SPEAKER OF THE HOUSE: House come to order. Members, please register. Have all Members registered? Have all registered? A quorum is present. The House is present. Will the gallery please rise for the invocation. Today we're fortunate to have two Pastors of the Day. The Chair recognizes Representative Naishat and Fletcher.

REPRESENTATIVE FLETCHER: Mr. Speaker. Members. It's my honor to have with us today Pastor Bill Rasco, the pastor for the Spring Church of Christ back in Tomball, my hometown. His wife Robin standing over here to our right. Bill and Robin have been married for 14 years and they've got a son named Walker that they're very proud of and I'm honored to have him here today.

PASTOR RASCO: We drove in late last night and you all were still working. We went to bed and you all were still working. I got a text message from Alan after 1:00 o'clock and you all were still working. We appreciate you. I don't know how many guys get to stand here and say that but we do. You have long days and we appreciate what you do. Thank you for your sacrifice. Let's pray. Father in heaven, we are grateful for the day. We are grateful for a breadth of life. For an opportunity to serve. For the sunshine or the rain, whatever comes today. We are grateful to be here. We are grateful that you are present in our lives. Grateful that you are present in this place. Father, thank you for the men and women in this room that serve. For the ones that sacrifice time at home. For the ones that come to give long days and long hours in service to the people. I ask that you bless the Representatives that are in this room. I ask that you bless their time today, the purpose that they'll fulfill today. Father, I'd ask that you be with their families today as they stay at home and keep things together. Father, I ask that you be with the staff as they prepare as they work behind the scenes to make what happens today successful. We are grateful for the folks that have given themselves here. Father, we ask that whatever happens today, it could be a glory to you. We just ask that we will remember who we are and what we are about. That we represent a great state and that we do have a mission to accomplish here. Father, we'd ask that you continue to bless the people of our state. Thank you for the way that you love us and the way that you care for us. In Jesus' name we pray. Amen.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Naishat.

REPRESENTATIVE NAISHAT: Members, we didn't have a pastor yesterday so we have two for today. I want to introduce Rabbi Terry Baker. Many of you have met the Rabbi. He's been with us many times. He was the Rabbi for congregation Cole Webb, and now he has an on-line congregation and a program called Everybody Needs a Rabbi. Let's welcome Rabbi Terry Baker. Thank you.

RABBI BAKER: Pastor Rasco just prayed for everybody's welfare. I'm not going to do that. Too much of good things. I want to speak about what you expect to do today. In the book of Proverbs we read that acting generously towards the poor is a loan to God. Acting generously to the poor is a loan to God. As you are deliberating by what to do with the budget problems that face our state and how to prioritize spending, I ask that you consider what the impact will be on those who have the least in accordance with the scripture. There was a certain Rabbi that many of us know of very well who taught that what you do unto the least, you do to me. And we pray that we're guided by scripture that we're guided by our faith, and that we're guided by our sense of humanity, which is indeed what scripture teaches us at the very foundation. And let's all say Amen.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Berman to lead us in the pledge.

REPRESENTATIVE BERMAN: Thank you, Mr. Speaker. Members. Guests. Would you please rise while we pledge allegiance to the flag and to the flag of Texas.

(Pledges of allegiance)

SPEAKER OF THE HOUSE: Representative Fletcher moves the House to suspend the reading of the motions. The Chair hears none. So ordered. The Chair recognizes Representative Brown.

REPRESENTATIVE BROWN: Thank you, Mr. Speaker, Members. I ask that we suspend all necessary rules and take up and consider House Resolution 2163.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? So ordered. The following Resolution. The clerk will read the Resolution.

CLERK: HR 2163 by Brown commemorating the 40th Anniversary of the Texas C Grant College Program.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Brown.

REPRESENTATIVE BROWN: Thank you, Members, I move passage.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. Please excuse Representative Wooley from the District because of a motion of Representative Klein-Schmidt. House Bill 417 with Senate Amendments. The clerk will read the Amendment.

CLERK: HB 417 by Anchia relating to the position of notice regarding limitation of (inaudible)

SPEAKER OF THE HOUSE: The Chair recognizes Representative Anchia.

REPRESENTATIVE ANCHIA: Thank you, Mr. Speaker and Members. House Bill 417 initially dealt with attorneys' fees that were charged to exonorees. The Senate put on a couple of Amendments. I'm going to go through them with you very briefly. The most important Amendment that this body has not seen previously deals with the Anthony Graves' situation. It's a byproduct of discussions between the Governor, the Attorney General and the Comptroller. So the Senate incorporated some language to deal with the Graves' situation. Changes in other parts of the bill were also made to conform with that revision so there's some conforming changes throughout the bill. The Senate also classified that an attorney may charge a fee but may not collect a fee. Initially we had an attorney may not charge or collect.

SPEAKER OF THE HOUSE: Mr. Hancock, for what purpose?

REPRESENTATIVE ANCHIA: Thank you. And so we took the language relating to charging out because, clearly as they're billing, they can charge but they may not collect it until such time as the final determination is made by the Comptroller. The Senate also addressed concerns that the inquire fee report and the engrossment of the bill conflicts with the attorney-client privilege on Page 6, line 31. We eliminated the inclusion of a sworn copy. Instead, it will be a public recording that will be available on-line. And finally, in lieu of requiring the Comptroller to make a determination of whether an attorney has violated this act in referring a case to the State Bar of Texas, the Senate simply makes the fee report, again, available as public information. And I yield for questions.

SPEAKER OF THE HOUSE: Mr. Hancock, for what purpose?

REPRESENTATIVE HANCOCK: Will the gentleman yield?

SPEAKER OF THE HOUSE: Will the gentleman yield?

REPRESENTATIVE ANCHIA: I do.

REPRESENTATIVE HANCOCK: Representative Anchia, initially in looking at this it looked like there might be some concern was this legislation, especially as it came across from the Senate. Are you aware of that?

REPRESENTATIVE ANCHIA: Yes, sir.

REPRESENTATIVE HANCOCK: And so what we've done in the last 24 hours is checked around with the various offices, and what we've discovered in the legislation and with regards to the Senate is this was very carefully and very narrowly crafted to deal with a very specific instance that the words "conversations" that took place in all offices and there is agreement upon this legislation. Is that your understanding?

REPRESENTATIVE ANCHIA: That's my understanding, Representative Hancock, and I think the language you're referring to is the language that dealt with the Graves' situation. I mean the Governor had talked about wanting to help Anthony Graves. What happened in the Graves' situation -- there wasn't a finding of actual innocence by the judge. Regrettably that didn't happen in the original order. Ultimately a special prosecutor was appointed. A special prosecutor said hey, this guy is innocent. But because our statute said you had to have a finding of actual innocence from the judge he was stuck in limbo. So this has been narrowly crafted by the Attorney General, the Comptroller's Office and the Governor's office to deal with that specific situation.

REPRESENTATIVE HANCOCK: And also, there was a provision in there regarding health insurance, and just for clarification, I did come through the Insurance Committee, and for clarification, and also be place in the journal. My understanding and our understanding of the insurance is that the insurance available would be available but yet they would not be responsible for the payment of that insurance. It simply allows access to insurance.

REPRESENTATIVE ANCHIA: That's correct. So in the case of exonorees, they would be able to buy in. That's right why there was no fiscal note to the state, and it would cover all parts of the premium. And if you'd like to do some legislative intent on this, I'm happy to put that in the record.

REPRESENTATIVE HANCOCK: If you don't mind, Mr. Speaker.

SPEAKER OF THE HOUSE: Mr. Hancock. For what purpose?

REPRESENTATIVE HANCOCK: Could I have the exchange between Representative Anchia and myself reduced to writing and placed in the journal?

SPEAKER OF THE HOUSE: Members, you've heard the motion. Are there any objection. The Chair hears none. So ordered.

REPRESENTATIVE HANCOCK: Thank you. Representative Anchia, I don't think I have any further questions. I appreciate you addressing those concerns and giving us time to kind of check things out and make sure the State as a whole, we have a responsibility to those that are incarcerated inappropriately, and when we do errors, that we need to make that right. And I think all offices within this House have recognized that and are ready to move forward on this.

REPRESENTATIVE ANCHIA: Thank you, Representative.

SPEAKER OF THE HOUSE: Mr. Phillips, for what purpose?

REPRESENTATIVE PHILLIPS: Would the gentleman yield for some questions?

SPEAKER OF THE HOUSE: Would the gentleman yield?

REPRESENTATIVE ANCHIA: I yield.

REPRESENTATIVE PHILLIPS: Rafael, I want to make sure and you went through and kind of talked about it, I'm trying to grasp those. They e-mailed in the right to participate in state insurance; is that correct?

REPRESENTATIVE ANCHIA: Yeah. And just --

REPRESENTATIVE PHILLIPS: At the cost of the person?

REPRESENTATIVE ANCHIA: At the cost to the exonoree, correct. So the person is simply provided access to the State Health Plan, basically, as if they were employees of TDCJ.

REPRESENTATIVE PHILLIPS: And what other benefit does this bill expand?

REPRESENTATIVE ANCHIA: It's just a healthcare. That's the only benefit that's added to the prior language of the Timothy Cole Act that this House passed last Session. So that's the only additional benefit. Now, we did two other things. In the original bill, which was dealing with potential abuse of exonorees in attorneys' fees.

REPRESENTATIVE PHILLIPS: And that's heinous, you know, like a double abuse?

REPRESENTATIVE ANCHIA: Yes. And that's the subject of some disciplinary action for the State Bar right now and some lawsuits. So I'm not going to name names or anything like that. Let's say we wanted to deal with that situation. The second thing that we did was include or the Senate did was include a bill that's actually on Local & Consent here in the house that allows them to buy into the TDCJ Health Insurance. And finally in consultation with the Governor's office, the Comptroller's Office and the AG, there was agreed language that was pleased into this bill to deal specifically with the situation of Anthony Graves.

REPRESENTATIVE PHILLIPS: And that's just to deal with his specific problem?

REPRESENTATIVE ANCHIA: Right. And there was difficulty there because we would have loved to have just said, hey, we want to deal with Anthony Graves but we want do that. So there was some narrowly crafted language that was included in here to deal with this situation.

REPRESENTATIVE PHILLIPS: And I that narrowly drafting up, that that's just going to apply to this situation?

REPRESENTATIVE ANCHIA: Yeah. And not only do I think that, this is the Governor's office and the AG's language.

REPRESENTATIVE PHILLIPS: Thank you.

REPRESENTATIVE ANCHIA: Okay.

SPEAKER OF THE HOUSE: Ms. Davis, for what purpose?

REPRESENTATIVE DAVIS: Will the gentleman yield for questioning?

SPEAKER OF THE HOUSE: Does the gentleman yield?

REPRESENTATIVE ANCHIA: Yes.

SPEAKER OF THE HOUSE: He yields.

REPRESENTATIVE DAVIS: Representative Anchia, when you brought in this bill you and I had a conversation and this bill was, like you said, very narrowly drafted to deal with what I considered to be abuses against exonorees by excessive attorneys' fees.

REPRESENTATIVE ANCHIA: Yes.

REPRESENTATIVE DAVIS: And when you and I had our discussion and you took an Amendment and you made it very clear that we were not going to tap attorneys' fees, but that those attorneys' fees had to be reasonable and necessary as determined by the court.

REPRESENTATIVE ANCHIA: Yes.

REPRESENTATIVE DAVIS: Do any of the Amendments change any of that original language in your bill?

REPRESENTATIVE ANCHIA: No. Not materially. There were some changes but we did not reintroduce a cap. We kept the original language that we had discussed, made a change with the word charge as opposed to collect. That was a change that some lawyers were concerned about. Do they want to be able to charge the fee and understood that they would not be able to collect the fee if there was a problem with the fee. But other than that, there was nothing related to fee caps.

REPRESENTATIVE DAVIS: All right. Thank you.

REPRESENTATIVE ANCHIA: Thank you. It's my understanding Representative King has asked me to let the body know the TCC has removed its objection. Thank you, Members. Move passage.

SPEAKER OF THE HOUSE: Representative Anchia moves to concur with Senate Amendments to House Bill 417. This is a record vote. The clerk will ring the bell. Show Mr. Lucio voting aye. Have all voted? Have all voted? There being 143 ayes, 0 nays. House Bill 417 finally passes. The Chair calls up House Bill 3510 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 3510 by Hamilton relating to the regulation of killing, food moving and storage of vehicles.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hamilton.

REPRESENTATIVE HAMILTON: Thank you, Mr. Speaker. Basically the senators restored requirements for alcohol testing of toe operators. In Amendments to the incident management towing to clarify that it includes the removal of commercial cargo and commercial debris from the scene of the accident and also amends current law to state that a private property tow fee cannot be higher than a statewide property tow and provides for refund. I move passage.

SPEAKER OF THE HOUSE: Mr. Hamilton makes a motion to concur with Senate Amendments to the House Bill 3510. Members, this is a record vote. The clerk will ring the bell. Show Mr. Lucio voting aye. Please show Mr. Huberty voting aye. Please show Mr. Aliseda voting aye. Have all voted? There being 143 ayes, 0 nays, House Bill 3510 finally passes. Is Mr. Flynn on the floor? Representative Flynn? The Chair calls up House Bill 1814 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 1314 by Lucio relating to the permission of water and certain equipment by water suppliers who use fire suppression for liability for this corporation.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Lucio.

REPRESENTATIVE LUCIO: Thank you, Mr. Speaker, Members. There was just one Amendment added in the Senate that deals with the supervision and regulation of water pressure standards for the fire hydrants within municipal boundaries have it's a simple Amendment that a few cities asked for. I move to concur with Senate Amendment.

SPEAKER OF THE HOUSE: Mr. Phillips, for what purpose?

REPRESENTATIVE PHILLIPS: Just a few questions.

SPEAKER OF THE HOUSE: Does the gentleman yield?

REPRESENTATIVE LUCIO: Sure.

SPEAKER OF THE HOUSE: He yields.

REPRESENTATIVE PHILLIPS: Can you explain that again. We did things in the past with regarding fire hydrants that a lot of us ended up having black fire hydrants and it really effected insurance rates and created some real problems for us across the state.

REPRESENTATIVE LUCIO: Do you know anything about what my bill did?

REPRESENTATIVE PHILLIPS: I want to say --

REPRESENTATIVE LUCIO: Okay. Do you know what my initial bill did?

REPRESENTATIVE PHILLIPS: I can't remember.

REPRESENTATIVE LUCIO: Okay. So what my initial bill did was give some fire hydrants that were outside city limits who were provided by water supply corporation to others the same immunities that we give cities. And they still have to provide the same standards, but we gave them the same immunities from lawsuit. All this did was allow for those fire hydrants for the cities, for the city to be able to regulate the fire pressure. Because sometimes water supplied to corporations overlap with city limit boundaries. But even though they're there fire hydrants. What we say is the city can regulate pressure so on and so forth so they're comfortable. We already do with this San Antonio, Dallas, House. Large per cities have we drew down the population amounts. And it's for a few cities in North Texas, so they too, as cities, can make sure if --

REPRESENTATIVE PHILLIPS: Do you know what the water supply amount is?

REPRESENTATIVE LUCIO: I don't have this. I think this is actually specific to Burleson for this specific opportunity.

REPRESENTATIVE PHILLIPS: So you don't think it would apply to any city smaller than 50,000?

REPRESENTATIVE LUCIO: Oh, no.

REPRESENTATIVE PHILLIPS: Okay. I just wanted to make sure.

REPRESENTATIVE LUCIO: Thank you.

SPEAKER OF THE HOUSE: Representative Lucio moves to concur with Senate Amendments to House Bill 1814. Members, this is a record vote. The clerk will ring the bell. Have all voted? There being 143 ayes. 0 nays. House Bill 1814 finally passes. The Chair calls up with Senate Amendments House Bill 1899. The clerk will read the Amendment.

CLERK: HB 99 by Pickett relating to the school crossings zones regarding the prohibitive use of wireless devices while operating a motor vehicle.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Pickett.

REPRESENTATIVE PICKETT: Mr. Speaker, Members, this was a local bill, as most of you know, it's illegal to text in a school zone. There's also some cities like El Paso that have a citywide ban. This local bill said if you had a citywide ban, you didn't have to put the signs up in a school zone. The Senate in their infinite wisdom decided that you might be driving through El Paso, on the way to San Diego, get off Interstate 10 and drive through a school zone. They so put an Amendment on there that says we have to post signs coming into El Paso that it's illegal to text in school zones. So my city is okay with it even though it's a partial unfunded Mandate. So I move to concur with the Senate Amendment.

SPEAKER OF THE HOUSE: Representative Pickett makes a motion to concur with Senate Amendment to House Bill 1899. Members this is a record vote. The clerk will ring the bell. Show Representative Lucio voting aye. Have all Members voted? There being 142 ayes, 0 nays, House Bill 1899 finally passes. The Chair calls up House Bill 2457 with Senate Amendment. The clerk will read the Amendments.

CLERK: HB 2457 by John Davis of Harris relating to the Amendment of Texas Enterprise Fund Grant Agreements.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis.

REPRESENTATIVE DAVIS: Thank you, Mr. Speaker and Members. There are we're going to add some Amendments that are not acceptable to we are going to not concur. I'd like a point of Conference Committee.

SPEAKER OF THE HOUSE: Members, you've heard Representative Davis' motion not to concur and to request the appointment of a Conference Committee. Are there objections? The Chair hears none. So ordered. The motion's been struck to conferees. The Chair hears none. The Chair appoints the following conferees. The clerk will read the conferees.

CLERK: House Conferees for the Conference Committee on HB 2457, John Davis of Harris, Strama, Pena, Reynolds, Murphy.

SPEAKER OF THE HOUSE: The Chair calls up HB 3302 with Senate Amendments. The clerk will read the Amendment.

CLERK: HB 3302 by Reynolds relating to the certain type of economic development, certain categories of projects.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Reynolds.

REPRESENTATIVE REYNOLDS: Thank you, Mr. Speaker, Members. It's similar to Chairman Davis. This is an Economic Development Bill that was sent over to the Senate. It came back with some Amendments. We do not concur with those Amendments, and I move that we reject and move for a Conference Committee on HB 3302.

SPEAKER OF THE HOUSE: Representative Reynolds moves to not concur with Senate Amendments and request the appointment of the Conference Committee. Are there any objections? The Chair hears none. So ordered. Are there any motions to instruct? If not, the Chair appoints the following conferees. The clerk will read the conferees.

CLERK: House Conferees for the Conference Committee on House Bill 3302: Reynolds, Chair. Murphy, Vo. Miles. Anderson of Dallas.

SPEAKER OF THE HOUSE: The Chair calls up House Bill 2488 with Senate Amendments. The clerk will read the Amendment.

CLERK: HB 2488 by Scott relating to the child's medical records regarding the child's ad limb

(inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Mrs. Scott.

REPRESENTATIVE SCOTT: Members, these were ones that we had discussed over here and thought of ourselves. We liked them. They basically just say that the copies of these records by the attorney is there be destroyed when the case ends, and I move to concur.

SPEAKER OF THE HOUSE: Members, Representative Scott makes a motion to concur with Senate Amendments. This is a record vote. The clerk will ring the bell. Have all voted? There being 141 ayes, 0 nays, House Bill 2488 finally passes. The Chair calls up House Bill 3372 with Senate Amendments. The clerk will read the Amendment.

CLERK: HB 3372 by King of Zavala relating to standards of a structure that is connected to a public water system that has water harvesting system.

SPEAKER OF THE HOUSE: The Chair recognizes King of Zavala.

REPRESENTATIVE KING: Thank you, Mr. Speaker, Members. House Bill 3372 allows a rain water harvesting system to be connected into a public water supply system as long as the proper safeguards are taken. The Senate placed some Amendments on it in their wisdom to make it a better bill in my opinion. And it adds some more restrictions and requirements on what requirements have to be met before that rain water harvesting system can be connected to a public water supply system. And it goes into more detail about the safe guards, and I would move to concur with the Senate Amendments.

SPEAKER OF THE HOUSE: Members, Representative King moves to concur with Senate Amendments to HB 3372. This is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 139 ayes, 0 nays, House Bill 3372 finally passes. The clerk calls up HB 3531 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 3531 by Strama relating to the certain provisions prescription medications to a foster child.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Strama.

REPRESENTATIVE STRAMA: Thank you, Mr. Speaker, Members. This is a bill dealing with the monitoring of children in the foster care system using psychotropic medications. The Senate just added an Amendment that changed the wording from vendor drug program data to prescription drug data. The purpose of which was to be more neutral as to what specific type of program was paying for the drug so that if in the future, it became a managed care program rather than a specific drug program, it would still be covered by the requirements of this statute. It doesn't change the intent of the bill so I move to concur with the Senate Amendment.

SPEAKER OF THE HOUSE: Members, Representative Strama makes a motion to concur with Senate Amendments to HB 3531. This is a record vote. The clerk will ring the bell. Have all voted? Please show Representative Kolkhorst voting aye. Have all voted? There being 142 ayes, 0 nays, House Bill 3541 finally passes. The Chair calls up House Bill 240 with Senate Amendments. The clerk will read the Amendment.

CLERK: HB 240 by Parker relating to the Conference Commission (inaudible) to on-site sewage disposal systems.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Parker.

REPRESENTATIVE PARKER: Thank you, Mr. Speaker, Members. This is the bill we passed and instructed the TCEQ to adopt rules to ensure that home septic systems installed in 2012 are equipped with access points that are child proof. I would work with the Senate and the Governor's office to fight in the language and I move to concur with Senate Amendment 240.

SPEAKER OF THE HOUSE: Representative Parker makes a motion to concur with Senate Amendments to House Bill 240. Members this is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 140 ayes, one nay. House Bill 240 finally passes. Is Mr. Walle on the floor? Mr. Walle? Mr. Branch. The Chair calls up HB 2907 with Senate Amendment. The clerk will read the Amendment.

CLERK: HB 2907 by Branch relating to the requirements of foreign procedures relating to the

(inaudible.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Branch.

REPRESENTATIVE BRANCH: Members, I move to concur. This was just some minor changes to the procedures governing the TEG grants and so I move to concur with Senate Amendments.

SPEAKER OF THE HOUSE: Mr. Phillips, for what purpose?

REPRESENTATIVE PHILLIPS: I just want to make sure what minor changes to the TEG program.

SPEAKER OF THE HOUSE: Will the gentleman yield?

REPRESENTATIVE PHILLIPS: And make sure all the stakeholders agreed on it and all that good stuff.

REPRESENTATIVE BRANCH: In fact, Mr. Phillips, why don't we Point of Order and I'll let you look at each one.

REPRESENTATIVE PHILLIPS: Okay. Are they just general changes to the wording to clarify it or did they change --

REPRESENTATIVE BRANCH: Yeah. There's just a few minor word changes. "Attended by." So why don't I postpone and let you look at it and make sure everything is copacetic.

SPEAKER OF THE HOUSE: Members, the bill with Senate Amendments is temporarily withdrawn. Please excuse Representative Flynn because of important business in the District on a motion by Representative Burman. The Chair calls up House Bill 2609 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 2609 by Guillen relating to the

(inaudible) elderly or persons with disabilities.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker, Members. The Senate Amendment for HB 2609 takes out the portion that prohibits home healthcare workers in soliciting gifts from patients because of our inability to define what solicitation would be or what a gift would constitute as and so therefore I move to concur.

SPEAKER OF THE HOUSE: Members, Representative Guillen makes a motion to concur with Senate Amendment to House Bill 2069. This is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 142 ayes. 0 nays. House Bill 2609 finally passes. The Chair lays out House Bill 2716. The clerk will read the Amendment.

CLERK: HB 2716 by Darby relating to the management and preservation of the county clerk's records in the county clerk's archives.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby.

REPRESENTATIVE DARBY: Members, this bill related to the management and preservation of county clerk's records. The Senate has simply added some clean-up language. No substantive effects of the bill. I move to concur.

SPEAKER OF THE HOUSE: Representative Darby makes a motion to concur with Senate Amendments. Members, this is a record vote. The clerk will ring the bell. Have all voted? Have all Members voted? There being 142 ayes, 0 nays. House Bill 2716 finally passes. The Chair calls up House Bill 2959 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 2959 by Price dealing with the transfer of records to any political party with entitled fees.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Price.

REPRESENTATIVE PRICE: Thank you, Mr. Speaker. Our House Bill 2959 failed to transfer required records. The Senate Amended that to just reduce the penalty to a Class C misdemeanor that was discussed in Committee was acceptable. I move to concur with Senate Amendments.

SPEAKER OF THE HOUSE: Representative Price makes a motion to concur with Senate Amendments. Members, this is a record vote. The clerk will ring the bell. Have all voted? There being 139 ayes. 0 nays. House Bill 2950 finally passes. The Chair calls up House Bill 1127 with Senate Amendments. The clerk will read the Amendment.

CLERK: House Bill 1127 relating to notice of relief available to certain Members of the military required to be provided to certain property documentation.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Gutierrez.

REPRESENTATIVE PHILLIPS: Thank you thank you, Mr. Speaker, I concur with Senate Amendments. This is a notification for servicemen under the Uniform Servicemen's Act.

SPEAKER OF THE HOUSE: Representative Gutierrez makes a motion to concur with Senate Amendments. Members, this is a record vote. The clerk will ring the bell show Representative Gutierrez voting aye. Have all voted? Have all voted? There being 138 ayes. 0 nays. House Bill 1127 finally passes.

SPEAKER OF THE HOUSE: The Chair calls up House Bill 252 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 252 by (inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hildenbrand.

REPRESENTATIVE HILDEBRAND: Thank you, Mr. Speaker. Members. The Senate put on one Amendment that's three pages that basically adds mobile homes on certain size tracts, qualify for a homestead exemption, if they're residing and that would be their homestead and it's acceptable to me so I would move to concur with Senate Amendments.

SPEAKER OF THE HOUSE: Representative Hildebran makes a motion to concur with Senate Amendments. Members, this is a record vote. The clerk will ring the bell. Have all voted? There being 136 ayes. 0 nays. House Bill 252 finally passes. The Chair calls up HB 1057 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 1057 by Anchia relating to the business lead time regard (inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Representative Anchia.

REPRESENTATIVE ANCHIA: Thank you, Members. This is a bill that passed unanimously out of the House, and when it came back the Senate made one Amendment. They removed one word, the word "leave" and replaced it with the with words "vacation" or "compensatory" in Section I 42 spot 014 C. So I move to concur with Senate Amendments.

SPEAKER OF THE HOUSE: Representative Anchia makes a motion to concur with Senate Amendments. Members, this is a record vote. The clerk will ring the bell. Have all voted? Have all Members voted? There being 138 ayes. Two nays. House Bill 1057 finely passes. The Chair calls up House Bill 8 with Senate Amendments. The clerk will read the Amendment.

CLERK: HB 8 by Darby relating to prohibiting certain private transfer fees and the certain transfer rights regarding private properties.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Darby.

REPRESENTATIVE DARBY: Thank you, Members. We took out the deceptive trade language and the Senate took out the language deceptive trade and the Cause of Action, and it's acceptable to the author. And I move to concur.

SPEAKER OF THE HOUSE: Representative Darby makes a motion to concur with Senate Amendments. Members, this is a record vote. The clerk will ring the bell. Have all voted? Have all voted?

SPEAKER OF THE HOUSE: There being 142 ayes, one nay. House Bill 8 finally passes. The Chair calls up House Bill 1753 with Senate Amendments. The clerk will read the Amendment.

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

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.

REPRESENTATIVE GALLEGO: Thank you, Mr. Speaker. Members, the Senate added an Amendment with respect to some DNA testing and I'd move to concur with the Senate Amendment.

SPEAKER OF THE HOUSE: Representative Gallego makes a motion to concur with Senate Amendments on HB 1573. Members, this is a record vote. The clerk will ring the bell. Have all voted? There being 140 ayes. 0 nays. House Bill 1573 finally passes. The Chair calls up House Bill 2092. The clerk will ring. With certain Amendments with Senate Amendments. The clerk will read the Amendment.

CLERK: HB (inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Representative Cook.

REPRESENTATIVE COOK: Thank you, Mr. Speaker, Members, this is a local bill. Collin County was added to it and I move to concur.

SPEAKER OF THE HOUSE: Representative Cook makes a motion to concur with House Bill 92. Members, this is a record vote. The clerk will ring the bell. Have all voted? There being 139 ayes. 138 ayes, one nay. House Bill 92 finally passes. Please excuse Representative Alvarado because of important business in the District on a motion by Representative Solomons. The Chair calls up House Bill 350 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 350 by Walle relating to the discharging of fines and costs assessed against certain juvenile defendants through community service or tutoring.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.

REPRESENTATIVE GALLEGO: Thank you, Mr. Speaker. The Senate added an Amendment with respect to community service or tutoring, and Mr. Walle would move to concur your with the Amendment.

SPEAKER OF THE HOUSE: Representative Gallego makes a motion to concur with Senate Amendment to House Bill 350. Members, this is a record vote. The clerk will ring the bell. Have all voted? There being 140 ayes. 0 nays. House Bill 350 finally passes. The Chair recognizes Representative Miller for an announcement.

REPRESENTATIVE MILLER: Thank you, Mr. Speaker, Members, let me just bring to your attention, two weeks from today, hopefully each and every one of you received a copy of the invitation to the 16th Annual Texas Legislators Day at Schlitterbaun and they are hosting us again. This year as they often do or have for the last 15 years, and I'd like to remind everybody to join Senator Wentworth and myself down there on Saturday June the 4th from 10:00 to 8:00. Bring your family. We're going to have lunch for you and your families from about 11:30 to 1:00. And please come and join us. Either contact my office and let me know how many can come so we can plan for the food or contact Senator Wentworth. Hope to see you down in New Braunsfels. If you didn't get an invitation, I have some over here at my desk. Your staff is invited, too, and they get about a 60 percent discount off the rate of coming in. So just give us a holler if you want to come or come by the desk over here.

SPEAKER OF THE HOUSE: The Chair calls up House Bill 2476 with Senate Amendments. The clerk will read the Amendments.

CLERK: HB 2476 by Harless relating to the appraisal of governing (inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hildebran.

REPRESENTATIVE HILDEBRAN: Mr. Speaker, Members, this is a bill by Representative Harless and myself and others, that came through the Ways & Means Committee. Passed the House. They added a ten page Committee substitute, but basically made minor clean-up language changes, and I would move to concur with the Senate Amendments.

SPEAKER OF THE HOUSE: Representative Hildebran makes a motion to concur with Senate Amendments to House Bill 2476. Members, this is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 141 ayes, 0 nays. House Bill 24736 finally passes. The Chair recognizes Representative Eissler.

REPRESENTATIVE EISSLER: Mr. Speaker, Members, I'd like to recognize my daughter, who's here with us today to bang the gavel. Ms. Blake Eissler.

SPEAKER OF THE HOUSE: The Chair announces the sign in the presence of the House.

CLERK: HB 34, House Bill 114, House Bill 123, HB it 53, HB 282, HB 345, HB 399, HB 413, HB 451, HB 533, HB 549, HB 627, HB 649, HB 824, HB 930, HB 942, HB 952, House Bill 1123. House Bill 1128, House Bill 1135, House Bill 1136. House Bill 1146. HB 1245. HB 1381. HB 1529. HB 1559. HB 1543. HB 1544. HB HB 1772. HB 1774. HB 1840. HB 1841. HB 1908. HB 1955. HB 1983. HB 2061. HB 2069. HB 2108. HB 2162. HB 2189. HB 2245. HB 2258. HB 2312. HB 2354. HB 2357. HB 2759. HB 2793. HB 2859. HB 2908. HB 2928. HB 3065. HB 3052. HB 547. HB 3814. HCR 13, HCR 63. HCR 68. HCR 90, HCR 133. HCR 164.

SPEAKER OF THE HOUSE: The Chair calls up House Bill 200 with Senate Amendments. The clerk will read the bill.

CLERK: HB 200 by Parker relating to the notification of the release of certain inmates given to certain courts and law enforcement agencies.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Parker.

REPRESENTATIVE PARKER: Thank you, Mr. Speaker, this is a bill we passed that will save the State approximately $30,000 a year requiring the notification TVY. The problem was that in the Senate they added an Amendment that I didn't actually have a problem with but was viewed as not being germane. As a result I'm going to move to go to conference.

SPEAKER OF THE HOUSE: Members Representative Parker moves not to concur with Senate Amendments and requests appointment of a conference can Committee. Any objections? Chair hears none. So ordered. Is there any motion to instruct conferees? The Chair hears none. So ordered. The following conferees. The clerk will read the conferees.

CLERK: House Conferees for the Conference Committee on House Bill 200, Parker Chair, Madden, Marquez. Harry. White.

SPEAKER OF THE HOUSE: The Chair calls up House Bill 2907 with Senate Amendments. The clerk will read the bill.

CLERK: HB 2907 by Branch relating to the requirements for and procedures governing tuition and qualification grants.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Branch.

REPRESENTATIVE BRANCH: Thank you, Mr. Speaker, Members. This is the bill that we brought up earlier and Mr. Phillips had some questions and we just have one change. We're taking out a piece of the bill that would allow more latitude on increasing the Amendment of tuition and we're going to go back to current law. So I move to concur with the Senate Amendments.

SPEAKER OF THE HOUSE: Representative Branch moves to concur with Senate Amendments. Any objections? Hearing none. So ordered. Members, we need to back up here. We're going to take a record vote with concurring Senate Amendment of 2907. It's a record vote. The clerk will ring the bell. Show Branch voting aye. Have all Members voted? There being 142 ayes. 0 nays. The motion fails. The Chair recognizes Representative Callegari.

REPRESENTATIVE CALLEGARI: Members, I move to appoint Conference Committee on Senate 201.

SPEAKER OF THE HOUSE: Members, Representative Callegari moves to request a Conference Committee with the senators on SB 201. Members, is there any objection? The Chair hears none. So ordered. Are there any instructions for the conferees? If not, the clerk are read the conferees.

CLERK: House Conferees for the Conference Committee on House 201. Chair, Callegari, Burman, Farias, Miller of Erath. Pickett.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Bohac for a motion.

REPRESENTATIVE BOHAC: Members, I move to suspend all necessary rules so we can take up and consider House Bill Resolution No. 2181.

SPEAKER OF THE HOUSE: Members, you heard the motion. Is there any objection? The Chair hears none. So moved. The Chair lays out House Bill 2111. The clerk will read the bill.

CLERK: HB 2181 by Bohac congratulating Jamie Rebecca Skies and Travis Miller Griffen on their wedding.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Bohac.

REPRESENTATIVE BOHAC: Move passage. Move adoption.

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

(The House Stands at Ease)

SPEAKER OF THE HOUSE: The Chair lays out on third reading Senate Bill 31. The clerk will read the bill.

CLERK: SB 31 by Zulliger relating to the composition of the certain District for the exemption of Members of the Texas Senate.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Solomons.

REPRESENTATIVE SOLOMONS: Thank you, Mr. Speaker, Members. I appreciate all, everybody's participation, whether everybody agree or not. This is kind of an historic moment and I would like to move passage of the bill.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Burman in opposition.

REPRESENTATIVE BURMAN: I'll be very brief. This is Senate Bill 31. It quacks both the African American and Hispanic communities in Tarrant County in four different Districts. I believe it is illegal, immoral and wrong, and I want to make sure that anybody that has those concerns, votes against it. Thank you.

SPEAKER OF THE HOUSE: Representative Solomons move passage. The question occurs on final passage of Senate Bill 31. It's a record vote. The clerk will ring the bell. Show Representative Pena voting aye. Have all voted? Show Representative Villareal voting no. Have all voted? There being nine of ayes 96 ayes and 47 nays. Senate Bill 31 has finally passed. Members, House Bill 150 has just passed the Senate. Members, we still have a little bit of work to do. If we could take our seats and work towards that, we can get out of here. Members, please take your seats. We want to go ahead and conduct our business. Madame Doorkeeper.

MADAME DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the Door of the House.

SPEAKER OF THE HOUSE: Please admit that messenger.

MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House the Senate has taken the following message. The Senate has passed the following SGR 2351 respectfully (inaudible).

SPEAKER OF THE HOUSE: Thank you. The Chair lays outs on third reading and final passage Senate Bill 1811. The clerk will please read the bill.

CLERK: HB 1811 by Duncan relating to state fiscal matters.

SPEAKER OF THE HOUSE: The Chair recognizes Chairman Pitts.

REPRESENTATIVE PITTS: Mr. Speaker, Members, this is that bill we had last night, and I think there's some third reading Amendments.

SPEAKER OF THE HOUSE: The clerk will please read the Amendment.

CLERK: Amendment by Pitts.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Pitts.

REPRESENTATIVE PITTS: Mr. Speaker, Members, this is concerning the premium tax, and sunsets after this next biennium. I move passage. Move adoption.

SPEAKER OF THE HOUSE: Mr. Pitts offers up an Amendment. The Amendment's acceptable to the author. Is there any objection? The Chair hears none. So ordered. The clerk will please read the Amendment.

CLERK: Amendment by Pitts.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Pitts to explain his Amendment.

REPRESENTATIVE PITTS: Mr. Speaker, Members, this moves the Sales Tax Holiday to the first Friday in August for that weekend.

SPEAKER OF THE HOUSE: Mr. Gallego.

REPRESENTATIVE GALLEGO: Mr. Speaker.

SPEAKER OF THE HOUSE: Will the gentleman yield?

REPRESENTATIVE GALLEGO: Will the gentleman yield?

SPEAKER OF THE HOUSE: Will the gentleman yield?

REPRESENTATIVE PITTS: Yes.

SPEAKER OF THE HOUSE: The gentleman yields for a question.

REPRESENTATIVE GALLEGO: Mr. Pitts, I didn't hear you very well on your first Amendment or your second Amendment so can you kind of go over those again.

REPRESENTATIVE PITTS: Okay. The first Amendment, there was an error in the drafting and it was supposed to be a Sunset Provision on the premium tax, as we would look at it when we looked at all matters like that next Session, and it was supposed to be a sunset. There would just be for the biennium. This is an Amendment, this second one was an Amendment that Bryan Guillen and can Parker came up yesterday. In fact, Ryan passed it on second reading to another Amendment, Amendment to Amendment, that Representative McClendon had and it moves the Sales Tax Holiday to the first Friday in August instead of, I think, it's the third weekend.

REPRESENTATIVE GALLEGO: Are you planning any other Amendments, as well, or is this it?

REPRESENTATIVE PITTS: These are my two.

REPRESENTATIVE GALLEGO: Okay. Would you also at the request some of the other Members, would you also be willing to explain your tie.

REPRESENTATIVE PITTS: I will. If you want me to.

REPRESENTATIVE GALLEGO: Thank you, Mr. Speaker. Thank you, Mr. Pitts.

REPRESENTATIVE PITTS: Thank you, Pete.

SPEAKER OF THE HOUSE: Mr. Pete's offers up an Amendment. The Amendment is acceptable to the author. Is there any objections? The Chair hears none. So ordered. The following Amendment. The clerk will please read the Amendment. Mr. Alonzo on the floor of the House.

CLERK: Amendment by Alonzo.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Alonzo.

REPRESENTATIVE ALONZO: Mr. Speaker, this is just permissive language on how they can decide to give out the scholarships. It's acceptable to the author.

SPEAKER OF THE HOUSE: Mr. Alonzo offers up an Amendment that's acceptable to the author. Is there any objection? The Chair hears none. So ordered. The following Amendment. The clerk will please read the Amendment.

CLERK: Amendment by Hartnett.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Hartnett to explain his Amendment.

REPRESENTATIVE HARTNETT: Thank you, Mr. Speaker, Members. This is a measure that was in the Senate Bill as it came over to the House that also was in a House Bill that passed out of the judiciary Committee. It provides a funding source for basic legal services that were/ed in the budget and for indigent defense which is a state obligation for counties. This measure is in House Bill 1 on Page 439 and is part of the Appropriations Bill.

SPEAKER OF THE HOUSE: Representative Hartnett offers up an Amendment. The Amendment is acceptable to the author. Is there any objection? Mr. Keffer, for what purpose?

REPRESENTATIVE KEFFER: Will the gentleman yield for a couple questions?

REPRESENTATIVE HARTNETT: I yield.

SPEAKER OF THE HOUSE: The gentleman yields have.

REPRESENTATIVE KEFFER: Mr. Hartnett, you just told me this is a new fee. Can you please describe the fee and how much is anticipated to raise.

REPRESENTATIVE HARTNETT: $5 addition on tickets and $ten addition on District Court filing fees.

REPRESENTATIVE KEFFER: So it would be $5 on all traffic citations issued in the state?

REPRESENTATIVE HARTNETT: Correct.

REPRESENTATIVE KEFFER: By cities? Counties? Anybody? How much would you anticipate it would raise?

REPRESENTATIVE HARTNETT: It would generate about $28 million.

REPRESENTATIVE KEFFER: So essentially it's a $28 million fee?

REPRESENTATIVE HARTNETT: Correct.

REPRESENTATIVE KEFFER: Okay. Thank you.

REPRESENTATIVE HARTNETT: Thank you.

SPEAKER OF THE HOUSE: Representative Hartnett recovers up an Amendment. We know. The Amendment is acceptable to the author. A record vote has been requested. A record vote has been granted. The clerk will please ring the bell. Show Mr. Pitts voting aye. Show Mr. Iseff voting no. Have all voted? There being 36 ayes. 105 nays, one present not voting. Eight absent the Amendment fails to adopt. The following Amendment. The clerk will please read the Amendment.

CLERK: Amendment by Isaac.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Isaac.

REPRESENTATIVE ISAAC: Thank you, Mr. Speaker, Members. This Amendment simply states that if we have the money available that we will not do the deferral on the payment to the School Fund. I think it's fiscally responsible for us to push that payment out 11 days. To push that patient. If the moneys available there, we will avoid that deferral after the Medicaid responsibilities. And I appreciate your support.

SPEAKER OF THE HOUSE: Mr. Iseff offers up an Amendment. The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted. Members, we're done with Amendments. Anyone wishing to speak for or against Senate Bill 1811? The Chair recognizes Representative Pitts to close.

REPRESENTATIVE PITTS: Move passage.

SPEAKER OF THE HOUSE: The question occurs on final passage of Senate Bill 1811. This is a record vote. The clerk will please ring the bell. Show Mr. Pitts voting aye. Have all voted? Have all voted? There being 100 ayes. 44 nays, one present and not voting, Senate Bill 1811 is finely passed. The Chair recognizes Representative Eissler for a motion.

REPRESENTATIVE EISSLER: Mr. Speaker, Members, I move to suspend all necessary rules to take up HCR 57.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection Chair hears none. The clerk will read the motion.

CLERK: SCR 57 by Williams recalling HB No. 2257 from the House for further consideration.

SPEAKER OF THE HOUSE: The Chair recognizes Representative EILAND to explain the Resolution.

REPRESENTATIVE EILAND: Mr. Speaker, Members, the Senate is recalling my bill because they put the wrong Amendment on it over there. So now they play it out and described the correct Amendment. We're going to send it back over there so they can attach the right Amendment and then we will be able to concur.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. The Chair lays out on third reading and final passage Senate Bill 1662 by Mr. Turner. The. The clerk will read the bill.

CLERK: SB 1662 by West relating to the

(inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Representative Giddings.

REPRESENTATIVE GIDDINGS: Members, move adoption.

SPEAKER OF THE HOUSE: This is the final passage and third reading of Senate Bill 1662. Therefore, it's a record vote. The clerk will please ring the bell. Have all voted? Have all voted? There being 136 ayes, 4 nays, 2 present not voting, 8 absent. Senate Bill 1662 has finely passed. The Chair recognizes Representative Keffer for a motion.

REPRESENTATIVE KEFFER: Thank you, Mr. Speaker. I move to suspend all necessary rules. We should have done this in the Energy Resource Committee, but to add joint sponsors to Senate Bill 20 that will be heard in a minute. By request of the author would be Keffer, Chisolm, Charlie Howard and Mr. Eiland.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair lays out on second reading Senate Bill 20. The clerk will read the bill.

CLERK: SB 20 by Williams relating to the Ground Survey Program conserving natural gas. Motor vehicles.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Strama.

REPRESENTATIVE STRAMA: Thank you, Mr. Speaker. Members, we have a great program called the Texas Emissions Reductions Program. We use it to invest in programs that will reduce emissions. This bill would allocate 16 percent of those funds to converting or to incentivizing the purchase of natural gas vehicles. And four percent of those funds towards the refueling infrastructure necessary for people to operate rate those natural gas vehicles, particularly focussing on the corridor between Dallas, San Antonio and Houston, where study says that with 500 cars using natural gas vehicles, we get the infrastructure there necessary for this industry to become self propagating. Obviously natural gas is a critical industry for Texas. The program is sunset in five years. So it will become self-sustaining without incentive. It will have huge emission reduction benefits over the long hall. There's an Amendment and I'll go ahead and lay out the Amendment.

SPEAKER OF THE HOUSE: The Chair lays out the Amendment. The clerk will please read the Amendment.

CLERK: Amendment by Otto.

SPEAKER OF THE HOUSE: Mr. Chisum. Madame Doorkeeper.

MADAME DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the Door of the House.

SPEAKER OF THE HOUSE: Admit the messenger.

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

SPEAKER OF THE HOUSE: Thank you. The Chair recognizes Mr. Chisum to explain the Otto Amendment.

REPRESENTATIVE CHISUM: Mr. Speaker, Members, this Amendment by Mr. Otto virtually brings in other types of vehicles for alternative fuel vehicles.

REPRESENTATIVE BURMAN: Mr. Speaker, would the gentleman yield?

SPEAKER OF THE HOUSE: Mr. Chisum, will you yield?

REPRESENTATIVE CHISUM: I yield.

SPEAKER OF THE HOUSE: He yields.

REPRESENTATIVE BURMAN: Thank you, Representative Chisum, I wanted to ask you a question for legislative intent. Is it your belief that the definition included in this Amendment means that alternative fuel means the fuel other than gasoline or conventional diesel fuel including bio diesel fuel, electricity, compressed natural gas, liquified natural gas, hydrogen propane or a Mexico of fuels containing at least percent meth knowledge by volume.

REPRESENTATIVE CHISUM: It absolutely does, and the idea is that gasoline and methane are not alternative fuels. Bio diesel is. And those others that you've listed.

REPRESENTATIVE BURMAN: Thank you for your response. I appreciate that it be reduced in writing and put in the House Journal.

SPEAKER OF THE HOUSE: Members, you've heard the motion by Mr. Burnam to have this put in the journal. Is there any objection? The Chair hears none. So ordered. Representative Chisum offers up an Amendment. The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted. The following Amendment. The clerk will please read the Amendment.

CLERK: Amendment by Strama.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Strama to explain the Amendment.

REPRESENTATIVE STRAMA: Thank you, Mr. Speaker. Members, this Amendment does a couple of things. It addresses a couple of concerns raised by Representative Legler. One, it deletes the preference in the in the bill that would have give inpreference in HOV lanes or preferred parking for natural gas vehicles. The second is it addresses a concern raised by the Conference of Urban Counties to ensure that if in any way this program jeopardizes the State implementation plan for non-attainment areas to achieve Federal Air Quality Standards, then this program would be suspended for the purpose of achieving Federal Air Quality Standards. And then we actually lowered the weight eligibility. This is for very heavy duty trucks, but we lowered it to 8500 pounds, so that certain fleets that we know want to participate in this program, want to know this want to make this record fit or purchase natural gas vehicles, are eligible to, we put a cap on how much, on the per grant amount for the infrastructure refueling stations and a cap on the total amount of assistance. As I said, this program will end in five years.

SPEAKER OF THE HOUSE: Mr. Strama offers up an enforcement that is acceptable to the author. Are there any objections to the Amendment? The Chair hears none. So ordered. And Strama to close have.

REPRESENTATIVE STRAMA: And with that I move passage.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 20? All those in favor say aye. Those opposed say nay. Senate Bill 20 has passed on third reading. The Chair lays on third reading SJR 16. The clerk will please read the bill.

CLERK: SJR 16 by proposing the constitutional Amendment (open space land devoted to water --

SPEAKER OF THE HOUSE: The change recognizes Mr. Ridder.

REPRESENTATIVE RIDDER: Thank you, Mr. Speaker. Members, SJR 16 proposes an Amendment to the Texas Constitution to add water stewardship to the list of land uses that qualify for appraisal based on the lands productivity capacity. The water stewardship valuation option will give land owners a new tool to help promote water conservation and help the State meet its overall water conservation goals. Move passage.

SPEAKER OF THE HOUSE: Members, Representative Ridder moves passage on SJR 20, the third reading. A record vote is required. Therefore, the clerk will ring the bell. Have all Members voted? Show Mr. Taylor of Galveston voting aye. Have all voted? There being 143 ayes. 0 nays, one present not voting. SJR 16 has passed third reading. The Chair lays out on third reading, Senate Bill 350. The clerk will read the bill.

CLERK: SB 350 relating to the (inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.

REPRESENTATIVE TRUITT: Thank you, Mr. Speaker, under the current structure, the Texas Municipal Retirement System, certain assets are credited to three different accounts or funds. This bill combines all three of these individual trust fund accounts and consolidates them as a single trust fund. The transfer will result in accounting, lower administrative costs, lower the required contradiction rate for many TMR cities and we think it's going to save your cities about $750 million. Anyone else wishing to speak for or against Senate Bill 350. All those opposed say aye. Opposed nay. The ayes have it. Senate Bill 350 is passed the third reading. The Chair lays out on second reading Senate Bill 341. The clerk will read the bill.

CLERK: SB 341 by Orr relating to an

(inaudible).

SPEAKER OF THE HOUSE: The Chair recognizes Representative Menendez.

REPRESENTATIVE MENENDEZ: Thank you, Mr. Speaker, Members. I've got a little bit of a layout here. This bill is a local bill, but unfortunately many of you had to hear more than you probably wanted to hear about Senate Bill 341. This. Relates to changes that are needed to bear Metropolitan Water District in San Antonio. For over a decade now Bexar Metropolitan Water District has suffered from inadequate services, unfair water conditions, excessive rates. Since 2003, the legislature has worked on bills to rehabilitate this District. Including in 2007, the TCEQ, and local dealings to look into Bexar Metropolitan Water District, and created a Joint Oversite Committee. The findings of these reviews, audits and over sites have gotten worse, not better, as the District continued to downward spiral indictments, questions about financial dealings, deteriorating service, water quality and availability and most importantly, rate pair discontent. This Water District was created by the Legislature in the late 1940s to serve then rural users and was simply now unable to meet the demands of growth in the growth that the area experienced in past decade. Since there's no one apartment the back mic have we'll just move passage.

SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 341? If not, the question occurs on passage to engrossment of Senate Bill 341. All those in favor say aye. I'm sorry. There's an Amendment. The following Amendment. The clerk will read the Amendment.

CLERK: Amendment by Menendez.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Menendez.

REPRESENTATIVE MENENDEZ: All right. This first Amendment -- where is the copy of the Amendment?

SPEAKER OF THE HOUSE: Mr. Garza, for what purpose?

REPRESENTATIVE GARZA: Will the gentleman yield the mic?

SPEAKER OF THE HOUSE: Mr. Menendez, will you yield?

REPRESENTATIVE MENENDEZ: I'd be happy to yield Mr. Garza.

REPRESENTATIVE GARZA: Representative Menendez, I'd like to lay out some opposition, but I'd like to give you the opportunity to lay out your Amendments first. I would initially request that you postpone this bill so that I can review the Amendments that I sub mid to you from the beginning of the Session or to Senator Odessy's office. So in respect for the sometime of the House and the Members, I respectfully ask you to postpone this bill for later to today if we could get together and review these Amendments that I've laid out today.

REPRESENTATIVE MENENDEZ: John, all the Amendments that been filed were filed as of yesterday. You and I talked about the Amendments. We talked about it at length and then we talked about meeting with the Senator again. We had a delegation meeting at the beginning of the Session, and we had time to give input. This is not something that's come about just recently. There was a hearing when this bill was laid out. I think it had about, if I'm not mistaken, somewhere between six and eight-hour hearing. I said, I think that really out of the respect for the members time, I'd like to date the Amendments one by one and then let's just have a vote on the bill.

REPRESENTATIVE GARZA: Okay. But you are aware that I submitted a bill. As an alternative, we thought it was a better constitutional proposal to the election to resolve Bexar Met.

REPRESENTATIVE MENENDEZ: I'm aware that you resolved a bill. I'm not sure what happened to your bill. I'm not sure that it received a hearing. Didn't get a hearing. I can't help you on that.

REPRESENTATIVE GARZA: Are you also aware of the numerous times that I visited with the staff at Senator Odessy's office as well as your office in Mt. Larson, and that we brought forth these concerns on this bill to you very early in the Session?

REPRESENTATIVE MENENDEZ: Absolutely. John, we had a conversation about this bill pretty much the entire Session, and I told you time and time again. I said, this is an issue that Senator Odessy has more constituents who are Bexar Met payers. He's been doing dealing with. He's come around from being a Bexar Met defender to someone who has sat on the Oversite Committee, and finally the Oversite Committee has come to a conclusion. And I quote in their report. It says, "the governing body of the disclusion to be functional to the extent that it is not capable of either fulfilling its response to its customers or rehabilitating itself to the extent that it can do so." So I am completely aware of your concerns and I respect your concerns and I respect it and that's why I think we have this process so that we can have the debate. But I think it would be better out of respect for the Members that we just go on Amendment by Amendment and either just vote them up or down.

REPRESENTATIVE GARZA: All right. And you understand that this was brought to my attention by Chairman Frank Court, who basically laid out what was happening in the situation, and he with went from that point time forward? So I didn't just jump into this. I didn't want to get involved, but was asked to review the situation by Chairman Frank Court, who's now retired from the House.

REPRESENTATIVE MENENDEZ: Yes. And Frank Court is a good friend and we worked on this issue together and he's well aware of the problems with the District, as well.

REPRESENTATIVE GARZA: And you would agree that he was involved in the Oversite Committee and probably had as much expertise on this problem as anyone else?

REPRESENTATIVE MENENDEZ: I am aware and I would agree that he does have as much expertise. But I just quoted what the findings of the report were, that they don't feel that they can rehabilitate itself. They're so dysfunctional that it's not possible to fix it.

REPRESENTATIVE GARZA: Okay. Well, respectfully for the time of the House, I will debate the Amendment, and I reserve my statement of opposition till after you present your Amendments. Would that be agreeable to you?

REPRESENTATIVE MENENDEZ: Thank you. And what I'm going to do, since I was trying to be quick, I have a layout that really answers a lot of the questions. And so what I'll do, I'll continue with this lay out so I can tell you exactly what the problems are. The customers across the entire District did you ever suffer a lack of infrastructure to deliver their water. They often suffer from the quality of water that has been delivered, more than once emergency trucking water supplies and infrastructure was inadequate. Members, Bexar County today is 94 percent urban. So when you hear about the rural interest of the Bexar Met payers, those numbers are shrinking rapidly as the population mushrooms through the service area. And unfortunately they're suffering poor quality service and infrastructure have. All what this bill does, it ensures that the voters of the Bexar Metropolitan Water District finally can have their voice heard in by giving them the vote in deciding the future of their water services. The bill provides an election process that ensures a one percent, one vote, while also providing an alternative selection process in the unlikely case the Department of Justice raises pre-clearance concerns. In either case, the voters of Bexar Metropolitan Water District alone, every one of those voters, wherever they live will make the choice under this bill. If the vote is choosing to dissolve the District, the bill will be allowed under very strict rules and restrictions on quality and costs for the interconnection and surrounding infrastructure of the San Antonio Water Systems to finally ensure that water quality, water availability and the infrastructure needed that the Bexar water customers have been called for. The Bexar Met will not lose their water resources. They would continue to access their water rights and supplies of infrastructure in place. They will actually gain water quantities because they will have ready access to the extensive reserves of the San Antonio Water System. The Bexar Met customers will not lose

(inaudible) those boundaries and response will extend to the Bexar Met customer equally. And to emphasize the effectiveness of this, it currently serves more customers outside the city limits than Bexar Met does today. They already serve percent of those customers with waste water collections, allowing for a seamless transition to water service.

REPRESENTATIVE HILDEBRAN: When you say a question about Medina County on that?

SPEAKER OF THE HOUSE: Mr. Menendez, would you like to yield now or after you finish?

REPRESENTATIVE MENENDEZ: I'm just going to answer a few questions and then we can have a conversation. All we're talking about, 85,000 customers, give them the right to vote on whether they want to be more tone a more organized, more efficient, I better managed water utility at a lower and more efficient cost, instead of continuing their systematic problems of isolated systems in four counties that have resulted in four have lead most to believe that it is not sustainable. Throughout the many fast growing areas of the state, you all though know the importance of ensuring an adequate water system is in place.

REPRESENTATIVE HILDEBRAN: Thank you, Mr. Speaker. Thank you. I'm very aware from being a member of the Natural Resources Committee in past sessions when this frequently raised its head. It seems like two sessions ago that he actually killed the bill and last Session our colleague killed it. So I understand the history and I know there's been a lot of problems.

REPRESENTATIVE MENDENDEZ: Could you repeat what you said. Your desk mate Chairman Frank Court was trying to pass the bill, right?

REPRESENTATIVE HILDEBRAN: Right. So I'm very aware of it and we're supportive of that last Session. The new legislative District that we just passed in your past Senate, I'm going to have to be having Medina County in District 53, and I was remembering from past discussions on this issue that there was a little bit of Medina County served. And I just walked up. Mr. Larson has been helping me deal with it. As there any testimony or any input or concerns from the people in Medina County that are served in that CNN?

REPRESENTATIVE MENENDEZ: We did hear from all of the rural areas that Bexar Met serves, and we've addressed those as an advisory Committee that's going to be made up and they're going to work with the County Commissioner's Court from Medina County, Atascoso and I believe it's Comal. The areas that Bexar Met extends. And if you recall from my opening statement, the San Antonio Water Systems Board extends outside of the city limits.

SPEAKER OF THE HOUSE: Representative Sheffield raises the Point of Order. The gentleman's time has expired. Representative Menendez takes up a Point of Order. The Amendment's been sustained. Is there an objection? The Chair hears none. The Amendment's adopted. The following Amendment. The clerk will read the Amendment.

CLERK: Amendment by Larson.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Larson.

REPRESENTATIVE LARSON: Mr. Speaker, Members, this is just a clarification of some of the things that Jose talked about. Two of the things that we're trying to change is dealing with a contract, the second phase of a contract dealing with Canyon Regional Water. The second part of it is it basically clarifies the election provision. Move passage. Move adoption.

SPEAKER OF THE HOUSE: Representative Larson sends up an Amendment. The Amendment's acceptable to the author. Is there an objection? The Chair hears none. The Amendment's adopted. The following Amendment. The clerk will read the Amendment.

CLERK: Amendment by Garza.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Garza.

REPRESENTATIVE GARZA: Members, I just want to let you know that I agree with everything that Representative Menendez and Representative Larson have commented on. I'm not here to defend Bexar Met. I'm not here to talk about SAWS. I'm here, basically, to talk about regulation without representation. Members, this is a wrong solution to a real problem, and I'm against this bill without some perfecting Amendments. I am the only Representative in San Antonio that's not a product of the City Council of San Antonio. I am a Representative of House District 117. If you look on the map of my current constituency and my proposed constituency, I am probably the most Representative of the rural right issues, which is probably still an undeveloped area of San Antonio, Bexar County. In fact, today, I am wearing my San Antonio tie.

SPEAKER OF THE HOUSE: Mr. Martinez-Fischer, for what purpose? REPRESENTATIVE MARTINEZ-FISCHER: Will the gentleman yield?

SPEAKER OF THE HOUSE: Will the gentleman yield?

REPRESENTATIVE GARZA: If you'll allow me to lay out my --

SPEAKER OF THE HOUSE: Okay. Mr. Martinez-Fischer. REPRESENTATIVE MARTINEZ-FISCHER: Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry. REPRESENTATIVE MARTINEZ-FISCHER: What do the three of us have in common back here or five, if you include yourself? We're all Representatives. I'm sorry, Mr. Garza, that was directed to the Speaker.

SPEAKER OF THE HOUSE: I'm not advised. What do we all have in common? REPRESENTATIVE MARTINEZ-FISCHER: I understand from our learned colleague is asserting that he's the only member of the Bexar County delegation that's not a product of the --

SPEAKER OF THE HOUSE: Mr. Martinez-Fischer, the Chair lives in Tarrell Hills, so I know that I am not a product of the City Council of San Antonio. REPRESENTATIVE MARTINEZ-FISCHER: I apologize, Mr. Speaker. Thank you, Mr. Speaker, we've learned a great deal today. Thank you, you sir. I stand corrected.

REPRESENTATIVE RODRIGUEZ: Mr. Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry.

REPRESENTATIVE RODRIGUEZ: What's wrong with being part of the San Antonio City Council?

REPRESENTATIVE GARZA: Nothing. Why?

REPRESENTATIVE RODRIGUEZ: We've got a wonderful crew up here.

REPRESENTATIVE GARZA: There's nothing wrong, and I said I'm agreeing with everything that's being proposed here. What I want to deal is just with the particular issue that would make this Amendment or make this bill a right bill. I mean, essentially what's happening here, it's stripping rural Texans of their voting rights because it erodes rural property rights and because it impose he is this regulation without representation. I've been open and transparent with Senator Uresdy and the whole delegation. I just want the most important issue here to me today is for representation of my 44 percent of my rate payers that would not have continued vote representation after the disconclusion of the elected board as it currently sits. percent of these residents who had lived outside of the City of San Antonio, it's a lose, lose situation. These rural and suburban residents lose their voting rights in any form of actual representation, and the control of their most precious commodity is water. The bill as it currently sits has some serious voting rights. If some of you in this House will remember in 1993 the creation of the Edward Schocker authority. A Federal Court determined the bill violated the Voters' Right Act, because it elected a Citizen Elected Board with a municipally appoint board. And I believe that this bill, as written, will be challenged on similar grounds. And after millions and millions of dollars spent, will be back here next Session to correct this mistake. Under this bill, rural and suburban areas will lose control of the half billion dollars in water rights will be diverted for use in the city at their discretion and currently San Antonio has a no plans for expansion out of their current think limits.

REPRESENTATIVE HARDCASTLE: Mr. Speaker.

SPEAKER OF THE HOUSE: Mr. Hardcastle, for what purpose?

REPRESENTATIVE HARDCASTLE: Can I ask a couple questions? I think that would simplify this?

SPEAKER OF THE HOUSE: Mr. Garza, do you yield?

REPRESENTATIVE GARZA: I yield to the Chairman.

REPRESENTATIVE HARDCASTLE: Mr. Garza, does your Amendment -- and we've heard Bexar Met versus SAWS for the entire 13 years I've been here. Does your Amendment leave it to where the voters that are actually involved get to decide and one entity can't run over the other and rural is not considered a taken from and those kind of simple questions?

REPRESENTATIVE GARZA: Yes, sir. This Amendment establishes that the transfer of assets from Bexar Met to SAWS will only begin 60 days after SAWS adopts an elected board. Currently, the rate payers of Bexar Met a publicly elected Board of Directors or a Citizen Elected Board of Directors. The board of SAWS is appointed by the San Antonio City Council. So therefore, under this proposal, the transfer of 44 percent of the Bexar Met rate payers who live outside the city currently, how the bill is proposed will lose all their voting rights and direct representation. My proposal also disallows a stacked election. And I think trey also has a proposal that tries to keep it constitutional. But this current bill does not establish vote representation after the dissolution and after the vote, which we do not oppose. We do not oppose the voters' rights to have Bexar Met assets transferred because, basically, all we want is open transparency of the values in assets. We want continued vote rights, and these are the only Amendments that I'm seeking. Currently with the pressure that I've put on with my Amendments, we've gotten some good Amendments from Lyle and from the delegation to deal with current contracts, current bonds. Current financial responsibilities. But they exclude a couple of the critical Water District s to the south. So some of the water districts will not be represented ever represented. Under the current wording, it's very loose. So we're specifically including those outside Water Districts who have current contracts, and this bill does give vote rights to the --

REPRESENTATIVE HARDCASTLE: And I'm telling you as a water experienced member, that most people in here do not understand but they do understand that we give everybody that has a right, the right to vote, and we don't set up an automatic point or a loser by giving the City of San Antonio the right to vote or over vote the other people. And that would be my question. So your Amendment makes this to where it's a clean and clear vote of the people involved to where we won't come back in two years and consider the taking?

REPRESENTATIVE GARZA: Exactly. And the big picture is the results of the election, once they're established, continue to allow equal representation for percent of those rate payers that would not have representation as the bill now stands.

REPRESENTATIVE HARDCASTLE: All right. Thank you.

REPRESENTATIVE LARSON: Mr. Speaker, will the gentleman yield.

SPEAKER OF THE HOUSE: Mr. Garza, do you yield?

REPRESENTATIVE GARZA: Yes. Larson.

REPRESENTATIVE LARSON: Mr. Speaker, are you aware that the 74 percent of the rate payers in Bexar County are using SAWS water right now? And when they don't have a vote on that? Are you aware of that?

REPRESENTATIVE EILAND: I'm aware that SAWS currently serves the right of the waste water needs of the outlying areas. Yes. 70 percent.

REPRESENTATIVE GARZA: Again, I'm not here to --

REPRESENTATIVE LARSON: Are you a customer --

REPRESENTATIVE GARZA: I'm a Bexar Met rate payer.

REPRESENTATIVE LARSON: Are you a customer of the City of Public Service for the electricity.

REPRESENTATIVE GARZA: I'm not here to argue about SAWS versus Bexar Met, Lyle, and I think you, more than anyone else, begin to postulate that these entities and these government agencies and water districts do not belong to the rate payers and the citizens. The fact that we're continued to be provided services that we do not need to consider the valuations, the assets, the debts, and currently those things have not been laid out on the table. What the current liability and responsibility and the physical strength of SAWS versus Bexar Met. That's all off the table right now. I'm just asking accountability and transparency, Lyle. Why would you be against that?

REPRESENTATIVE LARSON: Well, that's disingenuous for you to say. We've been working -- I ask the questions. I'm on this end of it, John. I ask the questions. We spent ten years working on this issue. As a County Commissioner, we worked through all the heartaches that constituents all over Bexar County experienced.

SPEAKER OF THE HOUSE: Point of Order.

REPRESENTATIVE LARSON: This is a local issue. Everybody on the Bexar County delegation, the City of San Antonio has passed a Resolution.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Menendez in opposition.

REPRESENTATIVE MENENDEZ: Members, I'm going to try to make this quick and brief and here's the facts. Let me give you the facts. Where's Rick Hardcastle my good friend? Hey, Rick, this is for you Buddy. I just want you to hear. Okay. The board Members already represent areas outside the city limits of San Antonio. Okay. This representation would continue to be expanded. No. 2, this Amendment violates the Texas Constitution. The reason why, the Constitution allows home rule cities to incorporate and set their own boards. The City of San Antonio created the SAWS boards for students of their charter not the legislature. And the Legislature cannot direct through statute the make-up of the SAWS board. This is different from Bexar Met. Bexar Met is an entity created by this Legislature, voters this Amendment is unconstitutional. So I am not going to waste any more of your time, Members. I'm not going to make a motion to table. I'm just going to ask you to vote against the Amendment. And I will yield.

REPRESENTATIVE MILLER: Mr. Speaker.

SPEAKER OF THE HOUSE: Mr. Miller, for what purpose?

REPRESENTATIVE MILLER: Question.

REPRESENTATIVE MENENDEZ: Yes, sir.

REPRESENTATIVE MILLER: Let me ask you: In 1959, did this Legislature create the Edwards Underground Water District?

REPRESENTATIVE MENENDEZ: I believe you if you tell me it is so.

REPRESENTATIVE MILLER: That's my understanding.

REPRESENTATIVE MENENDEZ: Okay.

REPRESENTATIVE MILLER: And there was an elected board?

REPRESENTATIVE MENENDEZ: Correct.

REPRESENTATIVE MILLER: And in 1993 this Legislature created the Edwards Aquaphor Authority.

REPRESENTATIVE MENENDEZ: Okay.

REPRESENTATIVE MILLER: Which was Anna appointed board.

REPRESENTATIVE MENENDEZ: Okay.

REPRESENTATIVE MILLER: And then there was a subsequent lawsuit under the Voting Rights Act, and in 1995 we came back and had to create an elected board because they said we had violated people's voting rights by taking that away.

REPRESENTATIVE MENENDEZ: Hold on a second. So what you're telling me, if I follow your line, you're saying we had an elected board. The Legislature changed to an appointed board, right?

REPRESENTATIVE MILLER: That's correct.

REPRESENTATIVE MENENDEZ: Here's the difference between your scenario and this bill. In Senate Bill 341, the rate payers vote whether or not to dissolve or to continue. We don't do it. The rate payers do it, and so we're are not telling anyone Bexar Met is going to difficult solve. We're giving the rate payers the right. If you're against this bill, if you think that Bexar Met is doing this job, all you have to do is campaign. What I don't want us to do, Doug, and I'll let you ask the next question. What I don't want us to do is to disbody, to keep the people in Bexar County, my rate payers to vote on whether they want better service at a better price. That's the simple question.

REPRESENTATIVE MILLER: And I understand that, and that's a good point. Let me ask you: It's only the rate payers and only the Members that are serve bid Bexar Met that vote in this election?

REPRESENTATIVE MENENDEZ: Yes.

REPRESENTATIVE MILLER: The people of San Antonio don't vote in this election?

REPRESENTATIVE MENENDEZ: That's correct.

REPRESENTATIVE MILLER: Okay.

REPRESENTATIVE MENENDEZ: Only one person who receives one bill.

REPRESENTATIVE MILLER: Right. So they're making that choice, and that's my point. I think your point is correct, that it's different than it was under the Edwards Aquaphor creation and then came back. But at that point in time once those people, if they so choose, they're making a decision that no longer will they have a vote because it's the City Council of San Antonio, elected by the people of San Antonio --

REPRESENTATIVE MENENDEZ: Who appoint --

REPRESENTATIVE MILLER: Who appoint SAWS, so they will have no more input other than a voice input. They won't have a vote input.

REPRESENTATIVE MENENDEZ: Well, they currently have input and they'll continue to have input because they're advisory committees that are set up.

REPRESENTATIVE MILLER: Not through their ballot.

REPRESENTATIVE MENENDEZ: Well, they cannot get involved on City Council when they appoint it but when the appointments were made, they're made by quadrants. I was on City Council when we provided the difficult into quadrants. Those quadrants take into account, areas that are in the outlying areas as far as wherever SAWS serves. So anybody from Bexar County that wants to apply can apply if they're in that quadrant.

REPRESENTATIVE MILLER: Right. But the point is, and we have had a lot of debate, hours and hours and hours of debate about people's right and their voting rights.

REPRESENTATIVE MENENDEZ: Yes, we have. Of the.

REPRESENTATIVE MILLER: On this floor, this Session.

REPRESENTATIVE MENENDEZ: Yes, we have.

REPRESENTATIVE MILLER: And I just want to make sure that everybody's clear what we're talking about is that people are going to vote to take that away and they're voting to give up their right. The Legislature is not taking it away from them?

REPRESENTATIVE MENENDEZ: Exactly. We as a legislative body, when we pass this bill, all we're saying is we're giving you the right to determine their future. You determine whether or not you want to continue down this path that has not worked for ten years or choose a different path. We're giving them the right. And let me tell you, I have a stack of e-mails and letters, mad as all get out because we are getting in their way. Who are we to not let them choose when they have friends and neighbors across the street who are paying less for their water? And Bexar Met continues to lose water supplies of inventory and provide more service.

REPRESENTATIVE MILLER: Let me ask you one more question about this because you made a statement a minute ago about let the people decide. Let me campaign.

REPRESENTATIVE MENENDEZ: Sure.

REPRESENTATIVE MILLER: Do you anticipate that SAWS will be campaigning or spending public money in this campaign?

REPRESENTATIVE MENENDEZ: I do not anticipate the City of San Antonio Water Systems would spend one penny on this campaign.

REPRESENTATIVE MILLER: You would be opposed to that?

REPRESENTATIVE MENENDEZ: I would be completely opposed to that.

REPRESENTATIVE MILLER: Very good.

REPRESENTATIVE MENENDEZ: I move that you vote no on the Amendment, especially since it's unconstitutional.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Villareal to close, to speak against the Amendment.

REPRESENTATIVE FARIAS: Mr. Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: Mr. Farias, for what purpose?

REPRESENTATIVE FARIAS: Is the Chair advised that there is a Point of Order that has been researched and vetted and it's being held by is what I'm hearing. Is that the case? We have been here till 1:00 o'clock last night. And if you're going to use it, would you please step up to the plate and use it. There's a lot of Members here that are very tired and exhausted.

SPEAKER OF THE HOUSE: The Chair is not advised.

REPRESENTATIVE FARIAS: I'll ask the gentleman the question myself then when he comes to the mic.

SPEAKER OF THE HOUSE: Members, the Chair recognizes Representative Larson.

REPRESENTATIVE LARSON: Members, this is a local issue and we hate to burden you with this, but I can tell you right now, I spent 16 years in local government and consistently people were focussed on the incompetencies that Bexar Met Water System has provided the citizens of Bexar County. We have on this particular Amendment, what you're trying to do is basically kill the bill. The reason being is there are bond indentures that the San Antonio Water System has put out with bond, spending up to $400 million on the south side of Bexar County. We've got to resolve this issue. The City Council of San Antonio, the Bexar County Commissioner's Court have the San Antonio Chamber of Commerce, all of the real estates groups that have had the frustration of the inability for Bexar Met to step up and provide an adequate water service. In my home I can tell you in 2007, I had to boil water. They didn't have the water. If it wasn't for the San Antonio Water System that had an interconnect on the north side of San Antonio to supply half of my county is in the Stone Oak area. We wouldn't have had water. They would it have to haul it in. So I can tell you that this is a disingenuous approach to create an issue between the rural faction and the urban action. We've got protections and we've spent years developing this legislation for the voters that are served outside of Bexar County. We've got a comply that is set up that will work directly with the San Antonio Water Systems Board and make sure that those voters are taken care of. percent of Bexar Met's customers are now using the San Antonio Water System for their waste water. So this isn't an issue that the representation. It's about trying to kill this bill. I respectfully ask for your consideration to vote down this Amendment and let's move forward and get this done. Thank you very much.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Garza to close.

REPRESENTATIVE GARZA: Members, I wanted to give the opportunity for my delegation to address the concerns. All Session long all I've heard from my representation and my delegation is about voter rights. Voter rights. Voter. Rights. Voter rights. Regulation without representation from my party. And now when it gets to the special interest of the local government or municipality wanting to control of the outer areas and not allowing them further representation, and that's all this bill is about, is I've got a half billion dollar company. I've got 44 percent have 38,000 households have close to 100,000 people that once this election is done, and it's a stacked election because they don't have the resources. They don't have the press. They don't have the money, and it's me, the rate payer. I'm a Bexar Met rate payer. And I lose my Water District. I lose my representation because I can't go campaign for something that's already mine. And I'm not going to return to my constituents and tell them that I gave their equity, their voting rights, away by not allowing an election that I agreed to be open and transparent on all aspects. You can go through my Amendments, and you can look at the seven things that I address that I just want dealt with responsibly, transparently, with accountability and openness, and that's what I ran my election on. I have been open. I have sent everything I had to everyone. The press, the chambers, the builders. And once they hear what I am standing for, they step back three steps and say, no, John, you've got to represent those things. So I am standing here alone, as far as my delegation, but I'm not standing alone. I am going to represent my constituents, and on the consensus that nothing is going to be considered, I will call a Point of Order.

(Point of Order)

SPEAKER OF THE HOUSE: The Chair recognizes Representative Larson.

REPRESENTATIVE LARSON: Thank you, Mr. Speaker. Members. I'm going to make a motion to postpone further consideration of Senate Bill 341 to a time certain being today, May 21st at 145 this afternoon as we research the various Point of Orders that have been brought up. Thank you.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out on second reading Senate Bill 889. The clerk will read the bill.

CLERK: SB 889 by Cornover relating to the security and interest in real property.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis of Harris.

REPRESENTATIVE DAVIS: Thank you, Mr. Speaker, and Members, this is a very unrelated bill and much less controversial. It is supported by the State Bar of Texas. It establishes a statute that when a deed of trust against real property is filed in a county deed record, a lien against the proceeds from the real property will automatically be established. It changes the requirement or any need for a separate securing agreement. And I move passage.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 889? Those in favor say aye. Those opposed nay. The ayes have it. Senate Bill 889 has pass the third reading. The Chair lays out on second reading Senate Bill 181. The clerk will read the bill.

CLERK: SB 181 by Sheffield relating to the water conservation measures to municipalities and water utilities.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Laudenberg.

REPRESENTATIVE LAUDENBERG: This is the Senate version of the bill we passed yesterday on the Texas Water Development Board Sunset Bill about water conservation and water use measurement.

SPEAKER OF THE HOUSE: The Amendment, the clerk will please read the Amendment.

CLERK: Amendment by Flynn.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Zedler.

REPRESENTATIVE ZEDLER: Mr. Speaker, Members, what this Amendment does, it is bracketed for Region D Water District only, and currently the Regional Water Planning Board designates representatives within the regional planning area to serve as a coordinating body. Right now they're unresponsive, so what this does is simply allow the water board or the Members.

SPEAKER OF THE HOUSE: Representative Flynn offers up an Amendment. The Amendment is acceptable to the author. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Laudenberg to close.

REPRESENTATIVE LAUDENBERG: I move passage.

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against Senate Bill 181? All those in favor say aye. Those opposed say nay. The ayes clearly have it. The bill passes the third reading. The Chair lays out Senate Bill 271. The clerk will please read the bill.

CLERK: SB 271 related to the Bexar Metropolitan Water District.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Larson.

REPRESENTATIVE LARSON: Thank you, Mr. Speaker. I'm going to move to postpone Senate Bill 271 to a time certain being Monday, May 23rd, 8:00 a.m.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection. The Chair hears none. So ordered. The Chair recognizes Representative Hunter for an announcement. Members, please pay attention to Mr. Hunter's announcement.

REPRESENTATIVE HUNTER: Mr. Speaker, Members, I request permission for the Committee on Calendars to meet at 1:00 p.m. today, May 21st, place 3W15 to consider a Calendar.

SPEAKER OF THE HOUSE: Members, you've heard the request for permission. Is there any objection? The Chair hears none. So ordered.

CLERK: The following announcement. The Committee on Calendars will meet at 1:00 p.m. on May 21, 2011. Room 34W15. This will be a formal meeting to consider a Calendar.

SPEAKER OF THE HOUSE: The Chair lays out Senate Bill 267 on second reading. The clerk will read the bill.

CLERK: SB 267 by relating to the transfer of a motor vehicle as a result of a gift.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Elkins.

REPRESENTATIVE ELKINS: Thank you, Mr. Speaker, Members. This bill, Senate Bill 267 it seems to stick the problem that several counties have identified with title companies, transfer companies, and it simply requires that they're abusing the Gift Tax. And it simply requires that if they're abusing the Gift Tax --

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against Senate Bill 267? All those oppose in favor say aye. Opposed say nay. The ayes have it. Senate Bill 267 is passed the third reading. The Chair lays out on second reading, Senate Bill 367. The clerk will please read the bill.

CLERK: SB 367 by Ogden relating to the review of the Attorney General of invoices for outside State agencies to outside state council.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Cook.

REPRESENTATIVE COOK: Thank you, Mr. Speaker. The office of the third parties and will process for reviewing and approving agencies requests to retain outside council and contract for the outside council. This bill codifies the OAD --

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 367? All those in favor say aye. Opposed say nay. The ayes have it. Senate Bill 367 has passed the third reading. The Chair lays out on second reading, Senate Bill 680. The clerk will read the bill.

CLERK: SB 680 by Gallego relating to the fees collected by a District clerk (inaudible).

SPEAKER OF THE HOUSE: Mrs. Davis of Harris.

REPRESENTATIVE DAVIS: Thank you, Mr. Speaker, Members. This is a Senate Bill --

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 680? All those in favor say aye. Opposed say nay. The ayes have it. Senate Bill 6680 has passed the third reading. The Chair lays out on second reading, Senate Bill 859. The clerk will please read the bill.

CLERK: SB 859 for a larger employer health group cooperative --

SPEAKER OF THE HOUSE: The Chair recognizes Smithee.

REPRESENTATIVE SMITHEE: Mr. Speaker, this bill allows sole proprietorship to participate in health cooperates. I move passage.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 859? All those in favor say a aye. Opposed nay. The ayes have it. The Chair lays out on passage and second reading Senate Bill 1167. The clerk will please read the bill.

CLERK: SB 1167 by Cornover relating to cemeteries and perpetual care cemetery preservations.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey to explain the bill.

REPRESENTATIVE VEASEY: I'm laying out this bill for Representative Hernandez-Luna, and it deals with perpetual care cemeteries, something that she worked with Senator Corona, and it's basically just a clean-up bill.

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against Senate Bill 1167? All those in favor say aye. Opposed nay. The ayes have it and Senate Bill 1167 has passed the third reading. The Chair lays out on second reading Senate Bill 29. The clerk will read the bill.

CLERK: SB 29, relating to the eligibility of certain fellows and graduates to participate in health benefit programs at public institutions of higher education.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Creighton.

REPRESENTATIVE CREIGHTON: Mr. Speaker, Members, I'm going to lay this out for Chairman Branch. Senate Bill 29 allows graduate and postgraduate students that receive prestigious fellowships to participate in health benefit programs --

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against Senate Bill 29? All those in favor say aye. Opposed say nay. The ayes have it. Senate Bill 29 is passed the third reading. Members, please pay attention. We're on Page 2 of your Calendar, and we are moving through second readings. So if you have a bill on Page 2, 3, or 4, pay attention have we may get to you sooner than you think. The Chair lays out on second reading, Senate Bill 385. The clerk will read the bill.

CLERK: SB 385 by Williams relating to the creation of an Alternative Fuel Program to be funded by the Texas Commissions Reduction Plan Funds.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Chisum.

REPRESENTATIVE CHISUM: Mr. Speaker, Members, this bill just allows certain funds to set up the infrastructure for natural gas refueling vehicles across the State of Texas. I believe we have an Amendment.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 385? All those in favor say aye. Opposed nay. The ayes have it and Senate Bill 385 has passed to third reading. The Chair lays out on second reading Senate Bill 1000. The clerk will please read the bill.

CLERK: SB 1000 relating to the semi-independent start --

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Geren.

REPRESENTATIVE GEREN: Thank you, Mr. Speaker, Members, (inaudible). The bill has the positive fiscal note and the Commission will continue to remit moneys to the general revenue now.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 1000? All those in favor say aye. Those opposed nay. The ayes have it. Senate Bill 1,000 had has passed the third reading. The Chair lays out on second reading Senate Bill 830. The clerk will read the bill.

CLERK: SB 830 relating to certain requirements by the arrangement of businesses.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Chisum.

REPRESENTATIVE CHISUM: Mr. Speaker, Members, this relates to notification for SOBs.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against 830? The question occurs on passage of the bill. The question occurs on the question of Senate Bill 830. All those opposed say aye. Opposed say nay. The ayes have it. Senate Bill 1030 is passed the third reading. The Chair lays out Senate Bill 1035 on second reading. The clerk will please read the bill.

CLERK: SB 1035 by Williams relating to moving vehicles with certain penalties.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Harless.

REPRESENTATIVE HARLESS: Thank you, Mr. Speaker, Members. Vehicle title services facilitate vehicle registration entitling and transactions for customers.

SPEAKER OF THE HOUSE: Amendment. The clerk will read the Amendment.

CLERK: Amendment by Harless.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Harless.

REPRESENTATIVE HARLESS: Mr. Speaker, Members, this deals with easily fabricated titles of driver's license and valid identification.

SPEAKER OF THE HOUSE: Mr. Harless offers up an Amendment. The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted. Representative Harless moves passage on Senate Bill 1035. All those in favor say aye. Those opposed say nay. The ayes have it. Senate Bill 1035 has passed third reading. The Chair lays out on second reading Senate Bill 1124. The clerk will had read the bill.

CLERK: SB 1124 relating to the regulations for improvement of residential mortgages pursuant to Texas Security Enforcement of the Mortgage Lending Act of --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.

REPRESENTATIVE TRUITT: Thank you, Mr. Speaker, Members. This bill simply updates the residential --

SPEAKER OF THE HOUSE: The Amendment. The clerk will read the Amendment.

CLERK: The Amendment by Truitt.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.

REPRESENTATIVE TRUITT: This simply allows the Financial Commission to exempt cities, counties, community development corporations --

SPEAKER OF THE HOUSE: The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Amendment's adopted. Is there anyone else wishing to speak for or against Senate Bill 114? All those in favor say aye. All those opposed say nay. The ayes have it. And Senate Bill 1124 is passed the third reading. The Chair lays out on second reading Senate Bill 1534. The clerk will read the bill.

CLERK: Senate Bill 1534 --

SPEAKER OF THE HOUSE: Recognize Mr. Davis of Harris.

REPRESENTATIVE DAVIS: Mr. Speaker, Members, this bill is relating to certain operations --

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against Senate Bill 1534? All those in favor say aye. All those opposed say nay. The ayes have it. Senate Bill 1354 has passed third reading. The Chair lays out on second reading Senate Bill 1732. The clerk will please read the bill.

CLERK: Senate Bill 1732 relating to authorizing the general scholarship --

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Guillen.

REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker, Senate Bill 1732 recognizes the Attorney General's Office to own and operate close exchanges on military property and use the revenues for state military operations. Move passage.

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against Senate Bill 1732? All those in favor say aye. Opposed say nay. Senate Bill 1732 has passed the third reading. The Chair lays out on second reading, Senate Bill 1010. The clerk will read the bill.

CLERK: SB 1010 relating to providing the victim guarding to the deceased notice of plea bargain in certain criminal cases.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Workman.

REPRESENTATIVE WORKMAN: Members, this bill provides victim notification, and there are a couple of Amendments.

SPEAKER OF THE HOUSE: Mr. Castro.

REPRESENTATIVE CASTRO: I'll let them lay out the Amendments.

SPEAKER OF THE HOUSE: Thank you very much. The Amendment. The clerk will read the Amendment.

CLERK: Amendment by Workman.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Workman.

REPRESENTATIVE WORKMAN: This Amendment provides for a victim or the victim's guardian to be able to make a statement to the court that could be read aloud. I move passage.

SPEAKER OF THE HOUSE: Mr. Workman offers up an Amendment. Is there an objection? The Chair hears none. So ordered. The following Amendment. The clerk will read the Amendment.

CLERK: Amendment by Lucio.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Lucio to explain his Amendment.

REPRESENTATIVE LUCIO: Thank you, Mr. Speaker, Members. What this Amendment will do is very similar to a bill I had, and I want to thank you Representative Workman for assisting me with this. Basically, if a police officer is killed in the line of duty, if there is a plea bargain agreement, the District Attorney's Office will notify the family and allow the family member in open court to make a statement regarding just their situation or their thoughts on that plea bargain agreement. And I think this is very much like the bill in its entirety. It's a little broader, when it basically allows the victim to go to court when there's a plea bargain agreement, I understand sometimes that has to be the case given a D.A.'s ability to prosecute, but it allows that victim to have some say or allow at least to make a statement regarding the plea bargain agreement, and I think it's acceptable to the author.

SPEAKER OF THE HOUSE: Mr. Lucio offers up an Amendment. The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted. The Chair recognizes Mr. Workman to close on his bill.

REPRESENTATIVE LUCIO: Members, I move passage.

REPRESENTATIVE CASTRO: Mr. Speaker.

SPEAKER OF THE HOUSE: Yes, Mr. Castro, would you like the gentleman to yield?

REPRESENTATIVE CASTRO: Certainly.

SPEAKER OF THE HOUSE: The gentleman yields.

REPRESENTATIVE CASTRO: Now that the Amendment is placed on the bill and the bill is in final form can you explain exactly who's going to be notified and in which types of cases the victim or their victims families will be notified?

REPRESENTATIVE WORKMAN: Certainly. This is strictly for plea bargains and it requires that -- gives an expressed duty to the prosecutor to provide notice to the victim before the presentation of the plea deal to the court for acceptance. And then the Amendment gives the right of the victim or the guardian of the victim in the case of a did he cased victim, the ability to issue a statement.

REPRESENTATIVE CASTRO: And is it in every kind of case where there's -- for example, in DWI cases you may have a plea bargain. In theft cases. In all sorts of different kind of cases besides, say, murder cases or sexual assault cases. So your bill, is it very broad and deals with every kind of case or is it more narrow and it just deals with certain kind of cases?

REPRESENTATIVE WORKMAN: No. It's my understanding that it would cover all kind of cases in which a play bargain is offered up.

REPRESENTATIVE CASTRO: All cases?

REPRESENTATIVE WORKMAN: That's my understanding.

REPRESENTATIVE CASTRO: Okay. And then a few questions about the process, then. So they're notified. Does the bill stipulate then that the folks that are notified who are ostensibly relatives of the victim -- can they go into court formally and make a statement or are they just notified so they'll know about it? I mean, what's the remainder of the process there?

REPRESENTATIVE WORKMAN: The original bill is simply that they were notified prior to the plea bargain being laid out to the court. My Amendment and Representative Lucio's Amendment then goes further and says now the victim or the victims family can issue a statement and ask that that statement be read in the court at the plea bargain when they lay the plea bargain out.

REPRESENTATIVE CASTRO: Okay. Were the prosecutors and the defense attorneys -- did you get agreement from both those groups on the legislation?

REPRESENTATIVE WORKMAN: This is a bill that came over from Senator Huffman and she's the one that carried the bill initially. I can't answer specifically as to what she got by off on. But it passed out of all the committees. I don't think, with no opposition.

REPRESENTATIVE CASTRO: Okay. And I respect the legislative intent I think Representative Lucio added a very good Amendment. I just think that if it applies too every single incident, where there may be a plea bargain, that's very, very broad insurance company understand it on some kind of offenses, obviously, murder, sexual assault, but every single plea bargain that's done, there's a chance that you're going to slow down the processes a great bit.

REPRESENTATIVE WORKMAN: I understand. But I didn't see anything in the bill that limited the types of cases.

REPRESENTATIVE CASTRO: Okay. Thank you.

REPRESENTATIVE WORKMAN: Move passage.

REPRESENTATIVE ALVARADO: Mr. Speaker.

SPEAKER OF THE HOUSE: I'm sorry. Alvarado.

REPRESENTATIVE CARTER: Will the gentleman yield?

SPEAKER OF THE HOUSE: Does the gentleman yield?

REPRESENTATIVE WORKMAN: Okay. I stand corrected on the types of cases. It would only be a victim of the sexual assault, kidnapping, aggravated robbery, trafficking and injury to a child or elderly, I'm sorry or disabled individuals. Yes, ma'am.

REPRESENTATIVE CARTER: First to clarify, you said only to clarify, what is the it part? What's the entity?

REPRESENTATIVE WORKMAN: Defined in Section 56.01 of the code of criminal procedure.

REPRESENTATIVE CARTER: I'm sorry. Are you talking about the oral statement? What are you talking about?

REPRESENTATIVE WORKMAN: It's the definition of a victim in that Criminal Prosection Code, Procedure Code.

REPRESENTATIVE CARTER: Okay. Well, my question has to do with the Amendment. The Amendment applies only to the family members of a peace officer, correct?

REPRESENTATIVE WORKMAN: That's Representative Lucio's Amendment. Mine applies to any victim of one of these crimes.

REPRESENTATIVE CARTER: Okay. Mr. Speaker, may I please ask the question of Mr. Lucio.

SPEAKER OF THE HOUSE: Absolutely. The Chair recognizes Mr. Lucio.

REPRESENTATIVE CARTER: Thank you, Mr. Lucio, my question is about your Amendment. I think it's a great Amendment. I support your Amendment.

REPRESENTATIVE LUCIO: Thank you.

REPRESENTATIVE CARTER: My only concern is that under your Amendment, a victim has a family member who is a peace officer who died. That victim gets to make an oral statement, which is a great thing, I think, but unfortunately under your Amendment that victim also gets to be cross-examined by the defense counsel or the defendant. And so my question is: Would you be willing to accept an Amendment on third reading that would work with that language to make sure that the victims aren't overly examined when they've already gone through so much?

REPRESENTATIVE LUCIO: Absolutely. It will give me some time. If you don't mind that we do it on third reading, to do a few things. One, this might be language that was compromised language between defense counsel, so on and so forth. And two, there may be some Constitutionality issues. So if they're going to make a statement, I think they may subject themselves to Cross-Examination. But if you'll give me that time between now and third reading, which I believe will be on Monday, I can have that answer. And if there's not an issue, I'll accept your Amendment.

REPRESENTATIVE CARTER: I appreciate that. Let me just follow up to your comment.

REPRESENTATIVE LUCIO: Yes.

REPRESENTATIVE CARTER: And I'm sorry. I'm just now casting this. But is the oral statement coming after the guilt, innocence and before punishment or after punishment?

REPRESENTATIVE LUCIO: As you know, these cases are going to be felony cases. So you have your guilt, innocence phase, and then you have your sentencing phase. It will be after guilt innocence is established. And most times there is what's called like a report given by the probation office, and I forget the name of the report. That report is produced and compiled after the guilt innocence phase. So before a judge makes a determination of the sentencing, they have to have a certain amount of time to allow the probation office to put that report together to give to the judge so that he or she has a full understanding of the case. This will be made after the plea bargain is entered into with the judge so that they have a determination of what they want to do for the punishment stage, which is stage two.

REPRESENTATIVE CARTER: Right. Okay. And then I'm sorry. I don't know this, but did victims testify in favor of this line?

REPRESENTATIVE LUCIO: Yes. I mean, employers organizations support this. They testified on behalf of my bill have they were there to discuss that oftentimes, because of lack of sufficient evidence, to make a case very difficult, to prosecute. Sometimes plea bargains have to be entered into so that at least they have some type of conviction. But it's very hard for families or vehicle Tim's or you know, victims as defined as the loved ones who are left behind. And the case of mine. And to be able to have some closure F so them provide some closure for them to be able to participate in the process. Essentially there was no trial. There was a plea bargain.

REPRESENTATIVE CARTER: Mr. Lucio, I support this Amendment, but my question was not whether law enforcements supports the idea of having a victim cross examined. The last thing I want is the wife of a fallen police officer to get on the stand and say, oh, my God, I can't believe that this guy did it. And there's some factor dispute that comes after the defense innocence stage and then the defense attorney gets up there and says pound, pound, let me ask you a million questions. I know that's not the intent.

REPRESENTATIVE LUCIO: There will be no discussion regarding the facts after the guilt, innocence stage, after the fact is strictly a statement made by the family, and they're allowed to ask clarifying questions. But there's constitutionality when it comes to allowing a victim to testify -- to testify, essentially and then for that testimony to have weight in the punishment stage of the file. I guess, not a trial but of the proceedings. So that's why, I too, understand your sentiment in not wanting to allow a victim to have to go through that Cross-Examination. But essentially of the proceedings in order to get the second stage complete, which is punishment. If they so choose to make a statement, and they don't have to. This isn't required in order for the proceedings to commence, but it's an opportunity. But if they take that opportunity and they make a statement, then some Constitutionality issues may arise that allow defense counsel to have an opportunity to did he, to clarify some of the statements made.

REPRESENTATIVE CARTER: Representative Lucio, I don't know there's a constitutional issue --

REPRESENTATIVE LUCIO: There's also an opportunity for them to just read a statement. But if they them selves want to go to court, be there live, testify live, then they may subject themselves to some clarifying questions on behalf of defense counsel.

REPRESENTATIVE CARTER: I understand what the bill says. Believe me, I do, as a former prosecutor, I understand. And I understand. We dealt with this in Criminal Juris Prudence, but he we worked on some language that was, I think more beneficial, more favorable to the victims with regard to oral statements and other legislation, and I'd just like to work with you to try to ensure that victims are not harmed during the Cross-Examination process, post guilt, innocence phase.

REPRESENTATIVE LUCIO: I agree with you and I'll work with you and I'm just worried about Constitutionality. I understand and we talked about that in Committee, too. Thank you, Representative Lucio. I do think this is a good Amendment and I support it.

REPRESENTATIVE CASTRO: I have one more question.

SPEAKER OF THE HOUSE: Mr. Sheffield raises the Point of Order. The time has expired. It's well taken and sustained.

SPEAKER OF THE HOUSE: Members, it's 1:44. Mr. Eiland as given us the one-hour notice.

REPRESENTATIVE LUCIO: If we're still here, I'll ask you to suspend so we don't have to wait around.

SPEAKER OF THE HOUSE: Unfortunately we'll probably still be here. The Chair lays out 1020. The clerk will reads the bill.

CLERK: SB 1020 by Rodriguez, relating to the fees a Dallas school of the --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Marquez.

REPRESENTATIVE MARQUEZ: Thank you, Mr. Speaker. Members, SB 1020 also came out House Bill of 920, both in the Calendar and Committee. It amends current law to direct the Texas Higher Education Learning Educational Board --

SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against Senate Bill 1020. All though those in favor say aye. Opposed nay. Senate Bill 1020 has passed third reading. The Chair lays out on second reading. Second Senate Bill 249. The clerk will read the bill.

CLERK: SB 249 relating to the composition of the finance Committee of Texas.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Orr.

REPRESENTATIVE ORR: Mr. Speaker, this bill would appoint one additional planning director and one additional citizen into the Finance Commission.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against Senate Bill 249? All those in favor say aye. Those opposed say nay. The ayes have it and Senate Bill 249 has passed third reading. The Chair lays out Senate Bill 594.

CLERK: SB 594 relating to certain applicable electronic --

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Zerwas to explain.

REPRESENTATIVE ZERWAS: Thank you, Mr. Speaker and Members. Senate Bill 594 advises Texas statutes to accommodate the Drug Enforcement Agency to approve process for electronic prescribing for Schedule II Controlled Substances --

SPEAKER OF THE HOUSE: The Chair lays out the Amendment. The clerk will read the Amendment.

CLERK: Amendment by Zerwas.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Zerwas.

REPRESENTATIVE ZERWAS: Thank you, Mr. Speaker. This makes some changes to the Texas.

SPEAKER OF THE HOUSE: Mr. Zerwas offers up an Amendment. The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Amendment's adopted. Is there anyone else wishing to, for or against Senate Bill 594 all those in favor say aye. Opposed nay. The ayes have it and Senate Bill 194 has passed third reading. Finally passed the third reading. The Chair lays out on second reading Senate Bill 762. The clerk will read the bill.

CLERK: SB 762 by Corona relating to the --

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Paxton to explain.

REPRESENTATIVE PAXTON: Mr. Speaker, this is simple fee structure for property tax lenders, and I have an Amendment.

SPEAKER OF THE HOUSE: The following Amendment. The clerk will please read us the Amendment.

CLERK: Amendment by Paxton.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Paxton.

REPRESENTATIVE PAXTON: This bill also provides further homeowner protection and this was --

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or against the Paxton Amendment? Yes, Mr. Paxton, Mr. Hartnett would ask you to yield for a question. Would you yield for that question?

REPRESENTATIVE PAXTON: Yes.

SPEAKER OF THE HOUSE: Mr. Hartnett would you get to the back mic.

REPRESENTATIVE HARTNETT: Ken, could you explain this Amendment again, please. I didn't have time to read it.

REPRESENTATIVE PAXTON: It was supposed to be part of the substitute. These were actually left out. They add some homeowners for Texans to people that are taking out property tax loans, such as a right of rescission. It outlaws pre-payment penalties, and it also had caps installment payment interest for people taking out loans.

REPRESENTATIVE HARTNETT: What was that about instatement interest?

REPRESENTATIVE PAXTON: It just caps how much the property tax lenders can charge interest.

REPRESENTATIVE HARTNETT: How much the lien holders can charge?

REPRESENTATIVE PAXTON: The property tax lender can only charge up to five percent or $0.05 on a dollar, but caps how much they can charge.

REPRESENTATIVE HARTNETT: So this is an interest rate cap?

REPRESENTATIVE PAXTON: Well, just on instatement loans.

SPEAKER OF THE HOUSE: The Amendment. The clerk will please read the Amendment.

CLERK: Amendment by Solomons.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Solomons.

REPRESENTATIVE SOLOMONS: Thank you, thank you, Mr. Speaker and Members. This Amendment is asking the Finance Commission to conduct a study regarding the fees, costs, interests and other expenses charged to property owners by property tax lenders in conjunction with the transfer of property tax liens and the pay off of loans secured by property tax liens. And the reports will be due by June 1, 120. And the issue is really trying to get a handle on the fees, the interests of all the aspects of these loans and try to get back with practice. Because I think there's going to be a request for an interim charge. I'd like them to get back with the study on kind of a collective issue on these various fees and interests and charges. So you can go into an interim study in could be junction with that and hopefully, if the Legislature needs to do anything next Session, we'll have a better idea of just what we're trying to do on these tax lien loans. Because I think the bill that Mr. Paxton has is an improvement, but we need to make sure what we're doing. And I think the going to take legislation next Session to try to round off the edges of it. So I don't know if it's acceptable to the author not but --

SPEAKER OF THE HOUSE: Mr. Solomons offers up an Amendment that's acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted. The ayes have it. The Chair lays out the Senate Bill 7362 has passed third reading. There's an Amendment have the Chair lays out the Amendment.

CLERK: Amendment by Hancock. Senate Bill 425.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Hancock.

REPRESENTATIVE HANCOCK: The Amendment provides some clarification to the legislation in order to withdrawing approval may not become effective until the 30th day, after the day of the order. The second change just replaces the does with the shall. The allege the last counsel does.

SPEAKER OF THE HOUSE: Mr. Hancock offers up an Amendment. The Amendment is acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted.

REPRESENTATIVE KING: Will the gentlemen yield for some questions on legislative intent?

SPEAKER OF THE HOUSE: Mr. King didn't cover it?

REPRESENTATIVE HANCOCK: He didn't cover mine.

SPEAKER OF THE HOUSE: Mr. Hancock, are you willing to yield?

REPRESENTATIVE HANCOCK: I will yield.

REPRESENTATIVE KING: Mr. Hancock, is it in your intent to reveal in any way the reliance of a certificate holder in any way to --

REPRESENTATIVE HANCOCK: I think a lot of the questions we addressed a lot of those concerns. I don't know what other issues you may have in this regard.

REPRESENTATIVE KING: Well, as a contractor, we get snippets of insurance, we need to be able to rely on that. My question to you is: Does the bill in any way reduce my ability to rely on the information that's operate the Certificate of Insurance?

REPRESENTATIVE HANCOCK: No. In fact, let me help you out. ADC is actually vetted this bill. They testified for the bill, is I don't know if there's any shall personal issues with it, but they've already looked at this and we've addressed their concerns.

REPRESENTATIVE KING: I understand ADC has looked at it but I still have some questions about it.

REPRESENTATIVE HANCOCK: Right. I understand you may have some personal issues that weren't addressed by ADC.

REPRESENTATIVE KING: The second question is: Is it your intent with this bill to reduce any way the responsibilities of an agent or insurer as it relates to the Certificate of Insurance?

REPRESENTATIVE HANCOCK: No. I don't think so. I think that's clear in the bill shall as well.

REPRESENTATIVE KING: Is it your intent with this bill to reduce in any way the responsibility of the insurer to notify certificate holders of a change or cancellation of a policy?

REPRESENTATIVE HANCOCK: I don't think the bill does anything in that regard.

REPRESENTATIVE KING: Is it your intent with this bill to reduce in any way a penalty that can be assessed against an insurer who willfully issues a false or fraudulent Certificate of Insurance?

REPRESENTATIVE HANCOCK: We don't address that at all in this bill.

REPRESENTATIVE KING: Mr. Speaker, I'd ask that the comments be reduced to writing and placed in the journal.

SPEAKER OF THE HOUSE: We've got it. Anyone have any objection to putting all this stuff in the journal? SPEAKER OF THE HOUSE: So ordered.

REPRESENTATIVE EISLER: Mr. Speaker, would the gentleman yield?

SPEAKER OF THE HOUSE: The gentleman yields.

REPRESENTATIVE EISLER: I understand the question that Mr. Workman was asking but I don't understand the question or the issue with Mr. King and the reason for you all's prearranged because I don't remember those issues coming up in Committee.

REPRESENTATIVE HANCOCK: Right. We really didn't have anything come up in Committee, but I think Mr. Workman showed concern. I don't know anybody else that really showed concern. And so we were trying to clarify, as far as I know, for one individual.

REPRESENTATIVE EISLER: Because we were basically trying to standardize Certificates of Insurance.

REPRESENTATIVE HANCOCK: Right. This was agreed upon. It voted out of Committee, and I'm not sure what the issue may be.

REPRESENTATIVE EISLER: Move passage.

SPEAKER OF THE HOUSE: Is there anyone else wishing to speak for or create anymore legislative intent on Senate Bill 425? All those in favor say aye. All those opposed say nay. The ayes have it. Senate Bill 425 has passed the third reading. The Chair lays out as a matter of postponed business Senate Bill 341. The clerk will please read the bill.

CLERK: Senate Bill 341 relating to the appointment of a conservator and authorizing the dissolution of the Bexar Metropolitan Water District.

(Point of Order)

SPEAKER OF THE HOUSE: Members, we're now at the moment of Mr. Garza's Amendment. Mr. Garza is now closing on the Garza Amendment to the Menendez bill.

REPRESENTATIVE GARZA: Members, when I was in Business and Industry, Land and Resource and Management, I've been consistent in that I've continually remain additional regulations for municipalities and counties on outlying county areas. So again, I'm going to come before you in the strength of what is truth, is that this is a defending of rural rate payers from regulation without representation. Help me defend rural rate fares from regulation without representation in protecting their water rights vote no on SB 341 on this Amendment would help perfect it. There's a Senate Bill 271 which reforms this District without violating rural rate payers property rights and voter rights. That was postponed. That's an excellent bill to do what needs to be done. I want to thank you all for doing what's put on you. I have the San Antonio Tea Party's support on this. I have the South Bexar County Tea Party's and you see the letter of support that I have in preventing the protection of these regulations without representations. And, again, this is about the city against rural. It's not a local issue. So I ask you to vote against -- are we voting against tabling or for the Amendment? We want to vote for the Amendment, Jose.

SPEAKER OF THE HOUSE: Representative Garza offers up an Amendments. Mr. Menendez is opposed to it. Division vote. Show Mr. Garza voting aye. Mr. Menendez voting no. And Mr. Larson voting no. Ms. McClendon voting no. Have all voted? Have all voted? There being 35 ayes and 83 nays, the Amendment fails to adopt. Members, the Amendments are being scanned.

REPRESENTATIVE LUCIO: Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry.

REPRESENTATIVE LUCIO: Given the goodwill and the corporation that Representative Menendez is showing in his proposal, I think it's a great idea. Would the Speaker recognize me that we pass all remaining bills on the Calendar and let the Governor just veto the one he wants?

SPEAKER OF THE HOUSE: Not at this time but thank you. Members, anyone wishing to speak on, for or against the bill? The Chair recognizes Representative Garza to speak on the bill.

REPRESENTATIVE GARZA: Members, again, I want to thank you so much for this Session. It has been a tremendous experience for me with all the help and all the good feelings that we've had from all you Members on our office in working with our staff. So I just want to thank you for your time this Session with me in helping me along. This is a new experience for me and it's been overwhelming in some cases. But in this bill, I thank you Representative Jose Menendez for accepting the other Amendments. I think the most important one, of course, is I want to thank you Trey Fischer and the whole delegation. But I'm going to have to rely like Trey says so many times, there's going to be folks defending these voting rights. And if it has to go to the courts, I was trying to prevent the amount of money that was going to be put on both SAWS and the rate payers, and Bexar met. But I will accept the seven Amendments. But I will still is ask you to vote no on this bill and the one that's coming in that will reform this body, vote yes on that Senate Bill. So I'll ask you to support me in voting no on SB 341. I thank you for your time.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Menendez.

REPRESENTATIVE LUCIO: Mr. Speaker, Members, I'm dismayed. I'm shocked that my good friend, John Garza, after I've taken all the Amendments is still going to vote and speak against this bill. John, it's okay Buddy. It's okay. I move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to engrossment of Senate Bill 341. All those in favor say -- I'm sorry. A record vote has been requested. A record vote is granted. The clerk will ring the bell. Show represent Marquez voting aye. Show Representative Riddle voting aye. Show Representative Todd Smith voting aye. Have all voted? There being 102 ayes and 29 nays, Senate Bill 341 has passed engrossment. The bills have been signed in the presence of the House.

CLERK: SB 27, 82, 101, 179, 191, 199, 227 283, 324, 373, 412, 434, 470, 485, 490, 493, 508, 510, 524, 544, 579, 580, 587, 613, 633, 710, 778, 866. 880, 888, 990, 1008, 1065, 1100, 1132, 1184. 1197. 1243. 1291. 1377. 1518. 1618. 1630. 1635. 1661. 1739. 1882. 1395. 1922. SJR 5, SJR ten, SJR 18, SJR 39 and SJR 55.

SPEAKER OF THE HOUSE: The follow business, Senate Bill 377. The clerk will read the bill.

CLERK: Senate Bill 377 by Huffman relating to the murder of a child that's a capital offense.

SPEAKER OF THE HOUSE: Excuse Representative Villareal because of family illness on the motion of Representative Menendez. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Riddle.

REPRESENTATIVE RIDDLE: Thank you, Mr. Speaker and Members. Under current law if you murder a child younger than six years of age, meaning five or younger, then that can be a capital offense. All this bill does is change that age to ten, but if the child is from 0 to 9, and they are in fact, murdered, serious offense to one of our Texas babies. Then that would be a Capitol offense. Our No. One Priority is to take care of our children.

REPRESENTATIVE CASTRO: Mr. Speaker. Would the gentlelady yield?

SPEAKER OF THE HOUSE: Would the lady yield?

REPRESENTATIVE RIDDLE: Of course, I would.

REPRESENTATIVE CASTRO: Thank you very much. I just have a few questions about the bill and about the death penalties of course, this is an expansion of the death penalty. Do you agree with that? In other words, there may be more people who now qualify to be put to death in Texas because of Legislature that you're passing? Do you agree with that?

REPRESENTATIVE RIDDLE: If that were the judgment, but even without this, if someone goes and it is a capital offense, we can't predict how many will be convicted and how many will not be. But what this does do, sir, is it sends a message across this State to people who would, in fact, murder, intentionally murder one of our Texas children that are basically helpless between the age of 0 and 9. There's not much a child can do.

REPRESENTATIVE CASTRO: So you said that it sends a message to people who would murder a Texas child how do you believe that it sends that message to them?

REPRESENTATIVE RIDDLE: Well, that we take that very seriously, and it would not necessarily be the death penalty. They might get life without parole.

REPRESENTATIVE CASTRO: Do you think that they're going to read the Legislative Journal before we go out and murder someone?

REPRESENTATIVE RIDDLE: I tend to doubt it.

REPRESENTATIVE CASTRO: Okay. Well, let me ask you a few questions. Do you know how many people were put to death in Texas last year? I mean, you're proposing a reform. You're potentially increasing the number of people who will be put to death in Texas. So -- Mr. Speaker, can we get a little order in the Chamber?

SPEAKER OF THE HOUSE: Members, could you take your conversations outside the rail.

REPRESENTATIVE CASTRO: Did you know how many people were put to death last year in Texas?

REPRESENTATIVE RIDDLE: No. But I suspect you'll tell me.

REPRESENTATIVE CASTRO: Do you know how many people have been put to death in Texas, period, since the death penalty was restarted in 1982?

REPRESENTATIVE RIDDLE: Well, since oppose the death penalty, I suspect that --

REPRESENTATIVE CASTRO: That's not been my position. I'm just asking you whether you know basic information about a bill that deals with a major issue in the state.

REPRESENTATIVE RIDDLE: Yes, sir. I have basic information and I have information regarding this bill. As far as the statistics about how many --

REPRESENTATIVE CASTRO: Well, then, how many people were put to death last year? That's a basic piece of information on a major issue that you're carrying? How many people were put to death last year in Texas?

REPRESENTATIVE RIDDLE: Well, that is not.

REPRESENTATIVE CASTRO: 17. There have been 466 people put to death in Texas under the capital offense or death penalties statute since 1982.

REPRESENTATIVE RIDDLE: And you have a problem with that.

REPRESENTATIVE CASTRO: No, I didn't make -- I'm asking you, I think part of the problem in this Chairman is that people bring forward legislation without knowing basic facts and basic information and you are part of that trend, apparently.

REPRESENTATIVE RIDDLE: And your point is?

REPRESENTATIVE CASTRO: Well, let me ask you something else.

REPRESENTATIVE RIDDLE: Okay.

REPRESENTATIVE CASTRO: Do you have any idea now that we're lowering the age from or actually increasing the age from 5 to 9? That we have an estimate of how many people have committed offenses against children or murder period children in that age range that would qualify under the statute that you're passing?

REPRESENTATIVE RIDDLE: I think that it might take a crystal ball to see what would happen in the future with that. I don't think that if you'd look at current history, it's going to be a significant amount of people. But whether it's significant or not does not change the fact that if someone is going to murder an innocent, helpless child, I think most of the people of Texas, most reasonable people of Texas, would think that they should get -- that they should be punished to the full extent of the law.

REPRESENTATIVE CASTRO: And you've made the argument. I think what's most disturbing is that somebody can come in and propose major legislation on a very -- on what say controversial issue, aside from the death penalties, but the issue of exonerations and the fact that there have been several folks exonerated over the years and not know basic information about his or her own bill have that's what's especially disturbing to me, whatever the subject matter when there's been a debate over Capitol punishment and you want to expand Capitol punishment without knowing much about it. I mean that's quite disappointing, Representative Riddle, but thank you for your time and thank you for trying to answer my question.

REPRESENTATIVE LUCIO: Well, thank you.

SPEAKER OF THE HOUSE: Mr. Burnam, for what purpose?

REPRESENTATIVE BURNAM: Mr. Speaker, would the lady yield for a number of questions?

SPEAKER OF THE HOUSE: Will the lady yield?

REPRESENTATIVE RIDDLE: Of course for my friend Lon, yes.

REPRESENTATIVE BURNAM: Thank you. You are aware, aren't you, that there have already been in excess of 40 exonerations because of the fundamental clause in our criminal justice system here in Texas in recent years?

REPRESENTATIVE RIDDLE: Uh-huh.

REPRESENTATIVE BURNAM: And you are aware that several of those exonerations were from people that were on death row at the time?

REPRESENTATIVE RIDDLE: Uh-huh.

REPRESENTATIVE BURNAM: You describe yourself as pro-life in a political and philosophical standpoint, don't you?

REPRESENTATIVE RIDDLE: Yes. Because I think that when we're talking about children that are not yet --

REPRESENTATIVE BURNAM: I mean life in general. Children are not the issue as far as I'm concerned. The question I'm asking you about is do you generally describe yourself as pro-life? Is that not correct?

REPRESENTATIVE RIDDLE: Yes, sir. I value life. I think that God values life.

REPRESENTATIVE BURNAM: I think God values life, too. My question that I'm trying to get to is: How do we as a state institution decide which life has more value than another human life?

REPRESENTATIVE RIDDLE: Well, first of all, this is not the only punishment in a capital offense. They can receive life without parole or, in fact, the death penalty.

REPRESENTATIVE BURNAM: Well, but you've already admitted that the legal effect --

REPRESENTATIVE RIDDLE: But you need to understand --

REPRESENTATIVE BURNAM: Well, let me ask the question.

REPRESENTATIVE RIDDLE: May I finish answering the question?

REPRESENTATIVE BURNAM: You've already answered the question. Could you tell me whether or not there's any useful or practical purpose for this law other than to expand the range of people that are eligible for execution in this State?

REPRESENTATIVE RIDDLE: Yes. Because we have laws for few reasons. One is for punishment to show you committed this crime and because you committed this crime, this is the punishment under the law. The other reason that we have it is for deterrence. And I think --

REPRESENTATIVE BURNAM: Ms. Riddle, are you aware that there's absolutely no physical data to suggest that there is any deterrent to determining the death penalty? In fact, this State is one of the most violent and it, in fact, executes more per capita than any other governmental entity in the world?

REPRESENTATIVE RIDDLE: Well, you asked me a moment ago about valuing the life, and when we're looking at an individual that would murder a child, I'm saying that that child's life has value, as well.

REPRESENTATIVE BURNAM: Well, yes, and we have --

REPRESENTATIVE RIDDLE: AND that is why we have --

REPRESENTATIVE BURNAM: And that is whey we have a punishment for any murder. And, in fact, all this bill effectively does is expand -- you've done this before, isn't it true? Didn't you bring legislation to us before to set one age range and now you're bringing another piece of legislation to expand that age range to a larger population? In fact, isn't this really just politically --

REPRESENTATIVE RIDDLE: The two bills went over different things.

REPRESENTATIVE BURNAM: It doesn't have a practical impact but that most D.A.s in the state have discovered having the life sentence without parole is the cheaper route? And so most D.A.s, in fact, no longer in this state are no longer pursuing the death penalty? So really this is just kind of responding to some sort of phobic response to the need to be punitive and not necessarily doing anything as far as looking at the overall impact of increasing the range in which the State involved itself in committing murder?

SPEAKER OF THE HOUSE: Representative Sheffield raises the Point of Order. The lady's time has expired. The following Amendment. The clerk will read the Amendment.

CLERK: Amendment by Dutton.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Dutton.

REPRESENTATIVE DUTTON: Mr. Speaker and Members, this is really fateful because I didn't plan this, but this is the daughter, the 14-month old daughter of my staffers, and she came down to take a picture awhile ago, and now I can't find the staffer. So I've become the baby-sitter. And it's just appropriate that it's on this Amendment. One of arguably the worst crimes in our society is murder, and one of the worst of the worst to apply that to from people who murder a child. And how somebody could do that is beyond, I think most of us and our ability to comprehend. But even at that, my Amendment talks about not just a child in terms of age, but a child who is disabled. And the Section that I'm amending is 2903, and in that Section, let me read what it says about a disabled person: It says, "disabled person means an individual, but a mental, physical or developmental disability who is substantially unable to protect himself or herself from harm." That's what this bill is seeking to do, is to protect certain people who are unable, substantially unable to protect themselves from harm. And so what the Amendment simply does is say wait a minute. A person who is a disabled person is defined by Section 2903, which I just read to you, who is under 18 years of age, will also be included in the in bill. I've chatted with Ms. Riddle about this Amendment. She agrees with the Amendment as I think you'll hear, but she just thinks it doesn't have enough time. I disagree with that. I've told her that if we put this Amendment on and it becomes troubling in the Senate, I would agree to help her take it off. But I think there's enough time and I think this is the right thing to do, Mr. Speaker and Members.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Riddle.

REPRESENTATIVE RIDDLE: Members, this is a very -- when we talk about our Texas babies, when we talk about our children, I think it's very important to all of us. I'm a mother and I'm a grandmother of ten. The youngest one is now ten months old. And I don't think any of us disagree that our job is to make sure that the safety and security of our Texas children is fair and it's very important. This is not a discussion over the death penalty. We can have that debate another day. We already have the death penalty. We also have life without parole. I like Mr. Dutton's Amendment. However, I have told him that in the discussions back and forth, as much as I like that Amendment, to take it back to the Senate, it will kill the entire bill. So if you are opposed to this bill, then stick with this Amendment. I told Mr. Dutton that next Session I will work very hard to get this Amendment as a law passed, that I will work with him on that. But if this Amendment is on this bill, when it goes back to the folks across the rotunda, it will kill the bill. You know how things like that go. So, Members, I ask that you stay with me. Stay with the safety and security for our children of Texas, and, Mr. Speaker, I move to table this Amendment.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Dutton to close.

REPRESENTATIVE DUTTON: Mr. Speaker and Members, I guess the vote comes down to whether you're scared of the Senate. I'm not.

SPEAKER OF THE HOUSE: Representative Dutton sends up the Amendment. Representative Riddle moves to table. This is on the motion table. The clerk will ring the bell. Show Representative Riddle voting aye. Representative Dutton voting no. Have all voted? Have all Members voted? There being 54 ayes and 74 nays. The motion to table fails. We're back on the Dutton Amendment. The Chair recognizes Representative Dutton.

REPRESENTATIVE DUTTON: Mr. Speaker and Members, thank you all. I think the idea is here to protect the people who need protection, and I move adoption of the Amendment.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Riddle.

REPRESENTATIVE RIDDLE: Mr. Speaker, would the gentleman yield for just one second.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Dutton.

REPRESENTATIVE DUTTON: Yes.

REPRESENTATIVE RIDDLE: Chairman Dutton, you're going to do everything you can to make sure that this Amendment stays on in the Senate, aren't you?

REPRESENTATIVE DUTTON: I will do everything I can.

REPRESENTATIVE RIDDLE: I have a lot of confidence and I thank you for bringing this and I thank you for making sure that this stays on in the Senate.

REPRESENTATIVE DUTTON: Thank you, Mr. Chairman.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Riddle.

REPRESENTATIVE DUTTON: Okay. Mr. Chairman, I reluctantly at the good advice of Ms. Sheets, who I love and respect her advice, I am very concerned about accepting this Amendment and it killing the bill. However, I will go ahead and accept it on the basis that Mr. Dutton said if it is going to take it down on the Senate side, he will remove it. With that, I accept it, Mr. Speaker.

SPEAKER OF THE HOUSE: Representative Dutton sends up an Amendment. The Amendment is acceptable to the author. Is there an objection? The Chair hears none. The Amendment's adopted. The Chair recognizes Representative Riddle.

REPRESENTATIVE RIDDLE: Move passage.

SPEAKER OF THE HOUSE: The question occurs on move passage to engrossment of Senate Bill 377. All those in favor say aye. All those opposed nay. The ayes have it. Senate Bill 377 has passed to engrossment. The Chair recognizes Representative Perry.

REPRESENTATIVE PERRY: Mr. Chair, Members, I am fortunate to have the back bone of my office sitting up there in the gallery today. They're normally too late to be here today, but Jackie King and Evelyn Robin. I've got a couple interns up there. We all acknowledge their value. They're hard work working and I appreciate them being here today. I appreciate that. Give them a hand.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen for an announcement.

REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker. Members. I request permission for the Committee on Cultural Recreation & Tourism to meet while upon adjournment today, May 21, 2011, at Desk 16 on the House Floor to consider HCR 156 and HCR 165.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The following announcement. The clerk will read the announcement.

CLERK: The Committee on Cultural Recreation & Tourism will meet upon adjournment today May 21, 2011, on the House Floor at Desk No. 16. This will be a formal meeting to consider HCR 166 and HCR 165.

SPEAKER OF THE HOUSE: The following announcement. The clerk will read the announcement.

CLERK: The Committee on Cultural Recreation & Tourism will meet on final recess, today, May 21st, 2011 at Desk No. 16 on the House Floor. This will be a formal meeting to consider HCR 166 and 165. The Committee on Calendar will meet at 3:30 p.m. May 21, 2011, at 3W.15. This will be a formal meeting to consider a Calendar.

SPEAKER OF THE HOUSE: Are there any other announcements? If not, Representative Morrison moves for the House stands adjourned until 11:00 a.m. on Monday, May 23rd in celebration of Vesta Williams' 80th birthday. Ms. Williams happens to be Representative Morrison's mother. The House stands adjourned.