REPRESENTATIVE JOE STRAUS: House will come to order. Members, please register. Have all registered? The quorum is present. The House and gallery, please rise for the invocation. The Chair recognizes Representative Kolkhorst to introduce our Pastor of the Day.
REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members, it is really a true pleasure today to have my pastor from St. Paul's Evangelical Lutheran Church here with us today in Brenham, Texas. Phil Benton and his wife, Carol, have joined us. Carol, wave to us. Where are you? There she is. Over there. Phil came to Brenham about a couple of years ago, and came from Longview, Texas where he was the long time pastor at First Lutheran in Longview. So it's a pleasure today to introduce my pastor, Pastor Phil Benton.
PASTOR OF THE DAY: Thank you, Lois. It is an honor for me to be here today, too. Thank you for the invitation. Let us pray. Lord, you have done good things for us and we are filled with joy. We bless you, Lord, and thank you for this, and all such times of deliberation for the common good. May those who work in this session experience your presence in a way that brings both the confirmation of their call to duty and joy in serving, and always result in the good life that you will for all people. May this, and all of our legislative activity, be carried out with your continual favor. Through such efforts may we bind to failure and let loose success, bind to doubt and loose optimism, bind divisions and loose agreement, bind prejudice and loose unity, bind a lack and loose abundance. Fill us with your boundless love so that we may pass it on to others, especially those who are most in need of compassion and understanding. We give your name all the praise and glory. Amen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kolkhorst to lead us in the pledge.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. If you would join me?
(Pledges to the U.S. and the Texas Flag).
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Scott to introduce our Doctor of the Day.
REPRESENTATIVE CONNIE SCOTT: Good morning, members, guests; please help me welcome my good friend, Dr. Jay Carr. He comes from my neck of the woods, we are also members of the same church, so; we're very close and good friends. Dr. Carr received his Doctorate in Medicine from UT Galveston Medical School in 1996. He has practiced in Corpus Christi since 2002. He served as a medic in the United States Army Port Sam, Houston in 1988. He's a member of the American and Texas Academy of Family Physicians. Jay and his wife, Dr. Lana Carr, have three children: Jackie, Jenna, and Jacob. Please help me welcome him to the Capitol.
REPRESENTATIVE JOE STRAUS: Excuse Representative Marquez because of important business in the district, on the motion of Representative Raymond. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gooden. Is Mr. Gooden on the floor of the House?
THE SPEAKER: Chair recognizes Representative Gooden for a motion.
REPRESENTATIVE LANCE GOODEN: Mr. Speaker and members, I move to suspend all necessary rules and take up and consider H.R. 1616.
THE SPEAKER: Members, you've heard the motion. Any objection? Chair hears none. So ordered. The Chair lays out the following resolution. The clerk will read the Resolution.
CLERK: H.R. 1616 by Gooden. Honoring Chase Beavers of Terrell High School for his achievements as the 2010/2011 Governor of the Texas-Oklahoma District of the Key Club International.
THE SPEAKER: Chair recognizes Representative Gooden.
REPRESENTATIVE LANCE GOODEN: Mr. Speaker and members, I've a student here from my hometown up in the gallery today. Stand up, Chase. Chase Beaver is an incredible young man, he's involved in the community and he is in the Key Club, and he has done so many great works for Terrell, back home. And he's here today. He graduates in a few weeks, and is also the Valedictorian of the Terrell class of 2011. And I ask that you welcome him today. All right, members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, Chair recognizes Ms. Thompson for an announcement.
REPRESENTATIVE SENFRONIA THOMPSON: Good morning, members, Mr. Speaker and members, we are about to go on the Local, Consent and Resolution Calendar. Please be ready for your bills.
REPRESENTATIVE BEVERLY WOOLLEY: Members, we are ready to begin considering the Local and Consent Calendar. Please be ready to have your bills on the calendar, or if you have a bill on the calendar be ready. The Chair recognizes Representative Laubenberg to explain House Bill 142.
REPRESENTATIVE JODIE LAUBENBERG: This, members, just codifies what's in administrative law to say that if you want to practice psychology independently you need to --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 142? Chair hears none and lays out House Bill 142. The clerk will read the Bill.
CLERK: H.B. 142 by Laubenberg. Relating to the practices of psychological associates.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on the passage of third reading of House Bill 142. Is there any objection? Chair hears none. so ordered. Chair calls on Representative Raymond to explain House Bill 161.
REPRESENTATIVE RICHARD RAYMOND: Members, H.B. 161 is relating to the de-semination of criminal history records --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 161? Chair hears none and lays out House Bill 161. The clerk will read the Bill.
CLERK: H.B. 161 by Raymond. Relating to dissemination of the criminal history, record information by the Department of Public Safety concerning certain intoxication offenses.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The Question occurs on passage to third reading of House Bill 161. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Raymond to explain House Bill 167.
REPRESENTATIVE RICHARD RAYMOND: Relating to the transportation of certain mental health patients.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 167? Chair hears none and lays out House Bill 167. The Clerk will read the bill.
CLERK: H.B. 167 by Raymond. Relating to the transportation of certain mental health patients.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The Question occurs on the passage to third reading of House Bill 167. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Driver to explain House Bill 427.
REPRESENTATIVE JOE DRIVER: This bill creates a City of Rowlett Management Waterfront District.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 427? Chair hears none and lays out House Bill 427. Clerk will read bill.
CLERK: H.B. 427 by Driver. Relating to the creation of the Rowlett Waterfront Entertainment Management District; providing authority to impose a tax, levy an assessment and issue bonds.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Driver.
REPRESENTATIVE JOE DRIVER: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The Question occurs on passage of House Bill 427 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Allen to explain House Bill 695.
REPRESENTATIVE ALMA ALLEN: H.B. 695 is a recycling bill for the collection and disposal of mercury --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 695? Chair hears none and lays out House Bill 695. Clerk will read the Bill.
CLERK: H.B. 695 by Allen. Relating to the establishment of a program for the collection, transportation, recycling, and disposal of mercury-added thermostats.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of House Bill 695. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Otto to explain House Bill 737.
REPRESENTATIVE JOHN OTTO: House Bill 737 expands the definition of --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 737? Chair hears none and lays out House Bill 737. The clerk will read the Bill.
CLERK: H.B. 737 by Otto. Relating to the East Montgomery County Improvement District.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Otto.
REPRESENTATIVE JOHN OTTO: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of House Bill 737. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gonzalez to explain House Bill 778.
REPRESENTATIVE NAOMI GONZALEZ: Thank you Madam Speaker, I'd like to lay out at this time Senate Bill 604, which is over and eligible.
REPRESENTATIVE BEVERLY WOOLLEY: Members, Senate Companion to House Bill 778 is over and eligible. Accordingly, the Chair lays out Senate Bill 604. The clerk will read the bill.
CLERK: S.B. 604 by Gonzalez. Relating to the execution of lawful process by county jailers.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection -- Go ahead and explain the Bill.
REPRESENTATIVE NAOMI GONZALEZ: Okay. This just relates to the lawful process of county jail inmates.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of Senate Bill 604? Chair hears none. The question occurs on passage to third reading of Senate Bill 604. Is there any objection? Chair hears none. So ordered. Representative Gonzalez of El Paso moves to lay House Bill 778 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Thompson to -- Representative Farias to explain House Bill 995.
REPRESENTATIVE JOE FARIAS: Madam Speaker and members, House Bill 995 relates to the relationship of the Secretary State and those --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 995? The Chair hears none and lays out House Bill 995. Clerk will read bill.
CLERK: H.B. 995 by Gutierrez. Relating to provision by the secretary of state of notice to a candidate of the form of the candidate's name that will appear on the general election ballot.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Farias.
REPRESENTATIVE JOE FARIAS: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 995 to third reading. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Weber to explain House Bill 1119.
REPRESENTATIVE RANDY WEBER: Thank you, Madam Speaker, this bill Brazoria County --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1119? Chair hears none and lays out House Bill 1119. The Clerk will read the bill.
CLERK: H.B. 1119 by Weber. Relating to the maintenance tax rate of the Brazoria County Conservation and Reclamation District Number Three.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Weber.
REPRESENTATIVE RANDY WEBER: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1119. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Gallego to explain House Bill 1177.
REPRESENTATIVE PETE GALLEGO: House Bill 1177 relates to the election of members of the board of directors of the Middle Pecos Groundwater Conservation District.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 1177 is over and eligible. Accordingly, the Chair lays out Senate Bill 564. The clerk will read the Bill.
CLERK: S.B. 564 by Uresti. Relating to the election of the membership of the board of directors in the Middle Pecos Groundwater Conservation District.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of Senate Bill 564 to third reading. Is there any objection? Chair hears none. So ordered. The -- Representative Gallego moves to lay House Bill 1177 on the table subject to call. Is there any objection? The Chair hears none. And it is so ordered. I've heard Representative Gallego had been working with Representative Hardcastle for diction lessons. The Chair recognizes Representative Miller of Comal to explain House Bill 1234.
REPRESENTATIVE DOUG MILLER: Members, this is a -- that covers the --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1234? Chair hears none and lays out House Bill 1234. The clerk will read the Bill.
CLERK: H.B. 1234 by Miller of Comal. Relating to the authority of certain counties to impose a county hotel occupancy tax.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Miller of Comal.
REPRESENTATIVE DOUG MILLER: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1234. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Zedler to explain House Bill 1241.
REPRESENTATIVE BILL ZEDLER: Mr. Speaker and members, this is a permissive bill that allows the --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1241? The Chair hears none and lays out House Bill 1241. The clerk will read the Bill.
CLERK: H.B. 1241 by Zedler. Relating to surety bond requirements for reserve deputy constables.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Zedler.
REPRESENTATIVE BILL ZEDLER: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1241. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Landtroop to explain House Bill --
REPRESENTATIVE JIM LANDTROOP: Thank you, members. This is relating to the regulation of the public --
REPRESENTATIVE BEVERLY WOOLLEY: Attention . Attention.
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: This happens to be Mr. Landtroop's first bill. Finally. Lambchop's -- Lambchop's bill.
REPRESENTATIVE RICK HARDCASTLE: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Hardcastle?
REPRESENTATIVE RICK HARDCASTLE: Let him go first.
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Lambchop?
REPRESENTATIVE JIM LANDTROOP: I do.
REPRESENTATIVE RICK HARDCASTLE: Mr. Landt roop, do you know anything about public grain warehouses?
REPRESENTATIVE JIM LANDTROOP: I know my district has more public grain houses than any other districts in the state.
REPRESENTATIVE RICK HARDCASTLE: I doubt that. Have you ever seen how big my district is?
REPRESENTATIVE JIM LANDTROOP: Yes. And, unfortunately, I think for both of us ours are getting bigger.
REPRESENTATIVE RICK HARDCASTLE: And this is a sorry little bill that you brought through the Ag Committee.
REPRESENTATIVE JIM LANDTROOP: I'm sorry?
REPRESENTATIVE RICK HARDCASTLE: Is this the sorry little bill you brought through the Ag Committee?
REPRESENTATIVE JIM LANDTROOP: It is a bill that I brought through the Ag Committee, yes.
REPRESENTATIVE RICK HARDCASTLE: And had to beg for the votes to get it out?
REPRESENTATIVE JIM LANDTROOP: I don't recall doing that. But, if I did, you know, I'll do what I need to do to protect our producers.
UNIDENTIFIED MALE SPEAKER: Madam Chair, may I ask a question? Representative, I thought I voted no on this bill in the committee. So how did it come to the Local and Consent?
REPRESENTATIVE JIM LANDTROOP: I thought you were absent that day.
UNIDENTIFIED MALE SPEAKER: No, I was there.
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Chisum ?
REPRESENTATIVE WARREN CHISUM: What day of the session is this?
REPRESENTATIVE JIM LANDTROOP: I'm sorry?
REPRESENTATIVE BEVERLY WOOLLEY: Are you asking me, or Mr. Lambchop?
REPRESENTATIVE JIM LANDTROOP: 123.
REPRESENTATIVE WARREN CHISUM: It's 123, and you just now got to the floor? Come on, boy, you got to pick up your feet.
REPRESENTATIVE JIM LANDTROOP: Yeah, I hear you.
REPRESENTATIVE BEVERLY WOOLLEY: That's when you know it's a really good bill.
UNIDENTIFIED MALE SPEAKER: Madam Speaker, will the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Landtroop?
REPRESENTATIVE JIM LANDTROOP: Yes, I do.
REPRESENTATIVE RANDY WEBER: Thank you, Jim. Your bill, it says that it's related to public grain warehouse operators; is that right? Is that correct?
REPRESENTATIVE JIM LANDTROOP: Yes.
REPRESENTATIVE RANDY WEBER: Are you for the operators or are you against the operators?
REPRESENTATIVE JIM LANDTROOP: I'm for our producers.
REPRESENTATIVE RANDY WEBER: Okay. So you are not going against the grain?
REPRESENTATIVE JIM LANDTROOP: No, actually, all the grain operators -- All right, all right.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 1324 is over and eligible. Accordingly, the Chair lays out Senate Bill 248. The clerk will read the bill.
CLERK: S.B. 248 by Landtroop. Relating to the regulation of public grain warehouse operators.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Mr. Landtroop.
REPRESENTATIVE JIM LANDTROOP: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill -- excuse me, Senate Bill 248. Is there any objection? Chair hears none so ordered. Representative Landtroop moves to lay House Bill 1321 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Lyne to explain House Bill.
REPRESENTATIVE LANHAM LYNE: I believe the Senate Bill is over and eligible.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Bill 1339 is over and eligible. Accordingly, the Chair lays out Senate Bill 1121. The clerk will read the bill.
CLERK: S.B. 1121 by Estes. Relating to the student fees for the university center at Midwestern State University.
REPRESENTATIVE BEVERLY WOOLLEY: The chair recognizes Representative Lyne.
REPRESENTATIVE LANHAM LYNE: I guess he's been taking lessons from Gallego there. It's a student fee bill from the university, it's already been approved by the --
UNIDENTIFIED MALE SPEAKER: Ms. Speaker? Madam Speaker?
REPRESENTATIVE LANHAM LYNE: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Members, --
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
THE SPEAKER: For what purpose?
UNIDENTIFIED MALE SPEAKER: For a question. I --
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield?
UNIDENTIFIED MALE SPEAKER: For a question. I promise it will be take like 2 seconds. Because --
REPRESENTATIVE LANHAM LYNE: That would be impossible.
UNIDENTIFIED MALE SPEAKER: I knew you would remember that, too. You were paying attention. Now, sir, this is the fee bill, correct?
REPRESENTATIVE LANHAM LYNE: That is correct.
UNIDENTIFIED MALE SPEAKER: And we've had discussions of these kind of bills where we -- well, not really in a bad way but in a good way, that the reason for my question is for members that are trying to get T bills, there's an understanding in -- with good will, that even though we have a big discussion on what our taxes we want to have fee bills that can help our community colleges and universities. Right?
REPRESENTATIVE LANHAM LYNE: Sure.
UNIDENTIFIED MALE SPEAKER: Right?
REPRESENTATIVE LANHAM LYNE: That's correct.
UNIDENTIFIED MALE SPEAKER: So by us passing this legislation today, agree to it, we're saying it's going to be okay?
REPRESENTATIVE LANHAM LYNE: Well, it's already been agreed to by the students. They have already been voted on it. It has a sunset provision. And it's for replacement of the electrical system and fire support system in the student center, which is the --
UNIDENTIFIED MALE SPEAKER: But by us, we have --
REPRESENTATIVE LANHAM LYNE: Yes --
UNIDENTIFIED MALE SPEAKER: We have to agree to it, as a body, to allow that to happen.
REPRESENTATIVE LANHAM LYNE: That's correct. Because I don't want the blood to be on our hands.
UNIDENTIFIED MALE SPEAKER: And that's because we are allowing for this fee bill to go through. So if this district or a university needs it, it's okay?
REPRESENTATIVE LANHAM LYNE: Well, I think this one is unique in that the students have favored it.
UNIDENTIFIED MALE SPEAKER: So --
REPRESENTATIVE LANHAM LYNE: The people who are going to be paying the fee have already approved it.
UNIDENTIFIED MALE SPEAKER: But the issue is, it's a fee bill, and if it's a necessity for the universities then it's okay.
REPRESENTATIVE LANHAM LYNE: Well, I think in this case I think it's a safety issue. And I think if you want the school to burn down with all the kids in it --
UNIDENTIFIED MALE SPEAKER: No, no, no, no, no, no. Because then what do we call it a tax, it would be against it, right?
REPRESENTATIVE LANHAM LYNE: Not necessarily.
UNIDENTIFIED MALE SPEAKER: Okay. So you would be for a tax bill?
REPRESENTATIVE LANHAM LYNE: Not necessarily.
UNIDENTIFIED MALE SPEAKER: What about for safety?
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to further consideration of Senate Bill 1339? -- Wait a minute. Senate Bill 1121. If not -- The question occurs on the passage of Senate Bill 1339. Is there objection? Chair hears none. So ordered. Representative Lyne moves to lay House Bill 1339 on the table subject to call. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Chisum to explain House Bill 1416.
REPRESENTATIVE WARREN CHISUM: Members, 1460 allows things to happen good in Chilldress County.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion of House Bill 1416 is over and eligible. Accordingly, the Chair lays out Senate Bill 626. The Clerk will read the bill.
CLERK: S.B. 628 by Duncan. Relating to the authority of the Childress County Hospital District to provide facilities and services for persons who are elderly or disabled; providing authority to issue bonds and notes.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of Senate Bill 628. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Scott to explain House Bill 1544.
REPRESENTATIVE CONNIE SCOTT: Members, this is relating to the design of specialty license plates issued to members and former members of the military.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1544? Chair hears none and recognizes -- and calls on -- and lays out House Bill 1544. The Clerk will read the the bill.
CLERK: H.B. 1544 by Hunter. Relating to the design of specialty license plates issued to members and former members of the United States armed forces.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1544. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Flynn to explain House Bill 1563.
REPRESENTATIVE DAN FLYNN: Thank you, Madam Speaker. House Bill 1563 --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1563? Chair hears none and lays out House Bill 1563. The Clerk will read the bill.
CLERK: H.B. 1563 by Flynn. Relating to the period of time between certain local option elections to legalize or prohibit the sale of alcoholic beverages.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Flynn.
REPRESENTATIVE DAN FLYNN: I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1563. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Scott to explain House Bill 1586.
REPRESENTATIVE CONNIE SCOTT: This is relating to the boundaries of the Ingleside Cove Wildlife Sanctuary.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Bill Companion to House Bill 1586 is over and eligible. Accordingly, the Chair lays out Senate Bill 810. The Clerk will read the bill.
CLERK: S.B. 810 by -- Relating to the boundaries of the Ingleside Cove Wildlife Sanctuary.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of Senate Bill 810. Is there any objection? Chair hears none. so ordered. Representative Hunter moves to lay House Bill 1586 on the table subject to call. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Gallego to explain House Bill 1646.
REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. This is just to prove that I can actually do this. House Bill 1646 relates to the representation of certain applications of habeas corpus in cases involving --
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 1646? Chair hears none and lays out House Bill 1646. The Clerk will read the bill.
CLERK: H.B. 1646 by Gallego. Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1646. Is there any objection? Chair hears none. So ordered. Chair calls on Representative -- Thompson, Ms. Thompson, can you do Mr. Coleman's bill? Chair calls on Representative Coleman to explain House Bill 1745.
REPRESENTATIVE GARNET COLEMAN: Thank you Madam Speaker and members, what this bill does is allow the voters of the City of Houston --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1745? The chair hears none and lays out House Bill 1745. The clerk will read the bill.
CLERK: H.B. 1745 by Coleman. Relating to the authority of certain municipalities to impose term limits on the members of their governing bodies.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Coleman.
REPRESENTATIVE GARNET COLEMAN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1745. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Flynn to explain House Bill 1897.
REPRESENTATIVE DAN FLYNN: Thank you, Madam Speaker. This is a bill to clean up the problem we had in the county court that was created in last session.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1897? Chair hears none and lays out House Bill 1897. The Clerk will read the bill.
CLERK: H.B. 1897 by Flynn. Relating to the jurisdiction of, number of jurors in, and the clerk serving the County Court at Law of Van Zandt County.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Flynn.
REPRESENTATIVE DAN FLYNN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1897. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Pickett to explain House Bill 1921.
REPRESENTATIVE PICKETT: Thank you, Madam Speaker. This would allow the city counsel be -- board of --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1921? The Chair hears none and lays out House Bill 1921. The Clerk will read the bill.
CLERK: H.B. 1921 by Pickett. Relating to the composition of a board of directors of a regional mobility authority created by a municipality.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Pickett.
REPRESENTATIVE PICKETT: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 1921. Is there any objection? Chair hears none. So ordered. Members, the Senate Companion of House Bill 1921 is over and eligible. Accordingly, the Chair lays out Senate Bill 1492. The clerk will read the bill.
CLERK: S.B. 1492 by Uresti. Relating to the election of directors of the Real-Edwards Conservation and Reclamation District.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative King of Zavala.
REPRESENTATIVE KING: Thank you, Madam Speaker. This bill rearranges the board of directors and the terms of office in the Real-Edwards Conservation Reclamation District.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of --
REPRESENTATIVE KING: I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of Senate Bill 1492 to third reading. Is there any objection? Chair hears none. So ordered. Representative Hilderbran moves to lay House Bill 1945 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Hardcastle to explain House Bill 1969.
REPRESENTATIVE RICK HARDCASTLE: Thank you Madam Speaker and members, this is relating to chicken manure.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection --
UNIDENTIFIED MALE SPEAKER: It's manure.
REPRESENTATIVE BEVERLY WOOLLEY: -- to consideration of House Bill 1969? If not, the Chair lays out House Bill 1969. The clerk will read the bill.
CLERK: H.B. 1969 by Christian. Relating to the applicability of commercial fertilizer regulations to a substance containing animal manure or plant remains.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: I move passage.
UNIDENTIFIED MALE SPEAKER: Madam --
REPRESENTATIVE RICK HARDCASTLE: Good morning.
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Burnam?
REPRESENTATIVE LON BURNAM: I'd like -- If I could get tongue working this morning I'd like to ask about a --
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Hardcastle?
REPRESENTATIVE RICK HARDCASTLE: I will yield.
REPRESENTATIVE LON BURNAM: You know, some people would suggest that I don't know anything about this topic, but I've got a lot of questions because I don't know anything about this topic. Representative Hardcastle, did the -- did Representative Christian not care enough about his bill today to show up to lay it out?
REPRESENTATIVE RICK HARDCASTLE: Represent ative Christian had a previous engagement.
REPRESENTATIVE LON BURNAM: Is this being referred to as the chicken salad bill?
REPRESENTATIVE RICK HARDCASTLE: Not yet.
REPRESENTATIVE LON BURNAM: Not yet? Well -- I don't understand why you are trying to deregulate manure.
REPRESENTATIVE RICK HARDCASTLE: The only thing we are doing is saying that they don't have to have an actual analysis on a bag of chicken litter, chicken manure product, because they're selling it as chicken manure, not as a regulated fertilizer.
REPRESENTATIVE LON BURNAM: Okay. But a lot of suburban customers, of whom I do not represent any, use manure on their yards and don't they need to know what exactly is in it?
REPRESENTATIVE RICK HARDCASTLE: And they use manure for the manure factor, not for the factor that the price would double if we had to run an analysis on every batch of manure and waste product. And they like buying it for the fact that it is chicken manure. They don't necessarily want an analysis.
REPRESENTATIVE LON BURNAM: Well I know the best tomato crop I ever had was when I used chicken manure.
REPRESENTATIVE RICK HARDCASTLE: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 1969? Chair hears none and lays out House Bill 1969. The Clerk will read the bill.
REPRESENTATIVE RICK HARDCASTLE: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 1969 to third reading. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Gallego to explain House Bill 1989.
REPRESENTATIVE PETE GALLEGO: Madam Speaker, this bill relates to the minimum standards in the sexual assault training programs.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 1989 is over and eligible. Accordingly, the Chair lays out Senate Bill 533. The clerk will read the the bill.
CLERK: S.B. 533 by Davis. Relating to the minimum standards for the certifications of sexual assault training programs and sexual assault nurse examiners and for certification renewal by those entities.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 533. Is there any objection? Chair hears none. So ordered. Representative Gallego moves to lay House Bill 1989 on the table subject to call. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Hardcastle to explain House Bill 1991.
REPRESENTATIVE RICK HARDCASTLE: Thank you Madam Speaker and members, this bill just improves the requirements for registering animal tattoos.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Bill to House Bill 1991 is over and eligible. Accordingly, the Chair lays out Senate Bill 1354. The clerk will read the bill.
CLERK: S.B. 1356 by Estes. Relating to the repeal of certain laws regulating the registration of animal tattoo marks with the Department of Public Safety.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 1356. Is there any objection? Chair hears none so ordered. Representative Hardcastle moves to lay House Bill 1991 on the table subject to call. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Hardcastle to explain House Bill 1993.
REPRESENTATIVE RICK HARDCASTLE: Thank you members and Madam Speaker, this House Bill 1993 just handles a stray livestock.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 1993 is over and eligible. Accordingly, the Chair lays out Senate Bill 15 -- 1357. The clerk will read bill.
CLERK: S.B. 1357 by Estes. Relating to the redemption and impoundment of strays.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration? Chair hears none. So ordered. Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the question occurs on the -- the question occurs on passage of Senate Bill 1357 to third reading. Is there any objection? Chair hears none. So ordered. Representative Hardcastle moves to lay House Bill 1993 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Smithee to explain -- Excuse me, Representative Price. Price, Price, to explain -- Let me start over. Representative Price to explain House Bill 2089. REPRESENTATIVE WALTER "FOUR" PRICE: House Bill 2089 requires the commissioner of Workers' Compensation to adopt the rules -- timely and accurate payments --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2089? Chair hears none and lays out House Bill open 2089. The clerk will read the bill.
CLERK: H.B. 2089 by Smithee. Relating to the resolution of overpayment or underpayment of income benefits under the workers' compensation program.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 2089 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 2093.
REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this is the operation and regulation of --
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 2093? Chair hears none and lays out House Bill 2093. The clerk will read the bill.
CLERK: H.B. 2093 by Thompson. Relating to the operation and regulation of certain consolidated insurance programs.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 2093. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Jackson to explain House Bill 2104
REPRESENTATIVE JIM JACKSON: Madam Speaker and members, this has raised the amount of bond -- 5 point -- purchase or more --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2104? Chair hears none and lays out House Bill 2104. The clerk will read the bill.
CLERK: H.B. 2104 by Jackson. Relating to the amount of the bond for county taxes required to be given by the county assessor-collector for certain counties.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM JACKSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 2104. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Aycock to explain House Bill 2169.
REPRESENTATIVE REPRESENTATIVE AYCOCK: Tha nk you, Madam Speaker. This bill allows the school districts to -- and -- taken under Section 31.05.
REPRESENTATIVE JESSICA FARRAR: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose?
REPRESENTATIVE JESSICA FARRAR: Would the gentleman yield, I have some questions.
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield?
REPRESENTATIVE AYCOCK: I would be glad to.
REPRESENTATIVE BEVERLY WOOLLEY: Gentleman yields.
REPRESENTATIVE JESSICA FARRAR: How large is a typical discount for early payment?
REPRESENTATIVE AYCOCK: I'm having trouble hearing you.
REPRESENTATIVE JESSICA FARRAR: Under your bill, how large is a typical discount for early payment?
REPRESENTATIVE AYCOCK: First, only if a certain number of entities do it, and they can opt for -- I'm not sure what the percentages are, but it's staged by month. So if you pay early, they have an early discount. And it's clear that they can give the early discount. The law is unclear that once having given the discount, that they have the power to reimburse that discount for repayment.
REPRESENTATIVE JESSICA FARRAR: Got it. And so what would be the largest discount for the earliest --
REPRESENTATIVE AYCOCK: I would have to go back and look. But mostly I have seen about 2 percent.
REPRESENTATIVE JESSICA FARRAR: If you are taking -- kind of taking full advantage of this, that would be the best strategy and how much how much would that discount be?
REPRESENTATIVE AYCOCK: To be truthful, I didn't go look.
REPRESENTATIVE JESSICA FARRAR: Pardon me?
REPRESENTATIVE JIM JACKSON: I didn't go look. I don't know.
REPRESENTATIVE JESSICA FARRAR: What percentage of taxable entities receive these discounts? Do you know?
REPRESENTATIVE AYCOCK: I know mine does. They are going to reverse it.
REPRESENTATIVE JESSICA FARRAR: Pardon me?
REPRESENTATIVE AYCOCK: I know that -- ISD and certain entities in Bell County use the early discount for early payment and desire to reverse it.
REPRESENTATIVE JESSICA FARRAR: But you don't know the --
REPRESENTATIVE AYCOCK: I don't know many across the state that is.
REPRESENTATIVE JESSICA FARRAR: Okay. Got it. And how many taxing units do you anticipate will rescind tax discounts?
REPRESENTATIVE AYCOCK: I suspect the independent school district will.
REPRESENTATIVE JESSICA FARRAR: Got it. And what will ultimately be the effect of these recitations?
REPRESENTATIVE AYCOCK: If they reverse the discount people might elect to pay later, will be the most likely thing.
REPRESENTATIVE JESSICA FARRAR: Okay. I figured the same. Do you believe more taxes will be collected or less?
REPRESENTATIVE AYCOCK: Depends on how many would like to move that back or move it forward. My suspicion is that they had -- they may collect a few more taxes.
REPRESENTATIVE JESSICA FARRAR: Few more? You believe that more taxes will be collected?
REPRESENTATIVE AYCOCK: Not advised. That will be up to the district.
REPRESENTATIVE JESSICA FARRAR: And do you know how much this bill raises taxes?
REPRESENTATIVE AYCOCK: No, I do not.
REPRESENTATIVE JESSICA FARRAR: Really? Is it not the position of the republican party that no new taxes will be raised this session?
REPRESENTATIVE AYCOCK: This is not a new tax. The taxes there they are giving a discount on the taxes and it would reverse the discount.
REPRESENTATIVE JESSICA FARRAR: Interesting . Thank you.
REPRESENTATIVE AYCOCK: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2169? The Chair hears none and lays out House Bill 2169. The clerk will read the bill.
CLERK: H.B. 2169 by Aycock. Relating to the authority of the governing body of a taxing unit to rescind a discount for early payment of ad valorem taxes.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Aycock.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: M ove passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 2169. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Dutton. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ma dam Speaker, we have --
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Dutton? REPRESENTATIVE HAROLD V. DUTTON, JR.,: We have a message at the door of the House but, in my neighborhood we would say: My man is here, can you cut him some slack?
REPRESENTATIVE BEVERLY WOOLLEY: What should I answer, Mr. Dutton? REPRESENTATIVE HAROLD V. DUTTON, JR.,: Sl ack is cut.
REPRESENTATIVE BEVERLY WOOLLEY: Slack is cut. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th at's cool.
MESSENGER: Thank you, Madam Speaker. I'm directed by the Senate to inform the House that the Senate has passed the following actions:
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Oliveira to explain House Bill 2208. Chair recognizes Representative Lucio. REPRESENTATIVE EDDIE LUCIO, III: Thank you, Madam Speaker. This will allow for certain folks who pay taxes to file some technical paperwork late when there is a hurricane.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 2208 is over and eligible. Accordingly, the Chair lays out Senate Bill 1385. The clerk will read the bill.
CLERK: S.B. 1385 by Lucio. Relating to the authority of the chief appraiser of an appraisal district or the collector for a taxing unit to waive penalties for failing to file certain documents.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Lucio. REPRESENTATIVE EDDIE LUCIO, III: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of Senate Bill 1385. Is there any objection? Chair hears none. So ordered. Representative Oliveira moves to lay House Bill 2208 on the table subject to call. Is there any objection? Chair hears none. So ordered. The Chair calls on Representative Anderson of Dallas to explain House Bill 2254. REPRESENTATIVE CHARLES "DOC" ANDERSON: Th ank you, madam Speaker. This is a bill that deals with correction instruments. Correction deeds.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 2254 is over and eligible. Accordingly, the Chair lays out Senate Bill 1496. The clerk will read the Bill.
CLERK: S.B. 1496 by Uresti. Relating to the scope and validity of correction instruments in the conveyance of real property.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Anderson. REPRESENTATIVE CHARLES "DOC" ANDERSON: Mo ve passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 1496. Is there any objection? Chair hears none. So ordered. Representative Anderson of Dallas moves to lay House Bill 2254 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Paxton to explain House Bill 2338.
REPRESENTATIVE KEN PAXTON: This requires the county tax assessor collector to post tax rates for local government under --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2338? Chair hears none, lays out House Bill 2338. The clerk will read the Bill.
CLERK: H.B. 2338 by Paxton. Relating to the posting on the Internet by the county assessor-collector of information regarding ad valorem tax rates.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Paxton.
REPRESENTATIVE KEN PAXTON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 2338 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Quintanilla to explain House Bill 2369.
REPRESENTATIVE CHENTE QUINTANILLA: Madam, 2369 is relating to the accreditation and training programs and the examination for certain emergencies --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2369? Chair hears none and lays out House Bill 2369. The clerk will read the bill.
CLERK: H.B. 2369 by Quintanilla. Relating to the accreditation of training programs and examinations for certain emergency medical services personnel.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Quintanilla.
REPRESENTATIVE CHENTE QUINTANILLA: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 2369. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Flynn to explain House Bill 2417.
REPRESENTATIVE DAN FLYNN: House Bill -- House Bill 2417 brings the Texas code of military justice in line with the united code of --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2417? Chair hears none and lays out House Bill 2417. The clerk will read the bill.
CLERK: H.B. 2417 by Flynn. Relating to the Texas code of Military Justice.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Flynn.
REPRESENTATIVE DAN FLYNN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 20417 to third reading. Is there any objection? Chair hears none. so ordered. Chair recognizes Representative Allen to explain House Bill 2446.
REPRESENTATIVE ALMA ALLEN: H.B. 2446 explains the release of confidential physician -- communications --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2446? Chair hears none and lays out House Bill 2446. The clerk will read the bill.
CLERK: H.B. 2446 by Allen. Relating to the release of confidential physician-patient communications in certain circumstances.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 2446. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Frullo to explain House Bill 2498.
REPRESENTATIVE JOHN FRULLO: Yes, members, the Senate Bill 1150 is over and available.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 2498 is over and eligible. Accordingly, the Chair lays out Senate Bill 1150. The clerk will read the bill.
CLERK: S.B. 1150 by Soliger. Relating to requiring certain non-ERCOT utilities to comply with energy efficiency goals.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Frullo.
REPRESENTATIVE JOHN FRULLO: Members, this is a local clean up bill and making sure that the -- state's energy efficiency programs extend to excel energy. I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of Senate Bill 1150. Is there any objection? Chair hears none. So ordered. Representative Frullo to move to lay House Bill 2498 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Kolkhorst to explain House Bill 2635.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Madam Speaker. H.B. 2635 moves Walker County back to the first and fourteenth court of appeals from the tenth court of appeals.
UNIDENTIFIED WOMAN SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose?
UNIDENTIFIED WOMAN SPEAKER: Would the gentle lady yield?
REPRESENTATIVE LOIS KOLKHORST: I will.
UNIDENTIFIED WOMAN SPEAKER: How are the geographic districts determined?
REPRESENTATIVE LOIS KOLKHORST: How -- Are you talking about in Court of Appeals?
UNIDENTIFIED WOMAN SPEAKER: Correct. The ones that you are affecting.
REPRESENTATIVE LOIS KOLKHORST: How are they affected?
UNIDENTIFIED WOMAN SPEAKER: The ones that you are affecting.
REPRESENTATIVE LOIS KOLKHORST: Right. So Walker County had been in the first and fourteenth court of appeals since 1892, I believe. In 2005 Representative Crabbe passed a bill that did a reapportionment of the Court of Appeals. At that time I tried to work with Representative Crabbe to keep Walker County in the first and fourteenth, and was unsuccessful. Although, I did have twenty five people vote with me to try to not allow that to happen.
REPRESENTATIVE JESSICA FARRAR: Other than this stance, do you know how often these districts are shifted around?
REPRESENTATIVE LOIS KOLKHORST: We do -- Well, Pete Gallego had a small one on the last Local and Consent Calendar, so this happens occasionally.
REPRESENTATIVE JESSICA FARRAR: Do you know how many justices are on the bench of each court?
REPRESENTATIVE LOIS KOLKHORST: Yeah, sure. In Waco, in the tenth Court of appeals, there are three. In the first and the fourteenth, I believe that there are twelve on each one of those.
REPRESENTATIVE JESSICA FARRAR: Do you know how many cases were heard each in the tenth, in the first tenth and fourteenths?
REPRESENTATIVE LOIS KOLKHORST: I do have some statistics. Those statistics, and what we were looking at, is why Walker County was moved to the tenth Court of Appeals was because of the reapportionment of the cases being transferred in and transferred out. So it's very interesting that in the last three years the Houston courts have had to transfer in cases, while the Waco court had to transfer out. So like in 2008 Waco transferred out 41, and 2009 transferred out 64 and in 2010, 91. While the Houston courts were transferring in 104 and 114 and 76 in those three respective years.
REPRESENTATIVE JESSICA FARRAR: Is it normal to split counties into the -- districts?
REPRESENTATIVE LOIS KOLKHORST: Is it normal to split counties? This is not a split county, it's a whole county.
REPRESENTATIVE JESSICA FARRAR: All right. Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Ms. Farrar?
REPRESENTATIVE JESSICA FARRAR: It's my intent to speak for 10 minutes on this bill.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the bill is withdrawn from the calendar. The Chair recognizes Representative Lucio to explain House Bill 2688. REPRESENTATIVE EDDIE LUCIO, III: Thank you, Madam Speaker. This is to clear up language on a scholarship program that we have for those students who are participating in ROTC.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2688? Chair hears none and lays out House Bill 2688. The clerk will read the bill.
CLERK: H.B. 2688 by Lucio. Relating to tuition and scholarships and fee exemptions for certain members of the armed services and certain military veterans attending institutions of higher education.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Lucio. REPRESENTATIVE EDDIE LUCIO, III: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 2688 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Callegari to explain House Bill 2729.
REPRESENTATIVE BILL CALLEGARI: Madam Speaker and members, this allows the local government entity to contract a private entity to act as an agent in --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2729? The Chair hears none and lays out House Bill 2729. The clerk will read bill.
CLERK: H.B. 2729 by Callegari. Relating to local government contracts with private entities for civil works projects and improvements to real property.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Move adoption.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 2729. Is there any objection? Chair hears none. So ordered. The chair recognizes Representative Torres for a recognition.
REPRESENTATIVE TORRES: Madam Speaker and members, I would like to take a moment from this very fast pace to recognize for my hometown of Corpus Christi, along with the Representative Scott and Chairman Hunter the Moody High School Moody Civic Minded Students are located in the north side of the gallery. Will you please stand up? Members, the Moody High School Moody Civic Minded Students is a school organization that was founded in 2000, 2000 school year, under the leadership and the vision of founder Danny Nogales Senior, and has -- and his children who are also educators. Sonia Nogales and Danny Nogales, Jr. And so Danny, wave up there. There's two Dannys up there, but good to see you both. Get this: Over the last 11 years, these students have been actively engaged on the national, state and local arena of politics in an effort to bring an awareness and promote citizens to get involved in public life, and in the political process. They have worked tirelessly to continue to improve our community, and I would like to for you to join me to applaud them one more time in their efforts in promoting citizenship and specific engagement. Thank you again, Moody High School.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair would like to take this opportunity for an introduction to, or recognition -- If you keep looking the same way, my husband is sitting up there, Len Wooley. Thank you, members. The Chair recognizes Representative Laubenberg to explain House Bill 2788.
REPRESENTATIVE JODIE LAUBENBERG: This will allow fifteen year olds to attempt to consent to donate blood.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 2788? Chair hears none and lays out House Bill 2788. The clerk will read the Bill.
CLERK: H.B. 2788 by Laubenberg. Relating to the donation of blood by persons who are at least 16 years of age.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the final passage of House Bill 2788. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative King of Taylor to explain House Bill 2819.
REPRESENTATIVE KING: Thank you, Madam Speaker and members. House Bill 2819 relates to the operation of the --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection in consideration of House Bill 2819? Chair hears none and lays out House Bill 2819. The clerk will read the bill.
CLERK: H.B. 2819 by King of Taylor. Relating to the operation and efficiency of the eligibility determination process for supplemental nutrition assistance program benefits.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes King of Taylor.
REPRESENTATIVE KING: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the final passage of House Bill 2819 to third reading. Is there any objection? Chair hears none so ordered. Chair recognizes Representative Price to explain House Bill 2917. REPRESENTATIVE WALTER "FOUR" PRICE: Madam Speaker, the Senate Bill is over and eligible.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 2834 is over and eligible. Accordingly, the Chair lays out Senate Bill 1433. The clerk will read the the Bill.
CLERK: S.B. 1433 by Corona. Relating to insurer receivership.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Madam Speaker, this -- is -- technical corrections to eliminate unintended variances from the NAIC model. Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the final passage of Senate Bill 1433 to third reading. Is there any objection? Chair hears none so ordered. Representative Smithee moves to lay House Bill 2834 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair -- Chair recognizes Representative McClendon to explain House Bill 2917.
REPRESENTATIVE RUTH JONES MCCLENDON: This bill is -- for Bexar County for the maintenance, money for roads and bridges.
REPRESENTATIVE BEVERLY WOOLLEY: I'm sorry. Is there objection to consideration of House Bill 2917? Chair hears none and lays out House Bill 2917. The clerk will read the bill.
CLERK: H.B. 2917 by McClendon. Relating to the optional county fee in certain counties for the county road and bridge fund.
REPRESENTATIVE BEVERLY WOOLLEY: The House recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Is there question -- The question occurs on the passage to third reading of House Bill 2917. Is there any objection? Chair hears none so ordered. The Chair recognizes Representative Thompson to explain House Bill 2831 -- excuse me, 2931.
REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this is a bill relating to the certain counties --
UNIDENTIFIED MALE SPEAKER: Madam --
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose Mr. --
REPRESENTATIVE LON BURNAM: I have several questions to ask about this bill and I didn't understand a --
REPRESENTATIVE SENFRONIA THOMPSON: You are not permanent-ed to ask several questions.
REPRESENTATIVE LON BURNAM: Well I know we made up the rules a lot along the way this session but I believe one of the rules that's in place is my opportunity to ask about a local and consent bill that is offered by somebody from Harris County that --
REPRESENTATIVE SENFRONIA THOMPSON: You are reading the rules?
REPRESENTATIVE LON BURNAM: -- that has a really negative impact on my low income, working folks in the City of Fort Worth. And so I have at least twelve minutes of questions I would like to ask you, Chairwoman Thompson, about this loan. And I'll start with this one --
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Burnam , do you intend to speak more than ten minutes, or would you like for me to come down?
REPRESENTATIVE LON BURNAM: I intend to ask at least twelve minutes of worth questions, because this -- we spent two hours on payday loans yesterday and this is at least as important as that. And it has a negative impact on my constituents.
REPRESENTATIVE BEVERLY WOOLLEY: All right. H.B. 2931 is removed from the calendar.
REPRESENTATIVE LON BURNAM: Thank you.
REPRESENTATIVE BEVERLY WOOLLEY: Members, Representative Naishtat withdraws House Bill 2969 from the calendar. The Chair lays out House Bill 3030 -- 3022 on second reading and recognizes Representative Flynn to explain the bill.
REPRESENTATIVE DAN FLYNN: Yes, Madam Speaker, I want to lay House Bill 3022 on the table.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Rodriguez to explain House Bill 3091.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker and members. The Senate Bill 1608 is over and eligible.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3091? Chair hears none, and asks the clerk to read the bill.
CLERK: S.B. 1608 by Corona. Relating to the operation of a motor vehicle without a driver's license; creating an offense.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 3091 is over and eligible. Accordingly, the Chair lays out Senate Bill 1608. The clerk will read the bill. Recognize Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Madam Speaker. This bill relates to operating a motor vehicle without a driver's license. I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 1608. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 3123.
REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this bill harmonizes several federal foster care laws with the state law.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3123? Chair hears none and lays out House Bill 3123. The clerk will read the bill.
CLERK: H.B. 3123 by Thompson. Relating to codifying federal foster care funding requirements to locate and provide information to relatives and other adults following the removal of a child by the Department of Family and Protective Services, and court findings regarding those efforts.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the final passage to third reading of House Bill 3123. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Gonzalez of El Paso to explain House Bill 3172.
REPRESENTATIVE NAOMI GONZALEZ: Thank you, Madam Speaker and members. What this bill does is it allows -- the facilitation of the agreements of protective orders and allows --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection in consideration of House Bill 3172? Chair hears none and lays out House Bill 3172. The clerk will read the bill.
CLERK: H.B. 3172 by Gonzalez of El Paso. Relating to protective orders.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gonzalez of El Paso.
REPRESENTATIVE NAOMI GONZALEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3172. Is there any objection? Chair hears none. so ordered. Chair recognizes Representative Alonzo for an introduction.
REPRESENTATIVE ROBERTO ALONZO: Thank you, Madam Speaker. I would like to recognize an individual that's sitting up in the east gallery. It's a lady from our area of Dallas. Her name is Annie Jones. In fact, I went up to see her. Please welcome her, welcome her. Real quick, quick. Annie Jones is seventy-five years old. In fact, I went up to the gallery because -- and I looked up there and she was really young. And I thought she was seventy-five years old. And I was supposed to welcome her, because currently she resides in the independent living facility with the household assistance and living expenses subsidized by Medicaid. The reason I wanted to bring her to your attention and welcome her to the House. She has worked before and all of a sudden she was faced with a situation. And, as you know, members, right now, the biggest issue among all issues is the budget. She was in the independent facility and with -- she's coming here to let us know that she's concerned about this, because she will -- it would affect her, because our elderly Texans like Ms. Jones will be deserted from doctor visits or withdrawn from Medicaid because they can't sustain -- Again, Ms. Jones, we welcome you seriously to our House. Thank you for coming. Thank you for visiting us. We know that you are keeping your eye on us and we appreciate it. Members, please give her a big round of applause for coming all the way to Austin to be with us. Thank you, members.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gallego for a recognition.
REPRESENTATIVE PETE GALLEGO: Thank you Madam Speaker. Members, it's my pleasure, in the gallery, to introduce a group of kids who are from San Felipe Memorial Middle School in Del Rio, which is the heart of District 74. As I indicated, they are the gifted and talented. They are wearing one of my favorite colors, burnt orange, with the Longhorn logo. And I also would like to introduce their principal, Pablo Ramos, and their gifted and talented coordinator, Angie Frances. Please stand and be welcomed and show off your shirts.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognize Representative Cain to explain House Bill 3199.
REPRESENTATIVE ERWIN CAIN: Thank you, Madam Speaker. Members, this is a clean up bill to reduce -- spending by eliminating gradation --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3199? Chair hears none and lays out House Bill 3199. The clerk will read the bill.
CLERK: H.B. 3199 by Cain. Relating to the repeal of requirements and penalties related to the grading of roses.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Cain.
REPRESENTATIVE ERWIN CAIN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3199. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Madam Speaker. I move to spread H.B. 2635 on the journal.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Madam Speaker, I move to give one hour notice to bring H.B. 2635 back up.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to the request? Chair hears none. So ordered. The Chair recognizes Representative McClendon to explain House Bill 3324.
REPRESENTATIVE RUTH JONES MCCLENDON: This House Bill officially establishes the Texas -- counsel and codifies the policy council standard.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes -- Excuse me. Is there any objection in consideration of House Bill 3324? Chair hears none and lays out House Bill 3324. The clerk will read the bill.
CLERK: H.B. 3324 by McClendon. Relating to the operations and monitoring of fusion centers in this state.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Move adoption.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the question occurs on passage of House Bill 3324 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Smith -- Representative Smith of Harris to explain House Bill 3352.
REPRESENTATIVE SMITH: Thank you, members. This is about a park in Deer Park.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3352? Chair hears none and lays out House Bill 3352. The clerk will read the bill.
CLERK: H.B. 3352 by Smith of Harris. Relating to the sale of park land owned by certain municipalities. Relating to the sale of park land owned by certain municipalities.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Smith of Harris.
REPRESENTATIVE SMITH: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3352. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative King of Taylor to explain House Bill 3371.
REPRESENTATIVE KING: Thank you Madam Speaker and members, House Bill 3371 relates to the exemption of registered dental labs from certain distributing --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3371? Chair hears none and lays out House Bill 3371. The clerk will read the Bill.
CLERK: H.B. 3371 by Kind of Taylor. Relating to the exemption of registered dental laboratories from certain distributing and manufacturing licensing requirements.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative King of Taylor.
REPRESENTATIVE KING: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3371. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Price to explain House Bill 3410. REPRESENTATIVE WALTER "FOUR" PRICE: H.B. 3410 clarifies the existing law related to non payment of premium and -- taxes non -- agents are involved and one of the general and --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3410? Chair hears none and lays out House Bill 3410. The clerk will read the bill.
CLERK: H.B. 3410 by Smithee. Relating to the managing underwriters for surplus lines insurance transactions and to the collection of surplus lines insurance premium taxes for those transactions.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3410. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Lozano to explain House Bill 3422 -- Lozano. Excuse me.
REPRESENTATIVE JOSE MANUEL LOZANO: Thank you Madam Speaker and members. House Bill 3422 is a measure meant to ensure the --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3422? The Chair hears none and lays out House Bill 3422. The clerk will read the bill.
CLERK: H.B. 3422 by Lozano. Relating to the use of auction proceeds from the sale of abandoned motor vehicles, watercraft, or outboard motors to compensate certain property owners.
REPRESENTATIVE BEVERLY WOOLLEY: Following amendment, the clerk will read amendment.
CLERK: Amendment by Lozano.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Looks like this is just a drafting error fix. Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage -- on the adoption of the amendment. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Guillen on House --
REPRESENTATIVE RYAN GUILLEN: H.B. 3423 makes the offenses of making a false report intentional fleeing and taking a weapon from an officer or a --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3422? For what purpose, Mr. Sheffield?
REPRESENTATIVE RALPH SHEFFIELD: Could you explain that amendment again, Ryan? I know this is not your bill, but I do have an issue with the bill, the contents of it. I believe it's, if I read it properly, that property can be seized by sheriff or constable right now -- while the law enforcement without any kid of transparency; is that correct?
REPRESENTATIVE RYAN GUILLEN: It says law enforcement agencies.
REPRESENTATIVE RALPH SHEFFIELD: Represent ative Woolley, I would talk 10 minutes on this bill.
REPRESENTATIVE RYAN GUILLEN: What this amendment does is it strikes Section 2 -- Section --
REPRESENTATIVE RALPH SHEFFIELD: Is that the --
REPRESENTATIVE RYAN GUILLEN: -- the presentation to court of appeal. I know you talked to me about --
REPRESENTATIVE RALPH SHEFFIELD: I know Representative Lozano is not here to do this, but I am going to talk to him a minute.
REPRESENTATIVE RYAN GUILLEN: Okay. Well, let us postpone -- let me postpone until the end of the Local and Consent --
REPRESENTATIVE RALPH SHEFFIELD: That would be much better.
REPRESENTATIVE RYAN GUILLEN: All right.
REPRESENTATIVE RALPH SHEFFIELD: Thank you.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 3423.
REPRESENTATIVE RYAN GUILLEN: Thank you Madam Speaker and members, House Bill 3423 makes the offenses of making a false report intentionally --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3423? Chair hears none and lays out House Bill 3423. The clerk will read the bill.
CLERK: H.B. 3423 by Lozano. Relating to certain criminal offenses committed in relation to a federal special investigator; providing criminal penalty
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3423. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain House Bill 3442. Members, the Senate Companion to House Bill 3442 is over and eligible. Accordingly, the Chair lays out Senate Bill 1241. The clerk will read the bill.
CLERK: S.B. 1241 by Watson. Relating to authorizing certain courts to access information in the juvenile justice information system.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM JACKSON: Members, this Senate Bill simply allows the magistrates to authorize in truancy cases --
REPRESENTATIVE LON BURNAM: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Burnam?
REPRESENTATIVE LON BURNAM: I became confused in the transition. Is he speaking on what was House Bill 3442 and is now Senate Bill 1241?
REPRESENTATIVE BEVERLY WOOLLEY: That's correct.
REPRESENTATIVE LON BURNAM: Thank you.
REPRESENTATIVE JIM JACKSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 1241. Is there any objection? Chair hears none. So ordered. Representative Jackson moves House Bill 3040 on the table subject to call. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Anchia to explain House Bill 3453.
REPRESENTATIVE RAFAEL ANCHIA: Thank you Madam Speaker and members, House Bill 34 53 amends the finance code to give protection to the subject of the investigation by the OCCC, and it allows the information sharing of criminal histories among and between agencies.
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Burnam , for what purpose?
REPRESENTATIVE LON BURNAM: Why did we skip House Bill --
REPRESENTATIVE BEVERLY WOOLLEY: Well, it was an -- it was an accident. The parliamentarian is trying to double duty up here. So --
REPRESENTATIVE LON BURNAM: Sometimes he's done triple and quadruple and I understand. I just got -- Mr. Anchia got up there instead of Mr. Jackson and I got confused.
REPRESENTATIVE BEVERLY WOOLLEY: Sorry members, let us back up and go with -- What we should be doing is asking Representative Jackson to explain House Bill 3443. The Senate Bill is over and eligible to House Bill 3443. Accordingly, the Chair lays out Senate Bill 1242. The clerk will read the Bill.
CLERK: S.B. 1242 by Lozano. Relating to the judicial immunity and powers of certain magistrates.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM JACKSON: Members, this Senate Bill amends the existing --
REPRESENTATIVE LON BURNAM: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Burnam?
REPRESENTATIVE LON BURNAM: I would like to ask chairman Jackson several questions about this bill.
REPRESENTATIVE JIM JACKSON: I will yield.
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Jackson?
REPRESENTATIVE JIM JACKSON: I yield.
REPRESENTATIVE BEVERLY WOOLLEY: Members, let us have a little order so the Speaker can hear.
REPRESENTATIVE LON BURNAM: Can you hear?
REPRESENTATIVE JIM JACKSON: Yes, I can hear.
REPRESENTATIVE LON BURNAM: Okay. Do you recall the only bill I laid out before your committee earlier this session?
REPRESENTATIVE JIM JACKSON: I'm trying to -- I'm sorry, I didn't understand that.
REPRESENTATIVE LON BURNAM: My first question is about the only bill that I laid out before your committee, which raises concern --
REPRESENTATIVE JIM JACKSON: Yes. Yes.
REPRESENTATIVE LON BURNAM: -- about the immunity of elected officials, prosecuting their job; correct?
REPRESENTATIVE JIM JACKSON: I think so.
REPRESENTATIVE LON BURNAM: And this bill is about establishing in law, immunity for certain persons; is that correct?
REPRESENTATIVE JIM JACKSON: Well, probably the district judges' immunity probably extends to magistrates. This just makes certain it does.
REPRESENTATIVE LON BURNAM: So you believe now that the immunity should be extended to magistrates?
REPRESENTATIVE JIM JACKSON: I think probably, if they are acting in a scope of the district judges' authority they probably have immunity, but this just ensures that they do.
REPRESENTATIVE LON BURNAM: Do they have immunity in dealing with truancy cases?
REPRESENTATIVE JIM JACKSON: With what?
REPRESENTATIVE LON BURNAM: Would they then have immunity in dealing with truancy cases?
REPRESENTATIVE JIM JACKSON: Yes. If they are the magistrate of the district judge, this is a family court.
REPRESENTATIVE LON BURNAM: Right. So in the instance of a county like mine --
REPRESENTATIVE JIM JACKSON: I don't think a family court would be -- at least in our county family court doesn't deal with truancy cases.
REPRESENTATIVE LON BURNAM: Okay. Thank you very much.
REPRESENTATIVE JIM JACKSON: Move passage.
THE SPEAKER: Is there any objection to consideration of House Bill 3443? Chair hears none. Is there any objection to consideration of Senate Bill 1241? Chair hears none. All right. Is there any objection to consideration of Senate Bill 1242? Chair hears none. So ordered. The question occurs on the passage of Senate Bill 1242. Is there any objection? Chair hears none. Adopted. Representative Jackson moves to lay House Bill -- on the subject to call. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 3453. Chair recognizes Representative Anchia to explain the bill.
REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mr. Speaker and members, House Bill 34 -- 3453 allows for confidentiality of certain information subject to an investigation of the information from OCCC, and also allows the OCCC to share criminal history with other state agencies. Move passage.
THE SPEAKER: Is there objection to consideration of House Bill 3453? Chair hears none. Chair lays out House Bill 3453. The clerk will read the bill.
CLERK: H.B. 3453 by Anchia. Relating to the regulatory authority of the consumer credit commissioner.
THE SPEAKER: Chair recognizes Representative Anchia.
REPRESENTATIVE RAFAEL ANCHIA: Move passage.
THE SPEAKER: The question occurs on passage of House Bill 3453 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Eiland to explain House Bill 3458.
REPRESENTATIVE CRAIG EILAND: Senate Bill is over and eligible.
THE SPEAKER: Members, the Senate Companion to House Bill 3458 is over and eligible. Accordingly, the Chair lays out House Bill -- Senate Bill 1229. The clerk will read the bill.
CLERK: S.B. 1229 by Eltife. Relating to the registration with the Texas Department of Insurance of certain contract examiners.
THE SPEAKER: Is there any objection to consideration of Senate Bill 1229? Chair hears none. So ordered. Chair lays out Senate Bill 1229. Clerk will read the bill -- Clerk already read the bill. Chair recognizes Representative Eiland.
REPRESENTATIVE CRAIG EILAND: Move passage.
THE SPEAKER: Question occurs on the final passage of Senate Bill 1229 to third reading. Is there any objection? Chair hears none. So ordered. Representative Eiland moves to lay House Bill 2858 on the table subject to call. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Margo to explain House Bill 3462.
REPRESENTATIVE DEE MARGO: (Inaudible).
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3462? Chair hears none and lays out House Bill 3462. The clerk will read bill.
CLERK: H.B. 3462 by Margo. Relating to the board of hospital managers of the El Paso County Hospital District.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Margo.
REPRESENTATIVE DEE MARGO: Move passage.
REPRESENTATIVE CRAIG EILAND: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Eiland ? Do you yield, Mr. Margo?
REPRESENTATIVE DEE MARGO: I yield.
REPRESENTATIVE CRAIG EILAND: Mr. Margo?
REPRESENTATIVE BEVERLY WOOLLEY: Gentleman yields.
REPRESENTATIVE CRAIG EILAND: Do you see Mr. Price up in the gallery behind me?
REPRESENTATIVE DEE MARGO: See who? Yes.
REPRESENTATIVE CRAIG EILAND: Mr. Price?
REPRESENTATIVE DEE MARGO: Yes.
REPRESENTATIVE CRAIG EILAND: -- explain what's going on the House floor to those people up there?
REPRESENTATIVE DEE MARGO: Yes.
REPRESENTATIVE CRAIG EILAND: Do you think he actually knows, as a freshman, what's really going on?
REPRESENTATIVE DEE MARGO: After sitting behind Representative Price for four months I would have to say yes, he does know.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection -- Following amendment, the clerk will read the amendment.
CLERK: Amendment by Margo.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Margo.
REPRESENTATIVE DEE MARGO: There's an amendment that -- which I thought was already on there. It's just -- Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection to adoption of the amendment? Chair hears none. So ordered. The question occurs on passage of House Bill 3262 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Taylor of Colins to recognize -- Let me start over. Taylor of Collins to explain House Bill 3486.
REPRESENTATIVE TAYLOR: House Bill 3486 helps church and rescue dog trainers train their dogs in local --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3486? Chair hears none and lays out House Bill 3486. The clerk will read the bill.
CLERK: H.B. 3486 by Taylor of Collins. Relating to municipal regulation of dogs used for search and rescue or law enforcement purposes.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Taylor of Collins.
REPRESENTATIVE TAYLOR: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3486. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Menendez to explain House Bill 3488.
REPRESENTATIVE JOSE MENENDEZ: Thank you Madam Speaker and members, House Bill 3488 requires that in order for the a property to be eligible for and exemption based --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3488? Chair hears none and lays out House Bill 3488. The clerk will read the bill.
CLERK: H.B. 3488 by Menendez. Relating to the requirements for demonstrating eligibility for an ad valorem tax exemption for the residence homestead of an elderly or disabled person.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3488. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Lucio to lay out House Bill 3460, or to explain House Bill 3460. REPRESENTATIVE EDDIE LUCIO, III: Thank you, Madam Chair. This would add a member or a Representative from the Brownsville -- to the board of trade advisory.
REPRESENTATIVE BEVERLY WOOLLEY: Members, there's a Senate Companion to House Bill 3560 is over and eligible. Accordingly, the Chair lays out Senate Bill 816. The clerk will read the bill.
CLERK: S.B. 816 by Lucio. Relating to the appointment and recommendations of the Border Trade Advisory Committee.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Lucio. REPRESENTATIVE EDDIE LUCIO, III: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 816. Is there any objection? Chair hears none. So ordered. Representative Lucio moves to lay House Bill 3560 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gonzales of Williamson to explain House Bill 3578.
REPRESENTATIVE GONZALES: Thank you Madam Chair. House Bill 3578 adds textbooks to the list of eligible -- for college students to get an emergency loans.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3578? Chair hears none and lays out House Bill 3578. The clerk will read the bill.
CLERK: H.B. 3578 by Gonzales of Williamson. Relating to clarification of the authorized uses for loans under public institution of higher education emergency loan programs.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gonzales of Williamson.
REPRESENTATIVE GONZALES: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3578. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Gonzales of Williamson to explain House Bill 3579.
REPRESENTATIVE GONZALES: Thank you, Madam Chair. House Bill 3579 allows the Texas Higher Education Coordinating Board to apply physican --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3579? Chair hears none and lays out House Bill 3579. The clerk will read the Bill.
CLERK: H.B. 3579 by Gonzales of Williamson. Relating to repayment assistance for certain physician education loans.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gonzales of Williamson.
REPRESENTATIVE GONZALES: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3579. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Frullo to explain House Bill 3580.
REPRESENTATIVE JOHN FRULLO: Members, Madam Speaker, this is a specialty license plate for the disabled veterans.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3580. Chair hears none and lays out House Bill 3580. The clerk will read the Bill.
CLERK: H.B. 3580 by Frullo. Relating to the issuance of specialty license plates for surviving spouses of disabled veterans of the United States armed forces.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Frullo.
REPRESENTATIVE JOHN FRULLO: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3580. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Hancock to explain House Bill 3589.
REPRESENTATIVE KELLY HANCOCK: 3589 allows for an additional fifteen days in -- of catastrophe.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3589? Chair hears none and lays out House Bill 3589. The clerk will read the bill.
CLERK: H.B. 3589 by Hancock. Relating to claim-handling deadlines in the event of certain weather-related catastrophes or natural disasters.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hancock.
REPRESENTATIVE KELLY HANCOCK: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3589. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Howard of Travis to explain House Bill 3591.
REPRESENTATIVE DONNA HOWARD: Senate Bill 1327, Senate Companion is over and eligible.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 3591 is over and eligible. Accordingly, the Chair lays out Senate Bill 1327. The clerk will read the bill.
CLERK: S.B. 1327 by Watson. Relating to the confidentiality of information obtained by a compliance office of an institution of higher education.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Howard of Travis.
REPRESENTATIVE DONNA HOWARD: Thank you Madam Speaker and members. Senate Bill 1327 clarifies the information developed in the compliance and investigation in the institution of higher ed making sure it is appropriate and enforcement agencies -- the -- investigators and review --
REPRESENTATIVE BEVERLY WOOLLEY: The question --
REPRESENTATIVE DONNA HOWARD: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of Senate Bill 1327. Is there any objection? Chair hears none. So ordered. Representative Howard of Travis moves to lay House Bill 3589 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 3597 and calls on Representative Larson to explain the bill.
REPRESENTATIVE LYLE LARSON: Thank you Madam Speaker and members, this is a Bexar County bracket bill dealing with a public improvement district.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of House Bill 3597? Chair hears none and lays out House Bill 3597. The clerk will read the Bill.
CLERK: H.B. 3597 by Larson. Relating to the powers and duties of certain public improvement districts operated by counties.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Larson.
REPRESENTATIVE LYLE LARSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3597. Is there any objection? Chair hears none. So ordered. Chair calls on Representative Truitt to explain House Bill 3611.
REPRESENTATIVE VICKI TRUITT: Thank you Madam Speaker and members, this bill codifies certain practices relating to administration of medications to persons --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration House Bill 3611? Chair hears none and lays out House Bill 3611. The clerk will read the bill.
CLERK: H.B. 3611 by Truitt. Relating to the administration of medication for persons with intellectual and developmental disabilities.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: There is an amendment.
REPRESENTATIVE BEVERLY WOOLLEY: Following amendment, the clerk will read the amendment.
CLERK: Amendment by Truitt.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Truitt to explain the amendment.
REPRESENTATIVE VICKI TRUITT: Okay. This amendment just corrects a couple of minor --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to adoption of the amendment? The Chair hears none. So ordered. Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on the passage to third reading of House Bill 3611. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gallego to explain House Bill 3696.
REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. House Bill 3696 relates to the current jurisdiction and federal jurisdiction over municipality of the national parks of --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3696? Chair hears none and lays out House Bill 3696. The clerk will read the bill.
CLERK: H.B. 3696 by Gallego. Relating to concurrent state and federal jurisdiction over units of the national park system in this state.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3696. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Miller of -- to explain House Bill 3699. Representative Miller moves to postpone House Bill 3699 until the end of the calendar, until we find the Senate Bill. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Howard of Fort Bend to explain House Bill 3812.
REPRESENTATIVE CHARLIE HOWARD: This is a redistricting development district for Sugarland and property --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration House Bill 3812. Chair hears none and lays out House Bill 3812. The clerk will read the bill.
CLERK: H.B. 3812 by Howard of Fort Bend. Relating to the powers and duties of the Imperial Redevelopment District; providing authority to impose a tax and issue bonds.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Howard of Fort Bend.
REPRESENTATIVE CHARLIE HOWARD: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 3812 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Ms. Allen for a recognition.
REPRESENTATIVE ALMA ALLEN: Madam Speaker and members, I wanted to introduce to you this morning somebody who is very special, near and dear to my heart, from Houston, Texas. In the gallery, if you'll stand? I would like to introduce Bonita Lavey*, and her son, Marcel Lavey*. Would you please stand? Would you please stand? Many of you know that I lost my husband to diabetes last month, and so the diabetics program is just very, very special to me. Too often on the floor we have abstract policies and debates that make it easy to ignore the real Texans behind the numbers that we talk about. But today I want you to look at a real Texan that will feel the real consequences of the decisions some members have made to cut the funding for Medicare providers' rates. Marcel has juvenile diabetes and he needs CHIPS to properly manage his disease. Without it, his unmanaged diabetes would cost millions of communities and have devastating consequences on Marcel's health. Untreated, diabetes causes blindness, circulation and nerve damage, amputation, cardio vascular disease, renal failure and gastro-intestinal problems and even death. But CHIPS, because of CHIPS services, Marcel's health is thriving. The House budget includes 10 percent reductions to doctors and dentists that treat children covered with CHIPS and Medicaid, provide -- the budget cut actually amounts to a 30 percent loss in revenue, and then -- will lose billions of dollars in financial support. Give Marcel and his mother a great big hand as they fight with the disease, diabetes disease. Give them a great big welcome. Thank you.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Phillips for an introduction.
REPRESENTATIVE LARRY PHILLIPS: Thank you members and Madam Speaker. I just want to recognize Turner Colston over here, he is a page, and his mother is the teacher from (inaudible) Glendale ISD, waving up there. Thank y'all for coming to your Capitol today. Thanks for helping out.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Hamilton for an introduction.
REPRESENTATIVE MIKE HAMILTON: Thank you, Madam Speaker. I would like to introduce two folks. First of all, my brother, Blane, he is a deputy constable up there in Representative Isaac's district, in Hays County. And the mom, my mother, that brought me here and everything else, Carrie Hamilton. Y'all stand up and welcome to the House.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Isaac to explain House Bill 3813.
REPRESENTATIVE JASON ISAAC: Thank you Madam Speaker, members, House Bill 3813 converts --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3813? Chair hears none and lays out House Bill 3813. The clerk will read the bill.
CLERK: H.B. 3813 by Isaac. Relating to the Hudson Ranch Fresh Water Supply District No. 1.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Isaac.
REPRESENTATIVE JASON ISAAC: What he said and move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage to third reading of House Bill 3813. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Phillips to explain House Bill 3825.
REPRESENTATIVE LARRY PHILLIPS: Members, this is regarding to -- the --
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 3830 -- 3825 is over and eligible. Accordingly, Chair lays out Senate Bill 1886. The clerk will read the bill.
CLERK: S.B. 1886 by Deuell. Relating to the Fannin County Juvenile Board.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 1886. Is there any objection? Chair hears none. So ordered. Representative Phillips moves to lay House Bill 3825 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Anderson of McClendon to explain House Bill 3829. REPRESENTATIVE CHARLES "DOC" ANDERSON: Th ank you, Madam Speaker. This is a bill from McClendon county that helps troubled youths.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3829? Chair hears none and lays out House Bill 3829 the clerk will read the Bill.
CLERK: H.B. 3829 by Anderson of McClendon. Elating to gifts and donations to the McLennan County Juvenile Board.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Anderson of McClendon. REPRESENTATIVE CHARLES "DOC" ANDERSON: Mo ve passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3829. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Isaac to explain House Bill 3837.
REPRESENTATIVE JASON ISAAC: Thank you Madam Speaker and members, this bill designates a portion of 183 in Caldwell County as the Corporal Jason K. LaFleur Memorial Highway.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection of consideration of 3837. Chair hears none and lays out House Bill 3837. The clerk will read the bill.
CLERK: H.B. 3837 by Isaac. Relating to the designation of a portion of U.S. Highway 183 as the Cpl. Jason K. LaFleur Memorial Highway.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Isaac.
REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. This is a great way to memorialize a fallen soldier. I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of House Bill 3837. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Farias for an introduction.
REPRESENTATIVE JOE FARIAS: Madam Speaker and members, there's a group of students in the north side of the Capitol who are in Tray Martinez's district, and I would like to recognize them for the representative. The Young Women's Leadership Academy, and they are -- it is Tray's district. Two blocks from his house, is what he's telling me, and the Young Women's Leadership Academy has earned an exemplary campus status for 2008-2009, and the 2009-2010 school year. Please help me welcome the school from Tray's district, and welcome to the House of Representatives.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair calls on Representative Parker to explain House Bill 3840.
REPRESENTATIVE TAN PARKER: Thank you, Madam Speaker. This bill simply -- the deadlines for the MUD Number 2 for Denton County --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3840. Chair hears none and lays out House Bill 3840. The clerk will read the bill.
CLERK: H.B. 3840 by Parker. Relating to the extension of the deadline for holding the confirmation and initial directors' election of the Tradition Municipal Utility District No. 2 of Denton County.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Parker.
REPRESENTATIVE TAN PARKER: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3840. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Martinez to explain House Bill 3841.
REPRESENTATIVE MARTINEZ: Thank you Madam Speaker and members, this would be a designation of the
(inaudible)I road.
REPRESENTATIVE BEVERLY WOOLLEY: Chair -- Is there any objection to consideration of House Bill 3840? Chair hears none and lays out House Bill 3841. The clerk will read the bill.
CLERK: H.B. 3841 by Martinez. Relating to the designation of a portion of Farm-to-Market Road 907 in Hidalgo County as Rudy Villarreal Road.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Martinez.
REPRESENTATIVE MARTINEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3841. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Callegari to explain House Bill 3842.
REPRESENTATIVE BILL CALLEGARI: Members, this bill creates a professional management district.
REPRESENTATIVE JESSICA FARRAR: Madam Speaker --
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose Representative Farrar?
REPRESENTATIVE JESSICA FARRAR: Would the gentleman yield for some questions, please?
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Calle gari, do you yield?
REPRESENTATIVE JESSICA FARRAR: Mr. Calleg ari, could you read aloud Section 49? It's on your bill. You might want to follow. It's on -- bill.
REPRESENTATIVE BILL CALLEGARI: Section what is it again?
REPRESENTATIVE JESSICA FARRAR: Section 3901.
REPRESENTATIVE BILL CALLEGARI: On what page?
REPRESENTATIVE JESSICA FARRAR: It's between page 4 and page 5. 39.1.08.
REPRESENTATIVE BILL CALLEGARI: Eligibility -- special zones in and all part of the area of the districts to be included in -- (INAUDIBLE) reinvestment zone created in Chapter 311 tax code a tax abatement reinvestment zone created in the tax code in the enterprise zone created under taxes Chapter 2203. Government code or industrial industry created in Chapter 42 of the -- code.
REPRESENTATIVE JESSICA FARRAR: Okay. I'm familiar with these management districts, I passed one myself. Do you believe that this management district will create a new tax to pay for the services that will be provide in that area?
REPRESENTATIVE BILL CALLEGARI: Yes.
REPRESENTATIVE JESSICA FARRAR: And you don't have any idea how many businesses -- and I assume it would be like the other businesses that are taxed, correct?
REPRESENTATIVE BILL CALLEGARI: I don't know of any businesses. There are no business right now.
REPRESENTATIVE JESSICA FARRAR: Pardon me?
REPRESENTATIVE BILL CALLEGARI: There are no businesses there in the new district.
REPRESENTATIVE JESSICA FARRAR: Okay. So who --
REPRESENTATIVE BILL CALLEGARI: Do what?
REPRESENTATIVE JESSICA FARRAR: Who will the tax be assessed on to?
REPRESENTATIVE BILL CALLEGARI: That will be in the district.
REPRESENTATIVE JESSICA FARRAR: That will be in there? Okay. Okay. And you don't -- the residents are not taxed but most management -- right?
REPRESENTATIVE BILL CALLEGARI: The residents are not taxed.
REPRESENTATIVE JESSICA FARRAR: Will the businesses that will be in the area be allowed to decide whether or not to be taxed by the management district?
REPRESENTATIVE BILL CALLEGARI: I don't think so. I don't recall.
REPRESENTATIVE JESSICA FARRAR: I'm just --
REPRESENTATIVE BILL CALLEGARI: -- stand in the district. It's been formed numerous times during this session and previous districts --
REPRESENTATIVE JESSICA FARRAR: Right.
REPRESENTATIVE BILL CALLEGARI: -- previous sessions.
REPRESENTATIVE JESSICA FARRAR: Right. And I understand that this is the position of the republican party that no new taxes will be raised in this session?
REPRESENTATIVE BILL CALLEGARI: Maybe.
REPRESENTATIVE JESSICA FARRAR: And this perhaps goes against that?
REPRESENTATIVE BILL CALLEGARI: Yes, it does.
REPRESENTATIVE JESSICA FARRAR: Yes, it does? Okay. Madam Speaker, I move that this exchange be reduced to writing and included in the journal, please.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? So ordered.
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose Mr. --
UNIDENTIFIED MALE SPEAKER: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Callegari?
REPRESENTATIVE BILL CALLEGARI: Yes.
UNIDENTIFIED MALE SPEAKER: I just want to clarify that you said that there are no businesses in the district now?
REPRESENTATIVE BILL CALLEGARI: Right.
UNIDENTIFIED MALE SPEAKER: So there is no businesses paying tax in this district?
REPRESENTATIVE BILL CALLEGARI: That's right.
UNIDENTIFIED MALE SPEAKER: Thank you.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 38 -- 0 -- Is there any objection to consideration of House Bill 3842? Chair hears none and lays out House Bill 3842 --
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Weber?
REPRESENTATIVE RANDY WEBER: Could we get that last exchange between me, Jason Isaac and Bill Callegari in the record, please?
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE RANDY WEBER: Thank you.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair lays out House Bill 3842. The clerk will read the the Bill.
CLERK: H.B. 3842 by Callegari. Relating to the creation of the Bridgeland Management District; providing authority to levy an assessment, impose a tax, and issue bonds.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Callegari. Amendment, the following amendment. Clerk will read amendment.
CLERK: Amendment by Callegari.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: This amendment eliminates the provision to provide firefighter emergency districts, because there's already one. And it eliminates the maximum tax. I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to the adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of House Bill 3842 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 3843.
REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this is a this is a bill that allows the MUD district --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3843? The Chair hears none and lays out House Bill 3843. The clerk will read the bill.
CLERK: H.B. 3843 by Thompson. Relating to excluding certain territory from the Harris County Road Improvement District No. 2.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of House Bill 3843 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Hunter for a motion.
REPRESENTATIVE TODD HUNTER: Madam Speaker and members, I would ask for permission for the Committee on Calendars to meet while the House is in session at noon today, May 13, place 3W9; to consider a Senate Calendar.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. Excuse me.
REPRESENTATIVE TODD HUNTER: The correction is to make sure that you understand that it is just a calendar, but it's that time of the year.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcement The clerk will read the announcement.
CLERK: The Committee on Calendars will meet at noon on May the 13th, 2011, at 3W.9. This will be a formal meeting to consider a calendar.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Aycock to explain House Bill 3844.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: T hank you, Madam Speaker. This bill establishes the magistrate court in Burnet County, Texas.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3844? Chair hears none and lays out House Bill 3844. The clerk will read the bill.
CLERK: H.B. 3844 by Aycock. Relating elating to the creation of criminal law magistrates for Burnet County.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Aycock.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: M ove passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of House Bill 3844 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Sheffield to explain House Bill 3845.
REPRESENTATIVE RALPH SHEFFIELD: 3845 amends the code to allow additional powers for CLL MUD District Number 1.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration --
REPRESENTATIVE JESSICA FARRAR: Ms. Speake r?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Ms. Farrar?
REPRESENTATIVE JESSICA FARRAR: I just want to ask the gentleman a few questions.
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Sheff ield, do you yield?
REPRESENTATIVE RALPH SHEFFIELD: Yes.
REPRESENTATIVE JESSICA FARRAR: Mr. Sheffi eld, for clarification, does this bill impose a fee or a tax?
REPRESENTATIVE RALPH SHEFFIELD: It's a brand-new MUD district, it probably is about fifteen years down the road and the people that will be imposed a tax will know that the tax is there when they move into it.
REPRESENTATIVE JESSICA FARRAR: Right. So it does?
REPRESENTATIVE RALPH SHEFFIELD: Yes.
REPRESENTATIVE JESSICA FARRAR: Okay. And -- half of the republican agenda said that there will be no new taxes raised?
REPRESENTATIVE RALPH SHEFFIELD: I'm not imposing new taxes on anybody.
REPRESENTATIVE JESSICA FARRAR: Well, I'm just saying does this conflict with that position?
REPRESENTATIVE RALPH SHEFFIELD: I don't believe it does.
REPRESENTATIVE JESSICA FARRAR: Interesting . Okay, how would the proceeds of this tax be directed?
REPRESENTATIVE RALPH SHEFFIELD: It shall be directed for roads and everything else, services like --
REPRESENTATIVE JESSICA FARRAR: So the assessment will pay for services? Madam Speaker, I ask that our comments be reduced to writing and placed into the record, please.
REPRESENTATIVE RALPH SHEFFIELD: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Weber?
REPRESENTATIVE RANDY WEBER: Would the gentleman yield for questions?
REPRESENTATIVE BEVERLY WOOLLEY: Would you yield, Mr. Sheffield?
REPRESENTATIVE RALPH SHEFFIELD: Yes.
REPRESENTATIVE RANDY WEBER: Mr. Sheffield , on this district, these -- this is a district of local control, where people actually meet, they elect a board of directors?
REPRESENTATIVE RALPH SHEFFIELD: I'm sorry?
(INAUDIBLE)
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3845? Chair hears none and lays out House Bill 3845. The clerk will read the bill.
CLERK: H.B. 3845 by Sheffield. Relating to the powers of the CLL Municipal Utility District No. 1; providing authority to levy an assessment, impose a tax, and issue bonds.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Sheffield. Mr. Weber, do you have a question?
REPRESENTATIVE RANDY WEBER: I do.
REPRESENTATIVE BEVERLY WOOLLEY: Would the gentleman yield?
REPRESENTATIVE RALPH SHEFFIELD: Yes, I do.
REPRESENTATIVE RANDY WEBER: Ralph, this is about local control of the growing area where they elect a board of directors and they decide they will actually choose their tax rates, is it not?
REPRESENTATIVE RALPH SHEFFIELD: Yes, it is.
REPRESENTATIVE RANDY WEBER: Thank you. Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Weber?
REPRESENTATIVE RANDY WEBER: I would like to get those comments in writing and placed in the journal.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose Mr. --
REPRESENTATIVE JASON ISAAC: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Sheffield?
REPRESENTATIVE RALPH SHEFFIELD: Yes.
REPRESENTATIVE JASON ISAAC: Do you believe --
REPRESENTATIVE BEVERLY WOOLLEY: Gentleman yields.
REPRESENTATIVE JASON ISAAC: Do you believe these MUD districts that is are, again, local control, people have a hundred percent compliance with knowing their tax -- tax. But a lot of these MUDs they put in waste water systems. Are you aware of that?
REPRESENTATIVE RALPH SHEFFIELD: Correct.
REPRESENTATIVE JASON ISAAC: Do you believe that those waste water systems are more environmentally friendly than people putting in septic systems?
REPRESENTATIVE RALPH SHEFFIELD: Well certainly they are.
REPRESENTATIVE JASON ISAAC: Thank you, very much. I appreciate it. I would appreciate if this was reduced to writing and put in the journal as well.
REPRESENTATIVE BEVERLY WOOLLEY: You've heard the motion. Is there any objection. Chair hears none. So ordered. The question occurs on -- the question occurs on passage to third reading of House Bill 3845. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Taylor of Galveston. Chair recognizes Representative Taylor of Galveston.
REPRESENTATIVE TAYLOR: House Bill 3849 provides Galveston county MUD the authority to establish --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3849? Chair hears none and lays out House Bill 3849. The clerk will read bill.
CLERK: H.B. 3849 by Taylor of Galveston. Relating to the powers and duties of the Galveston County Municipal Utility District No. 6.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Taylor of Galveston.
REPRESENTATIVE TAYLOR: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3849. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Darby to explain House Bill 3852.
REPRESENTATIVE DREW DARBY: This bill simply creates a -- Municipal Management District Number 1.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3852? Chair hears none and lays out House Bill 3852. The clerk will read the bill.
CLERK: H.B. 3852 by Pitts. Relating to the creation of the Midlothian Municipal Management District No. 2; providing authority to impose a tax, levy an assessment, and issue bonds.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Darby.
REPRESENTATIVE DREW DARBY: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3852. Is there any objection? Chair hears none. So ordered. Chair lays out -- calls on Representative Naishtat to explain House Bill 3856.
REPRESENTATIVE ELLIOTT NAISHTAT: This concerns the Travis County Criminal Law Magistrate.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3856? Chair hears none and lays out House Bill 3856. The clerk will read the bill.
CLERK: H.B. 3856 by Naishtat. Relating to the proceedings that may be referred to and the powers of a criminal law magistrate in Travis County.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Naishtat.
REPRESENTATIVE ELLIOTT NAISHTAT: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3856. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain House Bill 3858.
REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, this represents the -- the -- District of criminal court of law in Harris County.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration to House Bill 3858. The Chair hears none and lays out House Bill 3858. The clerk will read the bill.
CLERK: H.B. 3858 by Thompson. Relating to the jurisdiction of a county criminal court at law in Harris County.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of House Bill 3858. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Laubenberg to explain House Bill 3859.
REPRESENTATIVE JODIE LAUBENBERG: This creates a new subdivision in my district.
REPRESENTATIVE VICKI TRUITT: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Ms. Truitt?
REPRESENTATIVE VICKI TRUITT: Would the gentle lady yield?
REPRESENTATIVE JODIE LAUBENBERG: Yes.
REPRESENTATIVE VICKI TRUITT: Representati ve Laubenberg --
REPRESENTATIVE BEVERLY WOOLLEY: Gentle lady yields.
REPRESENTATIVE VICKI TRUITT: Representati ve Laubenberg, what is the MUD?
REPRESENTATIVE JODIE LAUBENBERG: A municipal utility district.
REPRESENTATIVE VICKI TRUITT: And is that a governmental entity?
REPRESENTATIVE JODIE LAUBENBERG: Yes -- this is actually the municipal management district, sort of a morph between --
REPRESENTATIVE VICKI TRUITT: Right. So your bill mentions the creation of this governmental district. So with the passage of your bill would the government grow?
REPRESENTATIVE JODIE LAUBENBERG: Will government grow? The economy will grow, because there's going to be developers building homes and --
REPRESENTATIVE VICKI TRUITT: Your bill is 45 pages long, isn't it?
REPRESENTATIVE JODIE LAUBENBERG: Because it's the -- meets and bounds, sets a lot of it. It's in the bill.
REPRESENTATIVE VICKI TRUITT: It's 45 pages long, doesn't that sound like a lot of new government growth and regulation, to you?
REPRESENTATIVE JODIE LAUBENBERG: Actually , if you look at it, if you look at it -- Let us see. It is describing what the development will look like and do. And, actually, there are a lot of restrictions --
REPRESENTATIVE VICKI TRUITT: (Inaudible) the power of eminent domain?
REPRESENTATIVE JODIE LAUBENBERG: They do not have eminent domain.
REPRESENTATIVE VICKI TRUITT: Pardon?
REPRESENTATIVE JODIE LAUBENBERG: They do not have eminent domain in this.
REPRESENTATIVE VICKI TRUITT: Section 3902.114.
REPRESENTATIVE JODIE LAUBENBERG: Section 39 -- Hold on. What page is that on? What did you say? Section 39 --?
REPRESENTATIVE VICKI TRUITT: 3902.114.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration --
REPRESENTATIVE VICKI TRUITT: Ms. Laubenberg, do you think that hypocrisy ever rears its ugly head on this floor?
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3859? Chair hears none and lays out House Bill 3859. The clerk will read the Bill.
CLERK: H.B. 3859 by Laubenberg. Relating to the creation of the Club Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of House Bill 3859 to third reading. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Craddick to explain House Bill 3861.
REPRESENTATIVE LON BURNAM: Parliamentary inquiry.
REPRESENTATIVE BEVERLY WOOLLEY: State your inquiry.
REPRESENTATIVE LON BURNAM: How many tax bills and government growth bills have we passed this morning on local and consent?
REPRESENTATIVE BEVERLY WOOLLEY: Chair is not advised, Mr. Burnam.
REPRESENTATIVE LON BURNAM: Is it three or five?
REPRESENTATIVE BEVERLY WOOLLEY: The Chair is not advised.
REPRESENTATIVE LON BURNAM: And how many did we kill that were offered by Democrats during the course of the legislative session?
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Burnam , the Chair is not advised.
REPRESENTATIVE LON BURNAM: Was it three or five?
REPRESENTATIVE BEVERLY WOOLLEY: Represent ative Burnam, a proper parliamentary inquiry deals with a pending order of business before us.
REPRESENTATIVE LON BURNAM: I'm sorry I wasn't proper, but I think I made my point.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Craddick.
REPRESENTATIVE TOM CRADDICK: Mr. Speaker and members, this MUD district in Midland County -- this solves where south Midland doesn't have any water and this allows --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3861? Chair hears none and lays out House Bill 3861. The clerk will read the the Bill.
CLERK: H.B. 3861 by Craddick. Relating to the creation of the Midland County Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Craddick.
REPRESENTATIVE TOM CRADDICK: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question -- The following amendment, The clerk will read the amendment.
CLERK: Amendment by Craddick.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Craddick to explain the amendment.
REPRESENTATIVE TOM CRADDICK: Mrs. Speaker and members, the amendment, all the amendment does, we have the counsel drafted. I move adoption of the amendment.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of the amendment? The Chair hears none. So moved. Chair recognizes Representative Craddick.
REPRESENTATIVE TOM CRADDICK: I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of Senate Bill -- House bill 3861. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Smith of Harris to explain House Bill 3862.
REPRESENTATIVE SMITH: Thank you, Madam Speaker, members, this is an extension of time for the Harris County MUD Number 510 in Baytown next to the jurisdiction.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3862. Chair hears none and lays out House Bill 3862. The clerk will read the Bill.
CLERK: H.B. 3862 by Smith of Harris. Relating to temporary directors and the continuation in existence of the Harris County Municipal Utility District No. 510.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Smith of Harris.
REPRESENTATIVE BILL CALLEGARI: Madam Speaker --
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Callegari?
REPRESENTATIVE BILL CALLEGARI: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Representative Smith?
REPRESENTATIVE SMITH: Yes.
REPRESENTATIVE BEVERLY WOOLLEY: The gentleman yields.
REPRESENTATIVE BILL CALLEGARI: Mr. Smith, just a couple of questions. I know you are quite familiar with the water districts, MUD districts and management districts. Can you explain very briefly as to how they work and the tax implications of those? For instance, are you aware that in every MUD district there is a board of directors that functions very much like a city council that makes decisions that -- any issues related to tax or other issues in that district?
REPRESENTATIVE SMITH: Yes, I am aware of that.
REPRESENTATIVE BILL CALLEGARI: And are you aware also that the citizens of that district are able to elect people to that board of directors, just as they would a mayor or a city counsel of the city, and those people duly represent the people just like we do?
REPRESENTATIVE SMITH: That's correct. There's five on the water board and they are elected by the people that are in that water district.
REPRESENTATIVE BILL CALLEGARI: And are you aware that local -- that water districts are the probably the best example of the local control of any other governmental entity that we have, the fact that people on the board are -- see and talk to their neighbors on a day to day basis.
REPRESENTATIVE SMITH: The people that are on the board are users in generally a more compact area than they represent, but they are water users and the sewer users and they are rate payers, and they hire the folks that operate the plant, the folks that design the plant and -- the folks that accept the taxes. I mean it's just as local as you can get, and it's like a small city.
REPRESENTATIVE BILL CALLEGARI: And are you aware that the people that live in the district, know that when they buy a home or a property, or properties, that they live in the district, and there will be a tax just like when they move into the city, they know they will be taxed?
REPRESENTATIVE SMITH: Yes. And oftentimes --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of House Bill 3862?
REPRESENTATIVE SMITH: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Chair hears none. And lays -- lays out House Bill 3862. The clerk will read the bill.
CLERK: H.B. 3862 by Smith of Harris. Relating to temporary directors and the continuation in existence of the Harris County Municipal Utility District No. 510.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Smith of Harris.
REPRESENTATIVE SMITH: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of House Bill 3862. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Flynn to explain H.C.R. 55.
REPRESENTATIVE DAN FLYNN: Yes, ma'am. Thank you, Madam Speaker. This resolution honors the -- day.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of H.C.R. 55? Chair hears none and lays out House Bill -- House Concurrent Resolution 55.
CLERK: H.C.R. 55 by Flynn. Designating Canton as the official Home of the World Famous First Monday Trade Days.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Flynn.
REPRESENTATIVE RANDY WEBER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Weber?
REPRESENTATIVE RANDY WEBER: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Flynn?
REPRESENTATIVE DAN FLYNN: Yes, madam Speaker, I do.
REPRESENTATIVE BEVERLY WOOLLEY: Gentleman yields.
REPRESENTATIVE RANDY WEBER: Yeah, Dan, I've always been fascinated about trade days at Canton, is Canton in your district?
REPRESENTATIVE DAN FLYNN: Absolutely. It's the county seat the county. And anyone that has not attended the first Monday trade days, they really missed a part of their lives. It's an incredible opportunity. Been located in the same place for over -- early in the 1800s is when it was created.
REPRESENTATIVE RANDY WEBER: And they call it first Mondays?
REPRESENTATIVE DAN FLYNN: Yes.
REPRESENTATIVE RANDY WEBER: How did they get that name?
REPRESENTATIVE DAN FLYNN: Well it's really unique. We started on Thursday. And we go from Thursday to Friday, Saturday, Sunday; and then we go home on Monday. And this is a kind of unique, because the city of Canton really becomes about the fifth or sixth or maybe the seventh or eighth largest city in Texas once a month; because we have between four hundred an fifty to five hundred thousand people that come and enjoy all of the trade day. And I was just talking to Representative Morrison, and she said that she never been there, and we are sure to invite her and all the other members.
REPRESENTATIVE RANDY WEBER: And could you tell us exactly what and where these people come to Canton?
REPRESENTATIVE DAN FLYNN: They come to shop from all over the -- all over the world, really, from all over the United States. There is as many as seventy thousand booths that come in and set up every month.
REPRESENTATIVE RANDY WEBER: And do they stay in hotels or -- How does it work?
REPRESENTATIVE DAN FLYNN: That's why we encourage for you all to come, because we would love you to come to enjoy our hotels and all of the amenities that we have around the first --
REPRESENTATIVE RANDY WEBER: And what is the population of the Angelina? Is it Angelina?
REPRESENTATIVE DAN FLYNN: No, no, no, no. It's Van Den County and the city of Canton, where it is located, has a population of five thousand people. And that's why it's so unique, because it will grow to four or five hundred thousand people each first Monday.
REPRESENTATIVE RANDY WEBER: Would you say that it's kind of a rustic setting, deep in the heart of Texas?
REPRESENTATIVE DAN FLYNN: Well, it's more of the northeast Texas. But it is rustic.
REPRESENTATIVE RANDY WEBER: And Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Weber?
REPRESENTATIVE RANDY WEBER: We are still -- I'm still trying to get my arms about exactly how this works. This is very important to me.
REPRESENTATIVE BEVERLY WOOLLEY: Do you expect --
REPRESENTATIVE RANDY WEBER: No, ma'am I do not but I, I'm trying to glean some knowledge from my senior rep. here. And Dan, --
REPRESENTATIVE BEVERLY WOOLLEY: Continue, Mr. Flynn.
REPRESENTATIVE RANDY WEBER: Thank you. Dan, in Canton, Texas, that's on Highway 19; is it not?
REPRESENTATIVE DAN FLYNN: It's on Highway 19 and Interstate 20.
REPRESENTATIVE RANDY WEBER: And Interstate 20 --
REPRESENTATIVE DAN FLYNN: Yes.
REPRESENTATIVE RANDY WEBER: And -- weather is always great and --
REPRESENTATIVE DAN FLYNN: Absolutely. There's nothing better than the weather in east Texas.
REPRESENTATIVE RANDY WEBER: And everything is going well? Okay. Thank you, Dan, I appreciate that.
REPRESENTATIVE DAN FLYNN: I move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of H.C.R. 55. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Darby to explain H.C.R. 83.
REPRESENTATIVE DREW DARBY: Members, Chairman -- simply redesignated the Lake Whitney area, the getaway capital of Texas.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of H.C.R. 83? Chair hears none and lays out H.C.R. 83. The clerk will read the bill.
CLERK: H.C.R. 83 by Pitts. Redesignating the Lake Whitney area as the Getaway Capital of Texas.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Darby.
REPRESENTATIVE DREW DARBY: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of H.C.R. 83. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Cain to explain H.C.R. 84.
REPRESENTATIVE ERWIN CAIN: Madam Speaker and members, this resolution designates --
REPRESENTATIVE DAVIS: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: Ms. Davis , for what purpose?
REPRESENTATIVE DAVIS: Would the gentleman yield for questions?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield for some questions Mr. Cain?
REPRESENTATIVE ERWIN CAIN: I'll yield for questions.
REPRESENTATIVE DAVIS: Thank you. Representative Cain, what is 42?
REPRESENTATIVE ERWIN CAIN: You know I will be happy to explain that in --
REPRESENTATIVE DAVIS: I'm sorry?
REPRESENTATIVE ERWIN CAIN: I would be happy to explain that question in rhyme. In a poem.
REPRESENTATIVE DAVIS: Okay.
REPRESENTATIVE ERWIN CAIN: In the little town of Garner, on the West Texas plains, it was common for farmers and ranchers to indulge in questionable gain. Two such young country Baptists, with parents being pious and devout, who frowned on the card game whist, devised a new game lest they be found out. Using double six dominoes in 1887, they created this game -- fell straight from heaven, our blessed 42 with now such wide acclaim. No game of chance is this, as in cards, roulette or dice. Pursuit -- in this game of bliss, not -- sold for those games in vice. No pairs, folds, flushes or straights, no rivers turns or flops, no divining the first out of the gate and no guessing where the ball will stop. In 42, when the game begins, a domino on the table you play. The trump suit or the high suit wins, the player then makes another leg.
(Inaudible) until the end, each is given a the point of one. Some others count for five or even ten to determine who has won. So hereby know this emotion to establish for our state, the game of 42 with a notion to be the table game of Texas for -- Move passage.
REPRESENTATIVE DAVIS: Mr. Cain?
REPRESENTATIVE ERWIN CAIN: Yes, ma'am.
REPRESENTATIVE DAVIS: This is an H.C.R. where you are designating 42 as the official state game; is that correct?
REPRESENTATIVE ERWIN CAIN: Its official table game. Yes, ma'am.
REPRESENTATIVE DAVIS: This says State game of Texas. Not table game. It doesn't have table on it. And so I'm wondering are we going to have to see another H.C.R. with you naming that as a state poem?
REPRESENTATIVE ERWIN CAIN: Move adoption.
REPRESENTATIVE BEVERLY WOOLLEY: The question -- is there objection to consideration --
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose?
UNIDENTIFIED MALE SPEAKER: Madam Speaker, I move that the exchange between Ms. Davis and Mr. Cain be reduced to writing and placed in the journal.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE RANDY WEBER: Parliamentary inquiry, Madam Speaker.
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Weber?
REPRESENTATIVE RANDY WEBER: Since I've only been here two sessions every time we ask to have something reduced to writing and have it placed in the journal, the Speaker always asks the question, Is there any objection? Is there ever a time when that objection is literally sustained? Did we do that last night? Okay. I'm sorry. Very good. Thank you very much. So we can keep it as journal; is that right?
REPRESENTATIVE BEVERLY WOOLLEY: We will have to do research to see if it's ever been denied but --
REPRESENTATIVE RANDY WEBER: I think we did one last night.
REPRESENTATIVE BEVERLY WOOLLEY: We did that last night?
REPRESENTATIVE RANDY WEBER: And does that vote go in the journal?
REPRESENTATIVE BEVERLY WOOLLEY: We will have to research that.
REPRESENTATIVE RANDY WEBER: Okay. Thank you.
REPRESENTATIVE JASON ISAAC: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Isaac?
REPRESENTATIVE JASON ISAAC: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield?
REPRESENTATIVE ERWIN CAIN: I do.
REPRESENTATIVE JASON ISAAC: Representativ e Cain, I just want to confirm that this is the table game of Texas?
REPRESENTATIVE ERWIN CAIN: That is correct.
REPRESENTATIVE JASON ISAAC: Okay. Great. Because I'm a Lacrosse enthusiast and that's the oldest north American sport, the national sport in Canada, and I hope some day will be the national sport of Texas. Thank you.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage of H.C.R. 84. Is there any objection? Chair hears none. So ordered. Back up members. We haven't laid it out yet. The Chair lays out H.C.R. 84. The clerk will read the bill.
CLERK: H.C.R. 84 by Cain. Designating the 42 as the official game of the State of Texas.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Cain.
REPRESENTATIVE ERWIN CAIN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of H.C.R. 84. Is there any objection? Chair hears none. So ordered. The Chair recognizes Representative Parker to explain H.C.R. 117.
REPRESENTATIVE TAN PARKER: Thank you Madam Speaker and members. H.C.R. 17 honors the town of Roanoke, Texas.
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Hamilton?
REPRESENTATIVE MIKE HAMILTON: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Parker?
REPRESENTATIVE TAN PARKER: I yield.
REPRESENTATIVE MIKE HAMILTON: Mr. Parker, what is so unique about dining experiences in Roanoke know?
REPRESENTATIVE TAN PARKER: Representative , it's a great question. It's a sleepy little town of only six thousand people, but it has an extraordinary number of restaurants. There's an original restaurant who got the original baked chicken, which I know you are a big fan of. They got a big classic cafe.
REPRESENTATIVE MIKE HAMILTON: Do they have baked --
REPRESENTATIVE TAN PARKER: Twisted -- great, great, great places like Cowboy Chow as well. It's a very special, unique environment where people come from all over north Texas to dine.
REPRESENTATIVE MIKE HAMILTON: Now why would you say the unique dining? You know, that's kind of like whenever you go out on a date, it's like saying she's got a good personality. You know? Or he's got a good personality, you know, it's not saying that the food is great, you are not saying that the dining experience is great, you are saying it's unique. So that makes us wonder what's going on there?
REPRESENTATIVE TAN PARKER: Representative , I understand. It truly is unique. It's a special place. A lot of these restaurants have been featured in the Texas Monthly and on the Food Network, which is pretty unique for a small town of six thousand people. And, again, it's all about local economic development in my little town of Roanoke.
REPRESENTATIVE MIKE HAMILTON: Well, it doesn't -- You know, it just doesn't sound real good. It sounds like it should be like unique, good, great, tasting good.
REPRESENTATIVE TAN PARKER: I wanted to be reasonable and find the right word to describe it. So we picked the term unique, Representative Hamilton.
REPRESENTATIVE MIKE HAMILTON: Thank you. Madam Speaker -- I got one parliamentary inquiry. Whenever we do --
REPRESENTATIVE BEVERLY WOOLLEY: State your inquire inquiry, Mr. Hamilton.
REPRESENTATIVE MIKE HAMILTON: Whenever we do these, can we have our stuff reduced into writing and put in the journal? Wouldn't that be like a little face there, like a face book, because I think Larry Taylor would really look good on a picture next to it.
REPRESENTATIVE BEVERLY WOOLLEY: I'm not vised, Mr. Hamilton.
REPRESENTATIVE JASON ISAAC: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Mr. Isaac?
REPRESENTATIVE JASON ISAAC: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLLEY: Do you yield, Mr. Parker?
REPRESENTATIVE TAN PARKER: I yield.
REPRESENTATIVE JASON ISAAC: You know this is nowhere near my district, but it's near to my heart. Are you aware that there's a restaurant called
(Inaudible) Burger Company?
REPRESENTATIVE TAN PARKER: Absolutely. It's a great place.
REPRESENTATIVE JASON ISAAC: You are correct. It has been mentioned on the Food Network, and they actually did a show there one day and it's also been in the Texas Monthly. So I hope that I gave an opportunity to have lunch with you some time there during the interim.
REPRESENTATIVE TAN PARKER: Let us schedule it and make it happen. I look forward to it.
REPRESENTATIVE JASON ISAAC: Thank you. Yeah, your treat.
REPRESENTATIVE TAN PARKER: Absolutely my treat, you bet ya.
REPRESENTATIVE BEVERLY WOOLLEY: Chair lays out H.C.R. 117. Is there any objection? -- if the clerk -- clerk will read the bill.
CLERK: H.C.R. 117 by Parker. Designating Roanoke as the unique dining capital of Texas.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Mr. Parker.
REPRESENTATIVE TAN PARKER: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of H.C.R. 117. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE JESSICA FARRAR: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: For what purpose, Ms. Farrar?
REPRESENTATIVE JESSICA FARRAR: Parliament ary inquiry.
REPRESENTATIVE BEVERLY WOOLLEY: State your inquiry.
REPRESENTATIVE JESSICA FARRAR: A motion was made earlier, about an hour ago, by Ms. Kolkhorst. And I'm -- I wish to raise a point of order on that motion. Under Rule 6, Section 14-4, there was no consideration made. Under a Local and Consent Calendar there is no decision when the matter is contested and sent back. And, therefore, under Rule 7, Section 37, which is a motion to reconsider; it says that when a question is where the question has been decided by the House and the yeas and nays have been called for and recorded. Therefore, that is my point of order.
REPRESENTATIVE BEVERLY WOOLLEY: Bring your point of order down front. The Chair -- The Chair recognizes -- Chair recognizes Representative Button to explain H.C.R. 130.
REP. ANGIE CHEN BUTTON: Madam Speaker and members H.C.R. 130 is designated -- as the international -- very --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of H.C.R. 130? Chair hears none and lays out H.C.R. 130. The clerk will read the Bill.
CLERK: H.C.R. 130 by Button. Designating the city of Richardson as the official International Business Capital of North Texas.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Button.
REP. ANGIE CHEN BUTTON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on passage of H.C.R. 130 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Howard of Fort Bend to explain H.R. 243.
REPRESENTATIVE CHARLIE HOWARD: -- I just -- the on the insurance business company.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of consideration of H.R. 243? Chair hears none and lays out H.R. 243. The clerk will read the Bill.
CLERK: H.R. 243 by Howard of Fort Bend. Expressing opposition to H.R. 3424 and to any other tax proposal that would limit the use of reinsurance by non-U.S.-based insurance companies.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Howard.
REPRESENTATIVE CHARLIE HOWARD: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage of H.R. 243 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Landtroop to explain H.R. 680.
REPRESENTATIVE JIM LANDTROOP: Thank you Madam Speaker and members, H.R. 680 recognizes the Senate Bill of 481, of which Mr. Veasey was the House sponsor from the 81st Legislature, Regular Session, 2009, as the Justin Little Land Crew Safe Transportation Act.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of H.R. 680? Chair hears none and lays out H.R. 680. The clerk will read the Bill.
CLERK: H.R. 680 by Landtroop. Recognizing Senate Bill 481, 81st Texas Legislature, Regular Session, 2009, as the Justin Little Rail Crew Safe Transportation Act.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Mr. Landtroop.
REPRESENTATIVE JIM LANDTROOP: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of H.R. 680. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Howard to of Fort Bend to explain H.R. 930.
REPRESENTATIVE CHARLIE HOWARD: This -- Taiwan is a is the international civil aviation organization.
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration of H.R. 930? Chair hears none and lays out House Resolution 930. The clerk will read the Bill.
CLERK: H.R. 930 by Howard of Fort Bend. Endorsing Taiwan's participation as an observer in the International Civil Aviation Organization and the United Nations Framework Convention on Climate Change.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Howard of Fort Bend.
REPRESENTATIVE CHARLIE HOWARD: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of H.R. 930. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Guillen to to explain House Bill 3422.
REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker and members. H.B. 3422 is a measurement to ensure that property owners --
REPRESENTATIVE BEVERLY WOOLLEY: Is there any objection to consideration H.B. 3422? Chair hears none and lays out House Bill 3422. Clerk will read the bill.
CLERK: H.B. 3422 by Lozano. Relating to the use of auction proceeds from the sale of abandoned motor vehicles, watercraft, or outboard motors to compensate certain property owners.
REPRESENTATIVE BEVERLY WOOLLEY: Amendment by the clerk. The clerk will read the following amendment. The amendment is already been adopted so Chair recognizes Representative Guillen to close.
REPRESENTATIVE RYAN GUILLEN: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Question occurs on the passage of House Bill 3422 to third reading. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Miller of Erath to explain House Bill 3799. Members, there will be lunch ready in the lounge, there's lunch in the lounge.
REPRESENTATIVE DOUG MILLER: Madam Chair, the Senate Bill is over and eligible.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the Senate Companion to House Bill 3799 is over and eligible. Accordingly, Chair lays out Senate Bill 1806. The clerk will read the Bill.
CLERK: S.B. 1806 by Lucio. Relating to timely filing of a surplus lines policy; providing penalties.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Miller of Erath.
REPRESENTATIVE DOUG MILLER: Madam Speaker, this bill is a surplus line and it's acceptable to the author. Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on the passage to third reading of Senate Bill 1809. Is there any objection? Chair hears none. So ordered. Representative Miller of Erath moves to lay H.B. 3799 on the table subject to call. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Price. REPRESENTATIVE WALTER "FOUR" PRICE: Thank you, Madam Speaker, I just want to take a minute to recognize my father and stepmother and my beautiful wife. My father and my stepmother weren't able to come to the swearing in, so I just want them to stand up and welcome them to the Texas House of Representatives.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Veasey.
REPRESENTATIVE MARC VEASEY: Members, please help me welcome the children of Bishop Elementary out in the school district that has come all the way down to Tarrant. And welcome to your State Capitol.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Madam Speaker and members, I move to suspend all necessary rules to take up and consider H.R. 1981.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Resolution 1991. Clerk will read the Resolution.
CLERK: H.R. 1981 by Raymond. Congratulating Destiny Dawn Bailey of John B. Alexander High School in Laredo on her selection as the 2011 Youth of the Year by the United States Border Patrol.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Thank you Madam Speaker and members, I would like to recognize Representative Guillen and I would like to recognize Destiny Bailey. Destiny is in the east gallery with her parents and her grandparents and the Border Patrol, please stand up. Destiny was recognized as the youth named as Youth of the Year by the United States Border Patrol. We are very, very proud of her. She's going to be going to the John's Hopson University. And I'm also very proud and thankful to the United States Border Patrol, not only for the work that they do everyday in helping keep this country safe, but also going beyond that and working with our community, working with our youth, recognizing young leaders in our community and encouraging other young students to stay in school, to succeed, and be leaders for the future. Members, please help me recognize and welcome Destiny Bailey and her family, and the United States Border Patrol in the east gallery. And, Madam Speaker, I move adoption.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair -- Representative Guillen moves to add all member's names to the resolution. Is there any objection? Chair hears none. So ordered. Representative Callegari moves that the exchange between Representative Callegari and Representative Smith be reduced to writing and put in the journal. Is there any objection? Chair hears none. So ordered. Members, let us pay attention. The Chair is recognizing Representative Phillips for a very important resolution.
REPRESENTATIVE LARRY PHILLIPS: Members, thank you for the opportunity to bring -- and I would call up House Resolution 1563. Today we have the honor, and I'm -- I'm going to ask to be -- briefly, to recognize Amadeo Saenz, and his wife, Gerry. Amadeo Saenz has been with TexDOT for the last three decades and he is retiring as the executive director. He is truly a wonderful story of being a smart man, working hard, and going through the whole process of going in and entering as an engineering laboratory assistant and at the end of the day that laboratory assistant in 1978 rode to the top and became the executive director of TexDOT. And at times, hard times and strenuous times. And I say what, I don't know anybody that worked harder for the State of Texas and who is more diligent and who cares more about the people he worked for. And I hear that from the district directors. He's always been available whenever I needed him, and anybody else. And so I'm just honored to recognize Amadeo Saenz. And he's up on the -- of course, he's up on the dais. And, with that, I would follow up with -- H.R. 1563.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The following resolution. The clerk will read the resolution in full.
CLERK: H.R. 1563 by Phillips. WHEREAS, Texas Department of Transportation executive director Amadeo Saenz, Jr., has served his agency with great dedication since 1978, and it is indeed fitting to recognize his contributions; and WHEREAS, A native of Hebbronville, Mr. Saenz earned his bachelor's degree in civil engineering with honors from the University of Texas at Austin; he initially joined TxDOT as an engineering laboratory assistant in the Pharr District; and WHEREAS, Mr. Saenz was appointed district engineer in the Pharr District in October 1993; eight years later, he was named assistant executive director for engineering operations in Austin; he implemented and managed policies, programs, and operating strategies according to federal and state laws and Texas Transportation Commission regulations and directives; since 2007 he has served as executive director of the agency, managing directing, and implementing policies, programs, and operating strategies; and. WHEREAS, This notable Texan served his profession as a member of the Civil Engineering External Advisory Committee for UT-Austin; he has also been active in his community and was a member of the Rotary Clubs in Laredo and Pharr; moreover, he gave generously of his time and talents to the Boy Scouts in the McAllen area; and WHEREAS, In all his endeavors, Mr. Saenz enjoys the support and encouragement of his wife, Geraldine, and their children Priscilla and David; he owns and operates a small cattle ranch in South Texas and enjoys horseback riding and hunting; and WHEREAS, Amadeo Saenz, Jr., has worked to benefit the citizens of Texas throughout a tenure in public service spanning more than three decades, and he may reflect with pride on his achievements; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Amadeo Saenz, Jr., for his service in the Texas Department of Transportation and extend to him sincere best wishes for the future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Saenz as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you again for the opportunity to bring this resolution. And, Amadeo, I just want to say thank you for your service to Texas and we just wish you guys the best in retirement, and I know that you probably will not be too much retired because you got lots of stuff to take care of at home that you haven't done in several years. So, thank you very much, Amadeo, for your services to the state. I move adoption.
REPRESENTATIVE BEVERLY WOOLLEY: Members, the question occurs on the adoption of the amendment. Is there -- I mean of the Resolution -- Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE PETE GALLEGO: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Galle go?
REPRESENTATIVE PETE GALLEGO: I move to add all members' names to the --
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Galle go, Ms. Davis of Dallas and Ms. McClendon moves to add all members' names. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE PETE GALLEGO: And, Madam Speaker, I would point out that for all of Texas, really, Mr. Saenz is a trailblazer. He was one of the first latino district engineers ever in TexDOT, actually maybe the first. He was certainly the first latino executive director of TexDOT, one of the highest ranking latinos in state government, and someone that the latino community is incredibly, incredibly proud of him. And he was a true trailblazer and we are very grateful.
REPRESENTATIVE BEVERLY WOOLLEY: Thank you for that information, Mr. Gallego. Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Madam Speaker and members, I just want to remind the 78th session freshman class that we are going to do a photograph upon adjournment, which will be only about five minutes to the adjournment. If we can meet over here on the steps we will try to get those photograph done. And for those of you who do not remember, it's: Taylor, Quintanilla, Paxton, Laubenberg, Branch, Zedler, Phillips, Flynn, Ritter, Guillen, Eissler, Rodriguez, Smith, Hamilton, Cook, Pena, Hamilton and Bohac. We'll see you on the steps during the break.
REPRESENTATIVE BEVERLY WOOLLEY: Members, if there are no further announcements the Chair recognizes Representative Beck for an announcement. Chair recognizes Ms. Beck for an announcement.
REPRESENTATIVE MARVA BECK: Madam Speaker and members, I would like to recognize the 8th grade class of the (Inaudible) Junior High. They are up here. Y'all stand up. Recognize this class. They are accompanied by their principal, Mr. Steven English. And help me welcome them to their State House. Thank you.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Davis of Dallas. Excuse me, Ms. Davis of Harris. Excuse me, once again. It's Mr. Davis.
REPRESENTATIVE DAVIS: It's me. I know we look alike. I know. Thank you. I appreciate that. Okay.
REPRESENTATIVE BEVERLY WOOLLEY: You want all three Davis' with you?
REPRESENTATIVE DAVIS: Yes. I'm so proud of my Davis family. Would you please tell me, Mr. Davis, as we make this announcement, my session wouldn't be complete if I didn't have you next to me. Okay. With that, the -- I request permission for the Committee on Economic and Small Business Development to meet while the House is in session at 2:00 p.m. May, 13th, that's Friday the 13th, 2011, in room 3W29 to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So moved, ordered. The announcement. The clerk will read the announcement.
CLERK: The Committee on Economic and Small Business Development will meet at 2:00 p.m. on May 13, 2011 at 3W.9. This will be a formal meeting to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Are there any other announcements, members? The announcements, the following announcements, the following -- Chair recognizes Representative Phillips for a motion.
REPRESENTATIVE LARRY PHILLIPS: I move to suspend all necessary rules to request permission so the Committee on Transportation can meet while the House is in session at 2:00 o'clock p.m. today, May 13th, 2011, at -- meet right back to consider pending business. We're going to do it very quickly. So --
REPRESENTATIVE BEVERLY WOOLLEY: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. The clerk will read the announcement.
CLERK: The Committee on Transportation will meet at 2:00 p.m. on May 13th, 2011, in room 3W.5. This will be a formal meeting to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair announces the signing of the following to the presence of the House.
CLERK: H.B. 2831. H.B. 2503. H.B. 2131. H.B. 1953. H.B. 1952. H.B. 1901. H.B. 1889. H.B. 1300. H.B. 1064. H.B. 965. H.B. 734. H.B. 11.
REPRESENTATIVE BEVERLY WOOLLEY: Following announcement, The clerk will read the announcement.
CLERK: The Committee on Land and Resource Management will meet upon first adjournment on May the 13, 2011, at desk Number 58 on the House floor. This will be a formal meeting to consider H.B. 1922.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Mr. Pickett for a motion.
REPRESENTATIVE PICKETT: Thank you, Madam Speaker. I request permission for the Committee on Defense and the -- Affairs to meet while the House is in session at 1:00 p.m. today on May 13, at 3W15 to consider Senate Bill 1756. And pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The clerk will read the amendment.
CLERK: The Committee on Defense and Veterans --
REPRESENTATIVE BEVERLY WOOLLEY: -- I mean announcement.
CLERK: -- Affairs will meet at 1:00 p.m. today, May the 13th, 2011, at 3W.15. This will be a formal meeting to consider S.B. 1756 and pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Are there any other amendment -- motions or announcements? Then Representative Frullo moves that the House stands adjourned until 12:35 p.m. today. Is there any objection? Until 12:35 p.m. today. Is there any objection? Chair hears none. So ordered.
(The House stands adjourned.) House will come to order, all members, please register. The quorum is present. Representative Thompson has asked a unanimous consent for those members granted leave of absence on the previous legislative day to be excused on this legislative day. Is there any objection? Chair hears none. Chair announces the signing of the following in the presence of the House:
CLERK: H.C.R. 161.
THE SPEAKER: Please excuse Representative Lozano on important business in the district, on a motion of Representative Guillen. Chair recognizes Mr. Jackson.
REPRESENTATIVE JIM JACKSON: The Civil Jurisprudence members, listen up. Latest plan. I request permission for the Committee on Judiciary and Civil Jurisprudence to meet while the House is in session, at 2:30 p.m., May 13th, 2011, at 3W9 to consider pending business.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read announcement.
CLERK: The Committee on Judiciary and Civil Jurisprudence will meet at 2:3030 p.m. on May 13th, 2011, in room 3W.9. This will be a formal meeting to consider pending business.
THE SPEAKER: Members -- And Chair has been talking, and it's the Chair's intent when we get on the regular calendar -- on the general calendar, just on the general calendar on third readings, to accept a motion or to entertain a motion to let one vote apply to all of the bills. Unless a member has an objection to one of those bills, the member would have to bring that objection forward and those bills that they have objections to will be stripped out and debated individually. Otherwise, the one vote would cover every -- the one vote will cover everything that is left on the calendar. Members, we're going to ask you to work with your caucus chairs so that we can get to identify those bills and get them turned them in to us. And we're giving you the notice now so that you will have time to do it prior to the motion being made. Mr. Gallego, for what purpose?
REPRESENTATIVE PETE GALLEGO: Mr. Speaker, parliamentary inquiry.
THE SPEAKER: State your inquiry.
REPRESENTATIVE PETE GALLEGO: In terms of the motion that you just talked about, it's not only bills that you may have an objection to, but what happens if a member, for example, has a third reading amendment that they would like to offer?
THE SPEAKER: We already have those identified, sir, and they will be pulled out. The ones where that -- there's amendments that have been filed so --
REPRESENTATIVE PETE GALLEGO: Right.
THE SPEAKER: So it's fine with --
REPRESENTATIVE PETE GALLEGO: I guess that's what I'm asking, because some members may not have filed their third reading amendments at this point.
THE SPEAKER: That's why we are giving you this opportunity to give us the list of the bills that you would like pulled off of the general calendar and voted on separately, as opposed to block vote.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker?
THE SPEAKER: Mr. Castro, for what purpose?
REPRESENTATIVE CASTRO: Parliamentary inquiry.
THE SPEAKER: State your inquiry, please.
REPRESENTATIVE CASTRO: Mr. Chair, if we don't necessarily object, but we want to register no vote on those bills individually --
THE SPEAKER: It would be the exact same as the Local Calendar. You would be able to register a no vote and that way we can move on forward and hopefully get some of us home for the weekend.
REPRESENTATIVE CASTRO: Okay. And what would the deadline be for registering a no vote, because to look through everything within a few minutes or something would be difficult?
THE SPEAKER: We are going to do the Local and Consent Calendar first, which is going to take some time. You don't have to register that. I would like for the caucus chair to keep a list, if they could. You can file a no vote until adjournment.
REPRESENTATIVE CASTRO: Okay. Thank you.
THE SPEAKER: Members, we can adjourn later in the day, whether we are still in session or not. I mean, you can all already be gone and we can adjourn, so we can keep the journal open. Mr. Burnam, would you come to the front, please? Members, this is only on the General State Calendar. It will not affect the votes on the major state or the constitutional amendments. Members, try to work with your caucus chairs. If -- Republicans, give them to Larry and Democrats give it to Jessica, it will make this go a lot smoother. We'll make the list and we'll we will read the list prior to going on to the calendar. Please excuse Representative Veasey for important business, by a motion from Representative Walle. Is there any objection? Chair hears none. Members, we're about to go on the Local.
REPRESENTATIVE BEVERLY WOOLLEY: Please excuse Representative Roland Gutierrez because of illness, on the motion of Representative Burnam. Mr. Hancock? Representative Thompson asks unanimous consent for those members granted leave of absence on previous legislative days to be excused on this legislative day. Is there any objection? Chair hears none. So ordered. Representative Thompson moves to suspend all necessary rules to consider the Local and Consent Calendar Bills on third reading. Is there any objection? Chair hears none. So ordered. Representative Thompson ask unanimous consent to use the vote on the first recorded vote of all bills that require record votes, with the understanding that a member may record a vote on any bill with the Journal clerk. Is there any objection? Chair hears none. So ordered. The Chair lays out House Bill 142. The clerk will read the bill.
CLERK: H.B. 142 by Laubenberg. Relating to the practices of psychological associates.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on final passage of H.B. 142. This is a record vote. The clerk will ring the bell. There being a 144 ayes and 0 nays, the motion prevails. The Chair lays out the following bills on third reading and final passage, as well as H.C.R. 55, H.C.R. 83, H.C.R. 84, H.C.R. 117, H.C.R. 130, H.R. 243, H.R. 680. The clerk will read the the bills.
CLERK: H.B. 161 by Raymond. Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses. HB 167 by Raymond. Relating to the transportation of certain mental health patients. HB 427 by Driver. Relating to the creation of the Rowlett Waterfront Entertainment Management District; providing authority to impose a tax, levy an assessment, and issue bonds. HB 695 by Allen. Relating to the establishment of a program for the collection, transportation, recycling, and disposal of mercury-added thermostats. HB 737 by Otto. Relating to the East Montgomery County Improvement District. SB 6604 by Rodriguez. Relating to the execution of lawful process by county jailers. HB 995 by Gutierrez. Relating to provision by the secretary of state of notice to a candidate of the form of the candidate's name that will appear on the general election ballot. HB 1119 by Weber. Relating to the maintenance tax rate of the Brazoria County Conservation and Reclamation District Number Three. SB 564 by Uresti Relating to the election of members of the board of directors of the Middle Pecos Groundwater Conservation District. HB 1234 by Miller of Comal. Relating to the authority of certain counties to impose a county hotel occupancy tax. HB 1241 by Zedler. Relating to surety bond requirements for reserve deputy constables. SB 248 by Estes. Relating to the regulation of public grain warehouse operators. SB 1121 by Estes. Relating to the student fees for the university center at Midwestern State University. SB 628 by Duncan. Relating to the authority of the Childress County Hospital District to provide facilities and services for persons who are elderly or disabled; providing authority to issue bonds and notes. HB 1544 by Hunter. Relating to the design of specialty license plates issued to members and former members of the United States armed forces. HB 1563 by Flynn. Relating to the period of time between certain local option elections to legalize or prohibit the sale of alcoholic beverages. SB 810 by Hinojosa. Relating to the boundaries of the Ingleside Cove Wildlife Sanctuary. HB 1646 by Gallego. Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty. HB 1745 by Coleman. Relating to the authority of certain municipalities to impose term limits on the members of their governing bodies. HB 1897 by Flynn. Relating to the jurisdiction of, number of jurors in, and the clerk serving the County Court at Law of Van Zandt County. HB 1921 by Pickett. Relating to the composition of a board of directors of a regional mobility authority created by a municipality. SB 1492 by Uresti. Relating to the election of directors of the Real-Edwards Conservation and Reclamation District. HB 1969 by Christian. Relating to the applicability of commercial fertilizer regulations to a substance containing animal manure or plant remains. SB 533 by Davis. Relating to the minimum standards for the certifications of sexual assault training programs and sexual assault nurse examiners and for certification renewal by those entities. SB 1356 by Hardcastle. Relating to the repeal of certain laws regulating the registration of animal tattoo marks with the Department of Public Safety. HB 1993 by Hardcastle. Relating to the redemption and impoundment of strays. HB 2089 by Smithee. Relating to the resolution of overpayment or underpayment of income benefits under the workers' compensation program. HB 2093 by Thompson. Relating to the operation and regulation of certain consolidated insurance programs. HB 2104 by Jackson. Relating to the amount of the bond for county taxes required to be given by the county assessor-collector for certain counties. HB 2169 by Aycock. Relating to the authority of the governing body of a taxing unit to rescind a discount for early payment of ad valorem taxes. HB 1385 by Uresti. Relating to the authority of the chief appraiser of an appraisal district or the collector for a taxing unit to waive penalties for failing to file certain documents. SB 1496 by Uresti. Relating to the scope and validity of correction instruments in the conveyance of real property. HB 2338 by Paxton. Relating to the posting on the Internet by the county assessor-collector of information regarding ad valorem tax rates. HB 2369 by Quintanilla. Relating to the accreditation of training programs and examinations for certain emergency medical services personnel. HB 2417 by Flynn. Relating to the Texas Code of Military Justice. HB 2446 by Allen. Relating to the release of confidential physician-patient communications in certain circumstances. SB 1150 by Seliger. Relating to requiring certain non-ERCOT utilities to comply with energy efficiency goals. HB 2635 by Kolkhorst. Relating to the composition of the First, Tenth, and Fourteenth Courts of Appeals Districts. HB 2688 by Lucio. Relating to tuition and scholarships and fee exemptions for certain members of the armed services and certain military veterans attending institutions of higher education. HB 2729 by Callegari. Relating to local government contracts with private entities for civil works projects and improvements to real property. HB 2788 by Laubenberg. Relating to the donation of blood by persons who are at least 16 years of age. HB 2819 by King of Zavala. Relating to the operation and efficiency of the eligibility determination process for supplemental nutrition assistance program benefits. SB 1433 by Crownover. Relating to insurer receivership. SB 1608 by McClendon Relating to the optional county fee in certain counties for the county road and bridge fund. HB 2931 by Woolley Relating to certain debt cancellation agreements made in connection with retail installment contracts. HB 2967 by Naishtat. Relating to the authority of the Travis County Healthcare District to make capital or financial contributions to charitable organizations. SB 1608 by Carona. Relating to operating a motor vehicle without a driver's license or financial responsibility; creating a penalty. HB 3123 by Thompson. Relating to codifying federal foster care funding requirements to locate and provide information to relatives and other adults following the removal of a child by the Department of Family and Protective Services, and court findings regarding those efforts. HB 3172 by Gonzalez. Relating to protective orders. HB 3199 by Cain. Relating to the repeal of requirements and penalties related to the grading of roses. HB 3324 by McClendon. Relating to the operations and monitoring of fusion centers in this state. HB 3352 by Smith. Relating to the sale of park land owned by certain municipalities. HB 3371 by King, Susan. Relating to the exemption of registered dental laboratories from certain distributing and manufacturing licensing requirements. HB 3410 by Smithee. Relating to the managing underwriters for surplus lines insurance transactions and to the collection of surplus lines insurance premium taxes for those transactions. HB 3422 by Lozano. Relating to the use of auction proceeds from the sale of abandoned motor vehicles, watercraft, or outboard motors to compensate certain property owners. HB 3423 by Lozano. Relating to certain criminal offenses committed in relation to a federal special investigator; providing criminal penalties. HB 3442 by Jackson. Relating to authorizing certain courts to access information in the juvenile justice information system. HB 3443 by Jackson. Relating to the judicial immunity and powers of certain magistrates. HB 3453 by Anchia. Relating to the regulatory authority of the consumer credit commissioner. HB 3458 by Eiland. Relating to the registration with the Texas Department of Insurance of certain contract examiners. HB 3462 by Margo. Relating to the board of hospital managers of the El Paso County Hospital District. HB 3486 by Taylor. Relating to municipal regulation of dogs used for search and rescue or law enforcement purposes. HB 3488 by Menendez. Relating to the requirements for demonstrating eligibility for an ad valorem tax exemption for the residence homestead of an elderly or disabled person. HB 3560 by Lucio. Relating to the appointment and recommendations of the Border Trade Advisory Committee. HB 3578 by Gonzales. Relating to clarification of the authorized uses for loans under public institution of higher education emergency loan programs. HB 3579 by Gonzales. Relating to repayment assistance for certain physician education loans. HB 3580 by Frullo. Relating to the issuance of specialty license plates for surviving spouses of disabled veterans of the United States armed forces. HB 3589 by Hancock. Relating to claim-handling deadlines in the event of certain weather-related catastrophes or natural disasters. SB 1327 by Watson. Relating to the confidentiality of information obtained by a compliance office of an institution of higher education. HB 3597 by Larson. Relating to the powers and duties of certain public improvement districts operated by counties. HB 3611 by Truitt. Relating to the administration of medication for persons with intellectual and developmental disabilities. HB 3696 by Gallego. Relating to concurrent state and federal jurisdiction over units of the national park system in this state. HB 3799 by Miller. Relating to timely filing of a surplus lines policy; providing penalties. HB 3812 by Howard. Relating to the powers and duties of the Imperial Redevelopment District; providing authority to impose a tax and issue bonds. HB 3813 by Isaac. Relating to the Hudson Ranch Fresh Water Supply District No. 1. SB 1986 by Isaac. Relating to the Fannin County Juvenile Board. HB 3829 by Anderson. Relating to gifts and donations to the McLennan County Juvenile Board. HB 3837 by Isaac. Relating to the designation of a portion of U.S. Highway 183 as the Cpl. Jason K. LaFleur Memorial Highway. HB 3840 by Parker. Relating to the extension of the deadline for holding the confirmation and initial directors' election of the Tradition Municipal Utility District No. 2 of Denton County. HB 3841 by Martinez. Relating to the designation of a portion of Farm-to-Market Road 907 in Hidalgo County as Rudy Villarreal Road. HB 3842 by Callegari. Relating to the creation of the Bridgeland Management District; providing authority to levy an assessment, impose a tax, and issue bonds. HB 3843 by Thompson. Relating to excluding certain territory from the Harris County Road Improvement District No. 2. HB 3844 by Aycock. Relating to the creation of criminal law magistrates for Burnet County. HB 3845 by Sheffield. Relating to the powers of the CLL Municipal Utility District No. 1; providing authority to levy an assessment, impose a tax, and issue bonds. HB 3849 by Taylor. Relating to the powers and duties of the Galveston County Municipal Utility District No. 6. HB 3852 by Pitts. Relating to the creation of the Midlothian Municipal Management District No. 2; providing authority to impose a tax, levy an assessment, and issue bonds. HB 3856 by Naishtat. Relating to the proceedings that may be referred to and the powers of a criminal law magistrate in Travis County. HB 3858 by Thompson. Relating to the jurisdiction of a county criminal court at law in Harris County. HB 3859 by Laubenberg. Relating to the creation of the Club Municipal Management District No. 1; providing authority to levy an assessment and issue bonds. HB 3861 by Craddick. Relating to the creation of the Midland County Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain HB 3862 by Smith. Relating to temporary directors and the continuation in existence of the Harris County Municipal Utility District No. 510. SB 1806 by Lucio. Relating to timely filing of a surplus lines policy; providing penalties.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair declares those bills just read by the clerk to be finally passed by the record vote recorded on House Bill 142. Understand that -- With the understanding that a member may record a vote with the Journal clerk. Is there any objection? Chair hears none. The bills are finally passed. Chair recognizes Representative Truitt for a motion.
REPRESENTATIVE VICKI TRUITT: Thank you Madam Speaker, I move to suspend all, the 5-Day Posting Rule to allow the Committee on Pensions, Investments and Financial Services to consider SB 812, SB 1664, and SB 1671. At 8:00 a.m. May 17th, 2011, in E2.104.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Kleinschmidt for a motion.
REPRESENTATIVE TIM KLEINSCHMIDT: Members I request you to grant the Committee -- Land, Resource Committee to meet while House is in session at 2:30 p.m. today, 5-13; place, 3W.15 to consider Senate Bill 1922.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read the announcement.
CLERK: The Committee on Pensions, Investments and Financial Services will meet at 8:00 a.m. on Tuesday, May the 17th, 2011, at room E2.014. This will be a public hearing to consider SB 812, SB 1664, SB 1671. The Committee on Land and Resource Management will meet at 2:30 p.m. on May 13th, 2011, at room 3W.15. This will be a formal meeting to consider SB 1922.
REPRESENTATIVE BEVERLY WOOLLEY: Members, this would be the time if you have bills that are on general calendar, third reading, that you want pulled out so that they can be individually debated, please take them to your caucus chair. Chair recognizes Representative Dutton for a motion. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Ma dam Speaker and members, I request that permission of the Committee on Urban Affairs to meet while the House is in session at 2:30 p.m., May 13, 2011, in 3W15, to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th ank you.
REPRESENTATIVE BEVERLY WOOLLEY: Following announcement. The clerk will read the announcement.
CLERK: The Committee on Urban Affairs will meet at 2:30 p.m. on May the 13th, 2011 in room 3W.15. This will be a formal meeting to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: The Chair recognizes Representative Kolkhorst. Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you Madam Speaker and members, I would like to suspend all necessary rules to take up and consider H.R. 1854.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read resolution.
CLERK: H.R. 1854 by Kolkhorst. May 8th through the 14th, 2011, as National Hospital Week in Texas.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you Madam Speaker and members, this week is the Hospital Week and I am pleased to carry this amendment as hospitals are an integral part of our lives in all of our communities, I, with honor, move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gonzalez for a motion.
REPRESENTATIVE VERONICA GONZALES: Members , I request permission to suspend all necessary rules for the Committed on Board and Governmental Affairs to meet while the House is in session at 2:30 today, May the 13th, 2011, in 1W.14 to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The clerk will read the the announcement.
CLERK: The Committee on Border and Intergovernmental Affairs will meet at 2:30 p.m. on May 13th, 2011, at 1W.14. This will be a formal meeting to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Mr. Turner , would you look in the east gallery? My husband wants to say hello to you. The Chair recognizes Mr. Gallego for an announcement or for a motion.
REPRESENTATIVE PETE GALLEGO: Thank you Madam Speaker and members, I would move to suspend the 5-Day Posting Rule and all necessary rules to allow the Committee on Criminal Jurisprudence to consider pending business at a meeting at 9:00 a.m. on Monday the 16th in our regular meeting room, Reagan Room 120. Our meeting was posted for Tuesday on adjournment, but it's much easier to do it Monday morning and it gives us an extra day. And so 5-16-2011, at 9"00 a.m. in the Reagan Room 120, Committee on Jurisprudence to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcement. The clerk will read the announcement.
CLERK: The Committee on Criminal Jurisprudence will meet at 9:00 a.m. on May 16th, 2011, at JHR 120. This will be a public hearing to consider pending business.
REPRESENTATIVE BEVERLY WOOLLEY: Represent ative Thompson, Representative Coleman, Representative Burnam, please come to the front. Chair recognizes Representative Thompson, members.
REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I move to suspend all necessary rules, in order to take up and consider at this time on second and third reading and final passage House Bill 2931.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The Chair lays out on second reading House Bill 2931. The clerk will read the bill.
CLERK: HB 2931 by Woolley. Relating to debt cancelation agreements.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Woolley -- Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: Members, you've heard the motion. All in favor say aye, those opposed say no. The ayes have it. Chair lays out on third reading House Bill 2931. The clerk will read the the Bill.
CLERK: HB 2931 by Woolley. Relating to the debt cancelation agreement.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I move to final passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage -- It's a record vote, members. The clerk will ring the bell. Have all voted, members? Have all voted? There being 137 ayes and 5 nays, the Bill is passed -- finally passed.
REPRESENTATIVE JOE STRAUS: Members, we're going through the bills that were moved for the lists, so we are going to go on to major state. Chair lays out on third reading House Bill 9. The clerk will read the bill.
CLERK: HB 9 by Branch. Relating to student success-based funding for and reporting regarding public institutions of higher education.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker and members. This is the higher education's outcome based funding act. This is the legislation we passed yesterday that will move us toward student success based funding, and I move passage.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker? I'm sorry, I just have a couple of questions for you. Sorry about that. Mr. Branch, this -- I'm going to vote for this legislation and I voted in committee.
REPRESENTATIVE DAN BRANCH: Thank you, thank you for your help.
UNIDENTIFIED MALE SPEAKER: You are welcome. And part of the bill -- talk to me a little bit about -- are there fields that are critically needed here in the state?
REPRESENTATIVE DAN BRANCH: We have some areas that are high need, which is the sciences, the mathematic areas, engineers areas, also in nursing. So there's a list of these that the coordinating board keeps and watches in conjunction with the Work Force Commission, and they watch these critical needs areas and they occasionally update those. And those are the areas that is we would also incentivize in terms of completion.
UNIDENTIFIED MALE SPEAKER: So, right now, in the bill, you list several of those fields that you just mentioned. And we don't need to go back --
REPRESENTATIVE DAN BRANCH: It's in the legislation, yes.
UNIDENTIFIED MALE SPEAKER: Right. But in the legislation it also says that is the -- in the coordinating board we are allowing the coordinating board, all of the designated -- certain fields, to look at what we need in Texas and then tell us what you need, and you have the authority to use those fields that you decide that are important for Texas right now?
REPRESENTATIVE DAN FLYNN: Yes, sir. And then make recommendations back to the legislature, the control still remains with the legislature and, ultimately, the appropriations process. But the recommendations back to us, as these are critical need fields that we should incentivize.
UNIDENTIFIED MALE SPEAKER: So these fields are examples of that, and then the coordinating board decides on that are important.
REPRESENTATIVE DAN BRANCH: Based on the research we are working on the -- commission.
UNIDENTIFIED MALE SPEAKER: Okay. Thank you, Mr. Branch.
REPRESENTATIVE DAN BRANCH: Yes, sir. I move passage.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Howard to speak on the Bill.
REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker and members. I'm just speaking on the amendment here, and I definitely think that there is a lot of merit to the bill that's been before us here. I appreciate the work of Chairman Branch, that he's done on this issue. But, in light of our current budget, I have concerns about moving toward outcome spaced funding at this point in time. Especially if this methodology is incorporated into our higher education funding formulas. Last session we allocated funds to the nursing shortage reduction program to help our schools of nursing in increase the number of nursing graduates in the state. These funds were provided in addition to formula funds, on top of formula funds. The funds were provided up front so that schools could hire necessary faculty and implement necessary support systems to increase both enrollment and completion. The outcome of this incentive funding out performed the metric to establish the impact of the funding, actually producing more nursing graduates than expected and more than we actually paid for, quite frankly. We must always push our colleges and universities to continue to strive towards innovations to increase completion rates, but at the time when we already are cutting their basic funding, I think we need to be careful about how we structure our incentives. And I want to close with a quote, since my hard-working and excellent higher education committee chairman loves quotes. Quote from Colin Powell: "Fit no stereotypes, don't chase the latest management fads, situation dictates which are approach best accomplishes the team's mission". Thank you.
REPRESENTATIVE JOE STRAUS: Anyone else wishing to speak on, for, or against House Bill 9? The question occurs on the passage on House Bill 9. It's a record vote. Clerk, ring the bell. Show Representative Branch voting aye. Show Representative Villarreal voting aye. Have all voted? Have all voted. Being 118 ayes and 22 nays, House Bill 9 is finally passed. Chair lays out on third reading House Bill 2594 to third reading. The clerk will read the bill.
CLERK: HB 2594 by Truitt. Relating to the licensing and regulation of certain credit services organizations and the regulation of certain extensions of consumer credit obtained by those organizations or with regard to which the organizations provide assistance; providing an administrative penalty.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker, members, this is the bill we passed yesterday relating to the credit access businesses. It's the product of countless hours of negotiations between industry and consumer advocates. It is supported by the cabs that employ more than ten thousand Texans, it is supported by the Texas Association of Business, and numerous consumer advocacy organizations. It is a vote that this body can be proud of to vote for it, and I move passage.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker, would the lady yield?
REPRESENTATIVE JOE STRAUS: Ms. Truitt, do you yield?
REPRESENTATIVE VICKI TRUITT: I do.
REPRESENTATIVE TOM CRADDICK: Okay. I have a couple of questions for you, Mrs. Truitt, since you wouldn't yield yesterday. Could you describe in your early testimony on the first -- you have three bills, correct?
REPRESENTATIVE VICKI TRUITT: Yes, sir.
REPRESENTATIVE TOM CRADDICK: When you laid out bill one, you told the body that it was a three bill package and that the third bill would be on the calendar that next previous day. Which it was; is that correct?
REPRESENTATIVE VICKI TRUITT: Right. It was -- A point of order was called on it by Ms. Laubenberg.
REPRESENTATIVE TOM CRADDICK: And so -- and the first bill was amended also, wasn't it, and you opposed that amendment I assume? I think you said that it would damage the bill. And so you had three bills that you said they all had to pass --
REPRESENTATIVE VICKI TRUITT: No, I don't believe I ever said that they all had to pass. Anything we do is a step in the right direction. But it was intended to be a three bill package, because what we've seen in the past is a single bill come to the floor and it was subjected to amendments that ultimately killed it. And I was trying to bring separate bills so they would be less subject to being amendmented into oblivion.
REPRESENTATIVE TOM CRADDICK: So it doesn't matter that bill one, basically doesn't exist, like introduced it; bill three is no longer --
REPRESENTATIVE VICKI TRUITT: It doesn't. The amendment, the language in the bill that I brought to the floor was a little stronger. But it doesn't damage it to the point where it's worthless, it is -- it's definitely a step in the right direction.
REPRESENTATIVE TOM CRADDICK: Is there a reason in this bill that you had a sentence in there that basically put the fees into the statute that there are not -- they can't be used in interest, as in the sentence you put in there; is there a reason you did that?
REPRESENTATIVE VICKI TRUITT: That the fees?
REPRESENTATIVE TOM CRADDICK: You put in that the fees couldn't be used to calculate interest, and I don't believe that's in the law today; so I think it's basically -- had a people under the back --
REPRESENTATIVE VICKI TRUITT: That's the way they are operating now. And there is some language I think that you were asking about yesterday, that that related to the usury and, of course, in --
REPRESENTATIVE TOM CRADDICK: That's what I asked yesterday.
REPRESENTATIVE VICKY TRUITT: -- in the Constitution, any interest rate that is in excess of 10 percent is considered usury.
REPRESENTATIVE TOM CRADDICK: But that the fees under this bill --
REPRESENTATIVE VICKI TRUITT: -- and so --
REPRESENTATIVE TOM CRADDICK: -- the fees aren't included.
REPRESENTATIVE VICKI TRUITT: And so are you familiar with the Lubbock case?
REPRESENTATIVE TOM CRADDICK: I'm sorry?
REPRESENTATIVE VICKI TRUITT: The Lubbock case?
REPRESENTATIVE TOM CRADDICK: No.
REPRESENTATIVE VICKI TRUITT: There is a case law that already granted that these fees are not usury. And so what this bill does, as amended, is to make sure it only applies to their existing product, because it's already demonstrated in case law.
REPRESENTATIVE TOM CRADDICK: Is there a reason that there are thirteen people had bills and there are no -- ended up with -- I think there are thirty-five or forty people that signed under one bill, and they all wanted to fix the loophole in it. Is there any reason that you didn't look at that or wouldn't work with that?
REPRESENTATIVE VICKI TRUITT: Well, Mr. Dean Craddick, I may recall that I came to you -- and let me just reiterate that this was not a topic or subject that I really wanted to deal with, because it is so difficult and touchy. But because I'm chair of the committee I felt an obligation to not ignore the problem. The bills, and I don't think there were thirteen bills, there may be the combination of the last two --
REPRESENTATIVE TOM CRADDICK: I think there were thirteen authors and coauthors.
REPRESENTATIVE VICKI TRUITT: Okay. And I looked at those bills, and I do not believe that those bills would have may -- what I'm trying to do is pass something, and those bills that set the interest -- and -- and looking at the way those bills were structured, I think I felt that they were not be able to pass, and I wanted to try to make sure that our body passed something to make some meaningful reform.
REPRESENTATIVE TOM CRADDICK: Is it not correct that all the people that work on this had met for a year, and had the meetings during the interim, and all that, and all endorse fixing the CSO as the loophole?
REPRESENTATIVE VICKI TRUITT: I don't know of any --
REPRESENTATIVE TOM CRADDICK: They testified to that in front of your committee.
REPRESENTATIVE VICKI TRUITT: I don't know of any interim meanings about this.
REPRESENTATIVE TOM CRADDICK: Well, it wasn't an interim committee by you. It would have been -- It was an interim group with a lot of members in this House.
REPRESENTATIVE VICKI TRUITT: I'm sorry.
REPRESENTATIVE TOM CRADDICK: There are a lot of associations across -- Thank you.
REPRESENTATIVE DAVIS: Madam Speaker?
THE SPEAKER: Representative Davis, for what purpose?
REPRESENTATIVE DAVIS: Would the lady yield for a couple questions, please?
REPRESENTATIVE VICKI TRUITT: Yes, ma'am.
THE SPEAKER: The lady yields.
REPRESENTATIVE DAVIS: Thank you. I wanted to kind of get some reiteration from you in terms of what we can say this bill does, because I had lots of folks on both sides. As you well know, this is a big issue in a lot of communities. You -- expect something that would actually protect our citizens from these vendor and all these businesses. So tell, me based on where we were today, what we get from this bill.
REPRESENTATIVE VICKI TRUITT: Yes, ma'am. And thank you for asking, and thank you for your concern as well. What this bill gives us is licensing and oversight. These businesses will have to be licensed through the Office of the Consumer Credit Commissioner. Each location would have to pay a $200 license fee. There is bonding required for every location. There will be annual fees set by the Office of Consumer Credit Commissioners. And the Office of Consumer Commissioner can revoke a license for violation, after a hearing the 0CCC can review the relationship between a credit access business and their lender. The Finance Commission and the OCCC will ensure that these organizations comply with federal laws on military borrowers. Debt collection practices must comply with existing statutes. Offsite advertising is prohibited from nursing facilities, assisted living facilities, group homes, intermediate homes for persons with intellectual disabilities, or other similar facilities subject to regulation by the Department of Aging and Disability Services. There is a section on contracts. It requires that there can -- may be no prepayment penalties. There it requires that there can be no threats or pursuit of criminal charges to collect. Collection practices must comply with consumer credit laws. They must disclose lender and interest rate. They must disclose every specific fee. They must present the name, address and phone number of the OCCC and make that available to each consumer. It also, a very important piece of it, Representative Davis, is the requirement of orderly reports, so that they'll have to submit these to the Finance Commission to -- showing the number of consumers, the number of extensions of consumer credit, the number of refinancing transactions, the number of consumers refinanced, the number of consumers fingerprinted more than once, the average amount of the extensions, the total amount of the fees charged, the number of vehicles that were surrendered or repossessed, the average number of extensions; and any related information that the commissioner determines necessary. And then another important component of this bill is that it creates the Texas Financial Educational Endowment, and -- where licenses holders can -- will pay an annual assessment to improve consumer credit and financial education and asset building opportunities. And that assessment won't -- $200 for license, and it will be the administered by the Finance Commission for state wide financial education and consumer credit building activity, so we can work on enhancing financial literacy.
REPRESENTATIVE DAVIS: And I appreciate all of that, that you just outlined, because I think this is a concern that we all have had. But the one thing that I think is missing, and I would just like to make sure that we have that discussion, because there's still no protection for the consumer who has to use this vehicle as a means to get a loan. And so the fees that are still going to be charged to the customers and the penalties and fees, your bill doesn't address that, so we are still leaving our customers very vulnerable to this industry, as I see; is that correct?
REPRESENTATIVE VICKI TRUITT: Ms. Davis, this certainly doesn't do everything that I would like for it to do. The third bill in among the three was a bill that went down on a point -- well, I don't know if the point was ever -- I don't know whether it was good or not, but the bill --
REPRESENTATIVE DAVIS: And I had an amendment to that bill to try to put some --
REPRESENTATIVE VICKI TRUITT: -- that was -- that was the product bill, and that absolutely had some very specific consumer protection built in in terms of how many times they could --
REPRESENTATIVE DAVIS: And I'm just --
REPRESENTATIVE VICKI TRUITT: -- had a cooling off period, and there were some protections and --
REPRESENTATIVE DAVIS: With this bill alone, tell me, I just don't want us to leave here and I don't want customers, in particular constituents, to think that we've addressed an issue as it relates to how they are exploiting various neighborhoods. And I just wondered if there's anything that we could do at -- to your bill that would provide some level of commitment, if you will, that we would go and review this next session during the interim and the next session, because your bill just doesn't protect the customer. Now it does start regulating the industry, but your bill doesn't protect the customer. And we know that many folks are going to have to use this means to get loans. And until we put protections in for the consumer, there's still the potential of being exploded.
REPRESENTATIVE VICKI TRUITT: Yes, ma'am, I appreciate what you are saying. I truly do. And I'm disappointed that we weren't able to get the product bill to the floor. But I'm hopeful, though. I'm -- In fact, I know for a fact that if we can get these two bills through the Senate and passed into law, the House Bill 2592, which was the first bill that worked on disclosure. And then this bill, with the regulation and oversight, we have taken a step in the right direction. This is as far as we need to go --
REPRESENTATIVE DAVIS: And would you entrain, as it gets to the Senate, would you entertain language that would deal with the aspect for protections for the consumers? I mean that is where I'm having my greatest struggle, is that I know there's some great benefit to regulations for the industry, but it's still not enough to protect consumers. And so I'm just wondering would you entrain some language, or some amendments, or some additional language to provide protection for consumers as this bill moves to the Senate? Because we share your need to want to address this issue, but it's almost disingenuous to pass something that doesn't have any teeth in it, in my mind. So it appears to me that we could make -- put some stronger language in the bill that would be an incentive -- is that something that you would look at?
REPRESENTATIVE VICKI TRUITT: Well, as I said, that I regret that the products bill didn't pass. And certainly this is a process. And hopefully, every stage of this process improves a bill. And, you know, if there are things that we could look at in the Senate that that will be amenable to the both Houses and amenable to the interested parties, I would welcome the opportunity to. Because what's really important to me is that we be able to pass something that is going to help your constituents and mine, and preserve jobs in this state.
REPRESENTATIVE DAVIS: And so I guess that's a yes, you would entertain some additional language to support providing protections for the consumer, as a bill moves to the process?
REPRESENTATIVE VICKI TRUITT: Certainly.
REPRESENTATIVE DAVIS: Thank you.
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
THE SPEAKER: For what purpose?
UNIDENTIFIED MALE SPEAKER: Would the gentle lady yield?
THE SPEAKER: Would you yield, Representative Truitt?
REPRESENTATIVE VICKI TRUITT: For my committee man, I would be delighted to.
THE SPEAKER: The gentle lady yields.
REPRESENTATIVE ROB ORR: Representative Truitt, you've worked very hard on this legislation and I think we've just heard today -- we've heard people really on kind of both sides that we are not going near far enough, and others that think we have gone too far. The industry thinks we've gone too far. As a matter of fact, there's been a lot of discussions about regulations, the bills, the other twelve or thirteen bills that we just heard about, were they a lot more regulation than what this bill does?
REPRESENTATIVE VICKI TRUITT: Was what --
REPRESENTATIVE ROB ORR: The bills that came in front of our committee, was it a lot more regulation of what was trying to happen?
REPRESENTATIVE VICKI TRUITT: Well, one of the key things about the other bills was that it set their -- set interest rates and set fees. And, as I stated yesterday, I'm a free market person. I believe there's a legitimate need for these businesses. Clearly there's a need for a short term loans. These are high risk loans and the businesses that make them available are important. We need to have them --
REPRESENTATIVE ROB ORR: So you are trying to come up with a free market --
REPRESENTATIVE VICKI TRUITT: -- we need to have them.
REPRESENTATIVE ROB ORR: -- solution?
REPRESENTATIVE VICKI TRUITT: Yes, sir. And I want them to be available to -- because I fear without the businesses, that the consumers would be subjected to something that -- there's no way that we could protect them, and the black market or offshore, internet sovereign nation, illegal gangs even, that could organize to make loans available; but they would be outside the law, and that's not what we need.
REPRESENTATIVE ROB ORR: And this is on a new subject, we've been on financial institutions and pension investments for several sessions, and every session seems to be getting more and more complaints. Would you -- Can you tell us about, you know, it would -- Just a couple sessions ago there was Representative Flynn, I believe, had a bill that was trying to get passed to do some regulation -- even more regulation than this bill, I believe.
REPRESENTATIVE VICKI TRUITT: Yes, sir. This has become a perennial issue. And, like you said, every session, the drum beat gets louder and louder and the consumer advocates in churches all over the state, Goodwill, the Texan Baptist, United Way, the AARP, all of these organizations -- Texas Impact, all of these organizations have come together to convey to the Legislature that there is a need for us to act. And, on the other side, we have the industry saying we agree, there are some problems that we need to deal with, and we are willing to do that and that's why we are support supportive of this.
REPRESENTATIVE ROB ORR: So I guess what you are trying to say to the body is this, is it's time to act. We've been going through this for three or four or two or three sessions. It's getting worse and worse as it goes. And so today is the time to act. It's time to do something. It may not be what we all wanted to happen, but may be -- some of us want it but we need to do something, and we need to do it today; would you agree with that?
REPRESENTATIVE VICKI TRUITT: It is. It is. It is really needed.
REPRESENTATIVE ROB ORR: Very good.
REPRESENTATIVE VICKI TRUITT: Thank you.
UNIDENTIFIED MALE SPEAKER: Madam Speaker?
THE SPEAKER: For what purpose?
REPRESENTATIVE JOE FARIAS: For what purpose?
REPRESENTATIVE JOE FARIAS: Would the gentle lady yield for a couple questions?
THE SPEAKER: Chairman Truitt, would you yield?
REPRESENTATIVE VICKI TRUITT: Certainly.
THE SPEAKER: The lady yields.
REPRESENTATIVE JOE FARIAS: Chairman Truitt, are you aware that the last three sessions I've introduced legislation that tries to address the issue of the payday lenders and the CSOs?
REPRESENTATIVE VICKI TRUITT: Yes, sir, I have.
REPRESENTATIVE JOE FARIAS: And in this session I introduced a bill in your committee, and your bills came forward; which I'm glad, and I signed on to all three of them.
REPRESENTATIVE VICKI TRUITT: Thank you for the --
REPRESENTATIVE JOE FARIAS: But you are very welcome. But I heard -- I keep hearing about the Attorney General. Can you tell me what authority the Attorney General has in regulating and/or enforcing bad actors in that industry?
REPRESENTATIVE VICKI TRUITT: I think it has been problematic, because of them being sort of outside the law. Now there is -- there's federal law relating to military bases, but I'm not sure how well that's --
REPRESENTATIVE JOE FARIAS: The federal law says that you cannot -- your charge is not more than 36 percent, they are capped at 36 by federal law. But, even at that, the Attorney General does not have authority to regulate or to investigate --
REPRESENTATIVE VICKI TRUITT: It's been a problem.
REPRESENTATIVE JOE FARIAS: -- so; is that correct?
REPRESENTATIVE VICKI TRUITT: It's been a problem yes, sir.
REPRESENTATIVE JOE FARIAS: So, as it is right now, I understand that there is a lot of complaints to the Attorney General, and he cannot intervene or investigate any of them; is that correct?
REPRESENTATIVE VICKI TRUITT: As far as I know.
REPRESENTATIVE JOE FARIAS: Okay. And so I do believe that we need to do something, we need to act. And for three sessions, I have wanted to get something on the floor and speak on it a little bit. So all I'm asking is that the next session, you know, we caught this elephant and now we have done something with it. I don't think we've done much with it, but it's something. We need it. We need to get the floor in open debate, and I want to thank you for getting it to the floor and allowing us to hear pros and cons on this business. But I do urge you that if you are on the next session's chairman of that committee, that you commit to trying to bring some regulations to the industry. And I do want to thank you for what you've done. But I assure you, it's not going away and now that we've brought it to the light we will gain support. Thank you very much.
REPRESENTATIVE VICKI TRUITT: Thank you, Representative Farias. I really appreciate it.
THE SPEAKER: Is there anyone wishing to speak on, for, or against House Bill 2594? If not, the question occurs on final passage of House Bill 2594. This is a record vote, people. The clerk will ring the bell. Have all members voted? Show Representative Branch voting aye. Have all members voted? Show Representative Morrisson voting aye. One last time, have all members voted? There being 84 ayes 50 nays, House Bill 2594 is finally passed. Excuse Representative Otto because of HB 1 Conference Committee, on the motion of Representative Gonzalez. Chair lays out on third reading H.J.R. 135. The clerk will read the bill.
CLERK: H.J.R. 135 by Phillips. Relating to Constitutional Amendment relating to individuals or religious organizations free to exercise their religion.
UNIDENTIFIED MALE SPEAKER: Thank you, members. Just because of the time, I think we had a debate and I would move passage. Thank you for your support.
THE SPEAKER: Anyone wishing to speak on, for, or against H.J.R. 135? Chair recognizes Representative Hochberg to speak on the bill.
REPRESENTATIVE SCOTT HOCHBERG: Thank you, Madam Speaker. Members, again, briefly, we've talked about this bill a number of times. I have improved it as best I know how, and with Mr. Phillips' cooperation and help and, therefore, as I told him I would if he worked with me, I'm voting yes on this. I have not improved it to the point I could make an argument that we need the bill. My point is, if we are going to have the bill it's better than it started and it's the best I can make it. I have one constitutional expert who originally signed off on the language. Now I like this language better. I have another constitutional expert who says I don't see why you need the bill. I'm not in a position to judge between them. If this bill generates more lawsuits, it is your counties and your cities that are going to bear the brunt of those lawsuits, and that is why I believe TML and the conference of suburban counties are taking a position against. We have good constitutional language in the law now. This would put that language in our constitution. What we have now has stood up to all litigation. If we do a perfect job of moving it over to the constitution, that litigation will stand. If we don't do a perfect job, we will have more litigation. So I'm going to vote with Mr. Phillips because of the corporation and because he let me improve this bill. But I'm speaking on the amendment and I appreciate your help and your time.
THE SPEAKER: Chair recognizes Representative Geren against the bill.
REPRESENTATIVE CHARLIE GEREN: Members, thank you for your time an patience last night. And, once again, I look at this as a lawyer employment bill. And for the next ten years, all the litigation we've already gone through is going to start all over again. And each of you know that how dear to me that funeral protest legislation is and, to put that at jeopardy is not worth this. This does not need to be in the constitution. Mr. Phillips, thank you for your work. And mr. Hochberg, yours. I urge you to vote no.
REPRESENTATIVE MIKE VILLARREAL: Madam Speaker, would the gentleman yield for questions?
THE SPEAKER: Does the gentleman yield?
REPRESENTATIVE CHARLIE GEREN: I will.
REPRESENTATIVE MIKE VILLARREAL: Mr. Hochberg, do you know how many different religions there are in the world?
REPRESENTATIVE CHARLIE GEREN: I have no idea.
REPRESENTATIVE MIKE VILLARREAL: Many.
REPRESENTATIVE CHARLIE GEREN: Many is a good number, but I have no idea.
REPRESENTATIVE MIKE VILLARREAL: Do you know that there are many that believe that life does not begin at conception?
REPRESENTATIVE CHARLIE GEREN: I am aware of that. Thank you.
THE SPEAKER: Anyone wishing to speak on, for, or against H.J.R. 135? If not Chair recognizes Representative Phillips to close.
REPRESENTATIVE LARRY PHILLIPS: Thank you for the attention for this very important issue. I don't believe that we're going to spawn lawsuits. The reasons why we have restrictions on the funeral and why we can vote on those is because of the very nature of the -- how the law is written. I understand Representative Geren's position. Representative Hochberg, thank you for their time and patience. I think for yours. It's important that we protect these. I would ask you to vote for the bill. Thank you.
THE SPEAKER: Question occurs on the final passage of H.J.R. 135. Strict enforcement has been requested. Members, please vote from your desks. Members, strict enforcement vote. Members, clerk will ring the bell. You will have plenty of time to vote, everyone. Please vote from your desk. Have all members voted? There's plenty of time. Take your time. You have to vote from your desk. Have all members voted? Strict enforcement. You must vote from your desk. There's plenty of time. We will wait. Have all members voted? There being 82 ayes, 32 nays; H.J.R. 135 fails to adopt. Members, we're preparing the list that you have given your caucus chairs, and we should be ready in just a few minutes. So the House will stand at ease until 225.
(The House stands at ease.)
THE SPEAKER: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Members, the Transportation Committee meeting right up here real quick. Representative Darby and a few of those. We're just going to meet real quick and get right back down.
THE SPEAKER: Chair recognizes Representative Patrick for an introduction.
REPRESENTATIVE DIANE PATRICK: Madam Speaker and members, if I could have your attention, I would like for you to join me and welcoming to the Texas House of Representatives a group of 4th graders from Blanton Elementary School in Arlington ISD, accompanied by their teacher, Teneil Ruse. And I would like for to you stand up so we can welcome you to your Texas House of Representatives. Have a great day. Glad you are here.
THE SPEAKER: Is Representative Rodney Anderson on the floor of the House? They need him to make a quorum at the committee. Representative Rodney Anderson? Mr. Gallego and Mr. Miller? Miller is the one that's coming. House will come to order. Chair recognize Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members I would like to clear up a potential issue. I would like to suspend the 5-Day Posting Rule and all necessary rules to allow the Committee on Criminal Jurisprudence -- Criminal Jurisprudence, to meet at 9:00 a.m. on May the 16th, 2011, in our regular room, 120, to hear all of the bills that were previously posted for Tuesday, May 17th. So on Monday -- we moved our meeting from Tuesday to Monday morning, and on Monday morning we will hear Tuesday's agenda. So that's my motion to suspend the rules.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Miller for a motion.
REPRESENTATIVE DOUG MILLER: Mr. Speaker and members, I'd like to suspend the 5-Day Posting Rule to allow the Committee on Homeland Security and Public Safety to consider SB 1529 and pending business. 8:30 a.m. May the 17th. Location is E1026.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcement, The clerk will read the announcement.
CLERK: The Committee on Criminal Jurisprudence will meet at 9:00 a.m. on May 16th, 2011. At JHR 120. This will be a public hearing to consider the bills posted for Tuesday the 17th of May scheduled public hearing, on Monday May 16th. The Committee on Homeland Security and Public Safety will meet at 8:30 a.m. on May 17th, 2011, at E1.026. This will be a public hearing to consider SB 1529 and pending business.
THE SPEAKER: Chair recognizes Representative Guillen for a motion.
REPRESENTATIVE RYAN GUILLEN: Thank you Mr. Speaker, members, I move to recommit Senate Bill 252 to the Committee on Culture Recreation and Tourism.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Bonnen.
REPRESENTATIVE DENNIS BONNEN: Mr. Speaker and members, I'd like to introduce some special guests that are here in the gallery with us today. Representative Anchia, Representative Anderson, Representative Margo, Representative Kleinschmidt, Representative Brown. For those of you that are -- for those of you that are on the committee that they are on and are attempting to have a meeting up there, join them.
THE SPEAKER: Representative Geren, for what purpose?
REPRESENTATIVE CHARLIE GEREN: Parliamenta ry inquiry.
THE SPEAKER: State your inquiry.
REPRESENTATIVE CHARLIE GEREN: Is this the first committee hearing held in the gallery, or is this normal procedure?
THE SPEAKER: Chair is not advised. Chair recognizes Representative Gooden for a motion.
REPRESENTATIVE LANCE GOODEN: Mr. Speaker and members, I move to suspend the 5-Day Posting Rule to allow the Committee on County Affairs to consider HB 3832, SB 303 and SB 1906, and pending items; on the 16th of May in E2030, one hour before -- one hour before session.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcement. Clerk will read the announcement.
CLERK: The Committee on County Affairs will meet on May 16th, 2011, at E2.030. This will be a public hearing to consider HB 3832, SB 303 SB 1906 and pending items.
THE SPEAKER: Mr. Gallego?
JOE STRAUS: Mr. Gallego? Two caucuses have worked together to develop a list of bills that we will be hearing. And passing a single motion. We will be laying out the bills. There are objections and amendments first. Chair lays out on third reading HB 359. Clerk, read the bill.
CLERK: HB 359 by Allen. Relating to the use of corporal punishment in public schools.
JOE STRAUS: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: Mr. Speaker and members, currently, the State of Texas does not regulate corporal punishment in schools. I wanted to make sure that we knew there is no regulation over corporal punishment in schools today. And, in fact, school districts can administer to the students corporal punishment without parental consent and even against the wishes of the parent. The other thing that I would like you to know is that parents have no way of addressing a grievance against the school if you think your child has been well -- let say overly punished or abused or have scars from the punishment, you have no recourse. Yes, you could file a suit. But the law -- under the law, you would not win. This bill is a parental rights bill only. It does not abolish corporal punishment. It simply says -- it defines corporal punishment and it simply says that a parent has the right to determine if the district has the right to administer corporal punishment to their children. That's all that it does. It gives the districts the right to have a corporal punishment on their -- at the school district or not. They have that right. So this is a local control parent rights bill. Move passage.
THE SPEAKER: Members, anyone wishing to speak on, for, or against HB 359? If not, the question occurs on the final passage of HB 359. It's a record vote. Clerk, ring the bell. Show Mr. Lucio voting aye. Have all members voted? Mr. Gonzalez voting aye. All members voted? Mr. Geren voting aye. There being 84 ayes, 55 nays, 4 present not voting, 7 absent; HB 359 passes to -- is finally passed. Chair lays out on third reading House Bill 1244. Clerk will read bill.
CLERK: HB 1244 by Castro. Relating to developmental education courses and the assessment of student readiness under the Texas Success initiative for public institutions of higher education.
THE SPEAKER: Chair recognizes Mr. Walle.
REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. This bill is relating to the development of education courses an the assessment of the Texas public and --
THE SPEAKER: Members, anyone wishing to speak on, for, or against HB 1244? The question occurs on the passage to third -- final passage. This is a record vote. Please ring the bell. All voted? Representative Torres voting aye. All voted? There being 125 ayes, 11 nays, 2 present not voting; HB 1244 is finally passed. Chair lays out on third reading and final package HB 882. Clerk will read the bill.
CLERK: HB 882 by Alvarado. Relating to the creation of an offense prohibiting certain transactions involving malt liquor containing certain stimulants.
THE SPEAKER: Chair recognizes Representative Alvarado.
REPRESENTATIVE CAROL ALVARADO: Thank you, Mr. Speaker and members. This is a bill that we worked on, and this is the bill that prohibits the manufacture, import, sale or the possession of caffeinated malt beverages; also known as a black out in a can.
THE SPEAKER: Mr. Simpson?
REPRESENTATIVE DAVID SIMPSON: Thank you, Mr. Speaker, I would just like to ask a couple questions, please.
THE SPEAKER: Lady yield for questions?
REPRESENTATIVE CAROL ALVARADO: Yes.
THE SPEAKER: Lady yields.
REPRESENTATIVE DAVID SIMPSON: Are any of these ingredients that we're banning poisonous or harmful or -- What are we doing here?
REPRESENTATIVE CAROL ALVARADO: Yes. This is basically a beverage known as 4 Loco that has, in a 24 ounce can, it has the equivalent of 5 beers and three cups of coffee, and it has been deadly in many cases.
REPRESENTATIVE DAVID SIMPSON: Are people free not to drink these drinks?
REPRESENTATIVE CAROL ALVARADO: Yes.
REPRESENTATIVE DAVID SIMPSON: So they don't have to buy them?
REPRESENTATIVE CAROL ALVARADO: Well, no. Let me give you a little history on it. There was a voluntary ban on these drinks, because of the deaths and tragedies that occurred with kids. This beverage is being marketed to kids, and TABC doesn't have the authority to completely ban this beverage.
REPRESENTATIVE DAVID SIMPSON: Okay. But then whoever drinks these are free to drink them or free not to drink them, is that the case?
REPRESENTATIVE CAROL ALVARADO: Most of the products are off the shelves now. We are trying to make sure that they don't come back into the Texas market. We are joining thirteen other states in the country. Our Attorney General, Greg Abbott, along with twenty-eight other Attorney Generals did correspond with the FDA to try to get these products banned.
REPRESENTATIVE DAVID SIMPSON: Thank you very much.
REPRESENTATIVE CAROL ALVARADO: You are welcome.
THE SPEAKER: Representative Harless?
REPRESENTATIVE PATRICIA HARLESS: Would the gentle lady yield?
THE SPEAKER: Would the lady yield?
REPRESENTATIVE CAROL ALVARADO: I will yield to my neighbor and joint author.
THE SPEAKER: The lady yields.
REPRESENTATIVE PATRICIA HARLESS: Represen tative Alvarado, we have been talking about this for the licensing committee. The testimony was that one of these drinks included as much as five beers and three cups of coffee. Can you tell me what brand that they were marketed under before they were pulled off the shelves?
REPRESENTATIVE CAROL ALVARADO: It was known as a beverage -- it is still called 4 Loco, and it's mainly marketed to kids. And so we're trying to make sure we give TABC the tools they need to do what is necessary to get rid of these products.
REPRESENTATIVE PATRICIA HARLESS: So it's -- this isn't just like an Red Bull or energy drink?
REPRESENTATIVE CAROL ALVARADO: No, it has nothing to do with Red Bull or vodka or anything like that.
REPRESENTATIVE PATRICIA HARLESS: And the testimony that we heard in committee is that when the kids consumed this it sends a message to their receptors. They don't realize they are intoxicated until they start getting behind the wheel of a car and -- Can you tell us about that? That's correct. I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against HB 882? This is a record vote. The clerk will please ring the bell. Show Mr. Lucio voting aye. Mr. Cook voting aye. Mr. -- Have all voted? There being 118 ayes, 17 nays, 2 present not voted; HB 882 is finally passed. Chair lays out on third reading and final passage HB 51.
CLERK: HB 51 by Lucio. Relating to energy efficiency standards for certain buildings and to high-performance design, construction, and renovation standards for certain government buildings and facilities.
THE SPEAKER: Chair recognizes Mr. Lucio. REPRESENTATIVE EDDIE LUCIO, III: Thank you, Mr. Speaker and members, there is an amendment, but I guess before I lay out the bill I'll let the amendment be laid out.
THE SPEAKER: Members, there's an amendment. Following amendment, clerk will read amendment.
CLERK: Amendment by Hancock.
THE SPEAKER: Mr. Hancock?
REPRESENTATIVE KELLY HANCOCK: Yes, thank you, Mr. Speaker. All this amendment says is that the requirements are to meet the American Society of the Refrigeration code and allow the standards here. What this does is that it addresses the changes that occurred in the Senate Bills subsequent to the House Bill. I appreciate Representative Lucio allowing me to offer this amendment.
THE SPEAKER: Representative Hancock offered up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Lucio to close on this bill. REPRESENTATIVE EDDIE LUCIO, III: Thank you Mr. Speaker and members, I worked very closely with many stake holders for two sessions now. I think there is some issues with TCC. That amendment, I hope, cleared up those issues. Both of the gentleman -- both the chairman of State Affairs and Representative Hancock and I have been working for the last two hours or so to fix any concerns. This was voted out of committee eleven to zero off State Affairs. This is an energy efficiency bill. I will yield if there are some questions. Yes, Mr. Speaker?
UNIDENTIFIED MALE SPEAKER: Mr. Speaker?
THE SPEAKER: Will the gentleman yield for questions?
UNIDENTIFIED MALE SPEAKER: Thanks. Does this legislation have anything to do with the, you know, agenda 21? REPRESENTATIVE EDDIE LUCIO, III: No.
UNIDENTIFIED MALE SPEAKER: So none of this language has been adopted for any of the sustainability programs or what they refer to as smart growth? REPRESENTATIVE EDDIE LUCIO, III: No, sir.
UNIDENTIFIED MALE SPEAKER: Thank you very much. I would appreciate if we could get that reduced to writing for the legislative intent.
THE SPEAKER: There's no objection. REPRESENTATIVE EDDIE LUCIO, III: Thank you.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Anyone wishing to speak on, for, or against House Bill 51? Representative Cook.
REPRESENTATIVE BYRON COOK: Just real briefly, Representative Lucio, you say of the -- I'm -- I think we are all convinced this will save the taxpayers money, and I appreciate and support this bill.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 51? Question occurs on passage -- to final passage. This is a record vote. The clerk will ring the bell. Show Mr. Hancock voting aye. Show Mr. Lucio voting aye. Show Mr. Cook voting aye. Have all voted? There being 97 ayes, 33 nays and 2 present not voting; HB 51 is finally passed. Chair lays out on third reading and final passage House Bill 278. The clerk will please read the bill.
CLERK: HB 278 by Alonzo. Relating to pretrial hearings in criminal cases.
THE SPEAKER: Chair recognizes Mr. Alonzo.
REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Speaker and members. This is a bill that originally came out in the committee just asking for a motion for a pretrial. But yesterday we added an amendment, that was put together by Representative Gallego, that talked about this. This not including misdemeanors, so traffic tickets. And also that decisions be made as soon as possible. Move adoption or move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 278? This is a record vote. The clerk will please ring the bell. Show Mr. Weber voting aye. Have all voted? Have all voted? There being 105 ayes and 33 nays, 1 present not voting; HB 278 is finally passed. Chair lays out on third reading and final passage House Bill 550. The clerk will please read the bill.
CLERK: HB 550 by Dutton. Relating to the general fishing licenses to residents 65 years old or older.
THE SPEAKER: Chair recognizes Representative Dutton. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Mr . Speaker and members, this is a bill that we passed yesterday that lowered the age at which a person can get a free license, a fishing license, from 81 down to 75. I heard from a number of members that said that they wanted it at 70, so I have an amendment to do that.
THE SPEAKER: Chair lays out the amendment. The clerk will read the amendment.
CLERK: Amendment by Dutton.
THE SPEAKER: Chair recognizes Representative Dutton. REPRESENTATIVE HAROLD V. DUTTON, JR.,: Th is is just a change from 81 to 70, members, I move adoption.
THE SPEAKER: Members, the amendment is withdrawn. Anyone wishing to speak on, for, or against HB 550? The question occurs on the final passage of HB 550. The clerk will ring the bell. Have all voted? There being 132 ayes, 7 nays, 1 present not voting; HB 550 is finally passed. Chair lays out on third reading and final passage HB 940. Clerk will read the bill.
CLERK: HB 940 by Dukes. Relating to a person subjected to prosecution for improper relationship between an educator and a student.
THE SPEAKER: Chair recognizes Representative Dukes, Farrar. Chair recognizes Mr. Zedler.
REPRESENTATIVE BILL ZEDLER: Mr. Speaker and members, HB 940 makes it an offense for a professional educator, such as a teacher, administration or counsel, having an improper relationships with the students in their district; regardless of age. Current law already prevents educators from having improper relationships with the students at the same campus. This bill would simply extend the rule district wide, and I have an amendment to the bill.
THE SPEAKER: There's an amendment. The Chair lays out the amendment. Clerk will read the amendment.
CLERK: Amendment by Davis of Dallas.
THE SPEAKER: Chair recognizes Representative Davis of Dallas.
REPRESENTATIVE DAVIS: Thank you, Mr. Speaker and members, this just says that once there's an investigation started with regard to an educator having improper relationship with a student, it's continued whether the educator retires, quits or changes locations.
THE SPEAKER: Representative Davis sends up an amendment. The amendment is acceptable. Is there any objection? Chair hears none. The amendment is adopted. Anyone wishing to speak on, for, or against House Bill 940? All those -- This is a record vote, means that this is a final passage. Clerk, ring the bell. Have all voted? There being 138 ayes, 1 no, 2 present not voting; HB 940 is finally passed. Members, please excuse Representative Helen Giddings because of business in the district, on a motion by Representative Turner. Is there any objection? Chair hears none. Please excuse Representative Turner because of a conference committee on HB 1, on a motion by Representative Brown. Any objection? Chair hears none. Madam Doorkeeper?
THE DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
THE SPEAKER: Admit the messenger.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House the Senate is taking the following action: The Senate has passed the following measures: HB 92 by Cooks Estes. Relating to the regulations of -- by certain counties committee substitute amendmented -- HB 205 --
THE SPEAKER: Thank you. Chair lays out on third reading and final passage HB 159. The clerk will read the bill.
CLERK: HB159 by Raymond. Relating to resumption of employment by certain retirees within by the Texas Municipal Retirement System.
THE SPEAKER: Chair recognizes Mr. Raymond.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker and members. Members, committee substitute HB 159 allows the individual who resumes employment with their former municipal employer to receive the benefits that they would have received during the freeze, when they retire again. And this would only be if someone had worked with a city, retired, they are getting their retirement that they put into it, and they've been gone for at least eight years. What we don't want is we don't want somebody to retire and then six months later come back to the same city. We put a very high bar on there. I appreciate Chairwoman Truitt working with me on this. Nobody on the committee opposed it, but it's important that somebody who put their own money in there can get their money back if they decide to go back to work with the same city, and it's been at least eight years. It's been a long time. Now they won't get their retirement while they are working, but when they re retire, they will get a lump sum for whatever they were entitled to. They will lose interest on that at that stage with the Texas Municipal Retirement System, but they'll get the lump sum that they were entitled to.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker?
THE SPEAKER: Mr. Hilderbran?
REPRESENTATIVE HARVEY HILDERBRAN: Would the gentleman yield for some questions?
REPRESENTATIVE RICHARD RAYMOND: Yes.
THE SPEAKER: Would the gentleman yield?
REPRESENTATIVE RICHARD RAYMOND: Yes.
THE SPEAKER: Gentleman yields.
REPRESENTATIVE HARVEY HILDERBRAN: Okay. Representative Raymond, under current -- Tell us about what current law provides right now.
REPRESENTATIVE RICHARD RAYMOND: Current law is that if you work for a city, and you retire, you can go work for another city the next day. You still have a retirement check and you are going to get another paycheck. That's current law.
REPRESENTATIVE HARVEY HILDERBRAN: So your --
REPRESENTATIVE RICHARD RAYMOND: But if you try to go back to the same city, you know, what we tried to stop was -- we didn't want somebody to get their retirement check and six months later come back to the same city. So what we've done here is that we made an 8 year bar. You've been gone for at least eight years, clearly there's not going to be any inside deal. You've just been gone for a while but something came up that you were interested in, it's been at least eight years, you applied for it and you got it.
REPRESENTATIVE HARVEY HILDERBRAN: And the municipal mentioned system is --
REPRESENTATIVE RICHARD RAYMOND: In fact, the TMRS still comes out ahead, because they get to keep the interest on your money that was in there while you were working again.
REPRESENTATIVE HARVEY HILDERBRAN: And this would stop this double dipping and --
REPRESENTATIVE RICHARD RAYMOND: And again, I do believe that you don't want somebody to retire and be able to go back to the same municipality six months later, or a year later. Because, you know, there could be some -- Let us just call it the inside deal or whatever. But --
REPRESENTATIVE HARVEY HILDERBRAN: Yeah, and we wouldn't allow that to happen.
REPRESENTATIVE RICHARD RAYMOND: No. And this -- And if it's been this long, obviously you are allowing somebody with good experience that decided to go back to the workplace or, you know, the city felt like these are some skills that we could use, for that person not to lose their money.
REPRESENTATIVE HARVEY HILDERBRAN: Thank you.
REPRESENTATIVE RICHARD RAYMOND: Move passage.
THE SPEAKER: HB 159. The question occurs on final passage of HB 159. This is a record vote. Clerk will ring the bell. Show Representative Riddle voting aye. Have all voted? Show Representative Strama voting aye. Have all voted? There being 91 ayes, 49 nays, 1 present not voting. H.B. 159 is finally passed. Chair lays out on third reading and time passage H.B. 1476. The clerk will please read the bill.
CLERK: HB 1476 by Ritter. Relating to the grounds to revocation of an emergency medical services personnel certification.
THE SPEAKER: Chair recognizes Representative Ritter.
REPRESENTATIVE RITTER: Thank you, Mr. Speaker, and members. What this bill does is actually just changes two words from is to has been. What this does is it allows our emergency medical services to do a background check, and if there is someone with 3-G offenses, which is quite serious, then they can be suspended and their licenses revoked. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 1476? The question occurs on the final passage of H.B. 1476. It's a record vote. Clerk will please ring the bell. Have all voted? Show Representative Gooden voting aye. Mr. Solomons voting aye. Have all voted? There being 149 ayes, 1 nay, 2 present not voting; h.B. 1476 is finally passed. Chair lays out on third reading and final passage H.B. 1608. The clerk will read the bill.
CLERK: HB 1608 by Strama. Relating to participation in and contribution to a state employee chartable campaign by the state employee.
THE SPEAKER: Chair recognizes Representative Strama.
REPRESENTATIVE MARK STRAMA: Thank you, Mr. Speaker. This bill allows retired state employees to continue to participate in the voluntary charitable giving campaign, just as they can when they are state employee. So they -- can have at their choice, have a voluntary deduction from their paycheck to go towards the charity of their choice, if they choose to do so. And I move passage.
THE SPEAKER: Please excuse Representative Geren because of important business in the district, on a motion of Representative Ritter. Is there any objection? Chair hears none. So ordered. Anyone wishing to speak on, for, or against H.B. 1608? Question occurs on the final passage of H.B. 1608. Record vote. Please ring the bell. Show Representative Sheffield voting aye. Have all members voted? There being 134 ayes, 4 nays and 2 present not voting; h.B. 1608 is finally passed. Chair lays out on third reading and final passage H.B. 1677. Clerk will please read the bill.
CLERK: HB 1677 by Rodriguez. Relating to the administration of funding the retirement systems for firefighters in certain municipalities.
THE SPEAKER: Chair recognizes Mr. Rodriguez.
REPRESENTATIVE RODRIGUEZ: Thank you, Mr. Speaker and members. This bill amends the -- relief retirement fund -- governing statutes to -- the increase in both the city of Austin and contribution. Move passage.
REPRESENTATIVE DONNA HOWARD: Mr. Speaker?
THE SPEAKER: Representative Howard?
REPRESENTATIVE DONNA HOWARD: Would the gentleman yield for few questions?
THE SPEAKER: Gentleman yield?
REPRESENTATIVE RODRIGUEZ: I do.
THE SPEAKER: Gentleman yields.
REPRESENTATIVE DONNA HOWARD: Representati ve Rodriguez, is it true that Austin fire fighters agreed the increase to increase their pension contributions in lieu of pay raises?
REPRESENTATIVE RODRIGUEZ: Yes. During the last bargaining agreement, 2009, with the City of Austin, the firefighters requested the City to substitute 4 percent in employer contribution in lieu of the budget pay raises. The city counsel was in unanimous support of this, as provided by their resolution of support.
REPRESENTATIVE DONNA HOWARD: Are the fire fighters on Social Security?
REPRESENTATIVE RODRIGUEZ: The fire fighters are not on Social Security. So this is -- the pension is really all they have.
REPRESENTATIVE DONNA HOWARD: And these -- They agreed to these contributions -- this will secure an adequate standard of living, since they do not have Social Security?
REPRESENTATIVE RODRIGUEZ: That's right.
REPRESENTATIVE DONNA HOWARD: It's my understanding that the City of Austin in an agreement with these pension increases; is that correct?
REPRESENTATIVE RODRIGUEZ: That's right. Both the fire fighters and Austin and the City of Austin are in agreement and the reason why we need legislation for the local bill, which is the question coming up here, is that since Austin firefighters operate under state law with regard to the pensions going to legislature, to secure current contributions is part of the language in the bargaining agreement. And when the firefighters voted in 2010 to contribute their additional 3 percent. So without this there's a chance that the whole agreement would just maybe go -- would not work.
REPRESENTATIVE DONNA HOWARD: So that's the only reason that is coming here, so this is really a local bill, a local decision, this is something that the cities agreed upon and the firefighters, it's worked out?
REPRESENTATIVE RODRIGUEZ: That's right.
REPRESENTATIVE DONNA HOWARD: Thank you very much.
THE SPEAKER: Mr. Orr?
REPRESENTATIVE ROB ORR: Mr. Speaker, would the gentleman yield?
THE SPEAKER: Would the gentleman yield?
REPRESENTATIVE RODRIGUEZ: I yield.
THE SPEAKER: Gentleman yields.
REPRESENTATIVE ROB ORR: Representative Rodriguez, I just have a couple of questions. And you know this came through our committee and I just -- City of Austin has more city employees than any other cities in the state. With would you agree with that?
REPRESENTATIVE RODRIGUEZ: That's right.
REPRESENTATIVE ROB ORR: And so with that, at a time when we are looking at reducing benefits for state employees and we are cutting and laying off state employees, but we are asking for us to codify this collective bargaining agreement between the City of Austin; is that correct?
REPRESENTATIVE RODRIGUEZ: What I'm asking you to do is, since the Austin firefighters operate under state law and they don't have Social Security, this is part of their agreement. Is to codify it and that's actually what the actuaries are wanting to see as well. What I'm asking this body to do is to okay this agreement that the City of Austin and the firefighters made.
REPRESENTATIVE ROB ORR: What's the percentage of the firefighters that goes to the pensions in this plan, do you know?
REPRESENTATIVE RODRIGUEZ: I couldn't hear you.
REPRESENTATIVE ROB ORR: What's the percentage of benefits or percentage of salary that goes towards the benefits for Austin firefighters?
REPRESENTATIVE RODRIGUEZ: I'm not a hundred percent sure.
REPRESENTATIVE ROB ORR: I believe it's in that committee was over 40 percent goes. And so the taxpayers in Austin are going to have to fund those benefits is that --
REPRESENTATIVE RODRIGUEZ: That's the decision that the city council has made. We also talked about local control, and we've been talking about this all session long and that's -- we're basically the city -- and the local firefighters have made an agreement that's local control --
REPRESENTATIVE ROB ORR: Really what we are doing is we are tying the hands of the city of Austin --
REPRESENTATIVE RODRIGUEZ: No, we are not. Well, the City of Austin wanted me -- is in support of this bill. How is --
REPRESENTATIVE ROB ORR: -- it has to come back to the state. The reality of the Austin -- the City of Austin, if there was a change in a budget, can they do it on their own or do they have to come back to the state now and make changes?
REPRESENTATIVE RODRIGUEZ: This is budgeted for the next four years. This is what they've established in the budget, that they are going to have to -- in the next four years. And every state would have to make accommodations for any kind of changes that happens. I mean, any kind of economic changes that happens the City of Austin is going to have to make decisions --
REPRESENTATIVE ROB ORR: Seems like a very difficult time for us when we are struggling and --
REPRESENTATIVE RODRIGUEZ: No. I appreciate your concern for the citizens of Austin, Mr. Orr. I really do. Thank you very much.
REPRESENTATIVE ROB ORR: Thank you very much.
THE SPEAKER: Mr. Strama?
REPRESENTATIVE MARK STRAMA: Would the gentleman yield?
REPRESENTATIVE RODRIGUEZ: I yield.
THE SPEAKER: Gentleman yields.
REPRESENTATIVE MARK STRAMA: Thank you Representative Rodriguez, I just want to ask a couple of simple things for the body to understand. It's my understanding your bill doesn't cost any state revenue; is that correct?
REPRESENTATIVE RODRIGUEZ: Absolutely not.
REPRESENTATIVE MARK STRAMA: Your bill doesn't commit the state to any financial obligations whatsoever; is that correct?
REPRESENTATIVE RODRIGUEZ: That's correct.
REPRESENTATIVE MARK STRAMA: In the interest of local control, your bill reflects an agreement that was a commitment by the City of Austin adopted unanimously by the Austin City Counsel; is that correct?
REPRESENTATIVE RODRIGUEZ: That's correct.
REPRESENTATIVE MARK STRAMA: And part of the agreement that the city made in the context of these very difficult budget times that we just referred to, was that it would commit to the employees, it would join them in substantiating that agreement in state law by asking the legislature to adopt your legislation; is that correct?
REPRESENTATIVE RODRIGUEZ: That's correct.
REPRESENTATIVE MARK STRAMA: So this is a locally agreed to deal costing the state nothing. A fiscally responsible decision that the city council made and that it committed that it would substantiate the state law through this legislation; is that correct?
REPRESENTATIVE RODRIGUEZ: That is absolutely correct.
REPRESENTATIVE MARK STRAMA: I appreciate this legislation. Thank you.
REPRESENTATIVE MARK STRAMA: Thank you.
REPRESENTATIVE RODRIGUEZ: Move passage.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker?
THE SPEAKER: Yes, sir. Mr. --
UNIDENTIFIED MALE SPEAKER: Would the gentleman yield?
REPRESENTATIVE RODRIGUEZ: I yield.
THE SPEAKER: Gentleman yields.
UNIDENTIFIED MALE SPEAKER: Well, till we got to talking about it I thought it was all okay. But now I got a question to you. If this is a local control, why do we need to vote on it?
REPRESENTATIVE RODRIGUEZ: Okay. I want to read again. I am going to explain again.
UNIDENTIFIED MALE SPEAKER: But does the City of Austin have the authority to do this without bringing to the legislature?
REPRESENTATIVE RODRIGUEZ: Part of the agreement is that it's codified.
UNIDENTIFIED MALE SPEAKER: But do they have the authority to do it without bringing it to the legislature?
REPRESENTATIVE RODRIGUEZ: Say that one more time.
UNIDENTIFIED MALE SPEAKER: Do they have the authority to make this agreement without bringing it to the legislature?
REPRESENTATIVE RODRIGUEZ: They have an authority to make the agreement --
UNIDENTIFIED MALE SPEAKER: And control -- and why wouldn't we look give them the authority to make other agreements? I mean why are we putting this in state law if it's local control --
REPRESENTATIVE RODRIGUEZ: Part of the agreement is that it's codified. So, Mr. Chairman, that's part of that agreement. What I'm trying to do here is that --
UNIDENTIFIED MALE SPEAKER: I'm just trying to figure out what --
THE SPEAKER: Representative Sheffield raises a point of order. The gentleman's time has expired. The point of order is well taken and sustained.
REPRESENTATIVE RODRIGUEZ: I move adoption.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 1677? Representative Miller.
REPRESENTATIVE DOUG MILLER: Members, I won't take much of your time. I will just be real quick. The reason they wanted us to codify it is so that it could never be changed, and so that will take local control. This is about COLAS, members, that the cost of living adjustments for these employees. Well the new hires are to have less benefits so that they can pay this one group of employees more. These benefits would go up where everyone else's go down. I urge you to vote no on this, H.B. 1677.
THE SPEAKER: Chair recognizes Representative Rodriguez to close on his bill.
REPRESENTATIVE RODRIGUEZ: Members, it's really been, I think, this bill has been I think a little bit misunderstanding here. This is at the City of Austin, and the firefighters came to an agreement in the course of three or four years, if I remember. If I, Mr. Chairman, what you were saying is that if we don't pass this bill, Chairman, I think if we don't pass this bill, we are giving -- I don't understand that. That doesn't make any sense to me. If the City Of Austin and the people of Austin voted for all of these, the counsel, if they wanted to make a decision to budget out for three or four years then they can make that decision. I think we are we are serious about local control we will pass this bill. I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 1677? Question occurs on final passage of H.B. 1677. This is a record vote. The clerk will please ring the bell. Have all voted? Have all voted? There being 54 ayes, 84 nays, 2 present not voting; H.B. 1677 fails to pass. Chair lays out on third reading and final passage H.B. 1793. The clerk will please read the bill.
CLERK: HB 1793 by Gutierrez. Relating to the practice of cosmetology.
THE SPEAKER: Chair recognizes Representative Martinez to explain the bill.
REPRESENTATIVE MARTINEZ: Thank you, Mr. Speaker. H.B. 1793 amends the occupations to allow cosmetologist to shave the neck, beard and mustache with a safety razor.
THE SPEAKER: Anyone wishing to speak on, for, or against 1793? This is a record vote. The clerk will please ring the bell. Have all voted? All voted? There being 135 ayes and 3 nays, H.B. 1793 is finally passed. Chair lays out on third reading and final passage H.B. 3542. The clerk will please read the bill.
CLERK: HB 3542 by Gonzalez of Williamson. Relating to the supplemental payment for retirees in the Teacher Retirement System of Texas and the unfunded actuarial liabilities allowed under that system.
THE SPEAKER: Chair recognizes Mr. Gonzalez of Williamson.
REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker and members, this bill allowed the TRS board of trustees to authorize a one time supplemental payment to TRS retirees when two thresholds are met. That is in earnings exceeding 8 percent in a system funding level of 80 percent or above.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 3542. This is a record vote. The clerk will please ring the bell. Have all voted? All voted? There being 136 ayes, 1 nay; H.B. 3542 is finally passed. Chair lays out on third reading and final passage H.B. 3064. The clerk will please ring -- read the bill.
CLERK: HB 3064 by King of Parker. Relating to preventing the fraudulent issue and use of disabled parking placards.
THE SPEAKER: Chair recognizes Representative King of Parker.
REPRESENTATIVE KING: Members, this bill from yesterday deals with the disabled parking permit, and there's an amendment. And it's acceptable to the author.
THE SPEAKER: Amendment, the clerk will read the amendment.
CLERK: Amendment by Shelton.
THE SPEAKER: Chair recognizes Representative Shelton.
REPRESENTATIVE MARK SHELTON: Members, this takes out the -- requirements in the bill. And it's acceptable to the author.
THE SPEAKER: Representative Shelton sends up an acceptable amendment to the author. Is there any objection? Chair hears none. So ordered. Amendment is adopted. Anyone else wishing to speak on, for, or against H.B. 3064? Question occurs on final passage of H.B. 3064? All those in favor -- sorry -- Record vote. Ring the bell. All voted? Have all voted? There being 136 ayes, 0 nays, H.B. 3064 is finally passed. Chair lays out on third reading and final passage, H.B. 25. The clerk will read the the bill.
CLERK: HB 2535 by Guillen. Relating to the carrying of certain weapons in a watercraft.
THE SPEAKER: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members. H.B. 25 expands Texas gun laws the freedom to carry weapon -- water craft. And there are a couple of amendments.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 25? Question occurs on the passage of H.B. 25. This is a record vote. Clerk will please ring the bell. Have all voted? All voted? There being 137 ayes, 0 nays; H.B. 25 is finally passed. Chair lays out on third reading and final passage H.B. 254. The clerk will please read the bill.
CLERK: HB 254 by Hilderbran. Relating to establishing the Texas Darby.
THE SPEAKER: Chair recognizes Representative Hilderbran.
REPRESENTATIVE HILDEBRAN: Mr. Speaker and members, this is the bill that establishes the Texas Darby. It is not an expansion of gambling. It works within the current system. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 254? The question occurs on the final passage of H.B. 254. This is a record vote. Clerk will please ring the bell. Have all voted have all voted? There being 101 ayes, 34 nays, 2 present not voting; H.B. 254 is finally passed. Chair lays out on third reading and final passage H.B. 2119. The clerk will please read the bill.
CLERK: HB 2119 by Madden. Relating to the requirement that the Texas Correctional Office on Offenders with Medical or Mental Impairments provide certain services and programs.
THE SPEAKER: Chair recognizes Mr. Madden.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker and members, H.B. 2119 states that the Texas Correctional Office on offenders with the medical mental impairments made is not required provide the services to juveniles if the funds are not -- I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against 2119? This question occurs on final passage of H.B. 2119. This is a record vote. The clerk will please ring the bell. Have all voted? All voted? Show Representative Eiland voting aye. All voted? There being a 134 ayes, 0 nays; H.B. 2119 is finally passed. Chair lays out third reading an final passage, H.B. 25 -- 2357. The clerk will read the bill.
CLERK: HB 2757 by Pickett. Relating to motor vehicles, providing penalties.
THE SPEAKER: Chair recognizes Mr. Pickett.
REPRESENTATIVE PICKETT: Mr. Speaker and members, this is the vehicle title registration bill that we talked about yesterday.
THE SPEAKER: There's an amendment. Clerk will read amendment.
CLERK: Amendment by Pickett.
THE SPEAKER: Chair recognizes Mr. Pickett.
REPRESENTATIVE PICKETT: Thank you, Mr. Speaker, this is a perfecting amendment. Lead counsel stays up real late to -- this. I'll wait until it gets up on your screen. If you look in there, it says on page 82, for instance, after the word accordance it should say with on line 18, after accordance on line 18 it should say with. It adds military (inaudible) Move adoption.
THE SPEAKER: Anyone else wishing to speak on, for, or against the amendment? The amendment is acceptable to the author. Is there any objection? Chair hears none. So adopted. Anyone wishing to speak on, for, or against H.B. 2357? Question occurs on final passage of H.B. 2357. This is a record vote. The clerk will please ring the bell. All voted? Have all voted? There being 132 ayes, 4 nays, 2 present not voting; H.B. 2357 is finally passed. Chair lays out third reading and final passage H.B. 2507. The clerk will please read the bill.
CLERK: HB 2507 by Chisum. Relating to the offense of installing an irrigation system without a license.
THE SPEAKER: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you members, I want to postpone this bill to the end of the calendar.
THE SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out on third reading and final passage H.B. 3461. The clerk will please read the bill.
CLERK: H.B. 3461 by Margo. Relating to transferring adult education and literacy programs to the Texas Higher Education Coordinating Board from the Texas Education Agency.
THE SPEAKER: Chair recognizes Representative Margo.
REPRESENTATIVE DEE MARGO: Thank you Mr. Chairman. This is the bill we passed yesterday simply removing the control for adult basic education and putting it from the TEA to the Higher Ed Coordinating Board. It doesn't change the partnership with the TEA, the Coordinating Board or the Texas Work Force Commission. It's positive, it's good. It's good for adults, it's good for adult education. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 3461? The question occurs on the final passage on H.B. 3161. All those in favor -- I'm sorry. Record vote. Clerk will please ring the bell. Have all voted? All voted? There being 99 ayes, 37 nays, H.B. 3461 is finally passed. Chair lays out on third reading and final passage of H.B. 3691. The clerk will please read the bill.
CLERK: HB 3691 by Gallego. Relating to provisions of certain programs services by community supervision and correctional departments.
THE SPEAKER: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker and members. This is the bill that allows contrast for provision services.
THE SPEAKER: Amendment, the Chair lays out the amendment. Clerk will read the amendment.
CLERK: Amendment by Allen.
THE SPEAKER: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: This amendment would adopt a single system of progressive discipline rights act measures for violations of conditions of community perfections. This would include the sanctions for failing to your fees, pay your fines, cost of failing to report to your community supervisor on time.
THE SPEAKER: Representative Allen offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Anyone wishing to speak on, for, or against H.B. 3691? Question occurs on the final passage of H.B. 3691. This is a record vote. The clerk will please ring the bell. Have all voted? Have all voted? There being 131 ayes, 3 nays, 2 present not voting; h.B. 3691 is finally passed. Chair lays out on third reading and final passage H.B. 804. Clerk will read the bill.
CLERK: HB 804 by Lewis. Relating to the offense of illegal voting by a person who is not a United States citizen.
THE SPEAKER: Chair recognizes Mr. Lewis.
REPRESENTATIVE TRYON LEWIS: Thank you, Mr. Speaker and members, this is the bill that provides for a separate offense for a voting by non citizens, and clarifies the burden of proof. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against H.B. 804? Question occurs on the final passage of H.B. 804. This is a record vote. The clerk will please ring the bell. Have all voted? Have all voted? There being a 110 ayes, 16 nays, 9 present not voting; H.B. 804 is timely passed. Chair lays out Chair lays out third reading and final passage House Bill 2884. The clerk will read the bill.
CLERK: HB 2884 by Solomons. Relating to coordinated county transportation authorities; creating an offense.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker and members. This made some changes in coordinating county -- coordinating county is an authority county, applies to Denton County, and I move passage.
THE SPEAKER: Anyone else wishing to speak on, for, or against House Bill 2884? The question occurs on the final passage of House Bill 2884. This is a record vote. The clerk will please ring the bell. Have all voted? Have all voted? There being 133 ayes, 1 nay and 2 present not voting; house Bill 2884 is finally passed. Chair lays out on the third reading and final passage House Bill 189. The clerk will please read the bill.
CLERK: HB 189 by Smith of Tarrant. Relating to the criminal and civil consequences for certain intoxication offenses and to certain fees associated with the enforcement and administration of certain of those consequences.
THE SPEAKER: Chair recognizes Mr. Smith of Tarrant.
REPRESENTATIVE SMITH: This bill allows, Mr. Speaker, and members, this bill allows a new alternative punishment in first time DWI cases, personal injury or property damage. It's supported by Mothers Against Drunk Driving, police chiefs, prosecutors, judges, and the Texas Conservative Coalition.
THE SPEAKER: Amendment, clerk will read amendment.
CLERK: Amendment by Gallego.
THE SPEAKER: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you Mr. Speaker. This clarifies some language with the breathalyzer that's currently used. And it is acceptable to the author.
THE SPEAKER: Mr. Gallego sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Following amendment, The clerk will read the amendment.
CLERK: Amendment by Gallego.
THE SPEAKER: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker, members, this addresses some additional options for judges on DWI offenses, and it's acceptable to the author.
THE SPEAKER: Mr. Gallego sends up an amendment. Is there any objection to the amendment? Chair hears none. The amendment is adopted. Anyone wishing to speak on, for, or against House Bill -- final passage of House Bill 189? This is a record vote. The clerk will please ring the bell. Have all voted? Have all voted? There being 125 ayes, 2 -- 11 nays, two present not voting; House Bill 189 is finally passed. Chair lays out on third reading and final passage House Bill 2884. Clerk will read the bill. Oh, oh, oh, Chair lays out House Bill 31.
CLERK: HB 31 by Guillen. Relating to the period of license suspension after moving violations for a holder of a provisional driver's license.
THE SPEAKER: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members, House Bill 31 addresses drivers younger than 18 years of age to exhibit -- maturity in the driving record of a holder of the provisional license has been involved in three moving violations over a 12 month period. And there is one amendment.
THE SPEAKER: Chair lays out the amendment. Clerk will read it.
CLERK: Amendment by Guillen.
THE SPEAKER: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker and members. This just removes the amendment that was added on the second amendment, the Ritter amendment, with the provision Representative Ritter, and it's satisfies yesterday's concern and it is acceptable to the author.
THE SPEAKER: Representative Guillen sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Anyone wishing to speak on, for, or against HB 31 question occurs on the final passage of House Bill 31? All those -- I'm sorry. It's a record vote. The clerk will ring the bell. All voted? There being 138 ayes, 1 nay; House Bill 31 is finally passed. Chair lays out third reading and final passage House Bill 3275. Clerk will read bill.
CLERK: HB 3275 by Coleman. Relating to the operation and governance of tax increment financing reinvestment zones.
REPRESENTATIVE GARNET COLEMAN: Thank you very much, Mr. Speaker and members. What this bill does is make some minor change to the tools of a tax increment reinvestment zone, or a CHIP, passed through earlier today by Mr. Pickett that created highway charges or CHIPS. What this does is it authorizes those taxing units that appoint a member to the governing board of a reinvestment zone, providing the taxing and has proved the payment to the tax increment fund for the the zone, it's how they get to the point. This bill does not initiate any new taxes, doesn't involve the taxes of the State of Texas. There's no state taxes involved at all. It's passed out of committee, 11 ayes, 0 nays. And it's -- it's -- bill.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 3275? The question occurs on the final passage of HB 3275. Clerk will please ring the bell. Have all voted? Have all voted? There being 134 ayes, 1 nay, House Bill 3275 is finally passed. Chair lays out third reading and final passage House Bill 2408. Clerk, please read the bill.
CLERK: HB 2408 by Darby. Relating to the regulation and proceedings of the title insurance agency.
THE SPEAKER: Chair recognizes Mr. Darby.
REPRESENTATIVE DREW DARBY: Members, this is a high insurance bill and I think there's 1 perfecting amendment --
THE SPEAKER: Chair lays out the amendment. Clerk will read amendment.
CLERK: Amendment by Darby.
THE SPEAKER: Chair recognizes Mr. Darby.
REPRESENTATIVE DREW DARBY: Thank you members. This amendment just cleared up a clerical error. I would like to read this for legislative intent. For the legislative intent purposes I would like to state for the record that it is not intent of the bill to change the long standing meaning of Section 2502.00055-A1. Thank you. With that, members, move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 2408? All those -- I'm sorry. This is a record vote. Please ring the bell. All voted? Have all voted? There being 134 ayes, 1 nay, 2 present not voting; house Bill 2408 is finally passed. Chair lays out on third reading and final passage on House Bill 963. The clerk will please read the bill.
CLERK: HB 963 by Hartnett. Relating to constitution proceedings regarding cruelty to animals.
THE SPEAKER: Chair recognizes Representative Hartnett.
REPRESENTATIVE HARTNETT: Thank you, Mr. Speaker. Members, this bill clarifies the appeals process from civil judgments forfeiting cruelly treated animals to the state, and also streamlines and provides for appeals with the right to trial by jury. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 963? Question occurs on the final passage of House Bill 963. This is a record vote. The clerk will ring the bell. Have all voted? All voted? There being 122 ayes, 15 nays; House Bill 963 is finally passed. Chair lays out on third reading and final passage on House Bill 2060. The clerk will please read the bill.
CLERK: HB 2060 by Pena. Relating to the confidentiality of certain information regarding state election inspectors.
THE SPEAKER: Chair recognizes Mr. Pena.
REPRESENTATIVE AARON PENA: This relates to the confidentiality of certain information regarding the elections. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 26? This is a record vote. Clerk will ring the bell. All voted? All voted? There being 138 ayes, 7 nays, 2 present not voting; house Bill 2060 is finally passed. Chair lays out on third reading and final passage House Bill 2722. The clerk will read the bill.
CLERK: HB 20722 by Perry. Relating to the state Medicaid program as the payor of last resort.
THE SPEAKER: Chair recognizes Representative Perry.
REPRESENTATIVE CHARLES PERRY: Members, this just makes Medicaid payor of the last resort.
THE SPEAKER: Okay. Anyone wishing to speak on, for, or against House Bill 2722? This is a record vote. Clerk will ring the bell. Have all voted? All voted? 121 ayes, 10 nays; House Bill 2722 is finally passed. Chair lays out third reading and final passage House Bill 677. The clerk will read the bill.
CLERK: HB 677 by Lucio. Relating to cognitive-linguistic or neuro-cognitive assessments of participants in extracurricular athletic activities sponsored or sanctioned by the University Interscholastic League.
THE SPEAKER: Chair recognizes Mr. Lucio. REPRESENTATIVE EDDIE LUCIO, III: Thank you, Mr. Speaker, members, if you remember yesterday Representative Hancock added an amendment to this. That made it strictly permissive. So this is not a mandate, this is a model. If school districts that want to adopt it, they can. They must proactively adopt it. And it's basically a concussion bill. It establishes the base line testing procedure. With that, I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 677? Record vote. Clerk, ring the bell. All voted? Have all voted? All voted? 94 ayes, 42 nays, 1 present not voting. House Bill 677 is finally passed. Chair lays out on third reading and final passage House Bill 196. Clerk will please read the bill.
CLERK: HB 197 by Solomons. Relating to the provision of certain documentation before a person may engage in a licensed occupation; providing a criminal penalty.
THE SPEAKER: Chair recognizes Mr. Solomons.
REPRESENTATIVE SOLOMONS: Thank you, Mr. Speaker and members. This is the bill we heard yesterday. We require applicants to provide documentation of verifiable eligibility to work in this country and in the State, (inaudible) license. And I would be happy to yield.
REPRESENTATIVE DAVID SIMPSON: Mr. Speaker?
THE SPEAKER: Mr. Simpson?
REPRESENTATIVE DAVID SIMPSON: I would like to ask a you a few questions.
THE SPEAKER: Gentleman yields.
REPRESENTATIVE DAVID SIMPSON: Thank you, Chairman Solomons. I do have a few questions. And reading your bill it appears to require all state licensing agencies to verify citizenship status of everyone who applies for a license and current license holders who are U.S. citizens. Is that your understanding?
REPRESENTATIVE BURT SOLOMONS: Not exactly.
REPRESENTATIVE DAVID SIMPSON: How would it differ?
REPRESENTATIVE BURT SOLOMONS: It's the -- If you are applying for license, the person would submit documentation to the agency. The verification and how they process it will be up to the various agencies, but it does require for the person to, when they apply, to show their eligibility work requirement. That they are here legally to be able to do so.
REPRESENTATIVE DAVID SIMPSON: Are you concerned -- that there is an across the board mandate that would create an undue burden on every licensing agency in the State?
REPRESENTATIVE BURT SOLOMONS: Am I concerned about that? No. Because we gave them flexibility, they can work whenever minimal cost to this process. And you have -- be courteous not to ask why the fiscal note was the way it was. And part of the reason was that when they said it's under on (inaudible) license requirements, that different agencies will have the flexibility and the requirement differently and it's hard to determine how that will affect your budget, as well as that, you know, the decision about the possible loss of revenue for some international out of state applicants, that's impossible to determine, because we don't know that. We don't think it does, because they are going to be here legally, any way. But they have no way of knowing that. If it's impossible for them to -- statistically or otherwise determine.
REPRESENTATIVE DAVID SIMPSON: So we really don't know if we are going to have to add additional staff to handle these inquiries and --
REPRESENTATIVE BURT SOLOMONS: I don't think they have to add anything. Most of the agencies are not going to. The cost of the appropriations, it doesn't require an appropriation, but does provide legal authority to do it. But I don't know why they would, because the burden is on the person to submit the information. We gave them the flexibility how to do that. For example, in some cases it's just a software box issue, and in another cases it may be just a copy of something that goes in the file. We just made sure that the person has to give the accurate information.
REPRESENTATIVE DAVID SIMPSON: Well, do we know how many occupations there are listed currently to be licensed by the state?
REPRESENTATIVE BURT SOLOMONS: There is two hundred seventy eight occupational for small business licenses, certifications for permit, as to be regulated under the occupation code. But we've worked with -- the TDLR handles a great number of them. They are not the only agency. But they are fine with it. They can absorb the cost.
REPRESENTATIVE DAVID SIMPSON: Well my source, the Texas Public Policy Foundation, listed 514. So there is a bit of a discrepancy. Do we know how many people are covered under all those licensing agencies?
REPRESENTATIVE BURT SOLOMONS: How many people? I don't have a figure I could give you that would be accurate here have on the floor. I just know that there's 278 occupational business licenses that when people want to apply for various licenses they have to apply under that.
REPRESENTATIVE DAVID SIMPSON: Okay.
REPRESENTATIVE BURT SOLOMONS: But one of those licenses -- occupation code, because that's all that goes to.
REPRESENTATIVE DAVID SIMPSON: And as far as the documentation that they are going to have to bring, what kind of documentations are there?
REPRESENTATIVE BURT SOLOMONS: Well, some of them can be online. Some of them can be nothing more than checking a box that has to the accurate information to make sure it would be a violation to not submit a information. Some of them could be a copy of a passport, copy of a driver's license. Copy of something. That just goes in the file, that you processed whatever license it is. For example, some people -- some folks would give copies of whatever they thought was necessary, and others would just check the box. We left that up to the agencies how to do that.
REPRESENTATIVE DAVID SIMPSON: Well, thank you for answering those questions. I just was concerned about it in determining an amount which we did talk about. I just was trying to understand --
REPRESENTATIVE BURT SOLOMONS: I think for any group to say how much it will cost or how much it will be, and with some certainty, even the agencies are agreed that the most of this is going to be just paperwork and/or online software issues that they just have to deal with, and they can absorb those costs. Otherwise they will have to -- This is the fourth version of this bill. When I first filed the agency said that it was going to cost two hundred million dollars to comply to find out if somebody was here legally. So we narrowed it down to give them the flexibility and really have the person make that application. But this is a far cry, this is three sessions later from the first version. So I think we've got it down to something manageable for the agency and it's working and it's philosophically, do you want the information or not? You don't want the information, we don't have to pass the bill. If you want the information and want it in someone's file, then I think that it's relevant.
REPRESENTATIVE DAVID SIMPSON: Thank you, I was just concerned with the budget shortfall. And --
REPRESENTATIVE BURT SOLOMONS: I don't think we are going to have a budget shortfall problem because of this bill.
REPRESENTATIVE DAVID SIMPSON: Thank you.
REPRESENTATIVE BURT SOLOMONS: Thank you Mr. Simpson.
THE SPEAKER: Mr. Castro?
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: W ould the gentleman yield for some questions?
REPRESENTATIVE BURT SOLOMONS: I do.
THE SPEAKER: Gentleman yields, Mr. Castro.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: R epresentative Solomons, you mentioned there are about 278 licenses; is that right?
REPRESENTATIVE BURT SOLOMONS: That's what I understand. HRO says it's 278 occupational and business licenses specifically -- or a permit issued by the state.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: S o that would include medical licenses, for example -- state board --
REPRESENTATIVE BURT SOLOMONS: Yeah --
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: S ome of these licenses that are included are licenses -- they are really professional licenses? Some of them are
(inaudible) higher -- obtained licenses --
REPRESENTATIVE BURT SOLOMONS: Some of them are professional, some of them are occupational, some of them are just whatever licenses we have. We apparently have licenses to a whole bunch of people.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: R ight. And I guess part of my concern with the bill is that you know at some point, especially for people getting licenses like that, they have already been embedded for these things. So how many times are we going to bet them? In other words, how many times is somebody going to have to prove that they are an American citizen in our society?
REPRESENTATIVE BURT SOLOMONS: This only goes into -- for new licenses or the renewals of those licenses.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: L et us take an example of a lawyer. You and I are both attorneys, right?
REPRESENTATIVE BURT SOLOMONS: Right.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: O nce I apply to be a attorney with the State Bar, and take the Bar exam, I have already gone to a college in the United States, I've gone to law school in the United States, right? And so I mean by that time I think if you are going to make that far, medical school, I think it's pretty clear whether you are a citizen or not.
REPRESENTATIVE BURT SOLOMONS: Well we've left it up to the agencies, the occupation code to decide how they are going to do that. I'm a lawyer just like you and I don't mind providing a copy of my driver's license or, what, to determine whether they want to -- or do they want something on a line where I would just check a box and say that I'm eligible to work. I agree with you in some respects, that, you know, how often do you want to vet somebody? But we have constant turn over all the time. We have people leaving the professions, leaving the occupations, we have people coming in. We have renewal. A variety of things go on. We tried to make this as simple and straight forward as we could. And no I appreciate that and this session, we've got to prove that you are an American citizen to vote. You've got to prove that you are an American citizen to exist --
THE SPEAKER: Representative Hancock raises a point of order. The gentleman's time has expired. The point of order is well taken and sustained. Is there anyone else wishing to speak on, for, or against House Bill 197? Question occurs on the final passage of House Bill 197. This is a record vote. The clerk will please ring the bell. Have all voted? Representative Sheffield voting aye. Have all voted? Mr. Hancock voting aye. Have all voted? There being hundred 111 ayes, 21 nays, 2 present not voting, House Bill 197 is finally passed. Chair lays out on third reading and final passage House Bill 2560. The clerk will please read the bill.
CLERK: HB 2560 by Sheffield. Transporting a foster child in a vehicle where a handgun is in the possession of a foster parent licensed to carry a concealed handgun.
THE SPEAKER: Chair recognizes Mr. Sheffield.
REPRESENTATIVE RALPH SHEFFIELD: Thank you, Mr. Speaker and members, this is the bill that we passed last night to allow a foster parent to carry a handgun in a vehicle when the foster child is present, if they have a concealed handgun license. I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 2560? The question occurs on the final passage of House Bill 2560. This is a record vote. Clerk, please ring the bell. Show Mr. Hancock voting aye. Have all voted? Have all voted? There being 134 ayes, 2 nays, 2 present not voting; house Bill 2560 is finally passed. Madam Doorkeeper?
THE DOORKEEPER: Mr. Speaker, there's a messenger from the Senate at the door of the House.
THE SPEAKER: Okay. Let him in.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate is taking the following actions: The Senate is taking the following measures: SB 1424 by Wentworth. Relating to the issuance of cease and desist orders by the Texas Medical Board. SB 1520 by Uresti. Relating to the consideration of applications for permits for certain commercial solid waste processing or treatment facilities.
THE SPEAKER: I didn't know they can still pass Senate Bills over there. Thank you, sir. Chair lays out on third reading and final passage House Bill 2990. The clerk will please read the bill.
CLERK: HB 2990 by Deshotel. Relating to the electronic storage of personal identification information obtained from driver's licenses or personal identification certificates.
REPRESENTATIVE JOE DESHOTEL: Thank you, Mr. Speaker, this bill allows the driver's licenses to be scanned instead of -- point of sales for checking for your driver's license at no fraud involved.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 2990? The question occurs on the final passage of House Bill 2990. It's a record vote. Clerk will please ring the bell. Show Mr. Deshotel voting aye. Have all voted? There being 114 ayes, 22 nays, 1 present not voting; house Bill 2990 is finally passed. Chair lays out on third reading and final passage House Bill 3030. The clerk will please read the bill.
CLERK: HB 3030 by McClendon. Relating to the funding of projects in the boundaries of an inter municipal commuter rail district.
THE SPEAKER: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: This is a bill that was passed yesterday, that amends the community rail district law -- (inaudible) work with rail districts to provide for a passenger rail system. And I have a clarifying amendment.
THE SPEAKER: Amendment. Clerk will read the amendment.
CLERK: Amendment by McClendon.
THE SPEAKER: Chair recognizes Mrs. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Amen dment clarifies the fact that the system is for the Lone Star Rail District in the San Antonio/Austin area. Move passage.
THE SPEAKER: Representative McClendon offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Anyone wishing to speak on, for, or against House Bill 3030? Question occurs on the final passage of House Bill 3030. This is a record vote. The clerk will please ring the bell. Have all voted? All voted? There being 84 ayes, 50 nays, 1 present not voting; House Bill 3030 is finally passed. Chair lays out on third reading and final passage House Bill 3237. The clerk will read the bill.
CLERK: HB 3237 by Hernandez Luna. Relating to the operations of the Texas Women's Veterans program.
THE SPEAKER: Chair recognizes Representative Hernandez Luna.
REPRESENTATIVE ANA HERNANDEZ LUNA: Thank you, Mr. Speaker and members. House Bill 3237 establishes Texas Womesn' Veterans Program within the Texas Veteran Commission to ensure women veterans have equitable assets in the federal and state veteran services and benefits. The funding for the -- is -- version of. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 3237? Question occurs on the final passage of House Bill 3237. This is a record vote. Clerk will please ring the bell. Have all voted? Have all voted? There being 116 ayes, 17 nays; House Bill 3237 is finally passed. Chair lays out on third reading and final passage House Bill 3439. The clerk will read the the bill.
CLERK: HB 3439 by Raymond. Relating to missing children and missing persons; providing a criminal policy.
THE SPEAKER: Chair recognizes Mr. Raymond.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker and members. Members, this bill seeks to address those circumstances where parents abduct the child prior to the initiation of the custody proceedings or the entry of the custody order. When a parent unilaterally removes the child and hides the child from the other parent. Clarification of the definition will enable law enforcement to enter the child and ask for crimes -- computer so that the the child's whereabouts and the welfare can be ascertained so that parents could resolve the custody disputes in the courts. Members, you are aware of the amber alert for example, what we deal with in Laredo is where sometimes a child has been taken they go to Mexico. They go south, they go to Mexico. We are trying to clarify that if you have a custody dispute and one of the parents takes the child they can be listed as a missing child, so they can be put in the amber alert. So that's what we are trying to classify. Specifically, with those references to us, we see this as a boarder city. This is brought to my by law enforcement, prosecutors. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 3439? The question occurs on the final passage of House Bill 3439. This is a record vote. The clerk will please ring the bell. Show Representative Hochberg voting aye. Representative Gallego voting aye. Is anyone else? All voted? 134 to 0, House Bill 3439 is finally passed. The Chair lays out on third reading and final passage House Bill 3474. Clerk will read the bill.
CLERK: HB 3474 by Gallego. Relating the offense of public intoxication.
THE SPEAKER: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, this changes some of the law regarding the possession of alcoholic beverages by minor and there is a technical correction that I need to make.
THE SPEAKER: Amendment, clerk will read the amendment.
CLERK: Amendment by Gallego.
THE SPEAKER: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: There's a -- It looks like from the legal ramification of saying using the word exceptions. This substitutes some language in the place of that word.
THE SPEAKER: Representative Gallego offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Amendment is adopted. Anyone wishing to speak on, for, or against House Bill 3474? Question occurs on the final passage of House Bill 3474. It's a record vote. Clerk will ring the bell. All voted? Show Mr. Hochberg voting aye. There being 136 ayes and 0 nays, and 2 present not voting; house Bill 3474 is finally passed. House Bill 3474 is finally passed. Chair lays out on third reading and final passage House Bill 3624. The clerk will read the bill.
CLERK: H.B. 3624 by Hochberg. Relating to the eligibility of educational aides for tuition exemptions at public institutions of higher education.
THE SPEAKER: Chair recognizes Representative Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker and members, this limits the eligibility of education and tuition exemptions to those that are working in the shortage areas and (inaudible) areas. I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 3624? Question occurs on the third reading and final passage of House Bill 3624. This is a record vote. Clerk, ring the bell. Have all voted? Have all voted? There being 134 ayes, 0 nays; House Bill 3624 is finally passed. Chair lays out on third reading and final passage House Bill 19. Clerk will read the bill.
CLERK: H.B. 19 by Ritter. Relating to the penalty for operation of a motor vehicle without a license.
THE SPEAKER: Chair recognizes Mrs. Ritter.
REPRESENTATIVE ALLAN RITTER: Thank you very much, Mr. Speaker. This is relating to the prosecution and punishment of the person operating a motor vehicle without a license. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 19? Question occurs on the final passage of House Bill 19. Clerk will ring the bell. Show Mr. Martinez voting aye. Have all voted? Show Mr. Hilderbran voting aye. There being a hundred -- 115 ayes, 2 nays, 2 present not voting; house Bill 19 is finally passed. Chair lays out on third reading and final passage House Bill 3018. The clerk will read the bill.
CLERK: H.B. 3018 by Gutierrez. Relating to a policy of a school district concerning possession of a telecommunications device by a student.
THE SPEAKER: Chair recognizes Mr. Martinez.
REPRESENTATIVE MARTINEZ: Thank you, Mr. Speaker, members, House Bill 3018 clarifies (inaudible) pertains to the the school, educational -- possession of a cellular phone. And I do believe that there is a -- an amendment.
THE SPEAKER: Following amendment. Clerk will read amendment.
CLERK: Amendment by Workman.
THE SPEAKER: Mr. Workman?
REPRESENTATIVE WORKMAN: I'm there, I'm there. Mr. Speaker, members, this amendment -- I just walked back in. This amendment has to do with the school boards being able to adopt policies relating to use and possession of telephones by their students. And the amendment broadens the authority of the school district. With that, I move passage.
THE SPEAKER: Mr. Workman finally offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Anyone wishing to speak on, for, or against House Bill 3018? Question occurs on final passage of House Bill 3018. This is a record vote. Clerk will please ring the bell. All voted? Have all voted? There being 132 ayes, 2 nays, 2 present not voting; House Bill 3018 is finally passed. Chair lays out on third reading and final passage House Bill 2365. The clerk will please read the bill. Mr. Eissler --
CLERK: H.B. 2365 by Eissler. Relating to certain responsibilities of education research centers and to a joint advisory board for education research centers.
THE SPEAKER: Mr. Eissler?
REPRESENTATIVE ROB EISSLER: Thank you, Mr. Speaker and members, this is the reaffirmation of the three ERCs that we had last night. And I have an amendment that confirms the security measures taken by these data centers. By the way, while she's moving that way, I know there have been some concerns about the confidentiality of the data. And Texas has been collecting data for years and years and years. And these education research centers are the basis of some of the research and data driven education. And it's become very helpful to a lot of -- what -- a lot of the policy we come up with. And I know there was some words -- Okay, I know there was some information getting out that Social Security numbers and dates of birth were sent to California. Well, that doesn't happen, because the data centers don't have that information.
THE SPEAKER: Ms. Kolkhorst?
REPRESENTATIVE LOIS KOLKHORST: Would the gentleman yield for questions?
THE SPEAKER: Would the gentleman yield for questions?
REPRESENTATIVE ROB EISSLER: Yes.
THE SPEAKER: He yields.
REPRESENTATIVE LOIS KOLKHORST: Thank you. Chairman Eissler, just a couple of questions. I know we've been working on this bill a little bit. For the body to understand, how long have we had this ERC?
REPRESENTATIVE ROB EISSLER: ERC, E-R-C. Educational Research Center. It came from --
REPRESENTATIVE LOIS KOLKHORST: Two years, I think?
REPRESENTATIVE ROB EISSLER: No, it's been a little longer than that. We have been operating two years, I think we put it on House Bill 1 in --
REPRESENTATIVE LOIS KOLKHORST: And so there are three that are going to be operated, am I correct?
REPRESENTATIVE ROB EISSLER: They have been operating, yes. UT Dallas.
REPRESENTATIVE LOIS KOLKHORST: A&M --
REPRESENTATIVE ROB EISSLER: -- A&M, and here at UT Austin.
REPRESENTATIVE LOIS KOLKHORST: So here's the main question or concern we have that, you know, the information, I know it goes from -- and I know it goes to the TEA to the higher educational coordinating board and then to the ERC, and then the concern would be that as that information is aggregated who uses that information after that?
REPRESENTATIVE ROB EISSLER: Well, they use that in projects by research people and there's a board that decides what projects are to be used. So where they allow the data to be used, and it has to be stored in Texas. There's no access outside other than some of the --
REPRESENTATIVE LOIS KOLKHORST: -- let me --
REPRESENTATIVE ROB EISSLER: -- higher ed. --
REPRESENTATIVE LOIS KOLKHORST: --
REPRESENTATIVE ROB EISSLER: -- for example, Texas or in California and they'll use that in California, use Texas, and vice versa.
REPRESENTATIVE LOIS KOLKHORST: Let me ask you a couple of questions. Who -- who like -- people who get that information. Is it for sale?
REPRESENTATIVE ROB EISSLER: No.
REPRESENTATIVE LOIS KOLKHORST: Okay. So help me with that. Expand on that a little bit.
REPRESENTATIVE ROB EISSLER: Okay. The ERCs have to be self-sufficient, so they do get paid to provide data for certain research projects. That's how they stay in business at no cost to the state. They don't sell data, but they can --
REPRESENTATIVE LOIS KOLKHORST: They can --
REPRESENTATIVE ROB EISSLER: -- assess to data.
REPRESENTATIVE LOIS KOLKHORST: So do companies like -- maybe companies that are going to create tests that we pay hundreds of millions of dollars for, are they able to get that information?
REPRESENTATIVE ROB EISSLER: No. Not really. Like Pearsson, people like that? I mean why do they need that?
REPRESENTATIVE LOIS KOLKHORST: I don't know. We just -- we want to make sure that there's nothing -- there's a couple of people behind me --
REPRESENTATIVE ROB EISSLER: Pearson is the one who has it. They are the ones that are giving the test.
REPRESENTATIVE LOIS KOLKHORST: So the real question is, and I think Representative Hochberg, if you want to address some of my questions since we had that conversation, is that the people who are getting this is purely for research and that it's not for sale?
REPRESENTATIVE ROB EISSLER: Correct. That's right.
REPRESENTATIVE LOIS KOLKHORST: Thank you. Mr. Speaker?
THE SPEAKER: Representative Kolkhorst, for what purpose?
REPRESENTATIVE LOIS KOLKHORST: May I have the exchange between Representative Eissler and I be reduced to writing and placed in the journal?
THE SPEAKER: Members, you've heard the request. Is there any objection? Chair hears none. So ordered. Representative Weber --
REPRESENTATIVE RANDY WEBER: Mr. Speaker would the gentleman yield?
THE SPEAKER: Will the gentleman yield?
REPRESENTATIVE ROB EISSLER: Yes, I will.
THE SPEAKER: The gentleman yields.
REPRESENTATIVE RANDY WEBER: Just to clarify, there was a flurry of information that flying around about an hour ago. And Rob, there's no information like Social Security numbers or --
REPRESENTATIVE ROB EISSLER: No, they don't even have it. That's part of the deed identification process --
REPRESENTATIVE RANDY WEBER: Thank you. I just wanted to make sure of that. Thank you very much.
REPRESENTATIVE ROB EISSLER: Thank you.
THE SPEAKER: There is an amendment. Chair lays out the amendment. Clerk will please read it.
CLERK: Amendment by Kolkhorst.
THE SPEAKER: Chair recognizes Representative Kolkhorst to explain her amendment.
REPRESENTATIVE LOIS KOLKHORST: Members, this is for the -- what we have in the rule actually into the statute, and it talks about the confidential information and that no Social Security, names, birthdays maybe accessed for the purpose of research at a center. And I move passage. I do just want to say one thing, that I think we all need to be very engaged in this information and make sure and be vigilant and follow the boards and to make sure that the rules don't change, that this data is very sensitive, and that it's not just sold on the market. I move passage.
THE SPEAKER: Representative Kolkhorst offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Eissler to close on his bill.
REPRESENTATIVE ROB EISSLER: Texas has probably the preeminent data collection --
THE SPEAKER: Mr. Simpson?
REPRESENTATIVE DAVID SIMPSON: Can you tell us as you --
THE SPEAKER: Go ahead.
REPRESENTATIVE DAVID SIMPSON: Thank you, Mr. Speaker. I'm sorry -- Why are we doing this? Why are we sharing this information with the parties outside the state?
REPRESENTATIVE ROB EISSLER: We are not. We have -- you say with other -- it stays in Texas. In fact, in part of the administrator code, it says ERC must be physically located in Texas and must retain all the information at that location, except for secured offsite data back up facilities or in accordance with procedures. Okay? Now we will are reciprocal agreements let us say we have California or if we have kids that are in higher education in California, just as we would provide their data but that's not our data.
REPRESENTATIVE DAVID SIMPSON: What are we sharing with California?
REPRESENTATIVE ROB EISSLER: Nothing really.
REPRESENTATIVE DAVID SIMPSON: Nothing? Then what the hell are we --
REPRESENTATIVE ROB EISSLER: I mean there are some -- other then there are tips on how to run a good state government.
REPRESENTATIVE DAVID SIMPSON: What things are you talking, about how can you share nothing?
REPRESENTATIVE ROB EISSLER: We are not sharing.
REPRESENTATIVE DAVID SIMPSON: If it is not the name, it's not the Social Security number, what are we sharing?
REPRESENTATIVE ROB EISSLER: I mean -- nothing -- other than if we had Texas kids in California, they'll tell us we are tracking our kids, and we will track California kids with them. I think that's the only reciprocal -- That's not part of this bill.
REPRESENTATIVE DAVID SIMPSON: How are we tracking and what are we tracking?
REPRESENTATIVE ROB EISSLER: Educational achievement. Yeah go ahead, Scott.
THE SPEAKER: Chair recognizes Mr. Hochberg to answer.
REPRESENTATIVE SCOTT HOCHBERG: Thank you. And I've been working specifically, in detail on this, to make sure that there are no problems with Chairman Eissler. Mr. Simpson, a good example of this is here in the Austin area, in what's called the collaborative. This is a group that has been set up with the business community, higher education and public education within this area to figure out where the strengths and weaknesses of the school systems are. And so they get that, that are put together from the research centers on specific issues that they can study to help improve the educational pathways within this region. There is no sharing out of state, except that there is a separate data center that we send enrollment date to. But that's not part of this issue. These (inaudible) are required to -- required to operate in Texas. And, in fact, the problem that has been blown out of proposition in some of these discussions is that one professor at The University of Texas in Dallas, who has a joint appointment in Stanford, took a CD with him to Stanford and they found it and they caught it and they stopped that from happening it. That's it. That's the so-called security issue that occurred. But none of that information is on specific students. It's aggregate data, where they are responsible for stripping all the individual students' information off first before anybody gets ahold of any of this. And then we have these, for universities within our states, supervising the research that is done with it and the procedures that are done with it. And the procedures that are done. Do you understand?
REPRESENTATIVE DAVID SIMPSON: What security measures are we using in other states -- we are having difficulty --
REPRESENTATIVE SCOTT HOCHBERG: We are not sending information to other states, David.
REPRESENTATIVE DAVID SIMPSON: We are not?
REPRESENTATIVE SCOTT HOCHBERG: No, sir this is for our researcher and has to be used through the site, that free research site that we established.
REPRESENTATIVE DAVID SIMPSON: But didn't Chairman Eissler just say that we have a reciprocal arrangement with California?
REPRESENTATIVE SCOTT HOCHBERG: There is a national clearinghouse that is separate from that. I think you asked what information goes from the -- state. There's a national clearinghouse of college enrollment at the federal level, that all colleges --
THE SPEAKER: Representative Bohac raises a point of order. The gentleman's time has expired. The point of order is well taken and sustained.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker? May I ask for one extension, briefly?
THE SPEAKER: No, I'm sorry you can't at this point in the session, without unanimous consent. And I hear objections.
UNIDENTIFIED MALE SPEAKER: Thank you. Mr. Speaker --
THE SPEAKER: Absolutely --
UNIDENTIFIED MALE SPEAKER: Parliamentary inquiry.
THE SPEAKER: Please state it.
UNIDENTIFIED MALE SPEAKER: Just for my knowledge as a freshman, help me. Now what rule is that?
THE SPEAKER: That is the near the end of the session rule. If you want, I will waste more time and read it to you, but there's is one in the rule book that says we don't extend time unless it's unanimous.
UNIDENTIFIED MALE SPEAKER: Thank you, I appreciate it.
THE SPEAKER: Thank you, though. House Bill 2365 is up for final passage. This is a record vote. The clerk will ring the bell. All voted? Mr. Anchia voting aye. Mr. Eissler -- Mr. Hochberg voting aye. Mr. Branch. Mr. Weber. 115 ayes, 19 nays, 3 present not voting; House Bill 2365 is finally passed. Chair lays out on final reading and third passage House Bill 773. Clerk will read the bill. Members, I went out of order. Chair lays out on final reading House Bill 59.
CLERK: H.B. 59 by Martinez. Relating to recipients of financial assistance administered by the Texas Department of Housing and Community Affairs.
THE SPEAKER: Chair recognizes Mr. Martinez.
REPRESENTATIVE MARTINEZ: Thank you, Mr. Speaker and members. This is to increase the number of housing units for those on very low income. And I do I believe that we have an amendment.
THE SPEAKER: Amendment, clerk will read the amendment.
CLERK: Amendment by Menendez.
THE SPEAKER: Chair recognizes Mr. Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker and members. This amendment is simply taking a rider we have already passed on the budget that is permissive, and we are adding this on to make it into the statute and code. And it's acceptable to the author.
THE SPEAKER: Mr. Menendez sends up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. Chair -- so ordered. The question occurs on third reading and final passage of House Bill 59. All those -- I'm sorry, it's a record vote. Clerk will ring the bell. All voted? All voted? Have all voted? There being 60 ayes 77 nays, 2 present not voting; house Bill 59 is finally passed. Chair lays out on third reading and final passage House Bill 773. The clerk will read the bill.
CLERK: H.B. 773 by Anchia. Relating to creating an energy efficiency council to coordinate administration of energy efficiency programs.
THE SPEAKER: Chair recognizes Mr. Anchia.
REPRESENTATIVE RAFAEL ANCHIA: Thank you Mr. Chairman and members. House Bill 773 creates an energy efficiency coordinating counsel to go over with the counsels to -- energy efficiency programs to prevent waste and encourage efficiency in the use of state resources. And I believe I have a perfecting amendment.
THE SPEAKER: Amendment, clerk will read the amendment.
CLERK: Amendment by Anchia.
THE SPEAKER: Chair recognizes Mr. Anchia.
REPRESENTATIVE RAFAEL ANCHIA: This is just the -- agency -- the coordinating council after August 31st, 2013.
THE SPEAKER: Mr. Anchia sends up an amendment and it's acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Anyone wishing to speak on, for, or against House Bill 773? Question occurs on the final passage of House Bill 773. It's a record vote. Clerk will please ring the bell. Show Mr. Anchia voting aye. All voted? All voted? 65 ayes, 70 nays, 2 present not voted; house Bill 773 fails to pass. Chair lays out on third reading and final passage House Bill 892. The clerk will please read the bill.
CLERK: H.B. 892 by Howard of Fort Bend. Relating to the creation of the offense of unlawful transport of an illegal alien.
THE SPEAKER: Chair recognizes Mr. Howard.
REPRESENTATIVE CHARLIE HOWARD: Members, this is a human trafficking bill, which is very similar to Chairman Thompson's bill, which says that if a person knowingly transports an illegal alien in a manner designed to conceal them from federal enforcement authorities, if they are paid to do so and in a manner that creates a likelihood of bodily injury it's a crime. We also have an amendment in there that was suggested by the committee, if you are transporting someone who is a relative it is a defense for this offense. I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 892? The question occurs on the final passage of House Bill 892. This is a record vote. The clerk will please ring the bell. Have all voted? Representative Solomons voting aye. All voted? There being 122 ayes, 12 nays, 2 present not voted; house Bill 892 is finally passed. Madam Doorkeeper?
THE DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
THE SPEAKER: Admit the messenger.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House the Senate has taking the following actions, the Senate has passed the following measure. S.B. 1658 by Hinojosa. Relating to the duties of and investigations conducted by the Texas Forensic Science Commission, the administrative attachment of the Texas Forensic Science Commission to Sam Houston State University, and the accreditation of criminal laboratories by the Department of Public Safety of the State of Texas.
THE SPEAKER: Thank you. Chair lays out on third reading and final passage House Bill 1046. The clerk will please read the bill.
CLERK: H.B. 1046 by Fletcher. Relating to the confidentiality of certain personal information.
THE SPEAKER: Chair recognizes Mr. Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker and members, this deals with the certain personal information for the Attorney General's office and the law enforcement divisions. We have an amendment and it's acceptable to the author.
THE SPEAKER: Representative Fletcher?
REPRESENTATIVE ALLEN FLETCHER: Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 1046? Question occurs on the final passage of House Bill 1046. This is a record vote. Clerk will ring the bell. All voted? Representative Solomons voting aye. All voted? Being 131 ayes, 1 nay, 2 present not voting; House Bill 1046 is finally passed. Chair lays out on third reading and final passage House Bill 1429. The clerk will read the bill.
CLERK: H.B. 1429 by Deshotel. Relating to the rights and remedies of certain residential tenants and landlords; providing criminal penalties.
THE SPEAKER: Chair recognizes Mr. Deshotel.
REPRESENTATIVE JOE DESHOTEL: Mr. Speaker, this bill requires you to give a lease to a tenant within 3 days of signing it, and also a 90 day notice if the property foreclosed. I move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 1429? The question occurs on the final passage of House Bill 1429. This is a record vote. Clerk please ring the bell. Show Mr. Deshotel voting aye. Have all voted? Show Mr. Solomons voting aye. Have all voted? There being 117 ayes, 18 nos, 2 present not voting; house Bill 1429 is finally passed. Chair lays out on third reading and final passage House Bill 875. The clerk will read the bill.
CLERK: H.B. 875 by Howard of Fort Bend. Relating to the identification of certain defendants as foreign nationals who were not lawfully admitted to the United States or whose lawful status has expired and to their release on bail.
THE SPEAKER: Chair recognizes Mr. Howard of Fort Bend County.
REPRESENTATIVE CHARLIE HOWARD: Members, what this bill does is that current practice is that when someone is booked into the jail, the sheriff is required to contact ICE to see if they are illegal or not. If they are, they are held for ICE to be picked up and deported. The only thing this bill does it then requires a sheriff to notify the judge that the person might be a flight risk so that they would not be bailed out.
REPRESENTATIVE ARMANDO WALLE: Mr. Speaker?
THE SPEAKER: Mr. Walle?
REPRESENTATIVE ARMANDO WALLE: Would Representative Howard yield for just a few questions?
THE SPEAKER: For a few questions, do you yield?
REPRESENTATIVE CHARLIE HOWARD: Yes, sir.
REPRESENTATIVE ARMANDO WALLE: Representat ive Howard, you are aware that under current law that the precedent for issuing bail is issued is based on the Judge's determination of if the defendant's dangerous -- defendant's if he's a danger or she is a danger to society.
REPRESENTATIVE CHARLIE HOWARD: I believe that's correct.
REPRESENTATIVE ARMANDO WALLE: And then are you aware that many counties that have limited resources for pretrial release, and as a result of that many folks of limited income are being held in jail for a longer period of time?
REPRESENTATIVE CHARLIE HOWARD: My understanding is that part of the practice is already there. This does not change that whatsoever.
REPRESENTATIVE ARMANDO WALLE: Okay. Are you concerned with jail over crowding?
REPRESENTATIVE CHARLIE HOWARD: All I'm concerned with is just to notifying the judge that that person could be a flight risk, and he would make a decision then whether he was wanted to allow bail or not. But in most practices what's been happening is that they are kept in jail until ICE picks them up.
REPRESENTATIVE ARMANDO WALLE: Right. Because I know in -- particularly in Harris County -- I don't know about Fort Bend, but in Harris County they run 47-G and they are, you know, most of those guys that are automatically --
REPRESENTATIVE CHARLIE HOWARD: Yeah, it's done real quick. Yeah.
REPRESENTATIVE ARMANDO WALLE: And the city runs secured communities, and they do a, you know, they do a hit -- Well, they do --
REPRESENTATIVE CHARLIE HOWARD: In most counties this goes like clockwork. All this does, it says hey, don't bail these people out.
REPRESENTATIVE ARMANDO WALLE: And then what would be the fiscal impact on counties that if we would implement this program? I think it's like $45 -- was it 45 dollars a day that we spent on --
REPRESENTATIVE CHARLIE HOWARD: I wouldn't think they would be in there more than 1 day, possibly two, in my information.
REPRESENTATIVE ARMANDO WALLE: Okay. What about -- So there's no -- Is it your understanding that there's no fiscal impact on to the counties?
REPRESENTATIVE CHARLIE HOWARD: I don't believe there is. No, sir.
REPRESENTATIVE ARMANDO WALLE: And there was no fiscal note to your bill?
REPRESENTATIVE CHARLIE HOWARD: No, sir, there was not.
REPRESENTATIVE ARMANDO WALLE: Okay. And then this is all about pretrial releases and trying to get --
REPRESENTATIVE CHARLIE HOWARD: That's all that is. And even not at that. All the bill requires is the notification to the judge and the judge makes that determination. Just requires the notification to the judge.
REPRESENTATIVE ARMANDO WALLE: Okay. Thank you.
REPRESENTATIVE CHARLIE HOWARD: You are welcome. Move -- Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 875? Question occurs on the final passage of House Bill 875. This is a record vote. The clerk will please ring the bell. All voted? Have all voted? There being a 224 ayes, and 6 nays, 2 present not voted; House Bill 875 is finally passed. Chair lays out on third reading and final passage House Bill 1386. The clerk will please read the bill.
CLERK: H.B. 1386 by Coleman. Relating to the public health threat presented by youth suicide and to the prevention of associated discrimination, harassment, and bullying.
THE SPEAKER: Chair recognizes Mr. Coleman.
REPRESENTATIVE GARNET COLEMAN: Thank you, Mr. Speaker. Members, I want to take you all through some of the provisions of the bill, and I do have an amendment to remove the bullying bill that Ms. Patrick passed out of the House, that language from this bill, so that amendment will come in a minute. But one of the important parts about this, and one of the important parts for people to know is that this bill is 100 percent permissive. There is no mandatory enactment of the language in this bill, except that if you do things that are in this bill that have to do with making sure that children are referred to help if it is noticed by someone in terms of a changed in behavior, that then they must -- And the only person notified, and must be notified is the parent or their guardian. And no actions in this bill in terms of the school for children who exhibit changes in behavior, that help has to be guided, enacted or pursued by the parent. The school is to do none of that. In the -- And the reason why I think that's important, is because I'm the parent of an 15-year-old and an 18-year-old, and there's also a provision in this substitute that is very clear about what this act is intended to do, and I'm going to read this to you, because I think it's important. It says -- and that the section is saying the section of the code. Nothing in this section is intended to interfere with the rights of the parent or the guardian, and the decision making regarding the best interest of the child. The policies in this section are intended to notify a parent or guardian of a need for mental health intervention so that the parent or guardian may take appropriate action. And I mean this is about the change in behavior where child isn't doing as well in school, you know, it is geared -- things that are clear that the child may have a problem or have an issue that needs to be addressed. Nothing in this act shall -- it goes on, nothing in this act shall be construed as using school districts to be the authority to prescribe medication. Any and all medical decisions are to be made by a parent or guardian of a student. And that's in the code, on page 5. And that's if -- because this is a purely permissive bill, any school district would like to move forward with this. And every section, it -- this bill deals with notifying of parents about the needs of their children. And that's what the bill does. The rest of the bill has to do with bullying, but that bill already passed this floor and I'm going to remove all that language. And I'm happy to yield for any questions.
THE SPEAKER: Representative Davis?
REPRESENTATIVE DAVIS: I would like to ask a question.
THE SPEAKER: Gentleman yield for questions?
REPRESENTATIVE GARNET COLEMAN: Yes, of course.
UNIDENTIFIED WOMAN SPEAKER: Representativ e Coleman, I wanted to make sure that everybody heard the part about this being permissive for the school districts. Could you repeat that and explain that?
REPRESENTATIVE GARNET COLEMAN: The bill is permissive, so as the bill is put together no school has to enact a program, no school district has to enact -- has to comply with this legislation. This is based on whether the school district wants to or not and whether the -- and that's it. There's nothing in this bill that mandates that a school district proceed with this particular piece of legislation. And so that makes it purely optional. I think that's a word that some people would like to hear. Also, there's no fiscal note. There's no fiscal implications to the local school districts. Nor any fiscal implications to the state, because everything that would be used in this program is off the shelf. It actually, if there were any suicide provision programs used they are online and they are approved by the Stanfield, which is the national --
UNIDENTIFIED MALE SPEAKER: Mr. Speaker --
THE SPEAKER: Mr. -- for what purpose?
UNIDENTIFIED MALE SPEAKER: Would the gentleman yield for questions?
REPRESENTATIVE GARNET COLEMAN: Be happy to.
THE SPEAKER: Mr. Huberty, he yields.
REPRESENTATIVE DAN HUBERTY: I appreciate you addressing the issue with the bullying part of the bill, because I think we passed that already and it's agreed to, and I appreciate you doing that. And reading your bill I was alarmed. This is for children, this is a pretty -- I mean it ranks pretty high in the cause of death, doesn't it?
REPRESENTATIVE GARNET COLEMAN: Yes. And with children -- I mean this is a -- this is pretty -- That's why it was in the findings. Under the ten leading causes of the death by age group, the third highest cause of death for 15-year-olds to 20-year-olds is suicide.
REPRESENTATIVE DAN HUBERTY: That's amazing. And I think we also read that --
REPRESENTATIVE GARNET COLEMAN: What's even more amazing is that the fourth highest cause of death pertaining to 14-year-olds is suicide.
REPRESENTATIVE DAN HUBERTY: And this will give the school district to ability to have some additional tools that they can put in their toolbox and pick from them for curriculum and things of that nature; is that correct?
REPRESENTATIVE GARNET COLEMAN: That's right. And that's what the TEA would do, just compile a proven and good program that has been used in school districts around this state and so that they are available. Again, this is optional. I think that's the information in this bill --
THE SPEAKER: Chair lays out the amendment. The clerk will read the amendment.
REPRESENTATIVE GARNET COLEMAN: Yes and --
THE SPEAKER: Hold on. Let her lay it out.
CLERK: Amendment by Coleman.
THE SPEAKER: Mr. Coleman to explain his amendment.
REPRESENTATIVE GARNET COLEMAN: Yes, members, what this amendment does is Representative Patrick passed a bill, that bill deals with bullying. And this amendment -- I had amended that language into this bill, and it's redundant. And it has no -- it's just there's no reason for it to be there. So I'm striking Section 5, Section 6, Section 7, Section 8, Section 9 and Section 10 of the bill, which is almost a hundred percent identical to Ms. Patrick's language, saves the transfer of the bully. But all of that is being removed from this bill and I move adoption.
THE SPEAKER: Mr. Coleman offers up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Anyone wishing to speak on, for, or against House Bill 1386? I believe Representative Kolkhorst would like to speak for the bill.
UNIDENTIFIED WOMAN SPEAKER: Mr. Speaker, would the gentleman yield for some questions? Couple of questions? Chairman Coleman, I just want to get it in my mind what I'm looking at, and some of the information that came out, exactly what you are trying to do. You are concerned -- You are trying to seek an intervene and prevention for children that have been identified as possible having issues of suicide, correct?
REPRESENTATIVE GARNET COLEMAN: Or any -- Something that may be emotional or may be childhood depression or whatever else.
UNIDENTIFIED WOMAN SPEAKER: But any issues that they are being --
REPRESENTATIVE GARNET COLEMAN: Right. The earlier intervention that -- make sure that the parent is notified if there seems to be a need.
UNIDENTIFIED WOMAN SPEAKER: So basically what I'm reading in your legislation is you want to provide just a list of options that school districts may choose from to implement into their school district if they so choose, the list will be provided.
REPRESENTATIVE GARNET COLEMAN: That's correct.
UNIDENTIFIED WOMAN SPEAKER: And then also, as I'm looking at it, if a child is identified that might be having some issues, basically the students and -- I mean the parents, are given this information and it says it may be taken by a parent or guardian, so the information is given to the parent or guardian so they can seek the help. And it also says, that the school district may adopt the policy, correct?
REPRESENTATIVE GARNET COLEMAN: That is correct.
UNIDENTIFIED WOMAN SPEAKER: And so if they do adopt the policy though, then that policy will be put in any of their policy books, so that parents know what the policies are.
REPRESENTATIVE GARNET COLEMAN: That is correct. The student handbook is the guide actually for the parents to know what the policy, and likewise in there of the school districts are -- and that they can be really clear and have these expectations that they would be notified or understand what the rules are in that case.
UNIDENTIFIED WOMAN SPEAKER: So basically you are just trying to give the school districts the option that they may adopt, and then when they do that they put it in a policy notebook so the parents would have those options?
REPRESENTATIVE GARNET COLEMAN: That's correct.
UNIDENTIFIED WOMAN SPEAKER: Okay. Thank you.
REPRESENTATIVE GARNET COLEMAN: Thank you.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker --
THE SPEAKER: Mr. --
UNIDENTIFIED MALE SPEAKER: Would the gentleman yield?
REPRESENTATIVE GARNET COLEMAN: Be happy to yield.
UNIDENTIFIED MALE SPEAKER: Chairman Coleman, I'm looking at the HRO on this and in the public hearing and in the the public hearing there was a quite a few people testified against the bill.
REPRESENTATIVE GARNET COLEMAN: Yes. And can I answer that? That was the bill that was filed. This bill -- this is the third substitute with a committee amendment, and now I have just taken out all the information about bullying. That bill was not permissive. And I talked to -- give you the circumstance, I talked to -- I can't remember her name -- you know, the lady from Eagle Ford --
UNIDENTIFIED MALE SPEAKER: Marilyn
(inaudible).
REPRESENTATIVE GARNET COLEMAN: Like she said, if I had known you were going to change your bill I would not have testified against it.
UNIDENTIFIED MALE SPEAKER: Okay. And you had quite a few, for example, citizens -- I'm sorry adults, against drugging America. What's that about?
REPRESENTATIVE GARNET COLEMAN: I don't even know. I don't know who the folks are. I know that the human rights campaign -- they are the church assigned policy.
UNIDENTIFIED MALE SPEAKER: Okay.
REPRESENTATIVE GARNET COLEMAN: I know that.
UNIDENTIFIED MALE SPEAKER: And the Texas Homeschool Coalition and --
REPRESENTATIVE GARNET COLEMAN: Again, I don't remember what they said, but they should have put in a witness affirmation form. But, remember, that's on the original bill, not the third substitute, as amended, and amended just here.
UNIDENTIFIED MALE SPEAKER: Okay.
REPRESENTATIVE GARNET COLEMAN: Because there were shalls in there, and there were places I would agree that had language that was unclear, whether we were giving school districts the authority to make certain medical decisions. And all of that language has been removed and all of this is permissive. And it's not permissive to do it. That's why I read the language to you about what the intent is not to do, and what you cannot do if -- you, i someone chooses -- a school district chooses to adopt these policies. This -- that's the reason -- I would have been against my own bill if as filed, quite frankly.
UNIDENTIFIED MALE SPEAKER: Okay. Thank you.
REPRESENTATIVE GARNET COLEMAN: You are welcome.
THE SPEAKER: Chair recognizes Representative Kolkhorst to speak for the bill.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker, and members. I am not going to take much of our time today. It has been an emotional day for all of us. Some of us have lost our bills without warning. Some of us -- Mondo walks to the microphone today and it goes down in a heap of red light. I come to a microphone thinking I'm going to pass a local bill and Mr. Farrar kills that bill. And so as we move forward, and I know there was an email sent out to vote against the bill, as a chairman of the Health Committee I want to tell you that -- started a bill that was a very large, in fact, it gave me heart burn and, in fact, we have worked for weeks and weeks and weeks. And my friends and colleagues, sometimes are not easy to work with. I had a few choice words that were yelled at me one night. I took it and the next day he came back with the substitute. Hearing your concerns again, he has removed more of the bill. The bill is about suicide awareness and I think, since it's completely permissive, I think it's a bill worthy of us moving forward. I would ask you to vote for this bill. Brandon Creighton had a point of order on it, because Garnet had killed one of his bills last time. The Texas House is better than that. If I thought this was a bad bill it wouldn't have ever come out of the Public Health Committee. Garnet has worked with us a lot and there has been a lot of emotion on this bill. I'm going to vote for this bill, I think that it may save a child's life somewhere down the road. Thank you, members.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 1386? Question occurs on the final passage of House Bill 1386. This is a record vote. The clerk will ring the bell. Show Representative Gonzalez voting aye. Have all members voted? There being 107 ayes, 29 nays, 3 present not voting; House Bill 1386 is finally passed.
REPRESENTATIVE GARNET COLEMAN: Thank you, members. I really appreciate it. And thank you.
THE SPEAKER: Chair lays out on third reading and final passage House Bill 2449. Clerk will read the bill.
CLERK: H.B. 2449 by Lucio. Relating to the illegal possession of another person's ballot to be voted by mail.
THE SPEAKER: Chair recognizes Mr. Pena.
REPRESENTATIVE AARON PENA: This is Mr. Aliseda's bill relating to the -- persons voted by mail. Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 2449? Question occurs on the final passage of House Bill 2449. This is a record vote. The clerk will ring the bell. Have all voted? There being 112 ayes, 16 nays, 2 present not voting; h.B. 2449 is finally passed. Chair lays out on third reading and final passage House Bill 3736. The clerk will read the bill.
CLERK: H.B. 3736 by Martinez. Relating to the appointment of the department head of a fire or police department in certain municipalities.
REPRESENTATIVE MARTINEZ: Thank you, Mr. Speaker and members --
THE SPEAKER: Chair recognizes Mr. Martinez.
REPRESENTATIVE MARTINEZ: All this bill does is -- It just maintains the high level of quality in police and fire departments, that if a city manager appoints himself as a department head, that all he has to do is go through the requirements and qualifications to be the chief to hold those certifications to become fire chief or the police chief. That's all it does.
THE SPEAKER: Representative Gallego?
REPRESENTATIVE PETE GALLEGO: Would the gentleman yield for questions?
THE SPEAKER: Gentleman yield for questions?
REPRESENTATIVE MARTINEZ: I yield.
REPRESENTATIVE PETE GALLEGO: -- have a current fire chief?
REPRESENTATIVE MARTINEZ: No, they don't. Representative. It does not have a current fire chief. Our fire chief was released in January of 2011, this year.
REPRESENTATIVE PETE GALLEGO: All right. So can you explain what your bill does?
REPRESENTATIVE MARTINEZ: Mainly what this bill does -- since the fire chief was released in January the city manager appointed himself as a department head for the city. So under Chapter 143 of the local government code any fire chief or anybody appointed as the fire chief must have the appropriate certifications to be so. So all this bill is that -- it didn't say that the city manager cannot be a department head or appoint himself as a department head, all it says is that if the city manager wants to be the department head or appoint himself, he must follow the requirements by Chapter 143 in order to be certified, either as a fire chief or a police chief.
REPRESENTATIVE PETE GALLEGO: And if you have a police chief of the department wouldn't you want your police chief to be a certified peace officer?
REPRESENTATIVE MARTINEZ: Absolutely. Anybody that would be leading your department, whether it be fire or police, they should be certified in order to lead that department. They are the ones that you look to for guidance. And secondly, along with that, with the grievance procedure. The grievance procedure under 143 is detailed to where the firefighter or the police officer grieves, that goes into the grievance committee. After it goes to the grievance committee, that goes to the fire chief or the police chief. And then the fire chief and police chief determine whether that grievance is valid or not. And then they send it to the city manager. So this is a completely circumvention of the the chapter -- of the grievance procedure.
REPRESENTATIVE PETE GALLEGO: Well, and so assuming that I'm the city manager of Alpine, and I make myself also the police chief of Alpine, even though I don't have a peace officer's certification, and I also make myself the chief of the fire department, even though I don't necessarily have any training; your bill essentially prevents that and makes sure that the people that are appointed in different positions are actually trained and certified to do that, right?
REPRESENTATIVE MARTINEZ: That's correct. It's not saying that the city manager can't do it. It's just saying you can, but you have to have the training, you have to have the certifications as required for a person to get hired as a fire --
REPRESENTATIVE PETE GALLEGO: Now, a fireman or a policeman, those are also referred to in many instances as the first responders; is that correct?
REPRESENTATIVE MARTINEZ: That is correct.
REPRESENTATIVE PETE GALLEGO: And first responders, why are they called first responders?
REPRESENTATIVE MARTINEZ: Because they are the first persons to respond to emergencies.
REPRESENTATIVE PETE GALLEGO: And so what training is required for the first responders?
REPRESENTATIVE MARTINEZ: Well, you have to have fire training, different types of -- different types of areas. And you also have to have EMT or paramedic training, if you are a paramedic. I mean, as a coordinator, so I do all the training for the personnel. So that's mainly what it's saying. A person appointed as the head of the fire department, under Chapter 143 under current law must be eligible for certification by the commission on fire protection and personal standards and education in the intermediate level. So it's already setting a standard that is already in current law. So all we are saying is that if the city manager wants to become a fire chief he needs to follow what is under the current law, so that way you have the direction in your department, either police or fire.
REPRESENTATIVE PETE GALLEGO: So your amendment, or your bill essentially says that if you need a policeman or a fireman, you don't really want a lawyer showing up, you want the policeman or the fireman?
REPRESENTATIVE MARTINEZ: Correct, that's what you want.
REPRESENTATIVE PETE GALLEGO: Thank you.
REPRESENTATIVE MARTINEZ: I yield.
UNIDENTIFIED MALE SPEAKER: I wanted to ask you some questions last night but you ran away from the mic. Do you recall that?
REPRESENTATIVE MARTINEZ: I didn't run away. Maybe I thought you were going to eat me or something.
UNIDENTIFIED MALE SPEAKER: Okay. Very good.
THE SPEAKER: Let us keep our questions on the bill in front of us.
UNIDENTIFIED MALE SPEAKER: Who is your current boss right now?
REPRESENTATIVE MARTINEZ: Current boss? You don't have a fire chief. Are you talking about the city manager?
UNIDENTIFIED MALE SPEAKER: Yes.
REPRESENTATIVE MARTINEZ: Well, the city manager is the head of the city.
UNIDENTIFIED MALE SPEAKER: Isn't it accurate that you are under currently under investigation or being audited by the city manager?
REPRESENTATIVE MARTINEZ: Not that I'm aware of.
THE SPEAKER: Members, we are going to confine ourselves to the matters of law within this bill. Go ahead, Mr. Pena.
REPRESENTATIVE AARON PENA: That is the very same person you seek to remove by this legislation, is that not correct?
REPRESENTATIVE MARTINEZ: It's not removing that person from that position. All it is saying is that if he is a city manager employing himself as a fire chief he must have the training and certifications as proposed under chapter 143. Would you have a police chief that doesn't have any certification?
REPRESENTATIVE AARON PENA: I want to you answer, he's actually the interim chief while they look for one, is that not correct?
REPRESENTATIVE MARTINEZ: No, he's not the chief. He's a department head.
REPRESENTATIVE AARON PENA: Is he not the interim replacement until they find someone?
REPRESENTATIVE MARTINEZ: He's not a chief, he's the department head.
REPRESENTATIVE AARON PENA: Is he not holding the place until they find somebody?
REPRESENTATIVE MARTINEZ: As a department head.
REPRESENTATIVE AARON PENA: Now you claim -- now you represent the city of Wasico; is that correct?
REPRESENTATIVE MARTINEZ: I do.
REPRESENTATIVE AARON PENA: Now you have seen the letter for the city of Wasico they issued, everybody in this body is telling them that they are against the bill.
REPRESENTATIVE MARTINEZ: No, I haven't.
REPRESENTATIVE AARON PENA: Well, strangely enough, I seem to have it right here with me.
REPRESENTATIVE MARTINEZ: Well good. Show it to us. And it's signed by the city manager probably, the same guy who doesn't have the certifications to be --
REPRESENTATIVE AARON PENA: -- if I have it on my website, it is dated May the 13th, it is on city letterhead. I'll be glad to show it to you. The city that you claim to represent. And it says that I'm strongly opposed to this bill.
REPRESENTATIVE MARTINEZ: Okay.
REPRESENTATIVE AARON PENA: You claimed to have never seen this?
REPRESENTATIVE MARTINEZ: No.
REPRESENTATIVE AARON PENA: And you claim to know nothing about the investigation currently being conducted?
REPRESENTATIVE MARTINEZ: No.
REPRESENTATIVE AARON PENA: Is there any reason why this bill would remove this one person from the job that you are currently under investigation from?
REPRESENTATIVE MARTINEZ: Representative, it doesn't remove anybody from -- it just -- if you read the bill, which you clearly haven't. I can try to read it to you but I can't make you understand it. It says that the city manager of a municipality may not be appointed as the department head of the fire or police department, unless the city manager satisfies the qualifications for appointment appropriate for the position provided under sub Section-B.
REPRESENTATIVE PENA: Now the city manager, if I'm correct, he replaced one of your friends; did he not?
REPRESENTATIVE MARTINEZ: No, he didn't. He hasn't replaced anybody.
REPRESENTATIVE AARON PENA: He's taken a position held by one of your friends; is that correct?
REPRESENTATIVE MARTINEZ: No.
REPRESENTATIVE AARON PENA: One of your friends is not the chief, the fire chief?
REPRESENTATIVE MARTINEZ: We had a fire chief who --
REPRESENTATIVE AARON PENA: -- was your friends?
REPRESENTATIVE MARTINEZ: No, no. Wait a second. We had a fire chief who he, himself, he took a voluntary separation package in 2011 of January.
THE SPEAKER: Representative King raises a point of order. The gentleman's time has expired. The point of order is well taken and sustained. Anyone wishing to speak on, for, or against House Bill 3736? Chair recognizes Representative Pena in opposition to House Bill 3736.
REPRESENTATIVE AARON PENA: Members, you rarely hear that I represent parts of Wasico, because I'm from Edinburgh. But I do, in fact, represent part Wasico. And when the city issues a statement to you, as was issued to Representative Martinez, because the letter I have, as y'all can come see, is addressed to him. And I simply have a copy. It's signed by Leonardo Oliveira, who is a lawyer. And he says, for variety of reasons, that the city is against this bill. Now, I don't like bringing up that there's a currently an audit taking place, and the person who's taking the audit is the person who was removed. This is not the way we should be conducting ourselves, in filing legislations against people you want to retaliate against. And I would ask, if you want to see the letter, please come up and look at it. That you vote you against this bill.
THE SPEAKER: The chair recognizes Representative Martinez to close.
REPRESENTATIVE MARTINEZ: Thank you, Mr. Speaker, members. And I'm unaware of any investigation that Representative Pena has. I mean he should be investigated for not living in his district, first of all. This is not to remove anybody -- This does not remove anybody --
THE SPEAKER: Mr. Martinez, members, please, we beg you, leave the personal comments out and stick to the bill. Thank you.
REPRESENTATIVE MARTINEZ: As I said, the person should live in the district. But the city manager of a municipality may not be appointed as a department head of a fire or police department unless the city manager satisfies the qualifications. All we're saying is that if we want a department head to be a fire chief or the police chief they must satisfy the qualifications as required under 143. And, members, I apologize for any remarks that have been made on this floor.
THE SPEAKER: Question occurs on the final passage of House Bill 3736. This is a record vote. The clerk will please ring the bell. Have all voted. All voted? There being 36 ayes, 78 nays, 17 present, not voting, 19 absent; House Bill 3736 fails to pass. Chair lays out on third reading and final passage Senate Bill 141. Clerk will please read the bill.
CLERK: S.B. 141 by Anchia. Relating to debt management services and the regulation of debt management services providers.
THE SPEAKER: Mr. Anchia? Mr. Smithee?
REPRESENTATIVE JOHN SMITHEE: Move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against SB 141? The question occurs on the final passage of S.B. 141. This is a record vote. Clerk will please ring the bell. Show Mr. Strama voting aye. Have all voted? Have all voted? Mr. Creighton voting aye. Have all voted? There being 114 ayes and 18 nays, 2 present not voted. S.B. 141 is finally passed. Chair lays out on third reading and final passage S.B. 1431. Clerk will read the bill.
CLERK: S.B. 1431 by Corona. Relating to the functions of the insurance company holding systems.
THE SPEAKER: Chair recognizes Mr. Smithee.
REPRESENTATIVE JOHN SMITHEE: Mr. Speaker and members, I'm going to ask you to do something that's not done very often. I have got a complete substitute on third reading. And let me explain how we came to this point. If you will, I messed up yesterday, and we had prefiled a complete substitute on second reading. I didn't -- I messed up and didn't offer the amendment. And I could have reconsidered the vote, but I didn't want to kill any bills. This amendment has been prefiled now for about -- between 36 and 48 hours. It was at the time I prefiled it again for the Senate Bill, which was created. This is a heavily negotiated bill that TDI needs very badly, the Department of Insurance. It is a bill that is designed to allow them to deal with insurance holding companies. And what this came out of was the AIG situation. Where AIGs insurance operations were running very well, very profitably, but they got in trouble with other areas. And because of that they didn't have the early detection that you would normally have with the insurance companies, and we came very close to really having a major break down with our insurance industry where they wouldn't have been money available to pay insurance claims. This has been heavily negotiated among all the industry. And the reason for the substitute is because we had some members of the industry who had some issues with the original bill. And yesterday, when I didn't offer the amendment, we had a number of the interested parties who said wait a minute, we negotiated this, we trusted the department to do this. So I would move for --
THE SPEAKER: Chair lays out the amendment.
REPRESENTATIVE JOHN SMITHEE: No, Hunter, I'm not ready --
THE SPEAKER: Chair lays out the amendment. Clerk will read the amendment.
CLERK: Amendment by Smithee.
THE SPEAKER: Chair recognizes Mr. Smithee to continue explaining his amendment.
REPRESENTATIVE JOHN SMITHEE: And this is the amendment that is the substitute, and I would move adoption.
THE SPEAKER: Mr. Smithee offers up an amendment and it's acceptable to the author. Is there any objection? Chair hears none. So ordered.
REPRESENTATIVE JOHN SMITHEE: And for Mr. Hunter's benefit, once again, there is no rate increase in this bill. And so I would move passage.
THE SPEAKER: Anyone wishing to speak on, for, or against House Bill 1431? Thank you, Mr. Branch.
REPRESENTATIVE DAN BRANCH: Just a real quick question, John. And I appreciate your expertises and knowledge in this material and your hard work. But how many pages of amendments is this?
REPRESENTATIVE JOHN SMITHEE: Well, it's a long amendment. And basically it's a rewrite of the bill. It's the same substance of the bill, we just had to rewrite it to be able to get some of these provisions where there needed to be in there.
REPRESENTATIVE DAN BRANCH: But are you making any major substantive changes?
REPRESENTATIVE JOHN SMITHEE: No. It tweaks some edges, that -- because of the stakeholders and the process, it doesn't impose any new regulations, really doesn't have a material impact on the original bill that was filed. And I don't know of anyone that opposes it.
REPRESENTATIVE DAN BRANCH: Okay. Thank you.
THE SPEAKER: Anyone wishing to speak on, for, or against S.B. 1431? Question occurs on the final passage of Senate Bill 1431. This is a record vote. The clerk will ring the bell. Have all voted? Show Representative Kolkhorst voting aye. Have all voted? There being 124 ayes, 3 nays, 4 present not voting; Senate Bill 1431 is finally passed. Chair recognizes Representative Orr for an introduction.
REPRESENTATIVE ROB ORR: Mr. Speaker and members, I'm very honor today have some of the young men and woman, 4th graders from Bossy County in Texas. They are over here in the south gallery. If y'all would please stand up and welcome to the Texas House of Representatives.
REPRESENTATIVE JOE STRAUS: Chair lays out on third reading House Bill 2380. Clerk, read the bill.
CLERK: H.B. 2380 by Shelton. Relating to employment by school districts of certain persons under probationary contracts.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Shelton.
REPRESENTATIVE MARK SHELTON: This is the -- 2380 is a provision of contract in schools with language agreed on with Mr. Reynolds and myself. I move passage.
REPRESENTATIVE JOE STRAUS: Question occurs on the final passage of House Bill 2380. It's a record vote. Clerk, ring the bell. Have all voted? Show Representative Kolkhorst voting aye. Show Representative Branch voting aye. Show Representative Chisum voting aye. Have all voted? There being 134 ayes and 0 nays, house Bill 2385 is finally passed. Chair lays out on third reading and final passage House Bill 2507. Clerk, read the bill.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker, before we get to that, may I recognize to make a motion to put the comments between Mr. Branch and Mr. Smithee in the journal, please?
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
UNIDENTIFIED MALE SPEAKER: Thank you.
REPRESENTATIVE JOE STRAUS: Chair lays out House Bill 2507. The clerk will read the bill.
CLERK: H.B. 2507 by Chisum. Relating to the offense of installing an irrigation system without a license.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, 2507 just gives TECQ the ability to make a Class-C misdemeanor charge against someone if they install an irrigation system without a license. This is already against the law to install systems for someone if you don't have a license. This just makes sure that there's a penalty to go with it because, right now, if you don't have a license nothing anybody can do about it.
REPRESENTATIVE JOE STRAUS: Question occurs on the final passage of House Bill 2507. It's a record vote. Clerk ring the bell. Show Representative Kolkhorst voting aye. Have all voted? There being 125 ayes and 11 nays; House Bill 2507 is finally passed. Chair recognizes Representative Phillips for a motion.
REPRESENTATIVE LARRY PHILLIPS: Thank you, Mr. Speaker and members, we've voted on this bill a while ago, House Bill 59 and it went down. And I couldn't figure out why. And I'm going to ask that we move to reconsider this. And this is a bill by Representative Martinez. I think that we're getting tired, we are getting frustrated, those are the amendments that was put onto it. When I looked onto the vote that came out of the committee, I saw Paxton, Simpson, Parker and Phil King and I said why did the conservatives vote against it? It's because of the amendment that Mr. Menendez put on. Mr. Menendez has agreed to pull that amendment off. And it's a good bill and I'm going to ask very quickly to vote, consider the vote -- and then vote on that. House Bill 59. And again, it was a Menendez amendment that caused somebody a problem that created a homeless. So I would make that motion.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 59. Clerk, read the bill.
CLERK: H.B. 59 by Menendez. Relating to recipients of financial assistance administered by the Texas Department of Housing and Community Affairs.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you. What this bill does is it sets out for the -- it sets up for the Housing Committee Affairs, you know how they build these facilities and it's supposed to be to help the poor and the elderly. Well, oftentimes, they rent them out and don't save spaces for the elderly or the poor, which is why they are built and why they come here to us and ask for us to build them. And all this does is it says guys, you have to reserve and actually open up those and leave them to -- to make sure we actually have them open for the poor and elderly like we intended, which is why we have them built and why we have these facilities in the first place. I think it's a good bill. And if we are going to have the housing, which is federal housing, and it comes -- we need to do it. I would move passage. Okay. Before I do that, I going to move to reconsider the vote by which the Menendez amendment got on and ask it to come off.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
UNIDENTIFIED MALE SPEAKER: Mr. Speaker, I have an parliamentary inquiry.
REPRESENTATIVE JOE STRAUS: State your inquiry.
UNIDENTIFIED MALE SPEAKER: Does the motion to reconsider not require a one hour notice?
REPRESENTATIVE JOE STRAUS: Mr. Phillips moved to suspend the rule.
UNIDENTIFIED MALE SPEAKER: And I was objecting as I was walking back here. I would like to have a moment to talk about this bill. Well, maybe 60 moments.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members, I request permission for the Committee on Public Health to meet while House is in session at 5:10 on May the 13th, 2011, place 1W.14, the Ag Museum, to consider pending business. S.B. 7 in particular. Members of Public Health, if you could meet me down there it should be a fairly, short formal meeting.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gooden for a motion.
REPRESENTATIVE LANCE GOODEN: Mr. Speaker and members, I move to suspend all necessary rules excuse me -- to suspend 5-Day Posting Rule to allow the Committees on County Affairs to consider H.B. 3832, S.B. 303 and S.B. 1906 and pending items, on Monday the 16th at 9:45 a.m. in E2030.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Mr. Eissler on the floor of the House? Chair recognizes Representative Eissler.
REPRESENTATIVE ROB EISSLER: Thank you, Mr. Speaker and members, I would like to suspend the 5-Day Posting Rule to allow the Committee on Public Education to consider Senate Bills 205, and Senate Bill 471. 8:00 a.m. May 17th, 2011, E2036. E2036.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following announcements. Clerk will read the announcements.
CLERK: The Committee on County Affairs will meet at 9:45 a.m. on May 16th, 2011, at E2.030. This will be a public hearing to consider H.B. 3832, S.B. 303, S.B. 1906 and pending items.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gonzalez.
REPRESENTATIVE NAOMI GONZALEZ: Thank you Mr. Speaker and members, in the House today, up in the gallery, we have with us Ricardo Cortez who is a student at Burgess High School which happens to be in District 76. Ricardo is here today because he's a finalist in the Texas' citizen's B, which he will be completing in tomorrow. He is here with his teacher, Mr. Daniel Skirsley*. If you would please rise for recognition? Thank you for being here and welcome to the Texas House of Representatives. And I also would like to acknowledge his family that are here with them. Mrs. Cortez, thank you for being here. And you are going to make this club tomorrow in the finals. Thank you.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Members, sorry to delay everybody. I withdraw my motion. Thank you. Have a good weekend.
REPRESENTATIVE JOE STRAUS: Representative Farrar and Taylor of Galveston move suspend all necessary rules to allow all remaining bills on today's general state calendar on third reading and final passage to be passed, and to use the vote on the record vote on House Bill 1250. It's the record vote for all the remaining bills. With the understanding that a member may record a vote on any bill with the Journal Clerk. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 1250. The clerk will read the bill.
CLERK: H.B. 1250 by Frullo. Relating to the use of facsimile signatures for certain documents involving certain municipalities.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Creighton.
REPRESENTATIVE BRANDON CREIGHTON: Move passage.
REPRESENTATIVE JOE STRAUS: Members, the question occurs on the final passage of House Bill 1250. Clerk, ring the bell. This is final passage of House Bill 1250. Have all voted? There being 138 ayes and 0 nays, House Bill 1250 is finally passed. Chair lays out the following bills on third reading and final passage -- to be passed. It's a record vote. It's recorded on House Bill 1250. Clerk, read the bill.
CLERK: HB 1122 (by Weber). Relating to the trafficking of persons. HB 1129 (by Kolkhorst). Relating to a study by the attorney general of the effects on state law and authority of certain international and other agreements and bodies. HB 1856 (by Woolley). Relating to the prosecution of and punishment for the offense of tampering with a witness. HB 2120 (by D. Miller). Relating to the composition of the board of trustees of the Teacher Retirement System of Texas. HB 2496 (by Gonzalez, V. Gonzales, Lucio, Madden, Dukes, et al). Relating to creating a teen dating violence court program and the deferral of adjudication and dismissal of certain dating violence cases. HB 3268 (by Lyne). Relating to permits for air contaminant emissions of stationary natural gas engines used in combined heating and power systems. HB 3167 (by Callegari), Relating to the abolishment of the state regulation of talent agencies and personnel services. HB 3746 (by Frullo, Gallego, Menendez, Branch, et al.), Relating to investigations of certain offenses involving the Internet-based sexual exploitation of a minor; creating the Internet crimes against children account to support those activities. HB 3747 (by McClendon, D. Miller, and Lozano), Relating to the selection of and requirements for serving as a member of the board of trustees of the Teacher Retirement System of Texas. HB 2383 (by Geren). Relating to a study regarding the reenactment of the franchise tax credit or providing other incentives for certain research and development activities. HB 1036 (by Legler). Relating to eligibility to file a sworn complaint with the Texas Ethics Commission. HB 2032 (by Darby). Relating to performance and payment security for certain comprehensive development agreements. HB 452 (by Lucio). Relating to temporary housing between academic terms for certain postsecondary students who have been under the conservatorship of the Department of Family and Protective Services. HB 599 (by Jackson). Relating to the release of certain criminal history record information subject to an order of nondisclosure. HB 629 (by Pickett). Relating to the use of municipal or county sales tax increment financing for a transportation reinvestment zone. HB 1547 (by Larson). Relating to the desired future conditions of groundwater resources within groundwater management areas. HB 2292 (by Hunter and Hopson). Relating to payment of claims to pharmacies and pharmacists. HB 2493 (by Torres). Relating to authorizing enterprise project half designations and quarter designations under the enterprise zone program. HB 2525 (by Harper-Brown). Relating to a mechanic's, contractor's, or materialman's lien for landscaping. HB 2603 (by Smithee), Relating to the distribution of universal service funds to certain small and rural local exchange companies. HB 1937. Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties. HB 3320 (by Hunter). Relating to costs related to the towing and storage of a motor vehicle for certain law enforcement purposes. HB 1681 (by Harless, C. Anderson, Legler, and Nash). Relating to the composition of the Finance Commission of Texas. HB 3754 (by Hilderbran). Relating to powers and duties of the Office of Public Utility Counsel to represent residential and small commercial consumers in certain water or sewer utility service matters before the Texas Commission on Environmental Quality. HB 3833 (by Phillips). Relating to the adoption of a uniform collaborative law Act in regard to family law matters. HB 96 (by Fletcher and Burkett). Relating to the exclusion of certain witnesses during a criminal proceeding. HB 326 (by Guillen). Relating to the reporting requirements of a state agency that is undergoing review by the Sunset Advisory Commission. HB 230 (by Phillips). Relating to the authority of a county to regulate the location of halfway houses in the unincorporated areas of the county; providing a penalty. HB 720 (by Hartnett, et al). Relating to the designation of a person as a vexatious litigant. HB 1363 (by McClendon and Harper-Brown). Relating to the transfer of permit procedures and enforcement related to oversize and overweight vehicles from the Texas Department of Transportation to the Texas Department of Motor Vehicles. HB 1408 (by Flynn). Relating to combination resident hunting and fishing licenses for military personnel. HB 2443 (by Price). Relating to the offense of remaining, parking vehicles, or erecting structures on certain state property. HB 3390 (by Lavender). Relating to money allocated under the federal-aid highway program. SB 331 (Madden, Gallego, Bonnen, Coleman, Rodriguez, et al. - House Sponsors). Relating to designating certain synthetic cannabinoids as controlled substances under the Texas Controlled Substances Act; providing penalties and establishing certain criminal consequences or procedures. SB 356 (Kleinschmidt - House Sponsor). Relating to awards for certain members of the state military forces inducted into federal service in support of Operations Iraqi Freedom, New Dawn, and Enduring Freedom. SB 1353 (Solomons, Thompson, Phillips, Hartnett, L. Gonzales, et al. - House Sponsors). Relating to certain claims against persons licensed as real estate brokers and salespersons. SB 690 (S. Miller - House Sponsor). Relating to the enforcement of a self-service storage facility lien; providing a penalty. SB 1217 (Hilderbran - House Sponsor). Relating to an excavator's duty to notify a notification center before excavating; providing civil and criminal penalties. SB 403 (Murphy - House Sponsor). Relating to the consideration of pension and other post-employment benefits in establishing the rates of a gas utility. SB 1140 (Hartnett - House Sponsor). Relating to payment by a water control and improvement district for certain damages caused by the district's operation of a sanitary sewer system. SB 509 (Lozano - House Sponsor). Relating to the validation of a home-rule charter for certain municipalities. SB 1165 (Truitt - House Sponsor). Relating to certain enforcement powers of the banking commissioner; providing administrative penalties.
REPRESENTATIVE JOE STRAUS: Chair declares those bills that were just read by the clerk be finally passed by the record vote, House Bill 1250, with the understanding that a member may record a vote with the Journal Clerk. Is there any objection? Chair hears none. So ordered. Are there any other announcements? If not, Representative Otto moves the House stands adjourned until 11 a.m. on Monday, May 16th.
(The House stands adjourned).
