REPRESENTATIVE JOHNSON: Thank you, Mr. Speaker. Members, I'm honored to introduce to you today the reverend Dr. M.L. Curry. Reverend Curry has been the pastor of the New St. Paul Missionary Baptist Church since January of 1974, and he serves as the President of the Dallas West Interdenominational Ministerial Alliance of Non-Profit that aims to create a new direction for religious leaders in the West Dallas community. Reverend Curry also serves as the president of the Dallas West Social Investment Corporation. He's on the Board of Directors for the Birdie Jackson Foundation, and he serves as the member of the PTA of LB Pinkston High School in District 100. Reverend Curry's first sermon was titled "Here am I Lord, send me and I'll go." And this is the motto by which he's led his life. He was recognized by president George H.W. Bush for his years of service when he was invited to DC for the signing of the Affordable Housing Act in 1992. And as continuing proof of his willingness to go anywhere the Lord sends him, Reverend Curry's traveled from Dallas to be with us here today to deliver the invocation. So please join me in giving a warm welcome to our Pastor of the Day, the Reverend, Dr. M.L. Curry.
REVEREND CURRY: Thank you. Would you bow your heads as we pray. Almighty God, the source of all authority and worth, ability and good, we pray that you guide our minds with your inspiration and further all of our doings with your prevailing help. Persuade us to the keeping of your laws and the promotion of good in all that we enact here today. May each one truly put the good of those whom they represent before all party distinctions or rivalry before their own self-advancement or character. May I come in to be appropriate, liberal and constructive, and our decisions fruitful that this region my truly be a harmonious and happy witness to your goodness. Now, Lord, bless us all one by one and then all collectively. In the name of our Lord and Savior, Amen.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Zerwas to lead us in the pledge.
REPRESENTATIVE ZERWAS: Members and guest in the gallery, please join us in the pledge of allegiances to our nation's flag and the state flag.
(Pledges of Allegiance)
SPEAKER OF THE HOUSE: Excuse Representative Boback because of illness on the motion of Representative Patrick. Excuse Representative Harless temporarily because of important business on the motion of Representative Patrick. Is there an objection? Chair hears none. So ordered. The Chair recognizes Representative Workman to introduce our Doctor of the Day.
REPRESENTATIVE WORKMAN: Thank you, Mr. Speaker, Members. It's my pleasure today to introduce to you Dr. Love Paul of Austin as our Doctor of the Day. Dr. Paul lives in my District and practices with the Austin Medical Group. He's also been coming here for over years, being our Doctor of the Day, so he's given extensively to the House. He's a member of the Texas Academy of the Family Physicians, the Texas Medical Association, the Travis County Medical Society, the Texas Endo American Physicians Society. The American Association of Physicians of Indian Origin and is a staff member at North Austin Medical Center. Before coming to Austin Dr. Paul practiced medicine for 26 years in Representative Genie Morrison's hometown of Victoria, where he was president of the Kappa County Medical Society and Chief of Staff at the Victoria Regional Medical Center. Dr. Paul is specialty certified by the American Board of Family Practice. So, Members, we're in very good hands today. Please help me welcome Dr. Love Paul to the Texas House.
(Brief recess taken.)
SPEAKER OF THE HOUSE: Excuse Representative Anderson because of a funeral. Is there an objection? The Chair hears none. So ordered. Representative Workman moves the House suspend with the Reading of Referral Bills until the end of today's business. Is there an objection? The Chair hears none. So ordered. Members, this is a Memorial Resolution. Please take your seats.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hildebran for a motion.
REPRESENTATIVE HILDEBRAN: Mr. Speaker, Members, I move to suspend all necessary rules, take up and consider HCR 1, a Memorial Resolution for former Governor and Great Texan Dolph Briscoe.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out HCR 1.
CLERK: HCR 1 by Hildebran, whereas the State of Texas lost a distinguished native son with the death of former Governor, Dolph Bristol, Jr., on June 27, 2010, at the age of 87. And whereas Dolph Briscoe, Jr., was born in Uvalde on April 23rd, 1923 to Dolph Briscoe, Sr., a prominent oil man and rancher, and Georgie Briscoe. His family had deep routes in Texas and his ancestors included Andrew Briscoe, a signor of the Texas Declaration of Independence, and Randolph Foster, member of Stephen F. Austin's Old 300 Columnists. Raised in the company of many famous Texans of the day, Dolph Briscoe, Jr., glimpsed his future as a nine-year old in 1932, when he spent the night at the governors mention and slept in a bed once used by Sam Houston. And whereas he graduated as valedictorian of Uvalde High School in 1939 and went on to graduate from the University of Texas where he was editor of the Texas year book. Answering his nation's call to duty during World War II, this patriotic Texan enlisted in the U.S. Army and served in the U.S. And whereas returning state side, Dolph Briscoe settled in his hometown with his wife the former Janie Slaughter, who many he met and married while a student at UT. He soon entered politics, winning election to the Texas House of Representatives in 1948 and once in office, made it his priority to pass legislation creating a statewide system of Farm to Market Roads. The Dolph Briscoe Act of 1949 subsequently helped revolutionize the farm economy in Texas. And whereas Representative Briscoe left the legislature after eight years to take over the family ranch and in 1960 he became the youngest President of the Texas and Southwestern Cattle Ranchers Association. He worked hard in that role to advocate for advocation, and his efforts eventually led to successful program that is still considered one of the most important developments in the history of the industry. Among the many other organizations that benefitted from Dolph's leadership through the years, are the South Texans' Chamber of Commerce, the Texas Chamber of Commerce, the National Livestock & Feed Board, the Mohair Council of America and the United Way of San Antonio and Bexar County. And whereas he became the 40th Governor of Texas in 1972, and in 1974 he won reelection by carrying 247 of the states 254 counties. In 1975 a law went into effect that extended the governor's term of office, making Governor Briscoe the first to serve a four-year term. During his tenure he signed into law a series of Ethic's Reform Measures, as well as the Texas Open Records Act, granting the public access to government records. He also signed legislation creating the Texas Public Utility Commission. And whereas following his political career, Governor Briscoe remained active in ranching and served as Senior Chair of the family-owned, First State Bank of Uvalde. Moreover, he devoted himself to philanthropic work, giving generously to the UT system in particular, with gifts to the UT Health Science Center in San Antonio, UT M.D. Anderson Cancer Center, and UT Southwestern Medical Center. In 2008 he donated $15 million to the Center for American History at UT Austin, which was later renamed in his honor. He was especially concerned with Texas history and traditions and when the Governor's mansion burned, he was the first to contribute towards its restoration. And whereas Governor Briscoe drew strength from his long and loving partnership with Mrs. Briscoe until her passing in 2000, and he also enjoyed the love and support of two daughters and a son. And whereas the Lone Star State gained immeasurably from the visions and outstanding contributions of Dolph Briscoe, and his longstanding legacy will continue to shape the lives of Texans for years to come. Now, therefore, be it resolved that the 82nd legislature of the State of Texas hereby pay tribute to the life of the Honorable Dolph Briscoe, Jr., and extends sincere condolences to the Members of his family. To his son, Dolph Briscoe, III; to his daughters, Janie Briscoe Marmion, and Seal Briscoe Carpenter; to his five grandchildren and to his other relatives and friends. And be it further resolved an official copy of this Resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Governor Dolph Briscoe.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hildebran.
REPRESENTATIVE HILDEBRAN: Mr. Speaker, on behalf of the joint authors, Representative Gallego, Representative Tracey King and Representative Richard Raymond, and all Members of the Texas House who loved Governor Briscoe, I move adoption.
SPEAKER OF THE HOUSE: Members, this is a Memorial Resolution. All those in favor please rise. The motion is unanimously adopted. Joined authors move to add all Members' name. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hildebran.
REPRESENTATIVE HILDEBRAN: Mr. Speaker, each us want to make a few remarks about our experience with Governor Briscoe. I can tell you as a native Uvaldean, I grew up inspired by Governor Briscoe, and I'm probably pursued a career in the Texas House of Representatives in public office because of him and his inspiration. And I'm so proud that we come from the same hometown and he has been such a Great Texan for all of us.
SPEAKER OF THE HOUSE: The Chair recognizes Representative King.
REPRESENTATIVE KING: Thank you, so much, Mr. Speaker and Members and Representative Hildebran and Representative Gallego. Speaker Strauss is also a Joint Author on this Resolution, myself, Richard Raymond. I had the privilege of representing the county for a number of years that Governor Briscoe and Mrs. Briscoe lived in, as well as one of his daughters, Janie Briscoe and then also grew up and represented Denton County where CHIP Briscoe has made his family has lived there for a number of years. So I represented several of the family members here in the legislature and the Texas Legislature. We have some of them here with us today, and it's my honor and privilege to introduce those to you. On the dais with us this morning we have on the left, on my left-hand side, starting on my left, we have Seal Briscoe Carpenter. If you could raise your hand for us, seal. Thank you so much. And we have Janie Briscoe Marmion on the right there. And then in the gallery to my left over here, we have Governor Briscoe's long-term, long-time administrative assistant, Ms. Barbara Woodman who's with us here today. And long time assistants Harry McAdams and Howard Richards. So if you all could stand, we'd appreciate it. If you could join me in giving all of these a round of applause. And not with us today is Governor Briscoe's son. He has three children, two daughters and a son, and his son's name, we call him Chip, Chip Briscoe, and he was unable to be with us today, but he has been in that part of the world for a long time, also. So thank you so much for allowing me to introduce the family members.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Raymond.
REPRESENTATIVE RAYMOND: Thank you, Mr. Speaker. Members. The first campaign I worked on I was years old was to reelect Dolph Briscoe Governor, 1934. I didn't get to vote, even though I grew up in the county but I still asked people to vote for him and I'm very proud of that. When I was a senior in High School I met him on the south steps of the Capitol on Sunday when I was up here visiting some of my friends at UT. He was very nice to stop and talk to me. I never forgot that. As the time went by, obviously, I got to know him personally. He was a very wonderful man. Someone who loved this state and someone who, I think, is a great example of what we should all aspire to. We should all aspire to make this state a greater place and I think we all do. We don't always agree on how to get there, but I think Governor Briscoe exemplifies public service, the drive to make Texas even greater. He tried to do that his whole life, his whole life, from the time he was a young man, and when he got into politics, got elected, and then when he went back and focused on the private sector and came back and got elected Governor and after. He never stopped trying to make this an even better state. And I'm so happy that we're honoring him and that his family is here and that you all are here to join in the celebration.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.
REPRESENTATIVE GALLEGO: Thank you, Mr. Speaker. Growing up in Alpine, some 400 Miles away from Austin and probably about 300 Miles away from Uvalde, you get to read and hear about people. And it's amazing for me, when I met Governor Briscoe, when I was -- I had already been elected to a member of the legislature. It was amazing to me to meet this person that I had heard about and read about and find out how human he was. How real he was and what a really decent, good human being he was. We all have, in the course of the debates that we've had this Session have talked about religion and core values and morality. And I will tell you that Governor Briscoe, for me, really epitomizes two things: First, that rule about do unto others. He was always conscious, always conscious of the people around him and how it would impact the state and what it would do to others. And the other thing is that little rule about that also comes from the Bible, not only about do unto others, but whatsoever you do to the least of my brothers. He epitomized that, too. Because not only was he kind, but he invested in people. He invested in helping others. He invested in causes. He invested as a building name for him and so often he gave money for kids out there to go to school. He invested in the United Way. He invested in the libraries. The museums. Intellectual pursuits. He invested in the Cancer Center. There wasn't a cause that he believed in that he didn't invest in. And help. And that made tremendous difference to people across the way. He was a huge fan of the American Legion Debate Program that helped bring kids from all over the state to Austin, to teachers them and train them in leadership. Talk about someone who walked the walk. And that was Dolph Briscoe. And I will tell you literally Texas is the poorer for his passing. So it gives me great pleasure to welcome the family, with great sadness, though, because one person that we should all be like who was civil and nice and kind and gentle to every single person that he ran across, regardless of philosophy or disagreement. My mother would say (Spanish) he was just a good person. So thank you, Members, and thank you for allowing us a few minutes to honor the family and to think about and remember a very great leader, Dolph Briscoe.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Solomons.
REPRESENTATIVE SOLOMONS: Thank you, Mr. Speaker and Members. For those on the House Redistricting Committee, I would like to remind you we're meeting at 11:00 o'clock today in the Ag Museum.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gooden.
REPRESENTATIVE GOODEN: Mr. Speaker, Members, I move to suspend all necessary rules to take up and consider HR 1815.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? So ordered. The Chair lays out the following Resolution.
CLERK: HR 1815 by Gooden, honoring Tinley Johnson for her services to the Athens community.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gooden.
REPRESENTATIVE GOODEN: Mr. Speaker, Members, I'd like to introduce you all to Tinley Johnson today. Stand up, Tinley. Tinley's from Crossroads High School which is in Anderson County in my District, and she's here today because we're recognizing her for all of her contributions the to the community back home. She's active in the Athens and Crossroads area and Special Olympics and she's active in the Food Bank there. And she's really just an outstanding student. And to top that off, she's completed a 4.0 GPA of 55 college credit hours before she's even graduated from high school. So she's going to college by this fall with half of it already done. So she'll be back here, I guess, maybe serving in the legislature some day in no time and I'd like for you all to recognize her and give her a round of applause. Thank you. I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis.
REPRESENTATIVE DAVIS: Thank you, Mr. Speaker. Members. I'd like for you all to take a moment to let me introduce some special guests here today. On the podium we have a guest from the Dallas Black Chamber of Commerce. As you know, the Dallas Black Chamber of Commerce was selected in 1926. It's a longstanding icon in the African American enterprise in Dallas. Today, we are pleased to have the Board of Directors and Executive Director here to honor them for their efforts as it relates to economic development and economic involvement with the African American community. At this time, Members, I'd like to suspend all necessary rules to take up House Resolution 1735.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out the following Resolution. The clerk will read the Resolution.
CLERK: HR 1735 by Davis of Dallas, whereas the Members of the Dallas Black Chamber of Commerce, Board of Directors provide the organization with exemption leadership and service and they are indeed worthy of recognition. And whereas founded in 1926, the Dallas Black Chamber of Commerce is the oldest and largest African American Chamber of Commerce in Texas. Throughout its history it served as an advocate for African American economic progress and it has greatly contribute to the robust business environment in north Texas. And whereas the respected civic leaders who serve on the chambers board are committed to fostering the success of the African American enterprises of the Dallas area and to supporting the advancement of the African American community. The considerable expertise in the community are assets of immeasurable value to the organization and its Members. And whereas the 2011 Board of Directors is composed of Audrey Andrews, Trey Black, Rose Blare, Anthony Brown, Samuel Brown, Martin Burrell, Alfred Cobb, Mark Cook, Connie Davis, Lisa Evans, Tiffany Evans, Clifford Freeney, Sean Pullham, Walter Franklin, Hugh Harrison, Barbara Hawkins, Ronald Hague, Ronald Hague, II, Jerry Haynes, Sonja Hopkins, Matthew Houston, Darren James, Michael Johnson, Katrina Keyes, Sharon King, Leonard Long, Susan McElroy, Charles Mitchell, SB Nash, Charles McNeal, Malcolm Robinson, Jennifer Terabeau, Joe Walker, Kevin Walker, Samuel Washington, Perry White and Gwen Wilson. And whereas esteemed Texans give generously of their time and talent, the House and the Chamber and its vital endeavors, striving continually to ensure a bright per future for their fellow citizens. Now, therefore be it resolved that the House of Representatives of the 82nd Texas Legislature hereby honor the Members of the Dallas Black Chamber of Commerce Board of Directors and extend to them sincere best wishes for their continued successes. And be it further resolved that an official copy of this Resolution be prepared for the board as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis. Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Davis.
REPRESENTATIVE DAVIS: Members, I'd like to introduce a guest on the podium today. We have the Chairman of the Dallas Black Chamber of Commerce, Mr. Ron Hague and, Ron, if you all would just acknowledge so we know who they are. The president Mr. Charles O' Neal. Second vice-president, Mr. Mark Cook. Parliamentarian, Jenny Terabeau. Former Chair, Mr. Jerry Haynes. Forth Vice-Chairman, Mr. Michael Johnson, and secretary, Mr. Clifford Freeney. If you would join me and the other Dallas delegation, Members, as we welcome the Dallas Black Chamber of Commerce and welcome them to their Texas House at this time. The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Mr. Speaker, I move to add all Members' names to the Resolution.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Representative Giddings and Representative Thompson move to add all Members' names. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Thank you, very much, Mr. Speaker. Full disclosure, I am a former Chairman of the Dallas Black Chamber of Commerce, and as I'd like to remind these guys, the first female after about years and, guys, I still am the person who built the building. But in all seriousness, the Dallas Black Chamber of Commerce has been a major force in the progress in terms of Dallas. Being founded in the 1920s, its first officers were physicians and doctors and ministers because they needed people whose incomes could not be cut out when they spoke out on some of the issues that were facing Dallas. Like all Chambers of Commerce, they're involved with promoting enterprise and developing leadership. But in addition to that, they had a lot of work to do in terms of working on some of the social issues and changes that needed to be made in Dallas. In addition to being one of the largest Chambers of Commerce, it is not only the oldest Chamber of Commerce in the State of Texas, it is the oldest Black Chamber of Commerce in the State of Texas. It is the oldest Black Chamber of Commerce in the country, and its former leaders reads like a who's who of Dallas. People like RA Hester who founded the first Black bank in Dallas. Amacio Smith who fought so very, very hard for the right to vote. Judge Ron White and Juanita Kraft. Indeed, Members, the Dallas Black Chamber of Commerce has stood the test of time and we're very proud of it.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis.
REPRESENTATIVE DAVIS: Again, Members, I thank you for welcoming and greeting the Dallas Black Chamber of Commerce. We're going to be down in the Members' Dining Room, E1 for lunch and if you want to stop by and visit and introduce yourself to the Members and join us, you're welcome. As we take our lunch break, we'll be there for a moment. So thank you.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Koempel for a recognition.
REPRESENTATIVE KOEMPEL: Thank you, Mr. Speaker. Members. In the gallery, she's not paying attention, but there she is, a good friend mine from Seguin, Loren Smith and her daughter, Sergeant, is with us today. So help me in welcoming them to the State House. Good to have you all here.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Howard for a recognition.
REPRESENTATIVE HOWARD: Thank you, Mr. Speaker, Members. We have someone visiting with us today that I wanted to introduce you to and she's also a part of Representative Strama's area. This is Diana Kramer who is in the east gallery. There you are, thank you, Diana. Ms. Kramer was paralyzed four years ago in an accident and she now resides in a nurse ing home. She's concerned about what underfunding Medicaid in Texas would mean to her and other disabled Texans. Though Diana wishes to return to work, she is currently forced to live in the nursing home because of the long waiting list for low-income housing and community services. The bill we passed in the House originally included a ten-percent reduction in Medicaid rates paid to care facilities. Now we're hearing, as of yesterday, that the Budget Conferees decided not to make that ten-percent cut. However, the proposal's still short 4.8 billion needed to cover case-load growth in the next two years. Without funding to cover increased case loads, the waiting list will only get longer, and more Texans with disabilities, like Diana, will have no other option but to continue living in a nursing home rather than leading productive and independent lives in their communities. So, Members, the most important thing we'll do this Session, of course, is to pass the budget and we need to do better for our citizens. Diana Kramer has come here today to be with us and to make sure we recognize that the decisions we make are affecting real Texans and real people. So I ask you to please with welcome Diana to her Capitol. Thank you, Diana.
(Brief recess taken.)
SPEAKER OF THE HOUSE: Madame Doorkeeper, for what purpose?
DOORKEEPER: Madame Speaker, I have a message from the messenger from the Senate at the Door of the House.
MESSENGER: Thank you, Madame Speaker, I'm directed by the Senate to inform the House --
(Brief recess taken.)
SPEAKER OF THE HOUSE: Members, we are about to go on the Calendar. Members, the Chair lays out on third reading and final passage, SB 5. The clerk will read the bill.
CLERK: SB 5 relating to public institutions of higher education, including the administration, application, and management of reporting requirements of those institutions.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Shelton.
REPRESENTATIVE SHELTON: Madame Speaker, I move to postpone this bill to 1:59 p.m. today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. The Chair lays out on third reading SB 544. The clerk will read the bill.
CLERK: SB 544 by Zulliger relating to unlawful acts against or other criminal offenses regarding the Medicaid Program.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Shelton.
REPRESENTATIVE HILDEBRAN: Thank you. Members, this is the Medicaid Fraud Bill from yesterday. Move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for, on or against SB 544? The question occurs on the final passage of SB 544. This is a record vote. The clerk will ring the bell. Have all Members voted? Have all Members voted? Being 129 ayes. 0 nays. Two present not voting, Senate Bill 544 has finally passed. The Chair lays out on third reading and final passage Senate Bill 688. The clerk will read the bill.
CLERK: SB 688 by Nichols relating to the investigation of prosecution and punishment of criminal Medicaid fraud and certain other offenses relating to Medicaid fraud providing penalties.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Creighton.
REPRESENTATIVE CREIGHTON: Madame Speaker, Members, this is the Medicaid Fraud Bill we passed yesterday. I move passage.
SPEAKER OF THE HOUSE: Members, is there anyone wishing to speak for, on or against Senate Bill 688? The question occurs on final passage of Senate Bill 688. This is a record vote, Members. The clerk will ring the bell. Have all Members voted? Have all Members voted? There being 129 ayes, 0 nays, two present not voting, Senate Bill 688 has finally passed. The Chair lays out on third reading and final passage Senate Bill 1106. The clerk will ring the bell.
CLERK: SB 1106 by Harris relating to the exchange of confidential information among certain governmental entities concerning certain juveniles.
SPEAKER OF THE HOUSE: The Chair recognizes Mr. Taylor to explain the bill.
REPRESENTATIVE TAYLOR: Mr. Speaker, Members, Representative Madden asked me to step in for him. We have one perfecting Amendment to make sure that county justice and municipal courts have access to this information.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Madden.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: It's acceptable to the author. Move passage.
SPEAKER OF THE HOUSE: Representative Madden sends up an Amendment.
REPRESENTATIVE GALLEGO: Madame Speaker?
SPEAKER OF THE HOUSE: Representative Gallego, for what purpose?
REPRESENTATIVE GALLEGO: Since that was the Third Reading Amendment, there was really no explanation other than it was acceptable to the author.
REPRESENTATIVE TAYLOR: I explained it before I came up. This would include county, justice or municipal courts exercising jurisdiction over juvenile to be included authority for access to information.
REPRESENTATIVE GALLEGO: Thank you.
REPRESENTATIVE TAYLOR: Sure.
SPEAKER OF THE HOUSE: Representative Taylor sends up an Amendment. It's acceptable to the author. Is there any objection? Hearing none. The Amendment is adopted. The Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Mr. Speaker, I move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak on or against Senate Bill 1106? The question remains on final passage of Senate Bill 1106. This is a record vote. The clerk will ring the bell. Have all Members be voted? Have all Members void? There being 128 ayes, 0 nays, two present not voting, Senate Bill 1106 has finally passed. The Chair recognizes Representative Hardcastle to introduce some young students here today.
REPRESENTATIVE HARDCASTLE: Thank you, Madame Speaker and Members. We have Redistricting Committee going this morning so I'm standing in for Chairman Keffer. And I would like for you all to recognize the Travis Cadets. Their teacher, Ms. Cody Jordan. They're from Travis Elementary school in Mineral Wells, and they will be performing in the rotunda at 12:30 this afternoon. And if you all would all stand, we'd like to welcome you to your Texas House. Thank you, Members.
SPEAKER OF THE HOUSE: The Chair lays out on third reading and final passage, Senate Bill 683. The clerk read the bill.
CLERK: SB 683 by Huffman relating to the composition of the Board of Directors of the Gulf Coast Water Authority.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Bonnen.
REPRESENTATIVE BONNEN: Mr. Speaker, Members. This is a bill that we worked very hard with Representative Eissler and Representative Taylor on. It is a local matter, adding a Fort Bend and Brazoria County to be in the Gulf Coast water authority. So they'll be two out of the nine seats, seven which from Galveston County. I appreciate your indulgence. I appreciate the Natural Resources Committee who sat through a long hearing and voted this bill out unanimously. So I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for, on or against Senate Bill 683? The question occurs on final passage of Senate Bill 683. This is a record vote. The clerk will ring the bell. Have all Members voted? Have all Members voted? There being 124 ayes, two nays, four present not voting, Senate Bill 683 has finally passed. The Chair lays out on third reading and final passage Senate Bill 652. The clerk will read the bill.
CLERK: SB 652 by Hagger relating to governmental entities sunset review process.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Bonnen.
REPRESENTATIVE BONNEN: Members, this is the Sunset Schedule Bill. Senator Hagger's proud to be here. He came over. It's so important he chose to be on the floor and watch us pass this momentous bill. I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for, on or against Senate Bill 652? The question occurs on final passage of Senate Bill 652. It's a record vote. The clerk will ring the bell. Show Representative Bonnen voting aye. Show Representative Truitt voting aye. Have all Members voted? There being 128 ayes, 0 nays, two present not voting, Senate Bill 652 has finally passed. The Chair lays out on third reading and final passage Senate Bill 1504. The clerk will read the bell.
CLERK: SB 1404 by Zulliger relating to the disposal of non-party compact of low-level waste at Texas low-level radioactive waste disposal facility.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lewis.
REPRESENTATIVE LEWIS: Yes, Madame Speaker and Members. This is Senator Zulliger's bill setting fees at capacity limits on waste disposal in Andrews County. And I move passage.
REPRESENTATIVE BURNAM: Madame Speaker.
SPEAKER OF THE HOUSE: For what purpose, Mr. Burnam?
REPRESENTATIVE BURNAM: May I ask the gentleman a clarifying question?
SPEAKER OF THE HOUSE: Will the gentleman yield?
REPRESENTATIVE LEWIS: Of course I'll yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE BURNAM: Thank you. On yesterday, Representative Gerren offered an Amendment that suggested it was a minor technical Amendment. But in reviewing the Amendment and the comments I think there's some confusion created, and I'd like for you to try to help clarify that. The distinction between the license would need to be amended but, in fact, it requires the license to be modified. Could you explain your understanding of the Amendment. Would it be to amend the license or modify the license? That's substantially different because of the nuances of the TCEQ process.
REPRESENTATIVE LEWIS: You know, Representative, that was Representative Gerren or Chairman Gerren's Amendment. I accepted that Amendment. But as far as the nuances, exactly what that means in TCEQ parlance, I would not be able to speak to that and I'm not advised.
REPRESENTATIVE BURNAM: Well, in fact, for clarification and for legislative intent, would you say that the Amendment itself may speak more clearly for legislative intent than the comments yesterday?
REPRESENTATIVE LEWIS: For Chairman Gerren on what his intention was and what his intention was in that Amendment, it's my understanding the Amendment was meant to make sure that the TCEQ still played a role with regard to what their rules and the application, which they had approved, that they still have control of that and management of that decision.
REPRESENTATIVE BURNAM: Well, in fact, the Amendment says, and I'm reading verbatim from the Amendment. The license holder may not accept any non-party compact waste for disposal at the facility until the license has been modified, as opposed to amended by the Commission to specifically authorize the disposal of non-party compact waste. Would you agree, in fact, that that's what the Amendment says?
REPRESENTATIVE LEWIS: Well, I don't have it before me, but let me say just what it says. If you say that's what it says, I trust your reading of it.
REPRESENTATIVE BURNAM: May I offer you a copy of the Amendment so we can clarify this?
REPRESENTATIVE LEWIS: Pardon me? Yes. I'm reading what you presented to me, which certainly appears to be a copy of the Amendment that was adopted, and it adds the language, "the license holder may not accept any non-party compact waste or disposal the facility until a license has been modified by the commission to specifically authorize the disposal of non-party compact waste." That's what it says.
REPRESENTATIVE BURNAM: So for purposes of legislative intent, and you're a judge, you understand why that intent is important. The Amendment itself would supersede comments from the floor yesterday?
REPRESENTATIVE LEWIS: I think when the courts look at our legislation, if they can determine the intent from the document and it's clear from the document what was intended, that's what they go by, rather than comments of Members. I don't know the extent to which, if it's not clear that, the comments of the author or the testimony comes into that but I think it's sometimes used to help interpretation.
REPRESENTATIVE BURNAM: We've all made mistakes as we speak, and I think that's what occurred yesterday, and I would appreciate having our exchange reduced in writing and put in the House Journal. I so move.
REPRESENTATIVE LEWIS: And, again, those comments are by Chairman Gerren and I do not mean to interpret what he said in any way.
REPRESENTATIVE BURNAM: I understand, but during the presentations yesterday we heard a lot about legislative intent in 2003, which was not the intent as I understood from 2003. So I'd like to have this reduced and put in writing in the journal, if we may, please.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none. So ordered.
REPRESENTATIVE BURNAM: Thank you.
REPRESENTATIVE LEWIS: Thank you. Sir. Again, I move passage.
SPEAKER OF THE HOUSE: Is there anyone wishing to speak for, on or against Senate Bill 1504? Again, the question occurs on final passage of Senate Bill 1504. This is a record vote. The clerk will ring the bell. Show Representative Anchia voting no. Have all Members voted? Have all Members voted? There being 91, ayes, 38 nays, one present not voting, Senate Bill 1504 has finally passed.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The following announcements. The clerk will read the announcements.
CLERK: The Committee on Pensions, Investments and Financial Services will meet upon lunch recess, today, May 18, 2011, at House Desk No. 6. This will be a formal meeting to consider SB 1285 and SB 1286. The Committee on Criminal Juris Prudence will meet upon lunch recess, today, May 18, 2011, at 3W.9. This will be a formal meeting to consider pending business and SB 518 and SB 1843.
SPEAKER OF THE HOUSE: Members, we have a concurrent Resolution. The Chair recognizes Representative Workman.
REPRESENTATIVE WORKMAN: Madame Speaker and Members. I move to suspend all necessary rules to take up and consider Senate Concurrent Resolution 50, congratulating Admiral Bobby Inman for receiving the Joe Kilgore Award.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objections? Hearing none. The motion is adopted. The Chair lays out the following Resolution. The clerk will read the Resolution.
CLERK: SCR 50 by Watson, whereas Admiral Bobby R. Inman has served the nation with honor and distinction over a course of a career that has seen him dedicate his considerable talents to safeguarding the nation's freedom. And whereas the 1950 graduate at the University of Texas at Austin, Admiral Inman has been awarded the Joe M. Kilgore Award for Public Service from the Greater Austin Commission. The Commission was founded in 1997 to support Central Texas Law Enforcement and raise public awareness about crime prevention. And it's celebrating its 15th Anniversary this year. And whereas Admiral Inman served in the United States Navy from 1951 to 1982. While on active duty he served as Director of the National Security Agency and was Deputy Director of Central Intelligence. And whereas since his retirement with a permanent rank of Admiral, he has played an important role in securing funding for start-up technology companies. And serve as Chairman and Chief Executive Officer of the Microelectronics & Computer Technology Corporation, and President and Chief Executive Officer of Westmark & Simms Incorporated. He is the director. And whereas Admiral Inman has worked to pass on his extensive knowledge of policy issues as the Lyndon B. Johnson Centennial Chair and National Policies at the University of Texas at Austin. He served as the interim dean of the Lyndon B. Johnson School Public Affairs in 2005, and from 2009 to 2010. And whereas Admiral Inman's contributions as a military officer, businessman, philanthropist and educator have greatly again fitted our state and nation, and he is truly deserving of recognition from the Texas Legislature. Now, therefore be it resolved that the 82nd Legislature of the State of Texas hereby commend Admiral Bobby R. Inman for his exceptional service and extend congratulations to him on receiving the Joe M. Kilgore Award for public service. And be it further resolved that a copy of this Resolution be prepared for him as an expression of high regard from the Texas Legislature.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Workman.
REPRESENTATIVE WORKMAN: Madame Speaker. Move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none. The motion is adopted. Representative Craddick moves to add all Members' names. Is there any objection? Hearing none. So ordered. The Chair recognizes Representative Workman.
REPRESENTATIVE WORKMAN: Madame Speaker, Members. It is indeed an honor for me to recognize this Texas legend with SCR 50. Bobby Inman has served our country in the utilities Navy for over 30 years and when he retired with the permanent rank of Admiral. While on active duty he served as the director of the National Security Agency and Deputy Director of Central Intelligence. After retiring from the Navy he was named as Chairman and CEO of the Microelectronics & Computer Technology Corporation, better known as MCC here in Austin. And that really is the group that put Texas on the map from electronics. He then served as Chairman and President and CEO of Westmark Systems and later the Chairman of the Federal Reserve Bank in Dallas. Admiral Inman also has a long history with the University of Texas, graduating in 1950 he became an adjunct professor in 1987 and was appointed as tenured professor, holding the Lyndon B. Johnson Sentinel Chair in National Policy in August of 2009. He served as interim dean at LBJ School of Public Affairs in 2005, and was appointed in 2009 to serve as interim dean a second time. Admiral Inman's primary activity since 1990 has been investing in start-up technologies where he's a Managing Director of Ventures & Limestone Ventures. Let me say, I've heard Admiral Inman a number of times, and the depth of knowledge about world affairs is incredible and he can speak contemporaneously on that and you just don't want limb to stop. He just keeps going on. Admiral Inman, who I might add, recently turned 80 years of age, was honored a few weeks ago by the Greater Austin Crime Commission with the Joe Kilgore Award for Public Service. The award as established to honor persons for outstanding public service and through his service to Austin and to Texas and to the nation, it's no surprise that Admiral Inman would add the Kilgore Award to his long list of outstanding accomplishments. This morning up on the dais we have with us Admiral Inman, of course, joined by Federal Board Members of the Austin Crime Commission, Joe Holt, who is the Chairman of JP Morgan Chase here in Austin; Kenny Jastro, who is the former CEO of Temple-Inland; Ralph Wayne, who is a former member of this House, Former Chairman of the Ethics Commission, Former Chief Deputy Controller of the State of Texas and Former President of the Texas Civil Justice League; and finally Kerry Roberts, the Greater Austin Crime Commission and the Texas Civil Justice League. In the gallery we have visiting with us Members and directors and students from the Longhorn Leaders Program. If they would rise. Where are they at? There they are over here in the north gallery. Please welcome them. And, Members, please welcome Admiral Inman and Members of the Greater Austin Crime Commission to the House of Representatives. Thank you.
SPEAKER OF THE HOUSE: The following announcement. The clerk will read the announcement.
CLERK: The Committee on Agriculture & Livestock will meet upon lunch recess today, May 18, 2011, at Desk No. 25 on the House Floor. This will be a formal meeting to consider pending business.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hardcastle to remind the Members of something.
REPRESENTATIVE HARDCASTLE: Thank you, Mr. Speaker. Members. The Ag Committee will meet for a very short meeting at my desk, Desk No. 25 on first recess to finish pending business. Thank you.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Scott.
REPRESENTATIVE SCOTT: Yes, Members, I would like to draw your attention to one of our very own, it is her very special day and she's hiding out. Would Representative Sarah Davis please stand up and everyone congratulate her on her birthday. Here she comes.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lucio.
REPRESENTATIVE LUCIO: Madame Speaker, Members. The Texas Healthcare Association will be holding blood pressure screenings today until 3:00 p.m. in the ground floor rotunda. Given the stress level we are all experiencing these days, it might be a great idea for all of us to get our blood pressure checked out. I'd like to thank you, the THCA, for volunteering their time and resource resources today. Members, I encourage you today, hopefully we're going to have a lunch recess. Go by and check it out real quick. Make sure we're all okay and can finish the race in a healthy way. Thank you.
SPEAKER OF THE HOUSE: Members, if you have any announcements, please bring them down front. The Chair announces the signing of the following in the presence of the House.
CLERK: SB 14, SB 118, SB 132, SB 328, SB 420, SB 977, SB 1125, SB 1353, SB 1693 and SB 25.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Taylor for an announcement.
REPRESENTATIVE TAYLOR: Thank you, Madame Speaker. The Republican Caucus will be meeting at 1:30 in the Ag Museum. Thank you.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gonzalez of Hidalgo.
REPRESENTATIVE GONZALEZ: Thank you, Madame Speaker. I request permission for the Committee Boarder and Intergovernmental Affairs to meet while the House is in Session at 2:00 p.m., today, May, 18, 2011 in 3W.9 to consider Senate Bill 1649.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. The following announcement. The clerk will read the announcement.
CLERK: The Committee on Boarders and Intergovernmental Affairs will meet at 2:00 p.m. today, May, 18, 2011 at 3W.9. This will be a formal meeting to consider SB 1649.
SPEAKER OF THE HOUSE: Members, are there any further announcements? If not, the House stands in lunch recess until 2:00 p.m. today. The House will Stand at Ease until 2:35.
(House Stands at Ease).
REPRESENTATIVE THOMPSON: Mr. Speaker and Members. I move to suspend all necessary rules to allow the Local & Consent Calendar Committees to set a Local Consent and Resolution Calendar for Thursday, May 19, 2011, at 10:00 a.m.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered.
REPRESENTATIVE THOMPSON: Mr. Speaker and Members. I request permission for the Committee on Local Consent and Resolution Calendar to meet while the House is in Session at 3:30 p.m. today, May 18, 2011, at 1W14 to consider a local and consent Calendar.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Oliveira.
REPRESENTATIVE OLIVEIRA: Thank you Mr. Speaker. The Land & Resources Management Committee will meet to discuss pending business and we will meet while the House is in Session. I request permission to meet at 3:30 in 3M4, which is the old Court of Appeals room, not the Supreme Court room, the old Court of Appeals, to consider pending business. I so move.
SPEAKER OF THE HOUSE: Members, you heard the motion. Is there an objection? The Chair hears none. So ordered. Representative Alvarado.
REPRESENTATIVE ALVARADO: Thank you, Mr. Speaker. Members, I request to have all the suspended following rules, the Five-Day Posting Rule to allow the Committee on Urban Affairs to consider SB 1234 and SB 649.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered.
REPRESENTATIVE SHEFFIELD: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Sheffield, for what reason?
REPRESENTATIVE SHEFFIELD: We have this guy here again.
SPEAKER OF THE HOUSE: Admit the guy.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following action...
SPEAKER OF THE HOUSE: The Chair recognizes Representative Alvarado.
REPRESENTATIVE ALVARADO: Thank you, Mr. Speaker. I'd like to suspend the Five-Day Posting Rule to allow the Committee on Urban Affairs to consider SB 1234 and SB 649 at 3:30 p.m. today, May 18th.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hernandez-Luna. REPRESENTATIVE HERNANDEZ-LUNA: Thank you, Mr. Speaker. Members. I'd like to recognize some very special guests that we have in the gallery. We have the fourth grade class from Pomeroy Elementary. If you'll please stand. Members, please join me in welcoming them to the Capitol. Thank you for coming.
(Brief recess taken.)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Alvarado.
REPRESENTATIVE ALVARADO: I suspend the following Five-Day Posting Rule to allow the Committee on Urban Affairs to consider SB 1234 and SB 649 at 3:30 p.m. today in room 3N4.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The following announcements. The clerk will read the announcement.
CLERK: The Committee on Urban Affairs will meet at 3:30 p.m. on May 18, 2011, at 3N.4. Them be a formal meeting to consider SB 1234 and SB 649. The Committee on Local and Consent Calendar will meet at 3:30 p.m. today, May 18, 2011, at the Ag Museum in 1W.14. This will be a formal meeting to consider a Local and Consent Calendar. The Committee on Land & Resource Management will meet at 3:30 p.m., today, May 18, 2011, at 3N.4. This will be a formal meeting to consider pending business.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pitts.
REPRESENTATIVE PITTS: Mr. Speaker, Members. I move to postpone Senate Bill 1811 until Thursday, May the 19th at 8:00 o'clock.
SPEAKER OF THE HOUSE: Members, you've heard the motion.
REPRESENTATIVE PITTS: A.m.
SPEAKER OF THE HOUSE: The Chair hears none. So ordered. The Chair recognizes Representative Pitts.
REPRESENTATIVE PITTS: Mr. Speaker, Members, I move to postpone Senate Bill 1581 until May the 18th, Thursday, at 8:00 a.m.
REPRESENTATIVE GALLEGO: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Gallego, for what purpose?
REPRESENTATIVE GALLEGO: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE GALLEGO: When you postponed that until 8:00 a.m. and we adjourn until 10:00 does that put it in front of or behind the Local and Consent Calendar?
SPEAKER OF THE HOUSE: Mr. Gallego, it would make it eligible at 8:00 a.m. and it would be a matter of postponed business.
REPRESENTATIVE GALLEGO: It would be postponed business, and this postponed business, would that be considered ahead of the Local and Consent Calendar? That would put it at the top of the Supplemental Calendar? But what would it do in relation to the Local and Consent Calendar?
SPEAKER OF THE HOUSE: Mr. Gallego, it would be considered after the Local & Consent Calendar.
REPRESENTATIVE GALLEGO: It would be considered after the Local & Consent Calendar?
SPEAKER OF THE HOUSE: Correct.
REPRESENTATIVE GALLEGO: Has Mr. Pitts yielded the floor or is he available?
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pitts.
REPRESENTATIVE GALLEGO: Mr. Pitts, I don't envy you but let me ask you: I saw a statement. As I understood what you said yesterday, 1811 has to pass in order for you to have an agreement on or a chance of an agreement on the budget?
REPRESENTATIVE PITTS: That is correct.
REPRESENTATIVE GALLEGO: Is that how I understood you?
REPRESENTATIVE PITTS: That is correct.
REPRESENTATIVE GALLEGO: And your budget, as proposed, has what I would call, for lack of a better term, essentially the accounting, some deferrals and putting off and stuff, but has euphemistically been referred to as mimicking or smoking mirrors?
REPRESENTATIVE PITTS: The same thing you did when you were on Appropriations.
REPRESENTATIVE GALLEGO: Absolutely. As a Conferee I was occasionally guilty of doing certain things. I will be the first to confess. I guess my question is: How much money is like deferrals and those kind of things?
REPRESENTATIVE PITTS: It's somewhere between 1.8 and $2 billion.
REPRESENTATIVE GALLEGO: Because I'm reading from a statement from Governor Perry that says "a budget that's drains the Rainy Day Fund depends on accounting gimmicks or spends more than available revenues is harmful and unsustainable for taxpayers, employers and state lawmakers alike. I will not sign a partial state budget or allow it to become law." The Governor's statement -- is that something -- when he talks about those deferrals or those kind of things as accounting gimmicks -- is it that something that is weighed in or that you all have factored into your negotiations in conference?
REPRESENTATIVE PITTS: No. You know, the Senate Conferees and the House Conferees are very, very close, and I want to be able to get an agreement before we take up 1811. And I think we're very, very close. And we've worked with the Governor. We worked with the Governor. We've worked with the Senate Conferees and the Speaker and the House. The conferees have worked together the last week and we're very, very close.
REPRESENTATIVE GALLEGO: So you'll yield this discount as the Legislature's prerogative -- is this a discount, the Governor's statement that a budget that drains the Rainy Day Fund, depends on accounting gimmicks or spends more than available revenues is harmful and unsustainable? We'd just discount that?
REPRESENTATIVE PITTS: I'm not going to discount anything the Governor says. I'm not going to discount anything that any counterpart in the back of the Senate in the Chamber says. We're trying to work out an agreement, Pete, and we're very, very close.
REPRESENTATIVE GALLEGO: I understand that but what impact does the Governor's statement or does it have any impact at all?
REPRESENTATIVE PITTS: We have met several times today with the Governor, and I am going to repeat: We are very, very close with the Governor, with the Senate and with the House.
REPRESENTATIVE GALLEGO: So he's been part of this process?
REPRESENTATIVE PITTS: We have had several conversations with him today.
REPRESENTATIVE GALLEGO: I guess the reason that I'm surprised -- I appreciate that -- I'm surprised that he would issue a statement like that if he's been part of the process. Because it takes, as you know, he can either sign or he can line item veto or he can let the whole thing go. But at some point it's unusual, I would think for him to opine something like this. He acts like the impression that I got from reading it, is that he has not been allowed or his view has not been thought and he hasn't been able to participate in the process, but you're telling me that's not correct.
REPRESENTATIVE PITTS: I don't know when he made that statement, but I will tell you that he has been involved in the conversation, all day today, and the Senate and the House are very, very close in coming up with an agreement. And we hope to have an agreement by the morning.
REPRESENTATIVE GALLEGO: Thank you.
SPEAKER OF THE HOUSE: Ms. Giddings, for what purpose?
REPRESENTATIVE GIDDINGS: A Parliamentary Inquiry, Speaker.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE GIDDINGS: In view of the fact that the bill is being delayed and we will have a 2:00 p.m. deadline on yesterday for Amendments, is there any chance that there's a window for Amendments?
SPEAKER OF THE HOUSE: Ms. Giddings, if you can talk to the Parliamentarian, he will try to help you.
REPRESENTATIVE GIDDINGS: Thank you, sir.
SPEAKER OF THE HOUSE: Representative Villareal, for what purpose?
REPRESENTATIVE GIDDINGS: To ask the gentleman a question.
SPEAKER OF THE HOUSE: Mr. Pitts, do you yield?
REPRESENTATIVE PITTS: Yes, I will yield.
REPRESENTATIVE GIDDINGS: Mr. Chairman, do you know how many times this legislation has been postponed?
REPRESENTATIVE PITTS: I know how many times Senate Bill 1118 has been postponed. This is the first time.
REPRESENTATIVE GIDDINGS: And this may be the first time for the Senate Bill, but as you know, it is the vehicle for the House Fiscal Matters Legislation.
REPRESENTATIVE PITTS: That is correct.
REPRESENTATIVE GIDDINGS: Which has been postponed 15 times prior to this postponement.
REPRESENTATIVE PITTS: We are waiting for the bill to come over from the Senate and all of the bills to come over from the Senate and they are all over from the Senate now.
REPRESENTATIVE GIDDINGS: My understanding is that the last date to this Senate Bill is this coming Tuesday?
REPRESENTATIVE PITTS: I believe that's correct.
REPRESENTATIVE GIDDINGS: And if we fail to pass this, we will not be able to bridge the gap between the House version of the our budget and the Senate version of our budget?
REPRESENTATIVE PITTS: Mike, I think I got on this front mic and said if we don't pass Senate Bill 1811, Senate Bill 1581 and Senate Bill 23, we cannot have a budget.
REPRESENTATIVE GIDDINGS: Thank you.
SPEAKER OF THE HOUSE: Mr. Martinez-Fischer, for what purpose? REPRESENTATIVE MARTINEZ-FISCHER: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry. REPRESENTATIVE MARTINEZ-FISCHER: Could you tell me the effect of the rules, the difference between a motion to postpone and a motion to lay on the table subject to call.
SPEAKER OF THE HOUSE: Mr. Martinez-Fischer, the motion to lay on the table subject to call means the bill is subject to be called up at any time. REPRESENTATIVE MARTINEZ-FISCHER: So, Mr. Speaker, Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry. REPRESENTATIVE MARTINEZ-FISCHER: If there was a motion to lay 1581 on the table subject to call, would the Amendments that have already been pre-filed with the clerk also be laid on that table subject to the same call?
SPEAKER OF THE HOUSE: Mr. Martinez-Fischer, we'd have to research that. REPRESENTATIVE MARTINEZ-FISCHER: And I guess I'm only asking you, Mr. Speaker, only because if this is a motion to postpone, it's my understanding, I could be wrong, that Amendments would have to be re-filed and they wouldn't carry over with the Motion to Postpone or am I incorrect?
SPEAKER OF THE HOUSE: That's not correct. REPRESENTATIVE MARTINEZ-FISCHER: So if this Motion to Postpone prevails, then any Amendment that's been pre-filed by any member who wishes to have that Amendment laid out at the appointed time, will not have to pre file or do no further action at the Clerk's Office?
SPEAKER OF THE HOUSE: That's correct. REPRESENTATIVE MARTINEZ-FISCHER: Okay. And, Mr. Speaker, one more inquiry. If this Amendment prevails and the motion is postponed, some members be given an opportunity to file new Amendments, considering the Calendar Rules of 24 hours prior to the debate?
SPEAKER OF THE HOUSE: The Calendar Rule would not permit that? REPRESENTATIVE MARTINEZ-FISCHER: I'm sorry.
SPEAKER OF THE HOUSE: The Calendar Rule would not permit that. REPRESENTATIVE MARTINEZ-FISCHER: So if we'd postpone --
SPEAKER OF THE HOUSE: Yes, sir. That's correct.
REPRESENTATIVE VILLAREAL: Mr. Speaker, would the gentleman yield for one last question?
SPEAKER OF THE HOUSE: Mr. Pitts, do you yield?
REPRESENTATIVE PITTS: Yes.
REPRESENTATIVE VILLAREAL: Just to underscore the sense of urgency: As we postpone Senate Bill 1811, the sort of lynch pin to finalize our budget, Mr. Chairman, do you know how many teachers have been laid off thus far?
REPRESENTATIVE PITTS: I'm not advised.
REPRESENTATIVE VILLAREAL: 5,000. Do you know what the estimate is if House Bill 1, as written, as passed out of this, Chairman, how many employees will lose their jobs?
REPRESENTATIVE PITTS: I'm not advised.
REPRESENTATIVE VILLAREAL: Approximately 100,000 school base employees, including teachers.
REPRESENTATIVE PITTS: You know, Mike, you sat with me on Saturday, and you sat with us on trying to make our bill better so we can prevent some of that. And that's why I'm asking to postpone these bills.
SPEAKER OF THE HOUSE: Representative Sheffield has raised the Point of Order that the time has expired.
REPRESENTATIVE VILLAREAL: I appreciate your time.
SPEAKER OF THE HOUSE: Members, Representative Pitts moves to postpone Senate Bill 1581 until 8:00 a.m. tomorrow. Is there an objection? The Chair hears none. So ordered. Mr. Lucio, for what purpose?
REPRESENTATIVE LUCIO: Mr. Speaker, Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE LUCIO: Can we encourage Members to keep their Amendment packets so that we don't print the exact same document and waste all that paper tomorrow, please?
SPEAKER OF THE HOUSE: Thank you, Mr. Lucio.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hildebran.
REPRESENTATIVE HILDEBRAN: Thank you, Mr. Speaker. Members. I have some guests in the gallery, in the southeast corner over here. We have Ozona High School, 247 students. We have an AP English teacher, Tamara McWilliams, and a pre-AP English teacher Ms. Donna De Leon. Also, stay up there. We're going to meet. Stand and be welcomed to your House. And I'll meet you all outside for a picture out there in front. And, also, Members, we're about to have a Ways & Means Committee Meeting any minute now. So let's start moving that way. Thank you.
REPRESENTATIVE MARTINEZ: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Martinez, for what purpose?
REPRESENTATIVE MARTINEZ: Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE MARTINEZ: Last month when the House debated out House Bill 150, the Redistricting Bill. You ordered that all the remarks be reduced into writing and then placed into the journal; is that correct?
SPEAKER OF THE HOUSE: That was a request that was approved, yes.
REPRESENTATIVE MARTINEZ: Have the remarks been printed in the House Journal or any supplemental journal since then?
SPEAKER OF THE HOUSE: Just a moment. We'll check. No. The remarks have not been printed yet.
REPRESENTATIVE MARTINEZ: Is there a date certain by when those remarks will be printed in the journal prior to --
SPEAKER OF THE HOUSE: We're working with the Journal Clerk right here. You might come visit with her. Thank you. The Chair lays out on second reading SB 23. The clerk will read the bill.
CLERK: SB 23 by Nelson relating to Deficiencies in Cost of Health & Human Services and other regulatory state agencies, including child care assistance and other health-related claim.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Zerwas.
REPRESENTATIVE ZERWAS: Thank you, Mr. Speaker and Members. I'd move to postpone Senate Bill 23 to a time certain at 8:00 a.m. on May 19th.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out as a matter of postpone business SB 5 on third reading. Clerk read the bill.
CLERK: SB 5 by Zafrini, relating to the public institutions of higher education, including the administration, operation, financial management and reporting requirements of those institutions.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Branch.
REPRESENTATIVE BRANCH: Thank you, Mr. Speaker, Members. I move to postpone Senate Bill 5 to May the 19th at 7:59 a.m.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Cook for a motion.
REPRESENTATIVE COOK: Thank you, Mr. Speaker. I request permission for the Committee on State Affairs to meet while the House is in Session at 3:30 p.m. today May 18, 2011, place 1W14, Ag Museum, to consider SB 365, SB 1068, SB 1069, SB 855 and pending business.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The following announcement. The clerk will read the announcement.
CLERK: The Committee on State Affairs will meet at 3:30 p.m. on May 18, 2011, at 1W.14 in the Ag Museum. This will be a formal meeting to consider pending business, SB 356, SB 1068, SB 1069 and SB 8355.
SPEAKER OF THE HOUSE: The Chair lays out on second reading 662. The clerk will read the bill.
CLERK: SB 662 by Nichols relating to
(inaudible) providing administrative penalty.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Anchia.
REPRESENTATIVE ANCHIA: Thank you, Mr. Speaker and Members. This is the State Board of Examiners Specific Language Pathology and Audiology Sunset Bill. Move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Anyone wishing to speak for or against Senate Bill 662? If not, the question occurs on passage to engrossment of Senate Bill 662. All those in favor say is aye. All those opposed nay. Ayes have it. 662 has passed to engrossment. The Chair lays out on second reading SB 650. Clerk read the bill.
CLERK: SB 650 by Hagger relating to management of certain metropolitan rapid transit authorities.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Cook.
REPRESENTATIVE COOK: Thank you, Mr. Speaker. This is the Sunset Bill, which provides public transportation services for the Austin areas and outlying communities. These services include bus service, para transit service for persons with disabilities, and commuter rail for Austin to Leander. The major provision requires the board to adopt a strategic plan that clearly drives the budget in the five-year Capital Improvement Plan; requires the body to establish at least a two-month operative exam, no later than September the 1st, 2016; requires CAP Metro to competitively procure all transit services not provided by its employees. Authorizes CAP Metro to issue bonds to fund self-insurance or pension funds, and limits the authority to pension funds to exist in the state of 2011. I think there are some Amendments.
SPEAKER OF THE HOUSE: The following Amendment. The clerk read the Amendment.
CLERK: Amendment by Rodriguez.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Thank you, Mr. Speaker. This Amendment is an agreed-upon language by CAP Metro addressing para metro service in certain areas. Current language provides CAP Metro to continue to provide door-to-door service for people with disabilities who live in cities that voted to withdraw from CAP Metro only if those individuals were already receiving service when their city withdrew. However, a Disability Rights Group recently sued CAP Metro and required that this law requires CAP Metro to serve more people than withdrawing people than CAP Metro is serving today. Because it also provides that CAP Metro can recover the full cost of services than the cities required to withdraw, it also effects the withdrawing cities. As the negotiations of the team,
(inaudible) the Disability Rights Group has said they will drop the lawsuit if the compromise that was brokered is adopted into law. This Amendment basically is that compromise. The compromise will create the opportunities for more people in these cities as long as the person can prove that they were the resident of a withdrawing city when their city withdrew. And with that I move passage.
REPRESENTATIVE SCHWERTNER: Mr. Speaker.
SPEAKER OF THE HOUSE: Representative Schwertner, for what purpose?
REPRESENTATIVE SCHWERTNER: A couple questions, please.
SPEAKER OF THE HOUSE: Mr. Rodriguez, do you yield?
REPRESENTATIVE RODRIGUEZ: I yield.
REPRESENTATIVE SCHWERTNER: Representative Rodriguez, this is just a few questions. Is it true that Section IV 51.610, the Transportation Code requires CAP Metro to continue providing door-to-door transportation services to people with disabilities who live in cities that have voted to withdraw from CAP Metro?
REPRESENTATIVE RODRIGUEZ: Yes. That's correct. And it's my understanding that today CAP Metro services seven people in this requirement. The intention of the language that I'm proposing as a new subsection, 451.610 B, is to make sure that those for those seven existing customers, CAP Metro is required to continue providing each of those seven people the same level of service that that person received on January 1st of 2011, no more or no less.
REPRESENTATIVE SCHWERTNER: Thank you. One final question. Is it true that Section IV 51.610 G allows the city, a withdrawn city, to use the third-party provider instead of CAP Metro to transport eligible citizens? I want to make sure that CAP Metro has the authority to use the third-party provider instead of CAP Metro they want to. There are a lot of safe and reputable organizations that may be able to provide more services more efficiently to these withdrawn cities, and those cities should be able to serve their citizens through the third-party provider that they choose to.
REPRESENTATIVE RODRIGUEZ: Yes. That Section is completely correct. I completely agree with you. That a withdrawn city should be able to use a third-party provider if they want to, and that's my intention with this legislation.
REPRESENTATIVE SCHWERTNER: Thank you, Representative Rodriguez. Mr. Speaker, I move that these comments between Representative Rodriguez and myself be reduced in writing and entered in the journal.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered.
REPRESENTATIVE RODRIGUEZ: Move passage.
SPEAKER OF THE HOUSE: Representative Rodriguez sends up an Amendment. The Amendment's acceptable to the author. Is there an objection? The Chair hears none. The Amendment is adopted. Members, we're waiting on another Amendment. The Chair recognizes Representative Lantroupe for recognition.
REPRESENTATIVE LANTROUPE: Thank you, Mr. Speaker and Members, during this hectic day on the Floor of the House, I would like to take just a brief moment to recognize some special constituents that we have today. Representative Darby and I would like to welcome the fourth graders from Irion County Elementary school in Mertzon, Texas. Stand up and wave. Members, help me welcome them to their State Capitol.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.
REPRESENTATIVE GALLEGO: Thank you, Mr. Speaker. I would request permission of the House of the Committee on Criminal Juris Prudence to meet very briefly while the House is in Session at 4:00 p.m. today in room 3N44, which is the Court of Appeals courtroom, I believe, on the third floor, to consider a little bit of pending business. Again, I'm requesting permission for the Committee on Criminal Juris Prudence to meet at 4:00 p.m. today, the 19th, in Room 3N44, which, as I understand it, is the old Court of Appeals courtroom on the third floor to consider pending business. Members, let me correct myself. I may have said the 19th and I meant today. So I'm talking about today in about 45 minutes, and so if I said tomorrow, then I meant to say today.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. Excuse Representative Waldenberg on the motion of Representative Sheets. Is there an objection. The Chair hears none. So ordered. The following announcement. The clerk read the announcement.
CLERK: The Committee on Criminal Juris Prudence will meet at 4:00 p.m., today, May 18, 2011, at 3N.4. This will be a form formal meeting to consider pending business.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Kolkhorst.
REPRESENTATIVE KOLKHORST: Thank you, Mr. Speaker. Members. The Public Health Committee is meeting in 3W.9 as was earlier extended by and given permission by the House. If we could meet upstairs at 3W.9. Thank you.
SPEAKER OF THE HOUSE: The following Amendment. The clerk read the Amendment.
CLERK: Amendment by Workman.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Workman.
REPRESENTATIVE WORKMAN: Members, Mr. Speaker, my apologies for the delay. I was just trying to get a few things cleared up. This Amendment will add the requirement in the first part of the bill for them to develop a historically under utilized business policy and lays out some guidelines for that. It also increases transparency in Section I of the bill. And then it changes the amount of reserves from two months to three months, which they need to have, and it asks them to adjust that at least annually. And I move adoption.
REPRESENTATIVE TURNER: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Turner, for what purpose?
REPRESENTATIVE TURNER: Would the gentleman yield?
SPEAKER OF THE HOUSE: Does the gentleman yield?
MR. WORKMAN: Certainly.
REPRESENTATIVE SCHWERTNER: I'm sorry. I came in on the back end. What does the Amendment do again?
REPRESENTATIVE WORKMAN: This Capitol met proceed Sunset Bill lays out some things they need to do in particular, with their Capitol improvement. One of the things that was omitted was the requirement for them to develop a historically under utilized program. And I've added that in here. And in given them some guidelines for the historically underutilized deal. I've also increased the transparency by requiring them to post on their website their expenditures, their receipts and all that sort of thing. And then finally, the bill, the original bill, has a requirement for them to set up a reserve account, which maintains two months' of operating reserves, and I've changed that to three months, given them an afternoon to set up the account now, but have it fully funded by 2016, which is the way it really --
REPRESENTATIVE TURNER: Does it reduce the HUD Program at all?
REPRESENTATIVE HILDEBRAN: No. It requires them to set one out. There was a whole list of things that they were supposed to do on their Capital Improvements Project. This actually requires them to add that to their list.
REPRESENTATIVE TURNER: Okay. So it's not minimizing any program that may exist in terms of the HUD Program?
REPRESENTATIVE WORKMAN: No. It was just a number of things that they were supposed to do under the bill for Capital Improvement Projects, but that particular part was left out and I added that to it and then set out some parameters about it, not being a quota system is, but otherwise they need to develop that policy.
REPRESENTATIVE TURNER: Okay. Okay. Thank you, very much.
SPEAKER OF THE HOUSE: Representative Workman sends up an Amendment. The Amendment's acceptable to the author. Is there an objection? The Chair hears none. The Amendment's adopted. The Chair recognizes Representative Cook.
REPRESENTATIVE COOK: Members, I close. I'm going to accost you tomorrow. You may want to think very strongly about whether you want to vote for this bill or not. CAP Metro is an entity which has had historical problems. If they're able to correct themselves, this is going to be one of the greatest miracles ever been performed in Austin ever. And so I caution you tomorrow to take that into consideration when you cast your final vote.
SPEAKER OF THE HOUSE: Anyone wishing to speak on, for or against House Bill 1650? The question occurs on passage to engrossment of Senate Bill 650. All those in favor say aye. Opposed nay. The ayes have. Senate Bill 3650 has passed to engrossment. The Chair lays out on second reading Senate Bill 430. Clerk, read the bill.
CLERK: SB 430 by Nichols relating to written notice of ground water district of ground water contamination.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Christian.
REPRESENTATIVE CHRISTIAN: Thank you, Mr. Speaker. Members. This bill adds to the notification group of any contaminated ground water in a Local Ground Water District. I move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 430? If not, the question occurs on the passage to engrossment of Senate Bill 430. All those in favor say aye. Opposed nay. The ayes have it. Senate Bill 430 has passed to engrossment. The Chair lays out on second reading SB 764. Clerk read the bill.
CLERK: SB 764 by Williams relating to a prohibition of School District resource for a fiscal hotel.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Ridder.
REPRESENTATIVE RIDDER: Thank you, Mr. Speaker. Members, Senate Bill 764 prohibits the school board from imposing taxes, issuing bonds and authorizing the use of School District employees, property money or other resources to acquire property to build or operate a hotel. I move passage, Mr. Speaker.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 764? If not, the question occurs on passage to engrossment of Senate Bill 764. All those in favor say aye. Opposed nay. The ayes have it. Senate Bill 764 has passed to engrossment. The Chair lays out on second reading SB 800. The clerk will read the bill.
CLERK: SB 800 by Duncan relating to Workers' Compensation data collected and designated by commissioners of Workers' Compensation.
SPEAKER OF THE HOUSE: The Chair recognizes Representative King.
REPRESENTATIVE KING: Thank you, Mr. Speaker. Members. This is Representative Gary Elkins' bill. He asked me to lay it out for him. He's in Committee meeting. In 1999 the 76th Legislature passed HCR 2511, which added a provision to the Labor Code, aligned the Workers' Compensation Commission to contract with the Data Collection Agency to fulfill -- the Workers' Compensation Act requires the collection of a variety of data. This data is vital to the Texas Department of Workers' Compensation's ability to effectively monitor the city. TDIWC is interested in having the ability to determine whether it is more cost effective to collect data in-house or utilize the data statistical agent needed to collect needed data. Before they could engage in the designation of an agent and be obtained from the input of system participants, ensure that the designation of an agent is indeed cost effective and meets the needs of system participants who are responsible for reporting data to TDIWC. SB 800 would align the statutory authority for the commission of Workers' Compensation to designate a statistical agent for a collection of data with similar authority currently utilized by the Commissioner of Insurance. I move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 800? If not, the question occurs on the passage to engrossment of Senate Bill 800. All those opposed say aye. Opposed nay. The ayes have it and Senate Bill 800 has passed engrossment. The Chair recognizes Representative Oliveira for an announcement.
REPRESENTATIVE OLIVEIRA: Thank you, Mr. Speaker. I want to remind the Committee on Land & Resource Management we meet at 3:30 in the Court of Criminal Appeals room as per previous announcements. 3:30.
SPEAKER OF THE HOUSE: The Chair lays out HCR 129. The clerk will read the Resolution.
CLERK: HCR 129 by Patrick relating to the requirements of the Untied States Department of Education concerning Federal Student Aid by manning careers, school and colleges that are authorized to operate educational programs beyond secondary education, including programs leading to a degree or certificate.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Patrick.
REPRESENTATIVE PATRICK: Mr. Speaker, Members. This bill, HCR 129, ensures that our career schools and colleges continue to be eligible to receive federal, financial aid and I move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against HCR 129? If not, the question occurs on passage of HCR 129. It's a record vote. Clerk, ring the bell. Have all voted? There being 142 ayes and nays, the Resolution is adopted. The Chair lays out HCR 50. The clerk will read the Resolution.
CLERK: HCR 50 by Creighton determines the pride of all Texans and one are one indivisible national union and are one indivisible state, claiming sovereignty under the 10th Amendment of the Constitution, with the United States overall powers not otherwise enumerated and granted to the Federal Government by the U.S. Constitution; serving notice to the Federal Government to cease and desist from serving mandates, providing the service legislation be prohibited or repealed.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Creighton.
REPRESENTATIVE CREIGHTON: Mr. Speaker, Members, this is the HCR 50 that we passed last Session, reaffirming the 10th Amendment to the United States Constitution and reasserting Texas has its rights on the Constitution to handle issues traditionally that have been left to the state. As you remember last Session, and even by the House, we had 100 votes for the HCR. This Session we had very good hearing on it in Committee, and we've got the same Amendments that I worked with Representative Donovan Coleman on last Session, added to this same measure, and with that I would move passage.
REPRESENTATIVE DURNAM: Mr. Speaker, will the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Creighton, do you yield?
REPRESENTATIVE CREIGHTON: Yes.
REPRESENTATIVE DURNAM: Thank you, Representative Creighton, I'm not clearly understanding this HCR, nor am I understanding the impetus of why it might be necessary. Would you explain why you feel that the 10th Amendment in the Bill of Rights is under particular duress at this time.
REPRESENTATIVE CREIGHTON: Representative Burnam, as you remember, last Session --
REPRESENTATIVE DURNAM: Representative Leo Berman would appreciate if you get that right.
REPRESENTATIVE CREIGHTON: I got you straight. As you remember last Session, you and I had several conversations about the HCR. I had the support of half of your caucus, and we talked about a lot of the overreaching with respect to -- especially with unfunded mandates that are coming down to Texas, and we talked about some of those unfunded mandates, as they've effected the other states. We're seeing in this Session, especially with the --
REPRESENTATIVE DURNAM: Are these unfunded mandates anything like all the unfunded mandates that we're imposing on local government?
REPRESENTATIVE CREIGHTON: We're seeing, especially with this budget, the downward pressures of some of these acts --
REPRESENTATIVE DURNAM: Are you referring to the budget that we have adopted in this House, the downward pressures on local Government or are you talking about a different budget?
REPRESENTATIVE CREIGHTON: We're talking about the economic instability that you and I had a lot of conversation on with the Balanced Budget Resolution; and how the passage of this budget here in Texas, whether you're funding dads or whether you're funding mobility, public education or Junior Colleges --
REPRESENTATIVE DURNAM: Now, you realize, speaking of budget problems, that we could, in fact, all of our budget problems, either at the national level or at the this level, if we would just tax the rich at the same rate that we tax the lower percent income bracket?
REPRESENTATIVE CREIGHTON: Is that a question?
REPRESENTATIVE DURNAM: Yes.
REPRESENTATIVE CREIGHTON: I think you know what we're doing here, Representative Burnam, is reaffirming what we've already got in the Constitution and in our Texas Constitution, is reminding that Texas has authority to handle traditional issues. Representative Turner, standing right next to you -- I have much more confidence in his expertise related to CHIP than I do the Federal Government handling these issues. And I'd much rather -- --
REPRESENTATIVE DURNAM: So if this HCR's intent is to defend the 10th Amendment, should I just distribute memberships to the ACLU on the floor and let everybody join an organization that is committed to defending all of the Bill of Rights?
REPRESENTATIVE CREIGHTON: I appreciate you bringing that up. The ACLU, as you mentioned, with regard to the Real I.D. Act itself, uses the 10th Amendment regularly to make sure that the Federal Government does understand that issues that are traditionally left to the state, especially with economic unfunded mandates, like I'm talking about here in this HCR. The ACLU uses the 10th argument, quite often. The Real I.D. Act, which they distributed a lot of literature on last Session, it's just, alone to the Texas budget, it's $100 million a year.
REPRESENTATIVE DURNAM: Well, I assure you I'm against the Real I.D. Act, and I'm trying to have a better understanding why this Resolution is needed to --
REPRESENTATIVE CREIGHTON: My point is from the ACLU to it's groups that are traditional conservative groups or what have you, it's not uncommon over the past few years for these same -- for these groups to come together and use the 10th Amendment argument to speak out against federal overreaching, with regard to sending so many of these measures to the state, with a couple of years' worth of funding. But past that, the states on the hook to not only change our laws forever, but we don't have the funding that we need to go forward.
REPRESENTATIVE DURNAM: With these comments, you're not implying that the ACLU supports this HCR, are you? I mean, they testify at a lot of our hearings --
REPRESENTATIVE CREIGHTON: Tell me that one more time.
REPRESENTATIVE DURNAM: I said with your comments about the ACLU, you're not implying that the ACLU is in supplement of this HCR, are you?
REPRESENTATIVE CREIGHTON: Last Session they came into our office several times and talking about, in general, with the positive way that this HCR was drafted, that they were not going to oppose it, correct?
REPRESENTATIVE DURNAM: They didn't oppose it, but they're not supporting it either.
REPRESENTATIVE CREIGHTON: I haven't heard one way or the other. I know that the ACLU has used the 10th Amendment, you know, even this year in speaking out against the Real I.D. Act. And this measure is written so broadly, that it would encompass those arguments, as well.
REPRESENTATIVE DURNAM: Thank you.
REPRESENTATIVE CREIGHTON: Even within the scope of that, I think that we're on the right tract.
SPEAKER OF THE HOUSE: Representative Turner.
REPRESENTATIVE TURNER: Will the gentleman yield?
REPRESENTATIVE CREIGHTON: Absolutely.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE TURNER: Thank you. Representative Creighton, in terms of what we are trying to get at, what sort of enumerated powers that the Feds are encroaching upon as it relates to the state? What are we talking about specifically?
REPRESENTATIVE CREIGHTON: Well, it's a great question. You know, you have different political philosophies on this floor and across Texas.
REPRESENTATIVE TURNER: Right.
REPRESENTATIVE CREIGHTON: Those diverse philosophies is what makes this state so great. At the same time, they can assure that the Federal Government does what it is supposed to be doing within those enumerated powers, yet leaving the other rules traditionally to the state. You have differing opinions on --
REPRESENTATIVE TURNER: Give me an example. Give me an example of what we're talking about.
REPRESENTATIVE CREIGHTON: When you have enumerated powers within the Constitution by raising an Army, operating a Post Office, coining money, providing for the national defense. Protecting the border. On and on.
REPRESENTATIVE TURNER: So tell me where the Feds are encroaching upon Texas domain.
REPRESENTATIVE CREIGHTON: What you have, Representative Turner, is you have so much discussion with -- and I have a printout that's distributed through ALEC and through NCSL of so many of the mandates from the federal level that come to us.
REPRESENTATIVE TURNER: Okay. Give me one. Give me one so I know what we're dealing with. Because the reason why I raised the question: The Resolution said affirm the pride of all Texans and both our one and individual national union. And I'm certainly proud to be an American, and we can be in agreement on that, but if we're talking about certain rights. For example, there are certain states' rights that have occurred in our history that I do not endorse. There are certain rights, when it came to freedom. When it came to civil rights. When it came to slavery, you name it. So tell me specifically what we are doing here. Give me one mandate that you are focused on where the Feds have en coached upon the state's mandate.
REPRESENTATIVE CREIGHTON: You know, over the past few years, Representative Turner, we talked about, as Representative Burnam and I were visiting on the Real I.D. Act, no child left behind. There's some concerns with the Patient Protection Act, to the extent which the Commerce Clause allows a mandate. I'm not really focussing on this Resolution on specific acts, as much as I am the broad consent of over 20 to 30 years, how we consistently have had an expansion in what the Feds look at in what they can send us. But at the same time, they send us the measure without the cash. And you know --
REPRESENTATIVE TURNER: For example, let me give you an example. I'd like us to be consistent when we're going to send a Resolution. I'd like us to be consistent. In 2006 the State of Texas made a promise to our local school districts that we would fund them appropriately. In 2011 we are reneging on that promise have now, that is the State of Texas to our local school districts. Tell me why should we say one thing and do another? And why should we support a Resolution when we are doing -- using your words, when we are doing the very same thing to local governments that are accusing the Feds of doing to the state? And secondarily, why are we doing it now? Why didn't we do these Resolutions when President bush was the President? Why are we just doing it now? What is the target? Because repeatedly, Representative Creighton, I have sat at my seat and I've seen these Resolutions come one behind the other. I didn't see these Resolutions last Session, and are we targeting President Obama or are we targeting somebody else? Who is the Federal Government?
REPRESENTATIVE CREIGHTON: Well, I think you and I have had good conversations about -- I mean, your questions two part. You talked about mandate from the State to the local level, and you and I have had some good discussion on that and I'd be happy to answer that. And then the second part has to do with why are we bringing these Resolutions up now. And you're asking is it my intent to focus specifically on the current administration as opposed to a trend over time? And I thought I had done a pretty good job on my layout today and also two years ago, along with the letter that I distributed to all of the membership, when I saw this a couple of years ago. That it has absolutely nothing to do with any particular administration. But I will use as an example --
REPRESENTATIVE TURNER: But I'm not willing to accept that representation at this point in time.
REPRESENTATIVE CREIGHTON: Well, I put it in writing. I'm probably on Google talking about the 10th Amendment and my intent and my effort over the past couple of years. There might be a couple of hundred entries there, and you'll never find an entry that has any specific mention of this being isolated to the only the current administration. When I mention the Real I.D. Act, No Child Left Behind, the Patient Protection Act, I think, you know as well as anybody else that that's under President Bush and President Obama. I'd really like to not make this political about any administration, as I've been very clear about before. The intent of reemphasizing the 10th Amendment --
REPRESENTATIVE TURNER: Representative Creighton, you and I both know when we start dealing with these Resolutions, it's all political. Now, our politics may not align themselves, but let's not fool ourselves. These Resolutions are very much political.
REPRESENTATIVE CREIGHTON: Well, I think I've done a very good job, personally. In fact, in my first opening statements in my Select Committee on State Sovereignty, I made very clear that we're not spending time on these issues to point out only what the Federal Government is doing wrong. It is healthy and very much within the founder's intent for us to be talking about this balance constantly and we need to be talking about what Texas needs to be doing right. You asked me why these Resolutions did not happen prior? I came in in '07. I would have loved to have had the idea in '07, but as a freshman, I didn't file it in '09, I did. But I can tell you that it's very consistent with the Texas Legislature, Representative Turner, to have these Resolutions. As in 1995, the Texas Senate pass passed this Resolution with much less favorable language and broad language, especially with regard to respect for our national government and our union and love of this country. And the authors of this Resolution --
REPRESENTATIVE TURNER: Representative Creighton --
REPRESENTATIVE CREIGHTON: -- were Senator Armbruster, Senator West, Senator Ratcliff, Senator Whitmeyer, and Senator Nelson, and it's exactly the same language. So before I got here I didn't file it as a freshman, but in 1995 the same exact Resolution was passed when President Clinton was in office.
REPRESENTATIVE TURNER: You're saying the Resolution has already been passed?
REPRESENTATIVE CREIGHTON: No. It only passed in the Senate.
REPRESENTATIVE TURNER: I'm sorry.
REPRESENTATIVE CREIGHTON: It only passed in the Senate. So I guess what I'm saying to you is: You were asking why hasn't this been done before? I'm kind of asking: Why didn't we follow up with the good work we did in the Senate in '95 and continue forward to make sure both chambers got that message together? Because we are not making this any more political than we are from the back mic because I've been very, very consistent from the front mic.
REPRESENTATIVE TURNER: Maybe it was both from in our infinite wisdom in '95 that we realized that there was something there that we should not do. The point that I will make as I go to my seat is that if you feel this strongly and if this House feels this strongly about how the Federal Government is treating the State of Texas, I hope the same desire will be expressed when the State of Texas is treating its local municipalities, it's local governmental units. And that is, don't send mandates -- the State of Texas should not send mandates to our counties, to our school districts that we are not prepared to fund ourselves.
REPRESENTATIVE TURNER: You cannot say do as I say and not do as I do. And this Resolution, to me, is inconsistent when we are looking at what we are doing and how we are treating our local governmental entities. It's not consistent.
REPRESENTATIVE CREIGHTON: Well, it's a good point, and you and I have had good conversations about that --
REPRESENTATIVE TURNER: Then why don't we bring up this Resolution after we see what we do in the budget and everything else at the end of the Session and that way, what we preach will be reflective of what we actually do?
REPRESENTATIVE CREIGHTON: I'm going to pledge the same as I did prior. I think in February --
REPRESENTATIVE TURNER: Let's see how we vote on the budget. Let's see how we treat our school districts, and let's see whether or not we maintain the promise that we made in 2006 to our local school districts, Representative Creighton. Because in 2006 it wasn't the Federal Government, it was the State of Texas that made the promise to our school districts, that we would not accept, hold them harmless, let's see what happens at the end of this Session. That's not the Feds. That's not Obama. That's the State of Texas.
REPRESENTATIVE CREIGHTON: Well, I've got the time and the desire to work with you on both, Representative Turner, on minimizing our unfunded mandates to the local level, which are political subdivisions of the state. But at the same time the 10th Amendment establishes very clearly that there is dual authority in a wholesome rivalry between the Federal Government and the state, and we are the level of government closest to the people. I think that's why we're very effective. Our Congressmen do listen to this message.
REPRESENTATIVE TURNER: I understand the 10th Amendment. I understand the Constitution. And I understand state rights.
REPRESENTATIVE CREIGHTON: And you and I can make sure that the use of and the terminology involving state's right and the word sovereignty is used in the way that helps every single Texan and excludes no Texan in this state.
REPRESENTATIVE TURNER: Let's see whether or not our words match up with our actions when the State of Texas starts treating our local school districts. And if we treat them as we want the Feds to treat us, I will be more than happy to join you in this Resolution. But as I tell my daughter all the time and as she reminds me, "Dad, don't say one thing and do another." That should be the core message of what this Resolution and any other Resolution should be all about. Let's see whether or not we maintain our promise to the school districts that we made in 2006 and then I'll join you in this Resolution.
REPRESENTATIVE CREIGHTON: Well, it's my goal. I appreciate your comments and I have A lot of respect for you, as you know, and it's my goal to accomplish both. And I have the desire and intent to do so.
SPEAKER OF THE HOUSE: Representative Farrar, for what purpose?
REPRESENTATIVE FARRAR: Will the gentleman yield?
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE CREIGHTON: I will.
REPRESENTATIVE FARRAR: Mr. Creighton, can you tell me where in the Constitution is the enumerated power of the Federal Government to create and maintain an Interstate highway system.
REPRESENTATIVE CREIGHTON: You know, we've got inconsistencies with what we all might consider to be what falls within the enumerated powers for Congress to be within their jurisdiction under the Constitution. We can talk about some specific duties that are enumerated, like, you know, coining money, raising an Army. Operating a Post Office.
REPRESENTATIVE FARRAR: No. Those are explicit. I'm asking you about the implicit.
REPRESENTATIVE CREIGHTON: Well, I've got to segue here. So what I'm getting at is the reason why this Resolution is written so broadly, it is not within the scope of our intent of what we're doing here to speak to Congress or direct Congress on any specific acts or authority. They are supposed to use the Enumerated Powers Act, which was passed in 1996, very closely, along with unfunded mandates provisions and other things to be very careful with what they are supposed to be working on and the measures that they send to us but without the funding.
REPRESENTATIVE FARRAR: Do you believe that Congress has the power to do that? To have an Interstate highway system to create that?
REPRESENTATIVE CREIGHTON: Representative Farrar, there's not -- I just answered your question. Within --
REPRESENTATIVE FARRAR: You didn't answer my question.
SPEAKER OF THE HOUSE: Mr. Weber raises the Point of Order. The time has expired. The Point of Order is sustained. The following Amendment. The clerk will read the Amendment.
REPRESENTATIVE FARRAR: Mr. Speaker.
CLERK: Amendment by Veasey.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: Members, I think that I have an Amendment that would make a lot of us much more comfortable about this particular HCR. As you know, throughout our history the 10th Amendment has been used as, sort of, a wedge on certain civil rights issues dealing with segregation and some of the battles that were fought previous to the 1970s. And I know that all conservatives and republicans join with democrats and say that one of their favorite speeches in United States history is "I Have a Dream" speech. And Dr. King actually talked about no altercation and 10th Amendment type issues in his "I Have a Dream" speech and I'll read the excerpt. He says that "I have a dream that one day, down in Alabama, with this vicious racist, with this Governor having his lips dripping with the words of interposition and nullification, one day right here in Alabama, little black boys and little black girls will be able to join hands with little white girls and little white boys and sisters and brothers." I bring that up because the word interpositioned. This Resolution sounds a lot like the interposition Resolutions that were passed throughout the 1940s and '50s as the schools were going through the desegregation period. People thought that by the government imposing itself and by saying that the schools must integrate. You remember the Little Rock crisis where the Federal Government actually had to send troops in. People, that was the Federal Government imposing its rights on the people of Arkansas. And my Amendment simply says that although in our nation's history the 10th Amendment has been used to support and promote segregation and references to states' rights have been understood by some as failed references to segregation -- that that is not the intention of the Resolution that is here before us. And this Resolution is not intended as a criticism of the current presidential administration. And I'm happy that Representative Turner mentioned that because today, just like we know the states' rights was used as an assault on the integration of our schools and on the integration of our lunch tables and coffee counters, we know that some of these Resolutions have been seen by some as an assault on our country's first African American President.
REPRESENTATIVE BURNAM: Mr. Speaker, would the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Veasey, do you yield?
REPRESENTATIVE VEASEY: Yes.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE BURNAM: Mr. Veasey, do you intend for this to be an Amendment, such that we clarify and separate ourselves from a long history of struggle and misuse of the concept of states' rights in this country?
REPRESENTATIVE VEASEY: Absolutely, because the language, if you look at the interposition Resolutions that were written in the 1950s and '60s, as a result of Federal Court Orders to desegregate our schools, the languages are irrily similar. And I want to make sure that this body is not voting on anything that would take us back to those days. I don't think that anybody wants to go home to their kids, to their grandkids or to their neighborhoods or to their Sunday School group and say that they voted on a Resolution that sounds like something that was written like something back in the 1950s.
REPRESENTATIVE BURNAM: Mr. Veasey, was your Amendment possibly inspired by viewing on this week, on Public Television, the two-hour special on the Freedom Rides where literally 50 years ago, this month, the Freedom Rides embarked from Washington, D.C. and were spread out throughout the south? And one of the things that were used as excuses were states' rights -- for --
REPRESENTATIVE VEASEY: Yes. I did know that that Anniversary was coming up on us, and one of my favorite, all-time civil rights documentaries, Eye's on the Prizes, that was filmed back in the 1980s, documents all of that and some of the things that went on back then so well.
REPRESENTATIVE BURNAM: Well, if that special didn't inspire your Amendment, it certainly inspired me to speak to you today. I've already called your attention to an Article that's in the current Texas Observer. Have you had a chance to read --
REPRESENTATIVE VEASEY: Not yet.
REPRESENTATIVE BURNAM: The title of the Article in the Texas Observer is the "White Power Legislature", and it's in reference to this body and this legislative Session. Do you think if we adopt your Amendment it will be one little step in the right direction to improve the move passage of this Section of the legislature?
REPRESENTATIVE VEASEY: I believe so.
REPRESENTATIVE BURNAM: I thank you for offering the Amendment.
REPRESENTATIVE VEASEY: Thank you.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Creighton.
REPRESENTATIVE CREIGHTON: Members, I'm going to move to table and try to keep this Resolution as it is. As good as I can. We took an Amendment that definitely removed any doubt of any negative intent last Session from Representative Coleman and Representative Dunnam, and it definitely -- the Resolution is very clear: That there's no intention to abridge the individual rights of others, guaranteed under the Constitution. It's very clear on that, and I would move to table. In an evenly divided House, we got 100 votes on this Resolution last Session. The Senate in 1995 passed this version without this language, and I'd like to keep it as it is.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Eissler for a recognition.
REPRESENTATIVE EISSLER: Mr. Speaker, Members, for those of you that had the shrimp or oysters for lunch today, please join me in thanking Ben & Jerry's Seafood for donating those oysters, we appreciate it very much and the shrimpers in my District who donated the shrimp.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Veasey.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: Members, I've made some changes to this particular Amendment. The bottom part that speaks specifically to the administration. It says, "this Resolution is not intended as a criticism of any particular presidential administration" and it is agreed to by the author.
SPEAKER OF THE HOUSE: Representative Veasey sends up an Amendment. The Amendment's acceptable to the author. Is there an objection? The Chair hears none. The Amendment is adopted. Anyone wishing to speak on, for or against HCR 50? The Chair recognizes Representative Farrar to speak in opposition.
REPRESENTATIVE FARRAR: Mr. Speaker and Members, HCR 50 is just of a statement to the U.S. Congress with no effect on policy. But it is a statement that is contrary to the values of many people in Texas. Allow me just a moment to explain to you why it's a bad idea for this legislature to pass to Resolution. This Resolution contains statements of constitutional principal that are just plain false. For instance, it says the 10th Amendment means that the Federal Government was created by the State, specifically, to be an agent of the state --
SPEAKER: Mr. Speaker, would you ask for a little order. I'm having a hard time hearing her.
REPRESENTATIVE FARRAR: I'll repeat that. It says that the 10th Amendment means that the Federal Government was created by the State, specifically, to be an agent of the state. But I would disagree with that wholeheartedly. Rather, I would refer to you the words of James Madison. He's acknowledged by historians as the Father of the Constitution, and writes, "the federal and state governments are, in fact, but different agents and trustees of the people. Constituted with different powers and designed with different purposes." I tried to elude to questions earlier but our time ran out, but we must not lose sight of who is actually sovereign, and that is the American people. The American people constituted a federal republic to govern their affairs and look after their needs. The Federal Government has sometimes fallen short of its duties to provide what the American people want and need, but it has often fulfilled those duties. It's create State Highway systems. National Parks. It supports universities, and has built canals, bridges, railroads and a social safety net for retirees. When states also have refused to do so, the Federal Government ensured racial equality. Once the Federal Government made a cash payment, even, to purchase land and that was the Louisiana purchase. All of these things were done pursuant to implied powers and to the Commerce Clause. As you will not find an explicit authorization for health insurance regulation, and the Constitution, so you will search in vain for authority to provide farm subsidiaries, to create consumer protection or to fight terrorism through the Patriot Act. For 200 years of our nation's history the phrase "state's rights" was a code for oppression for Black American. It had no other meaning. George Segregation Forever Wallace ran for President on a party-line called States' Rights Democrats. Nowadays, Mr. Creighton and others wants everyone to forget that legacy as was witnessed by the Amendment that was denied this body. They want their fellow Americans to believe that they have pulled these ideas directly from George Washington's desk as if the ideology of state sovereignty has not spent the past two centuries being warped and tarnished by despicable racism. If the states have lost out in the balance of power in our federal republic, it is for these reasons. State government failed to protect American people. It failed to protect their rights and clung to legally sales tax and sank insidious discrimination long after the American people were forced to settle the question of slavery on the battlefield rather than in the halls of Congress. That being said, state governments are more than just administrative subdivisions of the union. States have an important role to play in innovating new policy ideas. Within the boundaries set up by the Constitution and by Federal law, states provide a variety of different legal and social environments so that citizens can choose to live in a locality that reflects their personal views. But the idea of a sovereign state is a fantasy. No state has a seat at the United Nations or an Army or foreign Ambassadors. The sovereign power of the American people is invested in the Federal Government through that sacred document known as the U.S. Constitution. That's why I'm urging you to vote against this Resolution, Members. It's just another attempt to subvert and redefine our Constitution in the service of the politics of the moments. I urge you to look at the entire arc of American history and ask yourself whether this push for states' rights is something you want to be a part of. I certainly want no part of it so I will be voting no on this Resolution.
REPRESENTATIVE DURNAM: Mr. Speaker, would the lady yield?
REPRESENTATIVE FARRAR: I will.
SPEAKER OF THE HOUSE: The lady yields.
REPRESENTATIVE DURNAM: Chairwoman Farrar, I appreciate your comments. Earlier today I gave you a copy of this Article entitled the "White Power Legislature". Have you had a chance to read it in preparation for your comments on HCR 50?
REPRESENTATIVE FARRAR: I appreciate it, but no, I have not read it, yet.
REPRESENTATIVE DURNAM: Well, would you find it interesting to know that the last paragraph reads, in part, in reference to this body in the end, "it doesn't really matter whether our lawmakers are motivated by blatant prejudice or unconscious habit. The toll that their slash and burn budget will take on Hispanics and African Americans is clear. "It's horrifying, it's unconscionable and it will eventually wreck economic disaster on the entire state with millions more poorly educated unhealthily citizens." That's why the budget must be recognized and called out loud and clear for what it is: White supremacy raiding its economic conservatism. Now, in the context of what's happened today, do you find it a little ironic that we are dealing with HCRs directing the National Government on how to do their business as opposed to dealing with our fiscal crisis?
REPRESENTATIVE FARRAR: I think Mr. Turner made those points very excellently earlier, yes.
REPRESENTATIVE DURNAM: Thank you. Mr. Speaker, I raise a Point of Order against further consideration of House Resolution 50 in that it violates Rule 4, Section I 1-A of the House Rules on the grounds that the Committee did not give proper notice for its meeting.
SPEAKER OF THE HOUSE: Bring your Point of Order down front.
(Point of Order)
SPEAKER OF THE HOUSE: The Chair recognizes Representative Eissler.
REPRESENTATIVE EISSLER: Thank you, Mr. Speaker, Members. Request permission for the Committee on Public Education to meet while the House is in Session at 4:15, May 18, 2011, at 3N.4, to consider pending business.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Eissler.
REPRESENTATIVE EISSLER: Yes, thank you, Mr. Speaker. I'd like to suspend the Five-Day Posting Rule to allow the Committee on Public Education to consider Senate Bill 346 at 8:00 a.m. May 19th, 2011, E 2036 tomorrow. Thank you.
SPEAKER OF THE HOUSE: Members, you heard the motion. Is there an objection? The Chair hears none. So ordered.
(Point of Order)
SPEAKER OF THE HOUSE: The Point of Order is respectfully overruled. The Chair recognizes Representative Creighton to close.
REPRESENTATIVE CREIGHTON: Thank you, Mr. Speaker, Members. I appreciate your patience. Move adoption.
SPEAKER OF THE HOUSE: The question occurs on the adoption of HCR 50. It's a record vote. The clerk will ring the bell. Show Representative Torres voting aye. Have all voted? There being 102 ayes and 44 nays, HCR 50 is adopted. The following announcements. The clerk will read the announcement.
CLERK: The Committee on Public Education will meet at 8:00 a.m. on May the 19th, 2011, Room E2.036. This will be a public hearing to consider SB 346 and pending business. The Committee on Public Education will meet at 4:15 p.m. on May the 18th, 2011, Room 3N.4. This will be a formal meeting to consider pending business. The Committee on Urban Affairs will meet at 4:30 p.m. on May the 18th, 2011, in room 1W.14. This will be a formal meeting to consider FC 1234.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Torres.
REPRESENTATIVE TORRES: Members, if I can have your attention. I bring you good news. Good news for tomorrow. We're going to be sponsoring a breakfast Members' Lounge, as soon as we gets started at 9:00 in the morning, breakfast taquitos on behalf of South Texas. Thank you for the wonderful experience each of you have given us, or me in particular, for being part of your delegation here in the Texas House. Again, thank you.
SPEAKER OF THE HOUSE: The Chair lays out HCR 66.
CLERK: HCR 66 by Hancock, urging the United States Congress to prevent the Environmental Protection Agency from regulating Greenhouse gases for stationary sources.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hancock.
REPRESENTATIVE HANCOCK: Yes, Mr. Speaker, I move to postpone HCR 66 to a time starting next Friday, 9:00 a.m. this Friday.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out HCR 21. The clerk will read the Resolution.
CLERK: HCR 21 by Gallego, urging Congress to reauthorize the Water Resources Redevelopment Act of 2007, Section 556, into appropriate sufficient funds so that efforts to solve the salt problem in the Amistad International Reservoir can continue.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.
REPRESENTATIVE GALLEGO: Mr. Speaker, Members, I would move to postpone further consideration of this Resolution until 7:30 a.m. tomorrow. The Senate Resolution, I think, is over and so I'd like to postpone for the consideration.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out HCR 60. The clerk will read the Resolution.
CLERK: HCR 60 by Burkett urging Congress to support and submit to the state ratification of the Parental Rights Amendment to the United States Constitution.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Burkett.
REPRESENTATIVE BURKETT: Thank you, Mr. Chair. Members. This HCR simply requests that Congress submit to the state for ratification of the Parental Rights Amendment to the U.S. Constitution. This Amendment would set in stone the longstanding legal tradition of our country that parental rights are a fundamental right. It will require the courts to use the highest level of scrutiny when contemplating and justifying the rights. And finally, it would limit the effect of foreign legal precedence to the American legal principal that fit parents are acting in the best interest of their children. I move passage.
REPRESENTATIVE BURNAM: Mr. Speaker, would the lady yield?
SPEAKER OF THE HOUSE: Mr. Burnam, for what purpose?
REPRESENTATIVE BURNAM: I would like to ask her a question. I'm not familiar with --
SPEAKER OF THE HOUSE: Ms. Burkett, would you yield?
REPRESENTATIVE BURKETT: I would yield for a question.
REPRESENTATIVE BURNAM: Would you further explain the Parental Rights Amendment that was proposed for the U.S. Constitution.
REPRESENTATIVE BURKETT: Sure. I'd be glad to. The purpose of the Amendment was a Constitution Amendment was recently the U.S. Supreme Court has abandoned the strict scrutiny standard in favor of a balancing test when deciding whether to abridge parental rights. And this just means that there's no requirement of that proof of harm to governmental parents and to give the parents the parental rights. It's not to each judge to weigh a parents rights against the interest of the governmental interference. And I just simply want to put in very firm in our Amendment in our Constitution, that parents have the right to govern the up bringing of their children.
REPRESENTATIVE BURNAM: Does this have anything to do with the bill that we debated earlier this month when we were talking about parental rights, to control whether or not the School District uses corporal punishment.
REPRESENTATIVE BURKETT: Well, no. Actually it doesn't have anything to do with that. But I thought it was interesting when we discussed that bill with Representative Allen, and Representative Villareal did bring up the fact that parents have the right to make decisions for their children, and I think this is this would just further confirm that.
REPRESENTATIVE BURNAM: So what you're suggesting is that there's a need in the U.S. Constitution to codify, I guess, that right?
REPRESENTATIVE BURKETT: I'm sorry. I didn't hear you.
REPRESENTATIVE BURNAM: I guess what you're suggesting by this HCR, there's a need to codify this right in the U.S. Constitution with the Constitutional Amendment?
REPRESENTATIVE BURKETT: What right? The corporal punishment right?
REPRESENTATIVE BURNAM: No. The Parental Rights Amendment that you're talking about ratifying.
REPRESENTATIVE BURKETT: I'm sorry. I didn't hear what you're saying.
REPRESENTATIVE BURNAM: Maybe I wasn't speaking clearly. Let me start over. I suppose that with this HCR you are suggesting that there is a need to codify in the U.S. Constitution a Parental Rights Amendment?
REPRESENTATIVE BURKETT: We're seeing a gradual turn in some of our court decisions where our rights are not treated as a fundamental right, and it's going more towards -- let me get the correct wording for you here. We're looking. We're more and more that we're placing the burden of proof on the government or we should be placing the burden of proof on the government to prove the parent is unfit, versus the other way around. We just want to ensure that parents got the rights that are fundamental in our American citizens to raise our children to make decisions. And as a fit parent, you should not have to be proving otherwise.
REPRESENTATIVE BURNAM: Do you think that this Amendment would in any way interfere with the ongoing activities of our Child Protective Services?
REPRESENTATIVE BURKETT: No. We have got state laws in place to protect those children from parents that are not fit parents. This is strictly to enforce the rights of a fit parent to raise their children.
REPRESENTATIVE BURNAM: Thank you. Do you have any idea how you, Representative Flynn, Representative Brown and Representative Packston voted on the Chisum Amendment to exclude populations of less than 50,000 from parental rights?
REPRESENTATIVE BURKETT: I am unadvised. I'm sorry.
REPRESENTATIVE BURNAM: Do I need to repeat the question?
REPRESENTATIVE BURKETT: No. I got the question. I'm unadvised in how those Representatives voted.
REPRESENTATIVE BURNAM: And how does Representative Burkett right?
REPRESENTATIVE BURKETT: Are you talking about the Corporal Punishment Bill?
REPRESENTATIVE BURNAM: Yes.
REPRESENTATIVE BURKETT: Void for it.
REPRESENTATIVE BURNAM: And how did you vote on the Amendment to exclude children that live in political subdivisions of less than 50,000?
REPRESENTATIVE BURKETT: I don't recall how I voted on that.
REPRESENTATIVE BURNAM: That was the Chisum Amendment.
REPRESENTATIVE BURKETT: I don't recall how I voted.
REPRESENTATIVE BURNAM: Okay. That Amendment seems to exclude children that come from small communities, from any initiative that you're proposing with the Parental Rights Amendment, and I was just wondering if you could remember how you voted.
REPRESENTATIVE BURKETT: I'm sorry. I do not recall how I voted. I do believe in parental rights and that's why I voted for that bill.
REPRESENTATIVE BURNAM: Thank you. I move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak on, for or against HCR 60? The question occurs on the adoption of HCR 60. It's a record vote. The clerk will ring the bell. Have all voted? Being 123 ayes and 21 nays, HCR 60 is adopted. The Chair lays out HCR 87. The clerk will read the order.
CLERK: HCR 87 by Veasey urging Congress to expand the Health Incentive Pilot for Supplemental Nutrition Assistance Program assisting communities across the country.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey.
REPRESENTATIVE VEASEY: Members, this Resolution is urging Congress to support the expansion of the Healthy Initiative Pilot. As you know, over the last couple of years the legislature has worked really hard to deal with the obesity issue, particularly in our school children. A lot of people that are on SNAP and now -- they used to call them food stamps, but now the word is called SNAP -- and we want to encourage people that are using SNAP to go and buy more fruit, more vegetables. Layoff of the Coca-Colas and the Honey Buns and other processed foods and the high processed corn syrup. By focusing on that, not only will it help make these families healthier because we're seeing such a rise in obesity. Right now, nearly one in three school children and adolescents in our country are obese. Obviously, that contributes to health care costs. Obviously, Medicaid is something that we deal with here in the budget, and Representative Kolkhorst and her Public Health Committee have seen lots of these types of issues. And if we would encourage people, particularly low income individuals, to use those benefits to buy more fruits and vegetables, it would go a long way in saving our state a lot of money.
REPRESENTATIVE HOWARD: Mr. Speaker, will the gentleman yield for a question?
SPEAKER OF THE HOUSE: Mr. Veasey, do you yield?
REPRESENTATIVE VEASEY: Yes.
REPRESENTATIVE HOWARD: Representative, my understanding is that we're going to be giving an additional incentive. We're already paying these people, people that are on this program to buy their food with government assistance; is that correct?
REPRESENTATIVE VEASEY: Right now people that are on SNAP -- like I mentioned, they simply used to call it food stamps, now they call it SNAP. People that are on SNAP they do receive assistance from assistance from the fed Federal Government or the Government for food stamps to buy their food.
REPRESENTATIVE HOWARD: So this is an additional incentive? So we're paying them to buy food, but we say, now if you'll go by healthy food, we'll even pay you more? Is that what it does?
REPRESENTATIVE VEASEY: Not really. It's just making that dollar stretch out a little bit further. Because, as you know, fruit and vegetables are a lot more expensive than processed foods. One of the reasons why we see so much diabetes and heart disease and other issues like that in low income communities because they don't have the same access to fresh foods as other people. And you can make that dollar stretch out a lot more, like I mentioned with the Honey Bun and a Coca-Cola. And that's why you're starting to see people that are --
REPRESENTATIVE HOWARD: How do you make it go bigger if you don't give more money? How do you stretch that dollar? I don't understand that.
REPRESENTATIVE VEASEY: Right now this program is only being conducted in one city, one county in the entire country.
REPRESENTATIVE HOWARD: It's $20 million is my understanding, correct?
REPRESENTATIVE VEASEY: I don't believe that it's that much, but I would need to --
REPRESENTATIVE HOWARD: Well, the Farm Bill --
REPRESENTATIVE VEASEY: The Farm Bill is already authorized. That was 2008 Farm Bill. Absolutely.
REPRESENTATIVE HOWARD: Yeah. That was $20 million for a pilot program.
REPRESENTATIVE VEASEY: But it will save us a lot more than $20 million in the long run. And I know that the area that you live in, it's a nice -- Sugar Land is one of the nicest areas in the entire state. But the kids that get out of school at 4:00 or 5:00 o'clock -- because I used to be one of those kids. And I can tell you is that when you go and get that one or $2, you go to the convenience store, you go buy the snack and cakes, you go buy the Honey Buns, the Coca-Colas, the Jungle Juice, you go and you buy those things. They're filled with sugar. They're filled with all sorts of bad things --
REPRESENTATIVE HOWARD: They choose to buy that. Right now they have a choice of how to spend those dollars, do they not?
REPRESENTATIVE VEASEY: We want them to buy more fruit and vegetables.
REPRESENTATIVE HOWARD: I agree with you, they should. But are we giving them additional money to make a wise choice? That's the way I interpret this.
REPRESENTATIVE VEASEY: I interpret it as actually saving money because we won't have to deal with so much additional Medicare.
REPRESENTATIVE HOWARD: You're saying you want to spend money now so you save money later? That's what you're saying, right?
REPRESENTATIVE VEASEY: Excuse me? I'm sorry. I missed the first part of your question.
REPRESENTATIVE HOWARD: I said I think what I heard you say was you want to spend more money now to save more money in the future; is that correct?
REPRESENTATIVE VEASEY: I would like the government to invest more in this program so we won't have to spend so much money on Medicare -- excuse me, on Medicaid related issues and obesity, amputation. Kidney dialysis and what have you.
REPRESENTATIVE HOWARD: But if they use wise decisions and spent the money that we're providing already, we wouldn't have to have that, would we?
REPRESENTATIVE VEASEY: Well, that's what this program is encouraging.
REPRESENTATIVE HOWARD: Thank you.
REPRESENTATIVE VEASEY: It's encouraging people to make wiser decisions.
REPRESENTATIVE VEASEY: Thank you.
REPRESENTATIVE LUCIO: Mr. Speaker, would the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Veasey, do you yield?
REPRESENTATIVE VEASEY: Yes.
SPEAKER OF THE HOUSE: He yields.
REPRESENTATIVE LUCIO: Thank you, Mr. Veasey. We have discussed, you and I and Representative Alvarado and a few others, the dire situation we're in, especially when it comes to our kids, and those from a lower socioeconomic class because they're most vulnerable to not understanding the benefits of eating healthy and exercising and so forth. And if we are going to have folks on Government Assistance Programs like SNAP, what we want to do is try to start creating, not only incentives, but structuring the whole program, I believe moving forward, so that they are eating the healthier foods and the more nutricius foods. As you and I discussed, both on and off this floor, we have the most unhealthy generation of kids that any previous generation before us. We have the first generation of children who are expected to live a shorter life expectancy than their parents and grandparents. And you know we're doing all this great stuff for education and I'm grateful. We're doing the best we can and in a tough economic time, to still make college affordable. But we're going to have very well educated kids who are extremely unhealthy. And even though they have a better education, they're going to be less productive because they can't function from a health standpoint. And all your HCR does is encourage our Congress to expand a program that would make our most vulnerable, which is our poor kids, healthy.
REPRESENTATIVE VEASEY: Absolutely, and not only that, it would save us so much money in other costs. I mean, when you look at obesity, I know one of the areas that effects diabetes is kidney dialysis. And I was talking with a person that owns a kidney dialysis center. And they were telling me that the average age of the person that comes in for dialysis now is so much younger than it used to be. And a lot of these problems that we're seeing is based on bad nutrition. And quite frankly, it's my opinion that the Federal Government helped create a bad nutrition guide for our entire country, and they need to help us fix it by encouraging people to eat healthier foods. And I'll tell you, also, like I mentioned earlier to Representative Howard, if you don't have a lot of money, you need the SNAP dollars to help pay for chips and juice and bad things like that. And you know what? It fills the kids up. But we're starting to see so many kids that are actually overweight. And at the same time, they're malnourished because they're not getting enough fruits and vegetables.
REPRESENTATIVE LUCIO: And they're depressed and a number of other things.
REPRESENTATIVE VEASEY: They don't do good in schools.
REPRESENTATIVE LUCIO: One thing that I wanted to point out is that we often look and point fingers at the private sector and all that they're doing and how we should adopt private sectors for philosophies and how we run our government. As you and I both know, in the private sector employers are incentivizing employees to practice preventative healthcare. They're incentivizing them to lose weight. They're incentivizing them to get on nutritional programs. To exercise. They are paying for their memberships at gyms and paying for things like Weight Watchers and so on and so forth for the exact reason that you stated, which is, in the long term, it saves them millions of dollars in their healthcare and insurance programs. And so, you know, if we're going to in some circumstances, say, hey, we need to look the at the private sector and all the innovative things they're doing and run our state like a business, why shouldn't we also do it in things like healthcare and nutrition. So that's just a few of my thoughts. Thank you so much for sharing this and I hope Members vote with you.
REPRESENTATIVE VEASEY: Thank you, Members, I urge you to vote yes on this Resolution. Lipitor and dialysis is not the answer. Better nutrition is. Thank you.
SPEAKER OF THE HOUSE: Members, is there anyone who would like to speak for or against the Resolution? If not, the question occurs on adoption of HCR 87.
REPRESENTATIVE DURNAM: We'd like a record vote, please.
SPEAKER OF THE HOUSE: Record vote's been requested. A record vote is granted. The clerk will ring the bell. Members, you have plenty of time. Don't hurt yourself running to your desk. Have all Members voted? All Members voted? There being 54 ayes and 91 nays. The motion fails. Resolution has failed. The Chair lays out HCR 94. The clerk will read the Resolution.
CLERK: HCR 94 by Flynn urging the United States Congress to repeal the Bob Frank Wall Street Reform and Consumer Protection Act.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Flynn.
REPRESENTATIVE FLYNN: Thank you, Madame Speaker. The Bob Frank Wall Street Reform & Consumer Protection Act was passed by the United States Congress July the 21st in 2010. It consists of 2300 pages of new statutory language that will result in promulgation of 250 new regulations. The bill sets up a regulatory regime that allows the too big to fail banks and Wall Street Journal folks to continue to avoid adequate scrutiny while it punishes traditional Texas banks that had nothing to do with the most recent crisis. This bill would provide that a new bureau of financial correction is established to regulate all the consumer financial services in the United States. It will receive hundreds of millions of dollars in funding annually from the Federal Reserve system and is not subject to the Congressional oversite through the Appropriations process. If this new agency were to become what it advocates envision it will be, at least as large of the Internal Revenue Service, the credit needs to rural and urban banks in Texas will be determined by an agency in Washington, and that should not be tolerated by us here in Texas. The overall effect of this bill is that the banks and credit unions will be forced to cease offering debit, checking products and increase its fees to retail customers for checking accounts, debit cards, other retail services, and lower income Texans who have obtained greater access to affordable credit banking, partly because of the interchange fees will now have less access to the institutions and be forced to go back to the regular or those unregulated shadow banking systems with their increased costs.
SPEAKER OF THE HOUSE: Are there any Members wishing to speak on, for or against this Resolution? HCR 94.
REPRESENTATIVE FLYNN: I move adoption.
SPEAKER OF THE HOUSE: If not, the question occurs on the adoption of HCR 94. The clerk are ring the bell. All Members voted? Show Representative Kolkhorst voting aye. Have all Members voted? There being 101 ayes, 44 nays, HCR 94 is adopted. Mr. Aycock. Mr. Dutton. Mr. Temple. Mr. Raymond for what purpose?
REPRESENTATIVE RAYMOND: Mr. Speaker.
SPEAKER OF THE HOUSE: Yes, Mr. Raymond.
REPRESENTATIVE RAYMOND: Is it your intention to now take up Senate Bill 1811?
SPEAKER OF THE HOUSE: Let me confer with my Parliamentarian. One minute, sir. Mr. Raymond, at the current time, it's our intent to do some items eligible.
REPRESENTATIVE RAYMOND: Eligible for what?
SPEAKER OF THE HOUSE: That would be eligible for consideration before the House.
REPRESENTATIVE RAYMOND: For consideration of what?
SPEAKER OF THE HOUSE: The Chair lays out House Bill 1840 with Senate Amendments.
REPRESENTATIVE RAYMOND: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Raymond, for what purpose, sir?
REPRESENTATIVE RAYMOND: There's some confusion back here. We thought the Parliamentarian was a Parliamentarian of the House. But did you say he was your Parliamentarian?
SPEAKER OF THE HOUSE: I'm sorry. I didn't mean to say it that way.
REPRESENTATIVE RAYMOND: Thank you, Mr. Speaker.
SPEAKER OF THE HOUSE: The clerk will read the bill.
CLERK: HB 1840 by Phillips relating to the creation of the crane producer and diminutive funds.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Phillips for a motion to concur.
REPRESENTATIVE PHILLIPS: Thank you, Members. The Senate added to the bill that I sent out of here regarding grading indemnity funds. And basically, they stayed within bounds and made some changes that were appropriate. We negotiated even before they brought it up to the floor for their vote. They included, the gray indemnity funds required a vote by the producers to see if they wanted to participate. When it left the House it just required a percent vote of the producers, and this makes it a two thirds vote, which is similar to the other check off program that many of you are already familiar with in the Ag industry, that has been passed. We also changed the structure of the board a little bit by, we had on there a place for an attorney and they decided there's too many attorneys in the world. So we took an attorney off of there as being a requirement and put -- and when we had two of the warehouses associations groups being one or the other, we just added them, made them to be -- to fill out the compliment. Besides that, there are a few other technical things where we -- if someone had not technically or filled out the things correctly for the form, they were allowed to fix them. But basically, those are the Amendments they made, and I would ask that we concur with the Senate Amendment. Thank you very much.
SPEAKER OF THE HOUSE: Members, Mr. Phillips moves to concur with the Senate Amendment to House Bill 1840. It is a record vote. The clerk will ring the bell. There being 144 ayes, two nays, two present not voting, two absent, House Bill 1840 has finally passed.
MR. MUNOZ: Mr. Speaker.
SPEAKER OF THE HOUSE: For what purpose, Doorkeeper -- oh, I'm sorry. Representative Munoz, for what purpose?
REPRESENTATIVE MUNOZ: Will the Chair recognize me for a motion to vacate the Chair?
SPEAKER OF THE HOUSE: You know what? Sir, not at this time, but perhaps later, sir.
REPRESENTATIVE MUNOZ: There's a lot of people that want to join me in that motion, so are you sure you don't want to recognize me?
SPEAKER OF THE HOUSE: Do you have any messages from the Senate? The Chair lays out House Bill 1146 with Senate Amendments. The clerk will read the bill.
CLERK: HB 1146 by Koempel relating to the registration, regulations, of appraisal management companies, providing administrative penalties.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Koempel on a motion to concur with Senate Amendments on House Bill 1146.
REPRESENTATIVE KOEMPEL: Thank you, Mr. Speaker. I do concur with all the changes. It's just additional compromised language with all stakeholders. It relaxes some of the requirements of the designated contact of the AMC can no longer be certified appraiser and contact. Thank you. Move passage.
SPEAKER OF THE HOUSE: Members, you've heard Representative Koempel's motion to concur on Senate Amendments on House Bill 1146. It's a record vote. The clerk will ring the bell. Show Representative Koempel voting aye. Show Representative Eissler voting aye. Show Representative Villareal voting aye. Have all Members voted? Have all Members voted? There being 145 ayes, 0 nays, two present not voting, three absent. That motion prevails.
REPRESENTATIVE ALVARADO: Mr. Speaker.
SPEAKER OF THE HOUSE: For what purpose, Representative Alvarado?
REPRESENTATIVE ALVARADO: Is it true that back home they call you Pepe'? Mr. Speaker? Is it true that back home they call you Pepito? I was just wondering should we call you Speaker Pepito.
SPEAKER OF THE HOUSE: As long as it begins with "Speaker," that's fine. The Chair recognizes, Chairman Hunter.
REPRESENTATIVE HUNTER: Pepito I request permission for the Committee on Calendars to meet while the House is in Session at 5:00 p.m., May 19, 2011, Room 1W14 to consider a Calendar.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair recognizes Chairman Hunter.
REPRESENTATIVE HUNTER: Correction. I request permission for the Committee on Calendars to meet while the House is in Session at 5:00 p.m. today, May 18, 1W14 to consider a Calendar.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The following announcement. The clerk will read the announcement.
CLERK: The Committee on Calendars will meet at 5:00 p.m. on May the 18th, 2011, room 1W.14. This will be a formal meeting to consider a Calendar.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 2014 with Senate Amendments.
CLERK: HB 2014 by Thompson relating to certain criminal and civil consequences of certain persons compelling prostitutions and certain other criminal related off senses into the prevention, prosecution and punishment of those offenses.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson on a motion to concur.
REPRESENTATIVE THOMPSON: Mr. Speaker, Members. This is a bill that dealt with human trafficking. When it left the House we had several fees put in it where the victim of human traffic would have received moneys. What the Senate did was took out all of the fees and sent the bill back without the fees in it and I move to concur.
SPEAKER OF THE HOUSE: Members, you've heard Representative Thompson's motion to concur. It's a record vote. The clerk will ring the bell. Have all Members voted? There being 146 ayes, 0 nays, two presents not voting, two absent. The motion prevails. The Chair calls up House Bill 1123 with Senate Amendments.
CLERK: HB 123 by Dutton relating to the regulation of agents, athletes agents providing criminal penalties.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Dutton for the motion to concur.
REPRESENTATIVE DUTTON: Thank you, Mr. Speaker and Members, I move to concur with Senate Amendments. When the bill left here, one of the provisions it required athlete agents to report arrest. The Senate changed that to that it's not where they only have to report convictions to the Secretary of State. And I move adoption of the Senate Amendment.
SPEAKER OF THE HOUSE: Members, you've heard the motion to concur with Senate Amendments on HB 1123. This will be a record vote. The clerk will ring the bill. Has everyone voted? There being 140 ayes, 0 nays, three present not voting, seven absent. The motion prevails. Members, if you have any announcements, please bring them down front. Mr. Villareal, are you on the floor? The Chair recognizes Representative Garza.
REPRESENTATIVE GARZA: Chairman, I'd like to suspend all the rules to introduce HCR 1795.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair lays out the following Resolution. The clerk will read the Resolution.
CLERK: HCR 1795 by Villareal congratulating the educators and administrators who have earned the 2011 HEB Excellence in Education Awards.
SPEAKER OF THE HOUSE: Members, the Chair recognizes Representative Garza.
REPRESENTATIVE GARZA: I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Garza for a recognition.
REPRESENTATIVE GARZA: Members, if I can take just a moment. My lovely wife of 31 years, it was just our Anniversary yesterday, which was the first time in 31 years we weren't together. So she's in my office right now watching it on TV, and I just want to thank her for 31 years of loyalty and faithfulness and putting up with me. Thank you very much and she should thank you me for 31 years? You don't know me, Chairman.
SPEAKER OF THE HOUSE: Chairman Hardcastle, for what purpose?
REPRESENTATIVE HARDCASTLE: Mr. Speaker, Parliamentary Inquiry.
SPEAKER OF THE HOUSE: State your inquiry.
REPRESENTATIVE TURNER: Did you realize we had 25 seconds on the Motion to Vacate the Chair a while ago?
SPEAKER OF THE HOUSE: The Chair is not advised.
REPRESENTATIVE HARDCASTLE: Realize that we're having as much trouble understanding you as excited as you are as they claim to have understanding me.
SPEAKER OF THE HOUSE: The nays have it. , Members, if you have any announcements, please bring them down front. THE the Chair recognizes Representative Legler.
SPEAKER: Members, I want to remind everybody tomorrow we have the original Urban Cowboy, being in the back hallway. We're honoring Mickey Gilley. So come on over, here in the back hall way about 9:00 o'clock. Come on by and let's see if we can sing a little song. Also, Members, I want to invite you all to tomorrow morning at 8:00 o'clock. I'm having Ray Perriman come speak to our Economic and Small Business Development Committee at 8:00 a.m., Representative Miles, to hear Ray Perriman. Anyone that wants to come listen to him, what he has to say about the economy and economic tools. We're going to be meeting at room E 2.014 at 8:00 a.m. and so I welcome anyone that wants to hear Ray Perriman speak to our Committee and learn something. Thank you very much.
SPEAKER OF THE HOUSE: The Chair announces the presence of the signing in the presence of the House.
CLERK: HB 35, HB, 118, HB, 184, HB 266, HB 315, HB 434, HB 460, HB 479, HB 625, HB 650, HB 679, HB 716, HB 726, HB 885, HB 988, HB 989, HB 993, HB 1061, HB 1130, HB 1174, HB 1263, HB 1364, HB 1449, HB 1488, HB 1503, HB 1545, HB 1566, HB 1567, HB 1570, HB 1674, HB 1779, HB 1851, HB 1852, HB 1869, HB 203, HB 2035, HB 2144, HB 2251, HB 2271, HB 2351, HB 2360, HB 2376, HB 2495, HB 2615, HB 2631, HB 2670, HB 2699, HB 2866, HB 2920, HB 2935, HB 3004, HB 3141, HB 3255, HB 3389, HB 3487, HB 3570, HB 3847, HCR 33 and HCR 143.
SPEAKER OF THE HOUSE: If there are no other announcements, Representative Pena moves that the House stands recessed until 9:00 a.m. tomorrow in memory of John Austin Pena on the 10th Anniversary of his passing.
(The House Stands Adjourned).
