Thank you gentlemen for your service to the State of Texas and masonry in the state. We appreciate the public service and the continued service of the State of Texas and our nation. Give them a hand, thank you. Yield to Representative Miller.

THE SPEAKER: The chair recognizes Representative Miller, I apologize.

REPRESENTATIVE MILLER: Thank you Mr. Speaker. I'd like to take this moment to recognize our most worshipful master, Gene Carnes. Most worshipful would you stand up for us, please, sir. The reason I'm up here is that he is a fine constituent from Pipe Creek, Texas, which is in District 73 and a member of the Bandera Lodge and the Kendall lodge and the all the lodges that are in my district. I think he's joined all of those and traveling all over the -- all over the state and on December the 4th of last year, he was elected as Grand Master of the lodge. And over 50 years worth of service to the Masonic order since the time that he became a Mason back in San Antonio in the Harlandale Lodge that he did that. And so, we appreciate most worshipful Grand Master and his wife Gay and their sons Larry and James and the whole family. The grandchildren and the great-grandchildren and all the dedicated people because we know that it takes a lot to serve an organization like this as big -- in a state as big as Texas. So, we do appreciate you and we have a resolution that will actually be before the house tomorrow that went to present you. Most worshipful and we really do appreciate you. And the other members that are with me, brother Chuck and brother Leo and brother *Sibs and brother Warren and brother Tim, all appreciate you. And I know there's several others here that have other business going on, but thank you so much for the service to our order and your leadership during your term as worshipful -- grand worshipful master. Thank you, sir.

THE SPEAKER: Chair recognizes Representative Kleinschmidt.

REPRESENTATIVE KLEINSCHMIDT: Move passage.

THE SPEAKER: Members you've heard the motion. Is there any objection? Chairs hears none. So ordered.

THE SPEAKER: Representative *material Comal wishes to add on all representatives names. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Laubenberg for an introduction.

REPRESENTATIVE LAUBENBERG: Will the Wylie Preparatory class of 7th this graders, stand up. And the Heritage Christian Academy from Rockwall 7th grade class stand up. You are here today to see government in action and I hope y'all learn a lot and maybe teach us something, thanks y'all for being here.

THE SPEAKER: Chair recognizes Representative Farrar for a motion.

REPRESENTATIVE FARRAR: Mr. Speaker and members, I move to suspend all necessary rules to take up and consider HR 1133.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. The clerk will lay out the following resolution.

THE CLERK: HR 1133 by Farrar. Congratulating the Honorable William M. Hatten of Houston on his birthday.

THE SPEAKER: Chair recognizes Representative Farrar.

REPRESENTATIVE FARRAR: Mr. Speaker, members. This is a very distinguished Texan. We are celebrating his 97 years of life, move passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Is representative Gooden on the floor of the House? Chair recognizes Representative Gooden.

REPRESENTATIVE GOODEN: I move to suspend all necessary rules to take up and consider HR 1196 and 1197.

THE SPEAKER: Members, you've heard the motions. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolutions. Clerk will read the resolutions.

THE CLERK: HR 1196 by Gooden. Honoring Evelyn Fife of Terrell on the occasion of her 100th birthday. HR 1197 by Gooden. In memory of Jerry Quitman Kidd of Chandler.

THE SPEAKER: Chair recognizes Representative Gooden.

REPRESENTATIVE GOODEN: I move passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Sarah Davis of Harris.

REPRESENTATIVE DAVIS: Thank you, Madam speaker and members. I move to suspend all necessary rules to allow the clerk to reread the previously adopted resolution. House Resolution 4 and 5 in memory of Joseph W. Sam yules of Houston.

THE SPEAKER: Members, this is a Memorial resolution, please take your seats and take your conversations outside the rail. Chair recognizes representative the following resolution is going to be read by the clerk.

THE CLERK: HR485 by Sarah Davis of Harris. WHEREAS, Joseph W. Samuels, owner and publisher of the Jewish Herald-Voice and a beloved figure in the Jewish community of Houston, passed away on January 19, 2011, at the age of 95; and WHEREAS, The eldest of three children, Joe Samuels was born in Dallas on December 10, 1915, to Tillie Marion Wiener and Morris Joseph Samuels; he lost his father when he was 13 years old and spent the next five years with his siblings in the Jewish Children's Home in New Orleans; and WHEREAS, Settling in Houston at the age of 18, Mr. Samuels worked at the post office, sold Remington typewriters, and produced dramas for a local radio station, and he was later able to further his education by taking classes at Rice University and the University of Houston; he met the love of his life, Jeanne, at a city bus stop, and the two were married in 1943; after enlisting in the U.S. Army Air Corps, he served in Africa and Europe during World War II, and then remained in the reserve until he retired with the rank of lieutenant colonel; and WHEREAS, On returning to Houston after the war, Mr. Samuels opened a record and radio shop with his brother, and the two took turns managing the business while completing their degrees; he and his wife also began their family, and their son, Marc, was born in 1948, followed by two daughters, Maurene and Vicki; he helped found the B'nai B'rith Downtown Lodge and published its newsletter, and he later opened an insurance agency and a real estate office; and WHEREAS, Mr. and Mrs. Samuels purchased the Jewish Herald-Voice in 1973 and began a remarkable tenure as owners and publishers that lasted for nearly four decades; under the direction of the couple, the newspaper, which has been in print for more than a century and is one of the oldest Jewish papers in the country, has consistently championed the underdog and worked to fight injustice; in addition, by overseeing the Jewish Herald-Voice, Mr. Samuels was able to realize a dream held by his father, who had run a printing business but had not lived long enough to begin a Jewish newspaper of his own; and WHEREAS, This esteemed Texan was a friend to synagogues and organizations such as the Jewish Federation of Greater Houston, Jewish Family Service of Houston, Seven Acres Jewish Senior Care Services, and Holocaust Museum Houston; he was also a strong supporter of the nation of Israel, visiting there more than a dozen times, and receiving the Defender of Jerusalem Award along with his wife in 2002; moreover, he gave financial backing to the Jewish Children's Regional Service and hosted reunions for others who had lived in the New Orleans children's home where he spent part of his youth; and WHEREAS, Through industry and tireless advocacy, Joe Samuels became a legendary figure in his community, and his efforts did much to promote unity, shared values, and mutual assistance among the Jewish citizens of Houston and the State of Texas; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Joseph W. Samuels and extend sincere sympathy to the members of his family: to his wife of 67 years, Jeanne Samuels; to his children, Marc Samuels and his wife, Maylee, Maurene Bencal and her husband, Michael, and Vicki Samuels Levy and her husband, Lawrence; to his grandchildren, Wendy Waterman, Amy Duke and her husband, Jesse DeMartino, Michael Duke and his wife, Naomi, Matthew Samuels and his wife, Kristy, Daniel Waterman, David Duke and his wife, Lan, Benjamin Samuels, Caroline Samuels, Sam Levy, Rebekah Levy, and Kimberly Bencal; to his great-grandchildren, Alyssa Campbell, Isabel Duke, Cameron Samuels, Joseph Duke, and Dylan Samuels; to his brother, Alvin "A. Pat" Samuels; and to his other relatives and many friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of Joe Samuels.

THE SPEAKER: Chair recognizes Representative Miles.

REPRESENTATIVE MILES: Mr. Speaker, members, Joe Samuels was a pillar of our community and District 146. Joe was man of honor and I was honored to call him my friend. He passed this year and I wanted to make sure we recognize him at the Capitol today. Most people in Houston knew Joe as the owner and publisher of Jewish Herald Voice and a leader in the Jewish community in Houston, but Joe's story goes way back much further than Jewish Herald Voice. He was American history -- American historian past century. He settled in Houston at the age of 18 and worked at different jobs and furthered his education by taking classes at Rice University -- Rice University, and the University of Houston. He served his country during World War II in the United States Army Air Corps in Africa and Europe. He remained in the Reserves until he retired with the rank of Lieutenant Colonel; in fact, as of -- in fact, 63 years today, Joe was commissioned as an officer in the U.S. Air Force and Army Air Force. Joe Samuels and Jeanne purchased the Jewish Herald-Voice in 1973 and began a remarkable tenure as owner and the publisher that lasted for nearly four decades as you've heard already. It was the fulfillment of his dreams that Joe's father had run a Jewish newspaper. Under Samuels leadership the Jewish Herald-Voice consistently championed for the underdogs and worked to fight injustices in our community. When there was a need in the community Joe and Jeanne would use the newspaper to get the word out whether it was for the blood or organ donations or to help the poor in the community. He was a strong supporter of the Nation of Israel *have it more than a dozen times as you've heard. Members, I'm honored to introduce the Samuels family to you today. On the dais, we have his beloved wife of 67 years, Jeanne Samuels. We also have his son Mark, his daughter Vickie and his brother Pat. In the gallery, if you will stand, Joe's nephew Grayson, Grayson, Wagner; his grandchildren Wendy Waterman, Michael Duke, David Duke, Matt -- and Matt Samuels. Would you please stand? Mr. Speaker members would you, please, help me in honoring Joe Samuels and welcome his family to the Capitol a real American and a true Texas legend. Thank you.

THE SPEAKER: Chair recognizes Representative Hochberg.

REPRESENTATIVE HOCHBERG: Thank you, Madam Speaker and members. Joe Samuels was not only a friend and adviser to politicians, as you can see behind me, you didn't have to be Jewish to get an endorsement from the Jewish Herald-Voice and, in fact, if you were Jewish, you didn't necessarily get the endorsement of the Jewish Herald-Voice. But more than -- more important than that, the Jewish community is a very diverse group, some of us attend synagog, some of us don't, some of us are active in organizations, others are not. They tell us that if there are two Jewish people there are three synagogs so you can have one additional one to fight or. Joe Samuels and his family and the Jewish Herald-Voice made us all one and continue to do so through the efforts of his wife and his children and now grandchildren who are in the business. We are all a community and family in Houston because we all look at the Jewish Herald-Voice to make our connection to the Jewish community regardless of how other -- otherwise we may be connected and so, Mr. -- Madam speaker and members, I move adoption of the resolution.

THE SPEAKER: Members, this is a memorial resolution, all those in favor, please, rise. The resolution is unanimously adopted. Chair recognizes Representative Davis.

REPRESENTATIVE DAVIS: Thank you, Madam Speaker I ask that all members' names be added to the resolution.

THE SPEAKER: Members, you have heard the resolution. Is there any objection? Chair hears none. So ordered. Is Representative Hilderbran on the floor of the House? Is Mr. Howard on the floor of the House? Representative Howard, come on down. Chair recognizes representative Howard.

REPRESENTATIVE HOWARD: Madam Speaker, members. Members, I'd like the suspend all necessary rules to take up House Resolution 928.

THE SPEAKER: Members you've heard the motion. Is there any objection? Hearing none. So ordered. Clerk will lay out following resolution.

THE CLERK: HR 928 by Howard of Fort Bend. In memory of Houston businessman and community leader Gilbert Manly Turner.

THE SPEAKER: Chair recognizes Representative Howard.

REPRESENTATIVE HOWARD: Members, Mr. Gilbert *was a joint in the construction industry in Houston. And he will be sorely missed as a community leader. I move for passage.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, Representative Howard asks that all members' names be added to the resolution. Are there any objections? Hearing none. So ordered. Representative Gallego ask that Representative Villarreal be excused for the purposes of illness. Are there any objections? Chair hears none. So ordered. Will the House sergeant please approach the dais?

THE SPEAKER: Chair recognizes Representative Strama for a motion.

REPRESENTATIVE STAMA: Thank you, Madam speaker. I move to suspend all necessary rules to take up and consider House Resolution 1129.

THE SPEAKER: Members you heard the motion. Is there any objection? Hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution. Members come to order, please. Following resolution. The clerk will read resolution.

THE CLERK: HR 1129 by Strama. WHEREAS, The gifted stage and screen actress Holland Taylor is bringing her one-woman show, ANN: An Affectionate Portrait of Ann Richards, to Austin in May 2011; and WHEREAS, A native of Philadelphia, Ms. Taylor earned her bachelor's degree in drama from Bennington College and subsequently moved to New York to start a career in the theater; she appeared in the original productions of Simon Gray's Butley and A. R. Gurney's The Cocktail Hour before being cast as Ruth Dunbar in the sitcom Bosom Buddies with Tom Hanks; and WHEREAS, That was her breakout role, and she has been a popular character actor on television and the big screen ever since, often playing strong, charming women known for their sharp wit; her first major film was Romancing the Stone, and more recently she has appeared in Legally Blonde, Baby Mama, and Spy Kids 2 and 3; and WHEREAS, Ms. Taylor is perhaps most well known for her Emmy-winning performance as Judge Roberta Kittleson in The Practice, and for her portrayal as Evelyn Harper in Two and a Half Men, for which she has been nominated for an Emmy three times; and WHEREAS, Ms. Taylor embodies yet another smart and complicated woman in her latest project, which she wrote after three years of archival research and interviews with the late governor's family and friends; the play has been staged to great acclaim in Galveston and San Antonio, and its Austin premiere is scheduled for May 4 at the Paramount Theatre; and WHEREAS, Holland Taylor's ability to delight Texans with her performance as one of their most beloved icons speaks to her considerable skill as an artist and reveals a Texan generosity of spirit that Governor Ann Richards herself would have applauded; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Holland Taylor for her outstanding achievements as an entertainer and extend to her a warm welcome to the Capitol City; and, be it further RESOLVED, That an official copy of this resolution be prepared for Ms. Taylor as an expression of high regard by the Texas House of Representatives.

THE SPEAKER: The chair recognizes Representative Strama.

REPRESENTATIVE STRAMA: Thank you, Madam Speaker. I move adoption of the resolution.

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

REPRESENTATIVE STRAMA: Thank you Madam Speaker. If I could take a moment of your time, members. This is a woman who has become a good friend of mine in the course of a research a play that she has written and directed and will star in when it comes to the Paramount Theatre in May. She is Holland Taylor. You will recognize her from movies and television shows most recently Two and a Half Men, but what you will know her for after May 5th is her portrayal of Ann Richards. She has become, I want to tell you, the repository of all human knowledge about Ann Richards. She has done incredibly thorough research. I got to know her during the course of that research because she even tapped into the very low level staff of Ann Richards, which I once was. And she has written a spectacular play about her. It will be at the Paramount in May on its way to the Kennedy Center in Washington, D.C. and eventually we hope to Broadway. So, I would love for you to come up take a moment and introduce yourselves to her. And as Ms Taylor is going to be there get your picture taken with her. And I will invite all of you to join me on taking an early night off between May 4th and May 7th from the work you do here to go and remember a treasure of the State of Texas, Ann Richards, who many of us were privileged to work with and for. Thank you members for do adopting the resolution and please make your way up here to meet Holland Taylor if you have time.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, it's the Chair intent to take a break for lunch around noon. Members, if you're planning to have a formal meeting please let us know. There will be lunch in the members' lounge. Chair recognizes Representative Cain for an announcement.

REPRESENTATIVE CAIN: Mr. Speaker, members, I just want to remind everyone that is an Lamar County Day and the fine folks from Lamar County will be serving hamburgers on the south lawn and we invite you to come. There will be no whiskey. Thank you.

THE SPEAKER: Chair recognizes Representative Kuempel for a motion.

REPRESENTATIVE KUEMPEL: Thank you, Mr. Speaker, members. I move to suspend all necessary rules and take up and consider HR 963, which honors the Department of History at the University of Texas of which I am a proud alum for the creating and interactive website not even passed.

THE SPEAKER: Members you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out HR -- chair lays out the following resolution.

THE CLERK: HR963 by Kuempel. WHEREAS, The Department of History at The University of Texas at Austin has created an interactive website that puts the expertise of its faculty at the service of the general citizenry and that provides a public forum for the discussion of historical and contemporary events; and WHEREAS, Titled Not Even Past, the website derives its name from William Faulkner's famous line that "The past is never dead. It's not even past," an acknowledgment that historical events continue to resonate in the present day; and WHEREAS, The Not Even Past website brings together a diverse group of historians with international reputations in every major historical field and time period and uses new technology to make their perspectives on topics in Texas, U.S., and world history available to a popular audience; and WHEREAS, Led by Professor Joan Neuberger and Chairman Alan Tully, the history department established this project in 2010 and developed it with existing financial resources; thousands of visitors from around the world have already accessed the site, which offers book and film recommendations, movie clips, podcasts, links to historical documents and artifacts, a fact-checker series, and free virtual courses; and WHEREAS, This engaging website constitutes a resource of remarkable range and further advances the university's goal of undertaking programs that benefit all citizens of the Lone Star State; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commemorate the launching of the website Not Even Past by The University of Texas at Austin Department of History and extend to all those associated with this project sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the UT Department of History as an expression of high regard by the Texas House of Representatives.

THE SPEAKER: Chair recognize Representative Kuempel.

REPRESENTATIVE KUEMPEL: Thank you Mr. Speaker, members. In 2010 the Department of History established a project with existing financial resources to create a first of its kind website to help the general public learn more about Texas, American and world history. The website showcases articles, book recommendations, podcast, links to historical documents and artifacts, virtual courses and a fact checker. Behind us on the dais today we have Randy Diehl, Dean of the College of Liberal Arts and professor of psychology; Allen Tully, History Department chair; Joan Neuberger, history professor, Josiah Daniel, editor of the Not Even Past website; and Jennifer *Eccle, graduate student from the Department of History. This is a major accomplishment for the history department and the faculty and I thank you all for your hard work and dedication put into this website. This website went live in January and already has over 30,000 clicks and I encourage everybody in here, members, guests to visit it and understand it's a wonderful tool and vehicle to our history. Please stop by if you would like anymore information. The -- the site is notevenpast.org. Thank you, members. I move adoption.

THE SPEAKER: Members you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Miller for an announcement.

REPRESENTATIVE MILLER: Thank you Mr. Speaker. You know, I was just over here visiting with my good friend Representative Brown from College Station down there and he is a happy man today because those lady Ags are now National Championships, how about that? How about those Aggies, huh? What do you think? And I want to invite all y'all to come tonight to McCombs field right over here where we're going to see the lady Ag's come down and play the Lady Longhorns tonight at softball at 6:30 tonight. If you're interested in coming come by and see me, we can sure arrange to get you in there and get you some tickets. So, hopefully, we'll see you out there at McCombs Field at 6:30 and watch two great teams fight it out for Texas.

THE SPEAKER: Chair recognizes Representative Aliseda for a motion.

REPRESENTATIVE ALISEDA: Mr. Speaker, members. I move to suspend all necessary rules to take up and consider House Resolution 518 {sic} Honoring Atascosa County Day at the Capitol.

THE SPEAKER: Members you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out House Resolution 518{sic}. Clerk read the resolution.

THE CLERK: HR 581 by Aliseda. WHEREAS, On April 6, 2011, residents from across Atascosa County are traveling to the State Capitol to celebrate their community's heritage and to share with fellow Texans their history, traditions, and achievements; and WHEREAS, The name Atascosa, derived from the Spanish word for boggy terrain, was used to describe the area as early as 1788; during the first part of the 19th century, this grassy prairie region of South Texas attracted Spanish, Mexican, and Anglo-American settlers, and by the time of the Texas Revolution, its ranching industry was flourishing; and WHEREAS, In 1856, the region was sufficiently populated to be sectioned off from Bexar County; the county seat, originally at Navatasco, was later permanently moved to the centrally located town of Jourdanton; and WHEREAS, Situated near the famous Camino Real, the county has long benefited from its proximity to major transportation arteries linking it with the Gulf Coast, the Rio Grande Valley, and Mexico, as well as other major population centers; and WHEREAS, Atascosa County enjoys the economic benefits reaped by an abundance of natural resources and, blessed with productive range and irrigated farmland, the area is known for its agricultural industries; and WHEREAS, Proud of its ranching heritage, Pleasanton, the county's trading center, bills itself as the birthplace of the cowboy, a designation symbolized by a large bronze statue in front of city hall; in nearby Poteet, known to many as the Strawberry Capital of the World, a seven-foot, 1,600-pound monument to the fruit graces the front lawn of city hall, and a Strawberry Festival, the fourth-largest agricultural festival in the state, takes place in April; and WHEREAS, Other resources such as oil and gas also play a significant role in the county's ongoing development, but the most important asset in the area's increasingly diverse economy is undoubtedly its industrious citizenry; and WHEREAS, The residents of Atascosa County have made many notable contributions to the economy and culture of Texas, and they may take justifiable pride in the place that they call home; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize April 6, 2011, as Atascosa County Day at the State Capitol and extend a warm welcome to all visitors from that fine county.

THE SPEAKER: Chair recognizes Representative Aliseda.

REPRESENTATIVE ALISEDA: Mr. Speaker, members. If you like strawberries you're going to be getting some strawberries from Atascosa County the Poteet Strawberry Festival. I'd like to welcome the residents of Atascosa County Day at the Capitol. On the dais we have Atascosa County Judge, Diana Bautista; Poteet mayor, Eileen Ramos; Jourdanton ISD Superintendent Lana Collavo; Mr. John *Hasserling of Campbellton and Ms. Bernadine Cude of Pleasanton. I'd also like to recognize those who are in the gallery, please, rise and welcome to your House. Mr. Speaker I move for passage.

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

REPRESENTATIVE ALISEDA: Members, I have one more resolution regarding Atascosa County. This is a memorial resolution.

THE SPEAKER: Chair lays out HR 814. Clerk read the resolution.

THE CLERK: HR 814 by Aliseda. In memory of Mark Lynn Cude of Pleasanton.

THE SPEAKER: Chair recognizes Representative Aliseda.

REPRESENTATIVE ALISEDA: Members because of the lateness of the morning, we're not going to be able to read the resolution but I want to honor this man who was very involved in his community and very involved in Atascosa County. Mr. Speaker, members, I'd like to welcome the members of the Cude family who are in the gallery today, Mrs. Bernadine, his mother, Mr. Weldon -- excuse me. His mother, Mr. Weldon Cude his brother and his daughters, Emily and Chloe. Mr. Speaker, I move for passage.

THE SPEAKER: Members this is a memorial resolution. All in favor, please, rise. Thank you. The resolution is unanimously adopted. Mr. Eiland? Members we have a memorial resolution. Please, be seated. Chair recognizes Representative Eiland for a motion.

REPRESENTATIVE EILAND: Mr. Speaker, I move to call up House Resolution 971.

THE SPEAKER: Members you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out HR 971. Clerk read the resolution.

THE CLERK: HR 971 by Eiland. WHEREAS, A full and productive life drew to a close with the passing of Elinor Steinhagen Burrus on January 27, 2011, at the age of 83; and WHEREAS, The daughter of Daniel and Ruth Steinhagen, the former Elinor Steinhagen was born in Beaumont on March 23, 1927; she graduated from Beaumont High School and attended Sullins College in Virginia before graduating from The University of Texas at Austin; while working for a Beaumont architectural firm, Goldman Roth, she paid a visit to a friend and met his older brother, Eugene Anthony Burrus, Jr.; she and Gene Burrus were joined in matrimony six months later, and she often said that he could have proposed on their first date, and she would have immediately accepted; and WHEREAS, Mrs. Burrus became the mother of two children, Vivian and Gene, and later welcomed seven cherished grandchildren into the family; she and her husband shared a rewarding marriage for 50 years until his passing; and WHEREAS, For many decades, Mrs. Burrus resided at Crystal Beach, and she dedicated herself to the conservation of the Texas Gulf Coast; she was instrumental in the early development of the Texas Coastal Management Program, and she compiled extensive data and took photographs that are still used in coastal law classes; the General Land Office honored her tireless efforts to fight coastal erosion on the Bolivar Peninsula by naming her its first Volunteer of the Year in 1997; in addition, the Garden Club of America accorded her its Zone IX Conservation Award; she was a member of the Nature Conservancy and the National Parks Conservation Association; and WHEREAS, This dynamic Texan also served her community as a member of the Junior League of Beaumont, the Magnolia Garden Club, and the Texas Historical Society, and she was a charter member of Trinity United Methodist Church; fascinated by genealogy, she carefully documented the history of both the Burrus and the Steinhagen families, even contacting a courthouse in the former East Germany and persuading them to accept a personal check in exchange for the certified birth certificates of ancestors; and WHEREAS, Feisty and independent, yet also kind and deeply devoted to her family, Elinor Burrus distinguished herself through her efforts to promote environmental stewardship, and she will forever remain a source of inspiration to those who were privileged to know her; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Elinor Steinhagen Burrus and extend sincere condolences to the members of her family: to her daughter, Vivian Burrus Todd, and her husband, Jerry; to her son, Gene Burrus III, and his wife, Ruthie; to her grandchildren, Ellie Burrus Livesay and her husband, Grant, Laura Todd Weaver and her husband, Jamie, Tyrrell and Charles Burrus, and Daniel, William, and Chad Todd; to her great-granddaughter, Claire Livesay; to her brother-in-law, Felix Burrus; to her sister-in-law, Chloe Steinhagen; and to her other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas House of Representatives adjourns this day, it do so in memory of Elinor Steinhagen Burrus.

THE SPEAKER: Chair recognizes Representative Eiland.

REPRESENTATIVE EILAND: Mr. Speaker, members, thank you. I know commissioner Jerry Patterson so would like to be here today with me on this resolution for his friends, but he's out of town, unable to attend. Ms. Burst, Elinor Steinhage Burrus was an inspiration and gave lifelong leadership and dedication to the coast of Texas and for that, we're very grateful. We have today with us the daughter, Vivian Todd and her son-in-law Jerry Todd as well as her son Gene Burrus, Ruthie Burrus, Ellie Livesay, granddaughter and Grant Livesay as well as Claire Livesay, great granddaughter 1 1/2 year old. So I move adoption.

THE SPEAKER: Members this a memorial resolution. All of those in favor, please, rise. Resolution is unanimously adopted. Members we're about to go on the calendar. Chair lays out on third reading final passage, House Bill 444.

THE SPEAKER: Chair lays out on third reading and final passage House Bill 444. Clerk read the bill.

CLERK: HB44 by Creighton. Relating to notification of applications for permits for certain injection wells.

THE SPEAKER: Chair recognizes Representative Creighton.

REP. CREIGHTON: Mr. Speaker, members, the bill we passed yesterday notification bill where if the PCC gets an application for a groundwater -- I mean for an injection well, the Groundwater District will receive notice. Move passage.

THE SPEAKER: Anyone wish to speak for or against House Bill 444? Question occurs on final passage of House Bill 444. Record vote. Clerk result the bell. Representative Gonzales voting aye, show Mr -- voting aye. Have all voted? 142 ayes and 0 nays, House Bill 444 is finally passed. Chair lays out on final passage House Bill 571. Clerk read the bill.

THE CLERK: HB 571 by Huberty. Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; providing penalties.

THE SPEAKER: Chair recognize Representative Huberty.

REPRESENTATIVE HUBERTY: Thank you Mr. Speaker, members. This is the bill that we talked about yesterday that allows the TCEQ to.

REPRESENTATIVE EISSLER: Mr. Speaker.

THE SPEAKER: Representative Eissler, for what purpose?

REPRESENTATIVE EISSLER: Yes, sir, I'd like to ask Mr. Huberty some questions for legislative intent.

THE SPEAKER: Mr. Huberty do you yield?

REPRESENTATIVE HUBERTY: I yield, Mr. Speaker.

REPRESENTATIVE EISSLER: Yes, sir in House Bill 571 there's a new water code Section 28A.001 parenthetic 1, parenthetic C, that provides an exemption for uses at the same or continuous site. Is it your intent that under the section properties are contiguous if they are only separated by a public road.

REPRESENTATIVE HUBERTY: Yes, Mr. Eissler. I consider the property only separated by a public road to be contiguous.

REPRESENTATIVE EISSLER: Thank you. And is proposed Section 28A.001 1D, intended to exempt all excavation activities that are already authorized by the state in some other permit.

REPRESENTATIVE HUBERTY: Yes, Mr. Chairman. For example, the TECQ already has permitted a landfill does not have to seek another authorization under this bill.

REPRESENTATIVE EISSLER: Okay. Mr. Speaker, I move the remarks of Representative Huberty and me entered in the House journal as a record of legislative intent, sir.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Anyone else wishing to speak for or against House Bill 571? Question occurs on final passage of House bill 571. Record vote. Clerk ring the bell. Mr. Huberty voting aye. Have all voted? Have all vote? Being 139 ayes and 5 nays House Bill 571 final passage. Excuse Representative Nash she had death in her family on the motion of -- Representative Price. Any objection? Chairs hears none. So ordered. Chairs lays out on third reading final passage. Clerk read it bill.

THE CLERK: HB 610 by Zerwas. Relating to certain notices sent by the Texas Commission on Environmental Quality.

THE SPEAKER: Chair recognizes Representative Zerwas.

REPRESENTATIVE ZERWAS: House Bill 610 TCEQ all forms of communication to legislative offices be in electronic format unless the office specifically requests a hard copy and I move adoption, Mr. Speaker.

THE SPEAKER: Anyone wish to speak for or against House Bill 610. Question occurs on final passage of House bill 610. Record vote. Clerk ring the bell. Have all voted? Being 144 ayes, 0 nays House Bill 610 finally passed. Chair recognize representative Thompson for a recognition.

REPRESENTATIVE THOMPSON: Mr. Speaker, and members, I'd like to recognize the Houston firefighters Local 341 and their president, Jeff Caynon who are in the gallery us today. I'd like to ask them to, please, stand. Welcome to the Texas House of Representatives. Thank you for coming. Hopefully we'll get a picture with you when we finish.

THE SPEAKER: Chair recognizes Representative Farrar.

REPRESENTATIVE FARRAR: Mr. Speaker, members, I just want to reiterate what my colleague -- we hope that there are no fires in Houston going on right now.

THE SPEAKER: Chair lays down on third reading final passage House Bill 645. Clerk read the bill.

THE CLERK: HB 645 by Orr. Relating to the information required to be included on a form for an application for an exemption from ad valorem taxation of property owned by a charitable organization.

THE SPEAKER: Chair recognizes Representative Orr.

REPRESENTATIVE ORR: Mr. Speaker, members this allows a charitable organization to use federal tax ID number on property exemption instead of personal information and I move for adoption.

THE SPEAKER: Members, anyone wish to speak for or against House Bill 645? Question occurs on final passage House Bill 645. It's a record vote. The clerk ring the bell. Have all voted? Have all voted? Being 144 ayes, 0 nays. House Bill 645 final passage. Chair lays out on third reading and final passage House Bill 675. Clerk read the bill.

THE CLERK: HB 675 by Lucio. Relating to football helmet safety requirements in public schools.

THE SPEAKER: Chair recognizes Representative Lucio.

REPRESENTATIVE LUCIO: Thank you Mr. Speaker, members. This is a bill we passed yesterday dealing with the quality of the helmet safety in our public schools. I move passage.

THE SPEAKER: Anyone wishing to speak for or against House Bill 675? Question occurs on final passage of House Bill 675. Record vote. Clerk will ring the bell. Have all vote? Have all members voted? 117 ayes and 25 nays, House Bill 675 finally passed. Chair lays out on third reading and final passage House Bill 690. Clerk read the bill.

THE CLERK: HB690 by Martinez Fischer. Relating to the punishment for the offense of graffiti.

THE SPEAKER: Chair recognizes Representative Martinez Fischer.

REP. MARTINEZ FISCHER: This is a bill we passed yesterday to -- commit the act of graffiti on historical monuments. One perfecting amendment.

THE SPEAKER: The following amendment. The clerk read the amendment.

THE CLERK: Amendment by Martinez Fischer.

THE SPEAKER: The chair recognizes Martinez Fischer.

REP. MARTINEZ FISCHER: Thank you, Mr. Speaker, members. This amendment alleged council asked us to put on when we accepted the Farrar amendment off on enabling and this is all this amendment does.

THE SPEAKER: Amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Chair recognizes Mr. Martinez Fischer.

REP. MARTINEZ FISCHER: Mr. Speaker I move final passage.

THE SPEAKER: Does anyone wish to speak for or against House Bill 690? Question occurs on final passage of House Bill 690. Record vote. Clerk ring the bell. Have all voted? Have all voted? 141 ayes, 0 nays. House Bill 690 finally passes. Chair lays out on third and final reading on passage of House Bill 755. Clerk read the bill.

THE CLERK: HB775 by Cook. Relating to eligibility of certain dependents for coverage under the state employee group benefits program.

THE SPEAKER: Chair recognizes Representative cook.

REPRESENTATIVE COOK: Thank you, Mr. Speaker, members. This is a bill we passed yesterday defining dependent coverage moving from ERS to TRS. Move passage.

THE SPEAKER: Anyone wishing to speak for or against House Bill 755. Questions occurs on final passage of House bill 755. Record vote. The clerk will ring the bell. Have all voted? 142 ayes and 1 nay House Bill 755 finally passes. Chair lays out on third reading and final passage House Bill 849. Clerk.

THE CLERK: HB 849 by Miller. Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well; creating an offense.

THE SPEAKER: Chair recognizes Representative Miller.

REPRESENTATIVE MILLER: Mr. Speaker and members, this is the public notification improvement for commercial disposal of oil. We have one perfecting amendment.

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

THE CLERK: Amendment by Miller.

THE SPEAKER: Chair recognizes Representative Miller.

REPRESENTATIVE MILLER: Mr. Speaker this amendment clarifies that this act pertains to commercial disposal wells. Move -- move adoption. Move adoption.

THE SPEAKER: Mr. King, for what purpose.

REPRESENTATIVE KING: Will the gentleman yield for a question?

THE SPEAKER: Mr. Miller, do you yield?

REPRESENTATIVE MILLER: Sure.

REPRESENTATIVE KING: Representative Miller, does this bill deal with notification for salt water injection wells.

REPRESENTATIVE MILLER: Only the commercial injection wells.

REPRESENTATIVE KING: I'm sorry for asking this a day late but who does it allow or who does it require notice to go to.

REPRESENTATIVE MILLER: Okay. It would require notice to go to the Commissioners' Court, each county commissioner, the water district, landowners, and tenants of the landowners. It also require publication in newspapers, local circulation.

REPRESENTATIVE KING: Would it also require notice to groundwater conservation districts.

REPRESENTATIVE MILLER: Yes, it does.

REPRESENTATIVE KING: Okay. Am I correct that it is not your intent or for this to create any standing for a groundwater conservation district to enter into a contested case regarding -- regarding a permit for a ground water conversation district.

REPRESENTATIVE MILLER: I don't believe it will change current law. Any affected party could ask to protest the permit after a hearing.

REPRESENTATIVE KING: The reason.

REPRESENTATIVE MILLER: It doesn't allow for multiple hearings though.

REPRESENTATIVE KING: The reason I'm asking is that, currently groundwater conservation district as I understand it don't have standing under the law to intervene into those and there's concerns that that might become something of a lawyer's paradise if they did. And so I like your bill but I just wanted to clarify for the record that it's not your intent to create standing -- I don't want anybody misinterpret the legislation it's not your intent to create standing for groundwater conservation districts to be able to enter into the -- as a party to the permitting process with TCEQ.

REPRESENTATIVE MILLER: It's requiring that the owner give notice to the groundwater conservation district along with the others -- others that I mentioned.

REPRESENTATIVE KING: I don't think --

REPRESENTATIVE MILLER: I don't believe it gives -- I don't believe it gives standing, no.

REPRESENTATIVE KING: I don't think it does either. I just want to make sure someone reading this a year down the line doesn't think it does. And I think it's very good bill and Mr. Speaker.

THE SPEAKER: Mr. King, what purpose?

REPRESENTATIVE KING: Could I ask that the discussion between Chairman Miller and I be reduced to writing and entered into journal.

THE SPEAKER: Members, you've heard the motion. Is there objection? The chair hears none. So ordered.

REPRESENTATIVE KING: Thank you Mr. Chairman.

THE SPEAKER: Ms. Thompson, for what purpose?

REPRESENTATIVE THOMPSON: Will the gentleman yield?

REPRESENTATIVE MILLER: Yes, I yield.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE THOMPSON: Is this dealing with --

REPRESENTATIVE MILLER: Not unless they fall down the well.

REPRESENTATIVE THOMPSON: What now.

REPRESENTATIVE MILLER: Not unless they fall down the well.

REPRESENTATIVE THOMPSON: What is it dealing with?

REPRESENTATIVE MILLER: It -- this is a notification for disposal wells we're going to expand the notification process.

REPRESENTATIVE THOMPSON: I just want to make sure we get 911 information on there so we can dispose of those wells, right.

REPRESENTATIVE MILLER: All right. Thank you. Move adoption of amendment to the amendment.

THE SPEAKER: Anyone wishing to speak for or against House Bill 849? Mr. Miller sends up an amendment to the amendment. The amendment to the amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Question occurs on final passage of House Bill 849. Record vote. The clerk ring the bell. Have all voted? Have all members voted? Being 139 ayes and 2 nays, House Bill 849 is finally passed. Chair lays out on third and final passage House Bill 942. Clerk will read the bill.

THE CLERK: HB942 by Dukes. Relating to an exemption for school districts from security for court costs and appeal bond.extension for school districts for court costs appeal bonds.

THE SPEAKER: Chair recognizes Representative Duke.

REPRESENTATIVE DUKE: Mr. Speaker. 942 exempts school districts from court costs and I move passage.

THE SPEAKER: Anyone wishing to speak for or against House Bill 942. Question occurs on final passage of House Bill 942. Record vote. Clerk will ring the bell. Have all voted? Representative Eiland aye, show Representative Dukes voting aye. Have all voted. Being 141 ayes and 0 nays, house Bill 942 is finally passed. Chair lays out on third reading and final passage House Bill 985. Clerk read the bill.

THE CLERK: HB 989 Kolkhorst. Relating to the listing of a business location of certain businesses in print advertisements or on Internet websites.

THE SPEAKER: Chair recognizes Representative Kolkhorst.

REPRESENTATIVE KOLKHORST: Thank you, Mr. Speaker, members. This bill amends Section 17 of the Business Commerce Code to help our almost 4,000 local florists operating in Texas. I move passage.

THE SPEAKER: Anyone wish to speak for or against House Bill 989? Question occurs for final passage of House Bill 989. Record vote. Clerk will ring the bell. Have all members voted? Being 142 ayes and 1 nay House Bill 989 is finally passed. Chair lays our on third reading and final passage House Bill 1300.

THE CLERK: HB 1300 by Guillen. Relating to funding for state sites and programs of the Parks and Wildlife Department through private contributions and partnerships and to commercial advertising on certain state sites.

THE SPEAKER: Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Thank you Mr. Speaker, members. This deals with funding for state sight and programs of Parks and Wildlife Department through private contributions and partnerships and commercial advertising certain state sites. Move passage.

THE SPEAKER: Anyone wish to speak for or against House Bill 1300. Question occurs on final passage House Bill 1300. Record vote. Clerk ring the bell. Have all voted? Being 142 ayes and 0 nays, House bill 1300 finally passed. Chair lays out on third reading and final passage House Bill 1405.

THE CLERK: HB 1405 by Smithee. Relating to provision by a health benefit plan of prescription drug coverage specified by formulary.

THE SPEAKER: Chair recognizes Representative Smithee.

REP. SMITHEE: Thank you, Mr. Speaker, members. This is the bill we passed yesterday on the drug formulas and the consistency throughout the policy period. Move passage.

THE SPEAKER: Anyone wishing to speak for or against House Bill 1405. Question occurs on final passage of House Bill 1405. Record vote. The clerk will ring the bell. Mr. Workman voting aye. Representative Gonzalez of El Paso voting aye. Have all voted? Being 143 ayes, 0 nays, House bill 1405 is finally passed. Chair lays out on third reading and final passage House Bill 1732. Clerk read the bill.

THE CLERK: HB 1732 by Ritter. Relating to the applicability of the constitutional limit on state debt payable from the general revenues of the state to bonds issued by the Texas Water Development Board.

THE SPEAKER: Carry recognizes Representative Ritter.

REPRESENTATIVE RITTER: Thank you, Mr. Speaker. Members House Bill 1732 provides clarification on Water Development Board bonding that does not count against the constitutional debt limit. Move passage.

THE SPEAKER: Anyone wish to speak for or against House Bill 1732? Question occurs on final passage House Bill 1732. Record vote. Clerk will ring the bell. Have all voted? Being 139 ayes and 0 nays, House Bill 1732 finally passes. Chair lays out on third reading and final passage House Bill 2124.

THE CLERK: HB 2124 by Workman. Relating to victim notification regarding the release of a defendant who was acquitted by reason of insanity in a criminal case.

THE SPEAKER: Chair recognizes Representative Workman.

REPRESENTATIVE WORKMAN: Mr. Speaker, members, this bill changes the notification requirement for victims from the TDCJ to the local district clerk. Move passage.

THE SPEAKER: Anyone wishing to speak for or against House Bill 2124. Question occurs on final passage House Bill 2124. Record vote. The clerk will ring the bill. Have all members voted? Have all voted? Being 139 ayes, 0 nays, House Bill 2124 is finally passed. Chair lays out House Bill 2154. Clerk read the bill.

THE CLERK: HB 2154 by Eiland. Relating to certain continuing education requirements for agents who sell Medicare-related products and annuities.

THE SPEAKER: Chair recognizes Representative Eiland.

REPRESENTATIVE EILAND: This is the bill that does the insurance code, continuing education requirements for insurance agents to sell life and annuity products. Makes it consists throughout the code. Move passage.

THE SPEAKER: Anyone wish to speak for or against House Bill 2154. If not the question occurs on final passage of House Bill 2154. Record vote. The clerk will ring the bell. Have all voted? Being 142 ayes, and 1 nay, House Bill 2154 is finally passed. Members if you have any announcements bring them down front. We're going right on the calendar when we come back at 1:15, so, if you have any amendments especially for House Bill 6 please prefile them. Following announcements. Clerk read the announcements.

THE CLERK: The Committee on Calendar will meet for lunch break on April 6th, 2011 at 3W.15. The Committee on Calendar will meet in first lunch recess on April 6th, 2011 at 3W.15. This will be a formal meeting to consider a calendar. The Committee on Veterans Affairs will meet through first lunch recess on April 6th, 2011 at desk 15 on the House floor. This will be a formal meeting to consider pending business. The Committee on Business and Industry will meet upon first recess today April 6th, 2011 at desk 47. This will be a formal meeting to consider pending business.

UNIDENTIFIED SPEAKER: Members, the House Committee on Business and Industry will have a formal meeting upon the first recess at desk 47. Thank you.

THE SPEAKER: Chair recognizes representative Sheffield.

REPRESENTATIVE SHEFFIELD: Members, * affairs will have a meeting upon recess for lunch at desk 47 -- 15, excuse me, desk 15. Thank you.

THE SPEAKER: Chair recognizes Representative Smithee.

REPRESENTATIVE SMITHEE: Mr. Speaker, members, today as on most Wednesday the Capitol Commission Bible Study will meet at the Austin Club with lunch provided. There's also identical Bible study that will take place tomorrow morning on Thursday 7:30 in the Members' lounge in the extension and there's always on Fridays in the members' lounge there's a Bible study for the staff members. Hope that some of you can attend.

THE SPEAKER: Members, no further announcements House stands in recess for lunch until 1:15. House will come to order.

THE SPEAKER: Chair lays out on second reading House Bill 6. Clerk read the bill.

THE CLERK: HB 6 by Eissler. Relating to the foundation curriculum, the establishment of the instructional materials allotment, and the adoption, review, and purchase of instructional materials and technological equipment for public schools.

THE SPEAKER: Chair recognizes Representative Eissler.

REP. EISSLER: Thank you, Mr. Speaker and members. Today I'm proud to present to you House Bill 6. It's a bill that creates an instructional materials allotment. It's a combination of textbook funding and the technology allotment. The allotment will fund instructional content and the technological equipment necessary to deliver it. Before I explain the features of the bills I'd like to thank my joint authors, Representative Allen, who is not here due to the death of her spouse, Representative Branch and Representative Strama for their advice and counsel while we worked on the bill. Members I'd like to quickly discuss the major provisions of this legislation. Number one, House Bill 6 establishes an instructional materials fund. House Bill 6 requires the State Board of Education to set aside 50 percent of the distribution from the permanent school fund to the available school fund into a state instructional materials fund. Out of this fun we will pay the instructional materials allotment, the IMA, materials for blind and visually impaired students, the adoption and review process, open source materials, and certain other expenses such as freight, shipping, and insurance related to the delivery. Number 2, House Bill 6 provides maximum flexibility for school districts. Districts are able to use the annual allotment to best meet the instructional needs of individual students. The IMA may be used to purchase printed instructional materials, electronic instructional materials, technological equipment or training on the appropriate use of the instructional materials and technological equipment. I'll be happy to answer any questions. I believe we have some amendments.

THE SPEAKER: Following amendment. The clerk read the amendment.

THE CLERK: Amendment by Eissler.

THE SPEAKER: Chair recognizes Representative Eissler.

REP. EISSLER: Technical amendment corrects a numbering error in the bill. And it's acceptable to the author. I move adoption.

THE SPEAKER: The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment. Clerk read the amendment.

THE CLERK: Amendment by Hancock.

THE SPEAKER: Chairs recognizes Representative Eissler.

REP. EISSLER: Thank you. This amendment states that commissioner places material on the commissioner's list adopted under Subsection A, the state board of education may not later than 90th day after the date of materials placed on the list require the commissioner to remove the material from the list and it's acceptable to the author.

THE SPEAKER: The amendment is acceptable to the author. Is there objection? Chairs hears none. Amendment is adopted. Following amendment. Clerk read the amendment.

THE CLERK: Amendment by Strama.

THE SPEAKER: Chair recognizes Representative Strama.

REPRESENTATIVE STRAMA: Thank you, Mr. Speaker. This amendment kind of consolidates in one place for school districts to find -- sorry, this amendment consolidates in one place all of the different sources of instructional materials, particularly electronic instructional materials from which school districts or charter schools can obtain their contents under this bill. It also clarifies that universities who publish open source content are not liable for errors and omissions from the State Board of Education the way textbook publishers are because they're universities and we sanction their contents as universities and the amendment is acceptable to the author.

THE SPEAKER: The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment clerk. Read the amendment.

THE CLERK: Amendment by Hochberg.

THE SPEAKER: Chair recognizes Representative Hochberg.

REPRESENTATIVE HOCHBERG: Thank you, Mr. Speaker and members. This amendment addresses a concern that you may have seen in the LSG concern sheet. If you looked at that, this provides a technology lending program, a grant program that carves out some of the money of this allotment to provide to school districts to buy equipment to lend to students who wouldn't have access to electronic content but for the availability of this lent equipment. It's acceptable to the author and I move adoption.

THE SPEAKER: The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment. Clerk read the clerk.

THE CLERK: Amendment by Hochberg.

THE SPEAKER: Chair recognizes Representative Hochberg.

REPRESENTATIVE HOCHBERG: Thank you Mr. Speaker, members. This amendment requires that a school district that is using instructional material allotments to purchase electronic content or textbooks that are not on the -- the list of those that have 50 percent or more curriculum content must provide to TEA as part of its reimbursement the title of the publication or electronic material. It's acceptable to the author and I move to adoption.

THE SPEAKER: The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment. Clerk read the amendment.

THE CLERK: Amendment by Hochberg.

THE SPEAKER: Chair recognizes Representative Hochberg.

REPRESENTATIVE HOCHBERG: Thank you, Mr. Speaker, members. There was a controversy over who had title to various materials and to equipment and this removes an old requirement that says that the state owns the textbooks. It provides a lot more flexibility to the local districts. It is acceptable to the author and I move adoption.

THE SPEAKER: The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment. The clerk read the amendment.

THE CLERK: Amendment by Strama.

THE SPEAKER: Chair recognizes Representative Strama.

REPRESENTATIVE STRAMA: Thank you, Mr. Speaker. This amendment simply says that a school district can recover the cost of the instructional equipment if that equipment is damaged, stolen, misplaced, or not returned due to an intentional act of a school employee and it's acceptable to the author.

THE SPEAKER: The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Chair recognizes Representative Eissler.

REPRESENTATIVE HOWARD: Mr. Speaker.

THE SPEAKER: Representative Howard, for a purpose?

REPRESENTATIVE HOWARD: Will the gentleman yield?

REPRESENTATIVE STRAMA: I'll yield.

REPRESENTATIVE HOWARD: I just want to ask you a couple of questions, Rob. Contrary to what some may think, I actually want to stand up for the State Board of Education in this case and just make sure we're looking at how these -- this fund is protected. Are you aware that currently, I'm sure you are, in your budget that we're working on now, that we are only using about 300 million of I think it's 1.9 billion that the State Board of Education set aside for textbooks to cover continuing contracts with the rest being used to help us fill in the gaps for our GR for public ed. You're aware of that.

REP. EISSLER: Yes.

REPRESENTATIVE HOWARD: And my concern is, that I'm asking you about is if we create this new instructional materials fund, what will prevent the Legislature from using that to certify our budget and not use it for its intended purpose, similar to what we do with the System Benefits Fund.

REP. EISSLER: Well, to answer your question, this is probably the strongest we can be about dividing that money that will go to instructional materials short of a constitutional amendment. Statutorily, we'll have this dedicated to the instructional material allotment, so that it's not appropriated away, which is, as you know, happens frequently. The other half will be for the FSP, foundation school.

REPRESENTATIVE HOWARD: Right. So it would be put in 50 percent would be put in that fund and even though -- well like doesn't the Systems Benefit Fun work that way as well. Doesn't a certain amount of money go into that fun and we just choose to leave it there and use that amount to cover something else.

REP. EISSLER: No, this is dedicated, in fact, I'm glad you asked that. The school districts will have their own account at TEA to use as they wish and they can go out and buy the materials and authorize TEA to pay for it.

REPRESENTATIVE HOWARD: It does sound like that's definitely a better way to do it because what we've got right now is not working that well. And, I think, you can probably, can you not, understand the frustration of the State Board Education that they are -- they are constitutionally required to set aside these funds and then we do not appropriate them.

REP. EISSLER: And they get appropriated elsewhere.

REPRESENTATIVE HOWARD: Correct.

REP. EISSLER: This solves that problem.

REPRESENTATIVE HOWARD: Thank you very much, Mr. Chairman.

REP. EISSLER: Yes, ma'am.

THE SPEAKER: Anyone wish to speak for or against House Bill 6? Recognize Representative Eissler to close.

REP. EISSLER: Thank you members this bill moves Texas into the 21st century and since this is the 11th year of the 21st century, it's about time. House Bill 6 provides educators with flexibility instruction and dynamic content and tools and I appreciate your attention and consideration of this legislation. I move passage.

THE SPEAKER: Question occurs on passage to engrossment House Bill 6. All those in favor say aye. All those opposed nay. Ayes have it. House Bill 6 is passed to engrossment. Mr. Burnam for the purpose.

REPRESENTATIVE BURNAM: I'm waiting.

THE SPEAKER: Chair lays out on second reading House Bill 500. Clerk read the bill.

THE CLERK: HB 500 by Eissler. Relating to end of course assessment instruments administered to public high school students.

THE SPEAKER: Chair recognizes Representative Eissler.

REP. EISSLER: Mr. Speaker members. I have -- members, I bring before this body House Bill 500. A bill that is about student learning. Before I begin to discuss the bill, I'd like to publicly thank my joint authors, Representative Aycock, Representative Guillen, Representative Shelton for their advice and counsel during the development of this legislation. I would also like to thank the 123 coauthors for your support of this bill. I know that many of you are hearing from your schools and local educators that we need delay the implementation of the new assessment system that we created last session under House Bill 3. Others are hearing from business associations and self styled education experts that we absolutely cannot retreat on the gains made last session. Both sides have some validity. House bill 500 attempts to find the middle ground. Members I'd like to walk you through the major features of this legislation because many of them have been misrepresented. House Bill 500 maintains rigor and a focus on college readiness. Some people made false claims that House Bill 500 is less rigorous than House Bill 3 reforms from last session. House Bill 500 does not lower standards, but focuses attention on English 3 and algebra 2 which are the only two courses that research consistently supports as indicators of college readiness. We are not delaying implementation of the more rigorous star assessment systems at grades 3 through 8 and the end of course. It will begin as scheduled in the 2011/2012 school year with students taking all end of course exams for courses in which they are enrolled. Number two, House Bill 500 focuses on teaching and learning. We are all hear from parents and teachers that schools are more focused on testing than learning. We have stamped out creativity and the joy of learning. Time and again, we hear complaints about drill and kill in Texas classroom and this was under the old TAKS assessment system. When a test was needed for -- one test, one test was needed for graduation. So just wait until the new assessment system when 12 end of course exams go-live. Members, this bill creates a clear, easily understandable path to graduation. Current law includes a BET collection of requirements, honestly, you would need a math class beyond algebra 2 to understand it fully.

REPRESENTATIVE BURNAM: Mr. Speaker.

THE SPEAKER: Mr. Burnam, for what purpose?

REPRESENTATIVE BURNAM: Would the gentleman yield.

THE SPEAKER: Mr. Eissler yield?

REP. EISSLER: Yes, I will.

REPRESENTATIVE BURNAM: This morning, many of us got a letter from an organization which I'm sure you're familiar with called Texas Coalition for Competitive Workforce and it's a *pretty system for organization consisting of the Texas Association of Business, the Public Policy Foundation, Greater Austin Chamber of Commerce and I just want to ask some questions out of this letter because either I'm reading this wrong or I don't believe what I'm reading. I like the latter, okay. But I read the bill though word for word and in this letter they say that under this bill as a matter of public policy, that end of course exams count nothing toward a student's grade. That's in the bill; is that correct.

REP. EISSLER: In-house bill 3, we put a 15 percent required count towards course completion. And we felt that it was better to leave that up to the school district to determine what percentage that should count. Now, the school district is being held accountable for the results of that test and the student, obviously, is taking that test. So it's up to the school district how much to count it. And if the school district is being held accountable it won't take too much for a school board to say this is going to count more than the 15 percent.

REPRESENTATIVE BURNAM: Rob, it doesn't say that in the bill. It said it won't count toward the final exam -- I mean, final grade.

REP. EISSLER: It's up to the school district to determine how much it will count.

REPRESENTATIVE BURNAM: It doesn't say that. And it also says that students can make a zero, a zero, on 8 of 12 end of course exams in high school and still graduate under the state's recommended high school plan; is that true.

REP. EISSLER: Well, interestingly enough under the current bill that -- a student can fail 8 of 12 because of the cumulative score. You can get a 69 on two of the tests and a 72 on the third and you average a passing score.

REPRESENTATIVE BURNAM: Well, I'll tell you what really concerns me, the new test we're talking about the stars now.

REP. EISSLER: Right.

REPRESENTATIVE BURNAM: And a new test between 2011 and 2015 will cost almost a half billion dollars to one firm, a half billion dollars to one firm. I also received a letter today from an organization which I'm sure you're familiar with called Friends of Texas Public Schools and it's from Scott Milder the president and CEO and let me just read what he says. He says the fuss over top heavy administration, excessive spending on football and other extracurricular activities and the general inefficiencies of our public schools are nothing more than falsehoods. The fact of the matter leads anyone who conducts just a tiny bit of research on the subject to find that our public schools are arguably the most efficient human enterprise in our state and the nation. Now, I read that and I said to myself, why then, are college presidents and community college president telling us that the product we're sending from public schools to college, those who go to college, more than 50 percent of them need remediation in math and English before they can do college work? That doesn't sound to me like a very successful public school system that this gentleman is talking about. The most efficient and effective in the United States, and half need remediation in college.

REP. EISSLER: Well most of those half have been out of school for a while when they do go and that's part of the measurement and about a third of our graduates do require remediation and that's something we addressed in House Bill 3 on going towards end of course exams versus -- well and looking at college readiness, focusing the entire accountability system on college readiness.

REPRESENTATIVE BURNAM: We're also trying to cut down on the amount of time that teachers spend on testing.

REP. EISSLER: Right.

REPRESENTATIVE BURNAM: And I'm fully grateful that we're doing away with the TAKS tests. But according to what I have here, 45 hours must be devoted to teaching this test that won't count anything toward the final examining. I'm sorry, 25 days, not hours, 25 school days.

REP. EISSLER: We allow the -- we allow the school district to determine how much it counts and they are being held accountable for the students' performance on that test.

REPRESENTATIVE BURNAM: But, Rob, where does it say that in the bill?

REP. EISSLER: It's up to -- we leave it up to the school district.

REPRESENTATIVE BURNAM: I'm concerned that we're spending a half billion dollars for a test.

REP. EISSLER: It's already been spent.

REPRESENTATIVE BURNAM: It's already been spent.

REP. EISSLER: Yeah. Most of it's development. Those tests are ready to go.

REPRESENTATIVE BURNAM: Did we spend it in House Bill 1.

REP. EISSLER: No this was from last session?

REPRESENTATIVE BURNAM: It was spent last session and it's all going to one firm.

REP. EISSLER: They're the ones that got the contract.

REPRESENTATIVE BURNAM: All right. Well, if we're spending a half billion dollars and the tests will not count or don't -- doesn't have to count toward the end of course.

REP. EISSLER: They all count.

REPRESENTATIVE BURNAM: They all count.

REP. EISSLER: They all count for the school's accountability. You know, we give a TAKS test right now in ninth grade and it doesn't count for anything and the scores have been going up over the past few years because, yes, the school decides it. The school decides how much to count it.

REPRESENTATIVE BURNAM: But in House Bill 500 it doesn't say that. It said it doesn't count.

REP. EISSLER: It counts. We've got it in the bill. Okay. Page 2. School district shall come comply with State Board of Education rules, no, that's not it. District will adopt a policy whether a student's performance on any end of course assessment listed in this subsection 2 -- student enrolled will be used by district in determining the student's final grades for the course. First page.

REPRESENTATIVE BURNAM: I have got it I got it, thanks, Rob.

REP. EISSLER: Thank you Leo.

THE SPEAKER: Representative Smith, for what purpose?

REPRESENTATIVE SMITH: Will the gentleman yield for a question?

THE SPEAKER: Representative Eissler do you yield?

REP. EISSLER: Yes, I will.

THE SPEAKER: He yields.

REPRESENTATIVE SMITH: Chairman Eissler, I share some of Representative Burnam's concerns regarding this legislation and I want to -- I want to ask you about them. I am completely supportive and fine with what you have stated is your goal of providing district's discretion on setting the percentage that will count toward a student's grade, but what I disagree with you about is whether or not there should be a floor on their discretion to do so. By adopting this bill we are expressly as a matter of state policy, allowing districts to preclude these tests from counting at all toward a student's score and I don't understand why, as a matter of public policy we would want to do that.

REP. EISSLER: It's a matter of allowing school districts to decide based on how -- how much they want to count it. You know some school districts will count it 20 percent, maybe -- they'll instead of having their course, make the end of course examine. This -- I'm trying get out of the micro managing the school business from Austin.

REPRESENTATIVE SMITH: I would be happy to support an amendment that said that school districts shall count these tests at least 15 percent, at least some percentage so that there is a floor association that the people on this floor can rest assured that these tests are going to count for both the students and the school district. So that we have a real accountability system.

REP. EISSLER: Actually the letter that Representative Burnam was referring to and some of the others I think that was their biggest gripe was we weren't letting the schools make the decision rather than sitting here in Austin and telling them. I was in the meeting that determined the 15 percent and you know, you now how we come up with 15 percent? We said how about 15 percent.

REPRESENTATIVE SMITH: And do you agree that if we -- under this bill, students may fail and fail miserably 8 out of 12 tests and still graduate.

REP. EISSLER: They can fail 8 out of 12 tests under current law.

REPRESENTATIVE SMITH: But under current law the average counts towards their graduation requirement and therefore every test counts; isn't is that correct.

REP. EISSLER: Yes. Let's look at it another way you got to pass English 3 and algebra 2, two college ready courses. Okay. So if you're going to get a zero an English 1 and 2 and algebra and geometry with zeros and then you're going pass those tests.

REPRESENTATIVE SMITH: Well.

REP. EISSLER: How likely is that.

REPRESENTATIVE SMITH: I certainly am glad that we still have some tests in your bill that count. I am happy of that.

REP. EISSLER: Now, let's bring up the fact House Bill 3 leaving this floor last session -- by the way after it was voted 147 to nothing required two tests to pass, only two, English 3 and algebra 2. But it also required an acceptable average among all tests. It didn't. No, it didn't. No it did not.

REPRESENTATIVE SMITH: Okay.

REP. EISSLER: No, it did not. And the Senate had one where they said two out of three, that was kind of like Meatloaf. But -- but, it came out of conference as the cumulative score which wasn't in either bill, okay. So if we sit here in Austin and say hey, school district, we are keeping you fully responsible, we are keeping you fully responsible for the performance of every child who takes a test, how long is it going to be before they come up with a percentage.

REPRESENTATIVE SMITH: But those accountability standards have not been do not yet by the commission, have they?

REP. EISSLER: No.

REPRESENTATIVE SMITH: So, we don't really know how the calculation is going to occur and the extent to which each individual district will really have skin in the game in terms of these individual tests that we are now allowing them not to count.

REP. EISSLER: Well, they're all going to have skin in the game.

REPRESENTATIVE SMITH: But we don't know to the extent to which they will because the commissioner hasn't adopted those standards yet, do we?

REP. EISSLER: There's still going to be a pass rate. He's going to set up what the percentage of pass rates for each level will be.

REPRESENTATIVE SMITH: And, in fact, the legislation we passed last session unanimously, that set high standards that we were going to eventually get to require our kids to be college ready, already allows the commissioner to set a passing rate for exams that meets the students where they are. And he is already promised in writing to do so, hasn't he?

REP. EISSLER: Yes.

REPRESENTATIVE SMITH: And so, I don't understand why we adopted unanimously in this body a standard that was touted nationally as raising standards in this state and we are raising the white flag before we even realize there is a problem under circumstances where the commissioner has promised to set the standards and meet the students where they are.

REP. EISSLER: Well, that's in any new testing system, that's how it starts. That's what something that *teams did, that's what tabs did, that's why they start where they are and that's why with you split the passing rate with a college readiness rate. If you put a college readiness as a graduation rate you're probably going to have 75 percent of your kids fail.

REPRESENTATIVE SMITH: So, what it about allowing the commissioner adopt a standard where he has expressly saying he is going adopt standards that leave students where they are. That results in your being uncomfortable in the legislation that you passed last session. What's the problem?

REP. EISSLER: I wasn't uncomfortable with the legislation we passed last session.

REPRESENTATIVE SMITH: Do you not believe this is a substantial retreat.

REP. EISSLER: Not at all.

REPRESENTATIVE SMITH: From the bill that we passed last session.

REP. EISSLER: No. Leaving this House with a requirement to pass two courses. Okay? And this bill is four.

REPRESENTATIVE SMITH: Okay. You're saying that this is actually increasing the standards in Texas as against House Bill 3; is that right? Are you saying that?

REP. EISSLER: Yes.

REPRESENTATIVE SMITH: Is that your position?

REP. EISSLER: Yes.

REPRESENTATIVE SMITH: So you're telling me that under House Bill 3, if they passed two courses it did not matter under House Bill 3 whether or not they -- what score they got on the other ten courses in terms of their ability to graduate; is that your position?

REP. EISSLER: That's not my position. That's -- wait -- wait -- wait -- wait that's not my position. That's what happened.

REPRESENTATIVE SMITH: That's not true, is it? That if they just pass two tests under House Bill 3 it did not matter what their scores were on those other two -- ten tests. That's a misrepresentation of the rule, isn't it?

REP. EISSLER: Leaving the House that's true. What came back in conference was the cumulative score portion.

REPRESENTATIVE SMITH: And basically under House Bill 3 they have to pass a cumulative score or -- I mean, and they have to pass these four exams.

REP. EISSLER: And it had to be -- and it had to be 15 percent of the grade and when school districts looked at how -- having to implement that, with remediation, and testing starting at the freshman year, there were many, very strong and complicated matrix.

REPRESENTATIVE SMITH: So, what you're saying is this is not a major step backwards from what came off the House floor last time but it is a major step backwards from what came out of conference.

REP. EISSLER: No, it isn't. We're taking the same test, the same requirements we just don't have the cumulative score. And we're leaving it up to the districts on how much they weight the final -- the end of course exam towards the final. Kids still have to pass every course to graduate. They have to pass four courses to graduate. They have to pass the course. It's the end of course exam that the state administers that this -- this simplifies.

REPRESENTATIVE SMITH: Thank you.

REPRESENTATIVE ZEDLER: Mr. Speaker will the gentlemen yield?

THE SPEAKER: Mr. Eissler, do you yield?

REP. EISSLER: Yes, sir, I will.

REPRESENTATIVE ZEDLER: Representative Eissler.

REP. EISSLER: Yes.

REPRESENTATIVE ZEDLER: Representative Burnam asked you a question about the amount of money that was being spent on this test. How much will we spend on this the next biennium?

REP. EISSLER: Representative Dutton raises a point of order. The gentleman's time has expired.

REPRESENTATIVE ZEDLER: Mr. Speaker.

THE SPEAKER: Mr. Zedler, for what purpose?

REPRESENTATIVE ZEDLER: Could we ask for an extension of time?

THE SPEAKER: Members, this is the first extension of time. Is there objection? Chair hears none. Time is extended.

REPRESENTATIVE ZEDLER: In the next biennium.

REP. EISSLER: I'll tell you the fiscal note. Well, looks like about $3 million. $3 million.

REPRESENTATIVE ZEDLER: $3 million.

REP. EISSLER: About 3.690, actually and then it's, then it is -- then we save 3.9 in the next year, so we front some money. If you look at the fiscal note.

REPRESENTATIVE ZEDLER: Is to up front the 500 million is that what you're saying.

REP. EISSLER: I'm guessing what you're looking at is those are developmental costs that have been paid.

REPRESENTATIVE ZEDLER: So the developmental cost are 500 million but it only cost 300 million a biennium to implement?

REP. EISSLER: Yeah, per test -- per -- per test, so and how many tests are there. Twelve.

REPRESENTATIVE ZEDLER: Twelve.

REP. EISSLER: Twelve.

REPRESENTATIVE ZEDLER: So that would be 3 million times 12, 36 million. Is that what you're saying?

REP. EISSLER: Twice.

REPRESENTATIVE ZEDLER: Twice.

REP. EISSLER: Biennium.

REPRESENTATIVE ZEDLER: Thank you.

THE SPEAKER: Mr. Aycock, for what purpose?

REPRESENTATIVE AYCOCK: Will the gentleman yield for couple of questions?

THE SPEAKER: Mr. Eissler, do you yield?

REP. EISSLER: Certainly.

REPRESENTATIVE AYCOCK: Mr. Eissler could we have a discussion about what is essentially known as cumulative scoring. Could you explain to me what the cumulative score situation is that we're presently understand.

REP. EISSLER: Cumulative score means you count what -- how many points you got and you have to accumulate enough points so that you've averaged passing on all the tests combined. So let's just say 70, it was -- was -- is the score you need to pass. So no matter how many -- if you take 12 test, that's 840 points. So if you get a 72 on the first test, to maintain a passing level you've got to get at least 68 on the next one and as it moves along.

REPRESENTATIVE AYCOCK: So it could set up a situation in which a student actually passed every course but did not accumulate the right number of points, is that what I'm understanding?

REP. EISSLER: That's correct.

REPRESENTATIVE AYCOCK: In which case the student would not graduate. Is that a correct understanding.

REP. EISSLER: That is correct. So if we leave our present strategy place we would actually drive the graduation rates down and the non-completion rates up, is that a correct understanding?

REPRESENTATIVE AYCOCK: That's an excellent observation. Do you have concerns that if we do not pass this bill that our failure to graduate students will actually soar considerably from where it presently is.

REP. EISSLER: That's exactly right.

REPRESENTATIVE AYCOCK: Thank you.

REPRESENTATIVE BONNEN: Mr. Speaker, will the gentleman yield for a question?

THE SPEAKER: Mr. Eissler, do you yield for a question?

REP. EISSLER: I will.

REPRESENTATIVE BONNEN: Thank you. I think one of the great concerns is it when I carried the bill with you and I think we passed it overwhelming if not unanimously to go away from the current testing model to the end of course exam model, that we would create a much simpler, more classroom based test; is that correct?

REP. EISSLER: Yes, in fact, a lot of the complaints about TAKS where the teacher was teaching the test it was a minimum skills test that would often be focused --

REPRESENTATIVE BONNEN: But I think the concern is though for some reason our school districts still are counting numerous days in the school year that they will have to dedicate for test preparation.

REP. EISSLER: Right.

REPRESENTATIVE BONNEN: Which really would mean we are not achieving that goal.

REP. EISSLER: Well, kids are going to be taking courses and that course exam will be aimed at that course. Teaching that test they are going to have to test them way.

REPRESENTATIVE BONNEN: Yes and no, I guess, because the reality of it is, what's happening is we are simply creating a standardized statewide end of course exam that then requires them to ensure that they understand what's on that exam and that they test to what's on that exam, that it is not as I think many members at least I believed that the exam would be based on what they were learning in that local classroom.

REP. EISSLER: Well.

REPRESENTATIVE BONNEN: You still have a standardized statewide created test, correct?

REP. EISSLER: That's correct.

REPRESENTATIVE BONNEN: Let me also ask you.

REP. EISSLER: But there's a bit of a difference here when you have college readiness. You can be a big star on TAKS and is that going to help you get to college? Probably not. It will get you graduated but if you take -- if.

REPRESENTATIVE BONNEN: I'm not trying to debate college readiness. My concern is that we're replacing a test but we don't seem to be achieving the goal which was creating a simplicity --

REP. EISSLER: That's what we're doing --

REPRESENTATIVE BONNEN: Let me move to my next area of concern.

REP. EISSLER: That's what we're doing with this. Okay.

REPRESENTATIVE BONNEN: We have tested students and teachers to death in this state, in my opinion.

REP. EISSLER: Okay.

REPRESENTATIVE BONNEN: What bothers me overwhelmingly about that reality is that we are short on dollars for education. For where any of us would like it to be in this current or coming biennium. And how much does the performance of students and districts are all of these tests that we require of them. How much does that equate into their funding.

REP. EISSLER: I don't understand.

REPRESENTATIVE BONNEN: Does how your school district perform on all of these tests that we require, does that have any impact on the funding.

REP. EISSLER: Not at this time.

REPRESENTATIVE BONNEN: Okay. So why do we insist on continuing to do testing ad nauseam but yet how we fund our schools has no impact on your performance.

REP. EISSLER: Well, I don't know if you know, but that's -- that's something I've advocated but that's beside this point. The reason we test is to know how effective our teaching is, how much our kids will learn, how much -- how much our schools can handle our curriculum and so we'll know on a statewide basis how our kids are doing. The star test is it takes those targeted exit tests which are English 3, algebra 2 and steps it down to third grade to meaning -- in.

REPRESENTATIVE BONNEN: With all due respect, Representative Eissler, I think most important thing in the State of Texas right now is how schools are funded. I think that was the case two years ago, four years ago, six years ago and it will be ten years from now. And it concerns me greatly that we have created such a significance and emphasis and you're up here, respectfully, defending. But you can see it does have an effect. But yet it doesn't have an impact on what I believe is the most direct and significant outcome of how students will perform in a district and that is how we fund that district. So we're going to continue to test ad nauseam but we're not going to let that be a part of the equation into how we fund a district so --

REP. EISSLER: So you're adding an additional incentive for school districts to do better on their tests.

REPRESENTATIVE BONNEN: No, I'm not advocating additional incentives. I'm advocating that within the formula, how you perform testing that we find so vitally important and significant in the State of Texas be part of that equation.

REP. EISSLER: Objection.

REPRESENTATIVE BONNEN: So, when are we planning to do that, Mr. Chairman.

REP. EISSLER: Oh, we'll get that done.

REPRESENTATIVE BONNEN: Well, it concerns me, Mr. Chairman that we're cutting education across the board. And in my district, we have one of the lower per people costs per student based on the highest test performance schools in the state.

REP. EISSLER: I will work with you on an amendment to the school financing. So we can -- we can hook that into performance. Well, I'm curious why that would need to be an amendment on school finance because quite candidly, Representative Eissler, I'm beginning to find offense to the fact that we come up here every two years and we continue to beat the hell out of the teachers and the students over testing but the most significant thing we provide is funding and that's not a part of how we decide what their funding is. I think it's time we started doing that, Representative Eissler. We don't need amendments by me which you know quite, frankly, you aren't taking very seriously. I think it's time we decided testing is so damn important to Texas it should be a part of their funding. I take that very seriously and you may be surprised.

REPRESENTATIVE HOWARD: Madam Speaker.

THE SPEAKER: Representative Howard, for what purpose?

REPRESENTATIVE HOWARD: Will the gentleman yield for a question?

THE SPEAKER: Do you yield? The gentleman yields.

REPRESENTATIVE HOWARD: Thank you. Rob, I know you've probably been hearing from, have you not, a lot of school districts, superintendents, school board members, PTA, parents about the concerns about the communication of the new accountability system.

REP. EISSLER: Yes.

REPRESENTATIVE HOWARD: I know I have too and I actually have a note from one of my superintendents who came by the other day and did you know he was having to look at this huge multimillion dollar reduction in his M and O operations and he has had to start cutting and I guess you know, Rob, that a lot of schools are already cutting their teachers. Right. Cutting staff and have you not heard people say we need cut outside of the classroom, have you not heard that.

REP. EISSLER: Yes.

REPRESENTATIVE HOWARD: So he.

THE SPEAKER: Representative Taylor raises a point of order the gentleman's time has expired. The point of order is well taken and sustained. The following amendment. Clerk read the amendment.

THE CLERK: Amendment by Eissler.

THE SPEAKER: Chair recognizes Representative Eissler.

REP. EISSLER: Members this amendment simply clarifies the ARD committee determines a special ed students, the assessment requirements for graduation. It's special ed amendment for ARDS and it's acceptable to the author.

THE SPEAKER: Representative Eissler sends up an amendment. The amendment is acceptable to the author. Is there any objection? Hearing none. The amendment is adopted. Following amendment. The clerk will read amendment.

THE CLERK: Amendment by Eissler.

THE SPEAKER: Chair recognizes Representative Eissler.

REP. EISSLER: Members this amendment requires students entering ninth grade to be informed of revised graduation requirements in this bill in the beginning of the school year.

THE SPEAKER: Representative Phillips.

REPRESENTATIVE PHILLIPS: Will the gentleman yield for a question?

THE SPEAKER: Will the gentleman yield?

REP. EISSLER: Yes, I will.

REPRESENTATIVE PHILLIPS: Could you explain that again real quick what you just said, the amendment.

REP. EISSLER: This is actually, we had them backwards. I think they put three first. Which one are you talking about?

REPRESENTATIVE PHILLIPS: The one we're on right now.

REP. EISSLER: This is the admission review, the ARD committee.

REPRESENTATIVE PHILLIPS: No, no you've already passed that one. It's the one --

REP. EISSLER: Well, this is the cumulative score option that it deletes.

REPRESENTATIVE PHILLIPS: Okay. It deletes the cumulative score option.

REP. EISSLER: Yes.

REPRESENTATIVE PHILLIPS: And what does this mean?

REP. EISSLER: This cumulates enough points to pass all of the tests.

REPRESENTATIVE PHILLIPS: That was not currently in the bill?

REP. EISSLER: Yeah, it was in the -- I mean, it was in the bill as a -- as an aside, but what -- but what -- what we did, basically made this not necessary.

REPRESENTATIVE PHILLIPS: Okay. I just want to make sure that's one of the things that Mr. Smith seemed to be upset about and others or few the rest of us like the simplification because it's the way the House did it to begin with and they sent back to us some kind of outrageous score you had to manage and the counselor is going to have to say well what's my score. And it didn't matter -- and it didn't affect -- didn't matter what level if you're going to get -- what's the three tracts you were on; is that correct.

REP. EISSLER: Your correct.

REPRESENTATIVE PHILLIPS: And your bill takes this down to each track has its own requirement.

REP. EISSLER: Correct.

REPRESENTATIVE PHILLIPS: Is that correct?

REP. EISSLER: Each subject area, right.

REPRESENTATIVE PHILLIPS: Right. And so, some of the students in my district that choose -- you know, they said you know college is not where I want to go I want to get out and go be -- go this way with my career, and they take the standard or the basic.

REP. EISSLER: You're talking about minimum recommended or advanced.

REPRESENTATIVE PHILLIPS: Right. So you could take different levels; is that correct.

REP. EISSLER: That's correct.

REPRESENTATIVE PHILLIPS: And that's that you're bill does it kind of says, hey, we've got different -- it's not one size fits all. You have to have a score and if you're not planning on going to college so what if you don't get -- you're not able to graduate, you don't get a diploma, I mean, that's kind of where we are today right.

REP. EISSLER: Right.

REPRESENTATIVE PHILLIPS: Cumulative you-all have to have certain score every student.

REP. EISSLER: Correct.

REPRESENTATIVE PHILLIPS: Every students has to have the same cumulative average before they graduate.

REP. EISSLER: And that was a big part of what school districts responded to. That it was very cumbersome and complicated.

REPRESENTATIVE PHILLIPS: Cumbersome and complicated requires more people to spend more man hours to do that. So when we say, you know, you need cut some administration back home, and we make them have to have more administration, that's not quite being really honest with them, is it?

REP. EISSLER: Correct.

REPRESENTATIVE PHILLIPS: Thank you for simplifying it and answering the question about your amendment.

REP. EISSLER: Thank you, thank you.

THE SPEAKER: Members, please look at your screen. We want to clarify that the amendment that we're on right now is the amendment that is on your screen. Representative Eissler sends up an amendment. It is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Eissler.

THE SPEAKER: Chair recognizes Representative Eissler.

REPRESENTATIVE EISSLER: Okay. This amendment is for students who enters eighth grade in the 2010/11 school year. Notice under this subsection provided not later the date the student enters the ninth grade. So before school he's got to know the requirements for graduation applicable to the student and it's acceptable to the author.

THE SPEAKER: Members, Representative Eissler sends up an amendment. It's acceptable to the author. Is there any objection? Hearing none. The amendment is adopted. Following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Hochberg.

REPRESENTATIVE COOK: Chair recognizes Representative Hochberg.

REP. HOCHBERG: Thank you members. Members, if I could get your attention for a second I think this is an important amendment. A lot of time we get frustrated here because we think we've done one thing and an agency tells us we told them to do something completely different. Those of you who followed last summer we had a controversy over the Texas Education Agency using projected scores to measure success instead of actual scores and as a result an awful lot of school ratings went up without actually being able to demonstrate the performance went up. When I questioned that and Mr. Eissler and others questioned that, the commissioner pointed to a specific section of the education code and, said this tells us to do what we're doing. I don't read it that way. But I want to make absolutely sure the commissioner knows we don't read that way either. So what this amendment says is that the purpose of a projection is to set expectations but if you're measuring growth you need to report actual growth, not the projection. I don't believe there's any opposition to this. I believe it's what we said we were going to do in the first place, but I would like to make clear with your permission to the commissioner and to the agency that we know what we're passing and we mean it. So I'm going to move adoption and I'm going to ask for y'all to join me in a record vote on this particular amendment. Move adoption. And it's acceptable to the author.

THE SPEAKER: Representative Eissler sends up an amendment. The amendment is acceptable to the author. Is there any objection? Members, a record vote has been requested. A record vote has been granted. Clerk will ring the bell. Show Eissler voting aye. Have all members voted? Have all members voted? 145 ayes, 0 nays, the amendment i is adopted. Following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Hochberg.

THE SPEAKER: Chair recognize Representative Hochberg.

REP. HOCHBERG: Thank you, Madam Speaker and members and thank you members for that vote. This amendment clarifies that if an eighth grader takes a high school test early because they're taking a high school course early and they take the high school end of course algebra test that they don't also have to take the eighth grade TAKS or STAR test and that they're eighth grade test -- their algebra test end of course will count to indicate their performance and they won't have to be double tested. It's acceptable to the author. I move adoption.

THE SPEAKER: Members you've heard the motion. Representative Hochberg sends up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair lays out the following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Phillips.

THE SPEAKER: Chair recognize Representative Phillips. Thank you, members, and I think just -- what this amendment does take if you take time to read it, it allows for a waiver for the next two years of the entry of this exam. And that's what a lot of us are hearing when we have a tough time and we know that there's already been developmental costs but there's also a lot of costs for implementation of it. And what it does is it postpones the entry for two years and then it asks -- tells the commissioner to seek a waiver from the federal government for the next two years. Now we've not been real successful with that always, with this current administration but I bet if we all work together we could see that happen and if the waiver is not granted it will just simply allows the school districts to do an appropriate assessment in place of the exit level or end of course exam. So they can use the standard stuff that they already have and we'll let the local school districts to do this. This is to try to provide them some relief and again, this is extraordinary times, this the not ordinary times, if it was ordinary times, we would be -- I would be not even offering this, but this is what in talking to folks around the state and even here, this is a suggestion that has come up that we just delay this. That will also give us time for them to work on the end of course exams. I'm all for the end of course exams. I think it's much better than TAKS test. It allows the teacher to teach the actual class and be tested on the class that they're teaching. I think it's an credible opportunity that's what I've heard from teachers and that's one of reasons we went to end of course exams. This just says we're going to slow down. It doesn't maintain the TAKS test because the last thing I want to do the is maintain the TAKS test or the current testing formula that we have.

REPRESENTATIVE BONNEN: Madam Speaker.

THE SPEAKER: Representative Bonnen, for what purpose?

REPRESENTATIVE BONNEN: Would the gentleman yield for a question?

THE SPEAKER: Do you yield Representative Phillips.

REPRESENTATIVE PHILLIPS: Yes.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE BONNEN: I want to make certain I understand what you're doing. You're allowing them to ask for a waiver from implementing the end of course exams, correct?

REPRESENTATIVE PHILLIPS: Right, this test.

REPRESENTATIVE BONNEN: And if the -- and if the federal government doesn't agree to that, I did hear you correctly?

REPRESENTATIVE PHILLIPS: Right.

REPRESENTATIVE BONNEN: Create within the local district their own assessment end of course exam.

REPRESENTATIVE PHILLIPS: Right. They have to do -- no, they have to do their own testing that would comply with federal government. If the federal government -- if it's determine the federal government doesn't require for each class and each grade to have that test then they won't have to do that.

REPRESENTATIVE BONNEN: Representative Phillips, I think you have an outstanding amendment and let me ask you, why would this concept not be available to them long term? And I'm not criticizing the amendment but my question is, I think, overwhelmingly when we pass going to end of course exams the belief what was your doing in your amendment is what would occur. The districts would meet the federal standard and assess their students on what they taught them in that district at the end of that course. As happened when I was in school.

REPRESENTATIVE PHILLIPS: You bet, you bed. I think that's exactly right, you know --

REPRESENTATIVE BONNEN: So would it maybe be more appropriate to call your amendment a pilot program to see whether our local districts, which I believe they can, have the ability to take end of course examination into what I believe this body intended it to be which was a localized test, meeting the standards of what was to be taught to that student and that district that year.

REPRESENTATIVE PHILLIPS: I think that would be a great thing to call it, a test pilot. And again I want to say --

REPRESENTATIVE BONNEN: So I would ask maybe for you to accept a friendly amendment that would say if this is successful, when we come back here in two years we implement it for the long term. Allowing these districts to continue to control their local end of course testing because that's what we were intending to do when I helped carry that bill.

REPRESENTATIVE PHILLIPS: I think that we have -- I don't know that the amendment is necessary I think we can do that when we get back and I would certainly -- and let me say this about standardized testing. We have to be very careful when we're talking about this because I do believe, especially for those younger grades, that if we don't have across the board for those young kids to identify those kids that cannot have -- that have problems reading just like any kids did, if they had troubles we have to identify those areas and put the resources necessary early. This, again, some of us need to make sure we understand, this is talking about after eighth grade is what we're talking about here. This is not dealing with the lower testing.

REP. HOCHBERG: Mr. Speaker.

THE SPEAKER: Representative Hochberg, for what purpose?

REP. HOCHBERG: Will the gentleman yield?

REPRESENTATIVE PHILLIPS: I will gladly yield.

THE SPEAKER: Will you yield. The gentleman yields.

REP. HOCHBERG: Chairman Phillips, I'm sympathetic to what you're trying to do I have an amendment that sort of goes halfway or maybe not even halfway but does a pilot to try to figure out how much testing we really need. My real concern is that in the process of researching my amendment I haven't found other than one school in a limited circumstance maybe anytime when the federal government has approved a waiver as broadly as anything like your proposing. Are you aware of any situations where they've done that.

REPRESENTATIVE PHILLIPS: You know I'm not and if they don't, then we're going to let the school districts do what --

REP. HOCHBERG: But even that -- I mean they require a standardized state test, not a school district test process, to my knowledge, anywhere, and so I'm just wondering what the effect of your amendment would really be.

REPRESENTATIVE PHILLIPS: Well, it may be at the end of the day the school districts say you know what, send us that test. That's going to be their opportunity, the local school districts, to do that, to find those tests. You know, again, it's time that we say enough testing and testing all the time. I got a little deal in my -- a newspaper article -- letter from a superintendent who works hard and, you know, 45 days they're going to be testing out of the school year.

REP. HOCHBERG: Actually that's out of five years, but that's okay.

REPRESENTATIVE PHILLIPS: No, no, no I'm not talking about in a year. I'm talking about 45 days a year the school districts have to test.

REP. HOCHBERG: No, Mr. Phillips, I don't actually believe that's correct.

REPRESENTATIVE PHILLIPS: When wrote --

REP. HOCHBERG: What he may have said they do pretests and practice tests and the 45 day number I heard was associated with 5 years of testing but that's neither here nor there.

REPRESENTATIVE PHILLIPS: Yeah, and he may have been fibbing a little bit in the letter but I think he's a pretty hard working superintendent and he cares about those kids and teachers and I think this amendment will give the relief that they need in these is extraordinary times. We took a tough vote on HB 1. This is extraordinary times and --

REP. HOCHBERG: Do you believe that we should because of those times, being what they are, don't you believe that not withstanding those times being what they are, don't you believe that at least the kids who are easy to ignore and are on the bottom of the stack deserve at least to have the light shed on them about what schools are performing and which ones aren't.

REPRESENTATIVE PHILLIPS: That's exactly why we have this testing regimen.

REP. HOCHBERG: Right.

REPRESENTATIVE PHILLIPS: But we're talking about extraordinary times. We're not talking about next two years. We're talking about cuts across the state because of extraordinary times and that's all we're talking about. I'm not saying we don't need to have assessments long term and that's not what this amendment does. We can debate that as to how much testing. I mean, do we just need to have it in eighth grade and in twelfth grade and we don't need it all those years below. As I've said we have to identify those kids and the ones that can be easily ignored this is why we have the testing at the early ages.

REP. HOCHBERG: Mr. Chairman, I have an amendment up behind yours that I originally offered as a full blown program also with a concern about federal waivers. I'm offering as a pilot program to figure out whether in a number of grades we can just test the kids who failed in the previous year. I think we have a lot better chance in getting that approved and I hope you'll join me on that amendment.

REPRESENTATIVE PHILLIPS: And I will. And I was hoping that that was going to be a bill of yours that came out so I'll certainly agree. We need the right testing and we need to identify what years and I know that early on we have to. And we can't have kids that are just continually passed along and I don't think that's happening today like it was in the past.

REP. HOCHBERG: No, but it still can be and I would hope you would join with me on mine and work together to see -- to make sure that happens and it doesn't get stripped off at some point. Because I can't agree -- I can't agree with just debating it completely it in the high school years challenges we have in high school.

REPRESENTATIVE PHILLIPS: Well, I'm tired of the House putting amendments on. The House speaker goes over there and it comes back and it's never what the House wants.

REP. HOCHBERG: I agree with you.

REPRESENTATIVE PHILLIPS: I think we need to stay together and say it's enough. The House needs to have some input in these -- these important issues on our schools.

REP. HOCHBERG: I agree with you and I hope you'll join me on my amendment and work together to get it passed. Thank you.

REPRESENTATIVE PHILLIPS: Thank you.

THE SPEAKER: Representative Burnam for what purpose?

REPRESENTATIVE BURNAM: Will the gentleman yield?

REPRESENTATIVE PHILLIPS: I will.

THE SPEAKER: He yields.

REPRESENTATIVE PHILLIPS: I yield Representative Burnam.

REPRESENTATIVE BURNAM: I'm paraphrasing what you say. You said these are extraordinary times. Why don't we just put a two-year moratorium on K through 12 through.

REPRESENTATIVE PHILLIPS: Well, this bill is a -- well that's beyond what this bill will do.

REPRESENTATIVE BURNAM: Right. And so I certainly would have considered something like that we can only -- what this bill only does eighth grade and above -- I mean above eighth grade. So that's why -- and -- and if I just had an absolute moratorium then he was going to get up and say we're going to loose our federal education fund and so that's why we had to come up with the opportunity to -- the best choice which is we're going to stop it. If that doesn't work, then we're going to let the local school districts use their own abilities to provide those testing. So, the grades K through eighth will continue with TAKS testing; is that correct?

REPRESENTATIVE PHILLIPS: Well, the current testing that's in place, yes.

REPRESENTATIVE BURNAM: The current testing that's in place. Okay.

REPRESENTATIVE PHILLIPS: Because we didn't do end of course exams for those younger -- younger grades.

REPRESENTATIVE BURNAM: All right. So you have a two-year moratorium from ninth through twelfth grades.

REPRESENTATIVE PHILLIPS: Right.

REPRESENTATIVE BURNAM: Good amendment, thank you.

REPRESENTATIVE OTTO: Madam.

THE SPEAKER: Representative Otto, for what purpose?

REPRESENTATIVE OTTO: Will the gentlemen yield for some questions?

THE SPEAKER: Do you yield for a question.

REPRESENTATIVE PHILLIPS: Yes.

THE SPEAKER: Yes, the gentleman yields.

REPRESENTATIVE OTTO: Thank you Representative Phillips. I -- I think I agree with what I think you're trying to do. The waiver request I really do agree with. My concern is this: As I read your amendment, if, for any reason, the waiver is rejected, your amendment goes on to say that you then use what is in place.

REPRESENTATIVE PHILLIPS: No, no, no.

REPRESENTATIVE OTTO: What happens if the -- tell me -- tell me what happens.

REPRESENTATIVE PHILLIPS: It's local control. This is what it says, if a waiver is -- if the waiver is not granted, district shall administer to district students during those years appropriate assessments and appropriate assessment interests in place of exit level or end of course assessment instruments as necessary to comply with federal law.

REPRESENTATIVE OTTO: So each district --

THE SPEAKER: Representative Sheffield raises a point of order. The gentleman's time has expired. The point of order is well taken and sustained.

REPRESENTATIVE OTTO: Madam speaker.

THE SPEAKER: Yes, Representative Otto.

REPRESENTATIVE OTTO: I would move gentleman's time be extended.

THE SPEAKER: Members, you heard the motion time be extended. Is there any objection? Hearing none. Time is extended.

REPRESENTATIVE OTTO: So, as I understand what you just read to me, what you're saying is that each district would then determine what the measurement would be.

REPRESENTATIVE PHILLIPS: It just says the district -- this is what it says, district shall administer to district students during those years, appropriate assessment instruments in place of the actual end of course exams as necessary to comply with federal law.

REPRESENTATIVE OTTO: All right. So what are appropriate assessments.

REPRESENTATIVE PHILLIPS: That's something that -- that's something that is going to be -- that they're going to have to determine.

REPRESENTATIVE OTTO: Who is they the district.

REPRESENTATIVE PHILLIPS: That's right the district.

REPRESENTATIVE OTTO: So, it's not the state. So we're going to end up with each district determining what they think they can get by with.

REPRESENTATIVE PHILLIPS: Yeah, that's exactly right.

REPRESENTATIVE OTTO: Will the feds grant a waiver where each district is making that determination.

REPRESENTATIVE PHILLIPS: No. There's national recognized test that they could do. There's other states that have these tests. We're letting the school districts in the next two years what's going to be most affordable for them. They could go back and say we want to do a TAKS test. These are the -- their determination of letting the local school districts do this.

REPRESENTATIVE OTTO: Okay. Well, I'm all for local control. My question is, is under your amendment are we sure we can get federal approval to do what you say, if they turn down the waiver.

REPRESENTATIVE PHILLIPS: I don't think we have to ask federal approval to approve each of our programs. But that's the problem we're having is we're having to go to the federal government to approve everything down here and that's part of the problem out.

REPRESENTATIVE OTTO: Well, I agree with you on that. But your amendment says -- you're asking in your amendment to ask for a federal waiver.

REPRESENTATIVE PHILLIPS: I'll tell you what these school districts work very well across the state and I think that they're going to be able to come up with a suitable test that meets federal law and TEA is going to help them.

REPRESENTATIVE OTTO: Make sure I understand that was my original question. Each district, then, if the federal waiver is not granted, each district has to come up with the suitable assessment; is that correct?

REPRESENTATIVE PHILLIPS: Right.

REPRESENTATIVE PATRICK: Ms. Speaker will the gentleman yield?

UNIDENTIFIED SPEAKER: These sunset bills on the major state calendar. There's going to be House Bill 2271 which is the racing commission. I'm going to be carrying that bill in.

REPRESENTATIVE COOK: And also we're going to have House Bill 1808 which is the continuation of the soil and conservation -- state soil and water conversation board. They'll both be eligible Friday morning at 10:00 o'clock which means that 10:05 which means that we'll have to have any amendments in Thursday morning at 10:05.

UNIDENTIFIED SPEAKER: How late will the chief clerk's office be open to accept amendments.

THE SPEAKER: Clerk's office will be open until 10:00 p.m. to night.

UNIDENTIFIED SPEAKER: And when would those prefiled amendments be made available to the members.

THE SPEAKER: Ms. Patrick requests a yield for a question?

REP. PHILLIPS: I do.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE PATRICK: Your intention to local control I'm certainly an advocate for that. I want to clarify in your amendment what you're attempting to do. In giving the districts local control, then, are you saying that they have the responsibility to select from TAKS or select from end of course or --

REP. PHILLIPS: That's what's great about local control, is that they can make those decisions themselves and we've got some great school districts across the state that are real big and they've got all these people in the administration building that probably have already thought through this type of scenario. And our communities we have Education Service Centers and coops that work together to come up with these things. And I feel pretty comfortable that the local school districts will be able to do it. Now, it's our plan that this doesn't happen. The plan is that because it's an extraordinary time, we can go through this and you know what, my school districts that I have are going to make sure that those kids are prepared. They're going to continue to teach those kids even without a test. I believe that. And they're going to try to put the best on those kids. Now, should we do that long term? Take that governor off long term or that, no. And I think that the things that you know Representative Hochberg's study would be great to figure out what is right that mix.

REPRESENTATIVE PATRICK: You mentioned extraordinary times and my concern is that we're actually burdening the district with additional responsibility and time and time equals money that they'll have to spend --

REP. PHILLIPS: And I bet there's a few superintendents and a few school districts watching this debate right now. Some of them may be mine -- and I'd say hi to them and thanks for their hard work. And I bet by third reading if the superintendents and those don't think that they can go this route we'll hear from them.

REPRESENTATIVE PATRICK: One final question. How will this work with accountability system when we are trying to compare school districts with light demographics across the state to be able to determine performance levels.

REP. PHILLIPS: I guess that's the point, the overall point. In extraordinary times, you know what, I mean I'm hearing from my school districts that they get $4,700 per student. I don't know how much yours get on the yearly basis do you know. What's yours?

REPRESENTATIVE PATRICK: About $5,200?

REP. PHILLIPS: $5200. We get others that get $4,700 per student per year. They're working hard on that and they don't have a big fund balance. And again I've got different school districts that have different scenarios.

REPRESENTATIVE PATRICK: But again my question.

REP. PHILLIPS: But the question -- I'm getting the answer. At this time we're asking extraordinary times, whether that school district does well compared to a school district in east Texas or South Texas for the next two years while they're trying to determine how they're going to maintain the schools, keep them open, not lay off teachers, that's what they're focusing on the next two years. We need to give them the freedom to focus on that and let them put their goodwill towards it. And you know what they're going to teach those kids because that's what they're in the business and that's why they're teachers.

REPRESENTATIVE PATRICK: I have a lot of confidence in the school districts, as well. But under your amendment then there would not be a way to compare district to district of like demographics.

REP. PHILLIPS: Not for the next testing period as I said through there. We're going through 2014, that's exactly right.

REPRESENTATIVE PATRICK: Thank you.

REP. PHILLIPS: Thank you.

THE SPEAKER: Representative Aycock for what purpose?

REPRESENTATIVE AYCOCK: Will the gentleman field for a couple of questions?

THE SPEAKER: Do you yield for a question.

REP. PHILLIPS: Yes.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE AYCOCK: Representative Phillips, I realize we're all reluctant in this chamber to speculate what happened, might happen at the other end of hall. Do you believe that if your amendment goes on that this is likely to have any success with the bill in the other end of the hall?

REP. PHILLIPS: You know, my point earlier when I kind of got animated was the fact we put some pretty good stuff in our education bills over here. Do you know that the overall amendment if they would have thought about the plan well, you know, we could have reduced TAKS tests previously if the House -- House's bill would have passed before. We need to work with them and work with the Senate and I look forward to doing that. I guess that's all I need to say about that.

REPRESENTATIVE AYCOCK: Would you agree that if this amendment goes on and the bill does not get considered in the Senate then we wind up in that case with the present situation which I believe is far worse than HB 500 prevents.

REP. PHILLIPS: Well, I think we need to be the House and they need to be the Senate. And I bet they've got bills over here they would like to have considered too. And I know they want to work with us. I think my Senators would love to work with us on these kind of issues.

REPRESENTATIVE AYCOCK: Thank you.

REP. PHILLIPS: Thank you.

THE SPEAKER: Representative Berman, for what purpose?

REPRESENTATIVE BERMAN: Will the gentleman yield?

REP. PHILLIPS: Yes.

THE SPEAKER: The gentleman yields for a question.

REPRESENTATIVE BERMAN: I have two things. Representative Patrick just asked a question how are we going to measure performance among the school districts over the next biennium. Do you remember when we got notification that when the school was flying in exemplary banner, only 40 percent of that school had to pass the TAKS test. Forty, 40 percent gave you an exemplary for your school. And on the second point that was just made, I could care less what the Senate does. We need to do what we're going to do here in the House and if they don't like it they could try and change it but we won't. We got to stick to what we're doing now to get a graduate at a public school who can go to college and take college work and not spend a year in remediation in math and English costing that college a million dollars a year. Thanks.

REP. PHILLIPS: Thank you. I move passage.

THE SPEAKER: Chair recognizes Representative Eissler. Chair recognizes Representative King for a recognition.

REPRESENTATIVE KING: Thank you, members for the interruption. I wanted to recognize we have some students from Trinity Christian Academy in Parker County, if you guys would stand. And we want to applaud you for being here and also for not having to take this test we're debating about. Since you go to a private school. But thank you very much.

THE SPEAKER: Chair recognizes Representative Eissler to speak in opposition.

REPRESENTATIVE EISSLER: Thank you, Madam Speaker. Members, delaying this testing, will basically dismantle our accountability system. Right now, when you -- and as I mentioned before you, when you change over a different testing system, there are certain parts of it, for example, in 2012 there won't be accountability ratings. Okay. In 2013 it won't be -- there won't be the college readiness scores. And that so the school district can get used to how the tests are handled, what's being tested, and that's a normal transition for school districts. Now, if you you're looking for a federal waiver isn't that the same place that we're waiting for $830 million? So, what are the chances of that happening? And thirdly, we need the data, we need data to accumulate so we know how to adjust our curriculum and other school districts know how adjust their curriculum to do better on these tests and that's why --

REP. HOCHBERG: Mr. Speaker -- Madam Speaker.

THE SPEAKER: Representative Hochberg for what purpose?

REP. HOCHBERG: Will the gentleman yield?

REPRESENTATIVE EISSLER: Yes, I will.

THE SPEAKER: The gentleman yields for a question.

REP. HOCHBERG: Thank you. First can I ask you, Mr. Chairman, to get closer to the mike because we can't hear you back here.

REPRESENTATIVE EISSLER: Okay.

REP. HOCHBERG: Mr. Chairman, the next two years -- the two years that Mr. Phillips amendment would delay are two years where schools are not going to have these tests count for their accountability rating statement, isn't that correct?

REPRESENTATIVE EISSLER: That's correct.

REP. HOCHBERG: Isn't this already a shakedown period for those tests for the next two years.

REPRESENTATIVE EISSLER: That's exactly what it is.

REP. HOCHBERG: Isn't is true that we expect that -- that if we delayed this we would then have to go through that shakedown period even though we spent the money to develop the test.

REPRESENTATIVE EISSLER: Right. That's correct. We'd be throwing away the money that we've already spent.

REP. HOCHBERG: Or at least not be able to make use of it.

REPRESENTATIVE EISSLER: That's correct.

REP. HOCHBERG: Is it -- is it true that with your bill, students will no longer, at least, for the next two years, be retained or held back as a result of the testing of the new test.

REPRESENTATIVE EISSLER: That's correct.

REP. HOCHBERG: Would this amendment if it passed do anything except for delay for two years what we're going to do anyway.

REPRESENTATIVE EISSLER: That's correct.

REP. HOCHBERG: Thank you, Mr. Eissler.

REPRESENTATIVE EISSLER: Thank you, Mr. Hochberg.

REPRESENTATIVE CHISM: Madam Speaker.

THE SPEAKER: Representative Chism for what purpose?

REPRESENTATIVE CHISM: Will the gentleman yield for a question?

REPRESENTATIVE EISSLER: I yield.

THE SPEAKER: Does the gentleman yield for a question?

REPRESENTATIVE EISSLER: I will.

THE SPEAKER: He yields.

REPRESENTATIVE CHISM: Can you give us an idea -- there's been some rumors out here that if we take this amendment that Uncle Sam may not give us the money. Can you tell us about that. Is it a billion dollars, is it 100,000.

REPRESENTATIVE EISSLER: Are you talking about the 830 -- are you talking about 10 percent of our budget that comes from federal funds.

REPRESENTATIVE CHISM: 10 percent is what I'm --

REPRESENTATIVE EISSLER: Yes.

REPRESENTATIVE CHISM: About. Which one.

REPRESENTATIVE EISSLER: Well 10 percent I think -- I think we're 43 percent state money, 47 percent local funding and 10 percent federal in -- in our foundation school, in our school spending.

REPRESENTATIVE CHISM: Okay. Then what you're telling the body here is that we will lose all federal funding. And so, they would have nothing to do with our schools after that; is that correct?

REPRESENTATIVE EISSLER: That's right.

REPRESENTATIVE CHISM: So we could operate Texas with Texas money.

REPRESENTATIVE EISSLER: Yes and 10 percent less than we even have now.

REPRESENTATIVE CHISM: Thank you.

THE SPEAKER: Relative Strama, for what purpose?

REPRESENTATIVE STRAMA: Will the gentleman yield for a question?

THE SPEAKER: Gentleman yield for a question? He yields.

REPRESENTATIVE STRAMA: Thank you. I just want to say I've got a lot of sympathy for the proponents of these amendments because we're all frustrated with the punitive way in which testing has been administered in this state. But doesn't your amendment get us much closer to the best highest use of testing by letting schools use it for diagnostic purposes, tailoring instruction to the specific needs of students and, frankly, taking the state's foot of the neck of school districts for a couple of years while we're in this transitional state.

REPRESENTATIVE EISSLER: That's right.

REPRESENTATIVE STRAMA: They will learn how the test goes. And use it diagnostically. So really it's a good situation to have the testing in the next two years and I just want to say I wasn't here when you adopted this regime that we've been living with for several years now. But I assume you had a discussion at that time about why it's important that kids across the state take the same test. Because if they don't we have no way for a system that manages a thousand school districts on you know tens of thousands of campuses, hundreds of thousands of classrooms, from the state level, we he have no visibility into where the successes and where the failures are. And don't administer the same test to every kid. It doesn't mean we have to say if you don't pass every test you don't graduate. But we do have to use that so that we know where the interventions are necessary. Isn't that where your bill kind of restores us?

REPRESENTATIVE EISSLER: Well, that's what it's about. So you know how different school districts handle the same test.

REPRESENTATIVE STRAMA: I really don't know what we would do. I guess the last point is throughout the committee hearings we've held in public education so far this year there's been a lot of talk about reducing state regulations and state requirements of school districts. But the only way we can do that and not have some uncertainty about what we've done to the quality of education on each campus is if we continue to measure outcomes. And it's the measurement of outcomes that gives us some comfort in some cases in not managing the input only because we keep track of the outcomes. Isn't really the whole purpose of standardized testing in the first place.

REPRESENTATIVE EISSLER: That is. That's how you know how you're doing. And that's what everybody want to know anyway. Even school districts themselves. And in the words of one superintendent spoke to yesterday, we still need the data.

REPRESENTATIVE STRAMA: And I guess my second to last point is that you mentioned the disagreements this body has had with the Senate on this issue. You've introduced a proposal that -- that is probably going to encounter some resistance in the Senate but that is a good starting point for a discussion of those disagreements. Would you say that if -- if these amendments adopt, we're probably going to run into a brick wall in the Senate regrettably.

REPRESENTATIVE EISSLER: I've already been advised that I might have one already but this amendment would probably put another layer on it.

REPRESENTATIVE STRAMA: That's my concern as well. Thank you.

REPRESENTATIVE EISSLER: So with that I move to table this amendment.

THE SPEAKER: Chair recognizes Representative Phillips to close.

REP. PHILLIPS: Parliamentary inquiry.

THE SPEAKER: What is your inquiry?

UNIDENTIFIED SPEAKER: Is there a now a requirement to bring a bill to the floor before it can pass? That we have 31 signatures from the other body to get passage?

THE SPEAKER: There is nothing in the rules of the Texas House that requires -- need members signatures from the Texas senate.

REP. PHILLIPS: Thank you. Madam Speaker. I just ask that you to vote with me. Vote against to table the amendment. To vote to give our school districts the opportunity to have a little relief. Now, some of you might like this to be permanent. Again, this is not forever. This is only eighth grade and above. Or, guys, we're not doing something we just been doing we're doing what we're instituting a whole new testing and if they had two more years to try to work through this to make sure -- now I heard it called a shakedown period, $500 million of tax dollars that we pay sure does seem like a shakedown. I mean that's what we're talking about when we talk about the spending these test costs. They cost to administer these as well. Again, we are not saying that we're not going to have accountability. We're saying for the next time as my friends from west Texas knows, these are extraordinary times and let's show support for our local school districts. Please vote no on the motion to table.

REPRESENTATIVE TAYLOR: Madam chairman.

THE SPEAKER: Representative Taylor, for what purpose?

REPRESENTATIVE TAYLOR: Will the gentleman yield for a question.

THE SPEAKER: Do you yield for a question, Representative Phillips?

REP. PHILLIPS: I do.

REPRESENTATIVE TAYLOR: What you're trying to do you're trying to hold off the STAR test for a couple of years. You're going to ask for a waiver from the federal government to not do any testing and if that waiver is not approved then they're going to do some kind of local test.

REP. PHILLIPS: Yes, if that meets with federal compliance.

REPRESENTATIVE TAYLOR: Well, I'm trying to -- I'm onboard with delaying the STAR test. My question is, why can't we continue to use the TAKS test for two more years while we don't have the money going forward. And then you have to go through the unstandardized test. Now, I'm being told by my local districts that implementing the new tests and all the training you have to do for your teachers and to administer the test, frankly, we don't have the money to do that right now.

REP. PHILLIPS: That's exactly right. And that's why I said if it comes backs and we don't get that waiver, then that's an option that those school districts can do. So they've got that option, Representative Taylor. They're exactly right. They have that option. Please vote no on the motion to table. Vote with your school district.

REPRESENTATIVE TAYLOR: Mr. Phillips.

THE SPEAKER: For what purpose, Representative Taylor?

REPRESENTATIVE TAYLOR: I want to ask a question.

THE SPEAKER: Does the gentleman yield for a question?

REPRESENTATIVE TAYLOR: Would you consider an amendment to amendment to do what I'm projecting like continuing to take the TAKS test.

REP. PHILLIPS: My school districts don't want to continue to take the TAKS test and if they don't have to the next two years why should they have to do that? That's added cost and time.

REPRESENTATIVE TAYLOR: But you have to take a test according to federal law and lose 10 percent of our educational funding if you don't take any test.

REP. PHILLIPS: And we're giving them opportunity, if the school districts want to take the TAKS test this amendment allows them to do that.

REPRESENTATIVE TAYLOR: If we do though, what you're saying some nebulous every district comes up with their own test and that's not something we can administer all this accountability with a test that each district director has come up with on their own.

REP. PHILLIPS: If you want to put an amendment on here to continue the TAKS test, you're more than welcome to try to. I'm not going to accept it.

REPRESENTATIVE TAYLOR: You're not going to accept it.

REP. PHILLIPS: I think this is the answer to the -- I think this is the answer. And certainly if the body want to continue the TAKS test --

REPRESENTATIVE TAYLOR: I'm going to have to vote no on your amendment.

REP. PHILLIPS: Okay. I understand.

REPRESENTATIVE TAYLOR: Thank you.

REPRESENTATIVE MORRISON: Madam Speaker.

THE SPEAKER: For what purpose, Ms. Morrison?

REPRESENTATIVE MORRISON: I'd like to ask the gentleman a question.

THE SPEAKER: Does the gentlemen yield for a question?

REP. PHILLIPS: Yes.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE MORRISON: Chairman Phillips, I understand what you're doing talking about the testing. In talking to my superintendent, his concern is about taking the STAR test is your concern about taking the STAR test, starting something new, or just all testing.

REP. PHILLIPS: It's the fact that in this time because of increased cost because we're implementing a new testing, number one. And, number two, that the added cost of that testing is what we're having to face. So you're exactly right.

REPRESENTATIVE MORRISON: So, basically what you're -- what you're saying is because of the added cost of doing a new test, that you want a waiver to not test at all for two years or just to not start the STAR test.

REP. PHILLIPS: Not test at all for two years because of added cost. That's number one. And number two, not institute the STAR test for two years.

REPRESENTATIVE MORRISON: Okay. So it's not just the STAR test. Okay. Thank you.

THE SPEAKER: Mr. Phillips sends up an amendment. Mr. Eissler moves to table. The question occurs on the motion to table. This is a record vote -- a record vote has been requested. A record vote has been granted. The clerk will ring the bell. The question is on the motion to table. Show Representative Hochberg voting aye, show Representative Patrick voting aye, show Representative Kolkhorst voting nay. Have all members voted? Have all members voted? There being 94 ayes, 51 nays, the motion to table prevails. Following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Bonnen.

THE SPEAKER: Chair recognizes Representative Bonnen.

REPRESENTATIVE BONNEN: Madam Speaker, members, we just had a vote where I was on the losing side with Representative Phillips. In the arguments made against accepting or approving his amendment or that we must continue a uniform assessment to see how our students are performing and we can see how they're doing and that it would be the debilitating to education and to the state to not to do that. With the most significant thing that we do is we fund schools. So what this amendment simply says is that 35 percent of your state funding for school districts of open enrollment, public schools and charter schools will be based on the successful student performance of these assessments. It is time that we quit talking about how important assessment is and that we use it so that people like me can go and brag about how high my district performs. My districts spends about 6500 per student and have outstanding performance on tests. But when I come to Austin, Texas, and we divvy up the funds and decide who gets what you know it he what it means, nothing. Absolutely nothing. It is time that we allowed performance on the testing that we demand they do, they do for more than 20 days a school year, that it counts in the equation as to how a school is funded. We are in a tough budget situation and what have we done we just cut districts right across the board. There is no delineation between a district that is performing with less dollars. I would make an argument that in the State of Texas right now, running an efficient school district is irresponsible. Because if you run an efficient school district then we run low on money we'll cut you like we cut everyone else. So if you're using every dime to the best and most sufficient uses you can find, guess what? You're in no better position, quite frankly, you're in a worse position than a school district that is spending dollars irresponsibly and willy-nilly. And all that this amendment says is give 35 percent of that funding formula should be accountable to the performance of each student on these very important assessment tests that we just voted and continue to do. And I don't know if the amendment is acceptable or not. I hope that it is.

THE SPEAKER: Representative Gonzalez, for what purpose?

REPRESENTATIVE GONZALEZ: Will the gentleman yield?

THE SPEAKER: Will you yield?

REPRESENTATIVE BONNEN: Yield for a question.

REPRESENTATIVE GONZALEZ: I have a question about this team performance into the state funding. So my wife is at a cluster site school which means a special ed school for kids from all over the region to one high school. So there's 224 special needs kids Lanier High School who aren't going to pass this test. My concern is there are so many schools already who don't want to be a cluster site school because of those test scores hurt their ranking. Now, not only will it hurt their ranking I'm fearful you will start hurting their funding specifically for cluster site schools, how does your bill address that?

REPRESENTATIVE BONNEN: Well, it addresses it in the same sense that it's addressed currently in the way we measure and assess the performance of school districts. That's how I'd assess it.

REPRESENTATIVE GONZALEZ: -- cluster site schools because you're seeing their ratings.

REPRESENTATIVE BONNEN: Mr. Gonzalez, let my make this comment to you. For the eight legislative sessions I've been in the legislature the way the funding formula works is made with overwhelming complexity. It worked by making sure that the district understand the formula and it's the points your making. And they move to the way that would best benefit that district. And so, what you're arguing here is that because there are already districts doing things in a certain way to avoid the accountability of the assessment we better not put funding on top of it, correct.

REPRESENTATIVE GONZALEZ: What I'm arguing is that this absolutely will penalize cluster site schools more than any other school because the special needs kids come the all over.

REPRESENTATIVE BONNEN: I don't want to penalize that school. It would be based on the district -- school district's performance. Cluster site school is within that school district. We're not going to divvy out. We don't do it currently. We don't sit there and say this cluster school in that specific districts gets this amount of money. We don't do that we say this ISD gets these funds based on how they perform within the formula and I'm simply saying that we've been hanging our hat -- we've been -- we've been taking Sid Miller's 10 gallon cowboy hat and hanging it on how vital assessment is. Let's put our money where our mouth is and let it count for something.

REPRESENTATIVE GONZALEZ: (*inaudible) Round Rock ISD for those services Live Oak Elementary School and Deer Park Middle school these are the kids that have a huge, huge population of special needs kids and my fear is what this is going to do punish those schools because they come from all over the region into these high schools, into these middle schools (*inaudible) upon labors for huge percentage of those students. Right now what happens is those kids count against the test as it is now.

REPRESENTATIVE BONNEN: So let me ask you this. So then you are arguing that the test now is flawed.

REPRESENTATIVE GONZALEZ: What I'm arguing is that cluster site schools take a huge hit for the standardized test. So right now you have one high school who did very, very well and they decide to more the special needs kids and --

REPRESENTATIVE BONNEN: But they were to count within the entire district we don't go in and look at a specific high school. The district wide performance.

REPRESENTATIVE GONZALEZ: But the way these kids are coming in right from all over then that is going to effect Round Rock ISD I got a problem.

REPRESENTATIVE BONNEN: Coming in all over or not each one of these students would be given an assessment test whether they're all at one campus or multiple campuses, quite frankly, is insignificant. The reality is we are assessing the entire district. We don't say Round Rock Independent school district, we're going to fund that high school but we're not going to fund that high school. We're funding the district on a whole.

REPRESENTATIVE GONZALEZ: So, what happens when a district has one high school, what's when it comes from a smaller area and you got a disproportionate amount of special needs kids.

REPRESENTATIVE BONNEN: Let me make a point. I represent small districts and large districts. And let me tell you something my districts perform very, very well. And they have special needs most of them are majority, minority or majority free lunch and they perform exceptionally well. And all I'm trying to make the point of is that if it is so important that we continue testing and that we continue testing at the rate we're doing it, let's make it count where it counts the most.

REPRESENTATIVE GONZALEZ: I would --

REPRESENTATIVE BONNEN: Round Rock ISD right now whether they're running their district efficiently or inefficiently then what we just passed is unimportant. They treat them just as any other district.

REPRESENTATIVE GONZALEZ: I understand what you're trying to do. I'm just trying to make a point that there maybe some unknown consequences here for the special needs kids. That's it. Thanks, Dennis.

REPRESENTATIVE BONNEN: Appreciate that.

THE SPEAKER: Representative White, for what purpose?

REPRESENTATIVE WHITE: Will the gentleman yield for a question?

THE SPEAKER: Do you yield for a question?

REPRESENTATIVE BONNEN: I'd be glad to yield for a question.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE WHITE: What is the purpose of the standardized testing system in the State of Texas?

REPRESENTATIVE BONNEN: Well best as I understand it you probably understood it better because you've been a part of that system and it helped give these tests. It is to see how students are performing statewide comparative to each other.

REPRESENTATIVE WHITE: Okay. And where does funding factor into that.

REPRESENTATIVE BONNEN: It is my understanding it really doesn't.

REPRESENTATIVE WHITE: Okay. And I want you to know, I voted with you on the last amendment measure. I do have a concern about this measure here. Because I've taught in a variety of situations and I think you may be running into a situation where you may penalize -- end up penalizing some students if that funding is linked to district performance on this. Here's another thing, that you may want to consider is now, since the last amendment failed, you have this new test coming on.

REPRESENTATIVE BONNEN: Right.

REPRESENTATIVE WHITE: A lot of stress, budget stress and this -- I share your passion but this just may not be the best time for that because if you think --

REPRESENTATIVE BONNEN: Representative I feel your passion these are the things of ideas concepts and things we've been talking about for years and the reality of it is, bills that have these concepts and ideas about postponing, testing, dealing with percentage, if those ideas were heard in committee we could have those discussions. We have not had those discussions in this committee. And so, this is the opportunity for us to discuss putting our money where our mouths and the reality of it is, districts today -- the problems you're fearful and concerned about I can assure you and I know you know it. So I'm not going to lecture you. They deal with these issues in the current system.

REPRESENTATIVE WHITE: Ask one more question, are you in favor of teaching to the test.

REPRESENTATIVE BONNEN: Absolutely not.

REPRESENTATIVE WHITE: You make funding the way this amendment does --

REPRESENTATIVE BONNEN: Let me explain something.

REPRESENTATIVE WHITE: -- you have people --

REPRESENTATIVE BONNEN: We currently can't whether a district perform or doesn't perform we put billboards in front of those districts as to whether failures or successes based on the test, plain and simply. And so the reality of it is when you come into growing communities in Brazoria County and you go and pick up a brochure to find out whether you might want to buy a home, do you know what think advertise first and foremost the performance of that local school district.

THE SPEAKER: Raise a point of order. The gentleman's time is expired. Point is well taken and sustained. Chair recognizes Representative Castro for a recognition.

REPRESENTATIVE CASTRO: Thank you, Madam Speaker and members. Please, help me welcome from the City of San Antonio, from Texas A&M University San Antonio, a few folks who are down here with us today. *Sensai Ottawa, *Stephanie Gorand Dr. Amy Porter (*inaudible) they're in the east gallery. Please, stand so we can recognize you.

THE SPEAKER: Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE DAVIS: Thank you, Madam Speaker and members. I'd like to introduce some folks that are here today walking around trying to speak with their representatives regarding the various budget cuts and I'd just like to recognize a group from the state. Texas State Employees Union from any district in Westmore. We got workers from Westmore, parole workers from various locations and again, these folks are here trying to advocate to put -- restore money back to the budget so that they can keep their jobs. So we want to welcome you to your House. Thank you.

THE SPEAKER: Chair recognizes Representative Strama for a recognition.

REPRESENTATIVE STRAMA: Thank you, Madam speaker, I just want to recognize my friend Paul Stekler from the University of Texas, film school and his class full of students who are -- I'm not sure why they're here but they're here. And I just -- I -- commissioner Paredes is over on the other side and I wanted to point out what happens to higher education today coming and observing the Texas House in action. Welcome to your Texas Capitol.

THE SPEAKER: Chair recognizes Representative Miller for a recognition.

REPRESENTATIVE MILLER: Thank you, Madam Speaker. I've got special folks here from Bulverde, Texas out in Comal county. We've got leadership Bulverde and we certainly want to welcome them and thank them for all their work in helping out in the hill country. Welcome to your Capitol.

THE SPEAKER: Chair recognizes Representative Hochberg to speak against the amendment.

REP. HOCHBERG: Thank you, Madam Speaker, members. We just took a hard vote because a lot of us are frustrated with the amount of testing, I'm one of them. I had a bill to reduce that amount, we're going to put into a pilot and hopefully we'll shape amendment and go ahead and do it. We are frustrated with the amount of testing in our schools, we're frustrated with the pre tests, we're frustrated with the bubble practice, we're frustrated with the pep rallies, we're frustrated when testing becomes everything but performance. If you want to make that work vote for this amendment. Because if you think the test is big deal now when it only affects that sign on the outside of the school, think of what it will be when money is tied to it. We're already having problems with teachers telling us that they're being told by administration to do nothing but teach the test. What do you think the administration is going to tell them when they're money is tied to it. You know when I was -- when I was about eight years old, back before Mr. Bonnen was born I'm sure. A long time ago, my mother asked me to teach my younger brothers how to play the piano. I came up with this little deal where I gave them money if they did something good and she came and screamed and she said no this is not what this is supposed to be about. This is supposed to be about learning. Every one us in here knows that our schools, at least some of them, have become more about the test score than about learning the material. That's our complaint. That's why 500 is going forward. That's why Mr. Burman is trying to take it even further, that's why Mr. Phillips tried to take it even further and Mr. Bonnen is making a 180 u-turn and saying you've got to get that test right or you're going to lose money. Not only that, there is nothing in Mr. Bonnen's amendment that says anything to recognize the fact that we know that it's a lot harder to educate certain kids than others. They may be special ed kids, they may also be kids from low income families, they may be kids from a different language, different tradition, or just into this country. This amendment says forget that, you're going to get 35 percent based on your performance period. There is more to be fleshed out, there's --

THE SPEAKER: Representative Bonnen, for what purpose.

REPRESENTATIVE BONNEN: I have a question.

THE SPEAKER: Does the gentleman yield for a question?

REP. HOCHBERG: I yield to Chairman Bonnen.

REPRESENTATIVE BONNEN: Representative Hochberg, what do we say to districts who are spending on the low end per people, and performing on the high end in testing. What do we say to them when come up here and cut their budget in the same fashion as districts that are spending on the high end and performing on the low end. What do you say?

REP. HOCHBERG: I say if they're spending more than $7,000, like your district is, there not on the low end.

REPRESENTATIVE BONNEN: Not a single one of my districts is spending over $7,000.

REP. HOCHBERG: I'm sorry I thought that's what you represented from the front mike.

REPRESENTATIVE BONNEN: What I represented is not one spends over 6500. And they all have a very high performance.

REP. HOCHBERG: Let me ask you, sir, how does this work? Have you -- if you're so concerned about it have you filed a bill have you come to our committee we heard --

REPRESENTATIVE BONNEN: I have a litany of bills they're waiting to be allowed to be heard before your committee.

REP. HOCHBERG: On this subject?

REPRESENTATIVE BONNEN: A litany of bills.

REP. HOCHBERG: On this subject.

REPRESENTATIVE BONNEN: Multiple subjects. I've been assured that this subject would have been covered but I'm having a hard time finding where it's being covered.

REP. HOCHBERG: Well I'm not -- I'm not here to talk about your other bills.

REPRESENTATIVE BONNEN: And I'm not either.

REP. HOCHBERG: And I'm not either. But I'm talking about this because last night we heard a whole series of school finance bills, a variety of different issues. I had one, Mr. White, if you have one that we didn't hear.

REPRESENTATIVE BONNEN: So now we no longer and again, parliamentary inquiry? If you've not a filed a bill you cannot have an amendment on that subject, Madam Speaker.

THE SPEAKER: Yes, Representative Bonnen.

REPRESENTATIVE BONNEN: You now have to file a bill to offer an amendment to have a discussion on the House floor.

THE SPEAKER: Parliamentary inquiry?

REPRESENTATIVE BONNEN: That was my inquiry? Do you have to have a bill filed to bring an amendment forward to have a discussion on the House floor now. Is that part of the rules I'm missing. Was that page inadvertently ripped out of my rule book.

THE SPEAKER: That point is not in the rule book, Representative Bonnen.

REPRESENTATIVE BONNEN: Thank you.

REP. HOCHBERG: Gee, Dennis, it always works on the freshman. I'm sorry.

REPRESENTATIVE BONNEN: I understand. I understand.

REP. HOCHBERG: But you also understand, Dennis, that my point is that this amendment gives absolutely no guidance on how you would do this, makes absolutely no account for schools that have greater challenges takes absolutely no account -- takes absolutely no account for things like the TTM and extra special ways to get special advantages and all of that would be good discussions when a bill on school finance --

REPRESENTATIVE BONNEN: Tell me the difference between what we are currently doing by saying, you now get to have a pep really and put up a banner that says exemplary. You now get to put a banner that says acceptable. That's what this amendment speaks to. This amendment speaks to doing what we're currently doing. We're now going to tie dollars to it. We're now going to commend you with financial support for performing because the system that you're saying doesn't exist, it does exist. It's existed for years. And it gets bigger and bigger and bigger. And my point is then let's make it really count. Let's tie it literally to the dollar sign. I don't know how we could make the system bigger than it already currently is. So how does this differ from what we're currently doing.

REP. HOCHBERG: I think it severely raises the stakes -- I think it severely raises the stakes in ways that exacerbate, make worse the problems that every member of this House knows is already there and that Mr. Eissler, in his bill, is trying -- is trying to ease off of.

REPRESENTATIVE BONNEN: Let me ask this final question? What is the answer to each and every school district in Brazoria County whether it's in my district we are spending an efficient amount per people, not a one over 65 or 6600 per people and our testing performance at the highest levels. What is the answer to them when we come up here and their budgets are cut and a uniform flat percentage as every other district without any concern for how they perform, how they spend their dollars, or what have you, what is the answer to them?

REP. HOCHBERG: First of all, Mr. Bonnen, the bill I hope to bring you doesn't cut everybody at uniform flat percentage. So I -- I would have an answer to them if that's what we were doing. It's one of my criticisms of bills we have passed in the past that I have opposed.

REPRESENTATIVE BONNEN: -- do it though.

REP. HOCHBERG: That's now not how I intend to do it.

REPRESENTATIVE BONNEN: With all do respect, I understand that's currently how it's done.

REP. HOCHBERG: No, I don't think -- I don't think -- I don't think anybody is cut a flat percentage. There's no -- right now there's no distribution method in House Bill 1 at all for how we're going to made the severe cuts.

REPRESENTATIVE BONNEN: There is none at this point. Historically it is how we do it.

REP. HOCHBERG: Not when I've written the bill.

REPRESENTATIVE BONNEN: Thank you, Dennis.

THE SPEAKER: Chair recognizes Representative Eissler to speak against the amendment.

REPRESENTATIVE EISSLER: Thank you, Madam speaker. Members, I guess though noteworthy Mr. Bonnen is attempting to base purely on a single test and you have heard from teachers about evaluation and pay on a single test, and that's not -- that's not the -- the purpose in evaluating teachers and that's not the purpose in this bill or even in the performance of a school district. As you well know, you have demographic challenges chase. You have achievement gaps and ironically, it's been shown that those that need additional funding are of a higher poverty rate than others. So, what happens if there's a bad day, does the school district go broke and then if you have to retest does that make you eligible for a loan? Members this is not a good amendment. It's high maneuver and doesn't made any sense and I move to table and I would yield.

REPRESENTATIVE BONNEN: Would he yield for a question?

THE SPEAKER: Does the Representative yield for a question?

REPRESENTATIVE BONNEN: First off it's unimportant but it's only 35 percent of the funding it doesn't lay the entire field --

REPRESENTATIVE EISSLER: Interestingly enough, Dennis, you're looking at between ten and 15 percent cuts right now.

REPRESENTATIVE BONNEN: Correct.

REPRESENTATIVE EISSLER: So you want to make 35 percent which is three times the shortfall of the budget in -- in this current House Bill 1 that we have to deal with.

REPRESENTATIVE BONNEN: Representative Eissler, I think you've made my point. Your arguments against this amendment have helped make my point. We load up the world on testing and my point is where it matters most is funding and if we're going to load the world up on testing, isn't it fair that we allow that to be a significant part of their funding. You are correct this is not being done -- hold on -- it's not being done effectively with that I will withdraw my amendment but I think this has been an excellent discussion, Mr. Eissler.

REPRESENTATIVE EISSLER: And this from a guy that wants to hear a bunch of bills. We'll hear them.

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

THE CLERK: Amendment by Hochberg.

THE SPEAKER: Chair recognizes Representative Hochberg.

REP. HOCHBERG: Okay. Thank you, Madam Speaker and members. This is the amendment I've referred to a couple of have times in the discussion. This amendment is a pilot program to determine whether we really need to be doing as much testing as we're doing with as many kids as we're doing. It's based on the premise which is which you can demonstrate pre year data that if a student passes the third grade reading test comfortably you know they're going to pass the fourth grade reading test with a predictability of over 98 percent. So if with we know they're going to pass that test, why are we giving it to them. Why are we wasting their time going through the test prep when we know they're going to pass it. Wouldn't they be better off if we just handed them a book at minimum. And in the meantime focuses attention on those kids who did not pass in third grade who will continue to be in the accountability system. This is a pilot. This could opt in. It is, of course, subject to us getting an appropriate waiver, and it's acceptable to the author and I would move adoption.

THE SPEAKER: Representative Hochberg sends up an amendment. The amendment is acceptable to the author. Is there any objection? Hearing none. The amendment is adopted. Members, the House will stand at ease for two minutes while we have an amendment drafted.

THE SPEAKER: Ms. Farrar, for what purpose?

REPRESENTATIVE FARRAR: Mr. Speaker, parliamentary inquiry? Is there a sunset bell on the calendar this week.

THE SPEAKER: It will be on Friday.

REPRESENTATIVE FARRAR: Can you say which one it is.

THE SPEAKER: There are two. One is House Bill 2271 and the other is House Bill 1808.

REPRESENTATIVE FARRAR: Do we have prefile amendments for sunset bills.

THE SPEAKER: Mr. Cook and Mr. Anchia should have them. They're coming up to discuss that. Chair recognizes Representative Anchia and Representative Cook to discuss the sunset bills.

REPRESENTATIVE ANCHIA: Thank you Mr. Speaker and members. There are going to be two sunset bills on the major state calendar. They're going to be House Bill 2171 which is the racing commission. I'm going to be carrying that bill in.

REPRESENTATIVE COOK: And also we're going to have House Bill 1808 which is the continuation of the soil and conservation -- state soil and water conversation board. They'll both be eligible Friday morning at 10:00 o'clock which means that 10:05 which means that we'll have to have any amendments in Thursday morning at 100:05.

REPRESENTATIVE FARRAR: How late lieutenant chief clerk's office be open to accept amendments.

THE SPEAKER: Clear clerk's office will be open until 10:00 p.m. at no time.

REPRESENTATIVE FARRAR: And when those prefiled amendments be made available to the members.

THE SPEAKER: Depends on the volume of the amendments and we'll get them as soon as we can. We'll get them to you as soon. It depends on the volume of the amendments.

REPRESENTATIVE FARRAR: Could you notify us as time goes along?

THE SPEAKER: We will do that.

REPRESENTATIVE FARRAR: Thank you.

THE SPEAKER: Chair recognizes Representative Giddings for a motion.

REPRESENTATIVE GIDDINGS: Mr. Speaker, members, I move to request permission to introduce. This bill has to do with modifying monthly amounts of child support when the difference is less than 20 percent or less than $100.

THE SPEAKER: Members you heard the motion. A record vote is required. Clerk ring the bell. Mr. Coleman voting aye. Have all voted? 145 ayes and 0 nays, motion carried. Chair recognizes Representative Crownover.

REPRESENTATIVE CROWNOVER: Mr. Speaker and members. I have a rather interesting side issue here. I happen to have the unique situation of holding $3 million worth of checks right here in my hand. So, it's kind of a fun experience and I want to share with you what the purpose of this $3 million. I'm the treasurer of the Southern States Energy Board. And that Southern States Energy Board is a regional compact of 16 southern states and they're -- they're -- they're purpose is to enhance energy and environment rules and regulations in those 16 states in the south. And basically, this is kind of an interesting thing in that, each year, we join the Southern States Energy Board with ideas and that $55,000 a year and several years ago because of that $55,000 that came out of the governor's office, and I know many times there are many others in this room that have enjoyed blackening the governor's office thinking it's all discretionary money that he has to spend and to throw around. But I would say this is a very solid example where you can turn $55,000 out of the governor's a11 strategy and turn it into millions and millions of dollars and it goes to different universities, research organizations in the State of Texas. So these -- this 3 million is written to the University of Texas, and it will go to the Bureau of Economic Theology which is known all over the world for the good work that they do. So I just wanted to share this with you and I will mail it on to the University of Texas. Thank you.

THE SPEAKER: Chair recognizes Representative Hilderbran for a motion.

REPRESENTATIVE HILDERBRAN: Mr. Speaker, members. I move to suspend all necessary rules take up and consider SCR No. 40. This is a concurrent resolution honoring Wayne and Eileen Hurd, the very prominent members of the Horseshoe Bay community on their fortieth anniversary at Horseshoe Bay Resort and twentieth anniversary of the Seton Gala.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out SCR 40 by Fraser. Clear read the resolution.

THE CLERK: SCR 40 by Fraser. Commend Wayne and Eileen Hurd on the contribution to Horseshoe Bay resort and extend best wishes for the resort's fortieth anniversary and twentieth anniversary of the Seton Gala.

THE SPEAKER: Chair recognizes Representative Hilderbran.

REPRESENTATIVE HILDERBRAN: I move adoption.

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

REPRESENTATIVE EISSLER: Mr. Speaker, members, House Bill 3 was a large and complex bill that was used in the making as often happens in a number of key provisions that need to be cleaned up. If we fail to act today I'm telling you we will fail to strike an appropriate balance among teaching, learning, and accountability. House Bill 500 seeks to strike the balance of this body originally tried to achieve with House Bill 3. Unlike others I'm not going to just simply dig in I heels and wait for changes to House Bill 3 when our children's future at stake. I appreciate your attention and I move passage.

THE SPEAKER: Would the gentleman yield, please? Mr. Eissler?

REPRESENTATIVE PHILLIPS: Mr. Eissler on HB 500, which we have been debating and which I tried to put that amendment on. Your -- your bill does an excellent job in trying to step back from what we did in HB 3 and think about the implementation and it is much more like the bill that we sent out of the House last time; is that correct?

REPRESENTATIVE EISSLER: Yes, it is.

REPRESENTATIVE PHILLIPS: And in conference committee we put in this complicated formula and everybody can say, what do you mean formula, explain this formula because you know, what's a student going to have to figure out to graduate.

REPRESENTATIVE EISSLER: What was pointed out to us is a student basically has to accumulate enough points to average a passing score on all 12 tests and that became a counselor and parent and even a freshman's nightmare.

REPRESENTATIVE PHILLIPS: I used to go around joking say is, what's your score? Right. Meaning what's your total. And everybody has got to keep that. The counselor, the parent, the kid trying to keep that instead of doing what we said -- what we say and your bill does an excellent job, I believe.

REPRESENTATIVE EISSLER: Thank you.

REPRESENTATIVE PHILLIPS: Setting out for the three recommended -- the three different courses and, again, there are three different tracks you can go on in our high schools; is that correct.

REPRESENTATIVE EISSLER: That's correct. Not tracks but patterns -- pathways.

REPRESENTATIVE PHILLIPS: And you got three different standards here for each one; is that correct?

REPRESENTATIVE EISSLER: Well you've got you've got different course requirements, you've got minimum, you've got recommended, and you got advanced.

REPRESENTATIVE PHILLIPS: Depending on which course requirements.

REPRESENTATIVE EISSLER: Right. Algebra 1 will get you the minimum algebra II along with English 3 gets the recommended and an extra year of language and college readiness skills on English 3, algebra 2.

REPRESENTATIVE PHILLIPS: Your bill simplifies the process for our students, our parents, and our teachers; is that correct? Your bill simplifies it for our students, our parents, and our teachers; is that correct?

REPRESENTATIVE EISSLER: Yes, it does.

REPRESENTATIVE PHILLIPS: It's going to be something that the school districts supported; is that correct?

REPRESENTATIVE EISSLER: Yes, that's -- yes.

REPRESENTATIVE PHILLIPS: And do you believe that this is some step -- we're going to hear some loud argument about we're running back in the wrong direction. Do you think we're running back?

REPRESENTATIVE EISSLER: No, it's not. The reader remains strong, the tests are the same. It's how we handle them that's a slight change to the benefit of students.

REPRESENTATIVE PHILLIPS: Right, to the students.

REPRESENTATIVE EISSLER: We still keep the school district accountable for the results of that test.

REPRESENTATIVE PHILLIPS: And they're going to be kids that don't graduate because they don't make high enough grade on a trigonometry course; is that correct?

REPRESENTATIVE EISSLER: Say it again.

REPRESENTATIVE PHILLIPS: The trigonometry course, intro to trig, is that graded as one of their end of course exams.

REPRESENTATIVE EISSLER: If it's a course they take it is.

REPRESENTATIVE PHILLIPS: If it's course they take, if a student in their senior year takes that, that could affect them from graduating; is that correct?

REPRESENTATIVE EISSLER: Well the end of course goes through end of junior year.

REPRESENTATIVE PHILLIPS: I mean junior year. I'm sorry.

REPRESENTATIVE EISSLER: Yes, yes.

REPRESENTATIVE PHILLIPS: If that's a course they take.

REPRESENTATIVE EISSLER: Yes. But you need algebra 2, English 3.

REPRESENTATIVE PHILLIPS: Your -- anyway I think you have a good bill and I appreciate you bringing it to help our parents, our teachers, and our students.

REPRESENTATIVE EISSLER: Thank you.

THE SPEAKER: Chair recognizes Representative Smith.

REPRESENTATIVE SMITH: Mr. Speaker and members, I, like all of you, am a big fan of Rob Eissler. I don't, however, like this bill. I know that it has a number of cosponsors and that are sufficient that should allow it to easily pass. And I don't expect that anything I'm going to say is going to change that. I feel morally obligated however to sound a loud alarm. In my 15 years in the Texas House the one constant has been a gradually, not suddenly and drastically, but a gradually higher standard in our accountability system with the simple goal of someday actually graduating students who are college ready. House Bill 500 is a major C change. The first time this body will have cast a vote dramatically lowering our standards. It's a rejection of the policies of Governor Bush and Governor Perry who have supported gradually improving standards. Don't just trust me on that, trust the Texas Association of Business, trust the Texas Public Policy Foundation, trust the Texas --

REPRESENTATIVE EISSLER: Mr. Speaker.

THE SPEAKER: Mr. Eissler, for what purpose?

REPRESENTATIVE EISSLER: Will the gentleman yield?

REPRESENTATIVE SMITH: Not at this time.

THE SPEAKER: Not at this time.

REPRESENTATIVE SMITH: Trust the Texas Coalition for Competitive Workforce. We passed an accountability bill last session 146 to 0 out of the House and 143 to 0 after it came back in the conference committee. Promising a more rigorous high school curriculum focused on college readiness with serious and focused assessment in accountability. That passed with the support of education groups across the state. It did away with single high school TAKS graduation tests which were the ultimate in high stakes testing. Instead of a single high stakes test, we allowed that we would base our graduation standards on 12 of end of course exams that are taken at the end of the course while the material is fresh in the students' minds. We wanted our students to be proficient in these 12 subjects. The bill ensured that these tests would matter for kids because the tests counted 15 percent towards the students class grade and to districts because it was a part of the accountability system. Now, before we even have this more rigorous standard in place and an opportunity to see if it works, we are raising the white flag without any evidence that there is a problem. I'm not saying that House Bill 3 that we passed last session was perfect and there will be a time in the future to fix any identified defects. But by adopting this bill, we are expressly as a matter of state policy, allowing districts to preclude these tests from counting at all toward a student's grade. I am fine with giving districts discretion on setting the percentage that will count toward a student's grade but there should be a floor on that discretion. Under House Bill 500 students may fail and fail miserably. They may get a zero on eight of 12 tests and graduate from a high school in this state. A freshman could pass a social studies test and a biology test and know that in the next three years of his high school he only has to pass two additional exams in order to graduate. And the critical areas of math and science which are critical to our state and our students' future, student scores in geometry, chemistry, and physics, if that student passes the ninth grade biology test, student scores in geometry chemistry, and physics would not affect graduation at all. House Bill 3 that we passed unanimously last session allows the commissioner to set a pacing rate for exams that, quote, meets the students where they are and he has already expressly stated in writing that it is his intent to do so. So the alarms about students failing and some unacceptably high number are simply inaccurate. This bill is a huge step back from a college readiness standard and we are taking that step with zero evidence that there is a problem. This is not about improving or perfecting our accountability system, it is a significant step toward dismantling it. I will yield.

THE SPEAKER: Chair recognizes representative Burnam to speak on the bill.

REPRESENTATIVE BURNAM: Mr. Speaker, members, I want to thank Representative Eisler, Representative Hochberg and the Public Education Committee for the hours they've worked on this bill. However, I've been coming here for seven terms now and most of you -- many of you have been come here for 17 or 27 terms and we've been kidding ourselves. When we go through our districts or anybody else's districts and we see a banner that says exemplary, we're proud. We think we have something there, but then you go and find out that they're exemplary because only 40 percent of that school passed the TAKS test. That's not exemplary. When I went to school you had to have at least a 70 to get a D and a D was not passing. Then I read this little article this morning from Scott Milder or Milder the president and CEO of Friends of Texas Public Schools and he said, the facts of the matter lead anyone who conducts just a little bit of research on the subject to find that our public schools are arguably the most efficient human enterprise in our state and nation. He's saying that they are efficient in our nation. We can't compare our schools to other schools in the nation because only 50 percent of those coming out of our schools today going to college are going to college without needing remediation. And I did a little study on remediation. This paper I'll be reading from is from Dr. Paredes, the Commissioner of Higher Education. Of those 50 percent who are taking remediation when they go to college, 89 percent who begin in level 1 of math developmental education never finish a college level math course. He said 66 percent of students who begin the level 1 of the literature never finished the first college level literature course. And he said 75 percent of students who being in Level 1 of writing or composition, never finished the first college level composition course. We've got to do better than that. We've got to quit fooling ourselves. I said, I've never served on the Public Education Committee and neither have most of you. But if we don't do something about public education in Texas, and I'm going to read directly from the bill, House Bill 500. House Bill 500 says the bill would require school districts to adopt a policy addressing whether or not a student's end of course exam score would be used to determine the student's final course grade and, if so, how it would do so. Representative Hochberg talked about a comparison of school districts. How are we going to compare school districts from one district to another across the state with that sentence we can't because we may have one direct who are saying that 40 percent of our students will take the test and another district 60 percent and another 80 percent, and in some school districts that may be lazy. Nobody will take the STARS test and that's why I'm speaking on the bill. I'm going to cast a protest vote against the bill I'm not doing that because I want to see something better in public education. We're spending over $482 million for this STAR test. Representative Flynn has a bill, 2491, that's coming up in the Public Education Committee. This bill will do essentially what Representative Phillips bill did and I hope that he'll get a public hearing on the bill. Thank you very much. One more thing, members, I want to congratulate Representative Hochberg for the amendment he put on the bill which was a green light all the way to show our leadership that we want better standards for our public schools. Thank you, Mr. Hochberg.

THE SPEAKER: Chair recognizes Representative Phillips to speak for the bill.

REPRESENTATIVE PHILLIPS: I know you've heard enough of me so, I'm going to be brief. I just want to be clear I think this is a great step in the direction if you vote against that bill you're voting continue to maximize and scream how loudly testing is more important than students. Testing is more important than students, testing is more student than teachers. That we need to step back from that and what this does is it brings it into a rational opportunity for our kids to make sure that when they graduate, they get -- that they can graduate and they can get a diploma and that we -- we realize that not all students are exactly the same and they shouldn't all go through the same funnel. Please vote with Representative Eissler for this bill.

THE SPEAKER: Chair recognizes Representative Eissler to close.

REPRESENTATIVE EISSLER: Thank you Mr. Speaker, members. I kind of like what Larry said I move passage.

THE SPEAKER: Question occurs on engrossment on House Bill 500. All of those in favor say aye. Those opposed nay. Ayes have it. House Bill 500 passes to engrossment. Chair lays out on second reading House Bill 10. Clerk read the bill.

THE CLERK: HB 10 by Branch. Relating to eligibility for a TEXAS grant and to administration of the TEXAS grant program.

THE SPEAKER: Chair recognizes Representative Branch.

REPRESENTATIVE BRANCH: Thank you, Mr. Speaker, members. House Bill 10, the Texas Grant College Readiness Reform Act. I've been looking forward to having this debate today and I want to thank all those in advance that have been authors, coauthors, amenders, the staff that's prepared us so well. We've been on the calendar for several days, members, and I now advised that the Senate has moved very quickly earlier this afternoon to pass similar legislation. So, I guess, as they say the Senate is a nimble institution. Some of you might say sometimes too nimble and -- but out of respect, even though we've been looking forward to having this debate it's ultimately about policy, members. And out of respect for the other institution, and for your time, I'm going to take a look at what they've sent over and for that reasoning, I'm going to move to postpone upon further consideration of House Bill 10 to a time certain, Thursday, April the 14th at 8:00 a.m. Again, thank you authors and those who had amendments and the staff that had prepared so well. I'm sorry we couldn't have this debate this afternoon.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair here's none. So ordered. Chair lays out on second reading HB 510.

THE CLERK: HB 510 by Deshotel. Relating to the maximum capacity of a container of wine sold to a retail dealer.

THE SPEAKER: Chair recognizes Representative Deshotel.

REPRESENTATIVE DESHOTEL: Thank you Mr. Speaker. House Bill 510 on the stated bill is over and eligible simply changes the amount wine containers for retail sale from 4.9 gallons to 7.9 gallons or if they come liters that would be a 30-liter container.

THE SPEAKER: Members, the Senate companion to House Bill 510 over accordingly. The chair lays out Senate Bill 351. Clerk read the bill.

THE CLERK: SB 351 by Williams. Relating to the maximum capacity of a container of wine sold to a retail dealer.

THE SPEAKER: Chair recognizes Representative Deshotel.

REPRESENTATIVE DESHOTEL: Members, I move adoption.

THE SPEAKER: Anyone speak for or against Senate Bill 351. Question occurs on passage for engrossment Senate Bill 351. All those in favor say aye. All those opposed nay. The ayes have it Senate Bill 351 is passed to engrossment.

REPRESENTATIVE KOLKHORST: Want to repeal the trans-Texas corridor through the hard work of this body, we slowed that down and this is the final step of taking the trans-Texas corridor out of code. I think Mr. Phillips has the perfecting amendment.

THE SPEAKER: Following amendment. The clerk read the amendment.

REPRESENTATIVE PHILLIPS: Amendment by Phillips.

THE SPEAKER: Chair recognize Representative Phillips.

REPRESENTATIVE PHILLIPS: Thank you. When we did the striking part in this bill we overstruck a little bit and we took out parts that wasn't trans-Texas corridor and what we did is we put this back in with appropriate safeguards. It doesn't put the trans-Texas corridor in it. It's just a bill that had trans-Texas corridor in it. So, with that perfecting amendment I move adoption.

THE SPEAKER: Mr. Phillips sends up an amendment. Amendment is acceptable to the author. Any objections? Chair hears none. Amendment is adopted. Chair recognize Representative Kolkhorst.

REPRESENTATIVE KOLKHORST: Thank you Mr. Speaker, members. Thank you to the organizations and people that fought so hard on this. I move passage.

THE SPEAKER: Anyone wish to speak for or against House Bill 1201. Question occurs on passage and engrossment of House Bill 1201. All those in favor say aye, all those opposed say nay. Ayes have it. House Bill 1201 is passed to engrossment. Ms. Kolkhorst, Mr. Solomons, Mr. Smith, and Mr. Strama. Chair recognizes Representative Cook for a motion.

REPRESENTATIVE COOK: Thank you Mr. Speaker. I move we suspend the five day posting rule to allow the Committee on State Affairs to consider Senate Bill 357. Time 30 minutes after final adjournment/recess April the 6th, 2011 JHR -- in room JHR140.

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

REPRESENTATIVE SOLOMONS: Thank you Mr. Speaker and members, I request permission for the Committee on Redistricting to meet while the House is in session at 9:00 a.m. in the morning, tomorrow April 7th, 2011 and the place will be the Capitol Extension Auditorium, room 1.004 to consider previously posted business.

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

REPRESENTATIVE SMITH: Mr. Speaker members, I request permission for the Committee on Environmental Regulation to meet while the House is in session during reading and referral of bills, today, April 6th, 2011 at room E2.030 to consider items from a previously posted agenda. Move passage.

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

REPRESENTATIVE DUTTON: Mr. Speaker and members, this is just a reminder that the Committee on Urban Affairs will meet on room E2016 promptly at 4:30.

THE SPEAKER: Chair recognizes Representative Dutton.

REPRESENTATIVE DUTTON: Mr. Speaker, members, one of the things that happens to all of us from time to time is we will have a birthday unless something bad happened to you and today one of our colleagues is having a birthday even though something already bad has happened to him. I would ask you to join me -- I don't know where he is, but is he -- is Mr. Hardcastle on the floor of the House? I understand Mr. Hardcastle has already gone. This is beyond his time and so I just wanted to have you-all join me in wishing Mr. Hardcastle a wonderful happy birthday. And if you really want to have a great experience ask Mr. Hardcastle to just tell you the committee that he's on. You'll be amazed at how well he can say the word appropriations.

THE SPEAKER: Ms. Davis, for what purpose?

REPRESENTATIVE DAVIS: For questioning.

REPRESENTATIVE DUTTON: Yes.

REPRESENTATIVE DAVIS: Since we can't find Representative Hardcastle I'd like permission to speak on his behalf.

REPRESENTATIVE DUTTON: Yes.

REPRESENTATIVE DAVIS: I've been working on this for a couple of days.

REPRESENTATIVE DUTTON: And do we need a translator? Mr. Speaker and members, I'd like to say that today is a good day because I'm alive and it's' my birthday and I'd like to thank you very much.

REP. JACKSON: Mr. Speaker.

THE SPEAKER: Mr. Jackson for what purpose.

REP. JACKSON: Gentleman yield.

REPRESENTATIVE DUTTON: Yes, I yield.

REP. JACKSON: Representative would you believe I was astounded today when I found out that Representative Hardcastle was born the year before I graduated from high school.

REPRESENTATIVE DUTTON: I was not at all surprised at that. Somebody found him. Somebody found him.

REP. JACKSON: He is just a young guy.

REPRESENTATIVE DUTTON: Guess who just walked into the House floor. Now we started at 10:00 o'clock this morning Mr. Hardcastle.

REPRESENTATIVE HARDCASTLE: I was taken off the floor.

REPRESENTATIVE DUTTON: Where's his interpreter.

UNIDENTIFIED SPEAKER: Don't know.

REPRESENTATIVE DUTTON: Mr. Hardcastle, because you sound a little like this (duck sounds).

THE SPEAKER: Mr. Hardcastle, for what purpose?

REPRESENTATIVE HARDCASTLE: Will the gentleman yield.

THE SPEAKER: Mr. Dutton do you yield.

REPRESENTATIVE DUTTON: If that's what he said.

UNIDENTIFIED SPEAKER: That's a two syllable word.

REPRESENTATIVE DUTTON: Okay. Mr. Hardcastle.

REPRESENTATIVE HARDCASTLE: Mr. Dutton.

THE SPEAKER: I know you're supposed to ask questions but I just have a question for you.

REPRESENTATIVE HARDCASTLE: Lay it on me.

REPRESENTATIVE DUTTON: How do you pronounce F-I-R-E.

REPRESENTATIVE HARDCASTLE: Far.

REPRESENTATIVE DUTTON: How do you how pronounce F-A-R.

REPRESENTATIVE HARDCASTLE: Far.

REPRESENTATIVE DUTTON: That's what I thought. That's exactly what I thought Mr. Hardcastle. So, let's don't take this too far. Happy birthday, Mr. Hardcastle. All of those friends on the House floor.

REPRESENTATIVE HARDCASTLE: Thank y'all.

THE SPEAKER: Chair recognizes Representative Kolkhorst for a motion.

REPRESENTATIVE KOLKHORST: Hard act to follow. Mr. Speaker, members, I request permission for the Committee on Public Health to meet while the house is in session during the reading and referral of bills on April the 6th, 2011 in E2.012 to consider the previously posted agenda.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, you have a deadline for filing amendments for the sunset bills. That's 10:05. The clerk's office will be open until 10:00 p.m. this evening. If you're going to file near the deadline of 10:05 tomorrow, please, come through the back hall. Any other announcements if not representative -- on announce. Clerk read the announcements. LEFT 2: The Committee on Public Education, subcommittee on cyber bullying will meet at 8:00 a.m. on April 7th, 2011 at E2.022 for a work session to consider cyber bullying. The Committee on State Affairs will meet 30 minutes after final adjournment or recess on April 6th, 2011 at JHR140. This will be a public hearing to consider SB367 and previously posted agenda.

THE SPEAKER: Are there any other announcements? If not Representative Coleman moves the House stand in recess until 10:15 a.m. tomorrow pending the reading and referral of bills and resolutions. Following bills on first reading referrals.

CLERK: HB 3835 by Laubenberg. Relating to the Rockwall County Juvenile Board. HB 3836 by Pitts. Relating to the creation of the Windsor Hills Municipal Management District No. 1; providing authority to levy an assessment and issue bonds. HB 38 by Isaac. Relating to the designation of a portion of U.S. Highway 183 as the Cpl. Jason K. LaFleur Memorial Highway. HCR 74 by Landtroop. Honoring pregnancy care centers. HCR 110 by Workman. Urging the president of the United States to defend the Defense of Marriage Act. HB 1960{sic} by Calagari. Relating to the regulation modification operation from government officials for livestock. HB 3101 by Perry. Relating to the creation of the office of inspector general within the governor's office. HB3300 by Cain. Relating to mechanisms to address the adverse impact of unfunded state mandates on local governments. HB 3425 by Zedler. Relating to a continuous improvement process at state agencies. HB 3676 by Brown. Relating to procuring contracts for certain professional services by a governmental entity.

THE SPEAKER: House stands recessed until 10:15 a.m. tomorrow.