REPRESENTATIVE JOE STRAUS: The House will come to order. Members, please register. Quorum is present. The House and gallery, please rise for the invocation. And the chair recognizes Representative Branch to introduce our Pastor of the Day.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, members. Good morning. It's our privilege today to have Dr. Ron Skates, Senior Pastor at Highland Park Presbyterian Church to lead us in our invocation. Ron is a native of Bethesda, Maryland, but got here as soon as he could. In fact, he has an ancestor, William Bennett Skate, that was both in the battle of San Jacinto and a veteran of the Civil War. He attended Trinity University in San Antonio on a baseball scholarship, and was asked to stay on while he did Masters work as an assistant coach. He went on and decided not to go into veterinary medicine, went into Union Theological Seminary in Richmond, Virginia, where he met his wife, Ann. And in 2000 Ron and Ann moved to Dallas to become Senior Pastor at Highland Park Presbyterian. Before that, he had had a stint in Baltimore, and before that he was at First Presbyterian in San Antonio. They've been blessed with five children, and Katy is 23, Andrew 17, two twins, Michael and Emily, and Anna who passed away at a young age. The principal focus of Dr. Skate's ministry has been his preaching, and he devotes time daily to his preparation and translates his scriptural text from the original language. Please help me welcome Dr. Ron Skates.
DR. RON SKATES: I bring you greetings from the home of the American League Champion Texas Rangers, and from the congregation of Highland Park Presbyterian Church. Please join me as we pray. Almighty God, our Father and our friend, you who loved this world and this nation and the State of Texas so much that you were willing to die rather than live without us. We pray this day for what we need most as human beings and as legislators, and that's wisdom. Your word tells us that the only reason that we do not have wisdom is because we do not ask. So we ask can you now for the wisdom that you so graciously give. At a time when our state is faced with weighty economic and environmental challenges, at a time when these legislators must make difficult and crucial decisions that affect the lives of citizens, along with the infrastructure and resources of cities, counties, schools and businesses; grant wisdom. Wisdom that will lead to the building up of every facet of our state. Grant wisdom that leads to knowledge of you and of your will for our lives. Don't necessarily make us rich, but make us generous. Don't make us so much influential, as good. Don't make us eloquent, as much as truthful and sincere. We can't ask for everything, but we can ask for good conscience before you, and having that we will have the courage we need to make those tough decisions that will inevitably come our way. As legislators working together for the common good of the people and the resources of Texas, make this body kind to one another, tender hearted, forgiving one another even as you, for Christ's sake, have forgiven us. Lord, please, bless us and the great State of Texas, for your glory and that we might be a blessing to others. All this we ask in Jesus' name. Amen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kleinschmidt to lead us in the pledge.
REPRESENTATIVE TIM KLEINSCHMIDT: Good morning, Mr. Speaker. Members, please, join me in the pledges to our national flag and the state flag.
(Pledge of Allegiance to the state flag and the national flag.)
REPRESENTATIVE JOE STRAUS: Representative Kleinschmidt moves the house suspend the reading and referral of bills until the end of today's business. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gutierrez for a notice.
REPRESENTATIVE ROLAND GUTIERREZ: Thank you, Mr. Speaker, members. Members, at this time I would like to give a one hour notice on a motion to reconsider SB378 and its amendment on second reading. Thank you.
REPRESENTATIVE CHARLIE GEREN: Mr. Burman, for what purpose?
REPRESENTATIVE LEO BERMAN: I want to ask the gentleman a question. What is House Bill 378 or Senate Bill 378? He just made a motion.
REPRESENTATIVE CHARLIE GEREN: Yes, sir. He did. He -- all he did was give notice of a motion, he's going talk to you off mic. Is Mrs. Laubenberg on the floor of the House? Chair recognizes Representative Harper Brown for a motion. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Mr. Speaker. Members, I request permission for the Committee on Appropriations, Conference Committee on HB 1, to meet while the House is in session at 10:00 a.m. today in E.1030 to consider the Conference Committee report.
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Mr. Eissler? Chair recognizes Mr. Eissler.
REPRESENTATIVE ROB EISSLER: Thank you, Mr. Speaker. Members, I would like to suspend all necessary rules to take up and consider House Resolution 2191.
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. The clerk will read the resolution in full.
THE THE CLERK: HR2191 by Eissler. WHEREAS, Dr. Kenneth Cooper, a world-renowned pioneer in physical fitness, has inspired people across the globe to adopt and maintain healthier lifestyles; and WHEREAS, In 1968, Dr. Cooper authored the book Aerobics which introduced a new word into the general lexicon and a new concept into popular culture; the book, which advocated for disease prevention through exercise, launched an international fitness movement, motivating countless individuals to take up jogging or some other form of aerobic activity to improve their health; since its publication, Aerobics has been translated into 41 languages and sold more than 30 million copies, and Dr. Cooper has gone on to write 18 more books; and WHEREAS, Kenneth Cooper earned his undergraduate and medical degrees from the University of Oklahoma and later received a master's degree in public health from Harvard University; he served 13 years with the U.S. Army and U.S. Air Force, where he helped to create the conditioning program to prepare America's astronauts for space as well as the fitness tests that are now used by military organizations, athletic teams, law enforcement agencies, and schools; and WHEREAS, Since 1970, Dr. Cooper has overseen the Cooper Aerobics Center in Dallas; today, in addition to chairing eight health and wellness companies and a research and education nonprofit, The Cooper Institute, he remains committed to encouraging fitness and combating the growing childhood obesity epidemic; and WHEREAS, Known as the father of aerobics, Dr. Cooper has dedicated his career to exploring the relationship between cardiovascular fitness, health, and longevity, and thanks in large part to his efforts, exercise has become an integral part of American culture; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Dr. Kenneth Cooper for his dedication to helping others lead healthier lives and extend to him sincere best wishes for continued success with his important work; and, be it further RESOLVED, That an official copy of this resolution be prepared for Dr. Cooper as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Eissler.
REPRESENTATIVE ROB EISSLER: Thank you Mr. Speaker. Members, having Dr. Kenneth Cooper here is truly an honor, especially when you look at his foresight on how obesity effects your life. And there's a book by John Medina called Brain Rules that talks about physical fitness and physical exercise and the development of the brain. And I want you to know that Dr. Cooper has been way ahead of that. 1968 he wrote a book call Aerobics. In fact, I was out of breath just reading it. It's a fine tome, and I think he's written 18 more books. And what we learned about public education and physical fitness as opposed to obesity, which kills 34 kids per hour, is that kids who are physically fit have better academic performance, better attendance and better discipline. So, with that, I'd like to welcome Dr. Kenneth Cooper, the author of 19 books including Aerobics, he's father of aerobics. Please welcome him and let him know how much we appreciate his efforts and his work. Thank you, Dr. Cooper. And I move adoption.
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Gutierrez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Mr. Speaker, members. I apologize, members, I transposed the numbers early. Actually, I want to give one hour notice on a motion to reconsider Senate Bill 738, and its amendments, thank you.
REPRESENTATIVE CHARLIE GEREN: Mr. Davis? Madam Doorkeeper.
MADAM DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
REPRESENTATIVE CHARLIE GEREN: Admit the messenger.
SENATE MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following action:
REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Kuempel.
REPRESENTATIVE JOHN KUEMPEL: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider House Resolution 2032, which honors the life of Marvin Selig who passed away December 27th, 2010 --
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objections? Chair hears none. So ordered. The following resolution, the clerk will read the resolution.
THE THE CLERK: HR2032 by Kuempel. In memory of renowned industrialist and philanthropist Marvin Selig.
REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Kuempel. Members, this is a memorial resolution.
REPRESENTATIVE JOHN KUEMPEL: Thank you, Mr. Speaker. Members, Mr. Selig was born on November 30th, 1923, in Spring Valley, New York. He moved to Texas to attend the University of Texas and study engineering. After graduation he borrowed $2,000 to start a factory which manufactures reinforcing bars from recycled railroad rails. Mr. Selig became the CEO of a factory named Structural Metals Incorporated. Mr. Selig retired from the company in 2002, but continued to serve on the board for many years after that. SMI, or now known as Commercial Metals Company has been profitable ever since 1947 and produces close to a million tons of steel every year at our plant in Saguin. Mr. Selig married Miss Eleanor Berg, and they had three sons together; Zachary, Peter and Jeff, and five grandchildren. Mrs. Selig served as a Texas Commissioner of Mental Health. Mr. and Mrs. Selig were both very involved in the quarter-horse and thoroughbred horse breeding and racing business, and also in the Selig Center of excellence in entrepreneurship at the University of Texas College of Engineering. Mr. Selig has also served as the president of the Jewish Institute for National Security Affairs. Mr. Selig had tremendous impact on the Seguin area where he raised his family. He was a man of passion, optimism and confidence, and he will forever be remembered. Members, please, join me today in honoring the distinguished life of Mr. Marvin Selig, with the passage of HR2032. I move adoption.
REPRESENTATIVE CHARLIE GEREN: Members, this is a memorial resolution. All those in favor, please rise. The amendment is adopted. Mr. Hildebrand moves that all members' names be added. Any objection? Chair hears none. So ordered. Chair recognizes Mr. Davis.
REPRESENTATIVE JOHN E. DAVIS: Thank you, Mr. Speaker and members. I would like to suspend all necessary rules to take up House Resolution 2117 honoring Captain Eugene Cernan, the last man to walk on the moon.
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. The following resolution, the clerk will read the resolution.
THE THE CLERK: HR2117 by John Davis of Harris. WHEREAS, Renowned naval aviator and astronaut Captain Eugene A. Cernan is visiting the State Capitol on May 23, 2011; and WHEREAS, A native of Chicago, Captain Cernan holds degrees From Purdue University and the Naval Postgraduate School; he was One of 14 astronauts selected by NASA in 1963, and he went on to play A significant role in the history of flight and space exploration; And WHEREAS, He served as the pilot of Gemini IX, and he twice Flew to the moon, first as the lunar module pilot of Apollo X, and then as commander of Apollo XVII; he is the second American to walk in space and the last man to have walked on the moon; and WHEREAS, Captain Cernan has received numerous commendations and awards over the course of his illustrious career, including the Navy Distinguished Flying Cross, the Distinguished Service Medal with star, and the National Aeronautics and Space Administration's Distinguished Service Medal; moreover, he has been inducted into the National Aviation Hall of Fame and the Naval Aviation Hall of Honor, and he received the first Ambassador of Exploration Award from the National Aeronautics and Space Administration; and WHEREAS, An inspiring example of leadership and service Captain Cernan has distinguished himself through his contributions to the fields of aviation and space exploration, and it is indeed a privilege to recognize him for his exceptional record of achievement; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Captain Eugene A. Cernan for his outstanding service to the nation and extend to him sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Captain Cernan as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker, members, and joining up here with me is Representative Hildebrand, where Captain Cernan has a ranch in his district. And we're just honored to have someone of his stature here. Mr. Speaker, members, as many of y'all know, Captain Cernan was the second astronaut to walk in space, and the last man ever to have walked on the moon. He served as naval aviator for 20 years, spent 13 years at NASA, in addition to being the commander to the Apollo 17 mission, he was also the pilot of Gemini 9, and the lunar module pilot of Apollo 10. Captain Cernan has received countless awards throughout his career, including NASAs First Ambassador Of Exploration Award, the FFA's Prestigious Wright Brothers Master Pilot Award, in 2007 the Lindberg Spirit Award, which is presented only every five years. In 2007 NASA presented Captain Cernan with one of the most prestigious aviation trophies in the world, the Wright Brothers Memorial Trophy. Members, Captain Cernan is one of those rare men who have inspired our nation. He continues to do so through his commitment to space exploration. He is known worldwide for all that he has done, and his extraordinary achievements have propelled countless individuals to strive towards the same greatness. Enough cannot be said about Captain Cernan and what he has done for our state and our country and, members, if you would join Representative Hildebrand and me and just welcoming Captain Eugene Cernan, the last man to have walked on the moon, to the Texas House of Representatives. And move adoption. And I believe Representative Hildebrand wants all members's names --
REPRESENTATIVE CHARLIE GEREN: Members, you have heard the motion. Is there any objection? Chair hears none. So ordered. Mr. Hildebrand moves that all members' names be added. Is there any objection? Chair hears none. So ordered. Please excuse Representative Brown on important business in the district, on the motion on Representative Patrick. Chair recognizes Mrs. Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: Mr. Spea ker, members, I would like to suspend all necessary rules to take up House Resolution --
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. The following resolution, the clerk will read the resolution.
THE THE CLERK: HR2142 by Laubenberg. WHEREAS, Ashley Donaldson, a 15-year-old student at Shepton High School in Plano, demonstrated admirable integrity in trying to locate the owner of a large sum of money that she found in a parking lot in February 2011; and WHEREAS, While at the Pavilion Shopping Center in Dallas, Ms. Donaldson picked up an envelope that was lying on the ground and saw That it contained $2,000 in cash; rather than keeping it herself She reported the discovery to a nearby bank and turned the matter Over to police; and. WHEREAS, When her values were tested during this experience Ms. Donaldson showed herself to be an individual of remarkable Honesty who put her concern for the welfare of another person before Her own interests, and she is indeed deserving of special recognition for her actions; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Ashley Donaldson for reporting her Discovery of an envelope containing $2,000 and extend to her Sincere best wishes for all the good fortune she so richly deserves; And, be it further RESOLVED, That an official copy of this resolution be Prepared for Ms. Donaldson as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mrs. Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: Okay. You know, we hear so many bad things in the press today and that was a really neat story.
REPRESENTATIVE CHARLIE GEREN: Members, could we have order, please?
REPRESENTATIVE JODIE LAUBENBERG: This is a really neat story about a teenager who found, lying on the ground, $2,000. What teenager can't use two thousand dollars? Ashley did the right thing, turned it in, and was tested even further when the place she turned it to, not to criticize any elected official, but they chose, when no one claimed the money, they chose to keep the money instead of returning it back to Ashley. But Ashley and her family came all the way down today, and I think it's a really nice way to honor her. Ashley is on the dias with her mom, Jamie, her dad Ben, and her sister, Olivia. And I think Ken wanted to say something real quick.
REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Paxton.
REPRESENTATIVE KEN PAXTON: We're just grateful that this family found their way from California to Colorado to Texas, and that they're in Collin County now. Glad to have you here.
REPRESENTATIVE JODIE LAUBENBERG: And I move adoption.
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Mr. Paxton moves that all members' names be added. Is there any objection? Chair hears none. So ordered. Mr. Anchia? Mr. Eiland? The Chair recognizes Mr. Anchia.
REPRESENTATIVE RAFAEL REPRESENTATIVE ANCHIA: Y es, good morning Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider HR2060.
THE CHAIR: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. The following resolution, the clerk will read the resolution.
THE THE CLERK: HR2060 by Anchia. WHEREAS, The University of Texas Southwestern Medical Center at Dallas continues to excel at its mission of conducting internationally recognized research, educating leaders in the health field, and delivering quality medical care; and WHEREAS, This renowned medical center comprises three Degree-granting institutions: the Graduate School of Biomedical Sciences, the Medical School, and the School of Health Professions; and WHEREAS, The UT Southwestern Medical Center boasts a long History of discoveries that have changed the way the world thinks About the most challenging and devastating diseases and that have Resulted in important improvements in treatment and outcomes; these Discoveries have led to an unprecedented number of coveted national And international honors for UT Southwestern faculty, including Election to membership in our nation's most prestigious medical research organizations; and WHEREAS, One measure of the esteem in which the faculty is Held is the fact that it includes 95 percent of all men and women at State health-related institutions in Texas who have been accorded Membership in the National Academy of Sciences, one of the highest Honors attainable by an American scientist; with the recent Election of Dr. Luis F. Parada, an expert in nerve growth and Regeneration, to membership in the NAS and with the recruitment of Another NAS member, Dr. Bruce Alan Beutler, an expert in medical Genetics and immunology, the UT Southwestern faculty now includes 20 individuals who have been inducted into the academy; and WHEREAS, The UT Southwestern Medical Center is also home to 100 percent of all scientists based at state health-related Institutions in Texas who currently hold appointment as an Investigator with the Howard Hughes Medical Institute, a coveted Honor that brings many millions of dollars in private grant funding To Texas; moreover, four researchers at the medical center have won The Nobel Prize, and three of its Nobel Laureates are still active Members of the faculty; and WHEREAS, Through its own hospitals and through associated Health care facilities, UT Southwestern delivers patient care that Is among the best in the nation; U.S. News and World Report Recently ranked the medical center number one among hospitals in The Dallas-Fort Worth area; the faculty and residents of the center Care for nearly 100,000 hospitalized patients and oversee Approximately 1.9 million outpatient visits each year, and faculty Physicians annually provide $427 million in unreimbursed services to indigent patients, more than is provided by any other Health-related institution in the state; and WHEREAS, UT Southwestern also plays an important role in the Region's economy, employing 11,000 area residents, managing an Annual operating budget of nearly $1.5 billion, and bringing to Texas $415 million in external research grants annually; and WHEREAS, Dedicated to improving health care through Research, innovation, and education, The University of Texas Southwestern Medical Center is developing the next generation of Lifesaving treatments and health care professionals, and it is Indeed deserving of commendation for its extraordinary record of Achievement; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor The University of Texas Southwestern Medical Center at Dallas for its distinguished contributions in Research, education, and health care and extend to all those Associated with the institution sincere best wishes for continued Success; and, be it further RESOLVED, That an official copy of this resolution be Prepared for the UT Southwestern Medical Center as an expression of High regard by the Texas House of Representatives.
REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Anchia.
REPRESENTATIVE ANCHIA: Thank you Mr. Speaker and members, today, Representative Branch, Representative Johnson and other distinguished members from the legislature from north Texas, are honored to introduce the distinguished guest from the University of Texas Southwest Medical Center at Dallas for joining us up on the podium. Today, joining us, are Dr. Daniel Podalski*, President. Daniel, please waive your hand, Dr. David Russell, Vice Provost and Dean of Basic Research. And Dr. Louis Padalla*, Professor and Chair of Developmental Biology. U. T. Southwestern Medical Center is an internationally recognized research and medical care institution that trains over 4,000 student residents and postdoctorals fellows each year. Faculty and residents of U. T. southwestern Medical Center treat more than a 100,000 hospitalized patients and conduct one million out patient visits each year. With the recent election of Louis Padalla* and Dr. Bruce Allen Buteler to the National Academy of Sciences, U. T. Southwestern now has twenty members of this prestigious society of its faculty, more than all other academic research centers in Texas combined. Home to over 11,000 employees, and with an annual operating budget of more than $1.5 billion, U. T. Southwestern Medical Center is one of the major engines of economic growth in the north Texas region. Mr. Speaker and members, please join the other members of the legislature standing behind me as we welcome our guests from UT Southwestern Medical in Dallas. Move adoption.
REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Mr. Johnson moves all members' names be added. Is there any objection? Chair hears none. So ordered. Members, we're about to begin the Local and Consent Calendar. The Chair moves to suspend all necessary rules and the rule requiring bills be read on three several days, and to place the bills on today's Local and Consent Resolution Calendar on third reading and final passage, upon completion of the second reading and passage to third reading. Members, this is a record vote. This allows us to do second and third readings today. The clerk will ring the bell. Have all members voted? Showing Representative Torres voting aye. Have all members voted? There being 145 ayes, 0 nays, 2 present not voting; the motion prevails. Members, we're going on the local calendar.
REPRESENTATIVE BEVERLY WOOLLEY: Members we're beginning. Get ready to go on local and consent. If you have a bill on the calendar please be ready. Chair recognizes Mrs. Button to explain HCR147.
REPRESENTATIVE ANGIE CHEN BUTTON: Thank you, Madam Chairman. Members, HCR147 encourage cities to promote long-term economic development and job growth by working together on the regional level to act --
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of HCR147? Chair hears none and lays out HCR147. The clerk will read the bill.
THE THE CLERK: HCR147 by Button. Encouraging cities to promote long-term economic development and job growth by working together on the regional level to attract and retain business investment.
REPRESENTATIVE BEVERLY WOOLLEY: Chair recognizes Representative Button.
REPRESENTATIVE ANGIE CHEN BUTTON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage of HCR147 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Torres to explain HCR152. HCR has been requested to be postponed -- Oops, no. Here he is on HCR152.
REPRESENTATIVE RAUL TORRES: Members, Madam Speaker, this resolution would honor the tremendous contributions and sacrifices of our state teachers.
REPRESENTATIVE BEVERLY WOOLEY: Move passage.
REPRESENTATIVE LON BURNAM: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose?
REPRESENTATIVE LON BURNAM: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLEY: Mr. Torres , do you yield?
REPRESENTATIVE RAUL TORRES: Absolutely.
REPRESENTATIVE LON BURNAM: Thank you Representative Torres. I'm trying to understand what the intent and purpose of this HCR is. It's for a ten-year period, for ten years, once a year for a week we will honor teachers and show appreciation officially and publicly to them; is that correct?
REPRESENTATIVE RAUL TORRES: That's correct.
REPRESENTATIVE LON BURNAM: Does it do anything else?
REPRESENTATIVE RAUL TORRES: No, sir. Just an opportunity for us as a state body to recognize their efforts and their contributions to our great state.
REPRESENTATIVE LON BURNAM: So this is basically in lieu of adequate compensation, retirement benefits and working conditions --
REPRESENTATIVE RAUL TORRES: That's a separate issue.
REPRESENTATIVE LON BURNAM: I'm sorry?
REPRESENTATIVE RAUL TORRES: It has nothing to do with compensation.
REPRESENTATIVE LON BURNAM: Okay. So we're going appreciate them in name, but not in reality?
REPRESENTATIVE RAUL TORRES: This is an appreciation for their hard work.
REPRESENTATIVE LON BURNAM: Okay. But in lieu of inadequate compensation, and in lieu of inadequate retirement benefits, and in lieu of good working conditions?
REPRESENTATIVE RAUL TORRES: That issue will be dealt with on a separate bill.
REPRESENTATIVE LON BURNAM: Thank you.
REPRESENTATIVE RAUL TORRES: Thank you. I move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of HCR152? Chair hears none and lays out HCR152. The clerk will read the bill.
THE THE CLERK: HCR152 by Torres. Designating the first full week of May as Texas Teacher Appreciation Week for a 10-year period, 2012 to 2021.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Torres.
REPRESENTATIVE RAUL TORRES: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of HCR152. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hughes to explain HCR159.
REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, this would designate Marshall as the official birthplace of boogie woogie.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of HCR159? Chair hears none and lays out HCR159. The clerk will read the bill.
THE THE CLERK: HCR159 by Hughes. Designating Marshall as the official birthplace of boogie woogie.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: I move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of HCR159.
REPRESENTATIVE LARRY TAYLOR: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Taylor?
REPRESENTATIVE LARRY TAYLOR: Will the gentleman yield for a question?
REPRESENTATIVE BEVERLY WOOLEY: Will you yield, Mr. Hughes?
REPRESENTATIVE LARRY TAYLOR: How many bars of boogie woogie or show us what boogie woogie is before you name it the official birthplace of it?
REPRESENTATIVE BRYAN HUGHES: I will yield to my chairman.
REPRESENTATIVE JOHN V. GARZA: He was the famous boogie woogie man of company B -- he was a famous boogie woogie man of company B.
REPRESENTATIVE BRYAN HUGHES: Thank you. What he said.
REPRESENTATIVE LARRY TAYLOR: Thank you for that. Appreciate that.
REPRESENTATIVE TRYON LEWIS: Madam Speaker.
REPRESENTATIVE BEVERLY WOOLEY: For what purpose?
REPRESENTATIVE TRYON LEWIS: Would the gentleman yield?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield, Mr. Hughes?
REPRESENTATIVE BRYAN HUGHES: I will yield.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: A t Bailor, Bryan, were they able to dance at Bailor? How do you know what the boogie woogie is?
REPRESENTATIVE BRYAN HUGHES: They tell me that the rules have changed now at Bailor, and so it's --
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hey get to dance with girls now, I think.
REPRESENTATIVE BRYAN HUGHES: I think that's what they did. I think so. I hate that I missed that.
REPRESENTATIVE BEVERLY WOOLEY: Mr. Anders on, for what purpose?
REPRESENTATIVE RODNEY ANDERSON: Would the gentleman yield for one quick question?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield, Mr. Hughes?
REPRESENTATIVE BRYAN HUGHES: I yield.
REPRESENTATIVE RODNEY ANDERSON: All right, I did not know that Marshall had a bugle -- Do they have a bugle boy from Company B.
REPRESENTATIVE BRYAN HUGHES: I think the boogie woogie bugle boy from Company B is --
REPRESENTATIVE RODNEY ANDERSON: Or is it the boogie woogie bugle boy from Company C and is it from Marshall?
REPRESENTATIVE BRYAN HUGHES: I think it's Company B, which was in World War II, which my chairman so well articulately presented to us.
REPRESENTATIVE RODNEY ANDERSON: And what company was that?
REPRESENTATIVE BRYAN HUGHES: It actually goes all the way back to the 1870's. It was the T&P Railroad Company. How about that?
REPRESENTATIVE RODNEY ANDERSON: Congratul ations. You know more about it than I do.
REPRESENTATIVE BRYAN HUGHES: Thank you.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of HCR159. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Zerwas to explain HR1978.
REPRESENTATIVE JOHN ZERWAS: I request the Lieutenant Governor and the Speaker create a joint interim committee to study the overall economic and systematic impact of Alzheimer's disease --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of HR1978 --
REPRESENTATIVE LON BURNAM: Madam Speaker, will the gentleman yield for a question?
REPRESENTATIVE BEVERLY WOOLEY: Mr. Zerwas , do you yield?
REPRESENTATIVE JOHN ZERWAS: I do.
REPRESENTATIVE BEVERLY WOOLEY: The gentleman yields for a question.
REPRESENTATIVE LON BURNAM: Mr. Zerwas, I'm very serious about this. Both my mother-in-law and father-in-law have Alzheimer's, so I just wanted to know a little bit about the resolution and what practical effect it will have on families that are suffering and dealing with this.
REPRESENTATIVE JOHN ZERWAS: I think you bring up a good point, Representative Bernam. And the fact is that we really haven't gone and done an exhaustive determination of the economic and systemic impact of Alzheimer's disease. It's one of the fastest growing diseases as we see people grow into their later years, and clearly we see what the impact is to families and overall to the economy related to the disease.
REPRESENTATIVE LON BURNAM: Well, I will gladly serve as a personal witness about the economic impact it has on families.
REPRESENTATIVE JOHN ZERWAS: Thank you, Representative Burnam.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of HR1978? The Chair hears none and lays out HR1978. The clerk will read the bill.
THE THE CLERK: HR1978 by Zerwas.. Requesting the lieutenant governor and the speaker to create a joint interim committee to study the overall economic and systemic impact of Alzheimer's disease through 2017, including an inventory of public and private infrastructure and capacity and funds and systems to support and expand statewide planning and the activities of the Texas Alzheimer's Research Consortium.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of HR1978. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Branch to explain Senate Bill 32.
REPRESENTATIVE DAN BRANCH: Thank you Madam Speaker. Members, this consolidates all tuition and exemptions and waivers into one chapter of the Texas Education Code. Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 32? Chair hears none and lays out Senate Bill 32. The clerk will read the bill.
THE THE CLERK: SB32 by Zaffirini. Relating to the consolidation of related higher education programs governing tuition, fee exemptions, and waivers respective to specific target populations.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 32. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Raymond to explain Senate Bill 43.
REPRESENTATIVE RICHARD PENA RAYMOND: Thank you Madam Speaker. Members, this is a technical correction to the laws protecting or preventing sexual exploitation of patients.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 43? Chair hears none and lays out Senate Bill 43. The clerk read the bill.
THE THE CLERK: SB43 by Zaffirini. Relating to the civil liability of an employer or former employer of a mental health services provider who engages in sexual exploitation of a patient or former patient.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD PENA RAYMOND: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 43. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative Eissler to explain Senate Bill 54.
REPRESENTATIVE ROB EISSLER: Thank you, Mrs. Speaker. Members, Madam Speaker, members, Senate Bill 54 requires public school teachers of the vision impaired to complete --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of SB54? Chair hears none and lays out Senate Bill 54. The clerk will read the bill.
THE THE CLERK: SB54 by Zaffirini. Relating to certification to teach public school students who have visual impairments.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Eissler.
REPRESENTATIVE ROB EISSLER: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 54. Is there objection? Chair hears none. So ordered. Chair recognize Representative Raymond to explain Senate Bill 77.
REPRESENTATIVE RICHARD PENA RAYMOND: Than k you, Madam Chair. Members, this bill will protect child care providers against theft and fraud.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 77? Chair hears none and lays out Senate Bill 77. The clerk will read the bill.
THE THE CLERK: SB77 by Nelson. Relating to certain requirements for certain sponsoring organizations and other institutions participating in the Child and Adult Care Food Program.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD PENA RAYMOND: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 77. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Miller of Erath to explain Senate Bill 86.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M adam Speaker, members, the purpose of Senate Bill 86 is to assist smaller cities in adjudicating outstanding traffic citations.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 86? The Chair hears none and lays out Senate Bill 86. The clerk will read the bill.
THE THE CLERK: SB86 by Nelson. Relating to municipal contracts for enforcement of outstanding traffic violation arrest warrants.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Miller of Erath.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 86. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Rodriguez to explain Senate Bill 89.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Madam Speaker. Members, SB89 provides for access to summer food programs for school districts if 60 percent or more of the students qualify for reduced lunch.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 89? Chair hears none and lays out Senate Bill 89. The clerk will read the bill.
THE THE CLERK: SB89 by Lucio. Relating to summer nutrition programs in certain school districts.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Rodriguez.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker. Members, this removes the paper report requirement to be available online.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of the amendment? Chair hears none. The amendment is adopted. Second amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Rodriguez.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker. This has an automatic two-year waiver, removes criteria for TDA to estimate cost. Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of the adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 89. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain Senate Bill 144.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker, members, this is an amendment that the bill allows the person to assess the term for deferred adjudication.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 144? Chair hears none and lays out Senate Bill 144. The clerk will read the bill.
THE THE CLERK: SB144 by West. Relating to allowing a person who successfully completes a term of deferred adjudication community supervision to be eligible for a pardon.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Thompson.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker, members, this gives the board of parole to make a recommendation after the governor has granted it. Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to the adoption of the amendment? Chair hears none. So moved. The Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 144. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gutierrez to explain Senate Bill 149.
REPRESENTATIVE ROLAND GUTIERREZ: Thank you, Mrs. Speaker. Members, at this time, Madam Speaker I apologize, this time I move to postpone Senate Bill 1249 until the end of calendar, so Mr. Castro can get here.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair calls on Representative Miller of Erath to explain Senate Bill 150.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M adam Speaker, members, this grants law enforcement authorities to the Veterans Affairs Office of Inspector General.
REPRESENTATIVE BEVERLY WOOLEY: Is there --
REPRESENTATIVE LON BURNAM: Madam Speaker, will the gentleman yield?
REPRESENTATIVE BEVERLY WOOLEY: Will you yield, Representative Miller?
REPRESENTATIVE SID REPRESENTATIVE MILLER: S ure.
REPRESENTATIVE BEVERLY WOOLEY: Gentleman yields.
REPRESENTATIVE LON BURNAM: Thank you. Thank you, Chairman Miller. Did this bill go through our committee?
REPRESENTATIVE SID REPRESENTATIVE MILLER: Y es, it did.
REPRESENTATIVE LON BURNAM: And did I let that on Local and Consent?
REPRESENTATIVE SID REPRESENTATIVE MILLER: Y eah, you voted for it.
REPRESENTATIVE LON BURNAM: Or was I absent?
REPRESENTATIVE SID REPRESENTATIVE MILLER: L et me see if I have that in the folder.
REPRESENTATIVE LON BURNAM: More important than that, exactly what does this bill do?
REPRESENTATIVE SID REPRESENTATIVE MILLER: I t amends the code of criminal procedures to grant limited state law enforcement authority to special agents of the office of inspector general of the United States Department of Veterans Affairs to update certain references to grant authority to other federal law enforcement personnel.
REPRESENTATIVE LON BURNAM: Is this only on veteran affairs facilities or throughout the state?
REPRESENTATIVE SID REPRESENTATIVE MILLER: W ell, the Texas Commission on Law Enforcement Office standards in education indicates that they will anticipate the bill to have no fiscal impact, and it's just on the Veterans Affairs, Texas State Veterans Affairs.
REPRESENTATIVE LON BURNAM: Excuse me. Does it only apply to veterans affairs facilities, or does it apply any where throughout the state?
REPRESENTATIVE SID REPRESENTATIVE MILLER: W ell, hang on a minute. Let me find out for you. Would you like me to postpone the calendar so I can find the answer for you?
REPRESENTATIVE LON BURNAM: Will you, please? Madam, I don't want to run out the clock but can I ask questions real quick and maybe we can address those later as well. Which is your preference?
REPRESENTATIVE SID REPRESENTATIVE MILLER: L et me postpone until the end of the calendar.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion to postpone Senate Bill 150 until the end of the calendar. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Branch to explain Senate Bill 162.
REPRESENTATIVE DAN BRANCH: Thank you Madam Speaker. Members, SB162 establishes the study of our development evidence program within --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 162? Chair hears none and lays out Senate Bill 162. The clerk will read the bill.
THE THE CLERK: SB162 by Shapiro. Relating to developing a developmental education plan for students entering public institutions of higher education.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 162. Is there objection? Chair hears none. So ordered. Chair calls on Representative Veasey to explain Senate Bill 167.
REPRESENTATIVE MARC VEASEY: Senate Bill 167 is the actual innocence bill that says if you have been granted release based on actual innocence that --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 167? Chair hears none and lays out Senate Bill 167. The clerk will read the bill.
THE THE CLERK: SB167 by West. Relating to the automatic expunction of arrest records and files after an individual receives a pardon or a grant of certain other relief with respect to the offense for which the individual was arrested.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Veasey -- the amendment the clerk will read the amendment.
THE THE CLERK: Amendment by Hartnett.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hartnett to explain the amendment.
REPRESENTATIVE MARC VEASEY: The amendment simply states that is if convicted and subsequently granted release --
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion -- Is there objection to consideration or adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Veasey.
REPRESENTATIVE MARC VEASEY: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 167. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Zerwas to explain Senate Bill 187.
REPRESENTATIVE JOHN ZERWAS: Thank you, Madam Speaker and members. This requires the development of a paper trail for the --
UNIDENTIFIED MAN SPEAKER: Mrs. Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose?
UNIDENTIFIED MAN SPEAKER: Will the gentleman yield?
REPRESENTATIVE JOHN ZERWAS: -- and also for the board to create an informational document requiring anatomical --
REPRESENTATIVE BEVERLY WOOLEY: Mr. Zerwas , do you yield to Mr. Zedler?
REPRESENTATIVE JOHN ZERWAS: I do.
REPRESENTATIVE BEVERLY WOOLEY: Gentleman yields.
REPRESENTATIVE BILL ZEDLER: Representative Zerwas, let me ask you this. This only applies to legal -- those people who are lawfully --
REPRESENTATIVE JOHN ZERWAS: That's the next bill, that's not this bill. That's the next bill. That's 189. This is 187.
REPRESENTATIVE BILL ZEDLER: Oh, I'm sorry.
REPRESENTATIVE JOHN ZERWAS: Yes, sir.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 187? Chair hears none and lays out Senate Bill 187. The clerk will read the bill.
THE THE CLERK: SB187 by Nelson. Relating to human body and anatomical specimen donation.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes -- Where is Representative Zerwas?
REPRESENTATIVE JOHN ZERWAS: Move adoption.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 187. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Zerwas to explain Senate Bill 189.
REPRESENTATIVE JOHN ZERWAS: Thank you, Madam Speaker. Members, Senate Bill 189 establishes provisions for those practicing medicine in the state and are non U.S. citizens or permanent residents of the country to work in an area --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of the Senate Bill 189?
REPRESENTATIVE BILL ZEDLER: I have one other question, please.
REPRESENTATIVE BEVERLY WOOLEY: Mr. Zerwas , would you yield to Representative Zedler?
REPRESENTATIVE JOHN ZERWAS: I do.
REPRESENTATIVE BILL ZEDLER: Let me ask you one other thing, how do they know that even though that they initially say that they are going to certain underserved areas, how do they know that they're going stay in?
REPRESENTATIVE JOHN ZERWAS: How do they know that they're going to stay there? That's a good point. We had that conversation, and the Texas Medical Board required them, on an annual basis, to establish the location of their practice.
REPRESENTATIVE BILL ZEDLER: Thank you.
REPRESENTATIVE JOHN ZERWAS: Yes, sir.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 189? Chair hears none and lays out Senate Bill 189. The clerk will read the bill.
THE THE CLERK: SB189 by Nelson. Relating to the eligibility of certain aliens for a license to practice medicine in this state.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 189. Is there objection? Chair hear none. So ordered. The Chair recognizes Representative Howard of Travis to explain Senate Bill 192.
REPRESENTATIVE DONNA HOWARD: Thank you, Madam Speaker. Members, Senate Bill 192 enhances patient advocacy simultaneously for protection for nurses.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 192? Chair hears none and lays out Senate Bill 192. The clerk will read the bill.
THE THE CLERK: SB1 192 by Nelson . Relating to patient advocacy activities by nurses and certain other persons; providing an administrative penalty.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Howard of Travis.
REPRESENTATIVE DONNA HOWARD: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 192. Is there objection? Chair hears none. So ordered. Chair recognizes Representative King of Taylor to explain Senate Bill 193.
REPRESENTATIVE SUSAN REPRESENTATIVE KING: T hank you, Madam Speaker. Members, Senate Bill 193 by Senator Nelson has to do with regulating the practice of nurses, adds protecting for nurses and nursing practice acts.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 193? Chair hears none and lays out Senate Bill 193. The clerk will read the bill.
THE THE CLERK: SB193 by Nelson. Relating to the regulation of the practice of nursing.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative King of Taylor.
REPRESENTATIVE SUSAN REPRESENTATIVE KING: M ove passage. Thank you very much, members.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 193. Is there objection? Chair hears none. So ordered. Chair calls on Representative Dukes to explain Senate Bill 218.
REPRESENTATIVE DAWNNA DUKES: Thank you, Madam Speaker. Members, Senate Bill 218 is a redesign of the foster care system, as well as establishing the rights of parents.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 218? Chair hears none.
REPRESENTATIVE VAN TAYLOR: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Taylor?
REPRESENTATIVE VAN TAYLOR: Will the gentle lady yield?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield?
REPRESENTATIVE DAWNNA DUKES: Yes, I will.
REPRESENTATIVE VAN TAYLOR: So Representative Dukes, we put an amendment on this bill, did we not?
REPRESENTATIVE DAWNNA DUKES: Yes.
REPRESENTATIVE VAN TAYLOR: And to establish legislative intent, can you talk about what that amendment did and why we put it in there?
REPRESENTATIVE DAWNNA DUKES: I'm sorry?
REPRESENTATIVE VAN TAYLOR: In committee.
REPRESENTATIVE DAWNNA DUKES: Yes, the amendment is to ensure that the agency works closely with the parents in developing parental plans.
REPRESENTATIVE VAN TAYLOR: And so this amendment establishes parental rights over their children even when they're working with CPS?
REPRESENTATIVE DAWNNA DUKES: Absolutely. We wanted to ensure that there is not a one sided dictation from the Department of Family and Protective Services, and overly burdening families with an inability to work appropriately to reunite with their children.
REPRESENTATIVE VAN TAYLOR: Would you agree that this amendment came out of problems with CPS being -- giving inappropriate recommendations in their plan without have the parents having input into it?
REPRESENTATIVE DAWNNA DUKES: Absolutely. As well as not giving consistent information to parents to ensure that they would know their rights, and that they would know exactly what the agency was attempting to do, and misleading some and taking their children.
REPRESENTATIVE VAN TAYLOR: Okay. Well, as we agreed previously, for legislative intent, Madam Speaker, I ask that our -- that the remarks made between Mrs. Dukes and I be recorded and placed in the journal.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Is there objection to consideration of Senate Bill 218? Chair hears none and lays out Senate Bill 218. The clerk will read the bill.
THE THE CLERK: SB218 by Nelson. Relating to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Dukes.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Dukes to explain the amendment.
REPRESENTATIVE DAWNNA DUKES: This is an amendment from Senator Nelson's office. It is to ensure that we clarify when an emergency order can be used for possession and removal in the bill and it is acceptable to the author. I move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on adoption of the amendment. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Dukes.
REPRESENTATIVE DAWNNA DUKES: Move passage. The have question occurs on passage to third reading of Senate Bill 218. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Naishtat to explain Senate Bill 220.
REPRESENTATIVE ELLIOTT NAISHTAT: Members, this bill provides procedural reforms to make it easier to navigate guardianship --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 220? Chair hears none and Chair lays out Senate Bill 220. The clerk will read the bill.
THE THE CLERK: SB220 by Nelson. Relating to guardianships, including the assessment of prospective wards for, and the provision of, guardianship services by the Department of Aging and Disability Services.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Naishtat.
REPRESENTATIVE ELLIOTT NAISHTAT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 220. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Smith of Terrant to explain Senate Bill 226.
REPRESENTATIVE TODD SMITH: Mrs. Speaker, members, Senate Bill 226 ensures confidentiality to students --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 226? Chair hears none and lays out Senate Bill 226. The clerk will read the bill.
THE THE CLERK: SB226 by Nelson. Relating to reporting individual student performance on a physical fitness assessment instrument to the Texas Education Agency.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Smith of Terrant.
REPRESENTATIVE TODD SMITH: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 226. Is there objection? Chair hears none. So ordered. Chair recognizes Representative King of Taylor to explain Senate Bill 229.
REPRESENTATIVE SUSAN REPRESENTATIVE KING: T hank you, Madam Speaker and members. In honor of newborns everywhere, and twins specifically, we have Preston Harris and Austin Harris of Kaufman County here today. This is relating to Senate Bill 229 relating to newborns screening for newborns --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 229? Chair hears none and lays out Senate Bill 229. The clerk will read the bill.
THE THE CLERK: SB229 by Nelson. Relating to newborn hearing screenings and hearing services for certain children.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative King of Taylor.
REPRESENTATIVE SUSAN REPRESENTATIVE KING: M adam Speaker, move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 229. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Harless to explain Senate Bill 266.
REPRESENTATIVE PATRICIA REPRESENTATIVE HARLESS: T hank you, Madam Speaker. SB266 clarifies when filing can be --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 266? Chair hears none and lays out Senate Bill 266. The clerk will read the bill.
THE THE CLERK: SB266 by Williams. Relating to notice required in connection with possessory liens on motor vehicles.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Harless.
REPRESENTATIVE PATRICIA REPRESENTATIVE HARLESS: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 266. Is there objection? Chair hears none. So ordered. Chair calls on Representative Hernandez Lunas to explain Senate Bill 290.
REPRESENTATIVE ANA LUNA HERNANDEZ: Thank you, Madam Speaker. Members, Senate Bill 209 incorporates personal and financial component for public schools.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 290? Chair hears none and lays out Senate Bill 209. The clerk will read the bill.
THE THE CLERK: SB290 by Watson. Relating to including a personal financial literacy component in public school mathematics instruction.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hernandez Luna.
REPRESENTATIVE ANA LUNA HERNANDEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 290. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Frullo to explain Senate Bill 422.
REPRESENTATIVE JOHN FRULLO: Thank you, Madam Speaker. Members, Senate Bill 422 allows the appraisals districts to collect special --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 422? Chair hears none and lays out Senate Bill 422. The clerk will read the bill.
THE THE CLERK: SB422 by Duncan. Relating to the authority of a municipality or county to contract with another entity to collect certain assessments levied by the municipality or county.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Frullo.
REPRESENTATIVE JOHN FRULLO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 422. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Geren to explain Senate Bill 438.
REPRESENTATIVE CHARLIE GEREN: Thank you, Madam Speaker. Members, Senate Bill 438 is relating to the number of days --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 428? Chair hears none and lays out Senate Bill 438. The clerk will read the bill.
THE THE CLERK: SB438 by Nelson. Relating to the number of days a winery may sell wine under a winery festival permit.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 438. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Huberty to explain Senate Bill 461.
REPRESENTATIVE DAN HUBERTY: Thank you, Madam Speaker. Members, Senate Bill 461 relates to design inaudible --
REPRESENTATIVE DEBBIE RIDDLE: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mrs. Riddle?
REPRESENTATIVE DEBBIE RIDDLE: Just very briefly.
REPRESENTATIVE BEVERLY WOOLEY: Do you yield, Mr. Huberty?
REPRESENTATIVE DAN HUBERTY: Of course.
REPRESENTATIVE BEVERLY WOOLEY: The gentleman yields.
REPRESENTATIVE DEBBIE RIDDLE: Okay. Just very briefly, I don't want to take up more than a minute. I saw briefly as to what that is about. In just one or two sentences can you just briefly tell us what your bill does?
REPRESENTATIVE DAN HUBERTY: Yes, ma'am. 1461 takes the existing airborne parachutist specialty license plate and changes the wording to U.S. Paratroopers, to honor the proper military term. And it went through the committee without any objection. It was passed out the day it was heard.
REPRESENTATIVE DEBBIE RIDDLE: I got to tell you, I think you've got an outstanding bill. Congratulations.
REPRESENTATIVE DAN HUBERTY: Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 461? Chair hears none and lays out Senate Bill 461. The clerk will read the bill.
THE THE CLERK: SB461 by Williams. Relating to the design and issuance of license plates for United States paratroopers.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Huberty.
REPRESENTATIVE DAN HUBERTY: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 461. Is there objection? Chair hears none. So ordered. Senate Bill 462 has been withdrawn from the calendar. Chair recognizes Representative Patrick to explain Senate Bill 469.
REPRESENTATVIE DIANE PATRICK: Senate Bill 469 relates to collection of unpaid toll converse -- we have.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 469? Chair hears none and lays out Senate Bill 469. The clerk will read the bill.
THE THE CLERK: SB469 by Nelson. Relating to the collection of unpaid tolls by the regional toll authority.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Patrick.
REPRESENTATVIE DIANE PATRICK: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 469. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Parker to explain Senate Bill 471.
REPRESENTATIVE TAN PARKER: Thank you Madam Speaker. Members, this bill addresses the need for identification of all types of child abuse --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 471? Chair hears none and lays out Senate Bill 471. The clerk will read the bill.
THE THE CLERK: SB471 by West. Relating to public school, child-placing agency, and day-care center policies addressing sexual abuse and other maltreatment of children.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Parker.
REPRESENTATIVE TAN PARKER: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 471. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gallego explain Senate Bill 480.
REPRESENTATIVE PETE P. GALLEGO: Senate Bill 480 relates to appeals and judgments from municipal courts of record.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 480? Chair hears none and lays out Senate Bill 4820. The clerk will read the bill.
THE THE CLERK: SB480 by Hagar. Relating to certain appeals from judgments of municipal courts of record.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE P. GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 480. Is there objection? Chair hears none. So ordered. Members, there is an amendment. Let's go back. Representative Gallego, there's an amendment. Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Gallego.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Gallego to explain the amendment.
REPRESENTATIVE PETE P. GALLEGO: Thank you, Madam Speaker. This amendment relates to the disqualification of municipal judges or refusal and it is acceptable to the author. It was a committee amendment.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of the amendment? Chair hears none. The amendment is adopted. Chair recognizes Representative Gallego.
REPRESENTATIVE PETE P. GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 480. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain Senate Bill 481.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M embers, this requires the probate court to give notice regarding approval upon ex parte.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 481? Chair hears none. Lays out Senate Bill 481. The clerk will read the bill.
THE THE CLERK: SB481 by Harris. Relating to the removal of a guardian of an incapacitated person ordered by a court.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 481. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain Senate Bill 482.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M adam Chair -- Speaker, this clarifies only one authorization agreement between a parent and non-related personal authorized in certain actions ons on behalf of child.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 482? Chair hears none and lays out Senate Bill 482. The clerk will read the bill.
THE THE CLERK: SB482 by Harris. Relating to authorization agreements between parents and non-parent relatives of a child.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 482. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hildebrand to explain Senate Bill 496.
REPRESENTATIVE HARVEY HILDERBRAN: This bill just adds evading arrest on -- with a boat. Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 496? Chair hears none and lays out Senate Bill 496. The clerk will read the bill.
THE THE CLERK: SB496 by Fraser . Relating to the punishment for the offense of evading arrest or detention.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 496. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hartnett to explain Senate Bill 519.
REPRESENTATIVE WILL HARTNETT: This bill increases the time to file motion renew trial in JP court.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 519? Chair hears none and lays out Senate Bill 519. The clerk will read the bill.
THE THE CLERK: SB519 by Hagar. Relating to the period during which a motion for a new trial in a criminal proceeding in a justice or municipal court must be made.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 519. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Miller of Erath to explain Senate Bill 530.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M adam Speaker, Senate Bill 530 would give investigative powers to agents of Social Security administration the authority --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to the consideration of Senate Bill 530? Chair hears none and lays out Senate Bill 530. The clerk will read the bill.
THE THE CLERK: SB530 by Huffman. Relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Social Security Administration and to updating certain references related to the grant of that authority to other federal law enforcement personnel.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Miller of Erath.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M ove adoption.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 530. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Darby to explain Senate Bill 548.
REPRESENTATIVE DREW DARBY: Thank you, Madam Speaker. SB548 simply establishes a review process.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 548? If not the -- The Chair lays out Senate Bill 548. The clerk will read the bill.
THE THE CLERK: SB548 by Nichols. Relating to the environmental review process for transportation projects. Amendment by Darby.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Darby to explain the amendment.
REPRESENTATIVE DREW DARBY: Members, this simply establishes an environmental review prioritization for documents. Move passage. It is acceptable to the author.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on the adoption to the amendment. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Darby.
REPRESENTATIVE DREW DARBY: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 548. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Torres to explain Senate Bill 563.
REPRESENTATIVE RAUL TORRES: Members, this is relating to protecting information regarding job matching service was provided by Texas --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 563? Chair hears none and lays out Senate Bill 563. The clerk will read the bill.
THE THE CLERK: SB563 by Jackson. Relating to information regarding job matching services provided by the Texas Workforce Commission; providing a criminal penalty.
REPRESENTATIVE BEVERLY WOOLEY: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Torres.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Torres to explain the amendment.
REPRESENTATIVE RAUL TORRES: Members, this amendment sets up a pilot program within the TWC applying the method doing of the program.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Torres.
REPRESENTATIVE RAUL TORRES: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third leading of Senate Bill 563. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hartnett to explain Senate Bill 578.
REPRESENTATIVE WILL HARTNETT: This bill provides safeguards for children in criminal cases.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 578? Chair hears none and lays out Senate Bill 578. The clerk will read the bill.
THE THE CLERK: SB578 by Fraser. Relating to the testimony of children in criminal cases.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 578. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gonzalez of El Paso to explain Senate Bill 609.
REPRESENTATIVE NAOMI GONZALEZ: Thank you Madam Chair and members, this applies only to El Paso county and exempts the housing authority in the City of El Paso --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 609? Chair hears none and lays out Senate Bill 609. The clerk will read the bill.
THE THE CLERK: SB609 by Rodriguez. Relating to the exemption of certain property from municipal drainage service charges and from related ordinances, resolutions, and rules.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Gonzalez of El Paso.
REPRESENTATIVE NAOMI GONZALEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 609. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Thompson to explain Senate Bill 626.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker and members, this bill simply allows the State of Texas to collect child support money, or any money that may be wed and due to the State of Texas if a person wins the lottery.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 626? Chair hears none and lays out Senate Bill 626. The clerk will read the bill.
THE THE CLERK: SB626 by Carona. Relating to lottery winnings, including assignment of winnings, periodic payments of winnings, and the deduction of child support delinquency amounts from winnings paid to a prize winner.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Chairman Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage of Senate Bill 626 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Veasey to explain Senate Bill 627.
REPRESENTATIVE MARC VEASEY: Thank you members, Senate Bill 627 allows county commissioners districts to set up hospital --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 627? Chair hears none and lays out Senate Bill 627. The clerk will read the bill.
THE THE CLERK: SB627 by Davis. Relating to the participation by certain taxing units in tax increment financing and the payment of tax increments into the tax increment fund for a reinvestment zone.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Veasey.
REPRESENTATIVE MARC VEASEY: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 627. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Elkins to explain Senate Bill 682.
REPRESENTATIVE GARY ELKINS: Thank you, Madam Speaker. Senate Bill 682 allows local administrative judges to have access --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 682? Chair hears none and lays out Senate Bill 682. The clerk will read the bill.
THE THE CLERK: SB682 by Huffman. Relating to access to criminal history record information that relates to a person who is an applicant for appointment to an appraisal review board.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Elkins.
REPRESENTATIVE GARY ELKINS: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 682. Is there objection? Chair hears none. So ordered. Chair calls on Representative Strama to explain Senate Bill 701.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hank you, Madam Speaker. Senate Bill 701 is a transparency bill to put more agency data online.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 701? Chair hears none and lays out Senate Bill 701. The clerk will read the bill.
THE THE CLERK: SB701 by Watson. Relating to high-value data sets of state agencies posted on the Internet.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Strama.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 701. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Taylor to explain Senate Bill 735.
REPRESENTATIVE LARRY TAYLOR: Thank you, Madam Chair. SB735 prohibits creditors rights covered by Texas --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 735? Chair hears none and lays out Senate Bill 735. The clerk will read the bill.
THE THE CLERK: SB735 by Carona. Relating to prohibition of certain extra hazardous coverages by title insurance companies.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Taylor.
REPRESENTATIVE LARRY TAYLOR: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 735. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Kleinschmidt to explain Senate Bill 743.
REPRESENTATIVE TIM KLEINSCHMIDT: Thank you. Senate Bill 743 designates a memorial highway.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 743? If not, the Chair hears none and lays out Senate Bill 743. The clerk will read the bill.
THE THE CLERK: SB743 by Hagar. Relating to the designation of a segment of State Highway 71 as the 95th Division Memorial Highway.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Kleinschmidt.
REPRESENTATIVE TIM KLEINSCHMIDT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 743. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Turner to explain Senate Bill 760.
REPRESENTATIVE SYLVESTER TURNER: Senate Bill 760 relates to the government local contracts.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 760? Chair hears none and lays out Senate Bill 760. The clerk will read the bill.
THE THE CLERK: SB760 by West. Relating to the term of interlocal contracts.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: I move adoption.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 760. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Alvarado to explain Senate Bill 767.
REPRESENTATIVE CAROL ALVARADO: Senate Bill 767 would add guidelines for foreclosure consultants who provide services --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 767? Chair hears none and lays out Senate Bill 767. The clerk will read the bill.
THE THE CLERK: SB767 by Ellis. Relating to the regulation of certain residential mortgage foreclosure consulting services; providing a criminal penalty.
REPRESENTATIVE BEVERLY WOOLEY: Clerk will read the amendment.
THE THE CLERK: Amendment by Alvarado.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Alvarado to explain the amendment.
REPRESENTATIVE CAROL ALVARADO: Madam Speaker, the amendment would remove the language adding that a violation of the bill to the deceptive trade practices act, as it does not generally support --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Alvarado.
REPRESENTATIVE CAROL ALVARADO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 767. Is there objection? Chair hears none. So ordered. Chair recognizes Chairman Thompson to explain Senate Bill 789.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker, members, this allows a protective order for a family in a domestic violation abuse --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 789? Chair hears none and lays out Senate Bill 789. The clerk will read the bill.
THE THE CLERK: SB789 by Harris. Relating to the duration of a protective order against family violence.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Jackson.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Thompson to explain the amendment.
REPRESENTATIVE THOMPSON: This will allow the court to enforce the protective order.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? The Chair hears none. So ordered. Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 2789. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain Senate Bill 791.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: Ma dam Speaker, this allows members of the legislature or legislative agency to --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 791? The Chair hears none and lays out Senate Bill 791. The clerk will read the bill.
THE THE CLERK: SB791 by Duncan. Relating to electronic notification of certain state officials and agencies of certain rules and rule-making filings.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 791. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Branch to explain Senate Bill -- The Chair recognizes Representative Larson.
REPRESENTATIVE LYLE LARSON: Yes, members, this relates to the duties of Secretary of State.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 792? Chair hears none and lays out Senate Bill 792. The clerk will read the bill.
THE THE CLERK: SB792 by Duncan. Relating to the duties of the Secretary of State.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Larson.
REPRESENTATIVE LYLE LARSON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 792. Is there objection? Chair hears none. So ordered. The Chair recognizes Representative King of Taylor to explain Senate Bill 796.
REPRESENTATIVE SUSAN REPRESENTATIVE KING: T hank you, Madam Speaker and members. This Senate Bill 798 by Senator Nelson relating to reporting on --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 796? Chair hears none and lays out Senate Bill 796. The clerk will read the bill.
THE THE CLERK: SB796 by Nelson. Relating to reporting on and assessing programs for the prevention and treatment of diabetes in the state.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative King of Taylor.
REPRESENTATIVE SUSAN REPRESENTATIVE KING: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 786. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Geren to explain Senate Bill 799.
REPRESENTATIVE CHARLIE GEREN: Thank you Madam Speaker. This defines the first sale for purposes of taxes and --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 799? The Chair hears none and lays out Senate Bill 799. The clerk will read the bill.
THE THE CLERK: SB799 by nelson. Relating to the definition of "first sale" for purposes of the taxes imposed on certain liquor.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 799. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Scott to explain Senate Bill 802.
REPRESENTATIVE CONNIE SCOTT: Relating to allowing the Aransas County Commissioners Court to charge interest on assessments for certain county road improvements.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of Senate Bill 802? Chair hears none and lays out Senate Bill 802. Clerk will read the bill.
THE THE CLERK: SB802 by Hagar. Relating to the Aransas County Commissioners Court to charge interest on assessments for certain county road improvements.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. Clerk will read the amendment.
THE THE CLERK: Amendment by Hunter.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Scott to explain the amendment.
REPRESENTATIVE CONNIE SCOTT: It's a perfecting amendment, clarifying --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So adopted. Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 852. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Scott to explain Senate Bill 804.
REPRESENTATIVE CONNIE SCOTT: Relating to the revenue of the hotel --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 804? Chair hears none and lays out Senate Bill 804. The clerk will read the bill.
THE THE CLERK: SB804 by Hagar.. Relating to the use of revenue from the hotel occupancy tax by certain counties.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 804. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hardcastle to explain Senate Bill 811.
REPRESENTATIVE RICK REPRESENTATIVE HARDCASTLE: T hank you Madam Speaker. Members, this is just clean up the code on regulation of practice of veterinarian medicine.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 811? Chair hears none and lays out Senate Bill 811. The clerk will read the bill.
THE THE CLERK: SB811 by Zaffirini. Relating to the regulation of practice of veterinary medicine.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK REPRESENTATIVE HARDCASTLE: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 811. Is there objection? Chair hears none. So ordered. The Chair recognizes the Boogie Woogie Bugle Boy from Company B to explain Senate Bill 812.
REPRESENTATIVE RICHARD PENA RAYMOND: Memb ers, this relates to resumption of employment by certain retirees within the Texas Municipal Retirement System.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 812? Chair hears none and lays out Senate Bill 812. The clerk will read the bill.
THE THE CLERK: SB812 by Zaffirini. Relating to resumption of employment by certain retirees within the Texas Municipal Retirement System.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD PENA RAYMOND: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 812. Is there objection? Chair hears none. So ordered. Chair recognizes Chairman Thompson to explain Senate Bill 819.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker, members, this would allow minor sign statements --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 819? Chair hears none and the clerk will lay out Senate Bill 819.
THE THE CLERK: SB819 by Harris. Relating to family violence and protective orders.
REPRESENTATIVE BEVERLY WOOLEY: Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Jackson.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: T his allows any courts in the State of Texas to enforce this.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 819. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Branch to explain Senate Bill 851.
REPRESENTATIVE DAN BRANCH: Thank you Madam Speaker, members, SB851 relates that this Texas grant --
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of Senate Bill 851? Chair hears none and lays out Senate Bill 851. The clerk will read the bill.
THE THE CLERK: SB851 by Zaffirini.. Relating to a uniform deadline for student financial assistance for public institutions of higher education other than public junior colleges.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 8351. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hildebrand to explain Senate Bill 855.
REPRESENTATIVE HARVEY HILDERBRAN: Members , this bill adds electricity matters to the office of public counsel.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 855? Chair hears none and lays out Senate Bill 855. The clerk will read the bill.
THE THE CLERK: SB855 by Duncan. Relating to assistance provided by the Office of Public Utility Counsel to interested parties on certain electricity matters involving certificates of convenience and necessity.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Lon Bernam --
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Burnam?
REPRESENTATIVE LON BURNAM: Madam Chair?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose?
REPRESENTATIVE LON BURNAM: I would like to ask the chairman about the bill.
REPRESENTATIVE BEVERLY WOOLEY: Will you yield, Chairman Hildebrand, for a question?
REPRESENTATIVE HARVEY HILDERBRAN: Yes.
REPRESENTATIVE BEVERLY WOOLEY: Chairman yields.
REPRESENTATIVE LON BURNAM: Thank you, Representative Hildebrand. And thank you for calling my attention since I was distracted. Does this bill clarify the role of the office of the Public Utility Counsel?
REPRESENTATIVE HARVEY HILDERBRAN: Yes.
REPRESENTATIVE LON BURNAM: Does it explicitly allow open to assist the public to assist in procedural matters regarding certificates of conveyance and necessity and applications?
REPRESENTATIVE HARVEY HILDERBRAN: Yes.
REPRESENTATIVE LON BURNAM: And the reason for this is not -- Excuse me -- And the reason for that is to increase the effectiveness of the public participation in that process?
REPRESENTATIVE HARVEY HILDERBRAN: Yes.
REPRESENTATIVE LON BURNAM: Because the SCCC applications are somewhat technical, but can have a great impact on the public, so it helps to provide someone with some expertise to guide the public.
REPRESENTATIVE HARVEY HILDERBRAN: Yes.
REPRESENTATIVE LON BURNAM: And isn't OPEC independent from the PUC?
REPRESENTATIVE HARVEY HILDERBRAN: It is.
REPRESENTATIVE LON BURNAM: Given all of that, does that mean that the public can have some assurance that OPEC will have the public interest as its goal?
REPRESENTATIVE HARVEY HILDERBRAN: Yes.
REPRESENTATIVE LON BURNAM: Then why wouldn't it also make sense for the office of public interest counsel of TCQ to operate in the same way and help the public out in the procedural matters in permit applications or contested case process?
REPRESENTATIVE HARVEY HILDERBRAN: It does. It would.
REPRESENTATIVE LON BURNAM: Thank you.
REPRESENTATIVE HARVEY HILDERBRAN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 855? Chair areas none and lays out -- the question occurs on passage to third reading of Senate Bill 855. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain Senate Bill 867.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M adam Speaker, this just requires agencies to make reasonable exam accommodations --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 867? Chair hears none and lays out Senate Bill 867. The clerk will read the bill.
THE THE CLERK: SB867 by Deuell. Relating to testing accommodations for a person with dyslexia taking a licensing examination administered by a state agency.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 867. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Darby to explain Senate Bill 886.
REPRESENTATIVE DREW DARBY: 929 simply allows the information to be entered into an execution document electronically.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 886? Chair hears none and lays out Senate Bill 886. The clerk will read the bill.
THE THE CLERK: SB886 by Carona. Relating to the execution docket and other records of certain court clerks.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Darby.
REPRESENTATIVE DREW DARBY: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 886. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Schwertner to explain Senate Bill 899.
REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Madam Speaker. This bill lowers the threshold amount requiring legislative approval for a settlement of funding of the state.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of Senate Bill 899? Chair hears none and lays out Senate Bill 899. The clerk will read the bill.
THE THE CLERK: SB899 by Ogden.. Relating to the legislature's consent or approval of a settlement of a claim or action against this state.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Schwertner.
REPRESENTATIVE CHARLES SCHWERTNER: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 899. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Miller of Comal.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: M adam Speaker, members, this bill reforms the ESDs in Texas and provides meaningful changes --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 917? Chair hears none and lays out Senate Bill 917. The clerk will read the bill.
THE THE CLERK: SB917 by Wentworth. Relating to emergency service districts.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Miller of Comal.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 917. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Anderson of McClendon to explain Senate Bill 957. REPRESENTATIVE CHARLES "DOC" ANDERSON: Th ank you, Madam Chair. Members, this bill clarifies some terminology for Waco Center of Youth.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 957? Chair hears none and lays out Senate Bill 957. The clerk will read the bill.
THE THE CLERK: SB957 by Birdwell. Relating to the clarification of terminology relating to the Waco Center for Youth.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Anderson of McClendon. REPRESENTATIVE CHARLES "DOC" ANDERSON: Mo ve passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 957. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Pickett to explain Senate Bill 959.
REPRESENTATIVE JOE PICKETT: Thank you, Madam Chair, this simplifies collection for the agency and the consumer.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 959? Chair hears none and lays out Senate Bill 8959. The clerk will read the bill.
THE THE CLERK: SB959 by Wentworth. Relating to toll collection and enforcement.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Pickett.
REPRESENTATIVE JOE PICKETT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 959. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Pickett to explain Senate Bill 966.
REPRESENTATIVE JOE PICKETT: Thank you, Madam Chair. This allows for a high school --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 966? Chair hears none and lays out Senate Bill 966. The clerk will read the bill.
THE THE CLERK: SB966 by Uresti. Relating to high school diplomas for certain military veterans.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Pickett.
REPRESENTATIVE JOE PICKETT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 966. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Kleinschmidt to explain Senate Bill 987.
REPRESENTATIVE TIM KLEINSCHMIDT: Thank you. Senate Bill 987 allows a broader selection of directors --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 987? Chair hears none and lays out Senate Bill 987. The clerk will read the bill.
THE THE CLERK: SB987 by Hagar. Relating to the term of office and qualifications for a director of the Colorado County Groundwater Conservation District.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Kleinschmidt.
REPRESENTATIVE TIM KLEINSCHMIDT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 987. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Rodriguez to explain Senate Bill 993.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker. Members, this bill requires to create safety child agreements to be place made between parent and caregiver. It includes specific terms --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 993? Chair hears none and lays out Senate Bill 993. The clerk will read the bill.
THE THE CLERK: SB993 by Uresti. Relating to certain arrangements to provide care for a child during an investigation of abuse or neglect.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Thompson.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Thompson to explain the amendment.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker, members, this amendment was brought to us by the Supreme Court and what it does is it just codifies the existing federal requirements for foster care funding.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So moved. Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 9933. Is there objection? Chair hears none. So ordered. Chair calls on Representative Menendez explain Senate Bill 1002.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker and members, Senate Bill 1002 grants burned war veterans that must consistently --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1002? Chair hears none and lays out Senate Bill 1002. Clerk will read the bill.
THE THE CLERK: SB1002 by Van de Putte. Relating to the designation of program costs for providing bill payment assistance to certain military veterans as a necessary operating expense that is a first lien against revenue of certain electric and gas utilities' revenue securing certain public securities or obligations.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Menendez -- Oh, excuse me. Amendment. The clerk will read the amendment. The amendment is withdrawn.
REPRESENTATIVE JOSE MENENDEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1002. Is there objection? Chair hears none. So ordered. Chair calls on Representative Smith of Harris to explain Senate Bill 1003.
REPRESENTATIVE WAYNE SMITH: Members, I would like to postpone Senate Bill 1003 until the end of the Local and Consent Calendar today.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair calls on Representative Naishtat to explain Senate Bill 1026.
REPRESENTATIVE ELLIOTT NAISHTAT: This bill specifies the duties of an Attorney Ad Litem for parents.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1026? Chair hears none and lays out Senate Bill 1026. The clerk will read the bill.
THE THE CLERK: SB1026 by Harris. Relating to the powers and duties of an attorney ad litem appointed for a parent or an alleged father in certain suits affecting the parent-child relationship.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Naishtat.
REPRESENTATIVE ELLIOTT NAISHTAT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1026. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Martinez to explain Senate Bill 1043. REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: T hank you Madam Speaker, members, this is regarding the burn ban.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1043? Chair hears none and lays out Senate Bill 1043. The clerk will read the bill.
THE THE CLERK: SB1043 by Watson. Relating to the criminal penalty for the discarding of certain burning materials.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Martinez. REPRESENTATIVE ARMANDO "MANDO" MARTINEZ: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1043. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Ritter to explain Senate Bill 1044.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: S enate Bill 1044 adds counters to parking --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1044? Chair hears none and lays out Senate Bill 1044. The clerk will read the bill.
THE THE CLERK: SB1044 by Watson. Relating to authorizing counties to finance the acquisition of conservation easements.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Ritter.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1044. Is there objection? Chair hears none. So order. Chair recognizes Representative Pena to explain Senate Bill 1046.
REPRESENTATIVE AARON PENA: Senate Bill 1046 by Duncan requires a secretary of state to --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1046? Chair hears none and lays out Senate Bill 1046. The clerk will read the bill.
THE THE CLERK: SB1046 by Duncan. Relating to information regarding deceased registered voters.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Pena.
REPRESENTATIVE AARON PENA: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1046. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Guillen to explain Senate Bill 1068.
REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, Senate Bill 1068 authorizes --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1068? Chair hears none and lays out Senate Bill 1068. The clerk will read the bill.
THE THE CLERK: SB1068 by Ellis. Relating to the lease of certain state parking facilities to other persons.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1068. Is there objection? Chair hears none. So ordered. Chair calls on Representative Davis of Harris to explain -- Moves to postpone Senate Bill 1069 until June 1st. Is there objection? So ordered. Chair recognizes Representative Strama to explain Senate Bill 1094.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: 1 094 allows for online administration of the GED --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1094? Chair hears none and lays out Senate Bill 1094. The clerk will read the bill.
THE THE CLERK: SB1094 by Rodriguez. Relating to the availability of online testing for high school equivalency examinations.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Strama.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage of Senate Bill 1094 to third reading. Is there objection? Chair hears none. So ordered. Chair recognizes -- Five or more members have objected to consideration of Senate Bill 1098. Therefore, Senate Bill 1098 is withdrawn from the calendar. Chair calls on Representative Carter to explain Senate Bill 1103.
REPRESENTATIVE STEFANI CARTER: Thank you Madam Speaker. Members, I'd like to take up and consider Senate Bill 1103, which relates to the venue of prosecution --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1103? Chair hears none and lays out Senate Bill 1103. The clerk will read the bill.
THE THE CLERK: SB1103 by Carona. Relating to the venue for prosecution of certain theft offenses.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Carter.
REPRESENTATIVE STEFANI CARTER: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1103. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Smith of Tarrant to explain Senate Bill 1114.
REPRESENTATIVE TODD SMITH: Mrs. Speaker, members, Senate Bill 1114 relates to regulation of driver training school.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1114? Chair hears none and lays out Senate Bill 1114. The clerk will read the bill.
THE THE CLERK: SB1114 by Wentworth. Relating to the regulation of driver training schools and instructors.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Smith of Terrant.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Smith to explain the amendment.
REPRESENTATIVE TODD SMITH: Madam Speaker, members, the amendment conforms to the bill, it's identical to the version that was previously passed out of the House.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of the amendment? Chair hears none. So ordered. Chair recognizes Representative Smith of Terrant.
REPRESENTATIVE TODD SMITH: I move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1114. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain Senate Bill 1159.
REPRESENTATIVE WAYNE SMITH: Madam Speaker, Senate Bill 1159 clarifies that spouses of people --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1159? Chair hears none and lays out Senate Bill 1159. The clerk will read the bill.
THE THE CLERK: SB1159 by Wentworth. Relating to an exception to the residency requirements for filing a suit for dissolution of a marriage in this state for certain spouses of military personnel.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JACKSON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1159. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hamilton to explain Senate Bill 1169.
REPRESENTATIVE MIKE HAMILTON: 1169 is a service contract of providers to extend --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1169? Chair hears none, lays out Senate Bill 1169. The clerk will read the bill.
THE THE CLERK: SB1169 by Carona.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hamilton.
REPRESENTATIVE MIKE HAMILTON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1169. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Davis of Harris to explain Senate Bill 1176.
REPRESENTATIVE JOHN E. DAVIS: It's relating to definition of postsecondary programs.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1176? Chair hears none and lays out Senate Bill 1176. The clerk will read the bill.
THE THE CLERK: SB1176 by Jackson. Relating to the definition of a postsecondary program in regard to non-baccalaureate career schools and colleges.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Davis of Harris.
REPRESENTATIVE JOHN E. DAVIS: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1176. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Harper Brown on Senate Bill 1179. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. Members, this is the repeal bill this eliminates unnecessary reports that agencies receive.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1179? Chair hears none and lays out Senate Bill 1179. The clerk will read the bill.
THE THE CLERK: SB1179 by Nelson. Relating to the elimination of certain required reports prepared by state agencies and institutions of higher education and other obsolete provisions of law.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes -- Oh, amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Harper Brown.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Harper Brown to explain the amendment. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. Members, this amendment will put a few reports back that receiving agencies think they needed.
REPRESENTATIVE LOIS KOLKHORST: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mrs. Kolkhorst?
REPRESENTATIVE LOIS KOLKHORST: Will the lady yield?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield for a question? REPRESENTATIVE LINDA HARPER-BROWN: Yes, I do yield for a question.
REPRESENTATIVE BEVERLY WOOLEY: Lady yields.
REPRESENTATIVE LOIS KOLKHORST: Representa tive, just in looking at quite a lot of what you have repealed here, and I know some of it is in higher education and I just I know Chairman Branch has worked on some elimination and some duties, and I just want to make sure that we're not in any way thwarting transparency. REPRESENTATIVE LINDA HARPER-BROWN: No, actually, we're trying to improve transparency because what we want are reports that are necessary and available to the people to read. And there are so many reports right now, there are actually thousands in the book of reports that we -- that this committee goes through to try to eliminate those that are unnecessary, which makes those others more pertinent, because it give then -- allows people to have the opportunity to read those that are very necessary.
REPRESENTATIVE LOIS KOLKHORST: Well, and in looking at that, and I know that you're somebody that's championed transparency, and I tried to do as such, I just want to make sure that we're being thorough, and I think we've run across some hiccups, even Appropriations this year, where we have certain areas that are handling money for us, and we're never even really been able to see what that money is. And I'm looking forward to working with you in advancing transparency and getting rid of the obsolete reports, but in no way, you know, again, kind of compromising the information we get to make good decisions on this House floor. REPRESENTATIVE LINDA HARPER-BROWN: And absolutely. You and I are in agreement with that.
REPRESENTATIVE LOIS KOLKHORST: Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration --
REPRESENTATIVE DAN BRANCH: Madam Speaker, I want to follow-up on questions.
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Branch?
REPRESENTATIVE DAN BRANCH: Will you yield for a question? REPRESENTATIVE LINDA HARPER-BROWN: Yes.
REPRESENTATIVE BEVERLY WOOLEY: Yes, the lady yields.
REPRESENTATIVE DAN BRANCH: I know that the caption involves agencies and institutions of high ed. Is it primarily agencies? REPRESENTATIVE LINDA HARPER-BROWN: It's primarily agencies, but it is reviewed by a committee to -- and it's those reports that are unnecessary to a specific area. It may still be that the report has to be done for other people, but maybe the governor doesn't need to see it or maybe the legislature or someone within this working group has deemed it not necessary that they receive the report.
REPRESENTATIVE DAN BRANCH: And this has worked out and Higher Ed is okay, in addition to our Senate Bill? REPRESENTATIVE LINDA HARPER-BROWN: Yes, yes. The agencies approve of what has to be done.
REPRESENTATIVE DAN BRANCH: Okay. Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of the amendment? The Chair hears none. So ordered. Chair recognizes Representative Harper Brown. REPRESENTATIVE LINDA HARPER-BROWN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1179. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gooden to explain Senate Bill 1185.
REPRESENTATVIE LANCE GOODEN: Madam Speaker, members, this is a Henderson county local hotel, motel tax bill.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1185? Chair hears none and lays out Senate Bill 1185. The clerk will read the bill.
THE THE CLERK: SB1185 by Nichols. Relating to the authority of certain counties to impose a hotel occupancy tax for the operation and maintenance of a fairground in the county.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Gooden.
REPRESENTATVIE LANCE GOODEN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1185. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hartnett to explain Senate Bill 1196.
REPRESENTATIVE WILL HARTNETT: This is the State Bar's Guardianship Bill.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1196? Chair hears none and lays out Senate Bill 1196. The clerk will read the bill.
THE THE CLERK: SB1196 by Rodriguez. Relating to guardianships and alternatives to guardianship for persons who have physical disabilities or who are incapacitated.
REPRESENTATIVE BEVERLY WOOLEY: An amendment. Clerk will read the amendment.
THE THE CLERK: Amendment by Madden.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hartnett to explain the amendment.
REPRESENTATIVE WILL HARTNETT: This is guardianship that passed the House, and -- I know, on another bill.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adopt -- The question occurs on adoption of the amendment. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1196. Is there objection? Chair hears none. So ordered. Chair calls on Representative Hartnett to explain Senate Bill 1198.
REPRESENTATIVE WILL HARTNETT: This is the State Bar's bill regarding the decedents of estates.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1198? The Chair hears none and lays out Senate Bill 1198. The clerk will read the bill.
THE THE CLERK: SB1198 by Rodriguez. Relating to decedents' estates.
REPRESENTATIVE BEVERLY WOOLEY: The amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Hartnett.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hartnett to explain the amendment.
REPRESENTATIVE WILL HARTNETT: This is a probate code provision that already passed the House on another bill.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to the adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1198. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Marquez to explain Senate Bill 1209.
REPRESENTATIVE MARISA MARQUEZ: SB1209 allows the juvenile Bar to allow counties to have youth --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1209? Chair hears none and lays out Senate Bill 1209. The clerk will read the bill.
THE THE CLERK: SB1209 by Wentworth. Relating to the detention of certain juvenile offenders.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Marquez.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Marquez to explain the amendment.
REPRESENTATIVE MARISA MARQUEZ: This amendment corrects a drafting error and moves the exact same text to a stand alone position in the code, that nothing will change about the bill.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Marquez.
REPRESENTATIVE MARISA MARQUEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1209. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hartnett to explain Senate Bill 1216.
REPRESENTATIVE BORRIS MILES: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Miles?
REPRESENTATIVE BORRIS MILES: Will the gentleman yield?
REPRESENTATIVE BEVERLY WOOLEY: Will you yield?
REPRESENTATIVE WILL HARTNETT: I yield.
REPRESENTATIVE BEVERLY WOOLEY: The gentleman yields.
REPRESENTATIVE BORRIS MILES: Madam Speaker, I intend to talk the entire time of this bill.
REPRESENTATIVE BEVERLY WOOLEY: I'm sorry?
REPRESENTATIVE BORRIS MILES: I intend to talk the entire time on this bill.
REPRESENTATIVE BEVERLY WOOLEY: You intend to talk for ten minutes?
REPRESENTATIVE BORRIS MILES: Yes, ma'am, I do.
REPRESENTATIVE WILL HARTNETT: I move to postpone this bill until the end of the calendar.
REPRESENTATIVE BEVERLY WOOLEY: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gonzalez of Hidalgo to explain Senate Bill 1220.
REPRESENTATIVE VERONICA GONZALES: Thank you. This bill extends the sunset bill on the Advisory Committee that studies great disparities between border --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1220? Chair hears none and lays out Senate Bill 1220. The clerk will read the bill.
THE THE CLERK: SB1220 by Hinojosa. Relating to the advisory committee on Medicaid and child health plan program rate and expenditure disparities between the Texas-Mexico border region and other areas of the state.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Gonzalez of Hidalgo.
REPRESENTATIVE VERONICA GONZALES: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1220. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Jackson to explain Senate Bill 1228.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M adam speaker, this allows county and district clerks to electronically file into continued --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1228? Chair hears none and lays out Senate Bill 1228. Clerk will read the bill.
THE THE CLERK: SB1228 by Hagar. Relating to the duties of district clerks regarding certain electronic filing systems.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1228. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Laubenberg to explain Senate Bill 1231.
REPRESENTATIVE JODIE LAUBENBERG: It's a health spa technical clean up.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill --
REPRESENTATIVE JODIE LAUBENBERG: Move passage.
REPRESENTATIVE BORRIS MILES: Mrs. Speaker -- Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Miles?
REPRESENTATIVE BORRIS MILES: Will the lady yield?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield, Mrs. Laubenberg?
REPRESENTATIVE BORRIS MILES: Madam Speaker, I intend to talk the entire time of this whole bill.
REPRESENTATIVE BEVERLY WOOLEY: Representa tive Laubenberg moves to withdraw Senate Bill 1231 until the end of the calendar.
REPRESENTATIVE BORRIS MILES: Thank you, Representative.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection? Chair hears none. So ordered. Chair recognizes Representative Coleman to explain Senate Bill 1233.
REPRESENTATIVE GARNET F. COLEMAN: Thank you, Madam Speaker. SB1233 deals with county efficiencies.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1233? Chair hears none and lays out Senate Bill 1233.
THE THE CLERK: SB1233 by West . Relating to the promotion of efficiencies in and the administration of certain district court and county services and functions.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Coleman.
REPRESENTATIVE BEVERLY WOOLEY: Chair calls on Representative Coleman to explain the amendment.
REPRESENTATIVE GARNET F. COLEMAN: Thank you very much. What this amendment does is to strike the section in the committee report and renumbers according.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Coleman.
REPRESENTATIVE GARNET F. COLEMAN: Move adoption.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1233. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Marquez to explain Senate Bill 1234.
REPRESENTATIVE MARISA MARQUEZ: This is --
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative -- Chairman Thompson to explain Senate Bill 1234.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker, members, 1234 only adds to a list of things that can be considered to this within this industry --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1234? Chair hears none and lays out Senate Bill 1234. The clerk will read the bill.
THE THE CLERK: Senate bill 1234 by West. Relating to municipal management districts.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Chairman Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1234. Is there objection? Chair hears none. So ordered. Chair calls on Representative Perry to explain Senate Bill 1271.
REPRESENTATIVE CHARLES PERRY: Thank you, Madam Speaker. Members, this bill adds to alternative dispute resolution systems established by counties.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1271? Chair hears none and lays out Senate Bill 1271. The clerk will read the bill.
THE THE CLERK: SB1271 by Duncan. Relating to alternative dispute resolution systems established by counties.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Perry.
REPRESENTATIVE CHARLES PERRY: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1271. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hamilton to explain Senate Bill 1273.
REPRESENTATIVE MIKE HAMILTON: This bill removes the current requirements of DPS registration --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1273? Chair hears none and lays out Senate Bill 1273. Clerk will read the bill.
THE THE CLERK: SB1273 by Williams. Relating to the lawful manufacture, distribution, and possession of and prescriptions for controlled substances under the Texas Controlled Substances Act.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hamilton.
REPRESENTATIVE MIKE HAMILTON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1273. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Fletcher to explain Senate Bill 1292.
REPRESENTATIVE ALLEN FLETCHER: Madam Speaker, members, Senate Bill 1292 allows Texas peace officers to use an alternate --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1292? Chair hears none and lays out Senate Bill 1292. The clerk will read the bill.
THE THE CLERK: SB1292 by Hagar. Relating to the issuance of a driver's license to a peace officer that includes an alternative to the officer's residence address.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1292. Is there objection? Chair hears none. So ordered. Chair recognizes Representative McClendon to explain Senate Bill 1308.
REPRESENTATIVE RUTH JONES MCCLENDON: Madam Speaker, members, this bill allows for the review of those who are no longer eligible to receive indigent --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1308? Chair hears none and lays out Senate Bill 1308. The clerk will read the bill.
THE THE CLERK: SB1308 by Seliger. Relating to the standards for attorneys representing indigent defendants in capital cases.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1308. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hildebrand to explain Senate Bill 1322.
REPRESENTATIVE HARVEY HILDERBRAN: This bill deals with county juvenile boards in four counties.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1322? The Chair hears none and lays out Senate Bill 1322. The clerk will read the bill.
THE THE CLERK: SB1322 by Fraser. Relating to the operation of the Kimble County, McCulloch County, Mason County, and Menard County Juvenile Boards.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1322. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Naishtat to explain Senate Bill 1330.
REPRESENTATIVE ELLIOTT NAISHTAT: Members, this bill gives judges an option to order young people who have completed drivers --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1330? Chair hears none and lays out Senate Bill 1330. The clerk will read the bill.
THE THE CLERK: SB1330 by Watson. Relating to driving safety courses for individuals younger than 25 years of age receiving deferred disposition for certain traffic offenses.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Naishtat.
REPRESENTATIVE ELLIOTT NAISHTAT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1330. Is there objection? Chair hear none. So ordered. Chair recognizes Representative Hardcastle to explain Senate Bill 1361.
REPRESENTATIVE RICK REPRESENTATIVE HARDCASTLE: Ma dam Speaker, I move to postpone 1361 until the end of today's calendar.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Davis of Dallas to explain Senate Bill 1404.
REPRESENTATIVE YVONNE DAVIS: Thank you, Mrs. -- Madam Speaker and members. SB1404 deals with the deadline for filing a suit --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1404? Chair hears none and lays out Senate Bill 1404. The clerk already read the bill.
THE THE CLERK: SB1404 by Hinojosa. Relating to the deadline for filing a suit to compel an appraisal review board to change an appraisal roll.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Davis of Dallas.
REPRESENTATIVE YVONNE DAVIS: Move adoption.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1404. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Kleinschmidt to explain Senate Bill 1413.
REPRESENTATIVE TIM KLEINSCHMIDT: Members, Senate Bill 1413 equalizes hotel and motel taxes across the county.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1413? Chair hears none and lays out Senate Bill 1413. Clerk will read the bill.
THE THE CLERK: SB1413 by Hagar. Relating to the authority of certain counties to impose a county hotel occupancy tax and to the rate of the tax.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Kleinschmidt.
REPRESENTATIVE TIM KLEINSCHMIDT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1413. Is there objection? Chair hears none. So order. Chair recognizes Representative Schwertner to explain Senate Bill 1421.
REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Madam Speaker. This bill enhances state revenue from projects awarded --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1421? Chair hears none and lays out Senate Bill 1421. The clerk will read the bill.
THE THE CLERK: SB1421 by Nelson. Relating to the awarding of grants provided by the Cancer Prevention and Research Institute of Texas.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Schwertner.
REPRESENTATIVE CHARLES SCHWERTNER: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1421. Is there objection? Chair hears none. So order. Chair recognizes Representative Truitt for an announcement.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T hank you Madam Speaker, members. Members, would you please help me recognize and welcome a couple of constituents from South Lake. Karen and Kyle Oakerson in the north gallery, welcome to your House. Proud to be here for you.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hopson to explain Senate Bill 1438.
REPRESENTATIVE CHUCK HOPSON: This allows State Board of Pharmacy to address mental --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1438? Chair hears none and lays out Senate Bill 1438. Clerk will read the bill.
THE THE CLERK: SB1438 by Van de Putte. Relating to the program for impaired pharmacists and disciplinary proceedings conducted by the Texas State Board of Pharmacy.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hopson.
REPRESENTATIVE CHUCK HOPSON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1438. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Davis of Dallas to explain Senate Bill 1441.
REPRESENTATIVE YVONNE DAVIS: Madam Speaker, members, this deals with correction of ad valorem tax --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1441? Chair hears none and lays out Senate Bill 1441. The clerk will read the bill.
THE THE CLERK: SB1441 by Ellis. Relating to the correction of ad valorem tax appraisal roll.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Davis of Dallas.
REPRESENTATIVE YVONNE DAVIS: Move adoption.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1441. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Raymond to explain Senate Bill 1449.
REPRESENTATIVE RICHARD PENA RAYMOND: Mada m Speaker, this relates to an alternative method of satisfying certain --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1449? Chair hears none and lays out Senate Bill 1449. The clerk will read the bill.
THE THE CLERK: SB1449 by Zaffirini. Relating to an alternative method of satisfying certain licensing requirements for chemical dependency treatment facilities.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD PENA RAYMOND: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1449. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Darby to explain Senate Bill 1480.
REPRESENTATIVE DREW DARBY: This involves the regulation of exotic aquatic plants.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1480? Chair hears none and lays out Senate Bill 1480. Clerk will read the bill.
THE THE CLERK: SB1480 by Hagar. Relating to the regulation of exotic aquatic species by the Parks and Wildlife Department; providing penalties.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Darby.
REPRESENTATIVE DREW DARBY: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1480. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Farias to explain Senate Bill 1493.
REPRESENTATIVE JOE FARIAS: Madam Chair, 1493 just makes up the board of city south --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1493? Chair hears none and lays out Senate Bill 1493. The clerk will read the bill.
THE THE CLERK: SB1493 by Uresti. Relating to the directors of a defense base management authority and to a study on the effectiveness of the authority.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Farias.
REPRESENTATIVE JOE FARIAS: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1493. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gallego for a motion regarding Senate Bill 1521.
REPRESENTATIVE PETE P. GALLEGO: Thank you Madam Speaker, I would like to move to add Representative Garzas' name as one of the cosponsors of the bill before we consider it.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gallego to explain Senate Bill 1521.
REPRESENTATIVE PETE P. GALLEGO: Thank you, Madam Speaker. Senate Bill 1571 is relating to the appropriations of -- from municipal court buildings and the municipal court building security funds.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1521? Chair hears none and lays out Senate Bill 1521. The clerk will read the bill.
THE THE CLERK: SB1521 by Uresti. Relating to the distribution of money appropriated from a municipal court building security fund.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE P. GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1521. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Madden to explain Senate Bill 1522.
REPRESENTATIVE JERRY MADDEN: Members, the bill deals with pleas in criminal cases by defendants that are confined in a penal institution. I move.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1522? Chair hears none and lays out Senate Bill 1522. The clerk will read the bill.
THE THE CLERK: SB1522 by Hinojosa. Relating to the entering of a plea in a criminal case by a defendant confined in a penal institution.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1522. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Strama to explain Senate Bill 1557.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hank you, Madam Speaker. This creates a high performance school consortium that will be able to innovate and --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1557? Chair hears none and lays out Senate Bill 1557. The clerk will read the bill.
THE THE CLERK: SB1557 by Carona. Relating to the Texas High Performance Schools Consortium.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Strama.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1557. Is there objection? Chair hears none. So ordered. Chair recognizes Representative King of Parker to explain Senate Bill 1600.
REPRESENTATIVE PHIL REPRESENTATIVE KING: M embers, this clarifies peace officers can be employed by private security companies.
REPRESENTATIVE BEVERLY WOOLLEY: Is there objection to consideration of Senate Bill 1600? Chair hears none and lays out Senate Bill 1600. The clerk will read the bill.
THE THE CLERK: SB16500 by Whitmire. Relating to the registration of peace officers as private security officers.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative King of Parker.
REPRESENTATIVE KING: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1600. Is there objection? Chair hears none. So ordered. Chair calls on Representative Hamilton to explain Senate Bill 1610.
REPRESENTATIVE MIKE HAMILTON: 1610 will clarify and simplify the reimbursement provision --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1610? Chair hears none and lays out Senate Bill 1610. The clerk will read the bill.
THE THE CLERK: SB1610 by Lucio. Relating to seat belt requirements for certain vehicles.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hamilton.
REPRESENTATIVE MIKE HAMILTON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1610. Is there objection? Chair hears none. So ordered. Chair recognize Representative Brown to explain Senate Bill 1613. Chair recognizes Representative Patrick to explain Senate Bill 1613.
REPRESENTATVIE DIANE PATRICK: Thank you, Madam Chair. Senate Bill 1613 relates to application of public meetings and public information --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1613? Chair hears none and lays out Senate Bill 1613. The clerk will read the bill.
THE THE CLERK: SB1613 by Ogden. Relating to the application of the public meetings and public information laws to public power utilities.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Patrick.
REPRESENTATVIE DIANE PATRICK: I move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1613. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gallego to explain Senate Bill 1616.
REPRESENTATIVE PETE P. GALLEGO: Thank you, Madam Speaker. Senate Bill 1616 relates to this collection as far as preservation --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1616? Chair hears none and lays out Senate Bill 1616.
THE THE CLERK: SB1616 by Watson. Relating to the collection, storage, preservation, analysis, retrieval, and destruction of biological evidence.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Hartnett.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Gallego to explain the amendment.
REPRESENTATIVE PETE P. GALLEGO: Thank you, Madam Speaker. This is a perfecting amendment that makes the bill better, so I move adoption.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Gallego.
REPRESENTATIVE PETE P. GALLEGO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1616. Is there objection? Chair hears none. So ordered. Chair recognizes Representative McClendon to explain Senate Bill 1636.
REPRESENTATIVE RUTH JONES MCCLENDON: This bill establishes a standard for Texas that will create uniformity.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1636? Chair hears none and lays out Senate Bill 1636. The clerk will read the bill.
THE THE CLERK: SB1636 by Davis. Relating to the collection, analysis, and preservation of sexual assault or DNA evidence.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1636. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Geren to explain Senate Bill 1638. Chair recognizes Representative Aycock to explain Senate Bill 1638.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: 1 638 provides protections for persons of certain information required --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1638? Chair hears none and lays out Senate Bill 1638. The clerk will read the bill.
THE THE CLERK: SB1638 by Davis. Relating to the exception of certain personal information from required disclosure under the public information law.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Aycock.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1638. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Margo to explain Senate Bill 1649.
REPRESENTATIVE DEE MARGO: We have an amendment for Senate Bill 1649. This is a border prosecution unit.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1649? Chair hears none and lays out House Bill -- Excuse me, Senate Bill 1649. The clerk will read the bill.
THE THE CLERK: SB1649 by Watson. Relating to a grant program to support the prosecution of certain crimes.
REPRESENTATIVE BEVERLY WOOLEY: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by --
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Margo to explain the amendment.
REPRESENTATIVE DEE MARGO: The amendment -- The amendment just locks in the counties that are being covered by the board of prosecution --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Amendment is adopted. Chair recognizes Representative Margo.
REPRESENTATIVE DEE MARGO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1649. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Anchia to explain Senate Bill 1686.
REPRESENTATIVE RAFAEL REPRESENTATIVE ANCHIA: T hank you, this is our health care for exonerees bill.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1686? The Chair hears none and lays out Senate Bill 1686. The clerk will read the bill.
THE THE CLERK: SB1686 by Ellis. Relating to group health benefits coverage for persons wrongfully imprisoned.
REPRESENTATIVE BEVERLY WOOLEY: An amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Anchia.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Anchia to explain the amendment.
REPRESENTATIVE RAFAEL REPRESENTATIVE ANCHIA: Y es, this just makes sure that it's on September 1st, 2012.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. The amendment is adopted. Chair recognizes Representative Anchia.
REPRESENTATIVE ANCHIA: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1686. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Callegari to explain Senate Bill 16898.
REPRESENTATIVE BILL CALLEGARI: Members, House Bill 1698 would require each county to submit each
(inaudible) to a report of commission.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration --
REPRESENTATIVE LON BURNAM: Madam Chair?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Burnam?
REPRESENTATIVE LON BURNAM: Would the author of the bill entertain some questions, please?
REPRESENTATIVE BEVERLY WOOLEY: Would you -- Will you yield, Mr. Callegari?
REPRESENTATIVE BILL CALLEGARI: Yes.
REPRESENTATIVE BEVERLY WOOLEY: The gentleman yields for some questions.
REPRESENTATIVE LON BURNAM: Thank you. It's not my intention of the bill, I just want to get some clarifications.
REPRESENTATIVE BILL CALLEGARI: Sure.
REPRESENTATIVE LON BURNAM: Representative Callegari, could you explain to me who the reporting is supposed to go to?
REPRESENTATIVE BILL CALLEGARI: I have to check.
REPRESENTATIVE LON BURNAM: Let me ask you the question another way. This is important legislation, I understand it. But do you understand that already federal the government provides reimbursements, as there is an accounting procedure right now. They provide reimbursements to counties through the state, criminal, alien assistance program.
REPRESENTATIVE BILL CALLEGARI: Yes, I have become aware of that.
REPRESENTATIVE LON BURNAM: Do you know that Tarrant County, my home county. Received almost half a million dollars in fiscal year 2010 through this program?
REPRESENTATIVE BILL CALLEGARI: I did not know that, but I'm sure that's accurate if you say so.
REPRESENTATIVE LON BURNAM: Are you aware that the state criminal alien assistance program provides payments to state and local governments to concur correctional officers salary cost for incarcerating undocumented immigrants, but they do not cover the costs for the actual housing.
REPRESENTATIVE BILL CALLEGARI: That's what I understand, from your comments, yes.
REPRESENTATIVE LON BURNAM: And this only applies to people who are incarcerated for four days or more. This only applies to people that are incarcerated for four consecutive days.
REPRESENTATIVE BILL CALLEGARI: I have to say that I'm not specifically advised about that, but if you say that's the case, I am certain that it is.
REPRESENTATIVE LON BURNAM: Are you aware that the local immigrant enforcement office's efforts tend to disproportionately impact individuals who are arrested on low level, nonviolent offenses such as what has occurred in Irving, Texas?
REPRESENTATIVE BILL CALLEGARI: Again, I'm not advised about that.
REPRESENTATIVE LON BURNAM: Would you agree that the state criminal alien assistance program reimbursements are partial at best?
REPRESENTATIVE BILL CALLEGARI: Yes.
REPRESENTATIVE LON BURNAM: They only compensate for officer time, they don't compensate for the overall cost of incarceration or housing?
REPRESENTATIVE BILL CALLEGARI: Yes, that's correct.
REPRESENTATIVE LON BURNAM: Do you believe, as I do, that our local governments are doing the work of the federal government and losing money in the process?
REPRESENTATIVE BILL CALLEGARI: I think that is the case and part of the purpose of this bill is to try to help get reimbursements to those locations.
REPRESENTATIVE LON BURNAM: Thank you.
REPRESENTATIVE BILL CALLEGARI: Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1698? Chair hears none and lays out Senate Bill 1698. The clerk will read the bill.
THE THE CLERK: SB1698 by Williams. Relating to reporting concerning inmates who are confined in county jails and subject to federal immigration detainers.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1698. Is there objection? Chair hears none. So ordered. Chair calls on Representative Branch to explain Senate Bill 1726.
REPRESENTATIVE DAN BRANCH: Madam Speaker, members, SB1726 will help to aid statewide compacts for under -- courses --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1726? Chair hears none and lays out Senate Bill 1726. The clerk will read the bill.
THE THE CLERK: SB1726 by Zaffirini. Relating to the development of measurable learning outcomes for undergraduate courses at public institutions of higher education.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1726. Is there objection? Chair hears none. So ordered. Chair calls on Representative Menendez to explain Senate Bill 1733.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker. Members, Senate Bill 1733 makes it easier for military spouses to obtain occupational licenses as they move from state to state so that they can get their jobs sooner.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1733? Chair hears none and lays out Senate Bill 1733. The clerk will read the bill.
THE THE CLERK: SB1733 by Van de Putte. Relating to the occupational licensing of spouses of members of the military.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLLEY: The question occurs on passage to third reading of Senate Bill 1733. Is there objection? Chair hear none. So ordered. Chair recognizes Representative Flynn to explain Senate Bill 1737.
REPRESENTATIVE DAN FLYNN: Senate Bill 1737, aligns military lead with the State of Texas with a federal program.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1737? The Chair hears none and lays out Senate Bill 1737. The clerk will read the bill.
THE THE CLERK: SB1737 by Van de Putte. Relating to accrual and use of leave of absence for certain training or duty, including military training or duty, by public employees and officers.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Flynn.
REPRESENTATIVE DAN FLYNN: I move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1737. Is there objection? Chair hears none. So ordered. Chair recognizes Chairman Thompson to explain Senate Bill 1751.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: T his is another option on considering the child support --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1751? Chair hears none and lays out Senate Bill 1751. The clerk will read the bill.
THE THE CLERK: SB1751 by Uresti. Relating to calculation of the net resources of a person ordered to pay child support.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Chairman Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1751. Is there objection? Chair hears none. So ordered. Chair calls on Representative Oliveira to explain Senate Bill 1760. Chair recognizes Representative Lozano to explain Senate Bill 1760.
REPRESENTATIVE JOSE MANUEL LOZANO: Thank you Madam Speaker and members, this bill deals with water requirements selling in residential property.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1760? Chair hears none and lays out Senate Bill 1760. The clerk will read the bill.
THE THE CLERK: SB1760 by Lucio. Relating to notice of water and wastewater requirements before certain sales of certain residential properties.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Lozano.
REPRESENTATIVE JOSE MANUEL LOZANO: There is an amendment.
REPRESENTATIVE BEVERLY WOOLEY: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Oliveira.
REPRESENTATIVE BEVERLY WOOLEY: Chair calls on Representative Lozano to explain the amendment.
REPRESENTATIVE JOSE MANUEL LOZANO: This amendment has just a little bit of clarifying language to this bill.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to adoption of the amendment? Chair hears none. So ordered. Chair recognizes Representative Lozano on his birthday.
REPRESENTATIVE JOSE MANUEL LOZANO: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1760. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Fletcher Martinez Fischer -- Fletcher to explain Senate Bill 1787.
REPRESENTATIVE ALLEN FLETCHER: Madam Speaker, members, this bill will update transportation code to include statutory language that --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1787? Chair hears none and lays out Senate Bill 1787. The clerk will read the bill.
THE THE CLERK: SB1787 by Patrick. Relating to the information provided by a peace officer before requesting a specimen to determine intoxication.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1787. Is there objection? Chair hears none. So ordered. Chair calls on Representative Bohac to explain Senate Bill 1789.
REPRESENTATIVE DWAYNE BOHAC: Mrs. Speaker , members, this bill merely extends some current homeowner's protections to Houston's ETJ.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1789? Chair hears none and lays out Senate Bill 1789. The clerk will read the bill.
THE THE CLERK: SB1789 by Patrick . Relating to platting requirements affecting subdivision golf courses in certain counties.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Bohac.
REPRESENTATIVE DWAYNE BOHAC: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1789. Is there objection? Chair hears none. So ordered. Chair recognizes Birthday Boy Lozano to explain Senate Bill 1807.
REPRESENTATIVE JOSE MANUEL LOZANO: Thank you, Madam Speaker. Members, this bill just deals with a local court in my district to expand.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1807?
REPRESENTATIVE JOHN KUEMPEL: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Kuempel?
REPRESENTATIVE JOHN KUEMPEL: Feliz cumpleanos, Representative Pepito.
REPRESENTATIVE JOSE MANUEL LOZANO: Gracias , Representative Kuempel.
REPRESENTATIVE NAOMI GONZALEZ: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Gonzalez?
REPRESENTATIVE NAOMI GONZALEZ: Will the gentleman yield?
REPRESENTATIVE JOSE MANUEL LOZANO: Yes.
REPRESENTATIVE BEVERLY WOOLEY: The gentleman yields.
REPRESENTATIVE NAOMI GONZALEZ: It's my intent to speak for the full ten minutes of his time. I'm kidding. Happy birthday.
REPRESENTATIVE JOSE MANUEL LOZANO: Thank you, really, thank you.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1807? Chair hears none and lays out Senate Bill 1807. The clerk will read the bill.
THE THE CLERK: SB1807 by Lucio. Relating to the composition of the 444th Judicial District.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Lozano.
REPRESENTATIVE JOSE MANUEL LOZANO: Thank you, members. Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1807. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE DAN BRANCH: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Branch?
REPRESENTATIVE DAN BRANCH: Do you think, given that Chairman Raymond has shown us his skills in this area, that it would be appropriate for him to sing happy birthday to Representative Lozano?
REPRESENTATIVE BEVERLY WOOLEY: I think that's probably good idea. Would you sing happy birthday to Representative Lozano, Representative Raymond?
REPRESENTATIVE RICHARD PENA RAYMOND: Happ y birthday to you, happy birthday to you, happy birthday, Jay Lozano, baby; happy birthday to you. Thank you very much.
REPRESENTATIVE JERRY MADDEN: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Madden?
REPRESENTATIVE JERRY MADDEN: Has Elvis left the building?
REPRESENTATIVE BEVERLY WOOLEY: A long time ago. Chair recognizes Representative Hamilton to explain Senate Bill 1812.
REPRESENTATIVE MIKE HAMILTON: I don't even know what this says, this has criminal investigation for real estate agents.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1812? Chair hears none and lays out Senate Bill 1812. The clerk will read the bill.
THE THE CLERK: SB1812 by Nichols. Relating to criminal history record information of certain applicants for a certificate of registration issued by the Texas Real Estate Commission.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hamilton.
REPRESENTATIVE MIKE HAMILTON: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1812. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Raymond to sing Senate Bill 1816.
REPRESENTATIVE RICHARD PENA RAYMOND: Mada m Speaker, members, I move to postpone Senate Bill 1816 to a time certain of 3:00 p.m. May 23rd, 2011. Thank you very much.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Truitt to explain Senate Bill 1857.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T hank you, Madam Speaker. Members, this bill is a very large response staff codifies certain practices related to the administration of medication for persons with --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1857? Chair hears none and lays out Senate Bill 1857. Clerk will read the bill.
THE THE CLERK: SB1857 by Zaffirini. Relating to the administration of medication for persons with intellectual and developmental disabilities.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1857. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Munoz to explain Senate Bill 1875. REPRESENTATIVE SERGIO MUNOZ, JR.: Thank you, Madam Speaker. Members, this deals with the governing powers and body --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1875? Chair hears none and lays out Senate Bill 1875. The clerk will read the bill.
THE THE CLERK: SB1875 by Hinojosa. Relating to the governing body and the powers of the Agua Special Utility District.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Munoz. REPRESENTATIVE SERGIO MUNOZ, JR.: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1875. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Howard of Fort Bend to explain Senate Bill 1880.
REPRESENTATIVE CHARLIE HOWARD: Imperial Redevelopment District.
REPRESENTATIVE BEVERLY WOOLEY: Is there any objection to consideration of Senate Bill 1880? If not, the Chair lays out Senate Bill 1880. The clerk will read the bill.
THE THE CLERK: SB1880 by Huffman. Relating to the powers and duties of the Imperial Redevelopment District; providing authority to impose a tax and issue bonds.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Howard of Fort Bend.
REPRESENTATIVE CHARLIE HOWARD: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1880. Is there objection? Chair hears none. So ordered. Chair calls on Representative Smith of Tarrant to explain Senate Bill 1887.
REPRESENTATIVE TODD SMITH: Madam Speaker, members, Senate Bill 1887 allows judges in Tarrant County to appoint one of their bailiffs.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1887? Chair hears none and lays out Senate Bill 1887. The clerk will read the bill.
THE THE CLERK: SB1887 by Harris. Relating to the appointment of bailiffs in certain county criminal courts of Tarrant County.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Smith of Terrant.
REPRESENTATIVE TODD SMITH: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1887. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Geren to lay out Senate Bill or to explain Senate Bill 1907.
REPRESENTATIVE CHARLIE GEREN: Thank you, Madam Speaker. Senate Bill 1907 changes the release of archaic information from one hundred years down to 75 years.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection of consideration --
REPRESENTATIVE LON BURNAM: May I ask a question, Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Burnam?
REPRESENTATIVE LON BURNAM: Madam Speaker, may I ask Representative Geren a question?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield, Mr. Geren?
REPRESENTATIVE CHARLIE GEREN: Yes, ma'am, I do.
REPRESENTATIVE BEVERLY WOOLEY: Gentleman yields.
REPRESENTATIVE LON BURNAM: Thank you. Chairman Geren, would you explain very distinctly you know my favorite archivist in the State is also my wife. And I just need to be able to explain to her what you did today.
REPRESENTATIVE CHARLIE GEREN: As I've already explained, we're changing it from one hundred years to 75 years when this information can be released.
REPRESENTATIVE LON BURNAM: And so that means that people will have access to this information to be able to do more thorough research?
REPRESENTATIVE CHARLIE GEREN: Twenty-five years earlier.
REPRESENTATIVE LON BURNAM: Great bill.
REPRESENTATIVE CHARLIE GEREN: Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1907? Chair hears none and lays out Senate Bill 1907. The clerk will read the bill.
THE THE CLERK: SB1907 by Wentworth. Relating to access to certain archaic information.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1907. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Rodriguez to explain Senate Bill 1914.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker. This bill creates southeast Travis MUD No. 2.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1914? Chair hears none and lays out Senate Bill 1914. The clerk will read the bill.
THE THE CLERK: SB1914 by Watson. Relating to the creation of the Southeast Travis County Municipal Utility District No. 2; providing authority to impose a tax and issue bonds.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage to third reading of Senate Bill 1914. Is there objection? Chair hears none. So ordered. Chair calls on Representative Rodriguez to explain Senate Bill 1915.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Madam Speaker. Members, this creates southeast Travis MUD District No. 3.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1915? Chair hears none and lays out Senat Bill 1915. The clerk will read the bill.
THE THE CLERK: SB1915 by Watson. Relating to the creation of the Southeast Travis County Municipal Utility District No. 3; providing authority to impose a tax and issue bonds.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1915. Is there objection? Chair hears none. So ordered. Chair calls on Representative Garza to explain Senate Bill 1927.
REPRESENTATIVE JOHN V. GARZA: Members, these exceptional fires recently attacked financial resources of many departments, this bill --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1927? Chair hears none and lays out Senate Bill 1927. The clerk will read the bill.
THE THE CLERK: SB1927 by Zaffirini. Relating to the authority of certain volunteer firefighter and emergency services organizations to hold tax-free sales or auctions.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Garza.
REPRESENTATIVE JOHN V. GARZA: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1927. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Allen to explain Senate Bill 1928.
REPRESENTATIVE ALMA ALLEN: 1928 simply is related to the African American Texas Memorial Monument on the Capitol grounds.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1928? Chair hears none and lays out Senate Bill 1928. The clerk will read the bill.
THE THE CLERK: SB1928 by Ellis.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1928. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Miller of Comal to explain SCR35.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: S peaker, members, we're going designate Western Swing as the official state music of Texas.
REPRESENTATIVE BEVERLY WOOLEY: There must be objection --
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: M adam Speaker, Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Keffer?
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: I know they did have Mickey Gilley here a couple of days ago on Urban Cowboy. I think we have three good ones right there.
REPRESENTATIVE LON BURNAM: Madam Speaker, will the gentleman yield?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield?
REPRESENTATIVE BEVERLY WOOLLEY: The gentleman yields.
REPRESENTATIVE LON BURNAM: You know, you probably aren't going to be surprised at all that my father was very fond of Western Swing, and is very familiar with it. But none of my interns have a clue what this is about.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: I bet they don't.
REPRESENTATIVE LON BURNAM: Is this celebrating the 20th century Texas as opposed to looking at the 21st century Texas? I don't mind celebrating the 20th century Texas.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: B ob and the Texas Playboy.
REPRESENTATIVE LON BURNAM: Okay. How much is it going to cost us?
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: I don't think there's any cost to it. Zero. Free.
REPRESENTATIVE LON BURNAM: Okay, well, in honor of my father and all Texans from the last century I think it's a good resolution.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: I t's going create more business.
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Anderson?
REPRESENTATIVE RODNEY ANDERSON: I do have a question for the three gentleman.
REPRESENTATIVE BEVERLY WOOLEY: The one in the white hat or the black?
REPRESENTATIVE RODNEY ANDERSON: I'll take the black hat. If you don't want someone to talk for ten minutes back here you guys are going to have to do us a little ditty of Western Swing. Come on, cowboys. Cowboy up.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: H ow about: I saw miles and miles of Texas, like the stars up in the sky, I saw miles and miles of Texas; going to live here until I die.
REPRESENTATIVE RODNEY ANDERSON: So long as you guys aren't singing it.
REPRESENTATIVE BEVERLY WOOLEY: Is there any objection to consideration of --
REPRESENTATIVE CHARLIE GEREN: Madam Speaker, I want to call a point of order on that singing.
REPRESENTATIVE BEVERLY WOOLEY: Point of order well taken. Is there any objection to consideration of SCR35? Chair hears none and lays out SCR35. The clerk will read the bill.
THE THE CLERK: SCR35 by Wentworth. Designating western swing as the official State Music of Texas.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Miller of Comal.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs on passage of SCR35 to third reading. Is there objection? Chair hears none. So ordered. Chair calls on Representative Allen to explain SCR51.
REPRESENTATIVE ALMA ALLEN: SCR51 expresses the legislative support of the construction of a monument of African American --
REPRESENTATIVE DAWNNA DUKES: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Dukes?
REPRESENTATIVE DAWNNA DUKES: Will the gentle lady yield?
REPRESENTATIVE BEVERLY WOOLEY: Will you yield, Representative Allen? The gentle lady yields.
REPRESENTATIVE DAWNNA DUKES: Thank you, Representative Allen. Could you -- for many years, it seems like almost every session, we have discussed a monument to commemorate African Americans. And at one point in time there was a monument that had some design to it that was sort of placed on hold. So tell me, what does your bill do?
REPRESENTATIVE ALMA ALLEN: This just continues with it, it continues it.
REPRESENTATIVE DAWNNA DUKES: It will be the same design, same faces, same characters?
REPRESENTATIVE ALMA ALLEN: No, no, I don't think the intent is that.
REPRESENTATIVE DAWNNA DUKES: I don't want to know what you think the intent is, I want to know absolutely what the intent is.
REPRESENTATIVE ALMA ALLEN: This just continues the process.
REPRESENTATIVE DAWNNA DUKES: To create a different design of the statue?
REPRESENTATIVE ALMA ALLEN: I don't think that it has anything to do with the design of the statute but this just continues the process.
REPRESENTATIVE DAWNNA DUKES: Okay, well, if it doesn't have anything to do with the design of the statue, thank you, I intend to talk for ten minutes.
REPRESENTATIVE ALMA ALLEN: I understand that there's a new design, and it is nothing like the previous one. I understand what you're talking about.
REPRESENTATIVE DAWNNA DUKES: It is going to be a new design?
REPRESENTATIVE ALMA ALLEN: Yes, yes.
REPRESENTATIVE DAWNNA DUKES: Okay. Madam Speaker, I would like to have these comments reduced to writing and placed in the journal, with the caveat that this will not be a Juneteenth statue, but a dedication to all African Americans in Texas.
REPRESENTATIVE ALMA ALLEN: Thank you. There you go.
REPRESENTATIVE DAWNNA DUKES: Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Is there any objection to consideration of SCR51? Chair hears none and lays out SCR51. The clerk will read the bill.
THE THE CLERK: SCR51 by Ellis. Expressing the legislature's support for the construction of a monument to African American Texans on the grounds of the State Capitol at the location approved by the State Preservation Board for a Juneteenth monument.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Allen.
REPRESENTATIVE ALMA ALLEN: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of SCR51. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business Senate Bill 149. The clerk will read the bill.
THE THE CLERK: SB149 by West. Relating to rules adopted and reporting required under the school district college credit program.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Castro.
REPRESENTATIVE CASTRO: Senate Bill 149 allows for information sharing between the TEA and the coordinating board on duel crediting programs.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of -- Is there objection to consideration of Senate Bill 149? Chair hears none. Senate Bill 149 is passed to third reading. Chair lays out as ha matter of postponed business Senate Bill 150, and recognizes Representative Miller of -- to explain the bill.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M adam Speaker, this bill grants law enforcement authority to veteran affairs of office inspector general.
REPRESENTATIVE LON BURNAM: Madam Speaker, will the gentleman yield?
REPRESENTATIVE SID REPRESENTATIVE MILLER: I yield.
REPRESENTATIVE BEVERLY WOOLEY: Will the gentleman yield?
REPRESENTATIVE LON BURNAM: Thank you, Chairman. Earlier, when we were visiting about this, I was a little incredulous that it was left out of Local and Consent, but it is on Local and Consent. Could you explain the four following questions? Which federal officers are we authorizing to arrest for state criminal offenses under this bill?
REPRESENTATIVE SID REPRESENTATIVE MILLER: T he only one under this bill is the Veterans Affairs Office of the Inspector General. It's very specific. It's very limited.
REPRESENTATIVE LON BURNAM: Does the authority apply the commission of any state criminal offense, or only to certain types of offenses?
REPRESENTATIVE SID REPRESENTATIVE MILLER: O nly felony offenses.
REPRESENTATIVE LON BURNAM: Can you explain to me what change with regard to that authority is a result of the Federal Homeland Security Act of 2002?
REPRESENTATIVE SID REPRESENTATIVE MILLER: W ell, the OID previously had law enforcement authority under the U.S. Marshal Service, through being deputized. That changed in '03 when the Homeland Security Act granted separate law enforcement authority to them.
REPRESENTATIVE LON BURNAM: How does this bill affect the rest of the powers of Border Patrol agencies in Texas?
REPRESENTATIVE SID REPRESENTATIVE MILLER: T hey're not in it. They're not part of it.
REPRESENTATIVE LON BURNAM: It doesn't affect it at all?
REPRESENTATIVE SID REPRESENTATIVE MILLER: No .
REPRESENTATIVE LON BURNAM: So we're not increasing the risk of people returning from --
REPRESENTATIVE SID REPRESENTATIVE MILLER: N o, it's --
REPRESENTATIVE LON BURNAM: -- returning from Mexico and being arrested for public intoxication or anything like that?
REPRESENTATIVE SID REPRESENTATIVE MILLER: N o, it's limited to veterans affairs, through the states -- general.
REPRESENTATIVE LON BURNAM: Thank you Madam. May I ask that our exchange be reduced to writing and placed in the House Journal?
REPRESENTATIVE BEVERLY WOOLEY: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Question occurs on -- is there objection to passage to third reading -- Chair lays out Senate Bill 150. The clerk will read the bill.
THE THE CLERK: SB150 by West. Relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Department of Veterans Affairs and to updating certain references related to the grant of that authority to other federal law enforcement personnel.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Miller.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M ove passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage of Senate Bill 150 to third reading. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business Senate Bill 1003, and recognizes Representative Smith of Harris.
REPRESENTATIVE WAYNE SMITH: Thank you, members. This is a bill that -- Senator Fraser's bill --
REPRESENTATIVE KEN LEGLER: Madam Chair?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Mr. Legler?
REPRESENTATIVE KEN LEGLER: I have about ten minutes worth of questions.
REPRESENTATIVE BEVERLY WOOLEY: It is your intention to speak for ten minutes?
REPRESENTATIVE KEN LEGLER: Yes.
REPRESENTATIVE BEVERLY WOOLEY: Accordingly , Senate Bill 1003 is being withdrawn from the calendar. Chair lays out as a matter of postponed business Senate Bill 1216. The clerk -- And recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: This bill relates to arbitration clause marital agreements.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1216? Chair hears none and lays out Senate Bill 1216. The clerk will read the bill.
THE THE CLERK: SB1216 by Estes. Relating to determination of the validity and enforceability of a contract containing an arbitration agreement in suits for dissolution of marriage and certain suits affecting the parent-child relationship.
REPRESENTATIVE WILL HARTNETT: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1216. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business Senate Bill 1231, and calls on Representative Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: This is a clean up bill for Texas Health Spas Act.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of --
REPRESENTATIVE LON BURNAM: Madam Speaker, could the lady please exchange -- explain this bill?
REPRESENTATIVE BEVERLY WOOLEY: Do you yield, Representative Laubenberg?
REPRESENTATIVE JODIE LAUBENBERG: I do.
REPRESENTATIVE BEVERLY WOOLEY: The lady yields.
REPRESENTATIVE JODIE LAUBENBERG: Yes, yes. I do. This the health spa is actually under purview of the Secretary of State. I don't know why.
REPRESENTATIVE LON BURNAM: That was my first question.
REPRESENTATIVE JODIE LAUBENBERG: I know.
REPRESENTATIVE LON BURNAM: Why are we giving pedicures and manicures regulation to the Secretary of State?
REPRESENTATIVE JODIE LAUBENBERG: Because y'all did it long before I got here.
REPRESENTATIVE LON BURNAM: Say that again.
REPRESENTATIVE JODIE LAUBENBERG: I said y'all did this long before I got here.
REPRESENTATIVE LON BURNAM: Well, I didn't do it.
REPRESENTATIVE JODIE LAUBENBERG: Well, it's an old law. Are you going kill it?
REPRESENTATIVE LON BURNAM: No, no. I'm not going to kill it. I'm just curious.
REPRESENTATIVE JODIE LAUBENBERG: So was I. I was, too.
REPRESENTATIVE LON BURNAM: You're carrying a bill for more governmental regulation of a specific --
REPRESENTATIVE JODIE LAUBENBERG: No, it's actually a clean up of an old regulation, trying to make it more simple. Like one of the things is health spas, right now if there is any action taken on them, the law currently requires a hearing, even if the spa does not want one.
REPRESENTATIVE LON BURNAM: So why isn't this in the Health Department or Regulation?
REPRESENTATIVE JODIE LAUBENBERG: I don't know.
REPRESENTATIVE LON BURNAM: It seems like it should be in the same regulation guidelines as barbers and beauticians.
REPRESENTATIVE JODIE LAUBENBERG: That is probably something we ought to work on next time.
REPRESENTATIVE LON BURNAM: So next time we pick this bill up we should get it put in the right agency, as opposed to Secretary of State?
REPRESENTATIVE JODIE LAUBENBERG: Yeah. I'm not arguing with you on that. And, see, what I was going tell you is -- it's been there forever.
REPRESENTATIVE LON BURNAM: It's been there forever doesn't make it right, but it is what it is.
REPRESENTATIVE JODIE LAUBENBERG: I'm not saying that it's good or bad. I'm just telling you what it is.
REPRESENTATIVE LON BURNAM: As you can imagine, I haven't had a whole lot of manicures and pedicures.
REPRESENTATIVE JODIE LAUBENBERG: I'm dying to go get one.
REPRESENTATIVE LON BURNAM: Well, good luck, after this session.
REPRESENTATIVE JODIE LAUBENBERG: I move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1231? Chair hears none and lays out Senate Bill 1231. The clerk will read the bill.
THE THE CLERK: SB1231 by Estes. Relating to the regulation of health spas by the secretary of state.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1231. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business Senate Bill 1361 and recognizes Representative Hardcastle to explain the bill.
REPRESENTATIVE RICK REPRESENTATIVE HARDCASTLE: M adam Speaker, members, this just changes the audit reports and exemptions on certain general and special --
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 1361? Chair hears none and lays out Senate Bill 1361. The clerk will read the bill.
THE THE CLERK: SB1361 Estes. Relating to the audit report exemption for certain general and special law districts.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Hardcastle.
REPRESENTATIVE HARDCASTLE: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Question occurs on passage to third reading of Senate Bill 1361. Is there objection? Chair hears none. So ordered. Members, that completes the second reading of Local and Consent Calendar. It's the Chair intent to take a one hour lunch break and return and do third reading to go the Local and Consent Calendar, and then move on to the General Calendar. Members, if you have any announcements, please bring them down front. If not, any announcements members? Mr. Aycock?
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: M embers, may I have your attention? As far as I know, we will be taking up SB1581 this afternoon. If you have an amendment that you proposed this last train out of Dodge, we would greatly appreciate you filing that amendment ahead of time so we could at lease assess there. There is no calendar rule, and you are not required to do so, but it would sure make it more favorably considered when it comes up here. Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Mr. Keffer , for what purpose?
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: R epresentative Aycock?
REPRESENTATIVE BEVERLY WOOLEY: Representa tive Aycock, do you yield?
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I yield.
REPRESENTATIVE BEVERLY WOOLEY: Gentleman yields for a question.
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: Do we have, as far as you know, because at 1:00 o'clock I know we got basically some more ISD runs, school runs, from on the Shapiro/Hochberg/Eissler plants. Do you have any idea between now and then if there will be another set of runs, or are we still evolving? Do we know yet what all what that's going look like?
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: N ot advised in any way.
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: W ell, is anybody here that knows that situation on the floor of the House? Because, you know, obviously that's going to make a big difference on how we go forward, at least on that part of your conversation on 1581. Because we thought we had the final, final a couple of days ago, and then we got the final, final, final at 1:00 o'clock. I don't know what we're --
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: N ot advised of what the plan, nor of the runs will be.
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: A ll right. Thank you.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M adam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Jackson? Mr. Aycock, do you yield?
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I yield.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: R epresentative Aycock, you said to file our amendments, but those amendments that were previously filed several days ago, are still on the list.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: T hey are not on the list. Once it went back across and came back, if you had a prefiled amendment on 1581 it is no longer filed, unless you have done so since it came back and was posted on the calendar.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: O kay. Thank you.
REPRESENTATIVE BEVERLY WOOLEY: Any other announcements, members? Chair recognizes Chairman Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M adam Speaker, members, the last Local and Consent Calendar will be this Wednesday. May I encourage all those committees to please have your committee reports turned in so we may be able to pick up the bill. We cannot set a bill unless we have a certified copy. If there are any amendments that is you are planning to add to a bill, or your bill, would you please get them to me as quickly as possible so that the entire committee may consider them? Thank you.
REPRESENTATIVE JERRY MADDEN: Madam Speaker?
REPRESENTATIVE BEVERLY WOOLEY: For what purpose, Representative Madden?
REPRESENTATIVE JERRY MADDEN: Parliamentar y inquiry.
REPRESENTATIVE BEVERLY WOOLEY: State your inquiry.
REPRESENTATIVE JERRY MADDEN: We checked with the Clerk's Office this morning and they told us that the prefiled amendments that were done previously were in fact acceptable and on the bill. Has that been changed or was that incorrect information we received on that bill?
REPRESENTATIVE BEVERLY WOOLEY: Members, as you may know, House Bill 1581 has been modified by the Senate since we last considered it. Your amendments may or may not work on the bill. We urge you to visit with legislative counsel to have amendments drawn that will work with the bill that will be before you today.
REPRESENTATIVE JERRY MADDEN: Thank you, Madam Speaker.
REPRESENTATIVE BEVERLY WOOLEY: No further announcements? If not, the Chair stands in recess until 2:50 today.
(The House stands in recess).
REPRESENTATIVE BEVERLY WOOLEY: House will come to order. Members, please register. Members, we don't need to register, we just recessed. A quorum is present. Members, Senate Bill 304, SB335, SB489, and SB494 have previously passed second reading on Local and Consent, but their passage was objected to before third reading. Representative Thompson moves to consider these bills have been withdrawn. Representative Thompson moves to reconsider these four bills at this time. Is there any objection? Chair hears none. So ordered. Representative Thompson moves to suspend all necessary rules to consider the Local and Consent Calendar on third reading. Is there objection? Chair hears none. So ordered. Madam Doorkeeper, for what purpose?
MADAM DOORKEEPER: Madam Speaker, I have a messenger from the Senate at the door of the House.
REPRESENTATIVE BEVERLY WOOLEY: Admit the messenger.
SENATE MESSENGER: Thank you, Madam Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following actions --
REPRESENTATIVE BEVERLY WOOLEY: Thank you. Bring them forward. Representative Thompson asks unanimous consent to use the vote on first recorded vote for all bills, as well as HCR147, HCR152, HCR159, HR1978, SCR35 and SCR51; with the understanding that a member may record a vote on any bill with the Journal Clerk. Is there objection? Chair hears none. So ordered. The Chair lays out Senate Bill 32. The Clerk will read the bill. The Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Madam Speaker. Members this is the higher education bill relating to consolidation of related higher education programs, governing tuition fees and exemptions into one, and waivers respective to a specific target population.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of Senate Bill 32? Chair hears none and lays out Senate Bill 32. The clerk will read the bill.
THE THE CLERK: SB32 by Zaffirini. Relating to the consolidation of related higher education programs governing tuition, fee exemptions, and waivers respective to specific target populations.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: I move passage.
REPRESENTATIVE BEVERLY WOOLEY: Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 142 ayes, 0 nays, 1 present not voting; Senate Bill 32 is finally passes. The chair lays out the following bills and resolutions on third reading and final passage to be passed by the record vote just recorded on Senate Bill 32. The clerk will read the bill.
THE THE CLERK: SB43 by Zaffirini. Relating to civil liability from an employer or former employer of a mental health services provider who engages in sexual exploitation of a patient or former patient. SB54 by Zaffirini. Relating to certification to teach public school students who have visual impairments. SB77 by Nelson. Relating to certain requirements for certain sponsoring organizations and other institutions participating in the Child and Adult Care Food Program. SB86 by Nelson. Relating to municipal contracts for enforcement of outstanding traffic violation arrest warrants. SB89 by Lucio. Relating to summer nutrition programs provided for by school districts. SB144 by West. Relating to allowing a person who successfully completes a term of deferred adjudication community supervision to be eligible for a pardon. SB152 by Shapiro. Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses. SB187 by Nelson. Relating to human body and anatomical specimen donation. SB189 by Nelson. Relating to the eligibility of certain aliens for a license to practice medicine in this state. SB192 by Nelson. Relating to patient advocacy activities by nurses and certain other persons; providing an administrative penalty. SB193 by Nelson. Relating to the regulation of the practice of nursing. SB220 by Nelson. Relating to guardianships, including the assessment of prospective wards for, and the provision of, guardianship services by the Department of Aging and Disability Services. SB226 by Nelson. Relating to reporting individual student performance on a physical fitness assessment instrument to the Texas Education Agency. SB229 by Nelson. Relating to newborn hearing screenings and hearing services for certain children. SB266 by Williams.. Relating to notice required in connection with possessory liens on motor vehicle. SB290 Watson. Relating to including a personal financial literacy component in public school mathematics instruction. SB422 by Duncan. Relating to the authority of a municipality or county to contract with another entity to collect certain assessments levied by the municipality or county. SB438 by Nelson. Relating to the number of days a winery may sell wine under a winery festival permit. SB461 by Williams. Relating to the design and issuance of license plates for United States paratroopers. SB469 by Nelson. Relating to the collection of unpaid tolls by a regional tollway authority. SB471 by West. Relating to public school, child-placing agency, and day-care center policies addressing sexual abuse and other maltreatment of children. SB480 by Hagar. Relating to certain appeals from judgments of municipal courts of record. SB481 by Harris. Relating to the removal of a guardian of an incapacitated person ordered by a court. SB482 by Harris. Relating to authorization agreements between parents and non-parent relatives of a child. SB 496 by Fraser. Relating to the punishment for the offense of evading arrest or detention. SB 519 by Hegar. Relating to the period during which a motion for a new trial in a criminal proceeding in a justice or municipal court must be made. SB 530 by Huffman. Relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Social Security Administration and to updating certain references related to the grant of that authority to other federal law enforcement personnel. SB 548 by Nichols. Relating to the environmental review process for transportation projects. SB 563 by Jackson. Relating to information regarding job matching services provided by the Texas Workforce Commission; providing a criminal penalty. SB 578 by Fraser. Relating to the testimony of children in criminal cases. SB 609 by Rodriguez. Relating to the exemption of certain property from municipal drainage service charges and from related ordinances, resolutions, and rules. SB 626 by Carona. Relating to lottery winnings, including assignment of winnings, periodic payments of winnings, and the deduction of child support delinquency amounts from winnings paid to a prize winner. SB 627 by Davis. Relating to the participation by certain taxing units in tax increment financing and the payment of tax increments into the tax increment fund for a reinvestment zone. SB 682 by Huffman. Relating to access to criminal history record information that relates to a person who is an applicant for appointment to an appraisal review board. SB 701 by Watson. Relating to high-value data sets of state agencies posted on the Internet. SB 735 by Carona. Relating to prohibition of certain extra hazardous coverages by title insurance companies. SB 743 by Hegar. Relating to the designation of a segment of State Highway 71 as the 95th Division Memorial Highway. SB 760 by West. Relating to the term of interlocal contracts. SB 767 by Ellis. Relating to the regulation of certain residential mortgage foreclosure consulting services; providing a criminal penalty. SB 789 by Harris. Relating to the duration of a protective order against family violence. SB 791 by Duncan. Relating to electronic notification of certain state officials and agencies of certain rules and rule-making filings. SB 792 by Duncan. Relating to the duties of the secretary of state. SB 796 by Nelson. Relating to reporting on and assessing programs for the prevention and treatment of diabetes in the state. SB 799 by Nelson. Relating to the definition of "first sale" for purposes of the taxes imposed on certain liquor. SB 802 by Hegar. Relating to allowing the Aransas County Commissioners Court to charge interest on assessments for certain county road improvements. SB 804 by Hegar. Relating to the use of revenue from the hotel occupancy tax by certain counties. SB 811 by Zaffirini. Relating to the regulation of the practice of veterinary medicine. SB 812 by Zaffirini. Relating to the resumption of employment by certain retirees within the Texas Municipal Retirement System. SB 819 by Harris. Relating to family violence and protective orders. SB 851 by Zaffirini. Relating to a uniform deadline for student financial assistance for public institutions of higher education other than public junior colleges. SB 855 by Duncan. Relating to assistance provided by the Office of Public Utility Counsel to interested parties on certain electricity matters involving certificates of convenience and necessity. SB 867 by Deuell. Relating to testing accommodations for a person with dyslexia taking a licensing examination administered by a state agency. SB 886 by Carona. Relating to the execution docket and other records of certain court clerks. SB 899 by Ogden. Relating to the legislature's consent or approval of a settlement of a claim or action against this state. SB 917 by Wentworth. Relating to emergency service districts. SB 957 by Birdwell. Relating to the clarification of terminology relating to the Waco Center for Youth. SB 959 by Wentworth. Relating to toll collection and enforcement. SB 966 by Uresti. Relating to high school diplomas for certain military veterans. SB 987 by Hegar. Relating to the term of office and qualifications for a director of the Colorado County Groundwater Conservation District. SB 993 by Uresti. Relating to certain arrangements to provide care for a child during an investigation of abuse or neglect. SB 1002 by Van de Putte. Relating to the designation of program costs for providing bill payment assistance to certain military veterans as a necessary operating expense that is a first lien against revenue of certain electric and gas utilities' revenue securing certain public securities or obligations. SB 1003 by Fraser. Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act. SB 1026 by Harris. Relating to the powers and duties of an attorney ad litem appointed for a parent or an alleged father in certain suits affecting the parent-child relationship. SB 1043 by Watson. Relating to the criminal penalty for the discarding of certain burning materials. SB 1044 by Watson. Relating to authorizing counties to finance the acquisition of conservation easements. SB 1046 by Duncan. Relating to information regarding deceased registered voters. SB 1068 by Ellis. Relating to the lease of certain state parking facilities to other persons. SB 1069 by Jackson. Relating to the Texas emerging technology fund reporting requirement. SB 1094 by Rodriguez. Relating to the availability of online testing for high school equivalency examinations. SB 1098 by Huffman. Relating to certain offenses involving unauthorized recordings. SB 1103 by Carona. Relating to the venue for prosecution of certain theft offenses. SB 1114 by Wentworth. Relating to the regulation of driver training schools and instructors. SB 1159 by Wentworth. Relating to an exception to the residency requirements for filing a suit for dissolution of a marriage in this state for certain spouses of military personnel. SB 1169 by Carona. Relating to the regulation of providers, administrators, and sellers of service contracts and identity recovery service contracts; providing penalties. SB 1176 by Jackson. Relating to the definition of a postsecondary program in regard to non-baccalaureate career schools and colleges. SB 1179 by Nelson. Relating to the elimination of certain required reports prepared by state agencies and institutions of higher education and other obsolete provisions of law. SB 1185 by Nichols. Relating to the authority of certain counties to impose a hotel occupancy tax for the operation and maintenance of a fairground in the county. SB 1196 by Rodriguez. Relating to guardianships and alternatives to guardianship for persons who have physical disabilities or who are incapacitated. SB 1198 by Rodriguez. Relating to decedents' estates. SB 1209 by Whitmire. Relating to the detention of certain juvenile offenders. SB 1216 by Estes. Relating to determination of the validity and enforceability of a contract containing an arbitration agreement in suits for dissolution of marriage and certain suits affecting the parent-child relationship. SB 1220 by Hinojosa. Relating to the advisory committee on Medicaid and child health plan program rate and expenditure disparities between the Texas-Mexico border region and other areas of the state. SB 1228 by Hegar. Relating to the duties of district clerks regarding certain electronic filing systems. SB 1231 by Estes. Relating to the regulation of health spas by the secretary of state. SB 1233 by West. Relating to the promotion of efficiencies in and the administration of certain district court and county services and functions. SB 1234 by West. Relating to municipal management districts. SB 1271 by Duncan. Relating to alternative dispute resolution systems established by counties. SB 1273 by Williams. Relating to the lawful manufacture, distribution, and possession of and prescriptions for controlled substances under the Texas Controlled Substances Act. SB 1292 by Hegar. Relating to the issuance of a driver's license to a peace officer that includes an alternative to the officer's residence address. SB 1308 by Seliger. Relating to the standards for attorneys representing indigent defendants in capital cases. SB 1322 by Fraser. Relating to the operation of the Kimble County, McCulloch County, Mason County, and Menard County Juvenile Boards. SB 1330 by Watson. Relating to driving safety courses for individuals younger than 25 years of age receiving deferred disposition for certain traffic offenses. SB 1361 by Estes. Relating to the audit report exemption for certain general and special law districts. SB 1404 by Hinojosa. Relating to the deadline for filing a suit to compel an appraisal review board to change an appraisal roll. SB 1413 by Hegar. Relating to the authority of certain counties to impose a county hotel occupancy tax and to the rate of the tax. SB 1421 by Nelson. Relating to the awarding of grants provided by the Cancer Prevention and Research Institute of Texas. SB 1438 by Van de Putte. Relating to the program for impaired pharmacists and disciplinary proceedings conducted by the Texas State Board of Pharmacy. SB 1441 by Ellis. Relating to the correction of an ad valorem tax appraisal roll. SB 1449 by Zaffirini. Relating to an alternative method of satisfying certain licensing requirements for chemical dependency treatment facilities. SB 1480 by Hegar. Relating to the regulation of exotic aquatic species by the Parks and Wildlife Department; providing penalties. SB 1493 by Uresti. Relating to the directors of a defense base management authority and to a study on the effectiveness of the authority. SB 1521 by Uresti. Relating to the distribution of money appropriated from a municipal court building security fund. SB 1522 by Hinojosa. Relating to the entering of a plea in a criminal case by a defendant confined in a penal institution. SB 1557 by Carona. Relating to the Texas High Performance Schools Consortium. SB 1600 by Whitmire. Relating to the registration of peace officers as private security officers. SB 1610 by Lucio. Relating to seat belt requirements for certain vehicles. SB 1613 by Ogden. Relating to the application of the public meetings and public information laws to public power utilities. SB 1616 by West. Relating to the collection, storage, preservation, analysis, retrieval, and destruction of biological evidence. SB 1636 by Davis. Relating to the collection, analysis, and preservation of sexual assault or DNA evidence. SB 1638 by Davis. Relating to the exception of certain personal information from required disclosure under the public information law. SB 1649 by Watson. Relating to a grant program to support the prosecution of certain crimes. SB 1686 by Ellis. Relating to group health benefits coverage for persons wrongfully imprisoned. SB 1698 by Williams. Relating to reporting concerning inmates who are confined in county jails and subject to federal immigration detainers. SB 1726 by Zaffirini. Relating to the development of measurable learning outcomes for undergraduate courses at public institutions of higher education. SB 1733 by Van de Putte. Relating to the occupational licensing of spouses of members of the military. SB 1737 by Van de Putte. Relating to accrual and use of leave of absence for certain training or duty, including military training or duty, by public employees and officers. SB 1751 by Uresti. Relating to calculation of the net resources of a person ordered to pay child support. SB 1760 by Lucio. Relating to notice of water and wastewater requirements before certain sales of certain residential properties. SB 1787 by Patrick. Relating to the information provided by a peace officer before requesting a specimen to determine intoxication. SB 1789 by Patrick. Relating to platting requirements affecting subdivision golf courses in certain counties. SB 1796 by Van de Putte. Relating to the creation of the Texas Coordinating Council for Veterans Services. SB 1807 by Lucio. Relating to the composition of the 444th Judicial District. SB 1812 by Nichols. Relating to criminal history record information of certain applicants for a certificate of registration issued by the Texas Real Estate Commission. SB 1816 by Zaffirini. Relating to county and municipal land development regulation. SB 1857 by Zaffirini. Relating to the administration of medication for persons with intellectual and developmental disabilities. SB 1875 by Hinojosa. Relating to the governing body and the powers of the Agua Special Utility District. SB 1880 by Huffman. Relating to the powers and duties of the Imperial Redevelopment District; providing authority to impose a tax and issue bonds. SB 1887 by Harris. Relating to the appointment of bailiffs in certain county criminal courts of Tarrant County. SB 1907 by Wentworth. Relating to access to certain archaic information. SB 1914 by Watson. Relating to the creation of the Southeast Travis County Municipal Utility District No. 2; providing authority to impose a tax and issue bonds. SB 1915 by Watson. Relating to the creation of the Southeast Travis County Municipal Utility District No. 3; providing authority to impose a tax and issue bonds. SB 1927 by Zaffirini. Relating to the authority of certain volunteer firefighter and emergency services organizations to hold tax-free sales or auctions. SB 1928 by Ellis. Relating to an African American Texans memorial monument on the Capitol grounds. SB 149 by West. Relating to rules adopted and reporting required under the school district college credit program. SB 150 by West. Relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Department of Veterans Affairs and to updating certain references related to the grant of that authority to other federal law enforcement personnel. SB 167 by West. Relating to the automatic expunction of arrest records and files after an individual receives a pardon or a grant of certain other relief with respect to the offense for which the individual was arrested. SB 1216 by Estes. Relating to determination of the validity and enforceability of a contract containing an arbitration agreement in suits for dissolution of marriage and certain suits affecting the parent-child relationship. SB 1231 by Estes. Relating to the regulation of health spas by the secretary of state. SB 1361 by Estes. Relating to the audit report exemption for certain general and special law districts. SB304 by Nichols. Relating to employment services programs for certain residents receiving services from public hospitals or hospital districts. SB335 by Fraser. Relating to an exemption from regulation as health spas for certain governmental hospitals and clinics. SB489 by Fraser. Relating to the Texas State Technical College System. SB494 by Fraser. Relating to the authority of certain local governmental entities to borrow money for a public hospital.
REPRESENTATIVE BEVERLY WOOLEY: The Chair declares these bills just read, and the resolutions, to be finally passed by the record vote recorded on Senate Bill 32; with the understanding that any member may record a vote with the Journal Clerk. Is there objection? The Chair hears none and the bills are finally passed. The Chair announces the signing of the following bills in the presence of the House: HB150, HB265, HB361, HB596, HB707, HB960, HB969, HB976, HB1110, HB1120, HB1216, HB1379, HB1383, HB1395, HB1426, HB1481, HB1514, HB1525, HB1614, HB1666, HB1678, HB1682, HB1771, HB1813, HB1866, HB1906, HB2286, HB2289, HB2295, HB2366, HB2370, HB2385, HB2418, HB2482, HB2519, HB2538, HB2582, HB2624, HB2633, HB2690, HB2742, HB2809, HB2825, HB2937, HB2978, HB3146, HB3174, HB3307, HB3465, HB3470, HB3506, HB3573, HB3818, HB3867, HCR161.
REPRESENTATIVE BEVERLY WOOLEY: Mr. Raymond ? Mr. Raymond? Mr. Raymond?
REPRESENTATIVE RICHARD PENA RAYMOND: Than k you, Madam Speaker. Members, this is a bill that was on Local and Consent that implements the recommendations of the Colonia task force, that was we worked with the Governor's Office and they appoint these with the speaker, the lieutenant governor, the governor and everybody else. Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Chair lays out Senate Bill 1816. The clerk will read the bill.
THE THE CLERK: SB1816 by Zaffirini. Relating to county and municipal land development regulation.
REPRESENTATIVE BEVERLY WOOLEY: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD PENA RAYMOND: Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there -- The following amendment. The clerk will read the attempt. Committee amendment 1.
THE THE CLERK: Amendment by Kleinschmidt.
REPRESENTATIVE BEVERLY WOOLEY: Chair calls on representative Raymond to explain the amendment.
REPRESENTATIVE RICHARD PENA RAYMOND: Memb ers, this is the amendment the Governor's Office wanted, striking Section 5 and just clarifying the rules that the Texas Association of Building Contractors and the Colonia Task Force were supportive of. Move passage.
REPRESENTATIVE BEVERLY WOOLEY: Is there objection to consideration of the amendment, or the adoption of the amendment? Chair hears none. So ordered. Chair recognizes representative Raymond.
REPRESENTATIVE RICHARD PENA RAYMOND: Move passage again.
REPRESENTATIVE BEVERLY WOOLEY: The question occurs -- The question occurs on passage to third reading of Senate Bill 1816. Is there objection? Chair hears none. So ordered. Mr. Gutierrez, Mr. Villarreal? Members, we're about ready to go on the regular calendar. Mrs. Marquez, Representative Marquez?
REPRESENTATIVE MARISA MARQUEZ: Chair lays out on third reading SB20. Mr. Strama? Chair recognizes representative Strama. Clerk will read the bill.
THE THE CLERK: SB20 by Williams relating to. A grant program for certain natural gas motor vehicles.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Mr. Strama to explain the bill.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hank you, Madam Speaker. This is the bill we passed Saturday to encourage the term funds to be used to promote the national gas industry, while also improving the air quality. And I believe Representative Otto wants to make --
REPRESENTATIVE MARISA MARQUEZ: Representa tive Otto, for what purpose?
REPRESENTATIVE JOHN OTTO: (Inaudible.)
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: I like that.
REPRESENTATIVE MARISA MARQUEZ: Representa tive Otto, for what purpose?
REPRESENTATIVE JOHN OTTO: I'm speechless. Will the gentleman yield for just a few questions?
REPRESENTATIVE MARISA MARQUEZ: Will you yield?
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: I will.
REPRESENTATIVE MARISA MARQUEZ: Gentleman yields.
REPRESENTATIVE JOHN OTTO: Representative Strama, last Saturday we amended Senate Bill 385, which is coming up later on the calendar to SB20. And this is a very good program, as you will agree, to change over to cleaner fleets and the establishment of refueling; is that correct?
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hat is correct.
REPRESENTATIVE JOHN OTTO: There has been some confusion regarding bio diesel. Even the HRO report reports in their report today that bio diesel is somehow excluded from these alternative fuels and, in actuality, if you read the bill, it says that bio diesel is not one of the diesels that is included; is that not correct?
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hat's my understanding. On both Senate Bill 385 and I believe that intent was established when that bill was on second reading on Saturday, and that specific language that includes bio diesel included in the amendment to Senate Bill 20, that is now a part of this bill on third reading.
REPRESENTATIVE JOHN OTTO: So bio diesel, so in each of these two bills, Senate Bill 20 before us today, is included as an alternative fuel; is that not correct?
REPRESENTATIVE STRAMA: Correct. And I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB20? The question occurs on final passage of SB20. It's a record vote. Clerk will ring the bell. Showing Chisum voting aye. Strama voting aye. Have all members voted? Have all members voted? Representative Gallego voting aye. There being 133 ayes, 6 nays, SB20 is finally passed. Chair lays out on third reading SB350. Clerk will read the bill.
THE THE CLERK: SB350 by Williams. Relating to the restructuring of fund obligations and accounts of the Texas Municipal Retirement System and related actuarial and accounting procedures.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes representative Truitt.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T hank you, Madam Speaker. Members, this is a bill we passed that changes the TMRS funds from three to one. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB350? The question occurs on final passage of SB350. The clerk will ring the bell. Have all members voted? Have all member it is voted? Mr. Miller, Mr. Sid Miller? There being 143 ayes, 0 nays, SB350 is finally passed. Chair lays out on third reading SB889. The clerk will read the bill.
THE THE CLERK: SB889 by Carona. Relating to assignment of rents to holders of certain security interests in real property.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes representative Davis of Harris.
REPRESENTATIVE SARAH DAVIS: Thank you Madam Speaker and members. Senate Bill 889 is the uniform (inaudible) that we passed on Saturday.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB889? The question occurs on final passage of SB889. This is a record vote. The clerk will ring the bell. Showing representative Davis of Harris voting aye. Have all members voted? Representative Patrick voting aye. There being 146 ayes, 0 nays, SB889 is finally passed. Chair lays out on final passage SB181. The clerk will read the bill.
THE THE CLERK: SB181 by Shapiro. Relating to the calculation and reporting of water usage by municipalities and water utilities for state water planning and other purposes.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Laubenberg. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Laubenberg.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: This is an amendment that was put on, applicable to the bill on second reading. I approve. Accept.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against 181? The question occurs on final passage of SB181. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 146 ayes, 0 nays, SB181 is finally passed. Chair lays out on third reading SB267. The clerk will read the bill.
THE THE CLERK: SB267 by Williams. Relating to a joint statement regarding the transfer of a motor vehicle as the result of a gift.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Elkins.
REPRESENTATIVE GARY ELKINS: Thank you, Madam Speaker. Senate Bill 267 attempts to reduce tax fraud from vehicle title transfer. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB267? The question occurs on final passage of SB267. It's a record vote. The clerk will ring the bell. Showing Representative Gonzalez of El Paso voting aye. Have all members voted? Have all members voted? There being 142 ayes, 2 nays, SB267 is finally passed. Chair lays out on third reading SB367. The clerk will read the bill.
THE THE CLERK: SB367 by Ogden. Relating to the review by the attorney general of invoices related to legal services provided to state agencies by outside counsel.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you, Madam Speaker. This is the bill we heard Saturday relating to review of outside counsel invoices by the attorney general's office. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB367? The question occurs on final passage of SB367. It's a record vote. Clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays, SB367 is finally passed. Chair lays out on third reading SB859. The clerk will read the bill.
THE THE CLERK: SB859 by Duncan. Relating to small and large employer health group cooperatives.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN T. SMITHEE: Mr. Speaker, members, this is the bill we passed yesterday that allows single entity employers to participate in health co-ops.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB859? The question occurs on final passage of SB859. This is a -- Following amendment, the clerk will read the amendment. We are waiting for the amendment to be scanned and processed. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Chisum.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mrs. Speaker , members, this amendment just allows employees to create an insurance policy that would be portable with them, if they leave the job they could take it. It has to comply with all the HIPAA regulations, and the Insurance Commission set out to makes things -- to make that happen. I believe it's acceptable to the author.
REPRESENTATIVE MARISA MARQUEZ: Mrs. Truitt , for what purpose?
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: M adam speaker? Could you, explain that again, please.
REPRESENTATIVE WARREN CHISUM: Yeah, it would maintain and guarantee the issue of renewable open enrollment priority, that would continue to require and prevent gaining the system. Underwriting would be the employee as a group, and need to make clear that the group's policy complies with all the HIPAA regulations and the individual would be able to take the policy with them to his job.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: A nd this impacts who, exactly?
REPRESENTATIVE WARREN CHISUM: I'm sorry?
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T his impacts who, exactly?
REPRESENTATIVE WARREN CHISUM: Employees health insurance.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: I s this a -- Is this a vendor bill?
REPRESENTATIVE WARREN CHISUM: No.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: W ell, because it sounds an awful lot like -- This is an HRA, right?
REPRESENTATIVE WARREN CHISUM: It has -- I don't see it as a vendor bill.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: W ell, the reason I ask is because the man that has been trying to get this through ERS came to my office and we suggested that he sit down with ERS. He said that it would save the state money. But when ERA ran the numbers on it it was actually going to cost the state money.
REPRESENTATIVE WARREN CHISUM: Well, the private sector health group --
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T his is a product for people who are 65 and older, right?
REPRESENTATIVE WARREN CHISUM: No, no. This is a health care plan, employee health care plan and --
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: R ight. And I'm pretty sure that, at my desk, I have the name of the man -- of the vendor who is trying to pass it.
REPRESENTATIVE WARREN CHISUM: I'm not aware of any vendor. There's no vendor language in the amendment.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: A ll right. I need to look at it, because it looks and sounds awfully similar.
REPRESENTATIVE WARREN CHISUM: All right. I'll temporarily withdraw it.
REPRESENTATIVE MARISA MARQUEZ: Mr. Chisum moves to postpone -- to temporarily withdraw the amendment. Is there any objection? Chair hears none. So ordered. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Hughes.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: Thank you Madam Speaker. Members, House Bill 816 was filed by Chairman Hunter and coauthored by several members of the House. The past committee did not make it through the calendars, all the way through the calendar process. And it has to do with the patient affordable care act, also known as Obama-Care. And should that take effect, there will be health care changes set up. Now, the act says any state can opt out of abortion coverage in the health care act, and that is exactly what this does. Again, it's been through the process and passed committee, and so we offer an amendment to this bill, which is related to group health.
REPRESENTATIVE MARISA MARQUEZ: Mr. Hartne tt, for what purpose?
REPRESENTATIVE WILL HARTNETT: Gentleman yields for a question.
REPRESENTATIVE MARISA MARQUEZ: Will you yield Mr. --
REPRESENTATIVE BRYAN HUGHES: I yield.
REPRESENTATIVE WILL HARTNETT: Bryan, is this applying to private health insurance policies?
REPRESENTATIVE BRYAN HUGHES: It applies to the group health insurance plan covered by this bill, yes. And, to be more precise, it says that the policy itself doesn't offer abortion in the employee policy, it also specifically says that abortion coverage can be covered separately, and abortions that are medically necessary are exempted. And the law is very clear that states can do this.
REPRESENTATIVE WILL HARTNETT: But is this preventing private insurance policies from paying for abortions?
REPRESENTATIVE BRYAN HUGHES: It is preventing these particular health -- group health programs offered to employees from having them in the standard policies. Just like when we dictate what they opt out all the time, when we have these bills about insurance coverage. But it specifically says they can provide separate coverage for abortion, if they want to, for elective abortions.
REPRESENTATIVE WILL HARTNETT: Oh, okay. So you're just requiring people to opt out, opt in?
REPRESENTATIVE BRYAN HUGHES: Exactly. Exactly.
REPRESENTATIVE MARISA MARQUEZ: Mrs. Farrar , for what purpose?
REPRESENTATIVE JESSICA FARRAR: Will the gentleman yield?
REPRESENTATIVE MARISA MARQUEZ: Will you yield, Mr.Hughes?
REPRESENTATIVE BRYAN HUGHES: Yes, of course.
REPRESENTATIVE JESSICA FARRAR: Mr. Hughes , you're saying health insurance, they would not be able to pay for an abortion if that's what they close to pay for?
REPRESENTATIVE BRYAN HUGHES: Actually, it says that abortion can be included in the main plan and offered to employees through this group health insurance. It specifically says that they can offer separate coverage for elected abortion.
REPRESENTATIVE JESSICA FARRAR: They can? They can? And how is a health care consumer supposed to know that?
REPRESENTATIVE BRYAN HUGHES: Well, this is about health insurance.
REPRESENTATIVE JESSICA FARRAR: Right, right. And when they're purchasing their policy how are they to know? Because your amendment is saying that a provider doesn't have to perform this procedure.
REPRESENTATIVE BRYAN HUGHES: Right.
REPRESENTATIVE JESSICA FARRAR: Correct? And so how is the consumer -- You know, we've talked about -- We've passed bills here that we've called womens' right to know, and so how are women who are health care insurance consumers to know that their policy is one that doesn't cover this?
REPRESENTATIVE BRYAN HUGHES: These are policies offered by employers. Each one of us have different coverages offered by our employers. Some people pay to that, some people don't. But this is just say that with regard to these employee offered group programs, that abortion won't be part of the standard package.
REPRESENTATIVE JESSICA FARRAR: Would you accept an amendment that would provide a disclosure to women who are signing up for this service for this product?
REPRESENTATIVE BRYAN HUGHES: Well, to make sure we're clear, it's the employer who's providing the coverage, so this isn't employees who are buying for themselves. It's employer provided coverage.
REPRESENTATIVE JESSICA FARRAR: I understand that. I understand that. But they need to know that. If that's what they're offering to their employees, then that needs to be known that this is not provided up front, before you pay a lot of money for a policy that doesn't cover something that you may find necessary in the future.
REPRESENTATIVE BRYAN HUGHES: So you mean disclose to the employers or disclose to the employees who are on the plan? If we're talking about a notice from the employer saying the group health coverage we offer doesn't cover abortions, that's totally acceptable like that. Is that what we're talking about?
REPRESENTATIVE JESSICA FARRAR: Yes, I will bring you that amendment to the amendment.
REPRESENTATIVE BRYAN HUGHES: Can I have your support on the amendment if we get that on there?
REPRESENTATIVE JESSICA FARRAR: No, you may not.
REPRESENTATIVE BRYAN HUGHES: I had to ask.
REPRESENTATIVE LEO BERMAN: Madam Speaker?
REPRESENTATIVE MARISA MARQUEZ: Mr. Berman , for what purpose?
REPRESENTATIVE LEO BERMAN: Would the gentleman yield?
REPRESENTATIVE MARISA MARQUEZ: Will you yield, Mr. Hughes?
REPRESENTATIVE BRYAN HUGHES: I will yield.
REPRESENTATIVE MARISA MARQUEZ: Gentleman yields.
REPRESENTATIVE LEO BERMAN: Bryan, does this apply to TRS retirees at all, or is it strictly private?
REPRESENTATIVE BRYAN HUGHES: It does not apply to TRS retirees, unless the health care reform act was implemented in Texas and they somehow they found themselves covered by that. It does not apply to TRS, no, sir.
REPRESENTATIVE LEO BERMAN: The reason I ask, we've been getting a lot of mail and a lot of emails from TRS retirees against establishing an HSA for TRS retirements.
REPRESENTATIVE BRYAN HUGHES: Okay. That's a good question. This has nothing to do with that. Good question.
REPRESENTATIVE LEO BERMAN: Thank you.
REPRESENTATIVE MARISA MARQUEZ: Mrs. Dukes , for what purpose?
REPRESENTATIVE DAWNNA DUKES: Will the gentleman yield?
REPRESENTATIVE MARISA MARQUEZ: Will you yield, Mr. Hughes?
REPRESENTATIVE BRYAN HUGHES: Of course.
REPRESENTATIVE MARISA MARQUEZ: Gentleman yields.
REPRESENTATIVE DAWNNA DUKES: Are there any other provisions that you're going exclude the insurance companies from providing?
REPRESENTATIVE BRYAN HUGHES: Well, actually, this bill only deals with elected abortions, those that aren't necessary for the life or a serious health condition to the mother. And, as you may know, there's a specific provision in the health care reform act, it says that states can opt out of this. Five states have already done it and other states are talking about it. So this is only about elective abortions.
REPRESENTATIVE DAWNNA DUKES: Well, you know, there wouldn't -- in some cases, many cases, there wouldn't be elective abortions if there were some elective vasectomies. Are you going to include that in your amendment?
REPRESENTATIVE BRYAN HUGHES: I don't think there's anything in the patient protection affordable care about that, and this is pretty narrowly drafted to fit in the guidelines.
REPRESENTATIVE DAWNNA DUKES: Okay. There also wouldn't be elective abortions if there was coverage of -- full coverage of birth control. Do you speak to that?
REPRESENTATIVE BRYAN HUGHES: This deals only with elective abortions. Because, as we know, even folks that are for a womans' right to choose to terminate a pregnancy are not comfortable with government payments -- many of those folks are not comfortable with government payments for those abortion services.
REPRESENTATIVE DAWNNA DUKES: Why would you, as a man, create issues that only dictate to women in health insurance?
REPRESENTATIVE BRYAN HUGHES: Well, as a friend of mine pointed out to me earlier, about half the babies who might be aborted may be male. So this is important to all of us.
REPRESENTATIVE DAWNNA DUKES: Except for nine months a man doesn't carry that child.
REPRESENTATIVE BRYAN HUGHES: That's right. That's right.
REPRESENTATIVE DAWNNA DUKES: So I am still trying to understand why in your creativity in creating this amendment to go on to this bill, you did not create one for a mandatory vasectomy to prevent there being elective abortions.
REPRESENTATIVE BRYAN HUGHES: I appreciate your point. Again, when the Congress passed the patient protection affordable care act, and President Obama signed it, they put a provision in there that says states may opt out of abortion coverage for the exchanges. That's in there.
REPRESENTATIVE DAWNNA DUKES: But now you're starting to affect private insurance now, when you're on federal money being used for federal
(inaudible) although I disagreed with you, you had some provisions in which rightly to do so. But now you're talking about private insurance and dictating what an employer can or cannot provide.
REPRESENTATIVE BRYAN HUGHES: We've extended this to certain private health group programs -- group coverage. And so you'll know, the states of Idaho, Kentucky, the states of Missouri and Oklahoma have done exactly this. But they've done it for all private health insurance offered by employers. Ours is much, much narrower.
REPRESENTATIVE DAWNNA DUKES: And I'm sure what other states have done that you chose, and would chose not to do here. But I think it's very sad that you would selectively start to chose what options a women can and cannot have. You know, the next line that you will probably go towards is that a woman could not elect, for medical purposes, to have a hysterectomy, because that's the vessel through which she would carry a child. And I think that's a very poor position to start taking.
REPRESENTATIVE BRYAN HUGHES: I think that one would be, too. And I know we differ on this. And I know that this is a difficult issue, but it's one we have to deal with. And that's why I offer this amendment.
REPRESENTATIVE MARISA MARQUEZ: Mr. Solomon , for what purpose?
REPRESENTATIVE BURT R. SOLOMONS: Just to ask the gentleman a question.
REPRESENTATIVE MARISA MARQUEZ: Do you yield, Mr. Hughes?
REPRESENTATIVE BRYAN HUGHES: Of course.
REPRESENTATIVE BURT R. SOLOMONS: Bryan is this a negative mandate on private insurers?
REPRESENTATIVE BRYAN HUGHES: A negative mandate?
REPRESENTATIVE BURT R. SOLOMONS: You know, we get graded all the time here by TAB, and by the insurance companies about mandating coverages. So when we add something on, we get accused, of this body, of somehow, you know, mandating insurance type coverages. Your amendment seems to be a negative mandate involving private contracts and private insurers as to what they can and cannot offer; is that correct?
REPRESENTATIVE BRYAN HUGHES: You can say that. But you need to remember that these health care co-ops in the bill that this is going onto are creatures of statute. These are not going out of the insurance agents buying a policy. These are set up by --
REPRESENTATIVE BURT R. SOLOMONS: We do statutes all day long --
REPRESENTATIVE BRYAN HUGHES: We may or may not but this is a statute --
REPRESENTATIVE BURT R. SOLOMONS: You know what, you're going to probably put a bunch of members in a position of having to vote for your amendment. But my point is are you willing to admit that you're involving yourself in insurance and in private contracts about not mandating something in the sense of adding something, but taking something away from coverage?
REPRESENTATIVE BRYAN HUGHES: Well, I hope that no one is going to feel like they have to vote for --
REPRESENTATIVE BURT R. SOLOMONS: No, no, I'm not saying that they're going to have to. But you're going to have to put a lot of members in that difficult position. Because a lot of us feel very strongly about being pro-life. You are as well, and I respect that. I respect all the members who are, and who are not. But, at the end of the day, we sit here as a conservative republican body in some senses, with 101 members, talking about mandates; whether negative or positive mandates, I just want you to admit that what you're doing, you're not putting something on as a burden, but you are taking away and interfering with private contract insurance policies.
REPRESENTATIVE BRYAN HUGHES: Yeah, let me make that clear. I hope I didn't mis-state that. For these health care co-ops created by statute, we are saying you can't offer that as part of the main policy. Yes, you're correct.
REPRESENTATIVE BURT R. SOLOMONS: And it does give to private insurers as to what's going to be offered?
REPRESENTATIVE BRYAN HUGHES: That participate in these co-ops, yes.
REPRESENTATIVE BURT R. SOLOMONS: In these co-ops, yes. Thank you.
REPRESENTATIVE BRYAN HUGHES: Of course, it can be added as a separate coverage. It's not part of the main policy.
REPRESENTATIVE MARISA MARQUEZ: Mr. Burnam , for what purpose?
REPRESENTATIVE LON BURNAM: Will the gentleman yield for questions?
REPRESENTATIVE MARISA MARQUEZ: Will you yield, Mr. Hughes?
REPRESENTATIVE BRYAN HUGHES: Yes, of course.
REPRESENTATIVE MARISA MARQUEZ: Gentleman yields.
REPRESENTATIVE LON BURNAM: Bryan, I apologize. And I'm caught a little by surprise by this amendment in third reading. And I'm really not clear what population group this would end up applying to, because I thought we were talking about the retired teacher health care system.
REPRESENTATIVE BRYAN HUGHES: I think Mr. Burman had a question about the retired teachers. There was a concern that this was a different amendment. This has nothing to do with TRA or retired teachers.
REPRESENTATIVE LON BURNAM: So it doesn't have an impact on any of the public sector health?
REPRESENTATIVE BRYAN HUGHES: If the patient affordable care act were to be implemented in Texas, and public sector employees --
REPRESENTATIVE MARISA MARQUEZ: Representa tive Taylor raises a point of order. The gentleman's time has expired. The point of order is well taken and sustained.
REPRESENTATIVE BRYAN HUGHES: No.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against the amendment? Members, we're waiting on an amendment to the amendment. Chair recognizes Representative Lucio for announcement.
REPRESENTATIVE EDDIE LUCIO III: Thank you Madam Speaker. Members, today with us in the gallery we have some special guests from my district, the eighth grade class from St. Anthony's Catholic School from Harlingen. If you can please rise and be recognized? Welcome to your State Capitol. They are visiting today with administrators from the school, Miss Jimenez and Miss
(inaudible). Students are also accompanied by some of their parents. These students traveled to Austin today to specifically get a first-hand look at our state legislative process. I'm pretty sure we will see one of them down here with us as a colleague one day. Welcome to your State Capitol. Thank you again for being here.
REPRESENTATIVE MARISA MARQUEZ: Mr. Anchia , for what purpose?
REPRESENTATIVE ANCHIA: Madam Speaker, I would like to raise a point of order against further consideration of this amendment --
REPRESENTATIVE MARISA MARQUEZ: Bring your point of order down.
REPRESENTATIVE RAFAEL REPRESENTATIVE ANCHIA: - - under 11 --
REPRESENTATIVE MARISA MARQUEZ: Mr. Anchia . Mr. Anchia would temporarily withdraw his point of order. Representative Smithee for Representative Hughes temporarily withdraws the amendment. Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN T. SMITHEE: Mr. Speak er and members, I move to postpone consideration of this bill, Senate Bill 859, until a time certain; that being 4:30 p.m. this afternoon.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out on third reading SB1167. Clerk will read the bill.
THE THE CLERK: SB1167 by Carona. Relating to cemeteries and perpetual care cemetery corporations; providing a penalty.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Hernandez Luna.
REPRESENTATIVE ANA LUNA HERNANDEZ: Thank you, Madam Speaker. Members, this is Senate Bill 1167 relating to cemeteries and perpetual care cemeteries.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1167? The question occurs on final passage of SB1167. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? Mr. Miller, Sid Miller? There being 145 ayes, 1 nay, SB1167 is finally passed. Chair lays out on third reading SB29. Clerk will read the bill.
THE THE CLERK: SB29 by Zaffirini.. Relating to the eligibility of certain postdoctoral fellows and graduate students to participate in health benefit programs at public institutions of higher education.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Branch.
REPRESENTATIVE BRANCH: Thank you, Madam Speaker. Members, this is the bill that allows our top graduate students who get fellowships to still be able to get insurance coverage and keep up competitive with other states.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against Senate Bill 29? The question occurs on final passage of SB29. This is a record vote. The clerk will ring the bell. Showing Mr. Branch voting aye. Have all members voted? Have all members voted? There being 145 ayes, 1 nay, SB29 is finally passed. Chair lays out on third reading SB385. Clerk will read the bill.
THE THE CLERK: SB385 by Williams. Relating to the creation of an alternative fuel program to be funded by the Texas emissions reduction plan fund.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Otto.
REPRESENTATIVE ROB ORR: Thank you, Madam Speaker. Members, this is the bill we passed last Saturday that deals with the new alternative fuel program and the refueling stations. And I believe there is a third reading amendment.
REPRESENTATIVE MARISA MARQUEZ: Representa tive Burnam, for what purpose?
REPRESENTATIVE LON BURNAM: I'd like to ask a question, but maybe it would be best if I waited until the third reading amendment.
REPRESENTATIVE MARISA MARQUEZ: Okay. The following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Strama.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Strama.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hank you, Madam Speaker. The bill that we passed about seven bills ago on the calendar, Senate Bill 22, which Mr. Otto had amended, Senate Bill 385 now on third reading, on Senate Bill 385 we want to amend Senate Bill 20 in the exact form in which we just passed it. It is a belt and suspenders approach. And I move adoption of the amendment. It's acceptable to the author.
REPRESENTATIVE MARISA MARQUEZ: The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Mr. Burnam, for what purpose?
REPRESENTATIVE LON BURNAM: And I'd like to ask Mr. Otto some clarifying questions.
REPRESENTATIVE MARISA MARQUEZ: Mr. Otto, do you yield?
REPRESENTATIVE ROB ORR: I yield.
REPRESENTATIVE LON BURNAM: Thank you, Representative Otto. On Saturday, with regards to both bills and again today, we just want to have this clarifying conversation. It is intended that bio diesel fuels are included and considered as an alternative fuel, contrary to what the HRO reported.
REPRESENTATIVE ROB ORR: That is correct.
REPRESENTATIVE LON BURNAM: I'd like to have that reduced to writing and put in the journal, please.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection? Chair hearing none. So ordered. Representative Hartnett, for what purpose?
REPRESENTATIVE WILL HARTNETT: Will the gentleman yield for a question?
REPRESENTATIVE MARISA MARQUEZ: Do you yield, Mr. Otto?
REPRESENTATIVE JOHN OTTO: I yield.
REPRESENTATIVE WILL HARTNETT: John, I didn't have time to look at that amendment. It has a 16 percent number in it. Is that of all the turf funds?
REPRESENTATIVE JOHN OTTO: There are some allocations out of the turf funds. Let me see if I can --
REPRESENTATIVE WILL HARTNETT: That would be a huge number, if that's 16 percent.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Strama.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: S orry, you're question was about --
REPRESENTATIVE WILL HARTNETT: -- 16 percent in your amendment, is that of the entire fund?
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: Y eah, it is. There are already a number of places in which turf funds are dedicated. We also have an amendment when we adopted the bill and it's included in this amendment to the amendment.
REPRESENTATIVE WILL HARTNETT: And how much money is 16 percent?
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: W e think it's about ten million dollars. And, of course, it depends on the size of the turf funds at any given time. Well, what I was going say is we also have an amendment that was negotiated with the conference of urban counties that says that if these funds being used for this purpose in any way jeopardizes the state implementation plan, that gets us into a payment, then we won't spend it towards this.
REPRESENTATIVE WILL HARTNETT: Okay. Thank you.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB385? The question occurs on final passage -- Oh, I'm sorry. Chair recognizes Representative Otto.
REPRESENTATIVE JOHN OTTO: Move passage.
REPRESENTATIVE MARISA MARQUEZ: The question occurs on final passage of SB385. It's a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 112 ayes, 27 nays, SB385 is finally passed. Chair lays out on third reading SB1000. The clerk will read the bill.
THE THE CLERK: SB1000 by Eltife. Relating to self-directed and semi-independent status of the Texas Real Estate Commission; making an appropriation.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Thank you Madam Speaker and members. Senate Bill 1000 makes the real estate commission a self-directed, semi-independent agency and has a positive fiscal note of 2.6 million. I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB 1000? The question occurs on final passage of SB 1000. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 147 ayes, 0 nays; SB1000 is finally passed. Chair lays out on third reading SB1030. The clerk will read the bill.
THE THE CLERK: SB1030 by Carona. Relating to notice by sign requirement for sexually oriented businesses.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Anchia.
REPRESENTATIVE RAFAEL REPRESENTATIVE ANCHIA: T hank you, Madam Speaker. Members, this addresses some loophole in sexually oriented business posting. Thank you. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1030? The question occurs on final passage of SB1030. This is a record vote. The clerk will ring the bell. Have all members voted? Showing Mrs. Giddings voting aye. Have all members voted? There being 143 ayes, 0 nays; SB1030 is finally passed. Chair lays out on third reading SB1035. The clerk will read the bill.
THE THE CLERK: SB1035 by Williams. Relating to motor vehicle title services; providing penalties.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Harless.
REPRESENTATIVE PATRICIA REPRESENTATIVE HARLESS: T hank you, Madam Speaker. Members, SB1035 create a statewide registration for state title services.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1035? Question occurs on final passage of SB1035. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 134 ayes, 11 nays, SB1035 is finally passed. Chair lays out on third reading SB1124. The clerk will read the bill.
THE THE CLERK: SB1124 by Carona.. Relating to licensing and regulation of certain persons involved in residential mortgage lending pursuant to the Texas Secure and Fair Enforcement for Mortgage Licensing Act of 2009; providing penalties.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T hank you. This is the bill we passed the other day, but there's an amendment.
REPRESENTATIVE MARISA MARQUEZ: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Truitt.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T his amendment simply helps us avoid duel regulation for entities currently licensed under Chapter 342 of the finance code, who originate home equity loans to unsecured consumer loans. It is acceptable to the author.
REPRESENTATIVE MARISA MARQUEZ: Members, the amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: S o this bill simply updates the resident mortgage licensing requirement under the Texas State Act.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1124? The question occurs on final passage of SB1124. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 146 ayes, 0 nays; SB1124 is finally passed. The Chair lays out on third reading SB1534. The clerk will read the bill.
THE THE CLERK: SB1534 by Shapiro. Relating to the operation and certification of career schools or colleges.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Davis of Harris.
REPRESENTATIVE JOHN E. DAVIS: Thank you Mr. Speaker. Members, I think we had an amendment.
REPRESENTATIVE MARISA MARQUEZ: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by John Davis of Harris.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Harris.
REPRESENTATIVE JOHN E. DAVIS: Thank you, Mrs. Speaker, members. And this merely makes -- it strikes regional and substitutes regional. And it's acceptable to the author.
REPRESENTATIVE MARISA MARQUEZ: The amendment is acceptable to the author. Is there any objection? Chair hearing none. The amendment is adopted.
REPRESENTATIVE JOHN E. DAVIS: Okay, members. And I move passage. This is revising the operation and certification of certain career schools.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1534? The question occurs on final passage of SB1534. Clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays; SB1534 is finally passed. Mr. Keffer? Chair lays out on third reading SB1732. The clerk will read the bill.
THE THE CLERK: SB1732 by Van de Putte.. Relating to authorizing the adjutant general to operate post exchanges on state military property.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, SB1732 authorizes the Adjutant General Office to operate post exchanges on military property and use revenues for state military operations and I move passage.
REPRESENTATIVE MARISA MARQUEZ: The question occurs -- Is there anyone wishing to speak for or against SB1732? The question occurs on final passage of SB1732. This is a record vote. The clerk will ring the bell. Have all members voted? Showing Workman voting aye. Have all members voted? There being 146 ayes, 0 nays; SB1732 is finally passed. Chair recognizes Representative Keffer for a very important announcement regarding meat.
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: T hank you very much. Back by poplar demand, I guess for our seventh time, tomorrow night we are having the
(inaudible) back to provide dinner, back from Buffalo Gap, Representative King's district. But they're back. Be here tomorrow night. So make your plans to eat with us and the Perones.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes -- Chair lays out SB1010 on third reading. The clerk will read the bill.
THE THE CLERK: SB1010 by Huffman. Relating to providing a victim, guardian of a victim, or close relative of a deceased victim with notice of a plea bargain agreement in certain criminal cases.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Workman.
REPRESENTATIVE PAUL WORKMAN: Thank you Madam Speaker. Members, this is the bill we passed yesterday having to do with victim notification. We put two amendments on it. One of them that allows the victim's statement to be read and the other one allowing a police officer's victim statement to be read as well. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1010? The question occurs on final passage of SB1010. Clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays; SB1010 is finally passed. Chair lays out on third reading SB1596. The clerk will read the bill.
THE THE CLERK: SB1596 by Wentworth.. Relating to changes in participation in public utility agencies.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Isaacs.
REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. Members, this bill streamlines the process of adding or removing members from a public utility agency.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1596? The question occurs on final passage of SB1596. It's a record vote. The clerk will ring the bell. Showing Representative Isaac voling aye. Have all members voted? Have all members voted? There being 144 ayes, 0 nays, SB159 is finally passed. Chair lays out on third reading SB1134. Clerk will read the bill.
THE THE CLERK: SB1134 by Hagar. Relating to the issuance of permits for certain facilities regulated by the Texas Commission on Environmental Quality.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Craddick.
REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, there is an amendment, a corrective amendment for one we put on on Saturday.
REPRESENTATIVE MARISA MARQUEZ: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Craddick.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Craddick.
REPRESENTATIVE TOM CRADDICK: Mrs. Speaker , members, this is one of Wayne Smith's amendments that he put on on Saturday, and all it does is tighten up the language on how it applies to permits by rule.
REPRESENTATIVE MARISA MARQUEZ: Mr. Burnam , for what purpose?
REPRESENTATIVE LON BURNAM: Will the -- I would like to ask a couple of questions, but the first one would be on the amendment. Would the gentleman yield?
REPRESENTATIVE MARISA MARQUEZ: Will you yield, Mr. Craddick?
REPRESENTATIVE TOM CRADDICK: I yield.
REPRESENTATIVE MARISA MARQUEZ: Gentleman yields.
REPRESENTATIVE LON BURNAM: Thank you, Mrs. Speaker. Representative Craddick, could you tell us exactly what the tightening up the amendment does on the wording on these PDRs?
REPRESENTATIVE TOM CRADDICK: Well, what it does is if you look at the amendment basically all it does is, it's like I said, tighten up the language on how it applies to permits by rule. Mr. Smith can come down here and say exactly -- he put the amendment on. And after they looked at them they thought it wasn't drafted properly. I'll have him come down here and explain it to you.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Smith.
REPRESENTATIVE WAYNE SMITH: What was the question?
REPRESENTATIVE LON BURNAM: Chairman Smith, what I was asking is we now have a correcting amendment on your original amendment from Saturday, and what Speaker Craddick talked about, it simply tightened the language on the PDR. Of course, you know I was hoping it might address the fact that probably it will put us in noncompliance with the Clean Air Act, but I would like to know exactly what the amendment does.
REPRESENTATIVE WAYNE SMITH: Well, it states that an aggregate -- that a permit cannot be an aggregate permit, unless it's under the control of the same person that controls the facilities, along with the same first two digit codes that the major group for the center of industrial clarification, or is operationally dependent on the facilities being aggregated. And that would be the thing that would be added operationally, dependent on the facilities being aggregated.
REPRESENTATIVE LON BURNAM: I'm sorry. And the change that's being proposed now is to what?
REPRESENTATIVE WAYNE SMITH: It would add those that would be -- those permits that would be aggregated, it changes it to say that it is -- operationally adds on there that it is operationally dependent on the facilities being aggregated.
REPRESENTATIVE LON BURNAM: I'm not sure I understand what the distinction is. Could you explain it?
REPRESENTATIVE WAYNE SMITH: Well, to me, and this is the first time I've seen this amendment, but to me it means that if the if the pump or the valve or those functions are part of the permit, that they are part of them that are operationally necessary for the function of the facility.
REPRESENTATIVE LON BURNAM: So what does that mean as a practical matter as far as in effect of deregulating or decreasing regulation of a facility?
REPRESENTATIVE WAYNE SMITH: Well, I don't know as a practical matter it changes it much.
REPRESENTATIVE LON BURNAM: So you think it's only a technically correcting amendment.
REPRESENTATIVE WAYNE SMITH: I think it's a technical correction amendment.
REPRESENTATIVE LON BURNAM: Thank you.
REPRESENTATIVE WAYNE SMITH: All right.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Craddick.
REPRESENTATIVE TOM CRADDICK: Move adoption.
REPRESENTATIVE LON BURNAM: I actually wanted to ask a question on third reading.
REPRESENTATIVE MARISA MARQUEZ: Do you yield, Mr. Craddick?
REPRESENTATIVE TOM CRADDICK: Is this on the amendment?
REPRESENTATIVE LON BURNAM: Oh, I'm sorry.
REPRESENTATIVE TOM CRADDICK: Move adoption of the amendment.
REPRESENTATIVE MARISA MARQUEZ: Members, this is on the Craddick amendment. It is acceptable to the author. Is there any objection? Chair hearing none. The amendment is adopted. Members, now we are on SB1134 as amended. Chair recognizes Representative Craddick.
REPRESENTATIVE TOM CRADDICK: Okay, Mr. Burnam. Sorry.
REPRESENTATIVE LON BURNAM: No problem. Now we're back to the original reason why I'm here, which is to revisit the issue of the letter from the United States Environmental Protection Agency, where they talk about, in the third paragraph, further should this legislation or subsequent rules be adopted the EPA would have to consider taking additional action, including the sanctions under the CAA. Do you clearly understand, Speaker Craddick, that many people believe that the implementation of this law guarantees that we will be in noncompliance of the Clean Air Act, and guarantees further intervention by the EPA, because of our inability to do our own business properly?
REPRESENTATIVE TOM CRADDICK: Mr. Burnam, that is incorrect. We talked about this on Saturday. Everybody looked at the matter. We do not feel we will be. And the state has all authority over minor sources. And that's just not correct.
REPRESENTATIVE LON BURNAM: Well, we're going have to respectfully disagree. We will have to say that you were forewarned.
REPRESENTATIVE TOM CRADDICK: Thank you. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1134? The question occurs on final passage of SB1134. This is a record vote. Clerk will ring the bell. Showing Dean Craddick voting aye. Showing Representative Smith voting aye. Show Representative Burnam voting no -- nay. Have all members voted? Have all members voted? There being 129 ayes, 17 nays; SB1134 has finally passed. Chair lays out on third reading SB449. Clerk will read the bill.
THE THE CLERK: SB449 by Watson. Relating to the appraisal for ad valorem tax purposes of open-space land devoted to water stewardship purposes on the basis of its productive capacity.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Ritter.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T hank you Madam Speaker. Members, Senate Bill 499 is the enabling legislation to the SJR16 constitutional amendment, creating the water sewage land valuation. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB449? The question occurs on final passage of SB449. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays, SB449 has finally passed. Chair lays out on third reading SB479. Clerk will read the bill.
THE THE CLERK: SB479 by Estes. Relating to limiting the liability of certain persons for farm animal activities.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Miller of Erath. Following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Miller of Erath.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Chairman Miller.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M adam Speaker and members, this is a bill that has the added limited liability to livestock shows and animal -- farm animal events. The amendment simply strikes out the word transporting. I move adoption of the amendment.
REPRESENTATIVE MARISA MARQUEZ: Mr. Miller offers up an amendment. It is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Miller.
REPRESENTATIVE SID REPRESENTATIVE MILLER: M ove passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB479? The question occurs on final passage of SB479. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There is being 137 ayes, 7 nays, SB379 is finally passed. Chair lays out on third reading SB554. The clerk will read the bill.
THE THE CLERK: SB554 by Carona. Relating to contracts between dentists and health maintenance organizations or insurers.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Pepito.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Madam Speaker and members. This is a great bill on the dentists in our communities. As you know, TDA is a great supporter with over 6,000 dentists in the State of Texas. It relates to dentist and health organizations.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for on or against SB554? The question occurs on final passage of SB554. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 142 ayes, 0 nays, SB554 is finally passed. The Chair lays -- Members, we're backing up to SB479. Chair lays out on third reading SB577. The clerk will read the bill.
THE THE CLERK: SB577 by Duncan.. Relating to the use of facsimile signatures for certain documents involving certain municipalities.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Frullo.
REPRESENTATIVE JOHN FRULLO: Members, we already passed the identical version of this bill last week. HB1250. I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB577? The question occurs on final passage of SB577. This is a record vote. Clerk will ring the bell. Have all members voted? Showing Representative Eiland voting aye. Showing Representative Patrick voting aye. Have all members voted? There being 144 ayes, 40 nays, SB577 is finally passed. Chair lays out on third reading SB1489. The clerk will read the bill.
THE THE CLERK: SB1489 by Whitmire. Relating to educational, juvenile justice, and criminal justice responses to truancy.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Madden.
REPRESENTATIVE JERRY MADDEN: Mrs. Speaker , members, this deals with the juvenile justice and criminal justice responses to truancy. And I move passage.
REPRESENTATIVE JASON ISAAC: Madam Speaker?
REPRESENTATIVE MARISA MARQUEZ: Representa tive Isaac, for what purpose?
REPRESENTATIVE JASON ISAAC: Will the gentleman yield?
REPRESENTATIVE MARISA MARQUEZ: Do you yield?
REPRESENTATIVE JERRY MADDEN: Of course. Absolutely.
REPRESENTATIVE MARISA MARQUEZ: Chairman yields.
REPRESENTATIVE JASON ISAAC: Representative Madden, is there any reason why home school parents should be concerned about this bill?
REPRESENTATIVE JERRY MADDEN: No, I don't believe they should be.
REPRESENTATIVE JASON ISAAC: All right. Thank you.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB149? The question occurs on final passage of SB1489. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 139 ayes, 0 nays, SB1489 is finally passed. The Chair lays out on third reading SB958. The clerk will read the bill.
THE THE CLERK: SB958 by Wentworth. Relating to the regulation of dangerous wild animals.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Larson.
REPRESENTATIVE LYLE LARSON: Yeah, members, this is regarding the definition of your animal sanctuary that we discussed last week.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1020? The question occurs on final passage of SB1020. This is a record vote. The clerk will ring the bell -- Members, back up, back up. Is there anyone wishing to speak for or against SB958? The question occurs on final passage of SB958. This is a record vote. The clerk will ring the bell. Showing Representative Larson voting aye. Showing Representative Eiland voting aye. Have all voted? Voting aye. All members voted? There being 143 ayes, 1 nay, SB958 is finally passed. The Chair lays out on third reading SB1020. The clerk will read the bill.
THE THE CLERK: SB1020 by Rodriguez. Relating to the feasibility study regarding the establishment of a dental school at Texas State University Health Sciences Center in El Paso.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Gonzalez of El Paso.
REPRESENTATIVE NAOMI GONZALEZ: Thank you, Madam Speaker. Members, this is a dental school feasibility study that we passed on Saturday and I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1020? The question occurs on final passage of SB1020. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 138 ayes, 7 nays, Senate Bill 1020 is finally passed. Chair lays out on third reading SB249. The clerk will read the bill.
THE THE CLERK: SB249 bi Estes. Relating to the composition of the Finance Commission of Texas.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Orr.
REPRESENTATIVE ROB ORR: Mrs. Speaker, members, this is the bill we passed Saturday that would appoint one additional bank executive, one initial member in the finance commission. And I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB249 -- Oh, following amendment. Clerk will read the amendment.
THE THE CLERK: Amendment by Harless.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Harless.
REPRESENTATIVE HARLESS: Thank you, Madam Speaker. Members, this adds motor vehicle self financed licensees to the department of the finance commission.
REPRESENTATIVE MARISA MARQUEZ: The amendment is acceptable to the author. Is there any objection? Chair hearing none. The amendment is adopted. Chair recognizes Representative Orr.
REPRESENTATIVE ROB ORR: Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB249? The question occurs on the final passage of SB249. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 140 ayes, 1 nay, SB249 is finally passed. The Chair lays out on third reading SB594. The clerk will read the bill.
THE THE CLERK: SB594 by Van De Putte. Relating to certain procedures applicable to electronic prescriptions for Schedule II controlled substances.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you, members. Senate Bill 594 we passed on Saturday amends current law to procedures applicable to electronic prescriptions for schedule II controlled substances.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB594? The question occurs on final passage of SB594. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays, SB594 is finally passed. The Chair lays out on third reading SB762. The clerk will read the bill.
THE THE CLERK: SB762 by Carona.. Relating to the transfer of an ad valorem tax lien; providing for the imposition of an administrative penalty.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Paxton.
REPRESENTATIVE KEN PAXTON: Mrs. Speaker, this bill provides further homeowner protection on tax liens. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB762? The question occurs on final passage of SB762. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 140 ayes, 1 nay, SB762 is finally passed. Chair lays out on third reading SB898. The clerk will read the bill.
THE THE CLERK: SB898 by Carona. Relating to energy efficiency programs in institutions of higher education and certain governmental entities.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Cook. Mr. Eiland? Chair recognizes Chairman Cook.
REPRESENTATIVE BYRON COOK: Thank you, Madam Speaker. This is the efficiency bill we passed Saturday. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB898? The question occurs on final passage of SB898. This is a record vote. The clerk ring the bell. Have all members voted? Showing Representative Gooden voting aye. Representative Keffer voting for. Bohac voting aye. Have all members voted? Have all members voted? There being 139 ayes, 7 nays, SB898 has finally passed. The Chair lays out on third reading SB924. The clerk will read the bill.
THE THE CLERK: SB924 by Carona.. Relating to energy efficiency reports by municipally owned utilities and electric cooperatives.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: T hank you very much. This standardizes reporting so that utilities can generate a more accurate load forecast.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB924? The question occurs on final passage of SB924. Clerk will ring the bell. Members, let's back up. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment to the amendment by Phillips.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Chairman Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you Mr. Speaker. Members, this is an amendment related to the reporting requirement to the customers of these providers. It's acceptable to the author, it's acceptable to the Senator. Move adoption.
REPRESENTATIVE MARISA MARQUEZ: The amendment is acceptable to the author. Is there any objection? Chair hearing none. The amendment is adopted. Chair recognizes Chairman Keffer.
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: M ove passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB 924? The question occurs on final passage of SB924. This is a record vote. Clerk will ring the bell. Showing Chairman Keffer voting aye. Have all members voted? Have all members voted? There being 143 ayes, 2 nays, SB924 is finally passed. The Chair lays out on third reading SB1681. The clerk will read the bill.
THE THE CLERK: SB1681 by Ellis.. Relating to the appointment of counsel and the rights of an accused and other requirements for the purposes of appellate proceedings or community supervision revocation proceedings.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE P. GALLEGO: Thank you, Madam Speaker. Members, this is the bill with respect to the appointment of counsel that was previously discussed, and I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1681? The question occurs on final passage of SB1681. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 0 nays, SB1681 is finally passed. Chair lays out on third reading SB901. The clerk will read the bill.
THE THE CLERK: SB901 by Hagar. Relating to approval from the Department of State Health Services for disposal of ambulances purchased with certain grant funds.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Chairman Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. Members, Senate Bill 901 deals with grants given to the EMS to purchase our ambulances. There's been some problems in that some EMS departments dispose of those. So this is a statutory change that will ensure that grant moneys are used for their intended purpose, and that ambulances awarded under the grant are not prematurely sold for improper reasons. I move passage. There is an amendment, but I don't think that the parliamentarian is going to let me offer it.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone that would like to speak for or against SB901? The question occurs on final passage of SB901. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 143 ayes, 0 nays, SB901 is finally passed. The Chair lays out on third reading SB1133. The clerk will read the bill.
THE THE CLERK: SB1133 by Hagar. Relating to a report by the Public Utility Commission of Texas on the ability of electric generators to respond to abnormal weather conditions.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Harless.
REPRESENTATIVE PATRICIA REPRESENTATIVE HARLESS: T hank you Madam Speaker. Members, SB113 requires better reporting and weatherization plans at power plants.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1133? The question occurs on final passage of SB1133. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 146 ayes, 0 nays, SB1133 is finally passed. The Chair lays out on third reading SB19. The clerk will read the bill.
THE THE CLERK: SB19 by Nichols. Relating to the development, financing, construction, and operation of certain toll projects.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes chairman Smith of Harris.
REPRESENTATIVE WAYNE SMITH: Members, this is a process that the MPOs have to do, and TexDOT has to do for the proceeding of toll road projects. I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB19? The question occurs on final passage of SB19. This is a record vote. The clerk will ring the bell. Showing Chairman Smith voting aye. Have all members voted? Have all members voted? Showing chairman Kolkhorst voting aye. Have all members voted? There being 135 ayes, 10 nays, SB19 has finally passed. Chair lays out on third reading SB1484. The clerk will read the bill.
THE THE CLERK: SB1484 by Shapiro. Relating to authorizing open-enrollment charter schools to be awarded academic distinction designations.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Strama.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hank you, Madam Speaker. This is the bill we passed on Saturday that simply allows charter schools that are in the same academic the distinctions that other public schools are allowed to earn.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1484? The question occurs on final passage of SB1484. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 139 ayes and 8 nays, SB1484 is finally passed. Chair lays out on final reading SB1342. The clerk will read the bill.
THE THE CLERK: SB1342 by Seliger.. Relating to the use of bingo proceeds by licensed authorized organizations, including the use of proceeds to provide health insurance or health insurance benefits to certain employees.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Thank you Madam Speaker and members, this allows the bingo operators to use bingo proceeds to purchase insurance for their employees. And I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB1342? The question occurs on final passage of SB1342. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 145 ayes, 2 nays, SB1342 is finally passed. Chair lays out on third reading SB1368. The clerk will read the bill.
THE THE CLERK: SB1368 by West. Relating to the authority of a co-owner of residential property to encumber the property.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Chairman Deshotel.
REPRESENTATIVE JOE DESHOTEL: Mr. Speaker, this bill allows the co-owners to enter into a contract for building repair. Move adoption.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for against SB1368? The question occurs on final passage of SB1368. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 143 ayes, 1 nay, SB1368 is finally passed. Chair lays out on third reading SB425. The clerk will read the bill.
THE THE CLERK: SB425 by Carona. Relating to property and casualty certificates of insurance and approval of property and casualty certificate of insurance forms by the Texas Department of Insurance; providing penalties.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Hancock. Following amendment, the clerk will read the amendment. Members, hang on one second. Mr. Villarreal, are you on the -- Members, we're moving back to Senate Bill 738. Chair lays out SB738 as a matter of postponed business.
THE THE CLERK: SB738 by Shapiro. Relating to a parental role in determining sanctions applied to a public school campus under certain circumstances.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Gutierrez on the motion to reconsider.
REPRESENTATIVE ROLAND GUTIERREZ: Mrs. Spe aker, members, I think that Mr. Villarreal wanted to --
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Villarreal.
REPRESENTATIVE MIKE VILLARREAL: I'm happy to reconsider the vote. Senate Bill 738 was passed, last bill on Saturday. And since there are some members who feel like we didn't have a full discussion on this piece of legislation I am happy to have that full discussion.
REPRESENTATIVE MARISA MARQUEZ: Members, there's a motion to reconsider. Is there any objection? Chair hears none. So ordered. Members, there was objection on the motion to reconsider. The question is on the motion to reconsider Senate Bill 738, as raised by Representative Gutierrez and Representative Villarreal. This is a record vote. Clerk will ring the bell. Showing Representative Gutierrez voting aye. Showing Representative Phillips voting aye. Showing Representative Villarreal voting aye. Have all members voted? All members voted? There being 118 ayes, 27 nays, motion to reconsider is accepted.
REPRESENTATIVE WARREN CHISUM: Madam Speaker?
REPRESENTATIVE MARISA MARQUEZ: For what purpose, Representative Chisum?
REPRESENTATIVE WARREN CHISUM: Parliamenta ry inquiry.
REPRESENTATIVE MARISA MARQUEZ: State your inquiry.
REPRESENTATIVE WARREN CHISUM: We had two motions up on the board. Which one were we voting on?
REPRESENTATIVE MARISA MARQUEZ: We were voting on the motion to reconsider Senate Bill 738.
REPRESENTATIVE WARREN CHISUM: What was the other one?
REPRESENTATIVE MARISA MARQUEZ: That was the only motion.
REPRESENTATIVE WARREN CHISUM: Oh, where are we now?
REPRESENTATIVE MARISA MARQUEZ: We're on Senate Bill 738.
REPRESENTATIVE WARREN CHISUM: On second reading?
REPRESENTATIVE MARISA MARQUEZ: On second reading. Chair recognizes Representative Villarreal.
REPRESENTATIVE MIKE VILLARREAL: There's been some amendments that have been filed. I'd like to have a chance to look at those amendments and postpone consideration of Senate Bill 738 for one hour.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion --
REPRESENTATIVE MIKE VILLARREAL: Until 5:40 p.m.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection? Chair hearing none. SB738 is postponed until 5:40 p.m. today. Chair lays out on third reading Senate Bill 425. Clerk will read the bill.
THE THE CLERK: SB425 by Carona.. Relating to property and casualty certificates of insurance and approval of property and casualty certificate of insurance forms by the Texas Department of Insurance; providing penalties.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Hancock.
REPRESENTATIVE KELLY HANCOCK: Yes, thank you Madam Speaker. This is the bill we passed on Saturday that provides certificate of insurance and a form available. I believe there's an amendment requested by the Attorney General's Office.
REPRESENTATIVE MARISA MARQUEZ: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Hancock.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Hancock.
REPRESENTATIVE KELLY HANCOCK: Yes. The amendment simply changes to word shall to may on page 11, line 23.
REPRESENTATIVE MARISA MARQUEZ: The amendment is acceptable to the author. Is there any objection? Chair hearing none. The amendment is adopted. Chair recognizes Representative Hancock.
REPRESENTATIVE KELLY HANCOCK: Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB425? The question occurs on final passage of SB425. This is a record vote. The clerk will ring the bell. Have all members voted? All members voted? There being 143 ayes, 1 nay, Senate Bill 425 is finally passed. Chair recognizes King of Zavala for an announcement -- for a motion.
REPRESENTATIVE TRACY O. REPRESENTATIVE KING: M r. Speaker, members, I move we suspend all rules necessary to take up and consider House Resolution 2293.
REPRESENTATIVE MARISA MARQUEZ: Members, you have heard the motion. Is there any objection? Chair hearing none. The rules are suspended. Chair lays out House Resolution -- the following resolution, the clerk will read the resolution.
THE THE CLERK: HR2293 by King of Zavala. Congratulating Adolfo Alvarez, Sr., of Pearsall on his 80th birthday.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative King.
REPRESENTATIVE TRACY O. REPRESENTATIVE KING: T hank you, Mrs. Speaker. Members, I move adoption.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection -- Representative Garza, for what purpose?
REPRESENTATIVE JOHN V. GARZA: I have some questions for legislative intent on Senate Bill 341.
REPRESENTATIVE MARISA MARQUEZ: We're not there yet. We're on House resolution 2293. Any objections to the adoption of the resolution? The Chair hearing none. Resolution is adopted. Chair lays out on third reading Senate Bill 341. Clerk will read the bill.
THE THE CLERK: Clerk SB341 by Uresti. Relating to authorizing the dissolution of the Bexar Metropolitan Water District; providing a penalty.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker. Members, this is the bill we passed on Saturday that has to do with giving 85,000 rate payers the right to choose whether or not they would like to stay or move to a different water system. And I would be happy to yield for any questions.
REPRESENTATIVE MARISA MARQUEZ: Representa tive Garza, for what purpose?
REPRESENTATIVE JOHN V. GARZA: Questions for legislative intent.
REPRESENTATIVE MARISA MARQUEZ: Do you yield, Mr. Menendez?
REPRESENTATIVE JOSE MENENDEZ: Absolutely.
REPRESENTATIVE MARISA MARQUEZ: Representa tive Menendez yields.
REPRESENTATIVE JOHN V. GARZA: Representat ive Menendez, I just have a couple of questions. In your opinion, do you agree that this bill as it was amended is a fair bill?
REPRESENTATIVE JOSE MENENDEZ: I do believe that this bill is a fair bill. I do believe that the some of the amendments we took we did in order to save this body over two hours on Saturday afternoon, and I don't know if it will stay on the bill when it comes back.
REPRESENTATIVE JOHN V. GARZA: Well, do you agree that the amendments that were added provided adequate protection for rural and suburban rate payers?
REPRESENTATIVE JOSE MENENDEZ: I'll repeat what I said. Some of the amendments will survive and some of them will not survive.
REPRESENTATIVE JOHN V. GARZA: Okay. So do you agree then that the amendments such as the bifurcated election, the permanent rural advisory committee, the rural infrastructure fund, the declared valuation on the election, the TCEQ complaint process, to honor all current contracts and to have a contract review board; that all those amendments that were accepted would strengthen the position of rural rate payers who may lose their right to vote under this bill?
REPRESENTATIVE JOSE MENENDEZ: Representat ive Garza, every single rate payer, whether they live inside the city limits, outside the city limits, in the county or whichever part you deem to define as rural or not rural; every one of them has a equal vote. Therefore, I believe that this bill, in whatever form it comes back, it's going go to conference, the Senate is going to appoint five conferees, the House will appoint five conferees; we'll debate the value and the worth of the amendment and we'll bring it back to the body so that the body, as a whole, can determine its value.
REPRESENTATIVE JOHN V. GARZA: So, in your opinion, do you agree with me that stripping these amendments will weaken the bill?
REPRESENTATIVE JOSE MENENDEZ: No. You know, Representative, I do not believe that we're going to weaken the bill by removing any one amendment or any two amendments or any three amendments. There were eleven amendments left on the table when I chose to accept all the amendments, because it was Saturday afternoon, 2:15, and I did not want to waste two hours of the body's time.
REPRESENTATIVE JOHN V. GARZA: So do you, in your opinion, agree to support this bill as amended in conference committee if we should have one?
REPRESENTATIVE JOSE MENENDEZ: Well, I do believe that this will have a conference committee, and I plan to bring this bill back and support this bill in whichever shape that the conferees chose is the best form of this bill. I don't make any commitments to any of the amendments that were made.
REPRESENTATIVE JOHN V. GARZA: Mr. Speaker , I move to have the discussions between Representative Menendez and myself reduced to writing and placed in the journal.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection? Chair hearing none. So ordered. Mr. Martinez Fischer, for what purpose?
REPRESENTATIVE TREY MARTINEZ FISCHER: Wil l the gentleman yield?
REPRESENTATIVE MARISA MARQUEZ: Do you yield?
REPRESENTATIVE JOSE MENENDEZ: Absolutely.
REPRESENTATIVE MARISA MARQUEZ: Gentleman yields.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you, Madam Speaker. Thank you, Representative Menendez. Representative Menendez, I know that this is a big bill that we have dealt with many sessions, and there's been draft after draft after draft. Would you agree with me that the bill that you brought to the floor unamended represents the best work product that the delegation has been able to bring together on bringing some finality to the rate payers of Bexar Metropolitan Water District?
REPRESENTATIVE JOSE MENENDEZ: I definitely would agree that after having hours and hours of having input from the public at large, from every one of our colleagues, that we have brought together a bill that represents good protections for all the rate payers. And I do believe it was a good work product. There was an amendment that was brought by Representative Larson that was going to take into consideration some protections that we accepted early on in the process, and I had an amendment that was also made in order to provide all protections as far as voting rights are concerned. And I do plan to make sure that those two amendments remain on the bill.
REPRESENTATIVE TREY MARTINEZ FISCHER: At the committee level, I offered language concerning voting rights. And it was adopted in the committee substitute. So I guess my point is that anybody that wanted to have meaningful input in this bill had the opportunity to do that at the member level, given with you directly, or at the committee level; and both the House and the Senate. And so the amendments that were left on the table weren't like the last resort, I mean that -- anybody could have talked to you in good activity about making the bill better. You taking those amendments was not your commitment to accepting those amendments, it was really more of a courtesy to the body that, you know, had to deal with this issue not just this session, but for the last three or four.
REPRESENTATIVE JOSE MENENDEZ: Without a doubt. And as you know, Representative Martinez Fischer, we took a vote on the first amendment. And the first amendment that we took a vote on that was not acceptable went down with over 80 votes against it. But instead of having a two hour debate on every single one of the other amendments, I made the decision to take every amendment in order to save this body over two hours of time on a Saturday afternoon.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha t's correct. I just wanted to make sure we were clear on that. Madam Speaker, I request that we reduce the exchange between Representative Menendez and myself, reduce them to writing and have them placed in the journal, please.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Representative Morrison, for what purpose?
REPRESENTATIVE GEANIE W. MORRISON: Will the Speaker -- will the gentleman yield for a question?
REPRESENTATIVE MARISA MARQUEZ: Do you yield, Mr. Menendez?
REPRESENTATIVE JOSE MENENDEZ: Absolutely.
REPRESENTATIVE MARISA MARQUEZ: Gentleman yields.
REPRESENTATIVE GEANIE W. MORRISON: Repres entative Menendez, I wanted to get exactly clear what this legislation is intended to do. Basically what it is is to gives Bexar Met the opportunity to vote to decide if they want to continue on those that are apart of Bexar Met; is that correct?
REPRESENTATIVE JOSE MENENDEZ: There are over 85,000 rate payers in San Antonio and Bexar County, and there's a few just north of the county line and a few just south of the county line. And we want to give those people who pay that water bill the right to vote, whether they want to continue, they can choose -- they can elect to continue under Bexar Met or continue under the new path.
REPRESENTATIVE GEANIE W. MORRISON: And so this is a vote for them. This is not saying that
(inaudible) is going to come in and over take Bexar Met?
REPRESENTATIVE JOSE MENENDEZ: Absolutely not.
REPRESENTATIVE GEANIE W. MORRISON: This is literally a vote for Bexar Met to decide what they want to do, and what they want to dissolve or continue in the form that they are?
REPRESENTATIVE JOSE MENENDEZ: Yes, ma'am. The reason that over 90 percent of this delegation, or every member except for one is in favor of this, is because the voters have asked us, the rate payers of Bexar Met have asked us to respect their desire to choose their future, as far as their water service is concerned.
REPRESENTATIVE GEANIE W. MORRISON: Okay. I just wanted to make it clear that (inaudible) is not taking over Bexar Met at this time?
REPRESENTATIVE JOSE MENENDEZ: There is no take over. TCEQ -- First part of the bill, TCEQ comes in and does an overview of Bexar Met in terms of liability, everything, top to bottom. And then there's an election. And then, after that, TCEQ remains as an oversight to make sure that whatever utility most likely would be solved if he voters elected the (inaudible) would do everything that it was supposed to do as for the bill.
REPRESENTATIVE GEANIE W. MORRISON: Okay. Thank you, Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you.
REPRESENTATIVE MARISA MARQUEZ: Mr. Farias , for what purpose?
REPRESENTATIVE JOE FARIAS: Madam Speaker, will the gentleman yield?
REPRESENTATIVE MARISA MARQUEZ: Does the gentleman yield?
REPRESENTATIVE JOSE MENENDEZ: Gladly yield, yes.
REPRESENTATIVE JOE FARIAS: Representative Menendez, you and I and the Senator and other members of the delegation have worked at length in trying to bring some legislation that we felt would be in the best interest of our rate payers in Bexar County; is that correct?
REPRESENTATIVE JOSE MENENDEZ: Absolutely. If it were not for your hard work, Representative Farias, we would not have the language in there that protects those hard working men and women who worked at Bexar Met for years. It was you that put the language in there to protect their longevity, to protect their pensions, to protect them from being just fired without cause. And I thank you for your hard work.
REPRESENTATIVE JOE FARIAS: Representative Menendez, my intent back here is to make sure that the members of the House realize that there is some stipulations in there, as you mentioned, that protect the employees who have been there for quite a number of years, in protecting their retirements and their jobs for a few years while they reach retirement and all. And thank you for bringing this forward. And just to make sure the voters' rights are protected by allowing them to decide whether they want to keep Bexar Met or not, that's all this does; is that correct?
REPRESENTATIVE JOSE MENENDEZ: That's all we're trying to do is respect the will of the rate payers.
REPRESENTATIVE JOE FARIAS: Thank you. Thank you, Representative.
REPRESENTATIVE JOSE MENENDEZ: I thank you for your hard work. I move adoption.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB341? The question occurs on final passage of SB341. The clerk will ring the bell. Showing Representative McClendon voting aye. Have all members voted? Showing Representative Morrison voting aye. Have all members voted? There being 129 ayes, 11 nays, SB341 is finally passed. Chair lays out on third reading SB377. The clerk will read the bill.
THE THE CLERK: SB377 by Huffman. Relating to the murder of a child as a capital offense.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Riddle.
REPRESENTATIVE DEBBIE RIDDLE: Thank you Madam Speaker and members. This bill simply would allow a person who murders a child younger than ten to be charged with capital murder. Move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB377? The question occurs on final passage of SB377. It's a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 141 ayes, 1 nay, Senate Bill 377 is finally passed. Chair lays out on third reading -- Chair lays out Senate Bill 859. Clerk will read the bill.
THE THE CLERK: SB859 by Duncan. Relating to small and large employer health group cooperatives.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN T. SMITHEE: Mr. Speak er, members, this is a small group cooperative bill that we considered a moment ago. We postponed. If you recall, there was a point of order on Mr. Hughes' amendment. He is withdrawing the amendment. Mr. Chisum had another amendment that we were considering, and he has worked with the other parties on that, and I think they've come up with a resolution. So I'll let him do his amendment.
REPRESENTATIVE MARISA MARQUEZ: Following amendment. Clerk will read the amendment.
THE THE CLERK: Amendment by Chisum.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mrs. Speake r, members, this amendment just allows for small group employees to pay on their own health care and retirement and be portable. And then allows the insurance -- the commissioner of insurance to make a rule to do that. It says that it cannot violate any state or federal law. I believe it's acceptable to the author.
REPRESENTATIVE MARISA MARQUEZ: The amendment is acceptable to the author. Is there any objection? Chair hearing none. The amendment is adopted. Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN T. SMITHEE: Move passage, members.
REPRESENTATIVE MARISA MARQUEZ: Question occurs on -- Is there anyone wishing to speak for or against SB859? The question occurs on final passage of SB859. It's a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 146 ayes, 0 nays, Senate Bill 859 is finally passed. Chair lays out on a matter of postponed business Senate Bill 303. Clerk will read the bill. On second reading.
THE THE CLERK: SB303 by Nichols. Relating to health care services provided or paid by a hospital district.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: Members, Senate Bill 303 just ensures that hospital districts who do not own or operate a public hospital, but still provide indigent care services, have a mechanism to collect payments from a third party that may be liable for costs. And I do believe there is an amendment.
REPRESENTATIVE MARISA MARQUEZ: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Scott.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: This amendment allows the Tarrant County Hospital District to hire physicians. And it also clarifies that it may not be construed as authorizing them to dictate the practice of medicine. And it's acceptable to the author.
REPRESENTATIVE MARISA MARQUEZ: Amendment is acceptable to the author. Is there any objection? Chair hearing none. The amendment is adopted -- is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB303? All those in favor say aye. All those against say nay. The ayes have it. Senate Bill 303 is passed to third reading. Chair lays out as a matter of postponed business Senate Bill 499, on second reading. The clerk will read the bill.
THE THE CLERK: SB499 by Jackson. Relating to the identification of breeder deer by microchips.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: I move to postpone SB499 until 5:30 p.m. today, May 23rd, 2011.
REPRESENTATIVE MARISA MARQUEZ: Members you heard the motion. Is there any objection? Chair hearing none. Senate Bill 499 is postponed until 5:30 today. Chair lays out as a matter of postponed business, on second reading, SB1543. The clerk will read the bill.
THE THE CLERK: SB1543 by Wentworth. Relating to the authority of an independent school district to invest in corporate bonds.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Larson.
REPRESENTATIVE LYLE LARSON: Members, we're going postpone this for one hour -- 6:00 p.m.
REPRESENTATIVE MARISA MARQUEZ: Members, you heard the motion. Is there any objection? Chair hearing none. Senate Bill 1543 is postponed until 6:00 p.m. today. Chair lays out as a matter of postponed business on second reading SB271. The clerk will read the bill.
THE THE CLERK: SB271 by Uresti. Relating to the board of directors of the Bexar Metropolitan Water District.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you Mr. Speaker. Members, this is the fall back bill that just provides some government ethics, some election ethics control, and board of election training. This is a bill that Mr. Garza testified that it was a good bill and that we should pass. I move passage.
REPRESENTATIVE MARISA MARQUEZ: Is there anyone wishing to speak for or against SB271? The question occurs on passage to third reading of SB271. All those in favor say aye, all those against say nay. The ayes have it. SB2771 is passed to third reading. Chair lays out as a matter of postponed business, on second reading, SB680. The clerk will read the bill.
THE THE CLERK: SB680 by Gallegos. Relating to a fee collected by a district clerk for certain certified copies.
REPRESENTATIVE MARISA MARQUEZ: Chair recognizes Representative Woolley.
REPRESENTATIVE BEVERLY WOOLEY: Thank you, Madam Chair. Members, I move to postpone Senate Bill 680 until June 5th at midnight.
REPRESENTATIVE MARISA MARQUEZ: Members, you have heard the motion. Is there any objection? Chair hearing none. Senate Bill 680 is postponed until June 5th. Members, the House will stand at ease for two minutes to allow us to arrange amendments for upcoming bills.
(The House stands at ease).
REPRESENTATIVE JOE STRAUS: The House will come to order. Chair lays out on second reading Senate Bill 1581. The clerk will read the bill.
UNIDENTIFIED MAN SPEAKER: Mr. Speaker, I move to postpone Senate Bill 1581 until time certain, that being 8:00 p.m. on this date.
REPRESENTATIVE KEFFER: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Keffer, for what purpose?
REPRESENTATIVE KEFFER: May I ask Mr. Aycock a few questions?
REPRESENTATIVE AYCOCK: I would be glad to yield.
REPRESENTATIVE KEFFER: I know 1581 is a very, very important bill and going forward to the end of this session is one that is very important for every member because of how it affects their particular ISDs back home. And I know that here we are almost at the eleventh hour, coming in and we have had to postpone again, 1581. And you are aware, are you not that one of the large -- I know 1581 is a very encompassing bill with a lot of facets, a lot of amendments will be put on. But one of our biggest issues are the formulas on how monies from what decisions are already made are going to go back to our ISDs.
REPRESENTATIVE AYCOCK: I am well aware that we distribute 37 billion dollars through this bill.
REPRESENTATIVE KEFFER: And I understand right now there are three competing, I will put it that way, for lack of a better word, formulas or ways of looking at distributing that money that you just spoke of back to our ISDs.
REPRESENTATIVE AYCOCK: That's correct. There's three bills, known as a Senate Bill known as the Shapiro bill. There's an amendment by Representative Eissler, there's and amendment by Representative Hochberg. And those are the three major bills and I have not found any other major distribution methodology that made it into many, many filed amendments. There are already 65 amendments already filed and if there are other competing finance plans I have not found those amendments yet.
REPRESENTATIVE KEFFER: And you said there are 65 amendments so far?
REPRESENTATIVE AYCOCK: More than that. A while ago there were 65 and still more coming in.
REPRESENTATIVE KEFFER: I know they were probably very important amendments, but what you did, just three amendments, the three plans that are out there right now are probably one of the more important amendment that I think members on the floor here will be paying attention to and trying to figure out what's going to be best for their particular ISDs. And I guess my concern is, as we are going forward here, on the last day of hearing Senate Bills, is that we attempt to re write school formulas or attempt to try to understand school formulas tonight, on however many hours this is going to take. We are trying to figure out from runs that we are getting, we had a final run, we thought, the other night. We had more runs today. We may have more runs on ISD formula by the time we get to the bill tonight, during the debate tonight. So i am really concerned about, as we are going forward -- what -- when do we know we are at a final decision on these amendments and how is it going to affect our ISDs back home and how we are going to make an educated decision on this very important part of 1581? I don't know really how we really attempt to do that in this very short period of time that we are going to have tonight to look at these formulas.
REPRESENTATIVE AYCOCK: I understand your concerns, I think they are concerns for everybody in this room. There are a couple of ways to go at this, we can either try to form a concensus very quickly, which is difficult, as you know; or we can drop the ball, sort of, or we can do whatever else the body chooses to do. at this point I am faced with a bill that has three competing possibilities. We very often have enough complexity in this room with two, much less three. And so I am going to move to postpone this bill in order to give everybody a little time to think about it, and hopefully we find a strategy that we are going to follow as to how to bring this --
REPRESENTATIVE KEFFER: Well, during this time of postponement are you going to be able to give the office of these finance plans or are we going to have more so we can -- any amendment going farther than what we have on the desk right now? I mean, again, we are trying to make this as clear as we can to many of us who, I will be honest with you, don't understand the formula that well. We are taking a lot of steps in faith here, as well as going forward with people we do trust and know. So when you have these three -- of those that are knowing the formula as well as they do, three competing plans, again, I'll say, and you look at the formula out runs on every ISD and I mean there's no clear pathway, at least in my -- that I represent. there is no clear pathway on which is good, which is better, and it's already a very sensitive issue back home. We really need to make the best decision we can up here and I am really concerned about that, and i know you are, too.
REPRESENTATIVE AYCOCK: I am, too. I saw in the Austin paper that we need to be, as I said, very, very careful at this point. It is a huge amount of money, we cannot make mistakes at this point without dire consequences, we need to be very cautious.
REPRESENTATIVE KEFFER: Well, I know every member will e certainly looking forward to the debate and seeing what these amendments do. But, I tell you what, it's a very concerning, scary thing as we go forward to see how it's going to affect our ISDs.
REPRESENTATIVE AYCOCK: There was a second part to your question that I might address also, you mentioned the possibility of cutting off amendments to those already on the table. I would certainly welcome that. I have had a crew assessing these amendments all day. They are tired. If we could simply get agreement that that was part of the deal it would help those people that are working on this. I gave people notice several hours ago of the possibility that we might have trouble actually assessing all of the amendments and we are at that point. We need some relief on these continuing amendments.
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Would the gentleman yield for some questions?
REPRESENTATIVE AYCOCK: I would be glad to.
REPRESENTATIVE JOE STRAUS: The gentleman yields.
REPRESENTATIVE SYLVESTER TURNER: Thank you. I want to file a -- Representative Aycock, with the line of questioning that Chairman Keffer put forth to you. This bill has been delayed until 8:00 p.m.
REPRESENTATIVE AYCOCK: That's correct.
REPRESENTATIVE SYLVESTER TURNER: Is it your belief that we are going to move forward at 8:00 o'clock or is there a possibility that it will be delayed beyond 8:00 p.m.?
REPRESENTATIVE AYCOCK: I am not going to make any speculations as to how that will go. A lot of it depends on how negotiations go and how -- whether we can assess all the amendments that have been offered. I might point out that the school finance part does not come along until Article 8 in the 1581 bill. So there will be many amendments before the Article 8 amendment has even come forward.
REPRESENTATIVE SYLVESTER TURNER: And the reason why I pose the question, outside of the Appropriations bill I deem 1581, to the extent 1581 is going to carry this through funding mechanism to be the second most important bill of this session. What I don't want to see happen is that I don't want us to get to 12:00 and 1:00 o'clock at night and then we get into a rush and cutting off discussion. And so my concern is why are we delaying until 8:00 when we know the importance of the school funding mechanism? And when you say that there are negotiations taking place, negotiations with whom?
REPRESENTATIVE AYCOCK: This bill was over earlier afternoon. Representative Hochberg has run to be out a few hours. Representative Eissler, I believe, is ready to go with his. I'm not sure, but I think so.
REPRESENTATIVE SYLVESTER TURNER: And I understand that negotiation, but the problem is tomorrow night at midnight is the last day for the Senate Bills. The school mechanism bill, for me, outside of the appropriations bill this is the most important bill that we are going to have to consider, and we are talking about formulas and what the local school districts are going to be receiving. The worst thing that could happen with this bill is that we get it to the wee, the late midnight hours and we start making unwise decisions, start moving very, very quickly. So let me ask you this, and maybe the question occurs -- maybe we should go to the speaker, that if we get to a point tonight, before there is any consideration of terminating debate or cutting off amendments or accepting amendments, will you or anyone consider stopping where we are late tonight and picking this up again tomorrow morning?
REPRESENTATIVE AYCOCK: I believe that's a question for the speaker.
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Turner?
REPRESENTATIVE SYLVESTER TURNER: Same question as we just had. About delaying this bill until 8:00 o'clock tonight. Sixty-five amendments are already on this bill and I deem this bill, beyond appropriations, to be the second most important bill in this legislative session. What I think would be unwise is for us to get to 12:00 or 1:00 o'clock tonight, and then we get in a rush and we start cutting off amendments, or we start accepting amendments not knowing what the ramifications of those amendments are. Will the speaker consider if that ends up being the case, stopping where we are tonight at whatever reasonable time that may be, and picking up again with 1581 tomorrow?
REPRESENTATIVE JOE STRAUS: Chair understands your concerns and will take that into consideration.
REPRESENTATIVE SYLVESTER TURNER: Mr. Ayco ck, Chairman Aycock, there are a whole lot of things on 1581 were not on 1581 when it originally left the House.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I 've got a large stack.
REPRESENTATIVE SYLVESTER TURNER: Well, will the author of the bill now, will you consider maybe going back to the original version of 1581 so we don't have to deal with all those other things that are now in 1581 that's going take up a whole lot of time. There's only one issue in my mind that's important to the Texas House the day before we cut off Senate discussion, and that is the funding mechanism to our local school districts. Everything else in 1581 can wait. Everything else in 1581 can wait. The only thing we need consider is what will be the funding mechanism for our local school districts. Will you consider stripping everything else away and let us simply debate the school funding mechanism?
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I don't believe that's in my power. I can offer amendments to do so, but remember that bills are normally taken up in article order, as written, and I'm not under control of how it's written. The 8th Article of the bill is the finance portion of the bill. There's a large higher ed portion ahead of that. It's my understanding that that will likely be stripped out.
REPRESENTATIVE SYLVESTER TURNER: Well, as I go to my seat, I just want to echo what Chairman Keffer says: Trying to rewrite the school funding mechanism at this time of the session, and looking at the runs, and I have been going through the House, the HRO reports, I will tell you, trying to rewrite the school funding mechanism in the last week of the session is a very, very difficult thing to do.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I believe I agree with that, whole heartedly, and to that end one of the options before us is to simply not mess with the formula, if you will, but to simply take the proration language and move forward with that language. That is one option that is certainly before us.
REPRESENTATIVE SYLVESTER TURNER: Well, I appreciate -- I look forward to discussing it, to debating it with you, and with other members of the Texas House. But I will tell you it is a scary proposition to consider.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I agree.
REPRESENTATIVE SYLVESTER TURNER: Not just tweaking, but changing the school formula, starting at 8:00 p.m.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I agree.
REPRESENTATIVE SYLVESTER TURNER: A week before the session starts.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: I agree. Thank you.
UNIDENTIFIED MAN SPEAKER: Mr. Speaker --
REPRESENTATIVE JOE STRAUS: Members, you have heard the motion by Mr. Aycock to postpone. Is there objection? Chair hears none. So ordered. Chair lays out on second reading Senate Bill 1717. Clerk will read the bill.
THE THE CLERK: SB1717 by Duncan. Relating to operation of administration of the judicial branch of state government.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hank you Mr. Speaker. Members, okay, for everybody who is really disappointed we didn't get to do SB1581 now, and we're postponing it to a little bit later, this is the judicial administration bill. Senate Bill 1717 has been in progress for about three sessions now. A lot of judges and attorneys and administrators throughout the state have worked on it. Basically, it's designed to streamline the statutory structure of the courts. And, over the last century, a lot of different bills have been passed involving the courts, and so we've got a lot of archaic provisions. And what this bill is designed to do is to take those all out, is to standardize the language that applies to all of the courts anyway. Some of the provisions that are of interest to you, you may want to concentrate on. It standardizes -- There was a split of decisions when district court jurisdiction, whether it started at $200 or $500. And it sets that at $500. It brings the county court at law jurisdiction, for those county courts at law whose civil jurisdiction is less than, pardon me, less than two hundred thousand dollars, up to two hundred thousand dollars, with regard to justice of the peace courts. And there has been some conversation about justice of the peace courts, and I want to go over this. Justice of the peace courts, there was some conversation about that this bill would some how impinge on small claims. It does not impinge on small claims. Small claims are kept. It's just that they don't have to be in a separate docket book anymore. And so there was some email going around about that but that's not a problem. All of the associate judges, all of what were magistrate associate judges, referees and special masters are now under the associate judge title in the different courts. It provides for some studies and there's a section about taxation of litigants that's placed on it. So that's basically the structure of this bill. We do have some perfecting amendments I'd like to get on and it then we could go ahead and proceed. Just a moment. We do have -- I don't know if you've got it up, but we do have an amendment by me with regard to some matters to take out a fiscal note.
REPRESENTATIVE JOE STRAUS: Mr. Weber, for what purpose?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: M r. Weber? I'll go ahead.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: M r. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Weber, for what purpose?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: W ill the gentleman yield for some questions.
REPRESENTATIVE JOE STRAUS: Gentleman yields.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I 'd be pleased to.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T hank you, Judge. You know I had some questions for you, and I went over to the Senate to get the author, and he was not available. So I did not have a chance to bounce that off of him. My concern as raised by my justice of the peace back home, was that in making the change in this bill that the people's court, small claims court, as it were, would move from a lot of latitude on the part of the JP, where he could interact with the claimants and respondents in his courtroom and have a discussion with them and find out some facts and things on a fairly informal basis; but if this bill were to pass his concern would be that there would be procedures put in place whereby there would be an attorney needed, no matter how small the claim to know those procedures to prevent someone in fact from losing that case on a procedural basis. And can you refresh my memory? How do you view that? What does your bill do to address that?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: A nd, first of all, may I say thank you very much, Randy. You've taken a lot of time and trouble to look at this and see what the bill does. But basically here's what it does. There was some concern about that because there's two sections that deals with justice of the peace. So it's a real unique situation. There's justice of the peace courts and they had the same basic rules that would apply in any civil case, and then and of course they have criminal jurisdiction. But they also had what they call small claims. So the regular rules were in 27, small claims were in 28.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: C an I interrupt you and ask you what delineated those two separate courses? One that had the rules and one that didn't? What made those cases different?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: S ame judge, same court. It is just two different sets of rules. Those judges, it just depends on which docket cases would be filed in. And some people would come in and they would request them to be in small claims and some in JP. It's the same judge, it's the same courtroom, same everything, they just keep two sets of records. And the justice of the peace thought that was kind of silly and it was time consuming. It was not good. We have a member here, he used to be a justice of the peace, and he started keeping just one set of books, keeping one docket. So, when -- Two sessions ago, when everybody got to get to start making -- going over this and the justice of the peace came in, one thing they really wanted to do was just merge that, so you wouldn't have two separate dockets for the same judge with different rules. And what was decided, it worked best, the small claims procedure. It's informal, the judge can ask questions, the judge can seek to resolve the case. So it's not that distance that you have in a district court. It's more informal, but that works. So what was decided is rather than have two ways of doing things, the small claims rule, the informality, would just be placed into the regular justice of the peace rules, and that would be the way that cases would be managed from now on.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: A nd did those JP rules have certain procedures to be followed?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T here's very little in the rules about it. And one thing, if we're going to do all of the cases in the same way, there need to be some rules of procedure. Not the same as for the formal courts of record and all that, but some rules of procedure. So what was decided by all the people coming into work on this is that we'd put the small claims rules in, or procedures in, so that the judge could hear the testimony and consider the evidence in an informal way, with the sole objective being speedy justice between the parties. The judge could limit discovery so you don't have to have all that discovery that's in the rules of civil procedure, and the judge could actually help develop the facts of the case. So you don't have that distance between the Judge and the litigants that you do say in district court or the county courts at law. So that's in here. But we'll have to have a few rules just to procedure to make sure that the rights of the litigants are protected. And, for that reason, it was decided that the Supreme Court would help promulgate rules, with the assistance of the justice of the peace, using the best practices that are in affect in the justice of the peace, and -- and those rules would be decided over the next two years, basically. And then in May, two years from now, those rules will go into effect.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: I s it not a fact that there was some similar legislation last session that required promulgation of rules by the Supreme Court, and two years later they don't have them done yet?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y ou know, I don't think that that's right. Of course, this didn't pass last time and I'm not familiar with the history of it or what happened, but it didn't pass last time. I really think it had more to do, as I recall, with county courts at law and whether there would be an adjustment of their jurisdiction. I don't think it had anything to do with the justice of the peace. And I might mention also, we're all familiar with the justice of the peace and the constable's association that's very active in looking into these things, and they are on record as supportive of this bill.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: N ow there's actually two associations of JPs; is that correct? Can you explain the difference, please?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y ou know, I really -- I am very familiar with the justice of the peace and constables association, you know, we see them quite a bit. I think there's another association of the justice of the peace. And I know that when we had the testimony in committee there were a couple of those members who appeared and they were concerned about how small claims would be treated. But, as we explained it, it is the same rule now. It's just going to be in one docket book instead of two. And the Supreme Court will have some ability to have a task force develop rules in conjunction with the justice of the peace that will work in their court, because they're all going to be that way now. I say all, they're going to be basically -- collections suits will be under the old rule, just basically rules of procedure. Because a lot of credit card and collection suits get filed. And the justice of the peace wanted to make sure that those corporations who come in have to follow rules of pleadings and so forth. So it's not every case but it's most of them.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: I s there a possibility, judge, you know I filed an amendment that removes some of those sections as they did with JP courts?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: No , like I said, Randy, these rules have been developed in conjunction with the justice of the peace over a long period of time. And that justice of the peace and constables association, I mean they're a hundred percent for this. And, in addition, the judges of the other association were heard. Everybody was fine with this. I think there were a few justices of the peace who were not comfortable with it, but I think that they will become comfortable. I know that the Supreme Court is already reaching out and working with them and bringing them into the process for deciding what the rules are. I think it's real important that this get done, and that we absolutely treat these courts with the seriousness that they deserve to have, and that I'm glad that when we increased jurisdiction that we did it so they can handle more cases like this. And I think it will really help them to have a more efficient, not to have to keep two sets of books and help litigants to come in. That they can just file with the JP court, they don't have to worry about which court to go in because it will be one set of rules that is fit everybody.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: S o will the courts themselves will be known as either a JP court or a small claims court? Will that change?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: O f course, all the judges are called justice of the peace. And the courts won't change. It will still be the justice of the peace. We will just estimate the term small claims court as -- it never was separate, a different judge, it was always the same judge just two sets of books. And it will just be one set of box now, that's the only difference. And so it will still be the same justice of the peace, the small claims basic structure, the small claims structure will be under that one docket book, basically.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: O kay. Thank you.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: S o the paperwork will be a lot less. Thank you.
UNIDENTIFIED MAN SPEAKER: Does the gentleman yield?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I 'd be happy to.
UNIDENTIFIED MAN SPEAKER: Judge Lewis, I just wanted to follow up on Representative Weber's comments. I've heard from my JPs as well, and they are concerned about the changes in the small claims process that are pro litigant, being changed to more pro-attorney and making it difficult for small claims to be settled in the JP manner with small claims. Can you expand on that, to answer my JPs that have raised questions about it, make it more difficult to have litigants and small claims amounts to seek justice.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y eah, I'd be happy to. And, in fact, I think one of the justice of the peace from Williamson County called in to talk about this, and discussed it with one of the people who are working on this and was very satisfied. Here's what it is: The separate designation of small claims, the place that is put into a separate place, is going to be eliminated. It is going to be -- the small claims section is going to be moved within with the justice of the peace. But the basic frame work and procedure, where you have informal proceedings that's designed for a quick resolution, to have the dispute between the parties at which the judge can actually participate with them, discuss the differences, try to get it resolved -- try -- the judge will kind of develop the facts. That's what small claims does. All of those rules now are going to be -- that's going to be the practice of the justice of the peace court. You're not going to have a justice of the peace with a formal hat and a small claims hat. All these civil cases will be basically -- will decided by small claims, in addition to making it more efficient so that you have just one docket and you don't have to try to go back and forth. The only difference is that the Supreme Court, since all cases are going to be decided in this small claims framework, the Supreme Court will prepare some rules to help just flush that out. But in this bill they're specifically instructed that their rules they prepare have to follow the small claims framework that I just i just described to you.
REPRESENTATIVE CHARLES SCHWERTNER: These changes that are in this bill, would this make more likely that you would have to hire an attorney to file a claim and have that claim prosecuted?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: No . And, in fact, I -- if anything it would make it less necessary. And I'm always for hiring attorneys, don't get me wrong. But actually it would make it less necessary, because before you had -- there were two different ways to file. The regular way with all the rules and then the small claims way. And now, except for the credit card and collection suits, they're always filed by an attorney anyway, except for those, all the claims will be handled by a small claims procedure set out will be all of the claims which how far they're filed they will be handled with that procedure they can be handled informally. The justice of the peace can help people resolve things, develop the facts and then rule if they're not resolved. So it will actually be less necessary to have formal hearings than it was before.
REPRESENTATIVE CHARLES SCHWERTNER: Thank you for answering those questions. I do just want to express several of my JPs did express some reservations about some of the provisions in your bill.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y es, and I mentioned before, the justice of the peace association, which represents all of the justice of the peace as far as I know, is for this. And they fully participated in developing these rules. I think there's just a little last minutes anxiety on this.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M r. Speaker?
REPRESENTATIVE JOE STRAUS: Representative Jackson, for what purpose?
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: W ill the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Lewis, do you yield?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I 'd be happy to my Chairman. And wish you were down here and its back there.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: R epresentative Lewis, we did hear some testimony from JPs and I think we consider -- you considered all their concerns. Let me just read a few and see if -- they did have some concerns about the proceedings. Just reading directly from the bill, if both parties appear a judge proceeds to hear the case, formal pleadings other than the statement are not required, the Judge shall hear the testimony of the partis and the witnesses and that the parties produce and shall consider the other evidence offered. The hearing is informal with the sole objective being to dispense speedy justice between the parties. Discovery is limited to that considered appropriate and limited by the Judge. Now that's all small claims stuff, that's nothing really earth shattering than what they're doing now. And that's in the law.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hat's correct.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: A nd they're protected in the law for that. That can't be changed by the Supreme Court or anyone else, but it's in the law.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hat's correct, sir.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: A nd that should be adequate protection, from what they tell me they want, don't you think?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hat's correct, sir. And, in fact, I have a letter from Judge Jacky Miller, the justice of the peace and constables association, it says basically three sessions ago that when this bill was initially drafted that Senator Duncan formed an advisory committee with justice of the peace across the State, including both of these associations, to participate in the drafting. And all the justice of the peace had the ability, and did work on the language, and this language is satisfactory, and that not everybody approves of it, but the great majority of seasoned and tenured justice of the peace do so.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: A nd this includes lawyer and nonlawyer JPs?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y es, sir.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: A nd what is the limit for small claims JP courts?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T en thousand dollars.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: T en thousand dollars? Thank you.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: W e have some amendments.
REPRESENTATIVE JOE STRAUS: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Lewis.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: W hat this amendment is about, members, is that there was a fiscal note on the bill as it came in, and there were several areas -- there was a requirement of another ten hours of instruction for justice of the peace. There was some provision for support staff for the regional presiding judges, new staff attorneys, and there were provisions for some studies. And what basically this amendment does, it takes out all the money that was going to be spent. It takes out the fiscal note. And instead of the addition of more hours of instruction, it just notes that the instruction they have should cover the matters that were supposed to be covered, and it takes out the administrative assistance and other personnel. And, as far as the studies are concerned, it just says no state funds can be used, that grant money gifts could be used. So that's the purpose of this amendment, and it's to take the fiscal note off totally. And I move passage of this amendment.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M r. Speaker, will the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Jackson, for what purpose?
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: W ill the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Lewis, do you yield?
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: I n fact, Representative Lewis, this amendment is in response -- partially in response to the JPs and what they wanted.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: A s far as the additional time, there was some discontent about the additional amendment of legal education, and certainly, if so they wanted to be paid for it. And that called for fiscal note.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: B ut they were heard in committee and we did pay attention and you did --
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y es, sir. That's correct, sir.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: T hank you.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T he amendment is acceptable to me and I move passage.
REPRESENTATIVE JOE STRAUS: Representative Lewis sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Naishtat. Amendment by Lewis.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: B asically what this amendment has to do with is foster children. Under federal law there is some money available for foster children after they reach a certain time period, and they are ready to go out on their own. But it requires continuing court supervision and certain standards. And all this does, it allows us our judges to continue that supervision for a short period of time so that these monies, which now we're paying out of state GR, will instead be paid out of these state funds. And it's a very, very good program designed to help these foster kids get a good chance towards getting out on their own, getting independent with some stability. That's the purpose of this amendment. And I move passage and it's acceptable to me.
REPRESENTATIVE JOE STRAUS: Representative Lewis sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Fletcher.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker , members, this bill helps equalize justice court dockets some of these cases to be tried in an adjacent county. This will help to relieve the workload of overburdened courts, while providing citizens with a speedier resolution to their cases. This is for counties over 3.3 million and it's acceptable to the author.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t is acceptable. The amendment is acceptable to me.
REPRESENTATIVE JOE STRAUS: Representative Fletcher sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Alonzo.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Alonzo.
UNIDENTIFIED MAN SPEAKER: Mr. Speaker, will the gentleman yield once the amendment has been adopted? This last one, I had question for the author.
REPRESENTATIVE JOE STRAUS: Mr. Lewis? Your question is for Representative Lewis? Representative Lewis, do you yield?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y es, sir.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: T hank you, Judge.
REPRESENTATIVE JOE STRAUS: Mr. Castro, do you want the amendment laid out first or --
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: No , it was actually on the amendment that just got added on.
REPRESENTATIVE JOE STRAUS: The question is for Representative Lewis?
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: R epresentative, now that last amendment by Representative Fletcher was just added, that applies I think only to Harris County; is that right?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hat's correct.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: A nd it speaks to Harris County cases that originate in Harris County being able to be heard by surrounding counties?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: W ell, I think it allows for the transfer of cases if the offense was committed in basically what would be Harris County by these numbers, and any precinct to the county which is adjacent to the county in which the offense was committed. And it has to do with I think just managing their case load so they can get it more evenly divided among the JPs here.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: W ould it just be criminal cases or it is civil cases, also?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t's criminal cases, as I understand it.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: I 'm sorry?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t's criminal cases, as I understood it.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: Oh , criminal cases? Okay. I think if it's criminal cases I think that makes it a lot easier, versers civil cases.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: R ight. This is for civil cases.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: A ll right. Okay. Thank you.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Dutton, for what purpose?
REPRESENTATIVE HAROLD V. DUTTON JR.: Woul d the gentleman yield?
REPRESENTATIVE JOE STRAUS: Just a moment, Mr. Dutton. Following amendment. The clerk will read the amendment. The amendment is temporarily withdrawn. Mr. Dutton?
REPRESENTATIVE HAROLD V. DUTTON JR.: My question was about the Fletcher amendment, which I thought Mr. Lewis was responding to.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Lewis?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y eah.
REPRESENTATIVE HAROLD V. DUTTON JR.: I'm still trying to understand the Fletcher amendment. Can you tell me specifically what it does?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: W ell, I would be happy for Mr. Fletcher to come back up here. Here's what I understand it to be: As far as venue, where a justice of the peace level, a misdemeanor case can be tried in Harris County, that one of the elements of venue is that if it's an offense committed there can be tried in the any precinct in the county that's adjacent from the county in which the offense was committed; among the other venues. You can try it in the precinct in which the offense was committed, in the precinct where the defendants resides, or if both of the sides agree, or within any other precinct within the county. Or you could try it in an adjacent precinct to the precinct in which the offense was committed. So you got four different options of sort of venue, of where you can try these Class C misdemeanors.
REPRESENTATIVE HAROLD V. DUTTON JR.: Which -- I mean, what's the real purpose of doing that now?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I think -- May I yield to --
REPRESENTATIVE HAROLD V. DUTTON JR.: Sure.
ALLEN FLETCHER: Mr. Speaker, members, thank you Representative Dutton. This is a redraft of the Senate Bill 1200, and it passed out the Local and Uncontested and it passed out of the House Committee on Criminal Jurisprudence, recommended for House and Local Consent. Currently, under many justice courts, they have unequal workloads and many of these courts have such a backlog of their dockets that it can take many weeks for a case to come to trial. And the eight Justice of the Peace court precincts in Harris County have widely different workloads. Precinct 5 has over 150,000 cases, while Precinct 6, on the other hand, handles less than 15,000. That means the busiest precinct handles ten more times the cases than the lowest. And the busiest two precincts handle more cases than all other six precincts combined. Precinct 1 handled a little over 102 truancy cases while Precinct 2 handled only 556. The only way to ensure that every citizen is receiving their day in court within a reasonable timeframe, is to allow for this workload to be reallocated to adjacent precincts when necessary. And that's all this does, Harold.
REPRESENTATIVE HAROLD V. DUTTON JR.: Okay . So how is the determination made on which precinct to have it in?
REPRESENTATIVE ALLEN FLETCHER: I'm sorry?
REPRESENTATIVE HAROLD V. DUTTON JR.: How is the determination made on which precinct to have it in?
REPRESENTATIVE ALLEN FLETCHER: To have -- To hold it in?
REPRESENTATIVE HAROLD V. DUTTON JR.: Whic h precinct would maintain the venue?
REPRESENTATIVE ALLEN FLETCHER: It would be the one that doesn't have the heavy case load, where they could try to get it scheduled for a docket.
REPRESENTATIVE HAROLD V. DUTTON JR.: And who would send it over there? Is there a presiding judge or something that would send your case over there or you do it by an agreement of the parties or --
REPRESENTATIVE ALLEN FLETCHER: I think it probably would be an agreement of the JPs. I mean, I think JP in -- as it indicated in 5, I would think Judge Kent Adams, I think he's in 4. Who is over 4? I'm not even sure which judge is over Precinct 5. But I think it would be their determination of who is going to share cases based on workload.
REPRESENTATIVE HAROLD V. DUTTON JR.: So the judges then -- The JPs could actually get together to decide?
REPRESENTATIVE ALLEN FLETCHER: Sure.
REPRESENTATIVE HAROLD V. DUTTON JR.: -- to move the cases around?
REPRESENTATIVE ALLEN FLETCHER: Sure.
REPRESENTATIVE HAROLD V. DUTTON JR.: Okay.
REPRESENTATIVE ALLEN FLETCHER: Thank you.
REPRESENTATIVE HAROLD V. DUTTON JR.: All right. Thank you.
REPRESENTATIVE ALLEN FLETCHER: Is that good?
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M r. Speaker?
REPRESENTATIVE JOE STRAUS: Representative Jackson, for what purpose?
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: W ill the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Fletcher, will you yield?
REPRESENTATIVE ALLEN FLETCHER: I yield.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: J ust to further explain this a little bit, we do redistricting by numbers of people. But the JP court load is not by numbers of people, it's by what's in those districts, and some districts have a heavier concentration of kinds of roads that generate tickets, and so you can't -- when you do redistricting by numbers of people to try to equalize the population sometimes that un-intentionally overburdens one precinct over another, and this would allow those cases to be transferred back and forth so that people could get a timely day in court?
REPRESENTATIVE ALLEN FLETCHER: Yes, sir. Thank you, Mr. Chairman.
REPRESENTATIVE JOE STRAUS: Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Weber.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Weber.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T hank you Mr. Speaker and members. My amendment will strike in Article 4 of the bill, Section 4.02 through Section 4.09, and ensure that we have a fair -- a small claims court, a JP court that remains closest to the people. Let me ask y'all a question, how many of y'all have gotten scores of phone calls telling you that the JP court needs fixing? Probably not many of you. My local JPs in Brazoria County have called complaining because they say this is going take away the latitude of the small claims court. And let me add that Texas is known for its small claims court. The JP system, as I travel round the country, we are proud of the system that we have. And to change that system unnecessary, and to give them rules of procedure, and with all due respect to the Judge, the Judge did state he's always in favor of hiring attorneys, here earlier at the mic. To change where there are procedures in place where you have to know the rules of procedures or hire an attorney that does, in order to be able to possibly win your case in a small claims court is really going to make it hard on the rank and file citizen that right now believes that they can go into a small claims court and get justice on small claims; they don't need an attorney, they can have their case done very, very informally by a local judge, and they like it that way. And, quite frankly, I like it that way. I don't like the idea that we're about the change the statute that will require our Texas citizens to hire attorneys. Nothing personal against attorneys in the House, but I think we want to keep the small claims court small, keep the local JPs, the local judge with the local flavor, and not somebody that needs attorneys; so that our Texan citizen would need attorneys. Therefore, I brought the amendment to strike Sections 4.02 through 4.09, which would take out the section changing the way small claims court is done. And I move passage.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M r. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Jackson, for what purpose?
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: W ill the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Weber, do you yield?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: Y es, sir, I will.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M r. Weber, I'm looking at the bill. Would you show me or point me to the part where it says they might have the to hire an attorney?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: C hairman, it doesn't say that in the bill. But when you talk about rules of procedure, even I'm enough of I guess an attorney's mindset to read between those lines.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: H ave you read page 48? It does call for rules of procedure but it tells the Supreme Court what must be in those rules of procedure.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: Y es, sir, I have.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: I t talks about informal and informal hearings.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: Y es, sir.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: T he hearing is informal, limited discovery. All those things that would tend to not to have to hire an attorney.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: Y ou mean like they're doing right now that doesn't need to be fixed?
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: I t's very similar to what we're doing now, except it does combine the small claims and the JP dockets.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: B ut it seems to be working well, and I don't know the need for the fix.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: W ell, this is -- I believe this would be a better overall fix, and maybe you don't see the need for a fix. There are those that do. And there are those JPs who do. So there is a disagreement.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T here is.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: A s I have mentioned before, these rules have been prepared with the assistance of the justice of the peace, both associations, over a long period of time. Everybody is not going to always agree. But, basically, this has been worked out so we can have the best system, and not have the very odd system of having two different halves of the same judge, two dockets when it's the same judge, same courtroom, same everything. And it's a lot more efficient. Therefore, I'm going to move to table this amendment.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: M r. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Weber, for what purpose?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: W ill the gentleman yield for some questions?
REPRESENTATIVE JOE STRAUS: Mr. Lewis, do you yield?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I 'd be happy to, Randy.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T hank you, Judge. Judge Lewis, has your office been flooded with calls to fix this problem?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: N o, sir.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: O kay. Has the system been working well, like it has been for how many years?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y ou know, it's hard to say. It's an odd system in which one court has two totally different sets of rules, just depending on the whim of whoever files the petition. So I don't think it works well in that sense.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: Is it safe to say has there been a lot of problems with it? You might have heard from some of your constituents?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T he reason these were prepared is because the justices of the peace, when we were going to say okay, what are the rules going to be? How are we going to do this? What is archaic, what's not useful anymore and what is? The justices of the peace felt that by a great majority all of the leadership, felt that it was foolish to have two different sets of books and two different ways to try the same cases, the same types of cases in their courts, and there ought to be one way and it ought to be really the small claims way for all but a very select, limited group of cases. Not -- limited in type, limited by volume, because there are a lot of credit card cases. So this is input from the justices of the peace all over Texas. And this is what they came up with. There are a few who don't like it, but I think it does solve a good need there to make these rules uniform.
REPRESENTATIVE BURT R. SOLOMONS: Mr. Spea ker, can I ask the gentleman a question?
REPRESENTATIVE JOE STRAUS: Mr. Lewis, do you yield?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I yield to the Chairman.
REPRESENTATIVE BURT R. SOLOMONS: We were talking a little bit off to the side about the amendment. I'm more concerned verses maybe some JPs not understanding what's going on. But I am concerned with the bill and maybe the amendment, as it may apply. The amendment may or may not be overkill. But it may be worthwhile, because what I'm trying to determine is I do not want small claims court or JP court, where -- in the context of a defendant who is being sued by a collection agency or somebody else, that somehow now we are under the rules of civil procedure and they have to respond in a formal manner, versus making it still an informal setting. And I don't want there to be a problem when we go home, should this bill pass, that somehow we made it such a burden on defendants of just anything. You know, like and you I were talking about, somebody sues for collection of $500 and they file a petition, and all of a sudden there's got to be formal defendant answers, there's got to be, you know, more discovery. There has -- It's supposed to be a people's court, and I don't want the defendant to somehow have to do more then what they're already doing. Does your bill, in dealing with this amendment, does your bill require defendants to do any more than what they're doing today?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I n line with what you told me, Chairman, you'll really like this bill, because it's more that way. Before, people could file -- if someone comes in and they have got a dispute with someone, they could file JP, which meant that you have the same rules that apply in every case, and the rules of civil procedure apply; or they could file small claims court in which you have the informality. And most people didn't know the difference, didn't understand it, the Judge just had to keep two sets of documents. And some judges just quit doing it.
REPRESENTATIVE BURT R. SOLOMONS: Right.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hey just made them all JP. But -- So what this does is it makes the default, fallback in almost every case method the informal method. It makes it the people's court, it makes it small claims court. So in every case, if somebody comes now after this bill passes, I hope; and it's signed and it becomes law, I think it will be May of two years from now likely that these rules will go into effect; what will happen when these people come in, they file their case in justice of the peace court, it's handled by the small claims practice and procedure, automatically. That's the way it will be. There will be some rule making from the Supreme Court, so now it's not an opt in, it's going to be in every case; just to facilitate that. But the justice of the court is already talking to the justice of the peace, they're going to be totally involved in this. And so it will be -- it will be small claims court for everybody. There are three branches or three types of cases that are now handled in the JP structure they will still be handled in the JP structure, and those will be credit card type cases.
REPRESENTATIVE BURT R. SOLOMONS: Okay. So those rules aren't really going change with that. So what you're trying to do is establish one set of the dockets, basically, with certain types of classifications with the same rules now for JP, but if your assurance to this body and to me and to Mr. Weber and so forth, that we are not changing the informality -- the informality of the justice courts and the -- or the small claims court, for everything under ten thousand dollars?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hat's right. That will be the default. That will be how they're all handled, is small claims court procedures.
REPRESENTATIVE BURT R. SOLOMONS: Okay. Thank you. And again, I move to table.
REPRESENTATIVE JOE STRAUS: The amendment is withdrawn. The following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Alonzo.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Alonzo.
REPRESENTATIVE ROBERTO R. ALONZO: Thank you, Mr. Speaker. Members, this is strictly an optional program that will require both judges and county commissioners to assess. And I think it's acceptable to the author.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t is acceptable.
REPRESENTATIVE JOE STRAUS: Representative Alonzo sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by King of Parker.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative King.
REPRESENTATIVE TAN PARKER: Mr. Speaker, members, in 1999 this House created a process whereby a minor could go and seek an abortion without their parents consent or notice, by going through a judicial bypass process. And, as part of that, there were two folks that were supposed to be appointed. One was to be a guardian ad litem, who would represent the best interests of the child under the family code, who would simply ask questions like are you sure this is in your best interest? Do you understand the medical implications? Are you sure you shouldn't tell your parents? That type of thing. Then there was supposed to be an attorney ad litem, who was supposed to be the lawyer, who was trying to get them through the legal process and would be the child's lawyer through that process. And it was worked out where it was a state actually would reimburse counties for the expenses paid to the guardian ad litem or an attorney ad litem for their services. And everybody anticipated that there would be two different people because it's two very distinct roles. Over the years, what has happened, I don't think by anybody trying to do anything wrong or anything like that, but the practice has been where in all instances that I am aware of, or almost all I've heard of, the practice has been where the attorney ad litem is appointed, not to be just the attorney but also to be the guardian ad litem. So they're not just two separate people, even though we all now, under jurisprudence, they are two very separate issues. I can tell you that that (inaudible) testified neutrally on this bill. And said that -- In committee, in the hearing, said we don't see any reason that it couldn't be -- shouldn't be two separate people. So that's all this does. It clarifies that it's supposed to appoint a separate person as guardian ad litem for the young lady, and a separate person as attorney ad litem for the young lady. That's the first part of the amendment.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Madden, for what purpose?
REPRESENTATIVE JERRY MADDEN: Will Representative King yield for one question?
REPRESENTATIVE JOE STRAUS: Mr. King, do you yield?
REPRESENTATIVE PHIL REPRESENTATIVE KING: I will.
REPRESENTATIVE JERRY MADDEN: Phil, did they have this amendment, did they not, in the Eldorado case? Was there not an example or two of that out there? Are you familiar with that?
REPRESENTATIVE PHIL REPRESENTATIVE KING: I do not know the answer to that, sir.
REPRESENTATIVE JERRY MADDEN: Can you at some stage possibility check that and let me know?
REPRESENTATIVE PHIL REPRESENTATIVE KING: I am not familiar with that. I'm sorry. But I know the traditional role of a guardian ad litem and an attorney ad litem are distinct roles. And one, in this case, is to represent the best interests of the child, and the other is to be the child's lawyer. And right now they're always being same person and they really need to be two different people. And that's all I'm trying to do is clarify what was the original intent, I can assure you, having been in those negotiations. The original intent was for it to be two separate people. And I think the practice has merged it into one, and that's what really --
REPRESENTATIVE JERRY MADDEN: Well, the Eldorado case had cases out there, even where there were young girls who were pregnant at the time, were they not? And I believe they had separate ad litems in that case.
REPRESENTATIVE PHIL REPRESENTATIVE KING: T hey probably do. Because, traditionally, you would have an attorney ad litem and a guardian ad litem, they are not generally the same person.
REPRESENTATIVE JERRY MADDEN: Okay. Thank you.
REPRESENTATIVE PHIL REPRESENTATIVE KING: A nd the second part of it is it simply requires a report --
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: M r. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Cook, for what purpose?
REPRESENTATIVE BYRON COOK: Will the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. King, do you yield?
REPRESENTATIVE PHIL REPRESENTATIVE KING: C ertainly.
REPRESENTATIVE BYRON COOK: Just for clarification for this body, this is the bill we heard in state affairs; is that correct?
REPRESENTATIVE PHIL REPRESENTATIVE KING: Y es. And it did pass that.
REPRESENTATIVE BYRON COOK: And it was well vetted in state affairs and it passed out of our committee, correct?
REPRESENTATIVE PHIL REPRESENTATIVE KING: I t did.
REPRESENTATIVE BYRON COOK: Okay. I just wanted to make sure that everybody knew.
REPRESENTATIVE PHIL REPRESENTATIVE KING: I thank you for pointing that out. I should have mentioned that. It passed out of state affairs and I think it had at least it had -- I believe, bipartisan support on it on the committee. Thank you. The second part just requires the Supreme Court to do an accounting of where the dollars are being spent. And I would move adoption.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I 've listened to the amendment, and I'll leave this to the will of the House.
REPRESENTATIVE JOAQUIN CASTRO: Mr. Speaker, did he accept the amendment already? Parliamentary inquiry.
REPRESENTATIVE JOE STRAUS: Mr. Castro, he said to leave it to the will of the House.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: O kay. Can I ask a question of Phil?
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative King to close.
REPRESENTATIVE PHIL REPRESENTATIVE KING: Oh , and by the way, I'm not be going ask for a record vote.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: Oh , okay. For purposes of legislative intent, is it correct to say that it is not your intent, once we get this to the counting of how much money is spent on judicial bypass issues, to ask that those funds be terminated in the future?
REPRESENTATIVE PHIL REPRESENTATIVE KING: A bsolutely. Because if you don't have those appointments and those funds paid, then the law becomes unconstitutional and it would be stricken.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: O kay. So that's not your intent?
REPRESENTATIVE PHIL REPRESENTATIVE KING: T hat is not my intent. I actually believe if you instruct those dollars that the judicial bypass would be unconstitutional, and would be struck. So it is certainly not my intent by any measure.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: O kay. Mr. Speaker, I would ask that the exchange between Representative King and myself be reduced to writing and pleased in the journal.
REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE JOAQUIN REPRESENTATIVE CASTRO: T hank you.
REPRESENTATIVE PHIL REPRESENTATIVE KING: M embers, again, I would just ask for adoption of the amendment on a division vote or whatever, voice vote.
REPRESENTATIVE JOE STRAUS: Representative King sends up an amendment. This is a division vote. Vote aye, vote nay on the King amendment. Showing Representative King voting aye. Have all voted? There being 120 ayes, 5 nays, the amendment is adopted.
REPRESENTATIVE PHIL REPRESENTATIVE KING: T hank you, members.
REPRESENTATIVE JOE STRAUS: Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Hartnett.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: Thank you Mr. Speaker. Members, this amendment requires the Supreme Court to gather statistics on a regional basis regarding the judicial bypass cases involving minors seeking an abortion. Right now there are no numerical statistics regarding this type of case. This amendment requires that no names or any confidential information be disclosed. It's just simply gathering numbers. Move adoption.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T his also I will leave to the will of the House.
REPRESENTATIVE JOE STRAUS: Representative Farrar, for what purpose?
REPRESENTATIVE JESSICA FARRAR: Will the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Hartnett, do you yield?
REPRESENTATIVE WILL HARTNETT: I yield.
REPRESENTATIVE JESSICA FARRAR: Mr. Hartne tt, I had a chance to scan your amendment briefly. What I did catch in there is that each judge would be basically scored according to how many judicial bypasses they granted, correct? Did I read that right?
REPRESENTATIVE WILL HARTNETT: No. The information would only be provided on a regional basis. You know, if a state is broken up into administrative judicial regions, and so the numbers would just be disclosed on a regional basis.
REPRESENTATIVE JESSICA FARRAR: So for the purposes of the body, give us what those regions are.
REPRESENTATIVE WILL HARTNETT: I don't know. I think those regions are --
REPRESENTATIVE JESSICA FARRAR: Is it by county?
REPRESENTATIVE WILL HARTNETT: Multicounti es. Nine.
REPRESENTATIVE JESSICA FARRAR: So in those counties you would see how many judicial bypasses were granted?
REPRESENTATIVE WILL HARTNETT: Right.
REPRESENTATIVE JESSICA FARRAR: Would there be any way that a judge would be -- Would that tally be tied to any individual judge?
REPRESENTATIVE WILL HARTNETT: No.
REPRESENTATIVE JESSICA FARRAR: Would it be tied to any individual minor?
REPRESENTATIVE WILL HARTNETT: No.
REPRESENTATIVE JESSICA FARRAR: Thank you.
REPRESENTATIVE JOE STRAUS: Representative Hartnett sends up an amendment. This is a division vote. Vote aye, vote nay. Showing Representative Hartnett voting aye. Showing Representative Lewis voting aye. Showing Representative Jackson voting aye. Have all voted? There being 102 eyes and 20 nays, the amendment is adopted. The following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Hartnett.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hartnett.
REPRESENTATIVE WILL HARTNETT: This amendment adds the presiding judge of the statutory probate courts to the list of the officials who are defended by the Attorney General when sued.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Hartnett sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Hughes.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, this is a bill, House Bill 3393, that the House committee passed, the House passed and it made it through the House and went to the senate. It hadn't completed the work over there. It's very straightforward. It just says that a court reporter will be given sufficient time to file their record. There was no fight about this bill. And, again, it's already passed the House, and I offer it and move adoption.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T his amendment is acceptable to me, so I think we can boogie woogie, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Representative Hughes sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Hughes.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, this amendment is along the lines of a couple that Mr. Hartnett and Mr. King had to do with a judicial bypass for notice for those minors seeking to terminate a pregnancy. It does two things: One has to do with venue. Normally, in the family code, venue is proper where the child resides, with very few exceptions. And so this bill says that if a minor is seeking to get judicial bypass of giving notice to her parents of an abortion she do it in the county where she resides, unless the county is less than 50,000 people. Then it gives her some liberty to go other places. We realize it's a personal thing, if there's one judge in town we don't want to make it awkward or difficult. And the second thing it does is the standard of proof. Right now, a judge can issue a bypass for parental notification just based on preponderance of the evidence. That means, more likely than not, it's a good idea. This amendment would raise the standard to clear and convincing evidence. Give you some background, that's defined in the family code, clear and convincing evidence, that means there is a measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. We already have this code used in the family code when we're terminating parental rights, when we're dealing with community property, when we're establishing child support, when we're denying genetic testing. So this clear and convincing evidence standard means the judge needs to make sure this is a good idea and then they can grant the bypass. It does those two things.
REPRESENTATIVE JOE STRAUS: Mrs. Farrar, for what purpose?
REPRESENTATIVE JESSICA FARRAR: Will the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Hughes, do you yield?
REPRESENTATIVE BRYAN HUGHES: Of course I yield.
REPRESENTATIVE JESSICA FARRAR: Mr. Hughes , going -- you're changing from a preponderance of the evidence to a clear and convincing level?
REPRESENTATIVE BRYAN HUGHES: Yes.
REPRESENTATIVE JESSICA FARRAR: And so do you see that that might cause difficulty for a minor seeking an abortion?
REPRESENTATIVE BRYAN HUGHES: Well, the intent is not to cause difficulty --
REPRESENTATIVE JESSICA FARRAR: I'm not asking about intent, I'm not asking what's in your mind or in your heart, I'm asking about the effect. What's the effect?
REPRESENTATIVE BRYAN HUGHES: No, I don't believe it would. I don't believe --
REPRESENTATIVE JESSICA FARRAR: Why not?
REPRESENTATIVE BRYAN HUGHES: We use clear and convincing evidence in the family code for important stuff, like terminating the parent/child relationship, like letting a minor get a health care decision made without parental consent. So this is already the standard in the family code for big decisions like this. And again --
REPRESENTATIVE JESSICA FARRAR: When parental notification was passed this was a language that was agreed to, and it has worked and it's continued to work. But now you are changing that. Why are you changing that?
REPRESENTATIVE BRYAN HUGHES: Well, I wasn't in the House when the bill was originally passed, and I have respect for those that worked on it. Based on whats in the family code and practice of what's in the family courts today involving children, it certainly seems like preponderance of the evidence is too low, and clear and convincing -- and again, it doesn't make it impossible. It just says this, it means the evidence or degree of proof that will produce, in the mind of the trier of fact, a firm belief or conviction as to the truth of the allegations sought. So it means the judge has to make sure this is the right thing to do.
REPRESENTATIVE JESSICA FARRAR: For the nonlawyers in the room and those watching, explain -- provide some examples.
REPRESENTATIVE BRYAN HUGHES: For example, we require that to terminate the parental right --
REPRESENTATIVE JESSICA FARRAR: No. Provide what -- You're a minor and you either have been abandoned or -- for whatever reason, you don't have a parent that can walk you through this. Maybe you're afraid of family violence, whatever, a parent is in jail, whatever it is you're that minor, and you're facing this very difficult situation. Provide us an example of what -- what now that minor is going to have to prove.
REPRESENTATIVE BRYAN HUGHES: We're not changing what the minor has to prove.
REPRESENTATIVE JESSICA FARRAR: You changed the level. You changed the level of evidence. So what kind of new evidence is that minor going to have to have?
REPRESENTATIVE BRYAN HUGHES: What the minor has to prove is the same as it was before, there are the three elements that were placed in the bill when it was originally passed. It's in Chapter 33 of the Family Code, so that hasn't changed.
REPRESENTATIVE JESSICA FARRAR: No, no. I'm not asking you to look something up. I'm asking to you speak from experience or imagine that person going through that experience, what kind of evidence will they have to present?
REPRESENTATIVE BRYAN HUGHES: Well, this doesn't go to that type of evidence. You don't understand that. The Judge --
REPRESENTATIVE JESSICA FARRAR: Yes, it does. That's what you say right here. Clear and convincing. Why is that -- And I'm asking for an example.
REPRESENTATIVE BRYAN HUGHES: The judge will be presented evidence, and I've never sought a judicial -- I have never sought a judicial bypass of a minor seeking parental notification for an abortion. The judge would normally hear oral testimony. As you know, that's the most evidence that we hear in court.
REPRESENTATIVE JESSICA FARRAR: Right. And that's what I'm talking about. And that's what I'm asking you for. What is the Judge going to be listening for now, under the change, verses how it's been all these fifteen years?
REPRESENTATIVE BRYAN HUGHES: What the Judge is listening for has not changed. The question is how convinced the judge to be. Under current law, it's preponderance of the evidence. Which, as you know, it is more likely than not. That's what the current law is. So if this amendment goes on, I want to answer, I'm trying to answer the question. I want make sure I understand it. If this amendment goes on the judge will weigh the same evidence and determine if it meets the standard of clear and convincing evidence. Just like what we did to terminate child/parent relationships.
REPRESENTATIVE JESSICA FARRAR: What will it take now -- Then let me make it real simple. What will it take now to convince the judge verses what it took before?
REPRESENTATIVE BRYAN HUGHES: It's going to be in the mind of an individual judge who hears the evidence. We're not subjects of the court.
REPRESENTATIVE JESSICA FARRAR: No, I'm speaking off track here. I'm asking you for a specific example. Because I just want to make sure that you realize how you're affecting, and the danger you're putting these minors in; who will go and then do desperate things. So tell me, what is it that the judge is going to need to hear and what is the judge listening for under the new standard?
REPRESENTATIVE BRYAN HUGHES: I think we understand that every case is different. And the judge is going to listen to all the evidence, and the judge, he or she, is going to weigh the evidence. What we're changing -- What we're changing is the level of proof. It's not the type of proof, but the level of proof.
REPRESENTATIVE JESSICA FARRAR: Just give me an example of that. That's what I'm asking for. Give me an example of what would convince a judge under the new standard.
REPRESENTATIVE BRYAN HUGHES: We're not changing anything about the evidence that's offered. Each judge, any judge, a judge hearing this petition is going to look at the evidence --
REPRESENTATIVE JESSICA FARRAR: What does the judge have to hear? What does the judge have to hear in order to grant a judicial bypass under the new standard?
REPRESENTATIVE BRYAN HUGHES: The statute says nothing about the type of evidence. This is not -- Nothing has changed.
REPRESENTATIVE JESSICA FARRAR: You changed the standard. So what does the Judge have to hear? That's all I'm asking you.
REPRESENTATIVE BRYAN HUGHES: The Judge has to hear --
REPRESENTATIVE JESSICA FARRAR: Are you aware of that? Are you aware of that of what the difference is? Are you aware of what the judge is going to have to hear in order to grant a judicial bypass under this new standard?
REPRESENTATIVE BRYAN HUGHES: The question they're asking is not something that is affected by this amendment. The type of evidence --
REPRESENTATIVE JESSICA FARRAR: It is. It is.
REPRESENTATIVE BRYAN HUGHES: The type of evidence --
REPRESENTATIVE JESSICA FARRAR: If it's not affected then do you mind striking that language from your amendment?
REPRESENTATIVE BRYAN HUGHES: The amendment doesn't go to the type of evidence, it goes to the level on which the Judge makes her decision.
REPRESENTATIVE JESSICA FARRAR: That's exactly what I'm asking you for. To give me an example --
REPRESENTATIVE BRYAN HUGHES: Clear and convincing evidence.
REPRESENTATIVE JESSICA FARRAR: Give me an example of what a judge would hear to grant a minor a parental bypass.
REPRESENTATIVE BRYAN HUGHES: The judge is going to listen to testimony from the minor, and the minor, or the guardian ad litem for the minor will explain whether they think it's in the child's best interest, or whether they think the child will be able to make a decision. Whether they think the child is in danger of abuse if the abortion is not allowed. Those are all the factors that were there before and after this amendment. The judge listens to all that and then she will decide whether it reaches the level necessary to grant --
REPRESENTATIVE JESSICA FARRAR: Let's pretend you are a judge, or I'm a judge, whomever. And what is it the minor -- what kind of story would convince the judge, or what at what level would convince the judge that she needed a parental bypass?
REPRESENTATIVE BRYAN HUGHES: The minor, the folks speaking for the minor will speak to the judge based on what the statute says, they'll either show or try to show that the child is mature and able make its own decision, the decision is in the best interest of the child. So let me finish. I'm trying to answer. They'll also want to know if there's a likelihood or a possibility of abuse, if the notification is given. That's in the statute. We're not changing that at all. All we're saying, all we're saying is, please, let me answer. All we're saying is when the judge weighs this evidence, she will then decide it by clear and convincing evidence, just like a judge does when terminating a child/parent relationship.
REPRESENTATIVE JESSICA FARRAR: You finally gave me a sliver of an example. The minor is being abused, okay. So right now, under the preponderance of the evidence, what is the difference in what the judge is hearing compared to clear and convincing evidence; that level, what is the difference going to be?
REPRESENTATIVE BRYAN HUGHES: I guess I'm not using the right words. The type of evidence will not change. Will not change. The difference is, under the current law, the judge will determine it's more likely than not -- Let me finish. Let me finish. The Judge will decide more likely than not in the child's best interests. If the amendment is adopted then, just like when we're terminating the child/parent relationship, like when we're allowing medical care without parental consent, just like that, the Judge is going to say I'm going to weigh this and I have a firm belief or conviction that this is true and this is in the child's best interests. The judge is still weighing the same evidence. Nothing is changing about that. And I apologize if I'm not answering your question.
REPRESENTATIVE JESSICA FARRAR: You're not answering my question. Therefore, Mr. Speaker --
REPRESENTATIVE JOE STRAUS: Mrs. Farrar, for what purpose?
REPRESENTATIVE JESSICA FARRAR: I raise a point of order on this amendment under Rule 11, Section 2.
REPRESENTATIVE JOE STRAUS: Bring your point of order down front. Point of order. The point of order is temporarily withdrawn. The amendment is temporarily withdrawn. The following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Hughes.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, this one is a whole lot easier, I promise. It deals with inmate litigation. House Bill 1418 was passed by committee on an 8-0, 1 present not voting. Passed the House, it's over in the Senate. And here is what it does: Under current law, if an inmate, someone incarcerated in prison, Texas jail, files the same lawsuit over and over again, this just makes sure frivolous things aren't being repeated. It's acceptable to the author and I move adoption.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t's acceptable.
REPRESENTATIVE JOE STRAUS: Representative Hughes sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Hughes.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, this is also really easy. This was passed unanimous by the Homeland Security Committee, passed by the House. And this just treats associate judges, those judges that handle child support and CPS cases the same way we treat district judges. So when we apply for a concealed handgun license they go take the same course we take, they do the shooting part, they don't have to go through all the part about the law because they already know that. Chief Justice Jefferson wrote the legislature asking us to pass this, it was passed unanimously out of the committee, passed by the House. And I would offer it to the author and he's nodding his head. Acceptable to the author. I move adoption. Thank you, Judge.
REPRESENTATIVE JOE STRAUS: Representative Hughes sends up an amendment. It's acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Eiland.
REPRESENTATIVE JOE STRAUS: Is Mr. Eiland on the floor of the House? The amendment is temporarily withdrawn. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Kolkhorst.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members. This amendment moves Walker County from the 10th Court of Appeals to the 1st and 14th Court of Appeals. Move passage.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: A cceptable to me.
REPRESENTATIVE JOE STRAUS: Representative Kolkhorst sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Chisum.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, this just adds a district attorney in Bailey and one other, Palmer County, as a professional prosecutor.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t's acceptable to me.
REPRESENTATIVE JOE STRAUS: Representative Chisum sends up an amendment. It's acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. The following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Paxton.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Paxton.
REPRESENTATIVE KEN PAXTON: Mr. Speaker, members, this is amendment would allow the Collin County Probate Court the ability to record uncontested probate cases electronically. I believe it's acceptable to the author. I move adoption.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T his is acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Paxton sends up an amendment. It's acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Rodriguez.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Mr. Speaker. Members, this amendment would require a fiscal note to be prepared before the Bar can enact or give a disciplinary rule placed on Texas attorneys. In the recent past, the Bar has attempted numerous changes to the disciplinary rules. Most of them are reasonable, there were some that are controversial and likely to cost attorneys and clients significant sums of money. Before passing legislation, we had to file a fiscal note to have this fiscal note prepared for us so that we know exactly what this is legislation going to cost, to making these decisions. And I think we should apply the same system to the attorney disciplinary rules. With that, I move adoption.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y eah. I think -- this requests an amendment on a cost benefit analysis of Supreme Court rules. Goes outside of what all of this in many years of work is designed to do. I don't think it's something that we need at this time, under this bill, and I move to table.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Mr. Speaker. Members, this is really -- I think this is an issue of fairness. I think there's an issue of rules that are -- that can be made that are going to cost attorneys money. Well, it costs therefore, the clients' money. All this amendment is trying to do to have some transparency so that we know what these rules may cost. A fiscal note, like what we get on some of our bills, a fiscal note on some of these rules for disciplinary action, members, for a transparency. I hope you can stick with me and vote no on the motion table. Thank you, members.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Rodriguez sends up an amendment. There's objection to the amendment. Mr. Rodriguez sends up an amendment. Mr. Lewis moves to table. The question is on the motion to table. Vote aye, vote no, members. Division vote. Have all members voted? Have all members voted? Showing Representative Anchia voting no. There being 91 ayes and 49 nays, the motion to table prevails. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Burman.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Representative Burman.
REPRESENTATIVE LEO BERMAN: Mr. Speaker, members, this bill, this amendment was passed out of the judiciary and civil jurisprudence committee. It passed on the floor of the House. And what it does is it prohibits Texas courts from adjudicating or rendering decisions based on international law or foreign law. Foreign law means a law, or rule, or a legal code of a jurisdiction outside of the United States. This is spreading rapidly throughout Europe. It's almost in every state. It's in family code, only. It's not in contract code. And I believe there's an amendment to this amendment. the chai: The following amendment to the amendment. The clerk will read the amendment.
THE THE CLERK: Amendment to the amendment by Hildebrand.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Hildebrand.
REPRESENTATIVE HILDEBRAND: Mr. Speaker, members, this amendment simply adds to the constitution. I mean the fact that foreign law won't be accepted in our courts if. It violates our U.S. constitution. It also adds our civil rights. It's in the same context as that of family law. Move passage.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Hildebrand sends up an amendment. The amendment is acceptable to the author. Is there objection to the adoption of the amendment? The Chair hears none. So ordered. Chair recognizes Mr. Burman.
REPRESENTATIVE LEO BERMAN: Move passage.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I 'll leave it to the will of the House.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Burman sends up an amendment. The question is on the adoption of the amendment. All those in favor say aye. All those opposed say no. The ayes have it. The amendment is adopted. Following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Weber.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Representative Weber.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T hank you Mr. Speaker and Emily. This is an amendment that says when bail is set by a judge, that a lower judge, indeed a jail magistrate, cannot reduce the bail. And I hope that it is acceptable to the author.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T his is not acceptable to me. I've looked at it. It actually -- before a judge or a magistrate may reduce the bond, then a judge or magistrate shall provide some notice and support. If everything were simple and everybody were easy to reach all the time, the judge and the prosecutor were right there all the time, this might work. And I usually try to get notice to the State Attorney. But, quite frankly, a lot of times you get a call from the jail, someone has been arrested in another county. There's a reason to set a bail differently from the bail that was originally set, or the sheriff will call and say we need to get this person out of jail and lower it.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Weber, for what purpose --
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: A nd, therefore, for that reason, I'm going to -- I'll move to table this.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: M r. Speaker. the chai: For what purpose, Mr. Weber?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: W ell, first off, will you turn my microphone on? But now I will say will the gentleman yield for a question?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I will.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: G entleman yields.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T hank you. Thank you, Judge. You and I visited about this briefly. There was a case where it was a sexual offender and it was a pretty heinous case. And a judge that issued the warrant that was involved and had first-hand knowledge of the case had set a bail. And then my understanding is when he got into the jail that the jail magistrate actually reduced that bail. And I believe this amendment says that -- if you read the amendment, you got it in front of you?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I do have it in front of me.
REPRESENTATIVE WEBER: Well, if you look on line 13 it says that the judge -- Well, line 12, the judge or the magistrate shall provide to the attorney representing the state reasonable notice of the proposed bail reduction. The intent -- And then it goes on to say on request of the attorney representing the state, or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction. So don't you agree that that just simply give a notice, and provides for a hearing before the bail can just be reduced by a lower magistrate?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: Y ou know, it does provide for what you said. But I will tell you there are oftentimes when a judge has to act, and the state's attorney is not around. You got to understand, we have many courts in which -- in counties in which the district attorney is in a far off town, and the person is incarcerated. And it may not even be that district attorney's case. The person may be incarcerated on a warrant out of another state, or out of another jurisdiction. And there's just not the -- It's not as simple as this would look. There are lots of times that a judge has to increase the bond or lower the bond, based on a case -- on the circumstance before them, without time to get people there, without time to find the district attorney and get them over there, it happens fairly frequently. And it's a -- probably a lot more informal than you think. But it all works well. But you got to have that flexibility as a judge to meet the circumstance before you.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: B ut if a hearing is set forth in the statute, if a hearing is provided for in the statute, what would you say the time of that hearing would be? At the most one day, two days?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: W ell, it depends on whether you can get the district attorney there for a hearing. It depends on -- Like I said, many of these rural counties you've got very large districts where the district attorney may be in one city and the judge in another. Or it may not be that district attorney. The district attorney may be in Houston for the person who has been arrested, in Ecker County, and that's a rift for the court to hear. So, generally, the circumstances can be very varied. And this covers a lot of different circumstances. And I just think it would be -- Have a lot of bad, unintended consequences. It often works and I would usually try to get the district attorney there when I was a judge, or, you know, visit with both sides about a bond. But sometimes it doesn't and you need to take action. And I'll move to table.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: B efore you do, Judge, I want you to answer one more question for me. In this particular instance where there was a person accused of a sexual crime, a pretty heinous sexual crime. If that bail was reduced and hat person was out on the street, you wouldn't want that on your conscience that that person had gotten out due to the reduced bail. So what harm do you see, other than it may be an imposition of the district attorney or the defendant to get there within a day?
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: W ell, it just may not work. But there are all sort of circumstances. You can make any circumstance. You can have a circumstance for someone had a way too high of a bail or a bond. You know, nobody is perfect, but if the district attorney is there or a hearing there, it doesn't mean that judge would not have reduced the bond in the case you talked about. But we've got tens of thousands of situations every year, and I just think we need to give judges the flexibility of setting bonds where, you know, where they feel that they should be, without this kind of requirement. Because it oftentimes it's the sheriff in the jail that calls and says we've got a serious situation. We need an adjustment of that bond. And you need to look at those situations like and, like I say, the prosecutor may not even be able to be found. So that's why I move to table.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F or what purpose, Madam Doorkeeper?
MADAM DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: A dmit the messenger.
SENATE MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following --
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Weber to close.
REPRESENTATIVE WEBER: Thank you, Mr. Speaker. Members, I want you to pay attention. There was a case where there was a sex offender arrested for pretty much a minor issue to get him off the street while they finalized their case. The judge that was involved in the case, that knew all the details, that was in on the issuing of the warrant, set a pretty high bail with the county court judge. He ordered -- the judge ordered a higher than normal bail, with additional restrictions on purpose; because he wanted the accused to remain in jail until they had time. The jail magistrate ultimately reduced the bail, and ended -- and they ended up refusing the affidavit on a technicality. Now you wouldn't on your conscience if there was an offender out there that got a low bail and that offender went out and harmed another child or another person. I think it makes good sense. We have laws in place. Cities do not get to override states. States don't necessarily get to override the United States Congress. And so for a lower judge to override a higher judge, in my opinion, shouldn't be allowed to happen, and hence the need for the amendment. And I would urge you to vote no on the motion to table and let's protect our streets.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Weber sends up an amendment. Mr. Lewis moves to table. The question is on the motion to table. This is a division vote, members. Vote aye, vote nay. Show Mr. Lewis voting aye. Have all members voted? Have all members voted? There being 102 ayes and 26 nays, the motion to table prevails. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by McClendon.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mrs. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Thank you Mr. Speaker and members. This amendment will enable county courts of law, county courts, JP courts and other non-district courts to adopt victim offender mediation programs for first time misdemeanors. And it's acceptable to the author.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: V ery, very good amendment, and it's acceptable to me.
REPRESENTATIVE ALLAN RITTER: Mrs. McClendon sends up an amendment. The amendment is acceptable to the author. Is there objection to the adoption of the amendment? Chair hears none. The amendment is adopted. The following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Christian.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Christian.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you Mr. Speaker. This is a bill that was in calendar and it simply allows small counties under a hundred thousand to allow a justice of the peace to issue search warrants. It's acceptable to the author.
REPRESENTATIVE SYLVESTER TURNER: Mr. Spea ker, Mr. Speaker, Mr. Speaker?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Will my good friend, Representative Christian, come back to the podium?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: H e yields.
REPRESENTATIVE SYLVESTER TURNER: Represen tative Christian, you want a justice of the peace to be able to issue a search warrant?
REPRESENTATIVE WAYNE CHRISTIAN: Yes. And there's required training for them to be able to do that. Just in counties under a hundred thousand. We find that in many of our counties under a hundred thousand that's not a magistrate there, a justice of the peace is not available for many days.
REPRESENTATIVE SYLVESTER TURNER: Represen tative Christian, that is such a -- What will it require for them to get the training? I mean, because there are some justices of the peace that are not lawyers. Not to say the lawyers are the best thing, but there are some justices of the peace that are not lawyers. Is that correct?
REPRESENTATIVE WAYNE CHRISTIAN: That's correct. Mr. Gallego was very careful in committee to recommend training, and to approve them out and even increase what they originally had in there. So training is required for justice of the peace to do that.
REPRESENTATIVE SYLVESTER TURNER: So did the bill get voted out of the committee?
REPRESENTATIVE WAYNE CHRISTIAN: Yes. It was in calendars.
REPRESENTATIVE SYLVESTER TURNER: And it's in calendars?
REPRESENTATIVE WAYNE CHRISTIAN: That's correct.
REPRESENTATIVE SYLVESTER TURNER: Can we just wait for it to come out of calendars? Can we just wait a little bit? I just think this is such a fundamental shift. I know there are a lot of amendments that have been put on 1717, a lot of amendments. But search warrants?
REPRESENTATIVE WAYNE CHRISTIAN: That's correct. In small rural counties they are just not available, the judge at the level that are needed.
REPRESENTATIVE SYLVESTER TURNER: What do they do now?
REPRESENTATIVE WAYNE CHRISTIAN: As to our time period, they are just not available. They are requested by law enforcement folks in rural Texas.
REPRESENTATIVE SYLVESTER TURNER: What do they do now?
REPRESENTATIVE WAYNE CHRISTIAN: They wait until they can get a judge.
REPRESENTATIVE SYLVESTER TURNER: They wait for a district judge in order to get search warrant?
REPRESENTATIVE WAYNE CHRISTIAN: That's right.
REPRESENTATIVE SYLVESTER TURNER: And that hadn't worked up to this point in time?
REPRESENTATIVE WAYNE CHRISTIAN: It has hurt some cases. It has delayed. You have to go find a judge. It's not very easy in rural counties to be able to do that at times, when you just have one district judge for several counties.
REPRESENTATIVE SYLVESTER TURNER: I know that this bill deals with operation and administration.
REPRESENTATIVE WAYNE CHRISTIAN: We do not have, Mr. Turner, judges in every county, and that's our trouble. There's nobody to do the search warrant except a couple of counties away.
REPRESENTATIVE SYLVESTER TURNER: I understand that. Look, I am a member of the rural caucus. And I am --
REPRESENTATIVE WAYNE CHRISTIAN: We are not letting anybody in the rural caucus issue a search warrant.
REPRESENTATIVE SYLVESTER TURNER: Right. I understand that. I am just uneasy with moving down this road because why should, for example --
REPRESENTATIVE WAYNE CHRISTIAN: We're not moving.
REPRESENTATIVE SYLVESTER TURNER: I know we're allowing -- You're asking for it to be allowed for certain areas with a certain population.
REPRESENTATIVE WAYNE CHRISTIAN: That's right.
REPRESENTATIVE SYLVESTER TURNER: Then what happens, for example, if JPs in other areas say you are allowing it here, why not allow it over there? Where do you draw a line? Is it fifty thousand, is it a hundred thousand?
REPRESENTATIVE WAYNE CHRISTIAN: That will be up to future legislatures. Did you know the constitution does not allow us to limit, obligate nor stop a future legislature from doing whatever they want. So that argument that some future legislature can come in here and so something bad, evil and wrong is kind of a nonissue; because we can't limit future legislatures. So for this legislature to make a decision for the current situation, there is need in rural Texas, there is a void there in rural Texas, and we need this to help out in getting law enforcement what they need.
REPRESENTATIVE SYLVESTER TURNER: Well, I have a sense of uneasiness about moving in this direction. I understand what may not -- resources that may not be available, or the fact that there may not be a state district judge there at the time when you may want that person to be there. Give me some idea of how you have been negatively affected by not being able to get a search warrant when you needed a search warrant?
REPRESENTATIVE WAYNE CHRISTIAN: Well, of course, there's all types of examples of law enforcement that are needing search warrants to really get evidence while it's fresh, while they're aren't changes there, to be able to block things off to get where they can order a search warrant. And A lot of times, if you take two or three days, which literally has occurred on the weekends in some small rural counties, where literally the only county judge -- district judge for the three counties was off on vacation somewhere. There are emergency situations for sure, and regular situations that our law enforcement cannot solve a case or even pursue a case when the evidence --
REPRESENTATIVE SYLVESTER TURNER: I just think that we are now -- We are now wandering into constitutional waters, civil liberties. I mean the rights of people. When you start allowing people to mess with our constitution, irrespective of geographical constraints, I think we have problems, Representative Christian. I just place the constitution so far up here, I place it way up. And I think this amendment, I think this amendment is somewhat -- I think we're walking on some very shaky ground right now. When we start allowing individuals that are not lawyers, that are not lawyers, have not been trained, to start issuing search warrants in their counties --
REPRESENTATIVE WAYNE CHRISTIAN: Well, if it be a jury or a trial or whatever is there, or judge, to issue any search warrant that was issued wrong, and it will be reviewed on the time before it even goes to trial or charges are continued. So this is not an end all process that somebody is guilty when that is issued, it just allows evidence to be captured in a time where many times, many times, time is of the essence. So that's what this does.
REPRESENTATIVE SYLVESTER TURNER: But just think what you're asking us to do, Representative Christian. And, again, I don't want us to get into a rural verses urban or suburban, because that's not my issue. My issue is allowing a JP -- to allow a JP to issue a sworn -- to allow somebody to go into your home, or to go into your office, or to go onto your private property under the guise of the United States constitution. That's my issue with it.
REPRESENTATIVE WAYNE CHRISTIAN: Well, that's why we're here, and this body that is ability to pass law. This is not something that's just being done at the town council, this is for the Texas House. We have the ability to interpret work for the U.S. Constitution and the Texas -- what's appropriate for us to consider and make and break and do whatever we need to to the law, and we do need to watch constitution. It has been rendered by the committee and before the calendar committee, so it's not something that just floated up, it's an issue caused across the State, it was brought to us by smaller counties. There is a problem of collecting the evidence, and it's harming the justice system in our state.
REPRESENTATIVE SYLVESTER TURNER: But do you understand my uneasiness with this? I mean we are talking about giving somebody -- a JP --
REPRESENTATIVE WAYNE CHRISTIAN: Well, it's not just anybody. A JP, remember, you're talking about like this is nobody. They are elected, often just like this body is elected officials.
REPRESENTATIVE SYLVESTER TURNER: But they are --
REPRESENTATIVE WAYNE CHRISTIAN: And they again.
REPRESENTATIVE SYLVESTER TURNER: There are a whole lot of elected officials that I would not give them the power to issue a search warrant.
REPRESENTATIVE WAYNE CHRISTIAN: Well, I understand that. But there are also a lot of good lawyers, bad lawyers, just as bad judges, good representatives. Everybody has got good and bad. My family, too. But that is not relevant to the case that we're harming the law enforcement ability of small rural areas.
REPRESENTATIVE ALLEN FLETCHER: Representa tive Sheffield raises a point of order, that the gentleman's time has expired. The Gentleman's point of order is well taken and sustained.
REPRESENTATIVE WAYNE CHRISTIAN: Move passage.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Lucio in opposition to the amendment.
REPRESENTATIVE EDDIE LUCIO III: Thank you Mr. Speaker. Members, I want to be really clear on what we're doing here. Right now you can already do this in rural counties. You can already do this but you have to go through a few loopholes. One, there must not be available a municipal court judge who is an attorney. So if that's available you have to go to that judge first. Two, if there's a county court judge who is an attorney, then you would have to go to that county court judge. Or three, a statutory county court. So if those three options aren't available, which I think Representative Christian wants to address, you have to the ability go to a magistrate or a JP, as we call them. But if you just allow them to go straight to a JP and circumvent the first three requirements that currently exist, you're doing away with a lot of due process that, as a state, we have guaranteed. So what you're intentionally doing is saying that in rural counties people don't deserve the same constitutional protections and due process as they would in urban counties. As they're talking about availability, that is already addressed. All that we're asking them to do is go through -- Give me one-second. All we're asking them to do is go through three possible steps where we have a licensed individual in a situation or a in a position of a judgeship or a magistrate, and then, if those aren't available, then you can go straight through a JP or a magistrate judge. And I will yield.
REPRESENTATIVE DAN BRANCH: Mr. Lucio, is it your experience that these alternatives that are already in the law, whether it's a municipal judge who is a lawyer, or the three alternatives that you just mentioned, that in most cases that one of those is available?
REPRESENTATIVE EDDIE LUCIO III: You know, I don't live -- I wouldn't say, in an urban county. I live on an border community that still has -- and surrounding counties as well, that is still very rural. And I don't believe that I have seen in my experience a big outcry that there's someone not available to address this.
REPRESENTATIVE DAN BRANCH: So even in your area, because I can tell you that in the urban and suburban areas there's plenty of access to these options. But in your areas you're saying that there's one of the three options, at least, are available to someone that needs this sort of warrant?
REPRESENTATIVE EDDIE LUCIO III: Exactly. At this day an age the training that everyone goes through and how organized and evolved counties are, they've addressed this.
REPRESENTATIVE DAN BRANCH: The amendment, and maybe Mr. Christian knows, and if it's already been said then I apologize, but how many counties, how many counties are a hundred thousand or less in the State of Texas? That seems we're opening this up to a lot of counties.
REPRESENTATIVE EDDIE LUCIO III: A lot of counties. That's first. And second, Representative, essentially we're saying we will let you do this, as it exists now, we will let you do this, but jump through these initial processes first, because we have created a situation that we truly believe works, and provides the ultimate due process and constitutional protection. So what this still does is say even if you have available these three things that exist now you can go straight to the JP. Don't get me wrong, we have some wonderful, wonderful very capable JPs in the area. But the -- and I don't see in this particular amendment any training that we would now do to accommodate what this amendment would do in terms of JPs. But we're doing away with a lot of due process and, essentially, giving people in rural counties less protection than we to in urban counties.
REPRESENTATIVE DAN BRANCH: It just seems like it's a dramatic opening, and I don't how many counties were affected, but my sense is we are talking about a lot of counties, out of 254 counties in the state that have a hundred thousand or less.
REPRESENTATIVE EDDIE LUCIO III: Absolutely . That's correct.
REPRESENTATIVE RENE O. OLIVEIRA: Mr. Spea ker?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Oliveira, for what purpose?
REPRESENTATIVE RENE O. OLIVEIRA: Will the gentleman yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: L ucio -- Gentleman yields.
REPRESENTATIVE EDDIE LUCIO III: Absolutely .
REPRESENTATIVE RENE O. OLIVEIRA: Represen tative Lucio, I think we need to go back and talk about -- and I think you'll agree what the 14th Amendment is about, and what a reasonable and unreasonable search and seizure. I can see that rural counties have a problem, but this isn't the fix; wouldn't you agree?
REPRESENTATIVE EDDIE LUCIO III: I agree.
REPRESENTATIVE RENE O. OLIVEIRA: Once your home, your sanctuary, has been violated by a police officer or someone who thinks that maybe you committed a crime, because we're just talking about probable cause, we're not talking about anything more; I think the folks in rural counties want to know that they're better protected, don't you?
REPRESENTATIVE EDDIE LUCIO III: You know, you can never take that back. You know, once that privacy, that sanctity of your home has been violated, you can never take that back --
REPRESENTATIVE RENE O. OLIVEIRA: If I'm a member of the tea party, which I'm not, but if I am, I think I would be real concerned about the taking away of the rights of homeowner's like we've talked about here over and over, the rights of property owners to have their places so easily being subject to search and seizure; wouldn't you agree?
REPRESENTATIVE EDDIE LUCIO III: You know, I think when we established due process and when we -- in regard to search and seizure, we made it a pretty high level; that someone had to have great probable cause and go to a very capable decision maker in order to grant that search warrant. And we're lessening those requirements through this amendment. And I would think, regardless of your party affiliation, but even more, those more conservative Texans would want to know that their home, their castle, their sanctuary would be protected as we intended in our Texas and United States Constitutions.
REPRESENTATIVE RENE O. OLIVEIRA: And I respect that there are problems in rural Texas, perhaps. But this isn't the solution. Because I think when someone goes into your home with a search warrant you are basically being violated at the most fundamental level, and subject to an intervention by the government that we would all want to see is only going to happen in the most serious of cases, and having the right people review the request for a warrant.
REPRESENTATIVE EDDIE LUCIO III: I don't see why we should single out rural counties and give citizens of rural counties less constitutional due process, because it's more convenient for law enforcement to go directly to a JP as opposed to following the current law, which has in it many protections and very capable decision makers when it comes to search and seizures.
REPRESENTATIVE RENE O. OLIVEIRA: Well, I practiced law in many rural counties, and what is often going on in serious cases, the district attorney's office is involved, they have access to proper judges, they can get their warrants and they can get it done just as easily as even in urban counties. But here we are creating a lesser standard of basic rights of people in rural counties, when they may be completely innocent of any wrongdoing. And I think we should do that with great, great reservation and hesitation. Don't you agree?
REPRESENTATIVE LEWIS: I agree. Thank you, Mr. Chairman.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F or what purpose, Mr. Madden?
REPRESENTATIVE JERRY MADDEN: Will the gentleman yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Lucio would you yield?
REPRESENTATIVE EDDIE LUCIO III: Absolutely .
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hairman yields.
REPRESENTATIVE JERRY MADDEN: Mr. Lucio, one of the things we get into in our correction field a lot IS judicial authority and judicial responsibility, and if something IS taking away powers of judges, verses it adding to the power of the judges. And I'm going to ask the same question to Mr. Christian, also. But, in your opinion does this amendment remove certain powers of certain discretions of some of our judges that are out there?
REPRESENTATIVE EDDIE LUCIO III: It removes that power and discretion from the district court judges or the other judges that are currently, we allow to accommodate other rural counties, and it puts it, and it shifts that power and puts that power to the magistrate --
REPRESENTATIVE JERRY MADDEN: Most of those counties do not have county court at laws, is that correct? Or do they have statutory county judges?
REPRESENTATIVE EDDIE LUCIO III: That's my understanding.
REPRESENTATIVE JERRY MADDEN: So it's not really taking anything from them, okay, because there's none of them there. Most of them, to get warrants, they go where? They go to the district judges, is that where they go?
REPRESENTATIVE EDDIE LUCIO III: Right knew we accommodate rural counties by allowing them to go to a municipal court judge, who is a licensed attorney. We allow them to go to a county court judge, who is a licensed attorney. Or we allow them to go to a statutory county court judge, which is county court of law. But if none of those exist, currently we allow them to go to a magistrate to issue the search warrant. But we first say we prefer you go to the licensed magistrate or the licensed judge, municipal judge or the licensed county --
REPRESENTATIVE JERRY MADDEN: Is it fair to say that that municipal judge is not an elected judge, where the other two judges are; is that correct? And the judges that Mr. Christian is bringing in are elected officials, verses nonelected or appointed?
REPRESENTATIVE EDDIE LUCIO III: And that might be a policy decision that we want to make. Do we want those who are going issue search warrants to have, you know, first and foremost, before we allow other accommodations; to be licensed attorneys, who are very familiar with the Constitution? JPs normally don't deal --
REPRESENTATIVE JERRY MADDEN: Are you assuming that all licensed attorneys are familiar with the constitution.
REPRESENTATIVE EDDIE LUCIO III: I hope those that are issuing search warrants are, sir. I would give them that, you know --
REPRESENTATIVE JERRY MADDEN: I'm not sure all of them are, but that's okay.
REPRESENTATIVE EDDIE LUCIO III: Well, you can say that about any profession. But I will say this is a very serious matter that we are addressing, allowing people to go into someone's home based on probable cause.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: R epresentative Truitt raises a point of order, that this gentleman's time has expired. The point of order is well taken and sustained. Anyone else wishing to speak for or against -- Chair recognizes Representative Turner to speak in opposition.
REPRESENTATIVE SYLVESTER TURNER: Mr. Spea ker and members, I promise I will not be long. But please look at this amendment. We are talking about the United States Constitution. And, quite frankly, this is not rural or urban or suburban, it's not even democratic or republican. And just ask yourself, who do you want to be able to give a search warrant to enter your home? I mean, who are you going to trust on a search warrant to enter into your home? Now the Constitution protects all of us, whether we are in rural Texas or urban Texas. The Constitution protects us all. And when we start saying that a search warrant can be issued by someone who may not be a lawyer, may never been a judge, or anything like that; and that with this search warrant they can invade your home, I think that's putting it on a different plane. Wait a second, Mr. Madden, and I'll yield. And I believe this needs to be fully vetted on its own merits, and not added in the last week of the legislative session as an amendment on this bill. So whether you like it or not, tonight is not the night to deal with our United States Constitution in this fashion. That's the only argument I have. I hope you will seriously take a look at it and not accept this amendment. I yield.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker, parliamentary inquiry.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F or what purpose?
REPRESENTATIVE JERRY MADDEN: Was this amendment filed as an amendment to the Constitution of the United States? Is that Mr. Turner was trying to infer?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: W ould you say that again, Mr. Madden?
REPRESENTATIVE JERRY MADDEN: I said was this amendment filed as an amendment to the United States Constitution, as Representative Turner was trying to infer; that we were changing the U.S. Constitution?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T he Chair is not advised.
REPRESENTATIVE JERRY MADDEN: Thank you. Will the gentleman yield?
REPRESENTATIVE SYLVESTER TURNER: I'd be more than happy to yield.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T he gentleman yields.
REPRESENTATIVE JERRY MADDEN: Thank you. Sylvester, I'm going to go back to my question about the judge's authorities here. Okay. Because one of the things Mr. Christian allows, which takes away from a nonelected municipal judge in our more rural counties and gives the power to an elected person, which is -- or a justice of the peace, a magistrate. Is that -- is that what you understand what he's doing as one of the things he's doing?
REPRESENTATIVE SYLVESTER TURNER: Represen tative Madden, there's a whole lot of elected officials that I wouldn't even trust with the power to issue a search warrant.
REPRESENTATIVE JERRY MADDEN: And -- But the power to give a search warrant is going to a municipal judge that is appointed by whom?
REPRESENTATIVE SYLVESTER TURNER: Look, Jerry, I would not want anybody to give me, as a state representative, the power to issue a search warrant. I'm an elected official. I don't want that power.
REPRESENTATIVE JERRY MADDEN: And, Sylvester, neither do I, because that's not what the bill is about.
REPRESENTATIVE SYLVESTER TURNER: What I'm saying, Jerry, and neither should this House be willing to give that power to me, to you, or anyone else in our position.
REPRESENTATIVE JERRY MADDEN: He's offering an alternative, or he's offering something in our rural counties; particularly when they're dealing with things like methamphetamine and other items like that. Right? I mean there's a serious question of dealing with those methamphetamines labs and things like that.
REPRESENTATIVE SYLVESTER TURNER: Irrespec tive of how good a JP may be, does that JP understand the gravity, the seriousness of issuing a search warrant that allows somebody to go into your home?
REPRESENTATIVE JERRY MADDEN: And I accept your argument, I do.
REPRESENTATIVE SYLVESTER TURNER: Does he understand what probable cause is all about? What about individual's rights? Before you are -- Before I am willing to vote for this amendment to allow a JP to issue a search warrant, I want to make sure that that person understands my rights, and my home. And if a person is going to be issuing a search warrant, I want to make sure that person is trained and that person understands the gravity of the situation.
REPRESENTATIVE JERRY MADDEN: Sylvester, would you support some amendment to current law that would require additional training that judges --
REPRESENTATIVE SYLVESTER TURNER: I would support that this amendment that this amendment needs to be debated on its own merits and not at 7:15 one week before the session ends. This bill needs to stand on its own. There is too many amendments added to this bill already, okay.
REPRESENTATIVE JERRY MADDEN: Thank you, Mr. Turner.
REPRESENTATIVE SYLVESTER TURNER: So this bill needs to stay right there.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F or what purpose, Mr. Hochberg?
REPRESENTATIVE SCOTT HOCHBERG: Mr. Speaker , will Mr. Turner yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Turner, will you yield?
REPRESENTATIVE SYLVESTER TURNER: I will yield.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: G entleman yields.
REPRESENTATIVE SCOTT HOCHBERG: Sylvester, a number of years ago I carried legislation to give justices of the peace the ability issue injunctions on deed restrictions. Do you know that the justices of the peace in our area opposed that legislation? You know why?
REPRESENTATIVE SYLVESTER TURNER: Why was that?
REPRESENTATIVE SCOTT HOCHBERG: They said they are not attorneys, they are not necessarily lawyers, they have not been trained had they didn't think they should be issuing injunctions over deed restrictions. How much more serious is this? And how much more crucial is it that you know the law if you're issuing the ability for somebody to go into someone's house?
REPRESENTATIVE SYLVESTER TURNER: I think all of us recognize the seriousness of search warrants. All of us can recognize the seriousness of that. Ask yourself the question, I don't care where you live, do you want a justice of the peace to be given authority in an amendment tonight to issue a search warrant?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Lucio, for what purpose?
REPRESENTATIVE EDDIE LUCIO III: Will the gentleman yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Turner, will you yield?
REPRESENTATIVE SYLVESTER TURNER: I yield.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: G entleman yields.
REPRESENTATIVE EDDIE LUCIO III: Mr. Turner , you and I are on the exact same page. But Representative King brought me the amendment and we need clarify -- because I think it specifies -- and I want to make sure of this, I think it specifies more clearly what type of search warrants we're talking about. And, if I'm not mistaken, this might just deal with search warrants regarding being able to draw blood in DWI cases, which --
REPRESENTATIVE SYLVESTER TURNER: Wait a minute. Do what again?
REPRESENTATIVE EDDIE LUCIO III: Draw blood in DWI cases.
REPRESENTATIVE SYLVESTER TURNER: No, I don't think that's the case.
REPRESENTATIVE EDDIE LUCIO III: I would like some clarification on --
REPRESENTATIVE SYLVESTER TURNER: Well, that's the reason why this amendment needs to be debated on it's own merit.
REPRESENTATIVE EDDIE LUCIO III: That's a great point.
REPRESENTATIVE SYLVESTER TURNER: In fact, I don't even think this amendment is germane. This bill is about operation and administration, and we're now talking about search warrants and everything else. Enough on this bill. Okay? Enough, already. This bill -- this amendment was a stand alone bill. I am asking this body, allow us to debate this bill on its own merit. Whether you like it or not, tonight is not the night for this amendment, okay? Tonight is not the night.
REPRESENTATIVE EDDIE LUCIO III: Thank you.
REPRESENTATIVE SYLVESTER TURNER: I would ask that the amendment be tabled.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F or what purpose, sir? Mr. King, for what purpose?
REPRESENTATIVE PHIL REPRESENTATIVE KING: P arliamentary inquiry.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: S tate your inquiry.
REPRESENTATIVE PHIL REPRESENTATIVE KING: A re there additional amendments on this bill ready to come before the House?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T here are additional amendments and there are a lot of bills on the calendar.
REPRESENTATIVE PHIL REPRESENTATIVE KING: W ould the -- I think there's a question over what -- whether this -- JPs can do evidentiary search, non-evidentiary search warrants. I think that all this amendment does is blood search warrants on DWIs. Maybe if Mr. Christian would pull it down for just a few minutes, withdraw it temporarily, and we could go look up the statute and see what we're dealing with for sure.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: I would suggest that you come down and talk to the author of the amendment. Chair recognizes Mr. Simpson in opposition.
REPRESENTATIVE DAVID SIMPSON: Thank you, Mr. Speaker. Members, I'm going to vote against this amendment. I believe -- I served as an ex official municipal judge, and I don't know that I would be ready to do what we're ready to give these people power to do. And I believe, on some of these offenses, would actually be beyond the purview of the court of a JP, and their experience. And I'm not ready for us to give more powers to the state. I encourage you to leave this power where it is with the present judges. Thank you. I urge you to vote no on this amendment.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M embers, Mr. Christian sends up an amendment. I'm sorry, back up. Chair recognizes Mr. Christian to close on this amendment.
REPRESENTATIVE WAYNE CHRISTIAN: I think there's a misunderstanding completely on this. This is not for going in your house and tearing down and going and looking for what's in your house and giving warrants to your house. This is only for blood search warrants, when you are in a wreck and so the next day -- One minute, by the next day the guy has sobered up, there's no blood in the system. This is for those situations where you have had a wreck or an event where you need to test the blood for alcohol content, and if you wait until the next morning that's gone. And it's only for blood search warrants.
REPRESENTATIVE EDDIE LUCIO III: Mr. Speak er, will the gentleman yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Christian, do you yield? Chairman yields.
REPRESENTATIVE EDDIE LUCIO III: I think you might want to look closer at the sections referred to in your amendment, because me and Chairman Phillips just looked that up. And one of the sections, I believe it's Section 10 is a little broader than what you just stated, it's not just the blood. It's also dealing with personal effects and personal items, which I don't think just narrow it to the car. It seems that a lot of things would be subject to search under your amendment.
REPRESENTATIVE WAYNE CHRISTIAN: I appreciate your legal opinion. But this was drawn up and worked through committee, we worked but -- Chairman Gallego worked it through the committee. We've had it researched --
REPRESENTATIVE EDDIE LUCIO III: You want me to read it to you? You want me to read you Section 10, if you would like because --
REPRESENTATIVE WAYNE CHRISTIAN: That's fine. I'll take your word on what you're saying.
REPRESENTATIVE EDDIE LUCIO III: Okay. I just want to make sure the body understands. The way the amendment is written it's not just limiting it to withdraw blood, we also getting into a person's property, which is not defined whether it's home or not, and personal effects. So just to be clear on that.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you. And I appreciate that.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Gallego, for what purpose?
REPRESENTATIVE PETE P. GALLEGO: Mr. Speak er?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F or what purpose?
REPRESENTATIVE PETE P. GALLEGO: Will the gentleman yield for a question?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hairman Christian, do you yield?
REPRESENTATIVE WAYNE CHRISTIAN: Yes.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: G entleman yields.
REPRESENTATIVE PETE P. GALLEGO: Mr. Chris tian, as you and I discussed this in committee one of the challenges was to make sure that the JPs have essentially continuing legal education so that they will understand the confines of how this is done. And part of the challenge that was brought was that there are counties out there, not as many as perhaps there were at one time, but there are still counties in the state where none of the judges, with perhaps the exception of the district judge, are attorneys, are licensed attorneys. And in many of those county the licensed attorney, who is the district judge, is a circuit judge. He is essentially located in different counties. And so, to find him, so that he can sign off on a warrant, may take awhile.
REPRESENTATIVE WAYNE CHRISTIAN: That's correct.
REPRESENTATIVE PETE P. GALLEGO: So your bill, or your amendment, which the committee discussed; the idea was to have it limited in certain areas, not as a due process argument, but more as an efficiency in a sense that there are those counties where there's not very many judges who are lawyers.
REPRESENTATIVE WAYNE CHRISTIAN: That's correct.
REPRESENTATIVE PETE P. GALLEGO: And that doesn't apply in Harris County or the -- That applies in some of the smaller counties, where the municipal judge under the law, as Mr. Lucio pointed out, right now he's changing the section of the code where in a county that does not have a municipal court of the record, who is an attorney or a county court judge, who is an attorney or a statutory county court. So you're changing a section of the code that already applies solely -- solely to rural areas?
REPRESENTATIVE WAYNE CHRISTIAN: That's correct. It's just for rural areas. And it's to help in those blood search warrants where the DWI is -- Mothers Against Drunk Driving, others wanting us to help us out because we need to take care of drunk drivers.
REPRESENTATIVE PETE P. GALLEGO: You're not changing any of the requirements with respect to the burden of proof necessary in order to get a search warrant?
REPRESENTATIVE WAYNE CHRISTIAN: That's correct.
REPRESENTATIVE PETE P. GALLEGO: Thank you.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you. Move passage.
REPRESENTATIVE HELEN GIDDINGS: Mr. Speake r?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F or what purpose, Mrs. Giddings?
REPRESENTATIVE HELEN GIDDINGS: Will the gentleman yield for one question?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Christian, do you yield?
REPRESENTATIVE WAYNE CHRISTIAN: Certainly it.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: G entleman yields.
REPRESENTATIVE HELEN GIDDINGS: Representa tive Christian, we are talking about counties in the State of Texas with a population of a hundred thousand or less, and that's pretty big in the State of Texas. Of the two hundred and fifty-four counties that we have, do you know how many counties would be involved here?
REPRESENTATIVE WAYNE CHRISTIAN: I've seen the number. I don't if I have it available, currently. But I'll take your word of how many that might be.
REPRESENTATIVE HELEN GIDDINGS: It's well over two hundred out of the 254 counties, so this is really broad reaching. It might sound like it's just those small cities. Over two hundred counties would be covered. Thank you.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you. Members, this is a need. We have to stop drunk drivers on the road. It's been requested of us and I certainly leave it to the will of the House. I move passage.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Christian sends up an amendment. Is there objection to adoption of the amendment? I thought there might be. The question is on the adoption of the amendment. A record vote has been requested. A record vote is granted. Clerk will ring the bell. Vote aye, vote nay. It's a record vote. Showing Representative Lewis voting aye. Have all members voted? Have all members voted? No, Mr. Deshotel, you may not. There being 17 ayes and 121 nays, the amendment fails to adopt. The following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Alonzo.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Representative Alonzo.
REPRESENTATIVE ROBERTO R. ALONZO: Thank you Mr. Speaker. Members, this is a bill we passed through the House, and I talked about what a judge can do in pre-trial motions. I believe it's acceptable to the author.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t's acceptable to the author.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Alonzo sends up an amendment. The amendment is acceptable to the author. Is there objection to the adoption of the amendment? Chair hears none. The amendment is adopted. For what purpose, Mr. Phillips?
REPRESENTATIVE LARRY PHILLIPS: Will the gentleman yield for some questions?
REPRESENTATIVE ROBERTO R. ALONZO: Yes, sir.
REPRESENTATIVE LARRY PHILLIPS: Yes. What does your amendment do?
REPRESENTATIVE ROBERTO R. ALONZO: This is an amendment that we passed -- a bill that we passed on May 13th, and what the bill does, it says before a trial a judge will have a motion to suppress, and it will be done at least 60 days before. It will not be -- it will not -- it will not have to deal with Class C misdemeanors and that the judge try to rule as soon as possible or 60 days before.
REPRESENTATIVE LARRY PHILLIPS: You know. I guess my concern is that you say there has to be a motion to suppress 60 days before trial.
REPRESENTATIVE ROBERTO R. ALONZO: That's correct.
REPRESENTATIVE LARRY PHILLIPS: So that means if our counties have folks in jail, and they're trying to have these trials that they're not going to be able to have that trial, they're going to have to stay in jail for 60 days, if they can't make bail, even though 15 days may be plenty of time, or 30 days may be plenty of time.
REPRESENTATIVE ROBERTO R. ALONZO: No, our intent is not to hold back the process to say at least 60 days before trial.
REPRESENTATIVE LARRY PHILLIPS: Well, that means if they're in jail and you have to have a hearing 60 days before, so typically we can suppress the motion to 60 days because typically we have the motion to suppress we have pretrial motions.
REPRESENTATIVE ROBERTO R. ALONZO: If the judge wants it he can have it sooner than 60 days.
REPRESENTATIVE LARRY PHILLIPS: The problem is that you can't have it 60 days, oftentimes when they're in jail, we might have a pretrial hearing which includes a motion to suppress the same time we have a pretrial hearing.
REPRESENTATIVE ROBERTO R. ALONZO: Right.
REPRESENTATIVE LARRY PHILLIPS: So my concern is that our counties are going to have enough unfunded mandate by having to -- and may be in Dallas County it takes so long before you ever actually get to trial that it may not affect Dallas County, but in other counties I'm concerned that this is going to be an unfunded mandate.
REPRESENTATIVE ROBERTO R. ALONZO: No. And we looked into that. I don't think that will be the case, but, you know, if you have a concern about if you, you know, you want to address, you know, at least the language regarding that; I would be more than glad to look at it.
REPRESENTATIVE LARRY PHILLIPS: Well, I just have a real concern about mandating and telling local judges and local jurisdictions you got to do it this way, as it relates to the pretrial docket. Because I got some judges that try to work really hard to get those cases moving, so people don't sit in jail or have their cases pending a long time.
REPRESENTATIVE ROBERTO R. ALONZO: Well, if you want to, what I could do, is you know, we've already vetted it, we've talked about it. In fact, the district attorney came in and asked the questions and we addressed their concerns.
REPRESENTATIVE LARRY PHILLIPS: Thank you. Again, I still have issues with it. I think it may end up being an unfunded mandate.
REPRESENTATIVE ROBERTO R. ALONZO: Members , we've talked about, it's not an unfunded mandate kind of deal. This is just a procedure kind of deal as it relates to judges. We already had -- it went through the system, it went through the committee. In fact, I've had several members that know about the legal process, and they feel comfortable with it. At one point there were some people that were against it, and when we voted on the floor of the House, on a record vote, it went out with over a two thirds vote.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Alonzo sends up an amendment. The amendment is acceptable to the author. Is there objection to the adoption of the amendment? Chair hears none. The amendment is adopted. Following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Alonzo.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Alonzo.
REPRESENTATIVE ROBERTO R. ALONZO: Members , this amendment affects the language of Senate Bill 1267. Senate Bill 1267 passed out of the Senate 31 to 0. It has no fiscal note or fees. Over the years the terminology used by the public courts has changed, for example, there is different words. This field updates and clarifies terminology. And it's acceptable to the author. It's basically clarifying -- updating the language so it will deal with todays times. And it's acceptable to the author.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t is acceptable.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: I s there anyone wishing to speak for or against the amendment? Mr. Alonzo sends up an amendment. The amendment is acceptable to the author. Is there objection to the adoption of the amendment? Chair hears none. The amendment is adopted. Following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Orr.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Orr.
REPRESENTATIVE ROB ORR: Mr. Speaker, members, this is House Bill 478 and went through the committee process. It came to the House floor, it was voted 148 to 0, I believe. I'm trying to get rid of a 15 cent fee, the court costs, it went to a fund that will subsidize safety seats for local income people. The fund has only collected a thousand dollars and it costs more to administer the fee than it has done any good. And I move adoption.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I 'll accept the amendment.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: I s there anyone wishing to speak for or against the amendment? Mr. Orr sends up an amendment. The amendment is acceptable the author. Is there objection to the adoption of the amendment? The chair hears none. The amendment is adopted. The following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Gallego.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Gallego.
REPRESENTATIVE PETE P. GALLEGO: Thank you Mr. Speaker. Members, this attempts to provide some symmetry, I guess, between what we did in the 81st Legislature and what we hope to do now with respect to the kids who are, on the one hand, they are charged with Class C misdemeanors in juvenile courts, and other kids who are charged with Class C misdemeanors in municipal and justice courts. And what this amendment does, it is a bill that came out of the Senate and also went through committee. And what this is, it harmonizes those the three provisions of the code, conduct meeting, conduct indicating a need for supervision, with some of the other stuff in the penal code that's a Class C misdemeanor. And it is acceptable to the author.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I t's acceptable.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: I s there anyone else wishing to speak for or against the amendment? Mr. Gallego sends up an amendment. The amendment is acceptable to author. Is there objection to the adoption of the amendment? Chair hears none and the amendment is adopted. The following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Eiland.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Eiland. The amendment is temporarily withdrawn. Members, that returns us to the Hughes amendment. Mr. Hughes and Mr. Farrar, will you please come up here at this time? Is Mrs. Farrar on the floor? Chair recognizes Mr. Hardcastle.
REPRESENTATIVE RICK REPRESENTATIVE HARDCASTLE: T hank you Mr. Speaker. Members, I'd like to suspend all necessary rules to take up House resolution 2120.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M embers, you heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read the resolution.
THE THE CLERK: R2120 by Hardcastle. Recognizing Angelo P. Zottarelli on his election as president of the International Brangus Breeders Association.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Mr. Hardcastle.
REPRESENTATIVE RICK REPRESENTATIVE HARDCASTLE: I move passage.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M embers, is there any question on the passage of House Resolution 2120? Chair hears none. No objection. So ordered. Members, when we last left Mr. Hughes' amendment had a point of order. The Chair has reviewed the point of order and is respectfully overruled. Chair lays out the following amendment, clerk will read the amendment.
THE THE CLERK: Amendment by Hughes.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: C hair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, thank you for your indulgence here. The amendment to the amendment narrows the amendment. It softens it up and let me explain how. I know these are difficult matters, but that's what we do here so thank you for working through this with us. Currently, as Mrs. Farrar and I have discussed, the Court has to find one of three findings if they want grant the bypass. One of those findings is that the minor is mature and sufficiently well informed to make the decision on her own, without notification. Or, the Court can find that it's in the best interests of the minor to allow the termination of the pregnancy without parental notification, if the Court can find that. Or the court can find that notification of the parent or guardian might lead to physical, emotional or sexual abuse of the minor. That's current law and this standard is preponderance of the evidence. Mr. Deshotel pointed out to me that if there's a situation where there may be abuse we don't want to put anymore of a burden that already exists on the minor. So this amendment, this amendment maintains current law, so if the allegation is about abuse then that is just preponderance of the evidence. If the court wants to grant the bypass based on the minor's being mature or being in the best interest, it raises the standard to clear and convincing evidence, as we discussed at some length a few minutes ago. And again, clear and convincing evidence, we already have to terminate parental rights, to allow for medical care without the parents' consent. We have clear and convincing evidence in the family code, in many cases already. So we're not on the amendment. But I would move the adoption of the amendment to the amendment, which is acceptable to the author of the amendment.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M rs. Alvarado, for what purpose?
REPRESENTATIVE CAROL ALVARADO: Would the gentleman yield, please?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Hughes, do you yield?
REPRESENTATIVE BRYAN HUGHES: Of course.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: G entleman yields.
REPRESENTATIVE CAROL ALVARADO: Okay. I haven't had a chance to look carefully at the amendment to the amendment. But so tell me, the part that you stated early in your remarks that is you are amending.
REPRESENTATIVE BRYAN HUGHES: Okay. Are we talking about the amendment to the amendment?
REPRESENTATIVE CAROL ALVARADO: Yes.
REPRESENTATIVE BRYAN HUGHES: Okay. Thanks. Here's what we're doing: In the amendment as filed, we are changing the burden of proof by which the judge makes her decision from preponderance of the evidence, which as you know, more likely than not, and raising it to clear and convincing evidence, which we already have in the family code for termination of parental rights, for health care decisions. And so that's what we're --
REPRESENTATIVE CAROL ALVARADO: But that's the only part you've changed?
REPRESENTATIVE BRYAN HUGHES: That's in the amendment as filed. Here's what we're doing in the amendment to the amendment, all right? We're breaking out three different findings that are already in the code. Okay. Here's what the Judge can do. If the judge wants to allow the abortion to go forward without notification she has to find one of the following: The Judge has to find that the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification. Or, the Judge has to find that the notification is not in the best interests of the minor. Or, the Judge has to find that notification may lead to physical or sexual or emotional abuse of the minor. Those are the three areas, the three findings. Here's what we're doing in the amendment to the amendment. In the amendment to the amendment we are leaving the standard alone if the allegation -- if the concern is about abuse. So if notification may lead the physical, emotional or physical abuse, in my amendment to the amendment we are leaving that under current law, preponderance of the evidence. We don't want to increase the burden on a minor in a situation like that. For the rest, for the other two findings we go to clear and convincing evidence. That's what the amendment to the amendment does.
REPRESENTATIVE CAROL ALVARADO: Okay. What is the purpose of this? Why are you doing this? Why is this so important that we must have this?
REPRESENTATIVE BRYAN HUGHES: Representati ve, we've each filed a number of bills, a number of amendments this session dealing with issues bit and small. And that question could be asked to many bills filed. This is a family code, it affects people's lives. Children. Children, we take special care of, and these are minors seeking to make a very, very big decision. And I know we agree this is important and that's why the amendment is being offered.
REPRESENTATIVE CAROL ALVARADO: I'm just amazed that all of the issues that have come up, this, and the sonogram, and other things dealing with abortion, that the only people on in floor I see championing, trying to champion these efforts and advocate are men. And, quite frankly, I'm getting tired of it. I don't understand the obsession with some of the men of this floor trying to regulate our -- certain body parts. I'll just leave it at that. But are trying to -- is your goal to try to minimize the number of teens having abortions?
REPRESENTATIVE BRYAN HUGHES: Our goal is to make sure that when a judge is weighing this decision that the judge uses the proper standard of evidence. Because this is a big decision for the minor and a big decision for the judge. And so like other areas of the family code, like terminating parental rights, like allowing health care decisions without parental consent -- Let me answer your question. We want to make sure those are made at right and not done lightly. That's what this is about.
REPRESENTATIVE CAROL ALVARADO: How many other states have laws like this?
REPRESENTATIVE BRYAN HUGHES: Several other states, but I don't have it. I apologize.
REPRESENTATIVE CAROL ALVARADO: -- like this one?
REPRESENTATIVE BRYAN HUGHES: Actually, some states have parental notification laws that don't have judicial bypass at all. We don't have that in Texas, and we're not seeking to do that by this amendment. And those have been held constitutional by the Supreme Court.
REPRESENTATIVE CAROL ALVARADO: With all due respect, this is just another example of more government intrusion. Thank you.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M rs. Howard, for what purpose?
REPRESENTATIVE DONNA HOWARD: Would the gentleman yield?
REPRESENTATIVE BRYAN HUGHES: I will yield, of course.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: G entleman yields.
REPRESENTATIVE DONNA HOWARD: Thank you, Representative Hughes. You know, I think I kind of understand where you're coming from here and I'm a parent, and I certainly would be very concerned if one of my daughters found herself in the situation here and a judge allowed my daughter to go through with a procedure that I was not aware of. So I understand that this is very, very serious as a parent. I really get that.
REPRESENTATIVE BRYAN HUGHES: Thank you.
REPRESENTATIVE DONNA HOWARD: But I want to know is what has happened, that you're aware of, that is saying that is what is currently in place that is not sufficient? Is there any kind of information you have to convince that what is in place is not adequate and sufficient?
REPRESENTATIVE BRYAN HUGHES: I wasn't a member of the legislature when this statute was passed originally so, honestly, I don't know what went into the decision was made. But I know that in looking at the family code, and looking at big decisions like this, clear and convincing evidence is the standard that we find.
REPRESENTATIVE DONNA HOWARD: Okay. I'm not a lawyer. I'm not going to get into all of that. What I want to know what has happened that has said to you -- what information do you have, what data do you have, that has indicated the what we have in place is not adequately working?
REPRESENTATIVE BRYAN HUGHES: I've looked at the family code and, just as one member of the legislature, I believe the current standard is improper based on the rest of the code. Again, I wasn't here when the bill was passed before, and I wasn't part of the debate.
REPRESENTATIVE DONNA HOWARD: Has anything happened? Has there been instances where judges have allowed this bypass to occur inappropriately?
REPRESENTATIVE BRYAN HUGHES: You know, we don't, under current law, don't have any reporting about what goes on.
REPRESENTATIVE DONNA HOWARD: Then what makes you think that there may be a problem here?
REPRESENTATIVE BRYAN HUGHES: Well, based on other decisions like this in the family code, the State of Texas is acting through us and has made a decision that the proper standard is clear and convincing evidence. So that's what I based it on.
REPRESENTATIVE DONNA HOWARD: We know that anyone who finds themselves in this situation, any young girl; because it's girls, not boys, it takes two to tango but it's the girl that carries the baby, it's the girl who actually would have this baby in her life, affecting her schooling, her work, whatever; so it's the girl that has to go through the process of going to a judge, if indeed there's some problem that is preventing her from getting this on her own. That is something that is not going to be done lightly, do you think?
REPRESENTATIVE BRYAN HUGHES: It certainly shouldn't be.
REPRESENTATIVE DONNA HOWARD: And if you think that it is.
REPRESENTATIVE BRYAN HUGHES: We know that the current law --
REPRESENTATIVE DONNA HOWARD: I'm asking you, do you think that this is done lightly?
REPRESENTATIVE BRYAN HUGHES: I know that currently allows it to be done and --
REPRESENTATIVE DONNA HOWARD: Do you think that it is done lightly?
REPRESENTATIVE BRYAN HUGHES: Representati ve, we know that minors can be influenced by adults, maybe by the very adults that are responsible for abusing them.
REPRESENTATIVE DONNA HOWARD: Bryan, Bryan, we know that this is a very serious thing, and I appreciate that you are treating it seriously, because you understand that it is. But, the fact is, when a girl finds herself in this position, if there is a problem and she has no accessible parent, or she has -- I'm glad you changed it back to the abusive part, or whatever reason she needs go to a judge, I can't imagine that a judge would take this lightly either, do you think?
REPRESENTATIVE BRYAN HUGHES: I would certainly hope not.
REPRESENTATIVE DONNA HOWARD: I'm sure that they wouldn't. And, as far as I know, there's nothing to indicate that there's any problems with what currently exists with providing an avenue for these girls.
REPRESENTATIVE BRYAN HUGHES: The judges look to us for guidance. And, you know, your realize this, we make the law and they apply the law. And so when judge is weighing one of these decisions, he or she will decide if she's heard sufficient evidence. We just want to make sure everything is in place so the judge has all the tools to make the right decision. Because, as you say, it is a big decision.
REPRESENTATIVE DONNA HOWARD: It is. And I'm very disappointed that we are continuing to put more and more barriers in place that are making this even more difficult for girls, who are having to face these horrendous choices that they are not anxious to face. This is a very serious situation for these girls and what we're doing here is making it more difficult for them. And I'm very disappointed in that.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Paxton raises a point of order, that this gentleman's time has expired. The point of order is well taken and sustained.
REPRESENTATIVE BRYAN HUGHES: Mr. Speaker, I move adoption of the amendment to the amendment.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: F ollowing amendment to the amendment, clerk will read the amendment.
THE THE CLERK: Amendment to the amendment by Hughes.
REPRESENTATIVE BRYAN HUGHES: I move adoption of the amendment to the amendment. And it's acceptable to the author, the amendment.
REPRESENTATIVE DENNIS BONNEN: Mr. Hughes offers up an amendment to the amendment. Is there any objection? Chair hears none. The amendment is adopted -- the amendment to the amendment. Mr. Oliveira in opposition to the amendment as amended.
REPRESENTATIVE RENE O. OLIVEIRA: Mr. Spea ker, members, I was here when we the did parental notification bill and I voted for it. And one of the reasons we put in the whole judicial bypass was to take care of those few cases, the very, very few cases, where young women could not go to their parents, could not go to their parents because they may have been victims of rape or incest, could not go to their parents because they might be hurt, mistreated, abused further. And the only solution for these young women, these teenagers, was the judicial bypass. And it seems like a reasonable way to deal with those situations where you cannot talk to your mom or dad about this great problem that you are going through. And there haven't been very many young ladies that have had to take advantage of this. Very few have sought the court, probably we still have many that have gone to the back alleys or have crossed the border into Mexico and have gotten sub-standard treatment, if anything. One of the things that we constantly hear about --
REPRESENTATIVE TRACY O. REPRESENTATIVE KING: M r. Speaker?
REPRESENTATIVE DENNIS BONNEN: Mr. King?
REPRESENTATIVE TRACY O. REPRESENTATIVE KING: I was going to see if the gentleman would yield for a question.
REPRESENTATIVE DENNIS BONNEN: Gentleman yield for a question?
REPRESENTATIVE RENE O. OLIVEIRA: I will in a moment.
REPRESENTATIVE DENNIS BONNEN: In a moment.
REPRESENTATIVE RENE O. OLIVEIRA: One of the things we constantly hear about is a baby being left in a dumpster, a baby being left someplace to die. And one of the reasons is those poor girls don't have a place to go. And with this amendment to the amendment you're going make it even harder for them to do the right thing, and to go through the court process to try to get a little bit of due process, not just for themselves, but for their baby. To make a good decision with the help of a court. And that's what you're going to do if you accept this amendment. You're going drive these kids into even worse situations where their lives are in jeopardy and the lives of the babies are in jeopardy. This isn't going to do anything else but that. It's already hard enough for a young girl to do this. Why do we want to make it harder? She should be able to go to the ultimate place for justice and get that decision without help, and without guidance of a court. So what you're doing with that amendment to the amendment by making the burden of proof even higher on the issue of clear and convincing evidence, is she mature enough to do this? Most lawyers are going to say look, I don't know if we can win this case. I don't know that you can do this. It's been made harder for you, when they don't even want to tell their stories of rape, when they don't even want to tell the stories of how they've been victims of incest. Now we're going to make it harder for them. You're driving them to back-alley abortions and that's not something we want in our state. I ask you to vote with me on a motion -- Actually, I won't make the motion to table because somebody else wants to speak on it. And I yield, Mr. Speaker.
REPRESENTATIVE DENNIS BONNEN: Mr. King, the gentleman yields for a question.
REPRESENTATIVE TREY MARTINEZ FISCHER: Cha irman Oliveira, I don't have the amendment in front of me, but I was looking at it and I didn't print it out in the continuing effort to save tax payer's dollars. But I notice that the first part of it says that in counties of less than 50,000 they can go to any one of those judges in the State of Texas, which is the current language in the statute as I understand it. And then the amended portion says that is larger counties they have to go to a judge in the county they reside in. Now why do you suppose they want to force them to go to a judge in the county that they reside in?
REPRESENTATIVE RENE O. OLIVEIRA: I think that's a very good question, and that venue provision --
REPRESENTATIVE TRACY O. REPRESENTATIVE KING: Y ou know, the current law allows them to go to any county, to go to the appropriate judge in any one of the counties. But for some reason they want to decide in the larger counties they want to force them to go to a local judge to make a decision. And I just I wondered why you thought that would be, that's my question?
REPRESENTATIVE RENE O. OLIVEIRA: I think it's of great concern, because obviously somebody who has been a victim of rape and incest, somebody who has been violated in this way is going to have to have great courage to tell her story, is going to have even greater courage to have to tell it to a local judge, who very well may know mom and dad. To me, the whole amendment is simply to harass these poor young women that have already made -- gone through hell and now they're going go through more hell, and now we're going to drive them to back alley abortions, and that's not something we want in Texas.
REPRESENTATIVE JESSICA FARRAR: Mr. Speaker ?
REPRESENTATIVE DENNIS BONNEN: Mrs. Farrar, for what purpose?
REPRESENTATIVE JESSICA FARRAR: Will this gentleman yield?
REPRESENTATIVE RENE O. OLIVEIRA: I yield.
REPRESENTATIVE DENNIS BONNEN: Gentleman yields.
REPRESENTATIVE JESSICA FARRAR: Mr. Olivei ra, are you aware that the amendment as amended, what it does is it raises the bar; it's true, he said he kept the bar the same, the preponderance of the evidence on the sexual, physical and emotional abuse, but it raised the bar on what is -- what's already law. And that is the law requires that the minor be judged mature, sufficiently matured and well informed to have made this decision. And so he's raising that bar right now to clear and convincing.
REPRESENTATIVE RENE O. OLIVEIRA: He is. And I guess my concern is he's going to get back up here and say look, I changed it about the issue, the situation on having to have clear and convincing evidence over the issue of physical, sexual or emotional abuse. But any time that you raise any burden of proof at any level you make it more difficult to prove your case. You make it more difficult to find a way to get what you need, to find a way to succeed. And these poor young women have already gone through a lot. So by shifting just a bit and saying now you have to be clear and convincing about the maturity level, clear and convincing about the proper notice was made to -- deciding whether in parents should be notified or not, those would be very easy things for a judge now to say now well, I'm sorry young lady, I can't help you. You're going to have to go through more hell. And the only the only release valve that we gave here was judicial bypass, and now we've made it harder.
REPRESENTATIVE JESSICA FARRAR: Right. In fact, there's a Supreme Court case that basically states the law that we follow in Texas, that we model; our parental consent laws. That's Beloa v. Baird, that was in 1979 case. And that's the one that says one of the criteria is that she should mature enough and informed enough to make her abortion decision. And so we are we are actually changing and making it more difficult on an already Superior Court contested decision. I didn't know if you were aware of that.
REPRESENTATIVE RENE O. OLIVEIRA: Well, I am. And the real issue, I think, as Representative Alvarado brought up, why are we doing this? There has been no data or survey or information to say that this process isn't being done fairly, with all the due process rights of not only the young lady involved, but the child, the baby, and everybody's rights being cared for, including the absent parents or the parents that were -- that caused this victimization --
REPRESENTATIVE DENNIS BONNEN: Mr. Paxton has raised a point of order, the gentleman's time has expired. The point of order is well taken and sustained.
REPRESENTATIVE RENE O. OLIVEIRA: I move to table.
REPRESENTATIVE DENNIS BONNEN: Mr. Oliveir a withdraws his motion to table, so that we may have other speakers. Chair recognizes Mrs. Gonzalez of El Paso to speak in opposition of the amendment.
REPRESENTATIVE NAOMI GONZALEZ: Thank you, Mr. Chairman. And I rise in opposition against this amendment for two reasons: First, is that it's putting all of us in a very difficult position to chose between what we believe and what we are now having to listen to. And I will yield in just a moment, Mrs. Nash. And so for those of us that do honor life, but honor and respect a woman's right to choose, I believe this is now putting all of us in a very difficult position because, as Representative Alvarado said before, it seems as though Representative Hughes is looking for a problem when there is not necessarily is one. I believe that the system we have in place is perfectly adequate, and I don't believe it needs to be changed. The second point that I want to address is that he points out he's merely shifting the burden of evidence from a preponderance of the evidence to another burden of evidence, which is clear and convincing. Well, when you do that you are having to put the burden on the person seeking this particular motion to prove more things to the judge. It's not just as easy as Oh, it's the same thing you have to prove. No, it's preponderance plus more. You are forcing this individual to prove more on what they need and what they need show the court in order to qualify for this particular procedure. And, frankly, I don't believe that that is a burden that we need to be placing on our youth. And one of the things that he cites to is that there are many things in the family code that require clear and convincing evidence. But one of the most important things that we have, one of the most important tools that we have in the family codes, under Title 4, is protective orders. And a protective order is a very strong peace of paper. And with that protective order we only require preponderance of the evidence, which means 49 percent plus 1, but now we are shifting the burden and making it more difficult for young women to get what they need.
REPRESENTATIVE BARBARA NASH: Mr. Speaker? Mr. Speaker?
REPRESENTATIVE DENNIS BONNEN: Mrs. Nash?
REPRESENTATIVE NAOMI GONZALEZ: I yield.
REPRESENTATIVE BARBARA NASH: Thank you, I have a question.
REPRESENTATIVE DENNIS BONNEN: The lady yields.
REPRESENTATIVE BARBARA NASH: Thank you very much. My concern with this is this not a jury charge. This is a judge. We're asking him to use preponderance of the evidence or clear and convincing evidence. This is not a jury charge, this is a judge. He certainly can listen to the evidence under either circumstance and come back with the right decision. And that's what we elect the judges for and that's what I know he can do. To me, this is big government imposing our will on to the Judge to bring it up to -- to try to explain to him what is clear and convincing evidence. I feel like whatever the young girl explains to him he can certainly discern which is true and if it is not true.
REPRESENTATIVE NAOMI GONZALEZ: And I think that is correct, Mrs. Nash. We do elect our judges to make these decisions. And I think that the standard that we have in place is perfectly adequate for what needs to be done.
REPRESENTATIVE BARBARA NASH: Thank you.
REPRESENTATIVE NAOMI GONZALEZ: Thank you.
REPRESENTATIVE DENNIS BONNEN: Mrs. Farrar?
REPRESENTATIVE JESSICA FARRAR: Mr. Speake r, will the gentle lady yield?
REPRESENTATIVE DENNIS BONNEN: Gentle lady, do you yield?
REPRESENTATIVE NAOMI GONZALEZ: I yield.
REPRESENTATIVE DENNIS BONNEN: The lady yields.
REPRESENTATIVE JESSICA FARRAR: Mrs. Gonza lez, you described something earlier to me and you said that protective orders only require a preponderance of the evidence; is that correct?
REPRESENTATIVE NAOMI GONZALEZ: That is correct. Under Title 4 of the family code, that is the standard that is used for a protective order.
REPRESENTATIVE JESSICA FARRAR: And explain to the body why, when and why a protective order is issued?
REPRESENTATIVE NAOMI GONZALEZ: A protective order is sought when there is incident of family or domestic abuse, and so these are very serious charges. And when we talk about spouses abusing one spouse or another, and even, you know, parents abusing a child or other family members engaging in family violation and that whole cycle of family violence, so these are often very serious allegations. Either someone maybe has threatened to kill someone, someone has shot someone, someone has beaten someone you up or someone is just constantly living in a state of fear. And yet for these particular allegations preponderance of the evidence is good enough to get a protective order. I don't see why it's not good enough, when we're dealing with serious family issues, for these young women to use in front of the judges to make their cases.
REPRESENTATIVE JESSICA FARRAR: Right. And so this standard, the preponderance of the evidence, has worked with our parental notification laws for all these years. And so now, inexplicably, we are raising the bar. Are you aware right now we've spent, gosh, the better part of -- I don't know, at least an hour on this part of the discussion, and we've spent some time before, at least that much, talking about this amendment and the other amendments that have come before this, basically dealing with abortion issues? And are you aware that right outside this hallway we have at least a dozen or more folks in wheelchairs that are asking us to spend the rainy day fund so that they don't lose their home-based care? Are you aware of that? Because we don't have the time for them but we have the time to talk about a system that has worked?
REPRESENTATIVE NAOMI GONZALEZ: You are correct. We are spending an inordinate amount of time on this issue. And, again, I believe it's forcing this body to make a decision that we are all uncomfortable with.
REPRESENTATIVE JESSICA FARRAR: Let me ask you, go back to the question that you had explained earlier about the protective order. Is it true that they also work for -- or the preponderance of the evidence level works for divorce custodies as well?
REPRESENTATIVE NAOMI GONZALEZ: That is correct. And divorces and in custody issues preponderance of the evidence will control in that particular case or those particular cases as well.
REPRESENTATIVE JESSICA FARRAR: Thank you. I appreciate your knowledge on this issue.
REPRESENTATIVE NAOMI GONZALEZ: Thank you. And, members, I respectfully request that you vote against this motion and for the motion to table.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Farrar in opposition.
REPRESENTATIVE JESSICA FARRAR: Mr. Speaker , members, this bill has really become as we like to say here a Christmas tree. This bill has little to do with what we're talking about right now. As I mentioned earlier, we've got all these folks outside that we're not spending the time on to help them so that they don't lose their home-based health care. You know what, even if we don't care about people, at least we should care about the local taxpayers, because local taxpayers are going to end up having to pick up the bill when we are not spending funds smartly and providing those folks with the things that they need. But I just wanted to tell you that there's so much more to this issue, and I did ask the author of this amendment if he understood what other scenarios that these young women go through? And he told me that no, doesn't have experience with this population, he's not aware of the stories and the things that these young women have to go through. It's so much more. It took several members to convince him about the need for keeping the standard the way it is right now, status quo on abuse. But it's not a black and White issue. And a women does have this constitutional right, and it's laid out in case after case. And one of the things which, minors, as I mentioned earlier, she just has to be mature enough and she just has to know what she's doing. And we are taking that away from her. And I was wondering this, so if we can decide that that she's mature enough to carry this pregnancy to term, if she's 15 or 16 or maybe even younger, it happens even younger, then -- but she's not mature enough, though -- it's interesting that here we are, dealing with somebody that we think is mature enough to be a parent, but somehow she's not mature enough to make this very difficult and awful decision in her life.
REPRESENTATIVE LON BURNAM: Mr. Speaker, will the lady yield?
REPRESENTATIVE DENNIS BONNEN: Will the lady yield?
REPRESENTATIVE JESSICA FARRAR: I do.
REPRESENTATIVE DENNIS BONNEN: The lady yields.
REPRESENTATIVE LON BURNAM: Thank you. Representative Farrar, I just want to back up a minute. We're on the 29th amendment of a bill that we have spent at least two, two and a half hours on now. And I'm trying to put this amendment in the context of the overall bill. Why are we even talking about this in this context of the intent and the purpose of the bill?
REPRESENTATIVE JESSICA FARRAR: You'll have to ask the author of the amendment.
REPRESENTATIVE LON BURNAM: I can see no useful purpose in addressing the needs of our state court system and judiciary to add this. I'm kind of ideologically driven.
REPRESENTATIVE JESSICA FARRAR: Right. Well, certainly it is. And, quite frankly, we spent a whole lot of time on it, a whole lot of time that we don't really we have. We have got until tomorrow to deal with matters of the state. And but -- We're tying up what really is a viable bill, the only bill on these issues that didn't make it through the committee process, didn't make it to the floor. And, for whatever reason, this body decided that it was not as great of a priority. So, anyways, that's where we find ourselves.
REPRESENTATIVE LON BURNAM: So 29 amendments into the debate and conversation on this bill, we're dealing with this issue that really has nothing to do the operations of the judiciary of this state?
REPRESENTATIVE JESSICA FARRAR: Correct.
REPRESENTATIVE LON BURNAM: Thank you for objecting.
REPRESENTATIVE DENNIS BONNEN: Anyone else wishing to speak on, for, or against the amendment as amended? Chair recognizes Mr. Hughes to close on his amendment as amended.
REPRESENTATIVE BRYAN HUGHES: Thank you Mr. Speaker. Members, very briefly, thank you for your indulgence with this. I think I understand the issues that are before us. With great respect from my friends who have concerns here, we went over all the issues with the legislature. We make the laws. The Judges apply the laws. We are giving them guidance consistent with the family code. This is about protecting minors and I move adoption of the amendment. No motion to table. It's a straight vote. So please vote aye on the amendment.
REPRESENTATIVE DENNIS BONNEN: Members, all those in favor of the amendment as amended say aye, all those opposed say nay. Nay. Ayes have it. Members, a record vote has been requested. A record vote is granted. The clerk will please ring the bell. It's a straight up and down vote. Have all voted? All voted? All voted? There being 100 ayes, 44 nays, 1 present not voting, 5 absent; the amendment as amended is adopted.
REPRESENTATIVE LON BURNAM: Mr. Speaker.
REPRESENTATIVE DENNIS BONNEN: Mr. Burnam?
REPRESENTATIVE LON BURNAM: I raise a point of order against further consideration of this bill under Rule 4, Section 32C33.
REPRESENTATIVE DENNIS BONNEN: Okay. Bring it down front. Mr. Burnam temporarily withdraws his point of order. Chair recognizes Judge Lewis.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: I move to postpone further consideration of Senate Bill 1717 for twenty minutes.
REPRESENTATIVE DENNIS BONNEN: That will be 8:35. Members, you heard the motion to postpone Senate Bill 1717 until 8:35 this evening. Is there any objection? Chair hears none. So ordered. Chair lays out on second reading Senate Bill 694. The clerk will read the bill.
THE THE CLERK: SB694 by West. Relating to the regulation of metal recycling entities; providing penalties.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Smith of Harris. Representative Smith of Harris.
REPRESENTATIVE WAYNE SMITH: Members, this is Senate Bill 694. You previously last week looked at House Bill 1933. It went to the Senate. The Senate Bill came over. We substituted in the Senate Bill everything that you voted on in House Bill 1933. The Senate --
REPRESENTATIVE DENNIS BONNEN: Amendment. The Chair lays out the amendment.
THE THE CLERK: Amendment by Smith of Harris.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Smith of Harris to explain his amendment.
REPRESENTATIVE WAYNE SMITH: Members, what this does is this allows DPS to use noncertified officers as retired commissioned officers to audit or look at the books when they go to these scrapyards.
REPRESENTATIVE DENNIS BONNEN: Mr. Burnam.
REPRESENTATIVE LON BURNAM: Not now.
REPRESENTATIVE DENNIS BONNEN: Mr. Smith of Harris offers up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Mr. Burnam?
REPRESENTATIVE LON BURNAM: I'd like to ask the author a question before he moves for the adoption of the bill.
REPRESENTATIVE DENNIS BONNEN: All right. We'll allow Mr. Smith to take the mic and do that. Go ahead, Mr. Smith. He yields.
REPRESENTATIVE LON BURNAM: Thank you, Chairman Smith. You know, I'm kind of familiar with this bill but I have lost track of its permutations over time. This bill that is before the House right now is called Senate Bill 694 by West. But in reality what is before us right now is not exactly what Senator West and the Senate sent to us; is that correct?
REPRESENTATIVE WAYNE SMITH: Yes. It's what we passed, and -- about a week ago. 1933. And this is with an agreement with Senator West so it can go to Conference Committee.
REPRESENTATIVE LON BURNAM: I'm sorry, say that again.
REPRESENTATIVE WAYNE SMITH: This is an agreement with Senator West so it can go to Conference Committee. This is our bill substituted into the Committee Substitute. It's a Committee Substitute to the Senate Bill he sent over here. It's our bill in the Senate Bill.
REPRESENTATIVE LON BURNAM: Okay. But isn't this bill the one that says that U.S. American dollars aren't good for regular exchange in trade?
REPRESENTATIVE WAYNE SMITH: No.
REPRESENTATIVE LON BURNAM: What is the difference in the House Bill that is overlaid on the Senate Bill?
REPRESENTATIVE WAYNE SMITH: This bill has to do with whether you can pay cash for -- the period of time for cash whenever you have scrap metal that is taken to a scrapyard.
REPRESENTATIVE LON BURNAM: Okay. That's what I just asked about. So would you explain that again? The Senate Bill has a House Bill overlaid, and the Senate Bill that came over here did not preclude the use of cash, and the House Bill that is overlaid on the Senate Bill now does preclude the use of cash; is that correct?
REPRESENTATIVE WAYNE SMITH: Right.
REPRESENTATIVE LON BURNAM: And why would we do that?
REPRESENTATIVE WAYNE SMITH: Well, the reason for the requirement to have cash is so that the guys who are stealing it will have to wait for that cash for ten days, or wait on a check for five days and give time to investigate.
REPRESENTATIVE LON BURNAM: So if I decided to take all my metal guttering from my house and take it to a local metal recycling facility, I could wait five days for a check or ten days for cash?
REPRESENTATIVE WAYNE SMITH: Yes.
REPRESENTATIVE LON BURNAM: You understand why I had problems with that concept in the first place? And you understand why there are problems with the bill now? Are there going to be any other amendments to this bill on the floor at this time?
REPRESENTATIVE WAYNE SMITH: Not that I know of. There may be one, but I don't whether it's going to be submitted or not.
REPRESENTATIVE LON BURNAM: Well, Randy, are you or aren't you? Chairman Smith, I had the distinct impression that there was going to be another amendment that we were going to have the opportunity to discuss.
REPRESENTATIVE WAYNE SMITH: Well, time is ticking.
REPRESENTATIVE LON BURNAM: Time is ticking. So I can just say I have some issues with the bill. I understand the problem. The problem is huge. The problem that we're trying to address, we're trying to address that our school districts have, we're trying to address a problem that a lot of our churches have, and that is the inappropriate theft of these metals and basically ruining their air-conditioning systems, right?
REPRESENTATIVE WAYNE SMITH: And what we would like to do is take the bill to the committee and get those issues resolved, so that folks back home in their churches and their school won't be having these things stolen.
REPRESENTATIVE LON BURNAM: And do you think that the Senate will prevail in their negotiating with the House in this instance? I don't usually agree with the Senate but this time I do.
REPRESENTATIVE WAYNE SMITH: Yeah, I think that the Senate and the House will be able to come to a reasonable understanding among the two.
REPRESENTATIVE LON BURNAM: Well, then, are we now waiting on an amendment?
REPRESENTATIVE DENNIS BONNEN: Mr. Weber?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: M r. Speaker, will the gentleman yield for some questions?
REPRESENTATIVE WAYNE SMITH: I will yield for some questions.
REPRESENTATIVE DENNIS BONNEN: He can, but we could also be your complete substitute.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: I f he's ready to do that, that would probably expedite somewhat.
REPRESENTATIVE DENNIS BONNEN: Why don't you come on down here? Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Weber.
REPRESENTATIVE DENNIS BONNEN: Members, this is a complete substitute. The Chair recognizes Mr. Weber to explain his substitute.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T hank you, Mr. Speaker. Members, this is the original bill filed. It had agreed upon language between the industry, the metal recycling industry. Some of you may remember, and not to bore you with the details, but I went to the back mic and argued vociferously against this bill. And my friend Phil King and others have said they received numerous bills opposing the bill, because it made it hard on the scrap metal recyclers. And so what I have done is I have taken the bill that had agreed language from the industry, and the four major police departments in the State of Texas, that being San Antonio, Houston, Dallas and Fort Worth, and I have re substituted the original bill, so that we can get the agreed upon language and get the bill to where it's not as quite as onerous and doesn't hurt industry as bad as the one that is before you today. With that, I would move passage.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker?
REPRESENTATIVE DENNIS BONNEN: Mr. Dutton?
REPRESENTATIVE HAROLD V. DUTTON JR.: Woul d Senator Weber yield?
REPRESENTATIVE DENNIS BONNEN: Does the Senator yield for a question?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: W ell, I don't if that's a demotion or a promotion but yes, I yield.
REPRESENTATIVE DENNIS BONNEN: Gentleman yields.
REPRESENTATIVE HAROLD V. DUTTON JR.: Thank you. Mr. Weber, now what you're doing is you're accepting the Senate version of this bill, right?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: I believe that's the case.
REPRESENTATIVE HAROLD V. DUTTON JR.: Okay . And you believe that the Senate Bill is superior to the House version because of what?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: Y ou have a peculiar way of stating it, but it's less onerous.
REPRESENTATIVE HAROLD V. DUTTON JR.: Well, that was the same argument you made when we passed the House Bill that had the same provisions in it that Mr. Smith's bill has now, isn't it?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: I 'm sorry?
REPRESENTATIVE HAROLD V. DUTTON JR.: We debated this bill before it went to the Senate, and the Senate changed the language to the language that you prefer now, which you also preferred before we passed the House Bill.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: Oh , you never heard me say I preferred. I didn't vote for the House Bill.
REPRESENTATIVE HAROLD V. DUTTON JR.: I know. That's what I'm saying. You preferred the Senate Bill even back then.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: H arold, if I had my way I would have kept it out of -- I mean off the calendar all together.
REPRESENTATIVE HAROLD V. DUTTON JR.: You mean you would have said you didn't think we needed to have any bill?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T he one that was brought before us regulating the scrap industry almost out of business is not --
REPRESENTATIVE HAROLD V. DUTTON JR.: Why do you say that, Mr. Weber? Why do you say that? What provision in this bill --
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: W hen we're going to require that scrap metal recyclers and, by the way, I thought we were wanting to encourage recycling, not discourage it, but when we're going make scrap metal recyclers, prohibit them from paying cash for ten days; they can't write a check for five days, can you tell me what other industry we've prohibited in that manner?
REPRESENTATIVE HAROLD V. DUTTON JR.: Well, I don't know another industry, and I'm really going to try to answer your question, but I don't know another industry where we have that kind of problem that we have now. My preference would have been, Mr. Weber, is to say why don't we create a third degree felony for receiving stolen merchandise and apply it to them, and then we create a presumption that they knew it was stolen if they accepted some of these metals from the same person more than twice in a month.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: W ould you do that with pawnshops as well?
REPRESENTATIVE HAROLD V. DUTTON JR.: Woul d I do what?
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: W ould you do that with pawnshops as well?
REPRESENTATIVE HAROLD V. DUTTON JR.: Pawn shops are a whole different entity, Mr. Weber. And I think you know that. I think that you know that for pawnshops they have a way to trace back ownership of a particular item. In terms of this, the metal shows up, and there's no way to trace it back to where it came from Mount Area Baptist Church's air conditioner.
REPRESENTATIVE DENNIS BONNEN: Mr. Dutton, I think Mr. Deshotel has a question. Mr. Deshotel?
REPRESENTATIVE JOE DESHOTEL: Yes, I would like to raise ha point of order against further consideration of this amendment, in that it violates the requisite lay out period.
REPRESENTATIVE DENNIS BONNEN: Please bring that to the front. Members, actually Mr. Deshotel withdraws his point of order. Chair recognizes Mr. Weber.
REPRESENTATIVE RANDY REPRESENTATIVE WEBER: T hank you, Mr. Speaker. I'm going to pull my amendment down. Thank you.
REPRESENTATIVE DENNIS BONNEN: Members, we are now on the Wayne Smith bill.
REPRESENTATIVE WAYNE SMITH: Move passage.
REPRESENTATIVE DENNIS BONNEN: Is there anyone else wishing to speak for or against Senate Bill 694? All those in favor say aye, those opposed say nay. The ayes have it. 694 is passed to third reading. Chair lays out SJR9. The clerk will please read the SJR.
THE THE CLERK: SJR9 by West. Proposing a constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M r. Speaker, members, this allows the governor, within this discretion, to give a pardon upon the recommendation of the board (inaudible) and parole to those persons who have completed deferred adjudication. And I move passage.
REPRESENTATIVE DENNIS BONNEN: Mrs. Thomps on offers up SJR9, being that it's an SJR a record vote is required so a record vote will be given. The clerk will please ring the bell. Have all members voted? Have all voted? There being 135 ayes, 7 nays, 2 present not voting, SJR9 is passed to third reading. Chair lays out SJR5 on second reading. The clerk will please read the SJR.
THE THE CLERK: SJR5 by Ogden.. Proposing a constitutional amendment to clarify references to the permanent school fund, to allow the General Land Office to distribute revenue derived from permanent school fund land or other properties to the available school fund, and to provide for an increase in the market value of the permanent school fund for the purpose of allowing increased distributions from the available school fund.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to postpone SJR5 until May 24th at 8:00 a.m.
REPRESENTATIVE DENNIS BONNEN: Members, you heard the motion to postpone until 8:00 a.m. the 24th. Is there any objection? The Chair hears none. SJR35 is postponed. Mr. Villarreal? Mr. Gutierrez? Chair lays out Senate Bill 738 on third reading. The clerk will please read the bill.
THE THE CLERK: SB738 by Shapiro. Relating to a parental role in determining sanctions applied to a public school campus under certain circumstances.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Villarreal. Members?
REPRESENTATIVE MIKE VILLARREAL: Mr. Speak er, I withdraw a previously adopted amendment, Amendment 1.
REPRESENTATIVE DENNIS BONNEN: Members, Representative Villarreal asked us to reconsider the vote by which his amendment, amendment No. 1 was adopted. Is there any objection? Chair hears none. So ordered. The amendment is withdrawn. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Villarreal.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Villarreal.
REPRESENTATIVE MIKE VILLARREAL: Thank you Mr. Speaker and members. I see my friends in the back. If you can give me some time to lay out this amendment. Members, let me tell you what I'm trying to accomplish here. Today, in statute, if a school is failing it takes at least five years for a transformation of that campus to take place. What I am trying to do, in a very limited pilot program of five campuses bracketed to Bexar County only, is to allow parents an opportunity, if they are feeling like their school district is not being responsive, if they feel like they have had enough of living with a school that is academically unacceptable for two consecutive years, then they can organize. They will have access to a school through this legislation, a petition of power, a majority of those parents can petition their school board to receive a campus charter. That campus charter cannot be operated by any charter operator, it has to be one that has a track record in Texas of high quality; recognized, or higher, and 30 percent of their students receiving commended recognition. So, in a nutshell, this is a very limited program. But it is an important attempt to provide parents with the authority, the local control, to get involved and transform their failing school. Let me just finish a couple more important points. There's a provision in here that says the students who would have attended that campus, regardless of whether the charter was issued or not, have a right to attend that campus under the new charter, or they have a right to go somewhere else. I tried to address members concerns. I've had a chance to talk to a lot of you. And we want to make sure that this is a fair attempt at doing what, educating kids and not pushing them out and sending them to other schools. And so if a campus is taken over by a high performing charter operator, they have the educate the kids in the neighborhoods who have been attending that school, regardless of the charter issuance. The focus of this bill is only campuses who are failing. Only campuses that are failing. And, again, a majority of all the parents, not the ones that show up to a special meeting, but a majority of all the parents that represent those students at that campus.
REPRESENTATIVE ROLAND GUTIERREZ: Mr. speaker, does the gentleman yield now?
REPRESENTATIVE MIKE VILLARREAL: I do.
REPRESENTATIVE JOE STRAUS: Gentleman yields.
REPRESENTATIVE ROLAND GUTIERREZ: I appreciate your willingness to work with the House. Just to be clear, the amendment that you drew down earlier was the entire State of Texas, and now you have taken the entire State of Texas and said this is only applicable to Bexar County, correct?
REPRESENTATIVE MIKE VILLARREAL: With one correction. The first amendment was focused on major urban metropolitan areas. And in so it included the major urban areas of Bexar County, Dallas, Harris, Terrant. Now they are out and it is just Bexar County.
REPRESENTATIVE ROLAND GUTIERREZ: And prior you had contiguous counties around that metropolitan area. Now that it's just Bexar County are those others counties around us still in your amendment? I don't have it in front of me.
REPRESENTATIVE MIKE VILLARREAL: No, they are not. No, they are not.
REPRESENTATIVE ROLAND GUTIERREZ: They are specifically just for Bexar County? You know you and I have had a dialogue today, about trying to work this out. I have suggested an amendment that would make it permissive. Instead of shall, changing the shall to a may. Are you at all willing to accept an amendment to that respect, in that regard?
REPRESENTATIVE MIKE VILLARREAL: No. And I appreciate the discussion we've had. And the reason why I will not accept that amendment is because that amendment does gut the bill. Current law allows a majority of parents and a majority of teachers to request a charter from the district. And regardless of whether parents or teachers support it the district currently can issue a campus charter to a campus --
REPRESENTATIVE ROLAND GUTIERREZ: Under your original bill --
REPRESENTATIVE MIKE VILLARREAL: -- so it doesn't really change the status quo.
REPRESENTATIVE ROLAND GUTIERREZ: Okay. So you're not willing to? Under your original bill, 738, you have a trigger of it, of the two and three year trigger, under your original bill right; is that correct?
REPRESENTATIVE MIKE VILLARREAL: Under the original bill, it left the Senate, there was a -- the legislation only focused on reforming the tail end of a process where the commissioner can intervene and reconstitute its school. And at that very late stage the original legislation allowed parents to weigh in. That provision of the bill is still in the legislation. What I have done is added a provision that allows parents to intercede earlier.
REPRESENTATIVE ROLAND GUTIERREZ: Okay. And it's my understanding that your original bill is an amendment to 39107 of the education code; is that correct?
REPRESENTATIVE MIKE VILLARREAL: The original bill, I will pull it up, is an amendment to 39.107 of the education code.
REPRESENTATIVE ROLAND GUTIERREZ: Okay. That's correct. And it basically allows for the commissioner, under line 12, you have thirty different sanctions. To give repurposing of the campus under this section, alternative management of the campus, and closure of the campus as three possible sanctions, correct?
REPRESENTATIVE MIKE VILLARREAL: And it does other things, yes.
REPRESENTATIVE ROLAND GUTIERREZ: And so a charter school, in your definition, your amendment, is a remedial measure?
REPRESENTATIVE MIKE VILLARREAL: A charter school in my amendment?
REPRESENTATIVE ROLAND GUTIERREZ: Yes, in your amendment.
REPRESENTATIVE MIKE VILLARREAL: A charter school in my amendment is of a certain type. It's a high performing charter school.
REPRESENTATIVE ROLAND GUTIERREZ: Is it a remedy?
REPRESENTATIVE MIKE VILLARREAL: And a strategy. And the purpose of it is to allow parents an opportunity to change the direction of their failing school.
REPRESENTATIVE ROLAND GUTIERREZ: And if you would consider the charter school option, subject to the parent approval code a remedy to an under performing school?
REPRESENTATIVE MIKE VILLARREAL: It is a -- it is a strategy that parents can employ, similar to the strategies that are outlined in the original bill, that allow parents to intercede.
REPRESENTATIVE ROLAND GUTIERREZ: Mr. Spea ker, at this time I raise a point of order against further consideration, under Rule 11 Section 2 and 3.
REPRESENTATIVE JOE STRAUS: Bring your point of order down front. Representative Gutierrez raises a point of order. The point of order is respectfully overruled. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment to the amendment by Anchia.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Anchia.
REPRESENTATIVE RAFAEL REPRESENTATIVE ANCHIA: T hank you Mr. Speaker and members. This amendment is an acknowledgment of the very strong remedy that a charter school is. After simply two years of unacceptable behavior or I should say unacceptable rating of a campus. What this does is it says if you're unacceptable after two years, there's a remedy that local school districts can already employ, which is an in-district charter. And for those of you who are school board members or former school board members, you probably are familiar with in district charter examples in your district that have worked quite well. In fact, in the district that I had the benefit of representing, in DISD, in District 7 there was a wonderful in-district charter, David Allen Elementary, in far west Dallas, where the parents and teachers came together and changed the circumstances of that school. In fact, at Dave Allen's they're able to make the decisions about who the academic leader is going to be on that particular campus, so that in-district charter works well. This is an acknowledgment that we already have a school board members that are duly elected by the community, and they have the tools to be able to deal with situations like this. So what this amendment does, it says if you have an unacceptable rating for two years at a particular campus, the school board gets the first shot at setting up either an in-district charter or in fact they can go to a third party -- they can go to a third party under Section 120521, and remedy the situation at the school before you come down with an outside charter school as the operator of the school. So with this, after two years of unacceptable, the school board gets the first shot at creating an in-district charter and dealing with the situation. If that -- if that doesn't work after two years, two further years, then it defaults to Mr. Villarreal's bill. But again, as a former school board member, I thought after -- I thought it was a very harsh penalty after two years to impose a charter school. So this creates an interim step and empowers school board members. As Mr. Branch said, move adoption.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Villarreal.
REPRESENTATIVE MIKE VILLARREAL: I've had a long conversation this evening with -- and if I may respond to the lay out by Representative Anchia on his amendment, I've had a long conversation with Representative Anchia on his amendment. And my feeling is that this just puts off making a clean break and allowing a charter operator with a record in the State of Texas of recognized and higher, and 30 percent of all of their students receiving commended, from being able to come in and transform the school. It delays what I think parents really want, and that is change. Because their children are -- And let me give you an example, and I know there are many of us that have school age children. But in a lot of ways, I think about this legislation throughout the eyes of what I'm experiencing in raising my children. So my daughter is in first grade. If we go with Representative Anchia's amendment, then we could be putting off bringing in a high performing charter operator for four years. She would be in fifth grade by the time real change happens. Now I know in terms of the way we legislators live our lives, well, that's just two legislative sessions away. But, for a first grader, all of her elementary school years are gone. She's now getting ready to enter middle school before something can happen. And I think that is too late. What we're talking about here is something very modest. This allows parents, a majority of the parents to organize and say we want something different for our children and we want it now. And we want an operator who has a track record. And the school district that they are in does not have that track record that I want for their failing schools.
REPRESENTATIVE RUTH JONES MCCLENDON: Mr. Speaker
REPRESENTATIVE JOE STRAUS: Mrs. McClendon , for what purpose?
REPRESENTATIVE RUTH JONES MCCLENDON: Will the gentleman yield?
REPRESENTATIVE MIKE VILLARREAL: Yes, I will.
REPRESENTATIVE JOE STRAUS: Gentleman yields.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you. Mr. Villarreal, you know you and I were involved in a campaign recently because we are very concerned about the education of the children in Bexar County, and we're concerned -- we were concerned and are concerned that that certain school districts in Bexar County who have received two years in a row unacceptable status from the state, and we have been concerned that our children are not getting the quality education that they deserve. And so I understand where you're going with this amendment. My concern is that -- which is the concern of many of us for years, that we are getting -- and through the back door, bringing the voucher program into the public school system. And we're doing this via programs like your pilot program that you are proposing. Let me let me finish so I can get my question out.
REPRESENTATIVE MIKE VILLARREAL: Okay.
REPRESENTATIVE RUTH JONES MCCLENDON: The pilot program that you have proposed for the State of Texas, and now it is slendered down to Bexar County. As I understand, you have five schools around the state, is that true?
REPRESENTATIVE MIKE VILLARREAL: That's right.
REPRESENTATIVE RUTH JONES MCCLENDON: So now you've slendered it down to Bexar County and you still have five schools in Bexar County; is that correct?
REPRESENTATIVE MIKE VILLARREAL: Yes. representative ruth m: I don't know if it's in the failing school districts or not.
REPRESENTATIVE MIKE VILLARREAL: No.
REPRESENTATIVE RUTH JONES MCCLENDON: Beca use it's really not important. But what's important is tell me how you can get a feeling of how the kids around the state can be educated when you just slendered it down to Bexar County? Five around the state allows five into one --
REPRESENTATIVE MIKE VILLARREAL: If I can respond to that?
REPRESENTATIVE RUTH JONES MCCLENDON: Yes, please.
REPRESENTATIVE MIKE VILLARREAL: Five is a very small number. That's a cap. We could actually pass this law and see zero actually happen, because you need parents who care enough about sending their school in a different direction, meeting this very high threshold of a majority of signatures to transform the school by bringing in a high quality charter operator with a track record. And so five is very limited. As you know, in Bexar County we have 16 school districts, the one that you mentioned that you and I primarily represent is academically unacceptable. They have over 90 campuses, five is relatively speaking still a very small modest cap on this program.
REPRESENTATIVE RUTH JONES MCCLENDON: Okay . Let me -- let me -- Do you know that the stakeholder group that have to -- interest in education, do you know how they feel about your amendment to SB738?
REPRESENTATIVE MIKE VILLARREAL: Yes.
REPRESENTATIVE RUTH JONES MCCLENDON: You do? So you know that they think that this is the way to go? They have the same concern that you and I have about the children are not being properly educated in these low performance schools, but that this is not the way to go, to introduce voucher programs into the school?
REPRESENTATIVE MIKE VILLARREAL: This is the second time you referred to it as a voucher program. So let me take that on directly. Charter schools aren't voucher schools.
REPRESENTATIVE RUTH JONES MCCLENDON: Maybe I used the wrong word. May be I should say charter schools, private schools.
REPRESENTATIVE MIKE VILLARREAL: So the high quality charter schools that exist in Texas are all nonprofit. They're all nonprofit and --
REPRESENTATIVE RUTH JONES MCCLENDON: I'm sorry.
REPRESENTATIVE MIKE VILLARREAL: The high performing charter school ins Texas are nonprofit, they are nonprofit. This is not a voucher program. This is a charter program for high performing charter schools to come in when a majority of the parents want to change the direction of their school, and the school is failing.
REPRESENTATIVE RUTH JONES MCCLENDON: We also know that there is the sentiment that this is the way you started off, you start it off with -- with private schools and then you move to the voucher program. And it may or maybe, okay, I mean I'm not questioning and talking about that. I guess my concern is where was this kind of proposal vetted? Was it -- Did you have a bill and it came out of committee? It came of public education? Did they vote this bill out where they had a chance to have people, parents and educators, teachers, administrators come and talk about this pilot program?
REPRESENTATIVE MIKE VILLARREAL: This is not a new idea. Representative Patrick filed such legislation. Shapiro in the Senate offered concepts of this sort in her original version of 738. The components of what I'm proposing is that they all have a track record, so it's not like a new experiment. The idea of connecting the dots between the failing schools, parents who want change and bringing in high performing charter operators is something that is tested, and we have experience with.
REPRESENTATIVE RUTH JONES MCCLENDON: That 's the problem I have, because we have to connect the dots. Because you start off with a school that's low performing, and the parents and many of the teachers, the community, everyone is concerned and wanting to find a solution to bring the schools up to the appropriate standard. But then we get desperate and then we start connecting dots, and we say we will go and bring into the public school systems private schools. And then we go to the next step, which is the voucher system. Then, when you get through all that, the school system is the one that suffers, and the children are the ones that is suffer. And so I think --
REPRESENTATIVE MIKE VILLARREAL: If I can just respond to that?
REPRESENTATIVE RUTH JONES MCCLENDON: Let me just finish. I think with your amendment I'm going to get off, because I have some people behind me that want to speak with you and have a conversation with you. But I think with your amendment, we're praying on the desperation of the community members and the parents who want to see something different. They want to see the children educated in another way, in a way in which they can get quality education. But they don't want to see it the way that you're moving, and I wish we had this in a bill so we could have vetted this through the legislature, the legislative process. And then parents and others could have come up to Austin and we could have had community meetings to find out. That has not been done.
REPRESENTATIVE MIKE VILLARREAL: If I can respond? If I can respond? You know, Ruth, and really, all my colleagues, you know I'm often --
REPRESENTATIVE JOE STRAUS: Representative Sheffield raises a point of order, that this gentleman's time has expired.
REPRESENTATIVE MIKE VILLARREAL: May I have my time extended to just respond, or is that not possible in this period? Okay. Never mind.
REPRESENTATIVE ROLAND GUTIERREZ: Mr. Spea ker, parliamentary inquiry. We're on the Anchia amendment, correct?
REPRESENTATIVE JOE STRAUS: The amendment to the amendment.
REPRESENTATIVE ROLAND GUTIERREZ: So all of the time was attributed to the Anchia amendment. But we're not done on Mr. Villarreal's amendment?
REPRESENTATIVE JOE STRAUS: That's correct. Chair recognizes Representative Anchia to close.
REPRESENTATIVE RAFAEL REPRESENTATIVE ANCHIA: T hank you Mr. Speaker and members. Again, if you look at the amendment it sets up an interim step. It sets up an interim step for us before we get to the very harsh remedy that Mr. Villarreal is proposing. The bottom line is that your school board members are duly elected. They have the ability to remedy these problems. What we would be saying if we adopt my amendment is what we could do is school board members do an in-district charter and improve the performance of that campus. If you can't do that, for another two areas, so four years total, if you are unacceptable, four years total. Then you do the charter school mechanism. But school board members are empowered to do this right now. They can fix this locally through an in district charter that works well in many districts around the state, and that's what I'm proposing as part of this amendment. Move passage.
REPRESENTATIVE JOE STRAUS: Representative Anchia sends up an amendment to the amendment. Representative Villarreal moves to table. The question is on the motion to table. Clerk will ring the bell. Showing Mr. Villarreal voting aye. Representative Anchia voting no. Have all voted? Showing Representative Keffer voting aye. Showing Representative Farrar voting aye. Have all voted? There being 81 ayes and 467 nays, motion to table prevails. We're on the Villarreal amendment. Is there anyone wishing to speak on, for, or against the Villarreal amendment?
UNIDENTIFIED MAN SPEAKER: Mr. Speaker, I believe that Mr. Villarreal still has some time available and I would like to be able to inquire if the gentleman would yield.
REPRESENTATIVE JOE STRAUS: Do you yield, Mr. Villarreal?
REPRESENTATIVE MIKE VILLARREAL: I would like to make some closing remarks first. And I know there's some other folks that have a different opinion behind you, and for them to get in.
REPRESENTATIVE ROLAND GUTIERREZ: I'm not going to yield the mic. I just wanted to know if he's go to answer a few questions.
REPRESENTATIVE MIKE VILLARREAL: There are other folks that want to speak on the amendment, so I will up at the end to take questions when I close.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Mr. Speaker and members. Mr. Villarreal and I are good friends, but we happen to disagree on this particular issue. The Villarreal amendment is being presented as one that empowers parents, but it really only empowers the state to take over control of a neighborhood school and give it to a private charter operator. The beginning and the end of parental involvement under the amendment is the parents' signature on a petition for charter take over. After that petition and approval by the Commissioner of Education, the charter entity has total -- total control of the neighborhood school. This amendment would take away total local community control of neighborhood schools from parents, teachers and elected school board members. Charter school operators in charge of a neighborhood public school under Mr. Villarreal's amendment, including for profit management organizations that run charter schools, would not have to honor any state educational quality safeguards that apply to a neighborhood campus under current law. They wouldn't have to honor the class size limits, teachers certification, teachers contract protection; for example. And, as you are aware, these charter operators would not have to demonstrate exemplary performance in schools that they currently manage in order to be awarded a neighborhood charter school. Merely acceptable status would do. Charter school operators with no connection to a neighborhood school, or the community, will have an incentive to finance signature gatherings or petitions to bring the outside charter magnet team to take over the neighborhood school. And, as I close, I wanted to say that in California under a similar parent trigger law recently enacted, parents have been asked to sign a petition to improve the school without clearly understanding that the petition actually calls for handing over control of the school to a specific charter operator. And, again, as I said earlier, the fact that parents are so desperate to try to get proper education for their children, what we're doing now is preying on the desperation of these parents because they want so bad to make sure that their children are properly educated. Members, I ask that you not take the control away from the parents that live in these neighborhoods and are trying to do their best to make sure their children have the proper education. Thank you.
REPRESENTATIVE JOE STRAUS: Excuse Representative Menendez because of family illness, on the motion of Representative Guillen. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Patrick to speak in favor of the amendment.
REPRESENTATIVE DIANE PATRICK: Thank you Mr. Chair. Members, this amendment is very important for the very people that we're talking about when we talk about education. We talk about teachers, we talk about what's best for school districts and school boards, and I've been on all of those; but what I want to tell you is that this amendment is about what is best for children. It's about time that we paid attention to the very meaning of what education is all about in this state. This amendment is to help children who are in under performing schools in our urban areas to have an opportunity, when their parents care enough to get involved, to establish a public charter school. Charter schools are under the public school systems of this state, and they are held accountable, as such, for their test scores, just like are the traditional public schools. I would urge you to vote for the Villareal amendment, because this gives parents -- this is about parent rights and giving parents the tools they need to turn around under-performing schools where their children attend, so that it will be under the district authority and not the state. The current laws would, in fact, turn the school over to the state. This, in fact, gives control to the district.
REPRESENTATIVE DONNA HOWARD: Mr. Speaker, Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mrs. Howard, for what purpose?
REPRESENTATIVE DONNA HOWARD: Would the gentle lady yield, please?
REPRESENTATIVE JOE STRAUS: Mrs. Patrick, do you yield?
REPRESENTATIVE DIANE PATRICK: I would been happy to, Representative Howard.
REPRESENTATIVE DONNA HOWARD: Thank you, Representative Patrick. I have problems with this in lots of ways, but I do think you make a very good point about the fact that we have put our low performing schools in some -- the parents and the students in low performing schools in some very difficult situations here. And I know that we've had, as you know, in Austin, we've been dealing with this for a while and have had to look at closures and repurposing. And it's been a very painful process for everyone involved. And I'm happy to say that I think we're making some progress there and investing a lot more in our under-performing schools, and that's a good thing. Let me ask you, with what would be proposed here is it also true then if we went with what Representative Villarreal proposed here, if the charter school was under-performing for two years in a row, would the parents then have the ability to get out of that situation?
REPRESENTATIVE DIANE PATRICK: I would prefer you ask that to the author, and I'd be happy to yield to the author in just a moment, if you would like.
REPRESENTATIVE DONNA HOWARD: Okay. But let me reiterate, though, that I have questions and problems about what's being proposed here. I think you're spot on in terms that we make decisions here that are in the best interests of the children, and waiting even one year sometimes seems like interminably a long time when you're watching a child who needs more help and they're not getting it from the school.
REPRESENTATIVE DIANE PATRICK: Absolutely. And again, this is a pilot program, it's limited to five campuses, because we do want to ensure that it's a quality program and that it does indeed help the children. The contract is three years long and the district does not have to renew it in this amendment.
REPRESENTATIVE DONNA HOWARD: So why is it three years and instead of two years, I guess that would be my next question?
REPRESENTATIVE DIANE PATRICK: Two years unacceptable, three years contract going forward.
REPRESENTATIVE DONNA HOWARD: Instead of two years unacceptable, which is what this bill IS requiring before the parent can petition to have the charter?
REPRESENTATIVE DIANE PATRICK: Two years unacceptable for the parents to request. The contract after that for three years.
REPRESENTATIVE DONNA HOWARD: Three verses two, okay.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Strama to speak on the amendment.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hank you, Mr. Speaker. I'm speaking on this bill because now that it's bracketed for Bexar County it doesn't affect the school district or the schools that I represent, and I think I'm going vote present, not voting. Mr. Villarreal talked to me about this before he introduced the amendment, and I was familiar wit because there are other states that are pursuing what's called parent trigger legislation. And I thought I admire what animates this movement, but I don't know in Texas this is the right time for it. Let me tell you three reasons why I feel the timing is really difficult. One is obvious, we're cutting $4 billion from public education budgets this session. So to put a new policy in place that triggers that charter schools can take over academically unacceptable campuses that have been unacceptable for two years, is a lot, in the context of us reducing our commitment to excellence in education by $4 billion. Add to that, we are eliminating going forward, the projection measure that causes schools to have better success on the tax test last session, last cycle. So you have a policy driven deflation in test scores, combined with a policy driven decline in the state's investment in the state public education system. And then the third factor is a transition into a entirely new testing regime in the coming years, as we transition way from tax and towards the star tax. For those reasons, this seems to me poorly timed. But Mr. Villarreal has a passionate, idealistic and compelling response, which is how can you justify waiting when students are trapped in an unacceptable school? And it's almost impossible to rebut that argument. I will tell you this: I don't believe that the remedies when the parent trigger takes effect are necessarily going to better generate any outcome for the students than the status quo. What's appealing to go me about Mr. Villarreal's policy, though, is the things that the public school operators might do differently knowing that that trigger is out there. For years we have debated how to get parents more invested in lives of their children's academic careers and in their campuses. We know that the biggest driver of a successful campus is actually not what we always talk about here in terms of policy, teachers, it actually starts with parents. Teachers are enormously important, school leadership is enormously important, but having an invested parent stakeholder on the campus; that is the key ingredient that underlies nearly every successful campus. And this bill, what Mr. Villareal is trying to do is give parents that stakeholdership. And the best outcome of this legislation would be if principals and campus leaders, because this trigger is out there, start treating parents like customers. And when you see them do that, you will see a difference their campus, not just in the way they deliver services, but in the service they get back from the parent, the stakeholders on that campus. I've seen legislation introduced here to give parents a ticket for failure to show up at a parent/teacher conference. Obviously, with all due respect to who introduced that, that's not a good idea. But I understand why you introduced it. Because we're so frustrated with the failure of some parents, on some campuses regrettably nearly all parents, to take responsibility for their role in the success of a campus. It is hard. I understand the hardship that keeps people from being able to take the active role in their children's academic lives and on their campuses, that they need to take it if these schools are going to succeed. And it is the responsibility of educators to give them an avenue through which to play that role. It is very hard to write a law that says you, campus leader, must make your school acceptable to parents, must reach out to parents and engage them, must make them do the things that parents do on -- It's almost -- Just one second and I will . It's really hard to write that law. But this is the closest thing I've seen to a law that might trigger that behavior, so that's this is a really tough policy decision. Like I said, this session I personally for my school districts wouldn't want this to be the law. One thing I have to say, with all due respect, I don't know how Bexar County members ought to vote on this. That's why I rose to speak on, and I'd be happy to answer any questions to the extend that it's not ridiculous, about something I say.
REPRESENTATIVE ROLAND GUTIERREZ: Let's just be clear that you're not for the bill.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: I 'm not.
REPRESENTATIVE ROLAND GUTIERREZ: If this case were to go before Austin you'd vote no?
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: I f it affected my district I'd probably vote no.
REPRESENTATIVE ROLAND GUTIERREZ: All right. Thank you. Thank you, colleague.
REPRESENTATIVE MARK REPRESENTATIVE STRAMA: T hank you.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Coleman to speak in opposition.
REPRESENTATIVE GARNET F. COLEMAN: Members , one of the reasons I think it's important to look at this policy carefully, back about three sessions ago there was language that was voted for, with some modifications, that said after two years if either they were low-performing schools, or the school in the school district did not reach what is called average yearly progress, that either a reconstitution team would come in, or in the original language a private corporation would come in and take over that school, and/or the rehab team that would go into that school. And the way I see this amendment is that we just replaced the private corporation Edison schools, et al, with a high performing charter school, which we all know as CIP, so let's not beat around the bush. One of the things that is very clear to me is that neighborhood schools, high performing schools, have been trying to get all of us to pay for their school buildings. Now those members that live in rural areas, you know how long you had to fight to get this legislature to equally fund the ability to build good schools in your area? All the people in inner cities around here and smaller school districts that have little money, how long have you had to fight, Harold, for North Forest, to get money to build decent school buildings for their students? Then, all of a sudden, we have the charter school movement. And, believe me, I'm supportive of charter schools, but I'm not supportive of charter schools taking taxpayer buildings when we never intended to provide buildings for those open enrollment charter schools, and come in and immediately look to expand the footprint. Now, again, I like charter schools, I like CHIPS, and yes, and -- but in Houston, their plan is to build 54 campuses -- 54 campuses. This isn't a pilot, this is a corporation that will build campuses and schools all around this country. I guess you could consider it the national school district that is replacing moving off of those dollars to people like Edison and others. Now I understand that we are all concerned about failing schools, but what I'm most concerned about is that every child has an opportunity to do well within the district that they go to school. And that school districts that abandon their schools are abandoning public education. So, I come up here, even though I don't live in Bexar County, because about three years ago, or four years ago, or whatever it was, there were successful schools in my district that would have been taken over and run by a different organization; and Mr. Walle knows about that, because of Sam Houston in his district. This is something that cuts apart communities and does not have that local community as a part of the solution for schools. Last statement: I believe in parental involvement, but when is the last time you heard or had a conversation, this legislature, since the late '90s about parental involvement? And what's most important that is that those local public schools that are in our neighborhoods do well and are supported by the neighborhood and the parents, the school district and this legislature. And that's the reason why I stand up and ask you no vote no on Mr. Villarreal's amendment. Thank you.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Villarreal to close.
REPRESENTATIVE MIKE VILLARREAL: Thank you, Mr. Speaker, members, we spent a lot of time on this bill.
REPRESENTATIVE ROLAND GUTIERREZ: Speaker, will the gentleman yield?
REPRESENTATIVE MIKE VILLARREAL: Not at this time. If I may finish my closing remarks and then I'm happy to take your questions. This bill is about empowering parents. Parents are feeling trapped at a failing school. A school that is been academically unacceptable for more than two years, and parents want to organize themselves and other fellow neighbors who have children at that campus, to a point where the majority of them have agreed on something, and that something is that the current management has not succeeded in providing an acceptable level of education to their children, and they want to do something about it. They want to bring in a high performing charter operator who, in Texas, happen to be nonprofits, to come in and do what? Provide an excellent education for their children. Why is that wrong? You know, members, you often see me come to the front mic and the back mic and saying we're not investing enough in our children's education. We need to do more. But I feel obligated that if I'm going to take that stand, then I need to be just as vocal, demanding that this rate of return on our current investment be ratcheted up. That's what this bill is about. I have been asked that, you know, maybe two years is too short of a period. As I mentioned earlier, I think of my own children, under today's law my first grader will be entering sixth grade by the time the commissioner must intervene. That is not acceptable. It might just mean a couple of sessions for you and I, but for a child they will never be able to get back those formative years. What I'm asking you is to support invasion at the campus level for targeted schools that are failing, and only five, a cap of five, and only where parents are burning for change. I ask for your support.
REPRESENTATIVE ROLAND GUTIERREZ: Will the gentleman yield? Mike, you didn't have a committee hearing on this, did you? You didn't have a committee hearing, did you?
REPRESENTATIVE MIKE VILLARREAL: We have had a committee hearing in the Senate.
REPRESENTATIVE ROLAND GUTIERREZ: In this Senate?
REPRESENTATIVE MIKE VILLARREAL: In the House, on a slendered down version of the original Senate Bill.
REPRESENTATIVE ROLAND GUTIERREZ: On this amendment?
REPRESENTATIVE MIKE VILLARREAL: This amendment reflects the language that my colleague, Diane Patrick has worked on. It did not get a hearing in committee, but because of your request to have a second reading, have a reconsideration, I think we had very thorough discussion.
REPRESENTATIVE ROLAND GUTIERREZ: Well, you didn't have a committee hearing on this amendment, you didn't have the Texas Federation of Teachers come in to testify on this amendment, yes or no?
REPRESENTATIVE MIKE VILLARREAL: Had they, they would have testified against this proposal.
REPRESENTATIVE ROLAND GUTIERREZ: Did the Texas Classroom Association come to testify on this amendment?
REPRESENTATIVE MIKE VILLARREAL: It is true, all four teacher union organizations are against this. All four teachers union groups are against this.
REPRESENTATIVE ROLAND GUTIERREZ: Had they, did they come to testify, did they have an opportunity to respond to you?
REPRESENTATIVE MIKE VILLARREAL: They --
REPRESENTATIVE ROLAND GUTIERREZ: They are against this, are they not?
REPRESENTATIVE MIKE VILLARREAL: The four organizations have testified against it, and I think the reason is that --
REPRESENTATIVE ROLAND GUTIERREZ: This reason is you didn't have a hearing, that's the reason.
REPRESENTATIVE MIKE VILLARREAL: And it shifts control from them to parents.
REPRESENTATIVE ROLAND GUTIERREZ: The reason is that you did not have a hearing; is that correct, on this amendment or anything similar to it?
REPRESENTATIVE MIKE VILLARREAL: Mr. Gutie rrez, I have agreed with you that there was not a hearing on this particular language.
REPRESENTATIVE ROLAND GUTIERREZ: Did you give notification to the school districts in Bexar County of what you intended to do?
REPRESENTATIVE MIKE VILLARREAL: Well, in a way, they have received notice because this language was filed and something similar in the Senate, and Representative Diane Patrick has also filed some similar legislation in the House.
REPRESENTATIVE ROLAND GUTIERREZ: Prior to you changing it this evening --
REPRESENTATIVE MIKE VILLARREAL: You and I often file amendments that we don't run by people back home, we do it all the time. And I bet, after this session, people are going to do it again.
REPRESENTATIVE ROLAND GUTIERREZ: Prior to your changing your amendment you didn't have -- you had a bill that called for five districts, or five schools throughout the entire state; is that correct?
REPRESENTATIVE MIKE VILLARREAL: Originally the language limited this pilot at five. The current proposal still keeps it at five.
REPRESENTATIVE ROLAND GUTIERREZ: And I would assume that Houston, Dallas, Austin, San Antonio, possibly Fort Worth; is that accurate?
REPRESENTATIVE MIKE VILLARREAL: No. The reason I left it at five originally was because I thought that five was a very reasonable pilot project, and I think five still is.
REPRESENTATIVE ROLAND GUTIERREZ: So you never changed it, you never got to a proportional level, now that you're down just to Bexar County, correct?
REPRESENTATIVE MIKE VILLARREAL: I think I've been consistent. I think five is a very reasonable pilot. And it's a cap. We may not even see a single one activated. Only if the majority of parents that are given failing schools decide to take advantage of this tool.
REPRESENTATIVE ROLAND GUTIERREZ: You are aware that Representative Farias is against this amendment, your local delegation, you're aware of that?
REPRESENTATIVE MIKE VILLARREAL: I am aware of that there are members of our county delegation that are against it, but I'm also aware that there are members of our county delegation that are for it.
REPRESENTATIVE ROLAND GUTIERREZ: Are you aware that Representative Martinez Fischer is against it, Representative McClendon is against it, Representative Larson is against it, myself, Representative Farias is against it. Are you aware of that?
REPRESENTATIVE MIKE VILLARREAL: Actually, I'm looking across at Representative Larson and he is saying no, he's not against it.
REPRESENTATIVE ROLAND GUTIERREZ: Well, we will let Representative Larson speak for himself when he votes.
REPRESENTATIVE MIKE VILLARREAL: Well, you just spoke for him.
REPRESENTATIVE ROLAND GUTIERREZ: Mr. Vill arreal, did you vet this with your local delegation?
REPRESENTATIVE MIKE VILLARREAL: I do not tend to vet all of my bills or amendments with the local delegation, but they are public documents. Once they get filed, they are in our system for everybody to review and to propose changes.
REPRESENTATIVE JOE FARIAS: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Farias, for what purpose?
REPRESENTATIVE JOE FARIAS: Would the gentleman yield?
REPRESENTATIVE JOE STRAUS: Mr. Villarreal , do you yield?
REPRESENTATIVE MIKE VILLARREAL: Yes, I do.
REPRESENTATIVE JOE FARIAS: Thank you, Mike. You mention five schools in Bexar County. What schools are you speaking of?
REPRESENTATIVE MIKE VILLARREAL: Only failing schools, schools that have been academically unacceptable.
REPRESENTATIVE JOE FARIAS: Could you name some? I know you're real involved with San Antonio. Could you name some of those schools?
REPRESENTATIVE MIKE VILLARREAL: So again, you know as well as I, that there are sixteen different school districts with hundreds of different campuses. This is not intended to target any particular campus, only those that meet a certain criteria. Namely, number one, that they have been academically unacceptable for two years, and also that parents organize and a majority of them come and say we want to initiate change.
REPRESENTATIVE JOE FARIAS: Okay. If North Star is an unacceptable district, or were they rated unacceptable?
REPRESENTATIVE MIKE VILLARREAL: No, but if they have any campuses that are, this bill applies to them.
REPRESENTATIVE JOE FARIAS: How about North Side or Northeast? Either one of those, correct.?
REPRESENTATIVE MIKE VILLARREAL: No, but if either of them have any campuses, and I don't know if they do or not, and if they do, then this applies to them.
REPRESENTATIVE JOE FARIAS: How about Harlendale?
REPRESENTATIVE MIKE VILLARREAL: This bill applies to them.
REPRESENTATIVE JOE FARIAS: Okay. How about San Antonio ISD?
REPRESENTATIVE MIKE VILLARREAL: This bill applies to them.
REPRESENTATIVE JOE FARIAS: I'm sorry?
REPRESENTATIVE MIKE VILLARREAL: This bill also applies to them.
REPRESENTATIVE JOE FARIAS: Applies to them? Is that a recognized district or unacceptable district?
REPRESENTATIVE MIKE VILLARREAL: San Antonio ISD, sadly to say, is where I'm raising my children, where I'm sending my first grader and my baby will be there in kindergarten, and their school district is academically unacceptable for two consecutive years. We are fortunate, though, and let me tell you, we are fortunate though to have organized parents in our neighborhood school to persuade the district to give us a campus charter. Because of that, I believe we've been able to have a big impact. That's what I'm modeling this legislation after. In fact, there are schoolchildren in failing schools that want to come into my neighborhood school and attend.
REPRESENTATIVE JOE FARIAS: That's a good point. That's a good point. Let me ask you, let's talk about Sam Houston High School. You know, that's been a target of closing by San Antonio ISD, because they are low performing. And let's say there are 400 -- Let me just ask a question.
REPRESENTATIVE MIKE VILLARREAL: Maybe that's --
REPRESENTATIVE JOE FARIAS: Let me just ask a question. Let's say there are 400 students at Sam Houston High School, a low performing school, and all of a sudden the parents vote to go charter; do the children of the attend Sam Houston High School have the privilege to go to another school or do they've to stay there?
REPRESENTATIVE MIKE VILLARREAL: They have the right to go to another school. They also have a right to attend that new charter.
REPRESENTATIVE JOE FARIAS: I understand. So the kids that leave there --
REPRESENTATIVE JOE STRAUS: Representative Sheffield raises a point of a order, that gentleman's time has expired.
REPRESENTATIVE JOE FARIAS: Mr. Speaker, I move to extend the gentleman's time.
REPRESENTATIVE JOE STRAUS: Members, we are in the last days of the session. Gentleman's time cannot be extended.
REPRESENTATIVE MIKE VILLARREAL: Members, I ask that you stick with me and vote to empower parents to make a difference in the -- in their failing schools for their children.
REPRESENTATIVE JOE STRAUS: Representative Villarreal sends up an amendment.
REPRESENTATIVE LON BURNAM: Parliamentary inquiry.
REPRESENTATIVE JOE STRAUS: State your inquiry.
REPRESENTATIVE LON BURNAM: Is this amendment now restricted to strictly Bexar County?
REPRESENTATIVE JOE STRAUS: Yes, it is.
REPRESENTATIVE LON BURNAM: Thank you.
REPRESENTATIVE JOE STRAUS: Representative Villarreal sends up an amendment. A record vote has been requested. Clerk will ring the bell. Vote aye, vote nay on the amendment. Showing Representative Villarreal voting aye. Have all voted? Have all members voted? There being 86 ayes and 46 nays, the amendment is adopted. Members, anyone wishing to speak on for or against the bill? Chair recognizes Representative Farias in opposition.
REPRESENTATIVE JOE FARIAS: Mr. Speaker, members, I don't normally come and speak against bills, I speak for them. But I will on this one, because it affects our schools in Bexar County alone and the vote that was just taken will affect our children in San Antonio. And here's my argument I was trying to make from the back mic: In we have low performing schools, and you have 400 students in that particular school, and you bring in a charter or a business to run it, and those children choose to leave, it's already low performing so some of your kids that are low performing are not going to want to be under those guidelines of a charter school, so they're going to move to another school which could be on the border of being an unacceptable school. So, basically, what we're going to be doing is we're moving the problem, we're moving the problem from Sam Houston High School over to Breckenridge, who's on the border. And so what did we solve? All we did was now try and help one school and hurt another one. And that's what this amendment and this bill does now. Without this amendment, the bill is okay. With this amendment attached that's what it does to our schools in Bexar County and San Antonio. And I touch ten different school districts and I know them like a back of my hand, I've been to all of them, I visit with the superintendents, we received emails from the San Antonio ISD today. Dr. (inaudible) who is against this amendment and against this bill now, because he knows this school, his schools are going to be targeted. And all they're going to do is force him to do -- they're going to force the superintendent school boards to move the problem from one school to another. And that, my friends, is not a solution to the problem that exists. You're not going to legislate parental involvements. You cannot do that. You can do it by including them in the decision making, but you're not going to include them by passing a law here and making them say well, now they're going to get involved because the 82nd Legislature passed a law that says you have to be involved. It's not going to happen. And myself and the other members of community in Bexar County live this every day, day in and day out, as we visit with the superintendent. I respect Mike a great deal but I believe he is wrong. I know he is wrong in doing this to San Antonio ISD, because that's who is going to take a hit. Nobody else but San Antonio. Thank you.
REPRESENTATIVE JOE STRAUS: Mr. Martinez Fischer, for what purpose?
REPRESENTATIVE TREY MARTINEZ FISCHER: Mr. Speaker, I rise to raise point of order against further consideration of this bill under Rule 8, Section 10.
REPRESENTATIVE JOE STRAUS: Bring your point of order down front. Point of order is temporarily withdrawn. Chair recognizes Representative Villarreal.
REPRESENTATIVE MIKE VILLARREAL: Members, I would like to move to postpone Senate Bill 738 until 10:30.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Thompson for a motion.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M r. Speaker, members, I move to suspend all necessary rules to allow the Local and Consent Calendar Committee to set a Local and Consent Resolution Calendar for Wednesday, May the 25th, 2011, at 10:00 a.m.
REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered. Following announcement, the clerk will read the announcement. Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA REPRESENTATIVE THOMPSON: M r. Speaker, members, I request permission for the Committee on Local and Consent Calendar to meet while the House is in session at 10:00 p.m. today, May the 23rd, 2011, at 3W9 to consider a Local and Consent Resolution Calendar.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Following announcement, the clerk will read the announcement.
THE THE CLERK: The Committee on Local and Consent Calendars will meet at 10:00 p.m. today, May 23, 2011, in room 3W.9. This will be a formal meeting to consider a Local, Consent and Resolutions Calendar.
REPRESENTATIVE JOE STRAUS: Chair lays out as a matter of postponed business Senate Bill 1581. Clerk will read the bill.
THE THE CLERK: SB1581 by Ogden. Relating to state fiscal matters, and certain administrative and business matters, related to public and higher education.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Aycock.
REPRESENTATIVE JIMMIE DON REPRESENTATIVE AYCOCK: T hank you Mr. Speaker and members. Well, here it is. I've asked Mrs. Davis to hold off on her point of order for a few minutes while we have a little discussion here. It's a little like for those of you old enough to remember the Hanoi helicopters that were coming in, and everyone was ganging on board. Well, you got on board pretty good today, you guys, you did good. But the helicopter is not going to leave. I want to thank those that helped me put this book together today. A bunch of volunteers came down to the office on short notice and worked real hard. Y'all filed bunch of amendments, y'all are really good at amendments. Staff and volunteers worked real hard on it. The other day, when I became sponsor on this bill, I began visiting with people around the Capitol, lots of meetings and there was lots of discussion about school finance. One of those discussions, someone told me that the issue was so complex that members don't have but one choice, that choice to look at the runs and how it affects your district. It's complex beyond understanding for most of us, except a few. But at some point I hope this body will find good policy, not just runs. I believe the right answer will be found, I that a safety net is available. I think we will part school finance for a couple of years and come back. I hope that most of you will pledge to study about school finance between now and when we come back. And I hope that you will join me when we come back and try to write good policy, not just looking at runs.
REPRESENTATIVE YVONNE DAVIS: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mrs. Davis, for what purpose?
REPRESENTATIVE YVONNE DAVIS: First of all, I would like to thank Representative Aycock for his leadership and his efforts, and I share your frustration and your concern with regard to how we move forward with the process as it relates to education. And recognizing that I know a lot of people really worked hard on this, but unfortunately I have to take us to another level. And at this time I would like to raise a point of order under Rule 4, Section 32C, that it violates rule making authority.
REPRESENTATIVE JOE STRAUS: Bring your point of order down front. Point of order is sustained.
REPRESENTATIVE SCOTT HOCHBERG: Mr. Speaker ?
REPRESENTATIVE JOE STRAUS: Mr. Hochberg, for what purpose?
REPRESENTATIVE SCOTT HOCHBERG: Mr. Speaker , I would just like to say Mr. Aycock that, on behalf of this body, we appreciate the work he has done on this, the weekend that he gave up the missing of a good Appropriations party last night, and I got a chance to watch him a lot this weekend, and I know he was working hard for all of our benefit. Thank you, Jimmy Don, even though you didn't get to stand up for six hours on your bill.
REPRESENTATIVE JOE STRAUS: Thank you, Mr. Hochberg. Chair lays out as a matter of postponed business Senate Bill 1717. Clerk will read the bill.
THE THE CLERK: SB1717 by Duncan. Relating to the operation and administration of the judicial branch of state government.
REPRESENTATIVE JOE STRAUS: Members, when we last left this bill there was a point of order raised by Mr. Burnam. Chair recognizes Representative Lewis for a motion.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: M r. Speaker and members, with the kind acquiescence of Representative Hughes, I'm going move to reconsider the vote by which Representative Hughes' last amendment, prior to the point of order, was passed and sustained.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hughes.
REPRESENTATIVE BRYAN HUGHES: And the amendment is withdrawn.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak on, for, or against the bill? Chair recognizes Representative Jackson.
REPRESENTATIVE JIM REPRESENTATIVE JACKSON: M embers, I thank everybody that's been involved in this, but I want to particularly thank the committee members, Judiciary and Civil Jurisprudence, that worked on this bill. It's a multi session bill, and I think we're finally there. And I especially want to thank Representative Lewis for his hard work and long hours working with all the interests on Senate Bill 1717, and join everybody together. Truly a masterful job he's done, and I hope you will join me by rewarding his hard work by voting for this bill. Thank you.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis to close.
REPRESENTATIVE TRYON REPRESENTATIVE LEWIS: T hank you Mr. Speaker. And thank you, Chairman, for the kind words. I move passage.
REPRESENTATIVE JOE STRAUS: Question occurs on passage to third reading of Senate Bill 1717. All those in favor say aye, all those oppose say nay. Ayes have it. Senate Bill 1717 passed to third reading. Members, we're going to do some items eligible. We're on page five of the items eligible. Chair recognizes Mr. Hildebrand for a motion.
REPRESENTATIVE HARVEY HILDERBRAN: Mr. Spe aker, members, I move to request the appointment of conference committee on SB1087.
REPRESENTATIVE DENNIS BONNEN: Members, you heard Representative Hildebrand's motion for a conference committee. Is there any objection? Chair hears none. So ordered. Are there any motions to instruct the Chair? Hears none. Clerk will read.
THE THE CLERK: The House conferrees conference committee on SB1087: Hildebrand, Chair, Gallego, King of Zavala, Gooden, Frullo.
REPRESENTATIVE DENNIS BONNEN: Chair calls up House Bill 943 with Senate amendment.
THE THE CLERK: SBHB943 by Dukes.. Relating to reporting requirements concerning missing persons, including missing children in the managing conservatorship of the Department of Family and Protective Services.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Dukes.
REPRESENTATIVE DAWNNA DUKES: Thank you Mr. Chairman and members, House Bill 943 deals with reporting requirements for missing children and missing persons. There was one amendment added in the Senate to ensure that the child's guardian ad litem would be notified in the event of a missing person, and I concur with the Senate amendment. Move passage.
REPRESENTATIVE DENNIS BONNEN: Mrs. Dukes brings up House Bill 943 with Senate amendment. Moves to concur. Is there any objection to concurring with Senate amendment? The Chair hears none. So ordered. Members, we need a record vote on House Bill 943, concurring. Therefore, the clerk will ring the bell. Showing Mr. Lucio, III voting aye. All voted? 145 to 0. Chair lays out House Bill 1179 with Senate amendment. The clerk will read the House Bill 1179.
THE THE CLERK: HB1179 by Flynn. Relating to certification requirements for certain property tax professionals.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Flynn.
REPRESENTATIVE DAN FLYNN: Thank you Mr. Speaker. I would move though that we concur with the Senate amendments. The only thing that their amendment says is that they included the record tax collectors along with the tax assessors. I move passage.
REPRESENTATIVE DENNIS BONNEN: Mr. Flynn moves to concur with Senate amendments on House Bill 1179. This is a record vote, members. Please ring the bell. All voted? Have all voted? There being 142 ayes, 0 nays, House Bill 1179 is passed. Chair calls up House Bill 3577, the Senate amendment. Clerk will read the bill. Mr. Gonzalez? Members, we're on page one of the items eligible calendar. Please pay attention if you have a bill on that calendar. Chair recognizes the clerk to read House Bill 3577.
THE THE CLERK: HB3577 by Gonzalez. Relating to priority consideration and eligibility for Texas Educational Opportunity Grants, TEXAS grants, and other state financial aid.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Gonzalez.
REPRESENTATIVE LARRY GONZALES: Thank you Mr. Speaker. Members, this bill is the bill we passed dealing with priority consideration for the Texas Educational Opportunity Grants and the Texas Grants, which is recommendation by the coordinating board. The Senate added an amendment giving it priority consideration for financial aid, but I believe it violates the two subject rules, so I'm requesting a conference committee.
REPRESENTATIVE DENNIS BONNEN: Members, you heard the motion for a request for conference committee. Are there any motions for instruction? Chair hears none. The conference committee is approved. The clerk will read the committee members.
THE THE CLERK: House conferrees for the conference committee on HB3577: Gonzalez of Williamson, Chair, Schwertner, Scott, Strama, Workman.
REPRESENTATIVE DENNIS BONNEN: Chair lays out House Bill 109 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB109 by Brown. Relating to the temporary lowering of prima facie speed limits at a vehicular accident reconstruction site.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Brown.
REPRESENTATIVE FRED BROWN: Thank you Mr. Speaker. Members, there was three changes that the Senate put in place, and one was that added language requiring the local official designated as supervisor reconstruction zone to have engineering experience. Number two, they asked for -- that -- that the police department give TexDOT 48 hours notice before they went out and did their reconstruction zone. And third, adds the language giving TexDOT authority to remove signs where other notice of temporary lowering of the speed limit.
REPRESENTATIVE DENNIS BONNEN: Mr. Brown moves to concur with Senate amendments. Is there any objection? Chair hears none. A record vote is required. The clerk will ring the bill. All voted? There being 139 ayes, 0 nays, House Bill 109 is finally passed. Chair lays out House Bill 268 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB268 by Hildebrand.. Relating to the exemption from sales and use taxes, including the motor vehicle sales and use tax, for timber and certain items used in or on a farm, ranch, timber operation, or agricultural aircraft operation.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Mr. Spe aker, members, I move to concur with Senate Bill House Bill 268. I'm sorry, let me explain. This is a -- We've got a few amendments, but they basically were for clarification. One amendment consisted of one page, total, and the committee substitute that they did was twelve pages, but it was basically was our bill but with just technical corrections and clarifications. And we accepted it, and it's all agreed to. Move passage.
REPRESENTATIVE DENNIS BONNEN: Anyone in opposition to concurring with Senate amendment? Record vote is required. Clerk will ring the bell. All voted? Showing Mr. Smith voting aye. All voted? There being 142 ayes, 0 nays, House Bill 268 is finally passed. Chair lays out House Bill 378 with Senate amendment. The clerk will read the bill.
THE THE CLERK: HB378 Guillen. Relating to stationary tow trucks on a highway; providing a penalty.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, HB378 was amended in the Senate to clarify that move over law only applies when a tow truck is performing duties listed in the occupation code. It was a clarifying amendment and so I move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Guillen moves to concur with Senate amendment. Is there any objection? Chair hears none. A record vote is required. Clerk will please ring the bell. All voted? All voted? There being 141 ayes, 0 nays, House Bill 378 is finally passed. Chair lays out House Bill 3134 with Senate amendments. Clerk will read the bill.
THE THE CLERK: HB3134 by Crownover. Relating to the plugging of inactive oil and gas wells.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Crownover.
REPRESENTATIVE MYRS CROWNOVER: This is ban to plugging and I move to concur.
REPRESENTATIVE DENNIS BONNEN: Is there any objection to concurring with Senate amendment? The Chair hears none. Representative Howard?
REPRESENTATIVE CHARLIE HOWARD: Parliament ary inquiry. Can we have a brief description of what they added or the changes, please?
REPRESENTATIVE DENNIS BONNEN: Mrs. Crowno ver, will you tell them what the Senate amendments were.
REPRESENTATIVE MYRS CROWNOVER: Yes, I would be happy to. This is a correction, technical correction on 2259. A few years ago, and this is an agreed upon thing that we had with the oil and gas and the Railroad Commission, so that we could make sure that the P-5s were not in danger.
REPRESENTATIVE DENNIS BONNEN: Representat ive Crownover moves to concur with Senate amendment. Is there any objection? Chair hears none. Record vote is required. Clerk will ring the bell. Have all voted? All voted? There being 142 ayes, 0 nays, House Bill 3134 is finally passed.
REPRESENTATIVE MYRS CROWNOVER: Thank you.
REPRESENTATIVE DENNIS BONNEN: Chair lays out House Bill 447 with Senate amendment. Clerk will read the bill.
THE THE CLERK: HB447 by Menendez. Relating to the powers of a defense base development authority.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Hughes. Members, House Bill 447 is temporarily withdrawn. Chair lays out House Bill 970 with Senate amendment. The clerk will read the bill.
THE THE CLERK: HB970 by Gonzalez. Relating to the use of municipal hotel occupancy tax revenue to enhance and upgrade coliseums and multiuse facilities in certain municipalities.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Gonzalez of Williams.
REPRESENTATIVE WILLIAMS: Thank you Mr. Speaker. Members, this is the bill we passed the City of Round Rock as it pertains to city hotel occupancy tax, which simply expanded the population bracket to account for the new census numbers. In the Senate, the senator added his city to the same statute so they can also use these taxes for the stated purposes, which is very consistent with current law that other states enjoy. I move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Gonzale z moves to concur with Senate amendment. Is there any objection? Chair hears none. Record vote is required. The clerk will please ring the bell. All voted? All voted? Showing Mr. Branch voting aye. Have all voted? There being 138 ayes, 6 nays, House Bill 970 is finally passed. Chair lays out House Bill 1615 with Senate amendment. The clerk will read the bill.
THE THE CLERK: HB1615 by Brown. Relating to the administering of medications to children in certain facilities; providing criminal penalties.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Brown.
REPRESENTATIVE FRED BROWN: Thank you Mr. Speaker. Members, the Senate made two changes. One, they authorized the caretaker to receive permission to administer a single dose of medication, of parent or guardian over the phone. And, number two, they changed the language from physician to practitioner. And I think it's easier for us to agree with them, than beat it out of them. So I move that we concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Brown moves to concur with Senate amendment. Is there any objection? Chair hears none. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 142 ayes, 0 nays, House Bill 1615 is finally passed. Chair lays out House Bill 2904 with Senate amendment. The clerk will read the bill.
THE THE CLERK: HB2904 by Zerwas. Relating to the administration of the Glenda Dawson Donate Life-Texas Registry.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you Mr. Speaker and members. This is the bill that transfers the Glenda Dawson Organ Donor Registry to the three federally certified OPOs. The Senate it back with one amendment, which permits the DPS of the state of the Texas to use a one question form, rather than a two question form in order to reduce some of the confusion about becoming an organ donor registrant. And I would move to concur with the Senate amendment.
REPRESENTATIVE DENNIS BONNEN: Dr. Zerwas moves to concur with Senate amendment. Is there any objection? Chair hears none. The record vote is required. The clerk will please ring the bell. Have all members voted? Have all voted? There being 142 ayes, 0 nays, House Bill 2904 is finally passed. Chair lays out House Bill 260 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB260 by Hildebrand. Relating to the prosecution and punishment of unlawful transport of a person.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Thank you Mr. Speaker. Members, this is a bill on prosecution and punishment of unlawful transport. Senate added two amendments, consistent with seven pages. It basically included Charlie Howard's bill, along with unlawful smuggling of illegals. Move passage. Move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Hildebr and moves to concur with Senate amendments. Any objection? Chair hears none. Record vote is required. The clerk will ring the bell. Have all voted? Have all voted? There being 143 ayes, 0 nays, House Bill 260 is finally passed. Chair lays out House Bill 1992 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB1992 by Hardcastle.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Hardcastle.
REPRESENTATIVE RICK REPRESENTATIVE HARDCASTLE: T hank you Mr. Speaker. Members, this House Bill 1992 with Senate amendment, and the Senate just put back in some of the language where they spread the fees and make them cheaper on the livestock producers. I move passage.
REPRESENTATIVE DENNIS BONNEN: Mr. Hardcas tle moves to concur with Senate amendment. Is there any objections? Chair hears none. Record vote is required. The clerk will please ring the bell. Have all voted? Have all voted? There being 104 ayes, 36 nays, 1 present not voting; House Bill 1932 is finally passed. Chair lays out House Bill 3329 with Senate amendment. Clerk will read the bill.
THE THE CLERK: HB3329 by Keffer. Relating to a daily temporary private club permit for a nonprofit corporation.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Keffer.
REPRESENTATIVE JAMES L. REPRESENTATIVE KEFFER: T hank you Mr. Speaker. This is the local bill, Brown County, for the Boys and Girls Club to have fundraisers. I'm concurring with the Senate amendment. It made it easier for a nonprofit to comply with TBA rules.
REPRESENTATIVE DENNIS BONNEN: Mr. Keffer offers the House Bill 3329 concurring with Senate amendment. Is there any objection? Chair hears none. Record vote is required. Clerk will ring the bell. Have all voted? Have all voted? There being 138 ayes, 0 nays, 2 present not voting, House Bill 3329 is finally passed. Chair lays out House Bill 3391 with Senate amendments. Clerk will read the bill.
THE THE CLERK: HB3391 by Miller. Relating to rain water harvesting for water conservation initiatives.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Miller of Comal.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: M embers, this is the rain water harvesting bill that we sent over to the Senate. Senator Seliger made a few amendments to it, which I concur with.
REPRESENTATIVE DENNIS BONNEN: You might explain one or two of them.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: O ne thing he did was to make sure that the communities better involved with this provide consent for people that are using them inside either a water system or inside the city.
REPRESENTATIVE DENNIS BONNEN: Mr. Miller moves to concur with Senate amendment. Is there any objection? Chair hears none. Record vote is required. Clerk will ring the bell. Have all voted? Have all voted? Have all voted? There being 144 ayes, 1 nay, House Bill 3391 is finally passed. Chair lays out House Bill 257 with Senate amendments. And the clerk will please read the bill.
THE THE CLERK: HB257 by Hildebrand. Relating to certain unclaimed property that is presumed abandoned.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Mr. Spe aker, members, this is House Bill 257. The Senate put on one amendment consisting of six pages, which basically dealt with the men and women that are sent abroad in the armed services, to make sure that they weren't unduly punished by -- on the unclaimed properties sold. They were protected. Move passage, move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Hildebr and moves to concur with Senate amendment. Is there any objection? Chair hears none. Record vote is required. The clerk will ring the bell. All voted? Have all voted? There being 143 ayes, 0 nays, House Bill 257 is finally passed. Chair lays out House Bill 2817 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB2817 by Taylor.
REPRESENTATIVE DENNIS BONNEN: The Chair recognizes Taylor of Galveston.
REPRESENTATIVE LARRY TAYLOR: Thank you Mr. Speaker. Members, this is the election bill we had some fun with the other day on the floor. And, can you believe it, the Senate took off some of the amendments. And we'd like to not concur and go talk about some of those.
REPRESENTATIVE DENNIS BONNEN: Anyone wishing to instruct the conferees? Mr. Taylor moves to not concur. Conferrees will appoint a conference committee. Is there any desire to instruct the conferrees? Chair hears none. Read the conferrees, please.
THE THE CLERK: House conferrees for the conference committee on HB2817: Taylor of Galveston, Chair, Branch, Burkett, Hernandez Luna, King of Parker.
REPRESENTATIVE DENNIS BONNEN: Chair lays out House Bill 3410 with Senate amendment. The clerk will read the bill.
THE THE CLERK: HB3410 by Smithee.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Smithee.
REPRESENTATIVE JOHN T. SMITHEE: Mr. Speak er, this is the bill that deals with surplus lines of insurance. The one Senate amendment that came up was just changing the effective date, so I'm going move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Smithee moves to concur. Is there any objection? Chair hears none. Record vote is required. Clerk will ring the bell. Have all voted? All voted? 143 to 0, House Bill 3410 is finally passed. Chair lays out House Bill 3788 with Senate amendment. The clerk will read the bill.
THE THE CLERK: HB3788 by Marquez. Relating to the authority of a county civil service commission to administer oaths and issue subpoenas; providing a penalty.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Marquez.
REPRESENTATIVE MARISA MARQUEZ: Thank you Mr. Speaker. This is civil service commissions bill that we passed. The Senate added an amendment that made two very small changes, they changed the word pertinent to relevant, and they changed the deadline for requesting information for a hearing from ten to fifteen days. I move to concur with Senate amendment.
REPRESENTATIVE DENNIS BONNEN: Representat ive Marquez moves to concur with Senate amendments. Is there any objection? A record vote is required. Clerk will please ring the bell. Have all voted? Have all voted? 131 ayes, 15 nays, House Bill 3788 is finally passed. Chair lays out House Bill 1711 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB1711 by Davis of Harris. Relating to disaster remediation contracts.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Davis of Harris.
REPRESENTATIVE JOHN E. DAVIS: Thank you Mr. Speaker. Members, the Senate put on an amendment which I don't like, so we're going talk about.
REPRESENTATIVE DENNIS BONNEN: Is there any objection to not concurring and the appointment of a conference committee? Chair hears none. Is there -- are there any motions to instruct the conferees? Clerk will read the conference committee members.
THE THE CLERK: House conferee conference committee 1711: John Davis of Harris, Chair, Anderson of Dallas, Geren, Hardcastle, Miles.
REPRESENTATIVE DENNIS BONNEN: Chair lays out House Bill 1818 with Senate amendments. The clerk will please read the bill.
THE THE CLERK: HB1818 by Harper Brown. Relating to the continuation and functions of the Texas State Affordable Housing Corporation and to the appointment of commissioners of a municipal housing authority; providing penalties.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Harper Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you Mr. Speaker. Members, this is the state housing corporation sunset bill. The Senate made two acceptable changes. They modified a provision added on the House floor, that exempted certain public housing authorities from requirements that a tenant member be appointed from three hundred down to one hundred and fifty or fewer public housing units. And they also corrected a technical error in a provision added on the House floor that required corporations to make certain public -- Move passage.
REPRESENTATIVE DENNIS BONNEN: Representat ive Harper Brown moves to concur with Senate amendment. Is there any objection? Chair hears none. Record vote is required. Clerk will ring the bell. Have all voted? There being 144 ayes, 1 nay, House Bill 1818 is finally passed. Chair lays out House Bill 3616 with Senate amendments. The clerk read the bill.
THE THE CLERK: HB3616 by Naishtat. Relating to designating October as Persons with Disabilities History and Awareness Month.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Naishtat.
REPRESENTATIVE ELLIOTT NAISHTAT: Members, the Senate amended the bill to permit rather than mandate public schools to observe presence of disability Awareness Month. I move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Naishtat moves to concur with Senate amendment. Is there any objection? Chair hears none. This is a record vote required. The clerk will please ring the bell. Have all voted? Have all voted? There being 143 ayes, 1 nay, 3 present not voting; house Bill 3616 is finally passed. Chair lays out House Bill 2160 with Senate amendments. The clerk will please read the bill.
THE THE CLERK: HB2160 by Coleman. Relating to the governing bodies of certain local planning organizations.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Coleman.
REPRESENTATIVE GARNET F. COLEMAN: I move to concur with Senate amendment and the Senate amendment changes the -- whether or not someone can -- legislature participates in a counsel's government board to permit as ex officio. And I move adoption -- passage.
REPRESENTATIVE DENNIS BONNEN: Is there any objection to concurring with Senate amendment? Chair hears none. Record vote is requested. Clerk will please ring the bell. All voted? There being 146 ayes, 0 nays, House Bill 2160 is finally passed. Chair lays out House Bill 2971 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB2971 by Smith. Relating to the confidentiality of documents evaluating the performance of public school teachers and administrators.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes (inaudible).
UNIDENTIFIED MAN SPEAKER: Mr. Chair, House Bill 2971 ensures confidentiality in charter schools performance evaluations, and the Senate amendments ensured that the personnel records for charter school employees are able to transfer from charter schools to public schools. I move to concur.
REPRESENTATIVE DENNIS BONNEN: Is there any objection to concurring to Senate amendments? Chair hears none. Record vote is required. Clerk will please ring the bell. Have all voted? Have all voted? There being 140 ayes, 0 nays, 2 present not voting; House Bill 2971 is finally passed. Chair lays out House Bill 1422 with Senate amendment. The clerk will please read the bill.
THE THE CLERK: HB1422 by Truitt.. Relating to the issuance of titles for certain motor vehicles that are the subject of insurance claims.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Truitt.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: T hank you Mr. Speaker. Members, the Senate amended the bill on to this one already passed in the House on the Local and Consent Calender, Representative Orr's House Bill 646 that requires insurance companies to inform customers. It is required to tell the state that it paid a salvage type claim, and that by keeping the vehicle the owner will have to get a new type of title. And I move to concur.
REPRESENTATIVE DENNIS BONNEN: Mrs. Truitt moves to concur with Senate amendment. Is there any objection? Chair hears none. This is a record vote. Clerk will ring the bell. Show Mrs. Woolley voting aye. Have all voted? There being 144 ayes, 0 nays, House Bill 1422 is finally passed. Chair lays out House Bill 1278 with Senate amendment. The clerk will read the bill.
THE THE CLERK: HB1278 by Coleman. Relating to regulation by a property owners' association of certain religious displays.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Coleman.
REPRESENTATIVE GARNET F. COLEMAN: Thank you Mr. Speaker and members. Members, this is the bill that deals with religious freedom and the ability for someone to post an item of their faith. And there's one amendment, and that amendment makes sure that the language is constitutional. And that was worked out with Mr. Saenz in the property owners' association. And I move that we concur with the Senate amendment.
REPRESENTATIVE DENNIS BONNEN: Is this any objection with concurring with the Senate amendment? The Chair hears none. Record vote is required, record vote will be granted. Please ring the bell, clerk. There are 144 ayes, 0 nays, House Bill 1278 is finally passed. Chair lays out House Bill 2135 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB2135 by Hochberg. Relating to the administration of end-of-course and other assessment instruments to certain public school students enrolled below the high school level.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Thank you Mr. Speaker and members. This is a bill that allows middle school students to take courses above their grade level, and actually use the end of course exam for that course rather than the regular tax test. The Senate added an amendment that said well, if that's good for end of course exams it's also good for sixth and seventh graders taking eighth grade courses. And I think it's a great amendment by Senator Patrick. And so I would move that we concur with Senate amendments.
REPRESENTATIVE DENNIS BONNEN: Mr. Hochber g moves to concur with Senate amendments. Is there any objection? Chair hears none. Record vote is required. Clerk will ring the bell. Showing Mrs. Kolkhorst voting aye, showing Mr. Geren voting aye. Have all voted? 144 to 0, house Bill 2135 is finally passed. Chair lays out House Bill 1201 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB1201 by Kolkhorst. Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker. Members, House Bill 1201 is the repeal of the Trans Texas corridor. The Senate went back to the original committee substitute allowing the speed limit of 85 miles an hour, or the truck lanes to be done more quickly. And also added that RMAs clarify that RMAs would not pay taxes. I move passage for the final repeal of the Trans Texas Corridor.
REPRESENTATIVE DENNIS BONNEN: Mr. Branch?
REPRESENTATIVE DAN BRANCH: I wanted to know if the lady would yield for one question.
REPRESENTATIVE DENNIS BONNEN: Would the lady yield?
REPRESENTATIVE LOIS KOLKHORST: Of course, I yield to my great colleague.
REPRESENTATIVE DAN BRANCH: Is this the eighth or ninth life of the Trans Texas --
REPRESENTATIVE LOIS KOLKHORST: It certainly is bad. It goes on and on. But, hopefully members, this is the end of the Trans Texas Corridor.
REPRESENTATIVE DENNIS BONNEN: Mrs. Kolkho rst moves to concur with Senate amendment. Is there any objection? Chair hears none. Record vote is required. Please ring the bell. All voted? 143 to 0, house Bill 1201 is finally passed. Chair lays out House Bill 2603 with Senate amendments the clerk will read the bill.
THE THE CLERK: HB2603 by Smithee. Relating to the distribution of universal service funds to certain small and rural local exchange companies.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Smithee.
REPRESENTATIVE WAYNE SMITH: Mr. Speaker, members, this bill relates to the uniformity service fund, and Senate amendment changes just a technical portion of it. And I move to concur.
REPRESENTATIVE DENNIS BONNEN: Anyone object to concurring with Senate amendments? This is a record vote. Clerk will ring the bell. There being 137 ayes, 2 nays, House Bill 2603 is finally passed. Chair lays out House Bill 397 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB397 by Gonzalez of Hidalgo. Relating to the creation of the Bureau for Economic Development of the Border Region.
REPRESENTATIVE DENNIS BONNEN: House Bill 397. The Chair recognizes Representative Gonzalez of Hidalgo.
REPRESENTATIVE VERONICA GONZALES: Members , I move to concur with the Senate amendments to House Bill 397. This the Bureau for the Economic Development of the Border Regions. And I don't have the bill book in front of me, but if I recall correctly, what the Senate did is they added some universities that would rotate serving on the bureau, and they would do it in staggered terms. And I concur.
REPRESENTATIVE DENNIS BONNEN: Is there any objection to concurring with Senate amendments on House Bill 397? Chair hears none. Record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 140 ayes, 38 nays, 2 present not voting; House Bill 397 has finally passed. Chair moves to call the conference committee report from Senate Bill 201. Mr. Callegari? Mr. Callegari? Clerk will read the conference committee report.
THE THE CLERK: Conference committee report for SB201.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Callegari.
REPRESENTATIVE BILL CALLEGARI: Members, we removed an item on this bill that let's -- constitutional (inaudible) so it remains as we passed it in the House a provision was removed that related to people with disabilities.
REPRESENTATIVE DENNIS BONNEN: Members, the question occurs on a conference committee report. Record vote. The clerk will ring the bell. Have all voted? There being 143 ayes, 0 nays, Senate 201 is finally passed. Chair lays out -- We are on Calendar 2. Mr. Orr. Chair lays out HJR109 with Senate amendment.
THE THE CLERK: HJR109 by Orr. Proposing a constitutional amendment to clarify references to the permanent school fund and the general land office to distribute revenue doctor I'd from permanent school appropriate.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Orr.
REPRESENTATIVE ROB ORR: Mr. Speaker, members, the Senate added SJR5 to this JR. This provision would include the discretionary rule for investment and cash related to the rules stating when cutting the base in which it was adopted, the pay out. The effect would be to increase base value of the PSS. It is more and straightforward transparent accounting methods regarding to the funds assets value and cash flow. Also it has a 300 million limit that was put on the bill. And I move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Orr moves to concur. Is there any objection? Chair hears none. Record vote. Clerk will ring the bell. All voted? All voted? Showing Mr. Miller, Sid, voting aye. 143 ayes, 0 nays, HJR109 is finally passed. Mr. Miller of Comal. Members, we're on page one of Calendar 1, items eligible. Page one, Calendar 1. Chair lays out House Bill 1168 with Senate amendments. The clerk will read the bill.
THE THE CLERK: HB1168 by Miller of Comal. Relating to smoke alarms and fire extinguishers in residential rental units.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Miller of Comal.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: M r. Speaker, members, these changes were not substantiated with clarifying language, which they were made at the request of the building officials of Texas. There was also a replacement that made sure we complied the code, and for the remodeling code, and there was also some other amendments with some specifications set forth in the state law, in accordance with the manufacturers instructions. I move to concur.
REPRESENTATIVE DENNIS BONNEN: Mr. Miller moves to concur with Senate amendments. Is think any objection? Chair hears none. Record vote. Clerk will ring the bell. Have all voted? There being 144 ayes, 3 nays, 2 present not voting; House Bill 1168 is finally passed. Mr. Larson? Chair lays out Senate Bill 499 as a matter of postponed business. The clerk will please read the bill.
THE THE CLERK: SB499 by Jackson. Relating to the identification of breeder deer by microchips.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: I move to postpone until 8:00 a.m. tomorrow morning, May 24th, 2011.
REPRESENTATIVE DENNIS BONNEN: Members, you heard the motion. Is there any objection? Chair hears none. The bill is postponed until tomorrow morning at 8:00 a.m. Chair lays out as a matter of postponed business Senate Bill 1543. The clerk will read the bill.
THE THE CLERK: SB1543 by Wentworth. Relating to the authority of an independent school district to invest in corporate bonds.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Larson to explain the bill in detail.
REPRESENTATIVE LYLE LARSON: Mr. Speaker, members, what this allows is the school district to make investments in something outside of what they're able to do right now, give them a little bit more flexibility --
REPRESENTATIVE DENNIS BONNEN: Amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Larson.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Larson to explain his amendment.
REPRESENTATIVE LYLE LARSON: This amendment deals with four different aspects of the bill. Number one it strikes the senior secured aspect of the corporate bonds. The second thing it does, it basically allows investment pools to be included. It has -- it deals with the rating issues. We can only look at double A minus or better corporate bonds. And then the balance of it is conforming.
REPRESENTATIVE DENNIS BONNEN: Mr. Legler?
REPRESENTATIVE KEN LEGLER: Would the gentleman yield for a question?
REPRESENTATIVE DENNIS BONNEN: Gentleman yield?
REPRESENTATIVE LYLE LARSON: Yes.
REPRESENTATIVE KEN LEGLER: Yes, you know we talked earlier. And my concern was that the school districts could invest in bonds that they would actually be involved in building the schools, or major large contracts. And you don't believe this intent of this bill to allow them to do that, do you?
REPRESENTATIVE LYLE LARSON: No, no, that's not the intent. In fact, after the discussion we look into all the companies that are in the construction industry that deal with schools, and there's none that have a double A minus or better rating, or corporate bonds. So I understand where you're coming from there, because it would be incestuous if they are investing in companies that are actually building schools in their school districts. It's a very select group of schools that are going to be able to do this, you have to have either a population of 50,000 or more in your school district or you invest over a hundred million dollars in your portfolio. And with that, with the amendment that's forthcoming, you can only be exposed to -- 15 percent of the portfolio would be exposed to the corporate bonds. And the corporate bonds that we're talking about are primarily Exxon, Johnson and Johnson, Microsoft, and those are triple A rated corporate bonds.
REPRESENTATIVE KEN LEGLER: Okay. I just wanted to make sure we were clarified on that.
REPRESENTATIVE LYLE LARSON: Thank you, sir. Thank you. Appreciate it.
REPRESENTATIVE DENNIS BONNEN: Mr. Larson sends up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair lays out the amendment. The clerk will please read the amendment.
THE THE CLERK: Amendment by Coleman.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Coleman.
REPRESENTATIVE GARNET F. COLEMAN: Thank you very much Mr. Speaker and members. What this amendment does is turn -- just reduces by 5 percent the amount of the portfolio that can be invested in corporate bonds. And it's acceptable to the author.
REPRESENTATIVE DENNIS BONNEN: Mr. Coleman offers up an acceptable amendment. Is there any objection? Amendment is adopted. Chair lays out the amendment. The following amendment. The clerk will read the amendment. Anyone else wishing to speak for or against Senate Bill 1543? All those in favor say aye, all those oppose say nay. The ayes have it. Senate Bill 1543 is passed to third reading. Members, we are now on general state of today's calendar. Chair lays out Senate Bill 773. The clerk will please read the bill.
THE THE CLERK: SB773 by Zaffirini. Relating to telecommunications service discounts for educational institutions, libraries, hospitals, and telemedicine centers.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE P. GALLEGO: Thank you Mr. Speaker. This extends the current (inaudible) and I move passage.
REPRESENTATIVE DENNIS BONNEN: Anyone else wishing to speak for or against Senate Bill 773? Hold on, members, there are like four amendments. And one of them has your name on it, Mr. Gallego. Chair lays out the amendments.
THE THE CLERK: Amendment by Brown.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Brown.
REPRESENTATIVE FRED BROWN: What we're doing, you-all passed out my internet advertising a hundred percent off this floor, and it's stuck in the Senate. So we're adding it to this bill and they we are going to have an amendment to the amendment.
REPRESENTATIVE DENNIS BONNEN: Amendment to the amendment. Clerk will read the amendment.
THE THE CLERK: Amendment to the amendment by Brown.
REPRESENTATIVE FRED BROWN: Thank you Mr. Speaker. Members, with that amendment all we're doing is allocating 50 percent of any of the money from our online advertising to the foundation school fund.
REPRESENTATIVE DENNIS BONNEN: Mr. Brown offers up an amendment to the amendment. It's acceptable to the author. Is there any objection? Chair hears none. The amendment as amended is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. The clerk will read the amendment. Anyone else wishing to speak for or against Senate Bill 773? Record vote is requested. Record vote is granted. The clerk will please ring the bell. Showing Mr. Margo voting aye. Have all voted? Have all voted? There being 117 ayes, 19 nays, 2 present not voting, Senate Bill 773 is passed to third reading. Chair lays out Senate Bill 17. Clerk will read the bill.
THE THE CLERK: SB17 by Carona. Relating to the regulation of residential mortgage loan servicers; providing an administrative penalty.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Truitt.
REPRESENTATIVE TRUITT: Thank you Mr. Speaker, members. There are currently unregulated third parties acting as mortgage services in Texas. Some of these unregulated services in Texas are generating a lot of consumer complaint. No Texas agency is currently designated to receive those complaints. This bill requires unregulated mortgage services to register with the Texas Department of Savings and Mortgage Lending. Entities already licensed and regelated are exempt from this registration requirement. When the department receives complaints it can refer the complaints to the proper federal agency, or initiate an enforcement action, depending upon whether or not the mortgage service is licensed --
REPRESENTATIVE DENNIS BONNEN: Chair lays out the amendment. Clerk will read the amendment.
THE THE CLERK: Amendment by Rodriguez.
REPRESENTATIVE DENNIS BONNEN: Mr. Rodrigu ez? Mr. Rodriguez on the floor of the House? Amendment is withdrawn. Chair recognizes Representative Truitt to close on her bill.
REPRESENTATIVE VICKI REPRESENTATIVE TRUITT: M ove passage.
REPRESENTATIVE DENNIS BONNEN: Anyone else wishing to speak for, on, or against Senate Bill 17? All those in favor -- There is? Oh, it is withdrawn. Okay. All those in favor say aye. All those opposed say nay. The ayes have it. Senate Bill 17 is passed to third reading. Chair lays out Senate Bill 731. The clerk will read the bill.
THE THE CLERK: SB731 by Nichols. Relating to the attorney general's legal sufficiency review of a comprehensive development agreement.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members. There's been a great deal of questions about -- regarding the length of contracts for CDAs and the complication of those contracts. Back in the 80th Session we passed Senate Bill 792, which included a requirement for the attorney general to review all of these contracts. The AG has dedicated quite a lot of its time. This allows the AG's office to recover some of those moneys from the people that are contracting with us, the companies. I move passage.
REPRESENTATIVE DENNIS BONNEN: Anyone else wishing to speak for or against Senate Bill 731? All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 3731 is passed to third reading. Chair lays out on third reading Senate Bill 332. The clerk will read the bill.
THE THE CLERK: SB332 by Fraser. Relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Ritter.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T hank you Mr. Speaker, members, Senate Bill 332 recognizes the landowner's right to groundwater beneath the surface of the landowner's land as real property. Mr. Speaker, we do have one amendment.
REPRESENTATIVE DENNIS BONNEN: Chair lays out the amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Ritter.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Ritter.
REPRESENTATIVE RITTER: Thank you, Mr. Speaker. This amendment makes technical, non-suspend corrections. On page one, line 20 we deleted his and insert landowners. Page three, line three, we strike coastal. It doesn't need to be in there. Page three, line twenty-six, we delete water and insert groundwater. I move --
REPRESENTATIVE DENNIS BONNEN: Mr. Ritter offers up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. Chair recognizes Mr. Ritter to close on his bill. Mrs. Farrar?
REPRESENTATIVE JESSICA FARRAR: Well, actually, Mr. Speaker, I raise a point of order on the bill under Rule 4, Section 32C.
REPRESENTATIVE DENNIS BONNEN: Please, bring it down front. Representative Farrar temporarily withdraws her point of order. The Chair recognizes Mr. Ritter.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Speaker, I move to postpone to a time certain 11:30 tonight.
REPRESENTATIVE DENNIS BONNEN: Members, you heard the motion. Is there any objection? Chair hears none. Chair lays out on second -- Chair recognizes Mr. Gallego for a motion.
REPRESENTATIVE PETE P. GALLEGO: Thank you Mr. Speaker. Members, on Senate Bill 737, which we just passed, I'd like the House -- sorry, author, were Mr. Chisum and Mr. Strama. And I'd like -- I move that we add their names as joint sponsors of Senate Bill 773.
REPRESENTATIVE DENNIS BONNEN: You may have heard Mr. Gallego's motion. Is there any objection? Chair hears none. So ordered. Chair lays out Senate Bill 223 on second reading. The clerk will read the bill.
THE THE CLERK: SB223 by Nelson. Relating to certain facilities and care providers, including providers under the state Medicaid program; providing penalties.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mrs. Gonzalez.
REPRESENTATIVE NAOMI GONZALEZ: Thank you Mr. Speaker. What this bill is intending to do is combat fraud and waste and abuse, and ensure that Medicaid providers comply with the program and licensing rules. It has a positive fiscal note and it is a government efficiency bill. I move passage.
REPRESENTATIVE DENNIS BONNEN: Anyone else wishing to speak for or against Senate Bill 223? All those in favor say aye. All those opposed say nay. The ayes have it. Senate Bill 223 is passed to third reading. Chair lays out on second reading Senate Bill 1909. The clerk will read the bill.
THE THE CLERK: SB1909 by Lucio.. Relating to The University of Texas at Brownsville, including its partnership agreement with the Texas Southmost College District.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Oliveira.
REPRESENTATIVE OLIVERA: Thank you, Mr. Speaker. Members, this bill simply allows UTB, UT Brownsville, to enter into some agreements as they decide to set aside their partnership. I would move adoption. And before you bang the gavel down, it's Pepito's birthday and there's cake until the member's lounge.
REPRESENTATIVE DENNIS BONNEN: Whose birthday?
REPRESENTATIVE RENE O. OLIVEIRA: Pepito.
REPRESENTATIVE DENNIS BONNEN: Who?
REPRESENTATIVE RENE O. OLIVEIRA: Represen tative J.M. Lozano. As he's more lovingly known as Pepito. There's a big ole cake, so please go back there, kiss him, and sing him happy birthday. He's like 99. Thank you.
REPRESENTATIVE DENNIS BONNEN: Anyone else wishing to speak for or against Senate Bill 1909? All those in favor say aye, those opposed say nay. The ayes have it. Senate Bill 1909 is passed to third reading. Chair lays out on second reading Senate Bill 173. The clerk will read the bill.
THE THE CLERK: SB173 by West. Relating to civil remedy of violations of certain municipal health and safety ordinances.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Dutton. Members, the bill is temporarily postponed until 11:30 p.m. this evening. Any objection? Chair hears none. Chair lays out Senate Bill 370. The clerk will read the bill.
THE THE CLERK: SB370 by Seliger. Relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Ritter. Mr. Ritter?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: M r. Speaker, Senate Bill 370 is dealing with projects for the water, Texas Water Development Board, and the State Water Implementation Plan, that they have to have the project --
REPRESENTATIVE DENNIS BONNEN: Anyone else wishing to speak for or against Senate Bill 370? All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 370 is passed to third reading. Chair lays out on second reading Senate Bill 681. The clerk will read the bill.
THE THE CLERK: SB681 by West. Relating to the establishment of a task force to study the assessments of children in the child welfare system.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Davis of Harris.
REPRESENTATIVE JOHN E. DAVIS: And I have an amendment, Mr. Speaker.
REPRESENTATIVE DENNIS BONNEN: Chair lays out the amendment. Clerk will read it.
THE THE CLERK: Amendment by John Davis of Harris.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Davis.
REPRESENTATIVE JOHN E. DAVIS: Thank you Mr. Speaker. Members, this creates a task force to -- as children enter the child welfare system, I have an amendment that will say that it's going to adopt the policy, they'll make a recommendation to the legislature which will make it good.
REPRESENTATIVE DENNIS BONNEN: Mr. Davis sends up an amendment. It's acceptable to the author. Is there any objection? Chair hears none. Question occurs on final passage of Senate Bill 681. All those in favor say aye, all those opposed say nay. The ayes have it. Senate Bill 681 is passed to third reading. Chair lays out on second reading Senate Bill 781. The clerk will read the bill.
THE THE CLERK: SB781 by Carona. Relating to the repeal of certain legislative oversight committees.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Mr. Cook. Members, I apologize. Back up. On the last bill there was a request by Mr. Cain for a record vote, so there will be a record vote on Senate Bill 681. The clerk will please ring the bell. Have all voted? Showing Mr. Zedler voting no. Have all voted? There being 63 ayes, 67 nays, Senate Bill 681 does not pass. Chair lays out Senate Bill 681. The clerk will read the bill.
THE THE CLERK: SB781 by Carona. Relating to the repeal of certain legislative oversight committees.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker. Members, this bill just eliminates three oversights committees, the electric utility restructuring legislative oversight committee, property and county insurance oversight committee, and committee on telecommunications competitive legislative oversight committee. And I believe there is one committee -- amendment.
REPRESENTATIVE DENNIS BONNEN: Following amendment. Clerk will read the amendment.
THE THE CLERK: Amendment by Miller of Comal.
REPRESENTATIVE DENNIS BONNEN: Chair recognizes Representative Miller.
REPRESENTATIVE MILLER: Thank you, Mr. Speaker. Members, this is an amendment taking out the members authority oversight committee. We have an agreement from Representative King, Representative Hildebrand and myself, they've signed onto this. And I think it's acceptable to the author. And I would move passage.
REPRESENTATIVE DENNIS BONNEN: Representat ive Miller sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted.
REPRESENTATIVE BYRON COOK: Move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 781? If not, the question occurs on passage to third reading of Senate Bill 781. All those in favor say aye. Those opposed, nay. The ayes have it. Senate Bill 781 is passed to third reading. Chair lays out on second reading Senate Bill 1799. The clerk will read the bill.
THE THE CLERK: SB1799 by West. Relating to the student loan program administered by the Texas Higher Education Coordinating Board; authorizing the issuance of bonds.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker. Members, this expands the Henson Hazelwood College Student Loan Program from 125 million cap to 350 million each fiscal year, but it does not change the overall cap.
REPRESENTATIVE JOE STRAUS: Is there anyone wishing to speak -- Following amendment -- Anyone wishing to speak for or against Senate Bill 1799? If not, the question occurs on passage to third reading of Senate Bill 1799. All those in favor say aye, those opposed nay. Ayes have it. Senate Bill 1799 is passed to third reading. Members we're on calendar two of items eligible. Mr. Cook and Mr. Taylor? Chair lays out on second reading Senate Bill 1714. Clerk will read the bill.
THE THE CLERK: SB1714 by Duncan. Relating to certain actions against an employer by an employee who is not covered by workers' compensation insurance.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker , members, this is the one on worker's comp where we were fixing the situation where some worker's comp bills nonconsent and they would allow employees to take an in-house deal. We eliminated that. I have one amendment that corrects the bill as it needs to be corrected.
REPRESENTATIVE JOE STRAUS: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Chisum.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker , members, this just corrects the drafting error. We had under in the substitute and it should be in connection with. It's acceptable to the author.
REPRESENTATIVE JOE STRAUS: Mr. Chisum sends up an amendment. It's acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: I move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against SB1714? Question occurs on passage to third reading of Senate Bill 1714. All those in favor say aye, those opposed nay. The ayes have it. Senate Bill 1714 is passed to third reading. Chair lays out on second reading Senate Bill 542. Clerk will read the bill.
THE THE CLERK: SB542 by Hagar. Relating to the regulation of law enforcement officers by the Commission on Law Enforcement Officer Standards and Education.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speake r, members, Senate Bill 3542 is a clean up bill requested by the Texas Commission of Law Enforcement Standard of Education. It also clarifies the requirements for police chief. And I've got an amendment.
REPRESENTATIVE JOE STRAUS: Following amendment. The clerk will read the amendment.
THE THE CLERK: Amendment by Fletcher.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker, members, this legislation enables second in command to attend voluntary training provided by law enforcement management institute of Texas, and satisfies their continuing education requirements similar to the chiefs. I believe there's another amendment.
REPRESENTATIVE JOE STRAUS: Representative Fletcher sends up an amendment. It's acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Following amendment, the clerk will read the amendment.
THE THE CLERK: Amendment by Walle.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Walle.
REPRESENTATIVE WALLE: Thank you Mr. Speaker, members, this ensures that officers working in our schools have appropriate training to enhance school safety. And it is acceptable to the author.
REPRESENTATIVE JOE STRAUS: Representative Walle sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Move passage.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 542? If not, the question occurs on passage to third reading of Senate Bill 542. All those in favor say aye, those opposed say nay. The ayes have it. Senate Bill 542 is passed to third reading. On items eligible calendar two. Chair calls up House Bill 2499 with Senate amendments. Clerk will read the bill.
THE THE CLERK: HB2499 by Cook.. Relating to the continuation and functions of the Department of Information Resources and the transfer of certain department functions to the comptroller of public accounts.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you Mr. Speaker. Members, this is the DR sunset bill. Couple of things. On the amendment, one amendment strengthens the conflict of interest provision at the comptrollers office. Another exempts the judiciary of department of agriculture office from the date of service contracts, and those were all fine. However, we have one Senate amendment, which allows the judiciary to develop stand alone systems for electronic filing court documents, instead of having use of DIRs, the middle man, to Texas dot gov. This amendment has a $900,000 fiscal note, so I move not to concur with Senate amendment so we can take that part off.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Are there any instructions for the conference committee? Chair hears none. Clerk will read the conferrees.
THE THE CLERK: House conferees for the conference committee on HB2499: Cook, Chair, Bonnen, Branch, Geren, Menendez.
REPRESENTATIVE JOE STRAUS: Chair calls up House Bill 1951 with Senate amendment. Clerk will read the bill.
THE THE CLERK: HB1951 by Taylor. Relating to the continuation and operation of the Texas Department of Insurance and the operation of certain insurance programs; imposing administrative penalties.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE LARRY TAYLOR: Thank you Mr. Speaker. Members, this is a TD issued sunset bill, and there are a number of differences between the House and Senate. I move to not concur and appoint a conference committee.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Are there any motions to instruct the conferees? If not, the clerk will read the conferees.
THE THE CLERK: House conferrees for the House conference committee on HB1951: Taylor of Galveston, Chair, Smithee, Hancock, Vo, Bonnen.
REPRESENTATIVE JOE STRAUS: Mrs. Farrar? Chair lays out as a matter of postponed business Senate Bill 332.
THE THE CLERK: SB332 by Fraser. Relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state.
REPRESENTATIVE JOE STRAUS: Members, when we last left this bill there was a point of order, two points of order. Chair has reviewed the bill analysis and respectfully overruled the point of order. Second point of order was on a witness affirmation form. The form was in the committees records. The point of order was respectfully overruled. The Chair recognizes Representative Ritter.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T hank you, Mr. Speaker. Members, let me have your attention. Senate Bill 332 recognizes landowner's right to ground water beneath the surface of the landowner's land as real property. Specifically, this groundwater ownership right entitles the landowner, including the landowner's lessees, heirs or assignees, to drill for and produce ground water below the surface of real property. A landowner may exercise the right, so long as there is not waste or malicious drainage of other property, of subsidence due to negligence. Members, additionally Senate Bill 332 recognized the ability of groundwater conservation districts to manage the production and use of groundwater at a local level. Specifically, this bill us not prohibit a district from limiting or prohibiting the drilling of a well, on the basis of well spacing or track size requirements. It does not affect the ability of a district to regulate groundwater production under applicable laws, or require that a district allocate groundwater production based on relative or modified relative right. REPRESENTATIVE WALTER "FOUR" PRICE: Mr. S peaker?
REPRESENTATIVE JOE STRAUS: Mr. Price, for what purpose? REPRESENTATIVE WALTER "FOUR" PRICE: Would the gentleman yield for a question?
REPRESENTATIVE JOE STRAUS: Mr. Ritter, do you yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: I yield, Mr. Speaker. REPRESENTATIVE WALTER "FOUR" PRICE: Mr. C hairman, you know I support this bill and we worked hard on the committee to get to the point where it is. But I have a few questions I wanted to ask you for legislative intent. First, I wanted to ask you and clarify that water rights can be severed by landowner and lease transfer to convey it under current law, correct?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: Y es, that's true. REPRESENTATIVE WALTER "FOUR" PRICE: So this bill is not intended to change the right to sever groundwater rights, is it?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: No , it does not. REPRESENTATIVE WALTER "FOUR" PRICE: So even though this bill refers to a landowner than who owns groundwater below the surface of his land, it does not preclude an owner of water rights, who is not also the surface owner, from transferring, leasing, conserving or conveying his water?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: No , it does not. REPRESENTATIVE WALTER "FOUR" PRICE: Final ly, there was a sentence in an earlier version of the bill that stated the groundwater ownership and rights may be transferred, conveyed or leased in the same manner, and by the same means, as any other ownership interest in real property. That was removed in the final committee substitute, as a redundant statement, since the bill already states that a landowner owns the groundwater below the surface as real property; is that correct?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T hat is correct. REPRESENTATIVE WALTER "FOUR" PRICE: So by removing that text, I just read there is no implication that one who owns groundwater rights, whether severed previously or not, is in any way precluded from transferring, conveying or leasing their water rights; is that accurate?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T hat's accurate, Mr. Price. REPRESENTATIVE WALTER "FOUR" PRICE: Mr. S peaker, I would ask that the exchange between Chairman Ritter and I be reduced to writing and placed in the journal.
REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Mr. Lucio, for what purpose?
REPRESENTATIVE EDDIE LUCIO III: Will the gentleman yield for a few questions?
REPRESENTATIVE JOE STRAUS: Mr. Ritter, do you yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: I 'd be happy to yield, Mr. Lucio.
REPRESENTATIVE EDDIE LUCIO III: Mr. Chair man, I would just first like to say how proud I am to first serve with you upon Natural Resources.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: A nd the same here.
REPRESENTATIVE EDDIE LUCIO III: I want to say that this is probably the bill we worked hardest on and had the most testimony, the longest hours. And, as a committee, we did our best to try to make what came over from the Senate, and may have had some unintended consequences, a better bill.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T hat's right, Mr. Lucio. And I have to applaud you and Mr. Miller behind you, and Mr. Price and Mr. Larson and Mr. Martinez Fischer, and everybody else on the committee, because we took a bill that we could not pass in this House and have it here to where we have it today. Hopefully, we'll pass it.
REPRESENTATIVE EDDIE LUCIO III: And I really think that the intention, as this legislation moves forward this session, was to make sure we recognize property owner's rights in groundwater. But, at the same time, not undo you all the great things we've done with groundwater conservation districts. I think this language strikes a great balance. I want to thank you for all your hard work and, you know, I intend on voting for the bill. Thank you.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: T hank you, Mr. Lucio.
REPRESENTATIVE JOE STRAUS: Mr. Miller, for what purpose?
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: M r. Speaker, couple of questions.
REPRESENTATIVE JOE STRAUS: Mr. Ritter, do you yield?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: Y eah, I'll yield for one, Mr. Miller.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: D id you enjoy working on this bill?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: Oh , I enjoyed working on it immensely, sir.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: I t was a great education overall?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: I t was a lot more fun than the Bayer Med bill.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: A nd I agree with that. Mr. Larson is standing behind, me said he agrees with me, too.
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: W e probably spent what, over a hundred hours on Bayer med.
REPRESENTATIVE DOUG REPRESENTATIVE MILLER: Y ou're right. And we came up with a good bill that everybody is agreeing on, right?
REPRESENTATIVE ALLAN REPRESENTATIVE RITTER: L et's get it passed. I move passage, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against Senate Bill 332? Question occurs on passage to third reading of Senate Bill 332. All those in favor say aye, all those opposed say nay. Ayes have it. Senate Bill 332 is passed to third reading. Back on calendar two of items eligible. Chair calls up House Bill 592 with Senate amendment. Clerk will read the bill.
THE THE CLERK: HB592 by Pitts. Relating to certain counties that are not required to operate a juvenile justice alternative education program.
REPRESENTATIVE JOE STRAUS: Is Mr. Pitts on the floor of the House? Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to concur with Senate amendments with House Bill 592. The Senate had a committee substitute for this bill to help Representative Burman on a issue in Smith County. But when he -- they got to the Senate floor, the Senate stripped out that and brought it back to the House version. So by concurring with the Senate amendments we are passing the exact same bill as we passed out of this House. I move passage.
REPRESENTATIVE JOE STRAUS: Representative Pitts moves to concur with Senate amendments. It's a record vote. Clerk will ring the bell. Have all voted? There being 140 ayes and 0 nays, House Bill 592 is finally passed. Members, if you have any announcements bring them down front. Members, tomorrow is going to be a long day. Chair recognizes Representative Lozano for an announcement.
REPRESENTATIVE JOSE MANUEL LOZANO: Thank you Mr. Speaker. Members, I know y'all all want to work and we have plenty of food in the office, so y'all can go work on that, if y'all like. Plenty of drinks, and y'all enjoy.
REPRESENTATIVE JOE STRAUS: Any further announcements? If not, Representative Burman moves that the House stand adjourned pending reading and referral and receipt of messages from the Senate until 9:00 a.m. tomorrow. The Chair announces the signing of the following in the presence of the House:
THE THE CLERK: SB31, SB36, SB41, SB58, SB74, SB80, SB122, SB131, SB155, SB219, SB246, SB247, SB 256, SB258, SB264, SB310, SB311, SB315, SB387, SB400, SB402, SB419, SB431, SB432, SB436, SB514, SB520, SB540, SB545, SB558, SB601, SB794, SB795, SB813, SB822, SB860, SB882, SB896, SB910, SB953, SB992, SB1047, SB1057, SB1154, SB1187, SB1208, SB1248, SB1295, SB1311, SB1352, SB1410, SB1414, SB1578, SB1598, SB1660, SB1667, SB1668, SB1669, SB1687, SB1692, SB1719, SB1765, SB1831, SCR57. HR 2094 (By Allen), Congratulating Marivel Holguin on her 2011 graduation from the Texas School for the Deaf. To Rules and Resolutions. HR 2095 (By Perry), Commemorating the 100th anniversary of the founding of Slaton. To Rules and Resolutions. HR 2096 (By Reynolds), Honoring city council member Don Smith of Missouri City for his public service. To Rules and Resolutions. HR 2097 (By Reynolds), Honoring city council member Jerry Wyatt of Missouri City for his public service. To Rules and Resolutions. HR 2098 (By Reynolds), Honoring city council member Robin Elackatt of Missouri City for his public service. To Rules and Resolutions. HR 2099 (By Reynolds), Honoring city council member Bobby Marshall of Missouri City for his public service. To Rules and Resolutions. HR 2100 (By Reynolds), Honoring Mayor Allen Owen of Missouri City for his public service. To Rules and Resolutions. HR 2101 (By Reynolds), Honoring city council member Danny Nguyen of Missouri City for his public service. To Rules and Resolutions. HR 2102 (By Reynolds), Honoring Mayor Joe M. Gurecky for his many years of service to the citizens of Rosenberg. To Rules and Resolutions. HR 2103 (By Reynolds), Honoring Mayor Hilmar Moore of Richmond for his public service. To Rules and Resolutions. HR 2104 (By Carter), Honoring Dallas attorney Starlett Carter for her pro bono service. To Rules and Resolutions. HR 2105 (By Carter), Commending U.S. Army Private Heather Row for her desire to serve her country. To Rules and Resolutions. HR 2106 (By Carter), Congratulating Lanet Greenhaw of Richardson on her new position as director of education for the Dallas Regional Chamber. To Rules and Resolutions. HR 2107 (By Carter), Commending Linda Jaresh for serving as a campaign volunteer for the 2010 House District 102 election. To Rules and Resolutions. HR 2108 (By Dutton), In memory of Charles Edward Cheeks, Sr., of Houston. To Rules and Resolutions. HR 2109 (By Anchia), Honoring Edgar Morales for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2110 (By Anchia), Congratulating Roy R. Barrera, Sr., on the 60th anniversary of his State Bar of Texas licensure and his six decades as a practicing lawyer. To Rules and Resolutions. HR 2111 (By Gutierrez), Honoring Jorge L. Reyes of El Paso for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2112 (By Harper-Brown), Congratulating the City of Irving on its receipt of a 2011 Texas Award for Performance Excellence from the Quality Texas Foundation. To Rules and Resolutions. HR 2113 (By Paxton), Congratulating the McKinney Police Department 9-1-1 dispatchers on their receipt of the 2011 Team 9-1-1 Award of Merit. To Rules and Resolutions. HR 2114 (By Margo), Congratulating Maddison Kahner Dowdy, Alejandro Marquez, Mariana Villanueva, Natalie Felsen, and Katherine Nielson from Franklin High School in El Paso for placing first in the Stock Market Game Legislative Challenge, sponsored by the Texas Council on Economic Education. To Rules and Resolutions. HR 2115 (By Hopson), In memory of James Edgar Brown of Jacksonville. To Rules and Resolutions. HR 2116 (By Peña), In memory of Jaime J. "Bino" Zapata of Edinburg. To Rules and Resolutions. HR 2118 (By Workman), Congratulating J. O. and Nancy Duncan on their 60th wedding anniversary. To Rules and Resolutions. HR 2119 (By Geren), In memory of Colonel Philip J. Kuhl. To Rules and Resolutions. HR 2121 (By Reynolds), Honoring Joel F. Fitzgerald, Sr., for his service as chief of police in Missouri City. To Rules and Resolutions. HR 2122 (By Strama), Congratulating the Concordia University baseball team on winning the 2011 American Southwest Conference championship. To Rules and Resolutions. HR 2123 (By Christian), Commending Jonathon McClellan on his service as chief of staff to State Representative Wayne Christian. To Rules and Resolutions. HR 2124 (By Christian), Commending Brady Colby for his service as an intern in the office of State Representative Wayne Christian. To Rules and Resolutions. HR 2125 (By Christian), Commending Wesley Luke Bullock on his service as legislative director for State Representative Wayne Christian. To Rules and Resolutions. HR 2126 (By Christian), Commending Travis McCormick for his service as a legislative assistant in the office of State Representative Wayne Christian. To Rules and Resolutions. HR 2127 (By Christian), Congratulating Christopher Herrington on the occasion of his retirement as a teacher at the Martin School of Choice in Nacogdoches. To Rules and Resolutions. HR 2128 (By Christian), Commending Cameron Harley for his service as an intern in the office of State Representative Wayne Christian. To Rules and Resolutions. HR 2129 (By Christian), Honoring teacher and coach Kay Butler for her service to the Buna Independent School District. To Rules and Resolutions. HR 2130 (By Christian), Commending Gabriele Nestande for her service as an administrative aide in the office of State Representative Wayne Christian. To Rules and Resolutions. HR 2131 (By Cain), Recognizing Jarrian Roberts of Clarksville on being chosen for the Texas Association of Basketball Coaches 1A Division 1 All-State Team. To Rules and Resolutions. HR 2132 (By Cain), Honoring the fifth-grade choir of Chapel Hill Elementary School in Mount Pleasant on the occasion of its 2011 performance in the Capitol Rotunda. To Rules and Resolutions. HR 2134 (By Hilderbran), Honoring Joe Herring, Jr., of Kerrville for his contributions to his community and congratulating him on the publication of his book Home: Photographs of Kerrville. To Rules and Resolutions. HR 2135 (By Rodriguez), Congratulating Matthew Curtis on being named the 2011 Austinite of the Year at the Austin Under 40 Awards sponsored by the Young Women's Alliance and Young Men's Business League. To Rules and Resolutions. HR 2136 (By Rodriguez), Honoring Valerie Lila Danielle Vera for her participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2137 (By Deshotel), Congratulating Lamar University chief of police Dale Fontenot on his retirement. To Rules and Resolutions. HR 2138 (By Truitt), Congratulating the boys' swimming and diving team of Carroll High School in Southlake on winning the UIL 5A state championship. To Rules and Resolutions. HR 2139 (By W. Smith), Congratulating the Lady Rangers water polo team of Ross S. Sterling High School in Baytown on winning the 2010-2011 TISCA state title. To Rules and Resolutions. HR 2140 (By W. Smith), Recognizing May 21 to 27, 2011, as National Safe Boating Week. To Rules and Resolutions. HR 2141 (By Dukes), Honoring Juan Carlos Garcia of Dallas for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2143 (By Darby), In memory of Hope Wilson Huffman of San Angelo. To Rules and Resolutions. HR 2144 (By Isaac), Commending Gregory R. Bentch for his service as an intern in the office of State Representative Jason Isaac. To Rules and Resolutions. HR 2145 (By Isaac), Honoring Brian C. Mitchell for his service as an intern in the office of State Representative Jason Isaac during the 82nd Legislative Session. To Rules and Resolutions. HR 2146 (By Harper-Brown), Commemorating the 25th anniversary of FigDesign in Irving. To Rules and Resolutions. HR 2147 (By Bohac), In memory of William Arnold McMinn, Jr., of Brookshire. To Rules and Resolutions. HR 2148 (By Workman), Congratulating Jacob Hume on attaining the rank of Eagle Scout. To Rules and Resolutions. HR 2149 (By Workman), Congratulating Thomas Dunn on attaining the rank of Eagle Scout. To Rules and Resolutions. HR 2150 (By Weber), In memory of Thomas Patton Alexander, Sr., of Pearland. To Rules and Resolutions. HR 2152 (By S. Miller), In memory of Michael Cook Walton of Stephenville. To Rules and Resolutions. HR 2153 (By S. Miller), In memory of Brack Barnard Jones. To Rules and Resolutions. HR 2154 (By Torres), Honoring Tristan Summers for his service in the office of State Representative Raul Torres. To Rules and Resolutions. HR 2155 (By Torres), Commending Katie Gleghorn for her service as an intern in the office of State Representative Raul Torres. To Rules and Resolutions. HR 2156 (By V. Taylor), Commending Drinda Randall for her service as district director for State Representative Van Taylor. To Rules and Resolutions. HR 2157 (By V. Taylor), Commending James Zhu for his service as an intern in the office of State Representative Van Taylor. To Rules and Resolutions. HR 2158 (By V. Taylor), Commending Rachel Pace for her service as an intern in the office of State Representative Van Taylor. To Rules and Resolutions. HR 2159 (By V. Taylor), Commending Jordan Williford for her service as a legislative aide in the office of State Representative Van Taylor. To Rules and Resolutions. HR 2160 (By V. Taylor), Commending Madeleine Bell for her service as a scheduler and legislative aide in the office of State Representative Van Taylor. To Rules and Resolutions. HR 2161 (By Torres), Honoring Chase Skjolsvik for his service in the office of State Representative Raul Torres. To Rules and Resolutions. HR 2162 (By Quintanilla), In memory of Alfonso "Poncho" Cardenas of El Paso. To Rules and Resolutions. HR 2164 (By Workman), Congratulating the Lake Travis High School boys' golf team on winning the 2011 UIL 4A state championship. To Rules and Resolutions. HR 2165 (By Workman), Congratulating Conor O'Rourke and Austin Mayo of Lake Travis High School on winning the 4A state championship in doubles tennis. To Rules and Resolutions. HR 2166 (By V. Gonzales), Honoring Katherine Mendiola of Edinburg for her participation in the 2011 Moreno/Rangel Legislative Leadership Program. To Rules and Resolutions. HR 2167 (By V. Gonzales), Recognizing April 2011 as National Foot Health Awareness Month. To Rules and Resolutions. HR 2168 (By V. Gonzales), In memory of Jaime Longoria, Jr., of Edinburg. To Rules and Resolutions. HR 2169 (By V. Gonzales), Congratulating Lupe Silva on being named the March 2011 McAllen Cancer Fighter of the Month by the American Cancer Society. To Rules and Resolutions. HR 2170 (By V. Gonzales), Commemorating the 20th anniversary of Gonzalez Elementary School in McAllen. To Rules and Resolutions. HR 2171 (By V. Gonzales), In memory of Stuart Mason Wilkinson of McAllen. To Rules and Resolutions. HR 2172 (By V. Gonzales), In memory of Grace Neuhaus Richards of McAllen. To Rules and Resolutions. HR 2173 (By V. Gonzales), In memory of Maria Teresa "Terrie" Rabago. To Rules and Resolutions. HR 2174 (By S. Miller), Congratulating State Representative Bill Callegari and his wife, Ann, on their 50th wedding anniversary. To Rules and Resolutions. HR 2175 (By Madden), In memory of former Plano mayor James Wyatt Edwards. To Rules and Resolutions. HR 2176 (By Y. Davis), Commending Nimi Noble Kemuel for his service as an intern in the office of State Representative Yvonne Davis. To Rules and Resolutions. HR 2178 (By Truitt), In memory of Clayton Eugene "Gene" Reynolds of North Richland Hills. To Rules and Resolutions. HR 2179 (By Harper-Brown), Congratulating Bethany Noel Harper on her graduation from Kaufman High School. To Rules and Resolutions. HR 2180 (By Torres), Honoring Gene Seaman for his service during the 82nd Legislative Session. To Rules and Resolutions. HR 2182 (By Madden), Congratulating Captain Kevin Hughes on his retirement from the Richardson Police Department. To Rules and Resolutions. HR 2183 (By Madden), Congratulating Assistant Chief Mike Corley on his retirement from the Richardson Police Department. To Rules and Resolutions. HR 2184 (By Madden), Congratulating Officer Diane Bartek on her retirement from the Richardson Police Department. To Rules and Resolutions. HR 2185 (By Madden), Congratulating Dan White on his retirement as a full-time officer with the Richardson Police Department. To Rules and Resolutions. HR 2186 (By Madden), Congratulating Sergeant Tommy Ellis on his retirement from the Richardson Police Department. To Rules and Resolutions. HR 2187 (By Madden), Congratulating Officer Tom Koch on being named the 2010 Rookie of the Year by the Richardson Police Department. To Rules and Resolutions. HR 2188 (By Madden), Congratulating Sergeant Ed Coleman on his retirement from the Richardson Police Department. To Rules and Resolutions. HR 2189 (By Madden), Congratulating Sergeant Steve Moore of the Richardson Police Department on being named the 2010 Officer of the Year. To Rules and Resolutions. HR 2190 (By Madden), Congratulating Officer John Corbitt on his retirement from the Richardson Police Department. To Rules and Resolutions. HR 2192 (By Craddick), Congratulating the boys' track team of Midland Christian School on winning the 2011 TAPPS 4A state championship. To Rules and Resolutions. HR 2193 (By Craddick), Commemorating the 25th anniversary of the Helen L. Greathouse Children's Center in 2011. To Rules and Resolutions. HR 2194 (By Schwertner), Congratulating the girls' track and field team of C. H. Yoe High School in Cameron on winning the UIL 2A state championship. To Rules and Resolutions. HR 2195 (By Schwertner), Congratulating the Cooke family on 100 consecutive years of ownership of the Rockdale Reporter. To Rules and Resolutions. HR 2196 (By Harper-Brown), Commending Valeria Dayer for her service as an intern in the district office of State Representative Linda Harper-Brown. To Rules and Resolutions. HR 2197 (By Harper-Brown), Congratulating Helen Bradley of the Irving Independent School District on her receipt of a 2010-2011 Outstanding Teaching of the Humanities Award. To Rules and Resolutions. HR 2198 (By Harper-Brown), Commending Katie Rebecca Bennett for her service as an administrative assistant in the office of State Representative Linda Harper-Brown. To Rules and Resolutions. HR 2199 (By Harper-Brown), Commending James W. Carter for his service as legislative director in the office of State Representative Linda Harper-Brown. To Rules and Resolutions. HR 2200 (By C. Anderson), Congratulating Tiffany Kristen Jeske and Bryan Clay Fleming of Riesel on their wedding. To Rules and Resolutions. HR 2201 (By C. Anderson), In memory of Jo Ann Darden of Waco. To Rules and Resolutions. HR 2202 (By C. Anderson), In memory of Ruby Jewel King of Robinson. To Rules and Resolutions. HR 2203 (By Flynn), Congratulating Van High School's Way Off Broadway theater company on winning the 2011 UIL Conference 3A State One-Act Play Contest. To Rules and Resolutions. HR 2204 (By Flynn), Commemorating the 75th anniversary of the Canton FFA. To Rules and Resolutions. HR 2205 (By C. Anderson), In memory of Glidden D. O'Connor, Jr., of Waco. To Rules and Resolutions. HR 2206 (By C. Anderson), In memory of Judy Letitia Bales of Waco. To Rules and Resolutions. HR 2207 (By C. Anderson), Congratulating Betty Lou and Paul D. Marable of Waco on their 65th wedding anniversary. To Rules and Resolutions. HR 2208 (By C. Anderson), In memory of Bette Pape Skinner of Waco. To Rules and Resolutions. HR 2209 (By C. Anderson), In memory of Julius Albert Backus of Waco. To Rules and Resolutions. HR 2210 (By C. Anderson), In memory of Laura Lumpkin of Waco. To Rules and Resolutions. HR 2211 (By C. Anderson), In memory of Margaret Sugg McNamara of Waco. To Rules and Resolutions. HR 2212 (By C. Anderson), In memory of Dr. Albert Ray Niederer of Woodway. To Rules and Resolutions. HR 2213 (By C. Anderson), In memory of Bob L. Corbitt of Speegleville. To Rules and Resolutions. HR 2214 (By C. Anderson), In memory of Margaret Vandever of Waco. To Rules and Resolutions. HR 2215 (By C. Anderson), In memory of Lewis Edwards Champ of Waco. To Rules and Resolutions. HR 2216 (By C. Anderson), In memory of Geraldine Howard of Waco. To Rules and Resolutions. HR 2217 (By C. Anderson), In memory of Ina Mae Allen of McGregor. To Rules and Resolutions. HR 2218 (By C. Anderson), In memory of Maria Emma Castro of Waco. To Rules and Resolutions. HR 2219 (By C. Anderson), In memory of James Edward Jones of Waco. To Rules and Resolutions. HR 2220 (By C. Anderson), In memory of Esther Hilda Schimschat of Waco. To Rules and Resolutions. HR 2221 (By C. Anderson), In memory of Martha Louise "Suzie" Hamilton of Waco. To Rules and Resolutions. HR 2222 (By C. Anderson), In memory of Mary Ann McManus of Waco. To Rules and Resolutions. HR 2223 (By C. Anderson), Congratulating Louis and Shirley Sims of Waco on their 38th wedding anniversary. To Rules and Resolutions. HR 2224 (By C. Anderson), Congratulating Wilburn and Doris Schuette of McGregor on their 50th wedding anniversary. To Rules and Resolutions. HR 2225 (By C. Anderson), In memory of Audrey Ellen Davidson of Waco. To Rules and Resolutions. HR 2226 (By C. Anderson), In memory of Ruth Marie Warren of Axtell. To Rules and Resolutions. HR 2227 (By C. Anderson), In memory of Marion Herring of Waco. To Rules and Resolutions. HR 2228 (By C. Anderson), In memory of Bob Parsons of Waco. To Rules and Resolutions. HR 2229 (By C. Anderson), In memory of Betty Jane Dalrymple of Waco. To Rules and Resolutions. HR 2230 (By C. Anderson), In memory of Sam Moses of Waco. To Rules and Resolutions. HR 2231 (By C. Anderson), In memory of Bridger Wayne Hogan of Eddy. To Rules and Resolutions. HR 2232 (By C. Anderson), In memory of Ross S. Tennison of Waco. To Rules and Resolutions. HR 2233 (By C. Anderson), In memory of Lawrence James Tanner, Jr., of Waco. To Rules and Resolutions. HR 2234 (By C. Anderson), In memory of Richard Buck Ashley of Waco. To Rules and Resolutions. HR 2235 (By C. Anderson), In memory of Professor F. Gordon A. Stone of Waco. To Rules and Resolutions. HR 2236 (By C. Anderson), In memory of Gladys Virginia Burton of Moody and Waco. To Rules and Resolutions. HR 2237 (By C. Anderson), In memory of Donald E. Harris of Lorena. To Rules and Resolutions. HR 2238 (By C. Anderson), In memory of Nora Mae Sommerfeld England of Waco. To Rules and Resolutions. HR 2239 (By C. Anderson), Congratulating A. J. and Mickey Uptmore on their 65th wedding anniversary. To Rules and Resolutions. HR 2240 (By C. Anderson), In memory of Nell Yates Helka of Waco. To Rules and Resolutions. HR 2241 (By C. Anderson), In memory of Helen Marie Brady Hunter of Waco. To Rules and Resolutions. HR 2242 (By C. Anderson), Congratulating Jake and Bettye Tucker of West on their 60th wedding anniversary. To Rules and Resolutions. HR 2243 (By C. Anderson), In memory of Norvil Lavel Flatt. To Rules and Resolutions. HR 2244 (By C. Anderson), In memory of Johnna Lynn Behringer of Waco. To Rules and Resolutions. HR 2245 (By C. Anderson), In memory of Wayne Roy Neumann. To Rules and Resolutions. HR 2246 (By C. Anderson), In memory of Benjamin Aviles of McGregor. To Rules and Resolutions. HR 2247 (By C. Anderson), In memory of Ernest E. "Gene" King of Robinson. To Rules and Resolutions. HR 2248 (By C. Anderson), In memory of Dora Kate Howell of Waco. To Rules and Resolutions. HR 2249 (By C. Anderson), In memory of Ernest "Ray" Hicks of Waco. To Rules and Resolutions. HR 2250 (By C. Anderson), In memory of Gloria St. John of Waco. To Rules and Resolutions. HR 2251 (By C. Anderson), In memory of Ida Mae Niekamp of Waco. To Rules and Resolutions. HR 2252 (By C. Anderson), In memory of Mary Ann Harold of Waco. To Rules and Resolutions. HR 2253 (By C. Anderson), In memory of Dorothy Nolan of Waco. To Rules and Resolutions. HR 2254 (By Isaac), Congratulating State Representative Paul Workman and his wife, Sherry, on the occasion of their 40th wedding anniversary. To Rules and Resolutions. HR 2255 (By Bohac), In memory of U.S. Army Specialist Andrew J. Roughton of Houston. To Rules and Resolutions. HR 2256 (By Woolley), Congratulating David and Caroline Pierce of Houston on their 50th wedding anniversary. To Rules and Resolutions. HR 2257 (By Alvarado), Honoring Drayton McLane, Jr., on his successful tenure as the owner of the Houston Astros. To Rules and Resolutions. HR 2258 (By Sheffield), Congratulating D. L. and Aggie Shannon of Temple on their 70th wedding anniversary. To Rules and Resolutions. HR 2259 (By Sheffield), Congratulating Robert and Kathy Ranly of Temple on their 50th wedding anniversary. To Rules and Resolutions. HR 2260 (By Sheffield), Congratulating Felipe and Corina Martinez of Temple on their 55th wedding anniversary. To Rules and Resolutions. HR 2261 (By Marquez), Honoring the Good Luck Cafe in El Paso and recognizing its owners, the Puentes family, for more than 50 years in the restaurant business. To Rules and Resolutions. HR 2262 (By Marquez), In memory of Carlos Marquez, Sr., of El Paso. To Rules and Resolutions. HR 2263 (By Marquez), In memory of Cesar Marquez of El Paso. To Rules and Resolutions. HR 2264 (By Marquez), In memory of Daisy Marquez-Starr of El Paso. To Rules and Resolutions. HR 2265 (By Marquez), Congratulating the boys' track and field team from Chapin High School in El Paso on winning the District 1-4A championship. To Rules and Resolutions. HR 2266 (By Marquez), Honoring the Braden Aboud Memorial Foundation. To Rules and Resolutions. HR 2267 (By Marquez), Congratulating the Mithoff Burton Partners advertising firm in El Paso on its 80th anniversary. To Rules and Resolutions. HR 2268 (By Marquez), Honoring the life of Rosa Macias Van Sweringen of El Paso and recognizing her bequest to the Bowie Alumni Association. To Rules and Resolutions. HR 2269 (By Marquez), Honoring the El Paso County Sheriff's Office Special Operations Bureau for its contributions to area public safety. To Rules and Resolutions. HR 2270 (By Frullo), Congratulating the Texas Home School Coalition on the 25th anniversary of its founding. To Rules and Resolutions. HR 2271 (By Frullo), Congratulating Art and Nancy Howard of Lubbock on their 60th wedding anniversary. To Rules and Resolutions. HR 2272 (By Hilderbran), In memory of Rodney Dean Castleberry of Luling. To Rules and Resolutions. HR 2273 (By Isaac), Commending Laura Campos for her service as an intern in the office of State Representative Jason Isaac. To Rules and Resolutions. HR 2274 (By Anchia), Commemorating the groundbreaking for the Adelfa Botello Callejo Elementary School in Dallas. To Rules and Resolutions. HR 2275 (By Strama), Congratulating Cynthia Diaz de Leon on being named the 2010-2011 Teacher of the Year at Union Hill Elementary School in Round Rock. To Rules and Resolutions. HR 2276 (By L. Gonzales), Honoring the buddies and volunteers of the Miracle League of Austin. To Rules and Resolutions. HR 2278 (By Coleman), Recognizing the Texas Legislative Internship Program and congratulating its alumni and all those who have contributed to the program's success. To Rules and Resolutions. HR 2279 (By Martinez Fischer), Congratulating the Harlandale Independent School District on its receipt of the 2011 H-E-B Excellence in Education Award for large districts. To Rules and Resolutions. HR 2280 (By Gooden), Honoring Richard E. Dwelle of Athens for his service to this country and to the Lone Star State. To Rules and Resolutions. HR 2281 (By Gooden), Honoring Major General (Ret.) Paul E. Landers, Jr., for his service to the United States. To Rules and Resolutions. HR 2282 (By Gooden), In memory of Charles Benjamin Stiff of Gun Barrel City. To Rules and Resolutions. HR 2283 (By Gooden), Honoring John Trischitti III for his service as the assistant director of the Riter C. Hulsey Public Library in Terrell. To Rules and Resolutions. HR 2284 (By Gooden), Honoring George Robert Ludwig for his heroism during the Vietnam War. To Rules and Resolutions. HR 2285 (By Gooden), Congratulating Connor Oakley of Terrell on attaining the rank of Eagle Scout. To Rules and Resolutions. HR 2286 (By Madden), Honoring Dixie Clem for her service to the Collin County Republican Party. To Rules and Resolutions. HR 2287 (By Y. Davis), Commending Shalette N. Mitchell for her service as a legislative intern in the office of State Representative Yvonne Davis. To Rules and Resolutions. HR 2288 (By C. Anderson), In memory of Roy E. Kokel of Waco. To Rules and Resolutions. HR 2289 (By Torres), Commending Evan Grady Stewart for his service as a staff member in the office of State Representative Raul Torres. To Rules and Resolutions. HR 2290 (By Lewis), In memory of U.S. Army Sergeant John Paul Castro. To Rules and Resolutions. HR 2291 (By V. Taylor), Commending Thomas Fulton for his service as an intern in the office of State Representative Van Taylor. To Rules and Resolutions. HR 2292 (By Zedler), Congratulating Carol Daley of Arlington on her selection as America's Most Deserving Mom. To Rules and Resolutions. HR 2294 (By McClendon), Honoring the 2011 Class of UTSA Legislative Scholars. To Rules and Resolutions. HR 2295 (By Dukes), Honoring State Representative Ruth Jones McClendon for her work in developing the McClendon Legislative Scholars Program. To Rules and Resolutions. HR 2296 (By D. Howard), Congratulating Janet Espinosa of Westlake High School on her selection as the 2011 Eanes Independent School District Teacher of the Year. To Rules and Resolutions.
(The House stands adjourned).
