SPEAKER OF THE HOUSE: Have all registered? Have all Members registered? The quorum is present. The House and gallery please rise for the invocation. Chair recognizes Representative Nash to introduce our Pastor of the Day.
REPRESENTATIVE NASH: Thank you, Mr. Speaker. Members, it's my pleasure to introduce Reverend Esota Velente who is an associate pastor of first united church of Arlington. This has been my home church for over 13 years. Reverend Velente received her Bachelor's degree from Southwestern University in Georgetown and her Master's of Divinity degree from Texas Christian University in Fort Worth. Reverend Esota is married to Jason Velente and they live in Hirsch with their three-year old son, Jude. Please welcome our Pastor of the Day, Reverend Esota Velente. Reverend Velente: Let us pray, Creator, God, Ruler of the Universe, in you we find the way of peace and reconciliation and hope. We give you thanks for the privilege and freedom of selecting those who govern us. I pray this morning for these Members who have been elected to the task of representing your people. Theirs is a large responsibility. The issues they face are complex and challenging. Guide them, O God, to see their decisions in the light of your purpose, illuminate for them the way of justice and compassion. Grant them insight to recognize the needs of those they represent and remove their misunderstandings that they may honor all people. In this final week of anxiety and stress sustain them and empower them to work swiftly and diligently to serve the common good as we prepare for the work of this day. We lift to you our state and its citizens. Look graciously, Oh Lord, upon this land where it is in pride. Subdue it. Where it is in need, supply it. Where it is in error, rectify it. Where it is in default, restore it. And where it holds to that which is just and compassionate, support it. Amen. Amen.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Burkett to lead us in the pledge.
REPRESENTATIVE BURKETT: Good morning Members and visitors as we pledge our flags.
(Pledges of allegiance.)
SPEAKER OF THE HOUSE: Excuse Representative Harless because of important business on the motion of Representative Deshotel. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Naishat to introduce our Doctor of the Day.
REPRESENTATIVE NAISHAT: Members, I'd like to introduce our Doctor of the Day, Dr. Elliot Trestor, and we have been friends for over 30 years. He's a family doctor here in Austin. He has done extensive volunteer work as a doctor in Nicaragua, in El Salvador with Doctors For Global Health. And I do want you to know that I would be over Dr. Trestor's house with his two girls, and they would always call me Elliott with two Ts, but their dad is Elliot with one T. That was the only way they could tell us apart. Let's show our appreciation to Dr. Elliott Trester. Thank you.
SPEAKER OF THE HOUSE: Representative Naishat moves the House suspend the approval of bills until the end of business. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Deshotel for a motion.
REPRESENTATIVE NAISHTAT: Thank you, Mr. Speaker. House Bill 1643 relates to the Texas Small Farmer and Rancher Community Based Organization dedicated to assisting historically underserved agriculture producers and saving small farms and ranchers here in Texas.
SPEAKER OF THE HOUSE: Members, is there any objection to the suspension of the rules? If not, the rules are suspended. The Chair lays out the following Resolution. The clerk will read the Resolution.
CLERK: House Bill 1643 by Deshotel whereas the Texas Small Farmers and Community Based Organization is dedicated to assisting historically agricultural producers, and to saving small farms and ranchers. And whereas in 1998 the 100 Farmers Conference was held at Langston University in Oklahoma City to unite small and underserved farmers in rural residents to communicate their needs, and begin to engage themselves in the development of public policies. Participants from Texas formed PBFCBO is a community based non-profit organization, dedicated to enhancing the rural economies, conserving and managing natural resources, preventing the further decline of family farms and improving the quality of life for minorities in rural communicates. And whereas today, PBFCBO works to develop agricultural markets, transfer and improve environmental conditions in rural Texas. Moreover, it advocates for small farmers and ranchers at local, state and national levels. It is currently partnering with the Texas/Mexico Border Coalition and the University of Texas Pan American in the South Texas America Outreach for Social Assistance For Socially Disadvantaged Farmers and Ranchers sponsored by the United States Department of Agriculture to increase participation in this program. And whereas provided a myriad of technical assistance in educational opportunities, TSFRCBO supports its clients with a wide range of activities, including visits to individual ranchers and farmers, surplus pine tree feeding, a Youth Gardening Program, career and programs for young people and workshops and estate planning, water quality and other subjects. This dynamic group broadens its services with a host of organizations. Among them the Natural Resources Conservation Service, the Texas State Technical Committee, the Farm Service Agency, the Texas Agri-Life Extent is service and FFA. And whereas guided by State Coordinator, W. Wade Ross, the Texas Community Farmers Community Organization greatly benefits rural communities across the Lone Star State through its multi-facetted program and it is indeed fitting to recognize this vital contradiction. Now, therefore be it resolved that the House of Representatives of the 82nd Texas Legislature hereby honor the Texas Small Farmers and Ranchers Community Based Organization and extend to its staff sincere best wishes for continued success. And be it further resolved that an official copy of this Resolution be prepared for this organization as an expression of its highest regard by the Texas State of Representatives.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Deshotel.
REPRESENTATIVE DESHOTEL: Mr. Speaker, I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Do I hear any objection? The Chair hears none. The Resolution is adopted. So ordered. Representative Brown moves to add all Members' names. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Deshotel.
REPRESENTATIVE DESHOTEL: Thank you, Mr. Speaker. Members, the Texas Small Farmers and Ranchers Community Based Organization was founded in 1998. The purpose of which was to unite small and underserved farmers and rural residents to communicate their needs, chart their destinies and begin to engage themselves in the developmental policy. On the dais, we have Members of that organization. We have Ike Neil from my District. Back in District 22, we have Roy Mills, and Adell Mills from Representative Christian's District. We have here at the Capitol, but not on the dais, Wade Ross and Jarvis Walkhill from Representative Brown's District. These small farms, we talk about small businesses all the time, and the part they play in the economy of the United States. Well, small farmers and ranchers play that same part in the area of agriculture and I'm proud to have them here at the Capitol today. Thank you.
REPRESENTATIVE DUKE: Members, I move we suspend all necessary rules to take up and consider HCR 153, which honors the Austin Area Urban League for its outstanding achievements.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. The rules are suspended. The Chair lays out HCR 153. The clerk will read the Resolution.
CLERK: HCR 153 by Duke. Whereas Members of the Austin Area Urban League are visiting the State Capitol on May 25, 2011, and where it's founded on August 12, 1977, the Austin Area Urban League is affiliated with the National Urban League, a civil rights organizations, that has fought discrimination for more than a century. The Urban League has contributed immeasurably to social progress, remains dedicated to the economic empowerment of historically underserved residents in urban communities. And whereas the Austin Area Urban League began operations in the basement of Westerly Methodist Church, from that humble beginning, the organization has grown dramatically to meet the needs of area residents. And whereas in decision no job readiness training, the groups work force development training provides GED courses, job search assistance and office and life skills instruction. The league works with 300 employers to help job candidates find suitable positions and it conducts after-school computer and technology classes at four different Housing Authority of Austin sites. And whereas the organization offers a first-time home buyers class, and awards those who complete it a $1,000 grant towards a down payment. Moreover, it performs hundreds of emergency and scheduled home repairs annually, free of cost to low income owners. And it partners with some 40 other entities, including, Bell, SETO and the Meadows Foundation to further its important goals. And whereas today the Austin Area Urban League remains fortunate in the continued leadership of many of its esteemed founders, including the Reverend Freddie Dixon, who is pastor of Westerly United Methodist Church in 1977, when the church became the birthplace of the Urban League in Central Texas. And honorable Harriet Murphy who was a retired municipal court judge who helped found the league in the late 1970s. Also among this number are Linda Moore-Smith, the organization's first Executive Director who went on to serve the National Urban League in New York before reprizing her role in Austin. And Carolyn Holtz-Goldsten, a long time advocate for racial justice and civil rights and a lifetime member of the organization. Continuing the tradition of excellence established by these local legends are Austin native Scotty Holman, a financial executive recipient of the 2010 Chair. And the Honorable Jeffrey K. Richards, who was elected president and Chief Executive Officer in 2005, and also serves as a trustee for the Austin Community College District. Other noteworthy founders and long-time members continue to share their wisdom and experience with the organization and inspire Members of its newest program, the AAUL professionals. And whereas unwavering in its determination to improve race relations and foster economic and social equality, the Austin Area Urban League has created a mentoring legacy. And its efforts on behalf of education, employee readiness, are greatly honoring numerous people and making a lasting positive difference in the community. Now, therefore be it resolved that the 82nd Legislature of the State of Texas hereby honor the Austin Area Urban League for its outstanding achievements and extend to its Members sincere best wishes for its continued success. And be it resolved that an official copy of this Resolution be prepared for the organization as an expression of high regard by the Texas House of Representatives and Senate.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Naishat.
REPRESENTATIVE NAISHAT: I move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Representative Howard of Travis and Representative Rodriguez moves that all Members' names be added. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Naishat.
REPRESENTATIVE NAISHAT: Members, regrettably, Representative Donna Dukes was unable to be with us this morning. She asked me to fill in. I do want to introduce you to the distinguished individuals who are standing behind me on the dais. The Reverend Freddie Dixon, who was Pastor of the Westerly United Methodist Church in 1977, the physical and spiritual birth place of the Urban League in Central Texas. The honorable Harriet Murphy who helped found the organization in the 1970s, as a young attorney, now a retired municipal judge. Ms. Linda Moore-Smith who was the organization's first Executive Director later went on to serve with the National Urban League in New York before reprizing the Executive Director's role a second time in Austin. My friend, Ms. Carolyn Holt-Goldsten, a long time advocate for racial justice and civil rights and a lifetime member of the Austin Area Urban League. Mr. Scotty Holman a native Austinite and finance executive who serves as the 2010-11 Chair of the Board of the Austin Area Urban League. And the Honorable Jeffrey K. Richard, who was elected as President and CEO of the Austin Area Urban League in 2005 and who also served Central Texas as an At-Large Central Trustee for the Austin Community College District. In the gallery, the east gallery, there's a contingent of other founding legends, current board Members, lifetime Members, past board Chairs and officers. And to ensure the empowerment legacy there's representation from the newest program of the Urban League, the Austin Area Urban League Young Professionals. Let's show all of these individuals our sincere appreciation for their work and for being with us in their Capitol. Thank you.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Miller of Erath for a motion.
REPRESENTATIVE MILLER: Mr. Speaker, Members, I move to spend suspend all necessary rules to bring up House Resolution 2424 in light of my good friend Eddie Edmunds.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. The rules are suspended. So ordered. The Chair lays out the following Resolution. The clerk will read the Resolution.
CLERK: Here 2424 by Miller of Erath. Whereas Eddie B. Edmondson of Austin is retiring as president of the Texas Nursery & Landscaping Association on May 31, 2011, drawing to a close a notable career with TNLA that expands nearly four decades. And whereas after earning his Bachelor's degree in Agriculture from Texas A&M University, Mr. Edmunds worked in Marketing and Regulatory Divisions of the Texas Department of Agriculture. In 1974 he became supervisor of the Texas Nursing Professional and Texas Master of Professional Services at TNLA. His responsibilities included helping to manage the Annual Nursery Landscape Expo. And whereas Mr. Edmondson was appointed president of TNLA in 1990, and during his exemplary tenure in that role the association has thrived and prospered. He led efforts to establish the TNLA'S organization, serving the company as vice-president from 1992 to 2011, and he has overseen the growth of TNLA'S Annual Expo to include more than 1,000 vendor booths and over 7,000 attendees. And whereas in his capacity as TNLA president, he as served on the Nursery & Floral Advisory Council of the Texas Department of Agriculture, the Texas Tech University and Floral Advisory Committee, and the Texas A&M University Fire, Research and Management Advisory Committee. And whereas this outstanding professional has been recognized with TNLA'S highest honor, the ARC Award, and he is also the recipient of the Distinguished Executive Award, and he put himself into the Executive and the Professional Organization Award from the Professional Agricultural Workers of Texas Agricultural Association. And whereas Mr. Edmondson has further distinguished himself as the President of the Nursery & Landscape Association of America, and as Chair of the Texas Society of Association Executives. He is the member of the American Society of associate executives and a founding member of the Austin Chapter of the International Association of Executives. And whereas throughout his career, Mr. Edmondson has enjoyed the love and support of his wife, Gayle Pickering, and his children, Coreen and Colleen. And whereas Eddie Edmondson's dedication, vision and commitment to excellence has greatly benefitted the nursing and landscaping industry in Texas and he may indeed reflect with pride on his achievement as he embarks into the next exciting chapter of his life. Now therefore be it resolved that the House of Representatives of the 82nd Texas Legislature hereby congratulate Eddie B. Edmondson on his retirement as President of the Texas Landscape & Nursery Association and extends to him sincere best wishes for continued happiness. And be it further resolved that an official copy be prepared for Mr. Edmondson by the Texas House of Representatives. The Chair recognizes Representative Miller.
REPRESENTATIVE MILLER: Mr. Speaker and Members, down in front and I'm sure you'll want to come by and congratulate me. To my right is Eddie Edmondson who'll be retiring from the Texas Nursery & Landscaping Association at the end of this month. Our good friend, James Pressno, became legal counsel for the Nursery Association and consultant on legislative issues, and Eddie's beautiful wife Gayle Pickering. Eddie, it's an honor to recognize you this morning. Eddie has been leading our industry for, I don't know, two or three decades, ever since I have been in the business, and he's very well respected. Not only across the state, but across the nation as one of the leaders in the horticultural industry heading up our association. The horticultural industry, for those of you who do not know, is the third leading income, agriculture producing crop, only behind cattle and cotton. So it's a major industry in Texas and, Eddie, we'd just like to thank you for your service to our industry and to our state and just God bless you in your retirement. Thank you. Thank you, Members.
SPEAKER OF THE HOUSE: Representative Hardcastle moves to add all Members' names to the Resolution. Is there any objection? The Chair hears none. So ordered.
REPRESENTATIVE RODRIGUEZ: Members, I'd like to call the Travis County delegation up here, if I could. Mr. Speaker, Members, I move to suspend all necessary rules to take up and consider House Resolution 2135 and I would like the Resolution to be read in full.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The following Resolution. The clerk will read the Resolution.
CLERK: House Resolution 2135 by Rodriguez. Whereas Matthew Curtis was named the 2011 Austinite of the year at the Austin Under 40 Awards on February 26, 2011. And whereas the awards are sponsored by Austin's Young Women's Alliance & Young Men's Business League to pay tribute to emerging leaders who excel in their professions and to exhibit a solid commitment to community service. Mr. Curtis was the Award winner in the category of Government Public Affairs. And whereas currently the communications director for Austin Mayor, Lee Leffingwall. Matt first came into political action as a young boy when he distributed flyers door-to-door in his hometown of Bingham, New York. His family moved to Round Rock when he was nine and he attended the University of North Texas, and then worked as a consultant on campaigns from 1996 to 2003, while he was employed as a media and film publicist. He was a special assistance to Austin's previous mayor, Will Wynne, from 2004 to 2006, and served as an Assistant Director of business and community development at CAP Metro. And whereas Mr. Curtis has contributed greatly to the decommissioning of the Green Water Treatment Plan, the commitment of Cesar Chavez Street to a two-way boulevard, and the City's efforts to bring a Hurricane Katrina relief effort. Known as a problem solver, he works on Mayor Leffingwall's Economic Development and Public Works. And he is the point of contact for the music, film and interactive industries. Additionally, he represented the mayor during Austin's successful efforts to recruit Facebook. And whereas this public spirited citizen is the member of the board of Students of the World, has served on the boards of Meals-On-Wheels and more, Austin Pets Alive and the Heritage Society of Austin. And has been active in publicity and fund-raising efforts of Big Brothers & Big Sisters of Central Texas, the Rain for Pest Project and Art Alliance Austin to name just a few. And whereas Texas communities benefit immeasurably from the dedication of committed individuals like Matt Curtis who has worked tirelessly in service to others and he indeed merits special recognition for his achievements. Now, therefore be it resolved that the Texas 82nd legislation hereby congratulate Matthew Curtis on being named the 2011 Austinite of the year. And be it further resolved that an official copy of this resolution be prepared for Mr. Curtis as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Matt has worked tirelessly for many years to make Austin the great city that it is today. We're honoring Matt today on being named Austinite of the Year this year at Austin Under 40 Awards. Matt currently serves as Communication Director for Austin mayor Leffingwell. He dedicates his time to the city and working for non-profits to the simple goal of making Austin a great place for those who live and for those who visit here. As you have heard in the Resolution, Matt has spear headed many local successes, such as the recruitment of Facebook's headquarters here in Austin, the conversion of Cesar Chavez Street into a two-way boulevard, and he also led efforts for the City of Austin to provide vital services to evacuees in the wake of Hurricane Katrina. He's also the City's point contact for the music and film industry and plays an integral role in communicating our status as the live music capitol of the world. Matt also serves on many boards as you've heard, including Big Brothers, Big Sister, Heritage Society. Students of the World, to name a few. And it is my honor, also, to recognize Matt's parents here, John and Margaret Curtis. If you would stand, as well as his girlfriend Adrien. If you all would stand, please. Help me recognize them and to congratulate Matt Curtis. Thank you.
REPRESENTATIVE STRAMA: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Strama, for what purpose?
REPRESENTATIVE STRAMA: Will the gentleman yield for a few minutes of friendly debate about this Resolution?
SPEAKER OF THE HOUSE: Do you yield, Mr. Rodriguez?
REPRESENTATIVE RODRIGUEZ: I'll be happy to yield.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE STRAMA: Mr. Rodriguez, I listened closely to the terms and conditions of this Resolution. I have to say I'm not sure I believed a word of it. But the thing I am most skeptical of, on top of all that horse manure about all the great things he's done for the City of Austin and all that, is that Matt Curtis is under 40. Is that true?
REPRESENTATIVE RODRIGUEZ: That was the one thing, Representative Strama, I was going to say. I was going to say I'm not sure I believe that either so it's in the Resolution. So it must be true.
REPRESENTATIVE STRAMA: Matt, welcome to the Texas Capitol and we're glad to have you. Thank you for all you do to for our city.
REPRESENTATIVE RODRIGUEZ: Move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. Representative Workman moves to add all Members' names. Is there any objection? The Chair hears none. So ordered. Notice of introduction of Privileged Resolution pursuant to House Rule 13, Section 9, the Chair announces the introduction of House Resolution 2406 suspending the limitation on the conferees for Senate Bill 321. The Chair recognizes Representative Brown for a motion.
REPRESENTATIVE BROWN: Thank you, Mr. Speaker. Members. I'd like to suspend all necessary rules and take up consider House Resolution 2163.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The following Resolution. The clerk will read the Resolution.
CLERK: House Resolution 2163 by Brown, whereas the 40th Anniversary of the Texas C Grant College Program is taking place in September 2011 and whereas it's creates the National College and C Grant Program Account. Texas C Grant was one of four initiatives of its kind to be established in the nation. Beginning operating in 1971, the program is located at Texas A&M University and it works to enlist the academic research community as well as engage the coastal community and provide marine education to people of all ages. And whereas the program has awarded more than $50 million in competitive grants over the course of its history, and these funds have allowed the state's best marine researchers to address critical issues, such as coastal erosion, agriculture and coastal hazards. Its efforts to harbor the state's businesses, the program has pioneered many important projects, including the implementation of
(inaudible) with its help to protect this endangered species. In addition, Texas C Grant has served as a catalyst on a program marine issues by bringing together diverse groups to solve shared problems. Moreover, one of its most successful outreach initiatives has been the Adopt a Beach Clean-Up Event. And whereas the exceptional work that has been made possible through the Texas C Grant College Program, and the Texas Foster the wide use and conservation to ensure that the Texas coast will remain a valuable resource for future generations. Now, therefore be it resolved that the House of Representatives hereby commemorate and commend all those affiliated with the organization for their dedicated service. And be it further resolved that an official copy of this Resolution be prepared for the program as an expression of high regard by the Texas House of Representatives.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Brown.
REPRESENTATIVE BROWN: Thank you, Mr. Speaker. Members. You know, when we think about Texas A&M University system, we talk about the six campuses we have statewide. The 85,000 plus students that we serve. We talk about the agricultural extent of Texas A&M and how it touches every county in Texas and every farmer and rancher in Texas. We talk about the experimentation that makes life on our highways so much better and safer for all of us. But I didn't know this until Chris gave me this that said Texas A&M University was the first in the world to hold the triple distinction of being a Land Grant, Space Grant, and C Grant University. And it's in that vain today that we want to recognize the Texas C Grant College Program on their 40th Anniversary, and today we've got on the dais, we have Mr. Jim Heiney, the communications coordinator. We have the Texas C Grant Director. Dr. Robert stick any. And then we have Logan Rift, the associate director and Texas C Grant extensive leader. Please help with welcome them on their 40th Anniversary.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. The Resolution is adopted. Representative Branch moves to add all Members' names honoring Texas A&M University. Is there any objection? The Chair hears none. So ordered. The Chair recognizes the House Resolution 1955.
REPRESENTATIVE BROWN: Mr. Speaker and Members, I move to suspend all necessary rules to take up and consider House Resolution 1955. It's a Resolution concerning the sand dune lizard in West Texas.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there my objection? The Chair hears none. So ordered. Members, the following Resolution. The clerk will read the Resolution.
CLERK: House Resolution 1955 by Chisum. Whereas the United States Fish & Wildlife Service has proposed granting endangered species to the sand dune lizard. That would have a negative impact on the Lone Star State. And whereas the business climate in Texas has been consistently ranked as the nation's best, and the oil and gas sector is crucial to its continued vitality, Texas is the nation's leading producer of oil and natural gas. It holds percent of the nations natural gas reserve and almost a quarter of its oil reserve. The oil and gas industry contributes $30,000 annually to the Texas economy and employs more than 300 and 15,000 Texans at some of the highest salaries in the state. And whereas despite its resilience, the Texas economy has not been immune to the economic recession. There have been significant job losses over the past two years and recently high gas prices have posed new challenges. The fish and wildlife failed to take these two statuses into account with the sand dune lizard in southeastern and adjacent oil producing areas of West Texas. And whereas in addition, the services failed to consider that approximately 75,000 acres identified as habitat for the lizard are owned and managed by the University of Texas for the benefit of higher education. University officials have estimated that listing the production of 37 million barrels of oil equivalent annually. And whereas the Texas Legislature and the Texas Fisheries and Wildlife industries have.
SPEAKER OF THE HOUSE: Members, Representative Chisum moves to add all Members' names. Is there an objection? The Chair hears none. So ordered. Members, we're a couple minutes' away from doing Local & Consent. The Chair recognizes Representative Dutton.
REPRESENTATIVE DUTTON: Move to suspend all necessary rules and the unnecessary rules to take up and consider House Resolution 2423 and 2432, which honors two people on their graduation from High School in my District.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The clerk will read the Resolution.
CLERK: House Resolution 2432 by Dutton congratulating Terena Teshell Cloud on her graduation from Klein Collins High School. House Resolution 2423 by Dutton congratulating the conferees of the 2011 KEW Learning Academy Profiles at the prominent awards banquet.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Dutton.
REPRESENTATIVE DUTTON: I move adoption of the Resolution.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Guillen. Members, Representative Dutton moves to add all Members' names. Is there any objection? The Chair hears none. So ordered. The Chair recognizes Representative Guillen for a motion.
REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker. Members. I move to suspend all necessary rules, take up and consider HGR 166 commemorating the 10th Anniversary of the death of John Austin Pena and the naming of the John Austin Pena Memorial Center in Edenberg.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The clerk will read the Resolution.
CLERK: HB 166 by Guillen commemorating the 10th Anniversary of the death of John Austin Pena and the naming of the John Austin Pena Memorial Center in Edenberg.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.
REPRESENTATIVE GUILLEN: Move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Representative Otto. The Chair recognizes Otto.
REPRESENTATIVE BONNEN: Members, this is Mr. Otto's Resolution, and I want to help him out. This is a big deal for all of us and I want to be here to support it.
REPRESENTATIVE OTTO: Otto. Members, I move to suspend all necessary rules in order to take up House Concurrent Resolution No. 167.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The clerk will read the Resolution.
CLERK: HB 167 by Otto instructing the enrolling clerk of the House Senate instructions in number HB 233.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.
REPRESENTATIVE OTTO: Members, this is a technical correction to what I call the SOWA Bill that we passed in this chamber, which is where, if you're a protesting property owner, you can take a hearing to sole apart, if it's over $1 million. In the bill we did not change the date to add one additional year to the pilot program, and what this Resolution does is add one additional year so when we come back in 2013, we can decide whether to make this a statewide program or to let it die. I move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered.
REPRESENTATIVE KOLKHORST: I move we add to suspend and add Representative Elliott Naishat as co-sponsor to Senate Bill 716 of which involves the counsel on children and families.
SPEAKER OF THE HOUSE: Members you've heard the motion. Is there any objection? The Chair hears none. So ordered. Members on HCR 167, which was to correct an error in a House printing. We needed a record vote. Members, I'm going to ask for a record vote on HCR 167. Mr. Otto, motion to correct an error in printing. It's a record vote. The clerk will ring the bell. All Members voted? All Members voted? There being 147 ayes. 0 nays. The Resolution is adopted. The Chair announces the following in the presence of the House.
CLERK: HB 33, HB 92, House Bill 109, HB 257, HB 260, HB 268, HB 387, HB 397, HB 530, HB 592, HB 826, HB 970, HB 1010, House Bill 1169, HB 12 HB 1224, HB 1278, HB 1341, HB 1353, HB 1456, HB 1523, HB 1555, HB 1593, HB 1608, HB 1812, HB 1818, HB 1839, HB 1932, HB 1959, HB 2006, HB 2057, HB 2103, HB 2109, HB 2127, HB 21362, HB 2135, HB 21369, HB 2382, HB 2387, HB 2482, HB 2471, HB 2510, HB 2579, HB 2603, HB 2610, HB 2649, HB 2703, HB 2707, HB 2735, HB 275, 2756, HB 2789, HB 2904, HB 2911, HB 2940, HB 2971, HB 3017, HB 3199, HB 3309, HB 3314, HB 3329, HB 3337, HB 3352, HB 3391, HB 3579, HB 3615, HB 3722, HB 3808, HB 3815, HB 3821, HB 3852, HGR 42, HGR 63.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Workman.
REPRESENTATIVE WORKMAN: Madame Chairman and Members, Senate 292 which is a local bill relating to Barton Springs for conservation District has been in Local & Consent Calendar since April 7th and has not been set. Therefore in accordance with Rule 6, Section 21, I move to place Senate Bill 292 on today's Calendar.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.
REPRESENTATIVE THOMPSON: Madame Speaker and Members, I move not to place this bill on the Calendar's Committee because this Calendars Committee has considered this bill and chosen to take the right action and the right action has been taken.
SPEAKER OF THE HOUSE: Members, Representative Workman has asked to be recognized pursuant to Rule 6, Section 21 to place Senate Bill 292 on the Calendar because the bill has been in Local & Consent Calendar for over 30 days, and it has not been placed on the Calendar. The records reflect that the bill was sent to Local & Consent Calendar, and that the Local & Consent Calendar's Committee on April 29th voted not to place the bill on the Calendar. The Calendar's Committee took action within 30 days of this bill and in accordance with Rule 6, Section 20. A motion to place a bill on the Calendar pursuant to Rule 6, Section 20 is only in order if the Calendar's Committee fails to act in accordance with Rule 6, Section 20. Accordingly, the Speaker does not recognize Representative Workman for that motion. Members, we're ready to begin the consideration of a Local & Consent Calendar. Please be ready if you have a bill on this Calendar. The Chair recognizes Representative Callegari to explain Senate Bill 20.
REPRESENTATIVE CALLEGARI: Members, Senate Bill 40 allows Texas guarantee that student loan corporations to operate.
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 40? The clerk will read the bill.
CLERK: SB 40 by the function --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Callegari.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari to explain the Amendment.
REPRESENTATIVE KOLKHORST: This Amendment is a small Section of clarifying language.
SPEAKER OF THE HOUSE: Is there an objection to the adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes the Amendment. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Callegari.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari to explain the Amendment.
REPRESENTATIVE CALLEGARI: This Amendment keeps the board at 11 Members after removing the Comptroller.
SPEAKER OF THE HOUSE: Is there an objection to adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes Callegari.
REPRESENTATIVE CALLEGARI: I move adoption.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 40. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Phillips to explain Senate Bill 197.
REPRESENTATIVE PHILLIPS: This is the Senate Bill related to --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 197? The Chair hears none and lays out Senate Bill 197. The clerk will read the bill.
CLERK: Senate Bill --
SPEAKER OF THE HOUSE: We have to back up, Members. We got out of order there. Okay. Let's start with Representative Guillen to stake claim to Senate Bill 49.
REPRESENTATIVE GUILLEN: Thank you, Madame Speaker. Senate Bill 49 would require parents and teachers to require students removed from a classroom and placed in the disciplinary --
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 49? The Chair hears none and lays out Senate Bill 49. The clerk will read the bill.
CLERK: Senate Bill 49 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.
REPRESENTATIVE GUILLEN: Move passage.
SPEAKER OF THE HOUSE: Question occurs on passage to third reading of Senate Bill 49. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Phillips to explain Senate Bill 197.
REPRESENTATIVE PHILLIPS: This is the dealing with fraudulent --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 197? The Chair hears none and lays out Senate Bill 197. The clerk will read the bill.
CLERK: SB 197 relating to the --
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Phillips.
REPRESENTATIVE PHILLIPS: Thank you. This just protects the car dealership as it relates to their dealer role as a licensee see --
SPEAKER OF THE HOUSE: Is there an objection to the adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes Representative Phillips.
REPRESENTATIVE PHILLIPS: Move passage.
SPEAKER OF THE HOUSE: The question occurs -- we have another Amendment. The Amendment. The clerk will read the Amendment.
CLERK: Amendment by Phillips.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Phillips to explain the Amendment.
REPRESENTATIVE PHILLIPS: Okay. This relates to -- this is another one related to the car dealerships and their dealer role. Move passage.
SPEAKER OF THE HOUSE: Is there an objection to the consideration of the adoption of the Amendment? Chair hears none. So ordered. The Chair recognizes Representative Phillips.
REPRESENTATIVE PHILLIPS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 197. Is there on objection? The Chair hears none. So ordered. Mr. Phillips. We have another Amendment. An Amendment. The clerk will read the Amendment.
CLERK: Amendment by Phillips.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Phillips.
CLERK: The following Amendment. The clerk will read the Amendment.
REPRESENTATIVE PHILLIPS: Thank you. This is regarding a study by the Department of Public Safety.
SPEAKER OF THE HOUSE: For what purpose, Mr. Burnam?
REPRESENTATIVE BURNAM: Madame Speaker, I'd like ask the author a question or two.
SPEAKER OF THE HOUSE: Do you yield for a question, Mr. Phillips?
REPRESENTATIVE PHILLIPS: Yes.
SPEAKER OF THE HOUSE: He gentleman yields.
REPRESENTATIVE BURNAM: Is this your third Amendment on this local consent bill?
REPRESENTATIVE PHILLIPS: No.
REPRESENTATIVE BURNAM: That's what it says up there.
REPRESENTATIVE PHILLIPS: No, we adopted two, the same two twice.
REPRESENTATIVE BURNAM: I'm sorry. Say that again.
REPRESENTATIVE PHILLIPS: We adopted the same two twice.
REPRESENTATIVE BURNAM: And none of these same Amendments have the same thing to do with while we're in urban?
REPRESENTATIVE PHILLIPS: No. No three Amendments.
REPRESENTATIVE BURNAM: Thank you.
REPRESENTATIVE PHILLIPS: This related to the study with the Department of Motor Vehicles and DPS regarding inspection stations. Move passage.
SPEAKER OF THE HOUSE: The question occurs on the adoption of the Amendment. Is there an objection? The Chair hears none. So ordered.
REPRESENTATIVE PHILLIPS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of Senate Bill 197. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Harless to explain Senate Bill 244.
REPRESENTATIVE HARLESS: Madame Speaker, Members, this is a clean-up bill on TECLOSE Law Enforcement Training.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 244? The Chair hears none and calls on the adoption of Senate Bill 244. The clerk will read the bill.
CLERK: SB 244 relating to the continued education requirements.
SPEAKER OF THE HOUSE: The Chair calls on Representative Harless.
REPRESENTATIVE HARLESS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 244. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Hartnett to explain Senate Bill 286.
REPRESENTATIVE HARTNETT: Thank you, Madame Speaker, this bill calls on --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 286? The Chair hears none and lays out Senate Bill 286. The clerk will read the bill.
CLERK: SB 286 relating to the --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hartnett.
REPRESENTATIVE HARTNETT: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 286. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Anderson of McClendon to explain Senate Bill 348.
REPRESENTATIVE ANDERSON: Yes.
REPRESENTATIVE LOZANO: Madame Speaker. Senate Bill 348 is --
SPEAKER OF THE HOUSE: Mr. Lozano.
REPRESENTATIVE LOZANO: Yes, Madame Speaker. I've got some questions.
SPEAKER OF THE HOUSE: Mr. Anderson, do you yield?
REPRESENTATIVE ANDERSON: Yes.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE LOZANO: Dr. Anderson, first, I want to thank you for bringing this bill, it's essential to save children's lives today. Is it true that the Texas Medical Association, the Texas Municipal Police Association, the Texas Parent/Teacher Association and the Texas Municipal League supports your bill?
REPRESENTATIVE ANDERSON: I appreciate you bringing it up. That's very true. This is a bill that's trying to help protect youngsters from a dangerous hallucinogen out there. It's quicker than cocaine, as far as the potential of causing severe damage in the long run. Each one of our doctors on the floor of the House has endorsed the bill, also. Doctor Fortner and Dr. Shelton. And so we're trying to protect the youngsters in the State of Texas. Peer pressure is a tremendous thing, as you know, and if this drug is legal as it is now and is readily available. So we have a potent hallucinogen that's readily available and we're trying to protect these youngsters and let them know that this is a dangerous substance.
REPRESENTATIVE LOZANO: And, Dr. Anderson, this morning, one of my District Attorneys called me this morning, who's very business. He's also an Army reserve officer, who served in Iraq, and this is a priority for him to get this bill passed to save our children's lives, and I want to thank you for bringing this bill for Texas.
REPRESENTATIVE ANDERSON: Well, thank you. I sure appreciate that. And we have one Amendment.
REPRESENTATIVE LOZANO: Yes, sir.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 348? There is objections. The Chair recognizes Representative Simpson.
REPRESENTATIVE SIMPSON: Madame Speaker. I intend to speak at least ten minutes against this bill.
SPEAKER OF THE HOUSE: Members, accordingly, Senate Bill 348 is removed from the Calendar. The Chair recognizes Representative Strama to explain Senate Bill 365.
REPRESENTATIVE BURNAM: Thank you, Madame Speaker. This relates to distributed general electricity from natural gas.
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 365? The Chair hears none and lays out Senate Bill 365. The clerk will read the bill.
CLERK: SB 356 by Ogden relating to distribution of generation by electric power.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Strama.
REPRESENTATIVE BURNAM: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 365. Is there an there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Koempel to explain Senate Bill 390.
REPRESENTATIVE KOEMPEL: Madame Speaker, I move to postpone this bill to June 1, 2012.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Huberty to explain Senate Bill 391.
REPRESENTATIVE HUBERTY: Thank you Madame Speaker, Senate Bill 391 requires --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 391. The Chair hears none and lays out Senate Bill 391. The clerk will read the bill.
CLERK: SB 391 relating --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Huberty.
REPRESENTATIVE HUBERTY: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 391. Is there an objection? The Chair hears none. So ordered. Senate Bill. Senate Bill 433 is withdrawn from the Calendar. The Chair recognizes Representative Veasey to explain Senate Bill 462.
REPRESENTATIVE VEASEY: Senate Bill 4462 is a bill that will allow for persons to properly expunges where proper have been clarified --
SPEAKER OF THE HOUSE: Is there an objection to consideration of 462? The Chair hears none and lays out Senate Bill 462. The clerk will read the bill.
CLERK: Senate Bill 462 by Webster relating to the rights --
SPEAKER OF THE HOUSE: The Chair, the following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Veasey.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Veasey to explain the Amendment.
REPRESENTATIVE VEASEY: Members, this Amendment is a technical correction. In order to clarify that a misdemeanor may be expunged in the arrest does not lead to an Indictment prevented --
SPEAKER OF THE HOUSE: The question occurs on the adoption of the Amendment. Is there an objection? The Chair hears none and calls on Representative Veasey.
REPRESENTATIVE VEASEY: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 462. Is. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative McClendon for a recognition.
REPRESENTATIVE ANDERSON: Thank you, Madame Speaker, and Members. I want you to listen up because in the south gallery we have some special guests visiting the Capitol, and they are from the Charles Grandner Elementary school in San Antonio. These are the fifth graders. And they are here to -- there they are. They're here to tour the Capitol and the book museum. The principal is Ms. De la Garza, and they are chaperoned by my daughter, Meredith McClendon-Freeman. So welcome to your Capitol.
SPEAKER OF THE HOUSE: And, Students, I wanted to explain to you what we're doing. This is called our Local & Consent Calendar. That means it's gone through a Committee, either totally unopposed or is local and major to a Representatives specific District. So we move very quickly through this. This is not how we are on bigger bills that have statewide implications. Thank you, Mr. Speaker, for coming to the Capitol. Representative Harless. Call on Representative Fletcher to explain Senate Bill 475.
REPRESENTATIVE FLETCHER: Madame Speaker, Members, this is a MUD.
SPEAKER OF THE HOUSE: Is there any objection to consideration of Senate Bill 475? The Chair hears none and lays out Senate Bill 475. The clerk will read the bill.
CLERK: HB relating to the -- the Chair recognizes Representative Harless.
REPRESENTATIVE HARLESS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 475. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Alseda to explain Senate Bill 623.
REPRESENTATIVE ALSEDA: This bill relates to --
REPRESENTATIVE LEWIS: Madame Speaker.
SPEAKER OF THE HOUSE: For what purpose, Mr. Lewis?
REPRESENTATIVE LEWIS: I'd like to talk to you on this bill, please.
REPRESENTATIVE ALSEDA: I'll move to postpone, Madame Speaker.
SPEAKER OF THE HOUSE: Representative Alseda moves to postpone --
REPRESENTATIVE ALSEDA: Till the ends of the Calendar.
SPEAKER OF THE HOUSE: You've heard the motion. Is there an objection?
REPRESENTATIVE ALSEDA: Can I have it moved till the end of the Calendar, please?
SPEAKER OF THE HOUSE: Members, you've heard the motion move Senate Bill 623 to the end of the Calendar. Is there an objection? The Chair hears none. So ordered. Members, Senate Bill 631 is withdrawn from the Calendar. The Chair recognizes Representative Weber to explain Senate Bill 801.
REPRESENTATIVE WEBER: Thank you, Madam Speaker. Senate Bill 801 relates to the Sea Wall Authority in Matagorda County --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 801? The Chair hears none and lays out Senate Bill 801. The clerk will read the bill.
CLERK: SB 801 by Hagger relating --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Weber.
REPRESENTATIVE WEBER: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 801. The Chair hears none. So ordered. The Chair recognizes Representative Miller of a Erath to explain Senate Bill 841.
REPRESENTATIVE MILLER: Madame Speaker, Members, this is the officer of the Attorney General's --
SPEAKER OF THE HOUSE: Is there objection to consideration of Senate Bill 841? The Chair hears none and lays out Senate Bill 841. The clerk will read the bill.
CLERK: SB 841 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Miller.
REPRESENTATIVE MILLER: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of Senate Bill 841. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Scott to explain Senate Bill 844.
REPRESENTATIVE SCOTT: Members, this is relating to the offenses of escaped persons lawfully detained --
SPEAKER OF THE HOUSE: Representative for what purpose?
REPRESENTATIVE LEWIS: I have a couple questions of the Representative Scott on this bill.
SPEAKER OF THE HOUSE: And do you yield, Representative Scott?
REPRESENTATIVE LEWIS: I don't mean to talk ten minutes. I just have a couple questions.
REPRESENTATIVE SCOTT: Yes, I yield.
REPRESENTATIVE LEWIS: Representative Scott, this bill deals with what's called escape and. And custody from a personally lawfully detained, and as I understand what the bill presumably to do is to add lawful detention.
REPRESENTATIVE LEWIS: It's going to add lawful detention, and I looked, at the bill analysis, it looks like what it's trying to do, it's a lawful detention, meaning, where you have a temporary investigative stop, based on reasonable suspicion. It's that kind of temporary detention that it speaks to. Is that your understanding?
REPRESENTATIVE SCOTT: Yes, it is, Mr. Lewis.
REPRESENTATIVE LEWIS: Okay. I'm sorry.
REPRESENTATIVE SCOTT: To summarize in my notes here, as we discussed earlier, I believe, escape can occur only after an officer has successfully restrained or restricted a suspect. That is when the officer's grasp has amounted to an arrest. And is this that conversation we had about two words?
REPRESENTATIVE LEWIS: Right. So as I understand it, it is are where you don't have a probable cause to arrest, but you've got reasonable suspicion, you're detaining them to see if they may have committed the crime, correct?
REPRESENTATIVE SCOTT: Yes. Correct.
REPRESENTATIVE LEWIS: As I look at this, there's no change to the definition in the Penal Code of custody, however; is that correct?
REPRESENTATIVE SCOTT: This just states in the ruling, the court compares the Escape Statute to the Evading Arrest Statute. The court stated that the Escape Statute expressly requires that a person must have been in custody before he can escape, to hold otherwise but ignore the distinction.
REPRESENTATIVE LEWIS: Thank you. And custody is the defined term.
REPRESENTATIVE SCOTT: When the officer -- initiates the Penal Code, custody is the defined term. So custody is defined when you're under arrest or you're under a Court Order. So basically, this is escaping from an arrest or a Court Order, and the it going to e-mailed detention. But if you're just detained, you're not under arrest or Court Order so you're not in custody. So I don't see what this does. You can't escape from custody when you're not in custody, but do you have any words of wisdom for me on that?
REPRESENTATIVE SCOTT: No, sir.
REPRESENTATIVE LEWIS: Maybe two words?
REPRESENTATIVE SCOTT: Two words for you, yes. We discuss this at let earlier and move passage.
REPRESENTATIVE LEWIS: Move passage.
SPEAKER OF THE HOUSE: Is there objection to consideration of Senate Bill 844? The Chair hears none and lays out Senate Bill 844. The clerk will read the bill.
CLERK: Senate Bill 844 by Patrick relating to the offense of --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Scott.
REPRESENTATIVE SCOTT: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of Senate Bill 844. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Davis of Harris, John Davis of Harris to explain Senate Bill 847.
REPRESENTATIVE DAVIS: Okay. This bill amends the Health & Safety Code to allow FUHCs to be administered.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 847? The Chair hears none and lays out Senate Bill 847. The clerk will read the bill.
CLERK: Senate Bill 847 by Patrick --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis of Harris.
REPRESENTATIVE DAVIS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third read of Senate Bill 847. Is there an objection? So ordered. The question occurs on Representative Naishat to explain Senate Bill 937.
REPRESENTATIVE NAISHAT: Members, this bill concerns power restoration priorities for long term care.
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 937? The Chair hears none and lays out Senate Bill 947. The clerk will read the bill.
CLERK: Senate Bill 937 Lucio relating --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Naishat.
REPRESENTATIVE NAISHAT: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 937. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Jackson to explain Senate Bill 969.
REPRESENTATIVE KOLKHORST: Thank you, Madam Speaker. House Bill 969 creates Public Health Funding Policy Committee to determine how we're spending that money --
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 969? The Chair hears none and lays out Senate Bill 969. The clerk will read the bill.
CLERK: SB 969 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Kolkhorst.
REPRESENTATIVE KOLKHORST: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of Senate Bill 969. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Smith of Harris to explain Senate Bill 1003.
REPRESENTATIVE SMITH: Thank you Members, this allows TCEQ to have greater --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1003. The Chair hears none and lays out Senate Bill 1003. The clerk will read the bill.
CLERK: Senate Bill 1003 by Frasier.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Smith of Harris.
REPRESENTATIVE SMITH: Move passage.
REPRESENTATIVE BURNAM: Would the gentleman yield for a moment, please?
SPEAKER OF THE HOUSE: Do you yield Representative Smith?
REPRESENTATIVE SMITH: Yes.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE BURNAM: Chairman Smith, how did this get on Local Consent?
REPRESENTATIVE SMITH: It was on Local & Consent yesterday.
REPRESENTATIVE BURNAM: Well, can came through our Committee, right?
REPRESENTATIVE SMITH: Yes, it did.
REPRESENTATIVE BURNAM: It's not a very good bill.
REPRESENTATIVE SMITH: I didn't understand what you said.
REPRESENTATIVE BURNAM: It wasn't a question. Let rephrase. It was a question. Do you really think that I think that this bill is okay?
REPRESENTATIVE SMITH: I thought you thought it was okay. It left the Committee with 100 percent vote and --
REPRESENTATIVE BURNAM: Well, it's possible that it's an okay bill, but I don't think it's likely that it's an okay bill. But I have other reasons to not kill this bill that I don't like very much.
REPRESENTATIVE SMITH: Okay. I move passage.
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1003? The Chair hears none and lays out Senate Bill 1003. The clerk will read the bill.
CLERK: Senate Bill 100.
SPEAKER OF THE HOUSE: The question occurs on adoption of Senate Bill 1003. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Jackson to explain Senate Bill 1042.
REPRESENTATIVE JACKSON: This bill simply puts school contractors in the correct Section of the --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1042? The Chair hears none and lays out Senate Bill 1042. The clerk will read the bill.
CLERK: Senate Bill 1042 by Hagger relating to --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Jackson.
REPRESENTATIVE JACKSON: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of Senate Bill 1042. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Madden to explain Senate Bill 1055.
REPRESENTATIVE MADDEN: Members, the bill deals with the use of funds by the Probation Department.
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1055? The Chair hears none and lays out Senate Bill 1055. The clerk will read the bill.
CLERK: SB 1055 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Madden.
REPRESENTATIVE MADDEN: I move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of the Senate Bill 1055. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative White to explain 1055.
REPRESENTATIVE WHITE: Thank you, Madam Speaker. This is a local bill that's going to transfer small acre of land from the Lufkin State School to the Angelina Nature Authority. It will save the State --
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1055, 1058? The Chair hears none and lays out Senate Bill 1055. The clerk will read the bill.
CLERK: Senate Bill 1058.
SPEAKER OF THE HOUSE: The Chair recognizes Representative White.
REPRESENTATIVE WHITE: Madame Speaker, I'd like to make a motion to add Representative Beck as a joint sponsor. On behalf of Representative Ridder, I would like to add Representative Beck as a joint sponsor on Senate Bill 1058. Okay. Thank you. Move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative White and Representative Beck.
REPRESENTATIVE WHITE: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading -- of Senate Bill 1051058. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Eissler to explain Senate Bill 1070.
REPRESENTATIVE EISSLER: Madam Speaker, Members, I've read this bill now and I intend to speak ten minutes against it.
SPEAKER OF THE HOUSE: Senate Bill 1070 is withdrawn from the Calendar. The Chair recognizes Representative Hamilton to explain Senate Bill 1170.
REPRESENTATIVE HAMILTON: Members, this is a TDLR bill that came to the regulation.
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1170? The Chair hears none and lays out Senate Bill 1170. The clerk will read the bill.
CLERK: Senate Bill 117 --
SPEAKER OF THE HOUSE: The Amendment. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Hamilton.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hamilton to explain the Amendment.
REPRESENTATIVE HAMILTON: This just clarifies some square footage of the place that the pre-approved Amendment.
SPEAKER OF THE HOUSE: The question occurs on adoption of the Amendment. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hamilton.
REPRESENTATIVE HAMILTON: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 1170. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Harless to explain Senate Bill 1200.
REPRESENTATIVE HARLESS: Madame Speaker, Members, this is a change of venue --
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1200? The Chair hears none and lays out Senate Bill 1200. The clerk will read the bill.
CLERK: Senate Bill 1200 by Patrick --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Harless.
REPRESENTATIVE HARLESS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 1200. Is there an objection? The the Chair hears none. So ordered. Members on Senate Bill 1225, five or more Members be have submitted their signature in objection. Accordingly Senate Bill 1225 is removed from the Calendar. The Chair recognizes Representative Hamilton to explain Senate Bill 1244.
REPRESENTATIVE HAMILTON: This govern the licensing regulations --
SPEAKER OF THE HOUSE: Is there objection to consideration of to consideration of Senate Bill 1244? The Chair lays out Senate Bill 1244. The clerk will read the bill.
CLERK: SB 1244 regarding to eligibility regarding --
SPEAKER OF THE HOUSE: An Amendment. The clerk will read the Amendment.
CLERK: Amendment by Hamilton.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hamilton to explain the Amendment.
REPRESENTATIVE HAMILTON: All this does is change it from subchapter to a contractor.
SPEAKER OF THE HOUSE: Is there objection to consideration for purpose?
REPRESENTATIVE VILLAREAL: To ask someone a question.
REPRESENTATIVE HAMILTON: Sure.
REPRESENTATIVE VILLAREAL: Can you explain what your Amendment does.
REPRESENTATIVE HAMILTON: All it does is a person licensed the contractor, under the subchapter. It was a chapter, and they just moved it to subchapter, and substitutes a person license the as a contractor under this chapter.
REPRESENTATIVE VILLAREAL: What's the effect of that?
REPRESENTATIVE HAMILTON: It just clears up the language in it that we put in there to identify the contractor instead of the trainees or the master contractor.
REPRESENTATIVE VILLAREAL: This really caught my eye, and so I appreciate your consideration. I don't intend to speak for ten minutes, but I do have a question.
REPRESENTATIVE HAMILTON: Would you like me to bring it down and let you look at it?
REPRESENTATIVE VILLAREAL: Sure.
REPRESENTATIVE HAMILTON: Okay. Can I postpone until the end of the Calendar?
SPEAKER OF THE HOUSE: Members, you've heard the motion. Mr. Hamilton moves to move Senate Bill 12 44 till the end of the calendar. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Scott to explain Senate Bill 1290.
REPRESENTATIVE SCOTT: Members, this is relating to the creation of the Calhoun Connie --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1290? The Chair hears none and lays out Senate Bill 1290. The clerk will read the bill.
CLERK: Senate Bill 1290 by Hagger relating to the.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Scott.
REPRESENTATIVE SCOTT: Move passage.
REPRESENTATIVE BURNAM: Madame Speaker.
SPEAKER OF THE HOUSE: For what purpose, Mr. Burnam?
REPRESENTATIVE BURNAM: May I ask a question?
SPEAKER OF THE HOUSE: Do you yield, Ms. Scott, for questions?
REPRESENTATIVE SCOTT: Yes, I do.
REPRESENTATIVE BURNAM: Ms. Scott, the bill that we were on -- that is not on the screen anymore was 1244, correct?
REPRESENTATIVE SCOTT: Yes. We're on 1290, though, right now.
REPRESENTATIVE BURNAM: Okay. Thank you.
REPRESENTATIVE SCOTT: Move passage.
SPEAKER OF THE HOUSE: Question occurs on passage to the third reading of Senate Bill 1290. Is there an objection? The Chair hears none. So ordered. The, Members, Senate Bill 1302 has been removed from the Calendar. The Chair recognizes Representative Huberty to explain Senate Bill 1383.
REPRESENTATIVE HUBERTY: Thank you, Madam Speaker, Members, Senate Bill 1388 --
SPEAKER OF THE HOUSE: Is there objection to consideration of Senate Bill 1383? The Chair hears none and lays out Senate Bill 1383. The clerk will read the bill.
CLERK: Senate Bill 1383 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Huberty.
REPRESENTATIVE HUBERTY: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1383. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Scott to explain Senate Bill 1445.
REPRESENTATIVE SCOTT: This is really together liability of volunteer healthcare.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1545? The Chair hears none and lays out Senate Bill 1545. The clerk will read the bill.
CLERK: Senate Bill, 1545 by Patrick relating to the liability.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Scott.
REPRESENTATIVE SCOTT: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1545. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Murphy to explain Senate Bill 1546.
REPRESENTATIVE MURPHY: 1546 allows for the resetting of an appraisal hearing.
SPEAKER OF THE HOUSE: An Amendment. The clerk will read the Amendment.
CLERK: SB 1546 by Patrick relating to the property tax --
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Murphy.
REPRESENTATIVE MURPHY: Yeah. This Amendment clarifies who the prevailing party is and helps people recover their attorneys' fees when they prevail with the Appraisal Review Board and it's acceptable to the author.
SPEAKER OF THE HOUSE: The Amendment. The clerk will read the Amendment.
CLERK: Amendment by Murphy.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Murphy.
REPRESENTATIVE ANDERSON: And this Amendment just corrects a drafting error. It's also acceptable.
SPEAKER OF THE HOUSE: Is there an objection to consideration of the first Amendment? The Chair hears none. So ordered. The following Amendment.
CLERK: Amendment by Villareal.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Murphy.
REPRESENTATIVE MURPHY: Really, this is the Amendment that corrects the drafting error.
SPEAKER OF THE HOUSE: Is there an objection to adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes Representative Murphy.
REPRESENTATIVE MURPHY: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1546. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Aycock to explain Senate Bill 1619.
REPRESENTATIVE AYCOCK: Thank you, Madam Speaker. 1619 allows us to keep paying for AP Courses through 2013.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1649? The Chair hears none and lays out Senate Bill 1619. The clerk will read the bill.
CLERK: SB 1619 by Duncan related to --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Aycock.
REPRESENTATIVE AYCOCK: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 1949. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Aycock to explain Senate Bill 1620.
REPRESENTATIVE AYCOCK: Thank you, Madam Speaker. This allows the use of technical courses for substitution on stem courses. And I believe there's --
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1620? The Chair hears none and lays out Senate Bill 1620. The clerk will read the bill.
CLERK: Senate Bill 1620 by Duncan.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Aycock. Amendment -- the clerk will read the Amendment.
CLERK: Amendment by Aycock.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Aycock to explain the Amendment.
REPRESENTATIVE AYCOCK: It's acceptable to the author.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection to the adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes Representative Aycock.
REPRESENTATIVE AYCOCK: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1620. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gallego to explain Senate Bill 1695.
REPRESENTATIVE GALLEGO: Thank you, Madam Speaker. House Bill 1695 (inaudible).
REPRESENTATIVE BURNAM: Would the gentleman yield?
SPEAKER OF THE HOUSE: Do you yield, Representative Gallego?
REPRESENTATIVE GALLEGO: Yes, ma'am. I'm happy to yield to Mr. Burnam.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE GALLEGO: Thank you.
REPRESENTATIVE BURNAM: Chairman Gallego, do you realize I have like ten minutes' worth of questions to ask on this bill?
REPRESENTATIVE GALLEGO: Mr. Burnam, I would tell you that the legislation would prohibit an inmate who is serving time from being illegally from patrol until they've served at least half of their sentence. And, frankly, I think that's very good public policy. A public convicted under the statute would have to serve at least two years' of prison, organized criminal activity, as you know, is pretty significant. It's certainly significant along the U.S./Mexico border, and I think frankly, that this is very, very good public policy. The other thing I'll tell you is that for a criminal found guilty of engaging in organized criminal activity involving a first degree felony, his or her conviction could be used to increase the categories of the offense and might require a 15-year minimum sentence. And so this is clearly my oscullatorial vent being set for you, Mr. Burnam, and I would give you that I think that this is very good public policy, but I can certainly see why you might disagree.
REPRESENTATIVE BURNAM: Thank you. Do we need to talk about it for some ten minutes or will you pull it down now?
REPRESENTATIVE GALLEGO: Madame Speaker, I move to withdraw Senate Bill 1695 from the Calendar.
REPRESENTATIVE BURNAM: Thank you, Mr. Chairman.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Senate Bill 1659 is to be removed from the Calendar. The Chair recognizes Representative Gallego to explain Senate Bill 1702.
REPRESENTATIVE GALLEGO: Thank you, Madam Speaker. Senate Bill 1702 --
REPRESENTATIVE DAVIS: Mr. Speaker.
SPEAKER OF THE HOUSE: For what purpose, Chairman Davis? Do you yield Representative Gallego?
REPRESENTATIVE GALLEGO: I'm happy to yield.
REPRESENTATIVE DAVIS: Chairman Gallego, did this bill come out of our Committee?
REPRESENTATIVE GALLEGO: It did.
REPRESENTATIVE DAVIS: And so we know that it's probably got some issues with it, right?
REPRESENTATIVE GALLEGO: I think we've got some good issue with it, if that's what you're asking with it.
REPRESENTATIVE DAVIS: There's some questions absolved in it?
REPRESENTATIVE GALLEGO: Ms. Davis, the bill would create a task force with the DPS, Director of the Banking Commissioner, the Credit Union Commissioner, the Securities Commissioner, the Savings and Mortgage --
REPRESENTATIVE DAVIS: Chairman Gallego, are you reading that to me, Chairman Gallego?
REPRESENTATIVE GALLEGO: I'm attempting to explain the bill. But, Ms. Davis, if you're intending to speak for ten minutes, I'm happy to withdraw the bill --
REPRESENTATIVE DAVIS: Thank you. That is my intent.
REPRESENTATIVE GALLEGO: Thank you. Mr. Speaker, I would move to withdraw Senate Bill 1702 from the Calendar.
SPEAKER OF THE HOUSE: Members, you've heard the motion to withdraw Senate Bill 1702 from the Calendar. So ordered. The Chair recognizes Representative Huberty to explain Senate Bill 1788.
REPRESENTATIVE HUBERTY: Thank you, member, this bill addresses --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1788? The Chair hears none and lays out Senate Bill 1788. The clerk will read the bill.
CLERK: Senate Bill 1788. --
SPEAKER OF THE HOUSE: An Amendment, the following Amendment the clerk will read the Amendment.
CLERK: Amendment by Huberty.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Huberty to explain the Amendment.
REPRESENTATIVE HUBERTY: Thank you, Madam Speaker. This Amendment just codifies an agreement that we have with the Commissioner of Education.
SPEAKER OF THE HOUSE: Is there an objection to adoption of the Amendment? The Chair hears none. So ordered. An Amendment. The clerk will read the Amendment.
CLERK: Amendment by Rodriguez.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez to explain the Amendment.
REPRESENTATIVE RODRIGUEZ: Thank you, Madam Speaker. This Amendment changes the age --
SPEAKER OF THE HOUSE: Is there objection to adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes Representative Huberty.
REPRESENTATIVE HUBERTY: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1788. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Miller of Erath to explain Senate Bill 1796.
REPRESENTATIVE MILLER: Madam Speaker, Members, this sets up the Texas Coordinating Council for Veterans Servicing, and I believe --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1796? The Chair hears none and lays out Senate Bill 1796. The clerk will read the bill.
CLERK: Senate Bill 1796 relating to --
SPEAKER OF THE HOUSE: An Amendment. The clerk will read the Amendment.
CLERK: Amendment by Miller of Erath.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Miller to explain the Amendment.
REPRESENTATIVE MILLER: Madame Speaker, this is Perfecting Amendment, add the comma, a semicolon and the word and also adds the State Bar of Texas.
SPEAKER OF THE HOUSE: Is there an objection to the adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes Representative Miller.
REPRESENTATIVE MILLER: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1796. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Isaac to explain Senate Bill 1877.
REPRESENTATIVE ISAAC: Thank you, Madam Speaker. The bill creates the Open Hill MUD. Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage consideration of Senate Bill 1877. Is there an objection? The Chair hears none and lays out Senate Bill 1877. The clerk will read the bill.
CLERK: Senate Bill 1877 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Isaac.
REPRESENTATIVE ISAAC: Now move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 177. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Pitts to explain Senate Bill 1899.
REPRESENTATIVE PITTS: Madame Speaker, Senate Bill 1899 simply amends existing legislation.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1899? The Chair hears none and lays out Senate Bill 1899. The clerk will read the bill.
CLERK: SB 1899 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pitts.
REPRESENTATIVE PITTS: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1899? Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Rodriguez to explain Senate Bill 1913.
REPRESENTATIVE RODRIGUEZ: Thank you, Madam Speaker. This creates --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1913? The Chair hears none and lays out Senate Bill 1913. The clerk will read the bill.
CLERK: SB 1913 by Watson --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of Senate Bill 1913. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Rodriguez to explain Senate Bill 1960.
REPRESENTATIVE RODRIGUEZ: Thank you, Madam Speaker. This creates Southeast Traffic County MUD No. 4.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1960? The Chair hears none and lays out Senate Bill 1916. The clerk will read the bill.
CLERK: SB 196 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1916. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Eiland to explain Senate Bill 1920.
REPRESENTATIVE EILAND: Senate Bill 1920 deals with the Coastal Water Authority --
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1920? The Chair hears none and lays out Senate Bill 1920. The clerk will read the bill.
CLERK: SB 1920 by Gallego --
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Eiland.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Eiland to explain the Amendment.
REPRESENTATIVE EILAND: Just make sure that there's such a state and Federal law.
SPEAKER OF THE HOUSE: Is there an objection to the adoption of the Amendment? The Chair hears none. So ordered. The Chair recognizes Representative Eiland.
REPRESENTATIVE EILAND: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1920. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Cain to explain Senate Bill 1925.
REPRESENTATIVE CAIN: Madame Speaker, Members, SB 1925 designates a portion of U.S. Highway in Lamar 21 as a certain --
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1925?
REPRESENTATIVE LARSON: Mr. Speaker, will the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Larson, for what purpose?
REPRESENTATIVE LARSON: Will the gentleman yield for a question?
SPEAKER OF THE HOUSE: Do you yield Mr. Cain?
REPRESENTATIVE CAIN: I yield for a question.
SPEAKER OF THE HOUSE: The gentleman yields for a question.
REPRESENTATIVE LARSON: Why don't you talk to us about Jay Hopkins and what he did for our country.
REPRESENTATIVE CAIN: I'd be happy to. JM Hoskins was in the United States Marine Corpse and was killed in action on August 6, 2009 in Afghanistan. He was 24, and he became the first Paris native son to make the supreme sacrifice for our country. He was a 2003 North Lamar High School graduate, and he was the third combat deployment since joining the Marine Corps, since joining graduation. Sergeant Hoskins earned a Navy Union Accomodation Medal, three Combat Ribbons, an Iraqi Combat Medal, a Navy Marine Corps Achievement Medal, a National Defense Service Medal, and a Purple Heart during his distinguished service. So this bill was filed at the request of the Marine Corps League Detachment, No. 1364 in Paris to sponsor dedicating this Memorial Highway Project in his name.
REPRESENTATIVE LARSON: I appreciate it.
SPEAKER OF THE HOUSE: Is there an objection to consideration of Senate Bill 1925? The Chair hears none and lays out House Bill 1925. The clerk will read the bill.
CLERK: SB 1925, dedicating --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Cain.
REPRESENTATIVE CAIN: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of Senate Bill 1925. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Lucio, III, to explain Senate Bill 1926.
REPRESENTATIVE LUCIO: Thank you, Madam Speaker. This relates to the Colonel Card Jr., Out-Patient Clinic.
SPEAKER OF THE HOUSE: Is there an objection to Senate Bill 1926? The Chair hears none and lays out Senate Bill 1926. The clerk will read the bill.
CLERK: Senate Bill 1926 by Lucio relating to --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lucio.
REPRESENTATIVE LUCIO: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 1936. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Raymond to explain HGR 156.
REPRESENTATIVE RAYMOND: Members, HGR 156 would allow the Historical Commission to establish a historical marker in memory of another veteran who was a decorated veteran in World War II and who gave his life for our country, President John F. Kennedy.
SPEAKER OF THE HOUSE: Is there objection to consideration of HGR 156? The Chair hears none and lays out HGR 156. The clerk will read the bill.
CLERK: HGR 156 directing the Texas Historical Commission to work with the City of Austin to honor the memory of President John F. Kennedy with an Official Texas Historical Marker at or near the site of the Austin Municipal Auditorium.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Raymond.
REPRESENTATIVE RAYMOND: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of HGR 156. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain HGR 165.
REPRESENTATIVE GUILLEN: Thank you, Madam Speaker. HGR 165 honors the 2011, 2012 Texas State Artist Appointees.
SPEAKER OF THE HOUSE: Is there an objection to consideration of HGR 165? The Chair hears none and lays out HGR 165. The clerk will read the bill.
CLERK: HGR 156 by Guillen honoring the 2011 and 2012 --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.
REPRESENTATIVE GUILLEN: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of HGR 165. Is there an objection? The Chair hears none. So ordered. Members, Senate Bill 623 has been withdrawn from the Calendar. Members, Representative Burnam moves for reconsideration of withdrawal of Senate Bill 1225 from the Calendar. Is there an objection? The Chair hears none. So ordered. There are no longer five signatures in opposition. The Chair recognizes Representative Isaac to explain Senate Bill 1225.
REPRESENTATIVE ISAAC: Thank you, Madam Speaker. This bill solves an issue of duly --
SPEAKER OF THE HOUSE: Is there objection to consideration of Senate Bill 1275? The Chair hears none and lays out 1275. The clerk will read the bill.
CLERK: SB 1275 by Hague relating to the an --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Isaac.
REPRESENTATIVE ISAAC: Move passage.
SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1275. Is there an objection? The Chair hears none. So ordered. Members, Senate Bill 1244 has been removed from the Calendar.
(House Stands at Ease).
(Roll Call).
SPEAKER OF THE HOUSE: There being 150 ayes, present, a quorum is present. The Chair recognizes Representative Sheffield to introduce some school children.
REPRESENTATIVE SHEFFIELD: Thank you, Madam Speaker. I believe they maybe already left, but we had the fourth grade class of Bartlett Elementary that was here. They were in the gallery awhile ago. Welcome. Sorry with we missed you.
SPEAKER OF THE HOUSE: Is Representative Murphy on the floor of the House? Members, we're going to back up to Senate Bill 1546, which was passed the third reading on Local & Consent. The Chair is going to recognize Representative Murphy for a motion to reconsider Senate Bill 1546. The Chair recognizes Representative Murphy.
REPRESENTATIVE MURPHY: Thank you for paying attention, Members. I'd like reconsider the vote by which 1546 was passed to third reading.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair lays out Senate Bill 1546. The clerk will read the bill.
CLERK: SB 1546 by Patrick relating to scheduling property taxes for legal fees for judicial appeals.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Murphy for a motion.
REPRESENTATIVE MURPHY: Thank you, Madam Speaker. Members. We're going to remove. This is an Amendment No. 1 from the bill, knowing there's not going to be any objection to this.
SPEAKER OF THE HOUSE: Members, you've heard the motion to withdraw Amendment No. 1 from the bill. Is there an objection? The Chair hears none. So ordered. The question occurs on passage to the third reading of Senate Bill 1546. Is there an objection? The Chair hears none. So ordered. Members, Representative Thompson asks for permission to consider passage of Senate Bill 1546 on third reading Calendar today. Is there an objection? The Chair hears none. So ordered. Representative Thompson has unanimous consent for those Members granted leave of absence on the previous legislative date. Is there an objection? The Chair hears none. So ordered. Representative Thompson moves to suspend all necessary rules to consider the Local & Consent Calendar bills on third reading. Is there an objection? The Chair hears none. So ordered. Representative Thompson asked unanimous consent to use the vote on the first record vote for all bills that require recorded votes or record votes with the understanding that a member may record a vote on my bill with the Journal Clerk. Is there an objection? The Chair hears none. So ordered. The Chair lays out Senate Bill 40. The clerk will read the bill.
CLERK: Senate Bill 40 relating to the functions of the Texas Guaranteed Student Loan Corporation.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Callegari.
REPRESENTATIVE CALLEGARI: Members, Senate Bill 40 allows the Texas Guaranteed Student Loan Corporation to allow --
SPEAKER OF THE HOUSE: The question occurs on final passage of Senate Bill 40. This is a record vote. The clerk will ring the bell. Have all voted? There being 147 ayes, no nays. Senate Bill 40 is finally passed. The Chair lays out the following bills on third reading and final passage, as well as the Final Resolution, HCR 156, HCR 155, to be passed by the record vote just recorded on Senate Bill 40. The clerk will read the bill.
CLERK: SB 49 by satisfactory regarding the School District (inaudible). SB 197 by West relating to the inspection of motor vehicles providing penalties. SB 242 by Patrick relating to the -- Attorneys' fees and other costs and guardianship. SB 365 relating to the generation of electric power. SB 391 by Patrick relating to the provision. SB 462 by West. SB 475. SB 801 by Hagger. SB 841 by Patrick and punishment for the offense of breach of computer security. SB 844 by Patrick relating to the offense of escape. SB 847. SB 937 by Lucio relating to the priorities for restoration of electronic service following a power outage. SB 1003 by Frazier. 1042 by Hagger. SB 1055. SB 1058 by Nichols.
SPEAKER OF THE HOUSE: The Chair lays out on third reading and final passage Senate Bill 1588. The clerk will read the bill.
CLERK: Senate Bill 1588 by Ogden.
SPEAKER OF THE HOUSE: The Chair lays out on third reading and final passage SB 1810.
CLERK: SB 1810.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.
REPRESENTATIVE TRUITT: Thank you, Madam Speaker. Members, this is the bill that clarifies rather than changes any existing law, and who inherits a tax and stamped IRA does not owe any taxes on that IRA. Move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 1810? If not, the question occurs on final passage on Senate Bill 1810. It's a record vote. The clerk will ring the bell. Have all voted? There being 146 ayes. 0 nays. Senate Bill 1810 has finally passed. The Chair lays out on third reading and final passage SB 407.
CLERK: SB 407 by Watson.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Craddick.
REPRESENTATIVE CRADDIC: Mr. Speaker, Members, this is a bill we passed yesterday. I move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 407? If not, the question occurs on final passage of Senate Bill 407. It's a record vote. The clerk will ring the bell. Show Representative Lucio voting aye. Have all voted? There being 147 ayes, 0 nays, Senate Bill 407 has finally passed. The Chair lays out on third reading and final passage Senate Bill 100. The clerk will read the bill.
CLERK: SB 100 by Vanderpew.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: I yield.
SPEAKER OF THE HOUSE: Mr. Burnam, for what purpose?
REPRESENTATIVE BURNAM: After he lays out his bill, I'd like to ask him a question about a very, very. Very big Amendment that was added.
REPRESENTATIVE TAYLOR: Okay. Senate Bill 100 as its amended will change Texas' election schedule to have a filing deadline in the middle of December and the runoff for primaries in the end of May. Keeping the primary date the same. It has a substantial electronic ballot request and receipt component for active duty military personnel, certainly overseas and outside their counties, Texans who are levelling overseas.
REPRESENTATIVE BURNAM: So by changing this filing deadline from the first few days of January to the middle of December, does that mean we can know who our opposition might be during the next Calendar year and we can enjoy the holidays one way or the other?
REPRESENTATIVE TAYLOR: That is one way to look at it.
REPRESENTATIVE BURNAM: I like that part of the bill.
REPRESENTATIVE TAYLOR: Okay. We've got two Amendments, one is a Perfecting Amendment.
SPEAKER OF THE HOUSE: The following Amendment. The clerk read the Amendment.
CLERK: Amendment by Pickett.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pickett.
REPRESENTATIVE PICKETT: Thank you, Mr. Speaker, Members. Last night I put on an Amendment that would help municipalities that are having those local option elections because the county may not call and may even, a May even year election. And the Secretary of State's office asked if we would just make it real clear. It's a real simple Amendment that just says that the municipalities, instead of a county, can call an election in May. So when they have their City Council election, they can also do the local option at the same time. Move passage. Move adoption.
SPEAKER OF THE HOUSE: Representative Pickett sends up an Amendment. The Amendment is acceptable to the author. Is there an objection? The Chair hears none. The Amendment is adopted. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Burkett.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Burkett.
REPRESENTATIVE BURKETT: Members, this Amendment was a bill that came from the Senate. It was about eight bills down in our list last night when the clock ran out. The Amendment deals with the timeline and public access completed ballot applications and it is acceptable to the author. Simply, the bill as a whole is a chance to close the loop hole in solid law. And requested mail ballots and it sometimes abuses that information to manipulate voters. So, basically, what it does is the Amendment corrects the problems to limiting access to until after the election day with two exceptions. The first is just to mail ballot applications with complexes that are submitted, and the second is if the ballot is corresponding to the mail ballot application has already been turned into the authority collecting the application.
SPEAKER OF THE HOUSE: Ms. Alvarado, for what purpose?
REPRESENTATIVE ALVARADO: Ms. Burkett, do you yield?
REPRESENTATIVE BURKETT: I'll be happy to yield.
REPRESENTATIVE ALVARADO: Are you saying that people will not be able to see the list of people that requested mail ballots until after the election?
REPRESENTATIVE BURKETT: Simply what this will do is originally -- let me get the information here. Currently, they are not allowed -- our records are not allowed to be released and they are already being released. So what this simply does, it closes, corrects, the loop hole in the law. Currently, it's illegal in the county to contribute a list of individuals that -- however, there's nothing to stop individuals from making an Open Records Request of all Mail Ballot Applications and giving them a list of counties that they are currently represents. So I pass.
REPRESENTATIVE ALVARADO: Thank you.
REPRESENTATIVE BURKETT: I believe it's acceptable to the author.
SPEAKER OF THE HOUSE: Representative Burkett sends up an Amendment that's acceptable to the author. Is there an objection? The Chair hears none. The Amendment's adopted. The Chair recognizes Representative Taylor.
REPRESENTATIVE TAYLOR: Move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 100? The question occurs on passage final passage of Senate Bill 100. It's a record vote. The clerk will ring the bell. Have all voted? Being 143 ayes and one nay, Senate Bill 100 is finally passed. The Chair lays out on third reading and final passage. Senate Bill 809. The clerk will read the bill.
CLERK: Senate Bill 809 relating --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Mr. Speaker, Members, this bill reconciles the conflict between the Government Code and the Labor Code as it relates to the timeframe for judicial appeals. Move passage.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 809? The question occurs on final passage of Senate Bill 809. The clerk will ring the bell. Have all voted? There being 148 ayes and 0 nays, Senate Bill 809 has finally passed. The Chair lays out on third reading and final passage Senate Bill 875. The clerk will read the bill.
CLERK: HB 875.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hancock.
REPRESENTATIVE HANCOCK: Thank you, Mr. Speaker. We have a couple Amendments to the Amendment.
SPEAKER OF THE HOUSE: The following Amendments --
REPRESENTATIVE BURNAM: Mr. Speaker, I raise a Point of Order for consideration.
(Point of Order).
SPEAKER OF THE HOUSE: The Chair lays out on third reading and final passage Senate Bill 635.
CLERK: Senate Bill 635 by --
SPEAKER OF THE HOUSE: The Chair recognizes Representative Larson.
REPRESENTATIVE LARSON: Mr. Speaker, Members, this deals with the TCEQ Executive Director dealing with interim rate changes, also dealing with the transfer of CCUs and then some clean-up on some other issues.
REPRESENTATIVE BURNAM: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Burnam, for what purpose? Mr. Larson, do you yield?
REPRESENTATIVE LARSON: Definitely.
REPRESENTATIVE BURNAM: Mr. Larson, is this the same Christmas tree we saw last night?
REPRESENTATIVE LARSON: It is.
REPRESENTATIVE BURNAM: Mr. Larson, do you recall how many Amendments were added to your bill?
REPRESENTATIVE LARSON: I believe nine or ten.
REPRESENTATIVE BURNAM: Can you recall what those nine or ten Amendments were?
REPRESENTATIVE LARSON: I believe a lot of them were concerned about taking the rate structure from the TCEQ over to the PUC. And I think that if you look at the history of how rates are dealt with, not only in this State, but across the country, the Public Utility Commissions deal with water rates along with gas rates and electric rates. So it's consistent with other states. And I think if you look at TCEQ, it's more of a regulatory agency, and they don't deal with the financial issues. So I think with the Sunset, the way this was vetted, there's a lot of positives that come out of that Amendment. And then we've got some concerns about some of the other Amendments. In fact, some folks have asked that they would come off this bill and will we'll be hearing those here in the next couple minutes.
REPRESENTATIVE BURNAM: Thank you. Do you recall about how long the original bill was?
REPRESENTATIVE LARSON: It was a fairly short. It dealt with basically along some administrative duties from the TCEQ Executive Director to deal with some of the smaller utilities, primarily the sewer companies, if they had 15 customers or less, they were exempted I can like the water companies, outside of the CCN. Also from the CCN perspective.
REPRESENTATIVE BURNAM: So was it maybe a 15 to 10 page bill?
REPRESENTATIVE LARSON: It was even maybe smaller than that.
REPRESENTATIVE BURNAM: Maybe three to five?
REPRESENTATIVE LARSON: Two to three.
REPRESENTATIVE BURNAM: The original bill was two to three pages?
REPRESENTATIVE LARSON: Right.
REPRESENTATIVE BURNAM: And about how long was the Amendment that you were just describing?
REPRESENTATIVE LARSON: I believe it was over 70 pages long.
REPRESENTATIVE BURNAM: Over 70 pages. And you do know whether or not that 70 page bill that got added to your bill actually had a hearing in my Committee?
REPRESENTATIVE LARSON: Oh, it did. It went through -- it was fully vetted through the House. It was basically a part of the Sunset recommendations and it was vetted in the House and the Senate. And so they were looking at trying to get the recommendations. If you look at the way it was vetted throughout the industry, they supported it, as well because there are some breakdowns that we have when it comes to rate structures with our water rates. So I think that there was -- there's some validity to allowing that to happen.
REPRESENTATIVE BURNAM: Do you recall if any of the other Members' Amendments, eight or nine, were also vetted with any sort of Committee process?
REPRESENTATIVE LARSON: You know, there were a few going back. Retrospectively, after last night and looking at them, there were a couple that were heard in Committee but they were not let out of Committee. That's where my concern was. They didn't have any witnesses, and then subsequent to that the Committee didn't feel like it was worth while to even have a vote on it. So those are the ones that we're going to readdress here in a few minutes.
REPRESENTATIVE BURNAM: Well, I want to thank you for being a good sport during the entire process. It's not very much fun having a person's bill become a Christmas tree.
REPRESENTATIVE LARSON: Yeah. It was a painful process.
REPRESENTATIVE ISAAC: Mr. Speaker. Isaac.
SPEAKER OF THE HOUSE: Mr. Larson.
REPRESENTATIVE ISAAC: Will the gentleman yield?
REPRESENTATIVE LARSON: Absolutely.
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE ISAAC: Mr. Larson, I notice when I was looking on your bill that it allows the Director of TCEQ to dissolve a Water District in uncontested cases. Is that accurate?
REPRESENTATIVE LARSON: In the -- are you talking about from the original bill? It dealt with CCNs, and they could be dissolved if they're uncontested.
REPRESENTATIVE ISAAC: Are there any limits as to who can contest or anything?
REPRESENTATIVE LARSON: Yes. If you've got an adjacent CCN or another utility that is basically challenging it, then this -- you would go through the normal TCEQ process. I think over the last four years we've had 20 of them that have been contested, and this is, basically, to expedite the process, administratively. If you don't have a contested CCN, then it allows them simply to turn it over, administratively. Some of these have taken up to two or three years, and it had an adverse impact on the property owners.
REPRESENTATIVE ISAAC: Thank you, very much.
SPEAKER OF THE HOUSE: Anyone wishing to speak for or against Senate Bill 635? The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by King.
SPEAKER OF THE HOUSE: The Chair recognizes Representative King.
REPRESENTATIVE KING: Thank you, Mr. Speaker. Members. This Amendment removes the second Amendment that Representative Larson put on the bill last night. That was an Amendment that had to do with the collection of drift waste and that type of thing and that the Amendment was very, very harmful to the communities that I represent and I asked him to remove it and he said that he would. Thank you. It's acceptable.
SPEAKER OF THE HOUSE: Representative King sends up an Amendment that's acceptable to the author. Is there an objection? Chair hears none the. Madame Doorkeeper.
MADAM DOORKEEPER: I have a messenger from the Door of the House.
SPEAKER OF THE HOUSE: Send in the messenger.
MESSENGER: Mr. Speaker, I'm directed by the Senate --
SPEAKER OF THE HOUSE: The following Amendment.
CLERK: Amendment by Price.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Price.
REPRESENTATIVE PRICE: Thank you, Mr. Speaker. Members, this Amendment seeks to remove Representative Dutton's Amendment that was added late last night. It allows certain discovery in rate cases for the utilities.
REPRESENTATIVE BURNAM: Mr. Speaker would the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Price, do you yield?
REPRESENTATIVE PRICE: I do.
REPRESENTATIVE BURNAM: Is this a complete repeal of the Dutton Amendment from last night?
REPRESENTATIVE PRICE: It is.
REPRESENTATIVE BURNAM: Thank you.
REPRESENTATIVE PRICE: I believe it's acceptable to the author. Move passage.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Dutton to speak against the Amendment.
REPRESENTATIVE DUTTON: Mr. Speaker and Members, thank you, Mr. Speaker. I'll be real brief. The Amendment that I put on this bill last night is an Amendment that was actually near and dear to me because let me tell you what happens in a contested case hearing. It's the only place I know where we went through a painful process here trying to develop a principal called loser pays. You but in terms of contested case hearings, even when you win, even when the rate payers win, they pay the attorneys' fees for the utilities. I just think that's wrong. That's what this Amendment does. This Amendment says look, if it's a contested case hearing, the utility will pay for their own attorneys' fees, and I just, you know, I mean, I still think that that's the way the process ought to work with. We should never let a situation occur where the utility files a notice of intent to file a rate increase, and then the rate payers challenge. And because of that challenge, they end up paying the attorneys' fees for the utility. I don't know of anyplace else in the law or any laws that this Legislature has ever passed that seems so onerous to consumers and rate payers to me. And so rate payers, I believe, need some relief. One of the best ways to give it to them is let's don't require them to pay for their own hanging because, to the extent that they have to pay the other sides' attorneys' fees, that's essentially what we're doing, Members. We're really requiring them to pay even when they believe that the intent to increase their rate ought to be challenged. And so that was the reason for the Amendment. And so I'd ask you to vote no on the adoption of this Amendment.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Price to close.
REPRESENTATIVE PRICE: Thank you, Mr. Speaker. Members, this will require 100 votes and I hope that we will get it. Although I think the goal of Representative Dutton's Amendment is a good one, the language of his Amendment was in the House bill that was heard before House Natural Resources. It was not voted out of Committee, and there were no testifying for him. And what it represents is a major cost shifting. And I believe that if we adopt that because it came onto this bill late last night, there will be many unintended consequences and I believe that it's a vote against business. So I ask that you vote against this Amendment, stripping that Amendment.
SPEAKER OF THE HOUSE: Representative Price sends up an Amendment, it's a vote on the Price Amendment. Vote aye. Vote nay. The clerk will ring the bell. Show Mr. Price voting aye. Representative Dutton voting no. Have all voted? There being 104 ayes and 43 nays, the Amendment is adopted. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Rodriguez.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.
REPRESENTATIVE RODRIGUEZ: Thank you, Mr. Speaker. This Amendment, what it basically does is adds a bittering agent to anti-freeze. This is a bill that I had that went through Public Health Committee. Passed out unanimously. What this bill, what it does, the problem is you have hundreds of kids and animals that drink anti-freeze and die. What it would do, it would allow the TCEQ to adopt rules to the implementation of that language. other states have this. It has the support of the entire anti-freeze industry. I move passage.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Larson.
REPRESENTATIVE LARSON: I'm going to let the will of the House make this decision. The reason being Senator Nichols has agreed to accept this. I this that Representative Rodriguez' motivations are good. I think that this is something that industry has accepted, so I'll let you all make that decision.
SPEAKER OF THE HOUSE: The question occurs on the adoption of the Rodriguez Amendment. Vote aye. Vote nay. The clerk will ring the bell. Have all voted? There being 133 ayes and 12 nays. The Amendment is adopted. The question occurs on final passage of Senate Bill 635. The clerk will ring the bell. It's a record vote. Have all voted? There being 125 ayes and 23 nays, Senate Bill 635 has finally passed. The Chair lays outs on third reading and final passage Senate Bill 432.
CLERK: Senate Bill 432.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Thank you, Mr. Speaker and Members. This is a bill Senator West has worked out with the builders, the consumers, the Housing Justice League, the Texas Community Association Advocates, and basically, it sets out provisions for ballots in Homeowners' Associations. And there is an Amendment.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Giddings.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Thank you, Mr. Speaker and Members. What this Amendment does is it provides that an Association's declarations, it's declatory instrument, can be amended by a two thirds or percent vote rather than a 90 percent vote, as some organizations have a conflict between their bylaws and their Constitution. So this brings those two into compliance and requires a 67 percent vote. And it is acceptable to the author.
REPRESENTATIVE CHISUM: Mr. Speaker, does the lady yield?
SPEAKER OF THE HOUSE: Ms. Giddings, do you yield?
REPRESENTATIVE GIDDINGS: Yes, I yield.
REPRESENTATIVE CHISUM: If you want to go ahead and adopt that Amendment, I don't have a problem with that. I was going to ask you about something else.
REPRESENTATIVE GIDDINGS: I move passage of the Amendments.
SPEAKER OF THE HOUSE: Representative Giddings sends up the Amendment.
REPRESENTATIVE CHISUM: Mr. Speaker.
SPEAKER OF THE HOUSE: Ms. Giddings, do you yield?
REPRESENTATIVE GIDDINGS: I yield.
REPRESENTATIVE CHISUM: Are you taking away the secret ballot from voting? Is that what this is going to be, an exposition of the way that people vote?
REPRESENTATIVE GIDDINGS: As this bill was worked out by Senator West and all of the interested parties being reported to me, the builders, the Housing Justice League, the Texas Community Associates, be advocates, they all agreed to this language, and it does provide for a written ballot.
REPRESENTATIVE CHISUM: So if you just had the ballots spread out in front of you, would you know how every person voted?
REPRESENTATIVE GIDDINGS: You could know how everybody voted under this bill.
REPRESENTATIVE CHISUM: So what this bill does is have an open ballot and not a secret ballot?
REPRESENTATIVE GIDDINGS: That's exactly right. There is going to be an Amendment which I'm going to accept. Since the Senator has worked this out, since it passed the Senate on a local and -- on their consent agenda, I'm going to accept that Amendment that in the case of an election, not these other proposals, that there will be a way to close the election of Members to this board. Does that answer your question?
REPRESENTATIVE CHISUM: Well, I guess does close mean have a secret ballot?
REPRESENTATIVE GIDDINGS: For officers, not necessarily how Members would vote on a particular measure.
REPRESENTATIVE CHISUM: Okay. So if you decide that you didn't want to put flag poles up anymore, then we would know how everybody voted? I mean, is that right?
REPRESENTATIVE GIDDINGS: If you decided what? I'm sorry.
REPRESENTATIVE CHISUM: So if it's a policy issue in front of the HOA, Homeowners Organization, then if it was a policy issue, like are we going to allow to have mailboxes next to the street, then you would know how everybody voted, right?
REPRESENTATIVE GIDDINGS: Yes. And I think that's one of the things these Homeowners' Associations are getting, too. I mean, who's voting on these measures because there's an absolute amount of abuse and fraud, and the Business & Industry Committee spent, I would say, at least a third of its time dealing with only these kind of issues in Homeowners' Associations.
REPRESENTATIVE CHISUM: Okay. And your Amendment, I guess you're going to put it on this bill that says that you're electing the Board of Directors that it would be --
REPRESENTATIVE GIDDINGS: Agreed to accept the Amendment that basically would protect the voting as it related to the officers, but I don't think that should go to the different proposals that might come before the board.
REPRESENTATIVE CHISUM: When are we going to do that?
REPRESENTATIVE GIDDINGS: As soon as you and I finish talking. I suspect that the Speaker will call for -- I know there's an additional Amendment. So I don't know which one he's going to call up first.
REPRESENTATIVE CHISUM: Thank you.
SPEAKER OF THE HOUSE: The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Otto.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.
REPRESENTATIVE OTTO: Thank you, Mr. Speaker. Members. All this Amendment says is that if you're on the ballot, then you have no right to have access to those ballots if they're signed. As someone as a former City Councilman, I do not believe anybody that's being elected to an elected position of office should have access as to how individuals voted on the people that are going into office and that's what this Amendment does, is it prohibits anybody whose name is on the ballot from having access to the signed ballots, and I believe it's acceptable to the author.
SPEAKER OF THE HOUSE: Mr. Chisum, for what purpose?
REPRESENTATIVE CHISUM: Does the gentleman yield?
REPRESENTATIVE OTTO: I yield.
REPRESENTATIVE CHISUM: So if my wife was running to be on the board, then she couldn't go look at the ballot and see who voted for her and who didn't but I could; is that right?
REPRESENTATIVE OTTO: I would assume if you were an election judge or whoever was responsible for having those ballots, you could. I just know you I don't want anybody whose name is on the ballot -- I don't know enough about who has access to sign ballots, but I know who shouldn't have access and that's the people whose names are on the ballots.
REPRESENTATIVE CHISUM: Okay. Well, I just worry about having a secret ballot and all of a sudden now, I don't know why you have a ballot if it's not secret.
REPRESENTATIVE OTTO: Well, that's partly why I brought -- my main concern about it. I understand we're trying to cut out the fraud, but I do believe in the protection of the secret ballot.
SPEAKER OF THE HOUSE: Recognize Representative Giddings.
REPRESENTATIVE GIDDINGS: The Amendment is acceptable.
SPEAKER OF THE HOUSE: Representative Otto sends up an Amendment that's acceptable to the author. Is there an objection? The Chair hears none. The Amendment's adopted.
SPEAKER OF THE HOUSE: Mr. Gonzalez, for what purpose?
REPRESENTATIVE GONZALEZ: Do you yield?
REPRESENTATIVE GIDDINGS: I will.
REPRESENTATIVE GONZALEZ: Thank you for taking the question. So now that it's been Amended that if you are on the board, you can't know who voted how. Okay. So I get that, and that's great. Thank you, Mr. Otto. What about a management company? The people who oversee the ballots? The people that I write my check to? When I write a check to my HOA, who have to approve my architectural changes? Who have to approve all the changes that I make to my HOA, someone has to know how I voted of my Board of Directors. I think John did a great thing in going halfway. I don't think he went all the way. I think there's an additional step that needs to be made. I don't think the Amendment went far away. Someone is going to know how I voted. Eventually I'm going to have to ask my HOA for something. The secret ballot means something. Does it prevent the management company from knowing how I voted or would the management company still know how I voted?
REPRESENTATIVE GIDDINGS: It doesn't prevent and I'm not the author of the Amendment that I accepted, but it is my understanding that it does not prevent the management company from -- Representative Solomons and I have worked on these Homeowners' Association issues and know the fraud and abuse that goes on for years.
REPRESENTATIVE GONZALEZ: Thank you. Representative Solomons. I totally understand that you're trying to -- the secret ballot portion is the part that I'm worried about. If you can answer any question is what I'm worried about it.
REPRESENTATIVE GIDDINGS: I think the idea that we have seen over the years of complaints of election process fraud. All of the sudden people continue to be elected when people say they didn't even vote for them is the issue. The question is whether or not you have a name or you have a name or other identification, I can tell you that at the lake where I'm at, when we do voting on our Board of Directors, we get something in the mail that basically says who do you want to vote for, and it was sent to me. And they know when I send it back, it came from me. I don't see that as inherently evil. If you have concerns, I would highly suggest that it should be either you sign it, have a name or other identifying information that is a way to confirm that it's not someone outside the group voting for a selected number. We have things that go on here where we have envelopes where we have numbers on them to try to ensure that we don't have people outside this body voting for other Members, you know, voting for Members. I think that's where she's trying to get to. I think that's where we need to be. That's probably where I would have been with Senator West yesterday in conference. But at the end of the day, that's what we sort of need to fix. I know what we're trying to do. It's trying to get to right. And to Mr. Otto's Amendment is, in part, right, and it does do that so the capped dates either can't be retribution. Your issue of maximum company can somehow secretly getting back around the back door might be an issue and would need to be addressed but in the could be text, it's hard to write, at this very moment, to get that, but I think this bill, if you're concerned about that, you ought to have some identifying mark. If you're concerned about the secret ballot, I'll have an identifying mark. But at the end of the day, it's still the fact, similar to what we do, you need to know that people outside that process not voting in that context.
REPRESENTATIVE GONZALEZ: Right. And I appreciate the premises. I appreciate the Amendment. I would love to visit with both of you.
REPRESENTATIVE GIDDINGS: A lot of voting is done electronically now by a lot of large Homeowners' Associations. They have e-mail addresses, that electronically vote. They sort of know who those people are through those e-mail addresses. There's got to be --
REPRESENTATIVE GONZALEZ: I agree with that premises. My HOA is still done by paper ballots.
REPRESENTATIVE GIDDINGS: Many are. I appreciate your concern. Everybody's concerns. That's a reason for, to make sure you don't have outside influences in the election of those board Members.
REPRESENTATIVE GONZALEZ: I understand.
SPEAKER OF THE HOUSE: Excuse Representative Chisum because of important business. The question occurs on final passage of Senate Bill 472. We're waiting for an Amendment. Amendment by Bohac. The Chair recognizes Representative Bohac.
REPRESENTATIVE BOHAC: Mr. Speaker, Members, this is the same Amendment we put on through Representative Solomons' bill yesterday. It's designed to help homeowners who have a disability. What this Amendment will do is require a Property Owners' Association to consider a person's disabilities when a violation of a restriction occurs, and I believe it is acceptable to the author.
SPEAKER OF THE HOUSE: Representative Bohac sends up an Amendment that's acceptable to the author. Is there an objection? The Chair hears none. The Amendment is adopted. The Chair recognizes Representative Giddings.
REPRESENTATIVE GIDDINGS: Thank you, Mr. Speaker. And Members. We're trying to as best we can in this body to bring some of these issues surrounding Homeowners' Association into focus and at least take some step forward. This bill is going to go to Conference Committee and is going to have to come back. So I think that Representative Otto's Amendment did move us forward and we probably do need to have some kind of identifying mark. We need to go a step further. But I ask you to please support the bill right now so that we can get it into conference and perhaps satisfy his concern. I move passage.
SPEAKER OF THE HOUSE: The question occurs on final passage of Senate Bill 472. The clerk will ring the bell. Have all voted? Show Representative Cook voting aye. Have all voted? Being 77 ayes and 68 nays, Senate Bill 472 has finally passed. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Kolkhorst.
SPEAKER OF THE HOUSE: Representative Kolkhorst to explain her Amendment.
REPRESENTATIVE KOLKHORST: Thank you, Mr. Speaker and Members. This Amendment is an Amendment that you've seen in the past. It's the Healthcare Compact. The Healthcare Compact that we passed on this floor by 102 votes. This is just as a refresher, the Healthcare Compact is asking permission from Congress that they would consolidate the funding stream for both Medicaid and Medicare and send them to us so that we could do some new and innovative types of delivery programs in our healthcare programs. We debated it quite a lot here. It had one through some committees. I'm happy to yield for any questions. It's the same thing that you've seen.
REPRESENTATIVE ZERWAS: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Zerwas, for what purpose?
REPRESENTATIVE ZERWAS: Would the Chair woman yield?
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE KOLKHORST: I do.
REPRESENTATIVE ZERWAS: Thank you, Madam Speaker, and thank you for your diligence and thank you for speaking with SB 5. Do you recall some of the work that was done in SB 497 during the last interim period that came out of the 81st Session?
REPRESENTATIVE KOLKHORST: It was a bill that you passed and it came through the Public Health Committee and it asked HFC to study what would happen if we opted out of Medicaid. And, you know, there was a point when our Governor did say that might be a possibility and I was pretty nervous about it so I pulled out your report because it came out a couple of days after that statement. And it talked about how Medicaid is that safety net program and that there would be, you know, little or no chance that we could cover the costs. With we could use innovative programs, but that saying no to the Federal Government that we don't want to do Medicaid, which of course is allowable, that you opt out of it, was not feasible, and especially in the long term care setting, was very punitive.
REPRESENTATIVE ZERWAS: So certainly in the short term, to actually opt out of the Medicaid system and surrender those dollars, you would agree that there would be enormous economic and human casualty as a result of that; is that correct?
REPRESENTATIVE KOLKHORST: Yeah. I would start with the human casualty and the lives that we would use lose, and then certainly, economically to our hospitals, to, again, our long term care facilities, and then ultimately to the care providers. We could not sustain that.
REPRESENTATIVE KOLKHORST: Then, as I recall, and I do not know if you agree with me, that something on the order of $15 billion a year would not come back to the State of Texas in order to help us fund the Medicaid Program. And so we would be left without $30 billion am a biennium in order to serve the needs of individuals who certainly have that need out there.
REPRESENTATIVE KOLKHORST: Right.
REPRESENTATIVE ZERWAS: That Texas has set it up and provided that care for.
REPRESENTATIVE KOLKHORST: Right.
REPRESENTATIVE ZERWAS: So in looking at that, then, as you look back at it, a few of the things that came out of that report, things that were probably essential to reform, really, all of the healthcare and how we deliver healthcare and how we pay for healthcare. And one of those things, as I recall, was the need to try to get the money that we have in essence, and us be able to devise and create our own indigent healthcare out there so that we could meet the needs of Texans without having to worry about meeting all the needs of the Federal Government, is that your recall on that. How we get that block grant, would you agree that it really isn't relevant whether it's given to us, like Rhode Island got a couple of years ago under the bush administration or if we got it another way or if we in fact, got it through a compact would you agree that anyway we can go about getting our fair share of the money that should come to us is a reasonable thing to do of which HB 5 and of which you're proposing to us is.
REPRESENTATIVE KOLKHORST: Yes, sir, it is and let me say respectfully to President Obama and his administration, they have been working with other states in looking at consolidated funding streams. The State Innovative Plan has been moved up from 2017 to 2014. And that is for states with the Patient Protection and Affordable Healthcare Act, if it is deemed constitutional for us to float up to them innovative ways for us to deliver which will now add, as you know, nearly 3 million to our Medicaid rules. And so in doing this, the compact is asking permission from Congress. We've had lots of those efforts. Secretary Zabillias has been in town. Has visited SETO and some of the innovative concepts that SETO and their hospital system is doing. And let me say Senate Bill 8 speaks directly to some of the integration that we see happening at SETO. And secretary Zabillias actually reached out in that interview and said I'm willing to work with Texas in any way and you I really appreciated that. And I know that there's Members in this House, certainly Chairman Coleman and others that have had a great relationship in helping us, and so we've got a long way to go, and what you're seeing in the bills that you have carried and I have carried and other Members have carried, is looking for innovative ways to dim the curve, we've heard that a whole lot. But I was looking at a statistic just yesterday where a family of four and insurance is now a little over 9,000 -- in 2002, it was $9,000 for the year, and now it's a little over 18,000. And so less than ten years it's more than doubled. So the cost of healthcare, we're looking at innovative ways, but as you as a physician know even better is how we receive the fee for service. We're looking at outcome based funding.
SPEAKER OF THE HOUSE: Representative Hunter raises the Point of Order. The gentlelady's time has expired. The Point of Order is well taken. Anyone wishing to speak for or against the Amendment? The Chair recognizes Representative Coleman to speak against the Amendment.
REPRESENTATIVE COLEMAN: Members, I'm not going to take a lot of time. We have the debate on House Resolution 5 on the floor of the House. And one of the things that I laid out is that the inflation rate that is used in the bill for the block grant is standard inflation, not medical inflation. And medical inflation is a greater inflation rate than the standard inflation. Also, more than likely, the compact itself will never become supported by the thought that it doesn't require the President of the United States to approve them. And so therefore, this bill, House Resolution 5 probably won't even be law that can be accessed. But particularly, the idea that a block grant would give us more money is just not true. Flexibility means lower costs. Flexibility means cut benefits packages. That's what flexibility means. And the idea of partnering with those other states is just not going to work. I also said then that if Chairwoman Kolkhorst was, ran Texas by herself, that I would trust that something good would happen. But that let's the future legislatures. And if you look at the record of the work on healthcare here, CHIP was cut by 800,000 kids. The medically need I programs in three was ended. In 2003, when Texas had the control of all of this, there were severe cuts to mental health and they haven't fully been restored. When Texas had control we saw a retrenchment in what we do for the people who we provide care for. And so with the compact and with total control by this State I fear that what happened in 2003 would just continue to happen, which are cuts to really good services to our folks. But we would end up with more enterprise funds. I'd be happy to yield to Dr. Zerwas.
SPEAKER OF THE HOUSE: Representative Zerwas, for what purpose?
REPRESENTATIVE ZERWAS: Mr. Speaker, would Chairman Coleman yield?
SPEAKER OF THE HOUSE: Do you yield?
REPRESENTATIVE COLEMAN: I yield.
SPEAKER OF THE HOUSE: He yields.
REPRESENTATIVE ZERWAS: Thank you Chairman Coleman. You and I have had a lot of great discussions on healthcare.
REPRESENTATIVE COLEMAN: Isn't it strange that this bill did not come to the Public Health Committee?
REPRESENTATIVE ZERWAS: I think it was a fairly innovative place where we were looking at these things. Let me touch on a couple comments that you made and that is the rate of medical inflation and the ability to keep up with that. Would you agree with me that it is the rate of medical inflation and it is part of the reason that as we look on the decade-long basis, the ability to keep up with the Medicaid Program as its currently configured becomes nearly impossible without taking money out of other? We actually funded Medicaid appropriately instead of putting off $5 billion in case loads growth or because of the cuts, it wouldn't look like the Medicaid Program was driving the short falls in the budget. We have purposely not funded Medicaid based on the need for probably the last four bienniums. So when we come into the next Session, the hole is already built into the budget that has been passed. And that makes it look like Medicaid is driving the shortfall in the budget and that's just not the case.
REPRESENTATIVE ZERWAS: But if we, in fact, looked at that, wouldn't you agree that still the rate of inflation in medical care, whether it's Medicaid or it's private healthcare insurance, far out pace he is that --
REPRESENTATIVE COLEMAN: That's why I'm saying the block grant, the way it is put together, uses regular inflation, not medical inflation, in terms of how you adjust that block grant to the different states.
REPRESENTATIVE ZERWAS: I would agree with you on that, and what I would say, I don't know if you'll agree with me on that, but that is in essence, once of the things that we need to get at?
REPRESENTATIVE COLEMAN: Yes.
REPRESENTATIVE ZERWAS: And unless we have the freedom and the ability to not corporate things that do ratchet in this rate of medical inflation, we will just continue to be --
REPRESENTATIVE COLEMAN: Wouldn't you agree with me that the approach by the Appropriations Committee was to cut the rate that we pay to providers? Is that correct? And isn't that where the medical costs is going up, not in any other place or maybe it's the cost of pharmaceuticals? We have the power to do that right now because it's the State of Texas that sets the rates to reimburse providers in Medicaid. You don't need to do a compact to do that, am I right? But am I right? Yeah, I'm right. I know I'm right.
REPRESENTATIVE ZERWAS: I know we're sharing questions back and forth here. But in this coming budget, there are no rate reductions to the provider group. There's no rate reductions to --
REPRESENTATIVE COLEMAN: I agree, we decided to use the flexibility --
REPRESENTATIVE ZERWAS: I think you're talking about 2011.
REPRESENTATIVE COLEMAN: I'm talking about 2011.
REPRESENTATIVE ZERWAS: There's no cuts to the providing networks. But in this next budget there's not.
REPRESENTATIVE COLEMAN: You didn't carry the cuts forward?
SPEAKER OF THE HOUSE: The gentleman's time has expired. A Point of Order is noted and well taken.
REPRESENTATIVE COLEMAN: Members, I just request that you vote no on this Amendment. But vote yes on our Chair.
SPEAKER OF THE HOUSE: Representative Kolkhorst to close on her Amendment.
REPRESENTATIVE KOLKHORST: Thank you, Mr. Speaker and Members. We've debated this pretty heavily. I ask for your vote in favor of this Amendment.
SPEAKER OF THE HOUSE: Mr. Castro, for what purpose?
REPRESENTATIVE CASTRO: Would the gentlelady yield?
REPRESENTATIVE KOLKHORST: You want to do it.
REPRESENTATIVE CASTRO: No problem.
SPEAKER OF THE HOUSE: Representative Kolkhorst sends up an Amendment. It is acceptable to the author. Is there an objection? There's objections. Record vote's been requested. Record vote's been granted. The clerk will ring the bell. Vote aye. Vote nay, Members. Show Representative Kolkhorst voting aye. Show Representative Coleman voting no. Representative Hunter voting aye. Have all voted? Show Representative Smith voting aye. Have all voted? There's 99 ayes. 43 nays. Two present not voting. The Amendment -- two thirds vote present. It does pass. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Howard of Travis.
SPEAKER OF THE HOUSE: Back up. Back up. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Truitt.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt to explain her Amendment.
REPRESENTATIVE TRUITT: Yes, Mr. Speaker, Members. Yesterday Mr. Miller's Amendment had an ARS and TRS reimbursing the State for the cost of the PMB study that he wants done. The problem is that this provision in his Amendment is unconditional in that the money that the my Amendment today removes this provision. Move adoption.
SPEAKER OF THE HOUSE: Representative Truitt sends up an Amendment. It is acceptable to the author. Is there any objection? The Chair hears none. The Amendment is adopted. The following Amendment. The clerk will read the Amendment.
CLERK: Amendment by Chisum.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Chisum to explain his Amendment.
REPRESENTATIVE CHISUM: Mr. Speaker and Members, the purpose of it this bill is to try to do something about getting a better outcome for the same dollar. And so there is a group that's been left out for a long time in healthcare, and that's chiropractors. Chiropractors are in almost every small town. They provide a great service and they do ad judgments and sometimes at even a smaller costs than going and getting a back operation or some big service like that. So what this does --
REPRESENTATIVE SCHWERTNER: Mr. Speaker.
REPRESENTATIVE CHISUM: It also allows you as a patient to choose a chiropractor if you're going to get an adjustment and allows the insurance company to pay for it. I believe it's acceptable to the doctors in the House.
REPRESENTATIVE SCHWERTNER: Mr. Speaker.
SPEAKER OF THE HOUSE: For what purpose?
REPRESENTATIVE ZERWAS: Does the gentleman yield?
SPEAKER OF THE HOUSE: Mr. Chisum, do you yield? REPRESENTATIVE Chisum: I do.
REPRESENTATIVE SCHWERTNER: Mr. Chisum, I was just reviewing your Amendment, and it looks like the third or fourth recreation of a bill that made it through the Senate and also made it through the House. And I just kind of want to expand on the reasons for this. You're telling me it's for treatment, for payment for chiropractors.
REPRESENTATIVE CHISUM: If they provide the treatment, yeah, it would only be fair, wouldn't you say? I mean, gee whiz.
REPRESENTATIVE SCHWERTNER: Certainly if they're within their scope of practice. I have concerns about this Amendment, speaking to and expanding the chiropractors' scope.
REPRESENTATIVE CHISUM: Yeah. I don't see where it expands their scope in here but maybe you can point that out.
REPRESENTATIVE SCHWERTNER: Sure. We'll get to that. Can you tell me what bill it was that this language was originally?
REPRESENTATIVE CHISUM: It's just an Amendment.
REPRESENTATIVE SCHWERTNER: Right. This wording, from my understanding was in Senate Bill 1001 that initially went through --
REPRESENTATIVE CHISUM: Well, yeah, but it was in another one before, some wording very similar. It's been around since kind of the beginning of the Session. So this is not the whole pie here. I think Ms. Thompson signed on and Mr. Gerren signed on.
REPRESENTATIVE SCHWERTNER: Where do most scope and medical issue concerned -- which committees on the Senate side do they normally go through?
REPRESENTATIVE CHISUM: The scope?
REPRESENTATIVE SCHWERTNER: The scope and healthcare issues in particular?
REPRESENTATIVE CHISUM: Probably in licensing, maybe.
REPRESENTATIVE SCHWERTNER: How about Health & Human Services?
REPRESENTATIVE CHISUM: No. Licensing. We do a lot of scope in there. I used to serve on licensing. We decide scope of stuff.
REPRESENTATIVE SCHWERTNER: I understand what this bill, this chiropractor bill went through the business and licensing, which subverted the normal process where scope bills -- would with you agree with that?
REPRESENTATIVE CHISUM: I think that probably the Speaker or Parliamentarian defines the bill and not me. But I'm sure you could always challenge their ability to sign it to a particular Committee. I've seen that happen on the floor and you I know you haven't seen a lot of those things, but you can pretty much choose to send it wherever you want to. It didn't go to the Ag Committee, though, which with would have been better for me.
REPRESENTATIVE SCHWERTNER: Yes, it would be hard to make it to the Ag Committee, but maybe that would be possible. On the House side, it went through licensing and administration, but not Public Health. Is that your understanding, as well?
REPRESENTATIVE CHISUM: Well, this part was part of one that may have went through there.
REPRESENTATIVE SCHWERTNER: Right. Before it got whittled down to this Amendment.
REPRESENTATIVE CHISUM: Well, it's the purpose of getting it germane to the bill, its amending so...
REPRESENTATIVE SCHWERTNER: And this Amendment actually seeks to tie the payment of chiropractic care to other practitioners, and in some ways, to significantly expand scope. Especially on Lines 11 and Line 12.
REPRESENTATIVE CHISUM: I didn't see where is it said that in here.
REPRESENTATIVE SCHWERTNER: Well, Line 12, for instance, on Page 1, and then also on Line 4 on Page 2.
REPRESENTATIVE CHISUM: Yeah.
REPRESENTATIVE SCHWERTNER: And so there's concern about --
REPRESENTATIVE CHISUM: Well, it just says one or more other practitioners are dong the same thing or similar business. It's just aligns with how you pay those. So if you have health insurance coverage, you could pay chiropractors just like you pay any other --
REPRESENTATIVE SCHWERTNER: Doing the same thing, but that's the issue.
REPRESENTATIVE CHISUM: Doing similar thing. Not the same things. Physicians may be dong something different. Therapists may be doing something different.
REPRESENTATIVE SCHWERTNER: Right. Okay. I'll come down and give you my Amendment to the Amendment.
SPEAKER OF THE HOUSE: Representative Zerwas, for what purpose?
REPRESENTATIVE ZERWAS: Mr. Speaker, would Mr. Chisum yield?
SPEAKER OF THE HOUSE: Mr. Chisum, do you yield?
REPRESENTATIVE CHISUM: I yield.
SPEAKER OF THE HOUSE: He yields.
REPRESENTATIVE ZERWAS: Mr. Chisum, I know that we've talked a little bit about where this particular bill or issue was heard, and it was outside of the typical venues that we hear about the scope of practice and the concerns around that. Did I hear you agree that, in fact, it was heard in other areas also at an equal level?
REPRESENTATIVE CHISUM: No. I didn't say that. I just said that other committees sometimes do these scope of practice things, I guess. That's all I reference to and you can accepted anything to State Affairs. You know, it's within -- evidently, the Speaker determined that it was within his authority to send it to that Committee. I had nothing to do with that.
REPRESENTATIVE ZERWAS: Do you have concerns regarding the education, training and experience of a chiropractor to do certain types of procedures that may be viewed by other people as being the same thing that perhaps an orthopedic surgeon might do?
REPRESENTATIVE CHISUM: Well, absolutely. I don't think chiropractors even pretend to be orthopedic surgeons. You know, so that's not an issue, as far as I'm concerned.
REPRESENTATIVE ZERWAS: So the --
REPRESENTATIVE CHISUM: It doesn't? This bill, either --
REPRESENTATIVE ZERWAS: So the line that Representative Schwertner shared with you on Line 12, Page 1, where it basically says that a chiropractor and one or more other type of practitioner -- does that give you concern that other type of practitioner could be somebody that actually has more education, more experience and it is more qualified to do a certain typo?
REPRESENTATIVE CHISUM: No. In that particular thing and you're just taking Line 12 out of a whole sentence, but what that says --
SPEAKER OF THE HOUSE: Representative Sheffield raises a Point of Order. The Point of Order is well taken. The following Amendment to the Amendment. The clerk will read the Amendment. . Let me back up. The Amendment to the Amendment is withdrawn. The Chair recognizes Representative Kolkhorst to speak against the Amendment.
REPRESENTATIVE KOLKHORST: Thank you, Mr. Speaker and Members. I am going to oppose this Amendment, although I dearly love my friend and colleague Mr. Chisum, and you know, this is something that didn't come through the Public Health Committee, although we all have chiropractors in our area, this is modifying the Insurance Code, which could possibly -- it needs to be a legal more well vetted. I'm going to yield to one of my Public Health Members, also, but I respectfully oppose the Amendment and will move to table.
SPEAKER OF THE HOUSE: Mr. Schwertner to speak against the Amendment.
REPRESENTATIVE SCHWERTNER: Thank you, Mr. Speaker. This Amendment as Mr. Chisum said, is reported to be about payment for chiropractors. When you read this Amendment, it is not about payment for chiropractors. This is about expansion of what chiropractors can do. Expansion of their scope of practice. And my friend, Members, this is a very important concept to get down here with this Amendment, and this Amendment does need -- it allows and ties chiropractors to other practitioners and if other practitioners are paid for a service and chiropractors in their scope believe that they should be able to do that, then it mandates insurance companies to pay payment to those chiropractors, as well. For instance, if I were doing a total knee, and the Texas Board of Chiropractor Medicine deemed in their judgment that total knees were now within the scope of practice of chiropractic medicine, then this bill, this Amendment would mandate that insurance carriers pay for the chiropractic care as they would pay for an orthopedic surgeon performing a knee replacement. That's the most egregious example, but that's the direction that this Amendment is taking. And I ask you to vote against this Amendment and preserve and protect the patients and citizens of this great state.
SPEAKER OF THE HOUSE: Mr. Zerwas, for what purpose?
REPRESENTATIVE ZERWAS: Will the gentleman yield?
REPRESENTATIVE SCHWERTNER: I yield.
SPEAKER OF THE HOUSE: He yields.
REPRESENTATIVE ZERWAS: Thank you, Mr. Speaker, and Representative Schwertner. You certainly shared with us what would probably be one of the most egregious circumstances. Where you take an article. Give me an example, perhaps of something a little more likely that could happen. Not all knees go great. Not all knees do replacement knees do depend to some extent on appropriate therapy and sometimes they get a little frozen up and they require some treatment and so forth. Can you give me an example of what happens in that circumstance, if you have people that seem to be doing the same thing, yet you're deal with what is a fairly complicated surgical condition.
REPRESENTATIVE SCHWERTNER: Right. And what you're speaking to is what the called a manipulation of a knee. Manipulation of a joint. And that's just bending the knee to make it move better. And concerns about how that implant was put in and not mess it up. However, manipulation should be done by an orthopedic surgeon in that situation. However, that code that is particularly to that orthopedic surgeon can now be usurped by chiropractors and would have to be paid as if provided by an orthopedic surgeon if this Amendment were to be adopted. And that's kind of an area that would be the first battle lines. But those battle lines would be pushed out and out and out to where we would have chiropractors trying to do basic things with EMGs. This is an ongoing battle, Members, for several -- well, for as long as I can remember. In reference to chiropractors trying to expand what they can do beyond what their expertise and training allows.
REPRESENTATIVE ZERWAS: Representative Schwertner are you aware of -- I think, would you and I agree that certainly the role of a chiropractor, based on their training and experience is a valuable healthcare service out there?
REPRESENTATIVE SCHWERTNER: Absolutely. They should be able to practice within their scope, but that scope needs to be defined by this body. The Members -- Members of this Legislature, rather than by the Texas board of chiropractic medicine, or through rule making and law making that kind of subverts that whole process.
REPRESENTATIVE ZERWAS: And are you aware of in recent times, perhaps a question of the training and experience of chiropractors to do manipulations of the surgical spine under anesthesia?
REPRESENTATIVE SCHWERTNER: Sure. Manipulation of anesthesia, they tried to allow, I think, the board has tried to allow manipulation under anesthesia of the spine. They also tried to utilize needle EMGs and invasive tests, as well as EMGs. And so those areas are beyond the scope of practice, the chiropractor medicine in my opinion.
REPRESENTATIVE ZERWAS: And those were all efforts by the board to try to define their own practice, as opposed to it coming through another body to do that, is that your understanding of those efforts?
REPRESENTATIVE SCHWERTNER: That's correct.
REPRESENTATIVE ZERWAS: And so did that have not have to go to a court and was that not deemed the practice of surgery?
REPRESENTATIVE SCHWERTNER: All three of those examples, the court overturned their legislation of court and put it back in the right body. This legislature.
REPRESENTATIVE ZERWAS: And do you not see this effort to try to align with certain practitioners, as it said here in Line 12? Any other practitioners, it doesn't say who or what. Do you not see that as an effort to, perhaps, expand that training or expand that practice without training and education to do that through some form of reimbursement or some type of professional association?
REPRESENTATIVE SCHWERTNER: Right. Representative Zerwas this is not about payment for chiropractic care. This is about expansion of scope through nefarious means. And I, again, ask the Members of this body to make sound policy and sound judgment for the care of the citizens of this great state. So I move to not accept this Amendment. I vote no on the Amendment.
SPEAKER OF THE HOUSE: Will the gentleman yield?
REPRESENTATIVE JACKSON: Mr. Speaker.
SPEAKER OF THE HOUSE: Mr. Jackson, for what purpose?
REPRESENTATIVE JACKSON: Will the gentleman yield?
SPEAKER OF THE HOUSE: The gentleman yields.
REPRESENTATIVE SCHWERTNER: Certainly.
REPRESENTATIVE JACKSON: Doctor, I'm hearing what you're saying, but I'm also reading the Amendment. And it said if the procedures are covered services under the health insurance policy and within the scope, but, again, the scope of practice has been --
REPRESENTATIVE SCHWERTNER: Standard --
REPRESENTATIVE JACKSON: But within the scope of the license of the chiropractor.
REPRESENTATIVE SCHWERTNER: Again, the scope tried by this body.
REPRESENTATIVE JACKSON: Who determines the scope of the license of body?
REPRESENTATIVE SCHWERTNER: This body should.
REPRESENTATIVE JACKSON: However, and it does. This doesn't.
REPRESENTATIVE SCHWERTNER: But it --
REPRESENTATIVE JACKSON: It says within the scope of the license of the chiropractor. This is not a scope of practice.
REPRESENTATIVE SCHWERTNER: I respectfully disagree with you.
REPRESENTATIVE JACKSON: Then I don't know how you can read this that way and I would invite everybody to read it for themselves.
REPRESENTATIVE SCHWERTNER: I agree, too. I move to table.
SPEAKER OF THE HOUSE: Representative Harless to, speak for the Amendment.
REPRESENTATIVE HARLESS: Mr. Speaker Members.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Chisum to close. Anyone that would with like to speak for the Amendment?
REPRESENTATIVE HARLESS: Point of Order.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 2408.
CLERK: House Bill 2408.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby to explain the Amendment.
REPRESENTATIVE DARBY: Thank you, Mr. Speaker. The Senate simply established new effective dates and tweaked certain timelines regarding the process with TDI. It also prohibits TDI from providing insurance companies concur with the Senate versions.
SPEAKER OF THE HOUSE: Representative Darby moves to concur. It's a record vote. Vote aye. Vote nay. The clerk will ring the bell. Have all voted? 143 ayes. 0 nays. Three present not voting. House Bill 2480 has finally passed much. The Chair recognizes Representative Craddick to explain the Amendment.
REPRESENTATIVE CRADDICK: Mr. Speaker, Members, this is the two local bills and the Senate combined them. One was on impact fees and the other is on utilities. I move to concur.
SPEAKER OF THE HOUSE: Representative Craddick moves to concur. It's a record vote. Vote aye. Vote nay. The clerk will ring the bell. Have all voted? 140 ayes. Three nays. Two present not voting. House Bill 3111 has finally passed. The Chair calls up House Bill 1178 with Senate Amendments.
CLERK: HCR 1178.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Flynn to explain his Amendment.
REPRESENTATIVE FLYNN: The Amendment on the Senate was outside of what our stated force was so we'll ask for a conference Committee.
SPEAKER OF THE HOUSE: The motion concur. ARE there any motions to instructs? The following conferees.
CLERK: The Conferees Committee on House Bill 1178, Flynn, Burman. Zedler.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 2048.
CLERK: HB 2048.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Lyon to explain the Amendment. Back up. We'll come back to that in a little bit. The Chair calls up House Bill 2396 with Senate Amendment.
CLERK: HB 2396.
SPEAKER OF THE HOUSE: The Chair recognizes Representative McClendon to explain the Amendment.
REPRESENTATIVE MC MCCLENDON: I want to concur with Senate Amendment.
SPEAKER OF THE HOUSE: Members, you've heard the motion. It's a record vote. Vote aye. Vote nay. The clerk will ring the bell. Have all voted? Have all voted? ayes, 45 nays. Two present not voting. House Bill 2396 is finally passed. The Chair calls up House Bill 2048, Senate Amendments. The clerk read the bill.
CLERK: HB 2048.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Flynn to explain the Amendment.
REPRESENTATIVE FLYNN: Yes. The Senate added two Amendments to this bill on the local hotel occupancy tax and we'd like to have a Conference Committee.
SPEAKER OF THE HOUSE: Members, move to not concur. Is there any objection? Are there any motions to instruct. The following conferees.
CLERK: House Conferees on HB 204, Lyon, Chair, Flynn, Thompson, Murphy, Gonzalez of El Paso.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 2900 with Senate Amendments. The clerk will read the bill.
CLERK: HCR 2900.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hartnett to explain the Amendment.
REPRESENTATIVE HARTNETT: Thank you, Mr. Speaker. This is a Guardianship Bill that the Senate got carried away as usual and added five pages. We need to turn it back so I move not could concur.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The check clerk will read the bill.
CLERK: The Committee on HB 2900, Hartnett, Chair. Thompson. Madden. Lewis. Raymond.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 2605 with Senate Amendments.
CLERK: HB 2605.
REPRESENTATIVE TAYLOR: Thank you, Mr. Speaker. The Senate made a number of changes. All of them which are not made so I move to not concur.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. The motion is adopted. Instructions. If not, the Chair points the following conferees.
CLERK: House Conferees, Conference Committee on HB 2605. Taylor of Galveston, Chair, Harper-Brown, Solomons, Cook, Mendendez.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 359 with Senate Amendments. The clerk will read the bill.
CLERK: HB 359.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Allen to explain the Amendment.
REPRESENTATIVE ALLEN: House Bill 359 is a Parental Rights Corporal Punishment Bill that places local control in the happened of the parents. It says that parents rights should be superseded by any level of government. The Senate voted with overwhelming support and they thought that all parents should have the right to decide. So they opened up the state wide to assure that all parents do so. The Senate amended Representatives bills which you remember as giving tickets to students under the 6th grade, and maintain the same intent. Additionally, an Amendment was added to clarify current law, current Districts have to report restraint of special education students. The Amendment classified to the School District and maintain a regular presence on the campus must be reported as well. It maintains the exemption of a peace officer performing in law enforcement and I move to concur with the Senate Amendment.
SPEAKER OF THE HOUSE: Representative Chisum, for what purpose?
REPRESENTATIVE CHISUM: Would the lady yield?
REPRESENTATIVE ALLEN: Sure.
SPEAKER OF THE HOUSE: She yields.
REPRESENTATIVE CHISUM: I know your bill left here with a bracket that exclude counties under 50,000. Is that bill still there?
REPRESENTATIVE ALLEN: No. The Senate moved to open it up that all parents in the State of Texas would have the same rights.
REPRESENTATIVE CHISUM: Even though the small school districts operate just fine right now?
REPRESENTATIVE ALLEN: I'm sorry.
REPRESENTATIVE CHISUM: I said even though this House decided that those small school districts and counties with less than 50,000 don't have the same issues, the Senate decided that we did, right?
REPRESENTATIVE ALLEN: No. The Senate decided that all parents would have the right to --
REPRESENTATIVE CHISUM: Probably in small schools we already have that, but you removed that or they removed that?
REPRESENTATIVE ALLEN: No. All schools will have it. All schools have it now. This is the right bill. Just to give you the right to do it. It's not to say that corporal punishment is administered. This is a decision at the local level. No secured has to do this. No city has to do this. This is the Parental Rights Bill. Parents have the right to say and local school boards have the right to decide whether they want to use it or not.
REPRESENTATIVE CHISUM: Okay. Which one has the right? The parent or the local school boards?
REPRESENTATIVE ALLEN: The parents have the right.
REPRESENTATIVE CHISUM: Thank you.
REPRESENTATIVE ALLEN: I move to concur with the Senate Amendments. Thank you.
SPEAKER OF THE HOUSE: Representative Allen moves to concur. It's a record vote. Vote aye. Vote nay. The clerk will ring the bell. Have all voted? Representative Giddings voting aye. ayes. 64 nays. 6, three present, not voting. House Bill 64 has finally passed.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 788 with Senate Amendments. The clerk will read the bill.
CLERK: HB 788.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Koemple to explain the Amendment.
REPRESENTATIVE KOEMPLE: Members, I move to concur in all the Senate did was bracket this to Guadalupe County.
SPEAKER OF THE HOUSE: Members, you've heard the motion to concur. It's a record vote. Vote aye. Vote nay. The clerk ring the bell. Have all voted? Show Representative Marquez voting aye. 143 ayes. 0 nays, two present not voting. The Chair calls up House Bill 336 with Senate Amendments.
CLERK: HB 336.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Marquez to explain the Amendment.
REPRESENTATIVE MARQUEZ: Thank you, Mr. Speaker. This is a Campaign Finance Bill we passed last month. I move to concur with Senate Amendments.
SPEAKER OF THE HOUSE: Representative Marquez moves to concur. It's a record vote. Vote aye. Vote nay. The clerk ring the bell. Have all voted? 140 ayes. Two nays. Two present not voting. House Bill 336 has finally passed. The Chair lays out House Bill 22 with Senate Amendments. The clerk will read the bill.
CLERK: HB 2172 by Torres.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Torres to explain the Amendment.
REPRESENTATIVE TORRES: Mr. Speaker, Members, I concur with the changes made in the Senate on HB 2172. These changes simply clarify the intent of the bill. I move passage.
SPEAKER OF THE HOUSE: Representative Torres moves to concur. It's a record vote. Vote aye. Vote nay. Clerk, ring the bell. Have all voted? 143 ayes, two nays. Two present not voting. House Bill 2172 has finally passed. The Chair lays out House Bill 1301. The clerk will read the bill.
CLERK: HB 1301.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen to explain the Amendment.
REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker. Members. HB 1301 would allow a person to make voluntary contributions to the Parks & Wildlife Department when registering their vehicle. The Senate changed the program to opt in rather than opt out. I move to concur.
SPEAKER OF THE HOUSE: Representative Guillen moves to concur. It's a record vote. Vote aye. Vote nay. The clerk ring the bell. Have all voted? Have all voted? 145 ayes, 0 nays, two present not voting. House Bill 1301 has finally passed. The Chair lays out House Bill 1451. With Senate Amendments. Clerk read the bill.
CLERK: HB 1451.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson to explain the Amendment.
REPRESENTATIVE THOMPSON: Mr. Speaker and Members, the Senate made some changes in this bill. One they exempted. They put an exemption for hunting dogs. They changed the definition from breeder to a person who has not only animals have we only put 11, but they say must you must also sell a minimum of 20 to be considered a breeder. I'd like to concur with Senate Amendments.
SPEAKER OF THE HOUSE: Representative Thompson moves to concur. It's a record vote. Members, vote aye. Vote nay. Clerk, ring the bell. Have all voted? 100 ayes, 40 nays, two present not voting. House Bill 1451 finely passed. The Chair calls up House Bill 1495 with Senate Amendments. The clerk will read the bill.
CLERK: HB 1495 by Munoz.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Munoz to explain the Amendment.
REPRESENTATIVE MUNOZ: Thank you, Mr. Speaker. Members. HB 1495 was a bill that we passed which codifies the current and historical practice with DIR with (inaudible) (there was one Senate Amendment that was put into the bill which just left in place the current provision regarding inter agency contracts. That Amendment was inserted at the end of Section I of the bill and it was brought to our attention by DIR so I move to concur.
SPEAKER OF THE HOUSE: Representative Munoz moves to concur. It's a record vote. Members vote aye. Vote nay. Clerk, ring the bell. Have all voted? 143 ayes, 0 nays, two present not voting. House Bill 1495 has finally passed. The Chair calls up House Bill 2173 with Senate Amendments. The clerk read the Amendment.
CLERK: House Bill 2173.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Torres to explain the Amendment.
REPRESENTATIVE TORRES: Mr. Speaker and distinguished Members, the bill came back from the Senate with significant Amendments. The bill is designed to help oversee the military personnel. Have their vote count and so we do not concur.
SPEAKER OF THE HOUSE: Representative Torres moves to not concur. Is there an objection? Are there any motions to instruct? The following conferees.
CLERK: House Conferees, Conference Committee on HB 2173. Torres, Chair, Taylor of Galveston, Hernandez-Luna. King of Parker.
SPEAKER OF THE HOUSE: The Chair calls up House Bill 2903 with Senate Amendments. The clerk will read the bill.
CLERK: HB 2903.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Zerwas to explain the Amendment.
REPRESENTATIVE ZERWAS: Thank you, Mr. Speaker and Members. This is the bill that addressed some of the changes in the PACE Program. The program for the all inclusive care of the elderly. It came back with a single Senate Amendment that provides language that the PACE Program seemed to conduct the study of the feasibility of implementing a statewide standard reimbursement rate for all providers of services under the PACE Program and I move to concur.
SPEAKER OF THE HOUSE: Representative Zerwas moves to concur. It's a record vote. Vote aye. Vote nay. The clerk will ring the bell. Have all voted? 145 ayes. 0 nays. Two present not voting, House Bill 2903 has finally passed. The Chair calls up House Bill 174 with Senate Amendments. Clerk read the bill.
CLERK: House Bill 174.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Jackson to explain the Amendment.
REPRESENTATIVE JACKSON: Members, this is Voter Clean-Up Bill and the Senate simply added the United States Social Security Administration available information on deceased residents as a source of the Secretary of State. I move we concur.
SPEAKER OF THE HOUSE: Members, you've heard the motion to concur from Representative Jackson. Vote aye, vote nay. The clerk ring the bell. Have all voted? Show Representative Branch voting aye. 144 ayes. 0 nays. Two present not voting. House Bill 144 has finally passed. The Chair calls up House Bill 360 with Senate Amendments. The clerk will read the bill.
CLERK: HB 360 by Jackson relating to ballot language.
SPEAKER OF THE HOUSE: The Chair recognize Representative Jackson to explain the Amendment.
REPRESENTATIVE JACKSON: Mr. Speaker, this is the full disclosure for the ballot for election law, and the Senate simply -- they did a complete substitute. They changed the form but didn't change the substance. I move we concur.
SPEAKER OF THE HOUSE: Representative Jackson moves to concur. It's a record vote. Members, vote aye. Vote nay. Clerk ring the bell. Have all voted? There being 141 ayes, 0 nays, two present not voting. House Bill 360 has finally passed. The Chair calls up House Bill 2469 with Senate Amendments. The clerk will read the bill.
CLERK: HB 2469.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Phillips to explain the Amendment.
REPRESENTATIVE PHILLIPS: Thank you, Mr. Speaker, Members, what the Senate did is they did a complete substitute using all the language but one word that we used and they wanted to make sure that the costs are covered and it's just one word what change and I would move adoption.
SPEAKER OF THE HOUSE: Representative Phillips move moves to concur. It's a record vote. Vote aye. Vote nay. Clerk ring the bell. Have all voted? 144 ayes. 0 nays. Two present not voting. House Bill 2464 has finally passed. The Chair calls up House Bill 2636 with Senate Amendments. Clerk read the bill.
CLERK: HB 2666 by Kolkhorst.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Kolkhorst to explain the Amendment.
REPRESENTATIVE KOLKHORST: Thank you, Members. In the Senate they made one minor non-substantial change to the bill by changing the name from the neonatal intensive care to the neonatal intensive care council that confirms to existing entities and law. Move to concur.
SPEAKER OF THE HOUSE: Representative Kolkhorst moves to concur. It's a record vote. Vote aye. Vote nay. Clerk ring the bell. Have all voted? 143 ayes, 0 nays, two present not voting P House Bill 2436 finally passed. The Chair calls up House Bill 1779 with Senate Amendments. . Clerk read the bill.
CLERK: HB 1797 by neighbors cat.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Naishtat to explain the Amendment.
REPRESENTATIVE NAISHTAT: Members, this is the bill that will allow graduate of the social work program and candidacy to take the licensure exam. The Senate added an Amendment that makes it clear that a person teaching the social work course is not required to have a social work license. I move to concur.
SPEAKER OF THE HOUSE: Representative Naishtat moves to concur. It's a record vote. Vote aye. Vote nay. Clerk ring the bell. Have all voted? 146 ayes. 0 nays. Two present not voting. House Bill 1797 finally passed. Excuse Representative Crownover because of Conference Committee on the motion of Representative Naishtat. The Chair lays out House Bill 2869 with Senate Amendments. The clerk read the bill.
CLERK: House Bill 2869.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Harper-Brown to explain the Amendment. REPRESENTATIVE HARPER-BROWN: Thank you, Mr. Speaker. Members. This is the Association Property Code change and all the Senate did is change a code number that we had incorrect. It was a technical correction and I move to concur.
SPEAKER OF THE HOUSE: Representative Harper-Brown moves to concur. It's a record vote. Vote aye. Vote nay. Clerk, ring the bell. Have all voted? There being 145 ayes, 0 nays, three present not voting, House Bill 2869 has finally passed. The Chair calls up House Bill 2477 with Senate Amendments. Clerk read the bill.
CLERK: House Bill 2477.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Harless to explain the Amendment.
REPRESENTATIVE HARLESS: Thank you, Mr. Speaker, Members. The Senate Amendment to HB 2477 specified that only eight materials would be printed or transferred into other languages paid for by the Secretary of State which eliminated the fiscal note. I move to concur with the Senate Amendment.
SPEAKER OF THE HOUSE: Representative Harless moves to concur. Vote aye. Vote nay. Clerk, ring the bell. Have all voted? 144 ayes, 0 nays. Two present not voting. House Bill 2477 has finally passed. The Chair calls up House Bill 308 with Senate Amendments. Clerk, read the bill.
CLERK: HB 308.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Mendendez to explain the Amendment.
REPRESENTATIVE MENENDEZ: Thank you, Mr. Speaker. Members. The Senate Amendments to House Bill 308 with recommendations made to the Texas Department of Wildlife by the U.S. Coast Guard in order to harmonize provisions to life preservers as they relate to -- additionally they create an exemption for racing shells, rowing schools and racing kyacks while participating in and participating in an officially sanctioned race. I move to concur with Senate Amendment.
SPEAKER OF THE HOUSE: Representative hen Mendendez moves to concur. It's a record vote. Members, vote aye. Vote nay. Clerk, ring the bell. Have all voted? Show Representative King of Parker voting aye. Representative Schwertner voting aye. 145 ayes, 0 nays. Two present not voting. House Bill 308 has finally passed. The Chair calls up House Bill 3002 with Senate Amendments. The clerk read the bill.
CLERK: House Bill 3002.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Hughes to explain the Amendment.
REPRESENTATIVE HUGHES: Thank you, Mr. Speaker. Members. House Bill 3002 updates the audit requirements for certain Water Districts and related entities. The Senate Amendments clarify that with additional receipts, they didn't, they included it and I move we concur.
SPEAKER OF THE HOUSE: Members, it's a record vote. Vote aye, vote nay. Clerk ring the bell. Have all voted? 144 ayes. 0 nays. Two present not voting. House Bill 3002 has finally passed. The Chair calls up House Bill 2717. The clerk will read the bill.
CLERK: House Bill 2717 by Darby relating to certain duties.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Darby to explain the Amendment.
REPRESENTATIVE DARBY: Senate Amendment to HB 2717 simply removes all language related to collection of fees and clarifies continuing education requirements and I move to concur.
SPEAKER OF THE HOUSE: Representative Darby moves to concur. Members, it's a record vote. Vote aye. Vote nay. The clerk ring the bell. Have all voted? 145 ayes. One nay. Two present not voting. House Bill 2717 has finally passed.
SPEAKER OF THE HOUSE: The Chair lays out House Bill 3333 with Senate Amendments. Clerk reads the bill.
CLERK: HB 3333.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Pena to explain the Amendment.
REPRESENTATIVE PENA: Members, this is a technical bill with regards to the authority to disconnect the State computer when its under attack. The Senate added an Amendment to clarify that there is no authority to disconnect an entire privately owned network and I move to done occur.
SPEAKER OF THE HOUSE: Representative Pena moves to concur. It's a record vote. Vote aye. Vote nay. The clerk, ring the bell. Have all voted? 142 ayes, three nays. Two present not voting. House Bill 3333 has finally passed. Members, we're going to move to Page 10 on the request for conferees. Mr. Bonnen, Keffer, Mr. Geren, Mr. Madden, Mr. Raymond, and Mr. John Davis of Harris.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Gerren for a motion.
REPRESENTATIVE LARSON: Members, I move to accept the request of the Senate for Conference Committee on House Bill 1338. Is there an objection? Members, you've heard the motion. So ordered.
CLERK: House Resolution Conferees on SB 1338. Gerren, Chair, Hamilton, Howard of Travis, Marquez, Ridder.
REPRESENTATIVE PENA: Members, I need to correct that. It's Senate Bill 1338 that I would move to appoint conferees for.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. You've already heard the conferees. The Chair recognizes Representative Davis of Harris for a motion.
REPRESENTATIVE PENA: Grant the request of the Senate to appoint a Conference Committee.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection?
REPRESENTATIVE PENA: On Senate Bill 1534.
SPEAKER OF THE HOUSE: Members, you've heard a motion. Is there an objection? The Chair hears none. So ordered. The following conferees.
CLERK: House Conferees for Committee on SB 1534, John Davis of Harris Chair, Murphy, Reynolds, Larson of Dallas, Vo.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Keffer for a motion.
REPRESENTATIVE KEFFER: Move to grant to the request to acquiesce to go forward on Senate Bill 3655.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The following conferees.
CLERK: House Conferees, conferees on SB 655, 655. Keffer, Chair, Carter, Crownover, Lewis, Oliveira.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Madden for a motion.
REPRESENTATIVE MADDEN: I move to grant the request of the Senate for a Conference Committee on Senate Bill 1949.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. The following conferees.
CLERK: House Conferees, Conference Committee on SB 1949, Madden, Chair, Alan, Hunter Perry.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Harless for a motion.
REPRESENTATIVE HARLESS: I move to grant the request of the Senate to appoint a conference on SB 652.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. The following conferees.
CLERK: House conferees. Conference Committee on SB 652. Bonnen, Chair, Anchia, Cook, Harper-Brown, Taylor of Galveston.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen for a motion.
REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker. Members. I move to grant the request of the Senate to appoint a Conference Committee on SB 1816.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. The following conferees.
CLERK: House Conferees, Conference Committee on SB 1816, Raymond Chair, Guillen, Hildebran, Margo, Pena.
SPEAKER OF THE HOUSE: The Chair lays out House Bill 1355 with Senate Amendments. Clerk reads the bill.
CLERK: HB 1335 by Allen.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Allen to explain the Amendment.
REPRESENTATIVE ALLEN: House Bill 1331 in its original form has School District to develop a process to respond to a TEVs request for an IEPR and that's an Individual Education Plan Review for a students education and for notification of parents. And to those not required because that's very expensive. The Senate added three Amendments, all were found to be non-germane to the bill and I wish to not concur with the Senate Amendment and go to conference.
SPEAKER OF THE HOUSE: House Bill 1335.
REPRESENTATIVE ALLEN: Yes.
SPEAKER OF THE HOUSE: Representative Allen moves to not concur. Is there an objection? The Chair hears none. Are there any motions to instruct? The following conferees.
CLERK: House Conferees on House Bill 1335, Allen, Chair, Nash, Thompson, Reynolds, Mallory, Carroway.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Dukes for a motion.
REPRESENTATIVE DUKES: I move to suspend all necessary rules to take up and consider SCR 58.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The following Resolution. The clerk will read the Resolution.
CLERK: SCR by Watson of the Senate to make corrections in SB No. 768.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Dukes to explain the Resolution.
REPRESENTATIVE DUKES: Thank you, Mr. Speaker and Members. Senate Bill 6, 768 by the Senate the. The bill creating a MUD in my District. The first correction is to change to cross reference appearing in Section 8379.003 of the act. The cross reference should have been to SEC 49.102 of the Water Code which pertains to the board, the election of the Members. The second correction is in Section 8379.105 of the act. A sentence was left out inadvertently of the Amendment by accident, and I move passage.
SPEAKER OF THE HOUSE: Members, you've heard the motion. It's a record vote. Please vote aye. Vote nay. The clerk will ring the bell. Have all voted? There being 140 ayes, 0 nays, two present not voting. The Resolution passed. The Chair recognizes Representative Phillips for a motion.
REPRESENTATIVE PHILLIPS: I move to suspend all necessary rules to bring up SCR No. 169.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The clerk will read the Resolution.
CLERK: SCR 169 by Phillips.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Phillips to explain the motion.
REPRESENTATIVE PHILLIPS: Thank you, Mr. Speaker, Members. This related to House Bill 3833 whenever they were going back through this, the alleged counsel found that they cited two wrong sections of the code. This is a bill -- this is a technical error to clean up and we must follow concurrent Resolution pass which was brought to my attention by the counsel. I move adoption.
SPEAKER OF THE HOUSE: Members, you've heard the motion. It's a record vote. Vote aye. Vote no. The clerk will ring the bell. Have all voted? Being 144 ayes. 0 nays, two present not voting. The motion passed. The Chair recognizes Representative Harper-Brown for a motion. REPRESENTATIVE HARPER-BROWN: Thank you, Mr. Speaker. Members. I move to suspend all necessary rules to take up House Resolution No. 2179.
SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The clerk will read the following Resolution.
CLERK: House Resolution 2179 congratulating Bethany Harper on her graduation from Kaufmann High School.
SPEAKER OF THE HOUSE: The Chair recognizes Representative Harper-Brown to explain the Resolution. REPRESENTATIVE HARPER-BROWN: Thank you, Mr. Speaker, this is my very, very young and very, very smart granddaughter graduating from High School. I move adoption.
SPEAKER OF THE HOUSE: All in favor say aye. Members, If you have any announcements, bring them down front and be quick about it. The Chair recognizes Representative Martinez-Fischer. REPRESENTATIVE MARTINEZ-FISCHER: Thank you, Mr. Speaker, Members, just so you know, the Mexican American Legislative Caucus is having it's Sine Di Party tonight right in front of the Mouth Office on Colorado Street. We have the street closed. Food drinks. Live music beginning right now. So it's open to all Members and their staff. Thank you.
SPEAKER OF THE HOUSE: Members, are there any other announcements? If not, no announcements. Representative Aycock moves that the House stands adjourned until 10:00 a.m. tomorrow.
