Texas House of Representatives. Thursday, May 19th, 2011.

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

REPRESENTATIVE KEN LEGLER: Mr. Speaker, members, honored guests in the gallery. Thank you very much. Today I'm here to introduce a fellow that represents -- Major Eddie Alonzo represents the Salvation Army, a Corps Officer there in Pasadena, Texas at the service center. (inaudible) Pasadena, right at five years, continues to serve there. His wife, also, Delia, Major Delia also serve with him because they serve together. And he has been in ministry for 24 years in the State of Texas. Major Alonzo is a part of ministry and service. At the age of ten he and his family were homeless and received in a Salvation Army homeless center. Not only was he fed, clothed, provided shelter, it was also where he was introduced into and accepted Jesus Christ as his savior. Major Alonzo has extensive ministry and disaster relief training. He served as a public information officer a deputy commander at the Oklahoma City bombing. He was appointed as incident commander during Hurricane Ike, Hurricane Rita and Hurricane Katrina. After the 9-11 terrorist attacks on the Pentagon, Major Alonzo served as operations chief for 28 days in DC, at the Pentagon. Members, honored guests, please help me welcome Major Eddie Alonzo.

PASTOR: Let us pray. Heavenly Father, give ear to my prayer and listen to the cry of my humble requests. We come to you in prayer because we believe in the power of prayer. Father, I ask for Godly counsel for the members of the Texas House of Representatives. They are your children. And I ask you, Father, to pour out your spirit on them so that they will do their best to help and serve the people of Texas. May they act and lead with integrity, honesty and peace. Father, with confidence we approach you with the economic crisis of our state. We ask for your insight and for your wise solutions so that your glory will be revealed. Father, we have faith in our humble prayer, and we know in your perfect time you will respond and show us great and mighty things for Texas. Thank you for listening and receiving our prayer this morning. We pray in Jesus' name. Amen.

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

REPRESENTATIVE JAMES WHITE: Thank you. Good morning, guests, members. Could you please join me in the Pledge of Allegiance to the United States of America and the State of Texas. [PLEDGE]

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I want to make sure everybody understands your end of session deadlines. Saturday, this Saturday, the 21st, that's the last day for House committees to report out Senate Bills and SJR's. So, Saturday is the first deadline. Your second deadline is Tuesday the 24th. That is the last day for the House to consider second reading of Senate Bills and SJR's. So, committees, Saturday; full body, Tuesday. And Mr. Speaker, members, we will be here Saturday. I don't know the time yet. Don't know about Sunday.

THE CHAIR: Chair recognizes Representative Kleinschmidt.

REPRESENTATIVE TIM KLEINSCHMIDT: Thank you, Mr. Speaker, members, colleagues, I'd like for you to join me Representative Murphy Representative Shelton in welcoming constituents from my district. Mr. Marvin and Elizabeth Kitt, Mr. Melton and Audrey Fanning, who are sitting in the gallery today, joining us from Winchester, Texas, Fayette County. Welcome to your Texas House of Representatives. Thank you for being here. Mr. King to introduce the Doctor of the Day.

REPRESENTATIVE PHIL KING: Thank you, members. Please join me in recognizing Dr. Mark XXX Marx from Weatherford. He has a family practice there. He's been practicing for 30 years. He has been coming down to the Capitol to help us for at least 20 years, and his dad did it for probably about 30 years. So, if you would join me in welcoming Mark to the Capitol again. Thank you.

THE CHAIR: Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: Madam Speaker, members, honored guests, I would like to suspend all necessary House rules and take up and consider House Resolution 1980, recognizing Mickey Gilley.

THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. The rules are suspended. Chair lays out the following resolution. The clerk will read the resolution in full.

THE THE CLERK: HR 1980 by Legler. WHEREAS Country star Mickey Gilley helped ignite the "urban Cowboy" phenomenon in the 1980s, introducing countless Americans to the joys of Texas honky-tonk music; and WHEREAS, Born in Natchez, Mississippi, on March 9, 1936, Mr. Gilley grew up in nearby Ferriday, Louisiana; he learned to play piano at an early age and got an education in rhythm and blues by secretly listening at the windows of clubs; after his cousin Jerry Lee Lewis found fame, he grew serious about pursuing a career in music, and while working construction jobs in Houston, he began performing on local stages and recorded a number of regional hits on independent labels; and WHEREAS, Mr. Gilley broke through on the national level in 1968 with the single "Now I Can Live Again"; his star rose even higher in the 1970s, with the opening of Gilley's Club in Pasadena and a phenomenal string of country smashes that included "Room Full Of Roses," "I Overlooked an Orchid," and "Don't the Girls All Get Prettier at Closing Time"; Esquire magazine ran a prominent feature on Gilley's that became the basis for the blockbuster movie Urban Cowboy; Gilley appeared in the 1980 film and the soundtrack sent his Career into the stratosphere with a platinum single, "Stand By Me"; And WHEREAS, One of the most successful country artists of the 1980s, Mr. Gilley ruled the charts with a new, more pop-oriented sound; he scored nine number one singles, among them "You Don't Know Me," "Talk to Me," and "That's All That Matters"; eventually Gilley's Club ran its course, but he seized another business opportunity and opened one of the first star-themed venues in Branson, Missouri; the Mickey Gilley Theatre marked its 20th anniversary in 2010; and WHEREAS, This dynamic Texan has received many accolades through the years; Mr. Gilley has won Academy of Country Music Awards in numerous categories and captured the prestigious Entertainer of the Year title; in 2002, he was inducted into the Delta Music Museum Hall of Fame in Ferriday along with his cousins Mr. Lewis and Jimmy Swaggart; and WHEREAS, An engaging performer with a staggering roster of hits, Mr. Gilley continues to captivate audiences around the country, and it is indeed fitting to recognize his singular place in the history of Texas music; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby welcome Mickey Gilley to the State Capitol and extend to him sincere best wishes for the future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Gilley as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: I move adoption.

THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. Resolution is adopted. Chair recognizes Mr. Legler.

REPRESENTATIVE KEN LEGLER: Members, Mickey Gilley, when I was a -- Number 1 House Resolution 1980 was actually the year when Urban Cowboy came out. And I don't know how that happened, but I appreciate it. Maybe it was a higher being that came up with that number. As I travel the world, on business, and as I went around people always say where are you from, and I always say Pasadena. California? I say no, Pasadena, Texas. And the first thing out of everyone mouth. Is Gilley.

REPRESENTATIVE KEN LEGLER: I say that's right. It's amazing how you travel the world over and everybody knows that. And I believe that's what this gentleman did, not only for Pasadena but for Texas, he put us on the map. There's a show there from some little town up north, I don't know exactly where, it's something about Dallas, I don't know. But am I correct, Mickey Gilley helped put Texas on the map and helped put Pasadena and southeast Houston where people I knew. I want to introduce you. Please help me recognize, of course we have him, Mickey Gilley, the great country music star. We have Cathy Gilley, Gilly's daughter, we have Michael Gilley, Gilly's son, we have Troy Payne, Mickey's associate, and we actually brought -- we brought Red Dragon, no he came on his own, because he's a great friend of him, Johnny Isabel, the mayor of Pasadena. Please help me welcome them to their house in the State of Texas.

THE CHAIR: Representative Taylor moves to add all members' names. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: Yes, members, also I'd like to recognize some folks in the gallery, in the north side of the gallery there. We have Johnny Isabel's son, Kenny Isabel and Amanda and Lisa and we have kids, Kenny and Madison. Stand up, please everybody. Welcome to your House. House of Representatives of the State of Texas. Thank you.

THE CHAIR: Chair recognizes Representative Legler once again.

REPRESENTATIVE KEN LEGLER: Yes, members, I wanted to remind everybody that Mr. Gilley will be in the back hall for a short time for any pictures you want to be taken. So, make sure you get your picture taken with the original urban cowboy, Micky Gilley.

THE CHAIR: Chair recognizes representative John Davis and Representative Nash. Members, this is a memorial resolution please take your seats. Take your conversation outside the rail.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker and members, and I'd like to suspend all necessary rules to bring up HCR166, which is already passed out of the House and Senate. And if it could be read in full we would appreciate it.

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

THE THE CLERK: HR 116 by John Davis of Harris. WHEREAS, Words cannot adequately express the sorrow felt at the loss of the Reverend Clinton Roderick Dobson of Arlington, who died on March 3, 2011, at the age of 28; and WHEREAS, Clint Dobson was born in Webster on July 15, 1982, to Roderick and Sharon Dobson, and he grew up in Clear Lake, where his father worked as a NASA contractor; he played football and baseball at Clear Lake High School, graduating in 2000, and attended University Baptist Church; he loved working on projects with his father, and he taught himself to play both the guitar and the piano; And WHEREAS, While attending Baylor University, Mr. Dobson met the love of his life, Laura Rozeman, whom he would later marry; it was also during those years that he first felt called to the ministry; after earning his bachelor's degree in psychology in 2004, he continued his studies at Baylor's George W. Truett Theological Seminary; and WHEREAS, Mr. Dobson served as an intern in the apartment ministry of his hometown church for two summers; his focus was on at-risk youth, and he was known for his sensitive and caring approach; he spent his final year of seminary as pastor of Purmela Baptist Church before graduating with a master of divinity degree in 2008; his gifts as a minister were already apparent, and he was named the school's Preacher of the Year; and WHEREAS, This dedicated young man subsequently became the lead pastor at NorthPointe Church, a satellite church of First Baptist Church of Arlington, and he endeared himself to the congregation with his warm demeanor, eloquent sermons, and tireless efforts in behalf of the powerless and impoverished; and WHEREAS, Exuberant and joyful, Clint Dobson dedicated his life to sharing his profound religious faith and to helping the less fortunate, and he leaves behind a legacy of compassion and service to others that will forever endure in the hearts of all who knew and loved him; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby pay tribute to the memory of the Reverend Clinton Roderick Dobson and extend deepest sympathy to the members of his family: to his wife, Laura Rozeman Dobson; to his parents, Roderick and Sharon Dobson; to his brother and sister-in-law, Chris and Melissa Kirchmer; to his sister and brother-in-law, Sarah and Rob Mitchell; To his grandmother, Marie Killian; to his uncles, Steve Killian and his wife, Linda, and Alan Killian and his wife, Debra; to his Nieces, Kate Kirchmer and Ella Mitchell; to his nephew, Trevin Sonnier; and to his other relatives and many friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Clint Dobson.

THE CHAIR: Chair recognizes Representative Davis.

REPRESENTATIVE JOHN DAVIS: Move passage.

THE CHAIR: Members, this is a memorial resolution. All those in favor please rise. Representative Nash moves to add all members' names. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Davis.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker, members, and just I appreciate Representative Nash allowing me to do this with her. On March third, of course, we received the devastating news of Clint's death. And, you know. Clint and his wife lived in Arlington where he was serving as Pastor of the North Point Baptist Church. Clint's family grew up at our church in Clear Lake, University Baptist Church. And his family is so respected in our community, his mom and dad, sister Sarah and whom I knew, and my wife taught Sarah whenever she was a first grader at Armono-Bayou Elementary School. And she asked, she said Ms. Davis where did you go to school? She said I went to Baylor. She said that's where I want to go, and that's where she went. And she went on to the law school at Tech. This family is part of our community in Clear Lake, and it's just a true just travesty of what happened. And I just try to think of what the words to say, and I just wanted to say, you know, Clint was a man of faith and his life was taken from us, as he lived out his faith, as he served our Lord Christ Jesus. And I was trying to think of the words to say and how do you talk about that, and I came across a note that my grandmother gave me twenty years ago, and I was going through my Bible this morning and pulled it out, and it talks about faith. And let me tell you real quick what she says on faith. Here are some gems I found while studying Hebrews 11-1. It says faith is the substance of things hoped for, the evidence of things not seen. And also, as she went on to say, our mentor, Cory Tin Boon: Faith is the radar which penetrates the clouds of our logical thinking and discerns the love of God which passes all understanding. And Mr. Dobson was a man of faith, and he believed in that. And we -- and it's -- we just remember him and for his service and what he did in serving his Savior.

THE CHAIR: Chair recognizes Representative Nash.

REPRESENTATIVE BARBARA NASH: Thank you. North Point Baptist Church is actually in my district. It's just a few blocks down the street from my home, and I'm honored to coauthor this resolution with Representative Davis. This event was so tragic, but I think important that we celebrate Clint's life and his many achievements. We have a few of Clint's family's members here, including his wife, Laura Dobson, his sister, Sarah Mitchell, his brother, Chris Kirchner, and his niece, Kate Kirchner. Members, please stop by and greet them and express your condolences.

THE CHAIR: Chair recognizes Representative Taylor for a motion.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam Speaker. Members, I request permission for the Committee on Elections to meet while the House is in session on first adjournment, that would be around lunch, today, May 19th at desk 81 on the House floor to consider pending business.

THE CHAIR: Members, you've heard the motion. Is there any objection? So ordered. The following announcement, the clerk will read the announcement.

THE THE CLERK: The Committee on Elections will meet on first adjournment on May the 19th, 2011, at desk No. 81 on the House floor. This will be a formal meeting to consider pending business.

THE CHAIR: Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: Mr. Speaker and members, thank you. Today I just would like to move to suspend all necessary rules to take up and consider House Resolution 2067. Members, if I could have your attention, it is such an honor for me to have Ms. Colonel DeLancy here with us who -- well, if you'll listen to the resolution I think you'll understand why I'm at a loss for words.

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

THE THE CLERK: HR 2067 by Dutton. WHEREAS, U.S. Army Colonel Pamela A. DeLancy has served her nation with distinction for more than three decades; and WHEREAS, Colonel DeLancy entered the army in September 1980 as an enlisted soldier; she completed basic training at Fort Jackson, South Carolina, and served four years before leaving the military to attend the University of Houston; in her junior year of college, she joined the Reserve Officer Training Corps and went on to graduate from the Airborne School at Fort Benning, Georgia, as an ROTC cadet; she received an early commission in 1987 and accepted an army reserve assignment as a documentation officer in the 348th Transportation Battalion; and WHEREAS, After earning a bachelor's degree in nursing from The University of Texas Health Science Center in 1989, Colonel DeLancy entered active duty as an officer in the Army Nurse Corps; She served as a medical-surgical nurse at Fort Bliss, Texas, and as an emergency room nurse at Fort Stewart, Georgia, and then left active duty to work for four years as a medical-surgical nurse at the 4005th U.S. Army Hospital in Houston; and WHEREAS, Colonel DeLancy subsequently became an active guard reserve soldier stationed with the army's Recruiting Command at Fort Knox, Kentucky; she went on to serve in such positions as quality assurance manager for clinical affairs and medical credentialing for the South East Regional Command, chief of credentialing at the U.S. Army Medical Department Professional Management Command, and nurse administrator in the surgeon's office at 63D Regional Support Command; along the way, she obtained her Master's degree in health administration from Central Michigan University; and WHEREAS, Most recently, this outstanding officer was selected to attend the prestigious War College, the army's highest institution of professional development for strategic leaders; she is slated to graduate with the Class of 2012; and WHEREAS, Colonel DeLancy's achievements have been recognized with the Meritorious Service Medal with three oak leaf clusters the Army Commendation Medal with two oak leaf clusters, the Army Achievement Medal with three oak leaf clusters, the Good Conduct Medal, the Armed Forces Reserve Medal, and the Global War on Terrorism Service Medal, among many others; and WHEREAS, Throughout her career, Colonel DeLancy has benefited from the love and support of her husband, Barnes DeLancy as well as her two daughters, Tori and Tamara; and WHEREAS, Colonel Pamela DeLancy has contributed immeasurably to advancing the mission of every organization of which she has been a part, and her exemplary efforts in behalf of the nation are indeed deserving of praise; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Colonel Pamela A. DeLancy for her distinguished military service and extend to her sincere best wishes for continued success with her important work; and, be it further RESOLVED, That an official copy of this resolution be prepared for Colonel DeLancy as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: Madam Speaker and members, Colonel DeLancy epitomizes the principles of purpose, persistence and prayer. And so while I would like to move to adopt the resolution, I am joined by one of our own retired Colonels who is here helping me do this, but let me ask you you to join me in welcoming not only Colonel DeLancy but her husband Barnes DeLancy, her daughters Tory and Tamarind, Al Freeman and John Childs. And sitting in the gallery happens to be Colonel DeLancey's mother, Ms. Maggie Young. Mrs. Young, if you would please stand? And also accompanying her is Gloria Jones. Members, today we honor Pamela DeLancy who has achieved at a level that inspires not only us, but everybody in Texas. A real Texas treasure, Colonel Pamela DeLancey. I move adoption of the resolution.

THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. Resolution is adopted. Representative Berman moves that all members' names will added. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Torres for an announcement.

REPRESENTATIVE RAUL TORRES: Members, just a reminder, there is breakfast taquitos in the lounge until 11:00 o'clock.

THE CHAIR: Following announcement, the clerk will read the announcement.

THE THE CLERK: The Committee on County Affairs will meet upon first adjournment on May the 19th, 2011, at desk No. 44 on the House floor. This will be a formal meeting to consider pending items.

THE CHAIR: Chair recognizes Representative Branch. Members, this is a memorial resolution. Please take your seats or move your conversation outside the rail.

REPRESENTATIVE DAN BRANCH: Thank you Madam Speaker. Members, I move to suspend all necessary rules to take up and consider HR 1459, a memorial resolution honoring the life of Bob Shaw.

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

THE THE CLERK: HR 1459 by Branch. WHEREAS, Family and friends are mourning the untimely passing of Robert Leland Shaw, Jr., of Dallas, who died on December 2, 2010 at the age of 56; and WHEREAS, Bob Shaw was born to Robert and JoAnn Shaw in Dallas on January 6, 1954; an Eagle Scout and a graduate of Richardson High School, he earned a bachelor's degree in architecture from The University of Texas, where he was elected president of the Kappa Alpha Order and was inducted into the Silver Spurs; and WHEREAS, Mr. Shaw joined the architecture and interior design firm F&S Partners, now SmithGroup/F&S, in 1978 and rose to become president of the company; active in professional organizations and held in high esteem by his peers, he served as president of the Dallas chapter of the American Institute of Architects in 1993, as vice president of the Texas Society of Architects in 1998, and as president of the Dallas chapter of the Council of Educational Facility Planners in 2003; and WHEREAS, At Highland Park Presbyterian Church, where he was a lifelong congregant, Mr. Shaw served as an elder and as a Sunday school teacher; he further contributed to his community through his volunteer work with the Salesmanship Club of Dallas and Boy Scouts of America Troop No. 70, and he was a member and former president of the Dervish Club; and WHEREAS, Bob Shaw exchanged wedding vows with Ann Bruns on December 3, 1983, and the couple shared a rewarding union of more than two and a half decades; over the years they were blessed with four beloved sons, Bobby, John, Will, and Peter; and WHEREAS, Through his steadfast optimism, courage, and humor Bob Shaw inspired all who were fortunate enough to know him, and he will forever hold a treasured place in their hearts; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Robert Leland Shaw Jr., and extend sincere sympathy to the members of his family: to his wife, Ann Bruns Shaw; to his sons, Bobby, John, Will, and PeterShaw; to his brothers and their spouses, Steve Shaw, David and Blair Shaw, Allan and Cyndi Shaw, and Bill and Lisa Shaw; to his brother-in-law, John Bruns, and his wife, Bet; to his nieces and nephews, David, Madeline, Charlie, Leah, Anna, and Hayden Shaw Holly and Hannah Kelley, and Abby, Will, Jack, and Caroline Bruns; And to his other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of Bob Shaw.

THE CHAIR: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Thank you Madam Speaker. Members, Bob Shaw was one of those great, kind, decent gentleman in our community that was beloved by so many. And we're honored today to have his wife Ann, and her -- and Bob's four sons Bobby, John, Wilkes and Peter, and their -- and Bobby's friend, Catherine Williams. Stacey and I have known this family in our community for a long time. Bob was one of those guys who spoke softly, but everyone respected him. He was a -- as you could hear from the resolution an outstanding, truly outstanding architect in our community. He is known as the church architect. He has done most of the church buildings in our community, the church buildings. In my own case I get to drive by and see his work on regular basis. And he was also a leader in college. And, interesting fact, in his -- when they had his memorial service for his fraternity, KA, 16 classes from 16 different years came back to attend his memorial dinner. And I can tell you that we often have some very large memorial services in our community, and the one that was the most overflowing for a really soft spoken, kind leader, was Bob Shaw who, in his -- at his own church, at Highland Park Presbyterian, where he designed much of that beauty of that edifice, there was a great celebration of his life. And that goes on today here. And thank you members, for allowing us to honor the life of a great Texan, a wonderful father, husband and civic leader. And today the House of Representatives honors Bob Shaw and his family for a life well lived. I move passage.

THE CHAIR: Members, you've heard the motion. This is a memorial resolution, all those in favor please rise. The resolution is unanimously adopted. Representative Sheets moves to add all members' names. Is there objection? Hearing none. So ordered.

THE CHAIR: Madam Doorkeeper, for what purpose?

DOORKEEPER: Madam Speaker, I have a messenger at the door of the House.

THE CHAIR: Please admit the messenger.

MESSENGER: Thank you, Madam Speaker. I'm directed by the Senate to inform the House the Senate has taken the following --

THE CHAIR: Following bills on first reading and referral.

THE THE CLERK: HCR 165 by Guillen. Honoring the 2011 and 2012 Texas State Artist appointees. SB 555, by Watson. Relating to the regulation of propane gas distribution retailers. SB 1425 by Wentworth. SB 1520 by Uresti. Relating to the consideration of applications for permits for certain commercial solid waste processing or treatment facilities. SB 1574 by Watson. Relating to the use of money in a tax increment fund to pay costs related to public improvements used for social services programs that promote the development or redevelopment of a reinvestment zone. SB 1695 by Williams. Relating to penalties for engaging in organized criminal activity. SB 1696 by Williams. Relating to the creation of an automatic license plate reader pilot program. SB 1697 by Williams. Elating to duties and restrictions regarding the special Texas Rangers. SB 1698 by Williams. Relating to reporting concerning inmates who are confined in county jails and subject to federal immigration detainers. SB 1699 by Williams. Relating to authorizing the use of an image verification system to determine whether an applicant for a driver's license or personal identification certificate is a fugitive from justice. SB 1787 by Patrick. Relating to the information provided by a peace officer before requesting a specimen to determine intoxication. SCR 55 by Seleiger. Commemorating the lives of John Clinton Formby and Margaret Clark Formby.

THE CHAIR: Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: Mr. Speaker, members, I move to suspend all necessary rules for the House to take up and consider House Resolution 1164 in honor of Dr. Mark Bing's induction into Texas High School Football Hall of Fame, and of his three decades of services to the young athletes of Katy.

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

THE THE CLERK: HR 1164 by Callegari. WHEREAS, Dr. Mark Bing of Katy was inducted into the Texas High School Football Hall of Fame in Waco on May 8, 2010, in recognition of his nearly three decades as a team doctor for young athletes; and WHEREAS, A native of Katy, Mark Bing followed in the footsteps of his father, Dr. Lyndon Bing, who was the doctor for the Katy High School football team, beginning in the early 1950s; the younger Mr. Bing studied at Trinity University in San Antonio training in his free time as a sports official, then attended Medical school in Guatemala, completed his residency at Marshall University in West Virginia, and returned to his hometown; and WHEREAS, A board-certified internal medicine specialist, Dr. Bing has helped thousands of injured Tigers at Katy High School through 28 football seasons, and he has received six state championship rings for his work on the sidelines, including a memorable 1997 championship when Katy defeated Longview; he also helps to safeguard the health of athletes on teams at other Katy schools, and oversees nutrition and hydration issues before during, and after games; and WHEREAS, Dr. Bing tends to the needs of wrestlers in the district as well, officiating bouts and contributing his medical expertise; a former wrestler himself, he spends a good portion of each February at the University Interscholastic League tournament; In addition, he is a cycling official who serves on the board of directors of Team SpinCycle, a group of active cyclists from the Katy area who train together for competitions; his diverse interests further include ownership of the Silver Iris private rail car services company, which allows individuals to charter their own rail car for trips across the country; and WHEREAS, Affiliated with Memorial Hermann healthcare system hospitals in Katy and Houston, Dr. Bing is only the second team doctor to be recognized by the Texas High School Football Hall of Fame; the coaches he has worked with cite his genuine concern for the welfare of players, his unselfish acts of kindness, and the positive impact he has had on the Katy football program and community; and WHEREAS, Through his enthusiastic efforts, Dr. Mark Bing has furthered the proud tradition of football excellence and participation that has long been a hallmark of the Lone Star State and he has enabled numerous young Texans to take part in athletic endeavors that build perseverance, character, and commitment; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Dr. Mark Bing on his induction into the Texas High School Football Hall of Fame and extend to him sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for Dr. Bing as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: Members, I move adoption.

THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: Members, it's a real great honor for me and for Dr. Zerwas to welcome Dr. Bing to the Texas House. The Katy High School, Katy Independent School District has been blessed for over 50 years with the Doctor being on the sidelines. First his father, Dr. Lindon Bing and now, Dr. Mark Bing who have been serving the districts athletes for over 50 years. We're very proud to recognize him. He certainly gives great service to both my district and Dr. Zerwas' district. Dr. Bing is an accomplished doctor. He's actually my personal doctor. So, I'm particularly partial to him. But he's done a great deal for the City of Katy. And I'd like to ask you to help us welcome Dr. Bing his wife, Kelly Bing and his mother-in-law, Joan Beck. And, Dr. Bing, thank you for all you do for Katy and for the State of Texas.

THE CHAIR: Members, Representative Miller moves to add all members' names. Is there any objection? Hearing none. So ordered.

THE CHAIR: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Thank you Madam Speaker. Members, I move to suspend all necessary rules and take up and consider HR 1890 honoring Gene Crump Darby, Jr.

THE CHAIR: Members, you've heard the motion is there any objection? Hearing none. So ordered. Chair lays out the following resolution clerk will read the resolution.

THE THE CLERK: HR 1890 by Darby. Honoring H. E. "Gene" Crump, Jr., on his retirement as deputy executive director of the Texas Workforce Commission.

THE CHAIR: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Thank you, members. Today we are proud to show our gratitude to the distinguished public servant who has earned the admiration and respect of his colleagues and peers. Mr. Gene Crump has spent 35 years to working to make his country and this state a better place. Throughout his years as a comptroller in the United States Navy, then as budget officer in the Texas General Service Commission, and now as Deputy Executive Director for the Texas Workforce Commission, Gene has demonstrated that while Austin is sometimes the place of political squabbling and personal conflict, it is more often the home of statesmanship and integrity. Gene will be greatly missed by those with whom he has served with these many years, but his retirement this month will be undoubtedly well earned. Gene is with us in the south gallery. Gene, would you please stand? And, members, congratulate Gene. Gene is joined by Larry Temple, executive director of the Texas Workforce Commission. Larry, would you stand? Thank you, Larry. Tom McCarthy, director of external relations and Courtney Yanes, director of governmental relations. Members, help me congratulate Gene for a career well served to the State of Texas, and thank him for his service to our great state. Thank you, Gene. Members, I move adoption.

THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none the resolution is adopted. Members, we are ready to begin consideration of the memorial and congratulatory calendars. The following congratulatory resolutions have been withdrawn, HR24, HR25, HR 1457, HR 1975, HR 1890, and HCR 149. The following congratulatory resolutions have been previously adopted. HR 1815 and HR 1795. Chair lays out the following congratulatory resolutions. Clerk will read the resolutions. SCR 53 by Watson. Recognizing the Texas Heritage Songwriters' Association for fostering and preserving Texas culture. HCR 153 by Dukes. Honoring the Austin Area Urban League. HCR 162 by Davis, John. Congratulating the Space Center Intermediate Band in Houston on its receipt of a 2010 Sudler Cup. HCR 164 by Smithee. Honoring Jean Hilfiger of Saint-Nabord, France, for his courageous actions in assisting U.S. military forces in France during World War II. HR 1023 by Carter. Welcoming members of the State Republican Executive Committee to the State Capitol. HR 1149 by Madden. Welcoming members of the Texas Catholic Conference to the State Capitol on April 6, 2011. HR 1150 by Sheffield. Recognizing April 4 through 8, 2011, as Connect a Million Minds Week. HR 1254 by Rodriguez, Eddie. Recognizing March 31, 2011, as Dove Springs Community Family Health Day at Consuelo Mendez Middle School in Austin. HR 1442 by Hartnett. Commending the Service Learning Adventures in North Texas 45 initiative for promoting community service among young people. HR 1485 by Solomons. Recognizing November 5-9, 2012, as Municipal Courts Week in Texas. HR 1486 by Solomons. Recognizing November 7-11, 2011, as Municipal Courts Week in Texas. HR 1571 by Munoz, Jr. Commemorating 2011 as the Year of the Farmworker Child. HR 1600 by Howard, Donna. Recognizing the third full week of May 2011 as Neuropathy Awareness Week. HR 1675 by Gallego. Recognizing May 6, 2011, as Lucy Rede Franco Day. HR 1754 by Howard, Donna. Recognizing May 6 through 12, 2011, as Nurses Week in Texas. HR 1763 by Callegari. Honoring the University of Houston System at Cinco Ranch on its 30th anniversary. HR 1765 by Callegari. Congratulating Joe Hegar on his retirement as Katy city attorney. HR 1766 by Callegari. Congratulating LaCenterra at Cinco Ranch/Vista Equities Group on its selection as Business of the Year for 2009 by the Katy Area Chamber of Commerce. HR 1767 by Callegari. Congratulating the Honorable William "Bill" Yeoman on being named the 2009 Citizen of the Year by the Katy Area Chamber of Commerce. HR 1769 by Madden. Congratulating Dr. Lannette Linthicum on her receipt of the 2011 E. R. Cass Correctional Achievement Award from the American Correctional Association. HR 1772 by Farrar. Congratulating Nicholas David Reed on being sworn in as an attorney on May 7, 2011, at the State Capitol. HR 1773 by Vo. Commemorating the 2011 Taiwanese American Heritage Week celebratory concert in Houston. HR 1775 by Gonzalez. Honoring Donald Leon Williams for his service as chair of the Black El Paso Democrats. HR 1779 by Perry. Congratulating the students from Seminole High School who have participated in the 2011 UIL One-Act Play competitions. HR 1780 by Perry. Congratulating the Seminole High School academic team for their achievements in 2011 UIL competition. HR 1781 by Perry. Congratulating the student competitors from Plains High School on their triumph in the regional round of the UIL One-Act Play Contest and extending them best wishes for success at the state meet. HR 1782 by Isaac. Honoring the Salt Lick in Driftwood on its participation in the "Bar-B-Quesday" hall lunch during the 82nd Legislative Session. HR 1783 by Isaac. Honoring Chisholm Trail Bar-B-Que in Lockhart on its participation in the "Bar-B-Quesday" hall lunch during the 82nd Legislative Session. HR 1784 by Isaac. Honoring Black's Barbecue in Lockhart on its participation in the "Bar-B-Quesday" hall lunch during the 82nd Legislative Session. HR 1785 by Isaac. Honoring Ronnie's BBQ in Johnson City on its participation in the "Bar-B-Quesday" hall lunch during the 82nd Legislative Session. HR 1786 by Gutierrez. Congratulating Wesley George Dempster on his graduation from The Citadel. HR 1787 by Gutierrez. Congratulating Lorene Wallace on being nominated for the Presidential Award for Excellence in Mathematics and Science Teaching. HR 1788 by Gutierrez. Recognizing May 1-7, 2011, as Public Service Recognition Week in Texas. HR 1789 by Schwertner. Commemorating the dedication of a Texas Historical Marker at the First National Bank of Cameron. HR 1790 by Flynn. Congratulating Carl and Ruth Evans of Fruitvale on their 50th wedding anniversary. HR 1791 by Flynn. Congratulating Brady and Lauretta Bass of Cash on their 52nd wedding anniversary. HR 1792 by Flynn. Congratulating Doug and Jo Ann Morris of Campbell on their 25th wedding anniversary. HR 1793 by Pitts. Congratulating the Texas Department of Licensing and Regulation on being named one of the top workplaces in the Austin area by the Austin American-Statesman. HR 1794 by Zedler. Congratulating Arlington Municipal Airport on being named the 2011 Reliever Airport of the Year by the Texas Department of Transportation Aviation Division. HR 1795 by Villarreal. Congratulating the educators and administrators who have earned 2011 H-E-B Excellence in Education Awards. HR 1796 by Parker. Commemorating the Flower Mound High School Circle of Friends 2011 Grande Ball. HR 1797 by Parker. Congratulating the Destination ImagiNation team from Clayton Downing Middle School in Flower Mound on its first-place finish at the 2011 Texas Destination ImagiNation Affiliate Tournament. HR 1798 by Parker. Congratulating the North Texas Municipal Water District on its receipt of the 2011 Texas Environmental Excellence Award for water conservation. HR 1799 by Parker. Honoring members of the Zumwalt, Kent, and Burket families for their service during the Texas Revolution and the period of the Texas Republic. HR 1802 by Gonzales, Veronica. Recognizing May 16-20, 2011, as Diabetic Peripheral Neuropathy Awareness Week. HR 1803 by Lozano. Congratulating Mike and Judy Muzyczyn of the Kleberg County Airport on their selection as the 2011 General Aviation Management Team of the Year by the Texas Department of Transportation, Aviation Division. HR 1804 by Riddle. Congratulating Lawrence J. "Doc" Cohen on being inducted into the International Franchise Association Hall of Fame. HR 1808 by Madden. Congratulating Judge Curt B. Henderson on his retirement as senior state district judge for the 219th Judicial District Court. HR 1810 by Carter. Congratulating Analisa Anastasi of Dallas on her receipt of the Girl Scout Gold Award. HR 1811 by Carter. Congratulating Emily Andrews of Dallas on her receipt of the Girl Scout Gold Award. HR 1812 by Carter. Congratulating Lauren Elizabeth Baskett of Dallas on her receipt of the Girl Scout Gold Award. HR 1813 by Carter. Congratulating Victoria Elena Christiansen of Dallas on her receipt of the Girl Scout Gold Award. HR 1814 by Davis, Yvonne. Honoring James Baugh on the occasion of his retirement as city manager of DeSoto. HR 1815 by Gooden. Honoring Kinlie Johnson for her service to the Athens community. HR 1816 by Cain. Congratulating Bobby and Brenda Vaughan of Powderly on their 50th wedding anniversary. HR 1817 by Morrison. Congratulating Larry Wheeler of Victoria on his retirement as a Walgreens store manager and pharmacist. HR 1818 by Murphy. Commemorating the 40th anniversary of Houston Community College. HR 1820 by Hunter. Congratulating Martha McLeod of the Fulton 4-5 Learning Center in Rockport on her receipt of the Presidential Award for Excellence in Science Teaching for the State of Texas. HR 1822 by Guillen. Honoring John Eric Pena on his 51st birthday. HR 1823 by Carter. Congratulating Katherine Ruth Seitz of Dallas on her receipt of the Girl Scout Gold Award. HR 1824 by Carter. Congratulating Rabbi Yerachmiel D. Fried on his selection as an Outstanding Community Leader by the Texas Legislative Black Caucus. HR 1825 by Carter. Congratulating Lois Finkelman on being appointed as head of the Dallas Gas Drilling Task Force. HR 1826 by Carter. Congratulating Amelia Catherine Mugavero of Dallas on her receipt of the Girl Scout Gold Award. HR 1827 by Carter. Congratulating Victoria Knight of Dallas on her receipt of the Girl Scout Gold Award. HR 1828 by Carter. Congratulating Carly H. Kaplan of Dallas on her receipt of the Girl Scout Gold Award. HR 1829 by Carter. Congratulating Allison Claire Marie Golden of Dallas on her receipt of the Girl Scout Gold Award. HR 1830 by Carter. Congratulating Dana LeeAnn Flinn of Dallas on her receipt of the Girl Scout Gold Award. HR 1831 by Carter. Congratulating Jillian Fisher of Dallas on her receipt of the Girl Scout Gold Award. HR 1832 by Carter. Congratulating Katherine Dodgen of Dallas on her receipt of the Girl Scout Gold Award. HR 1833 by Carter. Congratulating Julia Anne Dankberg of Dallas on her receipt of the Girl Scout Gold Award. HR 1834 by Carter. Recognizing May 2011 as Tuberous Sclerosis Complex Awareness Month in Texas. HR 1835 by Menendez. Honoring Michael Gerber for his service as executive director of the Texas Department of Housing and Community Affairs. HR 1836 by Craddick. Congratulating J. B. and Lorene Woodruff of Midland on their 60th wedding anniversary. HR 1838 by Harper-Brown. Congratulating the Bowie Middle School seventh-grade boys' track team on winning the 2011 Irving ISD city championship. HR 1839 by Munoz, Jr. Honoring R. P. "Bob" Sanchez for his distinguished career and his service to his community, state, and nation. HR 1840 by Munoz, Jr. Honoring Dr. Cayetano E. Barrera III of McAllen for his distinguished medical career and service to his community. HR 1842 by Veasey. Congratulating Dorothy Louise Stewart on her retirement from the Fort Worth Independent School District. HR 1844 by Hopson. Congratulating Cord Fletcher of Henderson High School on winning the UIL state wrestling championship in the 215-pound weight class. HR 1845 by Madden. Congratulating John Roach on his retirement as district attorney of Collin County. HR 1846 by Woolley. Congratulating Benjamin McPhaul on his graduation from The University of Texas at Austin. HR 1847 by Woolley. Congratulating Carson Elizabeth Brown of Houston on her graduation from Episcopal High School and her admission to the University of Mississippi. HR 1848 by Margo. Congratulating Ellen Negrete of Polk Elementary School in El Paso on being named the Region 19 Nurse of the Year by the Texas School Nurses Organization. HR 1850 by Perry. Congratulating Dean B. Stanzione II on his graduation from the Institute for Court Management's Court Executive Development Program. HR 1851 by Howard, Donna. Congratulating Austin Wayne Self on his victory in the opening event of the 2011 NASCAR Texas Whelen All-American Series. HR 1855 by Reynolds. Conmmending Fort Bend county commissioner Grady Prestage for his service to the community. HR 1857 by Reynolds. Honoring Stephen K. Brown II for his service as chair of the Fort Bend County Democratic Party. HR 1859 by Reynolds. Congratulating Danielle Murray Moss of Fleming Elementary School in Houston for being named 2011-2012 Elementary Teacher of the Year by the Fort Bend Independent School District. HR 1860 by Reynolds. Congratulating Yolanda Clarke of Travis High School in Richmond for being named 2011-2012 Secondary Teacher of the Year by the Fort Bend Independent School District. HR 1861 by Reynolds. Congratulating the Honorable Joel C. Clouser, Sr., on his 18 years of service as justice of the peace of Precinct 2 in Fort Bend County. HR 1862 by Reynolds. Honoring Carlos A. Garcia for his service as secretary of the Fort Bend County Democratic Party. HR 1863 by Reynolds. Commending Vivian Burley for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1864 by Reynolds. Commending Shana Barron for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1865 by Reynolds. Commending JoAnne Johnson for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1866 by Reynolds. Commending Alma Ramirez for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1867 by Reynolds. Commending Kiesha Guillory for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1868 by Reynolds. Commending Clarissa Heard for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1869 by Reynolds. Commending Geraldine Pace for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1870 by Reynolds. Commending Doris Edwards for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1871 by Reynolds. Commending Bernice Coleman for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1872 by Reynolds. Commending Stevenia Love for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1873 by Reynolds. Commending Kristi Mack for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1874 by Reynolds. Commending Renee Blankson for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1875 by Reynolds. Commending Kimberly Warren for her service as a Volunteers in Public Schools coordinator in the Fort Bend Independent School District. HR 1876 by Madden. Honoring the legislative interns of State Representative Jerry Madden. HR 1877 by Madden. Honoring Kathy Ward for her service as a Collin County commissioner. HR 1878 by Madden. Honoring Steve Deffibaugh on his retirement as the fire marshal of Collin County. HR 1882 by Madden. Congratulating Hannah Kunkle on her retirement as Collin County district clerk. HR 1884 by Schwertner. Congratulating Wayne and Catherine Long of Georgetown on their 60th wedding anniversary. HR 1886 by Craddick. Honoring Irene Buchanan on her 100th birthday. HR 1888 by Guillen. Honoring Roel Omar Guerra of Rio Grande City for his personal and professional achievements. HR 1889 by King, Tracy O. Congratulating the Castroville Area Economic Development Council on its first anniversary. HR 1892 by Carter. Congratulating Richland College on its receipt of the 2010 WasteWise College/University Partner of the Year Award from the EPA and on its first-place statewide finish in the RecycleMania competition. HR 1893 by Zedler. Commemorating the 60th anniversary of the incorporation of Crowley. HR 1895 by Anderson, Charles "Doc" Honoring the Waco Convention & Visitors Bureau on the occasion of Texas Travel and Tourism Week. HR 1913 by Anderson, Charles "Doc". Congratulating Alec Sanchez of McGregor for receiving a 2011 Prudential Spirit of Community Certificate of Excellence and a President's Volunteer Service Award. HR 1914 by Anderson, Charles "Doc". Congratulating Buddy and Judy Baker of Mart on their 50th wedding anniversary. HR 1915 by Carter. Congratulating Charles Pickitt, principal of Richardson High School, on being named a regional finalist for the 2011 H-E-B Excellence in Education Principal Award. HR 1925 by Gonzales, Veronica. Commending Oscar Moreno for organizing the first McAllen Book Fair. HR 1926 by Gonzales, Veronica. Honoring Lydia G. Sandoval on her 25 years of service with Lone Star National Bank in McAllen. HR 1932 by Anderson, Charles "Doc". Congratulating Avery Rae Williams and John Adam Kerley on their wedding. HR 1942 by Anderson, Charles "Doc". Congratulating Sonny and Carol Ludwig on their 50th wedding anniversary. HR 1944 by Anderson, Charles "Doc". Congratulating Howard and Mary Ann Thompson of Woodway on their 30th wedding anniversary. HR 1946 by Anderson, Charles "Doc". Commemorating the "First Things First" Juneteenth Kick Off Celebration in Waco. HR 1947 by Veasey. Honoring the Fort Worth Metropolitan Black Chamber of Commerce and its PATHS Forward leadership development program. HR 1948 by Martinez, "Mando". Congratulating Juan and Olga Lugo of Donna on their 50th wedding anniversary. HR 1952 by Callegari. Honoring U.S. Army Staff Sergeant Austin McCall of Katy on his receipt of the Bronze Star and the Purple Heart for his bravery in Afghanistan. HR 1953 by Callegari. Honoring Brazos Valley Schools Credit Union for its many contributions to the Katy Independent School District. HR 1954 by Callegari. Congratulating Jo Marie Hestilow on her selection as the 2010 Senior Citizen of the Year by the City of Katy. HR 1956 by Dutton. Honoring the Galveston/Houston Archdiocesan Council of Catholic Women. HR 1975 by Branch. Recognizing May 20, 2011, as GenTX Day.

THE CHAIR: Members, the question is on the adoption of the congratulatory resolutions read by the clerk. Is there objection? Chair hears none. All the congratulatory resolutions are adopted. Members, would you please take your seats? We are about to begin the memorial calendar. If you have conversations, members, please take your conversations outside the rail. The following memorial resolutions have been previously adopted: HR 1853. The following memorial resolutions, the clerk will read the resolutions. SCR 54 by Fraser. SP: Keffer. In memory of Gregory Mack Simmons. HCR 151 by Lavender. In memory of Bowie County Transport Deputy Sherri Jones. HCR 160 by Hughes. In memory of former state Representative Dr. Bob Glaze. HR 1771 by McClendon. In memory of the Reverend Dr. Laymon H. Frank Mills. HR 1800 by Parker. In memory of U.S. Army First Lieutenant Robert F. Welch III of Denton. HR 1801 by Gonzales, Veronica. In memory of Immigration and Customs Enforcement Special Agent Jaime Jorge Zapata. HR 1805 by Hunter. In memory of Michael James Ellis of Corpus Christi. HR 1806 by Madden. In memory of Joseph Allen Hill of Collin County. HR 1807 by Madden. In memory of former Plano mayor Robert Lee Harrington, Jr. HR 1849 by Margo. In memory of Frank Gillespie McKnight. HR 1853 by Naishtat. In memory of Alfred Richard Castello of Austin. HR 1856 by Reynolds. In memory of Acie John Butler of Houston. HR 1858 by Reynolds. In memory of Richard David Jones, Jr. HR 1879 by Madden. In memory of James Herbert Boswell of Plano. HR 1880 by Madden. In memory of Dale Ralph "Cactus" Martin, a former member of the Plano Fire Department. HR 1881 by Madden. In memory of Denise Short Smith of Plano. HR 1885 by Hilderbran. In memory of Brenda Reagor of Llano. HR 1887 by Guillen. Honoring the memory of Ramiro Barrera, Sr., of Roma for his public service. HR 1891 by Larson. In memory of Stephanie Ashley Flores. HR 1894 by Anderson, Charles "Doc" In memory of Jeremy Pat Pryor of Waco. HR 1896 by Anderson, Charles "Doc" In memory of Debi Deiterman of Waco. HR 1897 by Anderson, Charles "Doc". In memory of Maria Maciel of Waco. HR 1898 by Anderson, Charles "Doc". In memory of Jessie Mae Pruett of Hewitt. HR 1899 by Anderson, Charles "Doc". In memory of Stanley Louis Jahn of Waco. HR 1900 by Anderson, Charles "Doc". In memory of Anna Marie Guajardo of Waco. HR 1901 by Anderson, Charles "Doc". In memory of Megan Lynn Self of Crawford. HR 1902 by Anderson, Charles "Doc". In memory of Esther Mae Williams. HR 1903 by Anderson, Charles "Doc". In memory of Janie "Tootsie" Dickson of Waco. HR 1904 by Anderson, Charles "Doc". In memory of Dolores Patricia Jones Skelton of Waco. HR 1905 by Anderson, Charles "Doc". In memory of Floyd Darvin Parnell of Waco. HR 1906 by Anderson, Charles "Doc". In memory of Helen Ruth Marek of West. HR 1907 by Anderson, Charles "Doc". In memory of Charlsie Ann Rowland of Waco. HR 1908 by Anderson, Charles "Doc". In memory of Charles W. Green of Waco. HR 1909 by Anderson, Charles "Doc". In memory of Alfred Pomerenke of McGregor. HR 1910 by Anderson, Charles "Doc". In memory of Martha Wade Crone. HR 1912 by Anderson, Charles "Doc". In memory of James Robert Morrow, Sr., of Elm Mott. HR 1916 by Anderson, Charles "Doc". In memory of Domingo Suasa of Waco. HR 1917 by Anderson, Charles "Doc". In memory of Nellie Effie Sutton of Bellmead. HR 1918 by Anderson, Charles "Doc" In memory of Victor Guerrero III of China Spring. HR 1919 by Anderson, Charles "Doc". In memory of Irene A. Hendrix of Waco. HR 1920 by Anderson, Charles "Doc". In memory of Jarrell Dean Cantrell of Lacy-Lakeview. HR 1921 by Anderson, Charles "Doc". In memory of Edna Delle Hammit of Crawford. HR 1922 by Anderson, Charles "Doc" In memory of Nina Leathers-Hunt of Waco. HR 1923 by Anderson, Charles "Doc" In memory of Albert Galindo of Waco. HR 1927 by Gonzales, Veronica. Honoring the life of Colonel James "Nikki" Rowe of McAllen on the 22nd anniversary of his death. HR 1924 by Anderson, Charles "Doc". In memory of Anne Perlman Harris. HR 1928 by Anderson, Charles "Doc". In memory of Billy G. White of Waco. HR 1929 by Anderson, Charles "Doc". In memory of Daniel A. Mynarcik, Sr., of Elm Mott. HR 1930 by Anderson, Charles "Doc". In memory of Keenan Rhae-Von Hubert of Waco. HR 1931 by Anderson, Charles "Doc". In memory of Virginia Frances Donaldson. HR 1933 by Anderson, Charles "Doc". In memory of Dr. Richard George Fadal of Waco. HR 1934 by Anderson, Charles "Doc". In memory of Joe M. Rodriguez. HR 1935 by Anderson, Charles "Doc". In memory of Virginia Baskett of Waco. HR 1936 by Anderson, Charles "Doc". In memory of Norman E. Vinson of Waco. HR 1937 by Anderson, Charles "Doc". In memory of Donna Jean Evetts of Hewitt. HR 1938 by Anderson, Charles "Doc". In memory of Beverly Louise Bryan of Waco. HR 1939 by Anderson, Charles "Doc". In memory of Betty Ruth Ritterhoff Armstrong of Waco. HR 1940 by Anderson, Charles "Doc". In memory of Edna E. Henderson Anderson of Waco. HR 1941 by Anderson, Charles "Doc". In memory of John Poe of Moody. HR 1943 by Anderson, Charles "Doc". In memory of Ira McClease Mathews, Sr., of Waco. HR 1945 by Anderson, Charles "Doc". In memory of Cleo Frances Malone of West. HR 1949 by Martinez, "Mando". In memory of longtime Weslaco resident Janie Cuellar Salinas. HR 1959 by Munoz, Jr. In memory of Border Patrol agent Eduardo Lee "Eddie" Vela of Mission. HR 1966 by Flynn / Garza. In memory of the Reverend David Wilkerson of Lindale, the founding pastor of Times Square Church in New York City and best-selling author. HR 1974 by Pitts. In memory of U.S. Army Private First Class Joel Ramirez of Waxahachie. HR 1988 by Eissler. In memory of U.S. Army Private First Class Kyle Matthew Holder of The Woodlands. HR 1989 by Eissler. In memory of U.S. Marine Corps Corporal Jeffrey Warren Johnson of Tomball.

THE CHAIR: Members, the question is on the adoption of the memorial resolutions read by the clerk. Members, these are memorial resolutions. All those in favor please rise. The memorial resolutions are adopted. Representative Sheets moves that all members' names be added to the following resolutions honoring fallen U.S. servicemen: HR 1800, HR 1974, HR 1988, and HR 1989. Representative Miller moves that all members' names be added to the following resolutions honoring fallen peace officers and first respondents: HCR 151, HR 1801 and HR 1880. Representative Hughes moves to add all members' names to HCR180. Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Martinez Fischer.

REPRESENTATIVE FISCHER MARTINEZ: Thank you Madam Speaker and members, I move to suspend all necessary rules and take up and consider HR 2092 honoring the life of Susan Rocha.

THE CHAIR: Members, this is a memorial resolution. Clerk will read the resolution.

THE THE CLERK: HR 2092 by Martinez Fischer. WHEREAS, Attorney Susan C. Rocha of San Antonio passed away on August 13, 2010, bringing a great loss to the nation's municipal law community and to her loved ones; and. WHEREAS, The daughter of Connie and Rudy Rocha, Ms. Rocha was born in San Antonio on November 14, 1950; she earned a bachelor's degree in secondary education from the University of Dayton in Ohio and a master's degree in urban education from Chicago State University before graduating from The University of Texas School of Law; a former history and geography teacher, she began her career in public service in 1985 as an assistant city attorney for San Antonio, and she later served as senior intergovernmental relations officer for the United States Department of Housing and Urban Development; and WHEREAS, In 1989, Ms. Rocha became first assistant general counsel for the Texas Municipal League in Austin, where she represented municipal interests through her work with the state legislature; at the request of the Texas attorney general she created the first Office of Municipal Affairs to represent the interests of Texas cities; in 1995, she established a very successful practice as a city attorney representing cities across the Lone Star State in governmental issues; a partner in the firm of Denton, Navarro, Rocha & Bernal, P.C., she most recently served as city attorney for Buda, Cibolo, Roma, and San Felipe, and as general counsel to myriad public entities; over the course of a quarter-century, she represented the interests of numerous governmental bodies and advised hundreds of public officials and their staffs; and WHEREAS, Sharing her vast knowledge and expertise, Ms. Rocha taught at St. Mary's Law School and served on the program faculty for The University of Texas Land Use Planning Law Conferences; Moreover, she was a regular contributor to the continuing legal education programs of The University of Texas and the State Bar of Texas and spoke frequently at seminars and meetings of the Texas City Attorneys Association, the Texas Municipal League, and other organizations; and WHEREAS, This dynamic professional served as president of the Texas City Attorneys Association and of the International Municipal Lawyers Association; the IMLA named her a local government fellow and she was a respected mentor to innumerable municipal lawyers across the country; vibrant, witty, and caring, she made a positive difference in many lives through her friendship as well as her leadership; her passions included politics, the arts, culture, and literature, and in her leisure time, she enjoyed hunting, fishing and travel; the proud aunt of nine nieces and nephews, she also took an interest in the children of her friends and colleagues and delighted them with her exuberance and wonderful sense of humor; And WHEREAS, Those who were privileged to know Susan Rocha will forever treasure their memories of time spent in her company, and her wisdom and dedication will remain a source of inspiration for years to come; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the life of Susan C. Rocha and extend sincere sympathy to the members of her family: to her mother Connie Rocha; to her sisters, Angela Rocha and Martie Enriquez and her husband, Bob; to her brothers, John Rocha and Tom Rocha and his wife, Leesa; to her nieces and nephews, Sarah, Kati, and Morgan Williams, Andrea, Vincent, and Michael Enriquez, and Eli, Luke, and Erin Rocha; and to her many other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas House of Representatives adjourns this day, it do so in memory of Susan C. Rocha.

THE CHAIR: Chair recognizes Representative Martinez Fischer.

REPRESENTATIVE FISCHER MARTINEZ: Thank you, Madam Speaker and members, on behalf of the American (inaudible) delegation I move adoption.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. The motion is adopted.

THE CHAIR: Representative Farias and Representative Menendez moves to all members' names to the resolution. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Martinez Fischer.

REPRESENTATIVE FISCHER MARTINEZ: Thank you, Madam Speaker and members. Members, thank you for your indulgence for us to honor the Rocha family, by honoring Susan Rocha. Many of you know her, she traveled the halls of this Capitol representing cities. The City of San Antonio, the City of Austin, several cities along the way with the Texas Municipal League. When I first met Susan she headed the First Created Municipal Affairs section for the Office of the Attorney General and she did such a great job that Secretary Henry, when he took a (inaudible) handful of Texans with him, Susan was one of them, to replicate that program for the nation. She is certainly a role model that we all follow. She's someone who led by example, and made it very clear to us through her good deeds she can then turn around and invest in us and do more good deeds. So it is a special tribute that we're here today to honor her. And, on the dais this morning, we have Susan Rocha's mother, a former trustee for the San Antonio Independent School District, Connie Rocha. Her sister Angela Rocha, her sister Marta Enriquez. Her brother, John Rocha, her brother Tom Rocha, and Pat Bernal who is -- many of you know Pat's father, Senator Joe Bernal, served in San Antonio with distinction. He's a partner in the law firm that Susan was a partner in. And joining us in the east gallery we have a whole group of family members and friends and colleagues, from Sarah Williams, Andre Enriquez, Katie Williams, Morgan Williams, Michael Enriquez, Robert Enriquez, Vicky Hernandez, Ana, her many colleagues and close friends and professional associates, Susan Horton with Texas Municipal League, Charlie (inaudible) her law partner, of George Hay, her law partner, Elisa Bernal Rebekah Horton, Lol Denton, her law partner, Rick Navarro, Clarissa Rodriguez, associate with the firm. And also my wife, Elizabeth, who is an associate with the firm as well. And they're in the east gallery. And we went to thank you and thank everybody for honoring the life of Susan Rocha. Thank you, members.

THE CHAIR: Chair recognizes Representative Howard of Travis.

REPRESENTATIVE DONNA HOWARD: Thank you Madam Speaker and members, I would like to direct your attention again to the east gallery where we have some guests in attendance, Margery and Alexander Haddock and Nancy and Peter Herla. If y'all would please stand I will continue to give them information about you. Margery, Alexander, Nancy and Peter are founders of Hands Feet and Heart, which works to spread the awareness of neuropathy, a disorder that can be inherited or acquired resulting from injury to the peripheral nerves. The disorder causes weakness, pain and sensory un coordination loss in the arms and legs. And although neuropathy is a common chronic disease effecting an estimated 1 in 15 people in the U.S. and 1.7 million Texans. Many have never even heard of it. Today we passed HR 1600 which recognizes the third full week of May as Neuropathy Awareness Week. Neuropathy is a serious health issue and I would like to thank Margery, Alexandra, Nancy and Peter for being at the Capitol today. And I would like you, members, to please welcome them to our Capitol.

THE CHAIR: Members, we will begin the local and consent calendars in just a moment. Members, just to remind you that we do have coming deadlines on Senate Bills, and there will be a number of committee meetings on first adjournment or lunch recess today. Members, we're going to be ready to go on the Local and Consent calendar. Please be ready if you have any bills on the calendar. Chair recognizes Mrs. Thompson to explain Senate Bill 27.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I move Senate Bill 27 to the end of the calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Walle to explain Senate Bill 61.

REPRESENTATIVE ARMANDO WALLE: Thank you Madam Speaker and members, this bill will ensure that juvenile cases managers in municipal and JP courts will have the appropriate training to ensure success for --

THE CHAIR: Is there objection to consideration of Senate Bill 61? Chair hears none. Lays out Senate Bill 61. The clerk will read the bill.

THE THE CLERK: SB 61 by Zaffirini. Relating to juvenile case managers.

THE CHAIR: Chair recognizes Representative Walle.

REPRESENTATIVE ARMANDO WALLE: Thank you, madam, I move passage.

THE CHAIR: Question occurs on passage of Senate Bill 61 to third reading. Is there objection? Chair hears none. So ordered. Chair calls on Representative Gallego to explain Senate Bill 82. Chair recognizes Chairman Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker and members, I move Senate Bill 82 to the end of the calendar.

THE CHAIR: Members, you've heard the motion -- Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you Madam Speaker. The bill, Senate Bill 82 relates to the prosecution of the offense of stalking and clarifies that a person doesn't have to include -- it can include multiple instances of different behavior.

THE CHAIR: Is there objection to consideration of Senate Bill 82? Chair hears none. The Chair lays out Senate Bill 82. The clerk will read the bill.

THE THE CLERK: SB 82 by Nelson. Relate to the prosecution of the offense of stalking.

THE CHAIR: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 82. Is there objection? Chair hears none. So ordered. The Chair calls of Representative Farias to explain Senate Bill 101.

REPRESENTATIVE JOE FARIAS: Thank you madam Chair. House Bill 101 deals with consideration between the homeowner who may be a potential --

THE CHAIR: Is there objection to consideration of Senate Bill 101? Chair hears none. Chair lays out Senate Bill 101. The clerk will read the bill.

THE THE CLERK: SB 101 by Van De Putte. Relating to the regulation of nonjudicial foreclosure on residences owned by certain members of the military, including foreclosure by a property owners' association.

THE CHAIR: Chair recognizes Representative Farias.

REPRESENTATIVE JOE FARIAS: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 101. Is there objection? Chair hears none. So ordered. Chair calls on Representative Castro to explain Senate Bill 116.

REPRESENTATIVE JOAQUIN CASTRO: Senate Bill 116 expands dating violence of protective orders and I have an amendment.

THE CHAIR: Following amendment, the clerk will read the amendment.

THE THE CLERK: SB 116 by Urestes. Relating to the protective orders against dating violence.

THE CHAIR: Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Castro.

THE CHAIR: Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: The amendment simply clarifies legal language. We worked on the family law foundation to clean up the legal language on it.

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

REPRESENTATIVE JOAQUIN CASTRO: Move passage on the bill.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 116. Is there objection? Chair hears none. So ordered. Chair calls of Representative Madden to explain Senate Bill 116.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker, members, this moves the sex offender counsel --

THE CHAIR: Is there objection to consideration of Senate Bill (inaudible) --

REPRESENTATIVE DEBBIE RIDDLE: Madam Speaker.

THE CHAIR: For what purpose (inaudible)

(inaudible).

REPRESENTATIVE DEBBIE RIDDLE: Would the gentleman yield?

REPRESENTATIVE JERRY MADDEN: I yield.

THE CHAIR: Gentleman yields.

REPRESENTATIVE DEBBIE RIDDLE: This bill this seems to be a fairly long bill, and it seems to be creating a new state agency. I don't want to stand here and talk for ten minutes. Can you briefly explain it? There's some concerns about it.

REPRESENTATIVE JERRY MADDEN: Sure. It's not the creation, Debbie of a new state agency. This group already exists. They exist already on the Department of Health Services. All we're doing is setting them up, since they don't really fit there, and Senator Shapiro and I have worked on this for several years. There's not a fit there that moves to set them up as a separate organization, within the state. It's no new employees, there's no creation of anything new that we're doing. It's currently just doing the same things we're currently doing, but moving them out of DISHES and into their own organization.

REPRESENTATIVE DEBBIE RIDDLE: Would you mind just postponing this just briefly? We're not wanting to kill anything, so we could visit about this briefly with you? Call it up at the end of the Local and Consent Calendar?

REPRESENTATIVE JERRY MADDEN: I'll move it to -- move the it to the end of the Local and Consent Calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair called on Representative Hardcastle to explain House Bill -- excuse me, Senate Bill 179.

REPRESENTATIVE RICK HARDCASTLE: Thank you Madam Speaker. Senate Bill 179 puts the only community in the State of Texas outside of the --

THE CHAIR: Is there objection to consideration of Senate Bill 179? The Chair hears none and lays out Senate Bill 179. The clerk will read the bill.

THE THE CLERK: SB 179 by Estes. Relating to the service area of the North Central Texas College District.

THE CHAIR: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: I move passage.

THE CHAIR: The question occurs on passage of Senate Bill 179 to third reading. Is there objection? Chair hears none. So ordered. Chair calls upon Representative King of Taylor to explain Senate Bill 191.

REPRESENTATIVE SUSAN KING: Senate Bill 191 has to do with relating to disposition of a contested case by the Texas Medical Board -- and clarifies the situation with the --

THE CHAIR: Is there objection to consideration of Senate Bill 191? Chair hears none and lays out Senate Bill 191. The clerk will read the bill.

THE THE CLERK: SB 191 by Nelson. Relating to disposition of a contested case by the Texas Medical Board.

THE CHAIR: Chair recognizes Representative King of Taylor.

REPRESENTATIVE SUSAN KING: Mr. Speaker, members, I move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 191. Is there objection? Chair hears none. So ordered. Chair calls on Representative Hernandez Luna to explain Senate Bill 199.

REPRESENTATIVE ANA LUNA HERNANDEZ: Thank you Madam Speaker, members. Senate Bill 199 allows for non profit organizations to (inaudible) --

THE CHAIR: Is there objection to consideration of Senate Bill 199? Chair hears none, lays out Senate Bill 199. The clerk will read the bill.

THE THE CLERK: SB 199 by West. Relating to agricultural projects in certain schools, including the eligibility of nonprofit organizations that partner with schools to receive grants.

THE CHAIR: Chair recognizes Representative Hernandez Luna.

REPRESENTATIVE ANA HERNANDEZ LUNA: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 199. Is there objection? Chair hears none. So ordered. Chair calls on Representative King of Taylor to explain Senate Bill 227.

REPRESENTATIVE SUSAN KING: Madam Speaker, members, Senate Bill 227 relates to non (inaudible) Resolution of certain complaints filed against physicians.

THE CHAIR: Is there objection to consideration of Senate Bill 227? Chair hears none and lays out House Bill 227. The clerk will read the bill.

THE THE CLERK: SB 227 by Nelson. Relating to the nondisciplinary resolution of certain complaints filed against physicians.

THE CHAIR: Chair recognizes Representative King of Taylor.

REPRESENTATIVE SUSAN KING: Members, I move passage.

THE CHAIR: The question occurs on passage of Senate Bill 227 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Raymond to explain Senate Bill 260.

REPRESENTATIVE RICHARD RAYMOND: Members, this is relating to minimum training standards for employees of certain child facilities. And I think we have an amendment.

THE CHAIR: Following amendment, the clerk -- Is there objection to consideration of Senate Bill 260? Chair hears none, lays out Senate Bill 260. The clerk will read the bill.

THE THE CLERK: SB 260 by West. Relating to minimum training standards for employees of certain child-care facilities.

THE CHAIR: Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Raymond.

THE CHAIR: Chair recognizes Representative Raymond.

REPRESENTATIVE RICHARD RAYMOND: Members, this just makes sure that it excludes programs like the United Way, YMCA (inaudible).

THE CHAIR: Is there objection to consideration of the amendment? Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: Thank you. This is not on the amendment, this is on the bill. I wanted to ask a question regarding the bill.

REPRESENTATIVE RICHARD RAYMOND: Okay.

THE CHAIR: Do you yield, Representative Raymond?

REPRESENTATIVE RICHARD RAYMOND: I yield.

THE CHAIR: Members, Representative Raymond sends up an amendment. Is there objection to the amendment? The Chair hears none. The amendment's adopted. We're on the bill, Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: I just wanted to ask Representative Raymond, did your criteria or the changes that you made, could you just tell me what was the changes you made.

REPRESENTATIVE RICHARD RAYMOND: Sure. It goes from eight hours of initial training to tweny-four hours. It must be completed not later than the 90th day after the 21st day of employment, even if they have less than two years of employment experiences.

REPRESENTATIVE YVONNE DAVIS: Okay. But what -- Okay.

REPRESENTATIVE RICHARD RAYMOND: And the amendment is that it would not apply to organizations like -- like United Way, YMCA, et cetera.

THE CHAIR: The question occurs on passage of Senate Bill 260 to third reading. Is there objection? Chair hears none so ordered. Chair recognizes Representative Scott to explain Senate Bill 283.

REPRESENTATIVE CONNIE SCOTT: Members, this is relating to the appointment of associate judges in child protective cases.

THE CHAIR: Is there objection to consideration of Senate Bill 283? Chair hears none, lays out Senate Bill 283. The clerk will read the bill.

THE THE CLERK: SB 283 by Harris. Relating to the appointment of associate judges in child protective services cases.

THE CHAIR: Chair recognizes Representative Scott.

REPRESENTATIVE CONNIE SCOTT: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 283. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Scott to explain Senate Bill 303.

REPRESENTATIVE CONNIE SCOTT: I move to postpone this bill until the next calendar.

THE CHAIR: For what purpose -- You've heard the motion. Is there objection?

REPRESENTATIVE HAROLD DUTTON: I wanted to speak 20 minutes on this bill.

THE CHAIR: Is there objection to moving it to the next calendar? Chair hears none. So ordered. Chair recognizes Representative Davis of Harris to explain Senate Bill 324.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker and members, this bill amends the statute to allows U of H, Clear Lake to offer undergraduate and graduate programs.

THE CHAIR: Is there objection to consideration to Senate Bill 324? Chair hears none and lays out Senate Bill 324. The clerk will read the bill.

THE THE CLERK: SB 324 by Jackson. Relating to the course levels offered by the University of Houston-Clear Lake.

THE CHAIR: Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE JOHN DAVIS: I move passage.

THE CHAIR: The question occurs on passage of Senate Bill 324 to third reading. Is there objection? Chair hears none. So ordered. Chair calls on a Representative Chisum to explain Senate Bill 329.

REPRESENTATIVE WARREN CHISUM: Members, Senate Bill 329 recycles your old TVs, so if you have a TV you trade one in --

THE CHAIR: Is there objection to consideration of Senate Bill 329 -- For what purpose Representative Aliseda?

REPRESENTATIVE JOSE ALISEDA: I'd like to ask some questions to this gentleman, to establish legislative intent.

THE CHAIR: Mr. Chisum, do you yield? Gentleman yields.

REPRESENTATIVE JOSE ALISEDA: Mr. Chisum, isn't that correct that this bill does not include computer equipment, because the legislature previously enacted a computer equipment cycling program.

REPRESENTATIVE WARREN CHISUM: Yes.

REPRESENTATIVE JOSE ALISEDA: Are there similarities between this program and the equipment recycling program and television recycling bill before us?

REPRESENTATIVE WARREN CHISUM: Yes.

REPRESENTATIVE JOSE ALISEDA: Is there -- Is this different from the computer equipment, which is required to be individually reported, recycling numbers, TCEQ, there is no collective or aggregate reporting options; is that correct?

REPRESENTATIVE WARREN CHISUM: That is correct.

REPRESENTATIVE JOSE ALISEDA: You have a good bill. I hope we follow up on the reporting numbers.

REPRESENTATIVE WARREN CHISUM: Thank you. Madam Speaker, I move that we put the conversation in writing and put it in the journal.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out Senate Bill 329. The clerk will read the bill.

THE THE CLERK: SB 329 by Watson. Relating to the sale, recovery, and recycling of certain television equipment; providing administrative penalties.

THE CHAIR: Chair recognizes Representative Chisum.

REPRESENTATIVE WARREN CHISUM: I move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 329. Is there objection? Chair hears none. So ordered. Chair calls of Representative Darby to explain Senate Bill 373.

REPRESENTATIVE DREW DARBY: This bill simply amends current law relating to the Office of the County Treasurer.

THE CHAIR: Is there objection to consideration of Senate Bill 373? Chair hears none. Lays out Senate Bill 373. Clerk will read the bill.

THE THE CLERK: SB 373 by Duncan. Relating to the office of county treasurer.

THE CHAIR: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 373. Is there objection? Chair hears none. So ordered. Chair calls of Representative Elkins to explain Senate Bill 143.

REPRESENTATIVE GARY ELKINS: Thank you, Madam Speaker. Senate Bill 412 (inaudible) an oversight that was done in 2009, and it restores authority back at --

THE CHAIR: Is there objection to consideration of Senate Bill 412? Chair hears none. The Chair lays out Senate Bill 412. The clerk will read the bill.

THE THE CLERK: SB 412 by West. Relating to payment of costs of improvements of a public improvement district designated by a municipality or county.

THE CHAIR: Chair recognizes Representative Elkins.

REPRESENTATIVE DREW DARBY: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 412. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Raymond to explain Senate Bill 434.

REPRESENTATIVE RICHARD RAYMOND: Members, Madam Speaker and members this would address the relationship between domestic violence and child abuse --

THE CHAIR: Is there objection to consideration of Senate Bill 434? Chair hears none, lays out Senate Bill 434. The clerk will read the bill.

THE THE CLERK: HB 434 by Nelson. Relating to the establishment of a task force to address the relationship between domestic violence and child abuse and neglect.

THE CHAIR: Chair recognizes Representative Raymond.

REPRESENTATIVE RICHARD RAYMOND: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 434. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Anchia to explain Senate Bill 470.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker and members, this bill allows an employee of a hospital district to apply to withhold --

THE CHAIR: Is there objection to consideration of House Bill 470? The Chair hears none, lays out Senate Bill 470. The clerk will read the bill.

THE THE CLERK: SB 470 by Carona. Relating to an exception to disclosure under the public information law concerning officers and employees of a hospital district.

THE CHAIR: Chair recognizes Representative Anchia.

REPRESENTATIVE RAPHAEL ANCHIA: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 470. Is there objection? Chair hears none. So ordered. Chair calls on Representative Carter to explain Senate Bill 485.

REPRESENTATIVE STEFANI CARTER: Thank you, Madam Speaker. Members, Senate Bill 485 aids in the prosecution of murders trial and I move passage.

THE CHAIR: Is there objection to consideration of Senate Bill 485? Chair hears none and lays out Senate Bill 485. The clerk will read the bill.

THE THE CLERK: HB 485 by Huffman. Relating to proper venue for certain criminal prosecutions of mortgage fraud.

THE CHAIR: Chair recognizes Representative Carter.

REPRESENTATIVE STEFANI CARTER: Thank you. Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 485. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Smith of Harris to explain Senate Bill 493.

REPRESENTATIVE WAYNE SMITH: 493, members, allows clean idle engines to idle.

THE CHAIR: Is there objection to consideration of Senate Bill 493? Chair hears none, lays out Senate Bill 493. The clerk will read the bill.

THE THE CLERK: SB 493 by Fraser. Relating to the idling of motor vehicles.

THE CHAIR: Chair recognizes Representative Smith of Harris.

REPRESENTATIVE WAYNE SMITH: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 493. Is there objection? Chair hears none. So ordered. Chair calls on Representative -- Representative Thompson moves to remove Senate Bill 499 from this calendar and place it on the next Local and Consent Calendar. You've heard the motion. Is there objection? Chair hears none. So ordered. Chair calls on Representative Lozano to explain Senate Bill 508.

REPRESENTATIVE JOSE LOZANO: Thank you, Madam Speaker. Members, SB 508 relates to the extent of the (inaudible) South Padre Island.

THE CHAIR: Is there objection to consideration of Senate Bill 508? The Chair hears none and lays out Senate Bill 508. The clerk will read the bill.

THE THE CLERK: SB 508 by Lucio. Relating to the extent of extraterritorial jurisdiction of certain less populous municipalities located on a barrier island.

THE CHAIR: Chair recognizes Representative Lozano.

REPRESENTATIVE JOSE LOZANO: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 508. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Gutierrez to explain Senate Bill 510.

REPRESENTATIVE ROLAND GUTIERREZ: Thank you members, this establishes diabetes registry in Bexar County.

THE CHAIR: Is there objection to consideration of Senate Bill 510? Chair hears none and lays out Senate Bill 510. The clerk will read the bill.

THE THE CLERK: SB 510 by Van de Putte. Relating to a voluntary statewide diabetes mellitus registry.

REPRESENTATIVE ROLAND GUTIERREZ: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 510. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Morrison to explain Senate Bill 524.

REPRESENTATIVE GEANIE MORRISON: Thank you Madam Speaker. Senate Bill 524 will amend the existing

(inaudible).

THE CHAIR: Is there objection to consideration of Senate Bill 524? Chair hears none. Chair lays out Senate Bill 524. The clerk will read the bill.

THE THE CLERK: SB 524 by Hegar. Relating to the issuance of certain permits for the movement of oversize or overweight vehicles.

THE CHAIR: Chair recognizes Representative Morrison.

REPRESENTATIVE GEANIE MORRISON: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 524. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hancock to explain Senate Bill 579.

REPRESENTATIVE KELLY HANCOCK: Thank you, Madam. SB 579 allows for --

THE CHAIR: Is there objection to consideration of Senate Bill 579? Chair hears none and lays out Senate Bill 579. The clerk will read the bill.

THE THE CLERK: SB 579 by Hegar. Relating to the total benefit amount under a prepaid funeral contract.

THE CHAIR: Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 579. Is there objection? Chair hears none. So ordered. Chair calls on Representative Alvarado to explain Senate Bill 613.

REPRESENTATIVE CAROL ALVARADO: Thank you, Madam Speaker. SCR 613 of state laws --

THE CHAIR: Is there objection to consideration of Senate Bill 613? Chair hears none and lays out Senate Bill 613. And the clerk will read the bill.

THE THE CLERK: SB 613 by Rodriguez. Relating to educational requirements for licensing as a speech-language pathologist or audiologist.

THE CHAIR: Chair recognizes Representative Alvarado.

REPRESENTATIVE CAROL ALVARADO: I move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 613. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Scott to explain Senate Bill 633.

REPRESENTATIVE CONNIE SCOTT: Members, this is relating to the educational scope of Texas A&M university --

THE CHAIR: Is there objection to consideration of Senate Bill 633? Chair hears none and lays out Senate Bill 633. The clerk will read the bill.

THE THE CLERK: SB 633 by Hinojosa. Relating to the educational scope of Texas A&M University--Corpus Christi.

THE CHAIR: Chair recognizes Representative Scott.

REPRESENTATIVE CONNIE SCOTT: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 633. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Branch to explain Senate Bill 639.

REPRESENTATIVE DAN BRANCH: Thank you, Madam Speaker. Members, this is the haze legacy act

(inaudible) this bill.

THE CHAIR: The Chair -- Is there objection to consideration of Senate Bill 639? If not, the Chair lays out Senate Bill 639. The clerk will read the bill.

THE THE CLERK: SB 639 by Van de Putte. Relating to tuition and fee exemptions at public institutions of higher education for certain military personnel, veterans, and dependents residing in this state.

THE CHAIR: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Move passage.

THE CHAIR: The question occurs on passage to third reeding of Senate Bill 639. Is there objection? Chair hears none. So ordered. Chair lays out or lays out -- Excuse me, the Chair recognizes Representative Hamilton to explain Senate Bill 747. Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, members (inaudible) regulations of the Texas Real Estate Commission.

THE CHAIR: Is there objection to consideration of Senate Bill 747? Chair hears none, lays out Senate Bill 747. The clerk will read the bill.

THE THE CLERK: SB 747 by Carona. Relating to the professions regulated by the Texas Real Estate Commission.

THE CHAIR: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 747. Is there objection? Chair hears none. So ordered. Chair recognizes -- Representative -- Representative Hamilton? We have recognized to reconsider the vote by which Senate Bill 747 was just passed. Members, is there any objection? Chair hears none. So ordered. Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Members, I'd like to withdraw this until the next Local and Consent calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, Representative Dukes moves to withdraw Senate Bill 768 from this calendar to the next Local and Consent calendar. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Huberty to explain Senate Bill 778.

REPRESENTATIVE DAN HUBERTY: Thank you, Madam Speaker. This bill relates to the inclusion of special educated students with disabilities and distribute (inaudible) campus planning activities --

THE CHAIR: Is there objection to consideration of Senate Bill 778? Chair hears none and lays out Senate Bill 778. The clerk will read the bill.

THE THE CLERK: SB 778 by Alonzo. Relating to the inclusion of professional staff who educate students with disabilities on district-level and campus-level planning and decision-making committees.

THE CHAIR: Chair recognizes Representative Huberty.

REPRESENTATIVE DAN HUBERTY: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 778. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain Senate Bill 866.

REPRESENTATIVE JIM JACKSON: This bill helps and schools and teachers identify and be prepared to teach students with dyslexia.

THE CHAIR: Is there objection to consideration of Senate Bill 866? Chair hears none and lays out Senate Bill 866. The clerk will read the bill.

THE THE CLERK: HB 866 by Deuell. Relating to the education of public school students with dyslexia, the education and training of educators who teach students with dyslexia, and the assessment of students with dyslexia attending an institution of higher education.

THE CHAIR: Chair recognizes Representative Jackson.

REPRESENTATIVE JIM JACKSON: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 866. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Madden to explain Senate Bill 880.

REPRESENTATIVE JERRY MADDEN: Members, Senate Bill 880 clarifies the scope of administration supervision services of the --

THE CHAIR: Is there objection to consideration of Senate Bill 880? Chair hears none, lays out Senate Bill 880. The clerk will read the bill.

THE THE CLERK: SB 880 by Whitmire. Relating to the operation of pretrial intervention and certain other programs by a community supervision and corrections department.

THE CHAIR: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: I move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 880. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Harper-Brown to explain Senate Bill 888. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. Members, this is will allow DART to set up a regional local government corporation.

THE CHAIR: Is there objection to consideration of Senate Bill 888? Chair hears none, lays out Senate Bill 888. The clerk will read the bill.

THE THE CLERK: SB 888 by Corona. Relating to the authority of a regional transportation authority to create a local government corporation.

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

THE CHAIR: The question occurs on passage to third reading of the Senate Bill 888. Is there objection? Chair hears none. So ordered. Chair calls of Representative Thompson explain House Bill 900.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, members, this (inaudible) district and giving them authority imposed --

THE CHAIR: Is there objection to consideration of Senate Bill 900? Chair hears none Chair, lays out Senate Bill 900. The clerk will read the bill.

THE THE CLERK: SB 900 by Gallegos. Relating to the Aldine Improvement District; providing authority to impose a tax.

THE CHAIR: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill -- Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Thompson.

THE CHAIR: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: (Inaud ible) hold the elections.

THE CHAIR: Is there objection to adoption of the amendment? So ordered. The question occurs on passage to third reading of Senate Bill 900. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Eiland to explain Senate Bill 932.

REPRESENTATIVE CRAIG EILAND: This bill relates to the oyster bed shell recovery program.

THE CHAIR: Is there any objection to consideration of Senate Bill 932? Chair hears none, lays out Senate Bill 932. The clerk will read the bill.

THE THE CLERK: SB 932 by Williams. Relating to oyster beds and shells and an oyster shell recovery and replacement program.

THE CHAIR: Chair recognizes Representative Eiland.

REPRESENTATIVE CRAIG EILAND: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 932. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Lucio to explain Senate Bill 942.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hank you, Madam Speaker. There is an amendment, but 932 it relates to the Lakeway Regional Medical --

THE CHAIR: Is there objection to consideration of Senate Bill 942? Chair hears none, lays out Senate Bill 942. The clerk will read the bill.

THE THE CLERK: SB 942 by Watson. Relating to the creation and financing of the Lakeway Regional Medical Center Defined Area in Travis County Water Control and Improvement District No. 17; providing authority to impose a tax and issue bonds.

THE CHAIR: Chair recognizes Representative Lucio.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: M ove passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 942. Is there objection? Chair hears none. So ordered. Chair calls on Representative Harper Brown to explain House Bill 990. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. This will allow DART to provide for penalties in the HOV lanes.

THE CHAIR: Is there objection to consideration of Senate Bill 990? The Chair hears none. Chair lays out Senate Bill 9990. The clerk will read the bill.

THE THE CLERK: SB 990 by Corona. Relating to regulation of high occupancy vehicle lanes operated, managed, or maintained by a regional transportation authority; providing penalties.

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

THE CHAIR: Question occurs to passage to third reading on Senate Bill 990. Is there objection? Chair hears none. So ordered. You in the gallery, and I see a group of a school children, what we're doing here is what we call our Local and Consent calendar. It moves very quickly. It means that no one has objected to the bill in committee, and it's normally of a local nature, meaning to do with their area that they represent. So it just -- So we just wanted you to know what what's going on, because it does move very quickly. And welcome to your Texas House. Here comes another group of students. The Chair recognizes Representative Orr to explain Senate Bill 1008.

REPRESENTATIVE ROB ORR: Madam Speaker, this bill proposes to allow either a mortgage broker or a mortgage --

THE CHAIR: Is there objection to consideration of Senate Bill 1008? If not -- The Chair hears none, lays out Senate Bill 1008. The clerk will read the bill.

THE THE CLERK: SB 1008 by Corona. Relating to the composition of the Finance Commission of Texas.

THE CHAIR: Chair recognizes Representative Orr.

REPRESENTATIVE ROB ORR: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1008. The Chair -- Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Hamilton to explain Senate Bill 1065.

REPRESENTATIVE MIKE HAMILTON: This deals with the counsel for emergency management people of the CSIM.

THE CHAIR: Is there objection to consideration of House Bill -- of Senate Bill 1065? Chair hears none and lays out Senate Bill 1069. The clerk will read the bill.

THE THE CLERK: SB 1065 by Williams. Relating to critical incident stress management and crisis response services.

THE CHAIR: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Move passage.

THE CHAIR: The question occurs on passage of Senate Bill 1065 to third reading. Is there objection? Chair hears none. So ordered. Chair calls of Representative Harper Brown to explain Senate Bill 1100. REPRESENTATIVE LINDA HARPER-BROWN: Members , this is the naming of the Irving Diamond interchange.

THE CHAIR: Is there objection to consideration of Senate Bill 1100? Chair hears none and lays out Senate Bill 1100. The clerk will read the bill.

THE THE CLERK: SB 1100 by Shapiro. Relating to the designation of the Irving Diamond interchange.

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

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1100. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain Senate Bill 1132.

REPRESENTATIVE SENFRONIA THOMPSON: Madam Speaker, members, this is related to the water rights pre-addition by Texas --

THE CHAIR: Is there objection to consideration of Senate Bill 1132? Chair hears none and lays out Senate Bill 1132. The clerk will read the bill.

THE THE CLERK: SB 1132 by Hagar. Relating to the water rights permits issued to the Texas Water Development Board for the Allens Creek Reservoir.

THE CHAIR: Chair recognizes Chairman Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1132. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hartnett to explain Senate Bill 1147.

REPRESENTATIVE WILL HARNETT: Thank you, Madam Speaker. This is the state tune up of trust law.

THE CHAIR: Is there objection to consideration of Senate Bill 1197? Chair hears none and lays out Senate Bill 1197. The clerk will read the bill.

THE THE CLERK: SB 1197 Rodriguez. Relating to trust.

THE CHAIR: Chair recognizes Representative Hartnett.

REPRESENTATIVE WILL HARNETT: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 1197. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Coleman to -- Marquez to explain Senate Bill 1243.

REPRESENTATIVE MARISA MARQUEZ: This authorizes county officer and district attorneys and

(inaudible) criminal District Attorney tomorrow obtain coverage --

THE CHAIR: Is there objection to consideration of Senate Bill 1243? Chair hears none, lays out Senate Bill 1243. The clerk will read the bill.

THE THE CLERK: SB 1243 by West. Relating to the use of a county risk management pool by certain county and district officers instead of the execution of bonds and to the authority of certain counties and intergovernmental pools to require reimbursement for punitive damage coverage.

THE CHAIR: Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: I move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1243. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Martinez for an introduction.

REPRESENTATIVE ARMANDO MARTINEZ: Thank you Madam Speaker. Members, today we have a wonderful group from Gonzales Elementary in West. Students, can you please stand up? Shelly (inaudible) is our student sponsor, and we have Brian, Catherine, Stefani, Jadey, Cody, Daniel, Peter, Tristan, Daniel, Susie, Melanie, Kayla, Carla, Jonathan and Jasmine, Natalie, Isabel and Jeanell. Thank you very much and welcome to your capitol.

THE CHAIR: And, just for your benefit, and the other school group, we're going very quickly right now because this is a local and consent calendar. So it means that the bills are pretty -- they're either of local nature in the members' districts, or they went through committee without any objection. So this one moves very quickly. The Chair lays -- or calls on or Representative Taylor of a Galveston to explain Senate Bill 1291.

REPRESENTATIVE LARRY TAYLOR: Thank you Madam Speaker. SB 1291 authorizes the Texas Department of --

THE CHAIR: Is there objection to consideration of Senate Bill 1291? Chair hears none, lays out Senate Bill 1291. The clerk will read the bill.

THE THE CLERK: SB 1291 by Hegar. Relating to the budget of certain divisions of the Texas Department of Insurance.

THE CHAIR: Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1291. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Gonzales of Hidalgo to explain Senate Bill 1320. Chair recognizes Chairman Thomas to explain the bill.

REPRESENTATIVE SENFRONIA THOMPSON: She's on -- Are you going make the (inaudible) bill? Madam Speaker and members, this bill is going to be withdrawn until the next calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Otto to explain Senate Bill 1378.

REPRESENTATIVE JOHN OTTO: Thank you Madam Speaker. This bill authorizes the Alabama-Coushatta Indian Tribe to commission a police force.

THE CHAIR: Is there objection to consideration of Senate Bill 1378?

REPRESENTATIVE HAROLD DUTTON: Madam Speaker?

THE CHAIR: For what purpose, Mr. Dutton?

REPRESENTATIVE HAROLD DUTTON: Would the gentleman yield for a question?

THE CHAIR: Do you yield, Mr. Otto?

REPRESENTATIVE HAROLD DUTTON: Thank you. Tell me what specifically, what authority we're giving to the Alabama-Coushatta Indian Tribe?

REPRESENTATIVE JOHN OTTO: We're giving the tribe the authority to commission a police force that will serve them on tribal lands.

REPRESENTATIVE HAROLD DUTTON: And will they be limited only to tribal lands?

REPRESENTATIVE JOHN OTTO: They will have the full authority of a police force on tribal lands. They will also have memorandums of understanding with both the Tyler County Sheriff and the Polk County Sheriff.

REPRESENTATIVE HAROLD DUTTON: And who -- How will they -- Will they select their own peace officers?

REPRESENTATIVE JOHN OTTO: They will. And they will go through the same training that any police officer goes through.

REPRESENTATIVE HAROLD DUTTON: And they'll be licensed by Tcoats?

REPRESENTATIVE JOHN OTTO: Yes, they will.

REPRESENTATIVE HAROLD DUTTON: All right. Tell Senator Nichols I'll let this one go.

REPRESENTATIVE JOHN OTTO: I will tell him.

REPRESENTATIVE HAROLD DUTTON: Thank you.

THE CHAIR: Is there objection to consideration of Senate Bill 1378? The Chair hears none and lays out Senate Bill 1378. The clerk will read the bill.

THE THE CLERK: SB 1378 by Nichols. Relating to the authority of the Alabama-Coushatta Indian Tribe to commission peace officers.

THE CHAIR: Chair recognizes Representative Otto.

REPRESENTATIVE JOHN OTTO: Move passage.

THE CHAIR: Is there any objection to the passage to third reading of Senate Bill 1378? Is there objection? The Chair hears none. So ordered. Chair calls on Representative Guillen to explain Senate Bill 1518.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, Senate Bill 1518 moves statutory 30 from the Parks and Wildlife Code --

THE CHAIR: Is there objection to consideration of Senate Bill 1518? Chair hears none and lays out Senate Bill 1518. The clerk will read the bill.

THE THE CLERK: SB 1518 by Eltife. Relating to the powers and duties of the Texas Historical Commission; imposing a penalty.

THE CHAIR: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1518. Is there objection? Chair hears none. So ordered. Chair calls on Representative Larson. Representative Larson moves to move Senate Bill 1543 to the next calendar, Local and Consent calendar. Is there objection --

REPRESENTATIVE HAROLD DUTTON: Yes, but I'll wait.

THE CHAIR: Mr. Dutton, for what purpose?

REPRESENTATIVE HAROLD DUTTON: I had an objection to moving it, except to the dead pile.

THE CHAIR: Mr. Dutton, the bill has not been laid out, so it actually wasn't before us, so it's been asked to be moved to the next calendar.

REPRESENTATIVE HAROLD DUTTON: I'll be here when the next calendar comes.

THE CHAIR: Thank you, Mr. Dutton. I am sure we can count on you. The Chair recognizes Representative Craddick to explain Senate Bill 1618.

REPRESENTATIVE TOM CRADDICK: Mr. Speaker members, this bill is requires the state agencies --

THE CHAIR: Is there objection to consideration of Senate Bill 1618? Chair hears none and lays out Senate Bill 1618. The clerk will read the bill.

THE THE CLERK: SB 1618 by Seliger. Relating to reporting requirements of state agencies and school districts.

THE CHAIR: Chair recognizes Representative Craddick.

REPRESENTATIVE TOM CRADDICK: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 1618. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Fletcher to explain Senate Bill 1630.

REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker, members, this amendment relates to regulation of residential appliance installation.

THE CHAIR: Is there objection to consideration of Senate Bill 1630? Chair hears none, lays out Senate Bill 1630. The clerk will read the bill.

THE THE CLERK: SB 1630 by Birdwell. Relating to the regulation of residential appliance installation, including pool-related electrical devices, under the Texas Electrical Safety and Licensing Act.

THE CHAIR: Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1630. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Farias to explain Senate Bill 1635.

REPRESENTATIVE JOE FARIAS: Madam Chair, members, 1635 relates to the contributions to the funds for veterans --

THE CHAIR: Is there objection to consideration of Senate Bill 1635? Chair hears none, lays out Senate Bill 1635. The clerk will read the bill.

THE THE CLERK: SB 1635 by Davis. Relating to contributions to the fund for veterans' assistance.

THE CHAIR: Chair recognizes Representative Farias.

REPRESENTATIVE JOE FARIAS: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1635. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Lucio for a motion.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hank you, Madam Speaker. I move to reconsider the vote by which SB 942 was passed. We need to add an amendment.

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

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I move to postpone this bill to tomorrow's Local and Consent calendar. Thank you.

THE CHAIR: To the next --

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: E xcuse me, to the next.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Scott to explain Senate Bill 1661.

REPRESENTATIVE CONNIE SCOTT: Members, this is relating to the regulation of health organizations certified by the Texas Medical Board.

THE CHAIR: Is there objection to consideration of the Senate Bill 1661? Chair hears none and lays out Senate Bill 1661. The clerk will read the bill.

THE THE CLERK: SB 1661 by Duncan. Relating to the regulation of health organizations certified by the Texas Medical Board; imposing an administrative penalty.

THE CHAIR: Chair recognizes Representative Scott.

REPRESENTATIVE CONNIE SCOTT: Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1661. Is there objection? Chair hears none. So ordered. Chair calls on a Representative Turner to explain Senate Bill 1662.

REPRESENTATIVE SYLVESTER TURNER: Thank you, Madam Speaker. It's relating to the payment of cost of (inaudible) --

THE CHAIR: Is there objection to consideration of the Senate Bill --

REPRESENTATIVE RANDY WEBER: Madam Speaker?

THE CHAIR: For what purpose?

REPRESENTATIVE RANDY WEBER: Will the gentleman yield for some questions?

THE CHAIR: Do you yield, Mr. Turner?

REPRESENTATIVE SYLVESTER TURNER: Yes I will.

THE CHAIR: Gentleman yields.

REPRESENTATIVE RANDY WEBER: Sylvester, can you tell us what this bill does?

REPRESENTATIVE SYLVESTER TURNER: There was some question as to whether or not some costs could be used by the comptroller. This just clarifies to the comptroller these fees can be used by the university.

REPRESENTATIVE RANDY WEBER: According to this, my research, this allows state money to be used for nonemployee travel; is that to reimburse for nonemployee travel?

REPRESENTATIVE SYLVESTER TURNER: It's access to students of Prairie View have a retention rate and essentially what this does, is there was some question as to whether or not these dollars could be actually be used by the comptroller. This is just a technical clarification that they can, in fact, be used. That's my understanding of what it does.

REPRESENTATIVE RANDY WEBER: Madam Speaker, I'm having trouble hearing.

THE CHAIR: Members, could we have a little order please? It's very difficult for the members who are trying to have a conversation.

REPRESENTATIVE SYLVESTER TURNER: In 2009 a Texas comptroller reversed (inaudible) and stated that the (inaudible) does not have statutory authority to make travel related payments for nonemployees and students using state appropriated funds. In addition the comptroller recommended to the university to seek statutory authority from the legislature to give the university approval to use such fund. And Senate Bill 1662 gives such approval to Prairie View A&M University to (inaudible) give authority to use revenue appropriated to the institution this (inaudible) from available funds for the support and development of this programs.

REPRESENTATIVE RANDY WEBER: Okay. Can you tell me why we would want to allow state dollars to be used to pay for nonemployee travel?

REPRESENTATIVE SYLVESTER TURNER: Well, it's -- the dollars are specifically for this university, that was just a question as to whether or not they could actually be used for it. As far as I'm aware of, Representative Weber, it's just a technical clarification that the comptroller wanted the university to see.

REPRESENTATIVE RANDY WEBER: Well, it sounds like the comptroller wanted to previously rule that they could not be used for nonemployee travel, and they're coming to the legislature for us to approve using state funds for nonemployee comp -- to reimburse for nonemployee travel. Is that your understanding?

REPRESENTATIVE SYLVESTER TURNER: That's could be the case. I'm not aware of anybody objecting to it at all along the way, Representative Weber.

REPRESENTATIVE RANDY WEBER: Well, it sounds to me like --

REPRESENTATIVE SYLVESTER TURNER: And I think we're dealing with a relatively small, a relatively small amount.

REPRESENTATIVE RANDY WEBER: I'm sorry, I didn't hear the last (inaudible).

REPRESENTATIVE SYLVESTER TURNER: I think we're dealing with a relatively small amount.

REPRESENTATIVE RANDY WEBER: Well, I understand that. But isn't it a fact that if we let one university do it then, in turn, there many very well be more universities lining up to do it?

REPRESENTATIVE SYLVESTER TURNER: I don't think anyone put forth that suggestion or made that state or that argument was ever made throughout the process.

REPRESENTATIVE RANDY WEBER: Well, I think it's bad public policy for us to take state dollars and allow universities to reimburse for travel for nonemployees.

THE CHAIR: Members, is there objection to consideration of Senate Bill --

REPRESENTATIVE RANDY WEBER: Yes, ma'am there is.

THE CHAIR: Members? Or do you intend to -- Chair recognizes Representative Turner for a motion.

REPRESENTATIVE SYLVESTER TURNER: I will move that this bill, Senate Bill 1662, be placed at the end of today's calendar.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Mallory Carraway for a recognition.

REPRESENTATIVE BARBARA CARAWAY: Thank you, Madam Speaker and members of the House. I'd like to take this time to welcome the People Empowerment Project and Macon Elementary schools of -- they're over in the north gallery. If you would just raise your hands -- or stand. Welcome to your Texas House, along with Lucille Hickman who is their executive director. We're glad to have your here. Thank you.

THE CHAIR: Chair recognizes Representative Smith of Harris for a motion.

REPRESENTATIVE WAYNE SMITH: Members, I'd like to move that we suspend all rules to allow an additional designation of Representative Naishtat as sponsor to Senate Bill 329.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Pickett to explain Senate Bill 1739.

REPRESENTATIVE JOE PICKETT: This secures veterans assistance funds.

THE CHAIR: Is there objection to consideration of Senate Bill 1739? Chair hears none, lays out Senate Bill 1739. The clerk will read the bill.

THE THE CLERK: SB 1739 by Davis. Relating to the use of the fund for veterans' assistance.

THE CHAIR: Chair recognizes Representative Pickett.

REPRESENTATIVE JOE PICKETT: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 1739. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Anchia for an introduction.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker, members, I'd like to take a moment to recognize a group of third, fourth and fifth grade students from CF Carr Elementary School in Eric Johnston's district, 100. Representative Johnston is out sick today, but he asked me to introduce this group visiting from his school, where he was once a student. I would ask these students to please stand up and ask that members, help me welcome them to their Texas House.

THE CHAIR: The Chair recognizes Representative Scott to explain Senate Concurrent Resolution 5.

REPRESENTATIVE CONNIE SCOTT: Members, this is requesting the Lieutenant Governor and Speaker of House provide a joint interim study for the development of potential economic impact of the cruise industry.

THE CHAIR: Is there objection to consideration of SCR 5? Chair hears none. So ordered. Back up. Excuse me. Chair lays out Senate Concurrent Resolution 5. The clerk will read the resolution.

THE THE CLERK: SCR 5 by Hinojosa. Requesting the lieutenant governor and the speaker of the house of representatives to provide for a joint interim legislative study regarding the development and potential economic impact of a cruise industry on the Texas coast between Calhoun and Cameron Counties.

THE CHAIR: Chair recognizes Representative Scott.

REPRESENTATIVE CONNIE SCOTT: Move passage.

THE CHAIR: Question occurs on passage to third reading of SCR 5. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative McClendon to explain Senate Concurrent Resolution 10.

REPRESENTATIVE RUTH JONES MCCLENDON: This SCR designates February 21st through 27th of each year of 2011 to 2021 as Barbara Jordan Freedom Week.

THE CHAIR: Is there objection to consideration of SCR 10? Chair hears none and lays out SCR 10. The clerk will read the bill.

THE THE CLERK: SCR 10 by Ellis. Designating February 21 through 27 of each year from 2011 through 2020 as Barbara Jordan Freedom Week.

THE CHAIR: Chair recognizes Representative McClendon.

REPRESENTATIVE RUTH JONES MCCLENDON: Move adoption.

THE CHAIR: The question occurs on passage to third reading of SCR 10. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Kuempel to explain Senate Concurrent Resolution 18.

REPRESENTATIVE JOHN KUEMPEL: Thank you Madam Speaker. Members, SCR 18 designates a portion of the City of Gonzales as an official history museum district.

THE CHAIR: Is there objection to consideration of SCR 18? Chair hears none, lays out Senate Concurrent Resolution 18. The clerk will read the bill.

THE THE CLERK: SCR 18 by Hager. Designating a portion of the city of Gonzales as the official Texas History Museum District.

THE CHAIR: Chair recognizes Representative Kuempel.

REPRESENTATIVE JOHN KUEMPEL: Move passage.

THE CHAIR: The question occurs on passage to third reading of SCR 18. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hochberg to explain Senate Concurrent Resolution 29.

REPRESENTATIVE SCOTT HOCHBERG: Thank you Madam Speaker. Members, this resolution designates the month of April as Genocide Awareness and Prevention Month.

THE CHAIR: Is there objection to consideration of SCR 39? Chair hears none and lays out SCR 39. The clerk will read the bill.

THE THE CLERK: SCR 39 by Shapiro. Designating the month of April each year from 2011 through 2020 as Genocide Awareness and Prevention Month.

THE CHAIR: Question occurs on -- The Chair recognizes Representative Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Move passage.

THE CHAIR: The question occurs on passage to third reading of SCR 39. Is there objection? Chair hears none. So ordered. The Chair announces the following on the first reading and referral.

THE THE CLERK: SB 329 by Watson. Relating to the sale, recovery, and recycling of certain television equipment; providing administrative penalties. SB 1021 by Rodriguez. Relating to certain examination requirements for physicians. SB 1358 by Lucio. Relating to electronically transmitting a warrant for emergency detention. SB 1724 by Zaffrini. Relating to conditions on the receipt of tuition and fee exemptions at public institutions of higher education. SB 1807 by Lucio. Relating to the composition of the 444th Judicial District. SB 1913 by Watson. Relating to the creation of the Southeast Travis County Municipal Utility District No. 1; providing authority to impose a tax and issue bonds. SB 1914 by Watson. Relating to the creation of the Southeast Travis County Municipal Utility District No. 2; providing authority to impose a tax and issue bonds. SB 1915 by Watson. Relating to the creation of the Southeast Travis County Municipal Utility District No. 3; providing authority to impose a tax and issue bonds. SB 1960 by -- SB 1925 by Eltife. Relating to the designation of a portion of U.S. Highway 271 as the Sergeant Jay M. Hoskins Memorial Highway.

THE CHAIR: Members, the Senate Companion to House Bill 425 is over and eligible. Accordingly, the Chair lays out Senate Bill 234. The clerk will read the bill.

THE THE CLERK: SB 234 by Deuell. Relating to the creation of the Rowlett Downtown Management District; providing authority to impose a tax, levy an assessment, and issue bonds.

THE CHAIR: Chair recognizes Representative Driver.

REPRESENTATIVE JOE DRIVER: Move passage.

THE CHAIR: Senate Bill -- The question occurs on passage to third reading of Senate Bill 234. Is there objection? Chair hears none. So ordered. Senator Driver moves to lay House Bill 425 on the table subject to call. Is there objection? Chair hears none. So ordered. Members, the Senate companion to House Bill 426 is over and eligible. Accordingly, the Chair lays out Senate Bill 233. The clerk will read the bill.

THE THE CLERK: SB 233 by Duelle. Relating to the creation of the Rowlett Pecan Grove Management District; providing authority to impose a tax, levy an assessment, and issue bonds.

THE CHAIR: Chair recognizes Representative Driver.

REPRESENTATIVE JOE DRIVER: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 233. Is there objection? Chair hears none. So ordered. Representative Driver moves to lay House Bill 426 on table subject to call. Is there objection? Chair hears none. So ordered. Members, the Senate Companion to House Bill 851 is over and eligible. Accordingly, the Chair lays out Senate Bill 490. The clerk will read the bill.

THE THE CLERK: SB 490 by Fraser. Relating to the Hamilton County Hospital District.

THE CHAIR: Chair recognizes Representative Miller of Erath.

REPRESENTATIVE SID MILLER: Madam Speaker, members, this is a local hospital district bill. Move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 490. Is there objection? Chair hears none. So ordered. Representative Miller of Erath moves to lay House Bill 851 on the table subject to call. Is there objection? Chair hears none. So ordered. Members, the Senate Companion to House Bill 6263 is over and eligible. Accordingly, the Chair lays out Senate Bill 1184. The clerk will read the bill.

THE THE CLERK: SB 1184 by Nicols. Relating to the creation of the Timber Springs Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds.

THE CHAIR: Chair recognizes Representative Christian.

REPRESENTATIVE WAYNE CHRISTIAN: Thank you Madam Speaker. I move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 1184. Is there objection? Chair hears none. So ordered. Representative Christian moves to lay House Bill 863 on table subject to call. Is there objection? Chair hears none. So ordered. Members, the Senate Companion to House Bill 1271 is over and eligible. Accordingly, the Chair lays out Senate Bill 580. The clerk will read the bill.

THE THE CLERK: SB 580 by Hegar. Relating to community assistance and economic development program activities of the Lavaca-Navidad River Authority.

THE CHAIR: Is there objection to consideration of Senate Bill 580? The Chair hears none. So ordered. And -- Representative Morse.

REPRESENTATIVE GEANIE MORRISON: Senate Bill 580 is enabling legislation, allows them to adopt economic development --

THE CHAIR: Is there objection to consideration of Senate Bill 580? Chair hears none and flouts Senate Bill 580. Question occurs on passage to third reading of Senate Bill 580. Is there objection? Chair hears none. So ordered. Representative Morrison moves lay House Bill 1271 to the table subject to call. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Flynn to explain House Bill 1690.

REPRESENTATIVE DAN FLYNN: The City of Greenville needs to change a law for accommodation of their --

THE CHAIR: Is there objection to consideration of House Bill 1690? Chair hears none, lays out House Bill 1690. The clerk will read the bill.

THE THE CLERK: HB 1690 by Flynn. Relating to the use of municipal hotel occupancy tax revenue to enhance and upgrade sports facilities in certain municipalities.

THE CHAIR: Chair recognizes Representative Flynn.

REPRESENTATIVE DAN FLYNN: I move passage.

THE CHAIR: Question occurs on passage to third reading of House Bill 1690. Is there objection? Chair hears none. So ordered. The Chair calls on Representative Cain to explain House Bill 1693.

REPRESENTATIVE ERWIN CAIN: Madam Speaker, members, this relates to the jurisdiction of county court of law in Lamar County.

THE CHAIR: Is there objection to consideration of House Bill 1693? Chair hears none, lays out House Bill 1693. The clerk will read the bill.

THE THE CLERK: HB 1693 by Cain. Relating to the jurisdiction of, civil fees assessed by, and the administration of the county court at law of Lamar County.

THE CHAIR: Chair recognizes Representative Cain.

REPRESENTATIVE ERWIN CAIN: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 1693. Is there objection? Chair hears none. So ordered. Members, the Senate companion to house Bill 29 is over and eligible. Accordingly, the Chair lays out Senate Bill 821. The clerk will read the bill.

THE THE CLERK: SB 821 by Watson. Relating to the authority of the Travis County Healthcare District to make capital or financial contributions to certain public institutions or charitable organizations.

THE CHAIR: Chair recognizes Representative Naishtat. Naishtat? Members, Representative Naishtat -- let's back up, members. Members, the Chair lays out House Bill 2967. The clerk will read the bill.

THE THE CLERK: HB 2967 by Naishtat. Relating to the authority of the Travis County Healthcare District to make capital or financial contributions to certain public institutions or charitable organizations.

THE CHAIR: Members, Representative Naishtat withdraws House Bill 2967 from the calendar. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Workman top explain House Bill 3743.

REPRESENTATIVE PAUL WORKMAN: Members, this gives the MUD in my area the ability to repair roads and to bid on the water system for --

THE CHAIR: Is there objection to consideration of House Bill 3743? Chair hears none, Chair lays out House Bill 3743. The clerk will read the bill.

THE THE CLERK: HB 3743 by Workman. Relating to the rights, powers, functions, and duties of the West Travis County Municipal Utility District No. 5.

THE CHAIR: Chair recognizes Representative Workman.

REPRESENTATIVE PAUL WORKMAN: Move passage.

THE CHAIR: Question occurs on passage to third reading of House Bill 3743. Is there objection? Chair hears none. So ordered. Chair -- Members, the Senate Companion to House Bill 3805 is over and eligible. Accordingly, the Chair lays out Senate Bill 1895. The clerk will read the bill.

THE THE CLERK: SB 1895 by Hager. Relating to director elections and powers of the Texana Groundwater Conservation District.

THE CHAIR: Chair recognizes Representative Morrison.

REPRESENTATIVE GEANIE MORRISON: Thank you, Madam Speaker. Senate Bill 1895 changes the election date of the directors of the Texas Groundwaters Conservation District to the uniform election date.

THE CHAIR: Members, the question occurs on passage of Senate Bill 1895 to third reading. Is there objection? Chair hears none. So ordered. Representative Morrison moves to lay House Bill 3805 on the table subject to call. Is there objection? Chair hears none. So ordered. Members, the Senate Companion to House Bill 3810 is over and eligible. Accordingly, the Chair lays out Senate Bill 1882. The clerk will read the bill.

THE THE CLERK: SB 1882 by Patrick. Relating to the creation of Harris County Improvement District No. 22; providing authority to levy an assessment, impose a tax, and issue bonds.

THE CHAIR: The Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Madam Speaker, members, this is a local bill creating improvement district No. 22.

THE CHAIR: Members, the question occurs on passage to third reading of Senate Bill 1882. Is there objection? Chair hears none. So ordered. Representative Fletcher moves to lay House Bill 3810 on the table subject to call. Is there objection? Chair hears none. So ordered. Mr. Gooden? Chair calls on Representative -- the Chair recognizes Mr. Gooden to explain House Bill 3843 -- 48 -- 3848.

REPRESENTATIVE LANCE GOODEN: Members, this is a local bill on the Henderson County relating to the Lakeview Management --

THE CHAIR: Is there objection to consideration of House Bill 3848? Chair hears none and lays out House Bill 3848. The clerk will read the bill.

THE THE CLERK: HB 3848 by Gooden. Relating to compensation for services and reimbursement for expenses of a member of the board of directors of the Lake View Management and Development District.

THE CHAIR: Chair recognizes Representative Gooden.

REPRESENTATIVE LANCE GOODEN: Move passage.

THE CHAIR: Is there objection to consideration -- Excuse me. The question occurs on passage to third reading of House Bill 3848. Is there objection? Chair hears none. So ordered. Members, the Senate Companion to House Bill 3810 is over and eligible. Accordingly, Chair lays out Senate Bill 1882. The clerk will read the bill.

THE THE CLERK: SB 1882 by Patrick. Relating to the creation of Harris County Improvement District No. 22; providing authority to levy an assessment, impose a tax, and issue bonds.

THE CHAIR: Chair recognizes Representative Fletcher. Members, the Senate Companion to House Bill 360 is over and eligible. Accordingly, the Chair lays out Senate Bill 1922. The clerk will read the bill.

THE THE CLERK: SB 1922 by Lucio. Relating to the creation of the Port Isabel Improvement District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

THE CHAIR: The Chair recognizes Representative Pepito to explain the --

REPRESENTATIVE J. M. LOZANO: Thank you, Madam Chair. Move passage.

THE CHAIR: Representative Lozano moves for passage of Senate Bill 1922. The question occurs on passage of Senate Bill 1922. The clerk will -- To third reading of Senate Bill 1922. Is there objection? Chair hears none. So ordered. Representative Olivera moves to lay House Bill 3860 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gooden explain House Bill 3864.

REPRESENTATIVE LANCE GOODEN: Members, this is a local Henderson County bill that creates the

(inaudible) district No. 1.

THE CHAIR: Is there objection to consideration of House Bill 3864? Chair hears none and lays out House Bill 3864. The clerk will read the bill.

THE THE CLERK: HB 3864 by Gooden. Relating to the creation of the Lazy W District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

THE CHAIR: Chair recognizes Representative Gooden.

REPRESENTATIVE LANCE GOODEN: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 3864. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Isaac to explain House Bill 3865.

REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. Members, House Bill 3865 makes changes to the operation of the --

THE CHAIR: Is there objection to consideration of House Bill 3865? The clerk will read the bill.

THE THE CLERK: HB 3865 by Isaac. Relating to the Hays Trinity Groundwater Conservation District.

THE CHAIR: Chair recognizes Representative Isaac.

REPRESENTATIVE JASON ISAAC: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 3865. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Miller of Comal to explain House Bill 3866.

REPRESENTATIVE DOUG MILLER: Members, this is moving the directors election of Hill County Water Conservation District from May to November.

THE CHAIR: Is there objection to consideration of House Bill 3866? Chair hears none, lays out HB 3866. The clerk will read the bill.

THE THE CLERK: HB 3866 by Miller. Relating to the date for the election of directors of the Hill Country Underground Water Conservation District.

THE CHAIR: Chair recognizes Representative Miller of Comal.

REPRESENTATIVE DOUG MILLER: Move passage.

THE CHAIR: The question occurs on passage to third reading of House Bill 3866. Is there objection? Chair hears none. So ordered. Chair calls on Representative Martinez Fischer to explain House Concurrent Resolution 71.

REPRESENTATIVE FISCHER MARTINEZ: Thank you, Madam Speaker. Members, this is the HCR to confer the Texas Legislative (inaudible) designee to

(inaudible) --

THE CHAIR: Is there objection to consideration of HCR 71? Chair hears none, lays out HCR 71. The clerk will read the bill.

THE THE CLERK: HCR 71 by Martinez Fischer. Conferring the Texas Legislative Medal of Honor on U.S. Marine Corporal Roy Cisneros of San Antonio.

THE CHAIR: Chair recognizes Representative Martinez Fischer.

REPRESENTATIVE FISCHER MARTINEZ: Thank you, Madam Speaker. Move passage.

THE CHAIR: The question occurs on passage to third reading of HCR 71. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Torres to explain SCR124.

REPRESENTATIVE RAUL TORRES: Madam Speaker, members, this bill designates September 15th to October 15th --

THE CHAIR: Is there objection to consideration of HCR 124? The Chair hears none, lays out HCR 124. The clerk will read the bill.

THE THE CLERK: HCR 124 by Torres. Designating September 15 to October 15 as Latino Texan Month for a 10-year period beginning in 2011.

THE CHAIR: Chair recognizes Representative Torres.

REPRESENTATIVE RAUL TORRES: Move passage.

THE CHAIR: Question occurs on passage to third reading of HCR 124. Is there objection? Chair hears none. So ordered. Chair calls on Representative Parker to explain HCR 144.

REPRESENTATIVE TAN PARKER: Thank you, Madam Speaker, members. House Concurrent Resolution will honor and celebrate the half a million Italian Americans who have chosen Texas as their home, by designating June 2nd as Italian Heritage Day.

THE CHAIR: Is there objection to consideration of HCR 144? The Chair hears none and lays out HCR 144. The clerk will read the bill.

THE THE CLERK: HCR 144 by Parker. Designating June 2 as Italian Heritage Day for a 10-year period, beginning in 2011.

THE CHAIR: Chair recognizes Representative Parker.

REPRESENTATIVE TAN PARKER: Move passage.

THE CHAIR: Question occurs on passage to third reading of HCR 144. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Branch to explain Senate Bill 27.

REPRESENTATIVE DAN BRANCH: Thank you, Madam Speaker. Members, this is the bill regarding anaphylaxis school guidelines.

THE CHAIR: Is there objection to consideration of Senate Bill 27? Chair hears none. The Chair lays out the bill.

THE THE CLERK: SB 27 by Zaffrini. Relating to policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.

THE CHAIR: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Move passage.

THE CHAIR: Question occurs on passage to third reading of Senate Bill 27. Is there objection? Chair hears none. So ordered. The Chair -- the Chair lays out Chair recognizes or lays out Senate Bill 166 and recognizes Representative Madden to explain the bill.

REPRESENTATIVE JERRY MADDEN: Members, this is the bill we talked about earlier, about the

(inaudible) violence sex offender management.

THE CHAIR: Is there objection to passage of Senate Bill 166 to third reading? Chair hears none, lays out House Bill 166. The clerk will read the bill.

THE THE CLERK: SB 166 by Shapiro. Relating to the sex offender civil commitment program and to the creation of a state agency to perform the functions relating to the sex offender civil commitment program that are currently performed by the Council on Sex Offender Treatment.

THE CHAIR: Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Madden.

THE CHAIR: Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: Madam Speaker, members, the amendment allows them to do the administrative work and (inaudible).

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

REPRESENTATIVE JERRY MADDEN: I move passage.

THE CHAIR: The question occurs on passage to third reading of Senate Bill 166. Is there objection? Chair hears none. So ordered. The Chair lays out as a matter of postponed business, senate Bill 1662 and the clerk will read the bill.

THE THE CLERK: SB 1662 by West. Relating to the payment of costs associated with certain educational programs of Prairie View A&M University.

THE CHAIR: Chair recognizes Representative Turner.

REPRESENTATIVE SYLVESTER TURNER: Thank you, Madam Speaker. I move to me postpone Senate Bill 1662 to a time certain, tomorrow, May 20th, at 8:00 a.m.

THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, in order to get these bills over to the Senate as quickly as possible I'm going to move to suspend the Constitutional Rule requiring bills to be read on three several days to allow the House to take up and consider the entire Local and Consent calendar, on third reading. Right now. Is there objection? It requires a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? There being a 144 ayes, 2 nays, 1 present no voting; the motion prevails. Members, the House is going to stand at ease for two minutes while we do a little housekeeping.

(The House stands at ease).

THE CHAIR: Members, Representative Thompson moves to suspend all necessary rules to consider the Local and Consent Calendar bills on third reading. Is there objection? Chair hears none. So ordered. Representative Thompson asks unanimous consent to use the vote on the first recorded vote of all bills that require a record vote, with the understanding that a member may record a vote on any bill with the Journal Clerk. Is there any objection? Chair hears none. So ordered. The Chair lays out Senate Bill 61. The clerk will read the bill.

THE THE CLERK: SB 61 by Zaffrini. Relating to minimum standards for juvenile case managers.

THE CHAIR: Chair recognizes representative Walle. Chair recognizes Representative Thompson.

REPRESENTATIVE ARMANDO WALLE: Move passage.

THE CHAIR: The question occurs on final passage of Senate Bill 61. Is there objection? Chair hears none -- Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 148 ayes, 0 nays; Senate Bill 61 is finally passed. The Chair lays out the following bills on third reading and final passage, as well as SCR 5, SCR 10, SCR 18, SCR 39, HCR 71, HCR 121, HCR 144.

THE THE CLERK: SB 82 by Nelson. Relating to the prosecution of the offense of stalking. SB 101 by Van de Putte. Relating to the regulation of nonjudicial foreclosure on residences owned by certain members of the military, including foreclosure by a property owners' association. SB 116 by Uresti. Relating to protective orders against dating violence. SB 179 by Estes. Relating to the service area of the North Central Texas College District. SB 191 by Nelson. Relating to disposition of a contested case by the Texas Medical Board. SB 199 by West. Relating to agricultural projects in certain schools, including the eligibility of nonprofit organizations that partner with schools to receive grants. SB 227 by Nelson. Relating to the nondisciplinary resolution of certain complaints filed against physicians. SB 250 by West. Relating to minimum training standards for certain child care facilities. SB 283 by Harris. Relating to the appointment of associate judges in self-protective services cases. SB 324 by Johnson. Relating to the course levels offered by the University of Houston-Clear Lake. SB 329 by Watson. Relating to the sale, recovery, and recycling of certain television equipment; providing administrative penalties. SB 73 by Duncan. Relating to the office of county treasurer. SB 412 by West. Relating to payment of costs of improvements of a public improvement district designated by a municipality or county. SB 433 by Nelson. Relating to an exception to disclosure under the public information law concerning officers and employees of a hospital district. SB 485 by Huffman. Relating to proper venue for certain criminal prosecutions of mortgage fraud. SB 493 by Fraser. Relating to the idling of motor vehicles. SB 499 by Jackson. Relating to the identification of breeder deer by microchips. SB 508 by Lucio. Relating to the extent of extraterritorial jurisdiction of certain less populous municipalities located on a barrier island. SB 510 by Van de Putte. Relating to a voluntary statewide diabetes mellitus registry. SB 524 by Hegar. Relating to the issuance of certain permits for the movement of oversize or overweight vehicles. SB 579 by Hegar. Relating to the total benefit amount under a prepaid funeral contract. SB 613 by Rodriguez. Relating to educational requirements for licensing as a speech-language pathologist or audiologist. SB 633 by Hinojosa. Relating to the educational scope of Texas A&M University--Corpus Christi. SB 639 by Van de Putte. Relating to tuition and fee exemptions at public institutions of higher education for certain military personnel, veterans, and dependents residing in this state. SB 747 by Carona. Relating to the professions regulated by the Texas Real Estate Commission. SB 768 by Watson. Relating to the creation of the Rio de Vida Municipal Utility District No. 1; providing authority to impose a tax and issue bonds. SB 778 by Williams. Relating to the inclusion of professional staff who educate students with disabilities on district-level and campus-level planning and decision-making committees. SB 866 by Deuell. Relating to the education of public school students with dyslexia, the education and training of educators who teach students with dyslexia, and the assessment of students with dyslexia attending an institution of higher education. SB 880 by Whitmire. Relating to the operation of pretrial intervention and certain other programs by a community supervision and corrections department. SB 888 by Carona. Relating to the authority of a regional transportation authority to create a local government corporation. SB 900 by Gallegos. Relating to the Aldine Improvement District; providing authority to impose a tax. SB 932 by Williams. Relating to oyster beds and shells and an oyster shell recovery and replacement program. SB 942 by Watson. Relating to the creation and financing of the Lakeway Regional Medical Center Defined Area in Travis County Water Control and Improvement District No. 17; providing authority to impose a tax and issue bonds. SB 990 by Carona. Relating to regulation of high occupancy vehicle lanes operated, managed, or maintained by a regional transportation authority; providing penalties. SB 1008 by Carona. Relating to the composition of the Finance Commission of Texas. SB 1065 by Williams. Relating to critical incident stress management and crisis response services. SB 1100 by Shapiro. Relating to the designation of the Irving Diamond Interchange. SB 1132 by Hegar. Relating to the water rights permits issued to the Texas Water Development Board for the Allens Creek Reservoir. SB 1197 by Rodriguez. Relating to trusts. SB 1243 by West. Relating to the use of a county risk management pool by certain county and district officers instead of the execution of bonds and to the authority of certain counties and intergovernmental pools to require reimbursement for punitive damage coverage. SB 1291 by Hegar. Relating to the budget of certain divisions of the Texas Department of Insurance. SB 1320 by Lucio. Relating to the execution of deeds conveying residential real estate in connection with certain transactions involving residential real estate. SB 1378 by Nichols. Relating to the authority of the Alabama-Coushatta Indian Tribe to commission peace officers. SB 1518 by Eltife. Relating to the powers and duties of the Texas Historical Commission; imposing a penalty. SB 1543 by Wentworth. Relating to the authority of an independent school district to invest in corporate bonds. SB 1618 by Seliger. Relating to reporting requirements of state agencies and school districts. SB 1630 by Birdwell. Relating to the regulation of residential appliance installation, including pool-related electrical devices, under the Texas Electrical Safety and Licensing Act. SB 1635 by Davis. Relating to contributions to the fund for veterans' assistance. SB 1661 by Duncan. Relating to the regulation of health organizations certified by the Texas Medical Board; imposing an administrative penalty. SB 1662 by West. Relating to the payment of costs associated with certain educational programs of Prairie View A&M University. SB 1739 by Davis. Relating to the use of the fund for veterans' assistance. SB 234 by Deuell. Relating to the creation of the Rowlett Downtown Management District; providing authority to impose a tax, levy an assessment, and issue bonds. SB 232 by Nelson. Relating to wearing a secure alcohol monitoring device as a required condition of community supervision for certain intoxication offenses. SB 490 by Fraser. Relating to the Hamilton County Hospital District. SB 1184 by Nichols. Relating to the creation of the Timber Springs Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds. SB 580 by Hegar. Relating to community assistance and economic development program activities of the Lavaca-Navidad River Authority. SB 1690 by Lucio. Relating to the consideration of and action on applications for financial assistance for water supply and sewer service projects in economically distressed areas. SB 1693 by Carona. Relating to periodic rate adjustments by electric utilities. HB 3743 by Workman. Relating to the rights, powers, functions, and duties of the West Travis County Municipal Utility District No. 5. SB 1895 by Hegar. Relating to director elections and powers of the Texana Groundwater Conservation District. SB 1892 by Zaffrini. Relating to the Bexar County district courts. HB 3848 by Gooden. Relating to compensation for services and reimbursement for expenses of a member of the board of directors of the Lake View Management and Development District. SB 1922 by Lucio. Relating to the creation of the Port Isabel Improvement District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 3864 by Gooden. Relating to the creation of the Lazy W District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. HB 3865 by Isaac. Relating to the Hays Trinity Groundwater Conservation District. HB 3866 by Miller. Relating to the date for the election of directors of the Hill Country Underground Water Conservation District. SB 27 by Zaffirini. Relating to policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.

THE CHAIR: The Chair declares those bills just read by the clerk to be finally passed by the record vote recorded on Senate Bill 61, with the understanding that a member may record a vote with the Journal Clerk. Is there objection? Chair hears none. So ordered. The Chair hears -- Members, if you have any announcements, please bring them to the front. Following announcements, the clerk will read the announcements.

THE THE CLERK: The Committee on Technology will meet on May 19th, 2011, room 3W.15. This will be a formal meeting to consider SB 701 and pending business. The Committee on Transportation will meet upon first adjournment on May the 19th, 2011, in the House chamber at desk No. 120. This will be a formal meeting to consider pending business. The Committee on Higher Education will meet upon first adjournment on May the 19th, 2011, in the House chamber at desk No. 94. This will be a formal meeting to consider pending business. The Committee on Economic and Small Business Development will meet upon first adjournment on May 19th, 2011, in the House chamber at desk No. 14. This will be a formal meeting to consider SB 1175 and pending business. The Committee on Environment Regulation will meet on first adjournment today, May the 19th, 2011, at desk No. 105 in the House chamber. This will be a formal meeting to consider SB 1620 and pending business.

THE CHAIR: Chair recognizes Representative Veasey for a recognition.

REPRESENTATIVE MARC VEASEY: Members, please help me welcome the kids and parents and staff of East Hanley Elementary, which is located in my district. Ms. Susan Hill is the principal, and she's here today and she does a good job. And everybody's in Fort Worth is proud of East Hanley where I actually had a chance to go to school in elementary for a quick minute. And I hope the kids are having a great year, I hope field day went great this year, and I know that you and the children are forward to having a great summer. Welcome to your Capitol.

THE CHAIR: Representative Taylor wants to remind -- You're recognized to remind.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam Speaker. The elected committee will be meeting at my desk upon first adjournment.

THE CHAIR: Are there any other announcements, members? Chair recognizes Representative Pena for a reminder.

REPRESENTATIVE AARON PENA: Members, the Technology Committee, Representative Howard, we have a committee meeting going on at the break. Just a reminder.

THE CHAIR: Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: Thank you Madam Speaker. Those members of county affairs, we are having a meeting upon first adjournment at Desk 44.

THE CHAIR: Are there any other announcements? If not, the Chair -- the House stands adjourned until 1:40 p.m. today.

(The House stands in recess).

THE CHAIR: House will come to order, members. Please register. Have all registered? Have all registered? The quorum is present. Is Mr. Anchia on the floor of the House? Representative Dutton, for what purpose?

REPRESENTATIVE HAROLD DUTTON: I don't recognize the speaker.

THE CHAIR: Pursuant to Rule 1, Section 10, Representative Kuempel is presiding over the House.

REPRESENTATIVE HAROLD DUTTON: Do you have pledge cards?

THE CHAIR: That's what -- You signed earlier when I brought that around, that's what that was for.

REPRESENTATIVE HAROLD DUTTON: I'm ready to roll. That was just a joke, members.

THE CHAIR: Please excuse Representative Phillips for important business in the district on a motion by Judge Louis. Chair lays out on third reading Senate Bill 662. The clerk will read the bill.

THE THE CLERK: SB 662 by Nicols. Relating to the continuation of the process of the State Board Of Examiners for people in

(inaudible) pathology and (inaudible) providing a penalty.

THE CHAIR: Chair recognizes Representative Anchia.

REPRESENTATIVE RAPHAEL ANCHIA: Mr. Speaker and members, this is another one of the very meaty sunset bills that was assigned to me. This relates to the State Committee of Examiners and the fitting and dispensing of hearing instruments. And I believe there is an amendment. Strike that, members. This is the Senate Bill 662 relating to speech and pathology. Different sunset bill. But still very meaty and important. Move passage.

THE CHAIR: Representative Anchia moves for passage of Senate Bill 662. Is there anyone wishing to speak on, for, or against Senate Bill 662? If not, the occurs on final passage of 662. Clerk will ring the bell. Center all voted? Have all members voted? There being 146 ayes and 0 nays, Senate Bill 662 is finally passed. Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, let me have your attention, since we're getting down to the end of the session. And let me explain the calendar situation, your committees and your deadlines. And let me tell you about your days of work. Right now, Calendars has 81 Senate Bills, 4 SJR's, 1 SCR, 8 HCR's and there are 42 bills that we should probably receive today. Now, please follow how this works. Saturday is the last day that you can report the bills out. Tuesday is the last day to vote on Senate Bills if you've got Senate Bills you need to get them to Calendars as soon as possible. Also, remember, it's 36 hours from the time the calendar committee meets to set a calendar. So if you think that it is Tuesday, we have to meet Sunday, Monday, Saturday and then you can figure that rest out for yourselves. But it's very, very important that you get these bills moving. The other thing is here is the calendar, at least through next Wednesday, you will be here tomorrow, you will be here Saturday, do not make Sunday afternoon plans. Monday, Tuesday, pretty much all the way through the last day of the session. So I want everybody to kind of understand, I know there's been some rumors here, oh, we're going take off here or there. The answer is we're in for the full time so we can meet these deadlines. But I wanted everybody to know the status so we know where we are. And if you need to meet to kick bills out, time is very much of the essence. Thank you, Mr. Speaker.

THE CHAIR: Chair lays out on third reading Senate Bill 650. The clerk will read the bill.

THE THE CLERK: SB 650 by Hager. Relating to the management of certain metropolitan rapid transit authorities.

THE CHAIR: Chair recognizes Representative Cook.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker, members. This is the metro sunset bill that we heard yesterday. I'm going to request that we postpone this bill till time certain 3:00 o'clock today. Hopefully we'll have an amendment by Representative Workman that will make this a bill that you can actually vote for. So, once again, if we could, postpone until 3:00 o'clock today.

THE CHAIR: Members, you've heard the motion. Postpone until 3:00 today. Are there any objections. Chair hears none. So ordered. Chair lays out on third reading Senate Bill 430. The clerk will read the bill.

THE THE CLERK: SB 430 by Nicols. Relating to written notice of a groundwater conservation district of groundwater contamination.

THE CHAIR: Chair recognizes Representative Christian.

REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Mr. Speaker. This is a bill we passed yesterday. Just simply notifies the local groundwater district of any contamination. And I move passage.

THE CHAIR: Is there anyone wishing to speak on, for, or against Senate Bills 430? Chair hears none. The question occurs on final passage of Senate Bill 430. Members, that is record vote. Clerk will ring the bell. Show Representative Geren voting aye. Have all voted? There being 144 ayes, 0 nays, Senate Bill 430 is finally passed. Chair lays out on third reading Senate Bill 764. The clerk will read the bill.

THE THE CLERK: SB 734 by Williams. Relating to a prohibition against use of school district resources for a hotel.

THE CHAIR: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker. This bill prohibits a public school from billing a hotel. Move passage.

THE CHAIR: Is anyone wishing to speak on, for, or against Senate Bill 764? Chair hears none. The question occurs on final passage of Senate Bill 764. This is a record vote. The clerk will ring the bell. Have all voted? Show Representative Smith of Tarrant voting aye. Show Representative Gutierrez voting aye. There being 141 ayes, 4 nays, Senate Bill 764 finally passes. The Chair lays out Senate Bill 800. The clerk will read the bill.

THE THE CLERK: SB 800 by Duncan. Relating to the qualifications and operations of workers' compensation data collection agents.

THE CHAIR: Chair recognizes Representative Elkins.

REPRESENTATIVE GARY ELKINS: Thank you, Mr. Speaker. Members, this is the bill we passed yesterday. SB 800 would align the statutory authority for worker's compensation for the collection of data with similar authority currently utilized by the Commissioner of Insurance. Move passage.

THE CHAIR: Is anyone wishing to speak on, for, or against Senate Bill 800? Chair hears none. Question occurs on final passage of Senate Bill 800. This a record vote. The clerk will ring the bell. Show Representative Gutierrez voting aye. Have all voted? Have all voted? There being 143 ayes, 1 nay, Senate Bill 800 finally passes. Chair lays out on third reading Senate Bill 5. The clerk will read the bill.

THE THE CLERK: SB 5 by Zaffirini. Relating to the administration and business affairs of public institutions of higher education.

THE CHAIR: Chair recognizes Representative Anchia on a motion to postpone.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker. Members, I move to postpone to a time certain, that being 3:00 p.m. on May the 19th, 2011.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Thompson for a motion.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, I move to suspend all necessary rules to allow the Local and Consent Calendars Committee to set a Local, Consent and Resolutions calendar for Friday, May the 20th, 2011, at 10:00 a.m.

THE CHAIR: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, I request permission for the Committee on Local and Consent Calendars to meet while the House is in session at 2:30 p.m. today, May the 19th, 2011, at the Agriculture Museum at 1W14, to consider a Local, Consent and Resolution Calendar.

THE CHAIR: Members, you've heard the motion. Are there any objections? So ordered. Following announcement. Clerk will read the announcement.

THE THE CLERK: The Committee on Local and Consent Calendars will meet at 2:30 p.m. today, May 19th, 2011, in the Agricultural Museum at 1W.14. This will be a formal meeting consider a Local, Consent and Resolutions Calender.

THE CHAIR: Chair recognizes Representative Naishtat for a motion.

REPRESENTATIVE ELLIOT NAISHTAT: Members, we need permission for the Public Health Committee to meet while the House is in session at 3:15 today in room 3W.9 to consider pending business.

THE CHAIR: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Clerk will read the following announcements.

THE THE CLERK: The Committee on Public Health will meet at 3:15 p.m. today, May 19th, 2011, at 3W.9. This will be a formal meeting to consider pending business.

THE CHAIR: Chair recognizes -- Chair lays out on third reading Senate Bill -- or excuse me, on second reading, Senate Bill 1811. The clerk will read the bill.

THE THE CLERK: SB 1811 by Duncan. Relating to state fiscal matters.

THE CHAIR: Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker, members. I move to postpone SB 1811 until 3:30 this afternoon.

THE CHAIR: Members, you've heard the motion. Are there any objections? So ordered. Chair lays out on second reading Senate Bill 1581. The clerk will read the bill.

THE THE CLERK: SB 1581 by Ogden. Relating to state fiscal matters related to public and higher education.

THE CHAIR: Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you, Mr. Speaker. Members, I move to postpone Senate Bill 1581 until 3:30 this afternoon. And I'll gladly stand for questions, Mr. Speaker, if you want to recognize --

THE CHAIR: Mr. Gallego, for what purpose?

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

REPRESENTATIVE CHARLIE GEREN: I will.

THE CHAIR: Gentleman yields.

REPRESENTATIVE PETE GALLEGO: Mr. Geren, you've now postponed or have postponed the bigger fiscal matters till now, the second to 3:30. I wonder if that's realistic, or if you would be prepared to entertain the substitute motion let's says let's do it at 6:00 o'clock tomorrow, so that rather than have everyone here --

REPRESENTATIVE CHARLIE GEREN: Mr. Gallego , I hope it's realistic.

REPRESENTATIVE PETE GALLEGO: Do you hope it's realistic?

REPRESENTATIVE CHARLIE GEREN: Yes, I really do.

REPRESENTATIVE PETE GALLEGO: This is, I believe, the ninth time that the -- the second time on the Senate Bill, but the House Bill was postponed seven times for a total of nine times.

REPRESENTATIVE ELLIOT NAISHTAT: I take your word for that. I don't know. But I hope that is very realistic time. Obviously, there's no guarantee, but from what I understand it may be.

REPRESENTATIVE PETE GALLEGO: Because the the debate on -- on the bill, I assume, will take a day if we go through those amendments.

REPRESENTATIVE CHARLIE GEREN: It may well take at least that.

REPRESENTATIVE PETE GALLEGO: And if we start at 3:30, then that's a long day as opposed starting earlier in the morning.

REPRESENTATIVE CHARLIE GEREN: Well it will be a long day, then we're starting over the next day so --

REPRESENTATIVE PETE GALLEGO: It is your understanding that we actually -- we shouldn't leave campus then -- then we actually should be on the fiscal matters bill at 3:30.

REPRESENTATIVE CHARLIE GEREN: Mr. Gallego , it is my hope that we are going to be there. I'm not leaving campus. As you can see, we have some guests coming in the back door right now.

REPRESENTATIVE PETE GALLEGO: Thank you.

THE CHAIR: Representative Villareal, for what purpose?

REPRESENTATIVE SID MILLER: Parliamentary inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE MIKE VILLARREAL: My understanding is that there may be a point of order on Senate Bill 1581, because of an amendment that was tacked on in the Senate that is of a different subject. If the House proceeds, as it has in the past, to send Senate Bills back to the Senate to be cured, and then to have them come back to the House for consideration; how long will that take?

THE CHAIR: Representative Villarreal, the Chair's not advised.

REPRESENTATIVE MIKE VILLARREAL: How long has it taken in the past? And the reason why I'm asking, is that because we do have a deadline, that's Tuesday, to pass Senate Bills. And my concern is by postponing Senate Bill 1581 we shorten the window of opportunity to send it back to the Senate and have it come back to the House.

THE CHAIR: Thank you very much. The Chair will look into how long it's taken in the past.

REPRESENTATIVE MIKE VILLARREAL: Thank you.

THE CHAIR: Yes, sir. Members, Mr. Geren moves to postpone until 3:30 p.m. today. Are there any owe objections? Chair hears none. So ordered. Chair recognizes Representative Anchia for a recognition.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker and members. I'd like to take a moment to recognize Ms. Natalie Buckemper and the group of eighths grade students from the (inaudible) Young Women's Leadership School in District 100. Representative Johnson is out sick today but he asked that I introduce this group visiting from Dallas. I would ask these students to please stand up, as they are already, and be recognized. And welcome to your Texas House.

THE CHAIR: Chair lays out on a matter of postponed business Senate Bill 23. The clerk will read the bill.

THE THE CLERK: SB 23 by Nelson. Relating to the administration of and efficiency, cost-saving, fraud prevention, and funding measures for certain health and human services and health benefits programs, including the medical assistance and child health plan programs.

THE CHAIR: Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker and members, we have committee substitute Senate Bill 23 that is offered by Senator Nelson, that I've had pleasure to pick up. This is a fairly comprehensive bill for which it's very significant importance relating to some of the cost savings that we're realizing in Article 2, as well as in the entire budget. Just a few opening remarks and comments here, in terms of Medicaid long term service. It says there are eight -- there are elements of this bill that prevent over-utilization of waiver services. And it streamlines the licensing and contracting process for a provider. There is a Medicaid managed care organization lock-in: Similar to the kind of insurance that you and I all have, that you lock in for 12 months. There is a similar provision for this that will allow clients to enroll based on a 12 month period of time. And it'll sort of discourage some of the flip-flopping back and forth between plans in short periods of time. But it also addresses the health opportunity pool and it amends the current statutes to allow both DISH and or (inaudible) or both into the health opportunity pool. And it clarifies the authority to accept and deposit gifts, grants, donations intergovernmentally transfers and certified expenditure savings into the hop. It also prohibits the use of hop fund for construction, improvement or renovation of building and land, unless approved by under rules that are established by this commission. With reference to the Medicaid managed care, it repeals the prohibition of the use of HMOs in Medicaid in Cameron, Hidalgo and Maverick Counties. It provides for a medical director within the south Texas service delivery area, it expands on the current goals of the creation of medical homes through various guidelines, and it provides consideration to a locally owned HMO or a hospital district within the service delivery area, or the FDA. It lays out requirements for pharmacy benefits within the managed care program also. There is an abolishment of the state

(drop) insurance program. Federal health care reform allows the state to draw down federal funds to match for children eligible for the SKIP program. Children in SKIP program at ERS will be now moved into the CHIP program in Health and Human Services commission and there will be no gap in the coverage for these children. There's a provision for fraud prevention that repeals the fingering imaging requirement for SNAP and TANF, but it still requires the agency to utilize available and appropriate technology to verify an individual's identity and prevent duplicate participation in SNAP and TANF programs. The sexual assault program fund is also addressed. It requires that all of the revenue that is collected from the fee imposed on sexually oriented business be credited to the sexual assault program or the SAT fund. It repeals the section of the Business Code that would require anything beyond 25 million dollars to be deposited in the health opportunity pool created by SB 10. It will also be able to match third party intern data from various health and human services programs, including long term care and non-medicaid programs to identify individuals of third party coverage. There is provision for telemonitoring services that will enhance some of the services that we provide to some of our clients that are involved in home health, and there are physician incentives to reduce the use of emergency departments. There's also a provision for the objective assessment process for nursing services that requires HSSC to document and utilize objective assessment 204 accurate nursing services in Medicaid, which just happens to be one of the (inaudible) recommendations. Health and Human Services will ultimately determine whether an objective assessment tool is feasible and implement beneficial implement for therapy services. Mr. Speaker and members, I believe we have what I count as about 38 amendments that are proposed, and I will entertain those amendments now.

THE CHAIR: Following amendment, the clerk will read the amendment. Clerk will read the amendment. Members, we are on page 1 of your packet.

THE THE CLERK: Amendment by Zerwas.

THE CHAIR: Chair recognizes Representative Zerwas. Representative Menendez, for what purpose?

REPRESENTATIVE JOSE MENENDEZ: Will the gentleman yield for some questions?

THE CHAIR: Representative Zerwas, do you yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: C ertainly.

THE CHAIR: Gentleman yields.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker. John, I was just asking you one-on-one before I came up here, I've been getting a lot of emails and the emails that I'm getting are from retired teachers. And they are concerned about the creation of an HRA account for the retired teachers and the TRS care participants. Those health care reimbursements arrangements. I'm just asking you for purposes of legislative intent, there's nothing in this bill that creates any kind of health reimbursement arrangement for TRS care patients; is that correct?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hat's correct.

REPRESENTATIVE JOSE MENENDEZ: Thank you very much.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you. Mr. Speaker and members, this floor amendment makes some clarifications and technical corrections related to some of the pharmacy related provisions in other sections of the bill, and up dates the use of skilled nursing facilities. The amendment clarifies that when we move the prescription drug benefits to the managed care organizations the managed care organizations will have to allow all pharmacies who are willing to accept their terms to participate in the network. Clarifies also that managed care organizations cannot mandate that enrollees use a mail order to fill their prescription. And also will make the managed care organization comply with Chairman Hunter's prompt pay provision of HB 2292, which this body already passed. Secondly, the amendment makes some technical clarifications related to the expansion of Medicaid managed care, that the state will allow a contracting preference in each service delivery area for locally owned plans or hospital districts owned health plans, but not both. The second technical clarification is that on at statewide basis the plan will be required to have a medical director available to each of the service delivery areas, rather than in each service delivery area. The bill still mandates, however, a medical director be located in the new south Texas service delivery area, and that is not changed. Thirdly, it makes the technical correction related to the managed care organization network, and includes the sunset date for certain other provisions. And the amendment allows for an assisted living facility to provide skilled nursing services for a limited duration, or to facilitate provision of hospice services, and it would authorize an assisted living facility to employ a health care professional to provide field nursing or hospital health care services to facility residents. And, Mr. Speaker, this amendment is acceptable to the author.

THE CHAIR: Mr. Berman?

REPRESENTATIVE LEO BERMAN: Mr. Speaker, will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: Y es, I'm awake now.

THE CHAIR: He yields

REPRESENTATIVE LEO BERMAN: Thank you John. John, there was a bill which would allow physicians to dispense pharmaceuticals from their office, just like a pharmacist. Is that in this amendment at all?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hat is not.

REPRESENTATIVE LEO BERMAN: It is not in the amendment?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I t is not.

REPRESENTATIVE LEO BERMAN: Mr. Speaker? Would you reduce that to writing and have it put into the journal, please?

THE CHAIR: Be pleased to. Are there objections? Hearing none. So ordered.

REPRESENTATIVE CRAIG EILAND: Mr. Speaker, will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: C ertainly.

THE CHAIR: He yields.

REPRESENTATIVE CRAIG EILAND: Mr. Zerwas, we got some of our constituents that are pharmacists contacted us about Senate Bill 23 and some of the provisions in it. Is the purpose of your amendment to correct some of those complaints?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hat's correct. Yes, sir. I worked closely with Chairman Hopson to discuss a variety of the concerns that they had, we shared the information that we employed into this bill, and if not exactly the provision that Chairman Hopson is putting in here, that is one of the amendments. And upon the adoption of this amendment he and I have agreed that he would pull his down, understanding that those provisions would be put in place.

REPRESENTATIVE CRAIG EILAND: All right. Thank you.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: M r. Speaker, I move adoption of the amendment.

THE CHAIR: Anyone wishing to speak for or against the amendment? Representative Zerwas sends up an amendment. The amendment is acceptable to the author. Are there objections? Chair hears none. So ordered. Following amendment, the clerk will read the amendment. Members, this is on page 28 of your packets.

THE THE CLERK: Amendment by Zerwas.

THE CHAIR: Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker. This is actually a fairly long amendment. It is, in fact, a bill and it's Senate Bill 7 that was authored by Senator Nelson, sponsored by Representative Kolkhorst over here. And, in fact, I was going to have Representative Kolkhorst up here. And, in fact, I was going to have Representative Kolkhorst post this amendment up. I believe she is busy in the back right now, so I will -- You snuck up on me. With that, I'll yield the floor to Representative Kolkhorst.

THE CHAIR: Chair recognizes Representative Kolkhorst to lay out the amendment.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. Members, Representative Zerwas is correct. This is Senate Bill 7. Senate Bill 7 is something that we saw last session, it is came through the Public Health Committee and it was on major state for a few days. We didn't quite get to it. And I just want to explain what the bill does. It was vetted in the Senate, in the House public health committee. We went over it for about two hours, and it is currently set to be set on major state, if we are able to put it on this bill, I think we will save some time. So, the bill actually transitions the way we pay for health care in our Medicaid and CHIP programs and it incentivizes quality. The purpose of the bill is to improve the health care outcome to the Texas Medicaid and CHIP recipients, and increases efficiencies of these programs by transitioning to a payment system that awards and rewards quality of services rather than the fee for service that we currently have. Members, one of the things that I've been impressed with, what that did in the Senate was they were able to get the consensus of the Texas Medical Association, the Texas Hospital Association, of the Texas Association of Health Plans, the Academy of Physicians, the Texas Pediatrics Society, the Texas Nurses Association, the Teaching Hospitals of Texas, the Texas Association of Business, AARP, Texas Conservative Coalition and the Center for Public Policy Priorities. It has been very well vetted. I still think that it's the beginning and we'll be tweaking this as we go through, so I'm just want to thank Senator -- Representative Zerwas for allowing us to put this on this bill.

THE CHAIR: Members, Representative Zerwas sends up an amendment. It's acceptable to the author. Does anybody object? Chair hears none. So ordered. Madam Doorkeeper, for what purpose?

DOORKEEPER: Mr. Speaker I have a messenger from the Senate at the door of the House.

THE CHAIR: Admit the messenger.

MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate --

THE CHAIR: Members, Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Zerwas.

THE CHAIR: Members, we're on page 54 of your packet. Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker. Members, this is an amendment that is dealing with the upper payment limit. HHSC is picking up a Federal 1115 waiver to protect the hospital's supplemental upper payment funds, as the commission seeks to expand managed care for Medicaid services achieve targeted budgeted savings. If successfully negotiated, HSSC will meet a statutorily segregated fund to ensure these payments are not commingled with the state revenue. In 2007 the Legislature created the Health Opportunity Pool known as the HOP, in anticipation of a similar effort to negotiate pool federal supplemental payments for hospitals. Since the objective of this waiver differs somewhat from the efforts in 2007, this amendment makes minor modifications to the HOP's language to make it consistent with the current objectives of the HSC waiver negotiation. And, Mr. Speaker, this is also acceptable to the author.

THE CHAIR: Representative Coleman, for what purpose?

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: D oes the gentleman yield for a couple of questions?

THE CHAIR: Gentleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I do.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I 'm sorry, Dr. Zerwas, I wasn't up here when you laid out the bill and -- but you talked about the -- and I guess this is this pool of funds that has been created, and then in that pool of funds are you talking about rolling upper payment limit dollars into that pool of funds?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T he idea is it would make the HOP capable of rolling those funds into this pool, so that if you were to have consolidated funding streams at some point in the future, then you would have the opportunity to do it out of the HOP.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: O kay. Now, how would that impact the those hospitals and local communities and donor hospitals on upper payment limits to have those dollars directly go to the pool, as opposed to them distributing those dollars in the regions where they create the upper payment limit pot of funds, or amount of funds?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T he intent of any waiver that we seek that comes with the carving in of hospital services into managed care is to preserve the upper payment limit. In fact, it's been one of the primary objectives as we work through Article 2.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I understand that, and I've met with CMS and I'll say it this way: If you are combining those streams of funding then you are -- and these are the folks that create the fund, that would take their authority on those funds away, would it not?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T he intent is not to take their authority away at all. The intent is that every bit of the money that they put up as an inter-government transfer that is created locally, as I know you know, is to create those matching funds and for those monies to return to the areas that basically put them up.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: Y eah. And I understand. But right now it's not an intergovernmental transfer in that regard. And I'm concerned about this pooling of these -- of the funds. And that's what I'm really -- And we can talk about it later, but I have some concerns about that. Also, in the creation of new managed care regions, is the whole State of Texas going to now be in -- under managed care.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: N o, sir. But the intent is to try to move managed care out into a broader area of the state. There will be some areas that will continue to be better serve or can only be really served by a fee for service model.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: C ould you tell me which areas again those would be, would now be rolled into managed care?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: C urrently where we're focusing primarily is in the south part of region, which as you know, there has been statutorily a -- a prohibition on --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut do you know who passed that statute?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I don't know.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I did.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: C ongratulations. So we're just going to bring it full circle.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: S o you just undoing something that I passed a while ago. I heard you (inaudible) when you do it long enough everything gets undone. The issue is, in this one, why have we not then gone to statewide managed care if this is about the premium tax?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, it's not just about the premium tax. Certainly that is a source of the --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: M ajor component, yeah.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I t's a source of revenue, there's no doubt about it. But in the managed care arena as, you know, Chairman Coleman, the real value comes in the effective management of the patient and the services and so forth.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: L et's talk about that a little bit. In the other managed care contracts that we've put out over the years, generally, there's been a one time savings, meaning the amount of money that would be saved from implementing managed care is taken out of the budget; and then it remains flat and over time it actually goes back up. It catches up very quickly with the cost before. And, as you know, we have situations where we have disease management programs. And what managed care organizations are supposed to do, I think you might agree, is to actually do those things. But we're still spending money on the side to do the things that we contract with managed care organizations to do. And this is the another one of my concerns.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I 'm not sure what the question is in that, but I'm certain --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T he question is, why are we paying twice to manage diabetes, manage asthma and manage other illnesses that MCO's are supposed to provide as a part of their contract?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, I think that's certainly the intent, Chairman Coleman, that if we're going to contract with a managed care organization, we are going to contract with the intent that they're going to be able to better manage the care such as asthma, such as diabetes, such as rheumatoid arthritis, whatever the condition may be, the understanding is that a managed care organization will be better able to coordinate --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut they haven't done it so far.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: A nd as you and I pointed out, and you and I have had this conversation from both ends of this microphone, is the inflation in health care is going to continue to go up, whether it's in a managed care organization or not. We know that. The intent is try to slow that down through better coordination and the implementation of best practices out there. The reality is there is not a whole lot of best practices out there. And we're going continue to see some inflationary impact in terms of the whether you're in a managed health care organization or not.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: W ell, back in 2001 I had a bill that actually created PCCM, and actually looked at chronic disease management, and all of these things and the governor vetoed it, which is fine. But my concern is we're not going to get -- all we're going to get is savings and still we're going to actually spend that amount of savings on other programs to accomplish what the managed care organization was supposed to accomplish to begin with. And that's my concern is to begin with it actually ends up costing us more, not less, in the long run. And then -- because we're hiring other people to do what the managed care organization was supposed to do to begin with. Would you share that concern?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I 'm not sure I do share that concern, or whether that's a reality or not. But do I think that managed care is the silver bullet that's going solve our problems? Clearly it's not. Managed care has been around a long time in both the governmental public sector as well as in the private sector. So it's not the magic bullet. I think there are other things that need to be integrated into our health care system for us to ultimately realize, you know, some real cost savings are bending cost curve down. You and I have had numerous discussions on this. Some we agree on some we don't agree on.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T hat's right. I mean --

REPRESENTATIVE ZERWAS: I would gather.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I mean it's okay, I'm just -- Since I put the amendment in that, the piece in the law that stopped the expansion, I'm just thought I'd come up here and -- So do you have the dental maintenance organization in this particular bill?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T here will be -- There is carved into this a dental managed care.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: A nd have you talked to the Charles A. George Dental Society about this?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I don't know that I have. No, sir.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T hat's the black dentist. Have you talked to any dentist of color who constantly, and have always done work under Medicaid, who will now potentially lose access to the patients that they'll served dutifully for years. And have they been consulted about the affect of this particular bill on them and their desire to provide Medicaid dental?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W e've had numerous conversation with a variety of organizations that are currently serious Medicaid providers.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut have you had any conversations with organizations of color that have been the Medicaid providers to children and seniors, when no one was even thinking about it, before someone decided that the savings comes from the DMO, as opposed to -- and cuts those dollars that go to those dentists, before we decided to do a DMO? And I'm sorry, I missed the committee where the hearing was. I was somewhere. I don't know.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: No . It was -- it was laid out in Appropriations --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T hat's right. So in Appropriations that meant it was only about the money. So what do we mean when we're talking about the care, and those folks who do, in my district, who provide that care to children who were harassed in this legislature as being swarming, because they had large Medicaid -- they actually went and saw people.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I can't speak to your characterizations at all, but what I do know is that I saw many people that -- who were serious Medicaid providers. I don't have any idea in terms of any breakdown with relation to people of color and so forth --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut it's important, because in this legislature and other places people are saying that the Medicaid budget is run away. And it serves certain people. And they say that all the time, because they want people to know who it's serving because they believe that's a pejorative statement. So now I'm asking on the other side of it, those folks who provide care, who are serving the people in their own neighborhoods, have they been consulted about this DMO?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I can't say on a provider by provider basis that's true. I think we have done our home work and due diligence to determine --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I f I find out that that's not the case, will you look at this with me tomorrow?

REPRESENTATIVE LARRY TAYLOR: Representati ve Weber raises a point of order. The gentleman's time is expired. The point of order is well taken and sustained.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: M r. Speaker?

THE CHAIR: Mr. Coleman, for what purpose?

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: Y es. I'm going to move that the gentleman's time be extended.

THE CHAIR: Pursuant to Rule 5, Section 28, during the last ten calendar days of the regular session, Sundays excepted, all speeches should be limited to ten minutes and shall not be extended.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T here are other people that want to ask questions, that's why I'm asking for it to be extended.

THE CHAIR: Yes, sir. We understand that. But pursuant to the rules there's a time limitation and a restriction on the extension.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T hen I'll just have to pile a bunch of amendments to talk about it then.

THE CHAIR: Is anyone wishing to speak against the amendment? Chair recognizes Representative Riddle for a recognition.

REPRESENTATIVE DEBBIE RIDDLE: Thank you, Mr. Speaker and members. Are there any children here from Luther Jones Elementary School out of Corpus? Stand up. Welcome to your Capitol. Your state representatives are in some very -- that represent Corpus are in some very important meetings, I've not seen them come on the chamber. If they have, then come up here. But I met these kids down in the giftshop, they are so well behaved and just outstanding young people. So help me welcome these children from Luther Jones Elementary School in Corpus. Welcome to your House. Members, welcome them. Thank you.

THE CHAIR: Chair recognizes Representative Riddle for a recognition.

REPRESENTATIVE DEBBIE RIDDLE: Representat ive Torres, I see him walking towards the back. Representative Torres and Connie Scott, so come up to the mic while they're talking about this and welcome these babies. They're just wonderful kids. Met them in the giftshop.

THE CHAIR: Representative Zerwas offers up an amendment that's acceptable to the author. Are there objections? Chair hears none. The amendment is adopted. Members, Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Zerwas.

THE CHAIR: Members, we're on page 60 in your packets. Chair recognizes Representative Zerwas. Members, we're waiting for an amendment to the amendment. Chair recognizes Representative Zerwas to explain the amendment to the amendment.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker. The amendment is one that will, in fact, allow us to try and level --

THE CHAIR: Mr. Zerwas? Back up, members. Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Zerwas.

THE CHAIR: Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker. Members, this amendment is intended to address -- Bring some clarification to one that is related to the trauma fund. As you know, the State of Texas has a significant trauma fund account that is related to the driver responsibility program. These funds are used in order to provide for uncompensated trauma care. There is the possibility that these monies can be matched in order to leverage federal dollars and help pay for what is considered the trauma component of the standard dollar amount. And this, the amendment that is added to the amendment is simply to clarify that monies that are used for this will not be compromised and being given back to the hospital for uncompensated care. And it's -- It's, yeah, it's acceptable to the author.

THE CHAIR: Mr. Berman, for what purpose?

REPRESENTATIVE LEO BERMAN: Question. To ask a question of Dr. Zerwas.

THE CHAIR: Will Dr. Zerwas -- Will you yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I do.

THE CHAIR: He yields.

REPRESENTATIVE LEO BERMAN: John, this will only take a second. I asked the same question before. And when you accept an amendment we don't know what's in the amendment, but are there any amendments in this packet that would allow a physician to become a pharmacist of his own office?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T here is not.

REPRESENTATIVE LEO BERMAN: Thank you very much.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: Y ou're welcome.

THE CHAIR: Representative Zerwas sends up an amendment to the amendment. It's acceptable to the author. Are there objections? Chair hears none. The amendment is adopted. Members, we're now on the Zerwas amendment as amended. Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker. And as I already touched on this, is a possible opportunity we have to match these trauma funds with federal dollars. Again, it will help us offset some of the costs related to the reimbursement for Medicaid, based on the standard dollar amount, and it is absolutely not intended not to compromise the uncompensated care that this trauma fund is intended to provide for. And I move adoption.

THE CHAIR: Representative Zerwas sends up an amendment. It's acceptable to the author. Are there any objections? Chair hears none. Amendment is adopted. Following amendment, clerk will read the amendment. Members, we're on page 1 of your packet.

THE THE CLERK: Amendment by Frullo.

THE CHAIR: Chair recognizes Representative Frullo.

REPRESENTATIVE JOHN FRULLO: Yes, members, this amendment adds that the possible funding of ICAC, and there is an amendment to the amendment.

THE CHAIR: There's an amendment to the amendment. Following amendment, the clerk will read the amendment to the amendment.

THE THE CLERK: Amendment to the amendment by Frullo.

THE CHAIR: Chair recognizes Representative Frullo.

REPRESENTATIVE JOHN FRULLO: This amendment to the amendment just clarifies -- it's a technical clean up on the changing it to --

THE CHAIR: Mr. Davis, for what purpose?

REPRESENTATIVE YVONNE DAVIS: Will the gentleman yield for a question?

THE CHAIR: Representative Frullo, will you yield?

REPRESENTATIVE JOHN FRULLO: Yes.

REPRESENTATIVE YVONNE DAVIS: I'm sorry, Mr. Frullo. I don't understand your amendment. And so that means I won't understand your amendment to the amendment. Could you explain it a little more?

REPRESENTATIVE JOHN FRULLO: You bet. The amendment to the amendment just fixes a technical error in the reference from the Business and Commerce Code to correctly reference the Government Code. And then basically what the amendment does is it -- You remember when we were talking about the ICAC, the internet crimes against computers? This basically lists that organization as being able to receive funds from these sources.

REPRESENTATIVE YVONNE DAVIS: And does this bill -- does this amendment fit on this bill?

REPRESENTATIVE JOHN FRULLO: Yes, it does.

REPRESENTATIVE YVONNE DAVIS: Explain to me why, I'm not understanding it enough, apparently.

REPRESENTATIVE JOHN FRULLO: As far as --

REPRESENTATIVE YVONNE DAVIS: The ICAC funds -- Tell me again.

REPRESENTATIVE JOHN FRULLO: ICAC stands for the internet crimes against children, it's the Alicia's law that we passed here on the floor a couple weeks ago.

REPRESENTATIVE YVONNE DAVIS: And so, you're doing what now?

REPRESENTATIVE JOHN FRULLO: Well, what this would do is add to the list that we have on page one of the Senate Bill 23, the ICAC units being able to receive money from these funding sources to sexually oriented business taxes. It's already imposed, it just adds the ITAC units as an ability to receive those monies.

REPRESENTATIVE YVONNE DAVIS: So what you're doing is expanding the number of entities that can actually receive funds from that fund; is that right?

REPRESENTATIVE JOHN FRULLO: Right. It adds the ability for ICAC units to be able to receive those funds. It doesn't necessarily provide the funding, what it does is should there be funds available they could receive it. Again, this is for the protection of the children under the Alicia's law.

REPRESENTATIVE YVONNE DAVIS: So they're going to be making grants to this fund to get funds to this ICAC, this new task force; is that right?

REPRESENTATIVE JOHN FRULLO: Well what it does is it gives us the ability to receive those monies should it be available. It doesn't necessarily say we will fund them. It says we want the ICAC units to be added to this list.

REPRESENTATIVE YVONNE DAVIS: And what kinds of -- I mean how will they receive? Would they do grants --

REPRESENTATIVE JOHN FRULLO: Well, I don't know that they're grants. What it does is it makes them eligible to receive those funds. It doesn't necessarily say they will receive them, it just puts their name in the hat.

REPRESENTATIVE YVONNE DAVIS: And do you know how these funds are dispersed now, under what mechanism do these different entities receive funds?

REPRESENTATIVE JOHN FRULLO: I'm not advised on that.

REPRESENTATIVE YVONNE DAVIS: Okay. So I'm just trying to make sure -- is there some prioritized list? I know there's a list of entities that currently receive those funds, and to the extent you're adding that, so I'm just curious about how they will prioritize who gets funded.

REPRESENTATIVE JOHN FRULLO: Well, I'm not advised on that. What we wanted to do is make them eligible to that list. According to the bill, it says the legislature may appropriate money to credit the funds and then through the Attorney General we add the ICAC unit. So it'd through the Attorney General.

REPRESENTATIVE YVONNE DAVIS: So, the Attorney General -- this program is going to be set up at the Attorney General's Office?

REPRESENTATIVE JOHN FRULLO: That's how I read it.

REPRESENTATIVE YVONNE DAVIS: Then they will determine who get the funding; is that right?

REPRESENTATIVE JOHN FRULLO: That's how I read it, yes.

REPRESENTATIVE YVONNE DAVIS: And do you know how much is in this fund right now?

REPRESENTATIVE JOHN FRULLO: No, I don't.

REPRESENTATIVE YVONNE DAVIS: Do you know if there's any safeguards to make sure we fund according to some priority?

REPRESENTATIVE JOHN FRULLO: If we fund according to what?

REPRESENTATIVE YVONNE DAVIS: A priority in terms of entities that would receive funds.

REPRESENTATIVE JOHN FRULLO: Well, what I want to do with this bill is make sure we have the ability for the ICAC's to receive the funding. So how they allocate those is not up to me, or subject to this amendment. What it does is it makes us eligible with the ICAC units to receive funding.

REPRESENTATIVE YVONNE DAVIS: Okay. Okay.

THE CHAIR: Representative Frullo? Representative Frullo sends up an amendment. The amendment is acceptable to the author. Are there any objections to the adoption? Chair hears none. So ordered. Chair recognizes Representative King for a recognition.

REPRESENTATIVE PHIL KING: Mr. Speaker, members, would you join me in welcoming -- We have a class of, or a large group of elementary school kids from Brock ISC. Guys, would y'all stand up? Welcome to your Capitol. I understand you've got a tour in about 15 minutes, but we're glad you're here. Please enjoy your day.

THE CHAIR: Is Mr. Miller of Comal on the floor? Following amendment, the clerk will read the amendment. Members, we're on page two of your packet.

THE THE CLERK: Amendment by Miller of Comal.

THE CHAIR: Chair recognizes Representative Miller of Erath.

REPRESENTATIVE SID MILLER: Mr. Speaker and members, what this amendment does, we've been collecting some funds that are in legal dispute. The Comptroller collected $15 million, and what want to make sure of is that we don't sweep that and spend it, because we've been through District Court, Appellate Court and U.S. Supreme Court heard it 15 months ago, so what this amendment does is it just makes sure we don't spend that because it looks like we're going to have get it back.

THE CHAIR: Representative Zerwas, for what purpose?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ill the gentleman yield?

REPRESENTATIVE SID MILLER: Certainly.

THE CHAIR: Gentleman yields.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you. Thank you, Chairman Miller. We've had a conversation about this and I just want to be certain that we understand that this is not intended to eliminate the current account, or it's not to eliminate the program at all until we actually have a response by the Supreme Court.

REPRESENTATIVE SID MILLER: Not at all. This does not eliminate the program. The Comptroller still has the authority to collect this money, she will continue collecting it. This just directs us to don't spend it until we (inaudible).

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W hich I think is the prudent thing to do. And in the event that the Supreme Court rules against, or actually rules with the Appellate Court, that money then can be refunded without having to find all the money and so forth. But in the event that the Supreme Court would say that it is reasonable to do this, then I don't believe this amendment changes anything with regard to being able to take that money and applying it for the Sexual Assault Fund.

REPRESENTATIVE SID MILLER: That's correct. Absolutely.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: M r. Speaker, could I have these comments reduced to writing and placed in the journal?

THE CHAIR: Members, you've heard the motion. Are there any objections? So ordered.

REPRESENTATIVE SID MILLER: Mr. Speaker, I move adoption. I believe it's acceptable to the author.

THE CHAIR: Representative Dutton, for what purpose?

REPRESENTATIVE HAROLD DUTTON: I'm just waiting.

THE CHAIR: Representative Miller of Erath. Representative Elkins refuse sends up an amendment. It's acceptable to the author. Are there any objections? Amendment is adopted. Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Dutton.

THE CHAIR: Members, we're on page four of your packet. Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: As much as this amendment just passed previously, I withdraw the amendment.

THE CHAIR: Following amendment, members, the clerk will read the amendment. Members, we're on page five.

THE THE CLERK: Amendment by Howard of Travis.

THE CHAIR: Chair recognizes Representative Howard of Travis.

REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker. Members, this is an amendment that would require acceptance for Medicaid nursing therapy to be performed (inaudible) by certain licensed health care workers. And there is an amendment to the amendment.

THE CHAIR: Following amendment to the amendment. Clerk will read the amendment.

THE THE CLERK: Amendment by Howard of Travis.

THE CHAIR: Chair recognizes Representative Howard.

REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker. Members, this amendment to the amendment merely cleans up the original filed amendment, which is not a legislative counsel draft. I believe it is now acceptable to the author and I move adoption.

THE CHAIR: Ms. Howard sends up an amendment. The amendment is acceptable to the author. Are there any objections? Chair hears none. Amendment is adopted. We're now on the Howard amendment as amended. It's acceptable to the author. Are there any objections? Chair hears none. Amendment is adopted. Following amendment, the clerk will read the amendment. Members, we're on page 6.

THE THE CLERK: Amendment by Gonzales of Hidalgo.

THE CHAIR: Chair recognizes Representative Gonzales.

REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker, members. This amendment instructs the Health and Human Services Commission to consider the number of individuals that are impacted, the primary source of health care services and other factors that are relegating (inaudible) the Medicaid Managed Care Service Delivery Area for ten south Texas counties. The reason we're asking for these consideration and, by the, way this language was agreed to by HASC during the Senate consideration. But the reason we're asking for this is that we have not had managed health care in south Texas. There's been a moratorium. It is now being lifted, and we're talking about this area being the largest in enrollee service area ever to have both Medicat Star and Star Plus rolled out at a single time. This is also an area that has 80 to 80 plus percent Medicaid. So we're looking at the possibility of controlled chaos when we roll out a plan, an HMO plan, a Medicare plan in the Rio Grande Valley and other areas. That is such a large area. And, in fact, we were looking at the service area and it's going to be 328 miles. By contrast, the second largest service area, which is the Lubbock service area, is 224 miles. The third one is -- I believe is about 120 miles. Actually, this service area where the managed care a being rolled out is going to be larger than 50 percent of the states -- 50 percent of the states in the United States. So all this is doing is asking for consideration of the individuals impacted, the source of health care services and factors relevant to delivery. And I move for passage.

THE CHAIR: Representative Lucio, for what purpose?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: W ill the lady yield?

THE CHAIR: Does the lady yield?

REPRESENTATIVE VERONICA GONZALES: Yes, I will yield.

THE CHAIR: She yields.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: A nd thank you, Representative Gonzalez, for very eloquently laying out your amendment. But just to clarify again, one, we're just asking them to please understand the uniqueness of this area, the fact that you are creating an extremely large area, largest in the state, larger than 50 percent of the states in the United States, something like that when we spoke; and that because the population is so large, of Medicaid recipients, that there is going to be quite a bit of a push back at first, as to not understanding what managed Medicaid is, folks fearing that they're got going to be able to see their doctor of choice, and so on. HHHC, as you stated, has already agreed to this language, and hopefully it's acceptable to the author. But what we're just asking is to please be mindful of how you approach rolling out Medicaid in south Texas.

REPRESENTATIVE VERONICA GONZALES: Absolut ely. There's many challenges that we have. And I know Dr. Zerwas is very familiar with them, because we sit on Public Health together and he gives me ad nauseam talking about the border area. But, you know, we have -- In this service area we're going to have geography challenges, there's lack of transportation infrastructure. And there's other factors that have little referral patterns or medical commonality between, for instance, the Rio Grande Valley and the Webb County area, which are all going to be included within the same service area.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: A nd MacMullen County, which is near Bexar County, its proximity to Bexar County would fall within the existing requirements of radius, as proposed to if they had to drive to Hidalgo County. And that's just one example; is that correct?

REPRESENTATIVE VERONICA GONZALES: Sure. It's actually would be closer to the Bexar County area, which is a different service area than it is to where we are, down south. So when you're including it in the service area, I mean, when we're talking about transportation issues, this is a huge area. We hope it works well, we hope it's going to save money, we hope it provides access to care to patients; but we have real concerns, so that's why we're asking for these considerations to be made.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I nstead of just drawing lines on a map and saying go figure it out, we're saying hey, be mindful on how you are approaching it.

REPRESENTATIVE VERONICA GONZALES: Absolut ely. These are real people with real medical problems.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hank you.

REPRESENTATIVE VERONICA GONZALES: You're welcome.

THE CHAIR: Representative Coleman, for what purpose?

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: Y es, will Chair Gonzales yield for a couple of questions?

REPRESENTATIVE VERONICA GONZALES: Yes, I will yield.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: F irst of all, I know this is a critical issue. Some of us were here when we rolled out managed care around the state and in different areas, and have watched the progress of savings. You've sat in Public Health.

REPRESENTATIVE VERONICA GONZALES: Yes.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: A nd you've heard about all the disease management programs that we talked about that all will get reimbursements to work with Medicaid.

REPRESENTATIVE VERONICA GONZALES: Yes.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: A re you concerned at all about the reduction of dollars to the providers in your area, and then will just pay other providers to the work that the managed care organization was supposed to do?

REPRESENTATIVE VERONICA GONZALES: Absolut ely. I mean we already live in a an area that has few providers. In this area, it's encompassing such a large geographic area, there will be counties that have very few providers as it is. And when you're now -- Now there's going to be money that is taken off the top that will go to the managed care organization, to the insurance companies, it will not be going to the providers. On top of that, and as you aptly pointed out so many times, we already are making cuts to the amount of money the providers are getting under the current budget. So we're looking at, first of all, already having started out taking lesser rates, now getting a cut to that, and now getting an additional cuts because the insurance companies are going come in and take additional cuts off the top. So, yes, I'm very concerned about the ability for there being sufficient providers to be able to provide care for all these people that are living in this service area.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: A nd I understand that in the region that you -- there's the worst patient to providers ratio when it comes to serving the folks that need Medicaid or -- Period, or serving people.

REPRESENTATIVE VERONICA GONZALES: Yes, I mean we -- One, we have the highest uninsured in the state. And then we have such a high percentage of those who will have some type of insurance, the highest percentage of Medicaid. When you come in and you roll this out in an area that may be unknown to these managed care organizations, they have never had any experience in these particular areas, and then you perhaps limit the number of providers that are available and the amount of money that is going to them, I think it could be a recipe for disaster.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: W ell let me ask you this question, because we're talking about managed care organizations, which include dental maintenance organizations.

REPRESENTATIVE VERONICA GONZALES: Sure.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T he number of dentists that provide services in the area, and the ability for them to take less money to provide those services to our children, do you think that could potentially be a problem in the south Texas border region?

REPRESENTATIVE VERONICA GONZALES: Absolut ely is going to be a problem. We have many caring dentists, in fact, we have an organization called Dentists Who Care, and go to the schools many times and help indigent children with care. And the reality is we have too few providers that are being able to access all of these children. And so this is -- this program that is being implemented in such a huge area with few providers and possibly fewer services. I think it is going to cost us money more than save us money. If we start limiting access to care, which is something we always look at, we look at can he we save money and can we make sure that we have provided access to care? When we start limiting access care it's going cost us at the back end.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: W ere any -- and I just don't know, so this is just an errant question. Were any of those providers in that program, did they have a discussion about the dental maintenance organization under the use of managed care organizations?

REPRESENTATIVE VERONICA GONZALES: I don't know that. I don't believe so.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: Y eah. Okay. Thank you very much.

REPRESENTATIVE VERONICA GONZALES: Move passage.

THE CHAIR: Following amendment to the amendment. Clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Coleman.

THE CHAIR: Chair recognizes Representative Coleman.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: W hat this amendment does is strike a piece of Ms. Gonzales' amendments. But if -- If -- My amendment doesn't do anything, it gives me time to talk to you, Dr. Zerwas. So -- So that amendment is purposefully done, to have an opportunity to talk to him if he moves to table.

THE CHAIR: Representative Lucio, for what purpose?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I 'm waiting to hear on Representative Zerwas' position on --

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker and members, I'm going respectfully move to oppose and to table this particular amendment. I certainly share what the concerns that representative Gonzales has and Representative Lucio has, have shared with you here, and they are not new concerns, they are concerns that we have heard over a period of time, where there are considerations of managed care moving out into the valley. What it does though, is it does create special and preferential treatment for the valley. And I don't think my colleagues would disagree with that. The problem is that it doesn't typically give the commission the opportunity to move managed care out into the particular area in a way that is going to prove to be cost effective and help us with some of the expenses that we have. Typically service delivery areas are created by rule, by the Health and Human Services Commission. So there is that opportunity to do it. But putting it in statute and putting it in stone, and I'm going to say that I don't think --

THE CHAIR: Representative Coleman, for what purpose?

REPRESENTATIVE ZERWAS: -- we should do that.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: D oes the gentleman yield for a question?

THE CHAIR: Gentleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: L et me just finish my comments on this one, Mr. Speaker, and then I'll be happy to yield. But again, like I said, the SDAs are typically established by rule. That's the environment that you have to seriously sit down and consider whether this the recognition of the certain counties that are going to be affected by this is the appropriate thing to do. I think that's where this discussion should be had. Just like it is with any other place in the state. It also potentially allows for the potential of some cherry picking over referral patterns. That's not necessarily going to happen just down in the valley, it could happen anywhere across there. And that's why we have the provisions in place that we do in order to not allow that to happen. It also limits the abilities of HHSC to ensure a competitive HMO market, and that's a critically important part of being able to realize the value of moving Medicaid into any region, regardless of the size of it. And, with that, Mr. Speaker, I'll be happy to yield for questions.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T hank you very much, Mr. Speaker. In terms of the MCOs and the use of MCO's, tell us in the regions where you -- where the State of Texas is not going to do an HMO model, because that's what we're talking about, under managed care organization model. What is the model going to be there, and where are those regions where there won't be managed care in an HMO form in Texas after you get finished with this bill?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: C orrect. The -- Typically those, Chairman Coleman, are going to be in areas where there's not a great population density, so there's not the ability to put the lives together --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: S o In other words, (inaudible) service in those areas --

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: O r a PCCM model.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: O r a PCCM model, which is a capitation on hospitals, correct? But with a payment to the primary care providers or managed care with the patient at the -- we'll call them medical homes, right?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I don't know that it decapitates the hospitals --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: S ome of them do.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: P erhaps they do, and (inaudible) but the key elements to the PCM is the fact that you have a position that's coordinating and managing the care, and that is intended to bring you the savings and really the better quality of care --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I had the privilege of writing that in for the first time, in this legislature about ten years ago. But

(inaudible).

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I know you've had a great deal to do with this. So, I deeply respect your experience and knowledge with this.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: M y concern is why didn't we think about the premium tax by rolling all of Texas into an HMO, instead of choosing south Texas, which had been carved out? And wouldn't that have been a better way to go? Wouldn't that have been enough covered lives? You would agree with me that we did a managed care organization for all foster care children in Texas, all over the state. We were able to do that, but you're telling me -- and -- And I answered that we couldn't do a managed care organization for all of the areas that are not either had -- that don't either have managed care HMO model now, or south Texas?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, I think -- The question you asked me is where were we not going to go out with managed care and --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I 'm saying to you that last session we passed a managed care bill for all of Texas, for foster children only. And you're telling me that we can't -- I'm asking you, couldn't we have done the same thing in those rural areas in Texas? You said there is not enough population. Surely we don't have that many foster kids.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, I think that you do have a unique population with foster kids and I'm not sure --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: M aybe unique, but you're still using an HMO. And that's the issue here. But you were saying that an MCO or HMO doesn't work in rural areas, and this is less of a population and scattered wider than there ever would be in Medicaid across Texas, wouldn't you agree?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I 'm not saying that the HMO wouldn't work, but I think the consideration is that because of the population density lack thereof, if you will, that the model that is PCCM or a fee per service --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut wouldn't you agree with me that managed care actually is saving money and creating -- giving premium taxes that if I came with an amendment that actually got you premium taxes by setting up a single HMO for the State of Texas for all the other areas that are not HMOs, we would we would get additional premium taxes and additional savings; wouldn't that be correct?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T here -- There maybe additional premium tax there -- we should see additional savings if we can bring MCO's into areas where you can actually create some dynamics around the --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut the problem is -- But the problem is you have -- This is what I'm saying, why didn't you all or Ms. Nelson consider doing that when there's less people than there are in the foster care HMO, which is a Medicaid population, by the way, that is done all over the State of Texas. And if savings are such a big deal, why aren't we moving from fee for service in the rural areas to a statewide HMO for those Medicaid recipients just like we've done for foster care?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: A nd I'd say perhaps one day we will, but we're not at that step right now.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut remember that we had conversation in the Select Committee on Federal Legislation, and it seems to me that there's an been a target on a particular area, hate to use that term, there's been selection of a particular area based on money, but not on other areas and that concerns me.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I think we recognize it's an area of the state where the opportunity to implement a managed care model may have some benefit in terms of cost to the state --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut wouldn't you agree that --

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: - - perhaps enhance the quality of the care there.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: W ell, don't you believe that PCCM is a better model for enhanced quality, and that's why we're keeping it in the other part of the state?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: No , I think just the general effort in order to implement some kind of management of the care of patients, that in the low density population areas, using the PCCM model, creates the opportunity to deliver that care. Maybe doing an HMO wide model across the State of Texas may one day be the best way --

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: B ut see, this is not regionally fair because, what I'm saying to you is -- and I represent you greatly, but if we can do an HMO model across the State of Texas for foster care, we can do an HMO model across the State of Texas for areas that are not in HMO regions the same way that that's been done, and save more money to this budget. And I think -- I think you would agree with me, and I'll bring you the math in case I'm not being clear -- See, what I'm saying is what's good for the goose is good for the gander.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: A nd perhaps so. I mean if it looks like a statewide rural HMO is a good way to go and we can go that then I would say let's do. It at the end of the day if it delivers better quality, more cost effective care, then let's put it in there.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T hen I'll prepare an amendment, and I'm sure it'll be acceptable to the author, to this bill, to expand it, so we can save more money and produce more premium tax.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: A nd if we already have it in the bill then you'll accept that, in fact, that do have that.

THE CHAIR: Representative Weber raises a point of order. The gentleman's time is expired. The point of order is well taken and sustained. The amendment to the amendment has been withdrawn. Now, we're on the Gonzales amendment. Is there anyone wishing to speak on, for, or against the amendment? Chair recognizes Representative Lucio to speak for the amendment.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hank you, Mr. Speaker. Members, this is an issue a I've been dealing with since first elected. Doctors have come to me, the health care communities have come to me to specifically speak about managed care and what it would do to the south Texas health care system. Since we're on an amendment that deals more specifically, not to the merits of a south Texas health care system, but strictly to the merits of advising and directing HSSC to take special consideration when laying out what will be their largest service area to date. That's what I'd like to speak specifically to. And not necessary the merits of the overall HMO approached system in south Texas. I will say we do have a very large indigent population. We're one of the largest, most poor, most underserved, worst patient to doctor ratio areas anywhere in the country. And all we're asking for in this amendment, we're not even going to get the opportunity to debate the merits of whether an HMO should be in south Texas at all, but all we're asking for in this amendment is to take special consideration in how they will propose an approach laying out an HMO system in south Texas. I don't think it's too much to ask for: I don't think it's too much to ask for when we struggle every day to get more physicians to our area. When we still don't have a medical school in south Texas. Where we still have doctors who are leaving the areas because they can no longer afford to practice medicine in south Texas because their reimbursements rates are being cut. These are the things we need to consider. You talk about -- and many of you have talked to me about the concerns with how much money the state spends in education and health care along the border, well if you cut their opportunities to get adequate, just adequate health care, we're going to continue to have spend those dollars to make those kids healthy. What are we asking for in this amendment? Please think very carefully before rolling out a system or a model that may work in west Texas or north Texas or east Texas, but south Texas is different and take a little more care. Members, this is my backyard. This is Representative's Gonzales' backyard. If you came to us with an amendment that says you're going to dramatically change how you operate your health care system or education system in your area, and just our area, and you ask for my support, I'd give it to you. So that's all we're asking for today. Just direct HSSC. Not on the merits of MMO's in general, but just direct them. So please look very carefully and go down there and get on the ground so we know exactly what we're doing in south Texas. And with that, I ask you to vote no against the motion to table. This is a local issue we are dealing with. This has no fiscal note, her amendment has no fiscal note. This is a local issue to take special care for the children and the people of south Texas.

THE CHAIR: Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you. Thank you, Mr. Speaker and members. I do respect the efforts that are being made here and the unique needs that are there. I do have some concerns, though, about putting in statute specific counties that would be -- that would be in essence carved out in this. I think the place for that conversation to occur, and for those specific areas to be defined is in HHSC, and in the rule making process. With that, members, I would move to table.

THE CHAIR: Chair recognizes Representative Gonzales to close.

REPRESENTATIVE VERONICA GONZALES: Members , thank you for you indulgence in this, but this is very critical to our area. This service that is being proposed is going to include ten counties. For those of you here, listen closely, because yours may be one. Duval, Hidalgo, Jim Hogg, Cameron, Maverick, McMullen, Star, Webb, Willacy and Zapata counties. I can tell you that the just between Hidalgo and Cameron County we're talking about over a million people, and we're talking about 80 percent or so on Medicaid. Imagine in the ten counties, how many people we're talking about. All this amendment does is ask -- is ask HHSC to consider the individuals, the number of individuals that are being impacted, the primary source of health care services and factors relevant to the delivery of health care. It doesn't order them or mandate them to do anything, but to consider those when they are setting their rules and when they are rolling out managed care in this area. I know that Representative Zerwas says well, we're carving out and it's like we are giving special treatment. We don't consider this special treatment, believe me, to all of a sudden have Managed Care rolled out in full force and in an area that is this large. And so we know we're not going to defeat the fact that managed care will come to our part of the state, we're not naive about that. But we are asking HHSC to give some consideration because these are real people, real lives --

THE CHAIR: Representative Garza, for what purpose?

REPRESENTATIVE JOHN GARZA: Will the gentle-lady yield?

THE CHAIR: Does the gentle-lady yield?

REPRESENTATIVE VERONICA GONZALES: I do.

THE CHAIR: She yields.

REPRESENTATIVE JOHN GARZA: I'm accused, Representative Gonzales, because I'm supporting your amendment and I thought it had support by the author. Has something changed to change that situation?

REPRESENTATIVE VERONICA GONZALES: No. I mean, I gave the -- Representative Zerwas the amendment to look at, but we had no agreement that he was going accept it. And he's moved to table.

REPRESENTATIVE JOHN GARZA: Okay. I just wanted to comment that we know very specifically about how different the situation is in the valley, especially with the high percentage of diabetes and the inability of a high percentage of the population to pay. So I want to recognize yours and Representative Lucio's expertise. And knowing specifically what the needs for your community medically are here. And I think the amendment should be supported.

REPRESENTATIVE VERONICA GONZALES: Thank you so much, Representative Garza. And thank you for pointing out the diabetes. We do have a very high rate of diabetes, which is something that will be relevant to when managed care gets rolled out in this part of the state. Thank you. I move for adoption.

THE CHAIR: Representative Gonzales sends up an amendment. Representative Zerwas moves to table. Members, the question is on the motion to table. Clerk will ring the bell. Show Representative Gonzales voting no. Show Representative Lucio voting no. Show Representative Zerwas voting aye. Show -- Have all members voted? There being 89 ayes and 54 nays, 2 present not voting; the motion to table is passed. Is Mr. Keffer on the floor, Representative Keffer? Chair recognizes representative Keffer for a motion.

REPRESENTATIVE JAMES KEFFER: Mr. Speaker, I request permission for the Committee on Energy Resources to meet while the House is in session at 4:30 p.m. on 5/19/11 at 3W.15 to consider pending business.

THE CHAIR: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Kolkhorst for a motion.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. Members, given that we're on a bill that involves health care, we had a meeting posted for the Public Health Committee at 3:15. We are not going to be able to meet, so we are going to request another grant from -- to meet from the House, so I request permission for the Committee on Public Health to meet while the House is in session at 5:00 p.m. today, Thursday, April 19th, 2011, place 3W.9, to consider pending business.

THE CHAIR: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Following announcements. Clerk will read the announcements.

THE THE CLERK: The Committee on Public Health will meet at 5:00 p.m. on Thursday, May 19th, 2011 at 3W.9. This will be a formal meeting to consider pending business. The Committee on Energy Resources will meet at 4:30 on May 19th, 2011, at 3W.15. This will be formal meeting to consider pending business.

THE CHAIR: Members, pause one second. Representative Kolkhorst will reread her motion. Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. I'll try again. I request for permission for the Committee on Public Health to meet while the House is in session, at 5:00 p.m. today, Thursday, May 19th, 2011, 3W.9, to consider pending business.

THE CHAIR: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. The following announcements. Clerk will read the announcement.

THE THE CLERK: The Committee on Public Health will meet at 5:00 p.m. Thursday, May 19th, 2011, at 3W.9. This will be a formal meeting to consider pending business.

THE CHAIR: Following amendment. The clerk will read the amendment. Members, we're on page eight of your packets.

THE THE CLERK: Amendment by Orr.

THE CHAIR: Chair recognizes Representative Orr.

REPRESENTATIVE ROB ORR: Mr. Speaker, members, just like Representative Zerwas' amendments to Section 10 of the bill, refers to primary care providers, including health outcomes in health homes. My amendment adds health homes to Section 3 of the bill, erases Medicaid managed care organizations, and I move adoption. And I also have an amendment to the amendment.

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

THE THE CLERK: Amendment to the amendment by Orr.

REPRESENTATIVE ROB ORR: Mr. Speaker, members, the amendment to the amendment outlines a responsibility of those primary care providers whose coordinate care in patient centered health homes ensures the primary care providers in health homes will be required to meet the same requirements as primary care physicians in medical homes. And I move adoption. And I think it's acceptable to the author.

THE CHAIR: Mr. Orr sends up an amendment. It's acceptable to the author. Back up, members. Mr. Orr sends up an amendment to the amendment. It's acceptable to the author. Is there any objections? Chair hears none. So ordered. Mr. Orr sends up an amendment. Representative Zerwas accepts the amendment. Are there any objections? Amendment is adopted. So ordered. Members, we're on page nine. Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Gonzales of Hidalgo.

THE CHAIR: Chair recognizes Representative Gonzales of Hidalgo.

REPRESENTATIVE VERONICA GONZALES: Members , I'm back. Okay, this amendment allows for a locally owned managed care plan to be given extra consideration when selecting the Medicaid managed care providers for the ten south Texas counties we were speaking about a moment ago. This compromised language does not intend to provide more than one local managed care organization in a service area. Under present law, HSCC is currently instructed to ensure that at least one of the managed care providers in each service delivery area is a local plan affiliated with a county hospital district. However, in areas where there are no county hospital districts, such as Hidalgo county, a local managed care plan would not guaranteed nor given extra consideration. To ensure that south Texas is similarly treated to other parts of the state, my amendment creates a process for local managed care plan to be given proper consideration. Move passage.

THE CHAIR: Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker and members. I rise to oppose this particular amendment. Again, it's some small changes in language, but they can have some pretty profound affects. And what we want to be sure is that we don't create a situation that certainly --

THE CHAIR: Mr. Lucio, for what purpose?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: - - situation that creates preferential treatment for a given organization in the area. Now, I think that it is certainly appropriate to have consideration for a locally owned provider in that area, but I think that we need to be careful about some of the language in here. I am concerned that --

THE CHAIR: Mr. Lucio, for what purpose?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: G entleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: J ust for a moment, a couple of other sentences here, Representative Lucio. And then I'm concerned that this can create the prevention of certain other competitors from coming into the region. Again, it's very important that we preserve the competition. It has some negative implications across the state that potentially could cause problems with our other existing managed care contracts. And, for that reason, Mr. Speaker and members, I'm going to respectfully oppose this amendment.

THE CHAIR: Mr. Lucio, for what purpose?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: W ould the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I do.

THE CHAIR: He yields.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: D r. Zerwas. Representative, Doctor, you deserve both titles, my friend. Don't several plans in other parts of the state have -- give preferential treatment to locally owned managed health care providers? I mean all we are talking about here is the difference that we don't have a county hospital taxing district, but we would still -- and that comes with its own set of obstacles in order to create. But why wouldn't you allow us to participate from a local standpoint in the same way that other areas are allowed to participate?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, I think that there is consideration given to locally owned organizations within a given service delivery area but --

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: B ut not in south Texas. Not is in south Texas under your proposed legislation. That's all this does. I mean, unless I'm mistaken, and please correct me if I'm wrong, but all Representative's Gonzales' amendment does is allow us to have local participation in a similar fashion as other managed care organizations do, in other parts of the state. That's all her amendment does.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: C orrect. And I don't think there's any problem with that, Representative Lucio. My primary problem is the potential for this causing the lack of competition in the area.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: W ell, is there a lack of competition in other areas where it's allowed? Has it become a problem in other areas? With that rationale, should we do away with the locally owned managed care organizations that are in other areas that are currently --

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: N ot at all. I mean I may not be making myself clear on this. But there are other potential providers that could provide the service in this area. So we don't want to do anything that says that exclusively you end up with a locally owned provider in the area that perhaps another wouldn't be able to come in.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I t doesn't say that. I believe this amendment says that they will be given additional consideration. Is this language any different than language that was used to allow local consideration, or extra consideration to be given to local managed care organizations in other parts of the area? Is this language any different, other than fact that we don't have a county hospital taxing district?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: M y concern is that it could do that, Representative Lucio. And that's my sense of why we don't want to do that.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: S o did you not have similar concerns, or maybe we weren't here when it happened, but did you not have similar concerns when we did this in other parts of the area? I mean how come we're not allowed to participate in our own area? I mean given the same consideration --

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I don't think there anything there that precludes the potential to be involved in the area. But there could be others that had the capability of providing service in that area, also. And that creates --

REPRESENTATIVE LUCIO: And that capability could have existed in the other areas, but this exact provision was included when we laid out managed care organizations in other areas. This exact provision is just -- all we're asking is for it to be included in our areas as well. Yet you say you have some concerns that it could cut down on competition, but those concerns weren't raised when we did this for Driscoll and Cook's Children's and Texas Children's and Parkland, Community First and all the other areas that have a local flavor in our HCO mix, MCO mix. And I just don't understand how we're singled out -- we were singled out for a reason. There was all this concern because south Texas was very different, very indigent, and so on and so forth. We're taking that consideration away. And now you want to say you need to be included because other parts of the state are. But yet you want to take advantage of a similar provision that you laid out with other rollouts, and we're not being allowed to. And you're opposing Representative Gonzales' amendment. I'm just not sure how that's fair.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, I'm certainly trying to so we preserve the competitive environment there. And that's the primary thing that I'm trying to preserve in terms of as we roll this out.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: H as the competitive environment been preserved in other areas with this provision, when it's been used in the past? This is not a novel provision. We're just adapting it for our area. And in competition has seemed to work out, obviously, do you think favorably of the MCO model and how it's been used in other areas, otherwise you wouldn't be proposing in my area, would you?

REPRESENTATIVE ZERWAS: Well, I think that's at area that the state can look as an effective way to deliver quality care in a cost effective manner. And so for a long time now, as we know, and Chairman Coleman behind you is one of the architects of this. This is not in your area. I know we've had discussions, at least in the two other sessions that I've been here. Y'all have been very helpful in helping me understand the particular needs that y'all have down there. I will say that I think we can move this into the south Texas area, but I think that we have to be careful that we do preserve the ability to have a competitive environment in there. I do have some concerns that this would compromise our ability to do that.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: S o would you not agree that all we're doing is trying to roll it out in a similar fashion that other areas were allowed to be rolled out? That's all her amendment does, is adopt a provision that has been previously used in other areas to say there is a potential provider down here, they have to go through the vetting process, they have to compete, it's not saying that it's guaranteed. They still have to be vetted by HSSC. If they qualify, they will be given some additional consideration because they are local. And because they're local they're better aware of the health care environment in south Texas and all the hurdles and things we have to contend with. How come other areas are allowed to do this, big areas like the areas in Harris County and Houston. But yet in south Texas, poor, border Hispanic community, we're being single out by saying, nope, we're not going to allow you to use a similar provision and allow you to take advantage of that provision. I am just not sure how that is fair.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, again, I think that the consideration here is more of being sure that we can protect the competitive environment, Representative Lucio.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: S o would you -- Would you then accept an amendment that allows me -- to -- to take away any consideration given in any other part of the state for a local HMO? Because if -- if you have consideration that you're going to worry about competition, I think that we should take out any provision that anybody should not be given local -- extra local consideration. If we're not allowed to do it south Texas because you are concerned with competition, then I think we should also propose an amendment that would take it away in every other part of the state. Because that is only fair. You can't say that your concern that we can't manage our business in south Texas and we wouldn't allow for competition, but they can do it in Harris County. Because the way this is rolled out, I mean that's the distinction you're making, if I'm not mistaken; is that somehow this breakdown competition in south Texas, but we've used in Harris County and Dallas and other areas. So would you take an amendment that says we're not going to allow any local consideration when we, I guess, recontract? Because I'm sure there is a time where we where we reup these contracts.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: S ure. The contracts are renewed on a regular basis. And I think such considerations would have to be take into account. But, again, you pointed out that this is a unique area. And at one point you're telling me that, you know, you need to be treated like everybody else, and then I'm all about fairness. But I am also all about preserving the competitive environment, because it's an incredibly important part of making this whole model work.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I -- When I spoke on behalf of her previous amendment, I said I will not get into the merits of HMO and whether or not we need it in south Texas. I understand that there's political will in this Capitol to pass an HMO system in south Texas. And, you know, I've accepted that. Even though my physicians are truly, truly concerned back home. And I have I haven't fought you on that. I don't have a point of order.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: N o, sir.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I 'm not doing anything up her doing anything other than add some amendments on here that would make this a little bit more favorable for south Texas and how we roll it out.

THE CHAIR: Representative Weber raises a point of order. The gentleman's time is expired. The point of order is well taken and sustained. Chair recognizes Representative Gonzales to close. Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: M r. Speaker, members, I will temporarily suspend my motion to table to allow my colleague, Representative Lucio, to speak on the amendment.

THE CHAIR: Chair recognizes Representative Lucio to speak on the amendment.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hank you, Mr. Speaker. Members, I hope you realize -- And realize I haven't been up at the mic this session, and I've tried to choose on which topics to speak on and be selective and be sincere. This is one that's very serious to south Texas. Very close to the medical community down there, because they do so much to provide a great quality of care for the people that I grew up around and love. Now we're getting into a point where we're not even allowed to participate in a similar fashion that other areas of the state are allowed to participate. We are adoption a provision that's been included in other rollouts of MCO's in other parts of the state. That's what we're doing. Allow us to have the same opportunities. The author of this bill, or the sponsor of this Senate Bill, is telling us well, I'm concerned with competition.

THE CHAIR: Representative Coleman, for what purpose?

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: W henever he's ready to yield.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hank you. I will. He tell us that he is concerned with competition and he wants to preserve competition, yet this was not a concern when we rolled out this very similar process in other parts of state. We continue to be singled out in south Texas, and be told what to do and not allowed to have an opportunity to have some say in how we do things. I have not come up here and talked to you very much, at least about the merits of HMOs. I have conceded to the fact that there is political will in this Capitol to pass this in south Texas, even though there was legitimate reasons for keeping it out of the area. Now, I am advocating and pleading with you to just treat us fairly, just treat us like other parts of state. There was no concern with competitiveness when he rolled this out in Harris County or other areas. But all of a sudden a border community in South Texas, who could have a very capable operator of this managed care system in south Texas, who still has to be vetted by HSSC, all of a sudden there's concerns. That's unfair. I would propose to you if we're -- if we're concerned with competition that we take out this provision entirely, and when it comes time to renew our contracts we don't give any consideration in any part of this state to local providers of these HMOs, to local operators of these HMO's. You go back to your areas that you represent, an area that has one of these MCO's and has a local operator of that MCO and say hey, we're not going to do it for the valley so fair is fair. Isn't that what we ask for in this Capitol, that if you represent Austin or Fort Worth or west Texas or east Texas or south Texas, that we all be treated fairly in the laws that we have to live with. And that's -- and that's what it's coming to. We're opposing things because we're going to oppose them, and not because of its merits. And I will yield at this time.

THE CHAIR: Representative Coleman, for what purpose?

REPRESENTATIVE COLEMAN: Would the gentleman yield for a question?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: A bsolutely.

THE CHAIR: He yields.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T he companies that provide HMO services in the state of Texas, are they Texas based companies?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: N ot always.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: M any are not.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: N ot in Texas.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: D o you know why the provision was put in?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I would say to help spur the Texas economy, to help allow for Texas providers?

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: T hat is correct. Because when Texas went to managed care, Texas Children's didn't have a managed care organization. Harris County Hospital District didn't have a managed care organization or an HMO. The same with all over the state. And you're in the same position in the valley that the state was in -- in different regions when managed care was rolled out. Would not you agree?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I would agree. It's our turn and we are now taking part in that competition.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: I t didn't harm competition in any of those areas, did it?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: A s far as I know, they are proposing it in south Texas because it's been this wonderful success in every other place.

REPRESENTATIVE COLEMAN: How many HMOs do you think there will be competing for at business in south Texas?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I would say quite a bit.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: M ore than one?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: M ore than one.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: S o if they're doing this competition, and the competition is not who gets to be the HMO, the competition is the choice of the patient for which HMO they enroll in, is that not correct?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hat's correct.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: S o, the competition is not about who signs up?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: No . Exactly.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: S o, the arguments that have been made don't apply to south Texas, if we're talking about making sure that there's more than one HMO that Medicaid patients have to choose from when they go to sign up to get their care?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hat's correct.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: A nd wouldn't it be great if one of those was home grown?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: A bsolutely.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: S o there's no competition problem, is there?

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: I don't believe so, no.

REPRESENTATIVE GARNET REPRESENTATIVE COLEMAN: W ell, okay. I really want -- Y'all have a good amendment. Chairman Gonzales' has a good amendment.

REPRESENTATIVE EDDIE REPRESENTATIVE LUCIO: T hank you. Thank you. And members, my Colleague, Representative Gonzales, knows quite a bit. She sits on Public Health, she's studied this issue since day one in her term in office. We're not up here trying to fight a partisan debate. We're up here to trying to express to you what our concerns are, and go back and be accountable to our health care community. So, please, really consider how you vote on this amendment. Thank you.

THE CHAIR: Representative Zerwas moves to table. Representative Gonzales to close.

REPRESENTATIVE VERONICA GONZALES: Thank you, members. I think my colleague for my delegation, Representative Lucio, did a very good explanation of what this amendment does. But let's be clear, we all say it here every time that we come up here. That we best know our area, that the locals know best what's good for the locals. And all we're asking for is a consideration be given so that a local MCO, a local managed care organization can be considered to be providing service in this area. We already do it. If you have a hospital district, for those of who that do and already have MCO's there, if you have a hospital district you probably have a local MCO that is part of providing the services. Yet, because we don't have a hospital district, we're not going to have that same advantage of having a local MCO to come and manage the care of our patients. Who best is going to know the needs of the patients in this ten county service area? Who else is going to best know he area itself, and who is best going to know the providers by a local company? Instead, what we're going to do, we're going to be giving this business to an out of state company, an out of state, not Texas, but an out of state a company that's going to come in and be looking at an area that they have no knowledge about. Preferential treatment, that's one of the things that was said up here earlier. This isn't preferential treatment. This is about fairness, this is about making sure that we keep competition but we do it in a way that is going to best provide for the care of those patients. I move passage.

THE CHAIR: Members, Representative Gonzales offers up an amendment. Representative Zerwas moves to table the amendment. The question is on the motion to table. Vote aye or vote nay. The clerk will ring the bell. Show Representative Zerwas voting aye. Show representative Gonzales voting no. Have all voted? Have all members voted? There being 85 ayes, 59 nays and 2 present not voting, the motion to table prevails. Chair recognizes Representative Eissler for a motion.

REPRESENTATIVE ROB EISSLER: Thank you, Mr. Speaker. Members, I request permission for the Committee on Public Education to meet while the House is in session at 5:00 p.m. today, May 19th, at 3N4. That's 3N4, to consider pending business.

THE CHAIR: Members, you've heard the motion. Are there any objections? Chair hears none. So ordered. Following announcement. Clerk will read the announcement.

THE THE CLERK: The Committee on Public Education will meet at 5:00 p.m. on May 19th, 2011, at 3N.4. That will be formal meeting to consider pending business.

THE CHAIR: Following amendment, the clerk will read the amendment. Members, we're on page 11 of our packets.

THE THE CLERK: Amendment by Gonzales of Hidalgo.

THE CHAIR: Chair recognizes Representative Gonzales of Hidalgo. Representative Gonzales of Hidalgo withdraws her amendment. Following amendment, the clerk will read the amendment. Members, we're on page 18.

THE THE CLERK: Amendment by John Davis of Harris.

THE CHAIR: Chair recognizes Representative Davis of Harris.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker. Members, in this actual bill of telemonitoring that was sitting in the calendar's committee, and it deals with the telemonitoring benefits under Medicaid provided by licensed home health agencies and hospitals. Medicaid recipients with one or more specific, chronic diseases, who exhibit two or more specific risk factors. And it's acceptable to the author. And I believe we have an amendment to the -- a couple of amendments to the amendments.

THE CHAIR: Following amendment. The clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by John Davis of Harris.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker and members. In this amendment to the amendment it strikes language relating to the accountable care organizations as HSC does not have the statutory authority to create an ACO. This amendment also says that he HHSSC (inaudible) may create an advisory committee, should it not create an additional burden of costs. I believe this is acceptable to the author. It is acceptable to the author.

THE CHAIR: Representative Davis sends up an amendment. It's acceptable to the author. The following amendment. Clerk will read the amendment. Excuse me. Back up, members. Is there objection to the adoption of the amendment of the amendment? Chair hears none. So ordered. Following amendment to the amendment. Clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Naishtat.

THE CHAIR: Chair recognizes Representative Naishtat.

REPRESENTATIVE ELLIOT NAISHTAT: Thank you, members. This amendment would allow a hospital to provide certain services through telemonitoring, and it adds asthma to the conditions that could be managed through telemonitoring.

REPRESENTATIVE JOHN DAVIS: And it's acceptable.

THE CHAIR: The amendment's acceptable to the author. Are there any objections? Chair hears none. So ordered. Following amendment to the amendment. Clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Schwertner.

THE CHAIR: Chair recognizes Dr. Schwertner.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you Mr. Speaker. This third amendment to the amendment puts a sunset provision of September 1st --

THE CHAIR: Representative Kolkhorst, for what purpose?

REPRESENTATIVE CHARLES SCHWERTNER: -- 2015 for the telemedicine, telemedicine Medicaid reimbursement program.

REPRESENTATIVE LOIS KOLKHORST: So, Mr. Speaker, will the gentleman yield?

THE CHAIR: Does he yield?

REPRESENTATIVE CHARLES SCHWERTNER: He yields.

REPRESENTATIVE LOIS KOLKHORST: I was going to ask Representative Davis, my friend and colleague, that spent a lot of time on the Public Health Committee. But I'll ask you, because one of the things that we worked on the Public Health Committee that was we talked about as we add this to the Medicaid program we were wanting to see some savings. It's not just in addition to, and it could be a cost driver, and I know that we argued that a whole lot. So your amendment to the amendment puts a sunset date on the use of the technology?

REPRESENTATIVE CHARLES SCHWERTNER: That is correct. That sunset date of September 15th, 2015 coincides somewhat with the HSSC.

REPRESENTATIVE LOIS KOLKHORST: And I would ask Representative Davis, we have crafted some of the language on the bill that did get to the calendars, and I think it died on the calendar that night, or wherever it died, or wherever it is that -- It does instruct HSCC to assess the savings and report back to us. Is that your understanding?

REPRESENTATIVE JOHN DAVIS: Absolutely. And it's still alive, Chairwoman Kolkhorst. It's still over in -- it was just reported, voted out, it took 11 days, but it got to calendars yesterday. So it's still able to possibly come up. It's voted out of calendars as a Senate Bill.

REPRESENTATIVE LOIS KOLKHORST: All right. Thank you. Thank you.

REPRESENTATIVE CHARLES SCHWERTNER: All right. Yes, ma'am. I move adoption of this amendment. It's acceptable is to both authors.

THE CHAIR: Representative Schwertner sends up an amendment to the amendment. It's acceptable to the author. Are there any objections? Chair hears none. So ordered. We're now on the Davis amendment as amended. Following amendment, the clerk will read the amendment to the amendment. Clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by John Davis of Harris.

REPRESENTATIVE JOHN DAVIS: And Mr. Speaker, members, this one adds heart attacks and strokes as a chronic condition. And it's acceptable.

THE CHAIR: Mr. Davis offers up an amendment to the amendment. It's acceptable to the author. Are there any objections? Chair hears none. So ordered. Now, we're on the Davis amendment as amended. It's acceptable to the author. Are there objections? Chair hears none. So ordered. Members, we're on page 53 of your packet. Clerk will read the amendment.

THE THE CLERK: Amendment by Perry.

THE CHAIR: Chair recognizes Representative Perry.

REPRESENTATIVE CHARLES PERRY: Members, just a Medicaid payor of last resort bill came out of here a couple of weeks ago and made it out of the Senate. And so I think it's acceptable to the author.

THE CHAIR: Mr. Perry offers up an amendment. The amendment is acceptable to the author. Are there objections? Chair hears none. So ordered. Members, we're on page 56 of your packets. Following amendment. Clerk will read the amendment.

THE THE CLERK: Amendment by Perry.

THE CHAIR: Chair recognizes Representative Perry.

REPRESENTATIVE CHARLES PERRY: Members, this amendment is to -- consistent with Medicaid, an issue that we've started this session regarding fraud, abuse and waste detection. Currently there's an Office of Inspector General under the HSSC office. This is allows an officer -- Office of Inspector General to be set up independent of the HSSC, due to number one, the volume. Number two, the independence factor that we've run into on some fraud and initiate discussions that we've had.

THE CHAIR: Representative Zerwas to speak on the amendment.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker and members. I'm going to rise and oppose and move to table this amendment. I have some concerns, and I know we all do when we hear various bills and amendments that I regard as being somewhat vender specific. That being said, I think that in general we've seen HSSC and the Office of Inspector General save the state about five billion dollars over the past six years, and they are currently increasing their efforts with a variety of new technologies. It does nearly privatize certain parts of the Office of the Inspector General. We also have a new Inspector General, Officer Wilson, who is in this role. And, with that I would respectfully move to table this amendment.

THE CHAIR: Members, Representative Perry offers up -- Chair recognizes Representative Perry.

REPRESENTATIVE CHARLES PERRY: I just ask that you consider it in talking to the current OIG situation that we have, the volume and the case load that we're coming into, the potential fraud abuse scenario and other areas the -- The current OIG has a different threshold, they're looking at different fraud areas. They're overwhelmed, to be perfectly honest with you. The estimates that I have seen are short, I've seen $300 million on the low end and as high as $5.6 billion of other threshold items. This is not a replacement of the current OIG. This is a tool to be used to buy the entire state for Medicaid fraud and this is the AG. We've worked with those guys, we've worked with HHS. Currently in meeting with those, going through data that was submitted from a study that was done earlier this year. So it's not a replace, but it's a tool independent of. And I think it provides a level of independence and a more aggressive approach for a different approach for Medicaid fraud. The current OIG focuses mainly on a higher end pharmaceutical, those kinds of areas. Where this has kind of got a different technology involved, and it's pushing us towards that area where we can better manage Medicaid dollars.

THE CHAIR: Representative Perry offers up an amendment. Representative Zerwas moves to table. Members, the motion is on -- The question is on the move to table. Vote aye or vote no. The clerk will ring the bell. Show Representative Zerwas voting aye. Show Representative Perry voting nay. Have all members voted? Show Representative Lucio voting nay. There being 81 ayes, 53 nays, 2 present not voting; the motion to table prevails. Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Madden.

THE CHAIR: Members, we are on page 58 of your packet. The Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker, members, this deals with TDCJ. It has three sections. It requires TDCJ to have healthy units. It allows certain over the counter products to be sold at the -- at the commissary, and it also has an inmate fee of a hundred dollars a year cost. And I move adoption.

THE CHAIR: Ms. Kolkhorst, for what purpose?

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker, does the gentleman yield?

REPRESENTATIVE JERRY MADDEN: I yield.

THE CHAIR: Gentleman yields.

REPRESENTATIVE LOIS KOLKHORST: Chairman Madden, I just want to get a little clarification. It would be -- on your, the third paragraph on page 58, page one of your amendment, Section 49900055 population management based on inmate's health. Does that begin -- right now, currently, health care at TDCJ is managed either by UTMB or Texas Tech and --

REPRESENTATIVE JERRY MADDEN: That's correct.

REPRESENTATIVE LOIS KOLKHORST: And the vast majority is UTMB. UTMB is responsible for doing on the health care at the units?

REPRESENTATIVE JERRY MADDEN: Right. That's correct.

REPRESENTATIVE LOIS KOLKHORST: We have seen a great reduction in force at those units. Well, not really seeing really anything at hospital Galveston. And so, having said that, is this introducing a different way to do unit care?

REPRESENTATIVE JERRY MADDEN: This is, in fact, was brought to me by UTMB.

REPRESENTATIVE LOIS KOLKHORST: Okay.

REPRESENTATIVE JERRY MADDEN: This section was from them, encouraging TDCJ to put together their inmates in such a manner so they could provide health care in a better manner at the unit, so that they had, first of all, healthy inmates at one place, so that they can, in fact, then concentrate some of the other inmates at other locations, specifically, there. So that they could reduce their cost at some of those facilities, Lois, so that they could have better utilization of our funds.

REPRESENTATIVE LOIS KOLKHORST: And so it in a way begins the privatization of unit care?

REPRESENTATIVE JERRY MADDEN: I'm sorry, say that again?

REPRESENTATIVE LOIS KOLKHORST: Does it begin the privatization of unit care?

REPRESENTATIVE JERRY MADDEN: No, it does not.

REPRESENTATIVE LOIS KOLKHORST: Okay. And so I look forward to working with you on some of the problems we see are there.

REPRESENTATIVE JERRY MADDEN: There is no --

REPRESENTATIVE LOIS KOLKHORST: Seemingly --

REPRESENTATIVE JERRY MADDEN: There is no privatization on this at all.

REPRESENTATIVE LOIS KOLKHORST: Right. So seemingly the model that we have set up has been synovias in kind of -- not an intentional way. This is not -- this is not -- With you we talked about this on Senate Bill 7 and things like this. But the synovias, the sicker the patient is, he or she moves to Hospital Galveston. And in that movement there's more money reimbursed, and that's why we always have the supplemental appropriation --

REPRESENTATIVE RICK HARDCASTLE: That's right.

REPRESENTATIVE LOIS KOLKHORST: -- if we get better management on the units, preventive care, then we would have less cost. And so I look forward to working with you on aligning those incentives where we're going not only with the Medicaid and CHIP population, which is free population out here that we're taking care of, but also as we move in that direction, you know, with our other private health insurance population.

REPRESENTATIVE JERRY MADDEN: And I appreciate that and look forward to --

REPRESENTATIVE LOIS KOLKHORST: I think we need to move forward and have that system moved forward with us as we manage this.

REPRESENTATIVE JERRY MADDEN: Thank you. I move adoption.

THE CHAIR: Representative Madden sends up an amendment. Senator Giddings, for what purpose?

REPRESENTATIVE HELEN GIDDINGS: Thank you very much. Sir, could I ask Representative Madden a question?

THE CHAIR: Gentleman yield?

REPRESENTATIVE JERRY MADDEN: I yield.

REPRESENTATIVE HELEN GIDDINGS: Representa tive Madden, I was multi-tasking there and I'm sorry, I am not as familiar --

REPRESENTATIVE JERRY MADDEN: I think we all are right at this time, Helen.

REPRESENTATIVE HELEN GIDDINGS: Thank you. I'm not as familiar with your amendment as I should be, but are we changing some fee from $3 to a $100?

REPRESENTATIVE JERRY MADDEN: We're changing something that's per visit from $3 to $100 per year for the inmates medical fees. That's correct.

REPRESENTATIVE HELEN GIDDINGS: So right no an inmate or -- is this an inmate or a -- is this someone out in a halfway house or --

REPRESENTATIVE JERRY MADDEN: It actually is anybody who is with TDCJ, so it could be a halfway house. But, in most cases, since this is a fairly small number of people in the halfway houses, in most cases that deals with the people at TDCJ, they have a hundred and 50 some thousand of them there.

REPRESENTATIVE HELEN GIDDINGS: So these are inmates that are -- Well, they're in house and our --

REPRESENTATIVE JERRY MADDEN: That's correct.

REPRESENTATIVE HELEN GIDDINGS: Okay. And so right now they pay three dollars?

REPRESENTATIVE JERRY MADDEN: Three dollars per visit.

REPRESENTATIVE HELEN GIDDINGS: Per visit? And now, we're going to charge them --

REPRESENTATIVE JERRY MADDEN: It'd be a hundred dollars per year.

REPRESENTATIVE HELEN GIDDINGS: Well, gee, I'm completely out of my area.

REPRESENTATIVE JERRY MADDEN: And again, it's only for those who are not indigent. About 49 percent of our people at TDCJ are indigent, and they're not going pay on this fee either. But, or at least that's my definition of what they have in any account at any one time. So it basically is for the other 50, 51 percent.

REPRESENTATIVE HELEN GIDDINGS: So 51 percent of the people that are in TDCJ are so called not indigent?

REPRESENTATIVE JERRY MADDEN: That's by their definition of their terms at TDCJ has right there. I don't think it means any other definition of indigent, but TDCJ has an indigent definition.

REPRESENTATIVE HELEN GIDDINGS: Since I am not familiar with this, and I apologize, would you mind sharing with me the definition of --

REPRESENTATIVE JERRY MADDEN: Sure. They have an account that each of the inmates has that they have each time, and it's a rotating amount so that they have money coming in and going out at different times. And they indicate that somebody has no money of they have five dollars or less in that account. Anyone with more than that has additional, what they call regular spending is money that they have.

REPRESENTATIVE HELEN GIDDINGS: So the -- the definition of indigent for purposes --

REPRESENTATIVE JERRY MADDEN: That they have in their system is it's five dollars in that account for --

REPRESENTATIVE HELEN GIDDINGS: So anybody that has more than five dollars --

REPRESENTATIVE JERRY MADDEN: Is not by their definition indigent.

REPRESENTATIVE HELEN GIDDINGS: And would be subject --

REPRESENTATIVE JERRY MADDEN: Any time Helen, it's a hundred dollars a year. So what happens is that they get funding that comes in periodically from family members, etc. so that they come in. So at one time one person may have less than five dollars and the next have $250 or $300 in the account so --

REPRESENTATIVE HELEN GIDDINGS: So we're not -- we're not trying to -- to obviously have any kind of -- a lot of privileges and that kind of thing. But health care is a little bit different so --

REPRESENTATIVE JERRY MADDEN: Is a major cost, and Helen, probably are aware in our budget negotiations, we've got a shortfall even in the current time, with managed health care, and I'm trying to help in every way we can to make sure that we have any reasonable way that we can find some additional funds, and this generates about 13 million dollars in the biennium for what would be our correctional managed health care.

REPRESENTATIVE HELEN GIDDINGS: Well somebody else wants to ask a question, so I want to hurry along. But with this $100 annually, do they just pay it as the families put the money in that account?

REPRESENTATIVE JERRY MADDEN: It could be ongoing. I mean if they have it at one time they'll take it, they'll take it up to $50 at one time.

REPRESENTATIVE HELEN GIDDINGS: If they got sick, Representative Madden and --

REPRESENTATIVE JERRY MADDEN: They would immediately have health care. It doesn't affect their ability to services, Helen.

REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker, would the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE JERRY MADDEN: Of course. I always yield to my good friend, Mr. Turner.

REPRESENTATIVE SYLVESTER TURNER: Thank you, Chairman Madden. Now, this is a fee that you are charging on every inmate?

REPRESENTATIVE JERRY MADDEN: That's everyone at TDCJ, that's correct.

REPRESENTATIVE SYLVESTER TURNER: And you are saying -- so every -- every inmate that's in TDC will be a --

REPRESENTATIVE JERRY MADDEN: They would, Sylvester, unless they meet an indigency requirement. They said it's about 40 to 50 percent would fit in with that indigent requirement.

REPRESENTATIVE SYLVESTER TURNER: And right now the fee that they are -- that they are paying -- Are they paying a fee right now?

REPRESENTATIVE JERRY MADDEN: Three dollars each visit. So they go out, they go to the -- they go to the -- their doctor, you know, one day, and then they go three days and then they go three days later, they'll be paying $3 each time. This equates to about $8 a month.

REPRESENTATIVE SYLVESTER TURNER: But Jerry, your fee is going from $3 to $100.

REPRESENTATIVE JERRY MADDEN: Well, it's going to $3 per visit to $100 a year.

REPRESENTATIVE SYLVESTER TURNER: Right. I understand that. What happens if an inmate doesn't pay it -- suppose --

REPRESENTATIVE JERRY MADDEN: Nothing. Nothing.

REPRESENTATIVE SYLVESTER TURNER: Okay then --

REPRESENTATIVE JERRY MADDEN: If they don't have the money, they won't pay it. It'll come out of their commissary account, Sylvester.

REPRESENTATIVE SYLVESTER TURNER: I'm sorry?

REPRESENTATIVE JERRY MADDEN: It comes out of the commissary account, if they have money there it'll come out. If it doesn't, then they won't. They'll have payment.

REPRESENTATIVE SYLVESTER TURNER: Right. I am seeing in your amendment that it says that it would come out of the profits. The profit -- it will come out of the profits of inmates' commissaries.

REPRESENTATIVE JERRY MADDEN: Right. That's the commissary funds.

REPRESENTATIVE SYLVESTER TURNER: Right. How does that program work right now?

REPRESENTATIVE JERRY MADDEN: It's money that that's put in by either the inmates themselves, and/or family members for the purchase of whatever they would buy from the commissary, or any of the products that they want to purchase at that time, it would come out of that. It also may come in, Sylvester, if they are working for the facilities at the prison industries, or something like that.

REPRESENTATIVE SYLVESTER TURNER: Jerry, where is the -- In what other states or how many other states is this being done?

REPRESENTATIVE JERRY MADDEN: Sylvester, I can't tell you. I don't know. This was brought to me in all honesty by the UTMB people --

REPRESENTATIVE SYLVESTER TURNER: UTMB --

REPRESENTATIVE JERRY MADDEN: Was to help us, was to help us with the cost --

REPRESENTATIVE JIM MURPHY: U.

REPRESENTATIVE SYLVESTER TURNER: Let me make sure I understand that. UTMB brought you this amendment?

REPRESENTATIVE JERRY MADDEN: This was brought to me a long time ago --

REPRESENTATIVE SYLVESTER TURNER: By UTMB?

REPRESENTATIVE JERRY MADDEN: It was brought to me people from the managed health care area. And, yes, they suggested this as an idea, yes.

REPRESENTATIVE SYLVESTER TURNER: You know, I normally support UTMB. But when UTMB resorts to something like this, Jerry, I have a problem with this amendment.

REPRESENTATIVE JERRY MADDEN: I understand, Sylvester.

REPRESENTATIVE SYLVESTER TURNER: You know, so if they don't have the money and then -- and then we are kind of changing the amendment --

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

REPRESENTATIVE JERRY MADDEN: Thank you.

REPRESENTATIVE SYLVESTER TURNER: Parliame ntary inquiry, Mr. Speaker?

THE CHAIR: State your inquiry.

REPRESENTATIVE SYLVESTER TURNER: Is the author intending to accept this amendment?

THE CHAIR: The author is intending to accept this amendment.

REPRESENTATIVE SYLVESTER TURNER: And point of inquiry, Mr. Speaker. Is SB23 pertaining -- is it pertaining to -- pertaining to managed health care, is it not?

THE CHAIR: SB 23 deals with the administration of efficiency and cost saving, fraud prevention and funding measures for certain health and human services, and health benefit programs, including the medical assistance and child health care programs.

REPRESENTATIVE SYLVESTER TURNER: Includin g -- I didn't hear the last part of that, Mr. Speaker? A child health?

THE CHAIR: Mr. Turner, please repeat that question.

REPRESENTATIVE SYLVESTER TURNER: What was the last part of that, a child's health? It was something. I just don't see anything in this bill that pertains to inmates, Mr. Speaker. And I think this is an extension of Senate Bill 23. And, on that basis, I raise a point of order on two subjects, and I will call a point of order on the amendment.

THE CHAIR: Please bring your point -- Members, Representative Turner raises a point of order. Please bring your point of order down. Members, the point of order is withdrawn. Chair recognizes Representative Turner to speak against the amendment. Members, Representative Madden withdraws the amendment. Members, we're now on page 61 of your packet. Chair offers the following amendment. Clerk will read the amendment.

REPRESENTATIVE SYLVESTER TURNER: Remove the previous question.

THE THE CLERK: Amendment by Alonzo.

THE CHAIR: Following amendment to the amendment, members. Clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Alonzo.

THE CHAIR: Chair recognizes Representative Alonzo.

REPRESENTATIVE ROBERTO ALONZO: Mr. Speaker, members, what this -- The amendment to the amendment is acceptable to the author.

THE CHAIR: Representative Alonzo brings up an amendment to the amendment. The amendment is acceptable to the author. Are there any objections? Chair hears none. So ordered. We're now on the Alonzo amendment as amended. The Chair recognizes Representative Alonzo.

REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Speaker. Members, will you tell me -- Let me tell you what the amendment allows for doctors in the region of the Texas border to be a part of the Medicaid managed care. But what I did was, in the amendment to the amendment, is made it permissive. And speaking with Dr. Zerwas he said he would accept it with permissive language.

THE CHAIR: Chair recognizes Representative Zerwas to speak on the amendment.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker and members. I've had an ongoing conversation with Representative Alonzo on this issue. As it was originally written it would say they shall require each managed care organization that contracts with the commission under any Medicaid managed care model arrange to provide health care to recipients in the region, including a region consisting of all or a part of the Texas Mexico border. The issue with this come in is there any willing providers scenario here. And by making it may doesn't really change anything currently, or an opportunity for a managed care organization to do that. If the word shall was in there then it would create an any willing provider scenario. That makes it very difficult for the managed care organizations to manage their network of providers, which is very important in terms of providing cost effective high quality services. So though I accept this amendment with the word may in there, with it becoming permissive, I have to add this editorial that it does not -- it is not something that is really requiring the managed care organizations to do this, and it typically is not something that allows them to deliver services in a cost effective manner. So, with that editorial, I will accept the amendment.

THE CHAIR: Representative Alonzo sends up an amendment. The amendment is acceptable to the author. Are there any objections? Chair hears none. So ordered. Members, we're on page 65 of your packets. Chair offers amendment. The clerk will read the amendment.

THE THE CLERK: Amendment by Landtroop.

THE CHAIR: Chair recognizes Representative Deshotel for an announcement -- for a motion.

REPRESENTATIVE JOE DESHOTEL: I request permission for the Committee on Business and Industry to meet while the House is in session at 5:32, today, Thursday, May 19, 2010 in room 3N3 to consider SB 1425.

THE CHAIR: Members, you've heard the motion. Are there objections? Chair hears none. So ordered. Members, the following announcement. Clerk will read the announcement.

THE THE CLERK: The Committee on Business and Industry will meet at 5:32 p.m. on May 19th, 2011, at 3N.3. This will be a formal meeting to consider SB 1425.

THE CHAIR: Members, we're now back on the Landtroop amendment. Chair recognizes Representative Landtroop.

REPRESENTATIVE JIM LANDTROOP: Thank you, Mr. Speaker and members. This amendment simply states that any money received by Health and Human Services agencies --

THE CHAIR: Mr. Castro, for what purpose?

REPRESENTATIVE JOAQUIN CASTRO: I'll let him lay it out and then I'll --

REPRESENTATIVE JIM LANDTROOP: -- for family planning services may only be awarded, or otherwise provided to a facility that does not perform abortion or provide abortion related services.

REPRESENTATIVE JOAQUIN CASTRO: Will the gentleman yield for a question?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE JIM LANDTROOP: Absolutely.

REPRESENTATIVE JOAQUIN CASTRO: Thanks, Representative Landtroop. In your amendment, can you define abortion related services?

REPRESENTATIVE JIM LANDTROOP: That will be any services that are related to the act of providing an abortion.

REPRESENTATIVE JOAQUIN CASTRO: Well, obviously, there are several steps in that process. So I guess let me ask you specifically. Would it include a pregnancy test, for example?

REPRESENTATIVE JIM LANDTROOP: If that facility -- If the facility does -- It doesn't address specific items that you're talking about. If that facility performs abortions or abortion related services, a pregnancy in and of itself is not an abortion related service.

REPRESENTATIVE JOAQUIN CASTRO: Well, I guess how about a sonogram?

REPRESENTATIVE JIM LANDTROOP: A sonogram, with the intent of providing an abortion in the event that it's positive, then I will say yes.

REPRESENTATIVE JOAQUIN CASTRO: Well, I guess part of my concern is that the amendment is written so broadly in terms of its language that it could be read, once this law is passed, to include anybody that does those services, which are, of course, part of what you would do if you, in fact, performed an abortion.

REPRESENTATIVE JIM LANDTROOP: Right.

REPRESENTATIVE JOAQUIN CASTRO: So I guess my concern is the amendment is a bit broad. But I guess we can get back to that in a second. So women will not be able to receive these tests from a state hospital because the assumption is that these tests are abortion related services, for example?

REPRESENTATIVE JIM LANDTROOP: I'm sorry?

REPRESENTATIVE JOAQUIN CASTRO: Each these individual, I guess, processes, right, whether it's a pregnancy test or a sonogram, all of these tests go into abortion, aside from just literally the operation itself?

REPRESENTATIVE JIM LANDTROOP: Right.

REPRESENTATIVE JOAQUIN CASTRO: And so would you be willing to take language to your amendment that would tighten up your definition of what you're trying to accomplish?

REPRESENTATIVE JIM LANDTROOP: Well, I'd have to see the language first. But my intent is not to say anybody that performs a sonogram -- it is to say money cannot go to a facility that performs abortions or abortion related services. It's not meant to outlaw any facility that performs a sonogram. Because even though you do perform a sonogram before you have an abortion, just because you have a sonogram doesn't mean you are going to have an abortion.

REPRESENTATIVE JOAQUIN CASTRO: Okay. And we agree on that. But you acknowledge, I guess, do you acknowledge, I guess, within the language of your amendment that the situation that your -- that I'm describing could be included? In other words, that it night over reach?

REPRESENTATIVE JIM LANDTROOP: Well, I -- like I say, I am not willing to admit that. But if you want to bring some language, I will certainly take a look at it.

REPRESENTATIVE JOAQUIN CASTRO: Okay. Sure. And then does it -- Would the language of you amendment mean that a facility could never have in the past, or in the future, perform an abortion? For example, if there was a facility that performed the abortion -- an ever abortion, ever, in the past; are they disqualified from this?

REPRESENTATIVE JIM LANDTROOP: I would say if they have a record of performing abortions, yes.

REPRESENTATIVE JOAQUIN CASTRO: So even if it was a facility that didn't currently perform abortions, then your amendment would still prohibit funds from going to that organization?

REPRESENTATIVE JIM LANDTROOP: If they have a record of performing abortions --

REPRESENTATIVE JOAQUIN CASTRO: But does the tense matter? In other words, past tense, present tense?

REPRESENTATIVE JIM LANDTROOP: Well, no. Because anybody can stand up and say, you know, that abortion I did yesterday that's the last one I'm going to do, so let me have this money. So --

REPRESENTATIVE JOAQUIN CASTRO: So but I mean for our purposes here, just to get a better understanding of what the law that you're trying to pass, you're making no distinction between some -- an organization that did it in the past and one that does it now?

REPRESENTATIVE JIM LANDTROOP: No. I'm not making any distinction between those.

REPRESENTATIVE JOAQUIN CASTRO: Okay. So even if an portion performed -- say a state hospitals or hospital, an abortion as part of an emergency procedure?

REPRESENTATIVE JIM LANDTROOP: No, that's not included.

REPRESENTATIVE JOAQUIN CASTRO: Is there language in your amendment that exempts emergency procedures?

REPRESENTATIVE JIM LANDTROOP: Not in this amendment.

REPRESENTATIVE JOAQUIN CASTRO: Would you be willing to take language that would exempt emergency procedures?

REPRESENTATIVE JIM LANDTROOP: I would be willing to take language that would exempt emergency in the life of the mother.

REPRESENTATIVE JOAQUIN CASTRO: Okay. Do you know how many hospitals in Texas currently receive some form of family planning from the state, and how many of these currently provide abortions or abortion related services?

REPRESENTATIVE JIM LANDTROOP: I'm not advised.

REPRESENTATIVE JOAQUIN CASTRO: I guess I'm trying to get some sense of the scope of your amendment and what it, you know, the effect that it is going to have on hospitals in the state. No, I'm not advised.

REPRESENTATIVE JIM LANDTROOP: My intent isn't to harm hospitals, my intent is to save unborn children.

REPRESENTATIVE JOAQUIN CASTRO: No, I understand that's you're intent. It's just that this, you know, you're obviously, if your amendment goes on to the bill and the bill passes, it will have the effect, you know, it will have the effect of -- or will affect hospitals and different medical organizations. And so, you know, I think it's wise that we understand the entire consequence -- realm of consequences. I think Representative Villarreal has a few questions himself, so I'm going to yield to him and we'll talk about some of that language.

REPRESENTATIVE JIM LANDTROOP: Thank you.

THE CHAIR: Mr. Villarreal, for what purpose?

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

THE CHAIR: Gentleman yield.

REPRESENTATIVE JIM LANDTROOP: I will.

THE CHAIR: Gentleman yields.

REPRESENTATIVE MIKE VILLARREAL: Thank you, Jim. There are new pharmaceutical drugs that also I think are in the debate of whether they're classified as contraceptives or abortion services. Take a morning after pill. Would you consider that an abortion?

REPRESENTATIVE JIM LANDTROOP: I would consider an abortion any measure that pre-maturely ends the life of an unborn child.

REPRESENTATIVE MIKE VILLARREAL: And I guess my question is if a hospital provides access to the morning after pill, would that hospital not be allowed to receive state funding?

REPRESENTATIVE JIM LANDTROOP: Well, I think it would be up to -- this doesn't specifically address that, like you just said. That's still under debate. I think if that falls under the commonly accepted practice of being an abortion, then that would apply.

REPRESENTATIVE MIKE VILLARREAL: Do you believe that contraception is maybe somehow inside the net of abortion related services?

REPRESENTATIVE JIM LANDTROOP: Providing contraception an abortion related service?

REPRESENTATIVE MIKE VILLARREAL: Contracep tives?

REPRESENTATIVE JIM LANDTROOP: No, I don't believe so. I do believe that life begins at the moment of conception. That anything that prevents that conception, I would not -- I would not believe that would be under this bill.

REPRESENTATIVE MIKE VILLARREAL: Okay. Thank you.

REPRESENTATIVE CRAIG EILAND: Mr. Speaker, would the gentleman yield?

THE CHAIR: Representative Eiland, for what purpose?

REPRESENTATIVE CRAIG EILAND: Will the gentleman yield?

REPRESENTATIVE JIM LANDTROOP: Yes, I will.

THE CHAIR: He yields.

REPRESENTATIVE CRAIG EILAND: So on line 16 the quote, abortion related services, is that a defined term anywhere?

REPRESENTATIVE JIM LANDTROOP: I'm not advised if that's defined outside of this, and it's not defined in this.

REPRESENTATIVE CRAIG EILAND: It's not defined?

REPRESENTATIVE JIM LANDTROOP: No.

REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker?

THE CHAIR: Representative Turner, for what purpose?

REPRESENTATIVE SYLVESTER TURNER: Will the gentleman yield?

THE CHAIR: Gentleman yields.

REPRESENTATIVE SYLVESTER TURNER: Represen tative Landtroop, let me make sure I understand your amendment. If there is any hospital, any clinic, any organization, that receives any -- that is performing any abortion, whether it's for the health, the safety, rape, you name it; you are saying in your amendment that any hospital anywhere in the State of Texas, cannot receive any money, even from a managed health care system? Is that the intent of this amendment?

REPRESENTATIVE JIM LANDTROOP: That's what this amendment says. I think Mr. Castro brought up some questions about that, and I'm willing to -- I think -- I don't know if he's working on language on that to --

REPRESENTATIVE SYLVESTER TURNER: Because that's -- Because if your amendment goes on to this bill, if it's UTMB, if it's MD Anderson, if it's UT Southwestern, any hospital in this state; if they're performing any abortions for any reasons this amendment would cut off their funding?

REPRESENTATIVE JIM LANDTROOP: That is correct. And, again --

REPRESENTATIVE SYLVESTER TURNER: Again, and that's what you want? That's what you want?

REPRESENTATIVE JIM LANDTROOP: And, again, I'm willing to work with Mr. Castro on some language --

REPRESENTATIVE SYLVESTER TURNER: And you are going to cut their funding for everything? Are you sure?

REPRESENTATIVE JIM LANDTROOP: No. What this says is any money --

REPRESENTATIVE SYLVESTER TURNER: It says any money received by Health and Human Services agencies for family planning services, including grant money, may only be awarded or otherwise provided to a person of facility that does not perform abortions or provide abortion related services. It is a very open ended amendment, as I read it. I mean, if that's your intent, that's your intent. It is what it is.

REPRESENTATIVE JIM LANDTROOP: I will temporarily pull this down and work with Mr. Castro on some amended language on this.

REPRESENTATIVE SYLVESTER TURNER: Why don't you just put it in the file that calls permanency, not to be reopened or redrafted.

REPRESENTATIVE JIM LANDTROOP: I'm sorry?

THE CHAIR: Representative Landtroop temporarily pulls his amendment down. Representative, we're now on page 66 of your packet. Chair offers up an amendment. The clerk will read the amendment.

THE THE CLERK: Amendment by Guillen.

THE CHAIR: Chair recognizes Representative Guillen. The amendment is withdrawn. Members, we are on page 69 of your packet. Chair offers up the amendment. The clerk will read the amendment.

THE THE CLERK: Amendment by Guillen.

THE CHAIR: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, this amendment will explore the benefits of Medicaid recipients eligible for home health services, so they can stay at home and within the community at a lower cost to the state. It creates a pilot program under the DADS in order to better determine eligibility of patients who qualify for home health care. And it is acceptable to the author. Move passage.

THE CHAIR: Representative Guillen sends up an amendment. The amendment's acceptable to the author. Are there any objections. Chair hears none. So ordered. Members, the following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Miller of Erath.

THE CHAIR: Chair recognizes Representative Miller of Erath. Members, the amendment is withdrawn. The following amendment, the clerk will read the amendment. Members, we're on page 79 of your packet.

THE THE CLERK: Amendment by Brown.

THE CHAIR: Chair recognizes Representative Brown.

REPRESENTATIVE FRED BROWN: Thank you, Mr. Speaker, members. Members, I don't want you to think for one second that I have anything less than total, total disdain for PBM's. They have raped and pillaged our country by and large, our country and our state for years and years, and they go almost totally unregulated in the State of Texas. You know, if you're on Appropriations, the first thing you notice as you start through the process and I've spent four terms on Appropriations, as the large (inaudible) of some of our agencies. And that biggest agency is Health and Human Services. We spend 30 billion dollars a year on prescription drugs for Medicaid recipients. And never have we ever had an audit done. Ever. The average states audit for their Medicaid programs is 17 percent in over charging. If we only -- if we only saw a ten percent over charge that we recouped as a state that would be enough to take care of our public education funding that we're all desperately looking for right now. So the amendment that I have, I have an amendment to the amendment also, but the amendment that I have says if you are a pharmacy benefit manager and you're managing prescription drugs for the State of Texas, that if you have been convicted of being a bad actor in the program, then you can't get -- you have to pay a five hundred thousand dollar fine and you can't be a part of the program.

REPRESENTATIVE SID MILLER: Mr. Speaker?

THE CHAIR: Representative Miller, for what purpose?

REPRESENTATIVE SID MILLER: Would the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE FRED BROWN: Yes, sir.

THE CHAIR: Gentleman yields.

REPRESENTATIVE SID MILLER: Representative Brown, I think you have a good amendment. I was just wondering, I think recently saw where the AG was actually suing and that PBM's were having to reimburse the State of Texas, and the I think the State of Texas won that lawsuit; is that right?

REPRESENTATIVE SERGIO MUNOZ: Yes, sir. In fact, since 2001, since 2001, the Attorney General has sued PBMs that operate in the State of Texas for eight hundred and twenty-eight million dollars that they've recouped. $828 million. Now, why would we want to do business with somebody that continually screws us? Because that's exactly, exactly what we're doing.

REPRESENTATIVE FRED BROWN: Isn't that, Representative Brown, isn't that not just isolated to Texas, but hasn't that been the trend across all the states employ the PBM's?

REPRESENTATIVE FRED BROWN: Yes, sir. It sure is.

REPRESENTATIVE SID MILLER: Would you say that that's a common practice in just the cost of doing business for PBM's? REPRESENTATIVE LINDA HARPER-BROWN: It is -- it is part of their daily routine. You know, I had a stand alone bill earlier in the session and within a matter of a hours PBM's had a small army -- they had a large army of lobbyists here to make sure that my bill didn't get done.

REPRESENTATIVE SID MILLER: Why would we not want to at least review these contracts, do at least an annual audit?

REPRESENTATIVE FRED BROWN: I don't know. And I hope somebody has an amendment that will take care of that in the future, because we have never audited our program.

REPRESENTATIVE SID MILLER: Would it not possibly save us some money? Don't you think that some we need to have transparency and daylight in this process?

REPRESENTATIVE FRED BROWN: Yes, sir. It would save us a minimum of ten percent. Other states it averages seventeen percent.

REPRESENTATIVE SID MILLER: Seventeen perc ent?

REPRESENTATIVE FRED BROWN: Yes, sir. $30 billion a year.

REPRESENTATIVE SID MILLER: How much?

REPRESENTATIVE FRED BROWN: $30 billion a year.

REPRESENTATIVE SID MILLER: How much?

REPRESENTATIVE FRED BROWN: $30 billion a year.

REPRESENTATIVE SID MILLER: Thank you.

REPRESENTATIVE FRED BROWN: Members, I do have an amendment for this amendment.

THE CHAIR: Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Brown.

REPRESENTATIVE FRED BROWN: Members, I made this change, Mr. Speaker, members, I made this change on this amendment to the amendment; and this brought this into what TCC wanted. They said if I would --

THE CHAIR: Representative Torres, for what purpose?

REPRESENTATIVE RAUL TORRES: Will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE FRED BROWN: Yes, sir. I do.

THE CHAIR: He yields.

REPRESENTATIVE RAUL TORRES: Representativ e Brown, can you just tell me in a nutshell what does your amendment do again?

REPRESENTATIVE FRED BROWN: The amendment to the amendment increases -- it decreases from five years to three years. If you have -- if you've been a bad player it drops it down to within the last three years and you can't do business in Texas with HHSC. And it also increases the -- the penalty from a hundred thousand to five hundred thousand dollars.

REPRESENTATIVE RAUL TORRES: So basically without the amendment these providers can continue to do business and defrauding the taxpayers of Texas up to $30 billion a year; is that correct?

REPRESENTATIVE FRED BROWN: Yes, sir. 30 billion.

REPRESENTATIVE RAUL TORRES: Representative Brown, why do you think they have been allowed to go on unchecked, without any validation of their integrity or the type of quality of work they do?

REPRESENTATIVE FRED BROWN: Because they're almost totally unregulated. We have almost zero regulations for these people, and we never audit them on top of that. So we don't know if they're good players or not. Only the Attorney General has been able to penetrate that bill.

REPRESENTATIVE RAUL TORRES: Representative Brown, as a former auditor of companies, I can tell you that any organization that does not have a regular audit is a foundation for possible fraud, abuse of power, just to name two. Not to mention, imagine all the children, all those that are less fortunate that we could help with $30 billion. You've got a great amendment.

REPRESENTATIVE FRED BROWN: Thank you so much.

REPRESENTATIVE RAUL TORRES: Thank you, Representative Brown.

REPRESENTATIVE JOE DESHOTEL: Mr. Speaker?

THE CHAIR: Mr. Deshotel, for what purpose.

REPRESENTATIVE JOE DESHOTEL: Question, I have a question.

THE CHAIR: Will the gentleman yield?

REPRESENTATIVE FRED BROWN: Yes, sir. I will.

REPRESENTATIVE JOE DESHOTEL: Representati ve Brown, how much do they rip off the people for?

REPRESENTATIVE FRED BROWN: I'm sorry?

REPRESENTATIVE JOE DESHOTEL: How much do they rip off the citizens of Texas?

REPRESENTATIVE FRED BROWN: Well, so far 828 million is what the Attorney General, since 2001, has been able to recoup from PBM's.

REPRESENTATIVE JOE DESHOTEL: Thank you.

REPRESENTATIVE FRED BROWN: Yes, sir. With that, members, I don't know if Dr. Zerwas was going to take this amendment or not, but hopefully he will.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker --

THE CHAIR: Mr. Brown sends up an amendment to the amendment. The amendment's acceptable to the author. Now we're on the Brown amendment as amended. Chair recognizes Representative Zerwas to speak against the amendment.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you. Thank you, Mr. Speaker and members. Representative Brown and I have had a fun time with the whole issue related to pharmacy, pharmaceuticals and pharmacy benefit managers and so forth. And so I do rise to oppose it. You've heard some degree, some compelling testimony here that this is why haven't we been doing this? And the reality is that we don't have the problems with the PBM's, per se. Now, the AG may have some problems with some of the manufacturers out there, but my concern about this is it does have the potential to limit access to pharmacy services. We can't address this by existing statute, by some of the goals that are in place. I would make one point that on page two there was a provision that you're proved -- you are guilty until you're proven innocent. I don't think really that's the position that we typically take. I understand and I appreciate Chairman Brown's position with reference to this. We have had a long conversation about it. We just ended up on other side of the table on this. I do ultimately think it will be a cost burden to HHSC --

THE CHAIR: Representative Castro, for what purpose?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: - - probably accomplish this within the realm of the statutes that we have before us. And, with that, I would move to table. And would yield to Representative Castro.

THE CHAIR: Gentleman yields.

REPRESENTATIVE JOAQUIN CASTRO: Thank you, Representative. Representative, do you acknowledge that Representative Brown, the purpose of his amendment is to help cut down on fraud in this program?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I believe that's the intent.

REPRESENTATIVE JOAQUIN CASTRO: And do you recall the numbers? I believe there was a number of 800 -- hundred plus million dollars in fraud that's been discovered and recouped by the department since 2001; is that right?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I 'm sorry, Representative Castro, could you repeat that question?

REPRESENTATIVE JOAQUIN CASTRO: Do you agree with Representative Brown's analysis or comments that there's been over $800 million in fraud that's been recouped by the Attorney General from this -- in this program or from providers in this program?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, I know that there has been some fraud and there has been some recouped money from this. So yes, within the realm that we continue to monitor this throughout the program, not just in this area. We make some very significant efforts to reduce fraud and the problems associated with that.

REPRESENTATIVE JOAQUIN CASTRO: Well, I know that that's part of your rationale for tabling this amendment. So can you describe to me what the current efforts are to reduce fraud in this program?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: No , I can't. Perhaps you can educate me on that.

REPRESENTATIVE JOAQUIN CASTRO: Actually, I don't know, Representative. But I do know that this is looking like a fairly good way to combat that fraud. And the reason I ask that question is this: You know, there is narrative around this Capitol that it's individuals in society who are the ones that live off the government, or cheat the government or get welfare and don't work and don't carry their fair share, when, in reality, a lot of the waste and a lot of the fraud and a lot of lost money from government comes from people bilking the government, people, corporations, businesses that are bilking the government. Yet we when we get legislation in front of us to do something about it we often don't adopt it. And again, here, you're making a motion to table a piece of legislation that would actually help us in combating that.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W ell, I'll say, based on the conversation -- and Representative Brown, I think that this is an amendment that ultimately the body would like to accept. I'll accept it. I feel that we do have existing statutes that could do that.

REPRESENTATIVE JOAQUIN CASTRO: Well, thank you very much.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: R epresentative Brown and I can accept this one.

REPRESENTATIVE JOAQUIN CASTRO: We appreciate that, Representative. Thank you.

THE CHAIR: Representative Brown sends up an amendment. The amendment is acceptable to the author. Are there any objections? Record vote has been requested. Record vote is granted. Clerk will ring the bell. The question is on the Brown amendment. Show Representative Brown voting aye. Show Representative Zerwas voting aye. Show Representative Zedler voting aye. Show Representative Patrick -- Members, you have buttons on your desk. Members, have all members voted? Show Representative Taylor voting aye. Being a 138 ayes, 3 nays, 3 present not voting, the amendment is adopted. Representative Brown to take a victory lap.

REPRESENTATIVE FRED BROWN: Members, thank you. Chalk one up Keffer for the taxpayers of Texas.

THE CHAIR: Mr. Keffer, for what purpose?

REPRESENTATIVE JAMES KEFFER: Yeah, is that Mr. Brown's first bill? Is that what the deal was here or what? Mr. Speaker?

THE CHAIR: Mr. Keffer, for what purpose?

REPRESENTATIVE JAMES KEFFER: I do have a serious question for the author when he gets back up, please.

THE CHAIR: Following amendment, the clerk will read the amendment. We're on page 81, members.

THE THE CLERK: Amendment by Hopson.

THE CHAIR: Chair recognizes Representative Hopson.

REPRESENTATIVE CHUCK HOPSON: Mr. Speaker, members. In recent years the Texas Employee and Retirement Benefits Program have required health plan contractors to contract and take back incorrect and unapproved communications to the beneficiaries. This amendment mandates managed care organizations, health maintenance organizations, pharmacy benefit manager to provide notice ten days prior to communicate to planned beneficiaries. I think it's acceptable to the author and I would move passage.

THE CHAIR: Representative Hopson sends up an amendment. The amendment's acceptable to the author. Are there any objections? Chair hears none. So ordered. Chair recognizes Representative Hunter for a motion.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I request permission for the Committee on Calendars to meet while the House is in session at 5:15 p.m. today, May 19th, place 3W15, to consider a calendar.

THE CHAIR: Members, you've heard the motion. Are there objections? Chair hears none. So ordered. Following announcement. The clerk will read the announcement.

THE THE CLERK: The Committee on Calendars will meet at 5:15 p.m. on May the 19th, 2011, in room 3W.15. This will be a formal meeting to consider a calendar.

THE CHAIR: Mr. Keffer, we have a couple more amendments before Dr. Zerwas will be back. Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Shelton.

THE CHAIR: Chair recognizes Dr. Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker. Members, Dr. Shelton is in a committee meeting. This is a very simple amendment. It just says that addressing medical director qualifications and states that for somebody to serve as a director of a managed care plan in the State of Texas they should, in fact, be licensed to practice medicine in the State of Texas. And it's acceptable to the author.

THE CHAIR: Chair recognizes Representative Keffer for a question.

REPRESENTATIVE JAMES KEFFER: Thank you, Mr. Speaker. Dr. Zerwas, I'm just -- All of a sudden our office is getting lit up by questions on this bill in general. It wasn't an amendment. And on a lot of calls that we're getting right now from independent pharmacists, local rural pharmacists, all of a sudden saying this is going to hurt their business, that we're taking -- we're delaying participation or not -- -- we're cutting out participation in market places where changing extension fees that will -- they say is going to hurt their business. And how does -- how does the bill affect, over all effect local pharmacies and independent pharmacies and across Texas, over rural Texas in particular?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I think what we did -- I think those are good questions, and they're ones that we've been actually been dealing with for quite some time during the development of this bill and the variety of the amendments that have been put on. Chairman Hopson is joining me now. We worked with Chairman Hopson to address what were some very specific needs that came out of perhaps the small business pharmacy or some of the pharmacies in the more rural areas. And Representative Hopson, of course, works in one of the small areas out there, and helped us come up with what were some of the key things that needed to be in this bill that bring -- confront that -- these businesses, in fact, would not be asked. And, specifically, we did put in there any willing provider related to pharmacies. And I would be happy to yield to Chairman Hopson, perhaps address some of those concerns. Thank you.

THE CHAIR: Chair recognizes Representative Hopson.

REPRESENTATIVE CHUCK HOPSON: Thank you Mr. Chairman. Zerwas is -- Chairman Zerwas was very, very cooperative over the last few days and helping to work on this. And the first amendment he offered had a doing any willing provider, it did away with compulsory mail order. It allowed the -- the 90-day prescription plan. And several things that we've worked for, that should make this bill much more acceptable to the small retail pharmacist than it was to start off with.

REPRESENTATIVE JAMES KEFFER: So your profession, independent pharmacist, rural pharmacist, in your opinion; in working with Dr. Zerwas, the field has not be tilted to the larger companies, or whatever, to take away business? When you say willing provider, that's anybody. But they -- are independent pharmacist, local pharmacist can make -- there's still a fee base or whatever that they can participate? I mean the tables are not tilted to the big guys leaving, you know, the small providers out that, you know, sometimes that we say that but then we still table away from the independence in anything. And I'm just wondering, though, in your opinion they can still participate, they can still contribute in -- in -- in this industry -- in the the local -- that we're not taking business away from them?

REPRESENTATIVE CHUCK HOPSON: I think we'll always -- look at some of the larger businesses have a little less than level playing field, but Chairman Zerwas' has been very, very cooperate, supportive. Again we put -- we put safeguards in there that would protect the pharmacist from -- the local pharmacist from having to compete with mail order business. We put safeguards in there that will be able to use any local provider. They can't just go to one pharmacist in an area, they'll be able to use all the pharmacies. And Dr. Zerwas has done a lot to make this bill more acceptable for the pharmacies.

REPRESENTATIVE JOHN KUEMPEL: Can you address another thing that I was hearing? And again, I'm sorry, I don't know the industry but dispensing fees changing or delayed, or is that anything that we need to address to talk to our local providers? Do you know what I'm talking about there?

REPRESENTATIVE CHUCK HOPSON: I think they probably mean prompt paid provisions, where they have to pay in a certain amount of time. And we've addressed those, also.

REPRESENTATIVE JAMES KEFFER: Okay. Well, thank you very much.

REPRESENTATIVE CHUCK HOPSON: Thank you, Mr. Chairman.

THE CHAIR: Representative Reynolds, for what purpose?

REPRESENTATIVE RON REYNOLDS: Yes, will Representative Hopson yield for a question?

THE CHAIR: Gentleman yields.

REPRESENTATIVE JOSE MENENDEZ: Just picking up on where Representative -- Chairman Keffer left off. Are you familiar with an independent study that Dr. Ray Pairman did with respect to the independent pharmacies, how they would be impacted?

REPRESENTATIVE CHUCK HOPSON: Yes, sir. I am. And I have actually heard him present that before.

REPRESENTATIVE RON REYNOLDS: And is it a truth that in his study, that he indicated that over 700 independent pharmacies could be closed?

REPRESENTATIVE CHUCK HOPSON: He did. And the thing he laid out, one night we went to him and it was an excellent presentation, and he did indicate that and not just a matter of pharmacies being closed, but it was a case of all those pharmacies being out of a job. And I think we've going a gone a long way to address that.

REPRESENTATIVE RON REYNOLDS: So would that adversely impact the pharmacies in the rural areas then, based on Dr. Pairman's study?

REPRESENTATIVE CHUCK HOPSON: I think the -- because of the amendments we did earlier on this one, I think the impact would be less.

REPRESENTATIVE RON REYNOLDS: Could you articulate that for me, please?

REPRESENTATIVE CHUCK HOPSON: Again, we've talked about any willing providers. So, the people will be able to go to any pharmacist they want to in their hometown. They can go to whatever pharmacies that want to in Austin, while we're in session for the members. But then we've also made or took away the provision that they have to use compulsory mail order. So a PBM will be allowed to tell the people they cannot -- no longer can they get prescriptions at their local store. They'll be able to go to, I mean, mail order. They'll be able to go to their local pharmacy. We've verified the prompt payment provisions that's at law now, and I think it's not good but it's better than it was.

REPRESENTATIVE RON REYNOLDS: So basically you're representing to the body that this will mitigate the economic losses to the small and independent pharmacies in the rural areas?

REPRESENTATIVE RON REYNOLDS: You know, with the advent of our PBMs and some of our health care providers and stuff, we've had all of these independent pharmacies suffered. You know, we're losing on this particular session, we're losing a dollar off our prescription fees. So those are -- This has not mitigated all of those things. And there will still be some things that we've got work on, but it's going to be a whole lot better when we started this bill.

REPRESENTATIVE RON REYNOLDS: Thank you.

THE CHAIR: Representative -- Excuse me. Representative Zerwas sends up Representative Shelton's amendment. It's acceptable to the author. Are there any objections? Chair hears none. So ordered. The following amendment, the clerk will read the amendment. Members, we're on page 83 of your packet.

THE THE CLERK: Amendment by Taylor of Collin.

THE CHAIR: Chair recognizes Representative Taylor.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, this amendment allows public hospitals and hospital districts to bill the sponsors of legal immigrants of the cost of any services received.

THE CHAIR: Representative Alonzo, for what purpose?

REPRESENTATIVE ROBERTO ALONZO: Testing. No. Will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE VAN TAYLOR: If I could just have one second to finish laying this out and I'd be happy to yield. The bill lays out --

REPRESENTATIVE ROBERTO ALONZO: I'm not going to ask a question, because we've already had a lot of discussion on this bill. But go ahead.

REPRESENTATIVE VAN TAYLOR: I yield to my colleague from Dallas County.

REPRESENTATIVE ROBERTO ALONZO: Now, Mr. Taylor, let me ask. You're trying to recoup funds from health care; is that right? You're trying to recoup from individuals that can help pay for people's bills in this bill; is that right?

REPRESENTATIVE VAN TAYLOR: I'm giving public hospitals and hospital districts the explicit authority, which they almost certainly have by federal law, to ask U.S. citizen sponsors for resident illegal aliens to pay for the services to resident legal aliens.

REPRESENTATIVE ROBERTO ALONZO: Let me ask -- So what you're trying to get is get funds from people that can pay for it, so the bill will be taken care of? Let me ask, are you familiar with people from Collin County going to Dallas County and not paying for their services in the Dallas Parkland Hospital?

REPRESENTATIVE VAN TAYLOR: I know that there is -- There is conflict on that point. I'm sure you know certainly about it more than I do.

REPRESENTATIVE ROBERTO ALONZO: Well, not that there's conflict. But people who (inaudible) just like what you're trying to do here, you would want people to pay their bill, correct?

REPRESENTATIVE VAN TAYLOR: People should pay the bills that they owe, yes.

REPRESENTATIVE ROBERTO ALONZO: So there are people from Collin County that owe bills to Dallas County, you would be amenable to an amendment saying that they should take care of that bill?

REPRESENTATIVE VAN TAYLOR: I don't think that that would be germane to this amendment, Representative Alonzo.

REPRESENTATIVE ROBERTO ALONZO: Let's do this: If it is germane, so the issue is not that they should pay and you would be amenable to an amendment, your issue whether it's germane. So we take care of germaneness, are you going to accept my amendment?

REPRESENTATIVE VAN TAYLOR: You know, Representative Alonzo, this is I understand a complicated and tortured discussion that has taken place with our --

REPRESENTATIVE ROBERTO ALONZO: Let's stay with germaneness for amendment.

REPRESENTATIVE VAN TAYLOR: Sure.

REPRESENTATIVE ROBERTO ALONZO: Here's the discussion, here's germaneness. Let's concentrate on germaneness for a minute.

REPRESENTATIVE VAN TAYLOR: Okay.

REPRESENTATIVE ROBERTO ALONZO: Your immediate response was germaneness, so we take care of germaneness would you take care of my amendment?

REPRESENTATIVE VAN TAYLOR: You know, Representative Alonzo, your are going to have to forgive me for not having enough knowledge to really speak, you know, knowledgeably on this subject that you've brought in that I don't think has much to do with this amendment that I'm offering for Senate Bill 23.

REPRESENTATIVE ROBERTO ALONZO: Well then will you pull it so we can have some conversation regarding that, and see if we can fit it into your amendment?

REPRESENTATIVE VAN TAYLOR: Again, that is a very long conversation that -- you know, that I would need to bring the other members of the Collin County delegation in, too, and we would have to have a discussion with county officials. This is -- And how long have you been working on this topic, Representative Alonzo?

REPRESENTATIVE ROBERTO ALONZO: I've been thinking about this for a long, long, long time.

REPRESENTATIVE VAN TAYLOR: Okay.

REPRESENTATIVE ROBERTO ALONZO: A long time. Any time this issue's been coming up I think -- how are we going to get -- how are we going to get Collin County to pay the bills that are owed to Dallas county. I think about -- I've been thinking about it a lot. And since you've brought this bill I say, you know what, this is a vehicle -- this is a vehicle to make sure that people like you who believe in making sure that people pay what they're supposed to pay, and our county, our Dallas county, let me tell you, I just had a conversation with one of your co-authors a little while ago, who used to be commissioner --

REPRESENTATIVE VAN TAYLOR: Yes.

REPRESENTATIVE ROBERTO ALONZO: -- from Dallas County who says yeah, I'm familiar with that issue. And I'm sure I didn't ask but I'm sure since you're good buddy buddies, that you would consider it because this is a big deal for Dallas County, Dallas County has a Hospital, Dallas county provides healthcare, and I will tell you and you probably know that it provides some good health care for some people from Collin County as well.

REPRESENTATIVE VAN TAYLOR: Well, Representative Alonzo, my intention of bringing this amendment was not to pit Dallas County versus Collin County and bring some -- and I see members from both delegations behind you with a series of questions. What I'm really trying to do is to make sure public hospitals and public hospital districts have the ability to bill resident -- the U.S. citizens sponsors for resident illegal aliens, who have the means to pay for the health care that is provided to resident legal aliens. And just as we passed a bill just a few days ago, Senate Bill 420, which gave that same authority to indigent health care for counties. So Collin County's indigent health care program clearly has this point statute --

REPRESENTATIVE ROBERTO ALONZO: We're still on the --

REPRESENTATIVE VAN TAYLOR: And unfortunately, right now Dallas County doesn't have this power. And I'm trying to get to you, guys, so that you can use the same thing that we're going to used in Collin County to --

REPRESENTATIVE ROBERTO ALONZO: So since you're helping us in that issue, will you help us now on this issue I'm bringing before you to make sure that your county provides for the indigent care services that we do for your county?

REPRESENTATIVE VAN TAYLOR: Again, I know this has been a long discussion. You have labored long on it --

REPRESENTATIVE ROBERTO ALONZO: Don't you think -- Don't you think -- Just think about this for a minute. Don't you think it's fair? Don't you think it's fair for your county, that you do such a great job for representing your county, that make sure that your county residents that come into our county to get services, in that occasion, an occasion, and this is where I'm going to help you out. On occasion they come and they say -- they get an apartment number, they say they live in Dallas County to get the health care services. Don't you think that's fair?

REPRESENTATIVE VAN TAYLOR: Representative Alonzo, I hate to -- I hate to dis-abuse you of the notion that somehow my amendment is going to be a vehicle to solve a problem that's been simmering between --

REPRESENTATIVE ROBERTO ALONZO: Well, if I can I would really like to do that. I really would love to do that. Because, you know, you know, with such graciousness that you bring this bill before us, I just want to bring this graciousness in making sure that our county is being taken care of.

REPRESENTATIVE VAN TAYLOR: Right. And it certainly would have meant a lot of to me if this gracious motion that you bring to us in this debate tonight, that you could talked to me before I got in front of this podium, or perhaps at a --

REPRESENTATIVE ROBERTO ALONZO: (Inaudible ) come to your bill and I would have said no. But let's talk about this discussion for a minute. Because it is true -- it is true, like you've said you heard about this. And in your mind and in your thought and in your belief, if somebody does something like that I would think that it would be fair that if somebody owes money and they come into Dallas county to -- that it would only be fair that they would take care of their bills.

REPRESENTATIVE VAN TAYLOR: Well, again I appreciate the problem that you face. I'm not sure that -- I would hope that our respective county government -- or my county government and the Dallas County Hospital District would sort their own problems out without having the legislature step in and do that.

REPRESENTATIVE ROBERTO ALONZO: Well, you bring this bill after you first started the discussion, a few days ago.

REPRESENTATIVE VAN TAYLOR: Sure

(inaudible).

REPRESENTATIVE ROBERTO ALONZO: I said well, you know, how else can we be helpful? Not only to your county, but to my county. My county being Dallas county. And I say well, maybe we could put an amendment to your bill, and that way your county can say Van Taylor, thank you very much for bringing this amendment. Look what you've done, man? Look what you've done? Not only have you collected a few bucks, now we're going to have to pay more bucks. Isn't that nice, Mr. Taylor?

REPRESENTATIVE VAN TAYLOR: Representative Alonzo, again, I think that the intent of this amendment has nothing to do county by county --

REPRESENTATIVE ROBERTO ALONZO: Well, I know it. I know it. I know you don't think that. I know you don't think that. And you shouldn't. But I do, because this creates an opportunity in my mind to bring to the membership and to the whole State of Texas, Mr. Taylor, how we in Dallas county have had to deal with residents of your county, your county, that come into Dallas and get services and try -- and try and be creative to say they rent an apartment, get thousands -- listen to this, Mr. Taylor, thousands and thousands of thousands and thousands of health care services, and then they go back to their county without paying. Now, you don't think that's right, do you?

REPRESENTATIVE VAN TAYLOR: Representative Alonzo, I look forward to speaking with you --

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

REPRESENTATIVE VAN TAYLOR: I have an amendment to the amendment.

THE CHAIR: Following amendment to the amendment. Clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Taylor of Collin.

THE CHAIR: Chair recognizes Representative Taylor.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, this gives Health and Human Services the opportunity to --

THE CHAIR: Representative Jackson, for what purpose?

REPRESENTATIVE JIM JACKSON: Mr. Speaker, will the gentleman yield?

REPRESENTATIVE VAN TAYLOR: I yield to my colleague from Dallas.

THE CHAIR: Gentleman yields.

REPRESENTATIVE JIM JACKSON: Just to straighten the record out, we do have some problems in Dallas County where people do move in and rent an apartment, but you have nothing to do with that. And under the law, once they rent the apartment, they are a resident of Dallas county. And since we can't have a residency requirement under federal law, that does create a problem. But that has nothing to do with this amendment.

REPRESENTATIVE VAN TAYLOR: That's nothing to do with this amendment or the amendment to the amendment.

REPRESENTATIVE JIM JACKSON: Or the amendment to the amendment.

REPRESENTATIVE VAN TAYLOR: But it does help Dallas County's hospital by explicitly giving them --

REPRESENTATIVE JIM JACKSON: So all you're doing to this amendment, or the amendment to the amendment, is allowing the Dallas County Hospital districts and other hospital districts around the state, to have the same rights as you gave counties in the bill you passed two days ago?

REPRESENTATIVE VAN TAYLOR: Correct.

REPRESENTATIVE JIM JACKSON: So you're just making us equal?

REPRESENTATIVE VAN TAYLOR: And the amendment to the amendment gives that power to the Department of Health and Human Services.

REPRESENTATIVE JIM JACKSON: All right. Very good. Thank you, sir --

REPRESENTATIVE VAN TAYLOR: I move passage on the --

REPRESENTATIVE JIM JACKSON: But you are -- you do have -- Your county is paying now a hundred percent, as opposed to 25 percent like a lot of counties. So we do have a little different. We could debate that at a different time. This amendment is about making us equal.

REPRESENTATIVE VAN TAYLOR: Yes, it is. Making sure that the hospital districts in county indigent care programs have the same authority as HHS.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker?

THE CHAIR: Mr. Madden?

REPRESENTATIVE JERRY MADDEN: Will my colleague from Collin County yield?

THE CHAIR: Gentleman yield?

REPRESENTATIVE VAN TAYLOR: I yield to the Dean of the Collin County delegation.

REPRESENTATIVE JERRY MADDEN: This is not, Mr. Taylor, an ongoing discussion for Collin and Dallas county for a whole lot of the years, has it not?

REPRESENTATIVE VAN TAYLOR: I would suspect that it has been and not --

REPRESENTATIVE JERRY MADDEN: And it's not really an appropriate discussion, I don't think, to bring before the floor of the House of Representatives to discuss what has amounted to an indigent care disagreement between the Collin county people and the Dallas county people, is that -- Would that be -- that be a fair discussion?

REPRESENTATIVE VAN TAYLOR: I would hope that that discussion would take place in the right place, which is between the two counties and not on the floor of the Texas House, between the delegations of either county.

REPRESENTATIVE JERRY MADDEN: And your bill doesn't help Collin county, because we don't have a hospital district, does it?

REPRESENTATIVE VAN TAYLOR: It does not help Collin county because we don't have a hospital district. It does help the State of Texas because the amendment to the amendment helps the Health and Human Services.

REPRESENTATIVE JERRY MADDEN: So what you've got is a bill that will help the Dallas County Hospital District, but since Collin county has none, it doesn't help us at all. It's basically for the people like Dallas and Harris and other counties where they have their hospital districts. And it allows them to collect from American citizens the fees that should be paid by them; is that correct?

REPRESENTATIVE VAN TAYLOR: Absolutely.

REPRESENTATIVE JERRY MADDEN: Thank you. You have a great amendment.

REPRESENTATIVE VAN TAYLOR: Thank you, Representative Madden.

REPRESENTATIVE LEO BERMAN: Mr. Speaker?

THE CHAIR: For what purpose, Representative Berman.

REPRESENTATIVE LEO BERMAN: Will the gentleman yield?

THE CHAIR: Gentleman yield?

REPRESENTATIVE VAN TAYLOR: I yield to my distinguished colleague from Tyler.

THE CHAIR: Gentleman yields.

REPRESENTATIVE LEO BERMAN: Let me start out by saying that you have a great amendment.

REPRESENTATIVE VAN TAYLOR: Thank you.

REPRESENTATIVE LEO BERMAN: But I'm shocked back here to hear what Representative Alonzo had to say. Do you know that 70 percent of the new births at Parkland Hospital are of illegal aliens? Do you know that?

REPRESENTATIVE VAN TAYLOR: I know it now.

REPRESENTATIVE LEO BERMAN: That is the truth. 70 percent of new births are illegal aliens, at Parkland Hospital. Do you know that a if you go into the emergency room of Parkland Hospital any night, it is packed with illegal aliens. Do you know that? Do you know I have never heard Representative Alonzo try to get money from illegal aliens to pay the taxpayers of Dallas county. He wants it from Collin County. And any time anybody says something about illegal aliens Mr. Alonzo is the first one at the microphone. No, that's his microphone, Mr. Alonzo. It's his.

REPRESENTATIVE VAN TAYLOR: The amendment to the amendment is acceptable to the author.

REPRESENTATIVE RICHARD RAYMOND: Mr. Speaker, would the gentleman yield for a question?

REPRESENTATIVE VAN TAYLOR: Representative Raymond, can we just pass the amendment to the amendment and then I'll take your question?

REPRESENTATIVE RICHARD RAYMOND: Go ahead.

REPRESENTATIVE VAN TAYLOR: All right. The amendment to the amendment is acceptable to the author. I move passage.

THE CHAIR: Representative Taylor offers up an amendment to the amendment. The amendment is acceptable to the author. Are there objections? Chair hears none. So ordered.

REPRESENTATIVE VAN TAYLOR: I yield to the Chairman -- Oh, sorry.

THE CHAIR: Members, there's another amendment to the amendment. Clerk will read the amendment. Amendment to the amendment by Alonzo. Chair recognizes Representative Alonzo.

REPRESENTATIVE ROBERTO ALONZO: Members, let me tell you what my amendment does. This amendment --

THE CHAIR: Representative Raymond, for what purpose?

REPRESENTATIVE RICHARD RAYMOND: Would the gentleman yield for a just a second? I need to make that correction. Could we call back? Could you yield to Mr. Taylor so I can make a correction here that I think is important?

REPRESENTATIVE ROBERTO ALONZO: Just yield on 30 seconds, he can do than off his own time on this amendment. And here is my question, Mr. Taylor, just to correct my good friend Leo, Mr. Berman over here. He said that 70 percent of the babies born are Parkland are illegal aliens. Now, you're aware that anybody born in this country is a United States citizen, are you not?

REPRESENTATIVE VAN TAYLOR: I am aware of the U.S. Constitution, yes.

REPRESENTATIVE ROBERTO ALONZO: Thank you.

THE CHAIR: Chair recognizes Representative Alonzo.

REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Speaker, members. Mr. Speaker, members. Let me tell you, let me tell you my colleague from Dallas county said that this is not an appropriate time, that this is a separate bill. Let me tell you that this bill, amendment, is not appropriate to this bill. Well, what we're doing right now, first of all, in addressing this issue is doing amendments to bills as we are getting closer to finish. So that argument is out the window. Now, let's deal with this discussion. Part of the discussion in this amendment that Mr. Van Taylor says, we're trying to collect money for hospital districts, we're trying to collect money from people that have. Well, let me tell you what's going on in our area. We have people coming in from Mr. Taylor's district, where'd he go? Right here. From Mr. Taylor's district, getting health care service and leaving and not paying. And the reason I'm bringing it up is we're trying to say people come in to this country and they get services, so we're trying to get money from people that sponsor them --

REPRESENTATIVE WILL HARNETT: Mr. Speaker, will the gentleman yield for a quick question?

THE CHAIR: For what purpose, Mr. Hartnett?

REPRESENTATIVE WILL HARNETT: Will the gentleman yield for a question?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE ROBERTO ALONZO: In just one minute.

REPRESENTATIVE WILL HARNETT: Yes, sir.

REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Hartnett. So what I'm saying here with this amendment, members, is this: If the issue here, and I'm glad this created an opportunity, and I'm glad this created an opportunity. We're in a real economic hardship right now, throughout the state, throughout the country. Mr. Van Taylor's trying to do one thing, one way, I'm trying to do it another one way. This is for people, U.S. citizens, who come into Dallas county and don't pay for the health care. And our county has done everything possible to do that. And I'm bringing the discussion to this floor, just like Mr. Van Taylor is bringing his discussion to the floor. I yield, Mr. Hartnett.

THE CHAIR: Mr. Hartnett, for what purpose?

REPRESENTATIVE WILL HARNETT: Does the gentleman yield for a question?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE ROBERTO ALONZO: Yes, sir.

REPRESENTATIVE WILL HARNETT: Roberto, you know, I'm a conservative republican, right?

REPRESENTATIVE ROBERTO ALONZO: Yes, sir.

REPRESENTATIVE WILL HARNETT: And this is the kind of amendment that should appeal to all Republicans, don't you think?

REPRESENTATIVE ROBERTO ALONZO: Of course.

REPRESENTATIVE WILL HARNETT: Besides, it should appeal to everybody. But certainly Republicans should vote for this because this is a an individual responsibility type of amendment, right?

REPRESENTATIVE ROBERTO ALONZO: This is what the conservative coalition would support, sir.

REPRESENTATIVE WILL HARNETT: I mean this amendment, you're saying that if a county's resident goes to another county and then incurs a bill then the county where the person lives should participate in paying that person's bill?

REPRESENTATIVE ROBERTO ALONZO: That's correct.

REPRESENTATIVE WILL HARNETT: And we don't want to pass costs from one county to another county, do we?

REPRESENTATIVE ROBERTO ALONZO: That's right. And I think part of Mr. Van Taylor is saying is go away, I don't want to talk about it. You brought the discussion to this floor. This is a discussion that we're talking about, our county pays. We want Mr. Van Taylor's county to pay as well.

REPRESENTATIVE WILL HARNETT: And so like if one of our constituents goes to a hospital in another county, and one of our indigent people, we want our folks to be responsible for that person and not have somebody else be responsible, right? So this is a responsibility amendment?

REPRESENTATIVE ROBERTO ALONZO: It is. So members, I'm sure he's not going to accept it, right Mr. Taylor? He's not going to accept my amendment. But I ask you, members, this is -- as Mr. Harnett has pointed out, this is a responsibility, this is what's right, this is what's fair; and we have this opportunity to make it fair. So, I ask you to vote for this amendment.

THE CHAIR: Is there anyone wishing to speak on, for, or against the Alonzo amendment?

REPRESENTATIVE VAN TAYLOR: Chair recognizes Representative Taylor to speak against the amendment. Mr. Speaker? Mr. Speaker? Members, I recognize.

THE CHAIR: Mr. Jackson, for what purpose?

REPRESENTATIVE JIM JACKSON: Will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE VAN TAYLOR: I yield to my colleague from Dallas County.

REPRESENTATIVE JIM JACKSON: Do you realize what this amendment says? It says an eligible resident. An eligible resident in Collin county is someone that makes less than a hundred percent of poverty for Collin county, but it's less than that. If they come of Dallas county than you pay for them?

REPRESENTATIVE VAN TAYLOR: Right.

REPRESENTATIVE JIM JACKSON: And I think you're doing that right now.

REPRESENTATIVE VAN TAYLOR: I believe we are.

REPRESENTATIVE JIM JACKSON: And unfortunately, if they're from Collin county it's a resident who is making under 25 percent of poverty. That makes then an eligible resident. They come to Dallas county and they are less than twenty five percent of poverty then they're not an eligible resident from that county. So that's the problem with the state law that sets the residency, or sets the eligible amount for counties statewide. And that is at 25 percent, at the minimum of 25 percent, so this is not quite like we think it's going -- doesn't quite say what somebody thinks it says.

REPRESENTATIVE VAN TAYLOR: Right. I think what you're trying to say, that that is a very complicated topic, and probably shouldn't be addressed in a floor amendment that was drafted a few moments ago. Mr. Speaker, members, respectfully, I understand the intent of my colleague from Dallas County, I understand where he's going; I'm glad we've had this conversation. He and I should have a much longer conversation. Respectfully, I move to table this amendment to the amendment.

THE CHAIR: The Chair recognizes Representative Alonzo to close.

REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Speaker. Members, I'm going to ask you to vote no on the motion to table. And, as Representative Hartnett said, this is the responsible thing to do. And I'm going to tell you that, you know, what we want to make sure here, which is I think -- I think, I know that's what Mr. Taylor is trying to do. He's trying to make sure that people pay. Well, we have situation where people are not paying, I say it's time to pay. And if Mr. Van Taylor's county residents from Collin County are not paying Dallas County, I think they should pay. And, as he pointed out, we are having a discussion because the opportunity was created. I ask that you vote no on the motion to table.

THE CHAIR: Representative Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Mr. Speaker, will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE ROBERTO ALONZO: I yield.

THE CHAIR: Gentleman yields.

REPRESENTATIVE RANDY WEBER: Representativ e Alonzo, you have obviously paid attention a little closer to this than I have. So I have a question. Does this make for a paper trail or a paperwork nightmare, if we are going -- people traveling all the way across the state, over different counties, and how do you keep up with what county gets billed by who and who tracks the payment?

REPRESENTATIVE ROBERTO ALONZO: Well, I think that's going to be an issue, sir, but I'm going to tell you. One of the things that people are real good at, when they are trying to collect money they go after the people that are responsible. And let me tell you, our county has been very active in which dealing with Mr. Taylor's county and he knows the county residents from (inaudible).

REPRESENTATIVE RANDY WEBER: Are they already billing -- are they already doing this? Are they already billing the other county?

REPRESENTATIVE ROBERTO ALONZO: They're doing everything possible to try to collect the money, yes.

REPRESENTATIVE RANDY WEBER: So they're already doing this?

REPRESENTATIVE ROBERTO ALONZO: They're doing everything possible, yes. But what I'm saying, just like he's doing in his legislation, let's get it going and making it easier to collect the money. That's why I present this amendment.

REPRESENTATIVE RANDY WEBER: Okay. All right. Thank you very much.

REPRESENTATIVE ROBERTO ALONZO: Members, I ask you to vote no on the motion to table.

THE CHAIR: Representative Laubenberg, for what purpose?

REPRESENTATIVE JODIE LAUBENBERG: Is it too late to ask the speaker to yield? If it is, okay.

THE CHAIR: Do you yield? He yields.

REPRESENTATIVE JODIE LAUBENBERG: You do or don't --

THE CHAIR: Never mind. He does not yield. Members, question occurs on the motion to table. Representative Alonzo sends up an amendment to the amendment. Representative Taylor moves to table. The question occurs on the motion to table. Vote aye, vote nay. Clerk will ring the bell. Show Representative Alonzo voting nay. Show representative Taylor voting aye. Show Representative Zerwas voting aye. Show Representative Chisum voting aye. Show Representative Solomons voting aye. Members, you have buttons on your desk. Show Representative Laubenberg voting aye. Have all members voted? There being 73 ayes, 68 nays, 2 present not voting; the motion to table prevails. Members, a request for verification has been asked for. Verification has been granted.

REPRESENTATIVE CHARLIE GEREN: Please take your seats. Members, please take your seats. Verification has been requested. Verification has been granted. Please take your seats. The clerk will call the ayes.

THE THE CLERK: Aliseda, Aliseda?

REPRESENTATIVE CHARLIE GEREN: Clerk, you're going to have to speak up I think.

THE THE CLERK: Anderson of McClendon, Aycock, Beck, Berman, Bohac, Bonnen, Branch, Brown -- Branch? Brown, Brown?

THE CHAIR: Is Mr. Brown on the floor of the House? Strike his name temporarily.

THE THE CLERK: Cain?

REPRESENTATIVE CHARLIE GEREN: Is Mr. Cane on the floor of the House? Strike his name temporarily.

THE THE CLERK: Callegari.

REPRESENTATIVE CHARLIE GEREN: Is Mr. Callegari on the floor of the House? Strike his name temporarily.

THE THE CLERK: Chisum, Christian.

REPRESENTATIVE CHARLIE GEREN: Is Mr. Christian on the floor of the House? There he is.

THE THE CLERK: Cook, Craddick.

REPRESENTATIVE CHARLIE GEREN: Is Mr. Craddick on the floor of the House? Strike his name temporarily.

THE THE CLERK: Crownover, Darby, Driver, Eissler -- Eissler?

THE CHAIR: Is Mr. Eissler on the floor of the House? Strike his name temporarily.

THE THE CLERK: Elkins, Fletcher, Flynn -- Flynn?

REPRESENTATIVE CHARLIE GEREN: Is Mr. Flynn on the floor of the House? Strike his name temporarily.

THE THE CLERK: Frullo, Garza, Geren.

REPRESENTATIVE CHARLIE GEREN: Here.

THE THE CLERK: Gonzales of Williamson, Gooden, Hamilton, Hancock, Hardcastle, Hilderbran, Howard of Fort Bend, Huberty, Hughes, Hunter, Isaac, Keffer, King of Parker, King of Taylor?

REPRESENTATIVE CHARLIE GEREN: Is Mr. King on the floor of the House? Is Ms. King on the floor of the House? Strike her name temporarily.

THE THE CLERK: Kleinschmidt, Kolkhorst Landtroop, Larson, Laubenberg, Lavender, Louis, Madden, Margo, Miller of Erath, Morrison, Murphy, Nash, Orr, Otto, Parker, Patrick, Paxton -- Paxton?

REPRESENTATIVE CHARLIE GEREN: Is Mr. Paxton on the floor of the House? Strike his name temporarily.

THE THE CLERK: Perry, Pitts, Price, Riddle, Ritter, Schwertner, Shelton, Simpson, Smith of Harris Smith of Harris?

REPRESENTATIVE CHARLIE GEREN: Is Mr. Smith on the floor of the House? Strike his name temporarily.

THE THE CLERK: Solomons, Taylor of Galveston, Taylor of Collin, Torrez, White, Zedler, Zerwas.

REPRESENTATIVE CHARLIE GEREN: Call the nays. The clerk will call the nays.

THE THE CLERK: Allen, Alonzo, Alvarado, Anchia, Anderson of Dallas, Burkett, Burnam, Button, Carter, Castro, Creighton, John Davis of Harris, Sarah Davis of Harris, Davis of Dallas, Deshotel, Dukes -- Dukes?

REPRESENTATIVE CHARLIE GEREN: Is Ms. Dukes on the floor of the House? Strike her name temporarily.

THE THE CLERK: Dutton, Eiland -- Dutton?

REPRESENTATIVE CHARLIE GEREN: Is Mr. Dutton on the floor of the House? Strike his name temporarily.

THE THE CLERK: Eiland, Farrar, Gallego, Giddings, Gonzales of Hidalgo, Gonzales of El Paso, Gutierrez, Harless, Harper-Brown, Hartnett, Hernandez Luna, Hochberg, Hopson, Howard of Travis, Jackson, Johnson, Legler, Lozano, Lucio, Mallory Caraway, Martinez, Martinez Fischer -- Martinez Fischer?

REPRESENTATIVE CHARLIE GEREN: Is Mr. Martinez Fischer on the floor of the House? Strike his name temporarily.

THE THE CLERK: Menendez, Miles, Miller of Comal -- Miller of Comal?

REPRESENTATIVE CHARLIE GEREN: Is Mr. Miller on a the floor of the House? Strike his name temporarily.

THE THE CLERK: Munoz, Naishtat, Olivera -- Olivera?

THE CHAIR: Is Mr. Oliveira on the floor of the House? Strike his name temporarily.

THE THE CLERK: Pena, Picket, Quintanilla, Raymond, Reynolds, Rodriguez, Scott, Sheets, Sheffield, Smith of Tarrant, Smithee, Strama, Thompson, Truitt, Turner, Veasey, Villarreal, Vo, Walle, Weber, Woolley, Workman.

REPRESENTATIVE CHARLIE GEREN: Mr. Brown on the floor of the House? Show Mr. Brown present. Mr. Cain on the floor of the House? Strike Mr. Cane. Mr. Callegari on the floor of the House? Strike Mr. Callegari. Mr. Eissler is on the floor of the House. Mr. Flynn is on the floor of the House. Ms. King? Is Ms. King on the floor of the House? Strike her name. Mr. Craddick on the floor of the House? Yes. Is Ms. Dukes on the floor of the House? Strike her name. Is Mr. Dutton on the floor of the House? Verify Mr. Dutton. Mr. Martinez Fischer on the floor of the House? Verify Mr. Fischer. Mr. Miller of Comal on the floor of the House? Strike his name. Mr. Olivera the floor of the House? Strike his name. Mr. Paxton on the floor of the House? Strike his name. Mr. Smith of Harris on the floor of the House? Verify Mr. Smith. The following members were present voting aye, but their machines malfunctioned. Show them voting aye: Representative Lynn, Representative Creighton. The following members were present voting no, but their machines malfunctioned. Show them voting no: Larson, Ritter, Coleman, Elkins, Huberty, Darby, Garza, Patrick, Margo, Craddick, Marquez, Nash, Shelton Bohac, Branch, Brown, Murphy, Louis, Hancock, Fletcher, Paris and Geren. I'll get the machines worked on in the morning. And Ms. Riddle.

REPRESENTATIVE CHARLIE GEREN: Mr. Keffer, for what purpose?

REPRESENTATIVE JAMES KEFFER: I want to -- Mr. Kuempel, as he's been speaker up there on that chair up there, and he's done a wonderful job really speeding this peaceful legislation along very quickly. And I was just wondering if he's tired now, over here. We have Speaker Pepito over here ready to go and take his place, so we need to make a switch. He's ready. He's on deck.

THE CHAIR: Mr. Keffer, we'll get around to that.

REPRESENTATIVE JAMES KEFFER: All right.

THE CHAIR: After we get the machines fixed. Show Mr. Zedler voting no. Show Mr. Eissler voting no. Please verify Mr. Callegari. There being 49 ayes, 89 nays, the motion to table fails. The amendment to the amendment is acceptable to the author. Mr. Villarreal, for what purpose?

REPRESENTATIVE MIKE VILLARREAL: Parliamen tary inquiry.

THE CHAIR: State your inquiry.

REPRESENTATIVE MIKE VILLARREAL: Is this the first amendment that Roberto Alonzo passes in this session?

THE CHAIR: The Chair's not advised. We're now on the (inaudible) amendment as amended.

REPRESENTATIVE MIKE VILLARREAL: Parliamen tary inquiry.

THE CHAIR: Mr. Villarreal, for what purpose?

REPRESENTATIVE MIKE VILLARREAL: Could this be us witnessing the impossible coming possible?

THE CHAIR: The Chair is not advised. Chair recognizes Mr. Taylor on the amendment as amended.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, appreciate you going through that. This amendment gives the power that county indigent care programs (inaudible) Senate Bill 420 to HHS and to county hospital districts. It's acceptable to the author. I move passage.

THE CHAIR: Members, the amendment is acceptable to the author. You've heard the motion. Is there any objection? Chair hears none. So ordered. Please excuse Mr. Miller from Comal on important business, on a motion by Representative Button. Please excuse Representative Cain because of important business in the district, on the motion of the Representative Hughes. Please excuse Representative Dukes on important business in the district, on the motion of Representative McClendon. Chair recognizes Representative Miller of Erath.

REPRESENTATIVE SID MILLER: Mr. Speaker and members, I'd like to request for permission for the Committee on Homeland Security and Public Safety to meet at 6:30 p.m. in -- today, in 3W15, to consider SB 1658, 17 -- SB 1787, SB 1697, SB 1696, SB 1699 and pending business.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Please excuse Representative Susan King because of illness, on the motion of Representative Gooden. The following announcement, the clerk will read the announcement.

THE THE CLERK: The Committee on Homeland Security and Public Safety will meet at 6:30 p.m. on May the 19th, 2011, in room 3W.15. This will be a formal meeting to consider SB 1658, SB 1787, SB 1697, SB 1696, SB 1699 and pending business.

THE CHAIR: The following amendment, the clerk will read the amendment. Members, we're on page 84.

THE THE CLERK: Amendment by Gonzales of Hidalgo.

THE CHAIR: Chair recognizes Ms. Gonzales.

REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker. Members, this amendment will allow counties without hospital districts that enter into upper payment limit Medicaid agreements with the private hospitals and they treat indigent patients to be reimbursed in the same manner as counties with hospital districts. And I believe it's acceptable to the author. Move passage.

THE CHAIR: The amendment's acceptable to the author. Is there objection to adoption of the amendment? The Chair hears none. So ordered. Following amendment, the clerk will read the amendment. Members, we're on page 86. The amendment is withdrawn. The following amendment, the clerk will read the amendment. Members, page 87.

THE THE CLERK: Amendment by King of Parker.

THE CHAIR: Chair recognizes Mr. King.

REPRESENTATIVE PHIL KING: Mr. Speaker, members, this would allow Wise County Hospital District to employ physicians. There was an agreement on a bill that allowed it for counties with 50,000 or under. We were not aware that that negotiation was going on. Wise County had 59 -- or, I'm sorry, 59,000 people. There's really no magic number I'm told, except 50,000 was an agreement --

REPRESENTATIVE CHARLES SCHWERTNER: Mr. Speaker?

THE CHAIR: Dr. Schwertner, for what purpose?

REPRESENTATIVE CHARLES SCHWERTNER: Will the gentleman yield?

THE CHAIR: Do you yield, Mr. King? He will.

REPRESENTATIVE CHARLES SCHWERTNER: Repres entative King, there's been some discussion about employment of physicians in rule -- health care settings. Can you enlighten me about the bill that was passed earlier this session?

REPRESENTATIVE PHIL KING: Well, I can tell you about my (inaudible) if you're referring to Garnet Coleman's bill?

REPRESENTATIVE CHARLES SCHWERTNER: Yes, sir.

REPRESENTATIVE PHIL KING: Which said that counties 50,000 or under could hire physicians. Now, we understand that some of the other large counties said that -- Dallas County and Harris County have some special exceptions that allow their hospitals to do that. But there was a bill that said that counties of 50,000 or under could pass it. We basically just took that same exact language that protected the physicians' independence incorporated into this bill and allowed it to apply very narrowly to one county in the State of Texas, which was Wise County.

REPRESENTATIVE CHARLES SCHWERTNER: Right. And Wise County, the population of Wise County?

REPRESENTATIVE PHIL KING: It is in the new census, 59,000.

REPRESENTATIVE ALLAN RITTER: And wouldn't it actually be --

REPRESENTATIVE PHIL KING: 9,000 more than the other bill.

REPRESENTATIVE CHARLES SCHWERTNER: And this is a critical access hospital?

REPRESENTATIVE PHIL KING: I'm not sure what the definition of that is.

REPRESENTATIVE CHARLES SCHWERTNER: A rural --

REPRESENTATIVE PHIL KING: It's a rural area, yes.

REPRESENTATIVE CHARLES SCHWERTNER: Design ated rural hospital?

REPRESENTATIVE PHIL KING: You know, I'm not sure what the definition of that is, either.

REPRESENTATIVE CHARLES SCHWERTNER: (Inaud ible).

REPRESENTATIVE PHIL KING: Say that the medical community and the hospital got together and asked for this legislation and, unfortunately, we were not aware that there was the Coleman bill going, because these ended up in two different committees for some reason. And, members, I will tell you that this bill passed out of the committee as a House bill and passed out of committee as Senate Bill in this body. It made it to Calendars as a House Bill and as a Senate Bill. But I think simply because of -- and third party agreements, it never was allowed out of Calendars.

REPRESENTATIVE CHARLES SCHWERTNER: Repres entative King, which committee did it pass out of, sir?

REPRESENTATIVE PHIL KING: It passed out of Urban Affairs twice.

REPRESENTATIVE CHARLES SCHWERTNER: Urban affairs? But this bill, this amendment doesn't actually fulfill the criteria that was being discussed and debated over many sessions, actually, in reference to physician employment in rural settings, correct?

REPRESENTATIVE PHIL KING: All I can tell you is we tracked -- Once we found out that the bill said -- that there has been a bill that said 50,000 and under. We tried to track the language out of that, and put that same language into this bill so it would match it, and that's all I can tell you.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Representative King.

REPRESENTATIVE PHIL KING: Thank you. Members, I would just appreciate if we can put this on, and I understand it's not acceptable to the author. And I can't understand why, he's such a good guy, and so intellectual. But I would appreciate it if you would.

THE CHAIR: Members, there's an amendment to the amendment. The clerk will read the amendment to the amendment.

THE THE CLERK: Amendment to the amendment by Christian.

THE CHAIR: Chair recognizes Representative Christian.

REPRESENTATIVE WAYNE CHRISTIAN: Members, last week we passed a bill that allowed rural hospitals to hire physicians, small rural hospitals, to assist when they're not available. This simply adds seven more east Texas hospitals in Representative Cain, Chairman Cook's and Representative White's and my district for that bill. And it's acceptable to the author.

THE CHAIR: The amendment to the amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative King on the amendment as amended.

REPRESENTATIVE PHIL KING: Members, even more reason to vote for this amendment. Please. Thank you.

THE CHAIR: Chair recognizes Dr. Zerwas in opposition to the amendment.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker and members. I believe the conversation that you heard with Representative King and my colleagues at the back mic pretty much speaks to the issue. You know, this is one where we're starting to look at the corporate practice of medicine which is something that we need to take very seriously. And under Chairman Coleman's leadership, very, very close working with the Medical Association. They developed basically some guidelines to adopt and see how this works for a while. I think it's very important that we stay within those guidelines. This particular amendment falls outside the guidelines that we have adopted. I would move to table, respectfully table this amendment.

THE CHAIR: Chair recognizes Mr. King.

REPRESENTATIVE PHIL KING: Members --

REPRESENTATIVE WAYNE CHRISTIAN: Mr. Speaker?

THE CHAIR: Mr. Christian, for what purpose?

REPRESENTATIVE WAYNE CHRISTIAN: Will the gentleman yield?

THE CHAIR: Will you yield, Mr. King?

REPRESENTATIVE PHIL KING: Sure.

REPRESENTATIVE WAYNE CHRISTIAN: Mr. King, are you aware that in east Texas a lot of the rural sections of Texas, that we do not have enough physicians for our rural hospitals and for our rural medical services? I was not.

REPRESENTATIVE WAYNE CHRISTIAN: We do not. In fact, in my district we have one gentleman that just retired from Hemphill, Texas, aged 90 plus. Had a gentleman that was one doctor in one hospital in Jaffa, Texas aged 90 that just stopped practicing last year. We have two doctors in my hometown of Center, Texas, and they are 80. And we do not have replacement doctors. And this amendment of yours, are you aware it would help us to have doctors available in rural Texas?

REPRESENTATIVE PHIL KING: I certainly am now, and I hope you'll join me in supporting this amendment.

REPRESENTATIVE WAYNE CHRISTIAN: I certainly will support your amendment and I hope that the members will for rural Texas.

REPRESENTATIVE PHIL KING: Thank you. Members, I move adoption.

THE CHAIR: Representative King sends up an amendment. Dr. Zerwas moves to table. The vote is on the motion to table. A record vote's requested. Record vote's granted. Clerk will ring the bell. Show Mr. Keffer voting aye. Show Ms. Farrar voting aye. Show Mr. Strama voting no. Show Mr. Frullo voting aye. Have all members voted? Have all members, voted? There being 58 ayes, 73 nays, the motion to table fails. Chair recognizes -- Chair recognizes Mr. King.

REPRESENTATIVE PHIL KING: Thank you, members, very much.

THE CHAIR: The amendment as amended is acceptable to the author. Following amendment, the clerk will read the amendment. We're on page 91, members.

THE THE CLERK: Amendment by Fletcher.

THE CHAIR: Chair recognizes Mr. Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Thank you, Mr. Speaker. Members, currently a member or former member of the State Board of Dental Examiners is prohibited from being an expert witness in a suit involving a health care liability claim unless the member receives approval from the board. This amendment expands this prohibition to include an oral or written opinion from current or former members of board until the second anniversary of the date the member's term is expired, or their resignation from the board. It also removes the provision where they can receive approval from the board to serve as an expert witness. This amendment's acceptable to the author.

THE CHAIR: The amendment's acceptable to the author. Is there any objection? The amendment's adopted. The following amendment, the clerk will read the amendment. Members, we're on page 94.

THE THE CLERK: Amendment by Davis of Dallas.

THE CHAIR: Chair recognizes Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker and members, this amendment just allows for claims for reimbursement for durable medical equipment and supplies to be done through electronic submissions. And I think it's acceptable to the author.

THE CHAIR: The amendment's acceptable to the author. Is there any objection? Chair hears none. The amendment's adopted. Following amendment, the clerk will read the amendment. Members, we're on page 105.

THE THE CLERK: Amendment by Miller of Erath.

THE CHAIR: Chair recognizes Mr. Miller. The amendment's temporarily withdrawn. The following amendment, the clerk will read the amendment. Members, we're on page 109.

THE THE CLERK: Amendment by Truitt.

THE CHAIR: Chair recognizes Ms. Truitt.

REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker. Members, this amendment codifies certain practices related to the administration of medication for persons with intellectual disabilities. It also establishes a pilot program related to certain nurses. It is the same language that's in House Bill 36 that has already passed this House, and I think it's acceptable to the author. And I move passage.

THE CHAIR: The amendment's acceptable to the author. Is there any objection? Chair hears none. The amendment's adopted. Following amendment, the clerk will read the amendment. Chair recognizes Mr. Chisum for a motion to reconsider.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, I move to reconsider the vote by which amendment No. 24 by Perry was not adopted.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, you should have amendment 24 up on the screen. Chair recognizes Representative Perry.

REPRESENTATIVE CHARLES PERRY: Members, I wanted to come back to this real quick. I know it's kind of a confusing amendment to the bill, and I appreciate Mr. Chisum bringing it back up. And there was support for this, going back and going through and talking to people as to what it was intended to do. This has been something we have been working on for several months, now this initiative. And it's not to reflect the lack of effort that's currently going on in our current OIG arrangement. But rather it reflects we have Medicaid fraud out of control. There's numerous issues associated with how we currently go after the Medicaid fraud. Specifically we have technology --

THE CHAIR: Mr. Riddle, for what purpose?

REPRESENTATIVE DEBBIE RIDDLE: Would the gentleman yield?

REPRESENTATIVE CHARLES PERRY: I yield.

THE CHAIR: He will.

REPRESENTATIVE DEBBIE RIDDLE: I didn't mean to interrupt your explanation, so if you want to finish that. But on first glance this looks like a very good amendment, and one we do need to reconsider. I would like you to explain a little bit greater in depth, which I think you're doing, regarding how this affects Medicaid fraud.

REPRESENTATIVE CHARLES PERRY: It makes -- Let me give you a little brief history. I know it's late in the day and I know you guys have had more of this than you can stand today, but this initiative started a few months back, and in that process, several venders were vetted, this is not a vendor bill, but what we were looking for is solutions to Medicaid and how we

(inaudible). Specifically, what we were looking for is how to replace and chase mode. Where we send the money out and then chase it later, if we suspect it was sent it out incorrectly. So we're looking for technology that would fulfill the need of a (inaudible) effectively saving the taxpayers' dollars by never even sending it out to begin with. Secondly, part of that is if we send it out and have to go get it, and determine that it is fraud, then we have to the federal government for our share, 60 percent of that roughly is what we have to write back to the federal government. So the current chase and place model currently that we have in place is not a very efficient way of delivering our Medicaid dollars. There's a backlog of cases that through the data that we were able to run and do some things with that show that we were just woefully under technology. So what we're trying to do is move the OIG

(inaudible) into different technology. In addition to that, our current OIG that we have under Health and Human Services is currently upon a threshold of fraud or abuse or difference of how we apply Medicaid at a different level. And what we found throughout the industry that are -- especially in this area of Medicaid and where it goes, and when it's done inappropriately or not applied, is that there's opportunities for people that are misusing the system and taking advantage of the dollars given, that they were -- there is a certain threshold. This is what the industry of technology offers to bring to this. Our current OIG has got case loads that are backed up over four years in life, they're averaging four years and some of them upwards of about 6,000 different cases. Currently they're working the OIG to go through that data that we ran the data on. I'm just telling you guys, Medicaid will would become -- will become and the entitlement program that we have will become soon the number one budget item soon. And shortly, in this state as well as across the country, this is one of the areas that if we choose not to do anything about and let this continue, we will go broke as a state and there will be no money for education. So this is something that I feel strongly about. This is something we started working on about July of last year, actually, before I was ever even put in November to go forward with the process. So I would encourage you guys to reconsider, I think there was some confusion on what was done. The authors on this, Mrs. Kolkhorst and Chisum and me and John, and we've been talking about what that was about. This is a start of changing the way we view Medicaid --

REPRESENTATIVE DEBBIE RIDDLE: Representat ive, you are correct, it does sound very confusing. And I think that all of us agree that Medicaid fraud is something that we need to address, that we don't -- we just don't want to ignore it. Can you sum up it up with -- in a one or two sentence explanation? Because of the complexity of it, you may not be able to. But can you tell us in one or two sentences what you are trying to do in this amendment?

REPRESENTATIVE CHARLES PERRY: I'm trying to make the Medicaid dollars that we spend and are matched by federal government go to the people that was it was intended to do.

REPRESENTATIVE DEBBIE RIDDLE: I'm sorry, I couldn't hear you.

REPRESENTATIVE CHARLES PERRY: I am trying to make sure that the Medicaid dollars that we spend on the folks that need it are the people that are supposed to get it.

REPRESENTATIVE DEBBIE RIDDLE: Okay. Very good.

REPRESENTATIVE CHARLES PERRY: I was just told it was acceptable to the author, so that makes my life a whole lot easier.

THE CHAIR: Representative Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Did I miss that last part, Charles, that you said that Dr. Zerwas said it was going to be acceptable to the author?

REPRESENTATIVE CHARLES PERRY: He did.

THE CHAIR: Representative Perry offers up an amendment. The amendment is acceptable to the author. Is there any objections? There is an objection. Please excuse Representative Eiland because of negotiations with the Senate, on the motion of Representative Geren. The amendment is temporarily withdrawn. Members, I'm sorry, that was wrong. The amendment is not temporarily withdrawn. Representative Perry sends up an amendment. The amendment's acceptable to the author. Is there any objection? Chair hears none. So ordered. Members, Representative Gonzales moves to reconsider the vote on which the amendment on page 28 of your packet passed. Are there any objections? Chair hears none. So ordered. We're now on the amendment of page 28 of your packet. Chair recognizes -- Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Gonzales of Hidalgo.

THE CHAIR: Chair recognizes Representative Gonzales.

REPRESENTATIVE VERONICA GONZALES: Members , this is an amendment to Senate Bill 7, which was an amendment to Senate Bill 23. What this amendment does is in our current -- what we call the diagnosis related group payment system for inpatient hospitals; women, children. And mental health services have been historically and traditionally underfunded. This amendment asks the commission to consider a method to alleviate these disparities when transitioning to an all payor DRT system. And I believe it's acceptable to the author.

THE CHAIR: Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. Members, I think that this is good amendment to Senate Bill 7. I'm happy to work with Chair Gonzales on this amendment. So it's acceptable to the author.

THE CHAIR: Representative Gonzales offers up an amendment. The amendment is acceptable to the author. Are there any objections? Chair hears none. So ordered. Following amendment, the clerk will read the amendment. Members, the question occurs on the amendment No. 2 as amended. Are there any objections? Chair hears none. So ordered. Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Landtroop.

THE CHAIR: Chair recognizes Representative Landtroop.

REPRESENTATIVE JIM LANDTROOP: Thank you, Mr. Speaker. Members, I have an amendment to the amendment, which just adds an exception to an abortion related -- abortion related services in a medical emergency. And it is acceptable to the author.

THE CHAIR: The amendment to the amendment. Clerk will read the amendment.

THE THE CLERK: Amendment to the amendment by Landtroop.

THE CHAIR: Chair recognizes Representative Landtroop. Representative Giddings, for what purpose?

REPRESENTATIVE HELEN GIDDINGS: Mr. Speaker, will the gentleman yield for a question, please?

THE CHAIR: Will the gentleman yield?

REPRESENTATIVE JIM LANDTROOP: Yes, I will.

THE CHAIR: He will yield.

REPRESENTATIVE HELEN GIDDINGS: Yes, Representative, could you tell me what abortion related services -- what does that mean?

REPRESENTATIVE JIM LANDTROOP: That -- I can tell you what I believe that means. I believe that means any service that performs -- with the intent to lead to performing an abortion.

REPRESENTATIVE HELEN GIDDINGS: So it would not include prescriptions for birth control?

REPRESENTATIVE JIM LANDTROOP: No.

REPRESENTATIVE HELEN GIDDINGS: Okay. And it would not include sonograms on their own, not associated -- a sonogram that has to do with pregnancy but not necessarily with the intent to have an abortion?

REPRESENTATIVE JIM LANDTROOP: Correct.

REPRESENTATIVE HELEN GIDDINGS: It sounds like you have an amendment to your amendment that deals with one of the questions that I have, and that was does your amendment make any exceptions for medical emergencies?

REPRESENTATIVE JIM LANDTROOP: And yes, that was the amendment to amendment to put that exception in there.

REPRESENTATIVE HELEN GIDDINGS: Okay. I have another question here, I think. If a doctor is employed part-time by an organization that provides abortion related services, and also employed part-time by a state owned hospital that does not provide abortions, would the state hospital be ineligible for reimbursement from the family planning programs?

REPRESENTATIVE JIM LANDTROOP: Not unless the hospital itself is where the abortions were performed.

REPRESENTATIVE HELEN GIDDINGS: Okay. In this case, as I was speaking to the doctor, basically, having two places of employment. Okay. Okay. I think that pretty much answers -- Oh, one other question. Would a family planning clinic that is an affiliate of a hospital be defunded?

REPRESENTATIVE JIM LANDTROOP: Does -- Well, that depends on if they perform abortion or abortion related services.

REPRESENTATIVE HELEN GIDDINGS: Okay. And I think the abortion related is a term that's little bit --

REPRESENTATIVE JIM LANDTROOP: Little tricky.

REPRESENTATIVE HELEN GIDDINGS: Yeah, because it's subjective, and it's kind of -- what I think that means and what you think that means, and that could be different. Thank you.

REPRESENTATIVE DONNA HOWARD: Mr. Speaker?

THE CHAIR: Representative Howard, for what purpose? Would the gentleman yield?

REPRESENTATIVE JIM LANDTROOP: Yes, ma'am.

THE CHAIR: He yields.

REPRESENTATIVE DONNA HOWARD: Thank you. I'm also concerned about the interpretation of some things in your amendment here, and when you're talking about the abortion related services I'm wondering if you intend to include such things as those who were counseling women who have questions about their pregnancy, and are wanting to know about possible options that may include abortion. And a group that is opposed to that being an option still counsels them about that, would that not be abortion related?

REPRESENTATIVE JIM LANDTROOP: Really, the best I can -- I do see the issue with that. The best I can answer is if -- is if there's a service performed with the intent to lead somebody to have on a abortion, then I would consider that to be an abortion related service. If that was not the intent then I wouldn't.

REPRESENTATIVE DONNA HOWARD: So what it says specifically, abortion related, it doesn't say actually seeking -- with the end product being an abortion. But that's what your interpretation is, what you are saying?

REPRESENTATIVE JIM LANDTROOP: That's my interpretation.

REPRESENTATIVE DONNA HOWARD: I don't come up to the mic and speak a whole lot, but I am getting very concerned about the fact that it continues to be men who are up there creating this legislation to affect women's bodies and their choices and -- I'm sorry, but I'm getting pretty tired of this.

THE CHAIR: Representative Farrar, for what purpose?

REPRESENTATIVE JESSICA FARRAR: Will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE JIM LANDTROOP: I will.

THE CHAIR: Go ahead.

REPRESENTATIVE JESSICA FARRAR: Mr. Landtr oop?

REPRESENTATIVE JIM LANDTROOP: Yes.

REPRESENTATIVE JESSICA FARRAR: What you believe to be abortion related services -- someone else, third party, can they look at that and understand what is meant by that? Is it defined somewhere?

REPRESENTATIVE JIM LANDTROOP: I can't speak for a third party.

REPRESENTATIVE JESSICA FARRAR: No. But a physician, a nurse practitioner, someone -- a health professional, would they be able to look somewhere to see what that definition is?

REPRESENTATIVE JIM LANDTROOP: I'm not advised. I don't know where.

REPRESENTATIVE JESSICA FARRAR: Wait a minute. How -- how -- how are health professionals supposed to know when they are providing an abortion related service, if you can't even define that here?

REPRESENTATIVE JIM LANDTROOP: Well, I think that as an a health care professional if you are performing a service with intent to have somebody have an abortion, I would think you'd be aware of that.

REPRESENTATIVE JESSICA FARRAR: How do you get into their head about what intent is, is my question?

REPRESENTATIVE JIM LANDTROOP: I don't know.

REPRESENTATIVE JESSICA FARRAR: So, I'll give you an example: The morning after pill. Some people believe that that is an abortion. Do you believe that?

REPRESENTATIVE JIM LANDTROOP: I personally do.

REPRESENTATIVE JESSICA FARRAR: Okay. So then -- But the pharmacological guide says it is not. So how would a health professional then make a judgment in that situation? Would they go by what you believe, or would they go by what is described, what is defined in medical journals?

REPRESENTATIVE JIM LANDTROOP: I would imagine a medical journal would take precedence over my personal belief in the situation.

REPRESENTATIVE JESSICA FARRAR: I see. Very interesting. Go ahead.

REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker?

THE CHAIR: Representative Turner, for what purpose?

REPRESENTATIVE SYLVESTER TURNER: Would the gentleman yield?

THE CHAIR: Gentleman yields.

REPRESENTATIVE JIM LANDTROOP: Yes, I do.

REPRESENTATIVE SYLVESTER TURNER: And, Representative Landtroop, let me apologize if someone has asked you these questions before.

REPRESENTATIVE JIM LANDTROOP: Yes.

REPRESENTATIVE SYLVESTER TURNER: But I was in the back. Not too long ago in this session we passed a bill on sonograms, and we are mandating that women get sonograms. Are you familiar with that piece of legislation?

REPRESENTATIVE JIM LANDTROOP: Yes.

REPRESENTATIVE SYLVESTER TURNER: Now I would interpret that as an abortion related service. Would you also interpret that as an abortion related service?

REPRESENTATIVE JIM LANDTROOP: If it was in a facility with the intent of to take them to provide an abortion, yes. But --

REPRESENTATIVE SYLVESTER TURNER: But this is in accordance with your amendment. Your amendment says that that funding would not be provided to a facility that says -- a facility that does not perform abortion or provide abortion related services. Now we ordered women to get sonograms. That is an abortion related service. And that's what your amendment says.

REPRESENTATIVE JIM LANDTROOP: Well, it could be --

REPRESENTATIVE SYLVESTER TURNER: Your amendment would cut off funding to any facility or provider that performs a sonogram.

REPRESENTATIVE JIM LANDTROOP: Now it wouldn't cut off all funding.

REPRESENTATIVE SYLVESTER TURNER: It would cut off any funding from family planning services.

REPRESENTATIVE JIM LANDTROOP: For family planning services.

REPRESENTATIVE SYLVESTER TURNER: Right.

REPRESENTATIVE JIM LANDTROOP: Correct.

REPRESENTATIVE SYLVESTER TURNER: But the point that I am making: We have ordered women to get sonograms. That is an abortion related service. And now your amendment would cut off funding to any facility that provides sonograms.

REPRESENTATIVE JIM LANDTROOP: I disagree. When my wife was pregnant she went to have a sonogram, I mean when we knew -- there was never even an option of having an abortion. She went to have an sonogram just to see where we were with the baby. That doesn't make it an abortion related service.

REPRESENTATIVE SYLVESTER TURNER: It is still a sonogram. It is still a sonogram. It is an abortion related service. Now, you may not intend it that way, but when you read your amendment, your amendment includes those types of services been provided. Now, I'm telling you my views, as a lawyer, this is how I would read your amendment.

REPRESENTATIVE JIM LANDTROOP: Okay.

REPRESENTATIVE SYLVESTER TURNER: The other thing is that your amendment is not time specific. So if -- if any person or organization or hospital provided any sort of abortion related services at any point in time, whether it was last year, whether it was two years ago or whether it was five years ago, your amendment says they can't get any funding or any grant.

REPRESENTATIVE JIM LANDTROOP: Correct.

REPRESENTATIVE SYLVESTER TURNER: Is that what you intend?

REPRESENTATIVE JIM LANDTROOP: Well, if that facility -- My intent is not to use taxpayer money to fund abortions.

REPRESENTATIVE SYLVESTER TURNER: Or promote abortion related services?

REPRESENTATIVE JIM LANDTROOP: Or not give money to facilities that perform abortion or abortion related services.

REPRESENTATIVE SYLVESTER TURNER: Right. I understand -- I understand. I think I understand your intent. I am talking about the practical affect of the implementation of your amendment. That's what I'm trying to get at.

REPRESENTATIVE JIM LANDTROOP: Right.

REPRESENTATIVE SYLVESTER TURNER: And what I am saying to you is that if someone performed these services five years ago or ten years ago, your amendment applies to those persons and all facilities.

REPRESENTATIVE JIM LANDTROOP: Well, actually it -- I don't believe it says -- I think it said do not -- that does not perform. Not have not or not will not, but does not perform. So that'd be currently, the way I understand that. That's the way I read it.

REPRESENTATIVE SYLVESTER TURNER: But that's not the way the amendment reads.

REPRESENTATIVE JIM LANDTROOP: It says does not perform abortions.

REPRESENTATIVE SYLVESTER TURNER: Your amendment also says, for example, if I am a doctor and I provide services to two or three different entities, okay, let's say I'm a doctor providing services to a clinic that performs abortions or abortion related services, but at the same time I work for a hospital. Okay. Some other facility?

REPRESENTATIVE JIM LANDTROOP: Yes.

REPRESENTATIVE SYLVESTER TURNER: Now, your amendment says that if -- if I, the doctor, am working for this hospital, I am working for this clinic and one provides services and the other one doesn't, that both -- both entities could be denied funding.

REPRESENTATIVE JIM LANDTROOP: I don't believe it says that.

REPRESENTATIVE SYLVESTER TURNER: It may not be intended to say that, but that's what it says.

REPRESENTATIVE JIM LANDTROOP: Now, if he works for the hospital, and the hospital does not perform abortions, then they're not -- this doesn't apply to them.

REPRESENTATIVE SYLVESTER TURNER: I understand. I -- Representative Landtroop, I understand. I think I understand the intent. You don't want to provide any money that's given to family planning services or anybody performing and abortion or abortion related services. I understand what your intent is. But the practical affect of your amendment goes far beyond what your intent is. And I we ought -- Earlier we --

THE CHAIR: Representative Weber raises a point of order. The gentleman's time is expired. The point of order is well taken and sustained. Representative Landtroop offers an amendment. Is there anyone wishing to speak on, for, or against the amendment? Representative Farrar to speak against.

REPRESENTATIVE JESSICA FARRAR: Mr. Speaker, members, the language in this amendment is so poorly drafted. I mean I'm sorry that we ran out of time because I had more questions for Mr. Landtroop. Several scenarios, you know, we've made abortion so difficult in this state that I predict very soon women will be going underground. So you could have a situation where a woman faces some sort of danger because she has a botched abortion, performed in a back alley, as the term is called. And she could end up having hemorrhaging and all kinds of issues, and so if she finds herself in an emergency room -- so is that an abortion related service? I ask you that. CPCs, Crisis Pregnancy Centers, which we know don't provide health services. However, they do provide counseling and they do provide sonograms and so on. And so as Mr. Landtroop said, it's very unclear about whether sonograms are or are not considered an abortion related service. So myself, who has issues, very serious issues with CPCs, I would tell you that CPCs could lose funding in the way this amendment is worded. So I think it's poorly drafted, it's political in nature, and I would ask to vote no on this amendment.

THE CHAIR: Is anyone wishing to speak on, for, or against the amendment? Representative -- Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, members. I'll just say that we should do this as an up or down vote. Representative Landtroop and I have had an ongoing conversation about -- the same conversation that Representative Turner and Representative Landtroop were having, that the term abortion related is problematic. And I'm looking at it from the physician's point of view. As I think about various services that could be performed, then they could ultimately get interpreted as somehow being attached to an abortion, that's a problem. I, obviously, I'm very supportive of his language regarding abortion, per se. But, when we start talking abortion related, there's not even a good medical definition around that. And so I think -- I think this amendment needs some cleaning up. I think it can be cleaned up with regard to that. I think Representative Landtroop's intention is quite clear, as it relates to the use of any state or federal money for the performance of abortion. But I get confused and uncertain as to what he means by abortion related. So, with that, we've had the conversation I would prefer to see the amendment cleaned up and have that term abortion related taken out of there. Representative wants to vote it up or down, and I will leave that to the will of the House.

THE CHAIR: Representative Landtroop to close.

REPRESENTATIVE JIM LANDTROOP: Thank you Mr. Speaker and members, and I do appreciate all the input and the dialogue. And may be -- But, again, I just want to leave this to the will of the House and I appreciate your vote.

THE CHAIR: Please excuse Representative Geren with the meeting -- meeting with the Senate, on a motion from Representative Zedler. Representative Landtroop sends up an amendment to the amendment. The amendment to the amendment -- Representative Gallego, for what purpose?

REPRESENTATIVE PETE GALLEGO: Mr. Speaker, since Dr. Zerwas indicated that from a medical perspective the language is problematic, and indicated that he'd rather see the abortion -- the term abortion related be taken out of that amendment, has someone offered an amendment to do what Dr. Zerwas requested? Or is that -- Is that the plan? Or is the plan just to go forward on the amendment as is?

THE CHAIR: Members, right now we're voting on the amendment to the amendment --

REPRESENTATIVE PETE GALLEGO: As is?

THE CHAIR: -- by Mr. Landtroop.

REPRESENTATIVE PETE GALLEGO: There's no motion to table, so it's simply a vote up or down on the amendment?

THE CHAIR: Please excuse Representative Branch for a meeting with the Senate, on a motion by Representative Flynn. Members, we're on Representative Landtroop's amendment to the amendment. The amendment is acceptable to the author. Mr. Landtroop being that author. Are there any objections to the amendment to the amendment? Chair hears none. So ordered. Members, now we're on the Landtroop amendment as amended. Representative Zerwas will accept the amendment. Are there any objections? Members, vote aye or vote no on the adoption of the Landtroop amendment. Clerk will ring the bell. Have all voted? Have all members voted? There being 90 ayes, 44 nays, 2 present not voting; the amendment is adopted. Is Mr. Miller of Erath on the floor? If not, there are no further amendments, members. Mr. Miller of Erath is on the floor. Members, we're on page 105 of your packet. Following amendment, the clerk will read the amendment.

THE THE CLERK: Amendment by Miller of Erath.

REPRESENTATIVE SID MILLER: Mr. Speaker and members, this amendment is a (inaudible) that rewards the good actors and allows the state to go after the bad actors. It sets up an annual survey in the Department of Aging and Disabilities with a scoring system. If the provider scores an A on the annual survey they are only have to be surveyed every three years.

THE CHAIR: Representative Naishtat, for what purpose?

REPRESENTATIVE ELLIOT NAISHTAT: I wanted to ask the Representative if he would yield for some questions, but I can wait until you lay it out.

REPRESENTATIVE SID MILLER: I'm nearly finished. Let me finish and we'll get your question. If the operator scores a B they would be reviewed biannually, and if they scored a C or lower they would be annually reviewed. This will be less regulation on the good actors, it will be less cost to the state because it will be doing less surveys, and it will save the state money and less regulations on the good providers and reward them. And I'll be glad to yield for some questions.

THE CHAIR: Please excuse Representative Hilderbran because of important business, on a motion by Representative Bonnen. Representative Naishtat, for what purpose?

REPRESENTATIVE ELLIOT NAISHTAT: Will the gentleman yield?

THE CHAIR: Gentleman yields.

REPRESENTATIVE ELLIOT NAISHTAT: Sir, I understand what you're trying to do, but my main concern is that the requirement, the process that you're establishing, would be in violation of federal Medicaid rules. And, if that's the case, then I see no reason to proceed with this. With regard to ICSMR's the federal government says that the -- there must be time limited agreements of twelve months or less between the providers and the state Medicaid agency. So that means that there may be inspections or must be inspections at least every 12 months. And setting up a system where you evaluate these programs and, based on that, you determine whether there will be inspections or follow ups within three years or two years or one year; this violates federal regulations.

REPRESENTATIVE SID MILLER: Your question is what?

REPRESENTATIVE ELLIOT NAISHTAT: My question is, are you aware that what you're proposing is in direct violation of federal regulations concerning Medicaid?

REPRESENTATIVE SID MILLER: Mr. Naishtat, I'm going to disagree with you. But I'm going to make you the same deal that I made to the author of the bill, and we've talked about your question prior to me laying this out. And I told him if we find, in our research, we find that we are in violation of federal law, you know, I would hope he would strip it out but. It's not my intention to violate federal law. I don't believe this does. But if we don't find it does it's certainly all right with me if we take it out, because I don't want to jeopardize our state in any way of violating the federal law.

REPRESENTATIVE ELLIOT NAISHTAT: Do you know who resides in and are served by ICFMR's and HDS providers?

REPRESENTATIVE SID MILLER: Yes, I do.

REPRESENTATIVE ELLIOT NAISHTAT: Are these not individuals with disabilities, intellectual, developmental disabilities who may be medically fragile.

REPRESENTATIVE SID MILLER: Some of them are. Some of them are not medically fragile.

REPRESENTATIVE ELLIOT NAISHTAT: They are people with disabilities.

REPRESENTATIVE SID MILLER: Some type of disability, not necessarily a medical disability --

REPRESENTATIVE SID MILLER: That's correct.

REPRESENTATIVE ELLIOT NAISHTAT: They all have some type of disability, that's why they're in the facilities --

REPRESENTATIVE SID MILLER: That's correct.

REPRESENTATIVE ELLIOT NAISHTAT: And that these individuals are dependent on receiving care from the providers, correct?

REPRESENTATIVE SID MILLER: That's why they're there, yes.

REPRESENTATIVE ELLIOT NAISHTAT: So, the question is how can you be sure that your amendment wouldn't place these vulnerable populations at risk?

REPRESENTATIVE SID MILLER: Well, we're going to crack down on those that are in violation. It doesn't prohibit any complaints being used. It doesn't prohibit random reviews for inspection. Just the annual inspection would go to a tired system. It would allow for any complaints to be followed up on, still allow for random inspections. What we're trying to do is just reward the good actors, less regulation on them, and more supervision of those who infringe on these patient's rights.

REPRESENTATIVE ELLIOT NAISHTAT: I understand. But wouldn't this prohibit the state regulatory agency from conducting regular inspections of a provider who serves individuals with disabilities?

REPRESENTATIVE SID MILLER: Absolutely. That's what I'm trying to do, prevent redundant, unnecessary reviews by the state on people that are doing a good, excellent job. I want them to refocus on that, get off the good actors and go after these bad actors and review them more often. You're exactly right. Thank you.

REPRESENTATIVE ELLIOT NAISHTAT: Wouldn't you agree that a provider might have an excellent or a good rating at the time of an inspection, but there's nothing to assure that the care and services provided will stay at that same quality, and that's why the department has always had the discretion to go in and do an inspection?

REPRESENTATIVE SID MILLER: Actually, they still have that authority. And there is a safeguard in that. This does not prohibit inspection when they have a complaint, or it doesn't -- it doesn't prohibit them if they are suspicious of wrongdoing, of doing a random survey.

REPRESENTATIVE ELLIOT NAISHTAT: Well, wouldn't you agree that --

REPRESENTATIVE SID MILLER: I'll intervene

(inaudible) it is the annual perpetual survey. It would be a cost savings to the state, and would reward the good actors and would be an encouragement to those who continually fail in the surveys to get their act together and start doing a better job. That's all.

REPRESENTATIVE ELLIOT NAISHTAT: Wouldn't you agree that if we have a regulatory agency and a process in place for a reason to protect a vulnerable population, that we shouldn't mess with it?

REPRESENTATIVE SID MILLER: No. I think we need to mess with it.

REPRESENTATIVE ELLIOT NAISHTAT: Well, I think that you would put vulnerable populations at great risk by instituting this process.

REPRESENTATIVE SID MILLER: I don't believe it does that. I believe it rewards the good actors and encourages better service to these populations.

REPRESENTATIVE LOIS KOLKHORST: Mr. Chairman?

THE CHAIR: Representative Kolkhorst, for what purpose?

REPRESENTATIVE LOIS KOLKHORST: Will the gentleman yield?

REPRESENTATIVE SID MILLER: I yield.

THE CHAIR: He yields.

REPRESENTATIVE LOIS KOLKHORST: Chairman Miller, in looking at this -- I read this the other night when I thought were laying out SB 23 the next day, so it's been a couple of nights since I read it. One of my concerns on this and when you say it certifies ICSMR facilities, is that big and small ICSMR's? You know, because the biggest ICSMR's are the state supported living centers.

REPRESENTATIVE SID MILLER: These are the private providers.

REPRESENTATIVE LOIS KOLKHORST: Okay. So let me clarify on this other part then. How --

REPRESENTATIVE SID MILLER: Basically group homes.

REPRESENTATIVE LOIS KOLKHORST: Okay.

REPRESENTATIVE SID MILLER: Group homes.

REPRESENTATIVE LOIS KOLKHORST: So here's one of my problems with that, and it's very difficult -- It's no secret in this building that I had the

(inaudible) Supported Living Center. And we have the department of justice in all of our state supported living centers. And if anything I mean remotely goes wrong, if someone slips and falls, it's reported. There is the most intense scrutiny. One of the things that I was always concerned about was that in these group homes that have very fragile people in it, that we weren't surveying them. And it became very difficult -- I've worked real hard on some of this legislation to say we have to level the playing field. I'm not against group homes, but I am protecting the most vulnerable and I have seen, you know, where, you know, the Department of Justice cannot start any of lawsuit almost, with these private venders. So we have these two different standards with these very vulnerable populations. So I would ask you how do you define excellent, good, average and below average?

REPRESENTATIVE SID MILLER: This is set up through the Texas Department of Aging. We give them that ability to set it up. And they'd actually developed the scoring system according to their standards.

REPRESENTATIVE LOIS KOLKHORST: And you are comfortable just letting them do that?

REPRESENTATIVE SID MILLER: Sure.

REPRESENTATIVE LOIS KOLKHORST: Okay.

REPRESENTATIVE SID MILLER: They have no reason to be lenient on these providers, or give them a free pass.

REPRESENTATIVE LOIS KOLKHORST: Do you know if there's abuse you can go to the Department of Aging and Disability Services and know exactly what the abuse in the state supported living centers, but to find out any abuse for the HCS you have to go to DSPS. And I'm just want to make sure --

REPRESENTATIVE SID MILLER: This amendment doesn't touch that or deal with that.

REPRESENTATIVE LOIS KOLKHORST: I know. But I'm giving you as an example, and I want to make sure and I'm asking this as a question that we're not lowering the standards while our large ICSMR's are going through a huge scrutiny. Do you think it in any way lowers the standards?

REPRESENTATIVE SID MILLER: This amendment doesn't deal with the state supported. This is the private providers. And what we're trying to do, and I hope you would agree with me, that we would like -- it's very simple. We're trying to reward the good actors and go after the bad guys. And it will actually not only lower regulation on the good actors and put more oversight on regulation on the bad actors, but it will also save the state money because they won't have the --

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

REPRESENTATIVE SID MILLER: I move passage. I believe it's acceptable to the author.

THE CHAIR: Representative Miller offers up an amendment. The amendment's acceptable to the author. Are there objections? Chair recognizes Representative Zerwas to speak on the amendment.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Mr. Speaker. Members, Chairman Miller and I had quite a bit of conversation around this issue. There is a lot of issues related to federal law on this, and these ideas came from individuals that Chairman Miller knows and have referred to me, and I remember having the conversations with them. They have some good ideas to try to create efficiencies, and they're very close to the business, and some of things that could make a difference. But there are real problems in terms of complying with federal law. I agreed with the Chairman that we would accept this amendment, and the next one, I believe. We would look at it very closely. But, if there is, in fact, federal law ramifications to this then, obviously, we won't be able to pursue that and go forward. Nothing wrong with looking at it and trying to create some efficiencies out there, but I do have a strong sense that we're going to run into some federal regulation issues.

THE CHAIR: Representative Miller offers up an amendment. The amendment is acceptable to the author. Are there any objections? So ordered. Members, that concludes the amendments. Is there anyone wishing to speak on, for, or against? If not, Chair recognizes Representative Zerwas to close.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you. Mr. Speaker, members, and thank y'all for your patience. This is a very, very --

THE CHAIR: Representative Giddings, for what purpose?

REPRESENTATIVE HELEN GIDDINGS: Will the gentleman yield for a question, Mr. Speaker?

THE CHAIR: Gentleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I will.

THE CHAIR: Gentleman yields.

REPRESENTATIVE HELEN GIDDINGS: Thank you very much, Dr. Zerwas. And I know you worked very, very hard on this bill. And, of course, the purpose that you're bringing forth this bill is very laudable. We all are looking for efficiency and cost savings and none of us want to want to see any kind of fraud out there. One of the things that I've noticed in the fiscal note, Dr. Zerwas, is that while we have a really nice fiscal note of almost a half a billion dollars, is that the fiscal note says that there are a number of provisions in the bill, particularly in Section 11, that could have a substantial cost offsetting the positive impact; but they cannot determine those costs at this time. Do you have any idea what the LBB is referring to as it relates to Section 11, when they indicate that there could be some costs that cannot be substantiated at that time?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: R epresentative Giddings, I'm not sure exactly what those are. I've not had any conversations with LBB on that issue. It being such a broad comprehensive bill, I'm quite certain there are probably investments that are probably going to have to be made up front in order to realize what some of those savings are. And with reference to that, I would say that's probably what the issue is with it. But I would have to look back specifically on Section 11 specifically to just try to see what that is.

REPRESENTATIVE HELEN GIDDINGS: As it relates to that possibility, remote or not, is there anything in this bill that would allow us to catch something that was spiraling out of control here, in terms of cost? Is there anything in the bill that would allow us to (inaudible) catch a situation where some of these costs were going the opposite way from which we thought they were going to go?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: G ood question, and I think it's one that the commission is very attendant to. Most of the time they're very focused on trying to realize the efficiency. This particular bill is critical to realize the savings that we're going achieve in Article 2. And so that's why I appreciate the effort. And I know the commission is really focused on realizing that, in terms of bringing Article 2 into the balance with the rest of the budget.

REPRESENTATIVE HELEN GIDDINGS: Okay. So we're going to be looking at -- to the commissioner to sort of focus in on -- his being focused in on this and making adjustments he might make or at least bringing to the attention of the legislators, or the LBB, or somebody; if there is a problem?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T here are a variety of provisions that exist throughout the -- the article as a whole, not necessarily right here in Senate Bill 23. But require the agency to request transfers or monies from the LBB, and they they'd have certain date frames in there in terms of getting approval versus disapproval. So that's kind of the back-and-forth that goes on between LBB and the commission to be sure, that I think there's the checks and balance relating to expenses.

REPRESENTATIVE HELEN GIDDINGS: Dr. Zerwas , the half billion or so that we're talking about here, you and I both serve on Appropriations, but we all can't be everywhere all the time. So this half billion dollars, have we calculated that positive impact into HB 1 or --

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W e have.

REPRESENTATIVE HELEN GIDDINGS: We have.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I n fact, most of these things that y'all have been patient with, that have been approved today, are already embedded in HB 1.

REPRESENTATIVE HELEN GIDDINGS: Okay. I just have a couple of other questions. Dr. Zerwas, as a physician, I know that you are aware that many times as it relates to Medicaid and Worker's Comp and that sort of thing, we really have difficulty, and particularly in some of our underserved areas, some of our rural areas, we really have difficulty in finding providers to service the citizens of Texas at the rate. And we are probably lowering the rate here. Do you -- do you have any concerns about lowered participation being brought on by some of the provisions by this bill?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I t's a very good point, and it's one that we're very focused on and were focused on throughout the entire budgeting period, and into the conference. And to the extent that we were, we zeroed out any reductions in nursing homes, we zeroed out any reductions to the provider network, which includes the physicians. And, as you know, we've made some good strides there in picking up Medicaid patients into the network that we had. Part of that was to the free settlement and some of the changes that we made there. So we were very concerned about the magnitude of cuts that we saw in the House Bill that came out, which was about 8 percent going into the next biennium. We really felt that that was probably going to fracture the provider network and make it difficult for the Medicaid clients to find access to health care. So that's incorporated in there and the ability to do that is incorporated in some of these savings that you realized in SB 23 today.

REPRESENTATIVE HELEN GIDDINGS: Well thanks for your attention to that detail, because that's something that I'm very, very concerned about, is the number of physicians out there who actually are health care providers, actually willing to provide service to our Medicaid patients. And, you know, even though it's not before us today, to even Worker's Comp patients. So I, along with you, I am sure will continue to keep an eye on this.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hank you, Representative Giddings.

REPRESENTATIVE YVONNE DAVIS: Mr. Speaker, does the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I do.

THE CHAIR: Gentleman yields.

REPRESENTATIVE YVONNE DAVIS: Thank you Dr. Zerwas. I wanted to make sure I understood your response to Representative Giddings as it relates to these funds are being (inaudible) we anticipate these funds as part of the funding source for HB 1; is that correct?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: T hat's correct. Some of these -- some of these anticipated savings are were get in HB 1 as it came out.

REPRESENTATIVE YVONNE DAVIS: So based on that, when you look at what -- the way LBB has written a fiscal note my question is are these automatic savings, are these savings that will need to be ratified by waivers at the federal level?

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: W hat you have in SB 23 will not require any significant waivers, to the best of my knowledge. But they have the ability to achieve that waiver if they go there and get that. And so I'm just trying to think, Representative Davis, some of the things that would go through on there. And I know in HB 1 we have a number of waivers anticipated, in order to achieve the savings that we want, but I don't think we have a lot of those in here.

REPRESENTATIVE YVONNE DAVIS: And as I was looking at it, I also thought there was a savings to Fund 6, and I couldn't figure out where in this bill where you provided saving to Funds 6, and so I was trying to understand that.

REPRESENTATIVE JOHN REPRESENTATIVE ZERWAS: I would have to look back into that and go over that with you, in particular, to determine where the highway fund plays into this. I know that we've had -- I'd have to look back into that with you and try to determine that.

REPRESENTATIVE YVONNE DAVIS: And so when I see a savings in the Fund 6, is this 3 billion or 3 million that's going to be saved to Fund 6, is that money going to be moved over to the transportation as part of --

THE CHAIR: Representative raises a point of order, that the gentleman's time is expired. The point of order is well taken and sustained. The question occurs on passage to third reading of Senate Bill 23. All those in favor say aye, those opposed nay. The ayes have it. Senate Bill 23 is passed to third reading. Members, a record vote has been requested. A record vote has been granted. All those in favor, say aye. All those opposed, say nay. This is a record vote. The clerk will ring the bell. Have all voted? Please show Rodney, Representative Rodney Anderson voting aye. Have all voted? Show Representative Otto aye. Representative Crownover aye. Show Representative Branch voting aye. Crownover voting aye. There being 95 ayes, 45 nays, 2 present not voting; senate Bill 23 is passed to third reading. Chair recognizes Representative Kolkhorst for a motion.

REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Chairman, I mean Mr. Speaker, I request permission for the Committee on Public Health to meet while the House is in session at 7:05 p.m. May 19th, 2011, place 3W.9, to consider pending business. Members, we have had to suspend a few times because of the health bill that was on the floor, so I want to warn all the public health folks if we could head up to 3W09. Thank you.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Madam Doorkeeper, for what purpose?

DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.

THE CHAIR: Admit the messenger.

MESSENGER: Mr. Speaker, I'm directed --

THE CHAIR: Chair recognizes Representative Gallego for a motion.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, I would request permission for the Committee on Criminal Jurisprudence to meet at 7:15 this evening, 5/19, in room 3W9, as soon as Ms. Kolkhorst's committee is done; to consider pending business. 7:15, room 3W9 to consider pending business, the Committee on Criminal jurisprudence.

THE CHAIR: Members, you've heard the motion. Is there any objections? Chair hears none. So ordered. Following announcements. Clerk will read the announcement.

THE THE CLERK: The Committee on Public Health will meet at 7:05 p.m. on May the 19th, 2011, at 3W.9. This will be a formal meeting to consider pending business. The Committee on Criminal Jurisprudence will meet at 7:15 p.m. on May the 19th, 2011, in room 3W.9. This will be a formal meeting to consider pending business.

THE CHAIR: Chair lays out as matter of postponed business Senate Bill 1811.

THE THE CLERK: SB 18 by Duncan. Relating to state fiscal matters.

THE CHAIR: Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you, Mr. Speaker and members, I move to postpone House Bill 1811 until 2:00 p.m. tomorrow afternoon, that would be May the 20th.

THE CHAIR: Representative Villarreal, for what purpose? Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business Senate Bill 1511 -- excuse me 1581.

THE THE CLERK: SB 1581 by Ogden. Relating to state fiscal matters, and certain public health and safety matters, related to public and higher education; providing penalties.

THE CHAIR: Mr. Villarreal, for what purpose?

REPRESENTATIVE MIKE VILLARREAL: Mr. Speaker, I'd like to call a point of order. SB 1581 violates Article 3, Section 35 in the Texas Constitution, Rule 8, Section 3 of the House Rules.

THE CHAIR: Please bring your point of order down.

REPRESENTATIVE CHARLIE GEREN: Members, there is dinner in the member's lounge and it's real good.

REPRESENTATIVE JOHN KUEMPEL: Members, the Chair has listened to the argument and authority to the point of order is respectfully sustained. Members, the bill is returned to the point from which the constitutional order has originated -- point of order has originated, which is the Senate, so that it may take whatever action it may choose. Representative Taylor, for what purpose?

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, if you could just repeat that, I didn't hear that.

REPRESENTATIVE JOHN KUEMPEL: The point of order is sustained. Accordingly, the bill is returned to the point in which the constitutional point of order originated, which is the Senate, so that it may take back whatever action it may choose. Representative Isaac, for what purpose?

REPRESENTATIVE JASON ISAAC: Inquiry.

REPRESENTATIVE JOHN KUEMPEL: State your inquiry.

REPRESENTATIVE JASON ISAAC: I'd like to move to reconsider a vote by Representative Burnam on a house rule so that we can wear a Hawaiian shirt since we're going to be here this summer.

REPRESENTATIVE JOHN KUEMPEL: Thank you very much, members. Chair lays out on second reading Senate Bill 663. Clerk will read the bill.

THE CLERK: SB663 by Nichols. Relating to the continuation and functions of the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments; providing an administrative penalty.

REPRESENTATIVE JOHN KUEMPEL: Chair recognizes Representative Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you Mr. Speaker and members. This is the sunset bill for the State Committee of Examiners in the fitting and dispensing of hearing instruments. That committee regulates fitters and dispensers of instruments, commonly known as hearing aids, in Texas. And I have an amendment.

REPRESENTATIVE JOHN KUEMPEL: Members, there's an amendment to the bill. Following amendment, clerk will read the amendment.

THE CLERK: Amendment by Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you Mr. Speaker and members, this amendment simply clarifies language in the bill regarding one of the Sunset Commission's across the board recommendations. The amendment makes the language in the bill consistent with the language used when applying this HEB to all agencies that undergo sunset review. It removes the nonstandard HEB language that was put in modification by me. And it is acceptable to the author.

REPRESENTATIVE JOHN KUEMPEL: Members, Representative Anchia offers up an amendment. It's acceptable to the author. Chair recognizes Representative Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you Mr. Speaker and members. I'd like to thank the sunset staff for working so hard on this and being here all day. And I move passage.

REPRESENTATIVE JOHN KUEMPEL: Members, is there anyone wishing to speak on, for, or against Senate Bill 663? If not, question occurs on passage to third reading of Senate Bill 663. All those in favor say aye, those opposed say nay. The ayes have it, Senate Bill 663 is passed to third reading. Members, the Chair lays out as a matter of postponed business SB650.

THE CLERK: SB650 by Hegar. Relating to the management of certain metropolitan authorities.

REPRESENTATIVE JOE STRAUS: Mr. Taylor, for what purpose?

REPRESENTATIVE VAN TAYLOR: Sure. Mr. Speaker, parliamentary inquiry. Senate Bill 1581, when it came over from the Senate, had -- I don't know, a dozen sections. It was 59 pages long. It was substituted in Appropriations with only eight -- nine articles. It was reduced to 13 pages. The senate ruled that Article 8 of the bill -- I know you're sending it back to the senate saying it became two subjects there. But I really think that the linkage was taken out in Appropriations, so I think it would be appropriate just to send it back to Appropriations than send it all the way back to the Senate.

REPRESENTATIVE JOE STRAUS: Thank you, Mr. Taylor.

REPRESENTATIVE VAN TAYLOR: Thank you.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk will read the amendment. Chair recognizes Representative Cook.

REPRESENTATIVE BYRON COOK: Thank you, Mr. President and members. This is the sunset bill for the

(inaudible). As I told you, we did have an amendment which we need to put on third reading.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk read the amendment.

THE CLERK: Amendment by Coleman.

REPRESENTATIVE JOE STRAUS: The amendment is withdrawn. Following amendment. Clerk read the amendment.

THE CLERK: Amendment by Workman.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Workman.

REPRESENTATIVE PAUL WORKMAN: Mr. Speaker and members, as you know yesterday I put on an amendment to the Capital Metro Sunset Bill, which increased some requirements for them to have more money in reserves. I met with Capital Metro today and got a better understanding of why they wanted to do two months as opposed to three months, and convinced me that's probably the best we're going to get for now. Also the -- I'd also reduced the amount of time that they had from 2016 to 2014. I've given them back to 2016, but I have asked them to give us a report on 2016. But the most important thing I told them when I met with them this morning was that the provision in the bill, which gave them the authority to issue bonds at any time and for any amount wasn't going to fly, and that I intended to offer up a third reading amendment; which I've done. So if you'll look on the screen you'll see that this amendment has tightened up their ability to issue bonds. Now, what this is about, is the bill itself requires Capitol Metro to either have all of their drivers in house, or subcontract all of their drivers. Either way. So if they elect to subcontract them out then they will have an unfunded liability for their pension plan. This amendment strictly gives them the ability to fund that pension plan and nothing else. Members, this is an important bill, as a part of the reorganization of Capital Metro. And I move passage of the amendment.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Cook.

REPRESENTATIVE BYRON COOK: Members, I believe this amendment is necessary if we're going to approve this bill. So it is acceptable to the author.

REPRESENTATIVE JOE STRAUS: Mr. Workman sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none, the amendment is adopted. Following amendment. Clerk read the amendment. Amendment's withdrawn. Chair recognizes Representative cook.

REPRESENTATIVE BYRON COOK: Members, with the inclusion of the last amendment I'm going to recommend that we do approve this sunset bill. I will tell you this, if it comes back from the Senate without this amendment on it and the other that you had, I will at that point recommend that we not concur, because without these amendments this would be a very, very bad bill. But, with that, I will move passage of this questionable bill. Thank you.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 650? If not, the question occurs on final passage of Senate Bill 650. This is a record vote. Clerk will ring the bell. Have all voted? Have all members voted? There being 138 ayes, 1 nay, Senate Bill 650 is finally passed. Excuse Representative Villarreal for important committee business, on the motion of Representative Menendez. Is there objection? Chair hears none, so ordered. Chair lays out on second reading Senate Bill 660. Clerk, read the bill.

THE CLERK: SB660 by Hinojosa. Relating to the review and functions of the Texas Water Development Board, including the functions of the board and related entities in connection with the process for establishing and appealing desired future conditions in a groundwater management area.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you Mr. Speaker. Members, this is the bill for the Texas Development Water Board. And first, let me thank the Sunset Staff, along with the members and the staff of the Natural Resources Committee, for all the hard work they've done on this, as well as the Speaker's Office and the Governor's Office. Been a long, thoughtful process. We've come up with a package I really believe enhances our ability to develop and manage water resources in Texas. Members, Senate Bill 660 addresses six issues evaluated by the Sunset Commission that include making improvements to certain data requirements, further developing processes associated with the state water planning and expanding tools and clarifying procedures related to the board's financial assistance programs. The bill also strengthens the process for developing DSCs and establishing a process to appeal BSCs to SOA. Members, the major provisions of this bill include the following: It clarifies how the board's development fund bonds are treated for purpose of calculating the constitutional debt limit. It authorizes the board to request the Attorney General to take legal action to compel a recipient of any of the board's financial assistant programs, secure or prevent default in payment. It clarifies the duty of the Texas Natural Resources Information System and abolishes the Texas Geographic Information. It requires the board to evaluate the state's progress in meeting its water needs as a part of the state's water plan, and requires that the development of uniform detailed gallons per capita daily reporting requirements. It strengths the process for developing desired future conditions for aquifers, and it better aligns the process for our state water planning. And last, it replaces the process to petition the reasonableness of a DSC as the board would petition to an individual groundwater district to challenge the DSC at a State Office of Administrative hearings. And, Mr. Speaker, I believe we have a few amendments.

REPRESENTATIVE LARRY PHILLIPS: Mr. Speaker , will the gentlemen yield?

REPRESENTATIVE JOE STRAUS: Mr. Phillips, Mr. Ritter, do you yield?

REPRESENTATIVE ALLAN RITTER: Yes, I yield.

REPRESENTATIVE LARRY PHILLIPS: Chairman Ritter, thank you for your hard work on natural resources this year, and water issues. I just wanted to check about this legislation. Does this Senate Bill contain any provisions related to CCNs that -- and their boundaries, and how anyone would get --

REPRESENTATIVE ALLAN RITTER: No, Representative Phillips, this bill does not. It would not even be germane.

REPRESENTATIVE LARRY PHILLIPS: Okay. And you don't think anybody's going to try to put amendments on --

REPRESENTATIVE ALLAN RITTER: No.

REPRESENTATIVE LARRY PHILLIPS: Okay. Thank you, sir.

REPRESENTATIVE ALLAN RITTER: Okay.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Ritter.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Members, this amendment makes technical corrections to the language in the DSC development process and changes terminology to be consistent with the legislations that already passed. This amendment also makes changes to factory districts, must consider in establishing the DSC to make the considerations more workable. And it is acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Ritter sends up an amendment, the amendment is acceptable to the author. Is there objection? The Chair hears none, amendment is adopted. Following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Laubenberg.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Laubenberg. Following amendment. Clerk, read the amendment.

THE CLERK: Amendment to the amendment by Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: Okay. This amendment to the amendment is a technical cleanup, and also states how the measurement data can be used. And it's acceptable to the author. I move passage.

REPRESENTATIVE JOE STRAUS: Representative Laubenberg sends up an amendment to the amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none, the amendment is adopted. We're back on the Laubenberg amendment. Chair recognizes Representative Laubenberg.

REPRESENTATIVE JODIE LAUBENBERG: All right. This amendment sets up a method for calculating water use and conservation use, and water use, it sets up recommendations on how to measure water use and conservation. And it's acceptable to the author and I move passage.

REPRESENTATIVE JOE STRAUS: Representative Laubenberg sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. The amendment is adopted. The following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Price.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Price.

REPRESENTATIVE WALTER PRICE: Thank you Mr. Speaker and members, this amendment pertains to the DSC appeal process set forth in the bill, it further clarifies and distinguishes between part of the process that appeal procedural matters to the TCEQ and administrative appeals to SOA, and what happens beyond that if it's appealed to a district court in the GMA. It cleans up language in the Texas (inaudible) and it also consolidates the matters in case you have more than one petitioner, and also consolidates or gives the ALJ the ability to consolidate cases, what that does is increase efficiency in state and reduces cost. And I believe the amendment is acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Price sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. The amendment is adopted. Chair recognizes Representative Gallego for a motion.

REPRESENTATIVE PETE GALLEGO: Thank you Mr. Speaker. Members, I previously requested permission for the Committee on Criminal Jurisprudence to meet in room 3W9. However, that room is still being used. So I'm coming back to the House staff for permission to meet at 7:30 p.m. on the 19th, which is tonight, in room 3W15, to consider Senate Bill 1695 and pending business.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. The following announcement. Clerk, read the announcement.

THE CLERK: The Committee on Criminal Jurisprudence will meet at 7:30 p.m. on May the 19th, 2011, in room 3W.15. This will be a formal meeting to consider pending business and SB1695.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Pitts for a motion.

REPRESENTATIVE JIM PITTS: Mr. Speaker and members, I request permission for the Committee on Appropriations to meet while the House is in session at 8:00 p.m. May the 19th, 2011, at 1W14, which is the Ag Museum, to consider SJR5 and SC1588.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Following announcement. Clerk, read the announcement.

THE CLERK: The Committee on Appropriations will meet at 8:00 p.m. on May the 19th, 2011, in room 1W.14, the Agricultural Museum. This will be a formal meeting to consider SJR5 and SB1588.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk, read the amendment.

REPRESENTATIVE SCOTT HOCHBERG: Mr. Speaker ?

REPRESENTATIVE JOE STRAUS: Mr. Hochberg, for what purpose?

REPRESENTATIVE SCOTT HOCHBERG: Parliament ary inquiry.

REPRESENTATIVE JOE STRAUS: State your inquiry.

REPRESENTATIVE SCOTT HOCHBERG: Did I just hear that we're going to meet to take up Senate Bill 15, was that 1581?

REPRESENTATIVE JOE STRAUS: 1588.

REPRESENTATIVE SCOTT HOCHBERG: 1588, so that is a different bill from the one we just sent back? Okay. I'm sorry.

THE CLERK: Amendment by Martinez Fischer.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Martinez Fischer.

REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you Mr. Speaker and members, this is an amendment that will provide for a study in hydro-fracking, provided there are funds available to conduct the study. I believe it's acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Martinez Fischer sends up an amendment. The amendment is -- Following amendment. Clerk, read the amendment.

THE CLERK: Amendment to the amendment by Martinez Fischer.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Martinez Fischer.

REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you Mr. Speaker and members, this is the amendment that actually puts in the bill the ability to do the study, provided there are funds available. Acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Martinez Fischer sends up an amendment to the amendment, it's acceptable to the author. Is there objection? Chair hears none. The amendment's adopted. Back on the Martinez Fischer amendment. Chair recognizes Representative Martinez Fischer.

REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you Mr. Speaker, this is the amendment. It's acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Martinez Fischer sends up an amendment. It's acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Anyone wishing to speak on, for, or against Senate Bill 660? If not, the question occurs on passage to engrossment of Senate Bill 660. All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 660 passes to engrossment. Chair lays out on second reading House Bill 543. Clerk, read the bill.

THE CLERK: SB543 by Hegar. Relating to a probate extension for estates of certain law enforcement officers, firefighters and others killed in the line of duty.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: Thank you Mr. Speaker and members, Senate Bill 543 is the exact same bill as House Bill 1209, that the House passed on March 30th. It waives probate fees for law enforcement officers, firefighters and other personnel killed in the line of duty. I move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 543? The question occurs on passage to engrossment of Senate Bill 543. All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 543 is passed to engrossment. Chair lays out on second reading, Senate Bill 710. The clerk will read the bill.

THE CLERK: SB710 by Van de Putte. Relating to disclosure of hazardous draining of swimming pool or spa by residential real property.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Thank you Mr. Speaker and members. Senate Bill 710 is a simple disclosure, it does not mandate anyone to take action, it simply requires disclosure requiring notice of hazardous swimming pools, spa or hot tub drains in a seller's disclosure of notice of residential property. I move adoption. Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 710? If not the question occurs on passage to engrossment of Senate Bill 710. All those in favor say aye, all those opposed say nay. Ayes have it. Senate Bill 710 is passed to engrossment. Chair lays out on second reading Senate Bill 864. Clerk, read the bill.

THE CLERK: SB864 by Rodriguez. Relating to the retail price list provided by funeral establishments.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: Members, this is a simple bill that requires funeral homes to disclose the price of filing a life insurance claim to a retail price list. A few constituents of mine had complaints because the cost of filing a claim had not been disclosed to them ahead of time. Members, I believe there's an amendment.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Gutierrez.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gutierrez.

REPRESENTATIVE ROLAND GUTIERREZ: Members, this does is changes some hours. The provisional license program hours of flexibility, and also allows some different charging directions for the funeral director in charge.

REPRESENTATIVE JOE STRAUS: Representative Gutierrez sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. The amendment is adopted. Chair recognizes Representative Marquez.

REPRESENTATIVE MARISA MARQUEZ: Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 864? If not, the question occurs on passage to engrossment of Senate Bill 864. All those in favor say aye, those opposed say nay. The ayes have it. Senate Bill 864 is passed to engrossment. The Chair lays out on second reading Senate Bill 1416. Clerk, read the bill. Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Thank you Mr. Speaker and members, I'd like to postpone consideration of Senate Bill 1416 until 7:45, May 19th. Today, May 19th.

REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading Senate Bill 761. Clerk, read the bill.

THE CLERK: SB761 by West. Relating to the employment of physicians in hospitals associated with nonprofit fraternal organizations.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Truitt.

REPRESENTATIVE VICKI TRUITT: Thank you Mr. Speaker and members, this -- because of our nation's economic struggle, some charitable hospitals are in dire need of resources. Some of these charitable hospitals have considered taking third party reimbursements, which they traditionally have not. If these hospitals do take third party reimbursements, and they also directly employ physicians, they would be engaged in the sharing of income between doctors and the HOP. This sharing of income is prohibited by law. This bill codifies certain hospital existing practice of employing physicians and provides the billing and receipt of third party reimbursements would not affect the ability of the hospitals to employ physicians. Procedures will be in place to protect the physicians' independent medical judgment and the physician-patient relationship.

REPRESENTATIVE DAN BRANCH: Mr. Speaker?

REPRESENTATIVE JOE STRAUS: Mr. Branch, for what purpose?

REPRESENTATIVE DAN BRANCH: Will the gentle lady yield for some questions?

REPRESENTATIVE JOE STRAUS: Representative Truitt, do you yield?

REPRESENTATIVE VICKI TRUITT: Certainly.

REPRESENTATIVE DAN BRANCH: Chairman Truitt, this bill that you have got before us will help the Shriner hospitals that have basically been helping the children of Texas for I guess more than a century, at no cost?

REPRESENTATIVE VICKI TRUITT: Shriner's Hospital in Dallas, in particular, has always employed its physicians, but it's never taken any third party reimbursement. So that made them unique. But given the economic times, they're going to have to start, and they don't want to lose any of the wonderful -- they do miracles at the hospital, do great things for the children.

REPRESENTATIVE DAN BRANCH: Well, thank you for this legislation. I know it will really help continue the mission of the Shriner Hospital in Dallas. Thank you.

REPRESENTATIVE VICKI TRUITT: Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 761? The question occurs on passage of Senate Bill 761. Those in favor say aye, those opposed say nay. The ayes have it. Senate Bill 761 passes to engrossment. Chair lays out on second reading Senate Bill 567. Clerk, read the bill.

THE CLERK: SB567 by Uresti. Relating to the jurisdiction of certain proceedings brought by the Attorney General, respected charitable trust.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Thank you Mr. Speaker and members. SB 587 simply amends the Texas Property Code to provide the Attorney General withstanding to intervene in any proceeding involving a charitable trust on behalf of the general interest of the public of the State of Texas. This proposal will save the agency travel cost. With that, I move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 587? If not, the question occurs on passage to engrossment of Senate Bill 587. All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 587 passes to engrossment. The Chair lays out HCR21. Clerk, read the resolution.

THE CLERK: HCR21 by Gallegos. Urging Congress to reauthorize the Water Resources Development Act of 2007, Section 5056, and to appropriate sufficient funds so that efforts to solve the salt problem in the Amistad International Reservoir can continue.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Dutton. REPRESENTATIVE HAROLD DUTTON, JR.: Mr. Sp eaker and members, I move to postpone HCR25 -- 21 then okay. Well, 21, until 7:45.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business Senate Bill 5. Clerk, read the bill.

THE CLERK: SB5 by Zaffirini. Relating to public institutions of higher education, including the administration operations by national management and reporting requirements for those institutions.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker and members, I know we have a couple of third reading perfecting amendments from Mr. Hughes and Mr. Zedler in their amendments yesterday, and these just change a few words to make sure we don't -- I know in one case we don't have criminal sanctions on some of our students and their student advisory committee so --

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Hughes.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hughes.

REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, we put a transparency amendment on the bill when it was up on second reading to make sure the student advisory committees were subject to open meetings. In doing that, we brought in more of the open meetings than we needed to. So this amendment makes it clear that we got to have notice, everyone's got to be welcome to be there, everything out in the open. It's acceptable to the author. I move adoption.

REPRESENTATIVE JOE STRAUS: Representative Hughes sends up an amendment, the amendment is acceptable to the author. Is there objection? The Chair hears none. Amendment is adopted. Chair lays out the following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Zedler.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hughes.

REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. On behalf of our colleague, Mr. Zedler, he had put in an amendment with Mr. Branch's agreement yesterday that allowed for check registers to be put online for more open government transparency. This clarifies, makes a one word change to tighten it up. The author's agreeable to it. I move adoption.

REPRESENTATIVE JOE STRAUS: Representative Hughes sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. The amendment is adopted. Following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Branch.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Yes, this is a report that we had taken out and the state comptroller, state auditor called and asked if we could include one more report and not take it out. And it's acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Branch sends up an amendment, the amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The following amendment. Clerk, read the amendment.

THE CLERK: Amendment by Brown.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Brown.

REPRESENTATIVE FRED BROWN: Thank you Mr. Speaker and members, this amendment updates the education code to reflect existing programs at Texas A& M University Health Science Center. It doesn't create any new programs, doesn't change any existing programs, it does not change the institution's funding in any way. Move passage.

REPRESENTATIVE DAN BRANCH: This was a bill that I had carried and so this is just to make sure we get it, in case it doesn't make it through the process. And it's acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Brown sends up a an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. So ordered. Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker and members, I move passage.

REPRESENTATIVE JOE STRAUS: The question occurs on final passage of Senate Bill 5. This is a record vote. Clerk, ring the bell. Have all voted? Have all members voted? There being 136 ayes and 0 nays, Senate Bill 5 is finally passed. Char lays out as a matter of postponed business Senate Bill 1416. Clerk, ring the bell.

THE CLERK: SB1416 by Hinojosa. Relating to the creation of the offense of possession, manufacture, transportation, repair, or sale of a tire deflation device; providing criminal penalties.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you Mr. Speaker. Senate Bill 1416 relates to adding a tire deflation device to the list of prohibited weapons that would be a criminal offense to possess, manufacture, transport, repair or sell. I believe there is an amendment.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk will read the amendment.

THE CLERK: Amendment by Fletcher.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Fletcher.

REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker , members, drug runners along the southern border are deploying those tire de-inflation devices while being pursued by law enforcement. The DPS has seen injuries to officers and damage to their vehicles because of the these devices. These devices endanger everyone else on the roadway. The amendment adds the use of a tire deflation device against the pursuing officer as a felony in the third degree.

REPRESENTATIVE JOE STRAUS: Amendment is --

REPRESENTATIVE DAN BRANCH: It's acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Fletcher sends up an amendment. The amendment is acceptable to the author. Is there objection? The Chair hears none. The amendment is adopted. Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: I move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1416? The question occurs on passage of Senate Bill 1416. All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 1416 passes to engrossment. Char lays out as a matter of postponed business, HCR21. Clerk, read the resolution.

THE CLERK: HCR21 by Gallego. Urging Congress to reauthorize the Water Resources Development Act of 2007, Section 5056, and to appropriate sufficient funds so that efforts to solve the salt problem in the Amistad International Reservoir can continue.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you Mr. Speaker, this has to do with the salt in the river, and asking for some federal help. I move adoption.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against HCR21? The question occurs on the adoption of HCR21. It's a record vote. Clerk, ring the bell. Have all voted? Show Representative Flynn voting aye. Show Representative Gallego voting aye. Have all voted? There being 138 ayes and 1 nay, HCR21 is adopted. House calls up House Bill 1286 with an amendment. Clerk, read the bill.

THE CLERK: HB1286 by Howard of Travis. Relating to adoption of rules by the University Interscholastic League.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Howard for a motion not to occur in the appointed House Committee.

REPRESENTATIVE DONNA HOWARD: Thank you Mr. Speaker and members, House Bill 1286 has three Senate amendments. I move to not concur and to appoint a Conference Committee.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Are there any instructions for the appointment of a conference committee? If not, the clerk will read the conferees.

THE CLERK: House conferees for the Conference Committee on HB1286. Howard of Travis, Chair, Aycock, Darby, Patrick, Veasey.

REPRESENTATIVE JOE STRAUS: Excuse Representative Eric Johnson because of committee business, on the motion of Representative Burnam. Is there objection? Chair hears none, so ordered.

REPRESENTATIVE DWAYNE BOHAC: Chair lays out House Bill 413 with Senate amendments.

THE CLERK: HB413 by Aycock. Relating to the confidentiality of certain information held by a veterinarian.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Aycock.

REPRESENTATIVE JIMMIE DON AYCOCK: Mr. Spe aker and members, this changes -- the Senate changes amendments, including life health professionals and a list of people who can receive information regarding rabies. Move to concur with Senate amendments.

REPRESENTATIVE DWAYNE BOHAC: Members, you heard the motion to concur with Senate amendments. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 138 ayes, 0 nays, 2 present not voting, House Bill 413 with Senate amendments passes. The Chair calls up House Bill 275 and recognizes Representative Pitts with Senate amendments. Clerk will ring the bill.

THE CLERK: HB275 by Pitts. Relating to making an appropriation of money from the economic's stabilization fund for expenditure during the current state fiscal biennium.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker and members, I move to postpone until 8:00 p.m. tonight.

REPRESENTATIVE DWAYNE BOHAC: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out House Bill 943 with Senate amendments. Clerk will read the bill.

THE CLERK: HB943 by Hughes. Relating to reporting requirements concerning missing persons, including missing children in the managing conservatorship of the Department of Family and Protective Services.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative McClendon to explain the Senate amendments.

REPRESENTATIVE RUTH JONES McCLENDON: I move to postpone SB943 to 10:00 o'clock tomorrow morning.

REPRESENTATIVE DWAYNE BOHAC: Members, you've head the motion. Is there objection? The Chair hears none. So ordered. Chair calls up House Bill 2154 with Senate amendments. Clerk will read the bill.

THE CLERK: HB2154 by Eiland. Relating to certain continuing education requirements for agents who sell annuities.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Eiland to explain the amendment.

REPRESENTATIVE CRAIG EILAND: Mr. Speaker and members, Senator Ellis added an amendment, or actually took off of the bill, and we didn't have a conversation. So I move that we not concur with Senate amendments.

REPRESENTATIVE DWAYNE BOHAC: Chairman Eiland seeks to not concur with Senate amendments, and appoint a conference committee. Is there any objection? Chair hears none. So ordered. Are there any instructions for the conferees? If not, the Chair hears none and the following -- appoints the following conferees.

THE CLERK: House conferees for the conference committee on HB2154: Eiland, Chair, Hancock, Sheets, Smithee, Walle.

REPRESENTATIVE DWAYNE BOHAC: Chair calls up House Bill 345 with Senate amendments. Clerk will read the bill.

THE CLERK: HB345 by Kleinschmidt. Elating to limitations on awards in an adjudication brought against a local governmental entity for breach of contract.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Kleinschmidt to explain the amendment.

REPRESENTATIVE TIM KLEINSCHMIDT: I would like to concur with the Senate amendments or accept Senate amendments. The changes made are so indistinguishable you can't tell it from what we sent over.

REPRESENTATIVE DWAYNE BOHAC: Representati ve Kleinschmidt moves to concur with Senate amendments to House Bill 345. Is there objection? This is a record vote and the clerk will ring the bell. Show Representative Martinez Fischer voting aye. Have all voted? There being 140 ayes, 2 nays, 2 present note voting; House Bill 345 is passed. Chair calls up House Bill 1136 with Senate amendments. Clerk will read the bill.

THE CLERK: HB1136 by Aycock. Relating to an application to run for political office.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Aycock to explain the Senate amendments.

REPRESENTATIVE JIMMIE DON AYCOCK: Members , the Senate amendments substituted our bill. It's completely new language, it did actually nothing to change my intent of the bill and I move to concur.

REPRESENTATIVE DWAYNE BOHAC: Members, you heard the motion to concur with Senate amendments. This is a record vote. Clerk will ring the bell. Have all voted? There being 140 ayes, 0 nays, 2 present not voting; House Bill 1136 with Senate amendments passes. Is Representative John Davis from Harris on the floor of the House? The Chair calls up House Bill 734 with Senate amendments by Branch. Clerk will read the bill.

THE CLERK: HB34 by Branch. Relating to including in the public high school curriculum instructions in methods of paying for post secondary education and training.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Branch to explain the Senate amendments.

REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker and members. There's one amendment by Senator West, which includes dual credit students in literacy program. And I move to concur with Senate amendments.

REPRESENTATIVE DWAYNE BOHAC: Members, is there objection? Char hears none. This will require a record vote. Clerk will ring the bell. Have all voted? There being 140 ayes, 0 nays, 3 present not voting; House Bill 34 with Senate amendments passes. The Chair lays out the conference committee report on House Bill 1555 and recognizes the clerk to read the conference committee report.

THE CLERK: Conference committee report on House Bill 1555.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Thompson.

REPRESENTATIVE SENFRONIA THOMPSON: Mr. Sp eaker and members, I ask for the members -- for the conference committee to be discharged and to concur in Senate amendments. What this bill involved was the House passed a bill for a pilot program, the Senate put in an amendment, and I told the Senate that if they kept their amendment on I would refuse to concur. They took the amendment off, it came back the way we sent it over there and I'd like to concur.

REPRESENTATIVE DWAYNE BOHAC: Members, you have heard the motion. Is there objection? The Chair hears none. This is a record vote. The clerk will ring the bell. Have all voted? There being 140 ayes, 0 nays, 2 present not voting, House Bill 1555 is finally passed. The Chair recognizes Representative Kleinschmidt to honor the Senate's request for a conference committee on Senate Bill 321.

REPRESENTATIVE TIM KLEINSCHMIDT: So moved.

REPRESENTATIVE DWAYNE BOHAC: Members, you heard the motion. Appointment of a conference committee as requested by the Senate. Is there any objection? Chair hears none. So ordered. Is there any motion to instruct the conferees? Chair hears none. So ordered. And the clerk will read the conferees.

THE CLERK: House conferees for the conference committee on HB321: Kleinschmidt, Chair, Fletcher, Geren, Egan, Hardcastle.

REPRESENTATIVE DWAYNE BOHAC: Please excuse Representative Lance Gooden because of Appropriations Committee Meeting on a motion of Representative Laubenberg. Chair recognizes Representative Marquez for a motion.

REPRESENTATIVE MARISA MARQUEZ: I move to concur with the Senate's request for a conference committee on SB602.

REPRESENTATIVE DWAYNE BOHAC: Members, you have heard the motion by Representative Marquez to concur with a conference committee request on Senate Bill 602. Is there objection? Chair hears none. Are there any instructions? The Chair hears none. So moved. The clerk will read the conferees.

THE CLERK: House conferees for the conference committee on SB602: Marquez, Chair, Brown, Sarah Davis of Harris, Gallegos, Solomons.

REPRESENTATIVE DWAYNE BOHAC: The Chair calls up House Bill 275 with Senate amendments.

THE CLERK: HB275 by Pitts. Relating to making an appropriation of money for economic stabilization fund expenditures during the current state fiscal biennium.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Pitts to explain the amendment.

REPRESENTATIVE JIM PITTS: Mr. Speaker and members, I move that the House not concur in Senate amendments to HB275 and a conference committee be requested to adjust the differences between the two houses. The Senate added some money for the Rainy Day Fund in excess of what the House did.

REPRESENTATIVE DWAYNE BOHAC: Members, you have heard the motion. Is there objection? Chair hears none. Back up for a moment. Chair recognizes Representative Taylor.

REPRESENTATIVE VAN TAYLOR: Sorry, Chairman Pitts, could you just, just run past what we sent over there? How much money it was and how much money they asked?

REPRESENTATIVE JIM PITTS: I move that we do not concur, and that is if they brought over House Bill 275 with the Rainy Day Fund, withdraw of 3.9, we were at 3.1 and we are going to come back with an agreement with 3.1.

REPRESENTATIVE VAN TAYLOR: Mr. Chairman, I applaud your fiscal conservatism. Thank you.

REPRESENTATIVE JIM PITTS: Thank you.

REPRESENTATIVE DWAYNE BOHAC: Members, you heard the motion for the appointment of a conference committee. Is there objection? Hearing none. So ordered. Members, are there any instructions? The Chair hears none. The Chair recognizes Representative Walle for a motion to instruct the conferees.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker. I move to instruct the House conferees that the conference committee on HB275 be instructed to adhere to the House language on Section 1A, which stipulates the amount of the 3.9 million -- 3.9 million is appropriated from the economic stabilization fund to the Comptroller of Public accounts for the purpose of depositing that amount to the credit of the general revenue fund, as money available is used during the state fiscal year ending August 31, 2011, to make expenditures previously authorized by Appropriations from general revenue for the state fiscal biennium ending on August 31, 2011.

REPRESENTATIVE PETE GALLEGO: Mr. Speaker?

REPRESENTATIVE MIKE HAMILTON: For what purpose, Mr. Gallego?

REPRESENTATIVE PETE GALLEGO: Will the gentlemen yield for a question?

REPRESENTATIVE DWAYNE BOHAC: Mr. Walle, do you yield?

REPRESENTATIVE ARMANDO WALLE: Yes.

REPRESENTATIVE PETE GALLEGO: Mr. Walle, the gist of your motion is that the conferees be instructed to take essentially $3.9 billion from the rainy day fund for purposes of putting it into the bill for school -- education. Is that the gist of your motion?

REPRESENTATIVE ARMANDO WALLE: That's correct.

REPRESENTATIVE PETE GALLEGO: All right. So you would take 3.9 billion for this coming biennium?

REPRESENTATIVE ARMANDO WALLE: Correct.

REPRESENTATIVE PETE GALLEGO: I mean the current biennium.

REPRESENTATIVE ARMANDO WALLE: Correct.

REPRESENTATIVE DWAYNE BOHAC: The Chair recognizes Representative Pitts in opposition.

REPRESENTATIVE JIM PITTS: Mr. Speaker and members, I don't want to lose my newly formed

(inaudible) but you know we passed this 275 with 3.1 coming out of the Rainy Day Fund, and this instruction would tell the conferees that we have to take 3.9. And, members, we are very close to an agreement with the Senate using the 3.1, and we are very close to bringing you a conference committee report with a 3.1. And I would oppose this motion to instruct.

REPRESENTATIVE PETE GALLEGO: Mr. Speaker?

REPRESENTATIVE DWAYNE BOHAC: For what purpose?

REPRESENTATIVE PETE GALLEGO: Mr. Pitts, I had some what, I'm not quite sure in terms of what's being -- of what you're suggesting and the level of funding that you're suggesting. As I understand it, the level of funding without Mr. Walle's instruction, or without the additional use of the Rainy Day Fund, would fund the public schools of this state, for example, at the same rate as previously. But it wouldn't have any enrollment growth in it, and it wouldn't have any cost of living. So, in essence -- And it wouldn't take into account that the property tax values that have fallen; is that right?

REPRESENTATIVE JIM PITTS: Just a minute. Let me check something. You know, House Bill 275 is on the current budget. It's not on the budget that we've been working in conference on, it is on the existing biennium.

REPRESENTATIVE PETE GALLEGO: It covers the shortfall between now and August 31st.

REPRESENTATIVE JIM PITTS: So we can pay our bills. We have made necessary cuts to certain agencies in House Bill 4.

REPRESENTATIVE PETE GALLEGO: I agree.

REPRESENTATIVE JIM PITTS: And the amount of money that we need to close up this biennium out of the Rainy Day Fund is 3.1.

REPRESENTATIVE PETE GALLEGO: And I guess the reason I'm asking the questions that I'm asking is if you spend more from the Rainy Day fund now, that alleviates some of the cuts that people were asked to make now and put this in a better, stronger position going into the biennium, at lease I would make that argument.

REPRESENTATIVE DWAYNE BOHAC: Members, Representative Sheffield raises a point of order. The gentlemen's time has expired. The point of order is well taken and sustained. Members, the question occurs on the adoption of the Walle instruction to the conferees. The clerk will ring the bell. All those in favor vote aye, all those opposed vote nay. Show Representative Walle voting aye. Show Representative Pitts voting no. Have all voted? There being 44 ayes, 92 nays, 2 present not voting; the motion to instruct fails to adopt. Members, are there any further motions to instruct on HB 275? If not, the Chair appoints the following conferees.

THE THE CLERK: House conferees for the conference committee on House Bill 275: Pitts, Chair, Aycock, Darby, Giddings, Morrison.

THE CHAIR: Representative Jackson, if you're on the floor of the House, please come to the front. Members, if you have any announcements please bring them down front. Chair recognizes Representative Fletcher for an announcement. For a very important announcement, members. Please listen up.

REPRESENTATIVE ALLEN FLETCHER: Thank you Mr. Speaker and members. The last time, last session, my son came home from Iraq and was here on leave, and came down to the dais and every member of this House walked across the dais and shook his hand. And he's now back in the great State of Texas, stationed in Fort Hood. He married a young lady that he grew up with and went to church with, we're so proud to have her in our family, name is Casey. I would like for my son and his wife and my wife, hiding behind the wall, stand up. Stand up. Wait. And they vote for Jimmy Don Aycock.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Hochberg for an announcement.

REPRESENTATIVE SCOTT HOCHBERG: Thank you Mr. Speaker and members. A number of people have asked me what the House, what the bill that we passed for school finance out of committee, my bill would look like with more money in it. So we have sent you a set of printouts that simply add $2 billion to the amount that you previously saw. The memo refers to that as Senate budget numbers, but that's sort of a floating number. But if you want to know what my distribution scheme would do with an additional $2 billion in it, it's a guide for you to where things are going. We have sent that to your House mailbox. And I'll be more than happy to answer any questions you have about it. Thank you.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Jackson for a motion.

REPRESENTATIVE JIM JACKSON: Members, I request permission to suspend the five day posting rule to allow the Committee on Judiciary and Civil Jurisprudence to consider SB1417, SB1807, and pending business at 8:30 a.m. May 20th, 2011, in E2010. Members, E2010.

REPRESENTATIVE DWAYNE BOHAC: Members, you have heard the motion. Is there objection? The Chair hears none. Members, the following announcement. The clerk will read the announcement.

THE CLERK: The Committee on Judicial Jurisprudence and Civil Jurisprudence will meet at 8:30 a.m. on May the 20th, 2011, in room E2.010. This will be a public hearing to consider SB1417, SB1807, and pending business.

REPRESENTATIVE DWAYNE BOHAC: Members, we're going to have a couple more items eligible, I'm sorry to report. So just hang around for just a second. We're about to be done. The Chair recognizes Representative Taylor of Galveston. The Chair recognizes Representative Taylor for a motion.

REPRESENTATIVE LARRY TAYLOR: Thank you Mr. Speaker. Senate Bill 647, the Senate has made some amendments we choose not to concur with, so I move to not concur and appoint a conference committee.

REPRESENTATIVE DWAYNE BOHAC: Members, you have heard the motion. Are there any objections? The Chair hears none. So ordered. Members, are there any instructions for the conferees? Chair hears none. So ordered. The following conferees. The clerk will read the conferees.

THE CLERK: The House conferees for the conference committee on SB647: Taylor of Galveston, Chair, Anderson of Dallas, Hancock, Smithee, Vo.

REPRESENTATIVE DWAYNE BOHAC: Chair calls up HB723 with Senate amendments. Clerk will read the bill.

THE CLERK: HB3726 by Guillen. Relating to the preservation and maintenance of the Alamo by the General Land Office.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you Mr. Speaker and members. HB3726 relates to the preservation and maintenance of the Alamo. This bill has changed many times since we began this process. The amendments made to the Senate were agreed to changes. However, we have continued to work with the LGO on the language in the bill, and we need to go to conference committee to make a couple more changes to make sure we have the bill in the best possible form.

REPRESENTATIVE DWAYNE BOHAC: Representati ve Guillen moves not to concur with Senate amendments and requests a conference committee. Is there objection? Chair hears none. So ordered. Are there any instruction to conferees? Char hears none. Chair announces the following appointment of the conferees.

THE CLERK: Conferees for the conference committee on HB3726: Guillen, Chair, Larson, Price, Deshotel, Kuempel.

REPRESENTATIVE DWAYNE BOHAC: Chair recognizes Representative Gallego for a motion.

REPRESENTATIVE PETE GALLEGO: I move to call up Senate Bill 316 with Senate amendments. Actually, I'd like to grant the request of the Senate for a conference committee on Senate Bill 316.

REPRESENTATIVE DWAYNE BOHAC: Members, you heard the request. Is there any objection? The Chair hears none. So ordered. Are there any motions to instruct the conferees on SB316. Chair hears none. The clerk will read the conferees.

THE CLERK: House conferees on the conference committee on SB316: Gallego, Chair, Rodriguez, Christian, Woolley, Hartnett.

REPRESENTATIVE DWAYNE BOHAC: Members, are there any further announcements? Members, Representative Otto moves that the House stand in recess pending the reading and referral of bills and resolutions, until 9:30 a.m. tomorrow. Is there any objection? Chair hears none. Following bills on first reading and referral.

THE CLERK: HR 2000 (By Bohac), Congratulating Glad Tidings Assembly of God Church in Houston on its 75th anniversary. To Rules and Resolutions. HR 2001 (By Bohac), In memory of Madeline Cleveland Harris of Houston. To Rules and Resolutions. HR 2002 (By Bohac), In memory of Olga R. Gomez of Houston. To Rules and Resolutions. HR 2003 (By Bohac), Congratulating Austin Leighton of Houston on achieving the rank of Eagle Scout. To Rules and Resolutions. HR 2004 (By Bohac), In memory of Frank Woodruff Buckles, the last American veteran of World War I. To Rules and Resolutions. HR 2005 (By Bohac), In memory of Jean R. Ols of Houston. To Rules and Resolutions. HR 2006 (By Bohac), Recognizing the Clayton Library Center for Genealogical Research in Houston as a valuable community and state asset. To Rules and Resolutions. HR 2007 (By Bohac), In memory of Camilo R. Gomez of Houston. To Rules and Resolutions. HR 2008 (By Bohac), In memory of Clara F. Santikos of Houston. To Rules and Resolutions. HR 2009 (By Bohac), In memory of native Texan Edd Kellum Hendee. To Rules and Resolutions. HR 2010 (By Bohac), In memory of Louvelle Chafin of Houston. To Rules and Resolutions. HR 2011 (By Bohac), In memory of Evelyn Petersen Cernik of Houston. To Rules and Resolutions. HR 2012 (By Bohac), In memory of Charles Henry Kadlecek of Houston. To Rules and Resolutions. HR 2013 (By Bohac), In memory of Diana Lynn Psencik of Houston. To Rules and Resolutions. HR 2014 (By Bohac), In memory of Charles Edward Grubbs of Willis. To Rules and Resolutions. HR 2015 (By Bohac), Congratulating Janice Gabriel on being named the 2010 Northwest Houston Leader of the Year. To Rules and Resolutions. HR 2016 (By Bohac), In memory of Gladys Johnson Glenn. To Rules and Resolutions. HR 2017 (By Bohac), In memory of Clymer Lewis Wright, Jr., of Houston. To Rules and Resolutions. HR 2018 (By Hernandez Luna), Commemorating the rededication of a Texas Centennial Marker at the Lorenzo de Zavala homesite in Harris County. To Rules and Resolutions. HR 2019 (By V. Gonzales), Congratulating Cynthia Leon of Mission on her swearing in as a Texas Department of Public Safety commissioner. To Rules and Resolutions. HR 2021 (By Schwertner), Commemorating the Hill Country Shoot-Out Barbeque. To Rules and Resolutions. HR 2022 (By Dutton), Congratulating Sharon Nowling Perry on the occasion of her retirement as a teacher at Port Houston Elementary School. To Rules and Resolutions. HR 2023 (By Dutton), Congratulating Michael W. Ashley of Houston on his induction into the Prairie View Interscholastic League Coaches Association Hall of Fame. To Rules and Resolutions. HR 2024 (By Dutton), In memory of Marjorie Banks Ammons of Houston. To Rules and Resolutions. HR 2025 (By Dutton), Honoring Georgia Provost of Houston for her achievements and contributions to the community. To Rules and Resolutions. HR 2026 (By Solomons), In memory of U.S. Army Staff Sergeant Carlos Alonzo Benitez of Carrollton. To Rules and Resolutions. HR 2027 (By Anchia), Congratulating Carina Nicole Ramirez on her graduation from The University of Texas at Austin. To Rules and Resolutions. HR 2028 (By Anchia), In memory of Anthony A. Hernandez of Dallas. To Rules and Resolutions. HR 2029 (By Anchia), In memory of Joel M. Lebovitz of Dallas. To Rules and Resolutions. HR 2030 (By Alonzo), Commemorating the 36th annual convention of the Hispanic National Bar Association and honoring the event's host, the Dallas Hispanic Bar Association. To Rules and Resolutions. HR 2032 (By Kuempel), In memory of renowned industrialist and philanthropist Marvin Selig. To Rules and Resolutions. HR 2033 (By Hilderbran), Congratulating George and Mary Virginia Holekamp of Kerrville on their 60th wedding anniversary. To Rules and Resolutions. HR 2034 (By Button), Honoring Barbara Powers on earning the Silver Beaver Award from the Circle Ten Council of the Boy Scouts of America. To Rules and Resolutions. HR 2035 (By Button), Honoring Thomas Cooper on earning the Silver Beaver Award from the Circle Ten Council of the Boy Scouts of America. To Rules and Resolutions. HR 2036 (By Paxton), Congratulating Wester Middle School in Frisco on being named a School to Watch by the Texas Middle School Association. To Rules and Resolutions. HR 2037 (By Landtroop), Congratulating David Villarreal-Landtroop of Plainview Christian High School on winning a bronze medal at the 2011 TAPPS State Track and Field Championships. To Rules and Resolutions. HR 2038 (By Workman), Recognizing the 2011 Austin Kidney Walk. To Rules and Resolutions. HR 2039 (By Isaac), Honoring Miss Mae's Bar-B-Que in Wimberley on its participation in "Bar-B-Quesday" during the 82nd Legislative Session. To Rules and Resolutions. HR 2040 (By Isaac), Commemorating the inaugural Memorial Hermann Ironman Texas competition, taking place in The Woodlands on May 21, 2011. To Rules and Resolutions. HR 2041 (By Isaac), Honoring Railroad Bar-B-Que on its participation in "Bar-B-Quesday" during the 82nd Legislative Session. To Rules and Resolutions. HR 2042 (By Madden), In memory of Diane Price of Richardson. To Rules and Resolutions. HR 2043 (By Bohac), Congratulating Lindsay Ann Smith and Bradley Allen Pepper on their engagement. To Rules and Resolutions. HR 2044 (By Hunter), In memory of former Aransas County sheriff Bob Hewes of Fulton. To Rules and Resolutions. HR 2046 (By Naishtat), Honoring Robert Nunez for his service as a legislative intern. To Rules and Resolutions. HR 2047 (By Naishtat), Honoring Clay Scallan for her service as a legislative intern. To Rules and Resolutions. HR 2048 (By Naishtat), Commending Eric Leventhal for his service as an intern in the office of State Representative Elliott Naishtat. To Rules and Resolutions. HR 2049 (By Naishtat), Honoring Jessica Hoy for her outstanding service as a legislative aide. To Rules and Resolutions. HR 2050 (By Naishtat), Honoring Melanie Wilmoth for her outstanding service as a legislative aide. To Rules and Resolutions. HR 2052 (By Orr), Commemorating the 150th anniversary of the founding of the Meridian Blue Lodge Freemasons. To Rules and Resolutions. HR 2053 (By Carter), Recognizing the members of the Richardson Independent School District board of trustees for their service. To Rules and Resolutions. HR 2054 (By Carter), Congratulating Kimberly Locus on the occasion of her retirement as executive director of the Dallas County Republican Party. To Rules and Resolutions. HR 2055 (By Y. Davis), Congratulating Ruth Wyrick on earning an honorary doctor of humane letters degree from Southwestern Christian College. To Rules and Resolutions. HR 2056 (By Reynolds), Honoring Missouri City mayor pro tem Brett Kolaja for his public service. To Rules and Resolutions. HR 2057 (By Reynolds), Commemorating the 2011 Sugar Land Memorial Day ceremony. To Rules and Resolutions. HR 2058 (By Reynolds), Commemorating the 2011 Fort Bend Salutes America Memorial Day event. To Rules and Resolutions. HR 2059 (By Naishtat), Honoring CommUnityCare, The University of Texas at Austin School of Nursing, and Central Health for creating a family nurse practitioner residency program. To Rules and Resolutions. HR 2060 (By Anchia), Honoring The University of Texas Southwestern Medical Center at Dallas for its contributions in research, education, and health care. To Rules and Resolutions. HR 2061 (By Martinez Fischer), Honoring Tyler Ingraham of San Antonio for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2062 (By Martinez Fischer), Honoring Irma Aguirre of Mission for her participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2063 (By Madden), Honoring the Dallas County Community Supervision and Corrections Department on the occasion of Probation, Parole, and Community Supervision Week. To Rules and Resolutions. HR 2064 (By Madden), Congratulating Detective Steve Boyd on being named the 2010 Officer of the Year by the Plano Police Department. To Rules and Resolutions. HR 2065 (By Madden), Honoring Chief Gregory W. Rushin for his 25 years of service to the Plano Police Department. To Rules and Resolutions. HR 2066 (By Quintanilla), In memory of Matilde Apodaca of Socorro. To Rules and Resolutions. HR 2068 (By Harper-Brown), Commemorating the dedication of a historical marker at the Heritage Park depot and honoring the Irving Heritage Society on their work. To Rules and Resolutions. HR 2069 (By Thompson), Commending Mark Harris for his service on the board of the Texas Nursery & Landscape Association. To Rules and Resolutions. HR 2070 (By Muñoz), Congratulating Victoria Johnson on her selection as the 2011 Mission Consolidated Independent School District Secondary Teacher of the Year. To Rules and Resolutions. HR 2071 (By Muñoz), Honoring Christopher Madrid for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2072 (By Muñoz), Honoring Mario and Carlos Bracamontes for creating the Toros rugby program in Pharr. To Rules and Resolutions. HR 2073 (By Muñoz), Congratulating Melissa Garza on her selection as the 2011 Mission Consolidated Independent School District Elementary Teacher of the Year. To Rules and Resolutions. HR 2074 (By Parker), Honoring Texas Health Presbyterian Hospital in Flower Mound on the occasion of its first anniversary. To Rules and Resolutions. HR 2075 (By Parker), Congratulating the Flower Mound Police Department on receiving advanced law enforcement accreditation from the Commission on Accreditation for Law Enforcement Agencies. To Rules and Resolutions. HR 2076 (By Hilderbran), In memory of Barbara Esgen Stieren of San Antonio. To Rules and Resolutions. HR 2077 (By Orr), In memory of U.S. Army Staff Sergeant Bryan Burgess of Cleburne. To Rules and Resolutions. HR 2078 (By Madden), Congratulating Officer Scott Kermes on being named the 2009 Officer of the Year by the Plano Police Department. To Rules and Resolutions. HR 2079 (By Madden), Honoring Jay Dalehite for his achievments as president of the Canyon Creek Homeowners Association in Richardson. To Rules and Resolutions. HR 2080 (By Ritter), Recognizing Transforming Texas Waterfronts. To Rules and Resolutions. HR 2081 (By S. King), Honoring Andy Cleveland on her retirement from the Abilene Independent School District. To Rules and Resolutions. HR 2082 (By D. Miller), Congratulating Wyman Meinzer on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. To Rules and Resolutions. HR 2083 (By D. Miller), Congratulating Louis M. Pearce, Jr., on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. To Rules and Resolutions. HR 2084 (By D. Miller), Congratulating Scooter Fries on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. To Rules and Resolutions. HR 2085 (By D. Miller), Congratulating Kinky Friedman on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. To Rules and Resolutions. HR 2086 (By D. Miller), Commemorating the posthumous induction of Toots Mansfield into the Frontier Times Museum Texas Heroes Hall of Honor. To Rules and Resolutions. HR 2087 (By D. Miller), Congratulating the 2011 inductees of the Frontier Times Museum Texas Heroes Hall of Honor in Bandera. To Rules and Resolutions. HR 2088 (By Branch), Congratulating Randall Stephenson, Chair and CEO of AT&T, on receiving the 2011 H. Neil Mallon Award. To Rules and Resolutions. HR 2089 (By Guillen), Congratulating Lizbeth Martinez on her selection as the 2010-2011 U.S. Border Patrol Youth of the Year. To Rules and Resolutions. HR 2090 (By Lozano), Honoring Jose Antonio Ramirez for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2091 (By Madden), In memory of Rhonda H. Picon of Plano. To Rules and Resolutions. SB 774 by Zaffirrini. Relating to exemptions for disabled peace officers from the payment of tuition and fees at public institutions of higher education. To Higher Education. SB 824 by Lucio. Relating to the coordination of rural and small community initiatives. To Economic and Small Business Development. SB 1920 by Gallegos. Relating to the powers of the Coastal Water Authority; affecting the authority to issue bonds. To Natural Resources. SB 1928 by Ellis. Relating to an African American Texans memorial monument on the Capitol grounds. To House Administration. SCR 51 by Ellis. Expressing the legislature's support for the construction of a monument to African American Texans on the grounds of the State Capitol at the location approved by the State Preservation Board for a Juneteenth monument. To House Administration. SCR 56 by Fraser. Honoring John Cowan on the occasion of his retirement from the Texas Association of Dairymen. To Rules and Resolutions. Pursuant to Section 1 of the code, the Chair corrects the following bills and resolutions: SB34 by Zaffirini. Relating to the establishment and operation of the Texas Women Veterans Program. To Veterans Affairs.

REPRESENTATIVE VAN TAYLOR: House stands in recess until 9:30 tomorrow morning.

(The House stands adjourned.)