SPEAKER OF THE HOUSE: The House will come to order. Members please register. Have all individuals registered? Have all registered? Quorum is present. The House and gallery please rise for the invocation. The Chair recognizes Representative Creighton to introduce our pastor of the day.
REPRESENTATIVE CREIGHTON: Mr. Speaker, Members, thank you. Members, Pastor Dennison is my pastor from First Baptist Church of Conroe. He was raised in Houston, educated in Houston Baptist University and Southwest Theological Seminary. Served as pastor of three churches throughout Texas over the past 27 years. He came to First Baptist Church in Conroe last year. He lived in my District with his wife Beth, and it's my privilege to introduce my pastor, Dr. Mark Dennison to lead our invocation.
PASTOR DENNISON: Would you pray with me. Our will loving and generous Father, we step in your presence today with a real sense of awe and irreverence. We know that you're uniquely carrying about all of the affairs of this world, our country and our state. We pray for your divine inspiration and leadership for those in national office. But today we especially lift up our great government and this great body in particular. For our elected Representatives, we pray for an unusual endowment of insight and wisdom, as they wrestle with difficult issues in difficult times. May they seek you in every decision. Give to them a fresh vision and unit of purpose. Forgive us for the mistakes of the past and may your light guide our tomorrow. And now may your rich blessings fall upon the great State of Texas, your leaders and your citizens. Thank you for the opportunities of this day to lead, to inspire, to work together and to follow your will. We offer this prayer in the name of Christ, our Savior and our Lord. Amen.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Frullo to lead us in a pledge.
REPRESENTATIVE FRULLO: Good morning, Members and honored guests. Please join us in our pledge allegiance to the state, to the country and to the State of Texas.
(Pledges of allegiance)
SPEAKER OF THE HOUSE: The Chair recognizes Anchia and Lawson to introduce our doctors of the day.
REPRESENTATIVE ANCHIA: Thank you, Mr. Speaker and Members. We've got a number of State Representatives up here fighting to introduce the doctor of the day. I want you to join me in welcoming the doctor of the day, Dr. Oracio Ramirez of Great Northwest Family Medical Center in San Antonio. Dr. Ramirez has been active in medical practice for over 29 years. And during this time, he's distinguished himself among his colleagues, as well as his community with numerous recognitions and professional appointments, including as a fellow of the American Academy of Family Practice, of Best Doctor in America award, the San Antonio and Texas Monthly Top Doctor's Award. Most importantly, Members, Dr. Ramirez is the older brother of my beautiful wife, Marissa Ramirez, Ms. Jim Hogg County, 1995, and he is also the son of Oracio Latero Ramirez, the former county judge of Jim Hogg County. And Angelina Margo Ramirez, a relative of Representative D. Margo. Joining me up here on the dais is Representative Menendez. That is the Representative who has the area where Great Northwest Family Medical Center is. Dr. Ramirez is also a constituent of Representative Larson and a friend of Representative Raymond. So please, Mr. Speaker and Members, please join me in welcoming Dr. Ramirez to this House of Representatives and serving as the doctor of the day. Thank you, Mr. Speaker and Members.
SPEAKER OF THE HOUSE: Representative Frullo moves that the House stands at ease till the end of today's business. Is there any objection? The Chair hears none. So ordered. Mr. Lozano for what purpose?
REPRESENTATIVE LOZANO: Mr. Speaker, would the Chair recognize me to make a motion to vacate the Chair?
SPEAKER OF THE HOUSE: Not at this time, Mr. Lozano.
REPRESENTATIVE CREIGHTON: Thank you very much.
THE CLERK: HCR 139. HCR 132. HCR 119. HCR 2785. HB 2680. HB 2559. HB 1917. HB 1832. HB 1806. HB 1527. HB 1404. HB 1322. HB 841. HB 755. HB 610. HB 571. HB 444. HB 438.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Raymond.
REPRESENTATIVE RAYMOND: Mr. Speaker, Members. I'd like to move to suspend all necessary rules to take up and consider HR 1243, recognizing Harry Cabluck.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Any objection? Chair hears none. So ordered. The following Resolution. The clerk will read the Resolution.
THE CLERK: HR 1243 by Raymond, with
(inaudible) an Texas voters, Harry Cabluck has enjoyed an extraordinary career more than half a century. His passion for photography began after visiting his uncle when he was in the 6th grade. He went off to gain experience in the newspapers and the yearbook staff at Riverside High School in Fort Worth. At the same time he began to take forensic photographs of vehicles involved in accidents, which he was alerted to because of his family's business. And within the late 1950s, Mr. Cabluck joined the Fort Worth Star Telegram. He covered the John F. Kennedy's fateful visit to Texas in November, 1963, taking some of the last images of the President when he was in Fort Worth. And later riding in the motorcade in Dallas. Mr. Cabluck's joined the Associated Press in 1969 and worked in Pittsburgh and Columbus, Ohio, before returning to his home state. Throughout his 40-year tenure, he photographed ten presidents, two Olympics and countless Super Bowls, World Series and National Championship Games. And most recently, the Pittsburgh, Franco Harris and his immaculate reception during the 1972 playoff game. The photo was later engraved to a cereal box. In jubilation of the Red Socs, he captured Carlton Fitz after a homerun that won the first game of the 1975 World Series. Mr. Cabluck was known for his quick moves on the field while covering baseball, earning him the nickname, Dancing Bear. And when seen posted in 1989, Mr. Cabluck has photographed numerous elected officials, including former Governor George W. Bush, Governor Rick Perry and most Members of the Texas Legislature as well as plenty of Texas Longhorns football games since December, 2009. He works freelance, and he shoots a range of subjects throughout Texas as his quest for the perfect photograph continues. And with his decades behind the camera, Mr. Cabluck has won respect and admiration of his fellow photo journalists, many of whom he has mentored and what is affectionately called the Cabluck School of Photography. He is famous for the massive 800-millimeter lens that he has carried around for more than half of his career in spite of a 32-pound bag. Through his images, Harry Cabluck has informed, moved and delighted people across Texas and the nation. The Lone Star State is proud to claim this hard working and talented photographer as a native son. Now, therefore be it resolved that the House of Representatives of the 82nd Texas Legislature hereby commends Harry Cabluck on his half century of service as a photo journalist and extends him sincere best wishes for continued success and happiness. And be it further resolved that an official copy of this Resolution be prepared for Mr. Cabluck and expressly regards of the Texas House of Representatives.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Raymond.
REPRESENTATIVE RAYMOND: Thank you, Mr. Speaker, Members. They say it was true that a picture is worth 1,000 words, and Harry Cabluck is worth a million. Unlike many of you in this Chamber, Harry is a modest man, and so he didn't want me to talk about him. He didn't really want me to do this Resolution. But the reason I wanted to do this is I knew all of you would agree that I know enough to know that Harry is one of the great Texas treasures. In my view and in my life experience, there hasn't been a better photographer from the State of Texas than Harry Cabluck. And his work hasn't only been confined to the State of Texas. The fact is, he has covered various presidents through his career, Olympic games, World Series, very serious shots from football, you know, the immaculate reception that Franco Harris made for the Pittsburgh Steelers when they first began their run to win four world championships, Harry caught it when no one else did. Jack Nicklaus, when he won his fifth Master's, Harry was the only photographer in position to get his expression the moment that he won it. But beyond all that, and perhaps more importantly, he covered us. He covered the Texas House of Representatives. And these reporters who are back here, you guys are sitting back there in the box, their stories wouldn't be nearly as good if it hadn't been for the picture that accompanied so many of those stories when Harry took the pictures. He was able to express, Members, in a way that no one else has through our history here what happened here. So many of the events that occurred in this House of Representatives, and he captured them in a beautiful way. In a way that people could just look at the picture and figure out what was going on. We are very, very lucky to have Harry Cabluck be here with us today. We are very fortunate that he is a Texan through and through, and has experienced some of the most memorable moments in our history, including being part of a motorcade in 1963, when President Kennedy was in Dallas. He was there for that, as well. So, Members, I hope that you'll come up and say hello to Harry. He's not retired. He's still shooting pictures. This is the first Session, though. He's not been here in the Chamber in a long time, so I wanted to make sure that we brought him in. With that, Mr. Speaker, Members, I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Representative Branch moves to add all Members' names. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Branch.
REPRESENTATIVE BRANCH: I really want to thank Representative Raymond for bringing this, because in the photography world, Harry Cabluck is the man. And he has been a wonderful member of this community. And, Harry, we really are grateful for your -- don't try and sneak away -- for your presence has made this place a better place, and we're grateful to you and we love you, Harry.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Perry for a recognition.
REPRESENTATIVE PERRY: Thank you, Chair, Members. I'd like to welcome the members of Plains High School to the Capitol. She's standing up over on the right side. We have the advisors, Lou, Jim, Jenna and John, and the Cassandra, Stephanie, Josh, Autumn, Parker, Jose, Slamar, Justin, Colby, Jasmine, Whitney, Taylor, Jonathan and Kaley. These guys are sitting in the south gallery, and I hope you'll be stand and be recognized. They're in Plains ISD, out of Plains High School in my District. Guys, we welcome you to your Capitol. Thank you.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Larson.
REPRESENTATIVE LARSON: Mr. Speaker, Members, I'd like to welcome the Reagan girls golf team. Let's all stand up there in the northeast corner of the gallery. We've got Ainsley, Carlee, Meredith, Christin, Kelly, Gabby, and then Coach McQueeson. Good luck this week. I know that you all fought through District, and I appreciate you coming up and enjoying your Capitol. Thank you all.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Menendez for a recognition.
REPRESENTATIVE MENENDEZ: Thank you, Mr. Speaker and Members. I'd like you all to recognize a group of students visiting today from Vale Middle School, along with their principal, Ms. Erica Forester. These wonderful students are going to be working today. They're visiting their Capitol and working in the Senate. Would you please stand in the east gallery? Let's welcome them to their House and please pay attention, folks, as hopefully one day you'll be here to represent us and work on behalf of your state. Welcome to your Capitol. Glad you're here and hope you have a great day. Thank you, Members.
SPEAKER OF THE HOUSE: Members, we're going to do a little bit of a cleanup from last evening. Last night, Representative Lottenberg supported in the House and defended House Bill 1979. Mr. Lottenberg moves to lay House Bill 1979 on the table, subject to call. Is there an objection? The Chair hears none. So ordered. Thank you. Members, last night Representative Torres supported the SB for HCR 1316. Representative Torres lays House Bill 1316 on the table subject to call. Is there an objection? The Chair hears none. So ordered. Is Representative Johnson on the floor of the House? Is Representative Phillips on the floor of the House? Is Representative Solomons on the floor of the House? Members, we're about to begin a Memorial Resolution. Please take your seats or move your conversations outside of the rail. The Chair recognizes Representative Branch.
REPRESENTATIVE BRANCH: Thank you, Mr. Speaker, Members. I move that we suspend all necessary rules to take up HCR 155 in memory of Shirley Byrd Perry, Senior Vice-President at the University of Texas at Austin.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair lays out the following Resolution. The clerk will read the Resolution.
THE CLERK: HCR 155 by Branch, Shirley Byrd Perry, whose associations with the University of Texas at Austin spans six decades and made an incalculable contribution both to the university and to the UT system passed away on May 4, 2011, at the age of 74. And whereas, and was a fifth generation Texan, Mrs. Perry was born to Homer and Laura Stevenson Byrd near Stanton in 1936. She arrived at UT as a freshman in 1954. And though the campus was vastly larger than the small town high school she had attended, she thrived on the 40 acres. While as an undergraduate, she served on the Texas Union Board of Directors, and was passed for membership in the Orange Jacket & Motor Board. Her senior year she was named Most Outstanding Woman Student by the association. And after graduating with a degree in education after 1958, Mrs. Perry worked as Program Director for the Texas Union before moving to California, where she found a teaching position. A year in the classroom with 7th graders quickly persuaded her that her future lay elsewhere, and she returned as Program Director of the Texas Union in 1960. Over the next decade, she focused on providing a diverse array of programs for UT students and organized appearances by such figures as Martin Luther King, Jr., Robert Kennedy and Marion Moore. While also earning a Master's degree in educational psychology from UT in 1967, she became Director of the Union in 1972. It was during her time there Mrs. Perry played an active role in the Association of College Unions International, becoming the first woman to be elected to the group's Executive Committee and the first woman to serve as ACUI President. In 1976, she left the university for a brief period to serve as coordinator of the ACUI Educational Program & Services. And Shirley Byrd Perry returned to the University of Texas in 1979 when Dr. Pete Swaw named her assistant to the president and coordinator of the University's Sentinel of Servants. Her new responsibilities included overseeing the activities of the Bicentennial Commission, a series of commemorative events and the Capitol Endowments and the funds for electoral ships and scholarships. In 1981, she was promoted to Vice-President; and in 1983, the culminating the year of the Bicentennial celebration, she became Vice-President for Development & Community Relations. As Mrs. Perry continued in that capacity under Dr. William Cunningham, who followed Dr. Swaw as university President in 1985. When Dr. Cunningham stepped down in 1992 to become Chancellor of the UT system, he didn't want to lose such a priceless assistant and persuaded Mrs. Perry to accompany him, naming her Vice Chancellor for Development & External Relations. Her duties for the UT system included directoring, fund-raising operations, public affairs programs, and the management of estates and trusts and event planning, among other activities. It was in 2004 Mrs. Perry resigned her office as Vice-Chancellor to rejoin the administration at the university, accepting a position as Senior Vice-President. In addition to overseeing fund-raising efforts of the UT President and coordinating the visits to communities around the state. She worked with the Thurgood Center for American History to more fully document the history of the university she loved so well. And was honored repeatedly throughout her career. Shirley Byrd Perry received the top hand award and the distinguished Aluminous Award from the State of Texas in 1984 and 2005 respectively. An award of distinction from the UT Parents Association in 1992, and a Presidential Biociation, the highest recognition inferred from the University of Texas in 2010. In addition, the Texas Union has created the Shirley Byrd Perry Leadership Award to honor outstanding students. And the UT President with whom she served has established the Shirley Byrd Perry Endowment Fund for University History. Mrs. Perry also received accolades for her work from the Association of College Unions International, the Council for the Advancement and Support of Education, and the National Association of State Universities and Land Grant Colleges. Shirley Byrd was married to Sam R. Perry, uniquely fervent UT Alum, an Austin attorney. In 1963 they shared a devoted union until her passing. And was consummate skills. As an additory, Mrs. Perry had an unerring timeliness, and unerring instinct, and inexhaustible energy, an immaculate knowledge of the university, its history and its inner workings. Over the years, her endeavors helped to build the foundation on which the reputation of the university rests. And her wise counsel informed myriad decisions by university and system leaders. She was in the word of one, the caretaker for UT's soul, and she will be deeply and sorely missed. Now, therefore, be it resolved that the 82nd Legislature of the State of Texas hereby pays tribute to the life of Shirley Byrd Perry and extends sincere sympathy to the members of her family. To her husband, Sam R. Perry, to her sisters and brother-in-law, Mary Jane L. Johnson, Virginia Byrd Tavis and Cassy Byrd Weber. To her nephew, Charles Potter, and to her great nephews, Jake and Trevor Cotter. To her cousin, Bert Byrd and her sisters-in-law, Holly Perry Vincent and her son, Blaire and Scott Franklin. And her family and Sinkey Cubiak and her husband LB Cubiak and her children, Lindsey and Logan. And forever relevant, and her other relatives and many friends. And be it further resolved, this is an official copy of this Resolution prepared for her family. And when the Texas House of Representatives and Senate adjourns this day, they do so in memory of Shirley Byrd Perry.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Branch.
REPRESENTATIVE BRANCH: Thank you, Mr. Speaker, Members. If ever a person can personify the spirit of an institution or even a system, Shirley is that person. That person was Shirley Byrd Perry. She was a long-time administrator, as was mentioned, at UT Austin, and passed away just in the last few days after a truly valiant struggle with cancer. She was affectionately known to her friends as Shirley Byrd, and was with the university, as was mentioned, for six decades, going from student leader to ultimately university and system leader. She was one that at every event, we'll really miss her, because she sort of was such a welcoming force, really, for that university. Friends and family remember Shirley Byrd for her boundless energy, always her grace even under fire, and her terrific sense of humor. Past UT Presidents have showered accolades on her and showcased the magnitude of her contributions. President Faulkner lauded her tremendous, invaluable judgment. Peter Flaughn called her a treasure. Bill Cunningham said that she knew more about the institution than anyone he'd ever known. And our current President, Bill Powers, who's with us today, said that it is a gift in life to be able to do the work one loves to do, even better is when that work serves the public good by improving the lives of millions of Texans. Shirley Byrd is survived by her husband Sam, who's also with us today on the dais, along with Sherry Franklin, her niece, and Sherry's daughter, Jenna Franklin. And I'd also like to mention that part of her family and friends are in the south gallery, certainly her UT family, Nancy Brastle and Nelson Meets, Carlos Martinez and Gwen Grisby, and also Janey Weiscup, who's been working with Shirley Byrd for many years in the present office. And so today, it's an honor for us as a state to honor someone who personified UT. She was a first-rate Texan. She will be sorely missed by so many in this community. And today, Members, it's our privilege and high honor to memorialize a life well lived, that of Shirley Byrd Perry. At this time, I move passage.
SPEAKER OF THE HOUSE: Members, this is a Memorial Resolution. All those in favor, please rise. The Resolution is unanimously adopted. The Chair recognizes Representative Naishat.
REPRESENTATIVE NAISHTAT: I'd like to move that all Members' names be added to this Resolution.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Johnson for a motion.
REPRESENTATIVE JOHNSON: Thank you, Mr. Speaker. I move to take up and consider HR 1837.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair lays out the following Resolution.
THE CLERK: HR 1837 by Johnson honoring the 4th Avenue Baptist Church in Dallas on its fifth anniversary of its founding.
REPRESENTATIVE CREIGHTON: Move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Members, we're about to begin the Local and Consent Calendar. If you have any bills on Local and Consent, this might be a good time to get ready. The Chair recognizes Mr. Menendez for a recognition.
REPRESENTATIVE MENENDEZ: Thank you, Madame Speaker. Members. I'm joined by several of my colleagues from around the state who want to welcome some of our friends from the Homony Science School. I see the Board President from the Homony Science Schools. Would all of the folks please stand and be welcomed as we welcome you to your Texas House. I know that so many of us have Homony any Science Schools in our Districts and are very happy to have you here. Also, Members, I'd like you to know that they've invited us to a lunch today in E 202 down in the extension. And they're going to have a science exhibit of some of the wonderful award winning science projects that they've had over the years. And today's going to be Homony Science Day at the Capitol. Welcome to your Capitol. We're glad you're here and thank you for all the good work that you do. Thank you, Madame Speaker.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Patrick for a recognition.
REPRESENTATIVE PATRICK: Madame Speaker, Members, this is an announcement for the class of 2007. If you're listening, we're going to take a class picture here on the Speaker's dias at the end of the Local and Consent Calendar.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Larson for an introduction.
REPRESENTATIVE LARSON: Mrs. Speaker, Members and guests. John Kipple's birthday is today, and all of us have come to know John and really appreciate what he does for this House. So happy birthday, John Kipple.
SPEAKER OF THE HOUSE: Members, we're ready to begin consideration of the Local and Consent Calendar. Please be ready if you have any bills on the calendar. The Chair recognizes Representative Thompson to explain House Bill 590.
REPRESENTATIVE THOMPSON: Madame Speaker, Members, this is to amend the sales tax report as we allocate those sales tax revenues. And I have a preapproved Amendment by the Committee.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Thompson.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson to explain the Amendment.
REPRESENTATIVE THOMPSON: Ms. Speaker, Members, this is just a response of local revenues that was previously allocated to the local governments, and the response of these will be given back to the sisters. I move approval.
SPEAKER OF THE HOUSE: The question is on the adoption of the Amendment. Is there an objection? Chair hears none. So ordered. The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 590. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Menendez to explain House Bill 1128.
REPRESENTATIVE MENENDEZ: Thank you, Madame Speaker and Members. House Bill 1128 is a bill that would ensure that people in county and municipal jails are treated with clarity when it comes to their medical condition. And I move passage and adoption.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1128? The Chair hears none. Lays out House Bill 1128. The clerk will read the bill.
THE CLERK: House Bill 1128 by Menendez moves to consent of medical treatment by certain decision makers on behalf of certain inmates.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 1128. The third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Farias to explain House Bill 1784.
REPRESENTATIVE FARIAS: Madame Chair, Members, 1784 is an issue memorandum of understanding regarding --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1784? The Chair lays out House Bill 1784. The clerk will read the bill.
THE CLERK: HCR 1784 by Farias relating to requiring the memorandum of understanding regarding the public reporting information system --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Farias.
REPRESENTATIVE FARIAS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on the third reading of House Bill 1784. Is there an objection? The Chair hears none. So ordered.
SPEAKER OF THE HOUSE: The Chair calls on Representative Naishtat to explain House Bill 1797.
REPRESENTATIVE NAISHTAT: Members, move passage.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1797? Chair hears none. So ordered. The clerk will read the bill.
THE CLERK: HB 1797 by Naishtat relating to the practices of social workers --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Naishtat.
REPRESENTATIVE NAISHTAT: Move passage.
SPEAKER OF THE HOUSE: The question occurs on the passage, the third reading of House Bill 1797. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Thompson to explain House Bill 2096.
REPRESENTATIVE THOMPSON: Madame Speaker, Members, this is for a writ of habeas corpus.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2096? The Chair hears none and lays out House Bill 2096. The clerk will read the bill.
THE CLERK: HB 2096 by Thompson relating to the --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2096. Is there an objection? The Chair hears none and lays out House Bill 2096. So ordered. The Chair recognizes Representative Hernandez-Luna to explain House Bill 2102. REPRESENTATIVE HERNANDEZ-LUNA: Thank you, Madame Speaker, Members. House Bill 2102 would ensure --
SPEAKER OF THE HOUSE: For what purpose, Mr. Berman? Do you yield?
REPRESENTATIVE BERMAN: To ask the Vice-Chairman a question. REPRESENTATIVE HERNANDEZ-LUNA: I yield.
REPRESENTATIVE BERMAN: I support your bill totally. My wife went through this, and I was just wondering if you could tell me what happened in your bill, what it does. REPRESENTATIVE HERNANDEZ-LUNA: It would require that if a woman has breast tissue that the healthcare provider provides an additional gene screening in addition to tomography. Have an ultrasound. Thank you.
REPRESENTATIVE CREIGHTON: Thank you, Mr. Berman.
REPRESENTATIVE BERMAN: Madame Speaker.
SPEAKER OF THE HOUSE: Representative for what purpose?
REPRESENTATIVE BERMAN: Will the lady yield?
SPEAKER OF THE HOUSE: Will you yield? REPRESENTATIVE HERNANDEZ-LUNA: I yield.
SPEAKER OF THE HOUSE: The lady yields.
REPRESENTATIVE BERMAN: Representative Hernandez-Luna, can you tell us whether this bill increases any mandates on the standard insurance, self-insurance policy? REPRESENTATIVE HERNANDEZ-LUNA: It would require an additional screening if there's dense breast tissue and additional risk factors for breast cancer. But what we've heard in the industry, it would not increase premiums because most of them are already included.
REPRESENTATIVE BERMAN: Okay. So if it's not increasing premiums, are you exchanging one procedure for another? REPRESENTATIVE HERNANDEZ-LUNA: No. What we've heard from the industry, that they already include this in their plan.
REPRESENTATIVE BERMAN: I just want to make sure that this is not adding an additional mandate in the policy? It's not increasing any premiums? REPRESENTATIVE HERNANDEZ-LUNA: According to the testimony received, it's not.
REPRESENTATIVE BERMAN: Can we have that recorded in the journal?
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2102. Chair hears none and lays out House Bill 2102. The clerk will read the bill.
THE CLERK: HB 2102 by Hernandez-Luna regarding the requirement of certain health benefits.
SPEAKER OF THE HOUSE: The Chair recognizes Representative HERNANDEZ-LUNA. REPRESENTATIVE HERNANDEZ-LUNA: Move passage, move adoption.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2102, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Jackson to explain House Bill 2103.
REPRESENTATIVE JACKSON: Madame Speaker, House Bill 2103 allows letters of credit from --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2103? The Chair hears none and lays out House Bill 2103. The clerk will read the bill.
THE CLERK: House Bill 2103 by Jackson relating to the consideration of a letter of credit --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Jackson.
REPRESENTATIVE JACKSON: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2103. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative King of Parker to explain House Bill 2247.
REPRESENTATIVE KING: Madame Speaker, Members, this allows us to draw down federal dollars for an at-risk school program.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2247? The Chair hears none and lays out House Bill 2247. The clerk will read the bill.
THE CLERK: HB 2247 by King relating to the eligibility --
SPEAKER OF THE HOUSE: The Chair recognizes Representative King of Parker.
REPRESENTATIVE KING: Move passage.
SPEAKER OF THE HOUSE: The Chair calls on the passage of the third reading of House Bill 2247. Is there an objection? Chair hears none. So ordered. The Chair recognizes Representative Coleman to explain House Bill 2316.
REPRESENTATIVE COLEMAN: Thank you, Madame Speaker. 2316 authorizes the county to provide more services to our --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2316?
REPRESENTATIVE COLEMAN: And there are two Committee Amendments.
SPEAKER OF THE HOUSE: The following Amendment, the clerk will read the Amendment. Is there objection to consideration of House Bill 2316? The Chair hears none and lays out House Bill 2316.
THE CLERK: HB 2316 by Coleman relating to the administration of certain county services and duties --
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Coleman.
REPRESENTATIVE COLEMAN: Thank you, Madame Chair. This removes Section 3 by request of the Governor's office.
SPEAKER OF THE HOUSE: Members, you've heard the Amendment. The question occurs on passage of the Amendment. Is there an objection? The Chair hears none. So ordered. The following Amendment, the clerk will read the Amendment.
THE CLERK: Amendment by Coleman.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Coleman to explain the Amendment.
REPRESENTATIVE COLEMAN: Thank you, Madame Speaker. This is another provision that is being removed by request of the Governor's office.
SPEAKER OF THE HOUSE: The question is on the adoption of the Amendment. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Coleman.
REPRESENTATIVE COLEMAN: I move adoption.
SPEAKER OF THE HOUSE: The question occurs on the passage of the third reading of House Bill 2316. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Flynn to explain House Bill 2363. REPRESENTATIVE Flynn: This creates a local and municipal ordinance.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2363? The Chair hears none and lays out House Bill 2363. The clerk will read the bill.
THE CLERK: HB 2363 by Flynn relating to the creation of the Bear Creek Municipal District of --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Flynn.
REPRESENTATIVE FLYNN: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 2363. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Shelton to explain House Bill 2380. The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Madame Chair, I'd like to withdraw the bill at this time.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Thompson to explain House Bill 2425.
REPRESENTATIVE THOMPSON: Madame Speaker and Members, this gives notice of the Attorney General of challenges to the Constitution --
SPEAKER OF THE HOUSE: Is there an objection to House Bill 2425? The Chair hears none and lays out House Bill 2425. The clerk will read the bill.
THE CLERK: House Bill 2425 by Thompson relating to notice of the Attorney General of challenges to the Constitution --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson. The following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Thompson.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: This gives the Attorney General the right to intervene if he needs to.
SPEAKER OF THE HOUSE: The question occurs on adoption of the Amendment. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2425 as amended. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Naishtat to explain House Bill 2492.
REPRESENTATIVE NAISHTAT: It allows incapacitated adult children to receive funds in the state case.
SPEAKER OF THE HOUSE: Is there an objection to House Bill 2492? The Chair hears none. So ordered and lays out House Bill 2492. The clerk will read the bill.
THE CLERK: HB 2492 by Naishtat relating to the family allowing treatment of --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Naishtat.
REPRESENTATIVE NAISHTAT: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2492. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Isaacs to explain House Bill 2592. 2595.
REPRESENTATIVE ISAACS: Thank you, Madame Speaker. This bill allows early voting ballots at --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2595? The Chair hears none and lays out House Bill 2595. The clerk will read the bill.
THE CLERK: HB 2595 by Isaacs relating to the voting receipt and storage of mail in ballots.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Isaacs.
REPRESENTATIVE ISAACS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2595. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Solomons to explain House Bill 2702.
REPRESENTATIVE SOLOMONS: Thank you, Madame Speaker. This Chair updates the statutes reflect most owe.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2702? The Chair hears none and lays out House Bill 2702. The clerk will read the bill.
THE CLERK: HB 2702 by Solomons relating to the application of classified taxes of political subdivisions according to the population.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Solomons to explain the Amendment.
REPRESENTATIVE SOLOMONS: Oh, the Amendment just changes -- it was a typo. It says the Health & Safety Code to the Government Code.
SPEAKER OF THE HOUSE: The Chair lays out the following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Solomons.
SPEAKER OF THE HOUSE: Is there any objection to consideration of the Amendment? The Chair hears none. So ordered. The Chair recognizes Representative Solomons to explain the Amendment.
REPRESENTATIVE SOLOMONS: Move passage.
SPEAKER OF THE HOUSE: The Chair hears -- okay. Here we go. The question occurs on passage to the third reading of House Bill 2702. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Darby to explain House Bill 2960.
REPRESENTATIVE DARBY: This simply adds live stock shows to the list of permitted travel for --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2960? The Chair hears none and lays out House Bill 2960. The clerk will read the bill.
THE CLERK: HB 2960 by Darby relating to the equal --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.
REPRESENTATIVE DARBY: Move adoption.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2960, the third reading of House Bill 2960. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Orr to lay out House Bill 2982.
REPRESENTATIVE ORR: Madame Speaker, Members, this bill will allow either a mortgage broker or mortgage --
SPEAKER OF THE HOUSE: Is there an objection to House Bill 2982? The Chair hears none and lays out House Bill 2982. The clerk will read the bill.
THE CLERK: HB 2982 by Orr relating to the competition --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr.
REPRESENTATIVE ORR: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2982. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Miles to explain House Bill 2994.
REPRESENTATIVE MILES: Madame Speaker, this bill seeks to support efforts in --
SPEAKER OF THE HOUSE: Is there an objection to House Bill 2994? The Chair hears none and lays out House Bill 2994. The clerk will read the bill.
THE CLERK: HB 2994 by Miles relating to creation, operation and funding of the urban farm --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Miles.
REPRESENTATIVE MILES: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2994, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Miles to explain House Bill 2996.
REPRESENTATIVE MILES: Members, Mr. Speaker. 2996 seeks to cultivate the land of urban projects in the interest rate, reduce programs, grants programs --
SPEAKER OF THE HOUSE: Is there an objection to the consideration of House Bill 2996? The Chair hears none and lays out House Bill 2996. The clerk will read the bill.
THE CLERK: HB 2996 by Miles relating to the creation of the Texas Urban Agricultural.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Miles.
REPRESENTATIVE MILES: Move adoption. Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2996, the third read. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Miles to lay out House Bill 2997.
REPRESENTATIVE MILES: HB 2997, seeks to promote the expansion of urban --
SPEAKER OF THE HOUSE: Is there an objection to House Bill 2997? The Chair hears none. So ordered, and the Chair lays out House Bill 2997. The clerk will read the bill.
THE CLERK: HB 2997 by Miles relating to the urban environmental creation of --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Miles.
REPRESENTATIVE MILES: Move passage.
SPEAKER OF THE HOUSE: The question occurs on the third reading of House Bill 2997. Is there an objection? Chair hears none. So ordered. The Chair calls on Representative Darby to explain House Bill 3079.
REPRESENTATIVE DARBY: This bill governs deal manufacturers relationships for agricultural questions -- equipment.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3079? The Chair hears none and lays out House Bill 3079. The clerk will read the bill.
THE CLERK: HB 3079 by Darby relating to the dealer agreements --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.
REPRESENTATIVE DARBY: This Amendment simply takes out all-terrain vehicles.
SPEAKER OF THE HOUSE: The following Amendment, the clerk will read the Amendment.
THE CLERK: Amendment by Darby.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby to explain the Amendment.
REPRESENTATIVE DARBY: This simply takes out all-terrain vehicles from the dealer manufacturing the bill.
SPEAKER OF THE HOUSE: The question occurs on the adoption of the Amendment. Is there an objection? The Chair hears none. So ordered. The question occurs on passage of House Bill 3079 as amended. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Craddick to explain House Bill 3111.
REPRESENTATIVE CRADDICK: This suspends the population change for the City of Midland.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3111? The Chair hears none and lays out House Bill 3111. The clerk will read the bill.
THE CLERK: HB 3111 by Craddick relating to fees to finance the --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Craddick.
REPRESENTATIVE CRADDICK: Move passage.
SPEAKER OF THE HOUSE: The question occurs on the passage of House Bill 3111 to third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Thompson to explain House Bill 3125.
REPRESENTATIVE THOMPSON: Madame Speaker, Members, this is for --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3125? The Chair hears none and lays out House Bill 3125. The clerk will read the bill.
THE CLERK: HB 3125 by Thompson relating to the unauthorized recordings of a --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3125. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Torres to explain House Bill 3152.
REPRESENTATIVE TORRES: This bill deals with the recovery of the value of fraudulently obtained healthcare services.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3152? The Chair hears none and lays out House Bill 3152. The clerk will read the bill.
THE CLERK: House Bill 3152 by Torres relating to the recovery of fraudulent --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Torres.
REPRESENTATIVE TORRES: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3152. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Otto to explain House Bill 3216.
REPRESENTATIVE OTTO: Members, this bill allows for the electronic communication between the property owner.
SPEAKER OF THE HOUSE: The question has been raised on the consideration of House Bill 3216. The Chair hears none. Is there an objection to consideration of House Bill 3216? The Chair hears none and lays out House Bill 3216. The clerk will read the bill.
THE CLERK: HB 3216 by Ott relating to the --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.
REPRESENTATIVE OTTO: There is an Amendment.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Fletcher.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Fletcher to explain the Amendment.
REPRESENTATIVE FLETCHER: Madame Speaker, Members, this Amendment asks that the vote be filed electronically.
SPEAKER OF THE HOUSE: Is there an objection to consideration of the Amendment? The Chair hears none. So ordered.
REPRESENTATIVE FLETCHER: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3216. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 3283.
REPRESENTATIVE GUILLEN: Thank you, Madame Speaker. House Bill 3283 is designing communities and important tools to help toward --
SPEAKER OF THE HOUSE: Is there an objection to consideration OF House Bill 3283? The Chair hears none and lays out House Bill 3283. The clerk will read the bill.
THE CLERK: HB 3283 by Guillen relating to Guillen relating to the authority of the Chair's of corporation --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.
REPRESENTATIVE GUILLEN: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3283. Is there an objection? So ordered. THE Chair recognizes Representative King of Taylor to explain House Bill 3359.
REPRESENTATIVE KING: Thank you, Madame Speaker. HB 3359 relates to certain physical therapy buildings --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3369? The Chair hears none and lays out House Bill 3359. The clerk will read the bill.
THE CLERK: HB 3359 by King relating to the registration of certain physical therapy buildings.
SPEAKER OF THE HOUSE: The Chair recognizes Representative King of Taylor.
REPRESENTATIVE KING: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3369. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Rodriguez to explain House Bill 3387.
REPRESENTATIVE RODRIGUEZ: Thank you, Madame Speaker, Members. This allows merchants of farmers markets.
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3387? The Chair hears none and lays out House Bill 3387. The clerk will read the bill.
THE CLERK: HB 3387 by Rodriguez relating to the regulation of --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3387. Is there an objection? Chair hears none. So ordered. The Chair calls on Representative Legler to explain House Bill 3399.
REPRESENTATIVE LEGLER: This bill
(inaudible).
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3399? Chair hears none and the Chair and lays out House Bill 3399. The Clerk will read the bill.
THE CLERK: HB 3399 by Legler --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Legler.
REPRESENTATIVE LEGLER: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3399. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gallego to not mumble his bill.
REPRESENTATIVE GALLEGO: Thank you, Madame Speaker. 3399 relating to the --
SPEAKER OF THE HOUSE: You did anyway. Is there an objection to consideration?
REPRESENTATIVE GALLEGO: -- in relation to the refusal that disqualification --
SPEAKER OF THE HOUSE: For what purpose, Mr. Rodriguez?
REPRESENTATIVE RODRIGUEZ: I was just going to simply ask -- could the Speaker actually lay it out?
SPEAKER OF THE HOUSE: Mr. Gallego, some people would like to understand what you're saying.
REPRESENTATIVE RODRIGUEZ: Madame Speaker, could you repeat what he just said, please?
SPEAKER OF THE HOUSE: Mr. Gallego, is this your first time? Do you need help?
REPRESENTATIVE GALLEGO: Mr. Chisolm indicates that he understood me perfectly. It must be a West Texas thing.
REPRESENTATIVE HARDCASTLE: It must be --
SPEAKER OF THE HOUSE: Could Mr. Hardcastle please help Mr. Gallego? Is there objection to consideration of House Bill 3475? The Chair hears none and lays out House Bill 3475. The clerk will read the bill.
THE CLERK: House Bill 3475 by Gallego relating to the refusal --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.
REPRESENTATIVE GALLEGO: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3475, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair calls on -- lays out House Bill 3595 and calls on Representative Chisolm to explain the bill.
REPRESENTATIVE CHISOLM: Madame Speaker, Members, this bill just has energy efficiency goals --
SPEAKER OF THE HOUSE: Is there objection to consideration of House Bill 3595? The Chair hears none and lays out House Bill 3595.
THE CLERK: HB 3595 by Chisolm relating to the energy efficient --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Chisolm.
REPRESENTATIVE CHISOLM: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of House Bill 3595. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Guillen to explain House Bill 3723.
REPRESENTATIVE GUILLEN: Thank you, Madame Speaker, Members. House Bill 3723 is a local bill that authorizes web and --
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3723? If not, the Chair hears none and Chair lays out House Bill 3723. The Clerk will read the bill.
THE CLERK: HB 3723 Guillen relating to the option --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.
REPRESENTATIVE GUILLEN: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3723, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Martinez to explain House Bill 3730.
REPRESENTATIVE MARTINEZ: Thank you, Madame Speaker, Members. All this bill does is that it outlines TxDOT's current state purchasing law.
SPEAKER OF THE HOUSE: Representative Anderson, for what purpose?
REPRESENTATIVE ANDERSON: Will the gentleman yield for a couple of questions?
SPEAKER OF THE HOUSE: Do you yield for a question?
REPRESENTATIVE MARTINEZ: I yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE ANDERSON: Mr. Martinez, I was back in a while ago when the gentleman asked a question. Right now, the current solicitation amount is 15,000 for TxDOT; is that correct?
REPRESENTATIVE MARTINEZ: That's how I understand the transportation bill, that's correct.
REPRESENTATIVE ANDERSON: Okay. And the Comptroller has, basically, a 25,000-dollar limit before they have to start competitive bidding, correct?
REPRESENTATIVE MARTINEZ: Actually, it's the state law. The state purchasing law and the rules adopted by the Comptroller under the law allows state agencies to use the informal bidding process for the purchase of services if the estimated cost is below $25,000.
REPRESENTATIVE ANDERSON: Okay. Well, one of the reasons that I brought this up is that in looking at the witness list, there was no one that testified in favor of doing this and yet there were several witnesses that registered again. And as someone -- I'm very cognizant of any time that TxDOT is given additional authority to spend money without a competitive bid. I'm wondering who the interested parties were that brought this to the forefront.
REPRESENTATIVE MARTINEZ: This was something like TxDOT -- TxDOT brought it to us in trying to ask to bring up their bidding costs, estimated costs, subject to $25,000 with current state law. Because in 2004, they were moved up to 15,000, but it hasn't been in sync since 2004 when the law was under $25,000, under state law. Every other state agency did not go out for competitive billing if it's below $25,000. So all this bill does is it puts it in sync for the rest of the state agencies to where they can have the same type of bidding process as everybody else if it's under $25,000.
REPRESENTATIVE ANDERSON: Okay. What were they prior to 2004? You said they were raised to 15.
REPRESENTATIVE MARTINEZ: I don't have that in front of me, but in 2004, after the Legislature increased the maximum amount under that transportation section to 15,000, the maximum amount for using the formal bidding process is that. And the state law is $25,000, so we're just trying to keep them in sync with state law.
REPRESENTATIVE ANDERSON: Okay. I certainly appreciate it. One last item.
REPRESENTATIVE MARTINEZ: Okay.
REPRESENTATIVE ANDERSON: I would like to direct the Members to take a look at bill analysis. Henry David Thoreau would be absolutely --
REPRESENTATIVE MARTINEZ: Do you have the Committee substitute to House Bill 3730, bill analysis?
REPRESENTATIVE ANDERSON: Yes, sir, I do.
REPRESENTATIVE MARTINEZ: Okay. Well, I think you're looking at a different one. If you want to bring it down here, I can show you a different one because if you look at the comparison that I have, it's not the same one that you have in your hand.
REPRESENTATIVE ANDERSON: Okay. I was just saying I think the entire bill analysis is one sentence that is one, two, three, four, five, six, seven lines. I just --
REPRESENTATIVE MARTINEZ: That's a different one that you have in front of you.
REPRESENTATIVE ANDERSON: Okay. Thank you very much, Mr. Martinez, for the information.
SPEAKER OF THE HOUSE: Is there objection to consideration of House Bill 3730? The Chair hears none and lays out House Bill 3730. The Clerk will read the bill.
THE CLERK: House Bill 3730 by Martinez relating to the Department of Transportation --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Martinez.
REPRESENTATIVE MARTINEZ: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3730, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gallego to explain House Bill 3797.
REPRESENTATIVE GALLEGO: Thank you, Madame Speaker. House Bill 3797 occurs
(inaudible).
SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3797 as mumbled? The Chair hears none and lays out House Bill 3797. The Clerk will read the bill.
THE CLERK: HB 3797 by Gallego relating to the validation of the creation of operations relating to the banking project.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.
REPRESENTATIVE GALLEGO: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3797. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Vo to explain House Bill 1483.
REPRESENTATIVE VO: Thank you, Members. This appropriation simply recommends that the U.S. Government raise the Visa requirements of citizens of Taiwan to --
SPEAKER OF THE HOUSE: Is there an objection to consideration OF House Bill 1483? The Chair hears none and lays out House Bill 1483. The Clerk will read the bill.
THE CLERK: Hb 1483 by Vo relating to the inclusion of Taiwanese United States visa program.
SPEAKER OF THE HOUSE: The Chair recognizes REPRESENTATIVE VO.
REPRESENTATIVE VO: Move passage.
SPEAKER OF THE HOUSE: Is there an objection? No? The question occurs on passage OF House Bill 1483, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Castro for a recognition.
REPRESENTATIVE CASTRO: Madame Speaker, Members, I want you to help me welcome somebody who is here from my District today. Her name is Genie Sutherland, and she's from San Antonio. And she has two children, Hannah and Travis. And like many Texans, she and her family are watching what we do with the budget. Her daughter Hannah has Autism, and her son Travis has Asperger's and ADHD. Both parents, she and her husband work, and can't afford care for Hannah. And before getting care, her daughter Hannah has actually waited for a Medicaid waiver for seven years before getting government help. She refused assistance to the class program, the program that helped Hannah become more verbally and socially appropriate. Her daughter now lives in an intermediate care facility, a Medicaid funded group home. Intermediate care facilities housing including possibly Hannah's are subject to close due to the proposed budget cuts. If the cuts force these facilities to close, Hannah will be in danger of losing all of the progress she has made since the program began. As you know, not only folks from my District in San Antonio, but also folks from throughout the State of Texas are watching to see how we handle these programs and many others. On that note, please help me welcome from my District, Genie Sutherland who's here in the gallery with us.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Villareal. The Chair recognizes Representative Lewis.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lewis.
(Brief recess taken.)
SPEAKER OF THE HOUSE: Members, are there any other announcements? If not, the Chair will stand adjourned until 11:35. Representative Larson moves that the House stand adjourned until 11:35 a.m. today in memory of retired Lieutenant Colonel James "Jim" R. Gamble, Jr., of San Antonio. Is there any objection? The Chair hears none. So ordered.
(The Texas House of Representatives stands adjourned until 11:35 a.m. roll call.)
SPEAKER OF THE HOUSE: Have all Members registered? A quorum is present. There being 150 ayes, no nays, a quorum is present. Everyone's here. Representative Thompson has unanimous consent for those Members granted leaves of absence on the previous legislative day. Is there an objection? The Chair hears none. So ordered. Representative Thompson moves to excuse all necessary rules to consider the Local and Consent Calendar bills on third reading. Is there an objection? The Chair hears none. So ordered. Representative Thompson asks unanimous consent to use the vote on the first recorded vote for all bills that require a second vote with the understanding that a member may record a vote on any bill with the journal clerk. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Shelton for a motion.
REPRESENTATIVE SHELTON: My motion is to reconsider the postponement of House Bill 2380.
SPEAKER OF THE HOUSE: Members, you've heard Representative Shelton's motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Shelton.
REPRESENTATIVE SHELTON: I would like to move to postpone House Bill 2380 to 6:00 p.m. today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. Excuse Representative Zerwass because of House Bill 1 Conference Committee meeting on the motion of Representative Hamilton. Is there an objection? The Chair hears none. So ordered. The Chair lays out HB 590, and the clerk will read the bill.
THE CLERK: HB 590 by Thompson relating to the amended sales tax reforms and the reallocation of sales tax revenue.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson. The Chair recognizes Representative Hilderbran.
REPRESENTATIVE HILDEBRAN: I move passage of House Bill 590.
SPEAKER OF THE HOUSE: The question occurs on final passage of House Bill 590. This is a record vote. The clerk will ring the bell. Have all Members voted? There being 148 ayes, no nays, one present not voting, the motion prevails. And House Bill 590 is finally passed. The Chair lays OUT the following bills on third reading and final passage. And HR 1483, by the recorded vote, just recorded on House Bill 590. The clerk will read the bill.
THE CLERK: HB 1128 by Menendez relating to the consent of certain medical treatments by a surrogate on behalf of certain inmates. HB 1794 by Farias regarding certain inmates and the information system not to use of the system. HB 1797 by Naishtat relating to the eligibility to obtain the license and social work. HB 2797 by Thompson relating to the filing of writs of habeas corpus in municipal cases. HB 2102 by Menendez relating to the requirement of certain health benefits provides supplemental breast cancer screening. HB 2103 by Jackson relating to consideration of a letter of credit issued by a federal or home loan bank as an eligible security for collateral to secure public funds. HB 2247 by King of Parker relating to the eligibility of the (inaudible) school foundation program funding first division enrollment of Texas Challenge Academy. HB 2316 by Coleman relating to the county power duties and services including the powers of certain Districts and the authorization of certain healthcare programs and studies. HB 2363 relating to the living creation of the Bear Creek Municipal Utility District of Sun County regarding authority (inaudible). HB 2425 by Thompson relating to the narrative to the Attorney General of challenges to the Constitution of Texas statutes. HB 2492 by Naishtat relating to the family allowance of (inaudible) and property and administration of citizens of state. HB 2595 by Isaacs relating to the
(inaudible) relating to the documents associated with voting by mail. HB 2702 by Solomons relating to the application of statutes and classified political subdivisions according to the population. HB 2560 by Farias relating to vehicles used for the purpose of participating in the livestock activities or attending livestock shows. HB 2982 by Orr relating to the conversation of a finance commission of Texas. HB 2994 by Miles relating to the creation, operation, funding of the Urban Farm Microenterprise Support Program. HB 2996 by Miles relating to the creation of the Texas Urban Agricultural Innovation Authority. HB 2797 by Miles relating to the creation of the urban farming pile at program and creation. HB 2797 by (inaudible) all-terrain vehicles or equipment that was similarly used for agent cultural, utility and industrial mining
(inaudible). HB 3111 by Craddick relating to the findings of capital improvements on certain municipalities. HB 3125 by Thompson relating to the authorized participation unauthorized recording devices and improperly recording. HB 3152 by Torres relates to recovery of the fraudulently obtained healthcare services provided by the U.S. County Hospital District. HB 3215 by Otto relating to the communication property owners and chief appraisers, appraisal districts, appraisal review boards or any combination of those persons. HB 3283 by Guillen relating to the authority of certain development corporations to undertake files with respect to community filed brief. HB 3259 by King of Taylor relating to the administration of certain physical therapy facilities to the effect of board of physical therapy of Cameron. HB 3387 by Rodriguez relating to the regulations to be prepared for distributors of farmers market. HB 239 by Rivera relating to the requirements of ground water. HB 3475 by Gallego relating to the refusal and disqualification of municipal judges. HB 3595 by Chisolm relating to the efficiency goals and energy efficiency programs. HB 3723 by Guillen relating to the fees on the registration of a vehicle. HB 3730 by Martinez relating to certain privatization of maintenance contract relating to the Department of Transportation. HB 3797 by Gallego relating to the validation of the creation and certain acts relating to any project and the use of the dissolution of certain venue Districts.
SPEAKER OF THE HOUSE: The Chair declares those bills just read by the clerk to be finally passed by the record vote recorded on House Bill 590, with the understanding that a member may record a vote in the journal. Is there an objection? Chair hears none. So ordered. The following bills -- Representative Legler moves to delay first reading of the bill to the end of business. Is there an objection? Chair hears none. So ordered. Members, we're about to proceed on the regular supplemental House calendar.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair lays out on third reading of 1125. The Clerk will read the bill.
THE CLERK: 1125 relating to energy efficiency goals and programs and participation of loads considering energy markets.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Anchia.
REPRESENTATIVE ANCHIA: Thank you, Mr. Speaker, Members. This is the Senate Bill that we passed yesterday relating to the energy efficiency. Move passage, move adoption.
SPEAKER OF THE HOUSE: The following Amendment. The Clerk will read the bill. The Chair recognizes Representative Anchia to close.
REPRESENTATIVE ANCHIA: Move adoption.
SPEAKER OF THE HOUSE: The question occurs on final passage of SB 1125. This is a record vote. The clerk will ring the bell. Have all Members voted? Have all Members voted? There being 99 ayes, 34 nays, SB 1125 has finally passed. The Chair lays out on third reading SB 551. The Clerk will read the bill.
THE CLERK: SB 551 by Williams relating to liability for insurance and taxes on improvement or to skip taxation the previous year.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.
REPRESENTATIVE OTTO: Thank you, Members. This is the bill we passed yesterday that says if you, as the developer, take out a proper building permit, give proper notice, that taxing entities cannot charge you interest if the Appraisal District later finds out they missed your property. Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against SB 551? The question occurs on final passage of SB 551. This is a record vote. The clerk will ring the bell.
SPEAKER OF THE HOUSE: Have all Members voted? There being 134 ayes, one nay, SB 551 has finely passed. The Chair lays out on third reading SB 1505.
THE CLERK: 1505 by Gomez relating to the approval for tax purposes of an intrastate --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lucia.
REPRESENTATIVE LUCIA: Thank you, Madame Speaker and Members. This bill is a formula about which the market value of oil and gas in place is determined for a developer for taxation purposes.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against SB 1505? The question occurs on final passage of SB 1505. It's a record vote. The clerk will ring the bell. Have all Members voted? Representative Eissler voting aye. Representative Anderson voting aye. Have all Members voted? Have all Members voted? There being 142 ayes, 0 nays, SB 1505 has finely passed. The Chair lays out on third reading HB 272.
THE CLERK: HB 272 by relating to the operation of the Texas Insurance Association and Resolution of fees or claims of that association.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Smithee.
REPRESENTATIVE SMITHEE: Madame Speaker, I move to postpone the bill to a time later at 1:00 o'clock today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? HB 272 is postponed until 1:00 o'clock. The Chair lays out in third reading HB 3647. The Clerk will read the bill.
THE CLERK: HB 3647 by Turner relating to the appropriations of certain revenue for information technology projects.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Madame Speaker, Members, this is a bill we passed on yesterday relating to the director of payments and have approval of certain miscellaneous claims against the state out of funds designated by this act. I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 3647? The question occurs on final passage of HB 3647. It's a record vote. The clerk will ring the bell. Have all Members voted? Alonzo voting aye. Eissler voting aye. Representative Alonzo voting aye. Have all Members voted? There being 146 ayes, 0 nays, HB 3647 has finally passed. The Chair lays out on third reading HB 13. The clerk will read the bill.
THE CLERK: HB 13 by Kolkhort relating to the methods providing health services to low income persons in the state.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Kolkhort.
REPRESENTATIVE KOLKHORT: Thank you, Madame Speaker. This is the bill that requests HFC to seek a waiver from CMS. I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 13? The question occurs on final passage of HB. This is a record vote. The clerk will ring the bell. Have all Members voted? Representative Alonzo voting aye. Have all Members voted? There being 112 ayes, 28 nays, HB 13 has finally passed. The Chair lays out on third reading HB 1951. The Clerk will read the bill.
THE CLERK: HB 1951 by Taylor of Galveston relating to the continuing operation of the Texas Department of Insurance and the operation of certain insurance programs posing administrative penalties.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Taylor of Galveston.
REPRESENTATIVE TAYLOR: Thank you, Madame Speaker. I move to postpone consideration of the third reading until 5:00 p.m. today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Chair hears none. HB 1951 is postponed till 5:50 p.m. today. The Chair lays out on third reading HB 1159. The Clerk will read the bill.
THE CLERK: HB 1359 by Veasey relating to authorizations for a caregiver whose has a relative to enroll a child in school.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: Thank you, Members. This is a bill that passed yesterday that would allow grandparents to enroll their grandchildren in school if their parents can't. Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 1359? The question occurs on final passage of HB 1359. This is a record vote. The clerk will ring the bell. Have all Members voted? Show Representative Torres voting aye. Have all Members voted? There being 141 ayes, one nay, HB 1359 has finally passed. The Chair lays out on third reading HB 2746. The Clerk will read the bill.
THE CLERK: HB 2746 by Martinez-Fischer relating to liability for additional tax imposed all tax purposes in the event of use of a land development for purposes of building houses for sale without profits to an individual or family.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: This is Representative Martinez-Fischer's bill that he had yesterday, and I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 2746? The question occurs on final passage of HB 2746. It's a record vote. The clerk will ring the bell. Have all Members voted? Gallego voting aye. Have all Members voted? There being 119 ayes, 22 nays, HB 2746 has finally passed. The Chair lays out on third reading HB 2194. The Clerk will read the bill.
THE CLERK: HB 2194 by Taylor of Galveston relating to the case and administration of election.
SPEAKER OF THE HOUSE: The Chair recognizes Taylor of Galveston.
REPRESENTATIVE TAYLOR: Members, I'd like, I guess from the local folks, I'll move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 2194? The question occurs on final passage of HB 2194. This is a record vote. The clerk will ring the bell. Have all Members voted? Have all Members voted? There being 134 ayes, seven nays, 2194 has finally passed. The Chair lays out on final reading HB 2790. The Clerk will read the bill.
THE CLERK: HB 2790 by Elkins relating to the deadline by which professional balance --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Elkins.
REPRESENTATIVE ELKINS: Thank you, Madame Speaker. HB 2790 will allow counties to ensure that all provisional ballots, affidavits have been counted and generally reviewed in general election. Move passage.
SPEAKER OF THE HOUSE: For what purpose?
REPRESENTATIVE BERMAN: Will the gentleman yield?
SPEAKER OF THE HOUSE: Will you yield, Mr. Elkins?
REPRESENTATIVE ELKINS: Yes, I yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE WEBER: Thank you. I had an inquiry from back home. Does this give a voter an additional time to come back and make changes or is this simply just giving the registrar seven days?
REPRESENTATIVE ELKINS: It's going to give the registrar seven days under the bill that we passed earlier this year on voter IDs, which voters have six days to prove up. So this is making it consistent with them. It's impossible logistically to get to.
REPRESENTATIVE WEBER: So it makes it one day longer than the six days the vote has to prove up, which is already in the statute; is that correct?
REPRESENTATIVE ELKINS: That's correct. It gives them one day to prove up.
REPRESENTATIVE WEBER: Okay. Your bill does not mess with existing six days in the statute? That's already in place?
REPRESENTATIVE ELKINS: That's right.
REPRESENTATIVE WEBER: Okay. Thank you.
REPRESENTATIVE ELKINS: Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 2190? The question occurs on final passage of HB 2190. This is a record vote. The clerk will ring the bell. Have all Members voted? Have all Members voted? There being 142 ayes, 0 nays, HB 2190 has finally passed. The Chair recognizes Representative Solomons for an announcement.
SPEAKER OF THE HOUSE: The Chair lays out on third reading HB 2359. The Clerk will read the bill.
THE CLERK: HB 2359 by Hoffman relating to direct campaign expenditures --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hoffman.
REPRESENTATIVE HOFFMAN: This is a bill for part of the Texas statutory exchange. Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 2359? This is a record vote. The clerk will ring the bell. Have all Members voted? Show Gallego voting aye. Have all Members voted? There being 130 ayes, 14 nays, HB 2359 has finally passed. The Chair lays outs on final read third reading HB 2766. The Clerk will read the bill.
THE CLERK: HB 2766 by Crownover relating to the creation of a voluntary consumer regulated health plan relating to certain individuals to participate in the healthcare provided group benefits and their qualified dependents.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Crownover.
REPRESENTATIVE CROWNOVER: We have an Amendment that was posed yesterday. I move to postpone till 1:00 o'clock today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? HB 2766 is postponed till 1:00 p.m. The Chair lays out HB 2707 by Berman relating to holding of an interest in certain alcoholic beverage licenses and permits or permits of persons whose licenses or permits have been revoked.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Berman.
REPRESENTATIVE BERMAN: Mr. Speaker, Members, this is an Amendment that the Chair adopted yesterday. Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 2707. The question occurs on final passage of HB 2707. This is a record vote. The clerk will ring the bell. Have all Members voted? Gallego voting aye. Eissler voting aye. Gonzales of Williamson voting aye. Have all Members voted? There being 121 ayes, 24 nays, HB 2707 has finally passed. The Chair lays out on third reading HB 2708. The Clerk will read the bill.
THE CLERK: HB 2708 by Dutton relating to the Property Owners' Association (inaudible).
SPEAKER OF THE HOUSE: The Chair recognizes Representative Dutton.
REPRESENTATIVE DUTTON: Madame Speaker, Members, this bill simply requires homeowners to give notice before a court to secure a lienholder.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 1228? This is final passage of HB 1228. It's a record vote. The clerk will ring the bell. Show Representative Dutton voting aye. Representative Giddings voting aye. Have all Members voted? Have all Members voted? There being 142 ayes, 0 nays, HB 1228 has finally passed. The Chair lays out on third reading 3001. The Clerk will read the bill.
THE CLERK: HB 3001 by Thompson relating to the (inaudible) providing a penalty.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Madame Speaker, Members, this is the electronic monitoring of certain sex offenders. I move final passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against HB 3001? The question occurs on final passage of HB 3001. The clerk will ring the bell. Have all Members voted? Have all Members voted? Show Representative Dutton voting aye. There being 147 ayes, 0 nays, HB 3001 has finally passed. The Chair lays out on final reading HB 1355. The Clerk will read the bill.
THE CLERK: HB 1355 by Orr relating to title insurance coverage relating to the surface of the land.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr.
REPRESENTATIVE ORR: I move to postpone this bill to 2:00 o'clock, May 11th.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? HB 1335 is postponed till 2:00 p.m. today. The Chair lays out on third reading HB 2510. The clerk will read the bill.
THE CLERK: HB 3510 by Lavender relating to attempting to institute manufacturer of certain light bulbs from federal regulation.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lavender.
REPRESENTATIVE LAVENDER: Thank you, Madame Speaker and Members. This is the light bulb bill we passed yesterday. I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or --
REPRESENTATIVE MILES: Mr. Speaker.
SPEAKER OF THE HOUSE: For what purpose?
REPRESENTATIVE MILES: Will the gentleman yield?
SPEAKER OF THE HOUSE: Do you yield, Mr. Lavender?
REPRESENTATIVE LAVENDER: Yes, I yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE MILES: Speaker, Mr. Lavender, I just want to know are we going to lunch today?
REPRESENTATIVE LAVENDER: I don't think so, but thank you.
REPRESENTATIVE MILES: Okay. You understand my question, though, right?
REPRESENTATIVE LAVENDER: I do. Thank you.
REPRESENTATIVE MILES: Thank you, sir.
REPRESENTATIVE LAVENDER: I move passage.
SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against HB 2510? The question occurs on final passage of HB 2510. It's a record vote. The clerk will ring the bell. Show Representative Lavender voting aye. Show Mr. Solomons -- oh, have all Members voted? 141, 142 ayes, three nays, HB 2510 has finally passed. The Chair recognizes Representative Solomons for an announcement.
REPRESENTATIVE SOLOMONS: Thank you, Madame Speaker and colleagues. I move to suspend all necessary rules to take up and consider HR 1843.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The rules are suspended. The Chair lays out the following Resolution. The Clerk will read the bill.
THE CLERK: HB 1843 by Solomons relating to harmony school renovation of --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Solomons.
REPRESENTATIVE SOLOMONS: Thank you, Madame Speaker and Members. We have a group from my District, it's a very important group of people, and it impacts the lives and citizens every day. I have been over there a number of times, and they provide an excellent education throughout the state. They have campuses in Carlton, San Antonio, Austin, Waco, Lubbock and Bryan, among many others. And the school does provide emphasis in math, science and technology, with admission into college in their curriculum, as well as extracurricular activities. And this group with us today is over in the northeast section. Go ahead and stand up. Okay. And the group -- and we welcome them to the Texas House. They did a wonderful job. Thank you for being here. I move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. The Resolution is adopted. The Chair recognizes Representative Shortner for an announcement.
REPRESENTATIVE SHORTNER: Thank you, Madame Speaker. It is my honor to welcome a group of 4th grade students from Georgetown, Texas, from the St. Helen's Catholic School. Will you all please stand? And welcome to your Texas House.
SPEAKER OF THE HOUSE: The following bill, the first reading of the --
THE CLERK: (Inaudible) including the administration of (inaudible).
SPEAKER OF THE HOUSE: The following announcement. The clerk will read the announcement.
THE CLERK: The Committee on Higher Education will meet during lunch recess on May 11, 2011, at Desk No. 94 on the House floor. This will be a formal meeting to consider SB 5.
SPEAKER OF THE HOUSE: The following announcement. The clerk will read the announcement.
THE CLERK: The Committee on Business and Industry will meet during lunch recess at Desk on May 11th, at Desk No. 47 on the House floor. This will be a formal meeting to consider seen 1212, seen 1368, seen 767, and pending business.
SPEAKER OF THE HOUSE: Members, are there any other announcements? The Chair recognizes Representative Branch for an announcement.
REPRESENTATIVE BRANCH: Thank you, Madame Speaker, Members. There's a formal meeting. Please meet at my desk, Members. Thank you.
SPEAKER OF THE HOUSE: Members, are there any other announcements? The Chair recognizes Representative Taylor of Galveston.
REPRESENTATIVE TAYLOR: Thank you, Madame Speaker. Capital Commission Bible Study will be done upon adjournment at the Austin Club. Lunch will be provided and other opportunities tomorrow morning for Members at 7:30 a.m. in the Members lounge, where breakfast will be provided. And then Friday at 8:00 a.m. in the Members lounge in the extension. The Bible study is open to the entire Capitol community, breakfast will also be provided. And today at lunch, the Austin Club upon adjournment.
SPEAKER OF THE HOUSE: Members, are there any further announcements? If not, the House stands recessed until 1:15 p.m. today.
(House Stands in Recess)
SPEAKER OF THE HOUSE: The Chair's lays out as a matter of postponed business House Bill 3055. The clerk will read the bill.
THE CLERK: HB 3055 by Pena relating to the penalty for providing false information on the afternoon application to visa ordered by mail.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pena.
REPRESENTATIVE PENA: Mr. Speaker, I move to postpone HB 3055 until a time certain, 5:00 p.m. today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. Bill is postponed until later today. The Chair lays out as a matter of postponed business House Bill 2589. The Clerk will read the bill.
THE CLERK: HB 2589 by Pena relating to the deliver rift a voter registration application to the registrar by volunteer deputy registrar. Providing the criminal penalty.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pena.
REPRESENTATIVE PENA: Mr. Speaker, Members, I have an Amendment.
SPEAKER OF THE HOUSE: The following Amendment. The Chair lays out the Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Pena.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pena to explain his Amendment.
REPRESENTATIVE PENA: This Amendment creates an offense for a deputy vote registrar who knowingly distributes a vote registration application to a person. The voluntary knows is ineligible to moat move passage.
SPEAKER OF THE HOUSE: Representative Pena brings up an Amendment. The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Chair recognizes Representative Pena to close.
REPRESENTATIVE PENA: Move passage.
SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against House Bill 2589? The question occurs on passage of the third reading of House Bill 2589. All those in favor, say aye. All those opposed, say no. The ayes have it. House Bill 2589 has finally passed. The third reading, the Chair lays out as a matter of postponed business HGR 109. The Chair recognizes as a matter of postponed business. The Chair asks the clerk to read the bill.
THE CLERK: HGR 109 by Pena provoking the constitutional Amendment to clarify references to the permanent school funded to allow the General Lands Office to distribute revenue derived from permanent school plans or property to be available to School Fund.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr to explain the HGR.
REPRESENTATIVE ORR: Mr. Speaker and Members. When I filed this HGR, it had essentially three goals: Create more money or education, create a general land path for the office to send money to the General School Fund, and create transparency on how each fund sent to the available School Fund. If you vote for this HGR, you're going to be voting for all three of these goals. Over the last few years, we've moved from having one PS Fund to having two distinct separate funds. One managed by the General Land Office and one managed by the State Board of Education. For the money to get to the available School Fund, the General Land Office must send the money to manage to the State Board of Education, and the State Board of Education determines how much money to send to the ASF. It does not make sense for one fund to send money to another fund, then sent to the available School Fund. This JR will allow the General Land officer to transfer money directly to the School Fund. Then the JR will also provide more money for public education, improve transparency for the PSF; and I have an Amendment, as well.
REPRESENTATIVE GALLEGO: Mr. Speaker, will the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Gallego.
REPRESENTATIVE ORR: I'm sorry?
REPRESENTATIVE GALLEGO: Mr. Orr, do you yield for a question?
REPRESENTATIVE ORR: Yes, sir.
SPEAKER OF THE HOUSE: Mr. Gallego, he yields.
REPRESENTATIVE GALLEGO: Mr. Orr, you and I had a conversation about this yesterday with respect to the language and the House Resource Report that indicates that as a result of your bill or your proposed Resolution, the constitution would be rescheduled to allow the Legislature to essentially raid the permanent School Fund. And what your Amendment proposes to do is to get rid of the language that would raise that concern in the House Research Report; is that right?
REPRESENTATIVE ORR: That's exactly correct.
REPRESENTATIVE GALLEGO: So rather than have the Legislature have the ability to go into that, it restores the authority, and the distribution of the General Land Office, the commission of the Land Office to make those determinations.
REPRESENTATIVE ORR: That's exactly correct.
REPRESENTATIVE GALLEGO: All right. So any suggestion at this point now that the Legislature can dip into that fund in the future whenever there's a fiscal crisis, that would be incorrect?
REPRESENTATIVE ORR: That would be correct. That would be incorrect. The Legislatures will not be able to dip into that fund. It will be up to the General Land Office and the Commissioner, elected Commissioner and the Land Officers Board to make that determination.
REPRESENTATIVE GALLEGO: I appreciate that Amendment very much.
REPRESENTATIVE ORR: Very good. Thank you.
SPEAKER OF THE HOUSE: The following Amendment. The Clerk will read the bill.
THE CLERK: Amendment by Orr.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr to explain the Amendment.
REPRESENTATIVE ORR: This is an Amendment that Representative Gallego and I were just talking about. It was worked out with the Land Commissioner and gives the land board sole discretion over the amount that's transferred to the available School Fund. And I move adoption. It also has clarifying language on the ballot that money will be going for education.
SPEAKER OF THE HOUSE: Mr. Branch.
REPRESENTATIVE BRANCH: Would the gentleman yield for a question?
SPEAKER OF THE HOUSE: Would the gentleman yield?
REPRESENTATIVE ORR: Yes, sir.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE BRANCH: Mr. Orr, I share your interest of having more funding for public education, as I saw the bipartisan support of your joint authors. But I did get a message from one of my constituents who's an investor and a very thoughtful individual. And I just wanted to read to you one of his questions and see if you could help me with it.
REPRESENTATIVE ORR: Sure, I'll be glad to.
REPRESENTATIVE BRANCH: He says that any action by the State of Texas to diminish the value of this guarantee would not be in the best interest of the public school system, nor would it constitute fair treatment for the investors who have loaned money to the various school districts based on this guarantee.
REPRESENTATIVE ORR: Well.
REPRESENTATIVE BRANCH: And what's your reaction to that?
REPRESENTATIVE ORR: The answer to that is the Land Office on the PSF fund -- this has not touched the corpus lot whatsoever, and so it will not did he value the fund whatsoever in what I'm doing here.
REPRESENTATIVE BRANCH: So you're saying that it doesn't affect the guarantee?
REPRESENTATIVE ORR: Absolutely not.
REPRESENTATIVE BRANCH: And can we have that as legislative intent?
REPRESENTATIVE ORR: Yes, sir.
REPRESENTATIVE BRANCH: I'll ask the Chair if he'd please reduce our comments to writing and place those in the journal.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered.
REPRESENTATIVE WEBER: Mr. Speaker.
SPEAKER OF THE HOUSE: Will the gentleman yield?
REPRESENTATIVE ORR: Absolutely.
SPEAKER OF THE HOUSE: The gentleman yields, Mr. Weber.
REPRESENTATIVE WEBER: Rob, is this the -- and I talked about -- Jerry Patterson and I had a discussion about it if you think back a couple of weeks, and I think I'd asked you had you talked to him about it.
REPRESENTATIVE ORR: Yes, sir.
REPRESENTATIVE WEBER: Are you --
REPRESENTATIVE ORR: We've had many conversations.
REPRESENTATIVE WEBER: Touche'. Are you aware or do you know, has Commissioner Patterson been able to stay ahead of the schedule in making payments on the department of School Fund? Is that what you're addressing? Is he behind? Is he up-to-date? Where is he in that schedule?
REPRESENTATIVE ORR: Well, he really doesn't have a schedule. The way the current law now is, he can make as much or as little deposit to the State Board of Education now. He doesn't even have to do a payout. The last several years he has done about $100 million a year. This had Session in negotiations on this, he has committed to with what he's already committed today and with it somewhere close to $800 million. And so he's not behind or ahead. He is doing -- he's doing the right thing. We worked hard to put together this agreement so be sure to protect the department of School Fund.
REPRESENTATIVE WEBER: Well, that confuses me a little bit. He's been putting about $100 million a year, but this time he's put $800 million a year? Is that what you said?
REPRESENTATIVE ORR: He has committed. He did the $100 million, and then after that, through the process, he committed another $150 million per year, another $300 million, and then he was just doing this, he committed $300 million.
REPRESENTATIVE WEBER: Okay.
REPRESENTATIVE ORR: For the next biennium.
REPRESENTATIVE WEBER: Okay. And so this doesn't limit the amount he puts in any stretch of the move imagination; is that correct?
REPRESENTATIVE ORR: No, It does not limit the amount he puts in whatsoever.
REPRESENTATIVE WEBER: Okay. And he's free and able to put in -- does it give him a floor or a minimum to put in?
REPRESENTATIVE ORR: No, it does not. It's at the direction of the General Land Office.
REPRESENTATIVE WEBER: Okay, Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Weber.
REPRESENTATIVE WEBER: Would you please have our comments reduced and put in the journal?
SPEAKER OF THE HOUSE: Absolutely. Members you've heard the request. Is there any objection? The Chair hears none. So ordered.
REPRESENTATIVE CHRISTIAN: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Christian.
REPRESENTATIVE CHRISTIAN: Will the gentleman yield?
SPEAKER OF THE HOUSE: Will the gentleman yield for questions?
REPRESENTATIVE ORR: Absolutely.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE WEBER: Question on this, Rob: My concern is this is removing powers or control from the State Board of Education. As you're aware, they've been under quite a hell of fire in the last few years, and it's been somewhat of a move to diminish their capacity. Does this reduce the powers or control the state board over these funds?
REPRESENTATIVE ORR: No, sir, it does not. As a matter of fact, the General Land Office has the ability right now, the amount that they send to the State Board of Education is up to the Commissioner, how much they send or do not send. And so it does not have anything to do with the State Board of Education and their distribution.
REPRESENTATIVE CHRISTIAN: Very good. Thank you for that clarification.
REPRESENTATIVE VILLAREAL: Mr. Speaker, will the gentleman yield, sir?
SPEAKER OF THE HOUSE: Mr. Villareal, for what purpose?
REPRESENTATIVE VILLAREAL: Will the gentleman yield?
REPRESENTATIVE ORR: Villareal.
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE ORR: Absolutely.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE VILLAREAL: Representative Orr, can you help this body understand how this may be a change in decision making or practice in the management of the moneys et cetera that the Land Commissioner currently manages?
REPRESENTATIVE ORR: Absolutely. The way it is now --
REPRESENTATIVE VILLAREAL: And specifically what I'm referring to is: You at one time passed out a chart that showed how the Land Commissioner is allocating funds --
REPRESENTATIVE ORR: Yes, sir.
REPRESENTATIVE VILLAREAL: -- to the available School Fund.
REPRESENTATIVE ORR: Yes. It went to the State Board of Education, and then directly to the available School Fund. Yes, sir, that's correct.
REPRESENTATIVE VILLAREAL: And so can you explain how that pattern of allocation has changed over the years?
REPRESENTATIVE ORR: Well, it's changed over the years. Back in the lower history, I guess, is what you're wanting? Back in 2003, we gave -- or actually 2009, we kept giving the General Land Office more and more power to save the money that was coming in on the minerals. And so they used to send all their money, all the interests, every dime they got in, they sent to the State Board of Education. And then in the last seven to eight years, since 2002, they have been keeping those funds at the General Land Office. And so, again, what this Amendment does now, you basically have two funds that are set up, one at the General Land Office, and one at the State Board of Education. So if there are going to be two funds, we need to be sure that technically they operate. And so this allows the General Land Office to make a direct deposit to the ASF, just like the State Board of Education makes a direct deposit to the ASF.
REPRESENTATIVE VILLAREAL: You can correct me if I'm wrong, but my understanding is that at one time, the income from mineral royalties was treated as an asset that was allocated directly to the State Board of Education, and the State Board of Education as a permanent School Fund. That pattern changed, and the royalties income earnings began to be treated as income to be used to support the available School Fund.
REPRESENTATIVE ORR: That's correct. I say that's correct. This is all still permanent School Fund money, and the money coming in from minerals used to be sent to the State Board of Education.
REPRESENTATIVE VILLAREAL: Well, maybe more accurately, it's all School Fund money. Some of it is permanent, represented by the corpus. Others is available to be used for the current school children of this generation and over the next two years.
REPRESENTATIVE ORR: Well, all of the money --
SPEAKER OF THE HOUSE: Representative Legler raises a postpone. The gentleman's time has expired. The postpone is well taken and sustained.
REPRESENTATIVE VILLAREAL: This is just an Amendment, so I'll hold my question's for when he's back on the bill.
SPEAKER OF THE HOUSE: Representative Orr sends up an Amendment. The Amendment is acceptable to the author. Is there any objection to the adoption of the Amendment? Hearing none, so ordered. Now, we are back on the bill as amended. The Chair recognizes Representative Orr.
REPRESENTATIVE VESSEL: Will the gentleman yield for a question?
REPRESENTATIVE ORR: Absolutely.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE VESSEL: Representative Orr, I first want to acknowledge all your hard work and your sincere effort to bring a solution to our current financial difficulties. But as you know, I voted against this measure in appropriations. And my one reservation -- and I told you I was still open to having my mind changed. But my one reservation then and still today is how we treat the earnings from mineral rights that Texas holds. At one time we used the royalty income as a direct investment into our permanent School Fund to grow the corpus. That changed at some point, and my concern is that your HGR validates that change and potentially expands that.
REPRESENTATIVE ORR: Mike, I really -- I do not believe that is the case. Both of these funds are the permanent. They both are corpus moneys and both the General Land Office and the State Board of Education have rules in place that do a payout of money to the available School Fund. All I'm changing is the direction of how that money flows. Instead of going to the State Board of Education and then to the SFF, the Land Office is going to be able to make a direct deposit or a direct payment to the available School Fund. And the State Board of Education, which this really has not anything to do with, they do an amount of a total payout. The Land Office has a different formula of how they are going to distribute, and so that the corpus is not being -- I mean, they both have payouts, and I think it's been very conservative. I don't think this whole discussion is really about that they're paying too much money out. I think the discussion really has been around are they paying enough money? How much is enough to having these funds? You have the State Board of Education sitting on really about $24 billion. You have the General Land Office that has $5 billion in assets, a billion dollars in cash, and $2-1/2 billion in minerals. And so it's not that they are just giving away this money. This is -- I think the discussion is that it's not enough money is going to education. I respect the Commissioner. They were both working. The State Board of Education has come out with a payout schedule, and it has been working that for several years. But the General Land Office, also, has been very conservative in how they do a payout to the funds; but it's still one big PSS fund.
REPRESENTATIVE VESSEL: Does the Land Commissioner --
REPRESENTATIVE ORR: Move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. All those in favor, say aye. Opposed, no. Record vote has been requested. Record vote has been granted, Members. The clerk will ring the bell. Have all Members voted? Have all Members voted? There being 147 ayes, 0 nays, two present not voting, the HGR is adopted. The Chair lays out on second reading HB 804 and recognizes Representative Lucia.
THE CLERK: HB 804 which is relating to the offense of persons who's not a United States citizen.
REPRESENTATIVE LUCIA: Mr. Speaker and Members, I move to postpone for the further consideration of HB 804 to today, May the 11th at 5:00 p.m.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. Please excuse Representative Roland Gutierrez because of illness on a motion by Representative Burnam. The Chair lays out a matter of postponed business House Bill 628.
THE CLERK: HCR 628 by Callegari related to contracts by governmental entities and contracts by governmental permanent and payment bonds.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari.
REPRESENTATIVE CALLEGARI: Members, House Bill 628, basically, consolidates alternative projects that have been processed to a single chapter in the Government Code, to the legal approach for the preserve I have of professional services, with which applies to all governmental entities, procurement services, and extends the entities that may use these procedures to include hospital districts, junior colleges, port authorities, transit authorities and others. And it does allow construction management at risk and steel for construction services to be used for water waste, water conservation, utilities and other properties.
SPEAKER OF THE HOUSE: Members, there are a number of Amendments to this bill. The following Amendment. The Clerk will read the bill.
THE CLERK: Amendment Callegari.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari.
REPRESENTATIVE CALLEGARI: Members, this Amendment essentially goes over about five different things. Mostly clarifications. But it allows certified public accountants as a professional service. It strikes a provision of the bill that includes inter local contracts, to take that out of the proposal. It strikes language relating to cause a governmental entities from the bill, and it also removed certain water codes entities from the provision to the bill and fourthly, it extends county toll road authorities.
REPRESENTATIVE BERMAN: Madame Speaker, will the gentleman yield?
SPEAKER OF THE HOUSE: Will you yield, Mr. Callegari?
REPRESENTATIVE CALLEGARI: Yes, I yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE BERMAN: Mr. Callegari, would you please explain the Amendment and the portion that strikes a quasi-governmental entity in two sections of the bill on Page 10?
REPRESENTATIVE CALLEGARI: Yeah, let me just pull it up so I can read it. The bill originally in Section II 267, 02, related to the applicability of chapters to governmental entities and quasi-governmental entities. It removes the words and governmental agencies. And then two lines later, it refers to public work contracts made by -- governmental entities or quasi-governmental entities. And it strikes the word quasi-governmental entity again.
REPRESENTATIVE BERMAN: And it's your belief and my belief that this addresses the concern that my city had about the bill?
REPRESENTATIVE CALLEGARI: It's my understanding, yes.
REPRESENTATIVE BERMAN: Thank you so much for your corporation.
REPRESENTATIVE CALLEGARI: Thank you.
SPEAKER OF THE HOUSE: Representative Callegari sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The following Amendment. The Clerk will read the bill.
THE CLERK: Amendment by Callegari.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari.
REPRESENTATIVE CALLEGARI: Members, this particular Amendment provides that one of the considerations for an entity in order for contract to be considered a company that has a presence in the State of Texas. It's acceptable to the author.
SPEAKER OF THE HOUSE: Members, Representative Callegari sends up, and it is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted.
REPRESENTATIVE BERMAN: Madame Speaker.
SPEAKER OF THE HOUSE: Yes, Representative Berman. For what purpose?
REPRESENTATIVE BERMAN: Can I ask that the exchange between I and Representative Callegari be reduced to writing and put in the House journal?
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered.
REPRESENTATIVE BERMAN: Thank you.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Giddings.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Thank you, Madame Speaker. On Page 19, this Amendment simply gives the governmental entity ten working days instead of the 7th day to post the basis of its selection and make the evaluations public. I believe the Amendment is acceptable to the author.
SPEAKER OF THE HOUSE: Representative Giddings sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The Chair lays out the following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Davis of Dallas.
SPEAKER OF THE HOUSE: Is Ms. Davis on the floor? Is Mr. Huberty on the floor of the House? Ms. Davis? Mr. Huberty?
SPEAKER OF THE HOUSE: The Amendment is withdrawn. The following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Solomons.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Solomons.
REPRESENTATIVE SOLOMONS: Thank you, Madame Speaker and Members. I think this Amendment is acceptable to the author. What it does is exempt the -- my county, Denton County Transportation Authority, just as the bill exempts the NTTA and DART from the bill. And I wanted to make sure that we were in it, as well. I've talked to the author, and he said it was acceptable.
SPEAKER OF THE HOUSE: Members, Representative Solomons sends up an Amendment. It's acceptable to the author. Representative Hartnett, for what purpose?
REPRESENTATIVE HARTNETT: Will the gentleman yield for a question?
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE SOLOMONS: Sure.
REPRESENTATIVE HARTNETT: Regarding NTTA, is it doing anything to them?
REPRESENTATIVE SOLOMONS: The bill contains exemptions for various transportation entities, one of them. One of them happens to be the NTTA, and the say on bill issue. One of them is DART. If DART is going to be exempted and the NTTA is going to be exempted in the bill, I wanted to make sure the Denton County Transportation Authority was exempted, as well.
REPRESENTATIVE HARTNETT: You're just adding your group?
REPRESENTATIVE SOLOMONS: I'm just adding my county into that.
REPRESENTATIVE HARTNETT: Thank you.
SPEAKER OF THE HOUSE: Representative Solomons sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. Members, there are no further Amendments. The Chair recognizes Representative Callegari.
REPRESENTATIVE CALLEGARI: I move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none. All those in favor, say aye. Opposed, nay. The ayes have it. House Bill 628 passed through engrossment. The Chair lays out on postponed business HB 1205 on second reading. The Clerk will read the bill.
THE CLERK: HB 1205 by Turner relating to the establishment of certain time periods to which a defendants supervisor err vision is refused.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Turner.
REPRESENTATIVE TURNER: Ms. Speaker and Members, at that time last night, there was a postponement on this bill. The postponement has been withdrawn.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Turner.
REPRESENTATIVE TURNER: Thank you, Ms. Speaker and Members. This is HB 1205 which creates a positive incentive program that encourages completion of behavior of crimes. And specifically, this bill will provide credit towards completion of community supervision centers via a system of programming incentives, once probationary has satisfied or her fees and restitution obligations. Let me just say the people that are not included in this program who cannot take advantage are people who have a first degree or second degree offenses or three violent offenses. Sex offenders are not included and those guilty of family violence or DWIs.
SPEAKER OF THE HOUSE: Representative Gallego, for what purpose?
REPRESENTATIVE GALLEGO: Does the gentleman yield for a question?
SPEAKER OF THE HOUSE: Do you yield for a question?
REPRESENTATIVE TURNER: I would be more than happy to yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE GALLEGO: Mr. Turner, right now to get through probation, all you have to do, really, is behave.
REPRESENTATIVE TURNER: That's correct.
REPRESENTATIVE GALLEGO: And what your bill does is it sets essentially some incentive to do things over and above what you have to do to get through your probation?
REPRESENTATIVE TURNER: And that is correct.
REPRESENTATIVE GALLEGO: By going to school?
REPRESENTATIVE TURNER: That's correct.
REPRESENTATIVE GALLEGO: Getting a degree?
REPRESENTATIVE TURNER: Correct.
REPRESENTATIVE GALLEGO: All of those kind of things, which right now under the current law, all you have to do is behave.
REPRESENTATIVE TURNER: That is correct. So it achieves what we all desire. And let me just take this moment to thank you, Representative Stephanie Carter. I appreciate her working on the bill and withdrawing her point. I appreciate it. I want her to know that. I appreciate it because I think ultimately, the bill will benefit all of us and will make the system much safer. And that's why it has the support of many different groups.
REPRESENTATIVE GALLEGO: Thank you, Mr. Turner.
REPRESENTATIVE TURNER: Thank you very much.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Carter.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Carter.
REPRESENTATIVE CARTER: Thank you. Thank you so much, Madame Speaker, Members. What this Amendment does is it excludes kidnapping and arson from being offenses so behind credits would apply. And I'd like to take a moment and thank you Chairman Sylvester Turner because he has worked very hard on this. And I certainly want to leave this legislation up to the will of the body, and this is acceptable to the author.
SPEAKER OF THE HOUSE: Representative Members, Representative Carter sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The Chair recognizes Representative Turner.
REPRESENTATIVE TURNER: And, again, let me just say, thank you and to e-mail all of the co-authors. Representative Aliseda is a co-author on this bill, and I appreciate his support.
SPEAKER OF THE HOUSE: Representative Aliseda, for what purpose?
REPRESENTATIVE ALISEDA: Will the gentleman yield for some questions?
REPRESENTATIVE TURNER: I'll be more than happy to yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE ALISEDA: Mr. Turner, I agreed to help you on this bill because I think it's good public policy. I served as a county judge and had to supervise people on probation. And it's often very difficult to get them to do what is very important for them not to recidivate, which one of the things we ask them to do to get credit for is to get a high school diploma. And as you know, I've sat on the Board of Pardons and Paroles during my 5-1/2 years on the board. I've decided over 100,000 cases. And you know what? The majority of those individuals that I was making decisions about did not have a high school diploma. I think this is a good reward system to get that done. But in addition, and I think the Members need to be aware, that the time credit is only available if you have paid your entire fine and have lived up to all the requirements of your probation up until that time that the judge is making a decision about that time credit. I only bring this to the attention of the Members because I know that there's been some conservative indications that this might not be a good bill, but I do think it's a good bill. That's why I signed on it. So I thank you for bringing it to the House.
REPRESENTATIVE TURNER: Thank you, Representative Aliseda. And let me just also say that the American Legislative Exchange Council puts forth a document that says that this bill can both improve public safety performance by holding offenders accountable and more efficiently utilizing correction resources. The legislation would save the state needed taxpayers' dollars while maintaining public safety.
REPRESENTATIVE ALISEDA: That's right.
REPRESENTATIVE TURNER: And this is put out by ALEC, the American Legislative Exchange Council.
REPRESENTATIVE ALISEDA: In addition, the public policy foundation was for the bill.
REPRESENTATIVE TURNER: That's correct.
REPRESENTATIVE ALISEDA: I've just heard some indication that some other conservative indicators are not that good. But I do think it's a good bill. I believe it's good public policy. I thank you for bringing it.
REPRESENTATIVE TURNER: And I would like to say it was worked out in conjunction with the D.A.'s of the State of Texas. And Shannon Edmunds has indicated that anybody could call him in reference to this bill, as well.
REPRESENTATIVE ALISEDA: That's right. I heard their committee testimony on the bill, and I do believe that they were in favor of it. Thank you very much.
REPRESENTATIVE TURNER: Thank you. I move for your adoption.
SPEAKER OF THE HOUSE: Members, the question occurs on the passage to engrossment of HB 1205. All those in favor, say aye. Opposed, nay. The ayes have it. HB 1205 has passed to engrossment. Members, a record vote has been requested. A record vote has been granted. The clerk will ring the bell. Please show Marquez as an aye. Please show Sarah Davis as an aye. Please show Burkett as an aye. Please show Keffer as an aye. Have all Members voted? Have all Members voted? There being 111 ayes, 35 nays, two present not voting, HB 1205 is passed to engrossment. Members, the Senate companion to House Bill 1671 is over and acceptable. Accordingly, the Chair lays out Senate 602. The Clerk will read the bill.
THE CLERK: SB 602 by Rodriguez relating to allowing a governmental body to redact certain information during a public information law without the necessity of requesting a decision from the Attorney General (inaudible).
SPEAKER OF THE HOUSE: The Chair recognizes Representative Marquez.
REPRESENTATIVE MARQUEZ: Thank you, Madame Speaker. SB 602 relates to the open records request. This bill amends the Government Code to the Texas Transportation Code and the U.S. Transportation Code. Both Transportation Codes require that driver's licenses and permit numbers for motor vehicle operators be kept confidential. Right now an easy opinion is required each time a request is considered to redact that information. This opinion takes that problem that it can be redacted. It also states that if information is redacted, the request must be given written notification of the statute, which enables the redaction of information and be involved of the right to appeal. It also clarifies the ten-day period for responding to a request is reset when the request or modifies the request. The language codifies Texas Supreme Court decision from last year and eliminates ambiguity in the code. Members, I believe we have a few Amendments.
SPEAKER OF THE HOUSE: The following Amendment. The Clerk will read the bill.
THE CLERK: Amendment by Fletcher.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Fletcher.
REPRESENTATIVE FLETCHER: Thank you, Madame Speaker. Members, the purpose of this Amendment is to protect the individual receiving a traffic violation by keeping his address and phone number confidential.
SPEAKER OF THE HOUSE: It is acceptable to the author. Representative Fletcher sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The following Amendment, the Clerk will read the bill.
THE CLERK: Amendment by Sarah Davis of Harris.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis of Harris.
REPRESENTATIVE DAVIS: Thank you, Madame Speaker and Members. This is a Member that was brought to me by some concerns of the UT Health & Science Center to extend the Amendment to protect personal information including e-mails and personal e-mail addresses and personal telephone numbers maintained in institutions emergency notification system from relief from a frame of information requests. I believe the Amendment is acceptable to the author.
SPEAKER OF THE HOUSE: Representative Davis sends up an Amendment that's acceptable to the author. Is there any objection. Hearing none, the Amendment is adopted. The Chair lays out the following Amendment. The clerk will read the Amendment.
THE CLERK: Amendment by Fletcher.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Solomons.
REPRESENTATIVE SOLOMONS: Thank you, Speaker and Members. This Amendment basically doesn't restrict any certain information, but it does codify practices in disclosing public information and tries to clean that up. I believe it's acceptable to the author.
SPEAKER OF THE HOUSE: Representative Solomons sends an Amendment that's acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The Chair recognizes Representative Marquez.
REPRESENTATIVE MARQUEZ: Marquez, move passage.
SPEAKER OF THE HOUSE: Members, the question occurs on moving passage to engrossment of Senate Bill 602. All in favor, say aye. All those opposed, nay. The ayes have it, and SB 602 is passed engrossment. Representative Marquez moves to lay House Bill 1671 on the table subject to call. Is there any objection? The Chair hears none. So ordered. The Chair lays out on postponed business House Bill 3517. The Chair recognizes Representative Branch.
REPRESENTATIVE BRANCH: Thank you, Speaker and Members. I'm going to move to postpone HB 3517 until 8:00 p.m. today, May 11, 2011.
SPEAKER OF THE HOUSE: Members, you've heard the motion. The Chair lays out House Bill 3517. The clerk will read the bill.
THE CLERK: HB 3517 by Branch, regarding the administration of public affairs and public institutions of higher education.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Branch.
REPRESENTATIVE BRANCH: Move to postpone HB 3517. Is there any objection? Chair hears none. So ordered. The Chair lays out on postponed business HB 2233. The clerk will read the bill.
THE CLERK: HB 2233 by Huberty relating to certain contracts. An entity by school districts for another entities to provide lunch to school districts at one or more interested schools.
SPEAKER OF THE HOUSE: Chair recognizes Representative Huberty.
REPRESENTATIVE HUBERTY: Members, I move to postpone this bill to a time certain 3:15 this afternoon.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out Point of Order to postpone HB 3308. The clerk will read the bill.
THE CLERK: HB 3308 by Rodriguez relating to the operation of electric plug and electric motor vehicles.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Thank you, Speaker, Members. I move to postpone this bill to September 27th, 2011, in honor of Sylvester Turner's birthday.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out on postponed business HB 1089, second reading; and the clerk will read the bill.
THE CLERK: HB 1089 by Martinez-Fischer, relating to the authority or the county or municipality requiring the removal or community by a property owner.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hilderbran.
REPRESENTATIVE HILDERBRAN: Thank you, Speaker. I move to postpone this bill to a situation of House Bill 1089 until 1:00 p.m., May 12, 2011.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out on postponed business House Bill 1355. Clerk will read the bill.
THE CLERK: HB 1355 by Orr, relating to title insurance coverage for certain damage to the surface of the land.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr.
REPRESENTATIVE ORR: Members, this is the bill that we passed yesterday that would accept two endorsements of a policy dealing with mineral rights. We have a clarifying Amendment.
SPEAKER OF THE HOUSE: The Chair lays out the following Amendment. The clerk will read the bill.
THE CLERK: Amendment by Hughes.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hughes.
REPRESENTATIVE HUGHES: Thank you, Speaker, Members. Mr. Orr and I each offered an Amendment to the bill on the second reading. This third reading to the Amendment sharpens the language. It's acceptable to the author. I move passage.
SPEAKER OF THE HOUSE: Members, Representative Hughes sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The Chair recognizes Representative Orr.
REPRESENTATIVE ORR: Move passage.
SPEAKER OF THE HOUSE: Members, this is a record vote. The clerk will ring the bell. Show Representative Darby voting aye. Have all Members voted? Have all Members voted? There being 146 ayes, 0 nays, two present not voting, House Bill 1355 has finally passed. The Chair lays out on postponed business House Bill 3790. The clerk will read the bill.
THE CLERK: HB 3790 in the state fiscal matters.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.
REPRESENTATIVE DARBY: Members, move to postpone House Bill 3790 to a time certain, 7:00 o'clock a.m. on May the 12th.
SPEAKER OF THE HOUSE: Representative Gallego, for what purpose?
REPRESENTATIVE GALLEGO: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE GALLEGO: Since this is the 6th or 7th or 8th time that we postponed fiscal matters and I understand the Senate Bill is already over and eligible and it's out of House Committee. So I'm curious: Rather than postpone for a day at a time, is the plan just to use the Senate Bill so that we can all stop reading fiscal matters every night? And just admit that we're using the Senate Bill? And that way and we're not -- so that we won't kill House Bills and just -- as opposed to postponing every day --
SPEAKER OF THE HOUSE: Sure.
REPRESENTATIVE GALLEGO: -- for hours every time.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.
REPRESENTATIVE DARBY: Representative Gallego, it's my understanding that the Senate Bill is over. It's in Calendars right now.
REPRESENTATIVE GALLEGO: So let's make it eligible to lay out immediately. So it does have to be reset.
REPRESENTATIVE DARBY: But I think there's going to be a calendar rule on that bill. So I think all that's being scheduled. It my understanding right now.
REPRESENTATIVE GALLEGO: Right. So we're using the Senate Bill as a vehicle? We're not going to by the House Bill? Is that the plan?
REPRESENTATIVE DARBY: From what I've been advised, that would be the plan.
REPRESENTATIVE GALLEGO: Okay. So rather than postponing it for 24 hours so that we have this conversation on a daily basis, why can't we just postpone it until Monday and that way when the Senate Bill comes out, the Calendar Committee has plenty of opportunity to meet and lay out the calendar rule and we won't have to worry about postponing every day?
REPRESENTATIVE DARBY: Representative Gallego, my Committee Chair has instructed me to postpone this until 7:00 o'clock a.m. on May the 12th and that's what I'm going to do.
REPRESENTATIVE GALLEGO: I understand that, but Parliamentary Inquiry.
SPEAKER OF THE HOUSE: Thank you. State your inquiry.
REPRESENTATIVE GALLEGO: The Parliamentary impact of doing this every day is every day we have essentially a blocker bill in front of the calendar before the deadline for House Bills to pass; is that correct?
SPEAKER OF THE HOUSE: Every day we have a calendar arranged that includes postponed business.
REPRESENTATIVE GALLEGO: And you have to get through the postponed business in order to get through the rest of the Calendar?
SPEAKER OF THE HOUSE: Depends on the placement of the bill that you're interested.
REPRESENTATIVE GALLEGO: And if the plan is to put a calendar rule on the Senate Bill, then there is no difference? Postponing until such time as the Senate Bills that we're talking about, so there would be no difference? Postponing until Monday as opposed to postponing until tomorrow; is that correct?
SPEAKER OF THE HOUSE: The Chair is not advised. The Chair is aware of Mr. Darby's motion.
REPRESENTATIVE GALLEGO: All right. All right.
SPEAKER OF THE HOUSE: Representative Darby moves to postpone until 7:00 a.m. tomorrow House Bill 3790. Is there any objection? Hearing none, so ordered. The Chair lays out on postponed House Bill 3640, second reading. Clerk will read the bill.
THE CLERK: HB 3640 by relating to the remitting and allocation of certain taxes and fees.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.
REPRESENTATIVE DARBY: Speaker, I move to postpone House Bill 3640 until 7:00 o'clock a.m. on May the 12th.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out as a matter of postponed business, HB 3665 on second reading. Clerk will read the bill.
THE CLERK: HB 3665 by Otto relating to state fiscal honors and related to governmental.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.
REPRESENTATIVE OTTO: I move to postpone consideration of House Bill 3665 until May 12th at 7:00 a.m.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out on a matter of postponed business 3639. Clerk will read the bill.
THE CLERK: HB 3639 relating to state fiscal matters and related to higher education.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.
REPRESENTATIVE DARBY: I move to postpone House Bill 3639 until 7:00 o'clock a.m. on May the 12th.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out on postponed House Bill 3648, second reading. Clerk will read the bill.
THE CLERK: House Bill 3648 by Otto relating to state fiscal matters relating to judiciary review.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.
REPRESENTATIVE OTTO: Move to postpone consideration of House Bill 3648 until 7:00 a.m. on May 12th.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out as a matter of postponed business House Bill 3418 on second reading. Clerk will read the bill.
THE CLERK: HB 3418 by Darby relating to state fiscal matters relating to Senate resources and the environment.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.
REPRESENTATIVE DARBY: I move to postpone House Bill 3418 until 7:00 o'clock a.m. on May the 12th.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. Members, the Senate Companion to House Bill 1950 is original. Accordingly, the Chair lays out Senate Bill 647. Clerk will read the bill.
THE CLERK: Senate Bill 647 by Hagger relating to the continuation and operation of the Office of Public Insurance Council.
(HOUSE STAND IN RECESS)
REPRESENTATIVE TAYLOR: Thank you, Madame Speaker. The is the Sunset Bill for the Office of Public Insurance Council and I believe there's one Amendment.
SPEAKER OF THE HOUSE: The Chair lays out the following Amendment. The following Amendment. The clerk will read the amendment.
CLERK: Amendment by Sheets.
CLERK OF THE HOUSE: The Chair recognizes Representative Sheets.
REPRESENTATIVE SHEETS: Thank you, Madame Speaker. This Amendment just clarifies some of the responsibilities for the responsibilities of the Office of Public Insurance Council and the Amendment is acceptable to the author.
SPEAKER OF THE HOUSE: Members, Representative Sheets sends out an Amendment. It's acceptable to the author. Is there an objection? Chair hears none. So ordered. The Amendment is adopted. The following Amendment. The clerk will read the amendment.
CLERK: Amendment by Martinez-Fischer.
SPEAKER OF THE HOUSE: Is Representative Martinez-Fischer on the floor of the House? The Amendment is withdrawn. The Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Mr. Hunter wanted me to clarify that there are no rates in this bill, and I move passage. Thank you.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Taylor to close. Anyone wishing to speak for or against SB 647? The question occurs on passage engrossment of Senate Bill 647. All those in favor say aye. All those opposed nay. Ayes have it. Senate Bill 647 has passed engrossment. Representative Taylor moves to lay House Bill 647 on the table subject to call. Is there an objection? The Chair hears none. So ordered. The Chair lays out as a matter of postpone business House Bill 2150. The clerk will read the amendment.
CLERK: HB 1250 regarding the use of electronic signatures of certain documents regarding certain municipalities --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Frullo.
REPRESENTATIVE FRULLO: Thank you, Mr. Speaker. House Bill 1250 we'd like to postpone till Thursday, May 12th at 9:00 a.m. until the Senate Bill comes over.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out as a matter of postpone business on third reading, House Bill 3036. The clerk will read the amendment. Clerk: HB 3036 by Alvarado relating to the municipal treatment and sales tax.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Alvarado.
REPRESENTATIVE ALVARADO: Thank you, Mr. Speaker and Members. This is the bill we heard yesterday, and talking with several Members, have cleared up some of the uncertainty that was out there. And this is just simply allowing cities that utilize the municipal sales and use tax, street maintenance, to authors rise, every -- right now, we currently authors rise every four years. This allows them to re-authorize up to every ten years.
SPEAKER OF THE HOUSE: Mr. Hilderbran, for what purpose?
REPRESENTATIVE HILDERBRAN: Will the gentlelady yield?
SPEAKER OF THE HOUSE: Will the lady yield?
REPRESENTATIVE ALVARADO: I will yield.
REPRESENTATIVE HILDERBRAN: Representative Alvarado, so your bill which came out of the Ways & Means Committee unanimously -- there was actually two similar bills, with one by Mr. Smith and your bill. But, basically, your bill simply authorizes or enables the local voters to authorize an extension of a tax that are already up to ten years. I have it up to ten years. In fact, Representative Larry Phillips' made that Amendment yesterday. And of course, this is all with vote approval. And thank you and your Committee Members for voting that out.
SPEAKER OF THE HOUSE: Mr. Phillips, for what purpose?
REPRESENTATIVE PHILLIPS: Will the gentlelady yield for some questions?
REPRESENTATIVE ALVARADO: Yes.
REPRESENTATIVE HILDERBRAN: Again, this is not any kind of statewide. This is individual municipalities. If they have sales tax in their cap, this allows them to go to the voters and say, we want -- we're going to do a road project. We're going to refurbish the roads on this part of town, and on this particular of town, and we're going to ask the voters to vote for that, and it's up to the voters, is that correct?
REPRESENTATIVE ALVARADO: That's correct. And I believe you worked on something very similar to.
REPRESENTATIVE HILDERBRAN: We've had that before, and I know my city, before I even knew -Darby mean, I never talked with them. They came to us as voters that said, look, we've got these projects we'd like to do. Would you all please vote for us to use some of the little bit of sales tax we have left. And by the way, voters, if we do that in the city we're going to actually lower your property tax kind of off at the time it because we'll let the sales tax. And the reason: They'll have more than four years. There are some cities that use this exclusively to refab their roadways; is that correct?
REPRESENTATIVE ALVARADO: That's correct.
REPRESENTATIVE HILDERBRAN: And so there's some cities that, kind of, are the regional areas and you have a lot of people coming into those cities. And so it's those outside the city that are going to help pay for the use of the cities because they use those. There's several examples, and so by having that election every four years, they want to extend it to say six years or eight years and let the voters approve that, then that will cut down on the cost of having to have an election; is that correct?
REPRESENTATIVE ALVARADO: That's correct. And your Amendment gave them that flexibility.
REPRESENTATIVE BERMAN: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Berman, for what purpose?
REPRESENTATIVE BERMAN: Will the lady yield?
SPEAKER OF THE HOUSE: Ms. Alvarado?
REPRESENTATIVE ALVARADO: Yes.
REPRESENTATIVE BERMAN: Thank you, Carol. My city, Tyler, has a half cents sales tax, used exclusively for infrastructure. And we take cash for everything, our airport, our streets, our sewers, our sewer lines. How will your bill effect that?
REPRESENTATIVE ALVARADO: Well, if it is called the Municipal Sales and Use Tax, Street Maintenance, then they are able to re-authorize, not just every four years, but they can do it up to every ten years, and it has to have vote approval.
REPRESENTATIVE HILDERBRAN: We're doing it permanently. We have approval to do it systematically.
REPRESENTATIVE ALVARADO: So then it doesn't impact it.
REPRESENTATIVE HILDERBRAN: It doesn't impact it at all.
REPRESENTATIVE ALVARADO: Right.
REPRESENTATIVE HILDERBRAN: Okay. You've got a good bill then and I'll be voting for it this time.
REPRESENTATIVE ALVARADO: Thank you. I appreciate your support. I move passage.
SPEAKER OF THE HOUSE: Mr. Sheffield, for what purpose?
REPRESENTATIVE SHEFFIELD: Will the lady yield?
SPEAKER OF THE HOUSE: Ms. Alvarado, do you yield?
REPRESENTATIVE ALVARADO: Yes, sir.
REPRESENTATIVE SHEFFIELD: Carol, you and I were Chairs of our class last Session, right?
REPRESENTATIVE ALVARADO: That's correct.
REPRESENTATIVE SHEFFIELD: We worked real hard getting bills passed for each other and really explaining about the bills what we were laying out and so forth. The other day when you had your bill up, I really didn't understand it very well. You did a much better job today explaining the bill and I'm voting with you.
REPRESENTATIVE ALVARADO: Thank you. I appreciate that. I move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against House Bill 3036? The question occurs on final passage of House Bill 3036. It's a record vote. Clerk ring the bell. Have all voted? Have all Members voted? Being 121 ayes and 19 nays. House Bill 3036 has finally passed. The Chair lays out on second reading, House Bill 2338. The clerk will read the bill.
CLERK: House Bill 3328 by Keffer relating to disclosure of the hydraulic spark treating utilities and hydraulic spark treatment plants.
SPEAKER OF THE HOUSE: Madame Doorkeeper?
MADAME DOORKEEPER: Mr. Speaker, I have a message from the Senate at the Door of the House.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the house that the Senate has taken the following action.
SPEAKER OF THE HOUSE: The Chair recognizes refer Keffer.
REPRESENTATIVE KEFFER: Thank you, Mr. Speaker. Members, today I bring you a landmark piece of legislature related to the public disclosure of ingredients used in hydraulic fracturing fluids on wells drilled in Texas. With the rapid development of hydraulic fracturing technology, we are now identifying natural gas reserves in this country that can supply our energy needs for the next 100 years with a clean, domestically-available product. If passed, this bill will make Texas the first state to mandate the full public enclosure of chemical composition of hydraulic fracturing fluids on a well by well basis, and establish a clear model for other states to follow. The bill also protects confidential business information while still disclosing the information needed for research, regulatory investigations and medical treatment. This bill balances the need of the public's desire for transparency in the process, with the legitimate trade secrets concerned of service operators who have invested hundreds of millions of dollars to develop their own unique fracturing process. And I wanted to stress this point: Although there have been no cases of other process causing ground water contamination in cases. Again, I'll say, although there have been no cases of the process causing ground water contamination in Texas, the public has stated clearly that they want to know what chemicals are being used in our hydraulic fracturing process. 3328 requires the Railroad Commission to make rules requiring for an operator with a well that has undergone a hydraulic fracturing treatment to use the website of the Interstate, Oil & Gas Compact Commission and the Ground Water Protection Council, www.fracfocus.org to disclose chemical ingredients of hydraulic fracturing fluids on a well-by-well basis. Operators will use the GWPC form to disclose those chemicals that are considered by the Federal Government to be potentially toxic or carcinogenic, also known as the MSDS chemicals, and include non-MSDS chemicals on the GWPC form. 3328 provides trade secret protection under Texas law. Operators, service companies and suppliers can withhold a chemical name and an amount used by chemicals that they consider trade secrets. However, the sale allows for a landowner on a property the well is located, a land owner who owns adjacent property, and a department or agency of the states and towns it claims as the trade secrets. There are some Amendments that will be forthcoming to help this bill and I'm open for questions.
REPRESENTATIVE STRAMA: Mr. Speaker, would the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Keffer, do you yield?
REPRESENTATIVE KEFFER: Certainly.
REPRESENTATIVE STRAMA: Mr. Keffer, I appreciate the how hard you've worked to get this bill to the floor and the way that it will have the support of the large majority of the House, I hope. You know that since you and I have been serving together on the Energy Resources Committee I've worked really hard on renewable energy issues, hoping that there will be disruptive innovation in the energy industry that Texas can be a leader in. Do you know what the most disruptive innovation's been in the energy industry in the past five years?
REPRESENTATIVE KEFFER: No.
REPRESENTATIVE STRAMA: Hydraulic fracturing. And it's just transforms the energy industry, mostly in ways that have benefitted us, after we've seen, you know, disasters in deepwater drilling, disasters in Japan in nuclear power. Disasters with coal mining. Natural gas industry is looking pretty good, wouldn't you say?
REPRESENTATIVE KEFFER: I would, and we've been blessed with the reserves that we have here in State of Texas and finding more almost monthly. So we are blessed with that and what we're trying to do here is to for the people of Texas and the oil and gas industry to co-exist.
REPRESENTATIVE STRAMA: And hydraulic fracturing has not only had an impact on the pact of natural gas, but it's had a significant impact on the price that we as rate pairs pay for electricity, too, hasn't it?
REPRESENTATIVE KEFFER: Right. It has.
REPRESENTATIVE STRAMA: This bill is really about taking this disruptive technology that has transformed the industry in a pretty dramatic way and making sure that we are preemptively and preventatively addressing any potential concerns that might come from the effect of the chemicals used and the effect that they could potentially have on ground water supplies and other resources?
REPRESENTATIVE KEFFER: That's right.
REPRESENTATIVE STRAMA: I appreciate your efforts on this bill and I appreciate how hard you've worked on it.
REPRESENTATIVE KEFFER: Thank you very much.
SPEAKER OF THE HOUSE: Mr. Craddick, for what purpose?
REPRESENTATIVE CRADDICK: Will the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Keffer, do you yield?
REPRESENTATIVE KEFFER: Certainly.
REPRESENTATIVE CRADDICK: Mr. Keffer, I've got a couple of questions. So President Obama last week or week before last, I may be off a week, he put a deal into effect that he asked for a commission to look at a way to regulate fracturing, and he gave them days before they do an Executive Order; is that right?
REPRESENTATIVE KEFFER: I believe you're right, yes, sir.
REPRESENTATIVE CRADDICK: And everybody in the country is against that. People are against the Executive Order, having the President go in and enforce the release of fracking, but we're doing it in here in Texas, which will be the first state to do that; is that correct?
REPRESENTATIVE KEFFER: Well, no. We're not the first state. But we'll be the first state to publicly disclose elements of fracking fluids. Wyoming and Arkansas have similar, but they're not public.
REPRESENTATIVE CRADDICK: Right. Also, I notice where in the paperwork the other day, where the University of Texas, Bureau of Geology, is also doing a study that they've been asked to come back at a very rapid pace. Are you aware of that?
REPRESENTATIVE KEFFER: I think there are many, many people doing studies out there right now.
REPRESENTATIVE CRADDICK: Well, we're going to do a bill in Texas before we get those reports back?
REPRESENTATIVE KEFFER: I'm hopeful that we can do this to preempt some of the bad stuff that could be coming down from the federal, yes.
REPRESENTATIVE CRADDICK: What business are you in Mr. Keffer?
REPRESENTATIVE KEFFER: Iron foundries.
REPRESENTATIVE CRADDICK: I'm sorry?
REPRESENTATIVE KEFFER: Iron foundries.
REPRESENTATIVE CRADDICK: Okay. Do you publish what all you do in your -- in all the products you make?
REPRESENTATIVE KEFFER: Yes, sir.
REPRESENTATIVE CRADDICK: Do you publish your rate?
REPRESENTATIVE KEFFER: Our rates?
REPRESENTATIVE CRADDICK: Yeah. What you charge for your products.
REPRESENTATIVE KEFFER: Sure.
REPRESENTATIVE CRADDICK: You do? You publish those?
REPRESENTATIVE KEFFER: For our sales, yes.
REPRESENTATIVE CRADDICK: Yeah. All your things are published so all your competitors know what those prices are?
REPRESENTATIVE KEFFER: No.
REPRESENTATIVE CRADDICK: Oh, okay.
REPRESENTATIVE KEFFER: That's why we have it in this bill. That's why we have the trade secret position.
REPRESENTATIVE CRADDICK: I have a question on that in just a minute.
REPRESENTATIVE KEFFER: Okay. Sure.
REPRESENTATIVE CRADDICK: So you're going to send this to the Railroad Commission; is that correct? And they're going to keep this a secret and so I guess it's going to keep being a 40-foot underground vault so no employee can look at it; is that right?
REPRESENTATIVE KEFFER: It's 45-foot, yes, sir.
REPRESENTATIVE CRADDICK: It's what? 45-foot, great. You know, a lot of people that are independents in the gas industry came out of major companies and they brought the maps and some of the things they saw and, God, they just somehow happened out there. You don't think that's going to happen to the Railroad Commission? No one --
REPRESENTATIVE KEFFER: I've been assured by the Railroad Commission that they can handle this properly, yes, sir.
REPRESENTATIVE CRADDICK: Okay. So if I'm an independent businessman or an American that we believe in the freedom, and I develop a better mouse trap and wish to do a frac or complete something, I've got to release that today under your provisions; is that correct?
REPRESENTATIVE KEFFER: Not the trade secret. If you consider it trade secret, no, you would not.
REPRESENTATIVE CRADDICK: I have to release it, though, do I not, to the Railroad Commission?
REPRESENTATIVE KEFFER: Yes. To the Railroad Commission.
REPRESENTATIVE CRADDICK: And somebody at railroad?
REPRESENTATIVE KEFFER: Yes.
REPRESENTATIVE CRADDICK: And somebody at the Railroad Commission can see that; is that correct?
REPRESENTATIVE KEFFER: That's right.
REPRESENTATIVE CRADDICK: And if they quit the Railroad Commission or if you've got languages in it that they can't release that for the next 50 years or ten years or one year or five seconds?
REPRESENTATIVE KEFFER: Been over what they consider -- they keep trade secrets right now. They do that right now, as far as drilling, as far as that situation. So I've been told by the Railroad Commission that they are comfortable and can control and handle this trade secret situation.
REPRESENTATIVE CRADDICK: But there is no Amendment in your bill that somebody can't take that and quit and release that data.
REPRESENTATIVE KEFFER: Well, they've been keeping trade secrets like, I said before, this and they haven't had a problem that I know of. So I consider that they can handle the situation.
REPRESENTATIVE CRADDICK: Okay. Thank you.
REPRESENTATIVE KEFFER: Thank you.
SPEAKER OF THE HOUSE: Mr. Veasey, for what purpose?
REPRESENTATIVE VEASEY: Mr. Keffer, you were talking about the trade secrets earlier. Tell me, again, since there's was a lot of talking, I couldn't hear. Exactly how does your bill address what chemicals are being used and as far as decision closing them to the public.
REPRESENTATIVE KEFFER: Well, there are a one percent every ingredient will be disclosed on this website as I state and MSDS and non-MSDS. And then if the company, the service company, has a situation they consider a trade secret, then they will put that as a trade secret. The Railroad Commission will have it. If they are challenged on that trade secret, that automatically goes to the Attorney General's Office for the State of Texas, and the Attorney General will look at -- and there's a criteria that, Chapter 552 of the Government Code that the Attorney General will look at to make sure that it is truly a trade secret. I mean, just because you say it, doesn't mean automatically it is. The attorney general will look at it. And then they will make that determination on whether or not that is truly a trade secret.
REPRESENTATIVE VEASEY: Does your original bill require that the amount of the various chemicals be disclosed before the changes were made in the bill? Was there, like, for instance in the --
REPRESENTATIVE KEFFER: There have been some changes, yes. Mr. Farkle have an Amendment here in just a little bit, and we'll make a change to the bill as it is right now.
REPRESENTATIVE VEASEY: Okay.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the amendment.
CLERK: Amendment by Parker.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Parker.
REPRESENTATIVE PARKER: Thank you, Mr. Speaker. This Amendment clarifies that the operator does not have to disclose chemicals that may be present in the base fluid water that are not intentionally added to a fracturing fluid. For example, chlorine is present in all tap water in the country and trace amounts are found in ground waters throughout the country. The Amendment also requires non-MSDS chemicals to be listed on a separate form that does not note concentration amounts. Non-MSDS chemicals are those that have been identified by the Federal Government as being potentially hazardous. While the bill allows operators and service companies to classify certain agreements as TCEQ trade secrets, the legal standard for a trade secret can be difficult to meet. This Amendment allows companies not to disclose concentration amounts of non-hazardous chemicals so that their competitors cannot use information to reverse engineer and replicate formulas that the companies have invested tens of millions of dollars historically to develop. The Amendment, I believe, is acceptable to the author.
REPRESENTATIVE VEASEY: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Veasey, for what purpose?
REPRESENTATIVE VEASEY: Will the gentleman yield?
REPRESENTATIVE PARKER: I yield.
REPRESENTATIVE VEASEY: Okay. So I want to understand you clearly because obviously where we live, this is a big issue, big issue for republicans and democrats, people that live in very conservative areas and people, that live in urban areas, as well. As far as them not having to disclose the ingredients or the exact ingredients in their cocktails or the chemicals that they're using, will they have to -- let's say that a chemical is considered, you know, possibly to be dangerous. If that's part of their trade secret, will they still have to release it? I didn't quite understand the last part of your --
REPRESENTATIVE PARKER: No. Mark, it's on the MSDS List.
REPRESENTATIVE VEASEY: Okay.
REPRESENTATIVE PARKER: Okay. So if it's on the MSDS List, then they have to disclose it. If it's not, regardless if it hazardous by the Federal Government, therefore, not on the MSDS Sheet, then they do not need to disclose.
REPRESENTATIVE VEASEY: So if a chemical could possibly be dangerous or is not on this list and the exact amounts of the ingredients aren't being disclosed, will they have to disclose that ingredient if it's part of their trade secret?
REPRESENTATIVE PARKER: I'm sorry. Say that again.
REPRESENTATIVE VEASEY: It is considered dangerous, and I think you said that the MSDS List?
REPRESENTATIVE PARKER: MSDS List.
REPRESENTATIVE VEASEY: Okay. Which is the Material Safety Data Sheet. Okay. So let's say that a material is dangerous, and a company says that a material that disclosing this dangerous material or possibly dangerous material have I don't want to over step here. But let's say that they say that it is -- that it may be dangerous or people need to be aware of it and it is a part of their trade secret. They still have to disclose that? Just not the to amount? Am I understanding that correctly?
REPRESENTATIVE PARKER: That's correct. We're talk about the quantities in that situation.
REPRESENTATIVE VEASEY: Okay. Good. Thank you.
REPRESENTATIVE PARKER: That's right.
SPEAKER OF THE HOUSE: The following Amendment to the Amendment. The clerk will read the amendment.
REPRESENTATIVE BURNAM: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Burnam, for what purpose? REPRESENTATIVE Mr. Burnam: Could I ask some clarifying questions of the author of the bill?
SPEAKER OF THE HOUSE: We're laying out the Amendment to the Amendment. The following Amendment to the Amendment. The clerk will read the Amendment.
THE CLERK: Amendment to the Amendment by Burnam.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Burnam.
REPRESENTATIVE BURNAM: Thank you, Mr. Speaker. This Amendment simply clarifies the concern that the information that is appropriate will be available to the public.
SPEAKER OF THE HOUSE: Representative Burnam sends up an Amendment to the Amendment. The Amendment to the Amendment is acceptable to the author. Is there an objection? The Chair hears none. The Amendment to the Amendment is adopted. The Parker Amendment. The Chair recognizes Representative Parker.
REPRESENTATIVE PARKER: Move passage.
REPRESENTATIVE BURNMAN: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Burnam, for what purpose?
REPRESENTATIVE BURNMAN: Before adoption of the Amendment, could I ask some clarifying questions of the author of the bill?
SPEAKER OF THE HOUSE: Yes. The Chair recognizes Representative Burnam.
REPRESENTATIVE BURNMAN: Thank you, Mr. Speaker. This Amendment changes what and to whom chemicals used in a frac job are disclosed. Does Parker's Amendment in any way limit public access to the non-MSDS chemicals that will be provided to the Railroad Commission and to the Ground Water Protection Council? Representative Burnam: No, it does not in any way limit public access to the chemicals used.
REPRESENTATIVE BURNMAN: So the Parker Amendment requires that each list a non-MSDS chemicals used in a frac job for a well provided to the Railroad Commission is provided to the operators, well completion report?
REPRESENTATIVE KEFFER: That's correct.
REPRESENTATIVE BURNMAN: And it is the intent of this Amendment and this bill, if this Amendment a list of non-MSDS chemicals, be made available on a publicly accessible website, either the Railroad Commission or the Ground Water Protection Council or both?
REPRESENTATIVE KEFFER: That is correct. It will be either of the two websites, yes, that is correct.
REPRESENTATIVE BURNMAN: Thank you, very much. Mr. Speaker, I'd like to ask that the exchange between Chairman Keffer and myself be reduced to writing and be put in the House Journal.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. Representative Parker sends up an Amendment. The Amendment is acceptable to the author. Is there an objection? The Chair hears none. The Amendment is adopted. The Chair recognizes Representative Keffer. Representative Lewis, for what purpose?
REPRESENTATIVE LEWIS: Mr. Speaker, will the gentleman yield for just a few questions?
SPEAKER OF THE HOUSE: Mr. Keffer, do you yield?
REPRESENTATIVE KEFFER: Certainly.
REPRESENTATIVE LEWIS: Mr. Keffer, just to go over this trade secret proces just a little bit more, trade secrets are already protected within the Open Records Act; isn't that correct, sir?
REPRESENTATIVE KEFFER: That's the way I understand, yes, sir.
REPRESENTATIVE LEWIS: So we have a long body of rulings and laws with regard to protection of trade secrets and how they're protected and when the government has them, how they can be protected? And if it's a trade secret, it's the Attorney General makes a ruling on it, and if anybody's dissatisfied with that, they can go to court to stop it from being revealed; is that correct, sir?
REPRESENTATIVE KEFFER: That's the way I understand it, yes, sir.
REPRESENTATIVE LEWIS: So these are well protected within the body of law that we already have it with developed? It's with the Open Records Act?
REPRESENTATIVE KEFFER: Yes.
REPRESENTATIVE LEWIS: Thank you.
REPRESENTATIVE KEFFER: Thank you for clarifying.
SPEAKER OF THE HOUSE: Anyone, wishing to speak on or against House Bill 3328? If not, the question occurs on passage of engrossment to House Bill 2238. All those in favor say aye. Opposed nay. The ayes have it. House Bill 3328 has passed engrossment. The Chair lays out on second reading House Bill 2592.
CLERK: HB 2592 by Truitt relating to notice and requirements of credit organizations regarding charges in consumer borrowing --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.
REPRESENTATIVE TRUITT: Thank you, Madame Speaker. Members. What I would like to do is just lay a little ground work, and then go into the bill, and I'll try not to take up anymore time as possible, but we've seen this issue come to the floor before. We've seen it blow up, and I hope to prohibit that from happening this time. Perhaps, Members, you've seen the proliferation of storefronts offering payday and auto title loans. Presently, these businesses operate outside of any state regulation or oversite under Chapter III 93 of the Texas Finance Code, calling themselves credit service organizations or CSO. They're not really credit service organizations, though. What they are and what I propose to rename them is credit asset businesses or CEB. The need for regulation of these types of businesses material been hotly debated on the floor of this House during the last several sessions. Clearly there is a market for these short-term loans and please know that it is not any desire to put any legitimate operators out of business. I believe that the last thing that this legislature should do is put them out of business because I believe that the Texans, the options for those borrowers would be worse than what exists already. Yet practices within the industry simply demand attention from this legislature. I have three bills that will be out today, and one tomorrow that I'll be laying out that will put necessary and appropriate regulations and restraints on those making payday and auto title loans. These bills are the product of more than 100 hours of intense negotiations between representatives from the industry and consumer advocates. With help from the UT Law School Center For Public Policy Dispute Resolution, mediation settles many of the questions and disputes between the two groups. The three bills will rename the CSOs as Credit Access Businesses. That's because the law that created CSOs was never intended to be used for entities making payday loans or auto titles. But today that is its primary use. Therefore, it's become necessary to distinguish between true CSOs that provide debt counseling and credit assistance and the Credit Access Businesses that broker payday and/or auto title loans. The request of how state government should oversee payday and title lending has been before this body before on several occasions. Each time a bill has come to the floor it has been heavily amended, attacked and ultimately killed. As Chair of Pensions, Investments & Financial Services, the responsibilities for this issue has fallen to me. I decided to file my own bills on this issue because I looked at the bills that had been filed in both the House and the Senate and did not think that any of them had a chance of surviving the floor of the House because of their structure and their content. I have three bills because I want to try to limit the ability of Members who, for whatever reason, may wish to kill one or more of these bills. The bills are tightly crafted so Amendments that are not germane will be easily identified. Members, it's time we do something to address public concerns about these businesses. I do not wish to harm the legitimate players in this business, but something must be done about the predators who purposely attack customers into a cycle of debt. Clearly, there is a problem. Most of the time the problem presents itself in what others and I call the cycle of debt. A person will go to a payday loan store or a title loan store and take out a loan that they intend to pay back in two or four weeks. Then when the note comes due, they can't pay. So they end up renewing the loan and this happens again and again and again. Well, I say if a person takes out a loan of $1,000 or has to renew it once a month for five or six months, it's and short-term loan. That's a very expensive mid-term loan. A loan that needed to be paid off much sooner. On the other hand, there is an important need for the service being offered by the CEB. The market for high risk, short-term loans has been around for thousands of years, and it won't go away, even if we regulate the CEBs out of business. Loan sharks, offshore internet lenders, sovereign nation lenders, even gangs, all pretty much beyond the reach of the law will fill the void if we regulate these people out of business. That is not the right solution. This mediation did not settle all the questions and disputes between the two groups, but it did settle most of them. I listened to their output and filled in the gaps. Neither side got all they wanted. Neither side is entirely satisfied with these three bills, but Members, these bills are fair. They're evenhanded. The bills have the support of most of the consumer advocates and the industry, and I have letters of support from the industry, and from the consumer advocates and I believe the Texas Association of Business sent out something today on it. I know that there are people on both sides of the debate that might want to kill one or more of these bills, but I would ask that you keep that from happening. It's time that we need to do something about the issue, and I'm convinced that these bills lay a good foundation for a fair, market focus, limited government solution to the problem. They are balanced. They attack the cycle of debt without suffocating legitimate act offers with regulations. They allow the Consumer Credit Commissioner to act on behalf of consumers while protecting the ability of these businesses to innovate and serve their customers legitimately. They eradicate consumers and they let the market work. I'm hoping that you will follow my lead on my proposed Amendment. I have with one or two perfecting Amendments for each bill. Beyond that, frankly, I really don't care for any Amendments. I'm not saying these bills are perfect, but I know that they are well thought-out and well draft crafted, and I if I start taking a lot of the Amendments, I feel these bills will suffer the same fate as what's happened in the past, and that is to get the Amendment into oblivion. So I respectfully request that you help me keep that from happening. And so the first bill, House Bill 2592, which is before you, Members, will ensure Credit Access Businesses or CEBs, provide their customers adequate information about the fees to be paid for the loans, the CEB action. Right now there are few rules or guidelines in place to ensure the CEB fees are presented in a fair and unambiguous way to customers. This bill requires CEBs to provide consumers with Fee Schedules, posted notices, help line information, and information about consumer loan options. And I do have a Perfecting Amendment.
(Brief recess taken.)
(House Stands at Ease.)
SPEAKER OF THE HOUSE: Representative Farrar raises a point. The point is respectfully overruled. The Chair recognizes Representative Miller.
REPRESENTATIVE MILLER: Members, we're back on the bill, and what we're trying to do is save money, especially in sparsely populated counties, rural counties, allowing non-partisan issue because it's confined solely to the primary elections. So it would allow them to consolidate voting precincts across commission precinct lines.
REPRESENTATIVE WALLE: Madame Speaker, I apologize.
SPEAKER OF THE HOUSE: For what purpose, Representative Walle?
REPRESENTATIVE WALLE: Would Chairman Miller yield for just a few questions?
SPEAKER OF THE HOUSE: Does the gentleman yield for a few questions?
REPRESENTATIVE MILLER: I'd be happy to yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE WALLE: Thank you. Chairman Miller, we talked before you brought and you laid out the bill. How would it affect Harris County? We have four County Commissioners and the geography's pretty expansive. I guess -- answer that first question. Sorry.
REPRESENTATIVE MILLER: You know, it's not specifically intended for a County like Harris County, but let's say you have a County Commissioner precinct line that runs down Allen Parkway.
REPRESENTATIVE WALLE: Okay.
REPRESENTATIVE MILLER: All right. And one Commissioner Precinct 1 has a polling place on the east side of Allen Parkway. The other has a polling place on the west side of Allen Parkway. It would allow them to thrill consolidate those. They may be exactly on the opposite corners of the street, since they're in two different Commissioner precincts, but it would allow you to consolidate those into one.
REPRESENTATIVE WALLE: The only thing I would contend with that answer is usually because -- and your understanding and most of our understanding is that primary elections are party driven.
REPRESENTATIVE MILLER: Exactly. Purely party driven.
REPRESENTATIVE WALLE: And the administrator pretty much is overseeing the election.
REPRESENTATIVE MILLER: Well, it's actually left up to the County Executive Committee that actually run the elections for the party.
REPRESENTATIVE WALLE: Right. I guess my only concern would be is if we would consolidate one precinct in one area, and not given the other, another person or another neighborhood access to the --
REPRESENTATIVE MILLER: You'd certainly want to make sure that you had a just and fair County Executive Committee.
REPRESENTATIVE WALLE: Right.
REPRESENTATIVE MILLER: And that's done through your party process.
REPRESENTATIVE WALLE: And those are the kind of issues that we have. Would this bill have to be pre-cleared? Is it your understanding that it would have to be pre-cleared through the Department of Justice?
REPRESENTATIVE MILLER: I'm not advised on that.
REPRESENTATIVE WALLE: Okay. I would like to talk to you further probably further off-line about that.
REPRESENTATIVE MILLER: We can talk about it.
REPRESENTATIVE WALLE: I don't want to get in an instance where we consolidate precincts and we're making it harder for folks from anybody, from either party and independents.
REPRESENTATIVE MILLER: I assure you that's not the intention of my bill, to make it harder for someone to vote or try to make it less expensive to vote. We have some rural counties where it's costing the counties $20 per vote just to provide these polling places.
REPRESENTATIVE WALLE: And is it your intention that this would primarily effect rural counties?
REPRESENTATIVE MILLER: Yes. A good example would be Lubling County. There's only 86 people in the whole county. So they have to have four polling places.
REPRESENTATIVE WALLE: Okay.
REPRESENTATIVE MILLER: So if we do allow a small counties like Lubling County to have four polling places at the courthouse -- nobody's close to a polling place in Lubling County.
REPRESENTATIVE WALLE: And is your bill permissive?
REPRESENTATIVE MILLER: It's permissive. It's just another to allow them. It's not mandatory. It's just another tool that they think they can save some money. They can do it, if they so wish.
REPRESENTATIVE WALLE: Okay. Thank you.
SPEAKER OF THE HOUSE: Representative Farrar, for what purpose?
REPRESENTATIVE FARRAR: Would the gentleman yield?
SPEAKER OF THE HOUSE: Would the gentleman yield.
REPRESENTATIVE MILLER: I would be happy to yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE FARRAR: Mr. Miller, we discussed up front, and I just want to make sure that the body understands the effects of your bill because it's not clear in the Bill Analysis. Could the effect be that you only have one voting location for the entire county?
REPRESENTATIVE MILLER: That would be true, especially in a county such as Lubling County. We're trying to address those sparsely populated counties.
REPRESENTATIVE FARRAR: However likely or not, it could also be in a large County like Harris County?
REPRESENTATIVE MILLER: If your executive Committee of your party wanted to limit that, I guess they could. I have no reason or what advantage that would be or why they would do that.
REPRESENTATIVE FARRAR: Thank you. I just want to make sure that's clear to the body.
REPRESENTATIVE MILLER: That's why it wouldn't make a lot of sense. Move passage.
SPEAKER OF THE HOUSE: Members, the question occurs on the passage to engrossment of House Bill 1528. All those in favor say aye. Opposed no. The ayes have it and House Bill 1528 moves engrossment. The Chair lays out House Bill 3341 on second reading. The clerk will read the amendment.
CLERK: HB 3341 by Anchia relating to the rebate, refunds of a taxpayer to a qualified project.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Anchia.
REPRESENTATIVE ANCHIA: Thank you, Madame Chair. Members. During the last interim questions were raised by the State Rebates in Government Code 2303, over state money going into projects without an appropriation having been made. This bill takes care of that by setting up a separate trust account for each project, subject to 2303, outside the state treasury, so the Comptroller can continue to make the rebates without the necessity for an appropriation for this program. And I believe there's an Amendment by Representative Murphy with some government approved language.
SPEAKER OF THE HOUSE: The Chair lays out the following Amendment. The clerk will read the amendment.
CLERK: Amendment by Murphy.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Murphy.
REPRESENTATIVE MURPHY: Thank you, Madame Speaker. As Representative Anchia says, this is just a language that we incorporated into the bill the other day. It's approved by the governors and the state. It specifically specifies that there's a trust account so these hotel projects don't have to wait for an Appropriations Bill. There are no new taxes. There are no new venues. No taxes to any kind of costs. It's acceptable to the author so I would move approval.
SPEAKER OF THE HOUSE: Representative Murphy sends up an Amendment. The Amendment is --
REPRESENTATIVE MURPHY: Move adoption.
SPEAKER OF THE HOUSE: Representative Murphy sends up an Amendment. The Amendment is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The Chair recognizes Representative Anchia.
REPRESENTATIVE ANCHIA: Move adoption.
SPEAKER OF THE HOUSE: Members, the question occurs on passage of House Bill 3314. All those in favor say aye. All those opposed say nay. . The House Bill 3341 is passed to engrossment. The Chair lays out House Bill 351 on second reading. The clerk will read the bill.
CLERK: HB 351 by Veasey relating to the function of records and files of persons relating to arrests.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: Members, this is a bill that deals with a function on someone's expungement on someone's arrest record, and I have an Amendment that I am working on and getting filed now that will also make it similar to the Senate Bill.
SPEAKER OF THE HOUSE: The Chair lays out the following Amendment. The clerk will read the amendment.
CLERK: Amendment by Veasey.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: Mr. Speaker Members. This says that the District Attorney, if 180 days have elapsed from the date of arrest, if the arrest was for an offense that was a Class C misdemeanor or if one year has, at least, elapsed from the date of an arrest or at least two years from the date of a felony, then that person's record can be expunged so they can go ahead and start living their lives and working and being productive citizens.
SPEAKER OF THE HOUSE: Representative Veasey sends up an Amendment. It's acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: Members, once again, this is the bill that was -- that I worked with very hard, very. I'm very proud of this bill because many people in the Evangelical Committee. Some organizations in Texas have really asked me to continue to work on this bill, and it will allow people who have a good -- that have not been convicted of a crime, that are doing the right thing, to be able to have their record expunged so they can go ahead and get to work. Move passage.
SPEAKER OF THE HOUSE: The question occurs on the passage of House Bill 3551. All those in favor say aye. Opposed nay. Ayes have it and House Bill 351 is passed to engrossment. The Chair lays out on second reading House Bill 2006. The clerk will read the bill.
CLERK: HB 2006 by Bonnen relating to the release of a photograph of a police officer
(inaudible) by internal divisions in certain municipalities.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Bonnen. REPRESENTATIVE Bonnen: My bill simply closes the loop hole in existing law created by an Attorney General's ruling in 2007 and restores the original intent and purpose from back of 1987, and I have an Amendment, Members.
SPEAKER OF THE HOUSE: The Chair lays out the following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Bonnen.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Bonnen. REPRESENTATIVE Bonnen: I made the error that the bill came out of Committee. It only was applied to Harris County. The Amendment makes it statewide protection for law enforcement. I move adoption.
SPEAKER OF THE HOUSE: Representative Bonnen sends up an Amendment that is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. REPRESENTATIVE Bonnen: Move passage.
SPEAKER OF THE HOUSE: The question occurs on the passage to engrossment of House Bill 2006. All those in favor say aye. Opposed nay. The ayes have it and House Bill 2006 is passed to engrossment. Members, the Senate Companion to House Bill 2856 is over and eligible. Accordingly the Chair lays out Senate Bill 316. The clerk will read the bill.
CLERK: SB 316 by Whitmeyer relating to onset forfeiture of the business proceeds and properties from criminal asset forfeitures
(inaudible) .
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.
REPRESENTATIVE GALLEGO: Thank you, Madame Speaker and Members. I'd move, actually, to postpone this for ten minutes because there's two Amendments that are being worked on and there's some printer issues. So I move to postpone until 4:50.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. The Chair lays out House Bill 2382 on second reading. The clerk will read the bill.
CLERK: HB 2382 by Murphy relating to notice required upon non-renewals of property casualty insurance policies.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Murphy.
REPRESENTATIVE MURPHY: Thank you, Madame Speaker. Members. This bill addresses what happens when a person's insurance has been automatically rolled over and renewed and they secure a new policy. This simply states that the old policy will cease to be in effect. This tells people who to call in times of need when you have to make a claim. It will keep rates lower for consumers and I would move passage.
SPEAKER OF THE HOUSE: Members, the question occurs on passage to engrossment of House Bill 2382. All those in favor say aye. All those opposed nay. The ayes have it and House Bill 2382 is passed to engrossment. The Chair lays out House Bill 738 on second reading. The clerk will read the bill.
CLERK: House Bill 738 by Otto relating to the Teacher Retire System in Texas, Student Investment Hedge Fund.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.
REPRESENTATIVE OTTO: Thank you, Madame Speaker. Members. What this bill does, back in 2007 the TRS had the authority to use up to ten percent in hedge funds and it was lowered to five percent back at the time that we were allowing outside fund managers. We're now taking it back up to the ten percent it used to be. This is one of the things that helps them minimize their risk when they are concentrated in a certain area and I move passage.
SPEAKER OF THE HOUSE: Members the question occurs on the passage to engrossment of House Bill 738. All those in favor say aye. All those opposed nay. The ayes have it and House Bill 738 is passed to engrossment. The Chair lays out House Bill 14 on second reading. The clerk will read the bill.
CLERK: House Bill 714 by Murphy relating to qualification for unemployment benefits of a person receiving severance pay --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Murphy.
REPRESENTATIVE MURPHY: Thank you, Madame Speaker. Members. House Bill 714 is about the eligibility for unemployment insurance. It would simply state that if an employee has severance pay, they would have to exhaust their severance pay before getting unemployment insurance. It does not limit their eligibility. They're still eligible for 100 percent of their unemployment insurance claims. This would reward employers who give severance pay and keep the unemployment insurance fund intact for those who most need it. And I would move passage.
SPEAKER OF THE HOUSE: Members, the question occurs on passage to engrossment of House Bill 714. All those if favor say aye. All those opposed nay. The ayes have it and House Bill 714 is passed to engrossment. The Chair lays out House Bill 359 on second reading. The clerk will read the bill.
CLERK: House Bill 359 by.
SPEAKER OF THE HOUSE: The Chair lays out House Bill 2460 on second reading. The clerk will read the bill.
CLERK: HB 2460 by Truitt relating confidentiality and information related to by a public retirement system.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.
REPRESENTATIVE TRUITT: Thank you, Madame Speaker, Members. The enabling statutes of many enrolled pension funds exempt records from the availability of those pension funds in the Open Records Act. These exemptions can limit access to information of legitimate public interests. This bill applies to the Open Records Act to local pension funds throughout the state. It provides transparency as to how taxpayer money is handled. While the bill encourages transparency, it also protects. This bill brings transparency to local pension funds. I move passage.
SPEAKER OF THE HOUSE: Members, the question occurs on the passage to engrossment of House Bill 2460. All those in favor say aye. All those opposed nay. The ayes have it and House Bill 2460 is passed to engrossment. The Chair lays out House Bill 359 on second reading. The clerk will read the bill.
CLERK: HB 359 by Allen, relating to the use of corporal punishment in public schools.
SPEAKER OF THE HOUSE: The Chair recognizes Representative King.
REPRESENTATIVE KING: Thank you, Madame Speaker and Members. I have an announcement, please. I have three people visiting me in the gallery today I'd like to recognize. First and foremost, my daughter Martha King, who will graduate from Trinity University this weekend. Martha, please stand up. Martha King, yes. Yes, I do have a child that age. Secondly, my Community Liaison and Acting District Director from the epicenter of all Texas, Abilene, Robin Wortham. Robin, please stand up. Thank you very much for being here and what you do. And last but not least, my Chief of Staff, who I shouldn't announce, but I will, Tammie Hurdle. Welcome to your House and thank you for being here. Sorry for the interruption.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Allen.
REPRESENTATIVE ALLEN: Madame Speaker and Members. Currently, the State of Texas does not regulate corporal punishment in schools and, in fact, Districts can administrator the corporal punishment to students without parental consent or even against the parents' wishes. This is a parental right bill. Underscore, this is a parental right bill. I think all of you in the House know that I do not like corporal punishment, but this bill does not abolish corporal punishment. It simply defines corporal punishment, and says the parents have a right to decide if it can be used on their child. They are given the right to author rise or revoke consent under this bill. Representative Smith has an Amendment.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Smith of Parent.
SPEAKER OF THE HOUSE: Chair recognizes Representative Smith.
REPRESENTATIVE SMITH: Madame Speaker and Members. There were four republicans on the Public Education Committee that voted against Representative Allen's bill on corporal punishment. Because we were concerned that the language of the bill actually would push School Boards in the direction of not allowing it by requiring Annual Consent Form from the parents every single year in order to authorize corporal punishment. And what we wanted to do was to put the decision of how to discipline children purely and solely in the decision in the hands of parents. But I committed to Representative Allen to work with her along with the other Republican Members of the Committee to see if we couldn't resolve that problem. And we have done so, I believe. This very simply allows corporal punishment, allow Districts not to do corporal punishment, but simply says, if you do want to have corporal punishment as a local School District, then simply you must get the parents' permission before you spank their child. And you only have to get the authorization one time, and that authorization is good for the period of time that that student is in your District. So the only change that this makes in current law, Members, is it says before you spank my child, you have to get my permission to do it. And I think that's a parental rights decision that we can all support, including Representative Allen.
REPRESENTATIVE ALLEN: Yes, it is acceptable to the author.
SPEAKER OF THE HOUSE: Representative Smith sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. Following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Giddings.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Thank you, very much, Madame Speaker and Members. This is an Amendment by Helen Giddings, Gary Elkins, Dr. Shelton, Dr. Huberty, Leo Vernon and myself that basically says, students who are in the sixth grade and below should not be criminalized for behavior that is non-sexual, non-violent, non-harassing and I believe it's acceptable to the author.
SPEAKER OF THE HOUSE: Members, Representative Giddings sends up an Amendment. It is acceptable to the author. Is there any objection? Hearing none. Members, a record vote has been requested. A record vote is granted. All those in favor of the Amendment vote aye. Those opposed vote nay. The clerk will ring the bell. Show Representative Allen voting aye. Show Representative Nash voting aye. Show Representative Dutton voting aye. Have all Members voted? Have all Members voted? There being 101 ayes, 29 nays. Four present not voting, the Amendment is adopted.
REPRESENTATIVE DUTTON: Madame Speaker.
SPEAKER OF THE HOUSE: Yes, for what purpose?
REPRESENTATIVE HILDERBRAN: Would the lady yield for a question?
SPEAKER OF THE HOUSE: Does the gentlelady yield for a question?
REPRESENTATIVE ALLEN: Yes, sir, I yield.
REPRESENTATIVE DUTTON: Thank you, Doctor Allen. Thank you for bringing this bill. When this bill came out of Committee, I think Mr. Smith indicated that before the four republicans voted against it and I'm not remembering, but I did vote against the bill. And I have since changed my mind. I think I told you that but I changed my mind for this bill. And only after speaking with a principal in my School District did my change my mind. I think I explained that to you, didn't I?
REPRESENTATIVE ALLEN: Yes.
REPRESENTATIVE DUTTON: And I told you that part of the reason I changed my mind is the principal said to me and I asked the principal about corporal punishment. And she said that while she respected my opinion about it, that there were some teachers in her school that she would never let a child get corporal punishment from that teacher because she said that some teachers just don't have the capability, can't to be reasonable in the discipline to use corporal punishment. I asked her why. And she said, Harold, one of the problems that I have was I keep thinking of teachers being the same way they were when I was coming along through school. And I told you that I got lots of -Darby wished we had this bill back during when I was in school. I don't know what would have happened, but I probably wouldn't have got nearly as much of corporal punishment as I did. But I want to thank you for your persistence. I want to thank you for bringing this bill, and that I want to tell you publicly, I was the one wrong about this bill.
REPRESENTATIVE ALLEN: Thank you, Allen.
REPRESENTATIVE DUTTON: And I intend to vote yes for it.
REPRESENTATIVE ALLEN: Thank you.
SPEAKER OF THE HOUSE: Representative Berman, for what purpose?
REPRESENTATIVE BERMAN: To answer a couple of questions to the author and to Ms. Giddings, who's running away. I just wanted to ask Ms. Giddings a couple of questions.
SPEAKER OF THE HOUSE: Does the gentlelady yield for a question?
REPRESENTATIVE DUTTON: Will Ms. Giddings yield for a question concerning her Amendment?
SPEAKER OF THE HOUSE: Representative Allen, do you yield to Representative Giddings?
REPRESENTATIVE ALLEN: Yes, I will.
REPRESENTATIVE DUTTON: Thank you.
SPEAKER OF THE HOUSE: Representative Giddings, do you yield for a question?
REPRESENTATIVE GIDDINGS: I yield.
SPEAKER OF THE HOUSE: The gentlelady yields.
REPRESENTATIVE DUTTON: Helen, do you remember, I think it was just about two months ago, we had all 39 Supreme Court justices here?
REPRESENTATIVE GIDDINGS: Yes.
REPRESENTATIVE HILDERBRAN: And Supreme Court Head Justice Wallace Jefferson spoke. Do you remember what he said and if you could, could you tell us what he said?
REPRESENTATIVE GIDDINGS: Well, I have his exact words in my folder, which I didn't bring up with me. But the Chief Justice said that, in his opinion, we should not be criminalizing if students for low level behavioral problems and he asked us to move on that. He talked about Judge Mire, here in Austin, Texas, who gets a lot of these cases. We called Judge Mire in or we asked her to come in. Representative Eissler, Representative Strama, and a number of us from the Education Committee met with Judge Mire from here in Austin. And she just sees no reason to criminalize kids as young as ten, some as young as five and six years old for shoving each other. For sleeping in class. For chewing gum. So for behavior that is non-sexual, non-violent, non-harassing, we ought to be using the Student Code of Conduct. We ought to be expelling kids. We ought to be putting them in alternative education, but they are not criminals.
REPRESENTATIVE DUTTON: Thank you, Helen, and I know that Justice Wallace Jefferson is one of the finest Supreme Court Chief Justices that we've ever had in Texas, and I want to thank you and Dr. Allen for bringing this and you for reminding me what he said that changed my mind on the bill, as well. Thank you very much.
SPEAKER OF THE HOUSE: Representative Hilderbran, for what purpose?
REPRESENTATIVE HILDERBRAN: Will the gentlelady yield?
SPEAKER OF THE HOUSE: Does the gentlelady yield?
REPRESENTATIVE ALLEN: Yes.
REPRESENTATIVE HILDERBRAN: We were visiting recently about the bill, because I grew up and I got the board used on me and my peers. And it did have a deterrent effect on our behavior, our bad behavior. So I guess I want to understand why it is we need to out law it when it's not of very much used practice anymore. And I was against the bill, for sure, before we talked last week about it and you all showed me some pictures and some obvious abuses of it that concerned me, too. Would you talk a little bit about that.
REPRESENTATIVE ALLEN: Yes.
REPRESENTATIVE HILDERBRAN: Would you talk a little bit about why we need it and --
REPRESENTATIVE ALLEN: Sure. We believe --
REPRESENTATIVE HILDERBRAN: And whether it has the impact today because it certainly worked in the past.
REPRESENTATIVE ALLEN: Yes. We believe in parents having the right to make the decision as to whether or not corporal punishment will be used on their children and that's why this is a Parental Rights Bill. I personally would like to have it abandoned all together, but that's not going to be possible today. But in the State of Texas, let me just kind of give you some statistics. That almost 49,000 -- when we were keeping records and we don't keep records anymore. But in 2006 when we were keeping records, over 49,197 students were paddled in the State of Texas. Of those 49,000 students, there were 10,000 of those students were with disability when persons or teachers did not really understand what to do with children's with disabilities. In this age of Autism and Special Education where more children are coming into the classroom, and sometimes we're dong a quick fix, rather than talking to children, mediating with children, learning discipline measures where you don't have to administer the proper punishment to children. And that's why I'm bringing this bill. This is a Children's Bill, as well as a Parental Rights Bill.
SPEAKER OF THE HOUSE: Representative Howard for what purpose?
REPRESENTATIVE HOWARD: Would the gentlelady yield for a question?
SPEAKER OF THE HOUSE: Does the gentlelady yield?
REPRESENTATIVE ALLEN: Yes.
SPEAKER OF THE HOUSE: Yes, she yields.
REPRESENTATIVE HOWARD: Representative Allen, I understand why you're doing this and I'm going to be voting for it, and I agree with you that I don't like this being in the schools at all, period. So I understand that you're trying to work a compromise here. But I just want to be clear with what we're talking about here with corporal punishment. If I'm reading this correctly, corporal punishment is the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical source used as a means of discipline. That's what we're talking about here, doing to the children, right?
REPRESENTATIVE ALLEN: That's corporal punishment and that's brought up.
REPRESENTATIVE HOWARD: And I'm wondering --
SPEAKER OF THE HOUSE: Members, if we could have some order please so that we could hear the questions and the conversation between the two microphones.
REPRESENTATIVE HOWARD: Thank you, Madame Speaker. Representative Allen, I don't know enough about the criminal justice system, but do we allow people that are incarcerated --
REPRESENTATIVE ALLEN: No, we do not.
REPRESENTATIVE HOWARD: -- to be hit, paddled, spanked, slapped?
REPRESENTATIVE ALLEN: No. We do not administrator corporal punishment to --
REPRESENTATIVE HOWARD: I find it very interesting, do you not, that we don't allow that for incarcerated criminals, but we somehow allow this for children.
REPRESENTATIVE ALLEN: The only institution that allows corporal punishment --
REPRESENTATIVE ALLEN: And I do understand that certain parents have different ways that they discipline their children, and I'm not talking about that in the privacy of their own home, but I'm concerned about the State being involved with doing this.
REPRESENTATIVE ALLEN: Right.
REPRESENTATIVE HOWARD: But I appreciate your trying to make something that I find very disturbing better. So I will be supporting it. But I just wanted to clarify that with you very much.
REPRESENTATIVE ALLEN: I appreciate your support.
SPEAKER OF THE HOUSE: Representative Zedler, for what purpose?
REPRESENTATIVE ZEDLER: Mr. Speaker, would the gentlelady yield?
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE ALLEN: Yes.
SPEAKER OF THE HOUSE: The gentlelady yields.
REPRESENTATIVE ZEDLER: Ms. Allen, let me ask you something. When we were talking one of the biggest problems we agreed was that in the school systems today, one of the biggest problems teachers face is the problem with maintaining dysfunction classroom. Isn't that true?
REPRESENTATIVE ALLEN: Right. Absolutely.
REPRESENTATIVE ZEDLER: And when you go back to, oh, 20 or 30 years ago, where almost all the schools allowed corporal punishment, probably some of the biggest problems were kids throwing spit wads and that kind of thing or talking in class. Whereas today, one of the biggest problems is they have actually are willing to cuss out and assault teachers and that kind of thing. Isn't that true?
REPRESENTATIVE ALLEN: That's one. Sure.
REPRESENTATIVE ZEDLER: And one of the things we've seen is a lessening of corporal punishment over that period of time. One of the concerns I have with this is that the very parents who will allow their children the school to use corporal punishment on their children are the ones who maintain discipline at home and the ones who will not allow it to be done will be the ones who don't allow it or don't maintain discipline at home because, in essence, they have this attitude that somehow their child is special and doesn't need to be disciplined.
REPRESENTATIVE ALLEN: It varies from home to home.
REPRESENTATIVE ZEDLER: Pardon?
REPRESENTATIVE ALLEN: It varies from home to home.
REPRESENTATIVE ZEDLER: Right.
REPRESENTATIVE ALLEN: Uh-huh.
REPRESENTATIVE ZEDLER: And one of the issues is that, again, I've had teachers tell me that they've had students who will look them in the face and say, there's nothing you can do to me. And, in essence, then we expect the teacher to teachers while at the same time we've taken all the tools of maintaining discipline away from them many times.
REPRESENTATIVE ALLEN: No. This is not taking it away. This is giving parents -- those parents who would like their children to receive proper punishment can do it. This is not abolishing corporal punishment. This is a Parental Rights Bill.
REPRESENTATIVE ZEDLER: Thank you.
REPRESENTATIVE ALLEN: Thank you.
REPRESENTATIVE HILDERBRAN: Madame Speaker.
SPEAKER OF THE HOUSE: For what purpose?
REPRESENTATIVE HUBERTY: Will the gentlelady yield?
SPEAKER OF THE HOUSE: Will the gentlelady yield for a question?
REPRESENTATIVE ALLEN: Yes.
REPRESENTATIVE HUBERTY: Dr. Allen, thank you for working with us and Mr. Smith to clarify this piece of legislation. We appreciate it. We know that the legislation and Mr. Smith's and our Amendment does make it permissive and it's a Parental Right Bill, is that not right?
REPRESENTATIVE ALLEN: That's right.
REPRESENTATIVE HUBERTY: Okay. And just for clarification Ms. Giddings' Amendment. I don't know if you were there and you heard the testimony on the bill, but we have children as young as first and second grade --
REPRESENTATIVE ALLEN: Yes.
REPRESENTATIVE HUBERTY: -- getting tickets by the police department, which is insane to me.
REPRESENTATIVE ALLEN: Really.
REPRESENTATIVE HUBERTY: For ticky tacky kind of things, and I noticed that some of my colleagues thought that that might have been a good idea. And we adopted an Amendment to say that we can't do that any longer.
REPRESENTATIVE ALLEN: We cannot do that anymore.
REPRESENTATIVE HUBERTY: So my nine-year old son, if he gets into a shoving match with another little nine-year old, is not going to get a ticket by the police department?
REPRESENTATIVE ALLEN: There you go. That's good for children.
REPRESENTATIVE HUBERTY: Thank you.
REPRESENTATIVE ALLEN: I want to move approval. I want to say thank you to some persons who supported this effort. I particularly want to say thank you, first, of all to Barbara Nash, my co-author, and we worked together on this, and she did a lot of footwork and leg work.
REPRESENTATIVE CHRISTIAN: Madame Speaker.
SPEAKER OF THE HOUSE: Representative, for what purpose?
REPRESENTATIVE CHRISTIAN: Will the gentlelady yield?
REPRESENTATIVE ALLEN: Just one second. I want to recognize the people who are supporting this effort. And she did a lot of the work for us, especially talking to those Members who of her party who bought these brought these persons on board. I'd like to thank you the Members of my Committee who supported this bill and even those, the one, I think we have one who is not, but everybody else is on board for this. And the schools are on board for this. And most of you know that the large school districts do not administer corporal punishment anymore to children. Schools are the last institutions to administer corporal punishment, to hit on this beautiful body that God gave us and we really have to think about those things. So let me say thank you to all of those who supported this bill and I'd like to move approval.
SPEAKER OF THE HOUSE: Representative Christian, for what purpose?
REPRESENTATIVE CHRISTIAN: Will the lady yield?
SPEAKER OF THE HOUSE: Will the lady yield for questions?
REPRESENTATIVE ALLEN: Yes, sir.
SPEAKER OF THE HOUSE: The lady yields.
REPRESENTATIVE CHRISTIAN: My concern what I hear my teachers talking about has been the last 20, 30 years, is the inspect consistency, for example. We have now understand the federal laws that if a child has certain medical conditions, et cetera, that they cannot have certain activities done to them. That if certain doctors will sign off or certain medical treatment are allocated that one child must be treated different from another. And it's become quite convoluted as a consistent control of the classroom, that the problem I've been told by some of my teachers.
REPRESENTATIVE ALLEN: Representative Christian, I hope that you know all of you know that I was a teacher for 14 years, assistant principal for one and a principal for 16 years. Every child that has ever entered my building or my classroom was different and deserved to shall treated as if he was an individual. And so for those kids who are in special education, whether Autistic or whatever classroom they're in each child should be treated individually and know we should understand those children rather than --
SPEAKER OF THE HOUSE: Representative Legler raises a Point of Order. The gentlelady's time has expired. The Point of Order is well taken and sustained.
REPRESENTATIVE ALLEN: Move passage.
SPEAKER OF THE HOUSE: The question occurs on the passage to engrossment of House Bill 359. A record vote has been requested. A record vote is granted. All those in favor vote aye. Those opposed nay. This is a record vote. The clerk will ring the bell. Show Representative Dukes voting aye. Show Representative Allen voting aye. Have all Members voted? Have all Members voted? There being 69 ayes, 70 nays, two present not voting, passage fails. Verification has been requested. Verification has been granted. Members, take your seats, please.
(Vote verification.)
(Brief recess taken.)
SPEAKER OF THE HOUSE: Members, please take your seats. Members, we will begin by calling the names.
CLERK: Alizada. Anderson of McClelland. Anderson of Dallas. Bonnen. Branch. Burkett. Cain. Cain.
SPEAKER OF THE HOUSE: Is Representative Cain on the floor of the House? Strike his name temporarily.
CLERK: Callegari. Chisolm. Christian. Cook. Craddick. Creighton. Crownover. Darby. Driver. Fletcher. Frullo. Garza. Guillen. Hamilton. Hancock. Hardcastle. Harless. Hartnett. Hilderbran. Hopson. Howard of Fort Bend. Hughes. Hunter. Jackson. King of Parker. King of Taylor. King of Zavala. Klein. Kohlkort. Kemple. Lantroupe. Larson. Lottenberg. Lavender. Leggler. Margo. Miller of Camel. Miller of Erath. Morrison. Murphy. Orr. Otto. Parker. Packston. Perry. Phillips. Pitts. Pitts.
SPEAKER OF THE HOUSE: Is Representative Pitts on the floor of the House? Strike his name temporarily.
CLERK: Pray. Riddle. Ridder. Shortner. Scott. Smith of Harris. Smithee. Solomons. Taylor of Galveston. Truitt. White. Workman. Zedler.
SPEAKER OF THE HOUSE: We will now verify the ayes.
CLERK: Allen. Alonzo. Alvarado. Anchia. Burnam. Brown. Brenham. Carter. Castro. Castro.
SPEAKER OF THE HOUSE: Is Representative Castro on the floor of the House? Strike his name temporarily.
CLERK: John Davis of Harris.
SPEAKER OF THE HOUSE: Strike his name temporarily.
CLERK: Sarah Davis of Harris. Davis of Dallas. Dukes. Dutton. Eissler. Elkins. Korea. Farias. Farrar. Flynn. Gallego. Gerren. Giddings. Gonzales of Williamson. Gonzales of Hidalgo. Gonzales of El Paso. Gooden. Hernandez-Luna. Hockberg. Howard of Travis. Huberty. Isaacs. Johnson. Keffer. Lozano. Lucio. Madden. Marquez. Martinez. Martinez-Fischer. McClendon. Menendez. Miles. Munoz. Naishtat. Nash. Olseido. Patrick. Pickett. Quintanilla. Raymond. Reynolds. Rodriguez. Sheets. Sheffield. Shelton. Simpson. Smith of Parent. Strama. Taylor of Collins. Thompson. Torres. Turner. Veasey. Villareal. Vo. Walle. Walle.
SPEAKER OF THE HOUSE: Is Representative Walle on the floor of the House? Strike his name temporarily.
CLERK: Weber. Woolley. Zerwass. Is Representative Cain on the floor of the House. Is Representative Castro on the floor of the House? Strike Representative Castro's name. Is Representative John Davis of Harris on the floor of the House? Verify Representative Davis. Is Representative Pitts on the floor of the House? Strike Representative Pitts' name. Is Representative Veasey on the floor of the House? Strike Representative Veasey's name. The following Members were present, voting aye, but their machines malfunctioned: Sheldon voting aye. Mallory, Carroway, Deshotel, Coleman. The following Members were present voting no, but their machines malfunctioned, show them voting no, Acott, Flynn and Vo.
(Brief recess taken.)
SPEAKER OF THE HOUSE: There being 69 ayes, 73 nays, House Bill 359 fails to pass. Point of Order on HB 2594.
(Brief recess taken.)
SPEAKER OF THE HOUSE: SB 316 has passed a third reading. Mr. Gallego moves to lay House Bill 2856 on the table, subject to call. Is there any objection? Hearing none. So ordered. Representative Dutton, for what purpose?
REPRESENTATIVE DUTTON: Parliamentary Inquiry, Madame Speaker.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE DUTTON: At this point in the Session, one of the troubles has to did with non-germane Amendments on bills. Is the Chair going to be the gate keeper for non-germane Amendments or do the Members have to catch those?
SPEAKER OF THE HOUSE: It is the practice of the House that in the, past non-germane Amendments are not laid out. The Chair certainly appreciates all Members assisting us in review.
REPRESENTATIVE DUTTON: Is that the answer to my question, I guess?
SPEAKER OF THE HOUSE: That's the answer to your question.
REPRESENTATIVE DUTTON: Maybe you didn't understand, maybe I didn't understand my question then. Is the Chair going to --
SPEAKER OF THE HOUSE: Mr. Dutton, do you mind bringing your question down front?
REPRESENTATIVE DUTTON: I can barely hear you.
SPEAKER OF THE HOUSE: Do you mind bringing your question down front?
REPRESENTATIVE DUTTON: No, ma'am.
REPRESENTATIVE HOCKBERG: Madame Speaker.
SPEAKER OF THE HOUSE: For what purpose, Mr. Hockberg?
REPRESENTATIVE HOCKBERG: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE HOCKBERG: I have a slightly different question than Mr. Dutton, and it relates to what the practice is going to be because it has varied from Session to Session. And the question is: Assuming that Senate Amendments are laid out and a Point of Order on germaneness is called, there have been different interpretations about what then happens. If my memory serves me correctly, in some sessions that has meant that the underlying bill is no longer valid. In other sessions it has meant that if the Point of Order is sustained, the bill is then sent back to the Senate to remove the non-germane Amendments if they so choose, just as if it had been sent back originally by the Parliamentarian. Has the Chair made a decision as to what procedure will be followed this Session so that we know if we should even lay out Senate Amendments if there is a possibility that there might be a Point of Order called or whether we should not for fear that that would kill the bill if somebody called it?
SPEAKER OF THE HOUSE: Mr. Hockberg, thank you very much for your inquiry. The Chair will research recent practices regarding the handling of non-germane Senate Amendments, and we'll discuss this matter with the body before we handle any Senate Amendments.
REPRESENTATIVE HOCKBERG: Okay. Thank you. Thank you Madame Speaker.
SPEAKER OF THE HOUSE: Thank you. The Chair lays out House Bill 3310 on second reading. The clerk will read the bill.
CLERK: HB 3310 by Rodriguez relating to consensus for the purchase or relieve of electric powers motor vehicle --
SPEAKER OF THE HOUSE: Dinner is available in the Member's lounge. The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Rodriguez, thank you, Madame Speaker, Members. This bill would offer state-wide incentives for the purchase or the use of electric powered motor vehicles. Electric vehicles plug in directly to the Texas motor grid. This bill would allow light duty passenger electric motor vehicles to be eligible for a modest state rebate of $2,500 per vehicle. The incentive is limited to 2000 vehicles across the state, and it's limited, for the years, 2011 to 2013. And the program would sunset on September 1st of 2013. Currently, there are 29 states with some type of local or state incentive for electric and/or plug in, hybrid vehicles. The bill would require no new state funds. That would simply reallocate existing ticket funds is the Texas Remission Program, and the goal is to reduce emissions and that's exactly what electric cars are made to do. The plug-in hybrid is eligible. I'll answer any questions.
SPEAKER OF THE HOUSE: Representative Howard, for what purpose?
REPRESENTATIVE HOWARD: Will the gentleman yield for a couple questions?
SPEAKER OF THE HOUSE: Does the gentleman yield for a question?
REPRESENTATIVE RODRIGUEZ: I yield.
REPRESENTATIVE HOWARD: Representative, how much of discounts or rebates are already going towards electric cars from the Federal Government?
REPRESENTATIVE RODRIGUEZ: My understanding is there isn't any now. There have been in the recent past but that expired.
REPRESENTATIVE HOWARD: And what you're saying is you want to take TRP money and use that and give people ticket money for purchasing electric cars; is that right?
REPRESENTATIVE RODRIGUEZ: Yeah. It will be approximately $5 million over the course of two years and they will get a rebate. REPRESENTATIVE HOWARD right now in our TRP money, it's used primarily to get dirty, diesel trucks off the highway, and all of that money, right now is being utilized. Is that not correct?
REPRESENTATIVE RODRIGUEZ: Not ALL of it. I mean, there's money available.
REPRESENTATIVE HOWARD: Well, there's money that hasn't been applied because some people have been turned down.
REPRESENTATIVE RODRIGUEZ: That's right.
REPRESENTATIVE HOWARD: For different reasons. But the whole purpose is to clean the air from the emissions from the dirty diesel, primarily. Is that not correct?
REPRESENTATIVE RODRIGUEZ: That is correct. I think if you let me, just for a little bit here. If I have a car, let's say, that emits -- it's a dirty car, I guess, and I trade that in, I buy an electric vehicle, I get a $2,500 rebate, then I'm driving a cleaner car.
REPRESENTATIVE HOWARD: But the electric vehicle -- how do they get their power?
REPRESENTATIVE RODRIGUEZ: Through electricity.
REPRESENTATIVE HOWARD: Through electricity. How is the electricity is generated?
REPRESENTATIVE RODRIGUEZ: It depends. Natural gas is --
REPRESENTATIVE HOWARD: Natural gas. Primarily in the State of Texas, how is it generated?
REPRESENTATIVE RODRIGUEZ: Yes.
REPRESENTATIVE HOWARD: Coal. The answer is coal. Not natural gas. I wish it was natural gas, we'd have been a lot better off, wouldn't we?
REPRESENTATIVE RODRIGUEZ: I agree with you on that.
REPRESENTATIVE HOWARD: I just think that's the wrong use of TRP money. I appreciate what you're saying. Thank you. There are a couple of Amendments, Madame Speaker.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Rodriguez.
REPRESENTATIVE RODRIGUEZ: Thank you, Mr. Speaker.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Thank you, Madame Speaker. Members. That specific use of TRP funds that specific projects will not be in danger, would not endanger or able to maintain, compliance in urban areas with the state implementation. This Amendment was requested by the Conference of Urban Counties and I'm happy to accept it. The Amendment gives TCEQ in consultation with the Governor, the flexibility to temporarily support this vehicle program and shifts funds into other areas of TRP the compliance is treat threatened and with that, it's acceptable.
SPEAKER OF THE HOUSE: Representative Rodriguez sends up an Amendment that's acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Chisolm.
SPEAKER OF THE HOUSE: The Amendment's withdrawn.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Alonzo.
REPRESENTATIVE ALONZO: Thank you, Mr. Speaker, Madame Speaker and Members. HB 1776 is a great bill. It is a Committee substitutes to this bill which was voted on in the House Committee on Insurance unanimously. IT prevents insurance companies and the HMO's from setting fees on dental procedures they do not cover or provide reimbursement for. This bill authorizes model language imposed by NCOIL, of which we have several Members who are a part of in this. Approximately 20 states have already adopted this NCOILs model language which is in this bill and several others are following suit. The NCOIL language adopted in the Committee substitute reflects a compromise that was arrived after following hours of testimony negotiations, and consideration by all stakeholders. The Committee substitute reflects the definition of non-covered services that organized dentistry and the insurance industry have both agreed on is average the concerned issues raised on both sides. Non-covered service is originally define in the bill as a service that was not covered or reimbursed.
REPRESENTATIVE KING: Mr. Speaker.
SPEAKER OF THE HOUSE: Representative King, for what purpose?
REPRESENTATIVE KING: Will the gentleman yield for a question?
SPEAKER OF THE HOUSE: Will the gentleman yield for a question?
REPRESENTATIVE ALONZO: Yes. Absolutely.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE KING: Representative, I was noting that originally TCC came out in opposition to this. Are you aware that TCC has removed its opposition to this bill?
REPRESENTATIVE ALONZO: Yes, I am, sir.
REPRESENTATIVE KING: Okay. I just wanted to make sure you're aware of that. Thank you.
REPRESENTATIVE ALONZO: Yes. Thank you. Sir. I move passage, Members.
SPEAKER OF THE HOUSE: Members, we are waiting for an Amendment. But I will use this time once again to remind that you dinner is available in the Member's lounge.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Alonzo.
REPRESENTATIVE ALONZO: Thank you, Madame Speaker. Members, I move passage.
SPEAKER OF THE HOUSE: Members the question occurs on passage to engrossment of House Bill 1776. All those in favor say aye. Opposed nay. The ayes have it and House Bill 1776 is pass the to engrossment. Members, the Senate Companion to House Bill 256 is over and eligible. Accordingly, the Chair lays outs Senate Bill 15087. The clerk will read the bill.
CLERK: SB 1087 relating to state-issued certificates to provide cable services and video services.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hilderbran.
(Brief recess taken.)
(Point of Order.)
SPEAKER OF THE HOUSE: Members, the Senate lays out House Bill 279.
CLERK: The House Bill 279.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lottenberg.
REPRESENTATIVE LOTTENBERG: This simply allows a court can give protective orders to the family, domestic, et cetera in cases of family violence.
SPEAKER OF THE HOUSE: Representative Farrar.
REPRESENTATIVE FARRAR: Madame Speaker, will the gentlelady yield?
SPEAKER OF THE HOUSE: Will the lady yield?
REPRESENTATIVE LOTTENBERG: Yes.
REPRESENTATIVE FARRAR: Thank you. Do you know of any previous legislation that there's been to protect animals that reside in homes where there's been owe where there is an abusive relationship?
REPRESENTATIVE LOTTENBERG: I couldn't hear you. I'm sorry, Representative.
REPRESENTATIVE FARRAR: Has there been any legislation, such material before, that addresses the issue of protecting animals that reside in a home with an abusive relationship?
REPRESENTATIVE LOTTENBERG: I had this last Session and it died on the calendar.
REPRESENTATIVE FARRAR: And can you tell me what the practical effects of this bill are.
REPRESENTATIVE LOTTENBERG: Yes. What happens typically is in an abusive situation, the family dog or cat goes -- is kind of held hostage or the children are held hostage because they're afraid to get out of the situation for fear that the abuser will harm the family pet.
REPRESENTATIVE FARRAR: Right. And so the pet is often used as --
REPRESENTATIVE LOTTENBERG: Leverage.
REPRESENTATIVE FARRAR: As a means of control, right?
REPRESENTATIVE LOTTENBERG: Yes. Means of control, leverage, yes.
REPRESENTATIVE FARRAR: And let's say the family gets out, and if they get to a shelter, will the shellers now allow pets?
REPRESENTATIVE LOTTENBERG: No. A lot of shellers don't. That's why my bill allows a judge a judge, gives him permission to get the protection for that pet so that they can find a place for it. Because a lot of times they can't take the pet with them. But it gives them some time to find accommodations for the pet. You know, maybe -- the main thing is you want to get that family the victims, out of the situation as fast as you can. They may not be able to take the pet, but, know, the court -- they know they can get the judge to protect the pet while they can find a place to keep them. Some shelters will take them. Some will not.
REPRESENTATIVE FARRAR: But I guess it would give the family Members some sort of reassurance in order to.
REPRESENTATIVE LOTTENBERG: Keep in mind, that if they leave, that the abuser will not harm the pet. Pets are property. This is not an Animal Rights Bill. It's a Victims' Protection Bill.
REPRESENTATIVE FARRAR: Right. And they would also, I guess, if the animal were harmed, there would be additional penalties for that?
REPRESENTATIVE LOTTENBERG: Yes.
REPRESENTATIVE FARRAR: That's something that --
REPRESENTATIVE LOTTENBERG: Yes.
REPRESENTATIVE FARRAR: I see. I think you have a good bill. I'm glad it's made it this far.
REPRESENTATIVE LOTTENBERG: Well, thank you very much. I move passage.
SPEAKER OF THE HOUSE: Members, the question occurs on the passage of SB 279, the third reading. All those in favor say aye. Opposed nay. The ayes have it and SB 279 has passed the third reading. Representative Lottenberg moves to lay House Bill on the table subject to call. Is there an objection? The Chair hears none. So ordered. The Chair lays out House Bill 3326 on second reading. The clerk will read the bill.
CLERK: HB 3326 by Woolley relating to low classification serving entities primarily engaged for purposes of a franchise tax.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Woolley.
REPRESENTATIVE WOOLLEY: Thank you, Madame Speaker. HB 3326 clarifies that the Margins Tax treatment for apparel rental company. Currently apparel rental companies are classified like Turkish bath and tattoo parlors. This means they pay one percent and not a half a percent. These businesses are store fronts, low margins. They are located in malls and strip malls and they are what we think of as retail. Move passage.
SPEAKER OF THE HOUSE: The question occurs on the passage of House Bill 3326. All those in favor say aye. Opposed nay. The ayes have it and House Bill 3326 has passed to engrossment. Please excuse Representative Pitts because of Conference Committee on House Bill on a motion of Representative Brown. Is there any objection? Hearing none, so ordered. The Chair lays out House Bill 189 on second reading. The clerk will read the bill.
CLERK: HB 189 by Smith of Tarrant relating to a punishment of certain intoxicating offenses.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Smith.
REPRESENTATIVE SMITH: Ms. Speaker and Members. House Bill 189 allows a new alternative punishment in addition to probation and jail time in first-time DWI cases that do not involve injury or property damage. This alternative would allow evaluation for treatment, allow an interlock at the owners' expense, if there's a blood alcohol content below point 15, and require it if there's a blood alcohol content above point 15, would treat repeat offenders as repeat offenders and would defer conviction. This would help reduce our current backlog of 122,000 DWI cases and the current practice of prosecute oars agreeing to charge DWI defense with -- which has occurred 26,000 times since 1995. It's supported by Mothers Against Drunk Drivers, the Texas --
REPRESENTATIVE HARDCASTLE: Will the gentleman yield?
SPEAKER OF THE HOUSE: Representative Hardcastle for what purpose?
REPRESENTATIVE HARDCASTLE: Will the gentleman yield?
SPEAKER OF THE HOUSE: Will the gentleman yield?
REPRESENTATIVE WOOLLEY: Yes.
REPRESENTATIVE HARDCASTLE: Todd, I'm all for taking the drunks off the road, but you understand that I represent some little bitty counties. So where in this bill -- who's going to end up paying for the interlock devices? The offender or the county or the Probation Department?
REPRESENTATIVE WOOLLEY: The offender, and if your concern is costs relating to the Probation Department, Representative Madden has an Amendment that addresses their concerns, their objections. There have been discussions in the back room with Representative Madden and the probation folks, and I believe he can represent that once we amend the bill, they're comfortable with the bill.
REPRESENTATIVE HARDCASTLE: Okay. But you understand also that in my little county, every time we enhance the DWI penalty, we cause more days in jail and time off work because not all of our drunks, but most of our drunks are known citizens of moderate means or no means. So all you're doing is costing the county money and I'm afraid your interlock device might have that same effect.
REPRESENTATIVE WOOLLEY: No. We're not enhancing the penalty and we're not going to cost them money because my understanding and Representative Madden can address this, but my understanding is that we have addressed their concerns and with his Amendment, they're support I have of the bill.
REPRESENTATIVE HARDCASTLE: Okay. I just had to ask.
REPRESENTATIVE WOOLLEY: Okay. Thank you.
SPEAKER OF THE HOUSE: The Chair lays out the following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Smith of Tarrant.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Smith.
REPRESENTATIVE SMITH: Members, Madame Speaker. This Amendment makes a change regarding occupational driver's license requirement to comply with Federal law by keeping in compliance with Federal law. Texas remains eligible to receive Federal Highway funds. It's acceptable to the author.
SPEAKER OF THE HOUSE: Representative Smith sends up an Amendment that's acceptable to the author. Is there any objection? The following Amendment to the Amendment. The clerk will read the Amendment.
CLERK: Amendment to the Amendment by Callegari.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari.
REPRESENTATIVE CALLEGARI: Members, the original Amendment named this bill after Lilly Lelane. They changed it. This act shall be known as a Anna Nicole Lilly Lelane and Todd Lelane Memorial Act.
SPEAKER OF THE HOUSE: Representative Callegari sends up an Amendment to the Amendment. It is acceptable to the author. Is there any objection? Hearing none, the Amendment to the Amendment is adopted. Now, Members, we are on the Smith Amendment.
REPRESENTATIVE CARTER: Madame Speaker.
SPEAKER OF THE HOUSE: Representative Carter, for what purpose?
REPRESENTATIVE CARTER: Will the gentleman yield?
REPRESENTATIVE SMITH: Not at the time.
SPEAKER OF THE HOUSE: Representative Smith sends up an Amendment. The Amendment as amended is acceptable to the author. Is there any objection? Hearing none, so ordered. The Chair lays out the following Amendment. The CLERK will read the Amendment.
CLERK: Amendment by Smith of Harris.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Smith of Harris.
REPRESENTATIVE SMITH: Members, I think everybody's going to talk about the Smith's Amendment today, anyway, but what this Amendment does it allows judges and magistrate's to authorize new alcohol monitoring devices such ankle bracelets for the alcohol related offenses to be utilized and paid for by the defendant unless they're indigent.
SPEAKER OF THE HOUSE: Representative Smith of Harris sends up an Amendment that's acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Madden.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Madden.
REPRESENTATIVE MADDEN: Mr. Speaker, Members. This is the Amendment we've been working on for at least the last several hours, working with your probation departments. What it does is strike Section II of the bill and insert in it that a judge granting deferred adjudication may require the defendant, may require the defendant to have an ignition interlock device installed under subsection one, except in the case where the analysis of their specimen was above point 15, at which time the judge would order that they have the interlock device placed on them. This basically took care of that concerns that were given by your Probation Departments on the costs of the bill because this basically does not require them to do a substantial amount of more additional labor and effort.
SPEAKER OF THE HOUSE: Representative Oliveira for what purpose? REPRESENTATIVE Oliveira: Will the gentleman yield?
REPRESENTATIVE MADDEN: Of course.
REPRESENTATIVE HILDERBRAN: Chairman Madden, some of us have gotten notes from our Probation Department, and I believe your Amendment addresses those concerns. And resolves the concerns that they had had about case load and costs.
REPRESENTATIVE MADDEN: Right.
REPRESENTATIVE OLIVEIRA: And makes it a better bill and solves that; is that correct?
REPRESENTATIVE MADDEN: They will accept that and it's certainly -- Members, this bill, as it was in my opinion, was definitely an unfunded mandate, driven down to our Probation Departments. There was going to be a lot of additional effort put into them, by them, that they indicated, at least to me, Dallas County, told me they'd probably need about 25 more probation officers. The people in Tarrant County indicated a cost of about half a million dollars for them, an additional cost to them. That's what we've been working on. I'm sure Harris County had a large one. And Rene, I'm sure your people had the same kind. That's what we've been working on.
REPRESENTATIVE OLIVEIRA: I think the original bill is a very good bill, but this does improve it and gets rid of that unfunded mandate issue.
REPRESENTATIVE MADDEN: Thank you Members. Glad to work on it.
SPEAKER OF THE HOUSE: Representative Madden sends up an Amendment that's acceptable to the author. Is there any objection? Hearing none, the Amendment is adopted. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Martinez-Fischer.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Martinez-Fischer.
REPRESENTATIVE CARTER: Madame Speaker.
SPEAKER OF THE HOUSE: For what purpose, Representative Carter?
REPRESENTATIVE CARTER: I raise a Point of Order against further consideration against House Bill 1809.
SPEAKER OF THE HOUSE: Please bring your Point of Order down front.
(Point of Order.)
(House Stands in Recess.)
REPRESENTATIVE CARTER: Thank you, Mr. Speaker, Members, I move to suspend all necessary rules to take up and consider House Bill 1809.
SPEAKER OF THE HOUSE: Members you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair lays out the following Resolution. The clerk will read the Resolution.
CLERK: HB 1809 (inaudible) of Harris.
SPEAKER OF THE HOUSE: The Chair recognizes Queen Davis of Harris.
REPRESENTATIVE DAVIS: Thank you. I move adoption.
SPEAKER OF THE HOUSE: Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Davis of Harris for a motion.
REPRESENTATIVE DAVIS: Thank you, Mr. Speaker. Members. I move to suspend all necessary rules to take up and consider House Bill 1951.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair lays out the following Resolution. The clerk will read the Resolution.
CLERK: Memorial Act by Woolley, congratulating David and Carolyn pierce of Houston on their 50th Wedding Anniversary.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis.
REPRESENTATIVE DAVIS: Thank you. I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair recognizes lays out House Bill 1994 on second reading. Will the clerk please read the bill.
THE CLERK: HB 1994 by Weber relating to the Prosecution Program.
REPRESENTATIVE WEBER: Thank you, Mr. Speaker. This is relating to the (inaudible). I move passage.
SPEAKER OF THE HOUSE: Mr. Weber, would you mind giving us a little bit more reading. I think most of us missed that one. The Chair recognizes Mr. Weber.
REPRESENTATIVE WEBER: (Inaudible.) I do move passage.
REPRESENTATIVE FARRAR: Mr. Speaker.
SPEAKER OF THE HOUSE: Ms. Farrar, for what purpose?
REPRESENTATIVE FARRAR: Will the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Weber, do you yield?
REPRESENTATIVE WEBER: Let me tell you what, let me go ahead and lay out the bill.
SPEAKER OF THE HOUSE: Not at this time, Ms. Farrar.
REPRESENTATIVE FARRAR: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE FARRAR: Was someone playing Mr. Weber backwards?
SPEAKER OF THE HOUSE: The Chair is not advised. The Chair recognizes Mr. Weber.
REPRESENTATIVE WEBER: Members, for those of you who are higher and paying attention, I give you my heart felt thanks. For those of you who are here paying attention, I don't give a darn. Actually, House Bill 1994, maybe we'll get some of them more in Jessica, if we have a little discourse about it, so I appreciate you asking questions. Before I yield, do you have a Point of Order?
REPRESENTATIVE FARRAR: Can I speak?
REPRESENTATIVE WEBER: Yes, ma'am.
REPRESENTATIVE FARRAR: I'm not recognized, actually.
REPRESENTATIVE WEBER: Oh, okay. So you're not recognized.
SPEAKER OF THE HOUSE: Ms. Farrar, for what purpose?
REPRESENTATIVE FARRAR: To answer Mr. Webber's question.
SPEAKER OF THE HOUSE: Okay. Mr. Weber, do you yield to the lady?
REPRESENTATIVE WEBER: I do.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE FARRAR: No. I do not have a Point of Order.
REPRESENTATIVE WEBER: Good job. House Bill --
REPRESENTATIVE FARRAR: Would you like me to find one?
REPRESENTATIVE WEBER: I don't think the Members want to wait and we'll leave that to the will of the House here in just a few minutes. House Bill 1994 allows for the creation of a First Offender Prostitution Prevention Program. It's aimed at educating those arrested for the solicitation on the negative consequences of the commercial sex trade and human trafficking. Now, my good friend, Representative Thompson up front here has been so instrumental in the Anti-Human Trafficking Bill, she would be knowledgeable. It is a program. We're going after the demand of the sex trade. That's the johns, and hence, the name, Johns School. And what we're going to do with this bill is we will create the program that allows -- it is permissive. It allows counties to have a program that will give deferred adjudication to the johns if they go through the school and they learn, basically, that the -- what they think is a victim less crime is usually -- is going to definitely be a daughter of someone, the prostitute that they're soliciting. In many cases it's going to be a mother or a mom or a wife, a girlfriend, and so we're aimed at educating johns about the horrors of prostitution. They can get deferred adjudication if they've not been convicted of a drug -- have been convicted of a drug felony in the past. They don't have a felony for violent crimes. And they can go to school, they pay the fee, and of that fee, it pays for the school and there's actually a percentage that goes to a victim fee that goes back to the state. Part of it will go to the facility they stay, and the jurisdiction that arrests them. And so it's totally supported by the johns. In a nutshell, that's kind of what it does, and I yield to my good friend, Jessica Farrar for questions.
REPRESENTATIVE FARRAR: I'm sorry, Mr. Weber, I'm not as familiar with the industry. Can you define what a john is. Is that the pimp or is that the customer?
REPRESENTATIVE WEBER: I'm sorry. I missed your first comment.
REPRESENTATIVE FARRAR: Well, let me put it this way: What's your definition of the john? Is that the manager or is that the client?
REPRESENTATIVE WEBER: You said you're not familiar with the industry? Is that what you said?
REPRESENTATIVE FARRAR: Right. I don't know. What's the definition of a john?
REPRESENTATIVE WEBER: Likewise, I'm not familiar with that industry either, but the john is the -- and let's face it, in most cases, it's going to be the man. Are you having trouble hearing me, Jessica?
REPRESENTATIVE FARRAR: A bit.
REPRESENTATIVE SOLOMONS: Okay. Mr. Speaker.
REPRESENTATIVE FARRAR: Mr. Solomons and Mr. Howard are debating this.
SPEAKER OF THE HOUSE: Members, can we have some order on the floor.
REPRESENTATIVE SOLOMONS: Is this better if I get closer to the mic?
REPRESENTATIVE FARRAR: That's fine.
REPRESENTATIVE WEBER: Okay.
REPRESENTATIVE FARRAR: No, seriously, though, who is? I'm not clear: Who is the john?
REPRESENTATIVE WEBER: The john -- and let's face it in the vast majority of the cases is going to be the man who is soliciting prostitution. He's demanding the service, if you will, and we aim to go at the demand.
REPRESENTATIVE FARRAR: So your bill says that that person can have the -- can have deferred adjudication on the first time?
REPRESENTATIVE WEBER: That person is deferred adjudication is available to him. There are some requirements. He cannot have been soliciting prostitution from anyone less than years of age. The prosecutor for the state, the state's attorney, whatever jurisdiction that is, has to agree to it. And there's some other requirements. He cannot have a drug conviction, a prior drug conviction. There's some other stipulations that if he's got a pretty bad record, he may not qualify. But yet, it is the man, typically, and it is the man soliciting prostitution.
REPRESENTATIVE FARRAR: So what's the purpose of -- what need is this addressing?
REPRESENTATIVE WEBER: Well, what we find, Jessica, as I said, is if we go offer the, go after the demand, if we educate the johns, this is a program that there's about 40 like it in the United States. There's currently one in Texas in Waco, and it's very successful. Waco has it had for about ten years and what they've discovered is that when a john or a perpetrator goes through the program, then the recidivism rate is extremely low, believe it or not in ten years in Waco, only three that have been through the program have been re-arrested.
REPRESENTATIVE FARRAR: I guess I'm just wondering, it just seems to me well, we know that we do a lot of very punitive things here.
REPRESENTATIVE WEBER: I'm having trouble hearing you.
SPEAKER OF THE HOUSE: Members, please, let's have some order so they can continue the debate.
REPRESENTATIVE FARRAR: It just seems to me that everything else we do here, we enhance penalties and the argument is that that dissuades people from committing certain acts. And then it seems to me this is going the other direction.
REPRESENTATIVE WEBER: Well, I think to go after the demand, then the purpose is clear. Let me back up for a minute before I yield to my good friend. I actually have an Amendment. I'd like to lay out the Amendment, Mr. Speaker. It's a perfecting Amendment.
SPEAKER OF THE HOUSE: For what purpose, Mr. Turner?
REPRESENTATIVE TURNER: Mr. Speaker, will the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Weber, do you yield?
CLERK: I will in a moment, Mr. Turner. Let me lay out the Amendment. I have a Perfecting Amendment that I haven't laid out yet. It moves some of the sentences up just a couple of sentence. Bear with me.
REPRESENTATIVE TURNER: I will be more than willing to be patient.
REPRESENTATIVE WEBER: Okay.
SPEAKER OF THE HOUSE: Members, we're waiting for an Amendment.
REPRESENTATIVE WEBER: Sylvester, scratch that. I was mistaken. I do have not an Amendment on this one. Go ahead go ahead. I will gladly yield to you.
REPRESENTATIVE TURNER: And I was downstairs getting me a bite to eat, but let me make sure I understand. Tell me what the bill does again.
REPRESENTATIVE WEBER: Okay. We're aiming at going after the demand for prostitution. As you may know, my good friend, Representative Thompson over on the Senate side and there's others in the House that are extremely involved in pushing Anti-Human Trafficking Legislation.
REPRESENTATIVE TURNER: Correct. Correct.
REPRESENTATIVE WEBER: Many of the girls that are in that industry start at the age of 12 years of age.
REPRESENTATIVE TURNER: Right.
REPRESENTATIVE WEBER: And so we want to go after not only those who do it willfully, and many in human trafficking, of course, don't. We want to go after the demand for prostitution. And in most cases, I think we would agree that's going to be the man.
REPRESENTATIVE TURNER: I got that.
REPRESENTATIVE WEBER: So we're going after the johns. We want to educate them what they may think is a victimless crime.
REPRESENTATIVE TURNER: Does this serve to reduce their potential sentence?
REPRESENTATIVE WEBER: I'm sorry. Say it again.
REPRESENTATIVE TURNER: Does this serve to reduce their potential sentence?
REPRESENTATIVE WEBER: No, sir. It doesn't. It gives them deferred adjudication for a year. If they go through the program, it's a class.
REPRESENTATIVE TURNER: If they don't take the program --
REPRESENTATIVE WEBER: They are arrested. A warrant is issued for their arrest.
REPRESENTATIVE TURNER: Okay. So with setting up a johns school?
REPRESENTATIVE WEBER: Yes, sir. It's a school that educates johns, yes, sir. Remember, it's permissive.
REPRESENTATIVE TURNER: I understand. And one of the reasons why it caught my attention because you know I just had House Bill 1205 on the floor, Representative Weber, that says that if you're on a two-year probation for a state, and you go and get your GED, you get a college degree, that you will get credit upon judicial approval. But you didn't vote for that one.
REPRESENTATIVE WEBER: Okay.
REPRESENTATIVE TURNER: So why should I vote for the john school?
REPRESENTATIVE WEBER: You want to reduce prostitution, I assume.
REPRESENTATIVE TURNER: Well, but I want to make the community safer. I'm just saying, I'm just trying to understand why this bill -- why we should help the johns get reorientated, and then not help on the other folk on the bill that I had just a few hours ago.
REPRESENTATIVE WEBER: Representative, I'm not educated about your particular bill you're referring to. I'd be glad to have your conversation with you --
REPRESENTATIVE TURNER: Okay. Would you take a second and look at it?
REPRESENTATIVE WEBER: Of course, I will.
REPRESENTATIVE TURNER: Okay.
REPRESENTATIVE WEBER: But I will tell you that this bill will serve to reduce the demand for prostitution.
REPRESENTATIVE TURNER: I am never opposed to education.
REPRESENTATIVE WEBER: Sure. You bet.
REPRESENTATIVE DAVIS: Mr. Speaker.
SPEAKER OF THE HOUSE: For what purpose, Mr. Davis?
REPRESENTATIVE DAVIS: I've got a question for Representative Weber.
SPEAKER OF THE HOUSE: Will you yield?
REPRESENTATIVE WEBER: I will definitely yield for my good friend.
REPRESENTATIVE DAVIS: I want to know how many johns do we have on the House floor?
REPRESENTATIVE WEBER: Well, Representative Davis, if you want to start a john caucus, you might submit that as the possibility.
REPRESENTATIVE DAVIS: Well, let me ask you a serious question: When you go to a john school, what do they teach?
REPRESENTATIVE WEBER: When you go to john school, one thing I think we want to know, Representative Davis, that we're aimed at hitting the demand and the supply side. A john school will teach -- it's not a victimless crime.
SPEAKER OF THE HOUSE: Please let's keep the debate on the bill.
REPRESENTATIVE WEBER: A john school teaches that's it's not a victimless crime.
REPRESENTATIVE DAVIS: Say that again.
REPRESENTATIVE WEBER: A john school teaches that it is not a -- that prostitution is not a victimless crime.
REPRESENTATIVE DAVIS: Okay. At the end of the school, was there a test that we have to pass?
SPEAKER OF THE HOUSE: Representative Leggler raises a Point of Order. The gentleman's time has expired. The Point of Order is well taken and sustained.
REPRESENTATIVE WEBER: Thank you.
REPRESENTATIVE CARTER: Move to extend time, Mr. Speaker.
SPEAKER OF THE HOUSE: For what purpose?
REPRESENTATIVE CARTER: I'd like to move that the exchange between Representative Weber be reduced to threads and thrown in the trash, please.
REPRESENTATIVE WEBER: Mr. Speaker, I move passage.
SPEAKER OF THE HOUSE: Members, the question occurs on passage of House Bill 1994 to engrossment. All those in favor say aye. All those opposed nay. The ayes have it. Members, the Senate Companion to House Bill 1222 is over and eligible. Accordingly, the Chair lays out Senate Bill 141. The clerk will read the bill.
CLERK: SB 141 by Elkins related to the regulation of debt management.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Anchia.
REPRESENTATIVE ANCHIA: Thank you, Mr. Speaker. Members. Senate Bill 141 by Senator Elkins, creates a regulation regime for debt management services. It's been the subject of Committee hearings over the interim. Senator Elkins and I worked on this last Session, as well. It died on the calendar at the end. And we were able to bring the two trade groups together during the interim to work on something that was good for consumers, but. And at same time, respectful of the industry and I think that's what we have before us today in Senate Bill 141.
SPEAKER OF THE HOUSE: For what purpose, Mr. Taylor?
REPRESENTATIVE TAYLOR: Will the gentleman yield for a few questions?
SPEAKER OF THE HOUSE: Mr. Anchia, do you yield?
REPRESENTATIVE ANCHIA: I do.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE TAYLOR: Representative Anchia, this industry is currently regulated by the Federal Government, but not by state government; is that correct?
REPRESENTATIVE ANCHIA: There's some FTC rules that picks up about 20 percent of the industry. There's about 80 percent of the industry that fallout side, maybe 85 percent of the industry that falls outside the FTC rules.
REPRESENTATIVE TAYLOR: Okay. And then there are bad actors in this industry, as there are with any industry?
REPRESENTATIVE ANCHIA: Sure. Just to put it in context, the AG has logged about 800 -- almost 1,000 complaints related to debt settlement companies.
REPRESENTATIVE TAYLOR: Over what period of time?
REPRESENTATIVE ANCHIA: Probably from 2007 to today.
REPRESENTATIVE TAYLOR: Okay. But currently, the bad actors are being prosecuted by the Attorney General's Office, using the deceptive trade practices act; is that correct?
REPRESENTATIVE ANCHIA: As of July 2010, there are about six DPA lawsuits, and I don't have updated numbers on 2011.
REPRESENTATIVE TAYLOR: So we already have the means to go after the bad guys and it's currently regulated -- there is some layer of regulation already, and we're adding more regulation and more tools on top of this industry?
REPRESENTATIVE ANCHIA: So about the only -- the FDC Rule dealings with only about percent of the marketplace. Many of the complaints or most of the complaints that are received by the AG's Office are for the other 80, 85 percent of the marketplace. That does not fall under the FTC rules. The AG's Office is able to engage an enforcement on the back end after consumers have been harmed. And what we did is we worked with industry to make sure that we would come up with something that was fair, the two major trade organizations.
REPRESENTATIVE HILDERBRAN: I commend you for your hard work and I'm impressed with your ability to build a consensus. However, I disagree with the efforts of putting --
REPRESENTATIVE ANCHIA: Thank you.
REPRESENTATIVE TAYLOR: Thank you.
REPRESENTATIVE ANCHIA: Move passage. Excuse me. There's a perfecting Amendment.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Anchia.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Anchia to explain the Amendment.
REPRESENTATIVE ANCHIA: Thank you, Members. This is alleged counsel drafting error. There was a reference to a code section that was incorrect and we're fixing that here.
SPEAKER OF THE HOUSE: You've heard the motion. Is there any objection? So ordered. The Chair recognizes Mr. Anchia.
REPRESENTATIVE ANCHIA: Thank you, Members. Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against SB 141? The question occurs on passage to engrossment to SB 141. All those in favor say aye. All those opposed say nay. A record vote's been requested. A record vote is granted. All those in favor, vote aye. Those opposed nay. This is a record vote. The clerk will ring the bell. Have all voted? Show Representative Eissler voting aye. Have all Members voted? There being 62 ayes and 78 nays. The bill fails to pass.
(Brief recess taken.
SPEAKER OF THE HOUSE: Ms. Thompson offers an Amendment that is acceptable to the author. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against House Bill 2728? The question occurs on passage to engrossment of House Bill 2728. All those in favor say aye. Those opposed nay. The ayes have it. House Bill 2728 -- a record vote has been requested. Back up, Members. Okay. Members, we had a little malfunction. All those in favor say aye. Those opposed say no. The ayes have it. House Bill 2728 is passed engrossment. The Chair lays out on second reading, House Bill 2649. The clerk will read the bill.
CLERK: House Bill 2649 by Allen relating to the award of diligent participation to a credit defined in a state bill Senate facility.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Allen. Please excuse Representative Marquez because of important business on the motion of Representative Raymond. Is there any objection? The Chair recognizes Representative Allen.
REPRESENTATIVE ALLEN: Mr. Speaker, this bill allows time for inmates in state felony jails, facilities, for the diligent participation in certain treatment programs that have proven to reduce recidivism. I have an Amendment.
SPEAKER OF THE HOUSE: The following Amendments. The clerk will read the Amendment.
CLERK: Amendment by Allen.
SPEAKER OF THE HOUSE: The Chair recognizes Ms. Allen. Representative Allen.
REPRESENTATIVE ALLEN: Mr. Chair, I have an Amendment to the Amendment.
SPEAKER OF THE HOUSE: The following Amendment to the Amendment. The clerk will read the Amendment to the Amendment.
CLERK: Amendment to the Amendment by Allen.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Allen.
REPRESENTATIVE ALLEN: This Amendment has been betted through interested parties and agreed upon by the the D.A., the TCJ and the Amendment is acceptable to the author. Move passage.
SPEAKER OF THE HOUSE: Representative Allen sends up an Amendment that is acceptable to the author. Is there an objection? The Chair hears none. The Chair recognizes Representative Allen on her Amendment to the Amendment.
REPRESENTATIVE ALLEN: The Amendment takes out the word "treatment" in a substance program. In order to approve for participation in other treatment programs that don't involve since above such as mental health or domestic violence. It also clarifies TCJ reports on judges that are facility directors who are not actually responsible for the time and calculation. And TCJ will be responsible for determining who reports, which is likely the classification department. Move passage.
SPEAKER OF THE HOUSE: Representative Allen sends up an Amendment that is acceptable to the author. Is there an objection? The Chair hears none. The Amendment is acceptable.
REPRESENTATIVE ALLEN: Thank you. Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against House Bill 2649? The question occurs on the passage to engrossment of House Bill 2649. All those in favor say aye. Those opposed nay. The ayes -- a record vote has been requested. Members, the Chair recognizes Representative Madden.
REPRESENTATIVE MADDEN: Mr. Speaker, Members. Let me tell you, Ms. Allen has put together a very good piece of legislation here.
SPEAKER OF THE HOUSE: Let's have some order.
REPRESENTATIVE MADDEN: And I'm going to ask you for the support on this record vote. I know that we've had discussions on her bills in the past and some of the things and corrections. I will tell you the gentlemen at the back mic are going to be saying the same thing. Those of you who are conservatives, first of all, this is a physically conservative bill. It has a positive physical note of $48 million. $48 million. This is a good piece of legislation, and second of all, it does the right thing for the right kind of people, and I'll take any questions.
SPEAKER OF THE HOUSE: Representative Lewis, for what purpose?
REPRESENTATIVE LEWIS: Will the gentleman yields for some questions?
REPRESENTATIVE MADDEN: Of course, I always yield to your Honor.
REPRESENTATIVE LEWIS: Thank you, Chairman. Chairman, is it a fact that when state jail felonies came in, the idea of them was that people going to a state jail and then they have to serve day for day and there's no time credit, regardless of whether they're good, they're bad or how they served their time?
REPRESENTATIVE MADDEN: That is absolutely correct.
REPRESENTATIVE LEWIS: And that was the original idea, but the problem is just exactly that. In that idea, they didn't depend on human nature, and so the people who really do their time, they work, they work for the system, they're rehabilitated. They still can't get out early. They're still doing day for daytime at very expensive imprisonment when we don't need it.
REPRESENTATIVE MADDEN: These are the shorter time individuals. They usually spend about average, about ten months.
REPRESENTATIVE LEWIS: Right.
REPRESENTATIVE MADDEN: At the state jail. There is absolutely no incentive there for any behavioral changes. Ms. Allen is actually in this bill offering an intensive for people that take drug treatment programs or that take other training programs, and then still gives the authority to the judge to make the decision on whether or not to let them out. They have to sort serve at least percent of that time. But it would give them an average of about two months that might be available.
REPRESENTATIVE LEWIS: And for people who don't know about state jail misdemeanors, we're talking about the Capitol offense, and there's first degree felonies, second degree felonies, third degree felonies and then just over misdemeanor is a state jail felony, correct?
REPRESENTATIVE MADDEN: That is correct.
REPRESENTATIVE LEWIS: What has happened is, we're paying very high amount of money to keep people incarcerated.
REPRESENTATIVE MADDEN: Right.
REPRESENTATIVE LEWIS: And when we actually could be allowing some of these people to go out, give them some incentive for doing very well and let them out early. And about how much would you say that it would save the taxpayers to do this?
REPRESENTATIVE MADDEN: It's about $40 a day for each. A little over $40 a day for each person in their state jails. There will be probably somewhere between 12 and 1800 fewer people at that time in the state jails, the fiscal note for the two-year period is $48 million, positive for the state, and that's part of this money that we have to have if we're going to stand here and support House Bill 1 in the budget. This is something we have to have. This was the most important piece, I will tell you that Ms. Allen offered on the recommendation material she had. It is also the one that there was no testimony against in the Committee. And she has worked very hard with the prosecutor to make sure they're in line with this also.
REPRESENTATIVE LEWIS: Steven, it weren't for the money, I think that Representative Allen's bill would be a very good bill just for what it would do for our penal system and with the money in there, it's an extra plus issue.
REPRESENTATIVE MADDEN: Thank you, judge. And, Members, I move passage of the bill. Move passage.
SPEAKER OF THE HOUSE: The question occurs on the passage to engrossment of House Bill 2649. All those in favor say aye. Those opposed say nay. The ayes have it. House Bill 2649 is passed engrossment.
(Brief recess taken.)
SPEAKER OF THE HOUSE: . The following Amendment have the clerk will read the Amendment.
CLERK: Amendment by Deshotel.
SPEAKER OF THE HOUSE: The Chair recognizes Mr. Deshotel.
REPRESENTATIVE DESHOTEL: Thank you, Mr. Speaker. This Amendment has to do with creditors rights covered by title insurance companies. Basically says the title insurer cannot provide creditors right coverage if wishes to do business in Texas and it's acceptable to the author.
SPEAKER OF THE HOUSE: Mr. Deshotel sends up an Amendment. It is acceptable to the author. Are there any objections? The Chair hears none. Is there anybody here present to speak on for or against House Bill 1951? Mr. Taylor to close.
REPRESENTATIVE TAYLOR: My fellow Americans, it has been a great honor to be before you these last few days and carry this important bill before Texas and I look forward to voting it into passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the thank you, and final passage of House Bill 1951. All in favor say aye. Want a record vote? Record vote. Back up, Members. Just a minute.
(Brief recess taken.)
SPEAKER OF THE HOUSE: Sorry, Members, we'll have a couple of more Amendments, Members. We will Stand at Ease for three minutes while we scan the Amendments.
(House Stands at Ease.)
(Brief recess taken.)
REPRESENTATIVE COLEMAN: Thank you, very much. Members, this is what this Amendment does. Back in 1997 I passed a bill that allowed allows people with serious mental illness to have health insurance in the state under insurance plans of 50 and above. Under that are Bipolar Disorder, depression and childhood adolescent, major depressive order, obsessive compulsive disorders, paranoid and psychotic disorders, effective disorders and schizophrenia. There was a man from Dallas called my office and his daughter had been denied treatment under the insurance that he purchased. She was years old. She had anorexia. He was afraid she was going to die because the very insurance that he purchased did not allow him to get his daughter covered. Since then, since 1999, I've been trying to add anorexia nervosa, bulmia nervosa and add eating disorders specified, to the curve where these other is serious mental illnesses were adopted as requirements under the insurance state insurance plans in our state. Unfortunately, I've never had an opportunity to get that to the floor until today. So that's what this Amendment does. It says that the mostly young women around this state who have problems with eating disorders, that their parents might actually be able to use their insurance to provide them with care when they become sick. And that's what this does. And I think it's one of those Amendments that says, you know, to our sons and daughters, but particularly to our daughters, that they're worthwhile to us and that their illnesses are something that we believe should be covered. And with that, I send up this Amendment. And I'm glad to have had the opportunity after 15 years to actually lay this out on the floor.
SPEAKER OF THE HOUSE: Mr. Taylor in opposition.
REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker, and Mr. Coleman. I appreciate your concern on this issue. What you have to understand, Members, is that every mandate we add to our health insurance policy increases costs. And every time you raise the cost, for every one percent, you're losing several hundred thousand folks that can now no longer afford their health insurance. And now with the Obama-Care having been passed at the federal issue, we have a new issue. Any benefit that we include in our State Mandate does not include, that is unknown at this point, essential benefits package. The State of Texas will be responsible for paying for those costs. So we have a double whammy, employers and to the State of Texas. The other thing is every time you add another mandate, it reduces the choices that employers can have and the choices that their employees can pick or for individuals to choose on their own plan. You're raising costs for everyone whether or not people should have the choice to choose what type of plans that they want and with that I move to table.
SPEAKER OF THE HOUSE: Mr. Coleman to close.
REPRESENTATIVE COLEMAN: Members, everything can't be Mr. Obama's fault. Now, in this legislature we're all men and women that are adults and we know how to make decisions. Now, you know that a young lady of years old at the time who's wasting away wasn't thinking about President Obama. What the father was thinking about was how he was going to get his daughter covered. He had a small business, has a small business in Texas, over 50 employees. He's you all. He's the guy over there that had the trucking company. He's the gentleman over there who has whatever company it is, electronics company. He's buying insurance for himself and his family. It just so happens that the insurance he bought did not cover his daughter. Now, at some point an insurance mandate or an insurance requirement or a premium or something has to give way to human life at some point. Now, I know that I'll never get the votes in Committee and I'll probably never get the votes on the floor today, but it's important to bring this because this is the kind of patients that will never get insurance. Why? It's a preexisting condition. And it is president Obama's plan under the affordable act that says a young lady with anorexia, a person with cancer, a person with any other type of illness like diabetes can actually get care and not be denied by the insurance company. Now, I think that's very important. You all have had your fun. Let me have mine. The point of the matter is this debate has to be had, but this debate that I'm having with you right now came to me from a business owner in Plano with his young 15-year old girl who came to testify at the time and she was 50 pounds. Now, all I can tell you is that struck my heart and it told me that we needed to do more and that Texas could do better. And I've been trying for 15 years, and I guarantee you, I'm not giving up tonight and I'd ask you to vote no on the motion to table, and vote for that young lady who hasn't been able to get the votes out of the insurance Committee to get to the floor to have her voice heard. Thank you.
SPEAKER OF THE HOUSE: Mr. Coleman sends up an Amendment. Mr. Taylor moves to table. The vote is on the motion to table. This is a record vote. Vote aye. Vote nay. Mr. Taylor voting aye. Mr. Coleman voting nay. Mr. Smith voting aye. Have all Members voted? All Members voted? There being 88 ayes, 51 nays. The motion to table prevails.
(Brief recess taken.)
SPEAKER OF THE HOUSE: Members, we've got three more bills. If you have any announcements, bring them on down front. The following bill. The Chair lays out on second reading, House Bill 1576. The clerk will read the bill.
CLERK: HB 1576 by Garza in the monitoring of compliance and low income and moderate income housing -- (inaudible).
SPEAKER OF THE HOUSE: The Chair recognizes Representative Garza.
REPRESENTATIVE GARZA: Members, this is the bill I laid out a little earlier. We're going to go ahead and just withdraw the Amendments and I ask passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there anyone that wishes to speak on, for or against? If not, all those in favor of House Bill 1576 say aye. Those opposed say nay. The ayes have if. House Bill 1576 passed engrossment. The Chair lays out on second reading, House Bill 1244.
CLERK: HB 1244 by Castro relating to the development of -- --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Castro.
REPRESENTATIVE CASTRO: Mr. Speaker, Members, on behalf of Representative Castro, I move to Point of Order of HB 1244 until 4-A M Thursday May 12th.
SPEAKER OF THE HOUSE: Members you've heard the motion. Is there an objection? The Chair hearing none. So ordered. The Chair lays out on second reading House Bill 1886. The clerk will read the bill.
CLERK: HB 1886 by Morrison relating to unclaimed property --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Morrison.
REPRESENTATIVE MORRISON: Thank you, Mr. Speaker and Members. The public accounts has administered the unclaimed property since is the 9196 and the purpose of House Bill 1886 is to clarify that the Comptroller's Office may receive unclaimed funds from class action lawsuits if those funds are not claimed before 190 days after the proceeds were made payable and available to the Members of the class, unless a different of them a period is established. This is just clarification. I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak on or for or against HB 1886? If not, the question occurs on passage to engrossment of House Bill 1886. All in favor say aye. Those opposed nay. The ayes have it. HB 1886 is passed engrossment. The Chair recognizes Representative Guillen for an announcement.
REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker. Members. The posted hearing for the Committee on Culture, Recreation & Tourism is cancelled for tonight.
SPEAKER OF THE HOUSE: Senator Alvarado. Mr. Coleman, if you'd come down front. The Chair recognizes Representative Coleman.
REPRESENTATIVE COLEMAN: Thank you very much, Mr. Speaker. I request permission on the Commission on County Affairs to meet while the House is in Session at 10:00 a.m., 5/12/2011 in 3W.15 to consider pending items.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? None heard. So ordered. The Chair recognizes Representative Dutton.
REPRESENTATIVE DUTTON: Mr. Speaker and Members. The Committee on Urban Affairs will meet at 10:30 today, tonight -- that's still today, isn't it? Not tomorrow.
SPEAKER OF THE HOUSE: Thank you for that clarification.
REPRESENTATIVE DUTTON: Sorry? Okay. And we're meeting in 3W9 to consider the previously posted agenda for May 11, 2011, today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? If not, so ordered. The clerk will announce the following announcements. The clerk will read the announcements.
CLERK: The Committee on Urban Affairs will meet at 10:30 p.m. on May 11, 2011, at 3W.9. This will be a formal meeting to consider the previously posted agenda of SB 233, SB 244, SB 992, SB 1134, SB 1255, SB 1030, SB 557, SB 759, SB 173 and SB 768 and SB 1882. The Committee on County Affairs will meet at 10:00 a.m. on May 10th. This will be a formal meeting to consider pending items.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Raymond.
REPRESENTATIVE RAYMOND: Thank you, Mr. Speaker, Members. Just to remind Members of the Human Services Committee, we will meet tomorrow morning at 8:15 in E2030. Please be there to consider a bunch of bills.
REPRESENTATIVE FARRAR: Mr. Speaker.
SPEAKER OF THE HOUSE: Ms. Farrar, for what purpose?
REPRESENTATIVE FARRAR: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE FARRAR: A bill that sailed on second reading today, may it be considered tomorrow on second reading?
SPEAKER OF THE HOUSE: The motions to reconsider can certainly be considered on the next day.
REPRESENTATIVE FARRAR: Thank you.
SPEAKER OF THE HOUSE: If properly made.
REPRESENTATIVE FARRAR: And Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE FARRAR: How do you define motion properly made?
SPEAKER OF THE HOUSE: Pursuant to Rule of Section 37 of the rule.
REPRESENTATIVE FARRAR: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE FARRAR: Can you state what that is.
SPEAKER OF THE HOUSE: The motion in the rules say motion to reconsider a vote. The Parliamentarian will be happy to talk to you about the signing of that --
REPRESENTATIVE FARRAR: Pardon me?
SPEAKER OF THE HOUSE: The Parliamentarian will be happy to talk to you about the timing of that.
REPRESENTATIVE FARRAR: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE FARRAR: Is there a certain time or a certain -- can you explain the rule, please.
SPEAKER OF THE HOUSE: Rule 7, Section 37. The clerk will read the rule.
CLERK: Rule 7, Section 37, motion to reconsider a vote, A, when a question has been decided by the House and the ayes and nays have been accounted for and recorded, any member voting on the prevailing side on the same legislative day or the next legislative day move a consideration. However, if a motion to reconsider is moved on the next legislative day, it must be done before the order of the day, as designated in the 10th Item of Rule 6, Section IA is taken up. If the House refuses to consider or on reconsideration affirms its decision, no further action to reconsider shall be in order.
SPEAKER OF THE HOUSE: All right. Members, if there are no further announcements, Representative Branch moves that the House stands adjourned pending the reading and referral of the bills and Resolutions till 9:30 tomorrow in memory of Shirley Byrd Perry of Stockdale.
