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

REPRESENTATIVE MARK SHELTON: Thank you, Mr. Chairman. Members, I'd like to introduce our Pastor of the Day. This is Dr. Mike Dean from Travis Avenue Baptist Church in Fort Worth, and he is my pastor. And so, please help us welcome Mike and his wife Nan.

PASTOR MIKE DEAN: Thank you. Will you join me as we pray? Lord, we come before you today with hearts filled with gratitude and praise. You are great and greatly to be praised. The psalm says, bless the Lord, oh my soul, and all that is within me. Bless his holy name. Bless the lord, oh my soul, and forget none of his benefits. And, Lord, we are the recipients of your many gracious benefits in life and we thank you for the gift of life. We thank you for our families, for our health, for our friends, for our work and, Lord, for the blessing of being citizens of the United States of America and residents of the great State of Texas. We thank you for that. I thank you for this body of men and women who have been elected by the people of Texas to create an environment of safety and security and liberty and stability. We acknowledge, Lord, that for all of our resources we still remain vitally dependent upon you, we depend upon you for wisdom. Your word tells us to trust in the Lord with all of our hearts and not to lean on our own understanding, and that if we will acknowledge you in all of our ways you will direct our path, and we need that today. We depend upon you, Lord, for your wisdom, to discern not just what is good but what is best. We depend upon you to help us find the right blend of mercy and truth and justice. We depend upon you to help us rise above selfish agendas, to seek the highest and the best for those who have given -- you have given us to lead. We need your wisdom for the faithful stewardship and abundant resources and treasures that have been given by your gracious hand. Lord, your Son tells us that everyone who hears your words and puts them into practice is like a wise man who builds his house on a rock. So help us build our lives, our homes, our state of the solid rock of the truth. May the words of our mouths and the meditations of our hearts be acceptable in your sight today. And we ask all of this in your name. Amen.

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

REPRESENTATIVE MARK SHELTON: Please join me in the Pledge of Allegiance of the U.S. and Texas flag.

(Pledge to the Texas and U.S. flag.)

JOE STRAUS: Representative Shelton moves that the House suspend the reading and referral of bills until the end of today's business. Is there objection? Chair hears none. So ordered. Excuse Representative Solomons because of redistricting, on the motion of Representative Geren. Excuse Representatives Alvarado, Keffer, Pena, Veasey because of redistricting, on the motion of Representative Geren. Excuse Representative Johnson because of illness, on the motion of Representative Sarah Davis. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Shelton for a motion.

REPRESENTATIVE MARK SHELTON: Thank you, Mr. Chairman. I move to suspend all necessary rules to take up and consider House Resolution 1138.

JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out HR1138. The clerk will read the resolution.

CLERK: HR1138 by Shelton. WHEREAS, for 100 years, families have come together to Celebrate their faith at Travis Avenue Baptist Church in Fort Worth; and WHEREAS, established in 1911 through the Tarrant Baptist Association, Travis Avenue Baptist Church had an average of 65 People in attendance each week in its early days; today, the House Of worship supports 4,000 resident members; and WHEREAS, Travis Avenue Baptist has played a vital role in the Community, providing area residents with myriad opportunities for Spiritual growth, fellowship, and community outreach; more than 36,000 individuals benefit from its ministries, which offer food And clothing to those in need; in addition, the institution gives More than $200,000 annually to assist worthwhile initiatives across The globe, and it sends mission teams to a number of international Locations, including Cambodia, India, and Malaysia; and WHEREAS, the congregation has benefited from the able Direction of Dr. Michael Dean, who has served as pastor at Travis Avenue Baptist for 20 years; during the past two decades, he has led With conviction and compassion, and his efforts have helped the Church to pay off more than $7 million in debt while remodeling the Sanctuary and constructing a new central plant, welcome center, and Children's ministry center; and WHEREAS, Travis Avenue Baptist Church has long served as a Source of inspiration and guidance to those who worship there, and Its continued existence is a tribute to the unwavering commitment Of its members, both past and present; now, therefore, be it RESOLVED, that the House of Representatives of the 82nd Texas Legislature hereby honor Travis Avenue Baptist Church on the 100th Anniversary of its founding and commend Dr. Michael Dean for his Exceptional service to the institution; and, be it further RESOLVED, That an official copy of this resolution be Prepared for the church as an expression of high regard by the Texas House of Representatives.

JOE STRAUS: Chair recognizes Representative Shelton.

REPRESENTATIVE MARK SHELTON: Thank you, Speaker. Members, one hundred years ago Fort Worth was a very different place. It was a major area where the cows would come, and they would put them on the trains and head north and slaughter them. We also had the famous rail head -- I'm sorry, the Hell's Half Acre, which now the only remnant as a rail head. And the south side of Fort Worth, on what was the far south side at that time, was the small church, which is a hundred years old today; which I am proud to be a member. In which we spread the Gospel, and we do community services for those in our neighborhood. I'm happy to have on the podium today Dr. Mike Dean and Nan Dean, who is pastor of our church at this time. And I move passage.

JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Aycock for an introduction.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, Madam Speaker. It's my pleasure to introduce a group from Killeen, Texas today. If I can get y'all to stand up a moment. This is the members and guests of the Wednesday Review Club from Killeen, Texas. They're here for Capitol Day today. The club has been existence for, well, over a hundred years now. I'm especially fond of the president, Marie Aycock. And I think I'll just let y'all give them a big hand of applause, if you would, to welcome to the Capitol. Thank y'all for coming, folks. REPRESENTATIVE LINDA HARPER-BROWN: Excuse Representative Phillips because of Committee on Restricting meeting, on a motion of Representative Geren. And please excuse Representative Nash today, and the remainder of the week, because of a death in the family; on the motion of Representative Price. Chair announces the signing of the following in the presence of the House: HCR150, HCR65, and HCR64. Chair recognizes Representative Zerwas for a recognition.

REPRESENTATIVE JOHN ZERWAS: Thank you, Madam Speaker and members. It's my honor to acknowledge some guests that I have in the gallery here today. Let me introduce you to a group of my constituents from the Simonton, Weston Lakes and Fulshear. And amongst some of the individuals here I believe I have Mayor Kuykendall. I'm not sure if he's up there right now. But Mayor McJunkin and Mayor Zdunkewicz. If y'all would please stand? I know they're not all here, but please stand and let us recognize you to your House of Representatives. Thank you, Madam Speaker. REPRESENTATIVE LINDA HARPER-BROWN: Please excuse Representative Madden because of redistricting on a motion of Representative Geren. Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: Thank you Mrs. Speaker. I would like today to suspend all necessary rules to take up and consider House Resolution 1109, honoring Colby Bannister on his selection to compete for the Team USA in the 2011 Special Olympics World Summer Games in Athens, Greece. REPRESENTATIVE LINDA HARPER-BROWN: Members , you have heard the motion. Is there any objection? Hearing none. Rules are suspend. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR1109 by Hancock. WHEREAS, champion gymnast, Colby Bannister of North Richland Hills, has been selected to compete for Team USA in the 2011 Special Olympics World Summer Games in Athens, Greece; and WHEREAS, Mr. Bannister is one of just two male gymnasts who Will be representing the United States at the games, which will take Place from June 25 through July 4; he will be part of an American Entourage of more than 300 athletes who will join more than 7,000 Other competitors from 185 nations around the globe; and WHEREAS, Mr. Bannister has been actively competing in Gymnastics for the past two years, and in that short time, he has Established himself as a top athlete, winning 19 gold and 3 silver Medals; he is coached by Scott Taylor and LeAnn Sweny of Top Flight Gymnastics Training Center in Southlake; and WHEREAS, In recognition of his abilities, Mr. Bannister has Been named the Area 11 Male Athlete of the Year; he has also earned The Area 11 Outreach Award, and his family was named the Special Olympics Texas Family of the Year; Mr. Bannister serves on the board Of directors for Special Olympics Texas and travels throughout the United States promoting this outstanding program as a Senior Global Messenger; he enjoys public speaking and motivating others by Telling his story; and WHEREAS, Competing on the world stage as a Representative of One's country is both an honor and a challenge, and Colby Bannister's talent and determination are sure to serve him well as He takes part in the Athens games; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Colby Bannister on being selected To compete in gymnastics at the 2011 Special Olympics World Summer Games as a member of Team USA and extend to him sincere best wishes In his quest to bring home the gold; and, be it further RESOLVED, That an official copy of this resolution be Prepared for Mr. Bannister as an expression of high regard by the Texas House of Representatives. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: Thank you, Ms. Speaker. And I'd like to recognize the entire Bannister family. I've known the Bannisters for several years and I was a friend of theirs when Colby entered the world. And he's been a joy for many years. It's been a joy following him as he moves through high school years, and especially in this great accomplishment. And I appreciate them coming down before the House. They have will them today Margaret Larson, president and CEO of the Special Olympics; and so we want to thank you for coming down to the Texas House and giving us something to smile about. Representative Truitt. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Truitt.

REPRESENTATIVE VICKI TRUITT: Thank you, Madam Speaker. Members, Colby Bannister is a local hero in Tarrant County. So I hope that you will help us welcome him to his House, and thank Special Olympics for all the great things they do. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Hancock to move adoption.

REPRESENTATIVE KELLY HANCOCK: Move adoption. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. The resolution is adopted. Representative Truitt moves to add all members' names. Is there any objection? Hearing none. All members' names will be added. Chair recognizes Representative Taylor for an introduction.

REPRESENTATIVE VAN TAYLOR: Ms. Speaker, members, we are honored here today to have on the -- to have up in the gallery some friends who are visiting us from Richmond, Virginia. They're here on their 19th intercity visit, which offers Richmonders, who are from Richmond, Virginia, a Capitol to a Capitol travel experience. This year they've chosen come here to Austin and exchange ideas concerning economic development, to network with leaders in the Texas community. And here with us today we have Katherine Busser*, who is the executive vice-president. Stand up in the gallery, please, so we can recognize you, and CEO of Capitol One Bank, which is based in Virginia; which has been a very large presence here in Texas and particularly in my district here in Plano. There are two hundred bank branches in the Lone Star State and employing six thousand people here in Texas. The headquarters for the financial services division is located in Plano, employing 2500 North Texans. We also have Kim Scheeler*, president and CEO of the Greater Richmond Chamber of Commerce. And Suzette Denslow, chief of staff to Dwight Jones, who is the mayor of Richmond. Please join me in welcoming them to the Capitol of Texas. Thank you. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: Thank you, Madam Speaker. Madam Speaker, I move to suspend all necessary rules to take up and consider HR1198 at this time. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR1198 by Lewis. Recognizing April 7th, 2011, as Winkler County Day at the State Capitol. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: Thank you, Madam Speaker. Madam Speaker and members, we have a delegation here from Winkler County. This resolution celebrated and is in memorial of Winkler County. Winkler County recently celebrated its centennial. So this has been a very exciting time for the people in Kermit and Wink and all of the ranches around there. We have a delegation who has come about seven hours to be here with us, and I'd like the delegation from Winkler County to stand so we can recognize you. Thank you. Members, I move passage. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. Resolution is adopted. Chair recognizes Representative King for an introduction.

REPRESENTATIVE TRACY O. KING: Thank you Ms. Speaker and members, it gives me a great deal of pleasure, and it's an honor, you know one of my favorite places in the world is Brackettville, Texas in Kinney County. And today we have a delegation from them. And we have with us today the County Judge of Kinney County, Tim Ward; the superintendent of Brackettville Independent School District, Robert Westbrook; the High School Principal, Frank Taylor; the owner and reporter of The Kinney County Post, Ben Metcalf. And Mel Lonson* who is the County Commissioner in -- one of the county commissioners. And they're joined today, and the reason they're here is because of some student athletes that were honoring today. And the athletes that are being honored are Brannon Allen, 2010 Academic All Star Football Team; Kelsey Bruce with the 2010 Academic All Star Cross Country Team; Hayley Hail with the 2010 Academic All Star Cross Country Team; and Aden Lessinger 2010 Academic All Star Football Team; and Josh Smith with the 2010 Academic All Star Football Team. They've demonstrated great talent and perseverance over the course of their high school careers. And, specifically, several of them have wonderful, wonderful achievements. Kelsey Bruce was one of 2010 Academic All Star Cross Country Team and Haley Hail was also on that All Star Academic Cross Country Team. And then, in addition to that, Kelsey achieved 20 wins at the invitational meet and is this district's first Cross Country State Champion and the school's first female All Star Athlete to win a state championship in the history of the State of Texas. And a number of these athletes have been recognized for not only their athletic abilities, but their academic abilities. And at this time I would ask the folks from Kinney County if they could stand. They're in the gallery now in the northeast corner. And if y'all would stand. And please join me in giving a round of applause for these athlete from Kinney County, Texas. Thank you so much for being here. Welcome to the Texas House of Representatives. And it's my pleasure to represent each and every one of y'all in this Texas House of Representatives. Thank you Ms. Speaker and members for your attention. REPRESENTATIVE LINDA HARPER-BROWN: Please excuse Representative Christian because of important business for today and tomorrow, because of important business in the district; on a motion of Representative Phil King. Chair recognizes Representative Walle for a motion.

REPRESENTATIVE ARMANDO WALLE: Thank you Madam Speaker, I'd like to suspend all necessary rules to take up and consider HR1132. REPRESENTATIVE LINDA HARPER-BROWN: Members , you have heard the motion. Is there any objection? Hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR1132 by Walle. WHEREAS, Ryan Patrick Hogue, a valued employee of the Texas House of Representatives, is being deployed to Afghanistan in April 2011, and his many friends in the legislative community take pleasure in honoring him as he prepares to embark on his tour of duty; and WHEREAS, A member of the Texas Air National Guard, Staff Sergeant Hogue began his military tenure in 2000, when he joined the U.S. Air Force as an aerospace transportation craftsman; in addition to his work in Afghanistan, he has served in Oman, Qatar And Germany; and WHEREAS, In 2004, Staff Sergeant Hogue enlisted in the Air Force Reserve, and today he is based at Carswell Field with the Texas Air National Guard; specializing in the onload and offload of military planes, he also supervises other personnel and performs and manages a variety of air transportation activities; and WHEREAS, Ryan Hogue graduated from St. Louis University and is currently pursuing his Juris Doctorate at South Texas College of Law; his notable professional career has included employment with William Lacy Clay, Jr., and Al Green of the U.S. Congress, the firm Of Susman Godfrey, and state Representative Armando Walle, whose office he serves as a community liaison; and WHEREAS, A devoted husband and father, he enjoys the support Of a loving family, which includes his wife, Tiffany, his daughters, Bridget and Maggie, and his mother, Kathleen McAuley; And WHEREAS, Ryan Hogue once again is placing his personal and Professional goals aside in order to answer his nation's call to Duty, and he has earned the respect and appreciation of his fellow Texans for his selflessness and patriotism; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Ryan Patrick Hogue for his exemplary Service to this state and nation and extend to him sincere best Wishes for a swift and safe return to his family; and, be it further RESOLVED, That an official copy of this resolution be prepared for Staff Sergeant Hogue as an expression of high regard by The Texas House of Representatives. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Walle.

REPRESENTATIVE ARMANDO WALLE: Thank you, Madam Speaker. Members, I would like to get your special attention, please. Join me in recognizing Staff Sergeant Ryan Hogue, he's a member of my staff. Ryan has worked in my district office for about a year now. He works as a community liaison and he's an excellent, excellent staff member, part of the Walle Team. Ryan has been in the United States Air Force as an aerospace transportation craftsman since 2000. He was deployed to Afghanistan in 2001, shortly after September 11th, in support of Operation Enduring Freedom. And he has done tours, as mentioned before, in Oman, Quatar, Germany. We want to wish him very, very well and the safe trip back to Afghanistan. And we want to have a special recognition for him. His family is with him up here on the dias, members. Staff Sergeant Ryan Hogue; his wife, Tiffany; his daughters Bridget and Maggie. Please give them a round of applause. Thank you. Move adoption. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. The resolution is adopted. Representative Farias moves to aid all members' names. Is there any objection? Hearing none. So ordered. Representative Anderson for a recognition.

REPRESENTATIVE RODNEY ANDERSON: Madam Speaker, members, I have some guests here with me today that are -- if you guys would stand for me in the east gallery back here. We have today a group from the Grand Prairie in the Arlington area. This is our Generation Joshua group that is -- these are a group of home-schooled kids that have come down this week, that -- they are learning about the state government; learning about the way that we handle our business here in the House. I see Israel -- is Israel up there? Okay. I see. Is that you, Tina, sitting next to him? Okay. And Candice off to the side. These are their parents and their leaders. And, guys, I would really like for y'all to give a real big round of applause for the generation Joshua Group from Grand Prairie, Texas. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Truitt to introduce the Doctor of the Day.

REPRESENTATIVE VICKI TRUITT: Thank you, Madam Speaker. Members, it is my pleasure this morning to introduce our Doctor of the Day. He is a graduate of the University of Texas Health Science Center in Houston, for medical school. Did his residency at Memorial Hospital Family Practice Program in Houston, and is a member of the Texas Academy of Family Physicians. He's currently the Vice-President of Outpatient Clinical Services at John Peter Smith Hospital in Fort Worth. We can call him Dr. Edwards, I call him Rickey Dale. Please, let us welcome Dr. Rick Dale Edwards from Fort Worth. REPRESENTATIVE LINDA HARPER-BROWN: Mr. Ge ren, for what purpose?

REPRESENTATIVE CHARLIE GEREN: Madam Speaker, we have a messenger from the Senate at the door of the House. REPRESENTATIVE LINDA HARPER-BROWN: Please admit the messenger.

SENATE MESSENGER: Thank you, Madam Speaker. I'm directed by the Senate to inform the House that the Senate -- REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Gonzalez.

REPRESENTATIVE VERONICA GONZALES: Good morning, Ms. Speaker. Members, I move to suspend all necessary rules to take up and consider House Resolution 1056. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair -- Members, this is a memorial resolution. Will you please take your seats? Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR1056 by Gonzalez. In memory of Cristina "Crissy" Dalia Huff of Palmhurst. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Gonzalez.

REPRESENTATIVE VERONICA GONZALES: Thank you, Madam Speaker. Members, this is a memorial resolution for Cristina Dalia Huff of Palmhurst. It's a city in my district. At the age two years and eight months, Cristina Huff was diagnosed with kidney cancer and faced the battle of her life for the next six years. Angel Crissy, as she became known, lived life to the fullest. She didn't let anything let her down and she had amazing energy and courage. Angel Crissy was very faithful, and said God's going to take care of this cancer. She was the best friend to her mother, Maria Cristina Huff. Angel Crissy lost her battle with cancer on March 15th, 2011, at the age of nine; and is survived by her parents, Clay and Maria Huff, her two brothers, her two sisters, her grandparents and many, many relatives and friends who admired Crissy for her courage. Her mother, Maria Huff, plans on becoming an advocate for the fight against cancer and will work on setting up a foundation for families to help with the expense to care for children who are diagnosed with cancer, such as her Crissy. Please join me today in recognizing and giving our condolences to her mother and best friend, Maria Huff, along with her sisters, Marissa and Catherine who are here in the gallery today. And I move for adoption. REPRESENTATIVE LINDA HARPER-BROWN: Members , this is a memorial resolution. All those in favor, please rise. The memorial resolution is unanimously adopted.

REPRESENTATIVE VERONICA GONZALES: Thank you, members. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Hildebrand.

REPRESENTATIVE HARVEY HILDERBRAN: Thank you, Madam Speaker. Members, I move to suspend all necessary rules to take up and consider House Resolution 63. This resolution honors Rod Kennedy, one of the pioneers of Texas music, on his 80th birthday; and honors him for all of his contributions to Texas music. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR63 by Hildebrand. WHEREAS, The birthday of Rod Kennedy provides a welcome opportunity to sing the praises of this extraordinary man; and WHEREAS, While still a teenager, Mr. Kennedy entered the entertainment industry as a vocalist with the Bill Creighton Orchestra in Buffalo, New York; a live radio variety show in Albany soon hired him as a singer and cohost, and he gained further experience as the host of a jazz program in Boston before joining the U.S. Marines and deploying to Korea; and WHEREAS, Mr. Kennedy later enrolled at The University of Texas at Austin and assisted in establishing its radio station KUT; he served as the original manager of KAZZ-FM and became the owner of Austin station KHFI-FM, which helped numerous Austin folk artists reach a wider audience over the airwaves and at its summer concerts in Zilker Park; and WHEREAS, Mr. Kennedy demonstrated a deep commitment to his community and to the arts, serving as a director of the Austin Symphony Orchestra, the Austin Ballet Society, the Austin Civic Theater, and the Austin Aqua Festival; moreover, he coproduced the Longhorn Jazz Festival, which brought such giants as Miles Davis, Thelonious Monk, and Dizzy Gillespie to the Lone Star State; playing an increasingly important role in developing the Austin singer-songwriter scene, he opened the Chequered Flag nightclub, a notable showcase for emerging artists, among them future icons Townes Van Zandt and Jerry Jeff Walker; and WHEREAS, In 1972, Mr. Kennedy founded the Kerrville Folk Festival; it grew to become one of the nation's most popular live music events and helped launch the careers of Lyle Lovett, Robert Earl Keen, the Dixie Chicks, Lucinda Williams, and a host of other singer-songwriters; Mr. Kennedy also created the Kerrville Music Foundation to support educational services and sponsor a competition for beginning songwriters; while guiding the festival for some three decades, he produced more than 30 albums documenting performances there, as well as the Kerrville Wine & Music Festival and a variety of concerts across the United States and in Mexico; and. WHEREAS, Mr. Kennedy retired from the folk festival in 2002 but continued to serve as a consultant to its organizers and to promoters around the country; in addition, he produced the "Music from Kerrville" concert in The Woodlands in 2007 along with 24 major events for his nonprofit organization, the Kerrville Special Events Association; Mr. Kennedy's production credits over the past six decades number more than 1,500, and the list of artists he has worked with reads like an encyclopedia of contemporary American music; the many honors accorded this industry luminary through the years include the Armstrong Foundation Award for FM Broadcasting Excellence from Columbia University and a Lifetime Achievement Award from the World Folk Music Association; and WHEREAS, Although it is impossible to gauge the full effect Rod Kennedy has had on Texas music, it is clear that the best way to celebrate his still-evolving legacy is to continue to enjoy and support the rich creativity he has nurtured; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Rod Kennedy for his enormous contributions to music in the Lone Star State and beyond and extend To him sincere best wishes for a very happy birthday; and, be it further RESOLVED, That an official copy of this resolution be Prepared for Mr. Kennedy as an expression of high regard by the Texas House of Representatives. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Hildebrand.

REPRESENTATIVE HARVEY HILDERBRAN: Thank you, Madam Speaker. Members, Texans love music. We love it, in fact, so much that we even have our own genre called Texas Music. And Texas Music boils from a whole lot of different types of music, and we've become a mecca in the world for music. And my friend, Rod Kennedy, who turned 80 last year and was honored at the Paramount Theater where I appeared to present him a proclamation congratulating him on his 80th birthday, and commending him for his contributions; is here today with us. Please stand, Rod, and be recognized by the House of Representatives. I wanted to recognize Rod today in the House. I presented the proclamation last year, but I wanted to have it passed in the House and bring him here to honor him for all of his contributions to Texas Music, and being the founder of the Kerrville Folk Festival back in 1972. He had arrived as an artist extraordinaire, and has made huge contributions to all kinds of music, and especially a leader and pioneer in Texas Music, as you've heard from the resolution. Thank you, members. I move adoption of this resolution, House Resolution 63. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. Resolution is adopted. Ms. Beck? Chair recognizes Representative Anderson for a motion. CHARLES "DOC" ANDERSON: Thank you Ms. Speaker. Members, I would like to suspend all necessary rules to take up and consider House Resolution 1167. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR1167 by Anderson. Recognizing April 7, 2011, as Texas State Technical College Day at the State Capitol. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Anderson. CHARLES "DOC" ANDERSON: Thank you, members. It is a very special day today for us in the Capitol. TSTC, Texas State Technical College is the only state supported two-year technical college system in Texas and its mission is to help the Lone Star State meet the high-tech challenges of the current global economy. And, let me tell you, they're doing an outstanding job in that regard. This is one of the programs that really works. The youngsters can get their -- be it a year, year and-a-half, two years; and they can get out and get a job and have a very high placement rate. And, oftentimes, that's not the case when folks go to a typical four-year education program. And, with that, we have some folks we would like to recognize in the north gallery here. TSTC Board of Regents Chairman Roth Haberecht, did I come close on that, Roth? From Dallas. Linda McKenna from Harlingen; J.V. Martin from Sweetwater; Elvis Skinner from Spicewood; Joe Hearn from Dallas, and our own Gene Seamens from Corpus Christ, former member of the House. TSTC Chancellor Mike Reeser, and TSTC Waco President Elton Stuckley; TSTC Harlingen President Dr. Cesar Maldonado; TSTC Marshall President Colonel Randall Wooden, and TSTC West Texas President Gail Lawrence. There's other administrators in the gallery, and Representative Lucio would like to introduce some students and other administrators. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Lucio.

REPRESENTATIVE EDDIE LUCIO III: Thank you, Madam Chair. And I think it was just right on time that I was called up. My South Texas, Harlingen delegation from TSTC is currently walking in the gallery. We have some students from our campus down there. Robbie Zapata, who is incoming Student Body President and Miss TSTC Sarah Rogan. We also have Ruth Travino, Narciso Zapata and Ray Hernandez. From the administrative and instructor level we have, of course, Dr. Maldonado who has already been recognized. President of TSTC Harlingen, Adam Hutchinson Chief of Staff; Adele Clinton Instructor; Angie Gonzalez, my good friend, welcome Angie; and Barb Bennett instructor. Thanks everyone for being here. And from my region, Linda McKenna, my dear friend. And thank you, Linda, for being here. Big round of applause, members. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative King.

REPRESENTATIVE SUSAN KING: Thank you Madam Speaker and members. I don't know, maybe other people have more than one TSTC campus in their district, but I have two. I have one in Abilene and one in Sweetwater. And there is a new chancellor. Where is he? Please stand up. Mike Reeser, he's from Sweetwater. He's now the chancellor. A great guy, very visionary, and I have on the button, you see it? It says "But we've always done it that way." And the reason he wears this is to say think outside of the parameters of what we always do, be visionary and do great things for Texas. Thank you, everyone from TSTC, for being here. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Hughes.

REPRESENTATIVE BRYAN HUGHES: Thank you Madam Speaker. Members, as we honor TSTC and the work that they do I want to point out Colonel Randy Wooden and TSTC Marshal. Colonel Wooden served in the air force. He flew everything from a Cessna B52 -- commanded a B52 Wing in Desert Storm, served us in many years, many conflicts and all over the place. And we're thankful for him. And with that, TSTC Marshal and Colonel, welcome to your Capitol. Welcome Colonel Wooden, please. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Howard.

REPRESENTATVIE CHARLIE HOWARD: I just want to make everyone aware that we have a Fort Bend Technical Center that is doing extremely well. They're really educating our students and they are getting jobs as soon as they graduate. Thank you for being in Fort Bend County. REPRESENTATIVE LINDA HARPER-BROWN: Chair recognizes Representative Anderson. CHARLES "DOC" ANDERSON: Thank you, members. And two important points that there's a TSTC interactive display on the ground floor of the rotunda in the Capitol today. Please stop by in your travels and visit that, it's very informative. And we would like to announce that there's a ice cream social, Representative Hamilton, ice cream social from 2:00 to 5:00 this evening. Thank you, members. Move adoption. REPRESENTATIVE LINDA HARPER-BROWN: Members , you've heard the motion. Is there any objection? Hearing none. The resolution is adopted. Representative Hughes moves to add all members' names. Is there any objection? Hearing none. So ordered. Representative Torres? Chair recognizes Representative Torres for a motion.

REPRESENTATIVE RAUL TORRES: Madam speaker and members, I move adoption.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. The Resolution is adopted. Representative Scott moves to add all Members' names to the resolution. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Torres.

REPRESENTATIVE RAUL TORRES: Madam Speaker and members, may I have your attention for just a moment, please? Members, I would like an opportunity to tell you a story, a story that represents why we're here today. A story of your hard work over the years that has inspired a city, a community, a school to achieve excellence; not only in the classroom but in the field of competition. Today we have here among us the squad of the State Champions and Class 3A basketball team of the West Oso Bears from Corpus Christi. Please join me in congratulating them. Will you please stand? They are up here on this side of the House floor. Thank you very much. And the administrators from West Oso, thank you very much. Gentlemen, ladies, thank you. You bring honor to the City of Corpus Christi and you remind us in the House that why we're here is to create the opportunities for excellence on the field of competition, but in the classroom. And what makes this group unique, ladies and gentlemen, members, is that this group not only excels on the basketball court but excel and excel in the classroom. A true testament of the efforts of the community come together is exhibited by this team. They lead another wonderful, well-talented high school of the -- high school team in front of ten thousand plus spectators, and they competed in the competition -- pardon me, they exhibited one of hard work, hard play, and good sportsmanship. For many reasons why they won, Willie Harper, Ron Heartson. And we can go on with the rest of the team with Mr. Avery, Mr. Marshall, Mr. Thompson, Mr. Grant*

(inaudible). All of these team people came together as a team to do something that hasn't been done in our city of Connie Scott, Representative Scott and myself, in fifty-one years. So, West Oso Bears, which are headed by the coach, Arnold Flores and Coach Carter, thank you very much. And other people, thank you very much for inspiring these children to excel on the basketball court but, as we know, they excel in the classroom. God bless you and thank you for coming and allowing us to recognize your efforts. So Connie, members, I just want to tell you that Representative Scott and myself are very honored to have them here. So thank you.

THE SPEAKER: Chair recognizes Representative Taylor and Representative Eiland for a recognition.

REPRESENTATIVE CRAIG EILAND: Mr. Speaker, I like y'all to help us, Mr. Taylor and myself, welcome the Galveston Chamber of Commerce, as well as the Texas City Chamber of Commerce to our gallery today. If y'all can stand up? Texas La Marque Chamber as well as the Galveston Chamber. Welcome to the Texas House.

REPRESENTATIVE LARRY TAYLOR: And, members, we will be having reception tonight from 5:00 to 7:00 at Perry's Restaurant here in town, if y'all come out and meet our good folks from home. Thank you very much. Thank you folks.

THE SPEAKER: Chair recognizes Representative Flynn for a motion.

REPRESENTATIVE DAN FLYNN: Thank you, Madam Speaker. Madam Speaker and members, I would like to suspend all necessary rules and take up and consider House Resolution 1176 celebrating the sixty-ninth anniversary of the Bataan Death March for the Texas State Guard that are marching from Camp Mabry to the State Capitol.

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

CLERK: HR1176 by Flynn. Commemorating the sixty-ninth anniversary of the Bataan Death March.

THE SPEAKER: Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: Move adoption.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. Resolution is adopted. Chair recognizes Representative Rodriguez for a motion.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Madam Speaker and members, I would like to suspend all the necessary rules to take up and consider House Resolution 1104.

THE SPEAKER: Members, you have heard the motion. Is there any objection? Hearing none. Motion is adopted. Chair lays out the following resolution. Clerk will read the Resolution.

CLERK: HR1104 by Rodriguez. WHEREAS, From the colonial era to the present day, Texas has derived great benefits from its Tejano population and the innumerable contributions made by the state's residents of Hispanic heritage are indeed deserving of special recognition; and WHEREAS, The date of April 6th has special meaning for Latinos in Texas; on that day in the year 1813, Jose Bernardo Maximiliano Gutierrez de Lara proclaimed the independence of Texas from Spanish rule; his declaration came after the military group he helped lead the Gutierrez-Magee Expedition, had seized San Antonio from royalist forces; the revolutionary contingent was made up of many volunteers of several different ethnicities, including Hispanics Native Americans, and Anglos; occurring more than two decades before the better-known Texas Revolution of 1836, this action was an important pioneering effort in the struggle to bring republican government to Texas; and WHEREAS, A few months after independence was proclaimed these early revolutionaries were forced to defend their newly liberated land; on August 18, 1813, proudly flying their emerald green flag, they marched out to meet Spanish forces south of San Antonio in the Battle of Medina, considered to be the bloodiest engagement ever fought on Texas soil, with more than 1,300 men believed to have been killed; the vast majority of the casualties were suffered by the republican forces, who were greatly outnumbered by the royalist army, and this battlefield defeat signaled the end of the independent state that had been established; and WHEREAS, This often-overlooked chapter of Texas history illustrates the vital contributions that Tejanos have made to the development of our state; by commemorating the significance of April 6, 1813, we justly honor the essential role that Hispanics have played in our society through the centuries; now, therefore be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize April 6, 2011, as Tejano Independence Day and encourage all Texans to reflect on the state's rich and vibrant Latino heritage.

THE SPEAKER: Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker and members. I think it's very important that we take the time to recognize April 6th as Tejano Independence Day to appreciate that the Tejanos have made the difference in our great state. Tejanos have played a vital role in early pioneer efforts, fighting for our state's independence and are great citizens of our state. Madam Speaker and members, I move passage.

THE SPEAKER: Members, you have heard the motion. Is there any objection? Hearing none. Resolution is adopted. Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Madam Speaker and members. With respect, I would like to call up House Resolution 578, which was previously adopted. All I want to do is -- basically, I want to recognize and congratulate Primetime Tejano on twenty years of programming in Austin Metro area, as the longest running Tejano Latino program in Austin. The family oriented program plays a leading role in keeping the Hispanic and Latino community informed on the latest economic, political, social and entertainment issues that may impact our lives. Primetime Tejano serves thirty-four percent of the Hispanic and Latino communities in the Austin viewing area and has a estimated viewing audience of 634,000 people and growing. Right now I would like to recognize Jerry Aguilar, and Dan Arriano* who are up there. I would ask that you would put your hands together and recognize them, please. I would like to also recognize the Augusta* family, and the Aguilar* family and the Armado* family for their contribution in making Primetime Tejano for the successful program that it has become. Thank you very much.

THE SPEAKER: Chair recognizes Representative White for a recognition.

REPRESENTATIVE JAMES WHITE: Madam Speaker and members, I would like to direct your attention to the gallery where we're joined today by a group from San Jacinto County for their Legislative Day. San Jacinto County is located in the southern part of House District 12, which I proudly represent. It is a home to part of the Sam Houston National Forest, Lake Livingston and the Double Lake Recreation area. Sections of the county were part of Stephen F. Austin's original college. The county seat, Coldspring, is the home of the Houston Heritage Center, Old Town Coldspring. The 1887 jail museum and the oldest continually active United Methodist Church in Texas, established in 1840. The town square holds antique stores, art studios and restaurants. The next time you are in the area I would recommend you to stop in Elaine's Restaurant for some excellent chicken-fried steak. Please join me in welcoming the delegation from San Jacinto County, Nick and Debbie Carter. Thank you very much. Would you stand, please? Yes, stand. Thank you. Thank you.

THE SPEAKER: Members, just to update you on what we are doing today on our schedule for the day. We are about to go on the congratulatory and memorial calendar. Following that, we will go to the local and consent calendar. Then we will break for lunch. Several committees will be having formal meetings, so this will allow them time to meet and for you to grab a bite to eat. Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Madam Speaker and members, I'd like to take this time to suspend all necessary rules and take up and consider House Resolution number 1130 and House Resolution Number 1174.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Chair lays out the following resolutions. The clerk will read the Resolutions.

CLERK: HR1130 by Kolkhorst. In memory of Bill E. Herod of Navasoda. HR1174 by Kolkhorst. Honoring the Reverend Darrell Dever on his installation as pastor of First Missionary Baptist Church in Huntsville.

THE SPEAKER: Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Members, I move passage of both resolutions.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Hearing none. The resolutions are adopted.

(House stands adjourned.)

THE SPEAKER: Members, we're ready to begin consideration of the congratulatory calendar and memorial calendar. The following congratulatory resolutions have been withdrawn: HR915, HR1066 and HR1043. The following resolutions have been previously adopted: HR963 and HR1033. Chair lays out the following congratulatory resolutions. The Clerk will read the resolutions.

CLERK: HR886 by Smith of Harris. Commemorating the dedication of the Texas Historical Marker honoring George Washington Carver High School in Baytown. HR887 by Smith of Harris. Congratulating Deysi Martinez of Channelview on mastering English as her second language and winning third-place honors in the Crenshaw Elementary School spelling bee. HR889 by Craddick. Congratulating Charles and Sylvia Hale of Stanton on their fiftieth wedding anniversary. HR895 by Frullo. Honoring Tony and Margaret Balios of Lubbock on their fiftieth wedding anniversary. HR896 by Anderson of McClendon. Congratulating Carrol and Blanch Ward of McGregor on their sixtieth wedding anniversary. HR897 by Anderson of McClendon. Congratulating Sam and Emily Skrhak of McGreggor on their fiftieth wedding anniversary. HR898 by Anderson of McClendon. Congratulating Ed and Merle Wittner of Woodway on their sixtieth wedding anniversary. HR899 by Anderson of McClendon. Congratulating Boots and Dorothy Baker on their fiftieth wedding anniversary. HR900 by Anderson of McClendon. Congratulating Ray and Joan Anderson on their fiftieth wedding anniversary. HR901 by Anderson McClendon. Congratulating Charles and Ruby Joe Crelia of Waco on their fiftieth wedding anniversary. HR902 by Anderson of McClendon. Congratulating Fred and Martha Vinson of Waco on their seventieth wedding anniversary. HR903 by Anderson of McClendon. Congratulating Jack and Faye Dell Clements of West on their sixtieth wedding anniversary. HR904 by Anderson of McClendon. Congratulating Ervin and Mary Kaddatz of West on their seventieth wedding anniversary. HR905 by Anderson of McClendon. Congratulating Steve and Karen Briggs of Robbin son on their twenty fifth wedding anniversary. HR906 by Marquez. Congratulating Jim Phillips on being 2010 El Pasoan of the year by El Paso Incorporated. HR907 seven by Marquez. Congratulating Casa Ford Lincoln Mercury for its service to the residents of El Paso. HR908 by Marquez. Honoring Dr. Diana Natalicio for her service as the president of The University of Texas at El Paso. HR909 by Marquez honoring Dr. Richard Rhodes for his service as the President of El Paso Community College. HR911 by Marquez. Honoring Woody and Gayle Hunt of El Paso for philanthropic work. HR916 by Burkett. Congratulating Captain David Shedd on being the 2011 Paramedic of the Year by the Mesquite Fire Department. HR917 by Burkett. Congratulating Jason Sutcliffe on being named the 2011 Paramedic of the Year by the Mesquite Fire Department. HR919 by Veasey. Commemorating the 128th session of the Texas Annual Conference of the African Methodist Episcopal Zion Church. HR921 by Marquez. Commemorating the 150th anniversary of the El Paso Museum of Art. HR923 by Aliseda. Commending Arthur McCall of Pleasanton for his achievements as an artist and game warden. HR927 by Gallego. Congratulating Casie De Luna on being named Firefighter of the Year by the Val Verde County Volunteer Fire Rescue Department. HR933 by Hartnett congratulating Weblos Scouts of Cub Scout Pack Number 710 in Dallas on attaining the Arrow of Light Award. HR944 by Hilderbran congratulating Robert Terrel on his retirement as constable for Precinct 4 of Kerr county. HR972 of Sarah Davis of Harris. Congratulating Van Van Osdall of Houston on her 100th birthday. HR954 by Duke. Commemorating the induction of Willie Wells of the Texas Sports Hall of Fame. HR955 by Flynn. Congratulating Glenn and Sherry Northcutt of Ben Wheeler on their fiftieth wedding anniversary. HR956 by Strama. Honoring Victor Gonzalez, Mayor Pro Tem of Pflugerville, on becoming a Certified Municipal Official. HR960 by Sheffield. Congratulating Earnest and Lillian Winkler of Temple on their sixty-fifth wedding anniversary. HR961 by Sheffield. Congratulating Willie and Eula Bennet of Rockdale on their sixty-fifth wedding anniversary. HR962 by Sheffield. Congratulating Rufus and Betty Ruth Hurley of Temple on their sixtieth wedding anniversary. HR968 by Crownover. Honoring the life of S.J. "Sweet" Estes on the occasion of her posthumous nomination to the National Cowgirl Museum and Hall of Fame. HR972 by Eiland honoring Marian Thomas for her work as executive director and CEO of Communities in Schools in Galveston County. HR973 by Flynn. Congratulating Canton High School archery team on winning its second consecutive state championship. HR974 by King of Parker. Congratulating the Brock High School Girl's Basketball Team on winning the 2011 UIL 2A State Championship. HR976 by Parker. Congratulating Elizabeth Lester on being named the 2010 Student Ambassador of the Year by People To People Ambassador Program. HR978 by Cain. Honoring Dr. M. LaVelle Hendricks on his twentieth pastoral anniversary with East Caney Missionary baptist Church in Sulphur Springs. HR981 by Sheffield. Congratulating Jesse and Minnie Garcia of Temple on their sixtieth wedding anniversary. HR982 by Sheffield. Congratulating Melvin and Alice Gerngross of Temple on their seventieth wedding anniversary. HR984 by Hardcastle. Commemorating the fiftieth anniversary of Fred's Corner Grill in Vernon. HR986 by Bonnen. Congratulating Theodore and Dorothy Kaspar of Brazoria on their fiftieth wedding anniversary. HR991 by Zedler. Congratulating Casey and Kyle Shufelt of Fort Worth on the birth of their son, Jude Anthony Shufelt. HR992 by Anderson of McClendon. Congratulating the members of the West High School Lady Trojan Powerlifting Team on the performance at the Texas High School Powerlifting Association Region II Championship. HR993 by Anderson of McClendon. Congratulating the Crawford High School Lady Pirates Basketball Team on winning the 2010-2011 District 16-2A Championship. HR994 by Anderson of McClendon. Congratulating the Robinson High School Tennis Team for qualifying for the 2011 State Tournament. HR999 by Anderson of McClendon. Commemorating Alexis Rodriguez of Waco for rescuing her two cousins from a house fire. HR1000 by Anderson of McClendon. Congratulating Ella Whitley on her selection as a finalist for the 2011 HEB Excellence in Education Award. HR1002 by Anderson of McClendon. Congratulating the Midway High School 2011 Softball Team on winning the First Annual Midway Varsity Tournament. HR1004 by Anderson of McClendon. Congratulating the Midway High School 2011 Spirit of Midway Award Winner. HR1005 by Cook. Congratulating Joe B. Cannon on his receipt of 2010 Outstanding 50-year Lawyer Award from the Texas Bar Foundation. HR1006 by McClendon. Commending the San Antonio Youth Counsel of the NAACP on its Twelfth Annual Youth Image Awards Banquet. HR1014 by Lozano. Commending the Honorable Juan Manuel Escobar of Kingsville for his public service. HR1015 by Margo. Congratulating Jaime Barceleau of El Paso on receiving the 2011 Lifetime Achievement Award from the Rio Grande Branch of the National Association of Social Workers. HR1017 by Burkett. Congratulating Gary Cooper on being named the 2010 Civilian of the Year by the Mesquite Police Department. HR1018 by Burkett. Congratulating Officer Stephen Killingsworth on being named the 2010 Mesquite Police Department Officer of the Year. HR1024 by Veasey. Honoring Pastor Emeritus Hoise Bell of Berea Baptist Church on the dedication of chapel in his name. HR1025 by Miller of Comal. Honoring Gene Carnes for his contributions to Freemasonry. HR1027 by Cain. Congratulating Georgia Weddle on receiving the Lifetime Achievement Award from the Girl Scouts of Northeast Texas. HR1029 by Larry Gonzalez of Williamson. Congratulating McNeil High School basketball coach Darrell Hagemann on winning his 400th game. HR1032 by Brown. Congratulating the George Bush Presidential Library and Museum at Texas A & M University in College Station on receiving its two-millionth visitor. HR1034 by Hilderbran. Congratulating Paul and Monica Minzenmayer of Rowena on earning the 2011 Achievement Award from the American Farm Bureau Federation. HR1036 by Bonnen. Congratulating J. Michael and Leslie A. Lowrey of Jackson on their receipt of the 2011 Philanthropist of the Year Award from the Community Foundation of Brazoria County. HR1037 by Bonnen. Congratulating Jimmy Miller on his receipt of the 2009 Peace Officer of the Year Award from the 100 Club of Brazoria County. HR1044 by Davis of Dallas. Congratulating boys' basketball team of Kimball High School in Dallas on winning the UIL 4-A State Championship. HR1052 by Frullo. Commending Roger Haldenby on his career with Plains Cotton Growers Incorporated. HR1057 by Gonzalez of Hidalgo. Congratulating Dr. Stepanie Hidalgo on her receipt of the Outstanding latino/a Faculty in Higher Education

(Teaching Institutions) Award from the American Association of Hispanics in Higher Education. HR1058 by Gonzalez of Hidalgo. Honoring Edinburg Hospital on five years of service to the Rio Grande Valley. HR1061 by Burkett. Congratulating Captain Terry Ratliff on his retirement from the Mesquite Fire Department. HR1063 by Schwertner. Honoring T.J. "Hap" Rosson of Georgetown on his 100th birthday. HR1066 by Guitierrez. Recognizing April 13th, 2011, as Alice Trevino Ramirez Day and commending Ms. Ramirez on her 35th anniversary at the Discovery School of San Antonio.

THE SPEAKER: Members, the question is on the adoption of the congratulatory resolutions read by the clerk. Is there objection? Chair hears none. All the congratulatory resolutions are adopted. Members, would you please take your seats? We are about to go on the memorial calendar. If you have conversations, members, please take your conversations outside the rail. The following memorial resolutions have been withdrawn: HR809 and HR1047. The following memorial resolutions have been previously adopted: HR971 and HR1056. Chair lays out the following memorial resolutions. The clerk will read the resolutions.

CLERK: HR884 by Pitts. In memory of longtime Ennis volunteer firefighter Jodie Harbert, Jr. HR885 by Smith of Harris. In memory of George Calvin Love of Houston. HR890 by Gallego. In memory of Juan S. Olivares, Jr., of Del Rio. HR910 by Marquez. In memory of Frank Alarcon of El Paso. HR910 by Smith of Harris. In memory of Charles Garrison of Deer Park. HR918 by Veasey. In memory of Steve Randolph Powell, Jr., of Forest Hill. HR920 by Morrison. In memory of Leonard H. Von Dohlen, III of Goliad. HR922 by King of Zavala. In memory of Carolyn Louise Baker of Hondo. HR924 by Button. In memory of Leona "DeRue" Fischer of Sunnyvale. HR925 by Margo. In memory of Sondra Dailey of El Paso. HR943 by Hilderbran. In memory of Richard Y. Thorpe of Ballinger. HR945 by Hilderbran. In memory of Danny Duggan of Cherokee. HR953 of Veasey. In memory of Paula Dare Roberts Baker. HR964 by Coleman. In memory of Ernest Zachary Clouser of Houston. HR965 by Hardcastle. In memory of Henry Leland Snow of Wichita Falls. HR970 by Pitts. In memory of Chuck Demoney of Waxahachie. HR977 by Zerwas. In memory of Captain Thomas Araguz, III, of the Wharton Volunteer Fire Department. HR983 by Hilderbran. In memory of Harold Dean Martin of Junction. HR985 by Hardcastle. In memory of Edward L. Lehman of Vernon. HR987 by Bonnen. In memory of Harry Edward Wille, Jr., of Clute. HR988 by Bonnen. In memory of Robert Raye Dixon of Brazoria County. HR990 by Howard. In memory of George Quentin Breazeale of Austin. HR995 by Anderson of McClendon. In memory of Deryl W. Abbe, Sr., of Waco. HR996 by Anderson of McClendon. In memory of V. Irene Clifton of Hewitt. HR997 by Anderson of McClendon. In memory of Lucia Alderete Anaya of McGregor. HR998 by Anderson of McClendon. In memory of Montie Belle Seals of Waco. HR1001 by Anderson of McClendon. In memory of Gean Bartoli of Waco. HR1003 by Anderson of McClendon. In memory of Mary Sykora of West. HR1007 by Anderson of McClendon. Commemorating the centennial of the death of frontier hero U.S. Army Brigadier General John Lapham Bullis. HR1019 by Orr. In memory of former Texas State Representative Charles D. Kirkham, Jr., of Cleburne. HR1041 by Castro. In memory of U.S. Air Force First Class Corey C. Owens of San Antonio. HR1053 by Guillen. Commemorating the dedication of Bravo Park in Zapata County and the unveiling of a marker honoring the park's namesake, Judge Manuel B. Bravo. HR1055 by Margo. In memory of Frank Feuille IV, of El Paso. HR1059 by Gonzalez of Hidalgo. In memory of Blanca Ramirez Shawn of San Juan. HR1064 by Hilderbran. In memory of retired U.S. Army colonel and university professor, D.r Charles T. McDowell. HR1065 by Gutierrez. In memory of Rafael Hernandez of San Antonio. HR1067 by Raymond. In memory of Fernando A. Salinas of Laredo. HR1068 by Raymond. In memory of Barbara Kazen of Laredo.

THE SPEAKER: Members, the question is on the adoption of the memorial resolutions read by the clerk. Members, these are memorial resolutions. All those in favor please rise. Now memorial resolutions are unanimously adopted. Members, that concludes our calendar. Thank you for your cooperation. Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Madam Speaker, members, I move to suspend all necessary rules to take up HR1251.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. Motion is adopted. Chair lays out Resolution Number 1251. Clerk will read the Resolution.

CLERK: HR1251 by Harper-Brown. WHEREAS, Proud citizens of Irving are gathering on April 9 2011, to celebrate the dedication and grand opening of the West Irving Library; and WHEREAS, This handsome 25,000-square-foot building is projected to receive a gold LEED certification from the U.S. Green Building Council in recognition of its environmentally responsible design and construction; the library's architecture incorporates large, north-facing windows to maximize the use of natural light while some 1,400 solar panels --

THE SPEAKER: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Madam Speaker and members, I -- This is the opening of the West Irving Library that received a gold LEED certification. And I move passage.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. The Resolution is adopted. Chair recognizes Representative Workman.

REPRESENTATIVE PAUL WORKMAN: Madam Speaker and members, today in the gallery there is a large group of young men and woman from various universities around, including the University of Texas El Paso, Texas Tech University, Prairie View A&M and Texas A&M; who are all in the construction related curriculum. And they are here to visit our Capitol today and to learn a little bit about the legislative process. And I'd like to ask you to help me welcome the students from around the state. Gentlemen and ladies, would you please stand? Welcome to your House.

THE SPEAKER: Excuse Representative Hunter because of the Redistricting Committee, on the motion of Representative Otto. Chair recognizes Representative Patrick for an introduction.

REPRESENTATIVE DIANE PATRICK: Madam Speaker, members, I'd like to recognize a very special group we have with us in the gallery today. A group from Baylor University, the Baylor Ambassadors. I would like to invite all of you who are Baylor Bears to join me at the podium as we recognize your presence and welcome you to the Capitol. The Baylor Ambassadors is a unique student organization that acts to assist Baylor University in lobbying its local, state, and federal officials. They will probably be in somebody's offices today. Baylor Ambassadors also host public officials that visit the Baylor University campus. Please join me in recognizing the Baylor Ambassadors who are in the gallery. Welcome to your Capitol.

THE SPEAKER: Members, we're about to go on the Local and Consent Calendar. The Chair recognizes Mrs. Thompson to give us some information, please.

REPRESENTATIVE SENFRONIA THOMPSON: Thank you, Madam Speaker and members. We are fixing to go on the Local and Consent Calendar. If you have a bill on the calendar, if you would like to delay for the Senate Bill to catch up with you, please let us know that prior to us getting to your bill. Thank you.

THE SPEAKER: Members, we're about to go on the Local and Consent Calendar. The Chair recognizes Representative Thompson to explain House Bill 7.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, I would like to substitute House Bill 7 for Senate Bill 24. Senate Bill 24 is a mirror image of House Bill 7 that many of you signed on. What this bill does is that it enlarges the definition of human trafficking and increases the penalties for those persons who are trafficking in human beings. I move passage.

THE SPEAKER: Members, the Senate Companion today, House Bill 7 is over and eligible. According to the Chair -- The Chair lays out Senate Bill 24. Is there any objection? The Chair hears none and lays out Senate Bill 24, and recognizes Mrs. Thompson.

CLERK: Senate Bill 24 by Van de Putte, AN ACT relating to the prosecution, punishment, and certain criminal and civil consequences of offenses involving or related to the trafficking of persons and to certain protections for victims of those offenses.

THE SPEAKER: The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I move passage on the Senate Bill 24.

THE SPEAKER: Is there any objection? The Chair hears none. So moved. Representative Thompson moves to lay out House Bill 7 on the table, subject to call. Is there any objection? The Chair hears none. So moved. Chair recognizes Representative Menendez on House Bill 42.

REPRESENTATIVE JOSE MENENDEZ: Thank you Madam Speaker and members, House Bill 42 makes it a criminal offense to damage a permanent or semipermanent structure and leave the scene of the accident without locating or attempting to locate the owner of the damaged property and giving or leaving contract information.

THE SPEAKER: Is there objection to consideration of House Bill 42? The Chair hears none and lays out House Bill 42. The clerk will read the bill.

CLERK: HB 42 by Menendez, relating to the use of a wireless communication device while operating a motor vehicle, providing for penalties.

THE SPEAKER: The Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Move passage.

THE SPEAKER: Members, you've heard the motion. Is there objection? The Chair hears none. So moved. The Chair recognizes Representative Menendez on House Bill 46 -- to explain House Bill 46. House Bill 46 has been withdrawn. Chair lays out House Bill 118 and recognizes Representative McClendon to explain the bill.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Madam Speaker and members, this bill is related to provisions of notice for certain hospitals regarding patients' medical records. Move passage.

THE SPEAKER: Is there objection to consideration of House Bill 118? Chair hears none. And lays out House Bill 118. The clerk will read the bill.

CLERK: HB 118 by McClendon. Relating to requiring the provision of notice by certain hospitals regarding patients' medical records.

THE SPEAKER: The Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.

THE SPEAKER: Members, the motion is passed, is on passage of H Bill 118 to third reading. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Walle to explain House Bill 191.

REPRESENTATIVE ARMANDO WALLE: Thank you Madam Speaker. House Bill 191 increases the distance that a new auto-wrecking or salvage yard must be from a church, school or residence; from three hundred to six hundred feet.

THE SPEAKER: Is there any objection to the consideration of House Bill 191? The chair hears none and lays out House Bill 191. The clerk will read the bill.

CLERK: HB 191 one by Walle. Relating to regulation of automobile wrecking and salvage yards in certain counties.

THE SPEAKER: The Chair recognizes Representative Walle.

REPRESENTATIVE ARMANDO WALLE: Move adoption.

THE SPEAKER: Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Pickett to lay out or explain House Bill 205.

REPRESENTATIVE PICKETT: Thank you, Madam Chair. House Bill 205 makes it the same bill passed in the City of El Paso as the one in Fort Worth.

THE SPEAKER: Is there objection to consideration of House Bill 205? The Chair hears none and so ordered. The Chair lays out House Bill 205. The Clerk will read the bill.

CLERK: House Bill 205 by Pickett, relating to the imposition by certain municipalities and the municipal transit departments of the local sales and use tax in certain federal military installations.

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

CLERK: Amendment by Pickett.

THE SPEAKER: The Chair recognizes Representative Pickett to explain the amendment.

REPRESENTATIVE JOE PICKETT: Madam Chair, the amendment clarifies that part of the sales tax that is for an emergency services district, and part of it is the city sales tax.

THE SPEAKER: The question is on the adoption of the amendment. Is there objection? Chair hears none and the amendment is adopted. The Chair recognizes Representative Pickett.

REPRESENTATIVE JOE PICKETT: Move passage.

THE SPEAKER: The question is on passage to a third reading of House Bill 205. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Hilderbran on House Bill 266.

REPRESENTATIVE HARVEY HILDERBRAN: Madam Speaker and members, this bill addresses matching -- address matching software by state agencies.

THE SPEAKER: Is there objection of consideration of House Bill 266? The Chair hears none and lays out House Bill 266. The Clerk will read the bill.

CLERK: House Bill 266 by Hilderbran. Relating to the use of address matching software by certain state agencies.

THE SPEAKER: The Chair recognizes Representative Hilderbran.

REPRESENTATIVE HARVEY HILDERBRAN: Move passage.

THE SPEAKER: Members, the question occurs on the passage of House Bill 266. Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Flynn on House Bill 282.

REPRESENTATIVE DAN FLYNN: Thank you, Madam Speaker. House Bill 282 allows the Adjutant General to consider the housing needs of the State Guard prior to selling off under-utilized armor.

THE SPEAKER: Is there objection to consideration of House Bill 282? Chair hears none and lays out House Bill 282. The Clerk will read the bill.

CLERK: House Bill 282 two by Flynn. Relating to an analysis by the adjutant general to considering the needs of the state military forces before grants or conveyances of real property.

THE SPEAKER: The Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: Move passage.

THE SPEAKER: Members, the question occurs on passage to third reading of House Bill 282. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain House Bill 289.

REPRESENTATIVE JIM JACKSON: Madam Speaker, House Bill 289 is a definition of employment harmful to a child, sexual conduct or performance by a child, human trafficking and employing a minor into a sexually oriented business as a common nuisance law.

THE SPEAKER: Is there objection to consideration of House Bill 289? Chair hears none and lays out House Bill 289. The Clerk will read the bill.

CLERK: HB 289 by Jackson. Relating to activity that constitutes maintaining a common nuisance.

THE SPEAKER: The Chair recognizes Representative Jackson.

REPRESENTATIVE JIM JACKSON: Move passage.

THE SPEAKER: The question is on passing of House Bill 289 to third reading. Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Menendez to explain House Bill 308.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker and members, House Bill 308 simply adds a requirement for a throwable type or personal flotation device for chapter thirty one.

THE SPEAKER: The Chair -- Is there objection in consideration of House Bill 308? Chair hears none. So ordered. And the Chair lays out House Bill 308. The clerk will read the bill.

CLERK: HB 308 by Menendez. Relating to life preserving devices on recreational vehicles.

THE SPEAKER: The Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 308. Is there objection? The Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 328.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, this takes a feed -- this is a clean-up bill that changes the dot com to dot gov. Move passage.

THE SPEAKER: Members, you've heard the motion. Is there objection? The Chair hears none. The Chair lays out House Bill 328. The Clerk will read the Bill.

CLERK: HB 328 by Guillen. Relating to information provided to a person that's applying for a state tax permit or license.

THE SPEAKER: The Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move adoption.

THE SPEAKER: Members, the motion is on passage to the third reading of House Bill 328. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Castro to explain House Bill 399.

REPRESENTATIVE JOAQUIN CASTRO: Madam Speaker and members, House Bill 399 ensures that the general academic and teaching institutions all offer personal literacy to all children.

THE SPEAKER: Is there objection to consideration of House Bill 399? The Chair hears none. So ordered. The Chair lays out House Bill 399. The Clerk will read the Bill.

CLERK: HB 399 by Castro. Relating to requiring general academic institutions to offer personal financial literacy training.

THE SPEAKER: The Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: Move passage.

THE SPEAKER: Members the question occurs on the passage of House Bill 399 to third reading. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Quintanilla on House Bill 407.

REPRESENTATIVE QUINTANILLA: Members, I'd like to postpone House Bill 407 for the next calendar.

THE SPEAKER: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Aycock to explain House Bill 412.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, Madam Chair. House Bill 412 empowers the State Board of Veterinary Examiners to change how they enforce disciplinary matters regarding peer assistance programs.

THE SPEAKER: Is there objection in consideration of House Bill 412? The Chair hears none and lays out House Bill 412. The Clerk will read the bill.

CLERK: HB 412 by Aycock. Relating to the requirements of certain impaired veterinarians to participate in the peer assistance program.

THE SPEAKER: The Chair recognizes Representative Aycock.

REPRESENTATIVE JIMMIE DON AYCOCK: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 412 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Aycock to lay out House Bill 413.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, Madam Speaker. This bill provides information being transferred that does not constitute a problem for the veterinarian that is trying to collect the debt, it does not remove the -- character of that information.

THE SPEAKER: Is there objection to consideration of House Bill 413? The Chair hears none and lays out House Bill 413. The clerk will read the bill.

CLERK: HB 413 by Aycock. Relating to the confidentiality of certain information held by veterinarian.

THE SPEAKER: The Chair recognizes Representative Aycock.

REPRESENTATIVE JIMMIE DON AYCOCK: Move passage.

THE SPEAKER: Members, you've -- the question occurs on passage of HB 413 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Aycock to explain House Bill 414.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, madam Speaker, 414 changes the time in which the State Board of Veterinary Medical Examiners is required to conduct their examinations.

THE SPEAKER: Members, is there objection in consideration of House Bill 414? The Chair hears none. So ordered. And the Chair lays out House Bill 414. The Clerk will read the Bill.

CLERK: HB 414 by Aycock. Relating to the conducting of licensing examinations for the State Board of Veterinary Medical Examiners.

THE SPEAKER: The Chair recognizes Representative Aycock.

REPRESENTATIVE JIMMIE DON AYCOCK: Move passage.

THE SPEAKER: Members, the question occurs on the passage to third reading of House Bill 414. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 441.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, this takes a fee in two different parts of the code that stay in two different locations, and puts them together in the same code so that they are in the same location.

THE SPEAKER: Members, is there any objection to consideration of House Bill 441? The Chair hears none and lays out House Bill 441. The Clerk will read the bill.

CLERK: HB 441 by Guillen relating to the fees of certain commercial vehicles.

THE SPEAKER: The Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move adoption.

THE SPEAKER: Members, the question occurs on the passage of third reading of House Bill 441. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative White to explain his very first bill, House Bill 460. Is there objection?

REPRESENTATIVE JAMES WHITE: Yeah. Bring it on. Okay.

THE SPEAKER: There is an objection, Mr. White.

REPRESENTATIVE JAMES WHITE: Okay. Bring it on, again.

THE SPEAKER: Mr. Branch, for what purpose?

REPRESENTATIVE DAN BRANCH: Would the gentleman yield?

THE SPEAKER: Do you yield, Mr. White?

REPRESENTATIVE JAMES WHITE: Yes, I yield.

REPRESENTATIVE DAN BRANCH: -- on the file, Mr. White, on a local bill don't say, "Bring it on".

THE SPEAKER: The Chair recognizes Representative Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: Represent ative White, is this really your first bill? Is it?

REPRESENTATIVE JAMES WHITE: Absolutely.

REPRESENTATIVE RALPH SHEFFIELD: Could you explain what your bill actually does, please?

REPRESENTATIVE JAMES WHITE: Yes. Yes. It requires that -- 460 relates to requiring the Board of Directors of the Hospital District in Trinity County to have five members present, to have a quorum. Right now it's four and they are requesting five.

REPRESENTATIVE RALPH SHEFFIELD: Where is Trinity County?

REPRESENTATIVE JAMES WHITE: Trinity County is in East Texas.

REPRESENTATIVE RALPH SHEFFIELD: I know there's a lot of hospitals over in that part of the woods, as you would say, that don't really have hospitals so --

REPRESENTATIVE JAMES WHITE: Well, I wouldn't --

REPRESENTATIVE RALPH SHEFFIELD: Is there any reason why we are shrinking the directorship because not many people are --

REPRESENTATIVE JAMES WHITE: No, we're actually increasing it. But I wouldn't -- I wouldn't talk about the people in Trinity County like that. You might find some buckshot somewhere. I wouldn't mess with the folks out in Trinity County.

REPRESENTATIVE RALPH SHEFFIELD: I'm real curious about the folks back behind you. Just for a class photo or what?

REPRESENTATIVE JAMES WHITE: It could be. And then they know about the people in Trinity County, too. Yeah.

REPRESENTATIVE RALPH SHEFFIELD: Good luck on your bill.

REPRESENTATIVE JAMES WHITE: All right. Thank you.

REPRESENTATIVE DEBBIE RIDDEL: And this being your first bill, this is about hospitals in your county?

REPRESENTATIVE JAMES WHITE: Yes, ma'am.

REPRESENTATIVE DEBBIE RIDDEL: So this is bracketed for just your county?

REPRESENTATIVE JAMES WHITE: It's just my county.

REPRESENTATIVE DEBBIE RIDDEL: I didn't know your county had a hospital.

REPRESENTATIVE JAMES WHITE: Trinity County?

REPRESENTATIVE DEBBIE RIDDEL: Uh-huh. Uh-huh.

REPRESENTATIVE JAMES WHITE: It has one.

REPRESENTATIVE DEBBIE RIDDEL: It has one?

REPRESENTATIVE JAMES WHITE: It does.

REPRESENTATIVE DEBBIE RIDDEL: Congratulat ions on your first bill.

REPRESENTATIVE JAMES WHITE: Thank you. Thank you.

REPRESENTATIVE DEBBIE RIDDEL: You are going to do well.

REPRESENTATIVE JAMES WHITE: Yes, ma'am.

THE SPEAKER: Is there any objection for the consideration of House Bill 460? The Chair hears none. So ordered. The Chair lays out House Bill 460 and the Clerk will read the bill.

CLERK: HB 460 by White. Relating to the board of directors of the Trinity Memorial Hospital District.

THE SPEAKER: The Chair recognizes Representative White.

REPRESENTATIVE JAMES WHITE: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 460 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Bernam to explain House Bill 468.

REPRESENTATIVE LON BURNAM: Madam Speaker, members, House Bill 468 simply designates a small portion of Interstate 35 in Fort Worth, and this will be in my district, as a Memorial Freeway in honor of Cesar Chavez.

THE SPEAKER: Is there any objection to consideration of House Bill 468? Hearing none and lays out House Bill 468. The Clerk will read the Bill.

CLERK: HB 468 by Berman. Relating to the designation of the report of Interstate Highway 35 West as the Cesar Chavez Memorial Freeway.

THE SPEAKER: Chair recognizes Representative Bernam.

REPRESENTATIVE LON BURNAM: Move adoption.

THE SPEAKER: Members, the question occurs on passage to third reading of House Bill 468. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Orr to explain his House Bill 479.

REPRESENTATIVE ROB ORR: Madam Speaker and members, House Bill 479 allows the board of an economic development corporation in a county less than thirty thousand in population to conduct a meeting anywhere in the county. And I move adoption.

THE SPEAKER: Is there objection to consideration of House Bill 479? The Chair hears none and lays out House Bill 479. The Clerk will read the bill.

CLERK: HB 479 by Orr. Relating to the location of board meetings in certain economic development corporations.

THE SPEAKER: The Chair recognizes Representative Orr.

REPRESENTATIVE ROB ORR: Move passage.

THE SPEAKER: Members, the question occurs on the passage to third reading of House Bill 479. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Shelton to explain House Bill 530.

REPRESENTATIVE MARK SHELTON: Thank you, Madam Chairman. House Bill 530 allows for a Chief of Police to designate somewhere in their office to register a sex defender. Move passage.

THE SPEAKER: Is there objection in consideration of House Bill 530? Chair hears none and lays out House Bill 530. The Clerk will read the Bill.

CLERK: HB 530 by Shelton. Relating to the definition of local law enforcement authority for purposes of the sex offender registration program.

THE SPEAKER: The Chair recognizes Representative Shelton.

REPRESENTATIVE MARK SHELTON: Move passage.

THE SPEAKER: Members, the question occurs on the passage to third reading of House Bill 530. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Phillips to explain House Bill 534.

REPRESENTATIVE LARRY PHILLIPS: This is the creation to my (inaudible).

THE SPEAKER: Is there any objection to consideration of House Bill 534? The Chair hears none and lays out House Bill 534. The Clerk will read the bill.

CLERK: House Bill 534 by Phillips. Relating to the powers and utilities of the Gunter Municipal Utility Districts Numbers 1 and 2.

THE SPEAKER: The Chair calls on Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Move passage.

THE SPEAKER: Members, the question occurs on passage to third reading of House Bill 534. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Howard of Travis to explain House Bill 555.

REPRESENTATIVE DONNA HOWARD: Thank you, Madam Speaker and members. House Bill 555 aligns the state's (inaudible) regarding boating accident reports to federal regulation.

THE SPEAKER: Is there objection to consideration of House Bill 555? Chair hears none and lays out House Bill 555. The Clerk will read the bill.

CLERK: HB 555 by Howard of Travis. Relating to reportable boating accidents and the penalties for certain boating accidents.

THE SPEAKER: The Chair recognizes Representative Howard.

REPRESENTATIVE DONNA HOWARD: Move passage.

THE SPEAKER: Members, the question occurs on passage of House Bill 555 to third reading. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Castro to explain House Bill 650.

REPRESENTATIVE JOAQUIN CASTRO: Madam Speaker and members, House Bill 650 deals with how junior colleges report and handle abandoned property.

THE SPEAKER: Is there any objection to consideration of House Bill 650? Chair hears none and lays out House Bill 650. The Clerk will read the Bill.

CLERK: HB 650 by Castro. Relating to property held by certain junior colleges and presumed abandoned.

THE SPEAKER: The Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: Move passage.

THE SPEAKER: Members, the question occurs on passage to third reading of House Bill 650. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Button to explain House Bill 679.

REP. ANGIE CHEN BUTTON: Thank you, Madam Speaker. Members, HB 679 will bring the dollar amount so change order approval can be dedicated to an administrator to $50,000 and give more local controls and state's personnel cost.

THE SPEAKER: Is there objection to consideration of House Bill 679? Chair hears none and lays out House Bill 679. The clerk will read the bill.

CLERK: HB 679 by Button. Relating to change order approval requirements for certain political subdivisions of the state.

THE SPEAKER: The Chair recognizes Representative Button.

REP. ANGIE CHEN BUTTON: Move passage.

THE SPEAKER: Members, the question occurs on passage to third reading of House Bill 679. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Brown to explain House Bill 682.

REPRESENTATIVE FRED BROWN: Thank you, Madam Speaker. Members, I move to postpone House Bill 682 until the end of today, local and consent calendar.

THE SPEAKER: Is there any objection to consideration of House Bill 682? The Chair hears none and lays out House Bill 682. The clerk will read the bill. The Chair lays out House Bill 70 -- The Chair recognizes Representative Fletcher to explain House Bill 709.

REPRESENTATIVE ALLEN FLETCHER: Madam Chairman, members, House Bill 709 proposes the creation of a utility district known in Harris County as District 524.

THE SPEAKER: Is there objection in consideration of House Bill 709? Chair hears none and lays out House Bill 709. The Clerk will read the Bill.

CLERK: House Bill 709 by Fletcher. Relating to creation of the Harris County Municipal Utility District Utility Number 524; providing authority to impose a tax and issue bonds, granting a limited power of eminent domain.

THE SPEAKER: The Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 709 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Harless to explain House Bill 723.

REPRESENTATIVE PATRICIA HARLESS: I move to withdraw until the next week's calendar.

THE SPEAKER: Representative moves to postpone to the next calendar. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Chisum to explain House Bill 729.

REPRESENTATIVE WARREN CHISUM: I move to postpone 729.

THE SPEAKER: Members, you've heard the motion. Representative moves to postpone House Bill 729. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Patrick to explain House Bill 734.

REPRESENTATIVE DIANE PATRICK: Mr. Speaker and members, House Bill 734 relates to the jurisdiction of constitutional county courts over truancy cases and the appointment of magistrates to hear truancy cases in certain counties.

THE SPEAKER: Members, there is an amendment. The following amendment, the clerk will read the amendment.

CLERK: HB 734 by Patrick. Relating to jurisdiction of constitutional county courts over truancy cases and the appointment of magistrates to hear truancy cases in certain counties.

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

CLERK: Amendment by Patrick.

THE SPEAKER: The Chair recognizes Representative Patrick to explain the amendment.

REPRESENTATIVE DIANE PATRICK: Madam Speaker and members, this amendment simply adjusts the figures to include the current county population of 1.75 million more of new U.S. census numbers.

THE SPEAKER: The question is on the adoption of the amendment. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Patrick.

REPRESENTATIVE DIANE PATRICK: Madam Speaker and members, I move passage of House Bill 734.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 734. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Darby to explain House Bill 811.

REPRESENTATIVE DREW DARBY: Thank you Madam Chair and members, this bill simply allows a small rural hospital to actively recruit physicians to serve the medical needs of the community.

THE SPEAKER: Is there objection to the consideration of House Bill 811? Chair hears none and lays out House Bill 811. The Clerk will read the Bill.

CLERK: HB 811 by Darby. Relating to the powers and duties of small county hospitals in the district.

THE SPEAKER: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Move passage.

THE SPEAKER: Members, the question occurs on the third reading of House Bill 811. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Gonzalez of El Paso on her very first bill. Her very, very first bill. House Bill 840.

REPRESENTATIVE GONZALEZ: Thank you Madam Speaker and members, this will allow the El Paso Hospital District to go ahead and directly employ physicians and dentists in order to recruit doctors to medically underserved areas in El Paso.

THE SPEAKER: Is there objection for consideration of House Bill 840? Representative Marquez, for what purpose?

REPRESENTATIVE MARISA MARQUEZ: Would the lady yield for some questions?

THE SPEAKER: Do you yield?

REPRESENTATIVE GONZALEZ: Before I begin, I would like to say that I have checked my teeth. There's nothing in there, there is no crusted mucus in my nostrils. I'm not wearing a blouse that requires a button to be buttoned. My fly is up and I don't have shoes that need to be tied. And, with that, I yield and let the hazing commence.

REPRESENTATIVE MARISA MARQUEZ: Representa tive Gonzalez, you say here that it allows you to employ physicians and other health care providers. Can you give me maybe a ten minute explanation of health care providers?

REPRESENTATIVE GONZALEZ: Health care provider is very important part of our community. They are the cornerstone of what makes people better and we want healthy communities. Therefore, health care providers --

REPRESENTATIVE MARISA MARQUEZ: What's in -- What's another specific name for health care provider?

REPRESENTATIVE GONZALEZ: Doctor.

REPRESENTATIVE MARISA MARQUEZ: No, you already have that in there.

REPRESENTATIVE GONZALEZ: Dentist.

REPRESENTATIVE MARISA MARQUEZ: You already have that in there, as well.

REPRESENTATIVE GONZALEZ: Optometrist.

REPRESENTATIVE MARISA MARQUEZ: -- for ten minutes.

REPRESENTATIVE GONZALEZ: No, ma'am. This is a great bill. Thank you.

REPRESENTATIVE MARISA MARQUEZ: Representa tive Gonzalez, thank you.

THE SPEAKER: Is there objection? For what purpose, Mr. Shelton?

REPRESENTATIVE MARK SHELTON: Would the lady yield for some questions?

THE SPEAKER: Would you yield for some questions?

REPRESENTATIVE GONZALEZ: Dr. Shelton, I will always yield for a question for you.

REPRESENTATIVE MARK SHELTON: And I'd like to --

THE SPEAKER: The lady yields.

REPRESENTATIVE MARK SHELTON: Thank you, Madam Chairman. Is El Paso part of Texas?

REPRESENTATIVE GONZALEZ: El Paso is part of Texas. However, after going to the museum this past weekend, I learned that it was originally part of New Mexico. But we're now part of Texas and proud Texans at that.

REPRESENTATIVE MARK SHELTON: So El Paso is subject to Texas law?

REPRESENTATIVE GONZALEZ: That is correct.

REPRESENTATIVE MARK SHELTON: So if we pass a law in Texas, that can apply to everyone in the state; is that correct?

REPRESENTATIVE GONZALEZ: Well, in this particular case it would only apply to El Paso County. But your statement is actually correct. I say yes.

REPRESENTATIVE MARK SHELTON: Have you ever employed a physician?

REPRESENTATIVE GONZALEZ: I'm sorry?

REPRESENTATIVE MARK SHELTON: Have you ever employed a physician?

REPRESENTATIVE GONZALEZ: Have I ever employed a physician? No, I have not.

REPRESENTATIVE MARK SHELTON: Yeah, we are pretty high maintenance. And I realize this is your first bill, but I think we need to be careful when -- in separating now different parts of the state from laws that affect everyone in the state. And so thank you for your consideration.

REPRESENTATIVE GONZALEZ: Thank you, sir.

REPRESENTATIVE MARK SHELTON: Thank you, Madam Chairman.

THE SPEAKER: Now is there further objection to consideration of House Bill --

REPRESENTATIVE VAN TAYLOR: Madam Chair?

THE SPEAKER: For what purpose, Mr. Taylor?

REPRESENTATIVE VAN TAYLOR: Just a quick question.

THE SPEAKER: Would you yield, Ms. Gonzalez?

REPRESENTATIVE GONZALEZ: I yield, but I have a parliamentary inquiry. What constitutes a quick question?

REPRESENTATIVE VAN TAYLOR: I'll tell you.

REPRESENTATIVE GONZALEZ: I yield.

REPRESENTATIVE VAN TAYLOR: El Paso is part of Texas, we all appreciate that. What time is it right now in El Paso?

REPRESENTATIVE GONZALEZ: 11:03.

REPRESENTATIVE VAN TAYLOR: 11:03? So what time would this take effect in El Paso, if it does pass?

REPRESENTATIVE GONZALEZ: At this rate, probably by, you know, 10:00 o'clock p.m. tonight, Austin time.

REPRESENTATIVE VAN TAYLOR: Thank you.

THE SPEAKER: Is there any objection? Chair hears none. So thank you. The Chair lays out House Bill 840 and the clerk will read the Bill.

CLERK: HB 840 by Gonzalez of El Paso. Relating to the power and authority of the El Paso County Hospital District as related in need to employ physician and dentists.

THE SPEAKER: Representative Bonnen, for what purpose?

REPRESENTATIVE DENNIS BONNEN: Well, yeah, I actually have a serious concern about this bill. Later on the calendar, Representative Coleman has an agreed to bill, House Bill 1567 in relation to the appointment of physicians in rural community. I'm trying to understand how this bill with El Paso County, which I think is a larger county in point position, is now on the local calendar.

THE SPEAKER: Does the lady yield?

REPRESENTATIVE GONZALEZ: I yield.

REPRESENTATIVE DENNIS BONNEN: I'm just confused -- Well, the bill later on the calendar by Representative Coleman, 1567, it is an agreed to bill --

REPRESENTATIVE GONZALEZ: Yes.

REPRESENTATIVE DENNIS BONNEN: -- that allows the physician employment by rural communities who have a hard time attracting doctors.

REPRESENTATIVE GONZALEZ: That's correct.

REPRESENTATIVE DENNIS BONNEN: Why is El Paso County's bill being separately handled, and why is El Paso County Hospital District being allowed to do this?

REPRESENTATIVE GONZALEZ: There are several reasons, Representative Bonnen. Allow me to explain. As the law currently --

REPRESENTATIVE DENNIS BONNEN: My question is --

REPRESENTATIVE GONZALEZ: Yes, and I'm going to address it. So as the law currently stands, there are certain counties that are allowed to currently -- their hospital districts are allowed to employ physicians. El Paso County is not yet one of those counties.

REPRESENTATIVE DENNIS BONNEN: How many counties are currently allowed to employ physicians?

REPRESENTATIVE GONZALEZ: It is Dallas, Bayer, Harris, and on the Bill that is in front of us. But right now we are addressing mine, which is El Paso County.

REPRESENTATIVE DENNIS BONNEN: I'm not confused on the fact that it's yours. I understand that quite well.

REPRESENTATIVE GONZALEZ: Well, I'm glad.

THE SPEAKER: Representative Bonnen, do you have any further questions?

REPRESENTATIVE DENNIS BONNEN: Quite candidly, I am just confused why bills making significant change, in all due respect, Representative, Harris County is not allowed to employ physicians at this time. There's a bill to come that should create that opportunity, but I'm just shocked that there's a local bill allowing employment of physicians, which is an issue that we've been working and fighting over for many sessions. But I won't object, because somehow we're doing things like this now on the local calendar.

REPRESENTATIVE GONZALEZ: Thank you, sir. I appreciate that.

REPRESENTATIVE GARNET COLEMAN: Madam Speaker?

THE SPEAKER: For what purpose, Mr. Coleman?

REPRESENTATIVE GARNET COLEMAN: Will the gentle-lady yield for questions?

THE SPEAKER: Do you yield, Representative Gonzalez?

REPRESENTATIVE GONZALEZ: I yield.

REPRESENTATIVE GARNET COLEMAN: As you know that in the discussions in the County Affairs Committee about larger urban counties there was discussion with the Texas Medical Association, and they testified in favor of doing large counties one at a time, but no statewide bill; is that correct?

REPRESENTATIVE GONZALEZ: That is correct, because they could not agree to the language and all of the bills, and there were certain bill that they preferred over the others, and mine was one of the bills -- and thank you for pointing that out -- that they were in favor of.

REPRESENTATIVE GARNET COLEMAN: But I do have a bill that is pending in committee that has all the ability for all the hospital districts to do exactly what you are doing, or a version of what you are doing in this bill; is that correct?

REPRESENTATIVE GONZALEZ: That is correct, sir.

REPRESENTATIVE GARNET COLEMAN: Okay. And this particular bill is one that is agreed to as well; is that correct?

REPRESENTATIVE GONZALEZ: That is correct.

REPRESENTATIVE GARNET COLEMAN: Okay. Thank you.

REPRESENTATIVE GONZALEZ: Thank you. Move adoption.

UNIDENTIFIED WOMAN SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose?

UNIDENTIFIED WOMAN SPEAKER: How much time does this lady have remaining?

THE SPEAKER: Six minutes.

UNIDENTIFIED WOMAN SPEAKER: Okay. May I ask a question, please?

THE SPEAKER: Do you yield, Representative Gonzalez?

REPRESENTATIVE GONZALEZ: I do not yield at this time, and I ask that this bill to be postponed to the end of the calendar.

THE SPEAKER: You heard the motion. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Gonzalez to explain House Bill 841.

REPRESENTATIVE GONZALEZ: Yes Madam Speaker and members, thank you. This is a simple bill that will clean up the references to the Department of Family and Protective Services and certain sections of the family code.

THE SPEAKER: Is there any objection?

REPRESENTATIVE LARRY PHILLIPS: Would the gentle --

THE SPEAKER: For what purpose, Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: Would the gentle-lady yield for some questions?

THE SPEAKER: Would you yield, Representative Gonzalez?

REPRESENTATIVE GONZALEZ: Yes.

REPRESENTATIVE LARRY PHILLIPS: So you postponed the previous one, so would this technically be your first bill?

REPRESENTATIVE GONZALEZ: Sure.

REPRESENTATIVE LARRY PHILLIPS: You know, I keep reading through your bill and I'm trying to figure out, you don't like the name of currently the department, the way it's currently written? What is it that they do to you that forced you to have to change their name?

REPRESENTATIVE GONZALEZ: It was a traumatizing experience that happened back in 1997, sir. And ever since then I vowed that if I made it to the Texas House, I would change the name and have it reflected in the annals of history.

REPRESENTATIVE LARRY PHILLIPS: Well, you know, at my first session I was asked to carry a similar bill and it was one of the most important piece of legislation I had, when we changed the name of an agency to correct it correspondingly with the rest of the statute. So I think you have a very good bill.

REPRESENTATIVE GONZALEZ: Well, thank you, Mr. Phillips. I appreciate that.

THE SPEAKER: Is there -- Yes, Mr. Quintanilla?

REPRESENTATIVE CHENTE QUINTANILLA: For some questions.

THE SPEAKER: Do you yield, Ms. Gonzalez

REPRESENTATIVE GONZALEZ: Yes, ma'am, I yield.

REPRESENTATIVE CHENTE QUINTANILLA: Repres entative Gonzalez, your last name ends with a Z?

REPRESENTATIVE GONZALEZ: That's correct.

REPRESENTATIVE CHENTE QUINTANILLA: Oh, man. So you are different from all the other Gonzales', right?

REPRESENTATIVE GONZALEZ: Yes, I am.

REPRESENTATIVE CHENTE QUINTANILLA: Well, it is a welcome sight. I want to welcome you to the Texas House with your first bill and congratulate you, because you are such a welcome sight here. Thank you.

REPRESENTATIVE GONZALEZ: Thank you, Representative Quintanilla. I appreciate that.

THE SPEAKER: Is there any objection to consideration of House Bill 841? The Chair hears none. Chair lays out House Bill 841. The Clerk will read the bill.

CLERK: House Bill 841 by Gonzalez of El Paso. Relating to the State statutory references in reference to the Department of Family and Protective services.

THE SPEAKER: The Chair recognizes Representative Gonzalez.

REPRESENTATIVE GONZALEZ: Move passage.

THE SPEAKER: Members, the question occurs on the House Bill 841 to the third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis of Dallas to explain House Bill 871.

REPRESENTATIVE DAVIS: Thank you, members. House Bill 871 allows the inclusion of physical and occupational therapy as an optional service that the county can provide under the indigent health care.

THE SPEAKER: Is there objection to consideration of House Bill 871? Chair hears none. So ordered. Lays out House Bill 871. The Clerk will read the bill.

CLERK: HB 871 by Davis of Dallas. Relating to indigent health care services provided by a county.

THE SPEAKER: The Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE DAVIS: Move adoption.

THE SPEAKER: Members, the question occurs on the passage to third reading of House Bill 871. Is there any objection? Chair hears none. so ordered. The chair calls on Representative Smith to explain House Bill 886.

REPRESENTATIVE WAYNE SMITH: Members, the House Bill 886 forms a Harris County Utility District Number 528, and Municipal Utility District formed entirely within the City of Baytown and to the City of Baytown.

THE SPEAKER: Is there any objection to consideration of House Bill 886? Chair hears none and lays out House Bill 886. The clerk will read the bill.

CLERK: HB 886 by Smith of Harris. Relating to the Harris County Municipal Utility District Number 528 providing authority to provide impose tax an issue bonds, relating to the limited power of eminent domain.

THE SPEAKER: The Chair recognizes Representative Smith of Harris.

REPRESENTATIVE WAYNE SMITH: Move for passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 886. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Phillips on -- to explain House Bill 135.

REPRESENTATIVE LARRY PHILLIPS: Thank you Madam Speaker and members, I move to postpone House Bill 935 until the next local and consent calendar as a Senate Bill will be over and announced, shortly.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Dukes to explain House Bill 943.

REPRESENTATIVE DAWANNA DUKES: Mr. Speaker and members, House Bill 943 codifies the Family Protective Services' protocol for reporting missing children from the state's conservatorship.

THE SPEAKER: Is there any objection in consideration of House Bill 943? Chair hears none. So ordered. The Chair lays out House Bill 943. The clerk will read the bill.

CLERK: HB 943 by Dukes. Relating to reporting requirements concerning missing persons, including missing children and managing conservatorship of the Department of Family Protective Services.

THE SPEAKER: The Chair recognizes Representative Dukes.

REPRESENTATIVE DAWANNA DUKES: Move passage.

THE SPEAKER: Members, the question occurs on passage to third reading of House Bill 943. Is there any objection? Chair hears none. So ordered.

THE SPEAKER: The Chair recognizes Representative Callegari to explain House Bill 965.

REPRESENTATIVE BILL CALLEGARI: Members, House Bill 965 allows certain people to take internet classes to further their continuing education.

THE SPEAKER: Is there any objection to consideration of House Bill 965? The Chair hears none and lays out 965. The Clerk will read the bill.

CLERK: HB 965 by Callegari. Relating to continuing education requirements to persons holding licenses issued by the Texas Commission on Environmental Quality.

THE SPEAKER: The Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: I move passage.

THE SPEAKER: Members, the question occurs on passage to third reading of House Bill 965. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Castro to explain House Bill 994.

REPRESENTATIVE JOAQUIN CASTRO: Madam Speaker, House Bill 994 relates to proceedings that may be referred to criminal law matters in Bexar County.

THE SPEAKER: Is there objection to consideration of House Bill 994? Chair hears none and lays out House Bill 994. The clerk will read the Bill.

CLERK: HB 994 by Castro. Relating to the proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County.

THE SPEAKER: The Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: I move passage.

THE SPEAKER: Members, the motion occurs on passage to third reading of House Bill 994. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Bonnen on House Bill 1010.

REPRESENTATIVE DENNIS BONNEN: This allows the City of Angleton and the City of Hillsboro in Chairman Pitts' district, to allow weight for overweighed trucks coming out of major ports.

THE SPEAKER: Is there any objection to consideration of House Bill 1010? Chair hears none and lays out House Bill 1010. The clerk will read the bill.

CLERK: HB 1010 by Bonnen. Relating to enforcement of state commercial motor vehicle safety standards in certain municipalities.

THE SPEAKER: The Chair recognizes Representative Bonnen.

REPRESENTATIVE DENNIS BONNEN: I move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1010. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Phillips to explain House Bill 1028. Representative Phillips?

REPRESENTATIVE LARRY PHILLIPS: Thank you. This provides protection to victims and victim's families.

THE SPEAKER: Mr. Dutton, for what purpose? REPRESENTATIVE HAROLD V. DUTTON, JR.,: Wo uld the gentleman yield for questioning?

THE SPEAKER: Do you yield, Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: Be glad to.

THE SPEAKER: He yields. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Mr. Phillips, I am not sure how I feel about your bill, but can you explain to me, on line thirteen of the bill it says for a member of the victim's family. Who would that include or exclude?

REPRESENTATIVE LARRY PHILLIPS: Well, actually, whoever is in the victim's family. REPRESENTATIVE HAROLD V. DUTTON, JR.,: I mean, who would it be? Third cousins, fourth cousins, fifth cousins, sixth cousins? I mean --

REPRESENTATIVE LARRY PHILLIPS: Well, if the judge decides that the fifth cousin is part of the family at home and part of that victim's family, the judge could put that person in there. Because they are part of the family, I guess. I don't know if they would, but family is family. REPRESENTATIVE HAROLD V. DUTTON, JR.,: So do you -- could you contemplate that the Judge would fill out the names of the people that the defendant would not be --

REPRESENTATIVE LARRY PHILLIPS: Right. And that's what we do. The judges have authority to do that. This bill would be used, and probably in limited circumstances, where you have someone that would have -- is pretty agreed that its a family situation. REPRESENTATIVE HAROLD V. DUTTON, JR.,: We ll, I understand that. I'm just trying to be clear on what, who, who the universe was in terms of member of the victim's family.

REPRESENTATIVE LARRY PHILLIPS: Yeah, I think typically family is within the second degree of consanguinity. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th at's what you intend, then?

REPRESENTATIVE LARRY PHILLIPS: Yes. I would be talking about -- So you can't -- Family -- Well, my anticipation is that they would put that in the order and it would specifically say what family members that they couldn't meet; because you may have some situations where one side of the family gets along and the others don't. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ri ght. And we have that all the time. I'm curious as to, I guess, this bill only takes effect when a person is actually confined, though. They would actually have to be in the prison --

REPRESENTATIVE LARRY PHILLIPS: That would have to be for the state -- Convicted. Right. REPRESENTATIVE HAROLD V. DUTTON, JR.,: -- where they will be prohibited from contacting them. And I guess with the incidence of cell phone in prisons, I guess you obviously take care of that. But I suppose, most of the time, this will be taken care of in terms of sending a letter of some kind, maybe?

REPRESENTATIVE LARRY PHILLIPS: Right. REPRESENTATIVE HAROLD V. DUTTON, JR.,: An d if they sent a letter to the victim -- So I'm just trying to be sure that the defendant is going to have a proper notice of who he or she is prohibited from contacting.

THE SPEAKER: Is there objection to consideration of House Bill 1028? REPRESENTATIVE HAROLD V. DUTTON, JR.,: No.

THE SPEAKER: The Chair hears none. The Chair lays out House Bill 1028. The Clerk will read the bill.

CLERK: House Bill 1028 by Phillips, relating to certain contacts to the criminal defendant and the victim of the offense to which the defendant is convicted or the members of the victim's family.

THE SPEAKER: The Chair recognizes Representative Phillips. Mr. Dutton, do you have any more questions? REPRESENTATIVE HAROLD V. DUTTON, JR.,: No/ as long as -- With your intent -- Well, Madam Speaker, would the gentleman yield?

THE SPEAKER: Will you yield, Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: Yes.

THE SPEAKER: Yes, the gentleman yields. REPRESENTATIVE HAROLD V. DUTTON, JR.,: As long as it's your intent that the judge is going to name in the order who the defendant is not supposed to contact so the defendant is not --

REPRESENTATIVE LARRY PHILLIPS: Correct. That is the intent and this is giving in to the judge's discretion. It's not a blanket. REPRESENTATIVE HAROLD V. DUTTON, JR.,: I understand. Okay. Thank you, Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you. I move passage.

THE SPEAKER: The question occurs on the passage of House Bill 1028 to third reading. Is there any objection? The Chair hears none. So ordered. Chair recognizes Representative Smithee to explain House Bill 1032.

REPRESENTATIVE JOHN SMITHEE: Mr. Speaker and members, House Bill 1032 provides a rescission period in annuity contacts to twenty days.

THE SPEAKER: Is there objection to consideration of House Bill 1032? The Chair hears none and lays out House Bill 1032. The clerk will read the bill.

CLERK: HB 1032 by Smithee. Relating to the rescission period for annuity contacts.

THE SPEAKER: Chair recognizes Representative Smithee.

REPRESENTATIVE JOHN SMITHEE: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1032. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Kleinschmidt to explain House Bill 1060.

REPRESENTATIVE TIM KLEINSCHMIDT: Members, House Bill 1060 provides for the de-annexation of land within the Bastrop County Aquifer Conservation District, Both districts have passe a resolution in favor of this.

THE SPEAKER: Is there any objection to consideration of House Bill 1060? Chair hears none and lays out House Bill 1060. The Clerk will read the bill.

CLERK: HB 1060 by Kleinschmidt. Relating the de-annexation of land in Bastrop County by the Barton Springs-Edwards Aquifer Conservation District.

THE SPEAKER: The Chair recognizes Representative Kleinschmidt.

REPRESENTATIVE TIM KLEINSCHMIDT: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1060. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Davis of Harris to explain his House Bill 1091.

REPRESENTATIVE DAVIS: Thank you, Mr. Speaker and members. This bill amends the Health and Human Service Code to authorize certain hospital districts to contract with FQAC.

THE SPEAKER: Is there any objection to consideration of House Bill 1091? The Chair hears none and lays out House Bill 1091. The Clerk will read the bill.

CLERK: HB 1091 by Davis of Harris. Relating to the authority of certain hospital districts to contract for the performance of administrative functions and services.

THE SPEAKER: The Chair recognizes Representative Davis of Harris.

REPRESENTATIVE DAVIS: Madam Speaker, I move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1091. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. HB 1116 makes the use of radar jamming devices illegal.

THE SPEAKER: Is there objection to consideration of House Bill 1116? Chair hears none and lays out House Bill 1116. The Clerk will read the bill.

CLERK: HB 1116 by Harper-Brown. Relating to prohibiting the sale and use of radar or interference devices creating an offense.

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

THE SPEAKER: The question occurs on the passage of House Bill 1116 to the third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Hancock to explain House Bill 1167.

REPRESENTATIVE KELLY HANCOCK: Yes, Madam Speaker. I'd like to focus on House Bill 1167. We have the Senate Bill coming over.

THE SPEAKER: You've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Riddel to explain House Bill 1173.

REPRESENTATIVE DEBBIE RIDDEL: Thank you, Madam Speaker. House Bill 1173 gives Harris County thirty-six hours to process a misdemeanor rate fee.

THE SPEAKER: Is there objection in consideration of House Bill 1173? Chair hears none and lays out House Bill 1173. The Clerk will read the bill.

CLERK: HB 1173 by Riddel relating to the release on bond of certain persons arrested for a misdemeanor without a warrant in certain counties.

THE SPEAKER: Chair recognizes Representative Riddel. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ma dam Speaker, would the lady yield?

THE SPEAKER: For what purpose, Mr. Dutton? REPRESENTATIVE HAROLD V. DUTTON, JR.,: Fo r asking of questions.

THE SPEAKER: Will you yield for a question, Ms. Riddel?

REPRESENTATIVE DEBBIE RIDDEL: I'd be delighted. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th ank you. I'm trying to understand, first of all, what's the problem that this bill is fixing?

REPRESENTATIVE DEBBIE RIDDEL: Right now in Harris County, Representative Dutton, we are having a great deal of difficulty getting the folks magistrated within the twenty-four hour period of time. This is a serious problem, because we are having to let people back out on the street that -- on a personal recognizance bond, that could in fact pose a serious problems for the safety of the public. Additionally, we need the additional time for the people -- for the magistrate to be able to determine the probable cause. And it is far better for them to have a little additional time to just determine if the probable cause is sufficient. If it is not, then just let them go rather than letting them go on a PR bond. REPRESENTATIVE HAROLD V. DUTTON, JR.,: So essentially what we are doing is fixing this problem on the backs of the defendants, as opposed to requiring the county, for example, to hire another magistrate or require the magistrates to put in a full days work?

REPRESENTATIVE DEBBIE RIDDEL: Well, actually, we have five magistrates in Harris County. And those five magistrates are working twenty-four seven. We are processing about six hundred a day. And so with the -- As you know, we are having a financial crunch here in the state, the nation, as well as our county. And we are doing this so that -- REPRESENTATIVE HAROLD V. DUTTON, JR.,: Now , when they -- for twenty-four hours, don't they simply have to request a waiver?

REPRESENTATIVE DEBBIE RIDDEL: What we're doing here is we are just giving more time. It's taking an average of twenty-six hours to have people magistrated. If there's a serious situation, for example where there has been severe domestic abuse and that individual is let go on a PR bond, before there can be a restraint there then that puts women at risk. So this is just adding a couple more, just adding just a little bit more time so that the process works properly. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Now , this bill only applies to misdemeanors, not felonies?

REPRESENTATIVE DEBBIE RIDDEL: Yes, it is bracketed to Harris County. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ye ah, but it only applies to misdemeanors, right?

REPRESENTATIVE DEBBIE RIDDEL: I'm sorry? REPRESENTATIVE HAROLD V. DUTTON, JR.,: It only applies to misdemeanors?

REPRESENTATIVE DEBBIE RIDDEL: Yes. REPRESENTATIVE HAROLD V. DUTTON, JR.,: So it will not affect the felony presentation to the magistrate?

REPRESENTATIVE DEBBIE RIDDEL: That would be correct. REPRESENTATIVE HAROLD V. DUTTON, JR.,: An d --

THE SPEAKER: Mr. Dutton, is it your intent to speak for ten minutes on this bill? REPRESENTATIVE HAROLD V. DUTTON, JR.,: No , maybe nine.

THE SPEAKER: Okay. Continue. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ok ay. And I'm just I'm trying to figure out whether I would be for or against it. And I like you, so I started out being for it. But then I thought I don't know about this bill.

REPRESENTATIVE DEBBIE RIDDEL: You don't know if you like me just for that? REPRESENTATIVE HAROLD V. DUTTON, JR.,: I' m going to like you whether this bill passes or not. But what I'm trying to figure out is, I mean, if the county can't get it done within the twenty-four hours, here we are, we're changing it to thirty-six hours. Then they will come back to us and say we can't fix it. Then we'll change it to forty-eight hours. Then we will be back to where we were before where, in many cases, people were arrested and they sometimes just languished in jail until somebody found out they were there.

REPRESENTATIVE DEBBIE RIDDEL: Well, actually, I understand your concern and I understand that you feel like it may continue. But for it to be that we would have to come back to the legislature, we would have to re-examine the problem and we would have to go through the process. It would not happen automatically. Just that it is not happening automatically here. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Wo uld you be -- And I suppose we can't do an amendment. But I'm just thinking about something that says at least we would encourage the county to make their best efforts or make a good faith effort to get it done within the twenty-four hours.

REPRESENTATIVE DEBBIE RIDDEL: They are already doing that, Representative. They are already doing that. I have been in close communication with them regarding this issue and they are stretched to the limit. They are giving it a hundred and ten percent. REPRESENTATIVE HAROLD V. DUTTON, JR.,: I' m going to take you at your word, Ms. Riddel. Thank you.

REPRESENTATIVE DEBBIE RIDDEL: Thank you very much, Representative. Move passage.

THE SPEAKER: Members, the motion occurs on the passage of House Bill 1173 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Callegari to explain House Bill 1245.

REPRESENTATIVE BILL CALLEGARI: Members, House Bill 1245 repeals the chapter of government code authorizing the creation of a super collider facility --

(inaudible).

THE SPEAKER: Is there any objection in consideration of House Bill 1245? Chair hearing none and lays out House Bill 1245. The Clerk will read the Bill.

CLERK: HB 1245 by Callegari. Relating to the repeal of the authorization to establish a super collider facility research authority.

THE SPEAKER: Chair calls on Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: I move passage.

THE SPEAKER: Motion is -- becomes on passage of House Bill 1245 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Callegari to explain House Bill 1247.

REPRESENTATIVE BILL CALLEGARI: Speaker, members, House Bill 1247 repeals the requirement that a state agency is required to purchase paper cabinets of a certain size.

THE SPEAKER: Is there any objection to consideration of House Bill 1247? Chair hears none and lays out House Bill 1247. The clerk will read the bill.

CLERK: HB 1247 by Callegari relating to the repeal of certain prohibitions on purchases of paper supplies and cabinets by state agencies.

THE SPEAKER: The Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1247. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Price to -- on his very first bill, to lay out and consider 1293. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Madam Speaker and members, this House Bill 1293 is a bill intended to update and modernize the --

THE SPEAKER: Mr. Zerwas, for what purpose?

REPRESENTATIVE JOHN ZERWAS: Madam Speaker, would the gentleman yield for a few questions?

THE SPEAKER: Do you yield, Mr. Price, for a few questions? REPRESENTATIVE WALTER "FOUR" PRICE: Absol utely.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Price. And we will be a little serious here, but I do want to ask you and make sure that you are aware of, is that you do have a bill on concussion, right? REPRESENTATIVE WALTER "FOUR" PRICE: Yes, I do.

REPRESENTATIVE JOHN ZERWAS: And what do you understand the concussive injury to be? REPRESENTATIVE WALTER "FOUR" PRICE: A brain injury.

REPRESENTATIVE JOHN ZERWAS: A brain injury related to perhaps blunt trauma to the head, or something of that nature? REPRESENTATIVE WALTER "FOUR" PRICE: That can cause a concussion. Yes.

REPRESENTATIVE JOHN ZERWAS: We all conduct ourselves in a civilized fashion here, but I am certain that before we are all done here you are going to feel like you've got some blunt trauma to the head. I certainly hope that it doesn't cause a concussive injury and so forth. But here are a few questions that I want to ask you, Representative Price. You are asking for the ability to, I think, to employ physicians in Moore County Hospital District; is that correct? REPRESENTATIVE WALTER "FOUR" PRICE: That is not correct.

REPRESENTATIVE JOHN ZERWAS: That is not correct? I'm sorry. Could you tell me a little bit about that? I interrupted you and I apologize. REPRESENTATIVE WALTER "FOUR" PRICE: No problem. This bill is intended to modernize the language that was adopted in the enabling statute back in the 61st Legislature. And there was a hard dollar figure for the -- tied to the Capitol expenditures in that year, which was at that time $15,000. The local government code now expands that to $50,000. So we updated the language, not only in the statute but removed that hard dollar cap and tie to the local government code amount.

REPRESENTATIVE JOHN ZERWAS: Now what do you think you can buy in a hospital for $50,000? REPRESENTATIVE WALTER "FOUR" PRICE: Not much. Probably very little.

REPRESENTATIVE JOHN ZERWAS: How big is this hospital? REPRESENTATIVE WALTER "FOUR" PRICE: This hospital is relatively small, but does a great job with what they have; about three hundred beds, I believe. No, I'm sorry, sixty beds.

REPRESENTATIVE JOHN ZERWAS: Oh, that's a quite a big difference, isn't it? Yes, I see. I see. Well, is Representative Kuempel trying to help you there, or is he just trying to show some affection there or something? I'm a little uncomfortable with the -- Representative Kuempel, you are just making me feel uncomfortable about bringing in the questions, so I'm going to let the next individual ask you a few questions. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Dr. Zerwas.

THE SPEAKER: Representative Chisum, for what purpose?

REPRESENTATIVE WARREN CHISUM: Madam Speaker, does the gentleman yield?

THE SPEAKER: Do you yield, Mr. Price? REPRESENTATIVE WALTER "FOUR" PRICE: I do yield to my neighbor, Mr. Chisum.

REPRESENTATIVE WARREN CHISUM: Mr. Price, there's a lot of conversation in the back of the hall about if you are Four Price there is going to be a fight in the Senate. And we need to know what price it is. REPRESENTATIVE WALTER "FOUR" PRICE: I had to cut the name off, but there are some that if you can continue the trend.

THE SPEAKER: Representative Hamilton, for what purpose?

REPRESENTATIVE MIKE HAMILTON: Would the gentleman yield?

THE SPEAKER: Do you yield? REPRESENTATIVE WALTER "FOUR" PRICE: I yield.

REPRESENTATIVE MIKE HAMILTON: I just want to say congratulations and thank you for being one of my freshman. And I'm in charge over here. And not coming up and say bring it on or any of these things. Just face it and do the right thing. Good job. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Representative Hamilton. I appreciate it.

THE SPEAKER: Is there objection to consideration of House Bill 1293? The Chair hears none.

UNIDENTIFIED MALE SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose, Mr. --

UNIDENTIFIED MALE SPEAKER: Just for some questions.

THE SPEAKER: Do you yield, Mr. Price? REPRESENTATIVE WALTER "FOUR" PRICE: Yes, I yield.

UNIDENTIFIED MALE SPEAKER: I have a few other questions. How does it feel to be in the game now? REPRESENTATIVE WALTER "FOUR" PRICE: Feels good.

UNIDENTIFIED MALE SPEAKER: So you are no longer a Red Shirt? REPRESENTATIVE WALTER "FOUR" PRICE: Took the red shirt off.

UNIDENTIFIED MALE SPEAKER: Come over and play. REPRESENTATIVE WALTER "FOUR" PRICE: All right.

THE SPEAKER: If there's no objection to consideration of House Bill 1293? The Chair hears none. Chair lays out House Bill 1293. The clerk will read the bill.

CLERK: HB 1293 by Price. Relating to the Moore County Hospital District.

THE SPEAKER: The Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1293. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Bonnen to explain House Bill 1305.

REPRESENTATIVE DENNIS BONNEN: This allows the local port in my district to have an overweight truck road.

THE SPEAKER: Is there objection to consideration of House Bill 1305? Chair hears none and lays out House Bill 1305. The Clerk will read the bill.

CLERK: HB 1305 by Bonnen. Relating to the issuance of oversize or overweight vehicle permits by certain port authorities.

THE SPEAKER: Chair recognizes Representative Bonnen.

REPRESENTATIVE DENNIS BONNEN: Move passage.

THE SPEAKER: The question occurs on the third reading of passage to third reading of House Bill 1305. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Allen to explain House Bill 1334.

REPRESENTATIVE ALMA ALLEN: Madam Speaker and members, this bill relates to the effect of the delay by the State Board of Education certification and renewing an education certification. I move passage.

THE SPEAKER: Is there any objection to consideration of House Bill 1334? The Chair hears none. The Chair lays out House Bill 1334. The clerk will read the bill.

CLERK: HB 1334 by Allen. Relating to the effect of a delay by the State Board for Educator Certification in renewing an educator's certification.

THE SPEAKER: The Chair recognizes Representative Allen.

REPRESENTATIVE ALMA ALLEN: The question occurs on the passage to third reading of House Bill 1334. Is there any objection? Chair hears none. So ordered.

THE SPEAKER: Chair recognizes Representative Walle to explain House Bill 1341.

REPRESENTATIVE ARMANDO WALLE: Thank you Madam Speaker. HB 1341 gives universities the ability to own -- set their own due dates for tuition and fees, giving them greater flexibility.

THE SPEAKER: Is there any objection to consideration of House Bill 1341? Chair hears none. So ordered. Chair lays out House Bill 1341 and calls on the clerk to read the bill.

CLERK: HB 1341 by Walle. Relating to the manner of payment of tuition and mandatory fees at public institutions of higher education.

THE SPEAKER: The Chair recognizes Representative Walle.

REPRESENTATIVE ARMANDO WALLE: Thank you, Madam Speaker. I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1341. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Carter on her very, very first bill.

REPRESENTATIVE STEFANI CARTER: Thank you, Madam Speaker. Members, this bill allows for the prosecution of mortgage fraud in the county where the property is located, or in the county where the transaction or the generation of mortgage documents occurred. Move passage.

THE SPEAKER: Is there objection to consideration of House Bill --

UNIDENTIFIED MALE SPEAKER: Yes, ma'am. Madam Speaker?

THE SPEAKER: Representative Howard, for what purpose?

REPRESENTATIVE CHARLIE HOWARD: Would the lady yield?

THE SPEAKER: Do you yield, Representative Carter?

REPRESENTATIVE CHARLIE HOWARD: Now how do you have mortgage fraud just on certain venues and not on others?

REPRESENTATIVE STEFANI CARTER: Well, Representative Howard, under Texas law right now we're trying mortgage fraud cases only where the documents are generated. And so, if you fill out your paper work in, for example, Dallas county where we have one prosecutor with more than a hundred and thirty mortgage fraud cases, but the property is located in other parts of the state, like Travis or Bexar County, we are not able to prosecute in those counties. And we could, therefore, prosecute in other counties. And so, technically, what this bill does is it says let's open up the venue for prosecution.

REPRESENTATIVE CHARLIE HOWARD: So we don't have to inspect these properties to make sure that the -- were filed (inaudible) is inspected in these properties, right?

REPRESENTATIVE STEFANI CARTER: Oh, yes. Yes.

REPRESENTATIVE CHARLIE HOWARD: And taking care of all the paperwork and inspecting them all?

REPRESENTATIVE STEFANI CARTER: Absolutely . There's an incitement process and a body of people who will go through that avenue determining whether there is enough evidence. This simply says where it should be prosecuted.

REPRESENTATIVE CHARLIE HOWARD: Well, I'm glad you're thorough and I'm glad you stayed awake all night last night and (inaudible) your resources today.

THE SPEAKER: Representative Legler, for what purpose?

REPRESENTATIVE KEN LEGLER: Would the lady yield?

THE SPEAKER: Would you yield, Representative Carter?

REPRESENTATIVE STEFANI CARTER: Yes, I will.

REPRESENTATIVE KEN LEGLER: Thank you.

REPRESENTATIVE STEFANI CARTER: Thank you, Representative Legler.

THE SPEAKER: Representative Laubenberg, for what purpose?

REPRESENTATIVE JODIE LAUBENBERG: Would the lady yield, please?

THE SPEAKER: Would the lady yield?

REPRESENTATIVE STEFANI CARTER: Yes, I will, Representative Laubenberg, for questions.

REPRESENTATIVE JODIE LAUBENBERG: Well, what if I wanted to make a comment?

REPRESENTATIVE STEFANI CARTER: Oh, well, comments as well; Representative Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: Well, I can ask you questions. They didn't tell you that? And you are going to pass my question when trying to pass your first bill?

REPRESENTATIVE STEFANI CARTER: Yes, Representative Laubenberg. With you as a joint author.

REPRESENTATIVE JODIE LAUBENBERG: Did I really sign on that bill?

REPRESENTATIVE STEFANI CARTER: Yes, with Representative Solomons and other -- Representative Gallego.

REPRESENTATIVE JODIE LAUBENBERG: I have to go back and look at it. Congratulations.

REPRESENTATIVE STEFANI CARTER: Thank you, Representative Laubenberg.

THE SPEAKER: Is there any objection to the bill, House Bill 1342? For what purpose, Mrs. Giddings?

REPRESENTATIVE HELEN GIDDINGS: Madam Speaker, will the representative yield?

THE SPEAKER: Representative Carter, do you yield to your superior, Representative Giddings?

REPRESENTATIVE STEFANI CARTER: Yes, I do.

REPRESENTATIVE HELEN GIDDINGS: Representa tive Carter, did I hear you indicate that you were awake a lot last night thinking about presenting your first bill?

REPRESENTATIVE STEFANI CARTER: Yes.

REPRESENTATIVE HELEN GIDDINGS: That got my attention because, just a comment, when I presented my first bill and I had stayed up all night and a senior member came up behind me and said to me move passage and sit down. Your first bill is going a lot better than mine.

THE SPEAKER: Is there any further objection to House Bill 1343? Chair hears none. So ordered. The Chair lays out House Bill 1343. The clerk will read the bill.

CLERK: HB 1343 Carter. Relating to proper venue for certain criminal prosecutions of mortgage fraud.

THE SPEAKER: Chair recognizes Representative Carter.

REPRESENTATIVE STEFANI CARTER: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1343. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Burkett.

REPRESENTATIVE CINDY BURKETT: Thank you Madam Speaker and members, HB 1344 removes the blanket defense of prosecution for a parent who exhibits harmful materials to a minor child, and institutes the affirmative defense that the exhibitions serve as a scientific, educational or governmental purpose. I move passage.

THE SPEAKER: Representative Burkett, is this your first bill?

REPRESENTATIVE CINDY BURKETT: Yes, it is.

THE SPEAKER: Representative Laubenberg, for what purpose?

REPRESENTATIVE JODIE LAUBENBERG: Would the lady yield?

THE SPEAKER: Would you yield, Representative Burkett?

REPRESENTATIVE CINDY BURKETT: I yield.

REPRESENTATIVE JODIE LAUBENBERG: Did I hear you say that -- Representative Burkett, that this is your first bill?

REPRESENTATIVE CINDY BURKETT: Yes, ma'am it is. I have a helper over here.

REPRESENTATIVE JODIE LAUBENBERG: It's your first bill?

REPRESENTATIVE CINDY BURKETT: Yes, ma'am it is.

REPRESENTATIVE JODIE LAUBENBERG: Okay. So you and Representative Carter planned this together?

REPRESENTATIVE CINDY BURKETT: No, ma'am, we didn't. But we are just as a side-by-side, so it's appropriate.

REPRESENTATIVE JODIE LAUBENBERG: So does your bill have her bill?

REPRESENTATIVE CINDY BURKETT: No, ma'am, it does not.

REPRESENTATIVE JODIE LAUBENBERG: Okay. Well, congratulations.

REPRESENTATIVE CINDY BURKETT: Thank you, Judge.

UNIDENTIFIED MALE SPEAKER: Would the lady yield?

THE SPEAKER: Representative Sheffield, for what purpose?

REPRESENTATIVE RALPH SHEFFIELD: May I ask the lady a question?

THE SPEAKER: Do you yield, Representative Burkett, for questions?

REPRESENTATIVE CINDY BURKETT: I do yield.

REPRESENTATIVE RALPH SHEFFIELD: Represent ative Burkett, this says related to certain defensive prosecution for the offense of sale, distribution or display of harmful materials to minors.

REPRESENTATIVE CINDY BURKETT: Yes, sir.

REPRESENTATIVE RALPH SHEFFIELD: Do you sell sandwiches at Subway to minors?

REPRESENTATIVE CINDY BURKETT: I certainly do. My sandwiches are not harmful material.

REPRESENTATIVE RALPH SHEFFIELD: What makes them not so harmful?

REPRESENTATIVE CINDY BURKETT: They are healthy.

REPRESENTATIVE RALPH SHEFFIELD: Are they all turkey based, or what?

REPRESENTATIVE CINDY BURKETT: No, sir, they are not. They are all fresh.

REPRESENTATIVE RALPH SHEFFIELD: Tell me about the harmful material that you are concerned about, then?

REPRESENTATIVE CINDY BURKETT: Under current law, the parents have a blanket defense of prosecution (inaudible) about pornography to their own minor children; even if one parent shows pornography over the objection of other parent. And this will change that, where the parents are open to the same prosecution as an individual selling pornography to children who are not theirs.

REPRESENTATIVE RALPH SHEFFIELD: You have a very good bill.

REPRESENTATIVE CINDY BURKETT: Thank you, sir.

THE SPEAKER: Is there any objection to consideration of House Bill -- Representative Weber, I almost --

REPRESENTATIVE RANDY WEBER: Would the lady yield?

THE SPEAKER: For what purpose?

REPRESENTATIVE RANDY WEBER: Would the lady yield?

THE SPEAKER: Do you yield, Representative Burkett?

REPRESENTATIVE CINDY BURKETT: Yes, I do.

REPRESENTATIVE RANDY WEBER: Representativ e Burkett, this bill is about offensive material, would you call it pornography?

REPRESENTATIVE CINDY BURKETT: Would I call pornography offense? Yes, I would.

REPRESENTATIVE RANDY WEBER: Okay. So is there a really bad problem with pornography in your district?

REPRESENTATIVE CINDY BURKETT: My district is a very wholesome district, but we do have a problem here within the state. I had a constituent who --

REPRESENTATIVE RANDY WEBER: Have you seen a lot of this pornography?

REPRESENTATIVE CINDY BURKETT: No, sir. In my family we watch wholesome entertainment.

REPRESENTATIVE RANDY WEBER: Okay. So you really don't know if it exists, then?

REPRESENTATIVE CINDY BURKETT: I'm sure it does, but I don't need to know --

REPRESENTATIVE RANDY WEBER: So you've just heard about it but you've never seen it?

REPRESENTATIVE CINDY BURKETT: That is correct, Mr. Weber.

REPRESENTATIVE RANDY WEBER: Okay. I understand. You have a great bill and I seriously doubt that you would have been involved in any way. So I thank you for bringing this forward.

REPRESENTATIVE CINDY BURKETT: Well, I appreciate your endorsement.

REPRESENTATIVE RANDY WEBER: Okay.

THE SPEAKER: The Chair hears no more objection to consideration of House Bill 1344. The Clerk will read the bill.

CLERK: HB 1344 by Burkett. Relating to certain defenses to prosecution for the offense of sale, distribution or display of harmful material to a minor.

THE SPEAKER: The Chair recognizes Representative Burkett.

REPRESENTATIVE CINDY BURKETT: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1344. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Thompson to explain House Bill 1376.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, the last session of the legislature we passed a definition of junk cars and it was written negatively in the language. All we are doing is clarifying what a junk car is and we are writing it so that the public and those who will be using this particular statute will be able to understand what the definition is. I move passage.

THE SPEAKER: Is there any objection to consideration of House Bill 1376? Chair hears none and lays out House Bill 1376. The clerk will read the bill.

CLERK: HB 1376 by Bohac. Relating to the definition of a junked vehicle for purposes of abatement of a public nuisance

THE SPEAKER: The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1376. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Chisum to explain House Bill 1417.

REPRESENTATIVE WARREN CHISUM: Ms. Speaker and members, this is a hospital district bill out of Swisher County.

THE SPEAKER: Members, Is there any objection in consideration of House Bill 1417? Chair hears none and lays out House Bill 1417. The clerk will read the bill.

CLERK: HB 1417 by Chisum. Relating to the Swisher Memorial Hospital District.

THE SPEAKER: Chair recognizes Representative Chisum.

REPRESENTATIVE WARREN CHISUM: Move passage.

THE SPEAKER: The question occurs on the third reading of House Bill 1417. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Lewis to explain House Bill 1438.

REPRESENTATIVE TRYON LEWIS: Madam Speaker, the Senate Bill is over and eligible.

THE SPEAKER: Members, the Senate Companions Bill 1438 is over and eligible. Accordingly, the Chair lays out Senate Bill 582. The clerk will read the bill.

CLERK: SB 582 by Harris. Relating to service of process on certain domestic and foreign entities for the collection of delinquent property taxes.

THE SPEAKER: Is there objection in consideration of Senate Bill 582? Chair hears none and -- Back up and let's do that again. The Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: Thank you, Madam Speaker. This bill does deal with the service and process of late or delinquent taxes on certain entities, limited liability companies and other entities, both in this state and non-residents. And I move passage.

THE SPEAKER: The question occurs on the passage to third reading of Senate Bill 582. Is there objection? Chair hears none. So ordered. Representative Lewis moves to lay House Bill 1348 on the table, subject to college. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Scott to explain House Bill 1473.

REPRESENTATIVE CONNIE SCOTT: HB 1473 changes the title of Section 681.0111 to include the concept of altered placards in addition to counterfeit placards, as well as redefining what constitutes an offense by adding Sub-section (inaudible) of the Transportation Code to specify the altering of a genuine disabled parking placard as an offense.

THE SPEAKER: Does this mean we have another first bill? Somebody didn't put it on the card. Representative Farias, for what purpose?

REPRESENTATIVE JOE FARIAS: Madam Speaker, would the gentle-lady yield?

THE SPEAKER: Do you yield, Representative Scott?

REPRESENTATIVE CONNIE SCOTT: Yes, I do.

REPRESENTATIVE JOE FARIAS: I stepped up to the mike because I think the folks fell asleep here and they forgot to come up here and harass you a little bit, so --

REPRESENTATIVE CONNIE SCOTT: I was trying to think of a (inaudible) that.

REPRESENTATIVE JOE FARIAS: Well --

REPRESENTATIVE CONNIE SCOTT: I kind of thought I might slide through.

REPRESENTATIVE JOE FARIAS: I don't want you to get away with somebody -- without somebody getting up and giving you a hard time. So, I'm going to let the gentleman behind me give you a hard time.

REPRESENTATIVE CONNIE SCOTT: Thank you, sir.

UNIDENTIFIED MALE SPEAKER: Madam Speaker.

THE SPEAKER: For what purpose, Representative Hardcastle?

REPRESENTATIVE RICK HARDCASTLE: Would the lady yield?

THE SPEAKER: Do you yield?

REPRESENTATIVE CONNIE SCOTT: Yes, I do. Absolutely, for --

THE SPEAKER: The lady yields.

REPRESENTATIVE RICK HARDCASTLE: Are you trying to make me illegal because I have a handicap parking tag?

REPRESENTATIVE CONNIE SCOTT: Not as long as you got it legally.

REPRESENTATIVE RICK HARDCASTLE: Oh, I got it legally.

REPRESENTATIVE CONNIE SCOTT: I'm very happy that you are able to use that.

THE SPEAKER: Representative Gonzalez, for what purpose?

REPRESENTATIVE GONZALEZ: Would the lady yield for questions?

THE SPEAKER: Would the lady yield?

REPRESENTATIVE CONNIE SCOTT: Yes, I will.

THE SPEAKER: The lady yields.

REPRESENTATIVE GONZALEZ: Representative Scott, I saw that your bill deals with disabled parking placards. You wouldn't put one of those on that nice, beautiful Bentley that you drive, would you?

REPRESENTATIVE CONNIE SCOTT: No, ma'am, I would not.

REPRESENTATIVE GONZALEZ: Good. I didn't think you would. Actually, this bill was brought to you by one of your constituents, isn't that right?

REPRESENTATIVE CONNIE SCOTT: Yes, it was.

REPRESENTATIVE GONZALEZ: Is it

(inaudible)?

REPRESENTATIVE CONNIE SCOTT: Yes, he is.

REPRESENTATIVE GONZALEZ: Yeah, I know he and his wife very well. Thank you for bringing the bill.

REPRESENTATIVE CONNIE SCOTT: Thank you.

UNIDENTIFIED MALE SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose, Representative Weber?

REPRESENTATIVE RANDY WEBER: Would the gentle-lady yield?

THE SPEAKER: Do you yield?

REPRESENTATIVE CONNIE SCOTT: Yes, I do.

REPRESENTATIVE RANDY WEBER: Representativ e Scott, I think you've got a great bill, but I need to ask you a couple questions. You have obviously done the research of parking spaces and what's required to have these kinds of permits; is that correct?

REPRESENTATIVE CONNIE SCOTT: Well, you have to go through the process and apply for them and then once you receive it -- Our problem was --

REPRESENTATIVE RANDY WEBER: Madam Speaker, can we have some order in the chamber, please?

THE SPEAKER: You have it now.

REPRESENTATIVE RANDY WEBER: Thank you. Did you hear my question?

REPRESENTATIVE CONNIE SCOTT: On how -- Repeat the question. I'm sorry.

REPRESENTATIVE RANDY WEBER: You've done the research so you know what's required for these parking spaces to have these kinds of placards; is that correct?

REPRESENTATIVE CONNIE SCOTT: Yes, that's correct.

REPRESENTATIVE RANDY WEBER: Okay. Good. Are you aware of how husbands and parking spaces are alike?

REPRESENTATIVE CONNIE SCOTT: Would you clarify please?

REPRESENTATIVE RANDY WEBER: Well, they are either taken or they are disabled. I just wanted to make sure you knew that. You have a great bill. Thank you.

THE SPEAKER: Is there objection to consideration of House Bill 1473? The Chair hears none. So House Bill 1473 is read by the clerk.

CLERK: HB 1473 by Scott, relating to creating the offense of altering a disabled parking placard.

THE SPEAKER: The Chair recognizes Representative Scott.

REPRESENTATIVE CONNIE SCOTT: I move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1473. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Beck.

REPRESENTATIVE MARVA BECK: Madam Speaker, I ask to move --

THE SPEAKER: -- on her first bill.

REPRESENTATIVE MARVA BECK: No, no, no, no, no, no. I move to postpone to the next consent calendar.

THE SPEAKER: You've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Naishtat to explain House Bill 1493.

REPRESENTATIVE ELLIOTT NAISHTAT: Members, the Senate Bill is over and eligible for consideration. This bill continues the existence of promoting independent advisory committee.

THE SPEAKER: Members, is there -- Senate Companion House Bill 1493 is over and eligible. Accordingly, the Chair lays out Senate Bill 37. The Clerk will read the bill.

CLERK: SB 37 by Zaffirini. Relating to the duration of interagency task force on ensuring appropriate care settings for persons with disabilities.

THE SPEAKER: The Chair recognizes Representative Naishtat.

REPRESENTATIVE ELLIOTT NAISHTAT: Move passage.

THE SPEAKER: The question occurs on passage to third reading of Senate Bill 37. Is there any objection? Chair hears none. So ordered. Representative Naishtat moves to lay House Bill 1493 on the table, subject to calling. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Munoz, Jr. -- REPRESENTATIVE SERGIO MUNOZ, JR.,: Madam Speaker --

THE SPEAKER: -- on his first bill. REPRESENTATIVE SERGIO MUNOZ, JR.,: House Bill 495 is just to try to find the information in resource management act as it relates to public junior colleges and public junior college districts.

THE SPEAKER: Representative Gonzalez, for what purpose?

REPRESENTATIVE GONZALEZ: For some questions, Madam Speaker.

THE SPEAKER: Do you yield for a question? REPRESENTATIVE SERGIO MUNOZ, JR.,: Yes, I will yield for questions.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE GONZALEZ: Representative Munoz, I noticed that your bill dealt with public junior colleges and public junior college districts; is that right? REPRESENTATIVE SERGIO MUNOZ, JR.,: Yes, ma'am.

REPRESENTATIVE GONZALEZ: Did you bring the bill because you are in junior college? REPRESENTATIVE SERGIO MUNOZ, JR.,: Well, I was trying to get some more information but the two files that is were on my desk somehow or another disappeared.

REPRESENTATIVE GONZALEZ: We are just jealous because we're beyond those years. Congratulations on your first bill. REPRESENTATIVE SERGIO MUNOZ, JR.,: Thank you.

UNIDENTIFIED MALE SPEAKER: Madam Speaker.

THE SPEAKER: Representative Lucio, for what purpose? REPRESENTATIVE EDDIE LUCIO, III: Would the gentleman yield for a question?

THE SPEAKER: Representative Munoz, do you yield? REPRESENTATIVE EDDIE LUCIO, III: Can you turn, in your bill book, to the text of the bill and line eight, read that to me, please? REPRESENTATIVE SERGIO MUNOZ, JR.,: Well if you could give me a second and I could try to track down how my bill packet left my desk -- REPRESENTATIVE EDDIE LUCIO, III: Do you say that you had your bill book at your desk and it mysteriously disappeared? REPRESENTATIVE SERGIO MUNOZ, JR.,: Yes, and I am going to try to request a copy from the information resources, to see if I can see who the culprit was. REPRESENTATIVE EDDIE LUCIO, III: So, essentially, the integrity of this body is being put in jeopardy because you don't have your bill and the information you need to lay out this bill? REPRESENTATIVE SERGIO MUNOZ, JR.,: No. But if I can look at the copy of the bill I can read line eight. If -- REPRESENTATIVE EDDIE LUCIO, III: Don't you have it memorized? You know all the senior members memorize every single -- the text of every single one of our bills? Do you believe that? REPRESENTATIVE SERGIO MUNOZ, JR.,: I'm working on it. REPRESENTATIVE EDDIE LUCIO, III: So you believe we memorize all our bills? REPRESENTATIVE SERGIO MUNOZ, JR.,: If you say so. You are a senior member, so I have to believe what you say. REPRESENTATIVE EDDIE LUCIO, III: Thanks for the vote of confidence.

UNIDENTIFIED MALE SPEAKER: Madam Speaker, would the gentleman yield?

THE SPEAKER: Representative Phillips, for what purpose?

REPRESENTATIVE LARRY PHILLIPS: I was just going to ask, do you know the difference between our last names? REPRESENTATIVE SERGIO MUNOZ, JR.,: Philli ps and Taylor?

REPRESENTATIVE LARRY PHILLIPS: Okay. Do you know which is which? REPRESENTATIVE SERGIO MUNOZ, JR.,: Yes.

REPRESENTATIVE LARRY PHILLIPS: Good, your predecessor said we all look alike. So --

UNIDENTIFIED MALE SPEAKER: Madam Speaker.

THE SPEAKER: Representative Martinez, for what purpose?

REPRESENTATIVE MARTINEZ: Would the gentleman yield?

THE SPEAKER: Do you yield for questions? REPRESENTATIVE SERGIO MUNOZ, JR.,: Yes, I would yield for questions.

REPRESENTATIVE MARTINEZ: Representative Munoz, when did you file this bill? Representative Munoz, you speak into the mike, don't turn it around. REPRESENTATIVE SERGIO MUNOZ, JR.,: When did I file it?

REPRESENTATIVE MARTINEZ: Yes. REPRESENTATIVE SERGIO MUNOZ, JR.,: It's February 17th, 2011.

REPRESENTATIVE MARTINEZ: How do you spell your name? REPRESENTATIVE SERGIO MUNOZ, JR.,: My first name or my last name?

REPRESENTATIVE MARTINEZ: Both. REPRESENTATIVE SERGIO MUNOZ, JR.,: My first name starts with an S -- E-R-G-I-O and a space and then a capital M -- U-N-O-Z.

REPRESENTATIVE MARTINEZ: M-O-U-S-E? REPRESENTATIVE SERGIO MUNOZ, JR.,: M-U-N-O -Z.

THE SPEAKER: Is there any further objection to consideration? Oh, yes, there is. Representative Callegari, for what purpose?

REPRESENTATIVE BILL CALLEGARI: Would the gentleman yield? REPRESENTATIVE SERGIO MUNOZ, JR.,: Yes, I would yield for some questions.

REPRESENTATIVE BILL CALLEGARI: Sergio, is this a government efficiency bill? REPRESENTATIVE SERGIO MUNOZ, JR.,: No, it was not.

REPRESENTATIVE BILL CALLEGARI: Why not? REPRESENTATIVE SERGIO MUNOZ, JR.,: I didn't have (inaudible) to refer to it that way but --

REPRESENTATIVE BILL CALLEGARI: Well, how can you -- the distribution bill that doesn't promote your own committee. REPRESENTATIVE SERGIO MUNOZ, JR.,: I'm trying, I'm trying to get them in there and hopefully we can get them out before the --

REPRESENTATIVE BILL CALLEGARI: All right. Good luck. REPRESENTATIVE SERGIO MUNOZ, JR.,: Thank you.

REPRESENTATIVE BILL CALLEGARI: Thank you.

THE SPEAKER: Is there further objection?

UNIDENTIFIED MALE SPEAKER: Madam Chair.

THE SPEAKER: For what purpose?

REPRESENTATIVE RICHARD RAYMOND: Would the Representative Lozano yield for a question?

THE SPEAKER: I don't think Representative --

REPRESENTATIVE RICHARD RAYMOND: Wrong one. Never mind.

THE SPEAKER: Is there objection, further, to the consideration of House Bill 495? Chair hears none and lays out House Bill 495. The clerk will read the bill.

CLERK: HB 495 by Munoz. Relating to the application of the Information Resources Management Act to public junior colleges and public junior college districts.

THE SPEAKER: The Chair recognizes Representative Munoz. REPRESENTATIVE SERGIO MUNOZ, JR.,: Madam Speaker and members, I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1495. Is there any objection? There's no objection. It is so ordered. Chair calls on Representative Gallego to explain House Bill 1496.

REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker.

UNIDENTIFIED MALE SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose, Representative?

UNIDENTIFIED MALE SPEAKER: Would the Representative yield?

THE SPEAKER: Do you yield, Mr. Gallego?

REPRESENTATIVE PETE GALLEGO: I'm happy to yield.

REPRESENTATIVE RICHARD RAYMOND: Is this your first bill?

REPRESENTATIVE PETE GALLEGO: I wish it was.

THE SPEAKER: Is there any objection of consideration of House Bill 1496? The Chair hears none and lays out House Bill 1496. The clerk will read the bill.

CLERK: HB 1496 by Gallego. Relating to the contracting authority of the Val Verde County Hospital District.

THE SPEAKER: The Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1496. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Larson to explain House Bill 1499 on his first bill.

REPRESENTATIVE LYLE LARSON: Madam Speaker and members, I just got this legislation --

UNIDENTIFIED MALE SPEAKER: Mr. Speaker.

REPRESENTATIVE LYLE LARSON: -- that I'm rolling out. If they --

THE SPEAKER: Mr. Martinez?

REPRESENTATIVE MARTINEZ: I have an inquiry.

THE SPEAKER: State your inquiry.

REPRESENTATIVE MARTINEZ: How long does it take to kill a bill in a local and consent calendar?

REPRESENTATIVE LYLE LARSON: Ten minutes.

REPRESENTATIVE MARTINEZ: How long does it take to kill a bill for a freshman?

REPRESENTATIVE LYLE LARSON: Immediate?

THE SPEAKER: Two and a half minutes.

REPRESENTATIVE MARTINEZ: Okay. Representative Taylor and I have some questions on Representative Larson's bill. So would the member yield?

THE SPEAKER: Does the gentleman yield?

REPRESENTATIVE LYLE LARSON: I sure do.

REPRESENTATIVE MARTINEZ: Okay. We just have a couple of questions. Question number one, I hear you are making landmark legislation, is that true?

REPRESENTATIVE LYLE LARSON: Yes, sir. It's designating the corridor so we are marking the land.

REPRESENTATIVE MARTINEZ: Is this your election bill?

REPRESENTATIVE LYLE LARSON: You know, I sure hope not. But I appreciate your confidence.

REPRESENTATIVE MARTINEZ: Who's your favorite Bexar County member?

REPRESENTATIVE LYLE LARSON: Obviously it's the gentleman that's speaking.

REPRESENTATIVE MARTINEZ: And what's his name?

REPRESENTATIVE LYLE LARSON: That would be Tray Martinez.

REPRESENTATIVE MARTINEZ: Also known as?

REPRESENTATIVE LYLE LARSON: Well, I can't say that openly.

UNIDENTIFIED WOMAN SPEAKER: Madam Speaker?

THE SPEAKER: Representative McClendon, for what purpose?

REPRESENTATIVE RUTH JONES MCCLENDON: Woul d the gentleman yield?

THE SPEAKER: Do you yield?

REPRESENTATIVE LYLE LARSON: Yes, ma'am, I will.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE RUTH JONES MCCLENDON: Repr esentative Larson, I think you and I were on the city council together in San Antonio.

REPRESENTATIVE LYLE LARSON: Yes, ma'am, we were.

REPRESENTATIVE RUTH JONES MCCLENDON: And if I remember, and correct me if I'm wrong, but you worked on the scenic loop when you were on the city council, would that apply to what you did?

REPRESENTATIVE LYLE LARSON: What's that?

REPRESENTATIVE RUTH JONES MCCLENDON: Did you worked on the scenic loop you were on the city council?

REPRESENTATIVE LYLE LARSON: I did. Yes, ma'am.

REPRESENTATIVE RUTH JONES MCCLENDON: Well , I wonder why you come up here to try to fix our

(inaudible) when you were on the city council.

REPRESENTATIVE LYLE LARSON: Well, I could use your assistance. Obviously, I was misguided when I was at the city.

REPRESENTATIVE RUTH JONES MCCLENDON: Well , I'm here to tell that you you are a great city council member and I know you are going to be a great member in this legislature so --

REPRESENTATIVE LYLE LARSON: Well, thank you for your confidence. I appreciate that.

THE SPEAKER: Is there any objection? Representative Thompson, for what purpose?

REPRESENTATIVE SENFRONIA THOMPSON: Parlia mentary inquiry.

THE SPEAKER: State your inquiry.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, is the Chair advised that we would be taking a lunch break?

THE SPEAKER: The Chair is advised, but we still have a few bills left to go before we do.

REPRESENTATIVE SENFRONIA THOMPSON: Is the Chair advised that we don't pay 6:00 and we have to pay to go through to pay 7:00 -- I mean 10:00?

THE SPEAKER: You are exactly right, Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: And is the Chair further advised that we now move this calendar a little more quickly than what we've been doing this morning?

THE SPEAKER: Ms. Thompson, I'm doing my best but I'm going to try a little harder.

REPRESENTATIVE SENFRONIA THOMPSON: Thank you so much.

THE SPEAKER: Is there any objection?

UNIDENTIFIED WOMAN SPEAKER: Madam Chair?

THE SPEAKER: For what purpose?

UNIDENTIFIED WOMAN SPEAKER: Parliamentary inquiry.

THE SPEAKER: State your inquiry.

UNIDENTIFIED WOMAN SPEAKER: Have we ever had this many freshman with a first bill on a local and consent calendar?

THE SPEAKER: We will have to ask the local and consent calendar chair.

UNIDENTIFIED WOMAN SPEAKER: Is that a violation of rule, or point of order or something, for having this many freshman bills as we do?

THE SPEAKER: It appears to me if she's worried about the length of time that she should have cut some of these parliamentary --

REPRESENTATIVE DAWANNA DUKES: Can we amend the rules to prevent this from occurring in the future with this many freshman?

THE SPEAKER: It's always a good idea. Why don't you bring it up next session?

REPRESENTATIVE DAWANNA DUKES: Parliamenta ry inquiry. How much time is left on this gentleman's time?

THE SPEAKER: The gentleman has one second left.

REPRESENTATIVE DAWANNA DUKES: One second left? Have you ever spoken for greater than one second in committee?

REPRESENTATIVE LYLE LARSON: I have not.

THE SPEAKER: The Chair lays out House Bill 1499. The clerk will read the bill.

CLERK: HB 1499 by Larson. Relating to designation of the Scenic Loop Road-Boerne Stage Road-Toutant Beauregard Road Historic Corridor.

REPRESENTATIVE LYLE LARSON: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1499. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Munoz to lay out House Bill 1504. REPRESENTATIVE SERGIO MUNOZ, JR.,: Madam Speaker and members, HB 1504 revises statutory references from TexasOnline to state electronic internet portal.

THE SPEAKER: Is there any objection to consideration of House Bill 1504? Chair hears none and lays out House Bill 1404. The clerk will read the bill.

CLERK: HB 1404 by Munoz. Relating to statutory references to the common electronic infrastructure project formally known as TexasOnline.

THE SPEAKER: The Chair calls on Representative Munoz. REPRESENTATIVE SERGIO MUNOZ, JR.,: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 1504 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Phillips to explain House Bill 1524.

REPRESENTATIVE LARRY PHILLIPS: Relating to the MUD in Grayson County.

THE SPEAKER: Is there any objection to consideration of 1524? The Chair hears none and lays out House Bill 1524. The clerk will read the bill.

CLERK: HB 1524 by Phillips. Relating to the creation of the Case Creek Municipal Utility District Number 1 of Grayson County; providing authority to impose a tax and issue bond; granting a limited power of eminent domain.

REPRESENTATIVE LARRY PHILLIPS: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 1524 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Thompson to explain House Bill 1555.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, House Bill 1555 is a pilot program for the Houston School District for the upcoming school year. I move passage.

THE SPEAKER: Is there objection in consideration of House Bill 1555? Chair hears none and lays out House Bill 1555. The Clerk will read the bill.

CLERK: HB 1555 by Thompson. Relating to the first day of instruction in certain school districts that provide additional days of instruction financed with local funds.

THE SPEAKER: The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1555. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Scott to explain House Bill 1560.

REPRESENTATIVE SCOTT: HB 1560 authorizes the governing body of the county to nominate for designation as an enterprise project a project or activity of a qualified business that is located in the county and in the extra-territorial jurisdiction of the municipality primarily located in another county.

THE SPEAKER: Is there any objection in consideration of House Bill 1560? Chair hears none and lays out House Bill 1560. The clerk will read the bill.

CLERK: HB 1560 by Scott. Relating to the authority of counties to nominate projects in the extraterritorial jurisdictions of certain municipalities for designation as enterprise projects.

THE SPEAKER: The Chair recognizes Representative Scott.

REPRESENTATIVE CONNIE SCOTT: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1560. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Coleman to explain House Bill 1567.

REPRESENTATIVE GARNET COLEMAN: Thank you Madam Speaker and members. What House Bill 1567 does is allow the commission court of county --

THE SPEAKER: Representative, for what purpose?

UNIDENTIFIED MALE SPEAKER: For questions, please.

THE SPEAKER: Would the gentleman yield?

REPRESENTATIVE GARNET COLEMAN: Yes.

UNIDENTIFIED MALE SPEAKER: Chairman Coleman, does this bill pertain to a specific county?

REPRESENTATIVE GARNET COLEMAN: Yes, it does. Harris County.

UNIDENTIFIED MALE SPEAKER: Harris County? And this is an agreed to bill amongst various parties?

REPRESENTATIVE GARNET COLEMAN: Yes, it is. And I will read the provisions that you might be concerned with that -- make sure they are in the bill. This section may not be conceded by authorizing commissioner's court to supervise or control the practice of medicine as prohibited by Subtitle B, Title 3 of the Occupation Code or to supervise the control of the practice of the dentistry as provided by the Subtitle D, Title 3 of the Occupation Code.

UNIDENTIFIED MALE SPEAKER: So the provisions are for the protection of this and patients in critical -- (inaudible)

REPRESENTATIVE GARNET COLEMAN: Position of (inaudible) economy is that the physician is working for the health of the patient, not working for the county. And that if there is every any intervention in that, that the physician has due process.

REPRESENTATIVE CHARLES SCHWERTNER: I'm going to yield.

UNIDENTIFIED MALE SPEAKER: Can you please reduce those comments to writing?

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

UNIDENTIFIED MALE SPEAKER: Thank you.

REPRESENTATIVE GARNET COLEMAN: Thank you very much.

THE SPEAKER: Is there any objection to consideration of House Bill 1567.

UNIDENTIFIED MALE SPEAKER: Madam Speaker.

THE SPEAKER: For what purpose, Representative?

UNIDENTIFIED MALE SPEAKER: Would the gentleman yield?

REPRESENTATIVE GARNET COLEMAN: Be happy to.

REPRESENTATIVE JOHN ZERWAS: Thank you Chairman Coleman. You and I talked a little bit about this bill. You and I had some conversation about this --

REPRESENTATIVE GARNET COLEMAN: Yes.

REPRESENTATIVE JOHN ZERWAS: I think we -- There's a large medical society in Harris County in the Houston area; is that correct?

REPRESENTATIVE GARNET COLEMAN: That is correct.

REPRESENTATIVE JOHN ZERWAS: And as you have discussed, these arrangements for appointment of physicians, has it been your understanding that that local medical society is supportive of these types of things, or this in particular?

REPRESENTATIVE GARNET COLEMAN: That is correct. The Harris County Medical Society was asked if they would support a bill that pertains to have county -- that allows certain institutions to hire physicians. Also, in cooperation with the medical schools, those UT Dental, UT Med, Baylor College of medicine, that this works for those settings where they were teaching hospitals and teaching circumstances with dentistry. And so this was a local decision made by those involved.

REPRESENTATIVE JOHN ZERWAS: And is it also your understanding that the state wide association would render its support for this type of arrangement if the local medical association likewise agreed to it?

REPRESENTATIVE GARNET COLEMAN: That is correct. On the bills -- Some of the things that you heard today, those were -- that is through the local medical society working with the hospital districts or their commissioner court in order to approve of this arrangement in that particular county; yes, sir. And the Texas Medical Association has testified in favor of this piece of legislation as well.

THE SPEAKER: Is there objection to consideration of House Bill 1567?

REPRESENTATIVE JOHN ZERWAS: Thank you, gentleman.

THE SPEAKER: The Chair hears none and lays out House Bill 1467. The Clerk will read the bill.

CLERK: HB 1567 by Coleman. Relating to authority of certain counties to appoint, contract for or employ physicians, dentists or other health care providers for county jails.

THE SPEAKER: The Chair recognizes Representative Coleman.

REPRESENTATIVE GARNET COLEMAN: Move passage.

THE SPEAKER: The question occurs on package to third reading of House Bill 1667. Is there any objection? Chair hears none. So ordered. The Chair calls for Representative Murphy to explain House Bill 1570.

REPRESENTATIVE JIM MURPHY: Thank you, Madam Speaker. This bill approximately amends the election code by requiring mandatory training for deputy voter registrars.

THE SPEAKER: Is there any objection to consideration of House Bill 1570? Chair hears none and lays out House Bill 1570. The clerk will read the bill.

CLERK: HB 1570 by Murphy. Relating to training for deputy voter registrars.

THE SPEAKER: Chair recognizes Representative Murphy.

REPRESENTATIVE JIM MURPHY: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1570. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Gallego to explain House Bill 1573.

REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. House Bill 1573 relates to pretrial and post trial procedures in a criminal case.

THE SPEAKER: Is there objection?

REPRESENTATIVE PETE GALLEGO: Thank you Madam Speaker. Apparently I was unclear in my comments so let me try again. House Bill 1573 relates to pretrial and post trial procedures in a criminal case.

THE SPEAKER: For what purpose, Mr. Branch?

REPRESENTATIVE DAN BRANCH: Some of the members are still having difficulty hearing the chairman. We wondered if he could probably raise his voice. We know he's not trying to --

THE SPEAKER: Mr. Gallego --

REPRESENTATIVE DAN BRANCH: -- anything. But I know it's a good piece of legislation and we just want to all enjoy it.

REPRESENTATIVE PETE GALLEGO: It's a wonderful --

THE SPEAKER: Is there any objection to consideration of House Bill 1573? Chair hears none. The Chair lays out House Bill 1573. The clerk will read the bill.

CLERK: HB 1573 by Gallego. Relating to certain pretrial and post trial procedures in a criminal case.

THE SPEAKER: The Chair recognizes Representative Gallego.

UNIDENTIFIED MALE SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose, Mr. --

UNIDENTIFIED MALE SPEAKER: Could we ask Representative Hardcastle to come up and interpret what Mr. Gallego said, please?

THE SPEAKER: Not at this time.

REPRESENTATIVE PETE GALLEGO: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1573. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Aliseda to lay out or to explain House Bill 1638.

REPRESENTATIVE JOSE ALISEDA: Madam Speaker and members, House Bill 1638 would allow a judge to declare a district or county attorney disqualified and to appoint an Attorney Pro Tem if the district attorney or county attorney is subject to a criminal investigation based on credible evidence of criminal misconduct.

THE SPEAKER: Is there any objection to consideration of House Bill 1638. The Chair hears none and lays out House Bill 1638. The Clerk will read the bill.

CLERK: HB 1638 by Aliseda. Relating to the disqualification of a district or county attorney who is subject to a criminal investigation.

THE SPEAKER: The Chair recognizes Representative Aliseda.

REPRESENTATIVE JOSE ALISEDA: Move for passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1638. Is there objection? Chair hears none. So ordered. The Chair recognizes Chairman Gallegos to explain House Bill 1753.

REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. House Bill 1753 relates to the threshold amount at which public utilities are required to report a transaction.

THE SPEAKER: In consideration of House Bill 1753. Is there objection? The Chair hears none. So lays out 753. The clerk will read the bill.

CLERK: HB 753 by Gallego. Relating to the threshold amount at which public utilities are required to report a transaction.

THE SPEAKER: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 753. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Rodriguez to explain House Bill 1756.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Madam Speaker and members, House Bill 1756 creates Pilot Knob Municipal Utility District Number 2, in my district.

THE SPEAKER: Is there any objection to consideration of House Bill 1756? Chair hears none and lays out House Bill 1756. The Clerk will read the bill.

CLERK: HB 1756 by Rodriguez. Relating to the creation of the Pilot Knob Municipal Utility District Number 2; providing authority to impose a tax and issue bonds; granting a limited power or eminent domain.

THE SPEAKER: Chair recognizes Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: I move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1756. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Rodriguez to explain House Bill 1757.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Madam Speaker and members. This bill would create Pilot Knob Municipal Utility District Number 1 in my district.

THE SPEAKER: Is there any objection to consideration of House Bill 1757? The Chair hears none and lays out House Bill 1757. The clerk will read the bill.

CLERK: HB 1757 by Rodriguez. Relating to the creation of Pilot Knob Municipal Utility District Number 1; providing authority to impose a tax and issue bonds; granting a limited power or eminent domain.

THE SPEAKER: The Chair calls on Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1757. Is there any objection? Chair hears none. So ordered.

THE SPEAKER: Chair recognizes Representative Rodriguez to explain House Bill 1758.

REPRESENTATIVE EDDIE RODRIGUEZ: Finally, Madam Speaker and members, this bill would create Pilot Knob Municipal Utility District Number 3, also in my district.

THE SPEAKER: Is there any objection to consideration of House Bill 1758? Chair hears none and calls on the clerk to read the Bill.

CLERK: HB 1758 by Rodriguez. Relating to creation of Pilot Knob Municipal Utility District Number 3; providing authority to impose a tax and to issue bonds; granting a limited power of eminent domain.

THE SPEAKER: Chair calls on Representative Rodriguez.

REPRESENTATIVE EDDIE RODRIGUEZ: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1758. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Madden to explain House Bill 1770.

REPRESENTATIVE JERRY MADDEN: Mrs. Speaker and members, this bill amends temporary housing programs for TDCJ, for persons on parole. Move adoption.

THE SPEAKER: Is there objection to consideration of House Bill 1770? Chair hears none and lays out House Bill 1770. The Clerk will read the bill.

CLERK: HB 1770 by Madden. Relating to the payment of temporary housing costs for certain inmates released or eligible for release on parole or to mandatory supervision.

THE SPEAKER: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: I move passage.

THE SPEAKER: The question occurs on passage to third reading of 1770. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Howard of Fort Bend to explain House Bill 1778.

REPRESENTATIVE CHARLIE HOWARD: Madam Chair, I move to postpone House Bill 1778 to the next consent calendar.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Naishtat to explain House Bill 1779.

REPRESENTATIVE ELLIOTT NAISHTAT: Members, this bill would allow licensed social workers to collect and do background and histories.

THE SPEAKER: Is there any objection to consideration of House Bill 1779? The Chair hears none and lays out House Bill 1779. The clerk will read the Bill.

CLERK: HB 1779 by Naishtat. Relating to an exemption from private security regulation for social workers engaged in the private of social work.

THE SPEAKER: The Chair recognizes Representative Naishtat.

REPRESENTATIVE ELLIOTT NAISHTAT: Move passage.

THE SPEAKER: Is there objection of -- The question occurs on passage to third reading of House Bill 1779. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Price to explain House Bill 1781. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you Madam Speaker and members, House Bill 1781 is a government efficiency bill and is intended to allow agencies preparing a report to participate in and provide input to a process designed to eliminate unnecessary and redundant work.

THE SPEAKER: Is there any objection to consideration of House Bill 1781? The Chair hears none and lays out House Bill 1781. The clerk will read the bill.

CLERK: HB 1781 by Price. Relating to obsolete or redundant reporting requirements applicable to state agencies.

THE SPEAKER: The Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Move passage.

THE SPEAKER: The question is on passage to third reading of House Bill 1781. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Hancock to explain House Bill 1804.

REPRESENTATIVE KELLY HANCOCK: Yes, thank you Madam Chair. What this bill does is to allow

(inaudible) use and needing certification for master plumbers.

THE SPEAKER: Is there any objection to consideration of House Bill 1804? Chair hears none and lays out House Bill 1804. The clerk will read the bill.

CLERK: HB 1804 by Hancock. Relating to certificates of insurance required for certain plumbing contractors.

THE SPEAKER: The Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1804. Is there any objection? Chair hears none. So ordered. The Chair calls for Representative Giddings to explain House Bill 1869.

REPRESENTATIVE HELEN GIDDINGS: Madam Speaker, this bill allows local governments to consider a business' principle place of --

THE SPEAKER: Is there objection to consideration of House Bill 1869? The Chair hears none. Lays out House Bill 1869. The clerk will read the bill.

CLERK: HB 1869 by Giddings. Relating to local governments that may consider a bidder's principal place of business when awarding a contract.

THE SPEAKER: Chair recognizes Representative Giddings.

REPRESENTATIVE HELEN GIDDINGS: Madam Speaker, I move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1869. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Hardcastle to explain House Bill 1885. No Hardcastle? The Chair moves -- The Chair recognizes Representative Sheffield on House Bill 1885.

REPRESENTATIVE RALPH SHEFFIELD: Members, this is relating to the authority of the board of directs in the Knox County Hospital District to employ physicians and other health care providers.

THE SPEAKER: Is there objection to consideration of House Bill 1885? Chair hears none and lays out House Bill 1885. The clerk will read the bill.

CLERK: HB 1885 by Hardcastle. Relating to the authority of the board of directors of Knox County Hospital District to employ physicians and other health care providers.

THE SPEAKER: The Chair recognizes Representative Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1885. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Burkett to explain House Bill 1889.

REPRESENTATIVE CINDY BURKETT: House Bill 1889 is a local bill and will simply create a municipal court of record in the city of Mesquite.

THE SPEAKER: Is there objection to consideration of House Bill 1889? The Chair hears none and lays out House Bill 1889. The clerk will read the bill.

CLERK: HB 1889 by Burkett. Relating to the creation of municipal courts of record in the city of Mesquite.

THE SPEAKER: The Chair recognizes Representative Burkett.

REPRESENTATIVE CINDY BURKETT: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1889. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Sarah Davis of Harris County to explain House Bill 1891.

REPRESENTATIVE SARAH DAVIS: Thank you Madam Chair and members, House Bill 1891 is to provide law enforcement --

THE SPEAKER: Excuse me, is this your first bill?

REPRESENTATIVE SARAH DAVIS: Yes, ma'am.

THE SPEAKER: Attention. Attention. Calling all freshmen.

UNIDENTIFIED MALE SPEAKER: Madam Speaker, would the lady yield?

THE SPEAKER: For what purpose?

UNIDENTIFIED MALE SPEAKER: I have a question.

THE SPEAKER: Would you yield, Ms. Davis, for some questions?

REPRESENTATIVE DAVIS: Absolutely.

UNIDENTIFIED MALE SPEAKER: What does this bill do?

REPRESENTATIVE DAVIS: Well, thank you very much for asking. The purpose of House Bill 1891 is to provide law enforcement sufficient time to search for digital evidence, such as child pornography, that has been stored on a computer or electronic storage device that has been lawfully received as a result of a search warrant.

UNIDENTIFIED MALE SPEAKER: Has this been a problem?

REPRESENTATIVE DAVIS: I believe that it has been a problem. This has been to the attention of my district attorney. Many times it takes weeks, if not months, to be able to capture the child pornography that's contained on these hard drives. And, in the meantime, some of these victims do not receive justice.

UNIDENTIFIED MALE SPEAKER: So you are doing this for the children?

REPRESENTATIVE DAVIS: Yes, sir. This is for the children of the State of Texas.

UNIDENTIFIED MALE SPEAKER: That's good. And are you going to (inaudible).

REPRESENTATIVE RICK HARDCASTLE: Madam Speaker?

THE SPEAKER: Mr. Hardcastle, for what purpose?

REPRESENTATIVE RICK HARDCASTLE: Would the gentle-lady yield?

THE SPEAKER: Ms. Davis, do you yield to Mr. Hardcastle for a question?

REPRESENTATIVE DAVIS: The lady gladly yields. I'm not familiar with the word gentle.

REPRESENTATIVE RICK HARDCASTLE: Could you explain this bill in my language like you did yesterday?

REPRESENTATIVE DAVIS: I will do my best. Thank you Madam Speaker and members, I bring this bill because they got this child pornographers out there that are not getting justice, so we got to make sure that these search warrants are covering the devices that they go and get. And I move for passage.

REPRESENTATIVE RICK HARDCASTLE: And you realize why Mr. Sheffield introduced my bill a while ago? Because one of your classmates thought he was Rick Hardcastle for the first month that he was here. Now the only other question I have been having, does this bill have anything to do with hog hunting?

REPRESENTATIVE DAVIS: With hog hunting?

REPRESENTATIVE RICK HARDCASTLE: Yeah.

REPRESENTATIVE DAVIS: No, sir.

REPRESENTATIVE RICK HARDCASTLE: Thank you.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker, I raise a point of order in consideration of this --

THE SPEAKER: Bring your point of order down to the front.

UNIDENTIFIED MALE SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose?

UNIDENTIFIED MALE SPEAKER: Would the lady yield for some questions?

THE SPEAKER: Would you yield, Ms. Davis?

REPRESENTATIVE DAVIS: Yes, of course.

REPRESENTATIVE JOHN OTTO: I'm just curious, what are the -- the notes that I -- I've never seen another freshman be the first one to the mike to address a freshman on their first bill. Was this planned?

REPRESENTATIVE DAVIS: I have no idea what you are talking about.

REPRESENTATIVE JOHN OTTO: Oh, in that case, I have several more questions.

THE SPEAKER: The lady's time has expired. Is there any further consideration of House Bill 1891? Chair hears none. So ordered.

UNIDENTIFIED MALE SPEAKER: Madam Speaker?

THE SPEAKER: I think we have to read the bill, don't we? Sorry. The Chair hears no objections and lays out House Bill 1891. The clerk will read the bill.

CLERK: HB 1891 by Sarah Davis of Harris. Relating to the execution of a search warrant for data or information contained in or on certain devices.

THE SPEAKER: The Chair recognizes Representative Davis of Harris.

REPRESENTATIVE DAVIS: I move passage.

THE SPEAKER: Mr. Solomons?

REPRESENTATIVE BURT SOLOMONS: I have a parliamentary inquiry when you have a chance.

THE SPEAKER: State your inquiry.

REPRESENTATIVE BURT SOLOMONS: What time did this local calendar begin this morning?

THE SPEAKER: I wish I knew.

REPRESENTATIVE BURT SOLOMONS: Madam Speaker, parliamentary inquiry. Are the freshmen trying to chub the voter ID Bill to dash on the local calendar?

THE SPEAKER: I'm not advised.

REPRESENTATIVE BURT SOLOMONS: Is there anywhere that's been done?

THE SPEAKER: There were some last year.

UNIDENTIFIED WOMAN SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose?

UNIDENTIFIED WOMAN SPEAKER: Would the lady yield?

THE SPEAKER: Would you yield, Representative Davis? Did she or didn't she? And I see that you are moving. Representative Davis.

UNIDENTIFIED WOMAN SPEAKER: Representativ e Davis, is it true that you have been lying to the male members of this House based on the theory that you should be wearing a green costume?

UNIDENTIFIED WOMAN SPEAKER: A green costume?

REPRESENTATIVE DAVIS: I am not advised.

REPRESENTATIVE KING: Well, that's been a rumor passed around on this side of the hall. And I wanted to know, also, if that green costume had anything to do with these advisers that is you are trying to fit in here with regard to the search warrant. Would they be searching costumes in certain plays that begin with the letter P?

REPRESENTATIVE DAVIS: No. No. They will be searching computers and flash drives and cellphones.

REPRESENTATIVE KING: And what is your other job on the floor, besides your bringing legislation to us and receiving harassment by your fellow colleagues? What is your other job that you and I joined together to have?

REPRESENTATIVE DAVIS: I believe it is our job to protect the (inaudible) Elliot Naishtat.

REPRESENTATIVE KING: Absolutely. Congratulations.

REPRESENTATIVE DAVIS: Thank you.

REPRESENTATIVE RANDY WEBER: Madam Speaker?

THE SPEAKER: For what purpose, Mr. Weber?

REPRESENTATIVE RANDY WEBER: Would the gentle-lady please yield?

REPRESENTATIVE DAVIS: The lady is happy to yield.

REPRESENTATIVE RANDY WEBER: Very good. Representative Davis, I just have a couple questions for you. Did Representative Burkett get you into (inaudible) pornography?

REPRESENTATIVE DAVIS: No. That is an independent interest.

REPRESENTATIVE RANDY WEBER: You got into this all by yourself?

REPRESENTATIVE DAVIS: I'm sorry?

REPRESENTATIVE RANDY WEBER: I said you got into this all by yourself? Okay. And secondly, would you -- I would submit to you that in all probability this bill will pass --

THE SPEAKER: The gentle lady's time --

REPRESENTATIVE RANDY WEBER: -- like Sarah Dee.

THE SPEAKER: -- Ms. Davis, do you move passage?

REPRESENTATIVE DAVIS: Yes. I move passage.

THE SPEAKER: The question occurs on passage of House Bill 1891 to third reading. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Sheffield to explain House Bill 1904.

REPRESENTATIVE RALPH SHEFFIELD: Relating to the deadlines for write-in candidates.

THE SPEAKER: Is there any objection to consideration of House Bill 1904? The Chair hears none. The Chair lays out House Bill 1904 and the clerk will read the bill.

CLERK: HB 1904 by Sheffield. Relating to the deadlines for write-in candidates for office of county or precinct chair of a political party.

THE SPEAKER: Chair recognizes Representative Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 1904 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Schwertner to explain House Bill 1932.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Madam Speaker. This bill authorizes the Williamson-Liberty Hill MUD to have road power.

THE SPEAKER: We have another freshman first bill. Is there any objection to consideration of House Bill 1932? The Chair hears none. The Chair lays out House Bill 1932. The clerk will read the bill.

CLERK: HB 1932 by Schwertner. Relating to the power and duties of Williamson-Liberty Hill Municipal Utility District.

THE SPEAKER: The Chair recognizes Representative Schwertner.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Madam Speaker.

UNIDENTIFIED MALE SPEAKER: For what purpose, Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: Would the gentleman yield?

THE SPEAKER: For what purpose, Mr. Phillips?

REPRESENTATIVE LARRY PHILLIPS: Would the gentleman yield for questions?

THE SPEAKER: Do you yield?

REPRESENTATIVE CHARLES SCHWERTNER: I do.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE LARRY PHILLIPS: Is this your first bill to try to pass --

REPRESENTATIVE CHARLES SCHWERTNER: Yes, Mr. Chairman, it's my first bill.

REPRESENTATIVE LARRY PHILLIPS: (Inaudible ).

REPRESENTATIVE CHARLES SCHWERTNER: I'm sorry, sir, I couldn't hear that.

REPRESENTATIVE LARRY PHILLIPS: (Inaudible ).

REPRESENTATIVE CHARLES SCHWERTNER: Could you repeat yourself one more time?

REPRESENTATIVE LARRY PHILLIPS: I am kind of offended. You just don't want to answer my questions?

REPRESENTATIVE CHARLES SCHWERTNER: Sure, I would be happy to answer your questions if I could hear them.

REPRESENTATIVE LARRY PHILLIPS: (Inaudible ).

REPRESENTATIVE CHARLES SCHWERTNER: I agree with you completely, sir.

REPRESENTATIVE LARRY PHILLIPS: Very good.

THE SPEAKER: Is there any objection?

UNIDENTIFIED MALE SPEAKER: Madam Speaker?

THE SPEAKER: For what purpose, Mr. --

UNIDENTIFIED MALE SPEAKER: Would the gentleman yield?

THE SPEAKER: Do you yield, Mr. Schwertner?

REPRESENTATIVE CHARLES SCHWERTNER: I yield.

UNIDENTIFIED MALE SPEAKER: Are you on our hall?

REPRESENTATIVE CHARLES SCHWERTNER: Yes, sir, I am.

UNIDENTIFIED MALE SPEAKER: And you are freshman on our hall?

REPRESENTATIVE CHARLES SCHWERTNER: I am the freshman on the hall.

UNIDENTIFIED MALE SPEAKER: You know that you have to be voted to come to our hall?

REPRESENTATIVE CHARLES SCHWERTNER: I --

REPRESENTATIVE MIKE HAMILTON: And then you come in to our hall and then you come in and you have your own furniture, you don't like state furniture?

REPRESENTATIVE CHARLES SCHWERTNER: I do like state furniture yes, sir.

REPRESENTATIVE MIKE HAMILTON: The state works very hard to make that furniture.

REPRESENTATIVE CHARLES SCHWERTNER: It's fine furniture.

REPRESENTATIVE MIKE HAMILTON: Now you go ahead and get new furniture?

REPRESENTATIVE CHARLES SCHWERTNER: I have other furniture, too.

REPRESENTATIVE MIKE HAMILTON: Oh, okay.

THE SPEAKER: Move passage?

REPRESENTATIVE CHARLES SCHWERTNER: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 1932 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Kuempel on his first bill.

REPRESENTATIVE JOHN KUEMPEL: Thank you, Madam Speaker. House Bill 1952 gives a P.A. more flexibility to --

THE SPEAKER: Is there any objection to consideration of House Bill 1952?

UNIDENTIFIED MALE SPEAKER: Yes.

THE SPEAKER: For what purpose, Mr. Miller?

REPRESENTATIVE DOUG MILLER: Would the gentleman yield?

THE SPEAKER: Would you yield, Mr. Kuempel?

REPRESENTATIVE JOHN KUEMPEL: Yes, sir, Mr. Miller.

THE SPEAKER: Well, the gentleman yields.

REPRESENTATIVE DOUG MILLER: Well, thank you. Mr. Kuempel, this is your first bill; is that right?

REPRESENTATIVE JOHN KUEMPEL: Yes, sir.

REPRESENTATIVE DOUG MILLER: Are you familiar with the process of -- I mean have you ever had any kind of prior knowledge about how this process works up here?

REPRESENTATIVE JOHN KUEMPEL: No, sir.

REPRESENTATIVE DOUG MILLER: Are you absolutely sure about that question? Mr. Kuempel, this -- Do you know or would you tell us why not one person testified on behalf of your bill in committee?

REPRESENTATIVE JOHN KUEMPEL: I don't have the answer to that, Mr. Miller.

REPRESENTATIVE DOUG MILLER: Well, this is dealing with liquor and alcoholic beverages, isn't it?

REPRESENTATIVE JOHN KUEMPEL: Yes, sir, correct.

REPRESENTATIVE DOUG MILLER: You know that I am a member of the Baptist Church, right?

REPRESENTATIVE JOHN KUEMPEL: I was not aware of that but I will take your word on it, Mr. Miller.

REPRESENTATIVE DOUG MILLER: Well, I can tell you that just -- Just confirm me, you know, all these servers and everybody being trained on alcoholic beverages, I hope that your bill does strengthen this. Does your bill strengthen the law as far as training people on all the service?

REPRESENTATIVE JOHN KUEMPEL: Yes, sir. I believe that the laws are in place now are strong and sufficient for the State of Texas, and this bill will help everybody involved.

REPRESENTATIVE DOUG MILLER: Well, on behalf of the Southern Baptist Convention, I thank you, sir, for doing that.

REPRESENTATIVE JOHN KUEMPEL: Thank you, Mr. Miller.

THE SPEAKER: Is there further objection to consideration of House Bill 1952? Chair hears none. The Chair lays out House Bill 1952. The clerk will read the bill.

CLERK: HB 1952 by Kuempel. Relating to alcoholic beverage seller-servers and to seller training programs.

THE SPEAKER: The Chair recognizes Mr. Kuempel.

REPRESENTATIVE JOHN KUEMPEL: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 1952 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 1956.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this bill is relating to an appeal of an order of the Texas Alcohol and Beverage Commission or the commission's administrator refusing, canceling or suspending a license or permit.

THE SPEAKER: Is there objection to consideration of House Bill 1956? Chair hears none. So ordered. The Chair lays out House Bill 1956. The clerk will read the bill.

CLERK: HB 1956 by Thompson relating to an appeal of an order of the Texas Alcoholic Beverage Commission or the commission's administrator refusing the canceling, or the suspending a license or permit.

THE SPEAKER: There is an amendment. The clerk will read the amendment.

CLERK: Amendment by Thompson.

THE SPEAKER: Chair recognizes Representative Thompson to lay out the amendment.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, this will allow the total hearing be heard in the various cities of our state and give them six to ten days for that appeal.

THE SPEAKER: The question occurs on the adoption of the amendment. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 1956 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Chisum to explain House Bill 1967.

REPRESENTATIVE WARREN CHISUM: Mrs. Speaker and members, this bill just allows the Collingsworth Hospital District to give a normal discount or the --

THE SPEAKER: Representative Hochberg, for what purpose?

REPRESENTATIVE SCOTT HOCHBERG: (Inaudible ).

THE SPEAKER: Will you yield, Mr. Chisum?

REPRESENTATIVE WARREN CHISUM: If he turns his mike on.

REPRESENTATIVE SCOTT HOCHBERG: Better if I don't. I just wanted to see if this was your first bill.

THE SPEAKER: Would all the senior members come forward and join Mr. Chisum? Is there any objection to consideration of House Bill 1967? Chair hears none. The Chair lays out House Bill 1967. The clerk will read the bill.

CLERK: HB 1967 by Chisum. Relating to the contracting authority of the Collingsworth County Hospital District.

THE SPEAKER: The Chair recognizes Representative Chisum.

REPRESENTATIVE WARREN CHISUM: I move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 1967. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Smith of Harris to explain House Bill 1981.

REPRESENTATIVE SMITH: Members, House Bill 1981 requires to keep the air pollution to --

THE SPEAKER: Is there objection in consideration of House Bill 1981? Chair hears none and the clerk -- Chair lays out House Bill. 1981 the clerk will read the bill.

CLERK: HB 1981 by Smith of Harris. Relating to measuring, monitoring and reported emissions.

THE SPEAKER: The Chair recognizes Representative Smith of Harris.

REPRESENTATIVE WAYNE SMITH: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 1981. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Shelton to explain House Bill 2007.

REPRESENTATIVE MARK SHELTON: House Bill 2007 is a local bill for Benbrook Water Authority to repay the --

THE SPEAKER: Is there any objection to the consideration of House Bill 2007? Chair hears none and lays out House Bill 2007. The clerk will read the bill.

CLERK: HB 2007 by Shelton. Relating to payment by the Benbrook Water Authority for certain damages caused by the authority's operation of sanitary sewer system.

THE SPEAKER: The Chair recognizes Representative Shelton.

REPRESENTATIVE MARK SHELTON: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2007. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this is relating to certain prohibited bills between a wholesaler and a retailer of alcoholic beverages.

THE SPEAKER: Is there any objection to consideration of House Bill 2012? Chair hears none and lays out House Bill 2012. The clerk will read the bill.

CLERK: HB 2012 by Thompson. Relating to certain prohibited dealings between a wholesaler and a retailer of alcoholic beverages.

THE SPEAKER: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2012. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Thompson to explain House Bill 2014.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this is another bill dealing with human trafficking and relating to criminal offenses and elevating those offenses in a prosecution barrel. I move passage.

THE SPEAKER: The Chair lays out House Bill 2014 and the clerk will read the bill.

CLERK: HB 2014 by Thompson. Relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses and to the prevention, prosecution and punishment of those offenses.

THE SPEAKER: The amendment, the clerk will read the amendment.

CLERK: Amendment by Thompson.

THE SPEAKER: Representative Thompson to explain the amendment.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this amendment just puts the district courts and (inaudible) and inserting between the (inaudible) of law.

THE SPEAKER: The question is on the adoption of the amendment to House Bill 2014. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 2014. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Hamilton to explain House Bill 2035.

REPRESENTATIVE MIKE HAMILTON: Members, this is just a bill that lets distributors relocate during a time of disaster.

THE SPEAKER: Members, is there any objection to consideration of House Bill 2035? Chair hears none and lays out House Bill 2035. The clerk will read the bill.

CLERK: HB 2035 by Hamilton. Relating to temporary relocation of an alcoholic beverage distributor's or wholesaler's premises during a period of emergency and deliver of alcoholic beverages to a distributor's or wholesaler's premises.

THE SPEAKER: The Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: I move passage.

THE SPEAKER: The question is on the passage to third reading of House Bill 2035. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Hamilton to explain House Bill 2039.

REPRESENTATIVE MIKE HAMILTON: Madam Speaker, we would like to withdraw this to the next calendar.

THE SPEAKER: You've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gallego to explain House Bill 2207.

REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. I just want to (inaudible).

THE SPEAKER: Is there any objection to consider House Bill 2207? Chair hears none. So ordered. The Chair lays out House Bill 2207. The clerk will read the bill.

CLERK: HB 2207 by Oliveira. Relating to authority of the board of trustees to set rates for certain municipal utility systems.

THE SPEAKER: The Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 2207. Is there any objection? Is there any objection? So ordered. Chair recognizes Representative Hamilton to explain House Bill 2258.

REPRESENTATIVE MIKE HAMILTON: This bill allows a non-profit the right to convey the property to another non-profit.

THE SPEAKER: Is there any objection to consideration of House Bill 2258? Chair hears none. Lays out House Bill 2258. The clerk will read the bill.

CLERK: HB 2258 by Deshotel. Relating to the use and transferability of certain state property transferred from the state to Spindle top MHMR Services.

THE SPEAKER: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2258. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Larson to explain House Bill 2340.

REPRESENTATIVE LYLE LARSON: Mr. Speaker and members, I request that 2340 be postponed until the time of survey for the (inaudible) we are waiting for.

THE SPEAKER: Representative --

REPRESENTATIVE LYLE LARSON: -- to withdraw.

THE SPEAKER: Members, you've heard the --

REPRESENTATIVE LYLE LARSON: What's that? April 13th, at 10:00 a.m.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Ms. McClendon on House Bill 2351. Explain the bill.

REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Madam Speaker and members, this bill will allowed Bexar County Hospital District -- to allow the district to employ physicians directly -- process of non-profit health organizations.

THE SPEAKER: Is there objection to consideration of House Bill 2351? Chair hears none and lays out House Bill 2351. The clerk will read the bill.

CLERK: HB 2351 by McClendon. Relating to the authority of the Bexar County Hospital District to employ physicians.

THE SPEAKER: Representative McClendon?

REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.

THE SPEAKER: The motion occurs on passage of HB 2351 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Schwertner to explain House Bill 2360.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Madam Speaker. This bill creates a regional water authority in Northern Williamson County.

THE SPEAKER: Is there objection to consideration of House Bill 2360? Chair hears none and lays out House Bill 2360. The clerk will read the bill.

CLERK: HB 2360 by Schwertner. Relating to a creation of the Corn Hill Regional Water Authority, providing authority to issue bonds.

THE SPEAKER: Representative Schwertner?

REPRESENTATIVE CHARLES SCHWERTNER: Move passage.

THE SPEAKER: The question occurs on passage of House Bill 2360 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Hamilton to explain House Bill 2376.

REPRESENTATIVE MIKE HAMILTON: This pertains to a (inaudible).

THE SPEAKER: Is there objection to consideration of House Bill 2376? The Chair lays out House Bill 2376. The clerk will read the bill.

CLERK: HB 2376 by Hamilton. Relating to the regulation of plumbing.

THE SPEAKER: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2376. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Callegari to explain 2418.

REPRESENTATIVE BILL CALLEGARI: Madam Speaker, members, House Bill 2418 allows the Harris County regional authorities to clarify district boundaries and other powers and duties.

THE SPEAKER: Is there any objection to consideration of House Bill 2418? The Chair hears none and lays out House Bill 2418. The clerk will read the bill.

CLERK: HB 2418 by Callegari. Relating to the territory, board of directors and powers of the North Harris County Water Regional Authority.

THE SPEAKER: Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2418. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 2503.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this bill relates to the issue of an insurance agent's license to certain foreign corporations and partnerships.

THE SPEAKER: Is there any objection in consideration of House Bill 2503? Chair hears none and lays out House Bill 2503. The clerk will read the bill.

CLERK: HB 2503 by Thompson. Relating to insurance agent licenses issued to certain foreign corporations and partnerships.

THE SPEAKER: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE SPEAKER: The motion occurs on passage to third reading of House Bill 2503. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Sheffield to explain House Bill 2521.

REPRESENTATIVE RALPH SHEFFIELD: House Bill 2521 relates to the creation of Bell County MUD Number 1.

THE SPEAKER: Is there objection to consideration of House Bill 2521? Chair hears none and lays out House Bill 2521. The clerk will read the bill.

CLERK: HB 2521 by Sheffield. Relating to the creation of the Bell County Municipal Utility District Number 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

THE SPEAKER: The Chair recognizes Representative Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: Move passage.

THE SPEAKER: The question occurs on the passage to the third reading of House Bill 2521. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 2609.

REPRESENTATIVE RYAN GUILLEN: Thank you Madam Speaker. Members, this just adds obstruction and retaliation for offenses that are prohibited from the employment at or by employment at certain civic facilities.

THE SPEAKER: Is there objection in consideration of House Bill 2609? Chair hears none and lays out House Bill 2609. The clerk will read the bill.

CLERK: HB 2609 by Guillen. Relating to employment at or by certain facilities serving the elderly or persons with disabilities.

THE SPEAKER: The Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move adoption.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 2609. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Hancock to explain House Bill 2616.

REPRESENTATIVE KELLY HANCOCK: Thank you, Madam Speaker. I would like to postpone House Bill 2616 to the next local and consent calendar.

THE SPEAKER: You've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Branch to explain House Bill 2631.

REPRESENTATIVE DAN BRANCH: Thank you Madam Speaker and members, this re-names the advanced research program after Norm Hackerman, who is the former President of UT and Rice.

THE SPEAKER: Is there any objection to House Bill 2631? The Chair hears none and lays out House Bill 2631. The clerk will read the bill.

CLERK: HB 2631 by Branch. Relating to the Advanced Research Program.

THE SPEAKER: The Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Move passage.

THE SPEAKER: The question occurs on House Bill 2631 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Madden to explain House Bill 2633.

REPRESENTATIVE JERRY MADDEN: Madam Speaker and members, this clarifies the organizational position of the inspector general of the Texas Youth Commission.

THE SPEAKER: Is there objection of consideration of House Bill 2633? The Chair hears none and lays out House Bill 2633. The clerk will read the bill.

CLERK: HB 2633 by Madden. Relating to the office of inspector general of the Texas Youth Commission.

THE SPEAKER: The Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: Move passage.

THE SPEAKER: The question occurs on the passage to third reading of House Bill 2633. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Hamilton to explain House Bill 2690.

REPRESENTATIVE MIKE HAMILTON: This law allows the union to all local give authorize to Harris County property.

THE SPEAKER: The question occurs on third -- the question occurs on House Bill 2690 to move to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes -- Oh, we didn't lay it out? Oh, back up. Okay, sorry. Members, I got ahead of myself. Let's do that one again. The Chair lays out House Bill 2690. The clerk will read the bill.

CLERK: HB 2690 by Deshotel. Authorizing local governments to convey real property interests to other local governments for less than fair market value.

THE SPEAKER: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2690. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Davis of Harris to explain House Bill 2785.

REPRESENTATIVE DAVIS: Thank you, Mrs. Speaker and members. This relates to the creation of a select committee on economic development.

THE SPEAKER: Is there any objection to consideration of House Bill 2785? The Chair hears none and lays out House Bill 2785. The clerk will read the bill.

CLERK: HB 2785 by Davis of Harris. Relating to the creation of the Select Committee on Economic Development.

THE SPEAKER: Chair recognizes Representative Davis of Harris.

REPRESENTATIVE DAVIS: I move passage, Madam Speaker.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2785. Chair hears none. So ordered. The Chair recognizes Representative Branch to explain House Bill 2909.

REPRESENTATIVE DAN BRANCH: Thank you Madam Speaker and members, this names the coordinating board the marketing campaign, Generation Texas, and replaces the old --

THE SPEAKER: Is there any objection to --

REPRESENTATIVE DAN BRANCH: -- Education, Go Get It.

THE SPEAKER: -- Is there any objection to consideration of House Bill 2909? The Chair hears none and lays out House Bill 2909. The clerk will read the bill.

CLERK: HB 2909 by Branch. Relating to increasing awareness in this state of the importance of higher education.

THE SPEAKER: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 2909. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Gonzalez of El Paso to explain House Bill 840.

REPRESENTATIVE GONZALES: This is the same bill we had before and it will allow El Paso County Hospital District to directly employ physicians and dentists.

THE SPEAKER: Is there any objection to consideration of House Bill 840? Chair hears none and lays out House Bill 840. Clerk will read the bill.

CLERK: HB 840 by Gonzalez of El Paso. Relating to the authority of the El Paso County Hospital District to appoint, contract for, or employ physicians and dentists, and other health care providers.

THE SPEAKER: The Chair recognizes Representative Gonzalez.

REPRESENTATIVE GONZALES: Thank you for everyone that worked so hard on it.

THE SPEAKER: The question is on the passage of House Bill 840 to third reading. Is there objection?

REPRESENTATIVE GONZALES: Move passage.

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

CLERK: The Committee on Health, Culture, Recreation and Tourism will meet at first adjournment on April 7th, 2011. And that's at desk Number 16 in the House chamber. This will be a formal meeting to consider pending business. The Committee on Human Services will meet upon first adjournment on April 7th, 2011, at Desk 12. This will be a formal meeting to consider pending business. The Committee on Criminal Jurisprudence will meet on first adjournment on April 7th, 2011, at Desk 92 in the House chamber. This will be a formal meeting to consider pending business. The Committee on Public Education will meet on first adjournment on April 7th, 2011, at Desk Number 56. This will be a formal meeting to consider pending business. The Committee on Ways and Means will meet on first adjournment on April 7th, 2011, at Desk Number 9 on the House floor. This will be a formal meeting to consider pending business.

THE SPEAKER: The Chair recognizes Representative Brown to explain House Bill 682.

REPRESENTATIVE FRED BROWN: Thank you Madam Speaker and members, this is my nontax revenue bill that allows state agencies to sell advertising on the internet.

THE SPEAKER: Is there any objection to consideration of House Bill 682? Chair hears none and lays out House Bill 682. Oh, I'm sorry. Sorry. Ms. Farrar, for what purpose?

REPRESENTATIVE JESSICA FARRAR: Madam Speaker, would the gentleman yield?

THE SPEAKER: Would you yield, Representative Brown?

REPRESENTATIVE FRED BROWN: Yes, ma'am.

THE SPEAKER: Yes, he yields.

REPRESENTATIVE JESSICA FARRAR: Mr. Brown, we spoke about this earlier. This is for the purposes of legislative intent. My concern is, as we discussed, was that government might be perceived as being for sale. So I just want to make sure that an agency that was regulating a business entity would then have an address on -- Well, say Exxon Mobil had a payment pending, or enforcement action pending and then their advertisement would be on the TCCE website.

REPRESENTATIVE FRED BROWN: Yes, ma'am.

REPRESENTATIVE JESSICA FARRAR: And so I just wanted to make sure that because your bill has rule making authority in it, that it is not your intent to have those sorts of situations occur; is that correct?

REPRESENTATIVE FRED BROWN: That is correct.

REPRESENTATIVE JESSICA FARRAR: And also, perhaps, other objectionable matter, adult matter and so on that we sometimes get as we see things that get -- maybe we might be on the Yahoo website, for instance, and stuff comes across that might not be appropriate to general audiences. Is it your intent that that sort of subject matter be advertised?

REPRESENTATIVE FRED BROWN: That's correct. And that will be adopted by -- in the rule by either DIR or the successor agency.

REPRESENTATIVE JESSICA FARRAR: Madam Speaker?

THE SPEAKER: For what purpose, Representative Farrar?

REPRESENTATIVE JESSICA FARRAR: I move that our sayings be placed in writing and put in writing and placed in the record.

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

REPRESENTATIVE JESSICA FARRAR: Thank you.

THE SPEAKER: The Chair lays out House Bill 682. The clerk will read the bill.

CLERK: HB 682 by Brown. Relating to leasing advertising space on state agency internet websites.

THE SPEAKER: The Chair recognizes Representative Brown.

REPRESENTATIVE FRED BROWN: Move passage.

THE SPEAKER: The question occurs on passage to third reading of House Bill 682. Is there any objection? Chair hears none. So ordered. The Chair recognizes Chairman Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. I'd move to add all members' names to House Resolutions 890 and 927 that were previously adopted.

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

REPRESENTATIVE PETE GALLEGO: Thank you. Members, the reminder to the members of the Committee on Criminal Jurisprudence will meet at my desk, here, on first adjournment.

THE SPEAKER: Members, are there any further announcements? If not, Representative -- Following announcements. The clerk will read the announcements.

CLERK: The Committee on Elections will meet on first adjournment today on April 7th, 2011, at Desk 81 on this House floor. This will be a formal meeting to consider pending business.

THE SPEAKER: Are there any further announcements? If not, Representative Harper-Brown moves that the House stands adjourned until 2:45 p.m. today.

(The House stands adjourned.)

THE SPEAKER: The House will come to order. Members, please register. Show Representative Alvarado as present, Representative Keffer is also here. Have all members registered? Have all members registered? A quorum is present. Members we're going to recognize Representative Hunter on a matter of calendar rule for the eminent domain bill. The Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Madam Speaker and members, yesterday we passed at your desk the calendar rule. On Wednesday we will take up emergency item eminent domain. And so we are requesting a calendar rule. So I'm making a motion pursuant to House Rule 3, Section 52 and House Rule 6, Section 16-F that the following rule govern for consideration of substitute CSSB 18. All original amendments to CSSB 18 that be that will offered during the second reading for consideration must be filed with the Chief Clerk not later than 10:00 a.m. Tuesday, April 12th. So you would have to turn them in Tuesday. We are going to be giving you today, tomorrow, Saturday, Sunday and Monday until Tuesday at 10:00 a.m. And then we will be taking the matter off on Wednesday. Madam Speaker and members, I make this motion.

THE SPEAKER: Members, you've heard the motion. Is there objection? We need a record vote. The clerk will ring the bell. The question is on the adoption of the calendar rules for the eminent domain bill. That's Senate Bill 18. Have all members voted? Have all members voted? There being a 144 ayes, no nays, two present not voting; the calendar rule is adopted. Representative Thompson has asked a unanimous consent for those members granted leave of absence on the previous legislative day to be excused on this legislative day. Is there any objection? Chair hears none. So moved. Representative Thompson moves to suspend all necessary rules to consider the local and consent calendar bills on third reading. Is there objection? Chair hears none. So ordered. Representative Thompson asks unanimous consent to use the vote on the first record vote for all bills that require recorded -- record votes with you understanding that a member may record a vote on any bill with the Journal Clerk. Is there objection? The Chair hears none. So ordered. The Chair lays out Senate Bill 24. The clerk will read the bill.

CLERK: SB 24 by Van de Putte. Relating to the prosecution, punishment, and certain criminal and civil consequences of offenses involving or related to the trafficking of persons and to certain protections for victims of those offenses.

THE SPEAKER: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, this is a bill that we passed earlier that deals with human trafficking and the definition and expansion of the punishment area. I move passage.

THE SPEAKER: The question occurs on final passage of Senate Bill 24. Is there objection? It's a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being a 144 ayes, no nays, one present not voting; Senate Bill 24 is finally passed. The Chair lays out the following bills on third reading and final passage to be passed by the record vote just reported on Senate Bill 24. The clerk will read the bill.

CLERK: HB 42 By Menendez, relating to the duty imposed on the operator of a motor vehicle that strikes a structure adjacent to a highway. HB 118 By McClendon, relating to requiring the provision of notice by certain hospitals regarding patients' medical records. HB 191 By Walle, relating to the regulation of automobile wrecking and salvage yards in certain counties. HB 205 By Pickett, relating to the imposition by certain municipalities and municipal transit departments of the local sales and use tax in certain federal military installations. HB 266 By Hilderbran, relating to the use of address-matching software by certain state agencies. HB 282 By Flynn, relating to an analysis by the adjutant general of facility needs of state military forces before grants or conveyances of real property. HB 289 By Jackson, Jim, relating to activity that constitutes maintaining a common nuisance. HB 308 By Menendez, relating to life preserving devices on recreational vessels. HB 328 By Guillen, relating to information provided to a person applying for a state tax permit or license. HB 399 By Castro, relating to requiring general academic teaching institutions to offer personal financial literacy training. HB 412 By Aycock, relating to the requirement that certain impaired veterinarians participate in a peer assistance program. HB 413 By Aycock, relating to the confidentiality of certain information held by a veterinarian. HB 414 By Aycock, relating to the conducting of licensing examinations by the State Board of Veterinary Medical Examiners. HB 441 By Guillen, relating to the fees for certain commercial vehicles. HB 460 By White, relating to the board of directors of the Trinity Memorial Hospital District. HB 468 By Burnam, relating to the designation of a portion of Interstate Highway 35W as the Cesar Chavez Memorial Freeway. HB 479 By Orr, relating to the location of board meetings of certain economic development corporations. HB 500 By Eissler, relating to state-adopted assessment instruments administered to public school students. HB 530 By Shelton, relating to the definition of local law enforcement authority for purposes of the sex offender registration program. HB 534 By Phillips, relating to the powers and duties of the Gunter Municipal Utility Districts Nos. 1 and 2. HB 555 By Howard, relating to reportable boating accidents and the penalties for certain boating accidents. HB 650 By Castro, relating to property held by certain junior colleges and presumed abandoned. HB 679 By Button, relating to change order approval requirements for certain political subdivisions of the state. HB 682 By Brown, relating to leasing advertising space on state agency Internet websites. HB 709 By Fletcher, relating to the creation of the Harris County Municipal Utility District No. 524; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 734 By Patrick, relating to the jurisdiction of constitutional county courts over truancy cases and the appointment of magistrates to hear truancy cases in certain counties. HB 811 By Darby, relating to the powers and duties of the Scurry County Hospital District. HB 840 By Gonzalez, relating to the authority of the El Paso County Hospital District to appoint, contract for, or employ physicians, dentists, and other health care providers. HB 841 By Gonzalez, Naomi, relating to certain statutory references to the Department of Family and Protective Services. HB 871 By Davis, Yvonne, relating to indigent health care services that may be provided by a county. HB 886 By Smith, Wayne, relating to the creation of the Harris County Municipal Utility District No. 528; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 943 By Dukes, relating to reporting requirements concerning missing persons, including missing children in the managing conservatorship of the Department of Family and Protective Services. HB 965 By Callegari, relating to continuing education requirements for persons holding licenses issued by the Texas Commission on Environmental Quality. HB 994 By Castro, relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County. HB 1010 By Bonnen, relating to enforcement of commercial motor vehicle safety standards in certain municipalities. HB 1028 By Phillips, relating to certain contact between a criminal defendant and the victim of the offense of which the defendant is convicted or a member of the victim's family. HB 1032 By Smithee, relating to a rescission period for annuity contracts. HB 1060 By Kleinschmidt, relating to the de-annexation of land in Bastrop County by the Barton Springs-Edwards Aquifer Conservation District. HB 1091 By Davis, John, relating to the authority of certain hospital districts to contract for the performance of administrative functions and services. HB 1116 By Harper-Brown, relating to prohibiting the sale and use of certain radar interference devices; creating an offense. HB 1173 By Riddle, relating to the release on bond of certain persons arrested for a misdemeanor without a warrant in certain counties. HB 1201 By Kolkhorst, relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor. HB 1245 By Callegari, relating to the repeal of the authorization to establish a super collider facility research authority. HB 1247 By Callegari, relating to the repeal of certain prohibitions on purchases of paper supplies and cabinets by state agencies. HB 1293 By Price, relating to the Moore County Hospital District. HB 1305 By Bonnen, relating to the issuance of oversize or overweight vehicle permits by certain port authorities. HB 1334 By Allen, relating to the effect of a delay by the State Board for Educator Certification in renewing an educator's certification. HB 1341 By Walle, relating to the manner of payment of tuition and mandatory fees at public institutions of higher education. HB 1343 By Carter, relating to proper venue for certain criminal prosecutions of mortgage fraud. HB 1344 By Burkett, relating to certain defenses to prosecution for the offense of sale, distribution, or display of harmful material to a minor. HB 1376 By Bohac, relating to the definition of a junked vehicle for purposes of abatement of a public nuisance. HB 1417 By Chisum, relating to the Swisher Memorial Hospital District. HB 1473 By Scott, relating to creating the offense of altering a disabled parking placard. HB 1495 By Munoz, Jr., relating to the application of the Information Resources Management Act to public junior colleges and public junior college districts. HB 1496 By Gallego, relating to the contracting authority of the Val Verde County Hospital District. HB 1499 By Larson, relating to the designation of the Scenic Loop Road--Boerne Stage Road--Toutant Beauregard Road Historic Corridor. HB 1504 By Munoz, Jr., relating to statutory references to the common electronic infrastructure project formerly known as TexasOnline. HB 1524 By Phillips, relating to the creation of the Case Creek Municipal Utility District No. 1 of Grayson County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1555 By Thompson, relating to the first day of instruction in certain school districts that provide additional days of instruction financed with local funds. HB 1560 By Scott, relating to the authority of counties to nominate projects in the extraterritorial jurisdictions of certain municipalities for designation as enterprise projects. HB 1567 By Coleman, relating to the authority of certain counties to appoint, contract for, or employ physicians, dentists, or other health care providers for county jails. HB 1570 By Murphy, relating to training for deputy voter registrars. HB 1573 By Gallego, relating to certain pretrial and post-trial procedures in a criminal case. HB 1638 By Aliseda, relating to the disqualification of a district or county attorney who is the subject of a criminal investigation. HB 1753 By Gallego, relating to the threshold amount at which public utilities are required to report a transaction. HB 1756 By Rodriguez, Eddie, relating to the creation of the Pilot Knob Municipal Utility District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1757 By Rodriguez, Eddie, relating to the creation of the Pilot Knob Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1758 By Rodriguez, Eddie, relating to the creation of the Pilot Knob Municipal Utility District No. 3; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 1770 By Madden, relating to the payment of temporary housing costs for certain inmates released or eligible for release on parole or to mandatory supervision. HB 1779 By Naishtat, relating to an exemption from private security regulation for social workers engaged in the practice of social work. HB 1781 By Price, relating to obsolete or redundant reporting requirements applicable to state agencies. HB 1804 By Hancock, relating to certificates of insurance required for certain plumbing contractors. HB 1869 By Giddings, relating to local governments that may consider a bidder's principal place of business when awarding a contract. HB 1885 By Hardcastle, relating to the authority of the board of directors of the Knox County Hospital District to employ physicians and other health care providers. HB 1889 By Burkett, relating to the creation of municipal courts of record in the city of Mesquite. HB 1891 By Davis, Sarah, relating to the execution of a search warrant for data or information contained in or on certain devices. HB 1904 By Sheffield, relating to the deadlines for write-in candidates for the office of county or precinct chair of a political party. HB 1932 By Schwertner, relating to the powers and duties of the Williamson-Liberty Hill Municipal Utility District. HB 1952 By Kuempel, relating to alcoholic beverage seller-servers and to seller training programs. HB 1956 By Thompson, relating to appeal of an order of the Texas Alcoholic Beverage Commission or the commission's administrator refusing, canceling, or suspending a license or permit. HB 1967 By Chisum, relating to the contracting authority of the Collingsworth County Hospital District. HB 1981 By Smith, Wayne, relating to measuring, monitoring, and reporting emissions. HB 2007 By Shelton, relating to payment by the Benbrook Water Authority for certain damages caused by the authority's operation of a sanitary sewer system. HB 2012 By Thompson, relating to certain prohibited dealings between a wholesaler and retailer of alcoholic beverages. HB 2014 By Thompson, relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses and to the prevention, prosecution, and punishment of those offenses. HB 2035 By Hamilton, relating to the temporary relocation of an alcoholic beverage distributor's or wholesaler's premises during a period of emergency and delivery of alcoholic beverages to a distributor's or wholesaler's premises. HB 2207 By Oliveira, relating to the authority of the board of trustees to set rates for certain municipal utility systems. HB 2258 By Deshotel, relating to the use and transferability of certain state property transferred from the state to Spindletop MHMR Services. HB 2351 By McClendon, relating to the authority of the Bexar County Hospital District to employ physicians. HB 2360 By Schwertner, relating to the creation of the Corn Hill Regional Water Authority; providing authority to issue bonds. HB 2376 By Hamilton, relating to the regulation of plumbing. HB 2418 By Callegari, relating to the territory, board of directors, and powers of the North Harris County Regional Water Authority. HB 2503 By Thompson, relating to insurance agent licenses issued to certain foreign corporations and partnerships. HB 2521 By Sheffield, relating to the creation of the Bell County Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 2609 By Guillen, relating to employment at or by certain facilities serving the elderly or persons with disabilities. HB 2631 By Branch, relating to the advanced research program. HB 2633 By Madden, relating to the office of inspector general of the Texas Youth Commission. HB 2690 By Deshotel, relating to authorizing local governments to convey real property interests to other local governments for less than fair market value. HB 2785 By Davis, John, relating to the creation of the Select Committee on Economic Development. HB 2909 By Branch, relating to increasing awareness in this state of the importance of higher education. HB 840 by Gonzalez of El Paso, relating to the authority of the El Paso County Hospital District to appoint, contract for or employ physicians, dentists or other healthcare providers. HB 682 by Brown, relating to leasing an advertising space on state agency internet websites.

THE SPEAKER: The Chair declares those bills that were just read by the clerk to be finally passed by the record vote recorded on Senate Bill 24; with the understanding that member may record a vote with the Journal Clerk. Is there any objection? The Chair hears none. So ordered. The following bills on first -- No? That's it. Members, we're about to go on regular calendar. Members, we are on a regular calendar. The Chair lays out Senate Bill 351 for third reading. Chair recognizes the clerk to read the bill. Representative Deshotel.

CLERK: SB 351 one by Williams, relating to the maximum capacity of container of wine sold to a retail dealer.

THE SPEAKER: Chair recognizes Chairman Phillips to explain the bill.

REPRESENTATIVE LARRY PHILLIPS: Thank you. This bill is regarding the maximum capacity of wine.

THE SPEAKER: Thank you. Start reading the final passage. The clerk will please ring the bell. Have all voted? Have all voted? There being 144 ayes and no nays and 1 presently not voting, the bill is finally passed. Chair lays out House Bill 6 on third reading. The clerk will read the bill.

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

THE SPEAKER: Chair recognizes Representative Eissler to explain House Bill 6.

REPRESENTATIVE ROB EISSLER: Thank you Mr. Speaker and members, this bill we passed yesterday and I move passage, unless I shall yield?

UNIDENTIFIED WOMAN SPEAKER: Mr. Speaker, would the gentleman yield?

THE SPEAKER: Representative Eissler, would you yield?

REPRESENTATIVE ROB EISSLER: Yes, I'd love to.

THE SPEAKER: -- for some questions. Gentleman yields.

REPRESENTATIVE LOIS KOLKHORST: For clarification, Mr. Chairman, we had some amendments yesterday. It keeps the State Board of Education involved with instructional materials and the different things we're doing with the technology, and we clarified that in the amendment, correct, yesterday?

REPRESENTATIVE ROB EISSLER: Yes, we did.

REPRESENTATIVE LOIS KOLKHORST: Thank you.

THE SPEAKER: Members, the question occurs on the final passage of House Bill 6. This is a record vote. The clerk will ring the bell. Have all voted? There being 144 ayes, 0 nays and 1 presently not voting; House Bill 6 is finally passed. The Chair lays out the third reading and final passage on House Bill 500. The clerk will please read the bill.

CLERK: HB 500 by Eissler, relating to the state adopted assessment instruments administered to public school students.

THE SPEAKER: Chair recognizes Mr. Eissler to explain the bill.

REPRESENTATIVE ROB EISSLER: Thank you, Mr. Speaker and members, this is the bill we passed yesterday. I move passage.

THE SPEAKER: Question occurs on the final passage on House Bill 500. The clerk will please ring the bell. This is a record vote. Have all voted? Have all voted? There being a 138 ayes, 5 nays, 1 presently not voting; House Bill 500 is finally passed. Excuse Representative Mallory Callaway because of important business in the district, on a motion by Representative Gonzalez of El Paso. Chair lays out House Bill 1201 on third reading and final passage. The clerk will read the bill.

CLERK: HB 1201 by Kolkhorst, relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.

THE SPEAKER: Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. This is the repealing of the Trans-Texas Corridor. I want to clarify one thing, there is some media reports that say that we have now increased the speed limit on highways to 85 miles per hour, with this -- what Mr. Phillips did yesterday -- it's not true at all. This is something that has been in code, it allows highways, if designed and approved by the commission, to consider 85 miles an hour and also have truck lanes, something that's been in code since 2003; that was just a clarifying amendment. And, yes, I do yield to Mr. Phillips.

THE SPEAKER: Go ahead.

REPRESENTATIVE LARRY PHILLIPS: I just wanted to make (inaudible) and also that this deals with projects completed after we leave; is that correct?

REPRESENTATIVE LOIS KOLKHORST: Correct. So highways out there today could not have their speed limits raised to 85 miles an hour.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker.

THE SPEAKER: For what purpose, Mr. Branch?

REPRESENTATIVE DAN BRANCH: Can I ask the gentle-lady a question?

REPRESENTATIVE LOIS KOLKHORST: Yes.

THE SPEAKER: The lady yields for questions.

REPRESENTATIVE DAN BRANCH: Representative Kolkhorst, thank you for mentioning this, because I, as you probably are aware that a lot of us are getting these phone calls from constituents saying you guys, did you all change it up, the speed limit to 85 miles per hour?

REPRESENTATIVE LOIS KOLKHORST: No, Chairman Branch. We have had this since 3588 when you were a freshman, when the Trans-Texas Corridor was created in an (inaudible). This is a part of the Trans-Texas corridor as an option. We decided not to strike that part of the language, it went through the committee yesterday. Mr. Phillips' amendment clarified that you couldn't do it on existing highways, only highways that are built on or after when leave the legislature on June the 1st. And, again, this is with commission approval and that this is just an option for the future. But certainly they would go through a lot of design projects. You are not going to make Highway I-10 or I-35 and 85 mile an hour traffic highway.

REPRESENTATIVE DAN BRANCH: Thank you.

REPRESENTATIVE LOIS KOLKHORST: Thank you.

THE SPEAKER: Is there anyone wishing to speck for or against House Bill 1201? Question occurs on the passage of House Bill 1201. The clerk will please ring the bell. Have all voted? Show Representative Weber voting aye. Have all voted? There being a 141 ayes, 0 nays and 1 presently not voting; house Bill 1201 is finally passed. Chair lays out House Bill 11 on second reading. The clerk will please read the bill.

CLERK: HB 11 by Cook, relating to reports filed with the comptroller regarding certain alcoholic beverage sales; providing penalty.

THE SPEAKER: Members, we are now on second reading on the calendar. Chair recognizes Representative Cook to explain House Bill 11.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker and members. In the 2007 session we passed House Bill 11 which is the reporting bill which requires the wholesale beer and wine to report monthly the sales to their retail, it was passed here unanimously. This brought in almost a quarter billion dollars in additional sales tax. All this bill is doing is adding the sale of spirits and collecting the sale information of local distributors and restaurants and bars.

THE SPEAKER: Is there anyone working to speak for or against House Bill 11? Seeing no one. The question occurs on the passage to engrossment of House Bill 11. All those in favor say aye. Those opposed say nay. Okay. The ayes have it. House Bill 11 is passed to engrossment. Chair lays out House Bill 27 on second reading. The clerk will please read the bill.

CLERK: HB 27 by Guillen, relating to the payment of fines and costs by indigent defendants in misdemeanor cases.

THE SPEAKER: Chair recognizes Representative Guillen. Is Representative Guillen on the floor of the House? Representative Kolkhorst moves to postpone House Bill 27 until the end of this calendar. Members, we are now on the second reading of today's calendar. Please pay attention so that you all are prepared when your bill becomes available. Chair lays out House Bill 125 on second reading. The clerk will please read the bill.

CLERK: HB 125 by Legler, regarding the inclusion of a drop impact analysis for the rules proposed to the Texas Commissioner on Environmental Quality.

THE SPEAKER: Chair recognizes Representative Legler to explain the bill.

REPRESENTATIVE KEN LEGLER: Yes members, Mr. Speaker, I'm here today on House Bill 125. Like fiscal transparency, this is a regulatory transparency. Merely requires the disclosure of anticipated costs and environmental effect of proposed regulation. It abbreviates and strengthen required regulatory analysis of TCQ environmental rules.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

THE SPEAKER: For what purpose, Mr. Bernam?

REPRESENTATIVE LON BURNAM: Would the gentleman yield?

THE SPEAKER: Let him finish --

REPRESENTATIVE KEN LEGLER: Let me finish. Okay. Requires analysis to all environmental rules proposed by TCQ. It's limited to rules defined as major under existing law and says that it's an original enactment of 1997, TCQ has conducted only one impact analysis required by current law. Makes regulatory analysis that waives costs and environmental effects a required component of fiscal note under government code 2001.0224. It streamlines the minimally required effects that require an analysis to three concrete steps. Number one, identification of a problem the rules (inaudible). Number two, identifies the start of the environmental affect that TCQ expects will result in the implementation of and compliance with the rule. Number three, identifying the project's economic impact on regulated entities, consumers, and state and local government resulting from implementation of and compliance with the rule. Requires a separate analysis of impact for small businesses, which is defined as not more than two hundred and fifty individuals. It clarifies the anticipated environmental effects must include, a reasonable and quantifiable estimate projected numeric projections of pollutants affecting air, water and soil, and reduction in associated health and ecological risks and replaces the

(inaudible).

UNIDENTIFIED MALE SPEAKER: Mr. Speaker, would the gentleman yield now?

THE SPEAKER: Would the gentleman yield for questions?

REPRESENTATIVE KEN LEGLER: I yield for questions.

THE SPEAKER: Gentleman yields for questions.

REPRESENTATIVE LON BURNAM: Thank you, Mr. Legler. We serve on an environmental committee together?

REPRESENTATIVE KEN LEGLER: Correct.

REPRESENTATIVE LON BURNAM: And we sit right next to each other and we have a lot of fun with jokes and inappropriate sidebar conversations?

REPRESENTATIVE KEN LEGLER: Correct.

REPRESENTATIVE LON BURNAM: But I voted against your bill, didn't I?

REPRESENTATIVE KEN LEGLER: Yes.

REPRESENTATIVE LON BURNAM: And you know the many reasons why I voted against your bill?

REPRESENTATIVE KEN LEGLER: I don't know why. Why?

REPRESENTATIVE LON BURNAM: Well, one is that's a point of order. You don't know. No, the fact of the matter is it is very unclear right now whether you are explaining the House Bill or the Committee Substitute. Which were you laying out before the House floor right now?

REPRESENTATIVE KEN LEGLER: The Committee Substitute was adopted, though. I believe, since it was adopted, I'm explaining the House Bill.

REPRESENTATIVE LON BURNAM: Okay. Are you aware that House Bill 125, as introduced, was narrowly limited to the requirement of a draft impact analysis that described the anticipated effects of the proposed rule being included in the notice of rule proposed for option?

REPRESENTATIVE KEN LEGLER: Well, the Committee Bill was adopted on that, on the committee.

REPRESENTATIVE LON BURNAM: Right. That's exactly the case. I just described how House Bill 125 was originally filed. However, are you aware that the Committee Substitute has broadened the bill outside the original subject, by changing the bill from an inclusion and a draft analysis to imposing additional requirements for the adoption of certain environmental rules? Further, the Committee Substitute outlines the method for challenging the validity of the rule of the rule is not adopted with quote, "strict compliance", end quote.

REPRESENTATIVE KEN LEGLER: Point of order. Please do so.

REPRESENTATIVE LON BURNAM: I'm just asking if you understand what was going on, the difference between the two bills. And, in fact, under the long standing precedencies the amendments, even on the same subject as the original bill are not germane, because impermissibly broaden the bill. Now that's the question. What's the answer?

REPRESENTATIVE KEN LEGLER: I don't -- I don't think you are right.

REPRESENTATIVE LON BURNAM: Well, I think I am. So I call the point of order for further consideration of the Committee Substitute House Bill 125.

THE SPEAKER: Representative, please bring your point down front.

REPRESENTATIVE LON BURNAM: Thank you.

THE SPEAKER: Members, the point of order has respectfully been withdrawn and House Bill 125 has been postponed until the end of today's calendar. Chair lays out House Bill 175 on second reading. The clerk will please read the bill.

CLERK: HB 175 by Jackson, relating to the on-premises of consumption of certain alcoholic beverages; providing a penalty.

THE SPEAKER: Chair recognizes Representative Jackson to explain the bill.

REPRESENTATIVE JIM JACKSON: Mr. Speaker, Substitute House Bill 175 creates a license for operations of a (inaudible) establishment with the same requirements and enforcements as other clubs and bars. I believe there's an amendment.

THE SPEAKER: Amendment by Hochberg. The clerk will read the amendment.

CLERK: Amendment by Hochberg.

THE SPEAKER: Chair recognizes Mr. Hochberg to explain his amendment.

REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker and members, this bill just makes it absolutely clear that minors cannot be served alcohol at these locations without liability on the part of the operator. It's acceptable to the author and I move adoption.

THE SPEAKER: Mr. Hochberg offers up an amendment that is acceptable to the author. Is there any objection? Chair hears none so the amendment is adopted.

THE SPEAKER: Chair recognizes Representative Jackson to close on the bill.

REPRESENTATIVE JIM JACKSON: Move passage.

THE SPEAKER: Question occurs -- Is there anyone else who wishes to speak for or against House Bill 175? Question occurs on the passage of House Bill 175. All those in favor say aye. All those opposed say nay. The ayes have it. House Bill 175 is passed to engrossment. Chair lays out House Bill 18 on second reading. The clerk will read the Bill.

CLERK: HB 218 by Gallego, relating to possessing a glass container within the boundaries of certain riverbeds providing criminal penalties.

THE SPEAKER: Chair recognizes Representative Gallego to explain the bill.

REPRESENTATIVE PETE GALLEGO: Thank you Mr. Speaker. Members, this essentially treats the state owned riverbeds the way that we do beaches, so there's no glass containers allowed. And I would just move passage.

THE SPEAKER: Question occurs on the passage of House Bill 218 to third reading. Is there -- All those who are in favor say aye, all those opposed say nay. The ayes have it House Bill 218 is passed to third reading. Chair lays out House Bill 234 on second reading. The clerk will read the bill.

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

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

REPRESENTATIVE JOHN OTTO: Thank you, Mr. Speaker and members, I moved to postpone consideration of House Bill 234 until time certain being next Thursday, April the 14th, at 10:00 a.m.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 243 on second reading. Clerk will please read the bill.

CLERK: HB 243 by Craddick, relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle.

THE SPEAKER: Chair recognizes Representative Craddick to explain House Bill 243.

REPRESENTATIVE TOM CRADDICK: Mr. Speaker and members, this is the texting bill where you can't text while --

UNIDENTIFIED MALE SPEAKER: Mr. Speaker, would the gentleman yield?

THE SPEAKER: Would the gentleman -- Well, I think he wants to lay out his bill first.

UNIDENTIFIED MALE SPEAKER: I know. But I just got a real quick question.

REPRESENTATIVE TOM CRADDICK: Well, I'm going to answer before you can -- No, I don't text and I'm the only one on this floor that doesn't text while driving.

UNIDENTIFIED MALE SPEAKER: You can't stand still. That's what I wanted to know.

THE SPEAKER: Go ahead, Mr. Craddick. Apologize for the interruption.

REPRESENTATIVE TOM CRADDICK: This is my group, since I fainted from when I did the (inaudible). I need all the help that I can get up here. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Mr. Speaker?

THE SPEAKER: Mr. Dutton?

REPRESENTATIVE TOM CRADDICK: Where did you get that tie? REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ar e those the new freshmen down there?

REPRESENTATIVE TOM CRADDICK: It is. All my class died, Mr. Dutton. This is the ones that are here. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th at's a recycle question. Well, now, what I want to know about this bill, Mr. Craddick, is this is kind of a big government bill, isn't it?

REPRESENTATIVE TOM CRADDICK: I don't know, Mr. Dutton. If you think so. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th is is kind of a government --

REPRESENTATIVE TOM CRADDICK: I amended that real big, heavy. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Yo u did what?

REPRESENTATIVE TOM CRADDICK: I amended big government. Go ahead. REPRESENTATIVE HAROLD V. DUTTON, JR.,: I know, we both stayed here for so long (inaudible) size of it. But tell me how this bill works.

REPRESENTATIVE TOM CRADDICK: Mr. Dutton, you are going to get a lot of harassment when you get a bill up here. I'm making a list called a harassment list. Go ahead. REPRESENTATIVE HAROLD V. DUTTON, JR.,: I know, I know. It's a -- I had to stay here as long as I did so I would know who you were, Mr. Craddick. But, practically, how is this supposed to work if the police officer -- does he have to see you texting or how does it work?

REPRESENTATIVE TOM CRADDICK: Well, first of all, if you let me go through this amendment, we had a lot of testimony in committee that talked about the majority of the people -- the police officers are coming out for really stopping you for another reason. But they can do it for texting. And I think we got a lot of problems across the country. As soon as I lay out my bill, I'll answer it. Do you mind if I lay out my few comments first? REPRESENTATIVE HAROLD V. DUTTON, JR.,: Wh y don't you go ahead and lay out and we will --

REPRESENTATIVE TOM CRADDICK: All right. Members, first, first of all, let me thank the joint authors, Martinez Fischer, Byron Cook, Menendez, Fred Brown, Eddie Lucio all had bills discussing the same thing. We all had to combine it into one bill to unite the passage, so I think all of them are going to speak here in a minute. Thirty states now have this and Guam and the District of Columbia. Ten states have passed this in the year of 2010. If you look at a drunk driver, versus someone texting, the chances of someone having an accident that's texting is twenty times that of a drunk driver. Actually, two years ago we passed an amendment that said that you couldn't text or use a cell phone in a school district and I voted against it. I said well, there's no way to enforce it, this is ridiculous. And that's a real mistake on my part. If you talk to the people that -- the officers that testified on the committee they are saying that we've had a huge shutting down of the folks that are driving in school districts in communities sign posted and publicity out there. I think this is another thing that needs to be looked at. I've had a lot of people said to me, you don't think -- you are taking away my rights? Driving is not a right. Driving is a responsibility and it's a privilege in this country. You got -- You have to have a driver's license you have to have insurance, you have to have a sticker to drive. So I think that's right. City and counties are already doing this. San Antonio's passed a bill that prohibits the texting. El Paso passed it, Austin has it. Georgetown passed it, I think, Monday night at their meeting. This bill is a misdemeanor for one dollar to two hundred dollar fine. How do you enforce that? I think you asked that, Harold, a minute ago. There are several ways, as I mentioned. Most, if you look at it, most officers will stop you for another reason. How do you enforce on the cell phone that is in the school district? Yet they are saying that use is drastically down, because people are becoming aware of it. How many times a week or a month do you have someone that you are talking to say wait a minute, I got to put the phone down because I'm in a school zone. Happens a lot. Well I got to -- got to call you back. The key to this is a lot of people are getting killed in this country and in this state because of texting. Darby told me that there was a lady who hit a school bus in his district last night, and that she was killed and some students were thrown out of the bus. When we was talking this morning and he said he was going to visit his mother a couple weeks ago, I think in Longview I think is right, and he said that there was a lady in the car that he passed, she was on the phone with one cell phone, texting with the other cell phone and holding the wheel by one finger. People, you know, this is a risky situation that I think we need to look at. I think there are two things we are going to look at. TxDOT. TxDOT had a lot of -- some of you came, I think, last week. I think Byron came and some others came when TxDOT did their deal in front of the Capitol. And they come up with the talk, text, crash model across the state. AT&T has got a thing across the State, Texting and Driving, I Can Wait. That's a key to it. You have got to look at what the problems are, what it's causing and I think that this bill helps the situation. Mr. Speaker, I will yield to Mr. Dutton. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ye ah, Mr. Speaker, would the gentleman yield?

THE SPEAKER: The gentleman yields for questions. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th ank you. All right, thank you. Thank you for your explanation, Mr. Speaker. And I guess what I -- based on what I heard you say the police officers come up, but most people are going to stop texting why the time he walks up to the car.

REPRESENTATIVE TOM CRADDICK: I think that's right. REPRESENTATIVE HAROLD V. DUTTON, JR.,: I would assume they would. I don't think they would keep texting. And so I'm wondering, practically, how it works. Is he going to take your phone from you and use it as a evidence? Or --

REPRESENTATIVE TOM CRADDICK: Well, he can't do that, Mr. Dutton, because he's then violating the U.S. Constitution. The only way that they can do that is if you were in a wreck, they can take your phone to if see if you were texting. If you were in a wreck, they could check those, the messages. REPRESENTATIVE HAROLD V. DUTTON, JR.,: We ll, how does the state prove that you were texting?

REPRESENTATIVE TOM CRADDICK: Well, if you've driven -- Did you drive to work today? Did you look to the right to the left? I think it's pretty easy to tell people are texting. REPRESENTATIVE HAROLD V. DUTTON, JR.,: We ll, I mean, if you have it up -- I mean, if the bill passes, I attempt to put it down and text like I was doing just now, I am trying to text you, but your phone must be off. But I'm just wondering how -- I mean because typically, as you know, when you go to court the police officers say you were texting, you say you weren't. I'm just wondering what does -- How does the defendant prove they weren't but, more specifically, the defendant doesn't have to prove anything? How is the state going to prove that you were texting?

REPRESENTATIVE TOM CRADDICK: I think that's a tough situation, Mr. Dutton, how do you prove that you were or you weren't making a call in a school zone? REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ri ght. I have the same problem with that one, too, I will tell you.

REPRESENTATIVE TOM CRADDICK: Well, you shouldn't be doing that, Mr. Dutton. REPRESENTATIVE HAROLD V. DUTTON, JR.,: I understand, I agree. I shouldn't be doing that. But sometimes my staff, for example, they'll text me directions and I'm trying to follow the directions while I am driving and I wonder --

REPRESENTATIVE TOM CRADDICK: Did you -- By any chance, Mr. Dutton, when they have the simulator out here that TxDOT had, they asked all the members to go out there, did you go get in it? REPRESENTATIVE HAROLD V. DUTTON, JR.,: No , I didn't do that.

REPRESENTATIVE TOM CRADDICK: Well, there are a lot of members that didn't have one person, one person that could text. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Now , does this relate to sending a text or receiving a text?

REPRESENTATIVE TOM CRADDICK: Either. REPRESENTATIVE HAROLD V. DUTTON, JR.,: So rry?

REPRESENTATIVE TOM CRADDICK: Either. REPRESENTATIVE HAROLD V. DUTTON, JR.,: So if I'm reading a text on my phone, that would also be a violation. And if I was sending a text --

REPRESENTATIVE TOM CRADDICK: Manually. If you are sending it manually. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ma nually? Okay.

REPRESENTATIVE TOM CRADDICK: Well, with this new technology though, that you can do it by voice. And that will cover that. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ho w about if I'm operating a GPS system in my car?

REPRESENTATIVE TOM CRADDICK: This bill excludes that. REPRESENTATIVE HAROLD V. DUTTON, JR.,: It excludes those so -- Because most of those are designed to -- They don't work while the car is moving.

REPRESENTATIVE TOM CRADDICK: Right. And if you come to a stop sign or a stop light and you are stopped you can text, under this bill. REPRESENTATIVE HAROLD V. DUTTON, JR.,: An d the fine is -- The other part I didn't understand in the bill, there's no standard fine --

REPRESENTATIVE TOM CRADDICK: We left it up to the individual community, between one dollar and two hundred. It's a misdemeanor, just like we did the same thing in the school district. REPRESENTATIVE HAROLD V. DUTTON, JR.,: It 's a Class-C misdemeanor?

REPRESENTATIVE TOM CRADDICK: That's correct. REPRESENTATIVE HAROLD V. DUTTON, JR.,: An d multiple violations still result in a Class-C misdemeanor? I don't know. I can't establish --

REPRESENTATIVE TOM CRADDICK: Well, yeah obviously, if you -- REPRESENTATIVE HAROLD V. DUTTON, JR.,: Al l right. Well, I'm going to text in my no-vote on this bill.

REPRESENTATIVE TOM CRADDICK: Okay. Thank you.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker.

THE SPEAKER: For what purpose, Mr. Simpson?

REPRESENTATIVE DAVID SIMPSON: I would like to ask a question, please.

THE SPEAKER: Does the gentleman yield for questions?

REPRESENTATIVE TOM CRADDICK: I yield.

THE SPEAKER: Gentleman yields for questions.

REPRESENTATIVE DAVID SIMPSON: Representat ive Craddick, is this activity which you are seeking to prohibit already covered under any other statute in --

REPRESENTATIVE TOM CRADDICK: Yes and no. If there's a reckless driving provision that's on the book -- I'm going to read it to you, Mr. Simpson. You tell me if you think you can be prosecuted for texting. What it says is that the driver must be acting with willful or wanton disregard for the safety of persons or property. I think you got a hard time proving that. And I think when you puts this in to effect it helps.

REPRESENTATIVE DAVID SIMPSON: I think wanton disregard, wouldn't that cover this?

REPRESENTATIVE TOM CRADDICK: Mr. Simpson.

REPRESENTATIVE DAVID SIMPSON: I'm sorry, I can't hear.

REPRESENTATIVE TOM CRADDICK: I think it would be hard to prove in court.

REPRESENTATIVE DAVID SIMPSON: What about the use of -- Let me just clarify something that Mr. Dutton just brought up. If you receive a text and you don't respond to it, you just look at it to receive some directions, "take Exit 45", is that a crime?

REPRESENTATIVE TOM CRADDICK: You are reading a text. You are texting back and forth.

REPRESENTATIVE DAVID SIMPSON: If you look up on the radio dial and you read what channel is there, is that a crime?

REPRESENTATIVE TOM CRADDICK: No, it's not, Mr. Simpson.

REPRESENTATIVE DAVID SIMPSON: What if you look in the backseat to see what your child is --

REPRESENTATIVE TOM CRADDICK: That's not part of it, Mr. Simpson.

REPRESENTATIVE DAVID SIMPSON: Okay. Okay. Why is this being singled out when there's a multitude of things that distract us from driving that are irresponsible? I hate to make people criminals for just reading a text.

REPRESENTATIVE TOM CRADDICK: Mr. Simpson, let me ask you, you and I have talked about this earlier. Do you think people ought to have to have driver's licenses?

REPRESENTATIVE DAVID SIMPSON: Maybe under some circumstances, certainly, I think there are good reasons.

REPRESENTATIVE TOM CRADDICK: Do you think that people are -- having inspection sticker on their cars?

REPRESENTATIVE DAVID SIMPSON: I wish I didn't have to.

REPRESENTATIVE TOM CRADDICK: All right. Do you think that -- How do you feel -- You and I talked about this. How do you feel about a drunk driver? Do you think we ought to have a law against drunk driving?

REPRESENTATIVE DAVID SIMPSON: I thought I was supposed to ask the questions. But I understand that -- We are not confident we know the rules yet. Go ahead, Mr. Speaker.

REPRESENTATIVE TOM CRADDICK: We get to ask and answer both ends. That's why we have two microphones.

REPRESENTATIVE DAVID SIMPSON: Okay.

REPRESENTATIVE TOM CRADDICK: But, any way, back to my question on the drunk driving, Mr. Simpson.

REPRESENTATIVE DAVID SIMPSON: Let me ask you a question. What is the primary role as civil magistrate --

REPRESENTATIVE TOM CRADDICK: I don't know. I can't answer that, Mr. Simpson.

REPRESENTATIVE DAVID SIMPSON: Would it have to do with punishing the wrongdoer?

REPRESENTATIVE TOM CRADDICK: I guess so, that's what you say.

REPRESENTATIVE DAVID SIMPSON: Well, I'm thinking of a biblical passage that speaks to that as one of the primary roles of civil government. I guess I'm concerned about limiting freedom and making people criminals for just simply reading an electronic message, when we read all sorts of things. Are we going to ban reading of a newspaper? Is it going to be illegal to receive directions when I Google a map when I'm traveling on the highway and I look down at my iPad?

REPRESENTATIVE TOM CRADDICK: Well, no. That's not the instance that's in the bill.

REPRESENTATIVE DAVID SIMPSON: Well, it's -- if I -- if it's -- How is it not in the bill if you can do something manually?

REPRESENTATIVE TOM CRADDICK: What are you doing manually?

REPRESENTATIVE DAVID SIMPSON: Well, if I'm reading some directions that have been sent to me on my iPad, and it has a map there, is that illegal?

REPRESENTATIVE TOM CRADDICK: No.

REPRESENTATIVE DAVID SIMPSON: So it's not illegal --

REPRESENTATIVE TOM CRADDICK: Are you holding that in your hand, Mr. Simpson?

REPRESENTATIVE DAVID SIMPSON: So it's only a hand-held device?

REPRESENTATIVE TOM CRADDICK: Are you holding it in your hand? I'm asking you.

REPRESENTATIVE DAVID SIMPSON: Sorry, I couldn't hear you.

REPRESENTATIVE TOM CRADDICK: Are you talking about -- Are you holding it, a hand-held device?

REPRESENTATIVE DAVID SIMPSON: Well, I put my iPad in my lap sometimes and look at it for directions, as if I'm going down the highway; like with a manual map.

REPRESENTATIVE TOM CRADDICK: All right. Let me read you the definition of text based communication in the bill. I'll sure you've read it, but let me reread it for you. Okay. It is -- It includes text message and instant message and an electronic message. Does that answer your question?

REPRESENTATIVE DAVID SIMPSON: Well, directions can be text messages.

REPRESENTATIVE TOM CRADDICK: Right.

REPRESENTATIVE DAVID SIMPSON: You can actually receive maps, as -- I believe even on iChat.

REPRESENTATIVE TOM CRADDICK: That's excluded, Mr. Simpson.

REPRESENTATIVE DAVID SIMPSON: So we are excluding it just because it's --

REPRESENTATIVE TOM CRADDICK: You are beyond texting with your hands, at this point, to taking your hands off the wheel. And you are not taking your eyes off the highway.

REPRESENTATIVE DAVID SIMPSON: But we take our eyes off the highway often to speak to our spouse, to talk to our children, to change the radio, to shift gears many times, look at the speedometer. And I'm all for responsible driving, I'm all for punishing people who hurt people because it is --

THE SPEAKER: Members, raise the point of order that the gentleman's time is expired. The point of order is well taken and sustained.

REPRESENTATIVE DAVID SIMPSON: Thank you, Mr. Speaker. Mr. Speaker, thank you. Chair recognizes --

UNIDENTIFIED MALE SPEAKER: Mr. Speaker.

THE SPEAKER: Yes, sir?

UNIDENTIFIED MALE SPEAKER: Motion to extend time.

THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears a little bit.

UNIDENTIFIED MALE SPEAKER: Please.

THE SPEAKER: Time is extended. Mr. Craddick, you've been honored with more time.

REPRESENTATIVE TOM CRADDICK: Mr. Martinez , this House wants us to speak and we've got a few -- so I'm going to turn the microphone over and if he can't answer, I'll come by. Okay?

UNIDENTIFIED SPEAKER: Absolutely. Mr. Speaker?

THE SPEAKER: Yes, sir.

UNIDENTIFIED SPEAKER: Would the gentleman yield?

THE SPEAKER: Gentleman yield for questions? He yields for questions.

UNIDENTIFIED MALE SPEAKER: Mr. Martinez Fischer, do you feel that this bill -- and I'll give you a little bit of background of my experience. In the last fifteen years in the transportation industry marketing on board computing and telecommunication devices, to the trucking industry; and I'm a little concerned that this may have an impact on their ability to do their jobs, to adequately do their daily activities as they are required. And I just want to make sure. There's a couple of things here, we have communication. Drivers are using turn by turn navigation, that is using communication devices such as GPS, satellite communication, cellular communication to update that information. Do you know if this is going to have any impact, or does this adequately deal with that situation?

REPRESENTATIVE MARTINEZ: As far as I know those are not implemented in the bill. But I want to direct you to -- If you have some time, the City of San Antonio is where I'm from, they have a text ban in place city wide, enforced by the San Antonio Police Department. And, as you know, the ordnance is very similar to the likely statute that just prohibits the activity and then gives law enforcement the ability to set up the training tools that they need to enforce the law. I just want to invite you, after we finish our debate, that if you just take a look at the San Antonio Police Department Training Bulletin, I know specifically with respect to GPSs, those are not what's enforced. In this -- You asked me the following questions: What about phones that have GPS? You know, I think that's a fair question. But I do believe that since the behavior that is offensive is the behavior. And I believe that when somebody is detained for a suspicion of -- a reasonable suspicion that illegal activity may be taking place, I think it's part of that interaction with the officer and the person detained to say I was making a phone call or this is my GPS system and I was plugging in an address. And, you know, that discretion, as you know, in a lots of places is ultimately what is decided by a trier of fact, whether it be a civil judge or a county court law judge.

UNIDENTIFIED MALE SPEAKER: Well, I just read the bill and I refreshed my memory -- Does it say anything about hand-held devices?

REPRESENTATIVE MARTINEZ: I believe it -- I don't have my bill packet, but I will look at the bill. And I'm looking at Representative Craddick's bill.

UNIDENTIFIED MALE SPEAKER: I know most of the devices in trucks are permanently signaled devices, that's why I was just curious about that.

REPRESENTATIVE MARTINEZ: And I believe, and I'm being told that -- There we go. I have it right here. Okay. Manual devices. I'm sorry. It's page 1, line 11. Communication devices referred to manually communicating with another person reading the medium, the text messages, IMs and emails.

UNIDENTIFIED MALE SPEAKER: I'm just concerned that we might have a negative impacts on business. I certainly support the context of what the bill is trying to do. But, again, I am just worried about the industry here in the state and I don't want the --

REPRESENTATIVE MARTINEZ: Now, I don't want to -- And I think that's completely fair. And I think that's a valid and legitimate concern. But I think the -- There's a larger public safety concern that we have persons on our public roadways. You know, people say, well what are you going to go after folks that are reading newspapers or putting on makeup, you know? As you know, there is an ordnance in lots of places and jurisdictions, inattentive driving. You know, but I would hate, as a lawmaker, to use that as a safety net to get people who are texting on their phone when we can make a specific behavior and we can enact that, and say this is the specific act that you are doing and we are going to prohibit -- punish you for that. Because, otherwise, we can just stand back and, you know, our constituents and our business groups out that, by making anything inattentive driving. Anything that they believe has taken your eyes or attention away from the road is a potential violation. And I don't think that's fair. I think we have a job and a duty to let the people know specifically what's prohibited and let them make that decision as to whether or not they want to take that gamble and risk of being pulled over on the side.

UNIDENTIFIED MALE SPEAKER: And you feel that this bill adequately does that?

REPRESENTATIVE MARTINEZ: I believe it does.

UNIDENTIFIED MALE SPEAKER: Thank you. Thanks for your time.

REPRESENTATIVE MARTINEZ: Thank you.

REPRESENTATIVE JOE DRIVER: Mr. Speaker?

THE SPEAKER: For what purpose, Mr. Driver?

REPRESENTATIVE JOE DRIVER: For a question or two, please. Any other authors?

THE SPEAKER: Would the gentleman yield? REPRESENTATIVE EDDIE LUCIO, III: I yield.

REPRESENTATIVE JOE DRIVER: I said any, but Tray referred to -- Tell me what he's taking about. If there's training for DPS, for the police, how do they train them to look at the difference between someone that is receiving a text or sending a text or just look at their phone to see who is calling?

REPRESENTATIVE MARTINEZ: You know, representative Driver, that's a very good question. You know, when the city implemented that text ban they made it very clear that they were going to issue warnings, like the first ninety days of implementation, because there's twofold, there's public education awareness to let folks know that this activity is now banned or illegal, and at the same time they were using that as a training exercise to develop these for these enforcement of the ordnance. And, like I said here, I have a training bulletin that was issued by Captain Patrick Munos of the San Antonio Police Department, and it's pretty specific as to what is the observed behavior. And I will admit to you that it's very subjective. They have to see it. But already in San Antonio, in the month of March of this year, they have already issued forty one citations and five warnings, you know, for this type of behavior.

REPRESENTATIVE JOE DRIVER: So the forty one citations -- I'm sorry for interrupting you but forty one citations, are those the people that are repeat defenders?

REPRESENTATIVE MARTINEZ: No, no. Those were -- Well, I don't know that, I just have the aggregate. But there's at least forty one instances where somebody was cited.

REPRESENTATIVE JOE DRIVER: So they could actually give a ticket to someone that's actually maybe wasn't texting, or maybe was just looking at their phone to see maybe -- either for directions or to see who was calling them or --

REPRESENTATIVE MARTINEZ: Well, if I take it to heart that the training bulletin is administered by the San Antonio Police Department is being followed, I think that it's very clearly -- it relates to hand-held mobile communication devices, text messaging and wireless telephone services. And I believe that the distinctions are how many times are you just typing into a phone or are you putting it up to your ear. And the issue of GPS, I believe that's -- that probably requires further examination with the law enforcement officer. And I can't say this as a matter of fact --

REPRESENTATIVE JOE DRIVER: Okay, before we run off time, I understand what you are saying, and I appreciate your explanation. Do you realize or do you know there is surveys from other states that implement this law that says that accidents actually went up the year after they implemented this rule, because people then began to hide what they were doing. So we're looking at the possibility, if we are following the other states implementing this law, of increasing the accident rate.

REPRESENTATIVE MARTINEZ: I've actually heard about that. But Representative Craddick is more passionate about the response than I am.

REPRESENTATIVE JOE DRIVER: Okay.

REPRESENTATIVE TOM CRADDICK: I saw that, too. And we asked the DPS and about it and they said that that's not correct. They said that one study showed that in one state, it's not showing in the other states. They said it's gone down. So I mean I got to go with their testimony.

REPRESENTATIVE JOE DRIVER: Well, one like that -- There's two or three different states that had it and they said that it went up first year slightly, and then after that -- Dennis is warming up the hammer to cut me off back there. So I just want to let you know that people know about that.

REPRESENTATIVE TOM CRADDICK: That's a difference of opinion, I think.

REPRESENTATIVE JOE DRIVER: Thank you.

THE SPEAKER: Representative Cook raises the point of order, the gentleman's time has finally expired. The point of order is well taken and sustained. Is there anyone wishing to speak for or against House Bill 243? Chair recognizes -- Oh, I apologize, members, someone decided to get an amendment.

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

CLERK: Amendment by Taylor.

THE SPEAKER: Chair recognizes Mr. Taylor to explain his amendment.

REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker and members, I respectfully offer this amendment. It's very simple. We've had a discussion Mr. Dutton brought about, just a looking down to your phone, who is calling you or directions or emails to you, I just want to strike the word on page 2, on line 11 strike the word read. So it would say an operator may not use a wireless communication device to write or send text based communications. I'm just striking the word read. REPRESENTATIVE EDDIE LUCIO, III: Mr. Speaker?

THE SPEAKER: Purpose, Mr. Lucio? REPRESENTATIVE EDDIE LUCIO, III: Would the gentleman yield?

REPRESENTATIVE TAYLOR: I yield.

THE SPEAKER: Gentleman yields for questions. REPRESENTATIVE EDDIE LUCIO, III: Represen tative, thank you so much. I understand your issue and trying to strike the word read. But if we are trying to solve a problem of making our roads safer, I think we all can agree at a minimum that we are here in order to address public safety, at a minimum. Regardless of all the other big government issues that we argue, public safety, basic public safety is of the most importance. And you've heard the statistics, as have I, on how text messaging while driving is twenty times worse than drinking while driving.

REPRESENTATIVE TAYLOR: And I think it's the act, the actual act of texting that -- REPRESENTATIVE EDDIE LUCIO, III: Actually.

REPRESENTATIVE TAYLOR: -- you are actually doing the typing versus what -- REPRESENTATIVE EDDIE LUCIO, III: And trust me, and I -- When I'm just looking down reading, I'm just as distracted. I'm not looking at you, as if I was actually entering something.

REPRESENTATIVE TAYLOR: Well, let me show you this. I look down like this and I'll read it real quick and maybe directions on where I need to turn, and I can do this just like I do to my speedometer -- REPRESENTATIVE EDDIE LUCIO, III: And it's a question of fact that we hope that the local jurisdiction, as they do with speeding, how can we prove, and many times if we don't have a speedometer, we don't -- it's a matter of trier of facts, of a police officer testifying that person was performing that act in a dangerous way. So, if you can agree -- and I don't think you are going to vote on the bill. But if you can agree that text messaging while driving is inherently dangerous, I think looking down and reading is --

REPRESENTATIVE TAYLOR: I think texting and driving is very dangerous. I've seen them all over the road. REPRESENTATIVE EDDIE LUCIO, III: Exactly.

REPRESENTATIVE TAYLOR: But I guarantee it that not the fact of the reading, it's actually typing up a message. And now with these non- Well, touchscreens, they have to actually look at it while they are typing. But you can read, just like I read the speedometer, just like I read something that pops up on the road, just like I read bumper stickers on other people's cars, I'm reading all the time while driving. I'm reading billboards as they go by. But I'm not typing a message. REPRESENTATIVE EDDIE LUCIO, III: Do you believe in wearing a seat belt?

REPRESENTATIVE TAYLOR: Absolutely. I wear my seat belt all the time. REPRESENTATIVE EDDIE LUCIO, III: Do you believe that those that wear seat belts -- because in the last session, I don't remember us being there, but we all voted that we unanimously everybody in the car needed to wear a seat belt.

REPRESENTATIVE TAYLOR: I have no question about these bills. REPRESENTATIVE EDDIE LUCIO, III: So if you were for wearing seat belts and the act of wearing a seat belt only protects yourself, if you don't wear a seat belt you are not wearing any other people's driving conditions dangerous, just yourself; why wouldn't you be for something that tend the public good that would keep you from being distracted and --

REPRESENTATIVE TAYLOR: -- young children right? REPRESENTATIVE EDDIE LUCIO, III: Yeah.

REPRESENTATIVE VAN TAYLOR: As you know how dangerous it is driving with young kids in the back seat of your car, they are distracting you and throwing things but we don't outlaw that. Right? REPRESENTATIVE EDDIE LUCIO, III: We don't. But the difference is, in my opinion, as you --

REPRESENTATIVE TAYLOR: -- and not reach back in the back seat to grab my kid's bottle or whatever they dropped, which I have seen people do. We also see people put on makeup in the car, I mean, distracted driving is distracted driving. REPRESENTATIVE EDDIE LUCIO, III: All those are different. But what we have here, we have proven the statistical evidence gathered by many jurisdictions that show this is a major problem. This is a public safety problem. I am not getting any statistics that are saying that having kids in the car is an inherently dangerous problem. On an individual basis you may think so, but on the aggregate in state policy, nobody has come forward and said having kids in the car causes accidents.

REPRESENTATIVE TAYLOR: Yeah. I did get to do the texting simulator they had out here. On the texts, are you actually typing the message? Or is it just -- You didn't see the simulator? REPRESENTATIVE EDDIE LUCIO, III: I did not.

REPRESENTATIVE TAYLOR: I just feel like a quick read of something or seeing whose calling me on the phone doesn't make me a bad driver. For some people it may, just like some people are very good drivers. REPRESENTATIVE EDDIE LUCIO, III: Exactly. And some could argue that drinking doesn't necessarily make you a bad driver. I have had my knuckle-head friends say that they can drive fine after having a few. But, the fact of the matter is, speaking on the whole, it causes a major public safety concern. And if we are for making people wear their seat belts when the only one they put in danger is themselves, I don't know why we cannot try to implement a policy that has proven statistically without question --

REPRESENTATIVE TAYLOR: Representative Lucio, seat belt, no one is debating whether those are unsafe or same thing, it is unsafe to drive while drinkings. This -- I'm talking about something reasonable in a law. I think texting while driving where you are actually typing a message makes most people very poor drivers. I'm not arguing that the idea of just quickly looking at your phone, just like I look at my speedometer, does not make me necessarily a worse driver. REPRESENTATIVE EDDIE LUCIO, III: Okay. So let me ask you this: Is there a time frame when looking down at your phone where it will create an inherently dangerous situation?

REPRESENTATIVE TAYLOR: Well, I think the police officer would just to see me do that, he shouldn't be pulling me over to give me a ticket. If he sees me doing that for a long period of time, maybe pull me over and ask me what I'm doing. But if I pull up and do this, I shouldn't be getting a ticket. REPRESENTATIVE EDDIE LUCIO, III: Would you accept an amendment to an amendment that added five seconds as a frame for --

REPRESENTATIVE TAYLOR: I would hate for a police officer to be distracted from driving while having to time five seconds while the guy is looking. REPRESENTATIVE EDDIE LUCIO, III: He can count out loud, one Mississippi, two Mississippi, three Mississippi, four Mississippi, five Mississippi. Five seconds. And I looked right at you the whole time.

REPRESENTATIVE TAYLOR: I appreciate that. I'll be there on Monday on the football game, too. REPRESENTATIVE EDDIE LUCIO, III: I look forward to it. You should --

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

THE SPEAKER: For what purpose, Mr. Driver?

REPRESENTATIVE JOE DRIVER: Would the gentleman yield for a couple questions?

REPRESENTATIVE TAYLOR: Yes, I yield.

REPRESENTATIVE JOE DRIVER: Thank you. Representative, I don't -- When I text message, I just did a minute ago, I just talked into my phone.

REPRESENTATIVE TAYLOR: I think this says that you have to manually do it.

REPRESENTATIVE JOE DRIVER: So am I breaking the --

REPRESENTATIVE TAYLOR: I think you are fine with yours. Yeah, I'm saying it's voice activated so it's -- I don't see why it wouldn't do it. I think you are fine with yours.

REPRESENTATIVE JOE DRIVER: If I hold it down here and the policeman -- How is he going to know, I mean I think the reading makes sense but I am just saying. Yours helps.

REPRESENTATIVE TAYLOR: I can't hear you, but the way I'm reading the bill, if you have a device that you can talk to it and you can send text messages, I think you are fine because you can still do that.

REPRESENTATIVE JOE DRIVER: Okay. All right. Thank you.

REPRESENTATIVE TAYLOR: Thank you for the candy, by the way. Members, I just want to take this opportunity to provide a little bit of common sense. I think I don't have a problem with the overall bill, I've been by the people who are texting while driving, it's very dangerous. But I hate for myself to be considered a criminal for so much as looking down at my phone while I am driving and I can do that very safely and I know most of the people on the floor can very safely do that. And if you are one of those people that can't do so much as that, you probably need to pull over and stop because you are an unsafe person on the road.

THE SPEAKER: Chair recognizes Representative Lucio to speak in opposition. REPRESENTATIVE EDDIE LUCIO, III: Mr. Speaker, and I don't know the parliamentary procedure to do this, I will ask the author of the bill to table this amendment. If the purpose of this bill, which I think it is, is to create safer driving conditions, the fact that you are distracted in any way; and that this has shown statistically, and from an evidenced based standpoint; to be an inherently dangerous and now reoccurring cause for many, many accidents; one in Representative Darby's district last night that took a life of a person and put in jeopardy the life of school children. This is very different than any other comparisons being made to either having kids in the backseat who are trying to distract you, or putting on lipstick. Those things, on the whole, have never created a major problem. I had a lady in any district who lost a sister to text messaging while driving. Dean Craddick had a family in his district who lost a daughter to text messaging while driving. As more and more folks have these devices at their disposable, and my one-and-a-half-year-old daughter who is here at the Capitol today becomes older, this is going to become a major, major problem. And I think trump the number that we saw with alcohol related traffic accidents. Being distracted in this way, as prevalent as these devices are in our cars, it is a problem. This, essentially, would create an administrative nightmare for police officers, as opposed to getting the basic reason for having this piece of legislation in the first place. I would ask the author to table.

THE SPEAKER: Representative Taylor to speak for his amendment. To close. Yeah, sorry, you got to do it again.

REPRESENTATIVE TAYLOR: Members, I'm sorry to take up time but I think it's a common sense thing that we don't have a lot of people out there and who are now being unsafe by simply looking at their phones and possibly being pulled over by someone wanting to know if they are texting, simply because they pick up their phone.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker, will you yield for questions? Let's make one thing clear, since a lot of people seem to be confused, you look at GPS or directions; that is excluded from this bill. Is that correct?

REPRESENTATIVE TAYLOR: Yes, sir.

UNIDENTIFIED MALE SPEAKER: And so if you have to move the map or any of that, that's all excluded?

REPRESENTATIVE TAYLOR: Yes, it is. This specifically talks about texting.

UNIDENTIFIED MALE SPEAKER: Okay. Thank you.

REPRESENTATIVE TAYLOR: The only question I have about that is, does the police officer know that I'm on my GPS? Am I going to get pulled over and have to explain it because I'm looking at my GPS and he thinks I'm texting?

UNIDENTIFIED MALE SPEAKER: Well, the does the police officer know when you are driving through a school zone or you are talking to -- You know, it's a function of safety, of saving people's lives and that's what this is all about. And reading, if you have to read something, you either hold it up like this or you are taking your eyes off the road; aren't you, Mr. Taylor?

REPRESENTATIVE TAYLOR: Oh, I can tell you that my speedometer does not move up here so I can look at it. I look down and I look back up.

UNIDENTIFIED MALE SPEAKER: Does this still affect your speedometer, does it affect your radio, does it affect your CD?

REPRESENTATIVE TAYLOR: No. I'm just comparing the fact that I can look down briefly and look back up and still be safe while I'm driving down the road. I can look at the radio. I got satellite, it even tells me whose yard this is. I look at it and say oh, that's what it was. And I look back to the road and --

UNIDENTIFIED MALE SPEAKER: Mr. Taylor, just for fun --

REPRESENTATIVE TAYLOR: Yes, sir.

UNIDENTIFIED MALE SPEAKER: For fun here, how long is your average message you get as a text message?

REPRESENTATIVE TAYLOR: Gosh, some of them just a few letters.

UNIDENTIFIED MALE SPEAKER: What would you say that an average one is?

REPRESENTATIVE TAYLOR: "Love". "You are the best". Stuff like that all the time.

THE SPEAKER: You are under oath, even on the floor, Mr. Taylor.

REPRESENTATIVE TAYLOR: Folks, I hope you vote for common sense here and vote against the motion to table.

REPRESENTATIVE DAN BRANCH: Mr. Speaker?

THE SPEAKER: Mr. Branch?

REPRESENTATIVE DAN BRANCH: Would the gentleman yield?

THE SPEAKER: Gentleman yield for questions?

REPRESENTATIVE DAN BRANCH: I understand that -- Do you yield?

REPRESENTATIVE TAYLOR: I yield. Yes, sir. I've got a text message that I was responding to.

REPRESENTATIVE DAN BRANCH: Yeah. You are the best. And then it says that LOL, laugh out loud. Ha ha. I understand that you are quite a good surfer; is that correct?

REPRESENTATIVE TAYLOR: I don't know if I'm good but I do some surfing yes, sir.

REPRESENTATIVE DAN BRANCH: And do you use -- Are you a multitasking surfer?

REPRESENTATIVE TAYLOR: No. When I'm surfing, it's all about surfing.

REPRESENTATIVE DAN BRANCH: You are not reading any of the novels or novellas or --

REPRESENTATIVE TAYLOR: Absolutely not. Getting some sun, watching some seagulls, maybe a dolphin or two. But I'm looking around, because I'm still looking for that wave. At the same time I am watching all the stuff going on around me, just like I would read the bumper stickers going down the road, I watch whatever is on the bill boards. I got a lot of stuff going on when I'm driving.

REPRESENTATIVE DAN BRANCH: But when you are driving you feel that we ought to be able to read a few things without any problem?

REPRESENTATIVE TAYLOR: Absolutely. And I don't think I should be considered criminal when trying to hide it, which is even worse. When I'm trying to do this when I just briefly want to look at something, the worse thing I want to do is have it down on my lap so if I have to look down here, so I don't appear to be doing something illegal while I'm driving. That actually makes it more unsafe than being able to just pop it up and see who is calling me and I'll talk to them later or I'll talk to them now. Press the button and start talking. That is not distracted driving. That's normal driving. When my wife is riding with me every now and then she will expect me to look at her to acknowledge that she said something. That's how it works in our communication. So I look over here and I say, "that's right" and I look over to driving. How is that becoming illegal?

REPRESENTATIVE DAN BRANCH: Mr. Chair, do you realize that last session I brought this bill on the act of school zone and we've had some issues. And I know that Representative Quintanilla had a bill for distractive driving, which some people thought it was a little bit broad, it's hard to prove up that issue, right?

REPRESENTATIVE TAYLOR: I'm sorry, I didn't hear the last part.

REPRESENTATIVE DAN BRANCH: Yeah. It's hard to prove up what is distractive driving and it seems to me -- it seems to me that we are all just trying to find the right balance between civil liberty and safety.

REPRESENTATIVE TAYLOR: Yeah. And if I can make a quick comparison, we have all these seats, we measure the smog coming out of the vehicle and stuff. I drive on the road every day and I can tell you the vehicles that need to be pulled over. I mean smoke is just billowing out the back. And by this same token, I drive down the road everyday and I see people all over the road because they are texting. Those people should be pull over. On the other hand, someone just driving the lane, following all the traffic laws, shouldn't be pulled over for so much as them looking at the phone.

REPRESENTATIVE DAN BRANCH: Seems to me what you are trying to do is strike a balance here.

REPRESENTATIVE TAYLOR: That's exactly what I'm doing here.

REPRESENTATIVE DAN BRANCH: And also for civil liberties and trusting our citizens to do the right thing and responsible driving situations.

REPRESENTATIVE TAYLOR: You are exactly right. And if someone is reading something for ten minutes and they are all over the road, there are already laws the book.

REPRESENTATIVE DAN BRANCH: All right. Thank you. Thank you.

REPRESENTATIVE TAYLOR: Thank you.

REPRESENTATIVE CHARLIE HOWARD: Mr. Speaker.

THE SPEAKER: Representative Howard.

REPRESENTATIVE CHARLIE HOWARD: Would the gentleman yield?

THE SPEAKER: Would you yield for questions?

REPRESENTATIVE TAYLOR: Yes, I do yield for questions.

THE SPEAKER: Gentleman yields for questions.

REPRESENTATIVE CHARLIE HOWARD: Yeah. And my question is how do you text yourself so that you can get a message that says that, "You are the best"? How do you do that on one telephone? Are you using two telephones? That's what I want to know. Are you using one or two when you are texting yourself to say that you are the best?

REPRESENTATIVE CHARLIE HOWARD: Mr. Howard , you are just killing me man, you are just killing me. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Mr. Speaker?

THE SPEAKER: Mr. Dutton REPRESENTATIVE HAROLD V. DUTTON, JR.,: Wo uld the gentleman yield for questions?

REPRESENTATIVE TAYLOR: I yield.

THE SPEAKER: Gentleman yields. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Has my time expired yet? I usually call it.

THE SPEAKER: You asked for it. You have a several more minutes left. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Mr. Taylor, if your amendment doesn't go on, it seems to me that if someone mistakenly sends me a text I can be in violation under this bill.

REPRESENTATIVE TAYLOR: If someone sends you a text? REPRESENTATIVE HAROLD V. DUTTON, JR.,: Yes , while I'm driving.

REPRESENTATIVE TAYLOR: Does your phone vibrate for the text same as when you are getting a call and text? So much as look at it, you are exactly right. So let me tell you how my phone works. It's always on vibrate. When I'm driving it sits on my leg or it's under my leg and I feel it vibrate -- REPRESENTATIVE HAROLD V. DUTTON, JR.,: So the phone buzzes (inaudible). But let me ask you a question, if you get a text message and it's not for you, and it's a mistake, and you look down at it, would you be in violation under this bill?

REPRESENTATIVE TAYLOR: Yes, sir. REPRESENTATIVE HAROLD V. DUTTON, JR.,: So your amendment goes on --

REPRESENTATIVE TAYLOR: If you sent me a text message it automatically pops up on the text messages because that's the only thing going on. So if I do so much as look at it if I get a text, a phone call or see why it's buzzing, I am going to be in violation of this law. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ri ght. Thank you.

REPRESENTATIVE MARTINEZ: Mr. Speaker?

THE SPEAKER: Mr. Martinez Fischer?

REPRESENTATIVE MARTINEZ: I move that we reduce to writing the exchange between Representative Taylor and Representative Dutton.

THE SPEAKER: Is there any objection? The Chair hears none.

REPRESENTATIVE TAYLOR: I object. Is this mike still on?

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

THE SPEAKER: Mr. Van Taylor?

UNIDENTIFIED MALE SPEAKER: Would Representative Taylor yield?

REPRESENTATIVE VAN TAYLOR: Well, there's another Taylor in the House.

THE SPEAKER: Would Larry Taylor yield? Van Taylor? Larry Taylor yields.

REPRESENTATIVE TAYLOR: It's all in the same family. As I understand it the bill, as currently drafted, would a give probable cause for a police officer to stop any Texan to looks at their phone while they are driving. Is that the way you read the bill currently, Representative Taylor?

REPRESENTATIVE TAYLOR: That's my fear. Yes.

REPRESENTATIVE TAYLOR: So anybody in this room who, after this bill passes, who looks at their phone while they are driving down the road could be pulled over? Well, that's -- Read the -- That's what I'm saying. Your amendment would fix that, would it not, Representative Taylor?

REPRESENTATIVE TAYLOR: I am trying to do -- This is probably the surest amendment in the history of the House. It's --

THE SPEAKER: Representative Sheffield lays the point of order the gentleman's time is expired. Point of order is well taken and sustained. Representative Taylor offers up an amendment. Representative Lucio moves to table. The question occurs on the tabling of the Taylor amendment. All those in favor of tabling the amendment vote aye, those opposed vote no. This would be a division vote. Have all voted? Record vote has been requested. Record vote has been granted. The clerk will please ring the bell. Show Speaker Craddick voting aye. Show Representative Howard voting no. Representative Solomons voting no. Have all voted? Have all voted? There being 55 ayes, 84 nays and 3 present not voting; the motion to table fails. We are now back on the Taylor amendment.

THE SPEAKER: Mr. Taylor sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The Taylor amendment is adopted. Now Chair recognizes Mr. Taylor for a victory lap.

REPRESENTATIVE TAYLOR: I just want to thank all the people who sent me text messages while I was up here. I got, "LOL, you are the best, you are the best".

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

CLERK: Amendment by Veasey.

THE SPEAKER: Chair recognizes Representative Veasey to explain his amendment.

REPRESENTATIVE MARC VEASEY: I think this bill is acceptable to the author. But all it does is we're being sure that as (inaudible) comes up with new technology that will allow a lot of the text messaging and -- amongst other things to be built in your

(inaudible) just like, you know, your speedometer and your gas gauge. And I know that there's something at the beginning of the bill, something about manually communicating with another person. But sometimes when you operate those devices you do have to manually click on your -- something on your steering wheel, same way as how you would change your radio station. So I believe the author has --

THE SPEAKER: Mr. Veasey sends up an amendment that is acceptable to the author. Is there any objection? The Chair hears none. The Veasey amendment is adopted. Anyone wishing to speak for or against? Recognize representative Cook for speak for the bill.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker and members, I hope when you cast your vote on this bill, if you do it in all seriousness, I spoke to a lady recently who got a call in the middle of the night, she lost her daughter in a wreck; and they wanted to know what happened. And when they got her phone and looked at it, at the moment of impact she was texting. I hope you vote for this. Because if we can save one parent, one, from getting that call, then we done the right thing. Thank you.

THE SPEAKER: Chair recognizes Speaker Craddick to close.

REPRESENTATIVE TOM CRADDICK: Mr. Speaker and members, there's been a lot of fun and a lot of jokes on this. This is a serious matter, like Byron just expressed to you. And how I got into this is that there was a young lady in my district that was killed and her parents were here for the hearing. They brought the car, they went all across the state to tell people, to show groups in cities and counties, to tell people what happened. And I think it's not a joking matter. It's not a joking matter when you drive from here to your apartment tonight and you look and people are texting and they are looking down and they have got both hands off the steering wheel and they are like trying this. You pass one lady that's talking on one cell phone and texting with the other and steering with one finger. You've got your children out riding a bicycle in the street, or your grandchildren. Or you've got teenagers out in cars. Or you've got those of us who are just driving down the highway. It's not a joking matter. And it is a real problem in this state and it's a real problem in this country. That's why thirty other states have already done this. And so I think and I hope you'll think about that when you go and vote aye.

REPRESENTATIVE MYRA CROWNOVER: Mr. Speaker, will the gentleman yield?

THE SPEAKER: Mr. Craddick, would you yield for Ms. Crownover's questions?

REPRESENTATIVE TOM CRADDICK: I yield.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE MYRA CROWNOVER: I want to thank you for bringing this to us and it is an absolutely very serious matter, although we have had fun on it today. So I thank you for the support. But I also thank you for your support on the smoke free workplace bill. I know that many times, and I am deadly serious, members; many times that we are afraid of the wrong thing, in the recent very, very compelling committee hearings we found out that more people die of smoke related diseases than all car wrecks, all DWI's, all fires, all murders, AIDS and drug abuse combined. So I think we need to look at this very serious public health issue. But we have another one that is not a joke, and I'm deadly serious about it, because it kills fifty three -- secondhand smoke kills fifty three thousand Americans a year. So, thank you, and I just couldn't -- We have talked about clean air issues here, we've talked about public safety. So I couldn't stay quiet. And I look to even more members signing on to HB 670. Thank you.

REPRESENTATIVE TOM CRADDICK: Thank you, Ms. Crownover.

THE SPEAKER: Representative Miller?

REPRESENTATIVE DOUG MILLER: Thank you. Would the gentleman yield?

THE SPEAKER: Would the gentleman yield for some questions?

REPRESENTATIVE TOM CRADDICK: I do.

REPRESENTATIVE DOUG MILLER: Mr. Craddick, in your major, as I think about it, as a former police officer; and I understand the questions. Let me ask you, we've heard a lot of debate today from both sides of the microphones about the invasion of people's privacy. And that's what you've had -- took out of some of the conversations today?

REPRESENTATIVE TOM CRADDICK: I believe that's correct.

REPRESENTATIVE DOUG MILLER: And I think you and I and many members of the floor would agree that we're concerned about the invasion of people's privacy and their private lives. And you would agree? And we wouldn't want to take advantage of folks, that's --

REPRESENTATIVE TOM CRADDICK: That's correct.

REPRESENTATIVE DOUG MILLER: So I also thought about what you talked, about the people who gave you testimony and your heard from. And it's really a safety issue, isn't it?

REPRESENTATIVE TOM CRADDICK: It is a safety issue. That's totally what it is.

REPRESENTATIVE DOUG MILLER: And so, as I was listening to -- I believe it was Chairman Taylor speak, it made me think about the fact that when I was a policeman and I saw somebody, maybe I might think they are drunk because they left a bar, but the only way that I really have probable cause to stop that person is if they were violating a traffic law or they were driving unsafely and putting themselves and others in danger; is that correct?

REPRESENTATIVE TOM CRADDICK: Yes, sir.

REPRESENTATIVE DOUG MILLER: Okay. And, therefore, my point being that that really isn't the issue that you are trying to get to here. It is not about stopping people from texting while they are driving, necessarily, but it's the unsafe behavior that it causes. And if there's a way that a police officer has had the probable cause because somebody is driving unsafely, that may not be exactly what you are saying but that would go a long way toward addressing the issue of people texting or not texting in Texas?

REPRESENTATIVE TOM CRADDICK: That's correct, Mr. Miller. And if you look, there's a provision there that says if you are at a stoplight or a stop sign, if you are stopped, you can still text. It's the idea of not only for your safety issue but the safety around you.

REPRESENTATIVE DOUG MILLER: And so if this is incorporated, and I'm not sure of that because I haven't read your (inaudible) but all the testimony that makes me think about that is; that if we can ensure that there has got to be some kind of a violation of law or there has to be some other probable cause so a police officer can first have that probable cause before he identifies whether the person is texting or not, you know, that would stop a lot of the situations that we see happening today.

REPRESENTATIVE TOM CRADDICK: That's correct. And, Mr. Miller, when we talked to the people in San Antonio since they put it in effect, and they are saying that basically it's hard for probable cause for the majority of people that they are pulling over, stopping or they are not driving in a single lane, for following too closely, competing traffic; how many times have you gone to a stoplight or a stop sign and somebody is out there texting and people are honking behind them. So that -- I think you are correct, Mr. Miller.

REPRESENTATIVE DOUG MILLER: Well, thank you for this. And I think -- I just think that what we're both trying to accomplish is to not invade anybody's privacy.

REPRESENTATIVE TOM CRADDICK: That's correct.

REPRESENTATIVE DOUG MILLER: Okay. Thank you.

THE SPEAKER: Mr. Speaker, Representative Taylor.

REPRESENTATIVE TAYLOR: Would the gentleman yield?

REPRESENTATIVE TOM CRADDICK: I yield.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE TAYLOR: Dean Craddick, is it your intent with this legislation to create a relatively easy probable cause for police officers to stop Texans who are driving?

REPRESENTATIVE TOM CRADDICK: No, it's not.

REPRESENTATIVE TAYLOR: Okay. And is it your intention with this legislation that a police officer would be able to pull a Texan over for looking down at their phone while they are driving?

REPRESENTATIVE TOM CRADDICK: No. I think that's up to the police officer.

REPRESENTATIVE TAYLOR: Is it your intent that the police officer would have to be certain that a person is actually violating this law before the Texan is pulled over?

REPRESENTATIVE TOM CRADDICK: I don't think you can say that, Mr. Taylor. There's not a police officer that pulls you over for a DWI that he's certain.

REPRESENTATIVE TAYLOR: Okay. What standard would you give to the police officers? What is your legislative intent? And I am --

REPRESENTATIVE TOM CRADDICK: I wouldn't say it's my intent, but my intent is to stop the texting while peopling are driving and moving. That's what it is. But -- And make the roads safer in this state.

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

REPRESENTATIVE TAYLOR: Mr. Speaker, I move that the conversation between myself and Mr. Craddick be reduced to writing and put in the record.

THE SPEAKER: Is there any objection? Chair hears a little bit. It will be done. Record vote requested. Record vote has been granted. Question occurs on the passage of House Bill 243 on second reading. Clerk please ring the bell. Marquez, aye. Have all voted? There being 124 ayes and 16 nays and 2 present not voting; the bill passes to third reading. Chair lays out House Bill 336. The Clerk will read the bill.

CLERK: HB 336 by Marquez. Relating to the filing and posting on the internet of reports of political contributions and expenditures required in connection with the office of member of the board of trustees of certain school districts.

THE SPEAKER: Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: Thank you, Mr. Speaker and members. House Bill 336 is a very simple bill that requires the school districts to build a certain site to post campaign financing school boards candidates online. I believe we have a couple of amendments.

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

CLERK: Amendment by Gonzalez of El Paso.

THE SPEAKER: Chair recognizes Representative Gonzalez to explain her amendment.

REPRESENTATIVE GONZALEZ: Mr. Speaker and members, this amendment would justify or would allow school districts having enrollment of more than twelve thousand students to be a part of this particular bill that's in front of you today. And I believe it's acceptable to the author.

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

CLERK: Amendment by Weber.

THE SPEAKER: Chair recognizes Mr. Weber to explain his amendment.

REPRESENTATIVE RANDY WEBER: Members, this is an amendment that is going to amend the 336 on Page 1, line 12. After the word or the figure of 500,000 we will insert the phrase and in a county located on the Texas Mexico border with a population of eight hundred thousand or more.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

THE SPEAKER: Would the gentlemen yield for some questions?

REPRESENTATIVE RANDY WEBER: You bet.

REPRESENTATIVE CHARLIE HOWARD: I think the intent of your amendment is to basically make this only to a very small area; is that correct?

REPRESENTATIVE RANDY WEBER: Well, interestingly enough, Charlie, even if my amendment goes forward, I'm probably going to vote no on the bill because we are telling school districts one more thing to do. And at a time when the budget is so bad and we are on the backs of the school districts so bad, I hate to give them one more amendment, no matter how small it is, unfunded mandate. But, yes, it's intended to bracket her particular county.

REPRESENTATIVE CHARLIE HOWARD: Mr. Weber, when you ran for election were you interested to find out the financial stability and who supported your opponent?

REPRESENTATIVE RANDY WEBER: In my House race?

REPRESENTATIVE CHARLIE HOWARD: I was.

REPRESENTATIVE CHARLIE HOWARD: Do you understand that -- Well, let me ask you a question this way: What is the largest tax bill that you, as a citizen in the State of Texas, as a homeowner receive?

REPRESENTATIVE RANDY WEBER: The largest part of my -- I believe this is your question: What is the largest portion of my ad valorem tax bill; is that correct?

REPRESENTATIVE CHARLIE HOWARD: Yeah.

REPRESENTATIVE RANDY WEBER: It would be the school district portion.

REPRESENTATIVE CHARLIE HOWARD: It would be a school district tax; is that correct?

REPRESENTATIVE RANDY WEBER: Yes, sir.

REPRESENTATIVE CHARLIE HOWARD: And who determines those school taxes?

REPRESENTATIVE RANDY WEBER: That would be your school board.

REPRESENTATIVE CHARLIE HOWARD: Your school board. So these things that ever a question, people might wonder who is supporting the school board members? Is it a large corporation who is trying to buy a member so the chair -- make the tax rates would go down?

REPRESENTATIVE RANDY WEBER: Do I think there's ever a question? You raised a couple of different issues. Do I think it's ever a question who is supporting a school board member?

REPRESENTATIVE CHARLIE HOWARD: Yeah.

REPRESENTATIVE RANDY WEBER: And if I heard you correctly, it's a little hard to hear. The second question is if there's ever a possibility that a corporation would be supporting them so that their tax rates go down; is that right? Is that accurate?

REPRESENTATIVE CHARLIE HOWARD: Yeah. Do you ever wonder who is supporting your --

REPRESENTATIVE RANDY WEBER: Let me take those two questions -- Let me -- First question, is there ever a question who is supporting the school board member? And I take it by that you mean financially?

REPRESENTATIVE CHARLIE HOWARD: Yes.

REPRESENTATIVE RANDY WEBER: I would say yes. There may be those questions arise. Second part of your question: Is there ever a possibly that a corporation supports a school board member in a chance that their corporate taxes would go down? I would answer that question by saying yes, because I support certain school board members in such a way that my school property taxes would go down. So I would answer that in the affirmative.

REPRESENTATIVE CHARLIE HOWARD: Well, I think it's important. Don't you think it's important to know who (inaudible) school officials? Because we can't tell who voted for who, so we can't -- And, by the way, do you realize that these reports are already required, that they have to be filed with school board?

REPRESENTATIVE RANDY WEBER: Yes, I do. And hold with me for just one second. I'm sorry, Charlie, I was -- Are you with me? Okay. So my statement -- Your answer to the follow up question is yes, I want my -- I want to support the school board members so that my taxes go down. I think that's a good goal. And I'm aware of the fact that these reports have to be filed. But now we are fixing to tell the school districts that they are going to have to take a person that runs for school board, which is a nonpaid position, and most people do it from a voluntary standpoint to help their communities; to tell the school board that they have to put their campaign finance statements online. How many school districts have websites, how many school districts have the personnel? Again, we are fixing to -- no matter how small, it's another unfunded mandate to the school districts. Those records are available by open records request and they are available without having to be on the website. If we do this with school boards, are we going to require that we do it with MUD, the people who run for MUD have to have their campaign reports posted online? Are we going to do it for homeowners associations that will actually file bills and take away properties in certain instances? Are we going to require that their supporters, that they get financial support is online? I mean this, to me, is another intrusive matter and it is an unfunded mandate to school districts. And at this time I think we ought to be lightening up on school districts and not giving them more.

REPRESENTATIVE CHARLIE HOWARD: Mr. Weber, do you -- Have you read the bill?

REPRESENTATIVE RANDY WEBER: Yes, sir.

REPRESENTATIVE CHARLIE HOWARD: Okay. And then you realize that all those authorities that you mentioned, they are not addressed in this in this bill at all; are they?

REPRESENTATIVE RANDY WEBER: I do realize that.

REPRESENTATIVE CHARLIE HOWARD: We are talking about one taxing authority, we are talking about a financial report which is already in the hands of the school board and all they have to have is one person who would take more than thirty minutes to put this on their website; isn't that correct?

REPRESENTATIVE RANDY WEBER: Well, I can't speak about the time or whether a school district has the website. But I can say -- I can speak to the fact that it's another mandate to the school district at a time when they are the most hard-pressed, worst hit recession in eighty years and I --

REPRESENTATIVE CHARLIE HOWARD: I think your amendment really, really does, it restricts a very small area. And I think the rest of us would like to know that information in our school districts.

REPRESENTATIVE RANDY WEBER: Let me ask you a question, Charlie.

REPRESENTATIVE CHARLIE HOWARD: You can't ask me a question from down there.

REPRESENTATIVE RANDY WEBER: Well, let me give you a statement. In fact, when this bill was testified to in the committee, the comments made by the author were that there were some school board candidates in El Paso that had done some really -- had taken some bribes, and had done some illegal things. And my comment was look, if they broke the law let's prosecute them under the fullest extent of the law. We don't need another law. If they broke the law then they need to be gone after and they need to be taken to task. I don't want to pass a law that goes statewide that basically makes volunteers who run for school board out of the goodness of their hearts, and most school districts have to go an extra step statewide because there were some bad actors in El Paso.

REPRESENTATIVE CHARLIE HOWARD: Well, again, I will repeat to you that this is nothing more than a transparency bill. And I think it's very important that all of the financial institutions and reports be made very transparent and very available. Thank you.

REPRESENTATIVE RANDY WEBER: You bet. Mr. Speaker, I move passage.

REPRESENTATIVE GONZALEZ: No. Excuse me, Mr. Speaker.

THE SPEAKER: Representative Gonzalez?

REPRESENTATIVE GONZALEZ: Would the gentleman yield?

REPRESENTATIVE RANDY WEBER: I will.

THE SPEAKER: Gentleman yields for questions.

REPRESENTATIVE RANDY WEBER: I will.

REPRESENTATIVE GONZALEZ: Thank you, sir. Now perhaps you and I were confused, but the first issue in your amendment says that it is for counties within the U.S./Mexico border with a population of more than eight hundred thousand; is that correct?

REPRESENTATIVE RANDY WEBER: That is correct.

REPRESENTATIVE GONZALEZ: What is the population of El Paso, sir?

REPRESENTATIVE RANDY WEBER: Actually, Representative Gonzalez, it says Texas border.

REPRESENTATIVE GONZALEZ: Okay. That's fine. But what is the population of El Paso county?

REPRESENTATIVE RANDY WEBER: I'm uninformed. And my source tells me it's over eight hundred thousand.

REPRESENTATIVE GONZALEZ: That's not correct. We're at approximately six hundred thousand right now, so this bill would not apply to any county along the Texas border.

REPRESENTATIVE RANDY WEBER: Well then, I would accomplish my end means.

REPRESENTATIVE GONZALEZ: Right. Which I have an issue with and we will get to that in just a second. The other issue that I have is if you read the bill carefully, this is not an unfunded mandate to any school district. It requires that, as you or I who are running for office, which a school member does, post his or her --

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

REPRESENTATIVE GONZALEZ: Mr. Bonnen, I would ask that the time be extended.

THE SPEAKER: Members, you've heard the motion that the gentleman's time be extended. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE GONZALEZ: Thank you, Mr. Speaker. And so what I was getting at is that why wouldn't we want these individuals who are running for a position where in some cases manage budgets larger than municipalities, to be accountable to the people that are voting them in, to let people know who is contributing to their campaign? Why would we not want that?

REPRESENTATIVE RANDY WEBER: Representativ e Gonzalez, that information is available. Anybody can get it whenever they want. It is already available.

REPRESENTATIVE GONZALEZ: And that is available through a freedom of information request; is that not correct?

REPRESENTATIVE RANDY WEBER: Probably an open records request would be more appropriate.

REPRESENTATIVE GONZALEZ: An open records request? And it takes an employee to go retrieve those particular records, does it not?

REPRESENTATIVE RANDY WEBER: I would say it probably does.

REPRESENTATIVE GONZALEZ: And also takes someone to sit there to make copies of those records, does it not?

REPRESENTATIVE RANDY WEBER: Which are paid for by the person requesting the records.

REPRESENTATIVE GONZALEZ: But it takes someone to do it?

REPRESENTATIVE RANDY WEBER: Correct.

REPRESENTATIVE GONZALEZ: And at some point it does use toner and at some point it does use the electricity and all of that, even though the person who is requesting that information is over (inaudible) that is not being compensated for.

REPRESENTATIVE RANDY WEBER: You are getting what I'm talking about. This unfunded mandate stuff is not what it cracked up to be, is it?

REPRESENTATIVE GONZALEZ: Well, this isn't a unfunded mandate bill. This is a transparency in government bill.

UNIDENTIFIED WOMAN SPEAKER: Mr. Speaker?

THE SPEAKER: For what purpose?

UNIDENTIFIED WOMAN SPEAKER: Would the gentleman yield for some questions?

THE SPEAKER: Do you yield for some questions?

REPRESENTATIVE RANDY WEBER: Yes.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE VERONICA GONZALES: Representative Weber, and you may have answered this, it's hard to hear back there. The way your amendment is written, isn't it a fact that it would basically gut the bill because there would not be any communities that would be affected?

REPRESENTATIVE RANDY WEBER: Let me look at the author here that has just informed me that El Paso County actually has 864,000 people in it. So, Representative Naomi Gonzalez's information apparently was inaccurate.

REPRESENTATIVE VERONICA GONZALES: So you are trying to bracket it? So why are you trying to bracket it solely to El Paso? I mean the Rio Grande Valley, Hidalgo County is close to eight hundred thousand. We're not there yet but maybe after a redoing the census we will. If that's the case, last I checked you didn't live along the boarder, yet your amendment is affecting the border.

REPRESENTATIVE RANDY WEBER: I think if you look, Representative, you'll see that in a city of over five hundred thousand and in a county of eight hundred thousand, if I remember correctly.

REPRESENTATIVE VERONICA GONZALES: And your bill --

REPRESENTATIVE RANDY WEBER: Excuse me, but I don't think you have any cities that have reached the five hundred thousand down in the valley yet. And my question was, in researching this bill, how big was Brownsville. And I think the answer to that was somewhere around a hundred thousand; is that right?

REPRESENTATIVE VERONICA GONZALES: It's larger than that.

REPRESENTATIVE RANDY WEBER: A hundred and fifty? A hundred and sixty? My intent on that getting that question answered was how long would it take before Brownsville reached that five hundred thousand level? And it -- Let me go back and answer your first question that you didn't give me time to answer, that my intent was to kill the bill. Why did I file this if my intent was to gut the bill, because there was no eight hundred thousand counties. But we have (inaudible) El Paso county does in fact have eight hundred and sixty four thousand. But the more primary impression that you are asking, my intent to kill the bill is -- and I can't get the author's attention up here. But I did go to her and say look, I want to file an amendment. I don't want to just try to kill your bill. I want to file an amendment that says I'll bracket it (inaudible) counties. Does that answer your question? You are not advised? Okay. My intent was not just to simply kill her bill. At that point I wasn't trying to -- Let me -- I will file this amendment. I want her to know that.

THE SPEAKER: Members, we have an amendment. Members, we have an amendment to the amendment. The clerk will please read the amendment to the amendment.

CLERK: Amendment to the amendment by Martinez-Fischer.

THE SPEAKER: Chair recognizes Mr. Martinez-Fischer to explain his amendment to the amendment.

REPRESENTATIVE MARTINEZ: Thank you, Mr. Speaker. Members, you've heard the debate. I think we could be heading down the wrong track here and send the wrong message. I think it's inconsistent. I think it's wrong. I think it's (inaudible). But I will concede the point to my good friend, and perhaps we should look at this, maybe we could test it, maybe we should see if it works, does it violate any open record issues or any expose any privacy issues that exist? We all live by these rules. But I concede this point. So my amendment to the amendment says just limit this bill to Brazoria County and we'll see whether or not that works. And then we can come back if it works, we can come back and we can do it statewide, or we can do it with a bracket, Representative Marquez wanted to do; which I believe is a good transparent bill, it's a good government bill. I know the amendment to the amendment is acceptable to me.

THE SPEAKER: Chair recognizes Mr. Weber to speak -- Hopefully an opposition to the amendment to the amendment. Just because the amendment is acceptable to the amender doesn't make it acceptable to the amender. Representative Weber in opposition, I hope, to the amendment to the amendment.

REPRESENTATIVE RANDY WEBER: Well, this will come as a shock I know, but the amendment is not acceptable to the author. Now I will accept an amendment to his amendment and we will include that county if he wants to make his population eight million. If we are going to bracket with counties and populations, you want to make it eight million, then we can do that. But, no, the amendment is not acceptable to the author. And I'm going to table it.

UNIDENTIFIED WOMAN SPEAKER: Mr. Speaker?

THE SPEAKER: Chair recognizes Representative Martinez-Fischer close on his amendment to the amendment.

UNIDENTIFIED WOMAN SPEAKER: Mr. Speaker?

THE SPEAKER: For what purpose?

UNIDENTIFIED WOMAN SPEAKER: Will the gentleman yield?

THE SPEAKER: Which gentleman?

UNIDENTIFIED WOMAN SPEAKER: Mr. Weber, please.

THE SPEAKER: Yes, sir. I would be glad to yield to my good friend, Representative Farrar.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE JESSICA FARRAR: Mr. Weber, why is it that you don't want school board members -- school board candidates in your area or other areas to have to file the reports online?

REPRESENTATIVE RANDY WEBER: I think you may be misinterpreting the bill here on one part, Jessica, and I'll go to the second part. This bill is not for the school board candidates to file their bill online. This bill --

REPRESENTATIVE JESSICA FARRAR: No. To have the report posted online.

REPRESENTATIVE RANDY WEBER: There you go. And that gets to the second point of my question. We're fixing to tell the school boards, the school districts, that they have got one more thing to do and I believe it's unnecessary.

REPRESENTATIVE JESSICA FARRAR: But don't you believe that doing so provides the public valuable information readily, at their fingertips, in their home, their work, on their PDAs, they can look and find out more information about the people that they are electing? Why are you opposed to more transparencies in the electoral process?

REPRESENTATIVE RANDY WEBER: I'm not opposed to more transparencies. I'm opposed to telling school districts they have to do one more thing. Transparency, I'm not opposed to transparency. You are talking about a voluntary board. And if you think that by putting this online that it's going to put -- the term I think is under table bills, that we believe what went on apparently in some of the newspaper articles from El Paso relating back to the situation that Representative Marquez was describing, if you you think the fact that they are going to post them online, when it's already on open record and post it online is going to totally do away with those unscrupulous characters that may or may not run for school board or may or may not want to take --

REPRESENTATIVE JESSICA FARRAR: It's not about that. I'm not concerned about that. My concern is that -- It's very different going down to the school board, to the school administration to get a copy of the report or asking for a -- making an open record request. It's very different from just going to a website, clicking and having a report come up; don't you agree with that?

REPRESENTATIVE RANDY WEBER: Would you think that all of the school districts in the entire state have websites?

REPRESENTATIVE JESSICA FARRAR: No. But this bill addresses the larger areas that have that capacity to do that, I would imagine. Let me ask you, I was glad to hear your concern about school districts and --

REPRESENTATIVE RANDY WEBER: I'm having trouble hearing you with all this background noise. Hold on. Hold that thought. Hold, please.

THE SPEAKER: Representative Weber has asked for order. Members, if we can take our conversations outside of the rail he would appreciate it.

REPRESENTATIVE JESSICA FARRAR: I'm glad to hear your concern about schools and the burdens that they are facing. Because, as you know, this budget gutted them to the tune of about ten billion dollars. Can you tell me how did you vote on that budget? Did you vote for that budget?

REPRESENTATIVE RANDY WEBER: Was that House Bill 1?

REPRESENTATIVE JESSICA FARRAR: Correct.

REPRESENTATIVE RANDY WEBER: I did vote for House Bill 1.

REPRESENTATIVE JESSICA FARRAR: Thank you.

REPRESENTATIVE RANDY WEBER: You are welcome.

REPRESENTATIVE BILL ZEDLER: Mr. Speaker?

THE SPEAKER: Mr. Zedler, for what purpose?

REPRESENTATIVE BILL ZEDLER: Would the gentleman yield for questions?

THE SPEAKER: Gentleman yield for questions?

REPRESENTATIVE RANDY WEBER: Yes, sir.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE BILL ZEDLER: Representativ e Weber, several years ago I introduced a check register bill that required the majority of the school districts to find -- to put up their check register online. It provided transparency and all that other stuff. That bill never made it into law. But I heard back from a number of school districts that after that who said this; they found that once they started putting it online it actually saved them money because, in essence --

THE SPEAKER: Representative Sheffield raises the point of order the gentleman's time has expired. The point of order is well taken. Chair recognizes Representative Martinez Fischer to close on his amendment to the amendment. Members, it's been requested that we have order so that we can hear the conversation from the microphone. And I have asked for this a couple of times. So please give Representative Martinez-Fischer your attention.

REPRESENTATIVE MARTINEZ: Thank you, Mr. Speaker and members, I want to be really clear about this. Do I believe that we should adopt an amendment for Brazoria County and, truly, that answer is no. But, by extension, if you look at this bill, House Bill 336, and if you look at page 1, line 12, you will see that this bill only applies to counties with population of five hundred thousand or more. I will tell you that my friend, Randy Weber, his county of Brazoria is three hundred thirteen thousand in the last census. This bill does not touch Representative Weber's district. It will not touch -- it will not impact his constituents one bit. Now the merits of Representative Marquez's bill need to go up or down on the merit. And that's a decision that we will all make as a body. But she has the privilege of debating that on this floor. And if I thought that the amendment was worthy, because it impacted Representative Weber's district I would not have risen, I would have het let him lay it out and let us decide as a body that the truth is that it doesn't touch his district. And if he wants to withdraw his amendment I will withdraw my amendment. But if he chooses not to do that, I will ask as a statement of this House, that we do not table this amendment and we make a statement that when colleagues come to the mike for good or for bad, whether they are Republicans, Democrats, Anglo, Hispanics we have the right to bring our business to represent our district and go up or down on the merit. Not on shenanigans so I ask, and African Americans, especially, I ask that we not have to take this vote. But I will let Mr. Weber decide that. But if he chooses not to pull this down, I will ask you to please, for the sake of this body, let's not table this amendment. Let's do the right thing. I ask you to vote no on the motion to table.

THE SPEAKER: The question is on the Martinez Fischer to the Weber amendment. There was a motion to table by Mr. Weber. There will be a division vote. Vote is on the motion to table. Show Martinez Fischer voting no. Show Weber voting aye. Marquez voting no. Walle voting no. Farrar voting no. Castro voting no. Have all voted? Bernam no. Have all voted? There being 31 ayes and 88 nays, 2 present not voting; the motion to table prevails.

THE SPEAKER: Chair recognizes Mr. Martinez Fischer. Representative Martinez Fischer withdraws his amendment. Representative Weber withdraws his amendment. Is there any objection? Chair hears none. Thank you, members. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Castro.

THE SPEAKER: Chair recognizes Mr. Castro to explain his amendment.

REPRESENTATIVE JOAQUIN CASTRO: Mr. Speaker and members, this would simply apply to also to trustees of junior college districts. I believe it is acceptable to the author.

THE SPEAKER: Representative Castro offers up an amendment. The amendment is acceptable to the author.

UNIDENTIFIED WOMAN SPEAKER: Amendment is acceptable to the author.

THE SPEAKER: Members, back up a moment. Representative Castro.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

THE SPEAKER: Mr. King of Uvalde, for what purpose?

REPRESENTATIVE KING: Would the author of the -- Was it an amendment or a bill -- Yield, please.

THE SPEAKER: Well, we have an amendment before us that we seem to be having a conversation about. When Representative Castro is ready to take the mike I will have him yield to you, Mr. King. Members, the Chair is going to recognize Representative Castro and we encourage you to pay attention. And I would ask you, Mr. Castro, to better explain his amendment, please. Okay. Representative Castro has now decided to withdraw his amendment. Thank you, Representative Castro. Representative King, does that satisfy your question? Anyone wishing to speak on for or against? Chair recognizes Representative Marquez to close on her bill.

REPRESENTATIVE MARISA MARQUEZ: Mr. Speaker and members, thank you very much. I just want to clear up one thing. It's about the candidates, not the school district that be required to comply. The school districts are not receiving any unfunded mandates. This is strictly relegated to the candidates and the incumbent trustees. I yield.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker.

THE SPEAKER: Representative King.

REPRESENTATIVE KING: Would the lady yield?

THE SPEAKER: Lady yields for questions.

REPRESENTATIVE KING: Representative Marquez, now, the bill that you filed originally applied to any school district in a municipality of five hundred thousand or more.

REPRESENTATIVE MARISA MARQUEZ: Yes, sir.

REPRESENTATIVE KING: And that's the bill that was hurting committee and that's the bill that

(inaudible) and all of the men and women that serve on the school boards around Texas --

REPRESENTATIVE MARISA MARQUEZ: On it --

REPRESENTATIVE KING: Is that correct?

REPRESENTATIVE MARISA MARQUEZ: -- was never for it. Not even for the municipality.

REPRESENTATIVE KING: I'm sorry?

REPRESENTATIVE MARISA MARQUEZ: -- testified against it.

REPRESENTATIVE KING: I'm saying that that is the bill that you asked the people in the State of Texas to consider; is that correct?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir.

REPRESENTATIVE KING: And that is the bill that the committees voted out?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir.

REPRESENTATIVE KING: And that's the bill that the calendar committee agreed to place on this calendar?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir.

REPRESENTATIVE KING: And you've accepted an amendment here today to take the five hundred thousand bracket out and apply it to any school district in the State of Texas with twelve thousand students?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir. And let me explain this, when I -- when this bill came to the floor, was scheduled for today, I received support from the other side; my Republican colleagues, that wanted this bill to apply to their areas and I accommodated them. And there was much discussion about how we would do that. And this was the best solution. So what we decided to do is we dropped the numbers so the areas like Bexar County, also in Representative Howard's and others, so that it would apply to their particular areas.

REPRESENTATIVE KING: Well, do you think it's appropriate to fundamentally change the focus of a bill like that and the people that applies to without ever going through the committee here? When you take an amendment from one of your fellow colleagues like that that's in the same municipality as you are in --

REPRESENTATIVE MARISA MARQUEZ: Well, the bill is still intact and this is what we are passing. We are just requiring the trustees and candidates to post the financial campaign reports to their website. And let me clarify, that's all this does. It has nothing to do with the district, it's not incurring the costs with the district, it's not requiring them to do anything else, it's not changing the report itself or the information that's included therein. This is exactly what it is. The same report that we filed, the state referenced that it is what's required in the school district trustees and the candidates and we are just making that information public. That's it. We are just taking out the whole need for open records request and the ten day wait time. It's just an open --

REPRESENTATIVE KING: -- the legislative process here. That's what I'm talking about.

REPRESENTATIVE MARISA MARQUEZ: Yes. Well I just want us to focus on the main points of this bill. And it's not necessarily whose --

REPRESENTATIVE KING: So at this time it's your intention that every school district that has more than twelve thousand students has to file their report online; is that correct?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir. I did that to accommodate other members on the floor that wanted to support this bill.

REPRESENTATIVE KING: So it's not your -- Your original bill would only apply to school districts and municipalities that had five hundred thousand and more, and you stood before the committee and made a statement that that was your intention at that time. And may I have your intention --

REPRESENTATIVE MARISA MARQUEZ: No. My intention was to accommodate other members on the floor that wanted to have this apply to their areas.

REPRESENTATIVE KING: Thank you.

REPRESENTATIVE MARISA MARQUEZ: Yes, sir.

THE SPEAKER: Mr. Aycock?

REPRESENTATIVE JIMMIE DON AYCOCK: Would the gentle-lady yield for some questions.

THE SPEAKER: Lady yield for some questions?

REPRESENTATIVE MARISA MARQUEZ: Yes, I do.

THE SPEAKER: Chairman, the lady yields.

REPRESENTATIVE JIMMIE DON AYCOCK: Okay. You've stated that the bill, as amended, would not require actions by school districts, that it would require actions by candidates; was that your previous statement?

REPRESENTATIVE MARISA MARQUEZ: Yes. What I'm saying is is that this affects the candidates and the trustees. They have to post their campaign report online, on the school district's website.

REPRESENTATIVE JIMMIE DON AYCOCK: On the school district's website?

REPRESENTATIVE MARISA MARQUEZ: Many areas do this. Houston Independent School District already has their candidates filed on their school district campaign's website.

REPRESENTATIVE JIMMIE DON AYCOCK: So it is not the candidate who would post it, it is the school districts who would be required to post?

REPRESENTATIVE MARISA MARQUEZ: Yes.

REPRESENTATIVE JIMMIE DON AYCOCK: And you don't believe that that's an unfunded mandate?

REPRESENTATIVE MARISA MARQUEZ: There's no fiscal note in this bill. And that is true of the committee, the committee bill, the one that I laid out in the committee, the one that was considered by calendar; does not have a fiscal note.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you.

REPRESENTATIVE MARISA MARQUEZ: Yes, sir.

REPRESENTATIVE JOE FARIAS: Mr. Speaker?

THE SPEAKER: For what purpose, Mr. Farias?

REPRESENTATIVE JOE FARIAS: Would the gentle-lady yield for questions?

THE SPEAKER: The lady yields.

REPRESENTATIVE JOE FARIAS: Representative Marquez, I keep hearing --

THE SPEAKER: Ms. Marquez, would you yield?

REPRESENTATIVE JOE FARIAS: Oh, she shook her head. Oh, I'm sorry. I apologize.

THE SPEAKER: Would the lady yield?

REPRESENTATIVE MARISA MARQUEZ: I do.

REPRESENTATIVE JOE FARIAS: Okay. Representative Marquez, I keep hearing from the back mike that they have the file online. They are not filing online. All the district is doing is getting their report and scanning it and posting it on the website, that's all they are doing?

REPRESENTATIVE MARISA MARQUEZ: That's it.

REPRESENTATIVE JOE FARIAS: Anybody that wants to see it, it's there. But they are not actually filing, as we do, online. And somebody over there is going to see it and critique it and send it to the Ethics Commission, because I believe, Ms. Marquez, that the school districts do not have the authority to file an ethics complaint. It's got to be from a citizen from that district in order to file that complaint?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir. You are exactly correct. We are not changing the form, the questions, anything about the report. We are just posting it online.

REPRESENTATIVE JOE FARIAS: So, as they say that it's an unfunded mandate, all the district is doing is taking it from the candidates or the office holder, put it in their scanner and posting it; is that correct?

REPRESENTATIVE MARISA MARQUEZ: Absolutely.

REPRESENTATIVE JOE FARIAS: Thank you.

REPRESENTATIVE MARISA MARQUEZ: Thank you.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

THE SPEAKER: Mr. Simpson, for what purpose, please?

REPRESENTATIVE DAVID SIMPSON: To ask her a question, please.

REPRESENTATIVE MARISA MARQUEZ: Yes.

THE SPEAKER: Would the lady yield for questions? Lady yields.

REPRESENTATIVE DAVID SIMPSON: Thank you. I don't believe it's really an unfunded -- maybe it's an unfunded mandate, but we have a right to set policy over the sub-political sections of the state. Would it be a better way to have them report to the Ethics Commission as opposed to just posting it on the internet?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir. I agree with you. It's not an unfunded mandate.

REPRESENTATIVE DAVID SIMPSON: But would it be a better resolution to -- possibly to report to the Ethics Commission, as we do, instead of just merely reporting to the internet?

REPRESENTATIVE MARISA MARQUEZ: That would be a possibility. But I'm not sure exactly how we could make that happen with this bill, to make the responsibility now on the Ethics Commission to post those. I'm not familiar -- I'm not advised of how that would -- exactly would work.

REPRESENTATIVE DAVID SIMPSON: Thank you.

REPRESENTATIVE MARISA MARQUEZ: Thank you.

REPRESENTATIVE SCOTT HOCHBERG: Mr. Speaker?

THE SPEAKER: Representative Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Would the gentle-lady yield?

REPRESENTATIVE MARISA MARQUEZ: Yes, absolutely.

THE SPEAKER: The lady yields, Mr. Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Okay. Representative Marquez, there is considerable confusion on the floor as to what your bill currently does. With the bill as amended, as it's currently before us, okay. Do I understand you correctly that this bill now applies to all school districts with an enrollment of twelve thousand or more?

REPRESENTATIVE MARISA MARQUEZ: Yes.

REPRESENTATIVE SCOTT HOCHBERG: Regardless of where it is, regardless of the municipality and regardless of where it is?

REPRESENTATIVE MARISA MARQUEZ: Yes.

REPRESENTATIVE SCOTT HOCHBERG: So it's my understanding that it's about 85 districts?

REPRESENTATIVE MARISA MARQUEZ: Yes.

REPRESENTATIVE SCOTT HOCHBERG: And it doesn't matter how big the city is, doesn't matter where it's located?

REPRESENTATIVE MARISA MARQUEZ: Okay.

REPRESENTATIVE SCOTT HOCHBERG: Is that correct?

REPRESENTATIVE MARISA MARQUEZ: Yes, sir.

REPRESENTATIVE SCOTT HOCHBERG: Okay.

THE SPEAKER: Members, I'm recognizing Representative Gonzalez in regards to floor amendment number one.

REPRESENTATIVE GONZALEZ: Thank you, Mr. Speaker. I withdraw the amendment. I move to reconsider the amendment.

THE SPEAKER: Members, you've heard the motion. Is there any objection? The Chair hears none. We are now on the Naomi Gonzalez amendment.

REPRESENTATIVE GONZALEZ: I withdraw the amendment.

THE SPEAKER: The Gonzalez amendment is withdrawn. Is there any objection? Chair hears none. The amendment is withdrawn. Members, we are now -- We are now on the bill. And, just for clarity -- Representative Bonnen, I will get back to you, I promise. There are no amendments on the desk and this bill has not been amended at all. Any amendments have been withdrawn or removed. So the bill is in the form it was brought to us. So the Chair recognizes Representative Marquez to close on her bill.

REPRESENTATIVE MARISA MARQUEZ: I --

REPRESENTATIVE LON BURNAM: Mr. Speaker?

REPRESENTATIVE MARISA MARQUEZ: I close --

THE SPEAKER: Representative Bernam?

REPRESENTATIVE LON BURNAM: Would the lady yield?

REPRESENTATIVE MARISA MARQUEZ: Yes, I absolutely yield.

THE SPEAKER: Lady yields.

REPRESENTATIVE LON BURNAM: Do you know that no school can post any political information on school equipment on school ground? They can't do it. It's against the law. They can't post it on school equipment and school --

REPRESENTATIVE MARISA MARQUEZ: And would that be particularly political material endorsing a candidate or a political association with a certain party? This is --

REPRESENTATIVE LON BURNAM: Anytime. Anytime.

REPRESENTATIVE MARISA MARQUEZ: This is who you are receiving monies from?

REPRESENTATIVE LON BURNAM: But you are giving political information to candidates in a political race. And that cannot be done on school grounds on school property. Can't be done.

REPRESENTATIVE MARISA MARQUEZ: With respect, Mr. Bernam, I don't think that's necessarily the case in this particular bill. We are talking about candidates that receive money that make decisions in our districts, that vote on contracts that affect the local tax payers, and we are just making this information public.

REPRESENTATIVE LON BURNAM: Are you making it public, but you can't make it public on school equipment or school --

REPRESENTATIVE MARISA MARQUEZ: There's no requirement for endorsement, there's no requirement to talk about party affiliation; nothing else except for who you received money from.

REPRESENTATIVE LON BURNAM: Is this a political race or not?

REPRESENTATIVE MARISA MARQUEZ: It is an election, yes.

REPRESENTATIVE LON BURNAM: It's an election?

REPRESENTATIVE MARISA MARQUEZ: Absolutely.

REPRESENTATIVE LON BURNAM: It can't be posted on school grounds, on school time, on school -- and I have an opinion from the attorney general to show you that.

REPRESENTATIVE MARISA MARQUEZ: I would like to see that, Mr. Bernam.

REPRESENTATIVE LON BURNAM: I don't have it with me. I'll have to get it. But it can't be done on school equipment, on school time, on school grounds.

REPRESENTATIVE MARISA MARQUEZ: Let me clarify another point. Members, I move passage. Thank you, Mr. Bernam. But with now the amendment gone it just applies to municipalities with a population of more than five hundred thousand. So the amendment that was making it applicable to districts with twelve thousand over was removed. I move passage.

THE SPEAKER: Members, the question occurs on House Bill 336.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

THE SPEAKER: Mr. Weber?

REPRESENTATIVE RANDY WEBER: Would the gentle-lady yield?

THE SPEAKER: Well, she's actually yielded the floor and we were in the process of beginning to vote.

REPRESENTATIVE RANDY WEBER: I would like for her to -- I'd like for her to take another question from me, please.

THE SPEAKER: She's yielded the floor, Representative Weber, I apologize. We were in the process of taking a vote.

REPRESENTATIVE RANDY WEBER: I would like for her to come back to the floor.

THE SPEAKER: I understand that but --

REPRESENTATIVE RANDY WEBER: Since they have removed the amendment that affected my district, Brazoria County, and now they removed the other amendments; I have some more questions.

THE SPEAKER: I understand, Representative Weber. She has unfortunately yielded the Floor and we are in the process of voting.

REPRESENTATIVE RANDY WEBER: And she will not come back for another question?

THE SPEAKER: She doesn't have the ability, or the option, because we have moved into a vote. It is not her choice. Members, we are voting on House Bill 336. All those in favor say aye. Those opposed say nay. The ayes have it. House Bill 336 is passed to engrossment. Record vote has been requested. A record vote has been granted. Would the clerk please ring the bell? Miles voting aye. Farrar voting aye. Burkett voting aye. Walle voting aye. Have all voted? Representative Menendez voting aye. Have all voted? There being 108 ayes and 31 nays and two present not voting; the bill passes to engrossment. Chair lays out House Bill 341 on second reading. The clerk will please read the bill.

CLERK: HB 341 by Fletcher, relating to the prosecution of and the punishment of the offense of burglary committed while evading arrest or detention.

THE SPEAKER: Chair recognizes Representative Fletcher to explain his bill.

REPRESENTATIVE ALLEN FLETCHER: Thank you, Mr. Speaker and members. Many times suspects flee law enforcement and try just about anything to get away, including fleeing into other people's homes and properties. They do so by climbing through open windows and testing doorknobs or unlocked doors. When a suspect flees into someone's home or property without the consent of the owner, the danger to the pursuing officer and the homeowner are much greater at risk. The additional risk is placed on police officers. I move passage.

THE SPEAKER: Anyone else wishing to speak for or against the bill? The question occurs on the passage of House Bill 341. All in favor say aye, those opposed say nay. The ayes have it and so House Bill 341 is passed to engrossment. Chair lays out House Bill 27 on second reading. The clerk will read the bill.

CLERK: HB 27 by Guillen, relating to the payment of fines and costs by defendants who are unable to pay the fines and costs in misdemeanor cases.

THE SPEAKER: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker and members. I've got an amendment.

THE SPEAKER: All the others wishing to speak for or against House Bill 27? Unfortunately, we have an amendment. Following amendment. The clerk will read the amendment.

CLERK: Amendment by Guillen.

THE SPEAKER: Members, we are almost finished. Give us your patience and your time just a short bit longer. Representative Guillen has an amendment to his bill. Chair recognizes Representative Guillen to explain his amendment.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker and members, this amendment simply clarifies that if the defendant cannot pay immediately, it just adds the word immediately.

THE SPEAKER: Representative Guillen offers up an amendment. It is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Alonzo.

THE SPEAKER: Chair recognizes Representative Alonzo to explain his amendment.

REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Speaker and members. This says that one of the options that the judge has is to donate the money to the food bank. It is acceptable to the author.

THE SPEAKER: Representative Phillips. Members, the amendment should be on your screen. Representative Alonzo, would you explain the amendment one more time for the members? Thank you, Mr. Alonzo. Members, what this amendment does is the bill, as of when people find one of the ways they can take care of the committee, what this amendment does is one of the options that the judge may have is that the people from -- instead of paying the money and fines, that you donate an equivalent to the amount of fine to an appropriate food bank, to the charge or part of the final court cost. This involves the judge and have an opportunity that if the defendant wants to donate to the food bank. And it's acceptable to the author.

THE SPEAKER: Representative Alonzo offers up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Guillen to close on the bill. I apologize members, we have another amendment. Clerk will read the amendment.

CLERK: Amendment by Carter.

THE SPEAKER: Chair recognizes Representative Carter to explain her amendment.

REPRESENTATIVE STEFANI CARTER: Thank you, Mr. Speaker and members. This amendment simply says that we cannot -- we remove the aspect of community service, because there's no point in assessing fines and costs if the defendant can perform community service. And it's acceptable to the author.

THE SPEAKER: Representative Carter offers up an amendment and it is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Guillen to close on his bill.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker and members, this simply just allows the defendants to pay on a payment and payment plan basically --

THE SPEAKER: Is there anyone wishing to speak for or against House Bill 27? Seeing no one. Question occurs on the engrossment of House Bill 27. All those in favor say aye. Those opposed say nay. House Bill 27 is passed to engrossment. Chair lays out House Bill 125. The clerk will read the bill.

CLERK: HB 125 by Legler. Relating to the inclusion of a draft impact analysis in the notices of rules proposed by the Texas Commission on Environmental Quality.

THE SPEAKER: Chair recognizes Representative Legler to explain the bill.

REPRESENTATIVE KEN LEGLER: I ask speaker and members, as I stated earlier, I few things that it does. I'm not going to read it all again. It is just for transparency, and this is regulatory transparency. It streamlines three steps, identification of following the rule of tentative address, identifying and described the environmental effects at TCQ affects the result of and implementation of the appliance to the rule, identifying and describing the economic impact on regulated entities, consumers, state, local governments to the -- applies to the rule. I won't read anymore. Already have it. Bill is in front of you.

REPRESENTATIVE JESSICA FARRAR: Mr. Speaker?

THE SPEAKER: Representative Farrar, for what purpose?

REPRESENTATIVE JESSICA FARRAR: Would the gentleman yield?

REPRESENTATIVE KEN LEGLER: I will.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE JESSICA FARRAR: Mr. Legler , Section 1B. Looks like a cost benefit analysis but there's no mention of benefits. Do you think there are benefits to environmental rule making?

REPRESENTATIVE KEN LEGLER: If you are asking me basically what the intent of the bill is --

REPRESENTATIVE JESSICA FARRAR: Uh-huh.

REPRESENTATIVE KEN LEGLER: The intent of the bill is transparency and disclosure by requiring that TCQ do regulatory analysis that identifies the costs and environmental effects of the proposed regulation.

REPRESENTATIVE JESSICA FARRAR: Okay. I'm having trouble understanding you. Let me --

REPRESENTATIVE KEN LEGLER: Well, I mean, is this better?

REPRESENTATIVE JESSICA FARRAR: There. That's better. Thank you.

REPRESENTATIVE KEN LEGLER: Sorry. My apologies. It is the intent of this bill to provide transparency and disclosure by requiring (inaudible) that TCQ do a regulatory analysis that identifies the cost and environmental affects of the proposed regulation.

REPRESENTATIVE JESSICA FARRAR: Okay. But I have a specific question. On page 1, line 14 to 16, you defined environmental effect as a reasonably identifiable and quantifiable effect or outcome affecting the environment and/or human health. Can you help me understand what that means? Can you give us some examples of an environmental effects?

REPRESENTATIVE KEN LEGLER: Basically, yeah, it's like I said earlier; it seems like three concrete steps. The identification of the problem, the role is intended to address, identifying the effect that TCQ (inaudible) a result from the implementation of the rule and compliance with the rule and identifying and describing the economic impact on (inaudible) rule.

REPRESENTATIVE JESSICA FARRAR: Okay. But under the definition, that says quantifiable. So suppose an environmental rule would reduce the air pollution and emissions. And I know for my work sometimes this is difficult, but not impossible to quantify emission reduction. So would that mean that I can't quantify a reduction, that I can't consider it an environmental effect?

REPRESENTATIVE KEN LEGLER: No, again, I think you are taking it out of the intent of the bill. The intent of the bill is provide transparency. It has nothing to do with bill reductions or anything. And discloses by requiring that TCQ regulatory analysis that identifies the costs and the (inaudible) proposed regulation.

REPRESENTATIVE JESSICA FARRAR: Okay as far as issues of cost, as far as issues of cost from the original bill to the substitute, I had some questions. Do you know how many SPEs were eliminated from TCQ's budget?

REPRESENTATIVE KEN LEGLER: No, I do not.

REPRESENTATIVE JESSICA FARRAR: Okay. Then in the new budget there's a reduction of nearly three hundred FTE's and last night we heard the TCQ Sunset Bill, as you were calling it, in our committee; but we are in your bill we are going to be asking more of the agency while at the same time we cut their budget and the FTE's. So do you think the agency will also be able to accommodate the additional workload of your bill?

REPRESENTATIVE KEN LEGLER: That's what they testified.

REPRESENTATIVE JESSICA FARRAR: Pardon?

REPRESENTATIVE KEN LEGLER: I believe that's what they said. The fiscal budget says no extra cost.

REPRESENTATIVE JESSICA FARRAR: Right. I'm interested to find out how that came about. I thought you said that -- Do you remember what the original fiscal cost to the bill was?

REPRESENTATIVE KEN LEGLER: I have the bill. I have the fiscal analysis in front of me. It says there's no fiscal.

REPRESENTATIVE JESSICA FARRAR: No. But to the original bill? Do you remember what the original analysis was?

REPRESENTATIVE KEN LEGLER: This is the bill that we are talking about right now.

REPRESENTATIVE JESSICA FARRAR: But your original bill.

REPRESENTATIVE KEN LEGLER: This is the bill that we're talking about. There is no other bill. This is the bill that we're talking about.

REPRESENTATIVE JESSICA FARRAR: But your original bill had three FTEs and two hundred fifty thousand a year. And the substitute is asking the agency to do more. So I'm just wondering how you were able to accomplish that.

REPRESENTATIVE KEN LEGLER: The bill in front of me says that there is no fiscal implementation on the State of Texas.

REPRESENTATIVE JESSICA FARRAR: Okay. I would like to refer you to Section 1F of your bill. Because I believe it will impose more cost. This says that any rule not proposed is adopted in strict compliance with the procedural requirement of this section is invalid; is that correct?

REPRESENTATIVE KEN LEGLER: All I know is that this bill that came in says that there is no fiscal cost.

REPRESENTATIVE JESSICA FARRAR: I understand that. And we know that fiscal -- The analysis can be tinkered with and sometimes is. But so my question is if anyone challenges the rule making, though, is there anything at all wrong with it a judge doesn't even have discretion then?

REPRESENTATIVE KEN LEGLER: Again, the intent of this bill is to provide transparency and disclosure by requiring that the TCQ do a regulatory analysis identifying the costs and environmental effects of proposed regulation.

REPRESENTATIVE JESSICA FARRAR: Okay. I understand that. And I'm trying to get off of that and into some of the details, because I am concerned that there might be a conflict with the Administrative Procedure Act. In Section 2001.035B of the Administrative Procedure Act, it says that the mere technical defect that does not result in prejudice to a person's rights or privileges, is not grounds for invalidation of the rule. But back to what I was saying, and if you don't have enough manpower in the agency, if anyone challenges one of these rule makings and there isn't anything at all wrong with it, the rule is considered automatically invalid; according to your substitute. So I'm just concerned that a judge doesn't even have discretion to correct minor or technical details. Do you show that concern?

REPRESENTATIVE KEN LEGLER: I don't see the concern there now.

REPRESENTATIVE JESSICA FARRAR: Well, I'm concerned that that means that it will be easier to invalidate environmental rules and that means that all of the resources that went into doing the rule making and laws -- we already have a TCQ that will be doing more with less resources. And so I cannot believe this bill will have no economic impact on that agency. Do you have any comments to that?

REPRESENTATIVE KEN LEGLER: I'm -- Is that a question or is that a statement?

REPRESENTATIVE JESSICA FARRAR: I'm asking if you share that concern. I don't --

REPRESENTATIVE KEN LEGLER: The bill says there's no fiscal implementation.

REPRESENTATIVE JESSICA FARRAR: Pardon me?

REPRESENTATIVE KEN LEGLER: The bill, the financial analysis says there's no cost.

REPRESENTATIVE JESSICA FARRAR: I know that. And I that know we do different things with the bill analysis and fiscal notes all the time. So I'm just wondering how you got to that when you are asking the agency to do more.

REPRESENTATIVE KEN LEGLER: They are the ones who gave me the paperwork. I didn't fill the paperwork out.

REPRESENTATIVE JESSICA FARRAR: Thank you, Mr. Legler.

REPRESENTATIVE KEN LEGLER: You are welcome. I move passage.

THE SPEAKER: Chair recognizes Ms. Button for a recognition.

REP. ANGIE CHEN BUTTON: Thank you, Mr. Speaker. Members, please pay attention to the gallery. There's a handsome couple there. My dear friends, Joe Chow (inaudible) and his lovely wife, Kiki. Welcome to the Capitol. Thank you.

THE SPEAKER: Representative Pickett for an announcement.

REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker and members. We are almost done. We are going to go back to the defense (inaudible) affairs and committee members after this last amendment and vote on the bill. Thank you. If that's okay with Mr. Taylor.

THE SPEAKER: Members, this is an important motion I want you to be aware of. Representative Hunter moves to suspend Rule 2, Section 1A9 of the House rules to permit House Bill 500 and House Bill 6 to be sent to the Senate in the form of engrossed riders and rule for full engrossment. Any objection? Chair hears none. So ordered. Amendment. Clerk will read the amendment.

CLERK: Amendment by Castro.

THE SPEAKER: Chair recognizes Representative Castro to explain his amendment.

REPRESENTATIVE JOAQUIN CASTRO: Thank you, Mr. Speaker and members, and you've heard the lay out of this bill and some of the discussions and concerns about it. There's no doubt I think that there would be some benefit from a kind of thorough analysis of the information requested. On the other hand, I do think that it's inaccurate that there's no cost to this. But what my amendment does is try to balance out the report a little bit so that it is comprehensive and not slanted. In addition to the cost, which is already in the bill, and the environmental effect, and the analysis of the impact on small business; what my amendment would do is also analyze any potential savings and also analyze the -- whether we would be losing out on any federal or any other sources of money by not adopting the specific rule. So we are going to do a comprehensive analysis rather than just a simple analysis about any potential harm. We're looking at both sides of this through this amendment.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker, would the gentleman yield?

THE SPEAKER: Mr. Castro, would you yield for some questions?

REPRESENTATIVE JOAQUIN CASTRO: I do.

THE SPEAKER: The gentleman yields.

REPRESENTATIVE LON BURNAM: Mr. Castro, so you are saying that your clarifying amendment would make sure that it's more a comprehensive economic analysis, therefore we would know whether or not we risk losing funds by not acting?

REPRESENTATIVE JOAQUIN CASTRO: That's right.

REPRESENTATIVE LON BURNAM: Thank you.

REPRESENTATIVE JOAQUIN CASTRO: That's right. And I think that it -- the author of the bill certainly has a point about the impact on small business and the impact on governmental entities. On the other side, we also want to find out whether by not adopting a rule we are not saving money or forgoing savings. And also whether we are forgoing federal l money because we are not adopting the rule. So we are trying to balance everything out and give a comprehensive rule look at the cost and benefits of adopting the rule or not adopting it. And that's all.

REPRESENTATIVE JESSICA FARRAR: Mr. Speaker?

THE SPEAKER: Ms. Farrar, for what purpose?

REPRESENTATIVE JESSICA FARRAR: Would the gentleman yield?

THE SPEAKER: Gentleman yield for questions?

REPRESENTATIVE JOAQUIN CASTRO: I will. Thank you.

REPRESENTATIVE JESSICA FARRAR: Mr. Castro , you heard my questions earlier. My concern is that TCQ's staff has been cut by three hundred SPE's and, at the same time, the bill is asking TCQ to do more; although Mr. Legler disagrees with that. So basically your amendment would help to bring in funding where we might be eligible for some of that funding and to alleviate some of those concerns and alleviate some of those burdens on an already over burdened staff?

REPRESENTATIVE JOAQUIN CASTRO: That's right. And, you know -- and I've offered -- I said look, I'd like to be able to support you guys on this bill, but I want to make sure that it's a balanced report, that we're not -- the state is not paying for a slanted report. And I don't think there should be anything wrong with collecting information from all perspectives. A true cost benefit analysis. And so that's what my amendment seeks to do.

THE SPEAKER: Representative Legler in opposition of the amendment.

REPRESENTATIVE KEN LEGLER: Yes. Members, speaker, now all good causes could be good. I don't know. This just came on at the last minute. Is this a good cause or no? May be it should be brought up as a bill and should go through the process (inaudible) like mine did. I believe that this bill that I have in front of me is good and clean and does a good job for the State of Texas. And I believe we need to keep this bill good and clean.

UNIDENTIFIED MALE SPEAKER: Mr. Speaker, would the gentleman yield for questions?

THE SPEAKER: Gentleman yield for some questions?

REPRESENTATIVE KEN LEGLER: Yes, sir.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE JOAQUIN CASTRO: Mr. Legler , you understand my intent of this amendment is just to figure out whether by adopting or not adopting a rule we might be forgoing federal money. And/or whether there's any cost savings to adopting a specific rule. You understand that that's all I'm trying to do?

REPRESENTATIVE KEN LEGLER: That may be what your intent is, and that may be a very good intent on your part; but I think you need to bet it out because I think there maybe some other circumstances that we're not aware of that is in this, or we have in there that may cause TCQ problems. So I do not know that answer. That's why I am going to try to keep this bill clean.

REPRESENTATIVE JOAQUIN CASTRO: Would you be amenable to postponing your bill for a few days so that we can all sort it out?

REPRESENTATIVE KEN LEGLER: No, sir. I worked very hard on this bill, worked a long time, and I think -- the members -- and I went to the committee and they heard. I think the members have a right to vote on this now.

REPRESENTATIVE JOAQUIN CASTRO: And I understand. But I think what is especially egregious in the legislative process is this idea that we can't amend anything on the floor. I mean at that point you may as well ban floor amendment.

REPRESENTATIVE KEN LEGLER: I did not say that.

REPRESENTATIVE JOAQUIN CASTRO: But you are falling back on the position that you did not have a chance to vet it in committee. I'm not on that committee with you. You know, I've been attending my committees, I've been working on my legislation. This is an opportunity for those of us who aren't authors of the bill, who aren't on the committees, to actually get a chance to work on the legislation with you.

REPRESENTATIVE KEN LEGLER: And your question? I'm sorry.

REPRESENTATIVE JOAQUIN CASTRO: Well, would you be amendable to postponing, if you have a problem, because this is on the fly?

REPRESENTATIVE KEN LEGLER: Like I said, and if I believe this amendment and there's an amendment that would cause some problems, I'm not sure what they are, but I believe that this bill is written and is good for citizens of Texas, and Texas. And I don't think we need to add anything on there. Next time bring it through the House and if I'm a reg I'm sure I will listen to it.

REPRESENTATIVE JOAQUIN CASTRO: Well, let me ask you this: You didn't -- when Representative Farrar asked you how many full-time employees the TCQ was getting cut, you didn't know that piece of basic information, did you?

REPRESENTATIVE KEN LEGLER: Excuse me, are we talking about the amendment?

REPRESENTATIVE JOAQUIN CASTRO: Yes.

REPRESENTATIVE KEN LEGLER: Your amendment?

REPRESENTATIVE JOAQUIN CASTRO: We are talking about my amendment on your bill.

REPRESENTATIVE KEN LEGLER: Okay. I don't know where that is in the amendment on my bill.

REPRESENTATIVE JOAQUIN CASTRO: You didn't know that there was going to be three hundred less employees at TCQ and you are claiming that there is no fiscal note here. Can you tell me why you have essentially written or asked for a report that is completely slanted towards industry?

REPRESENTATIVE KEN LEGLER: Again, are you talking about -- We are talking about your amendment, I don't see it in my amendment. If you want to later talk about your amendment I'll be more than happy to talk about your amendment.

REPRESENTATIVE JOAQUIN CASTRO: The reason for proposing this amendment is that I believe your report is completely slanted. So, do you realize and do you acknowledge that your report is a completely slanted one, from the steps of benefiting industry? You are essentially trying to throw up a roadblock with this report that is a complete favor to industry only, and you won't take an amendment that balances out and makes the report comprehensive. Do you acknowledge that?

REPRESENTATIVE KEN LEGLER: So your statement is that your amendment's purpose is to be on industry's (inaudible), is that what you are saying?

REPRESENTATIVE JOAQUIN CASTRO: No. I think your bill's purpose is to be slanted in a state that is already dead last when it comes to the environment. And my amendment -- my amendment to balancing doubt and make this report comprehensive.

REPRESENTATIVE KEN LEGLER: I don't understand. Again, you are bringing up the bill but you are talking about the amendment. I'm a little confused and I'm sorry, because I'm not a lawyer and educated that way. I'm just a poor, small businessman. So maybe --

REPRESENTATIVE JOAQUIN CASTRO: Representa tive, can you answer any questions about either the amendment or the bill?

REPRESENTATIVE KEN LEGLER: If you ask me a question about the amendment on this, of the amendment, then I will.

REPRESENTATIVE JOAQUIN CASTRO: Okay. How about this? How about I just speak against it real quick?

UNIDENTIFIED MALE SPEAKER: Mr. Speaker?

REPRESENTATIVE KEN LEGLER: I move to table.

THE SPEAKER: Representative Weber?

REPRESENTATIVE RANDY WEBER: Would the gentleman yield?

REPRESENTATIVE KEN LEGLER: I yield.

THE SPEAKER: Gentleman yields.

REPRESENTATIVE RANDY WEBER: Representativ e Legler, is it your understanding that when TCQ looked at these kinds of processes they have the basic facts, they know what businesses it will affect and the process will not really be that arduous and they will be able to make very informed decisions and make us aware of that as well. Isn't that true?

REPRESENTATIVE KEN LEGLER: Mr. Weber, if you are talking about the amendment, I don't know where that is involved on the amendment. But if you want to talk to me later on the bill, I'll be more than happy to.

REPRESENTATIVE RANDY WEBER: Okay. Very good. Good point. Thank you.

THE SPEAKER: Representative Castro to close on his amendment?

REPRESENTATIVE JOAQUIN CASTRO: Members, I would ask for your serious consideration on this amendment. If you look on your screens at what it does, it shouldn't be a very controversial thing. I'm not doing anything to the information that Representative Legler is asking for. In fact, I offered both he and Representative Chisum to support the bill, even though I do think there is probably a fiscal note on it. I just think that the report ought to be balanced. And if you look at the information that I'm requesting, it's not anymore -- it's just as reasonable as the things that they are requesting. And the reason that I request it because I think that this has got to be a balanced, comprehensive report. Not a slanted report either way. If we want a state like Massachusetts or California, you want a report that's completely against industry. Here we won't want a report that's completely for industry. So this amendment seeks to a balancing out in the information that they give back to us. And that's all.

THE SPEAKER: Representative Castro offers up an amendment. Representative Legler moves to table. The question occurs on the Castro amendment to be tabled. All those in favor vote aye. Those opposed vote no. It's a division vote. Representative Legler is voting aye. Representative Castro is voting no. Show Representative Chisum voting aye. Representative Strama voting no. Have all voted? Representative Farrar voting no. Have all voted? There being 84 ayes, 43 nays, 2 present not voting; the amendment is tabled. Thank you, Mr. Castro. Chair recognizes Representative Legler to close on the bill. I'm sorry, is there anyone else wishing to talk for or against the bill? Chair recognizes Representative Legler to close.

REPRESENTATIVE KEN LEGLER: I move passage.

THE SPEAKER: Question occurs on the passage of House Bill 125. Record vote has been requested. The record vote is granted. Clerk, would you please ring the bell? Have all voted? Have all voted? There being 113 ayes, 27 nays, 2 present not voting; House Bill 125 is passed for engrossment. Chair recognizes Representative Taylor for a motion.

REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker. I move to suspend all necessary rules to allow the House to take up House Bill 2271 and House Bill 1808, at 9:00 a.m. 2271 being the Racing Sunset Bill and 1808 being the Sewer and Water Conservation Bill, at 9:00 a.m. tomorrow morning.

THE SPEAKER: Is there any objection members? This is a suspension of the House rules so that we may take up the two Sunset Bills at 9:00 a.m. tomorrow morning. Is there any objection, members? There are not eligible until 10:05 a.m. It is a record vote. The clerk will please ring the bell. Members, here we are. Show Representative Eiland voting aye. Representative Smith voting aye. Have all voted? Have all voted? There being 143 ayes, 0 nays, 1 present not voting; the rules are suspended. Following announcements -- Members, please listen to these announcements on committee meetings this evening. The clerk will read the announcements.

CLERK: The Committee on Natural Resources will meet at 4:00 p.m. or upon final adjournment on April 7th, 2011, at the Agriculture Museum at 1W.14. This will be a formal meeting to consider pending business and SB 433, SB 475, SB 512, SB 525, SB 564, SB 569, SB 629, SB 684, SB 691, SB 727, SB 737, SB 813, SB 832. The Committee on Higher Education will meet on final adjournment on April 7th, 2011, at the House Chamber at Desk 94. This will be a formal meeting to consider pending business. The Committee on Licensing and Administrative Procedures will meet upon final adjournment today, April the 7th, at desk 122. This will be a formal meeting to consider pending business. The Committee on Pensions, Investments and Financial Services will meet upon final adjournment on April 7th, 2011, at 1W.14. This will be a formal meeting to consider pending business.

THE SPEAKER: Ms. Marquez? Chair recognizes Representative Marquez for a motion.

REPRESENTATIVE MARISA MARQUEZ: Yes. Thank you, Mr. Speaker and members. I'd like to suspend all the rules, the 5-Day Posting Rule and all the necessary rules to allow the Committee on County Affairs to consider HB 3788 by Marquez, relating to the authority of a council county civil service commission to administer oaths and issue subpoenas; and providing a penalty. And HB 2116, Coleman relating to standards of care and confinement for dogs and cats; and providing a penalty, upon final adjournment, today, April 7th, in E2.016.

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

CLERK: The Committee on County Affairs will meet upon final adjournment on April 7th, 2011, at E2.016. This will be a public hearing to consider HB 3788 by Marquez, HB 2116 by Coleman and the posted agenda.

THE SPEAKER: Members, any other announcements? Please bring them down to front if you have any other announcements, members. Representative Riddel moves that the House stand adjourned until 9:00 a.m., members; 9:00 a.m. tomorrow morning.

(The House stands adjourned.)