REPRESENTATIVE JOE STRAUS: The House will come to order. Members, please register. Have all registered? Have all registered? The quorum is present. The House and gallery, please rise for the invocation. The Chair recognizes Representative Huberty to introduce our pastor of the day. Mr. Speaker, members,guests, it's an honor for me this morning to have my hometown priest with me from Kingwood. Father T.J. Dolce was ordained on May 30th, 2009, as a priest for the Arch Diocese of Galveston, Houston. He is currently assigned to St. Martha's parish in Kingwood, Texas, where he is very involved with the youth in the parish and St. Martha's Catholic School. Father T.J. grew up in Houston and graduated from Jersey Village High School before attending the University of St. Thomas where he graduated in 2001. He went to St. Mary's Seminary and received his Master's in Divinity in 2009. Father T.J. loves being a priest and he is excited to serve the Lord and the people. Welcome Father T.J. Pastor: Let us pray. Almighty and eternal God, you have revealed your glory to all nations. God of power and might, wisdom and justice, through you authority is rightly administered, laws are enacted and judgment is decreed. Let the light of your divine wisdom direct those who lead the state, the governor, the members of the legislature, the judges, the elected officials and all others who are entrusted to guard our public welfare. May they be enabled by your powerful protections to discharge their duties with honesty, integrity, peace, and justice. We likewise commend to you our -- your unbounded mercy to all citizens and residents of the United States that we may be blessed in the knowledge and sanctified in the observance of your Holy law. May we be preserved in union in that peace which the world cannot give, and after enjoying the blessings of this be admitted to those which are eternal. We pray to you, our Lord and God, for ever and ever. Amen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Jackson to lead us in the pledge.
REPRESENTATIVE JIM JACKSON: Members, join me in the pledges to our United States flag and the Texas flag. [PLEDGE]
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kleinschmidt to introduce our Doctor of the Day.
REPRESENTATIVE TIM KLEINSCHMIDT: Thank you, Mr. Speaker. Members, please welcome today Dr. Jorge (inaudible) and his third year med student assistant (inaudible). Folks, I got to tell you. Dr. (inaudible) has been in the area for 21 years, and that's quite an accomplishment. And we are proud to have had him in our rural area, taking care of us for this time. And we recognize the sacrifices that he makes living out in our rural area and practicing to take care of us out there. Thank you, Dr. (inaudible) and thank you for being out here at the Capitol.
THE CHAIR: Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to me suspend all necessary rules to take up and consider HR 1796, which honors the Texas Department of Licensing and Regulations on being named the top mid-size employer by the Austin American-Statesman.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. The following resolution, the clerk will read the resolution.
THE CLERK: HR 1793 by Pitts. WHEREAS, The Texas Department of Licensing and Regulation was recognized as a Top Midsize Employer in the Austin American-Statesman 2010 Top Workplaces survey; and WHEREAS, Under the leadership of executive director William H. Kuntz, Jr., the Texas Department of Licensing and Regulation serves as the state's umbrella occupational regulatory agency and is governed by a seven-member commission appointed by the governor; In the course of its duties, the organization strives to foster a fair and efficient regulatory environment and ensure public safety while overseeing 27 occupations and industries and more than 630,000 licensees; and WHEREAS, TDLR is guided by the core values of integrity accountability, customer service, open and free communication innovation, teamwork, and respect; recognized for its dedication to these tenets, the agency was nominated for consideration in the Top Workplaces survey by employees Beverly Williamson and Nancy Foster; TDLR achieved the highest response of any employer, with 94 percent of the staff answering the anonymous questionnaire; and WHEREAS, Building on its success, TDLR was honored with the 2011 Progress Level Award for Performance Excellence, given to role model establishments that have demonstrated well-deployed effective, and systematic approaches to organizational management with strong performance levels and trends compared to industry standards; the accolade is presented by the Quality Texas foundation, which helps businesses, hospitals, schools, government agencies, and nonprofits improve performance through education training, and assessment; and WHEREAS, The Texas Department of Licensing and Regulation celebrated 100 years of excellence as a model state agency in 2009 and it continues to earn the public trust by setting the standard for customer service, innovation, cost-effectiveness, and efficiency; now, therefore, be it. RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate the Texas Department of Licensing and Regulation on being named one of the top workplaces in the Austin area by the Austin American-Statesman and extend to its current and former commissioners and employees sincere appreciation for their service to the Lone Star State; and, be it further RESOLVED, That an official copy of this resolution be prepared for the agency as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, this agency for the State of Texas, the Texas Department of Licensing and Regulation, as I said a few minutes ago, is one of the top mid-size employer from the Austin-American Statesman. But I have been very impressed with this agency since I've been involved in Appropriations, especially their Executive Director, Bill Koontz, who was also executive director of several other agencies in the state, before he went to the Texas Department of Licensing and Regulation. But the TDLR is the quality workplace environment, and they have fostered 90 percent of their employees responded to the state and the survey. And on the dais today, from TDLR, we have the Executive Director, Bill Koontz; their project coordinator, Randy Nesbitt; their director of licensing, DeeDee (inaudible); and management analyst, Willy Check; and program specialist, George Bowmar. And there's several other people in the gallery that we would like them to stand so we can welcome them, from the TDLR. Members, please join Drew and I in congratulating TDLR on this achievement. I move passage.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. The resolution is adopted. Representative Darby and Representative Geren moves to add all members' names. Is there any objection? Hearing none. So ordered. Madam Doorkeeper?
DOORKEEPER: We have a messenger from the Senate at the door of the House.
THE CHAIR: Admit the messenger.
MESSENGER: Thank you, Madam Speaker. I'm directed by the Senate to inform the House that the Senate has passed the following actions (inaudible).
THE CHAIR: Chair recognizes Representative Elkins for a motion.
REPRESENTATIVE GARY ELKINS: Thank you Madam Speaker. I would like to suspend all necessary rules and take up House Resolution 28 -- I'm sorry, 2358, 2359, 2360, and 2367.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Following resolutions, the clerk will read the resolutions.
THE CLERK: HR 2358 by Elkins. Congratulating Ashley Williams on placing second at the African American National Spelling Bee Championships. HR 2359 by Elkins. Congratulating Niaha Dyson on placing third at the African American National Spelling Bee Championships. HR 2360 by Elkins. Congratulating Mary Bello on winning the African American National Spelling Bee Championships. HR 2367 by Elkins. WHEREAS, Through the establishment of the African American National Spelling Bee Championships, Inc., Robert L. Garner, Jr. is making a difference in the lives of many young people in the Houston area; and WHEREAS, Mr. Garner organized the Houston Inaugural Spelling Bee to encourage African American youth to learn about the origin and spelling of words, to increase their vocabularies, and to develop confidence; the event took place on May 14, 2011, at Jack Yates Senior High School, with middle school students from a number of institutions in the area participating; seventh-graders Mary Bello, Ashley Williams, and Niaha Dyson from Girls and Boys Prep Academy in Houston earned first-, second-, and third-place honors; And WHEREAS, Mr. Garner, a successful businessman, is a community adviser for Precinct 2 in Fort Bend County and also volunteers his time with the Houston Parks and Recreation Department; as a student he struggled with reading, but found that by focusing on his spelling, he was able to improve both his comprehension and his self-assurance; and WHEREAS, Seeking to move today's youth from the video store to the bookstore, this outstanding Texan has demonstrated his praiseworthy support of African American students in his community and his efforts to reach and inspire young people are truly deserving of commendation; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Robert L. Garner, Jr., founder of the African American National Spelling Bee Championships, Inc., and extend to him sincere best wishes for the future; and, be it further. RESOLVED, That an official copy of this resolution be prepared for Mr. Garner as an expression of high regard by the Texas House of Representatives. HR 2360 by Elkins. WHEREAS, Mary Bello, a seventh-grader at the Girls and Boys Preparatory Academy in Houston, won the inaugural African American National Spelling Bee Championships on May 14, 2011, in Houston; And WHEREAS, The goal of the African American National Spelling Bee Championships is to improve the spelling skills of African American middle school students, which in turn helps them to raise their reading level and expand their vocabulary; by preparing for the spelling bee, young people develop confidence and discipline traits that are necessary to excel academically; and WHEREAS, Students from across Houston competed in two rounds of spelling bees for the opportunity to go to the main event; after advancing through the regional competition, Mary Bello took first place at the championships, and she was sponsored for the contest by her teacher, Brenda Upton; and WHEREAS, This notable young Texan has distinguished herself with her hard work, determination, and poise under pressure, and she may indeed look forward to a future that is bright with promise; Now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Mary Bello on winning the African American National Spelling Bee Championships and extend to her sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mary Bello as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Mr. Elkins.
REPRESENTATIVE GARY ELKINS: On the dais today we have Robert Garner on your left, and we have Mary Bello, the champion. Mary, raise your hand. The champion. She's the national champion. And then we have Niaha Dyson and Ashley Williams. And up in the gallery we have the principal Tyra Ross, from the academy. And Dr. Victoria Dunn. Robert Garner is a longtime friend of mine. And a couple years ago Robert had this idea and this vision of helping African American young people with a national spelling bee. So he came and he talked to me about the idea, and I told Robert, I said -- I call him Bob, I said Bobby, I think that would be an excellent idea and I will do whatever I can do to help you pull this thing off. Also, many of you members may not know that Robert Garner up here is our own colleague, Dr. Alma Allen's, godson. And so I know she's happy to see Robert today. On the National Spelling Bee, the National African American Spelling Bee, Dr. Page and Dr. Allen's son is on the advisory board. And I had the honor of attending the spelling bee two weeks ago, and I got to tell you, how many of you can spell this word? Quixotical? Dr. Page and I about fell out of our chairs, but Mary Bello spelled that word. So I hope that you will give me a round of applause and congratulate these young people on their achievements, and also Mary bellow did receive a $1,500 scholarship to college for winning first place. So let's welcome them.
REPRESENTATIVE HELEN GIDDINGS: Madam Speaker?
THE CHAIR: Yes.
REPRESENTATIVE HELEN GIDDINGS: May I ask, have you moved -- has he already moved adoption? I wanted to ask -- I'll wait, then.
REPRESENTATIVE GARY ELKINS: Madam Speaker, I move adoption.
THE CHAIR: Members, you heard the motion for all the resolutions that were laid out. Is there any objection? Chair hears none. Resolutions are adopted. Chair recognizes Ms. Giddings.
REPRESENTATIVE HELEN GIDDINGS: Madam Speaker, I would move to add all members' names to the Elkins resolution.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered.
REPRESENTATIVE HELEN GIDDINGS: Madam Speaker?
THE CHAIR: Yes, Ms. Giddings.
REPRESENTATIVE HELEN GIDDINGS: Could Representative Elkins spell that word that he almost fell out of his chair on?
THE CHAIR: Representative Elkins, we need you back at the mic for a quixotical and laryngeal and proselyte.
REPRESENTATIVE GARY ELKINS: Thank you Madam Speaker. I actually had to ask Mary how to spell that word so I can spell quixotical, only because I have it written on my phone.
REPRESENTATIVE HELEN GIDDINGS: Spell it for us.
REPRESENTATIVE GARY ELKINS: I got to look at it. Just give me one second here.
REPRESENTATIVE HELEN GIDDINGS: (inaudible ) (inaudible).
REPRESENTATIVE GARY ELKINS: Q-U-I-X-O-T-I- C-A-L, quixotical.
REPRESENTATIVE HELEN GIDDINGS: Madam Speaker?
THE CHAIR: For what purpose?
REPRESENTATIVE HELEN GIDDINGS: Will the gentleman yield for a question?
THE CHAIR: Do you yield, Mr. Elkins? He yields.
REPRESENTATIVE HELEN GIDDINGS: Representa tive Elkins, do you -- can you also tell us what that -- what is the definition of that word? Thank you, Madam Speaker and Representative Elkins.
REPRESENTATIVE GARY ELKINS: Thanks.
THE CHAIR: Chair recognizes Representative Anderson.
REPRESENTATIVE RODNEY ANDERSON: Thank you Madam Chair. Members, I would like to suspend all necessary rules to take up and consider HR 1894.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following resolution, clerk will read the resolution.
THE CLERK: HR 1894 by Anderson of McClendon. In memory of Jeremy Pat Pryor of Waco.
THE CHAIR: Chair recognizes Representative Anderson.
REPRESENTATIVE RODNEY ANDERSON: Thank you, members. With the age of technology we have -- Jeremy's parents are watching today, this morning, on the internet. And we want to make mention of the passing, untimely, of Jeremy Pat Pryor at the age of 36. Obviously brought great sorrow to his family and friends, a vibrant, caring young Texan. Jeremy grew up in Waco and graduated Midway High School. He got his bachelor's degree in anthropology and his master's degree in business from Bexar University. His deep respect for the natural world kind of led his career choices and Jeremy worked as an environmental consultant and he worked for the Nature Conservancy, earning the respect of many of his colleagues. Jeremy also traveled extensively and was actually adopted by the (inaudible) Shoshone Tribe, and was given a name, (inaudible), which means one of us. He was a devoted member of First Baptist Church and traveled missions to Guatemala and other places. It truly is a tragic loss for the State of Texas and his family, we want to make mention of that today. Thank you, members.
THE CHAIR: Members, Representative Anderson moves adoption of the resolution. This is a memorial resolution. All those in favor, please rise. The resolution is unanimously adopted.
REPRESENTATIVE RODNEY ANDERSON: Thank you, members.
THE CHAIR: Chair recognizes Representative Munoz. Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: Thank you Madam Speaker, members. I move to suspend all necessary rules to take up and consider HR 1571.
THE CHAIR: Members, you've heard the motion is. There any objection? Hearing none. So ordered. The following resolution, clerk will read the resolution.
THE CLERK: HR 1571 by Munoz. WHEREAS, During 2011, the Association of Farmworker opportunity Programs is working to draw attention to the underserved constituency of farmworker children; and WHEREAS, Youth as young as 12 years of age are legally allowed to work in agriculture for an unlimited number of hours outside of School, yet according to the Centers for Disease Control's National Institute for Occupational Safety and Health, agriculture is the most dangerous industry in the United States that is open the children in terms of injuries and fatalities; and WHEREAS, Agricultural work involves exposure to pesticides and the use of dangerous farm equipment, and these conditions can lead to serious injury or even death; farmworker youth are also excluded from the "hazardous work" protections imposed in all other industries, allowing children as young as 16 to operate heavy machinery and perform other dangerous functions that are strictly reserved for adults in every other area of employment; and WHEREAS, The U.S. Department of Labor estimates that farmworker children earn less than $1,000 per year on average while often sacrificing their education and physical well-being; moreover, it is estimated that more than half of migrant farmworker youth inaudible out of high school; and WHEREAS, The Association of Farmworker Opportunity Programs will be hosting events and activities throughout the year aimed at improving federal standards concerning child labor in agriculture and educating the public, all with the goal of brightening the future of America's migrant and seasonal farmworker children; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commemorate 2011 as the Year of the Farmworker Child and encourage all Texans to learn more about this important issue; and, be it further. RESOLVED, That an official copy of this resolution be prepared for the Association of Farmworker Opportunity Programs as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hearing none. The resolution is adopted. Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: Thank you, Madam Speaker, members. I'm proud to introduce to you today Ms. Naomi (inaudible) from Mission, Texas. On the dais we have (inaudible, (inaudible), Joanna Mendoza,
(inaudible). This resolution that we just read recognizes the association of farm worker and opportunity programs to draw more attention to this constituency. So, please, members, if you can help me welcome them to their Capitol. Thank you.
THE CHAIR: Chair recognizes Representative Hamilton for an announcement.
REPRESENTATIVE MIKE HAMILTON: Members, we have a birthday today. Would like y'all to all pay attention? Mr. Alex, come here. Come here. Here's our reading clerk. Today, how old are you?
THE CLERK: Twenty-two.
REPRESENTATIVE MIKE HAMILTON: Twenty-two years old. Barely legal, and it's his birthday today, so y'all give him a round of applause.
THE CHAIR: Members, this is a memorial resolution. Please find your seats or take your conversations outside the rail. Chair recognizes Representative Darby.
REPRESENTATIVE DREW DARBY: Thank you, Madam Speaker. I move to suspend all necessary rules take up and consider House Resolution 2143 honoring the life of Hope Wilson Huffman of San Angelo.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. The following resolution, the clerk will read the resolution.
THE CLERK: HR 2143 by Darby. WHEREAS, Memories of a life filled with joyful times and meaningful accomplishments remain to comfort the family and friends of Hope Wilson Huffman of San Angelo, who passed away on March 29 2010, at the age of 49; and WHEREAS, This seventh-generation Texan could trace her family lineage back to members of Stephen F. Austin's Old Three Hundred and to German settlers who helped to establish the town of Gruene; born in San Angelo on February 5, 1961, to Duncan C. O. Wilson, Jr., and Patricia Hope Wilson, Ms. Huffman graduated from Central High School in 1979; she went on to attend The University of Texas, where she earned a bachelor of science degree in speech and was a member of Pi Beta Phi sorority; and WHEREAS, Keenly interested in politics, Ms. Huffman worked for Senator John Tower after college and then for President Ronald Reagan's 1984 reelection campaign; following President Reagan's victory, she received an appointment in the U.S. Department of Agriculture, and she later returned to Austin to work for Karl Rove's political consulting firm; and WHEREAS, Hope Huffman and her husband, James, were joined in matrimony on November 14, 1987; they shared a loving relationship and were blessed with two daughters, Grace and Virginia; the family made its home in the Santa Rita neighborhood of San Angelo, where Ms. Huffman enjoyed the company of many lifelong friends; active in the community, she was a member of the First Presbyterian Church and she volunteered her time with a number of organizations, including the Humane Society of Tom Green County, the San Angelo Symphony, and the West Texas Rehabilitation Center; Ms. Huffman also served as a director of the Upper Colorado River Authority from 1999 until her passing; and WHEREAS, An avid naturalist and land conservationist, Hope Huffman loved being outdoors, and she especially enjoyed working on her Coralina Ranch, which had been in her family since 1885; side by side with her husband, she devoted countless hours of effort to improving the land, and she also continued to care for her father's cherished pecan orchard; an expert markswoman, she had a great passion for hunting as well as traveling, and she went on memorable safaris to places such as Africa, New Zealand, and Alaska; and WHEREAS, Hope Huffman possessed a zest for life and a generosity of spirit that brightened the world for all around her and those who were privileged to share in her love and affection will forever hold her close in their hearts; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Hope Wilson Huffman and extend sincere condolences to the members of her family: to her husband, James Gordon Huffman, Jr.; to her daughters, Grace Wilson Huffman and Virginia Lynn Huffman; to her brother and sister-in-law, Cam and Lydia Wilson; to her nephews, Nick and Max Wilson; to her mother-in-law, Kathleen Porter; and to her other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas House of Representatives adjourns this day, it do so in memory of Hope Huffman.
THE CHAIR: Chair recognizes Representative Darby.
REPRESENTATIVE DREW DARBY: Thank you Madam Speaker, members. Hope was my neighbor in San Angelo. Her family lived in just the next block from me in San Angelo. Hope was quite a character. She could ride, rope and revel with the best of them. Very active in our community, just a great person to be around, fun loving, very much an avid outdoor person, very much supportive of outdoor issues. We're joined on dais today by her husband, James Huffman; her daughter, Grace Huffman. Now you may recognize Grace, she works in Speaker Straus' office. She's the pretty face right inside the door. Her sister, Virginia Huffman, now attending Texas Tech University. We're joined today in the gallery by friends. Would you stand? Mary McDonald and her daughter Caroline, and Jenny Cook. Members, I would hope that you would join with me today in honoring the life of Hope Wilson Huffman. And, with that, I move adoption.
THE CHAIR: Members, this is a memorial resolution. All those in favor please rise. The resolution is unanimously adopted. For what purpose, Mr. Chisum?
REPRESENTATIVE WARREN CHISUM: Madam Speaker, I move to add all members' names to the --
THE CHAIR: Representative Chisum moves to add all members' names. Is there any objection? Hearing none. So ordered. Members, this is a notice of introduction of a privileged resolution, pursuant to House Rule 13, Section 9-F, the Chair announces the introduction of HR 2518 suspending the limitations on the conferees for SB 1087. Mr. Kleinschmidt on the floor of the House? Is Mr. Gonzales of Williamson on the floor of the House? Chair recognizes Representative Kleinschmidt for a motion.
REPRESENTATIVE TIM KLEINSCHMIDT: Members, I move to suspend all necessary rules to take up and consider HR 1994, congratulating the Round Top-Carmine Cubettes volleyball team on winning the 2010-2011 UIL 1A state championship.
THE CHAIR: Members, you've heard the motion is there any objection? Hearing none. So ordered. Following resolution the clerk will read the resolution.
THE CLERK: HR 1994 by Kleinschmidt. Congratulating the Round Top-Carmine Cubettes volleyball team on winning the 2010-2011 UIL 1A state championship.
THE CHAIR: Chair recognizes Representative Kleinschmidt.
REPRESENTATIVE TIM KLEINSCHMIDT: Move passage.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. Resolution is adopted. Chair recognizes Representative Gonzales.
REPRESENTATIVE LARRY GONZALES: Thank you Madam Speaker, members. Today in the east gallery we have members from the Miracle League of Austin. It's a wonderful program that provides special needs children between the ages of 4 and 19 the opportunity to experience the joy of playing baseball. Games are played on the Round Rock Express Miracle Field, which was designed to safely accommodate wheelchairs, walkers and other equipment. With their efforts, countless special needs children have participated in America's past time. Today we have joining with us board member Steve Brown, founder and league president, Tracy Brown founder and player buddy coordinator; Rick Fielding, vice president; Catherine Brown, one of our buddies; and we've got Hailey and Madeline Harmer who are buddies; and player, Logan Garner, representing Yankees. Please help welcome the Miracle League of Austin to the Capitol. If you guys will rise? Thank you, members. Thank you Madam Speaker, members. I move to suspend all necessary rules to take up and consider House Resolution 2276, which honors the Miracle League of Austin.
THE CHAIR: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Following resolution, clerk will read the resolution.
THE CLERK: HR 2276 by Gonzales of Williamson. Honoring the buddies and volunteers of the Miracle League of Austin.
THE CHAIR: Chair recognizes Representative Gonzales.
REPRESENTATIVE LARRY GONZALES: I proudly move passage.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. Resolution is adopted. Representative Strama moves a add all members' names. Is there any objection? Hearing none. So ordered. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Madam Speaker and members. I am going to ask all the sponsors of the UTSA McClendon Scholars to please join me here at the podium. I move to suspend all necessary rules to take up House Resolution No. 2294.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
THE CLERK: HR 2294 by McClendon. WHEREAS, Ten students from The University of Texas at San Antonio have provided valuable support to the Texas Legislature as members of the UTSA Legislative Scholars Program, and as the 82nd Legislative Session draws to a close, it is indeed appropriate to recognize these dedicated interns; and WHEREAS, Created in 2004, the UTSA Legislative Scholars Program is a collaborative initiative between State Representative Ruth Jones McClendon and the UTSA Institute for Law and Public Affairs; the program, also known as McClendon Scholars, gives undergraduate and graduate students the opportunity to serve as interns in the Texas House of Representatives and Senate during regular legislative sessions; and WHEREAS, Participants are selected based on academic credentials as well as such criteria as good judgment, independent thinking, and professionalism, and they perform a number of essential tasks, including research, analysis, writing, and corresponding with constituents; and WHEREAS, The Class of 2011, which is the largest group since the program's founding, includes: Murtuza Hussain and Michael Johnson, who served in the office of Representative McClendon Czara Venegas, who served in the office of Representative Dawnna Dukes, Benjamin Barkley, who served in the office of Representative Lois Kolkhorst, Allison Hughes, who served in the office of Representative Jose Menendez, Rey Milan, who served in the office of Representative J. M. Lozano, Margie Alfaro, who served in the office of Senator Judith Zaffirini, Deborah Seriki, who served in the office of Representative Roberto Alonzo, Sandra Morales, who served in the office of Representative Armando Martinez, and Tyler Rutherford, who served in the office of Speaker Joe Straus; and WHEREAS, These dedicated students have provided vital support services to the legislature throughout the session while gaining important firsthand experience in government, and it is a pleasure to recognize the contributions of these accomplished young men and women; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend the 2011 UTSA Legislative Scholars Program on its largest class of interns to date and extend to its participants sincere best wishes for success in all their endeavors; and, be it further RESOLVED, That an official copy of this resolution be prepared for the interns as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Ms. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. The resolution is adopted. Chair recognizes Ms. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Madam Speaker. Members, if you would, please, listen up for just a little bit, I would like to recognize these extraordinary individuals from the University of Texas, San Antonio. These young men and young women make up the 2011 class of the McClendon Legislative Scholars Program. This program was created in 2004 as collaboration with UTSA Institute for Law and Public Affairs, which allows under graduate and graduate students the opportunity to serve as interns in the Texas House of Representatives, during the legislative session. I would specially like to thank Dr. Richard Gambetta, Dr. Gambette, would you step forward? Let us see who you are. Dr. Gambetta has helped me establish this program at UTSA and he has been very careful and diligent in bringing these, the best of the best, every single session. Every session we do get the cream of the crop. I want to make sure I say a little bit about these scholars, so that I enlisted to help their offices. And here is a little bit about what they had to say: I'm going to start with Ray Milan, who served very effectively as a member of Representative Lozano's staff. He's learned many interesting things and assisted Representative Lozano in the Committee on Agriculture and Livestock. He was always very helpful and personable in working with the constituents and business. Ray's helpfulness and curiosity will certainly continue to serve him well in the future. And that is what Representative Lozano has said about Ray. Ray, where are you? Tyler Rutherford has been a valuable asset to Speaker Joe Straus and the Constituent Services Office. He handled every call and letter with care and respect, while ensuring that every individual was helped to the best of his ability. Tyler's genuine interest in the legislative process also allowed him to provide valuable help to the Speaker's Policy Office. Tyler has served him very well. Tyler Rutherford in the Speaker's Office. Sandra Morales has had the opportunity to work with Representative Mondo Martinez. Her professionalism and willingness to take on new tasks allowed her to stand out in the office. She always went the extra mile and listened carefully and attentively. Her excellent work ethic in changing environment has made her a leader in the office, and she never hesitated -- she learned from anyone around her. And that is Sandra Morales in Representative Martinez's office. Allison Hughes, who worked in Representative Jose Menedez' office, transcended the role of intern and is considered a true member of the staff. She took on a large responsibility, carrying one-third of the office's bills from drafting, to the Senate. Her office describes her as extremely perspective -- perceptive and capable. She truly exemplifies the quality of high achievement that describes this program. And that's what they have to say about Allison Hughes in Representative's Jose Menendez's office. Margie Alvarro took on a very difficult task when she jumped in this session as assistant clerk to Senator Judy Zaffirini in the Higher Education Committee. Her help has been tremendous as she quickly picked up a rigorous committee system and excelled. With an impeccable work ethic and dedication to preparation, Margie was an asset to her office. Margie, where are you? Senator Zaffirini's office. Sarah Venagaz worked in the office of my friend and desk mate Dawnna Dukes. So, I definitely hear about all of the great things she's doing. Sarah is a quick learner that (inaudible) to the office through her passion for the legislative process and her attention to details. And Representative Dukes speaks very highly of Sarah. Sarah, where are you? Benjamin Berkeley has had the opportunity to work with hard-working Representative Lois Kolkhorst's office. And she -- he certainly made his mark. He has a gift of being open minded about tough issues, speaking about them as right versus wrong, instead of the partisan right versus left. Representative Kolkhorst thinks of him as a good friend and faithful employee, and she said that several of her bills have passed this session as a direct result of Ben's excellent research. Ben, where are you? Deborah Zurika* has provided valuable support in the office of Roberto Alonzo this session. Her skill and dedication, Deborah has greatly benefited the constituents of Representative Alonzo's district, and is deserving of special recognition for her fine work. She is sure to achieve continued success in all of her endeavors. And that is Deborah Zurika*. I have the privilege of working with Matusa* Hussein, whom I had the pleasure of working as my assigned Appropriation's Committee staff member. All through the process he was able to meld his love of accounting with years of major at UTSA, with his interest in government. Matusa came to my office with unmatched enthusiasm for the Capitol experience and has always kept a smile on his face even at 6:00 o'clock in the morning for Appropriations meetings, and he's there before I get there. So, Matusa? There you are. Also had the privilege of having Michael Johnson on my staff. Michael was an exceptional young man, and he helped a critical role and played a critical role as the legislative jack-of-all-trades. Even when the House stayed until midnight and after, Michael was always the first one in the office the following day, continuing to work diligently. And it's been a pleasure to work with such a gentleman. Michael, step forward. Finally, members, just let me thank and give a personal thanks to Speaker Straus, to Representative Alonzo, Dukes, Lozano, Kolkhorst, Martinez and Menendez, as well as Senator Zaffirini, for allowing us to place these brilliant scholars in their offices. And I just want to thank you and -- we will have a special lunch for our scholars, and they will be receiving new tokens of our appreciation for their service in the Texas Legislature in this session. So thank you, members, for you indulgence.
THE CHAIR: Chair recognizes Representative Dukes for a motion.
REPRESENTATIVE DAWNNA DUKES: Madam Speaker and members, it's with great pleasure that I move to them suspend all necessary rules to take up and consider House Resolution 2525.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Following resolution, clerk will read the resolution.
THE CLERK: HR 2525 by Dukes. WHEREAS, The Honorable Ruth Jones McClendon, state representative for District 120, has established the McClendon Legislative Scholars Program at The University of Texas at San Antonio; and WHEREAS, Since 2004, the McClendon Scholars Program, which is also known as the UTSA Legislative Scholars Program, has provided students with the chance to work full-time at the State Capitol during legislative sessions; Representative McClendon worked with Dr. Richard Gambitta, director of the university's Institute for Law and Public Affairs, to create this program, which allows participants to expand their knowledge and gain firsthand experience in Texas politics and government; and WHEREAS, Representative McClendon has worked closely with UTSA and many donors to develop this prestigious program, which includes a $10,000 stipend; for the 82nd Legislative Session, she raised sufficient funds to offer this unique opportunity to 10 students, the largest class of scholars to date; by the end of this session, 26 McClendon Scholars will have successfully completed the program, and a number of its alumni have gone on to pursue careers in public service after graduation; and WHEREAS, By creating this significant initiative, Representative McClendon has enhanced the educational experience of a select group of young Texans, and in so doing, she is helping prepare a future generation of leaders; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend the Honorable Ruth Jones McClendon for her efforts in establishing and supporting the McClendon Legislative Scholars Program and congratulate her on its success; and, be it further RESOLVED, That an official copy of this resolution be prepared for Representative McClendon as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Representative Dukes.
REPRESENTATIVE DAWNNA DUKES: Move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. The resolution is adopted. Representative Martinez moves to all add all members' names. Is there any objection? Hearing none. So ordered. Chair recognizes Representative Dukes.
REPRESENTATIVE DAWNNA DUKES: Thank you Madam Speaker and members, this resolution honors and thanks my dear friend, my desk mate, my confidant, the godmother of my child, my sorority sister in LINKS, to everyone, Representative McClendon, for the work she has done to develop the McClendon Legislative Scholars Program. This year Representative McClendon provided this unique opportunity for ten students from the University of Texas at San Antonio to work at the capitol as full-time staffers. Working full-time during a legislative session is a unique hands-on legislative experience that provides students the opportunity to learn about the legislative process. Because of the efforts put forth by represent Representative McClendon, UTSA students will continue to see the opportunity to work in future legislative sessions, and learn the value of the devoting one's life to public service. Members, let us honor my dear, dear friend, Representative McClendon, for her remarkable commitment to providing additional educational opportunities for the students of UTSA, and let's be so happy today that we surprised her and circumvented the rules, and didn't allow her to know a resolution for her was moving forward. I move passage.
THE CHAIR: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Madam Speaker. Members, I echo what Representative Dukes says. I have the pleasure of sitting behind Ruthie. And we call her Queen Elizabeth, because we're all her servants in doing what she tell us to do. But her passion to bring young people to the Capitol, to learn the process, when she called me two sessions ago to see if I would take an intern, I was thrilled to do it. I've never been disappointed with the quality. And she is building future leaders. She loves Texas. She loves big, and we love Ruthie.
THE CHAIR: Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Madam Speaker. Members, Ruth, as many of you already know is the Dean of our delegation. But she just doesn't use that, or wear that, or have that title just because of the fact that she's the senior most of our delegation. She actually leads. And she leads in such a way that it's not just about bringing us together for special issues but, more importantly, for bringing our community forward. As you notice, the students who are standing on the podium behind me are students that make up a diverse background of students from all over the city, and all over the community and the state, and that she said earlier, she and Dr. Gambetta picked the best of the best. So it's not just about any kind of -- filling any kind of quotas or filling any kind of slots, it's about bringing the best and the brightest from across the spectrum of this state and help us one and all. And, Ruthie, you know, it's not about, like she said, it's not about right or left, it's about right and wrong. And she's helping make Texas a better -- And for that I want to help you in helping me -- join me in thanking her for her leadership. Thank you.
THE CHAIR: Chair recognizes Ms. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Madam Speaker. And I just want to say this resolution has not been approved by the Ruth and Resolution's Committee. So I don't know how it got up here. Well, I just want to thank -- This is, of course, a surprise. And to be given a resolution? But, let me tell you, I would not have been able to do this alone and you know that. All of you know that we cannot do stuff like this without good staff. Every session I have to have good staff to make all this come together, and we have never had a major problem since we've been doing this, never, ever, ever. Of course, we have different kinds of situations that come up. But never a major problem. Janice Lanken, who is the head and the -- what is your title? Chief of staff, in my office, is really the mother of these interns and these scholars have to -- really have to listen to what Janice has to tell them and says to them. And she is kind, and patient, and compassionate, but firm. And I want to thank Janice. Raise your hand, Janice. Thank you, Janice. Nichole is going to be in trouble, because she is my chief clerk in Rules and Resolutions and she did not let me know that this is going on. But she has also been a right hand to Janice in helping to make the scholar's experience up here in Austin great. We -- Curtis, Curtis Smith is Janice's assistant, and he has been so instrumental in working with Janice and the scholars to make sure that their lives up here in this big building has been one that they can take with them for the rest of their lives. Have I gotten all the staff? At home, we have -- When I say at home, in San Antonio, we have Marge (inaudible) who runs the district office, and she is involved with the scholars as well, as well as Linda Jackson. And even though -- even though they are in San Antonio they are almost as involved as those here in Austin. We have two interns from the University of Texas, and I think so that they are really staff members getting paid a whole lot of money, because they're supposed to work a half day, and every time I get to the office there, when I leave at night they're there; so I don't know what their hours are, but they work overtime. And that's Josh and Cory. Thank you so much. And, members, thank you again for your indulgence and helping me to honor my wonderful scholars.
THE CHAIR: Ms. McClendon, if you'll just wait here a moment. I'm going to give Nichole a head start, so you can get out (inaudible) on your own. Members, there's a notice of instruction of a privileged resolution.
THE CLERK: Notice of introduction of privileged resolution: Pursuant to House Rule 13, Section 9F, the Chair announces the introduction of HR 2482 suspending the limitations of conferees for SB 313.
THE CHAIR: Members, there's another notice of introduction of a privileged resolution.
THE CLERK: Notice of introduction of privileged resolution. Pursuant to House Rule 13, Section 9F the Chair announces introduction of HR 2546 suspending limitations on the conferees for HB 1112.
THE CHAIR: Chair recognizes Representative Burnam for a recognition.
REPRESENTATIVE LON BURNAM: Thank you and good morning, members. I hope you will join me in welcoming the volunteers and, in particular, (inaudible) Carol (inaudible) on American Islamic relations. They're here in the east gallery. This is a civic organization that has been long involved in assimilating the (inaudible) in America. They're working (inaudible) with a number of other organizations on civil rights issues. Of course, they have been involved in the monitoring of a lot of the legislation we have been dealing with in this session, and they're proud to say that a lot of it that they were concerned about didn't pass. So you're welcome to your Capitol and come again and come often. Thank you.
THE CHAIR: Chair recognizes Representative Kuempel for a recognition.
REPRESENTATIVE JOHN KUEMPEL: Thank you Madam Speaker and members. With us today we have a group from Jefferson Elementary School in (inaudible), Texas, in the east gallery. Y'all stand up so we can welcome you to your House. Thank you for being here today.
THE CHAIR: Chair recognizes Representative Strama for a recognition.
REPRESENTATIVE MARK STRAMA: Okay, members, we're about to do -- when we do congratulatory resolutions in little while, we're going to do a resolution of mine; House Resolution 2122, honoring the Concordia University Baseball Team for winning the 2011 American Southwest Conference Championship. Now, with all respect to my colleagues from Dallas, it was the University of Texas at Dallas that was the victim of Concordia's dominance in that series. But I hope you will join me in recognizing in the gallery the coach of the Concordia baseball team. I will ask him to stand up. And I'm not sure if he has any of his players with him, but I do want to recognize -- I don't know if we have -- There he is. There's our coach. We wanted to recognize you for your accomplishments this year. You don't have any of the players with you at this time? Well, tell them that we wish them the best, and congratulations. Even my colleagues from the Dallas delegation applaud y'all season. And we'll be passing this resolution honoring your team and delivering it to you later this week. Thank you. And join me in welcoming the coach of the Concordia baseball team.
THE CHAIR: Members, we are ready to begin consideration of the Congratulatory and Memorial Calendars. The following congratulatory resolutions have been withdrawn: HR 2111. HR 1994. The following congratulatory resolutions have been previously adopted. HR 2135. Chair lays out the following congratulatory resolutions. The clerk will read the resolutions:
THE CLERK: SCR 56 by Fraser. Honoring John Cowan on the occasion of his retirement from the Texas Association of Dairymen. HR 603 by Price. Commemorating Flag Day on June 14, 2011. HR 1960 by Gonzales, Veronica. Congratulating Omar Ochoa of Austin on his graduation from The University of Texas School of Law. HR 1961 by Gonzales, Veronica. Congratulating Rolando Castaneda on his appointment as chief of the Edinburg Police Department. HR 1962 by Castro. Commending Vice Admiral William H. McRaven for his distinguished service to the United States of America and congratulating him on his nomination to lead U.S. Special Operations Command. HR 1964 by Miller, Doug. Congratulating Amanda Miller on her graduation from Texas A&M University. HR 1967 by Perry. Congratulating Dr. Patrick J. Hanford on the occasion of his installation as president of the Texas Osteopathic Medical Association. HR 1968 by Gooden. Commemorating the dedication of the Terrell Veterans Memorial on Memorial Day 2011. HR 1969 by Gooden. Congratulating Billie Sue Squires of Terrell on her retirement from American National Bank. HR 1970 by Huberty. Congratulating Richard and Maureen Huberty on their 50th wedding anniversary. HR 1972 by Craddick. Honoring Baylor University women's golf coach Sylvia Ferdon on her retirement. HR 1973 by Miller, Doug. Commemorating the Gillespie County Fair and Festivals Association Barbecue Cook-off. HR 1976 by Branch. Congratulating James B. Bonham Elementary School in Dallas on its selection as a Blue Ribbon School. HR 1977 by Button. Commemorating the 51st Biennial Chinese American Citizens Alliance National Convention to be held in Houston on July 27-30, 2011. HR 1983 by Gonzales, Veronica. Congratulating Rosendo Hinojosa on his appointment as senior executive chief patrol agent of the U.S. Border Patrol Rio Grande Valley Sector. HR 1984 by Reynolds. Congratulating Constable Ruben Davis, who is celebrating 15 years of service with Fort Bend County. HR 1985 by Bonnen. Congratulating Mike and Dorothy Kight on their 50th wedding anniversary. HR 1987 by Truitt. Honoring the boys' soccer team of Carroll High School in Southlake on winning the 2010-2011 UIL 5A state championship. HR 1992 by Margo. Congratulating Michelle Holguin, Diana Pahman, and Jarisma Rodriguez of El Paso Community College for having their scientific experiment selected for the final mission of the space shuttle Endeavour. HR 1993 by Flynn. Congratulating country star and native Texan Miranda Lambert on her latest awards. HR 1995 by Hilderbran. Congratulating Clifton Fifer, Jr., on his receipt of an Outstanding Educator Award from the George Bush Presidential Library and Museum. HR 1996 by Hochberg. Honoring Beckie Driver of Houston for her longtime service in the field of adult education. HR 1997 by McClendon. Honoring Delores Ray Littlejohn George of San Antonio on her 75th birthday. HR 1998 by King, Susan. Commemorating the dedication of the William G. and Shirley Swenson Home in Abilene as a Recorded Texas Historic Landmark. HR 1999 by Callegari. Congratulating Michael Callegari on his graduation from Strake Jesuit College Preparatory. HR 2000 by Bohac. Congratulating Glad Tidings Assembly of God Church in Houston on its 75th anniversary. HR 2003 by Bohac. Congratulating Austin Leighton of Houston on achieving the rank of Eagle Scout. HR 2006 by Bohac. Recognizing the Clayton Library Center for Genealogical Research in Houston as a valuable community and state asset. HR 2015 by Bohac. Congratulating Janice Gabriel on being named the 2010 Northwest Houston Leader of the Year. HR 2018 by Hernandez Luna. Commemorating the rededication of a Texas Centennial Marker at the Lorenzo de Zavala homesite in Harris County. HR 2019 by Gonzales, Veronica. Congratulating Cynthia Leon of Mission on her swearing in as a Texas Department of Public Safety commissioner. HR 2021 by Schwertner. Commemorating the Hill Country Shoot-Out Barbeque. HR 2022 by Dutton. Congratulating Sharon Nowling Perry on the occasion of her retirement as a teacher at Port Houston Elementary School. HR 2023 by Dutton. Congratulating Michael W. Ashley of Houston on his induction into the Prairie View Interscholastic League Coaches Association Hall of Fame. HR 2025 by Dutton. Honoring Georgia Provost of Houston for her achievements and contributions to the community. HR 2027 by Anchia. Congratulating Carina Nicole Ramirez on her graduation from The University of Texas at Austin. HR 2030 by Alonzo. Commemorating the 36th annual convention of the Hispanic National Bar Association and honoring the event's host, the Dallas Hispanic Bar Association. HR 2033 by Hilderbran. Congratulating George and Mary Virginia Holekamp of Kerrville on their 60th wedding anniversary. HR 2034 by Button. Honoring Barbara Powers on earning the Silver Beaver Award from the Circle Ten Council of the Boy Scouts of America. HR 2035 by Button. Honoring Thomas Cooper on earning the Silver Beaver Award from the Circle Ten Council of the Boy Scouts of America. HR 2036 by Paxton. Congratulating Wester Middle School in Frisco on being named a School to Watch by the Texas Middle School Association. HR 2037 by Landtroop. Congratulating David Villarreal-Landtroop of Plainview Christian High School on winning a bronze medal at the 2011 TAPPS State Track and Field Championships. HR 2039 by Isaac. Honoring Miss Mae's Bar-B-Que in Wimberley on its participation in "Bar-B-Quesday" during the 82nd Legislative Session. HR 2041 by Isaac. Honoring Railroad Bar-B-Que on its participation in "Bar-B-Quesday" during the 82nd Legislative Session. HR 2043 by Bohac. Congratulating Lindsay Ann Smith and Bradley Allen Pepper on their engagement. HR 2046 by Naishtat. Honoring Robert Nunez for his service as a legislative intern. HR 2047 by Naishtat. Honoring Clay Scallan for her service as a legislative intern. HR 2048 by Naishtat. Commending Eric Leventhal for his service as an intern in the office of State Representative Elliott Naishtat. HR 2049 by Naishtat. Honoring Jessica Hoy for her outstanding service as a legislative aide. HR 2050 by Naishtat. Honoring Melanie Wilmoth for her outstanding service as a legislative aide. HR 2052 by Orr. Commemorating the 150th anniversary of the founding of the Meridian Blue Lodge Freemasons. HR 2053 by Carter. Recognizing the members of the Richardson Independent School District board of trustees for their service. HR 2054 by Carter. Congratulating Kimberly Locus on the occasion of her retirement as executive director of the Dallas County Republican Party. HR 2055 by Davis, Yvonne. Congratulating Ruth Wyrick on earning an honorary doctor of humane letters degree from Southwestern Christian College. HR 2056 by Reynolds. Honoring Missouri City mayor pro tem Brett Kolaja for his public service. HR 2057 by Reynolds. Commemorating the 2011 Sugar Land Memorial Day ceremony. HR 2058 by Reynolds. Commemorating the 2011 Fort Bend Salutes America Memorial Day event. HR 2059 by Naishtat. Honoring CommUnityCare, The University of Texas at Austin School of Nursing, and Central Health for creating a family nurse practitioner residency program. HR 2061 by Martinez Fischer. Honoring Tyler Ingraham of San Antonio for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. HR 2062 by Martinez Fischer. Honoring Irma Aguirre of Mission for her participation in the 2011 Moreno/Rangel Legislative Leadership Program. HR 2064 by Madden. Congratulating Detective Steve Boyd on being named the 2010 Officer of the Year by the Plano Police Department. HR 2065 by Madden. Honoring Chief Gregory W. Rushin for his 25 years of service to the Plano Police Department. HR 2068 by Harper-Brown. Commemorating the dedication of a historical marker at the Heritage Park depot and honoring the Irving Heritage Society on their work. HR 2069 by Thompson. Commending Mark Harris for his service on the board of the Texas Nursery & Landscape Association. HR 2070 by Munoz, Jr. Congratulating Victoria Johnson on her selection as the 2011 Mission Consolidated Independent School District Secondary Teacher of the Year. HR 2071 by Munoz, Jr. Honoring Christopher Madrid for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. HR 2073 by Munoz, Jr. Congratulating Melissa Garza on her selection as the 2011 Mission Consolidated Independent School District Elementary Teacher of the Year. HR 2074 by Parker. Honoring Texas Health Presbyterian Hospital in Flower Mound on the occasion of its first anniversary. HR 2075 by Parker. Congratulating the Flower Mound Police Department on receiving advanced law enforcement accreditation from the Commission on Accreditation for Law Enforcement Agencies. HR 2078 by Madden. Congratulating Officer Scott Kermes on being named the 2009 Officer of the Year by the Plano Police Department. HR 2079 by Madden. Honoring Jay Dalehite for his achievments as president of the Canyon Creek Homeowners Association in Richardson. HR 2080 by Ritter. Recognizing Transforming Texas Waterfronts. HR 2081 by King, Susan. Honoring Andy Cleveland on her retirement from the Abilene Independent School District. HR 2082 by Miller, Doug. Congratulating Wyman Meinzer on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. HR 2083 by Miller, Doug. Congratulating Louis M. Pearce, Jr., on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. HR 2084 by Miller, Doug. Congratulating Scooter Fries on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. HR 2085 by Miller, Doug. Congratulating Kinky Friedman on his induction into the Frontier Times Museum Texas Heroes Hall of Honor. HR 2086 by Miller, Doug. Commemorating the posthumous induction of Toots Mansfield into the Frontier Times Museum Texas Heroes Hall of Honor. HR 2087 by Miller, Doug. Congratulating the 2011 inductees of the Frontier Times Museum Texas Heroes Hall of Honor in Bandera. HR 2088 by Branch. Congratulating Randall Stephenson, chair and CEO of AT&T, on receiving the 2011 H. Neil Mallon Award. HR 2090 by Lozano. Honoring Jose Antonio Ramirez for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. HR 2094 by Allen. Congratulating Marivel Holguin on her 2011 graduation from the Texas School for the Deaf. HR 2095 by Perry. Commemorating the 100th anniversary of the founding of Slaton. HR 2096 by Reynolds. Honoring city council member Don Smith of Missouri City for his public service. HR 2097 by Reynolds. Honoring city council member Jerry Wyatt of Missouri City for his public service. HR 2098 by Reynolds. Honoring city council member Robin Elackatt of Missouri City for his public service. HR 2099 by Reynolds. Honoring city council member Bobby Marshall of Missouri City for his public service. HR 2100 by Reynolds. Honoring Mayor Allen Owen of Missouri City for his public service. HR 2101 by Reynolds. Honoring city council member Danny Nguyen of Missouri City for his public service. HR 2102 by Reynolds. Honoring Mayor Joe M. Gurecky for his many years of service to the citizens of Rosenberg. HR 2103 by Reynolds. Honoring Mayor Hilmar Moore of Richmond for his public service. HR 2104 by Carter. Honoring Dallas attorney Starlett Carter for her pro bono service. HR 2105 by Carter. Commending U.S. Army Private Heather Row for her desire to serve her country. HR 2106 by Carter. Congratulating Lanet Greenhaw of Richardson on her new position as director of education for the Dallas Regional Chamber. HR 2107 by Carter. Commending Linda Jaresh for serving as a campaign volunteer for the 2010 House District 102 election. HR 2109 by Anchia. Honoring Edgar Morales for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. HR 2110 by Anchia. Congratulating Roy R. Barrera, Sr., on the 60th anniversary of his State Bar of Texas licensure and his six decades as a practicing lawyer. HR 2112 by Harper-Brown. Congratulating the City of Irving on its receipt of a 2011 Texas Award for Performance Excellence from the Quality Texas Foundation. HR 2113 by Paxton. Congratulating the McKinney Police Department 9-1-1 dispatchers on their receipt of the 2011 Team 9-1-1 Award of Merit. HR 2114 by Margo. Congratulating Maddison Kahner Dowdy, Alejandro Marquez, Mariana Villanueva, Natalie Felsen, and Katherine Nielson from Franklin High School in El Paso for placing first in the Stock Market Game Legislative Challenge, sponsored by the Texas Council on Economic Education. HR 2118 by Workman. Congratulating J. O. and Nancy Duncan on their 60th wedding anniversary. HR 2121 by Reynolds. Honoring Joel F. Fitzgerald, Sr., for his service as chief of police in Missouri City. HR 2122 by Strama. Congratulating the Concordia University baseball team on winning the 2011 American Southwest Conference championship. HR 2123 by Christian. Commending Jonathon McClellan on his service as chief of staff to State Representative Wayne Christian. HR 2124 by Christian. Commending Brady Colby for his service as an intern in the office of State Representative Wayne Christian. HR 2125 by Christian. Commending Wesley Luke Bullock on his service as legislative director for State Representative Wayne Christian. HR 2126 by Christian. Commending Travis McCormick for his service as a legislative assistant in the office of State Representative Wayne Christian. HR 2127 by Christian. Congratulating Christopher Herrington on the occasion of his retirement as a teacher at the Martin School of Choice in Nacogdoches. HR 2128 by Christian. Commending Cameron Harley for his service as an intern in the office of State Representative Wayne Christian. HR 2129 by Christian. Honoring teacher and coach Kay Butler for her service to the Buna Independent School District. HR 2130 by Christian. Commending Gabriele Nestande for her service as an administrative aide in the office of State Representative Wayne Christian. HR 2131 by Cain. Recognizing Jarrian Roberts of Clarksville on being chosen for the Texas Association of Basketball Coaches 1A Division 1 All-State Team. HR 2132 by Cain. Honoring the fifth-grade choir of Chapel Hill Elementary School in Mount Pleasant on the occasion of its 2011 performance in the Capitol Rotunda. HR 2134 by Hilderbran. Honoring Joe Herring, Jr., of Kerrville for his contributions to his community and congratulating him on the publication of his book Home: Photographs of Kerrville. HR 2136 by Rodriguez, Eddie. Honoring Valerie Lila Danielle Vera for her participation in the 2011 Moreno/Rangel Legislative Leadership Program. HR 2137 by Deshotel. Congratulating Lamar University chief of police Dale Fontenot on his retirement. HR 2138 by Truitt. Congratulating the boys' swimming and diving team of Carroll High School in Southlake on winning the UIL 5A state championship. HR 2139 by Smith, Wayne. Congratulating the Lady Rangers water polo team of Ross S. Sterling High School in Baytown on winning the 2010-2011 TISCA state title. HR 2141 by Dukes. Honoring Juan Carlos Garcia of Dallas for his participation in the 2011 Moreno/Rangel Legislative Leadership Program. HR 2144 by Isaac. Commending Gregory R. Bentch for his service as an intern in the office of State Representative Jason Isaac. HR 2145 by Isaac. Honoring Brian C. Mitchell for his service as an intern in the office of State Representative Jason Isaac during the 82nd Legislative Session. HR 2146 by Harper-Brown. Commemorating the 25th anniversary of FigDesign in Irving. HR 2148 by Workman. Congratulating Jacob Hume on attaining the rank of Eagle Scout. HR 2149 by Workman. Congratulating Thomas Dunn on attaining the rank of Eagle Scout.
THE CHAIR: Members, the question is on the adoption of the congratulatory resolutions read by the clerk. Is there objection? Chair hears none. The congratulatory resolutions are adopted. Chair recognizes Representative Cain.
REPRESENTATIVE ERWIN CAIN: Thank you Madam Speaker, members, I'd like to direct your attention to the north gallery. We have the entire fifth grade class from the Chapter Hill Elementary School in Mount Pleasant here today to visit their Capitol. They're touring the Capitol and learning everything there is to know about politics. And, by the way, some of the most pleasant voices in Mount Pleasant, they are going to be singing in the rotunda at noon, and you're all certainly invited to go listen to them sing. So, folks, please stand up and be recognized and welcome to your Capitol.
THE CHAIR: Chair recognizes Mr. Naishtat for a recognition.
REPRESENTATIVE ELLIOT NAISHTAT: Members, I'd like to direct your attention to the south gallery. Many of us have interns and I'm pleased to say that three of my interns are with us in the gallery today, and I think they're the best interns I've ever had. So, Melanie Wilmot, who is graduating from the University of Texas Graduate School of Social Work, studying planning and policy. And Jessica Hoy, who is in the same program, the University of Texas Graduate School of Social Work, Master's Program. Policy and planning and leadership. Robert Nunez is a senior at the University of Texas, majoring in government. They have been outstanding members of my staff and my esteemed (inaudible), and I would like to publicly acknowledge them and thank them. And please join me in expressing our appreciation. Stand up. Stand up, please.
THE CHAIR: Chair recognizes Mr. Gutierrez for a motion.
REPRESENTATIVE ROLAND GUTIERREZ: Thank you Madam Speaker. Members, at this time I would like to suspend all necessary rules to take up and consider HR 2547.
THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The following resolution, clerk will read the resolution.
THE CLERK: HR 2547 by Gutierrez. In memory of Herb Carroll of China Grove.
THE CHAIR: Chair recognizes Mr. Gutierrez.
REPRESENTATIVE ROLAND GUTIERREZ: Thank you, Madam Speaker, members. At this time members, I'd like to direct your attention to the west end of the gallery where we have -- the east end, rather, where we have Pat Carroll, the wife of Herb Carroll. Herb recently passed away in our district, he was a along time Lions Club Member, stock show and rodeo volunteer, a China Grove city councilman and San Antonio businessman. He was known in a San Antonio and around Bexar County as the hat man. Herb customized Stetson hats. Mr. Carroll would become a local institution at Herb's Hats in China Grove, the shop, after retiring, from Southwestern Bell he established with his wife, Pat, with his lovely wife. So we're glad to have you, Pat. We're very sorry for your loss, he was certainly a good man in our community. We we're glad to have had him in our life. We also have, I believe, Herb's granddaughter that works in the Capitol, if I'm not mistaken. So we're very glad to have her here and we're glad to have the opportunity to honor your husband's life. Thank you very much for coming. If you could please stand so we could recognize you? Members, if we can give them a round of applause. Thank you, Pat. Thank you for coming.
THE CHAIR: Representative Gutierrez moves adoption for House Resolution 2547. This is a memorial resolution, members. Members, all in favor, please rise. The resolution is adopted. Members, we are about to go on the memorial calendar. I please ask you to take your seats. If you have conversations, please take your conversations outside the rail. The following -- the following memorial resolutions have been previously adopted: HR 2143. Chair lays out the following memorial resolutions. Clerk will read the resolutions:
THE CLERK: HR 1841 by King, Susan. In memory of former state representative David Graves Stubbeman. HR 1853 by Naishtat. In memory of Alfred Richard Castello of Austin. HR 2001 by Bohac. In memory of Madeline Cleveland Harris of Houston. HR 2002 by Bohac. In memory of Olga R. Gomez of Houston. HR 2004 by Bohac. In memory of Frank Woodruff Buckles, the last American veteran of World War I. HR 2005 by Bohac. In memory of Jean R. Ols of Houston. HR 2007 by Bohac. In memory of Camilo R. Gomez of Houston. HR 2008 by Bohac. In memory of Clara F. Santikos of Houston. HR 2009 by Bohac. In memory of native Texan Edd Kellum Hendee. HR 2010 by Bohac. In memory of Louvelle Chafin of Houston. HR 2011 by Bohac. In memory of Evelyn Petersen Cernik of Houston. HR 2012 by Bohac. In memory of Charles Henry Kadlecek of Houston. HR 2013 by Bohac. In memory of Diana Lynn Psencik of Houston. HR 2014 by Bohac. In memory of Charles Edward Grubbs of Willis. HR 2016 by Bohac. In memory of Gladys Johnson Glenn. HR 2017 by Bohac. In memory of Clymer Lewis Wright, Jr., of Houston. HR 2024 by Dutton. In memory of Marjorie Banks Ammons of Houston. HR 2026 by Solomons. In memory of U.S. Army Staff Sergeant Carlos Alonzo Benitez of Carrollton. HR 2028 by Anchia. In memory of Anthony A. Hernandez of Dallas. HR 2029 by Anchia. In memory of Joel M. Lebovitz of Dallas. HR 2042 by Madden. In memory of Diane Price of Richardson. 10 HR 2044 by Hunter. In memory of former Aransas County sheriff Bob Hewes of Fulton. HR 2066 by Quintanilla. In memory of Matilde Apodaca of Socorro. HR 2076 by Hilderbran. In memory of Barbara Esgen Stieren of San Antonio. HR 2077 by Orr. In memory of U.S. Army Staff Sergeant Bryan Burgess of Cleburne. HR 2091 by Madden. In memory of Rhonda H. Picon of Plano. HR 2108 by Dutton. In memory of Charles Edward Cheeks, Sr., of Houston. HR 2115 by Hopson. In memory of James Edgar Brown of Jacksonville. HR 2116 by Pena. In memory of Jaime J. "Bino" Zapata of Edinburg. HR 2119 by Geren. In memory of Colonel Philip J. Kuhl. HR 2143 by Darby. In memory of Hope Wilson Huffman of San Angelo. HR 2147 by Bohac. In memory of William Arnold McMinn, Jr., of Brookshire. HR 2150 by Weber. In memory of Thomas Patton Alexander, Sr., of Pearland. HR 2152 by Miller, Sid. In memory of Michael Cook Walton of Stephenville. HR 2153 by Miller, Sid. In memory of Brack Barnard Jones. HR 2162 by Quintanilla. In memory of Alfonso "Poncho" Cardenas of El Paso. HR 2168 by Gonzales, Veronica. In memory of Jaime Longoria, Jr., of Edinburg. HR 2171 by Gonzales, Veronica. In memory of Stuart Mason Wilkinson of McAllen. HR 2172 by Gonzales, Veronica. In memory of Grace Neuhaus Richards of McAllen. HR 2173 by Gonzales, Veronica. In memory of Maria Teresa "Terrie" Rabago. HR 2175 by Madden. In memory of former Plano mayor James Wyatt Edwards. HR 2178 by Truitt. In memory of Clayton Eugene "Gene" Reynolds of North Richland Hills. HR 2201 by Anderson, Charles "Doc". In memory of Jo Ann Darden of Waco. HR 2202 by Anderson, Charles "Doc". In memory of Ruby Jewel King of Robinson. HR 2205 by Anderson, Charles "Doc". In memory of Glidden D. O'Connor, Jr., of Waco. HR 2206 by Anderson, Charles "Doc". In memory of Judy Letitia Bales of Waco. HR 2208 by Anderson, Charles "Doc". In memory of Bette Pape Skinner of Waco. HR 2209 by Anderson, Charles "Doc". In memory of Julius Albert Backus of Waco. HR 2210 by Anderson, Charles "Doc". In memory of Laura Lumpkin of Waco. HR 2211 by Anderson, Charles "Doc". In memory of Margaret Sugg McNamara of Waco. HR 2212 by Anderson, Charles "Doc". In memory of Dr. Albert Ray Niederer of Woodway. HR 2213 by Anderson, Charles "Doc". In memory of Bob L. Corbitt of Speegleville. HR 2214 by Anderson, Charles "Doc". In memory of Margaret Vandever of Waco. HR 2215 by Anderson, Charles "Doc". In memory of Lewis Edwards Champ of Waco. HR 2216 by Anderson, Charles "Doc". In memory of Geraldine Howard of Waco. HR 2217 by Anderson, Charles "Doc". In memory of Ina Mae Allen of McGregor. HR 2218 by Anderson, Charles "Doc". In memory of Maria Emma Castro of Waco. HR 2219 by Anderson, Charles "Doc". In memory of James Edward Jones of Waco. HR 2220 by Anderson, Charles "Doc". In memory of Esther Hilda Schimschat of Waco. HR 2221 by Anderson, Charles "Doc". In memory of Martha Louise "Suzie" Hamilton of Waco. HR 2222 by Anderson, Charles "Doc". In memory of Mary Ann McManus of Waco. HR 2225 by Anderson, Charles "Doc". In memory of Audrey Ellen Davidson of Waco. HR 2226 by Anderson, Charles "Doc". In memory of Ruth Marie Warren of Axtell. HR 2227 by Anderson, Charles "Doc". In memory of Marion Herring of Waco. HR 2228 by Anderson, Charles "Doc". In memory of Bob Parsons of Waco. HR 2229 by Anderson, Charles "Doc". In memory of Betty Jane Dalrymple of Waco. HR 2230 by Anderson, Charles "Doc". In memory of Sam Moses of Waco. HR 2231 by Anderson, Charles "Doc". In memory of Bridger Wayne Hogan of Eddy. HR 2232 by Anderson, Charles "Doc". In memory of Ross S. Tennison of Waco. HR 2233 by Anderson, Charles "Doc". In memory of Lawrence James Tanner, Jr., of Waco.
THE CHAIR: Members, the question is on the adoption of the memorial resolutions read by the clerk. Members, these are memorial resolutions. All those in favor, please rise. The memorial resolutions are unanimously adopted. Members, the Committee on Rules and Resolutions will meet for the last time on Friday to set the last resolutions calendar for Sunday. So any resolutions that are not set on Sunday's calendar, I will suspend the rules on Monday to take them up in one motion at a time. So if you have questions, just come by my desk, and I will try to answer them for you. Thank you, members.
THE CHAIR: Members, as a reminder, this is the 136th day of the session. Before midnight Senate amendments must be distributed in the House. And tomorrow is the 137th day, which is the last day for the House to consider Senate amendments to either concur or go to conference. And on the 138th day, which is Saturday, before midnight, all House copies of all conference committee reports must be distributed. So if you've got Senate amendments or conference committee reports it's time to get 'er done. Please excuse Representative Gonzales of El Paso for important business, by Representative Mallory Caraway. Members, we're getting ready to go on the items eligible calendar. First item, members, the first item is on page one. Chair calls up House Bill 2779 with Senate amendment. The clerk will read the bill.
THE CLERK: HR 2779 by Bohac. Relating to provisions in the dedicatory instruments of property owners' associations regarding display of flags.
THE CHAIR: Chair recognizes Mr. Bohac. Chair recognizes Mr. Fletcher. Chair recognizes Mr. Deshotel.
REPRESENTATIVE JOE DESHOTEL: Yes. This bill has to do with the display of a flags in homeowners' association governed areas. Senate added an amendment that restricted the types of flags to the U.S. flag, the Texas flag and I think military flags, and I move to concur with the Senate amendments.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments. This is a record vote. Clerk will ring the bell. Show Representative Deshotel voting aye. Have all members voted? Have all members voted? We'll give you a little time, members. Have all members voted? There being 146 ayes and 0 nays, bill passes. Chair calls up House Bill 2592 with Senate amendments.
THE CLERK: HB 2592 by Truitt. Relating to notice and disclosure requirements for certain credit services organizations regarding charges and consumer borrowing; providing an administrative penalty.
THE CHAIR: Chair recognizes Ms. Truitt.
REPRESENTATIVE VICKI TRUITT: Mr. Speaker, members, we debated at great length on at issue of how the payday and auto title lending industry has come under increasing criticism based on unfair lending practices that are harmful to consumers. This bill deals exclusively with notice and disclosure requirements. It requires the posting of fee schedules, contact information for the Office of the Consumer Credit Commissioner, and a disclosure that payday and auto title loans are not intended to meet long term financial needs. The bill also requires the disclosure of the interest fees and annual percentage rate to be charged to a specific consumer at the time the loan is made. The Senate amendment to the bill enables the Finance Commission to require lenders to provide consumers with comparisons of payday and auto title loans against other forms of debt, such as credit cards, check overdrafts and late bill payments. The language the Senate put in would not require any guess work on the part of credit access businesses, but the disclosure requirements would be spelled out for them by the commissioner. Edward Martinez, in San Antonio, borrowed $1,500 from a payday lender. He has paid in more than $12,000 on it. This needs attention from this legislature. Mr. Martinez and I respectfully move that the House concur with Senate amendments.
THE CHAIR: You heard Representative Truitt's motion concurring on Senate amendment on House Bill 2592. It's a record vote, the clerk will ring the bell. Have all members voted? Have all members voted? There being 117 ayes and 28 nays, House Bill 2592 passes. Chair calls up House Bill 3268 with Senate amendments. Clerk will read the bill.
THE CLERK: HB 3268 by Lyne. Relating to permits for air contaminant emissions of stationary natural gas engines used in combined heating and power systems.
THE CHAIR: Chair recognizes Representative Lyne.
REPRESENTATIVE LANHAM LYNE: Senate did amend and (inaudible) choose not to concur.
THE CHAIR: Representative Lyne moves not to concur with Senate amendment and direct to appoint a conference committee. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct the conference committee? Chair hears none. The following conferees, the clerk will read the conferrees.
THE CLERK: House conferees conference committed on HB 3268: Lyne, Chair, Geren, Hancock, Hardcastle, King of Zavalla.
THE CHAIR: Please excuse Representative Crownover because of conference committee meeting, on a motion by Representative McClendon. Is there any objection? Chair hears none. Chair calls up House Bill 2380 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2380 by Shelton. Relating to employment by school districts of certain persons under probationary contracts.
THE CHAIR: Chair recognizes Mr. Shelton.
REPRESENTATIVE MARK SHELTON: Mr. Speaker, I move not to concur with the Senate amendments and request a conference committee.
THE CHAIR: Members, you've heard the motion not to concur with Senate amendments and request to appoint a conference committee. Is there any objection? The Chair hears none. So ordered. Are there any motions to instruct the conference committee? Chair hears none. The following conferees. Clerk will read the conferees.
THE CLERK: House conferees conference committee on House Bill 2380: Shelton, Chair, Frullo, Patrick, Reynolds, Villarreal.
THE CHAIR: Chair calls up House Bill 3859 with Senate amendments. Clerk will read the bill.
THE CLERK: HB 3859 by Laubenberg. Relating to the creation of the Club Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.
THE CHAIR: Chair recognizes Representative Laubenberg. Chair calls up House Bill 628 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 628 by Callegari. Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds.
THE CHAIR: Chair recognizes Mr. Callegari.
REPRESENTATIVE BILL CALLEGARI: Mr. Speaker, members, the Senate added some amendments, so I would like to request a conference committee.
THE CHAIR: Members, you've heard the motion not to concur and request a conference committee. Is there any objection? Chair hears none. So ordered. Members. Are there any motions to instruct? If not, the following conferees, clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 628. Callegari, Chair, Hunter, King of Parker, Lucio, Smith of Harris.
THE CHAIR: Chair calls up House Bill 2357 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2357 by Pickett. Relating to motor vehicles providing penalties.
THE CHAIR: Chair recognizes Mr. Pickett.
REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker. The Senate put on a couple of amendments that are pretty onerous, and I would move not to concur and we appoint a conference committee.
THE CHAIR: Members, you've heard the motion. You've heard the motion not to concur. Is there any objection? Chair hears none. So ordered. Are there any motions to instruct? Chair hears none. The following conferees, clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 2357. Pickett, Chair, Phillips, Bonnen, Lavender, Hunter.
THE CHAIR: Chair recognizes Representative Rodriguez for a recognition.
REPRESENTATIVE EDDIE RODRIGUEZ: Mr. Speaker, members, I want y'all to join me in recognizing Elliot Naishtat over here in the south gallery. Elliot, welcome to your House.
THE CHAIR: Chair calls up House Bill 1768 with Senate amendments. Clerk will read the bill.
THE CLERK: SB 1768 by Munoz. Relating to the regulation of roadside vendors and solicitors in certain counties.
THE CHAIR: Chair recognizes Munoz.
REPRESENTATIVE SERGIO MUNOZ: Thank you, Mr. Speaker. Members, this is a bill that we passed regarding the regulation of roadside vendors and solicitors in certain counties. The Senate made two changes with their amendment, one of then was to make sure that the -- will continue to allow Harris County to continue to apply their current law, and the other one was a clean up change requested by legislative counsel which removed with reference to the chapter heading in Section 1 of the bill, and we removed the comma from the body of the text of the bill. So I move to concur.
THE CHAIR: Members, you've heard the motion to concur. It's a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 141 ayes and 1 nay, House Bill 1667 -- 68, is finally passed. Chair calls up Senate Bill 2449 with Senate amendments.
THE CLERK: SB 2449 by Aliseda. Relating to the illegal possession of another person's ballot to be voted by mail.
THE CHAIR: Chair recognizes Mr. Aliseda.
REPRESENTATIVE ALISEDA: Mr. Speaker, members, the Senate added an amendment by Senator Shapiro that simply changes the law to only allow the voter applying for a ballot by mail to see a copy of the ballot by mail application prior an election. It would become available to inspect by the public after the election, I believe. Representative Burkett added the same amendment to another bill. So I move to concur with Senate amendment to House Bill 2449. Excuse me?
THE CHAIR: Members, you've heard the motion to concur with Senate amendment. It's a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 150 ayes and 1 nay, House Bill 2449 passes. Chair calls up House Bill 3819 with Senate amendments. Chair calls up House Bill 3828 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3828 by Hochberg. Relating to the creation of the Gulfton Area Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds.
THE CHAIR: Chair recognizes Mr. Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker and members. This is a little management district bill that's in my district. The Senate filled in some of the directors names that we had not filled in, and also provided a provision for request of the governor's office to make clear that if a tax was leved for the purpose of retiring bonds, that it would be subject to the same election provisions that any other management district would be subject to. I concur -- I move that we concur with those amendments.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments with House Bill 2838. It's a record vote. The clerk will ring the bell. Show Mr. Hochberg voting aye. Show Ms. Riddle voting aye. Members, you've got time to get to your desk to vote. Have all members voted? Have all members voted? There being 137 ayes and 2 nays, House Bill 3828 passes. Chair calls up House Bill 968 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 968 by Strama. Relating to expulsion from school or placement in a disciplinary alternative education program.
THE CHAIR: Chair recognizes Mr. Strama.
REPRESENTATIVE MARK STRAMA: Thank you, Mr. Speaker. When this bill left the House it had a provision that concerned some people about expanding the perimeter of the school by 300 feet for certain serious offenses, people were concerned about the impact that might have on somebody that might have a rifle in their car 300 feet from a school grounds that they were entitled to have. The Senate deleted that from the bill. So the concerns that some of you had about that when it was in the House have been addressed, and the Senate has improved the bill, and I move we concur with the Senate amendments to House Bill 968.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments on House Bill 968. It's a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 143 ayes and 0 nays, House Bill 968 passes. Chair lays out House Bill 1103 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1103 by Lucio. Relating to the civil and criminal consequences of certain criminal offenses involving animal cruelty.
THE CHAIR: Chair recognizes Mr. Lucio the third.
REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker. Members, this adds two simple things. One, it adds the discretion for a judge to require someone go to a pet owner responsibility course if they have -- are convicted of a crime. And the other is it allows only -- law enforcement only registry. So it will keep at list of those who violate animal cruelty law, and only law enforcement only will have access to it. No one in the public, no one on the internet, nothing like that. This is some amendments from the Senate and I will move to concur.
THE CHAIR: Mr. Miller, for what purpose?
REPRESENTATIVE SID MILLER: Gentleman yield for some questions?
REPRESENTATIVE EDDIE LUCIO: Yes, sir. I'll yield for some questions.
THE CHAIR: Mr. Lucio yields.
REPRESENTATIVE SID MILLER: Would this, Senate Bill 779 --
REPRESENTATIVE EDDIE LUCIO: I'm not exactly sure. Oh, yes, it is. I'm sorry. I have an issue with my bigger iPad, and I have a little phone to work off. I apologize. Smaller print. Yes, it is 779, but it's been altered. 779, as it was originally filed, was a public registry, and it was amended so it's partly 779 because of some stakeholders who wanted a compromise language. The compromise language said that it won't be a public registry, it would only be a law enforcement tool. So it's no longer accessible by the public, it's only accessible by law enforcement.
REPRESENTATIVE SID MILLER: Are you aware that that bill never made it out of the Senate committee, much less out of the Senate floor?
REPRESENTATIVE EDDIE LUCIO: I'm not aware.
REPRESENTATIVE SID MILLER: You know, if we're going to have people that have an offense on animal cruelty and set them up the same as sex offenders, I think we need to go to conference and leave it to (inaudible).
REPRESENTATIVE EDDIE LUCIO: This is not
(inaudible). And I don't mind doing that, but let me make clear the difference between the two. A sex offender has a public registry where you or I can go online and within a certain mile radius of our house find out how many sex offenders there are. That's open to the public. What this is --
REPRESENTATIVE SID MILLER: This is -- Does it not set up an animal cruelty registration?
REPRESENTATIVE EDDIE LUCIO: No, sir. Only -- It sets up a law enforcement registry only.
REPRESENTATIVE SID MILLER: That is a registration then.
REPRESENTATIVE EDDIE LUCIO: But it's not a public registration. So the only --
REPRESENTATIVE SID MILLER: It does -- But it does set up an animal cruelty registration, correct?
REPRESENTATIVE EDDIE LUCIO: Not, no, not the way you're explaining it, sir.
REPRESENTATIVE SID MILLER: I didn't explain it. This is just a simple question. Does it create an animal cruelty registration? I believe it does.
REPRESENTATIVE EDDIE LUCIO: It sets up a list for law enforcement only. So you or I cannot access that list, only law enforcement agencies could. And that was the compromise from people who got together and said we want something for law enforcement officers to use as a tool, but we don't want to make it accessible to the public, like sex offenders. And this is a law enforcement only.
REPRESENTATIVE SID MILLER: I would just urge you, and I think some of the other colleagues would feel the same, and take that portion out, because that was never vetted in the House or in the Senate.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments of House Bill 1103. It's a record vote. The clerk will ring the bell. Show Mr. Lucio voting aye. Have all members voted? Have all members voted? There being 63 ayes and 78 nays, the motion to concur fails. Chair recognizes Representative Lucio for a second motion.
REPRESENTATIVE EDDIE LUCIO: Alternatively , members, I'd like to go to conference with your permission. Thank you.
THE CHAIR: Members, you've heard the motion. Is there any -- Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Miller for a motion to instruct.
REPRESENTATIVE SID MILLER: Mr. Speaker and members, I would like to instruct the conferees to remove the language setting up an animal cruelty registry.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Chair calls up House Bill 2466 with Senate amendments. The clerk will read the bill. Back up, members. Chair recognizes Mr. Kuempel for a quick recognition.
REPRESENTATIVE JOHN KUEMPEL: Thank you, Mr. Speaker. Behind us in the west gallery we have a group of students, the gifted and talented group from Navarro (inaudible) Elementary School in Geronimo, Texas. Would you please help he welcoming them to their House? Thank you for being here.
THE CHAIR: Chair lays out House Bill -- Chair calls up House Bill 2466 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2466 by Phillips. Relating to the licensing and operation of motor vehicles by minors.
THE CHAIR: Chair recognizes Mr. Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you members, Mr. Speaker, members. What the Senate did was they took out a portion related to the truancy provisions regarding students, and receiving a license. There was some push back over there related to that, and so they took that out. It doesn't change the rest of it, which is great stuff to protect our teen drivers. So, with that, we'll ask to concur with the amendment. Thank you very much.
THE CHAIR: Members, you've heard the motion to concur on Senate amendments of House Bill 2466. This is a record vote. The clerk will ring the bell. Have all members voted? Show Ms. Riddle voting aye. Have all members voted? There being 140 ayes and 0 nays, House Bill 2466 is passed. Chair calls up House Bill 2277 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2277 by Eiland. Relating to the sale, exchange, or replacement of life insurance and annuity contracts.
THE CHAIR: Chair recognizes Mr. Eiland.
REPRESENTATIVE CRAIG EILAND: Mr. Speaker, members, House Bill 2277. In the Senate, they added a bill that passed out of the insurance committee two times, 9-0. Mr. (inaudible) Smithee, Mr. Hancock, myself. This passed the Senate two other times, and out of committee by Mr. Corona. And so what the amendment does is it deals with regulation of the life settlement industry. So a brief explanation of that, if you are a life insurance policy holder and you are elderly, you are chronically and you're going to die, as opposed to waiting until you die to cash in your life insurance policy you might want to settle it or sell it early. A lot of this started happening when back the AIDS epidemic hit and people bought those life insurance policies. But this is a nationwide industry. So what this bill does is it regulates between the policy owner and the life settlement company that buys that policy, it regulates that transaction. Now, you may have received some information being passed out by some unnamed sources that is critical of this bill. However, this bill does not regulate them. We had a two-hour meeting with TDI, the life insurance company associations, both the national and the state associations as well as the life settlement companies (inaudible) and tried to explain to this them this does not apply to them. So this bill involves the transaction between the policy owner, the individual, and the life settlement company. What happens after that, oftentimes, those life settlement companies will then go out to investors and try to sell shares of these policies. And that was the subject of this very unflattering front-page article from the Austin American Statesman on May 1st, and if you want to read about that part of industry, the unregulated by the insurance commissioner's side, you can get a pretty good feeling of what that is. This bill does not regulate that. Somebody needs to regulating it, the state securities board and the securities people are working on regulating that. This bill does not regulate it. The only other thing about the this portion of the bill is it is based on -- both the NAIC, the National Association of Insurance Commissioner's updated there (inaudible) model act and the Master Conference of Insurance Legislators updated (inaudible) 2007 and 2010, been adopted by about 32 states and this bill is modeled on that. So this is at national model and both life insurance trade associations support it, as well as the life settlement industry representatives.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker, does the gentleman yield?
THE CHAIR: For what purpose, Mr. Chisum?
REPRESENTATIVE WARREN CHISUM: Does the gentleman yield?
THE CHAIR: Mr. Eiland, do you yield?
REPRESENTATIVE CRAIG EILAND: Yes. I yield.
REPRESENTATIVE WARREN CHISUM: Mr. Eiland, we've been dealing with this issue for more than ten years in this legislature. Is this what they used to call (inaudible) settlement and now they call it a life settlement, which is basically the same product with some changes. And there's always been some bad actors. And I guess you're going after those bad actors that are in that business under this national model (inaudible) make up.
REPRESENTATIVE CRAIG EILAND: Yes.
REPRESENTATIVE WARREN CHISUM: To comply with other states that have successfully addressed this.
REPRESENTATIVE CRAIG EILAND: And one thing that we have to be particularly careful about in Texas is because the law was changed several years ago that dealt with whether or not you had to have an insurable interest, most states have a very strong insurable interest, which means if you're going to buy a life insurance policy on an individual you have to have an insurable interest in their life and a reason to buy it, even if you're not the individual. So like by
(inaudible) life insurance if you are a business partner. But Texas has a very loose definition, which kind of makes Texas an open market for some of these people, especially on the unregulated side.
REPRESENTATIVE WARREN CHISUM: And hasn't the court long helped that an insurance policy is the personal property, and so they actually have the right to sell them -- an individual does, so they have the right to get in the market, but this makes sure that they're treated fairly in the market and not -- if it is traded as a stock it --
REPRESENTATIVE CRAIG EILAND: We're trying to protect that property right that you have as a life insurance policy holder, that you have the right to transact it and we are regulating that to some extent because the people selling the policies are either very elderly or critically ill.
REPRESENTATIVE WARREN CHISUM: Thank you.
THE CHAIR: Mr. Miller, for what purpose?
REPRESENTATIVE DOUG MILLER: Mr. Speaker? Would the gentleman yield?
THE CHAIR: Mr. Eiland, would you yield? Gentleman yields.
REPRESENTATIVE DOUG MILLER: Craig, you're familiar with retirement values, aren't you?
REPRESENTATIVE CRAIG EILAND: Yes.
REPRESENTATIVE DOUG MILLER: And they're one of those bad actors, aren't they?
REPRESENTATIVE CRAIG EILAND: They're apparently -- the retirement value was the subject of a lawsuit by the state securities board, been in the papers here locally quite a bit, and they may be one of the bad actors.
REPRESENTATIVE DOUG MILLER: And your bill is, if I understand it, is to address bad actors like the folks over at retirement values?
REPRESENTATIVE CRAIG EILAND: To the extent that we can regulate. The life insurance policy, as it exists between the when the owner has and it goes to a life (inaudible) company, that is what we're regulating, the standard we're setting, to prevent -- what's called (inaudible) stranger originated life insurance policies. What we're not regulating in this bill is once the life settlement company has it, that security transaction to investors, and that is -- somebody needs to regulate that, and somebody needs to keep an eye on that very closely, because that's when individual investors come along and buy a piece of that policy and they could be taken advantage of, especially like if the life expectancy is wrong, and you think that somebody going to die in four year and actually they are going to die in ten, and you actually invest in that, that's not a good investment.
REPRESENTATIVE SID MILLER: Now, you do that through the state's securities commission, don't we?
REPRESENTATIVE SID MILLER: That's correct.
REPRESENTATIVE DOUG MILLER: And those are the people that are going after retirement values?
REPRESENTATIVE CRAIG EILAND: Correct.
REPRESENTATIVE DOUG MILLER: Now, I heard you mention in the conversation with Representative Chisum, you know, part about the life insurance, and I think you would agree that there are good actors out there, people that doing the right thing by people here in Texas; is that right?
REPRESENTATIVE CRAIG EILAND: That's correct. There are good actors and those are the people that register with Texas Department of Insurance and want to have the laws and they just want to make sure that they're updated and a national norm.
REPRESENTATIVE DOUG MILLER: You know, I used to be in the life insurance -- or do a lot more life insurance than I do today, and the fact is that I heard your comment about the life insurance, that Texas is unique. But the fact that there are some times that there are other options should be available, and I agree with you that they need to be highly regulated. So thank you for your bill.
REPRESENTATIVE CRAIG EILAND: Thank you. I move to concur with Senate amendment.
THE CHAIR: Members, you've heard the motion to concur on Senate amendments on House Bill 2277. This is a record vote. The clerk will ring the bell. Show Mr. Eiland voting aye. Show Mr. Chisum voting aye. Have all members voted? Have all members voted? There being 134 ayes, 7 nays, House Bill 3277 is passed. Excuse Representative Christian because of important business, on the motion of Representative Huberty. Chair calls up House Bill 2663 with Senate amendments. Clerk will read the bill.
THE CLERK: HB 2663 by Chisum. Relating to the effect of rules and standards adopted by the Railroad Commission of Texas relating to the liquefied petroleum gas industry on ordinances, orders, or rules adopted by political subdivisions relating to that industry.
THE CHAIR: Chair recognizes Mr. Chisum.
REPRESENTATIVE WARREN CHISUM: I move to call up 2663 with Senate amendments.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments. Back up, members. Chair recognizes Mr. Chisum.
REPRESENTATIVE WARREN CHISUM: I thought i had to call it up. But 2663 is the bill that we had that -- that regulated -- let the Texas Railroad Commission regulate the installation of propane products in the State of Texas. We put -- The Senate put an amendment in there that local municipalities could, with the assistance of the Railroad Commission, make some changes with that if they thought it would be a better safety product for their people, and that's the only change in the bill.
REPRESENTATIVE JOHN OTTO: Mr. Speaker?
THE CHAIR: Mr. Otto?
REPRESENTATIVE JOHN OTTO: Would the gentleman yield for a question?
THE CHAIR: Mr. Chisum, will you yield?
REPRESENTATIVE WARREN CHISUM: I will, Mr. Speaker.
REPRESENTATIVE JOHN OTTO: Mr. Chisum, is this bill with the amendment something that a railroad commissioner would be in favor of?
REPRESENTATIVE WARREN CHISUM: The new ones will be.
REPRESENTATIVE JOHN OTTO: Okay. Thank you.
THE CHAIR: Okay. Members, you heard the motion to concur with Senate amendments of House Bill 2663. It's a record vote. The clerk will ring the bell. Show Mr. Chisum voting aye. Have all members voted? Have all members voted? There being 144 ayes, 0 nays, 2 present not voting; house Bill 2663 passes. Chair calls up House Bill 3647 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3647 by Turner. Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.
THE CHAIR: Chair recognizes Mr. Turner.
REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Speaker and members, this is the miscellaneous claim, settlement and judgment bill that is filed every session. These are the outstanding bills that we have not paid. In the Senate, the Senate -- Senator Ogden added an amendment that was -- he added one more miscellaneous claim to this particular bill. It is a claim the state entered into a contingency contract with the law firm and which -- on medicaid fraud, and it was two lawsuits that they entered into. The state received two awards, $23 million in one medicaid fraud case and in the second fraud case the state received 51.3 million dollars. This was an outside counsel hired by the attorney general for the medicaid fraud case. The amount does not cause HB 1 -- it has been -- the money's been set aside in an expense account in the Comptroller's office, and this claim is for legal fees that are owed as a result of those two medicaid fraud lawsuits. I move to concur with the Senate amendments.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments of House Bill 3647. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 139 ayes, 1 nay, House Bill 3647 passes. Members, this is a notice of introduction of a privileged resolution. Pursuant to House Rule 13, Section 9S, the Chair announces introduction of HR 2546 suspending the limitations on the conferees for House Bill 1112.
REPRESENTATIVE JOE STRAUS: Chair calls up a conference report on Senate Bill 316. Clerk will read the report.
THE CLERK: Conference committee report SB 316.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Mr. Speaker members, if I can have your attention for a moment on the conference committee report on Senate Bill 316. I am going to make a motion that I think is a fairly rare motion. But here is the -- Here is the story: Senate Bill 316 is the bill that we had a good conversation about with respect to asset forfeiture seizures by your local prosecutors and mine. While we were on the floor in debate Mr. Fletcher added several amendments to the bill which, frankly, I think are very good public policy and very positive. The Senate, in conference, had expressed an interest in keeping their bill clean. And those of you who know me know that I tend a work with authors and I tend to defer greatly to the judgment of my fellow members. Well, here's the difference. Later on it became apparent that Mr. Fletcher's amendments, which were allegedly acceptable to the Senate, then not acceptable to the Senate, then they were acceptable, and then they're not acceptable again. So I want to give the Senate committee an opportunity to make up its mind with respect to what should or shouldn't be in this conference committee report. So under Rule 13, Section 13, we have an opportunity to decline to adopt the conference committee report and go back to conference. And I will tell you that it is rarely done, but I think it's very important. It's a huge issue. It's something that will help law enforcement tremendously and it has to be done right. And, further, I will also tell you that I think it's very important to maintain the -- the integrity of the House and its amendments. I don't particularly appreciate -- Those of you who know me know that I am very process oriented and very protective of the institution as a whole, and so the idea that you would impugn the integrity of a member or of this institution of the House is really abhorrent to me, especially if you would do that in a public fashion. So I would move that we not adopt and not accept the conference committee report on Senate Bill 316.
REPRESENTATIVE JOE STRAUS: Members, Representative Gallego moves not to accept the conference committee report. It's a record vote. The clerk will ring the bell. Show Representative Fletcher voting aye. Show Representative Fletcher voting aye. Show Representative Riddle voting aye. Have all voted? There being 146 ayes and 0 nays, the motion is adopted.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Pursuant to Rule 13, Section 13, I would now move to recommit this bill, Senate Bill 316, to the same committee with the request for further consideration.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gallego. Mr. Fletcher? Chair recognizes Representative Fletcher for a motion.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker, members, I make the motion to instruct the conferees to keep our amendments on the bill. My amendments on the bill.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair calls up House Bill 3819 with Senate amendment.
THE CLERK: HB 3819 by Crownover. Relating to the creation of the Valencia Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Crownover.
REPRESENTATIVE MYRA CROWNOVER: I move to concur with Senate amendments. What this amendment does is it gives TCQ oversight over the bonds of the municipality management district.
REPRESENTATIVE JOE STRAUS: Representative Crownover moves to concur with Senate amendments to House Bill 3819. It's a record vote. The clerk will ring the bell. Have all voted? There being 146 ayes, 0 nays, House Bill 3819 is finally passed. Members, this is a notice of introduction of privilege. Privileged motion.
THE CLERK: Notice of introduction of privileged resolution. Pursuant to House Rule 13, Section 9S, the Chair announces the direction of HR 2550 the suspend the limitation of the conferees for HB 1517.
REPRESENTATIVE JOE STRAUS: Excuse Representative Crownover because of a committee meeting, on the motion of Representative McClendon. Is there objection? Chair hears none. So ordered. Mr. Rodriguez? Representative Thompson? Representative Gonzales of Hidalgo. Chair recognizes Representative Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker. I move to honor the Senate request of the appointment of conferees on SB 89.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Are there any motions to instruct the conferees? If not, the clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 89: Rodriguez, Chair, Hughes, Miles Isaac, Lozano.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gonzales.
REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker. Members, I also wish to honor the request of the Senate for a conference committee on Senate Bill 156.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, are there any motions to instruct? If not, the clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 156: Gonzales of Hidalgo, Chair, Coleman, John Davis of Harris, Kolkhorst, Zerwas.
REPRESENTATIVE JOE STRAUS: Mr. Orr on the floor of the House? Chair recognizes Representative Orr.
REPRESENTATIVE ROB ORR: Mr. Speaker, members, I move to concur with the Senate to put together a conference committee.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none so ordered. Are there any motions to instruct? If not, the clerk will read the following conferees.
THE CLERK: House conferees conference committee on SB 249: Orr, Chair, Anchia, Flynn, Legler, Truitt.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Larson.
REPRESENTATIVE LYLE LARSON: Mr. Speaker, members, I move to grant request of the Senate to a appoint a conference committee on Senate Bill 958.
REPRESENTATIVE JOE STRAUS: Are there any motions to instruct? If not, the clerk will read the following conferees.
THE CLERK: House conferees conference committee on Senate Bill 958: Larson, Chair, Guillen, Kuempel, Price, Rodriguez.
REPRESENTATIVE JOE STRAUS: Members, we're working through the Senate bills that came over from last evening. We're now at a stopping point on the items that are eligible currently. We're working on the paperwork so that the conference committee can be appointed. So, we're going to take a lunch break until -- Our lunch break will be until 3:00 o'clock. The House will stand in recess until 3:00 p.m.
(The House stands in recess.)
REPRESENTATIVE JOE STRAUS: The House, come to order. Chair announces the signing of the following in the presence of the House.
THE CLERK: HB 149, HB 338, HB 343, HB 364, HB 1412, HB 447, HB 528, HB 534, HB 577, HB 588, HB 654, HB 692, HB 737, HB 787, HB 890, HB 943, HB 963, HB 990, HB 1060, HB 1070, HB 1115, HB 1129, HB 1144, 1148, HB 1163, HB 1226, HB 1236, HB 1274, HB 1305, HB 1315, HB 1486, HB 1499, HB 1510, HB 1515, HB 1942, HB 1964, HB 1992, HB 2098, HB 2120, HB 2160, HB 2170, HB 2195, HB 2223, HB 2280, HB 2292, HB 2325, HB 2425, HB 2472, HB 2604, HB 2619, HB 2632, HB 2725, HB 2729, HB 2872, HB 3993, HB 3145, HB 3767, HB 3270, HB 3236, HB 3410, HB 3439, HB 3578, HB 3727, HB 3788, HB 3796, HB 3823, HB 3829, HB 3836, HB 3862, HB 3864, HCR 24, HCR 86, HCR 130, HCR 153, HJR 109, SB 19, SB 29, SB 43, SB 156, SB 233, SB 234, SB 256, SB 257, SB 422, SB 449, SB 461, SB 471, SB 481, SB 489, SB 554, SB 577, SB 578, SB 609, SB 627, SB 650, SB 682, SB 735, SB 791, SB 792, SB 799, SB 864, SB 889, SB 898, SB 900, SB 901, SB 959, SB 956, SB 967, SB 1020, SB 1030, SB 1044, SB 1046, SB 1106, SB 1133, SB 1167, SB 1166 -- 76, SB 1231, SB 1273, SB 1308, SB 1322, SB 1330, SB 1342, SB 1358, SB 1438, SB 1441, SB 1480, SB 1484, SB 1493, SB 1521, SB 1522, SB 1557 SB 1596, SB 1681, SB 1737, SB 1787, SB 1789, SB 1807, SB 1812, SB 1857, SB 1875, SB 1880, SB 1915, SB 1928, SCR 51, SCR 35.
REPRESENTATIVE JOE STRAUS: Excuse Representative Castro because of important business on the motion of Representative Quintilla. Is there objection? Chair hears none. So ordered. Pursuant to House Rule 13, Section 9-F, chair announces the introduction of House Resolution 2558 suspending the limitations to conferees for House Bill 1. Chair calls up House Bill 2761 with Senate amendments.
THE CLERK: HB 2761 by Garza. Relating to the operation of property owners associations.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Garza. Is Mr. Isaac on the floor of the House? Chair calls up House Bill 2594 with Senate amendments.
THE CLERK: HB 2594 by Truitt. Relating to the licensing and regulation of certain credit services organizations and the regulation of certain extensions of consumer credit obtained by those organizations or with regard to which the organizations provide assistance; providing an administrative penalty.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker. Members, House Bill 2594 sets up licensing and oversight of credit access businesses, the credit service organizations making payday and title loans. The Senate added a number of amendments to the bill. The first amendment clarified that each pay day storefront, rather than each pay day company, was required to participate in the Texas Financial Education Endowment that is established in the bill. The amendment also includes language that the financial education endowment funds don't get swept in the Appropriations process. The Second Amendment addressed concerns that the somewhat narrow definition of the deferred transaction (inaudible) in section 341.001 of the finance code would affect current lending practice under Chapter 393. This change does not expand current law or remove any limitations on loan products that currently exist on Chapter 393. The third amendment addressed concerns raised by the various consumer advocate groups involved in negotiating this bill. It clarifies that payday lenders may continue to operate under under their current fee structure but removes references to usury law provisions. That was a concern here in the House and the Senate actually improved that. It also clarifies that while nothing in this legislation establishes authority for the finance commission to institute a rate cap, nothing in this legislation precludes such authority, with changes based on concern from consumer advocates that the bill, in its current form, establishes a blanket prohibition on the finance commission having such authority. These Senate amendments were an agreed to package involving industry and consumer advocates. I would like to thank Senator Corona and his staff for their fine work in continuing the spirit of collaboration on which these bills were originally built. And, Mr. Speaker, I move to concur with Senate amendments.
REPRESENTATIVE JOE STRAUS: Representative Truitt moves to concur with Senate amendments on House Bill 2594. It's a record vote. The clerk will ring the bell. Show Representative Aycock voting aye. Have all voted? There being 103 ayes and 5 nays, House Bill 2594 is finally passed. Madam Doorkeeper?
DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
REPRESENTATIVE JOE STRAUS: Admit the messenger.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following actions, the senate has passed the following measures:
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker. Members, I want to introduce you to some very wonderful students from one of the greatest schools in Irving. The children, the students and faculty and parents from Valley Ranch Elementary, would you all please stand? Please help me welcome them to their Capitol.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Members, could I get your attention, please? Members, Mr. Speaker and members, I would like to take a moment to recognize a very special group in the gallery. This is the staff of the House Research Organization. On behalf of myself and our vice chair, Jose Menendez, as many of you know, HRO is a nonpartisan independent department of the Texas House. During the session they have published a daily report that includes and analysis of all legislation. Each bill analysis consists of a digest of the bills provisions, background and arguments for and against the bill, and additional pertinent information. I'd like an indication, if some of you would indicate if some of you ever use the HRO, so I want the staff to know. If you can raise your hand and let us know that you've used it, if anybody's paid attention. Please give us you your attention. Thank you. I think everybody acknowledges that they use this thing very -- I will. The work they do is invaluable and I did want to take a moment and recognize and thank them. I also want to thank the HRO director, Tom Whatley, for his 30 years with the House Research Organization, twenty-five of which he has served as director. I would like for all of you to stand up, please. They're in the north gallery here. I'm going to try to introduce all of their names so, guys, you all bear with me if I miss a name. Of course, Tom Whatley is the director. Raise your hand when I mention your name. Tom is in back there. Tom, thank you for everything you do. You do a great job. Laura Hendrickson, director. Rita Barr, office manager and senior analyst. Elizabeth Paukstis, associate editor. Julie Nieto, administrative clerk. Our analysts are Catherine Dilger, Kellie Dworaczyk, Tom Howe, Andrei Lubomudrov, Blaire Parker. Our session analysts are Kat Closmann, Lauren Dooley, Julia Montgomery, Phillip Parker, Melissa Shannon, Ari Witkin, Tanikqua Young, Kristie Zamrazil and Elissa Zlatkovich. Again, I want to thank all of you for the great job that you do. And I want you to know that we do depend very heavily on your HRO information and we just want to recognize the great job that you do for the Texas House of Representatives and for the State of Texas. Members, let's please give them a hand. In fact, stand up and give them a standing ovation. Thank y'all very much for what you do for us.
REPRESENTATIVE JOE STRAUS: Chair calls up House Bill 1517 with Senate amendments.
THE CLERK: HB 1517 by Isaac. Relating to the disposition of fines for traffic violations collected by certain municipalities.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Isaac.
REPRESENTATIVE JASON ISAAC: Thank you, Mr. Speaker and members, I move not to concur with Senate amendments and seek the appointment of a conference committee.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion not to concur on Senate amendments on House Bill 1517. Is there any objection? Chair hears none. So ordered. Are there any motions to instruct the conferees? If not, the clerk will read the conferees.
THE CLERK: House conferees for conference committee on House Bill 1517: Isaac, Chair. Kleinschmidt, Lozano, Phillips, Rodriguez.
REPRESENTATIVE JOE STRAUS: Chair calls up House Bill 2761 with Senate amendments.
THE CLERK: HB 2761 by Garza. Relating to meetings, elections, and records of certain property owners' associations.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Solomons.
REPRESENTATIVE SOLOMONS: Thank you, Mr. Speaker. Members, Mr. Garza has not been able to return back from San Antonio yet, so he asked me to concur for him. This is the -- This is part of Mr. West's bill, who was done individually by Mr. Garza. Mr. West, and I have talked to Mr. West and Mr. Garza and we had a meeting, and there was some stuff in the bill that we've all agreed to that basically was Mr. West's issues. When -- and what -- I didn't have much difference with some of those issues at all, and the most important thing that was corrected was in Mr. Garza's bill originally he had allowed for an assessment lien so that you could actually foreclose on that assessment lien. And in this particular bill one of the amendments dealt with the fact that that lien for records would not be foreclosable for sole reason. And that's satisfactory with Mr. Garza and myself, Mr. West, and I would move to concur.
REPRESENTATIVE JOE STRAUS: Representative Solomons moves to concur on Senate amendments to House Bill 2761. It's a record vote. The clerk will ring the bell. Have all voted? Have all members voted? Have all voted? There being 62 ayes and 77 nays, the motion fails. Chair recognizes Representative Bonnen.
REPRESENTATIVE DENNIS BONNEN: Mr. Speaker, members, I move to suspend all necessary rules to take up and consider House Resolution 2569.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out the following resolution.
THE CLERK: HR 2569 by Bonnen. Congratulating Tabbetha DuBois and Austin Powers on their wedding.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Bonnen.
REPRESENTATIVE DENNIS BONNEN: I don't know if any of you were paying any attention but yes, it is Austin Powers who is getting married. Yes. The young man who has lived an unfortunate life with the name of Austin Powers that was given to him before the movie ever came out, so there was no joke on his parent's part. But then the joke came along. But Austin Powers is a longtime family friend of my family, and he's marrying a beautiful young lady, Tabbetha, and we're very excited for them and I move passage.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Bonnen.
REPRESENTATIVE DENNIS BONNEN: Mr. Speaker members, I move to suspend all necessary rules to take up and consider House Resolution 2570. This is a memorial resolution.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out the following memorial resolution. Members, please take your seats.
THE CLERK: HR 2570 by Bonnen. In memory of Dr. J. H. Bertheau of Lake Jackson.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Bonnen.
REPRESENTATIVE DENNIS BONNEN: Mr. Speaker members, this is, as you heard, a resolution for Dr. Bertheau of Lake Jackson, Texas. He was a good friend of mine, and an outstanding doctor. I think in a community like mine, Lake Jackson, Angleton, Brazos area, I think the most telling thing is how you're respected and how you're viewed and what impact you have made is what happens in your passing. And when Dr. Bertheau died fairly unexpectedly last year it was front page news of the local newspaper, and I think that only speaks to the impact and the impression that he made upon our community. He was beloved by all who came across him, he was one of the finer doctors we had in our community, and I'm proud that he was my friend and I'm proud that he would come to Austin and serve as doctor of the day and would be kind enough to share lunches and his advice with me. But I move passage to honor the amazing life of the Dr. Bertheau, my friend and supporter from Lake Jackson, Texas.
REPRESENTATIVE JOE STRAUS: Members, this is a memorial resolution. All those in favor, please rise. The resolution is unanimously adopted. Chair calls up House Bill 3 with Senate amendments.
THE CLERK: HB 3 by Thompson. Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.
REPRESENTATIVE JOE STRAUS: Ms. Thompson? Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, the Senate put an amendment on the bill that the House is not going to accept. And I would ask for permission to go to a conference committee, ask for conference committee and refuse -- I apologize. HB 3, the Senate changed and it only made the charges applicable to aggravated sexual assault. I move to concur on Senate amendments.
REPRESENTATIVE JOE STRAUS: Members, Representative Thomas moves to concur with Senate amendments House Bill 3. It's a record vote. The clerk will ring the bell. Have all voted? There being 140 ayes and 2 nays, House Bill 3 is finally passed. Chair calls up House Bill 2207 with Senate amendments.
THE CLERK: HB 2207 by Olivera. Relating to the authority of the board of trustees to set rates for certain municipal utility systems.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Oliveira.
REPRESENTATIVE RENE OLIVEIRA: Thank you, Mr. Speaker. Members, House Bill 2207 was amended in the Senate. This bill deals only with municipality owned utility systems in certain cities, and the amendment in the Senate applies only to San Antonio. And it would allow them to have a fund to aid low income residents in paying their utility bills. Obviously, the other owned water and waste water utilities can do this. San Antonio wants to do it and that's all it does. And therefore I move to concur with Senate amendments to House Bill 2207.
REPRESENTATIVE JOE STRAUS: Representative Olivera moves to concur with Senate amendments on House Bill 2207. It's a record vote. The clerk will ring the bell. Show Representative Sheffield voting aye. Have all voted? Being 142 ayes and 0 nays, House Bill 2207 is finally passed. Chair calls up House Bill 1386 with Senate amendments.
THE CLERK: HB 1386 by Coleman. Relating to the public health threat presented by youth suicide and the (inaudible) associated with discrimination, bullying and cyber bullying.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Coleman.
REPRESENTATIVE GARNET COLEMAN: Thank you very much Mr. Speaker. Again, I was talking to another member. This is House Bill 1386, and there is a Senate amendment as well as some changes to the bill that greater instruct the intent that parents are the individuals that look out for the needs of their children. I worked with Senator Shapiro's office and they helped clean up some of the language that make it clear in all language, that that was -- that is the intent of the bill. There's also an amendment that came from Senator Van de Putte that includes licensed and marriage -- licensed marriage and family therapists who list the qualified professionals eligible to be hired by a school district. This has nothing to do with the material subject of the bill that we sent over. This is a bill that was filed in committee, passed out of the Senate, and it just allows those professionals to be on the list with psychologists in other -- associate school psychologists goes to work, who speech language pathologist as providers that can in a public school setting in the counseling office. And that's what the amendments' do. I'd be happy to me speak with Chairwoman Kolkhorst.
REPRESENTATIVE JOE STRAUS: Gentleman yields.
REPRESENTATIVE LOIS KOLKHORST: Mr. -- Thank you, thank you, Mr. Speaker. Chairman Coleman, just a couple of questions on the addition. I want to thank you for your hard work on this bill. My questions are on the amendment, which is really Senate Bill 1349, I believe.
REPRESENTATIVE GARNET COLEMAN: That's correct.
REPRESENTATIVE LOIS KOLKHORST: Just to clarify what she added in those lists, do you -- does this apply to private institutions?
REPRESENTATIVE GARNET COLEMAN: No, it does not.
REPRESENTATIVE LOIS KOLKHORST: The question I had, just from rural school districts, you know, sometimes we have folks like pastors or other staff members, or -- that will counsel the students. This bill, as I understand it, the amendment adds to list the licensed family -- marriage and family therapist, and it has a grandfather clause. But in the future could other volunteers help in that role?
REPRESENTATIVE GARNET COLEMAN: Yes. They're not subject to this, and I think the confusion is that licensed and marriage -- licensed marriage and family therapists are a class of providers just like a psychologist, a doctor, an APN. And this not saying that others are excluded from providing those volunteer services, wherever -- wherever they may come from if that school district wants that. But it says that this professional therapist or counselor is included to be able to serve in those capacities in the school district. So nothing in this mandates that a district hire a licensed marriage and family therapist, nor does it stop them, and should not, from having community volunteers that may do the same work in their church.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Chairman. Mr. Speaker? May I have the exchange between Chairman Coleman and I reduced to writing and placed until the journal for legislative intent? Thank you, Mr. Chairman.
REPRESENTATIVE GARNET COLEMAN: Thank you, Representative Kolkhorst. Thank you for your assistance. So anyone who, you know, had some thoughts about those issues in the whole bill, about parents and their -- their rights working with Senator Shapiro's staff, they actually made it very, very clear -- clearer when which I. Appreciate it very much. So, with that, I move passage. Concur with Senate amendments and move passage.
REPRESENTATIVE JOE STRAUS: Representative Coleman moves to concur with Senate amendments, House Bill 1386. It's a record vote, the clerk will ring the bell. Have all voted? There being 111 ayes and 32 nays, House Bill 1386 is finally passed. Chair calls up House Bill 2761 with Senate amendments.
THE CLERK: HB 2761 by Garza. Relating to the operation of property owners associations.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: Members, Mr. Speaker, members, we just on Bill 2761 we just had a vote to basically not be able to concur. And I -- I talked to Mr. Garza a just a few minutes ago and he was very disappointed. There was some -- I think that is lot of misperception, and I don't think the Texas Conservative Coalition report is correct, because what basically happened was that really the information that was in there was the same as passed out of the Senate. It was in Mr. King's amendment. It has been kind of agreed to. I don't have a big problem with this particular section, anyway. The biggest problem with Mr. Garza's bill was that it doesn't allow -- it actually allowed for assessments to be foreclosed on when they were in connection with just getting records. Mr. West fixed that, and everybody's in agreement with that. So since we had a motion to concur, unless I can get somebody that's on the side to move to reconsider, then Mr. Garza asked me to at least ask you to try to let him go to conference. And even though those other items are agreed to, let him at least fix the bill at least down to that level of the original bill. But the things that were added were all in agreement. That wasn't the big problem. And so I think that even though the Texas Conservative Coalition report tells you not to support it, it is misinformed. And I know if Mr. Garza was standing here maybe some of you would feel better about that, but all we're trying to do is fix something that's been in agreement now.
REPRESENTATIVE JOE STRAUS: Ms. Harper Brown, for what purpose? REPRESENTATIVE LINDA HARPER-BROWN: Mr. Speaker, will the gentleman yield for a question?
REPRESENTATIVE JOE STRAUS: Mr. Solomons, do you yield?
REPRESENTATIVE BURT SOLOMONS: Yes, I do. REPRESENTATIVE LINDA HARPER-BROWN: Mr. So lomons, isn't the language that's in the bill right now without going to conference, isn't that agreed upon by the various homeowners associations?
REPRESENTATIVE BURT SOLOMONS: Yes. REPRESENTATIVE LINDA HARPER-BROWN: So the best thing that we could do, because this has been worked on, this bill has been worked on with the people that are affected by homeowners associations and the homeowners associations themselves; is that correct?
REPRESENTATIVE BURT SOLOMONS: Yes. And most of -- most of that really wasn't a problem for me. And the little, little, little bitty things, yeah, it's okay. It's still a marked improvement and it doesn't hurt the homeowners association management companies in that -- it has nothing to do with (inaudible). It doesn't have anything to do with that. It's just literally about some -- some what -- what everybody kind of agreed to on Wes' bill anyway. REPRESENTATIVE LINDA HARPER-BROWN: And so since the -- because TCC, I know that they're saying the Senate amendments apply to all property owners associations, those property owners associations were actually at the table and they agreed to this language as it is right now, if you will concur?
REPRESENTATIVE BURT SOLOMONS: Yes, I mean, you know, if it was a bunch of changes that members thought I was doing, or there was a problem -- that's not the point. Mr. Garza and I spent a half hour with Mr. West yesterday going over what he had done in there to ensure that it sort of made sense. And the only one particular problem was fixed in agreement about the -- that the assessment lien that was being placed on property, if you obtained records and didn't pay that, that by itself, solely, could not be used for foreclose. And Mr. West, all the parties, including me, is fine with that. REPRESENTATIVE LINDA HARPER-BROWN: And so Mr. Solomon, can we -- are you going to try to concur --
REPRESENTATIVE BURT SOLOMONS: I think somebody's has asked for a motion to -- will ask for a motion to reconsider the vote. Because I think that there's some misperception about all of this now after the big debate we had and who agreed to what. REPRESENTATIVE LINDA HARPER-BROWN: Okay. Thank you.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Simpson.
REPRESENTATIVE DAVID SIMPSON: Thank you, Mr. Speaker. I'd like to make a motion that we reconsider House Bill 2761's vote to concur with Senate amendments.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion to reconsider. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker, members. Once again, I think Ms. Harper-Brown sort of indicated, and it was maybe made a little clearer than what I had mentioned at the beginning, and what I had any concerns that somehow I was putting things in there or there was a problem. These are all agreed to things in connection with Mr. Garza's bill, which was a good bill, except it had a particular issue. We actually passed it off with the changes that we had done before to ensure that you could not foreclose just on that basis. Now we have a provision on that and the other changes made in that bill are all agreed to, so if anybody's at all concerned the management companies, homeowners, title companies, attorneys, everybody -- It doesn't have anything to do with the other issues of some concern. And Mr. Garza's worked very hard on this, and I do think in this particular instance there maybe some confusion on the part of the Texas Conservative Coalition on whether what's agreed to or not.
REPRESENTATIVE JOE STRAUS: Ms. Harper Brown, for what purpose? REPRESENTATIVE LINDA HARPER-BROWN: Mr. Speaker, will the gentleman yield for some questions?
REPRESENTATIVE JOE STRAUS: Mr. Solomons, do you yield?
REPRESENTATIVE BURT SOLOMONS: Certainly. REPRESENTATIVE LINDA HARPER-BROWN: Mr. So lomons, would I -- I think you might be interested in knowing -- would you be interested in knowing that TCC now has rescinded their do not concur and they are recommending to concur. I just spoke with TCC on the phone.
REPRESENTATIVE BURT SOLOMONS: I'm glad, because I don't have their number and you apparently do, and I appreciate it.
REPRESENTATIVE JOE STRAUS: Question is not to concur --
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker? I'm sorry.
REPRESENTATIVE JOE STRAUS: Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Parliame ntary inquiry.
REPRESENTATIVE JOE STRAUS: State your inquiry.
REPRESENTATIVE SYLVESTER TURNER: What is the TCC? Who are they? Oh, I'm sorry. I'm sorry. It's that group. Do you know the telephone number? I need to call them myself.
REPRESENTATIVE JOE STRAUS: Mr. Solomons moves to concur Senate amendments on House Bill 2761. It's a record vote. The clerk will ring the bell. Have all voted? There being 121 ayes, 16 nays --
REPRESENTATIVE JOE DESHOTEL: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Deshotel, for what purpose?
REPRESENTATIVE JOE DESHOTEL: Parliamentar y inquiry.
REPRESENTATIVE JOE STRAUS: State your inquiry.
REPRESENTATIVE JOE DESHOTEL: Is there a way to buy stock in the TCC?
REPRESENTATIVE JOE STRAUS: Not yet, Mr. Deshotel. Chair recognizes Representative Solomons.
REPRESENTATIVE BURT SOLOMONS: Mr. Speaker, members, I do appreciate. Mr. Garza thanks you and Mr. West thanks you, and I think it's a minimal thing. And thank you for doing that. I appreciate it. I'm sure Mr. Garza does as well. Thank you .
REPRESENTATIVE JOE STRAUS: Chair calls up House Bill 1043 with Senate amendments.
THE CLERK: HB 1043 by Christian. Relating to creating an offense for conduct relating to cock fighting and criminal and civil consequences for that offense.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Christian.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Mr. Speaker. There's one amendment the Senate added. It reduced the charges from a state jail felony to a Class A misdemeanor, and it exempted children 15 years of age from having any offense. And I move we concur.
REPRESENTATIVE JOE STRAUS: Representative Christian moves to concur on Senate amendments House Bill 1043. It's a record vote. The clerk will ring the bell. Have all voted? There being a 129 ayes and 12 nays, HB 1043 is finally passed. Chair calls up HB 1728 with Senate amendments.
THE CLERK: HB 1728 by Keffer. Relating to energy savings performance contract.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES KEFFER: Thank you, Mr. Speaker. This is the energy saving performance contract program that we passed. The Senate added one amendment, that was a technical amendment, it does not change the intent of the bill. I move to concur.
REPRESENTATIVE JOE STRAUS: Representative Keffer moves concur to the Senate amendment on House Bill 1728. It's a record vote. The clerk will ring the bell. Have all voted? There being 143 ayes and 0 nays, House Bill 1728 is finally passed. Chair calls up House Bill 1788 with Senate amendments.
THE CLERK: HB 1788 by Farias. Relating to capturing reptiles and amphibians by nonlethal means; providing a penalty.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Farias.
REPRESENTATIVE JOE FARIAS: Mr. Speaker, members, the Senate did make a couple of perfecting changes to the bill. 1788, none of which affect the essence of the bill. Two of the changes were just suggestions from the Texas Parks and Wildlife and the third was an exemption for the oil and gas industry. And I concur with the Senate amendment.
REPRESENTATIVE JOE STRAUS: Mr. Miller, for what purpose?
REPRESENTATIVE SID MILLER: Just out of curiosity I want to ask a quick question.
REPRESENTATIVE JOE STRAUS: Mr. Farias, do you yield?
REPRESENTATIVE JOE FARIAS: Yeah, I yield.
REPRESENTATIVE SID MILLER: Mr. Farias, does this bill still have the fee in it for the stamp?
REPRESENTATIVE JOE FARIAS: Yes, it does. Still has a fee.
REPRESENTATIVE JOE STRAUS: Representative Farias moves to concur with the Senate amendments on House Bill 1788. It's a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 96 ayes and 47 nays, House Bill 1788 finally passed. Chair lays out House Bill 213 with Senate amendments.
THE CLERK: HB 213 by Rodriguez. Relating to certain loans secured by a lien on residential real property and to other transactions involving residential real property; providing civil penalties.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Rodriguez. Is Mr. Gallego on the floor of the House? Chair calls up House Bill 1616 with Senate amendments.
THE CLERK: HB 1616 by Geren. Relating to the reporting of political contributions, political expenditures, and personal financial information, and to complaints filed with the Texas Ethics Commission.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Thank you, Mr. Speaker and members. I'd like to move to not concur with Senate amendments and request a deployment of a conference committee.
REPRESENTATIVE JOE STRAUS: Representative Geren moves to not to concur with Senate amendments on House Bill 1616 and appoint a conference committee. Is there objection? Chair hears none. In the instructions of conferees? If not, the clerk will read the conferees.
THE CLERK: House conferees, conference committee on HB 1616: Geren, Chair. Hamilton, King of Parker, Kolkhorst, Ritter.
REPRESENTATIVE JOE STRAUS: Miss Thompson? Representative Menendez and Representative Hamilton.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker, members, Senate Bill 144, we need to change one word there's a typographical error, and I need to go to conference committee to make that correction.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Any motions to instruct the conferees? If not, Senate Bill 144, the clerk read the conferees.
THE CLERK: House conferees committee on SB 144: Thompson, Chair. Alonzo, Davis of Dallas, Dutton. Gallego.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hamilton.
REPRESENTATIVE MIKE HAMILTON: Members, I move to -- grant the request for the Senators and -- conference committee.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Any motions to instruct? If not, the clerk wili read the following conferees.
THE CLERK: House conferees conference committee on SB 747. Hamilton, Chair. Driver, Temple, Quintanilla, Thompson.
THE CHAIR: Chair recognizes -- Chair recognizes Mr. Sheets for an announcement.
REPRESENTATIVE KENNETH SHEETS: Thank you Madam Speaker. Ladies and gentlemen, just want to quickly remind you that today is the last day for the exhibit down on the second floor, the extension for the voices of the veterans. This is an exhibit that's being put on by the veterans' planning board, and again, it's down in E2, so if you get a chance, please stop by and visit it. Thank you.
THE CHAIR: Chair calls up House Bill 2439 with Senate amendments.
THE CLERK: HB 2439 by Gallego. Relating to posting suggestions and ideas on cost-efficiency and certain budget documents on certain state agency websites.
THE CHAIR: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. I would move -- the Senate put on some amendments that needed a little bit of tweaking and I would frankly like the opportunity to have a conversation about them. So, I would move that we not concur with Senate amendments and I request the appointment of a conference committee.
THE CHAIR: Members, you've heard the motion. Representative Gallego moves not to concur and appoint a conference committee. Is there any objection? Hearing none. So ordered. Are there any instructions for the conferees? If not, the Chair announces the following conferees.
THE CLERK: House conferees conference meeting on House Bill 2439: Gallego, Chair. Harless, Hilderbran, Martinez, Menendez.
THE CHAIR: Chair calls up House Bill 1754 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1754 by Gallego. Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.
THE CHAIR: Chair recognizes Representative Gallego.
REPRESENTATIVE GALLEGO: Thank you, Madam Speaker. This organizes some state agencies that are in the Judicial Branch. It was a House Bill. The Senate added about amendment with respect to some law school participation and clinics and studies of the death penalty by the law school clinics. The changes are acceptable to me and I would move that we concur with the Senate amendments.
THE CHAIR: Members, Representative Gallego moves to concur with the House Bill 1754. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 71 ayes, 68 nays, 2 present not voting; House Bill 1754 is finally passed. Chair recognizes Representative Menendez for a motion.
REPRESENTATIVE JOSE MENENDEZ: Thank you Madam Speaker. Members, I'd like to make a motion to take up and consider Senate Bill 341 and conference -- Senate has requested a conference committee on Senate Bill 341, I move to accept that and appoint the conferees.
THE CHAIR: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Clerk will read the motion.
THE CLERK: House conferees on conference committee of SB 341: Menendez, Chair. (Inaudible), Ritter.
THE CHAIR: Members, we're going to back up a minute to House Bill 1754. Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Madam Speaker. (Inaudible) taking up an item earlier than it's assigned and, therefore, I'd like to reconsider the vote by which that passed, which essentially put it back on the items eligible list and it will be eligible again in 30 minutes. In the meantime, if any of you have any concerns about that vote, I'm happy to talk to you about it so that we can get it out of here and on the (inaudible) with a unanimous vote again. So, if you have any questions, let me reconsider the vote by which it passed and we'll wait another 36 minutes until it's time eligible.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered.
REPRESENTATIVE JOE PICKETT: Mr. Speaker, members, I'd like to make kind of a posthumous birthday recognition. A hundred and four years ago today Marion Robert Morrison was born. Had he lived, this would have been his hundred and fourth birthday.
THE CHAIR: Representative Branch, for what purpose?
REPRESENTATIVE DAN BRANCH: Point of information.
REPRESENTATIVE JOE PICKETT: Yes, sir.
REPRESENTATIVE DAN BRANCH: Marion --
REPRESENTATIVE JOE PICKETT: Morrison.
REPRESENTATIVE DAN BRANCH: And do we have another name for this individual?
THE CHAIR: Mr. Branch, do you have an idea who that might be?
REPRESENTATIVE DAN BRANCH: Are we talking about someone whose last name is Wayne?
REPRESENTATIVE JOE PICKETT: It was when he passed away in 1979.
REPRESENTATIVE DAN BRANCH: He passed away in 1979.
REPRESENTATIVE JOE PICKETT: June 11th, 1979 is when he passed away.
REPRESENTATIVE DAN BRANCH: June 11, 1979, yes. I remember the summer well and that was John Wayne. And as the Japanese newspapers reported, Mr. America passes away.
REPRESENTATIVE JOE PICKETT: That's exactly right.
REPRESENTATIVE DAN BRANCH: Thank you.
THE CHAIR: Members, we are on page three of Calendar 1, items eligible at 12:00 p.m. May 26, 2011. This item is time eligible. Chair calls up House Bill 3396 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3396 by Hernandez Luna. Relating to the prosecution of and punishment for the offense of breach of computer security.
THE CHAIR: Chair recognizes Representative Hernandez Luna.
REPRESENTATIVE ANA HERNANDEZ LUNA: Thank you Madam Speaker, members. This is the bill dealing with breach of computer security. The Senate added an amendment that will change one of the punishments from the third to the felony state (inaudible) and also clear the language to clarify that using a wireless internet connection without the owner's consent will not be enhanced to a felony. I move to concur with Senate amendments.
THE CHAIR: Members, you've heard the motion. This is a record vote. All those in favor say aye -- I'm sorry, the the clerk will ring the bell. Have all members voted? Have -- Representative Phillips voting aye. Have all members voted? Have all members voted? There being 142 ayes, 0 nays, 2 present not voting, House Bill 3396 is finally passed. Finally passed. Chair recognizes Representative King for a motion.
REPRESENTATIVE PHIL KING: Thank you, Madam Speaker. I move that the comments and exchange by Representative Eiland and other members regarding HB 2277, 2277, be reduced to writing and placed in the journal.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Members, the House will stand at ease for five minutes.
(The House stands at ease).
THE CHAIR: Members, the House will come to order. Representative Hartnett? Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you Madam Speaker. On the (inaudible) of Representative Hartnett I would move to grant the Senate's request for a conference committee on Senate Bill 1198, which is the bill that deals with the (inaudible) estate.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1199: Hartnett, Chair. Bohac, Madden, Munoz, Thompson.
THE CHAIR: Recognizes Representative Kleinschmidt on House Resolution 2406.
REPRESENTATIVE TIM KLEINSCHMIDT: Members, I move -- this is a privileged resolution, I move to go outside the bounds from the language included in the committee report on House Bill 20 -- House Resolution 2406.
THE CHAIR: Clerk will read the resolution.
THE CLERK: HR 2406 by Kleinschmidt. Suspending limitations on conference committee jurisdiction, S.B. No. 321.
THE CHAIR: Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 141 ayes, 0 nays, the resolution is adopted. Chair calls up House Bill -- Senate Bill 321. Conference committee report. The clerk will read the bill.
THE CLERK: Conference committee report SB 321.
THE CHAIR: Chair recognizes Representative Kleinschmidt.
REPRESENTATIVE TIM KLEINSCHMIDT: Members, the language came back on 392, the conference committee has some additions that expanded reference to the employer's agent to include the principal officer, director, employees. Just an expansion of the language. Instead of references to handgun, it mention the firearm required to be allowed on the premises (inaudible) of the language, the added language, also includes the clear reference to the fact that the employer's not required to patrol, inspect the parking lot where these firearms might be stored. In other words, they don't have to go out and make sure that the car doors are locked. Which, to be added, it does not change the liability issues that we discussed so intently on the floor. And I move to concur.
THE CHAIR: Members, you've heard the motion. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 130 ayes, 11 nays, Senate Bill 321 conference committee report is adopted. Members, that last resolution and motion was on page 8. That's where all the conference committee reports are located. Members, there are two calendars out there and so if you could find the one that has page 8. Page 7 and page 8, members. That bill was eligible at 12:20 p.m. on May (inaudible). Ms. Laubenberg? Members, we are about to be on page two. House Bill 3859. It was eligible at 7:40 yesterday evening. Chair calls up House Bill -- House Bill 3859 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3859 by Laubenberg. Relating to the creation of the Club Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.
THE CHAIR: Chair recognizes Representative Laubenberg.
REPRESENTATIVE JODIE LAUBENBERG: This is a (inaudible) and the Senate amendment, we forgot to put on no toll roads. No toll roads. They cannot instruct the client, maintain or operate a toll road. Has no eminent domain no ad valorem taxes and I concur.
THE CHAIR: Members, you've heard the motion. This is a record vote. The clerk will ring the bell. There being 141 ayes, 0 nays, House Bill 3859 with Senate amendments is finally passed. Is Mr. Dutton on the floor of the House? Members, we're on page three. Items eligible that were -- that were eligible at noon today.
REPRESENTATIVE JERRY MADDEN: Madam Speaker?
THE CHAIR: Yes --
REPRESENTATIVE JERRY MADDEN: Can I report that Mr. Dutton's desk is clear?
THE CHAIR: Thank you, Mr. Madden.
REPRESENTATIVE JERRY MADDEN: Thank you Madam Speaker.
THE CHAIR: Chair -- chair -- Chair calls up House Bill 1400 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1400 by Elkins. Relating to the boundaries and financing of public improvement districts designated by a municipality or county.
THE CHAIR: Chair recognizes Representative Elkins.
REPRESENTATIVE GARY ELKINS: Thank you Madam Speaker. I'm going to make a motion not to concur and appoint a conference committee. The Senate put on an amendment that's been very controversial, that limits the issuing of pit bonds to smaller cities and we need to go talk about it.
THE CHAIR: Representative Elkins has made a motion to refuse to concur on the Senate amendments and requests a conference committee. Is there any objection? Hearing none. So ordered. Is there any instruction for the committee? If not, the clerk -- the Chair appoints the following conferees.
THE CLERK: House conferees conference committee on HB 1400: Elkins, Chair. Anchia, Bonnen, King of Zavala, Martinez Fischer.
THE CHAIR: Members, we're on the items eligible list at 7:40 p.m. yesterday. That's page 2 of your program. Chair calls up House Bill 3090 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3090 by Creighton. Relating to the frequency of water audits by certain retail public utilities.
THE CHAIR: Chair recognizes Representative Creighton.
REPRESENTATIVE BRANDON CREIGHTON: Thank you, Mr. Speaker. Members, this is a bill that relates to frequency of water audits by certain retail public wit the Senate amendment (inaudible) providing water supply that receives financial assistance from the Texas Water Development Board. And I move to concur with Senate amendments.
REPRESENTATIVE LARRY PHILLIPS: Madam Speaker, will the gentleman yield?
THE CHAIR: Do you yield, Mr. Creighton?
REPRESENTATIVE BRANDON CREIGHTON: Sure.
THE CHAIR: The gentleman yields.
REPRESENTATIVE BRANDON CREIGHTON: Okay. So you're saying that all the Senate amendment does is require a new audit? Yeah. Currently, there's audits every three years. And what this Senate amendment does is just make sure if the utilities are receiving any money at all, financial assistance from the water development board, it doesn't have an annual audit.
REPRESENTATIVE LARRY PHILLIPS: And how much is that annual audit going to increase the rates of those people?
REPRESENTATIVE BRANDON CREIGHTON: Based on House committee testimony, none.
REPRESENTATIVE LARRY PHILLIPS: You mean they do an audit already, annually?
REPRESENTATIVE BRANDON CREIGHTON: They do their audits every three years. But what they'll save -- what it has shown in committee is some of the cost savings to finding and remedying some of the wastes and the default in the infrastructure. It was shown to be pretty much.
REPRESENTATIVE LARRY PHILLIPS: Explain that to me. I'm having a hard time following that.
REPRESENTATIVE BRANDON CREIGHTON: Well, it's water conservation effort and it's a broad based support, and what the testimony that was given stated was that whatever wastes or cost efficiencies that would be gained from finding fault in the infrastructure, it would kind of wash out whatever the cost of the annual audit would be. So there wasn't much testimony against and -- there wasn't any at all, I don't believe. And the testimony that was given was showing that it was cost --
REPRESENTATIVE LARRY PHILLIPS: Well the Senate added something different, so. They added an annual requirement for anybody. They got grant from the public. What if they got a grant just to do advertising on saving water?
REPRESENTATIVE BRANDON CREIGHTON: I don't know that there was any distinction made on the way that that money was used, Chairman Phillips. I'm not -- I'm not sure.
REPRESENTATIVE LARRY PHILLIPS: I'm just concerned about these unfunded mandates that we're putting on local government.
REPRESENTATIVE BRANDON CREIGHTON: Yeah, it didn't ever -- I mean in any of the testimony vetted through the entire committee --
REPRESENTATIVE LARRY PHILLIPS: What's an audit cost these --
REPRESENTATIVE BRANDON CREIGHTON: I don't have the information on what the audit would cost. But the information that we did receive is whatever that cost is --
REPRESENTATIVE LARRY PHILLIPS: I mean, we've got some small communities, you know, small municipalities, little cities, just a few hundred people. And they get a grant to redo their -- some of their water system.
REPRESENTATIVE BRANDON CREIGHTON: Right.
REPRESENTATIVE LARRY PHILLIPS: So this applies to any grants that they get from the water development board?
REPRESENTATIVE BRANDON CREIGHTON: Yeah.
REPRESENTATIVE LARRY PHILLIPS: What kind of grants --
REPRESENTATIVE BRANDON CREIGHTON: And I don't think that -- I mean as far as the --
REPRESENTATIVE LARRY PHILLIPS: So it would apply to those grants that come from the FD -- any federal grant money or just the state?
REPRESENTATIVE BRANDON CREIGHTON: Just water development board distributed grants. You know, water development board is just a vehicle for financing this infrastructure. And it's -- they bank these -- these water utilities, so it's standard procedure to require audits. And there's not, to my understanding, there's not much push back on having the audits.
REPRESENTATIVE LARRY PHILLIPS: I just want to make sure, we're requiring local governments and local water districts to do something that they don't have to do today.
REPRESENTATIVE BRANDON CREIGHTON: No, they have to do it now and they --
REPRESENTATIVE LARRY PHILLIPS: It's just every three years, now we're going to make them spend anywhere from 5,000 to 50,000 maybe. Do we know the amount?
REPRESENTATIVE BRANDON CREIGHTON: I don't know the amount. But, again, that wasn't even on the radar as far as committee testimony. So it was pretty much an agreed to --
REPRESENTATIVE LARRY PHILLIPS: Well, you did a pretty good job of explaining the amendment. Thank you.
REPRESENTATIVE BRANDON CREIGHTON: Thank you.
REPRESENTATIVE LARRY PHILLIPS: Appreciate it.
REPRESENTATIVE LYLE LARSON: Madam Speaker?
THE CHAIR: For what purpose?
REPRESENTATIVE LYLE LARSON: For some questions.
THE CHAIR: Does the gentleman yield for some questions?
REPRESENTATIVE BRANDON CREIGHTON: Sure.
REPRESENTATIVE LYLE LARSON: Representativ e Creighton, when we had this discussion in the Natural Resources Committee, most of what we're looking at in these audits is lost in the system. So we know what they're pumping out and what they're billing, so it's an accounting situation that all they have to do is
(inaudible) at the end of year. There's not a lot of costs that's going to be associated with this. They're doing audits every month. And it was laid out that there's a loss of several million acre feet of water in the state. If you look -- look at the San Antonio water system, and when they start sending it out it basically -- the infrastructure, there's leaks in the infrastructure before they get to the homes of the residents. And that's what this audit is about, where we can go in and start fixing that, and save the State of Texas a lot of water. So I think the issues that Representative Phillips brought up were valid, they are the same questions we brought up at -- the bottom line, if I remember correctly was these losses are significant in every major community in the state, and it's identifying it. Then the water development board, they're getting these grants to go in and fix the inefficiencies to fix the infrastructure.
REPRESENTATIVE BRANDON CREIGHTON: That's exactly correct. That's consistent with the testimony in the committee. It's a concerted effort to identify problem areas in the infrastructure. At the same time, that helps identify the need for a continuing search for additional and much needed water supply. And, from that, you end up lowering the cost of unsold water to the additional customers. So --
REPRESENTATIVE LYLE LARSON: Well, thank you.
REPRESENTATIVE BRANDON CREIGHTON: Yeah, thank you. Appreciate it. And that's all we have. Mr. Speaker and members, move passage and move to concur with Senate amendments.
THE CHAIR: Members, please excuse Representative Villarreal because of important business in the district, on the motion of Representative Eiland. Is there any objection? Hearing none. So ordered. The -- Representative Creighton moves to concur with Senate amendments on House Bill 3090. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 138 ayes, 1 nay, 2 present not voting; House Bill 3090 with Senate amendments is finally passed. Madam Doorkeeper?
DOORKEEPER: Madam Speaker, I have a messenger from the Senate at the door of the House.
THE CHAIR: Admit the messenger. The main man.
MESSENGER: Thank you, Madam Speaker. I'm directed by the Senate to inform the House the Senate has taken the following actions, the Senate has passed the following measures --
THE CHAIR: Chair calls up House Bill 1228 with Senate amendments the clerk will read the bill. Members, this is on page one.
THE CLERK: HB 1228 by Dutton. Relating to payment and collection of assessments and other charges owed to a property owners' association and foreclosure of a property owners' association assessment lien.
THE CHAIR: Chair recognizes Representative Dutton.
REPRESENTATIVE HAROLD DUTTON: Madam Speaker, members, thank you. This bill has been eligible for about three days now. Part of the problem was that I was doing the move not to concur with the Senate amendments, but that was because I thought the previous homeowners association bill would pass. It didn't pass. So I withdrew my motion not to concur. And today I'm the moving to concur, because we have worked out the all the agreements with all the competing parties, and now we have a bill that I think that -- while everybody may not be happy with it, there's nobody that's mad at it. Let me tell you what it does. It creates a payment plan for homeowners, it doesn't require the HOA to do that. And it has a priority of payment included in it. One of the other major provisions is that it requires judicial foreclosure now, and authorizes an expedited proceeding similar to that which we have in home equity foreclosures. Part of the other provisions is it allows ten percent of the homeowners to call for a vote to amend the HOA instrument to remove the right of the HOA to foreclose. That's essentially what the bill does. And I think, members, I think it's a good bill. I don't -- as I explained to my good friend Mr. Solomons, he and I have worked on this for the last ten, twelve years, and I think this is the best part
(inaudible) and so, with that, members, unless there's questions, I would move to concur with Senate amendments on House Bill 1228.
THE CHAIR: Members, Representative Dutton moves to concur with Senate amendments on House Bill 1228. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 133 ayes, 7 nays, 3 present not voting, House Bill 1228 with Senate amendments is finally passed. Members, if anyone has lost an earring stud, please come to the front to retrieve it. If someone does not retrieve it Chris is going to adopt it.
(Inaudible).
REPRESENTATIVE JOSE LOZANO: Mr. Speaker?
THE CHAIR: State your inquiry.
REPRESENTATIVE JOSE LOZANO: Could you describe the earring? I'm trying to fill out the form to claim it, and I just needed to know what to put.
THE CHAIR: I'm not sure I should state the description, because then everyone may fill out a form and come to claim it.
REPRESENTATIVE JOSE LOZANO: Thank you very much. Have a nice day.
THE CHAIR: Mr. Hardcastle is claiming the earring. Thank you, members. Members, Ms. Thompson has asked to address the House on a matter of personal privilege. Members, please take your seats or take your conversation outside the rail. Chair recognizes Ms. Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Member s, Madam Speaker and members, during this legislative session we've spent about 30 or 40 percent of our time kicking the reproductive organs of women down the road. And I thought that was an issue that we had finished and we had completed. I want to attempt to (inaudible) the fact that kicking the women can down the road is still being kicked. To my surprise I became aware of two despicable flyers. I know some of you may have seen one flyer talking about Senate Bill -- House Bill 2093, and it depicts a child's pacifier. This bill is a bill that deals with insurance. And the other one that we have had a lot of controversy on is a child nursing a mother's breast, and this is talking about House Bill 2093. And this bill is to provide insurance. I'm going to tell you that I am really disgusted, and I'm really ashamed that there is nothing better than some organizations find then kicking women. God made me a woman. And thank God that he made your mother a woman, because you men wouldn't be here. Law makers, as we are, have an opportunity to shape the attitudes of the public. And those attitudes can be positive toward women, they can be negative toward women or they can be both. That's all
(inaudible) all our abilities. But I find these flyers, some of you may find them funny, but I find them despicable, I find them distasteful, I find them hateful and I find them to give thoughts of violence and disrespect towards women; and I am appalled today that the Texas Civil Justice League would go so low that they will put out this kind of hate, resentful, bitter, despicable, despisable, violent flyer toward women, just to get at a piece of legislation. They could have come and talked to me.
(Inaudible) that I have an open door policy. They could have come and saw me in my office. And we all know we win some, we lose some. But kicking women down the road like an old tin can, and fostering disrespect and violence and hate, it may not be important to you, but some of you have mothers, and I know many of you have wives and you have daughters and sister, nieces. And this ought to embitter you, it ought to make you angry that somebody is this disrespectful that they have to put out this sort of thing out just to get out a bill, and we go up in arms about women to having the ability to nurse their children in certain public places and some of you lose it because you don't want to allow that in certain places. But yet we cannot sit here and tolerate this kind of attitude. This is wrong. It cannot exist. And I think that -- I'm want to ask you if you have any sense of fortitude, and I believe you do, to stand up and tell this organization that this is not acceptable conduct for the members of this House. It is not acceptable conduct to put women down like this. And this is not the kind of can that they need to be kicking in the Texas Legislature.
REPRESENTATIVE CAROL ALVARADO: Madam Speaker?
THE CHAIR: Ms. Alvarado, for what purpose?
REPRESENTATIVE CAROL ALVARADO: Would Ms. Thompson yield?
REPRESENTATIVE SENFRONIA THOMPSON: I will. I mean, if some of you haven't seen it, these are some of the pictures here.
REPRESENTATIVE CAROL ALVARADO: Representa tive Thompson, before this came to my attention I don't know where I stood on this piece of legislation, House Bill 2093. But, after looking at the picture, I can tell you where I stand now. And behind me there's a bipartisan group of women. And I want to applaud them, because many women on this floor have taken the time to call the Texas Civil Justice League. Some of us have spoken with Lee Parsley or Carrie Roberts. This piece of propaganda is a below the belt political tactic. We have had almost 50 plus amendments and/or bills come across this floor of this session that I think have demeaned women. But this one takes us to an all time low, would you say that's correct, Ms. Thompson?
REPRESENTATIVE SENFRONIA THOMPSON: It is an all time low. And I personally tell you this: This is not a tactic to get this passed or concur. I don't care if you kill this bill. I want you to remember one thing that I'm saying today, I don't appreciate this attack on women. I don't appreciate this flyer.
REPRESENTATIVE CAROL ALVARADO: Representa tive Thompson?
REPRESENTATIVE SENFRONIA THOMPSON: I'm going to tell you something, I don't -- I don't perpetrate violence against somebody but if they were in here I'd probably bloody their nose, right here on this floor. I guarantee you that. And, Dr. Zerwas, I'd have to call you to their aid. And I'm not joking. I would bloody their nose because they have no right to treat women this way, and we have not earned this disrespect in this House. We fight here, we get elected just like you do, and we have not earned this kind of disrespect. And I don't want to tolerate it by anybody. And, men, if you don't stand up for us today, don't you walk in this chamber tomorrow.
REPRESENTATIVE DEBBIE RIDDLE: Madam Speaker?
THE CHAIR: For what purpose, Ms. Riddle?
REPRESENTATIVE DEBBIE RIDDLE: Would the gentle lady yield, please?
THE CHAIR: Ms. Thompson, do you yield for a question?
REPRESENTATIVE SENFRONIA THOMPSON: Yes, I do.
THE CHAIR: Gentle lady yields.
REPRESENTATIVE DEBBIE RIDDLE: Ms. T., you know that you are our hero.
REPRESENTATIVE SENFRONIA THOMPSON: I'm trying to make the men be a hero, too.
REPRESENTATIVE DEBBIE RIDDLE: Well, I completely agree with you. But, Ms. T, do you think that this has become standard operating procedure by some because of what goes on in this House with the way some of the men have treated some of the women with pornography on the floor of this House? Do you think that is why this is acceptable, Ms. T?
REPRESENTATIVE SENFRONIA THOMPSON: We are going to find out what is acceptable and we're going see what they're made out of, sugar and spice and everything nice.
REPRESENTATIVE DEBBIE RIDDLE: Thank you.
REPRESENTATIVE EDDIE RODRIGUEZ: Madam Speaker?
THE CHAIR: For what purpose, Mr. Rodriguez?
REPRESENTATIVE EDDIE RODRIGUEZ: I'd like to make a motion that Ms. Thompson's comments be reduced to writing and be placed in the journal, please.
THE CHAIR: Members, you've heard the motion. Is there any objection? Hearing none. So ordered. Representative Smithee, for what purpose?
REPRESENTATIVE JOHN SMITHEE: Madam Speaker, parliamentary inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE JOHN SMITHEE: Is there some way the members could see what Ms. Thompson was talking about? I didn't really know what she was talking about and it is absolutely disgusting. If anything, she understated the impact of this. It is inappropriate and offensive, it would be offensive to anyone.
THE CHAIR: Yes, thank you, Mr. Smithee. I believe Ms. Thompson has some copies at her desk if anyone would like to see them.
REPRESENTATIVE FISCHER MARTINEZ: Madam Speaker?
THE CHAIR: Mr. Martinez, for what purpose?
REPRESENTATIVE FISCHER MARTINEZ: Parliame ntary inquiry.
THE CHAIR: State your inquiry, please.
REPRESENTATIVE FISCHER MARTINEZ: I have talked to some members of the House democratic caucus and there is a group of men that would like to sit down with a group of men that would like to sit down with the House republican caucus and together come up with some collective ideas on how we could make sure that we're not objectifying women on this House floor. So if the Chair is inclined to, and any members of the House republican caucus, because I would like to sit down with a handful of the members of the democratic caucus would like to (inaudible) those conversations forth with.
THE CHAIR: I'm certain that the caucus chairs will be able to arrange that. The House will stand at ease until 5:00 p.m.
(The House stands at ease.)
REPRESENTATIVE JOE STRAUS: The House will come to order. Mr. Martinez Fischer, for what purpose?
REPRESENTATIVE FISCHER MARTINEZ: Mr, Speaker, parliamentary inquiry. There was a discussion earlier about making time or making an effort to voice your disgust or your opinion about matters that have taken place that have affected this body. And, as a matter of a inquiry, was trying to learn who we could direct those inquiries to. And I was wanting to know if the Chair was advised that Walter Fisher is a registered representative of the Civil Justice League. Are you advised?
REPRESENTATIVE JOE STRAUS: The Chair is not advised.
REPRESENTATIVE MARTINEZ FISCHER: Okay, and I didn't think so. And I'm -- it's my understanding and I didn't want to misstate anything to the body, so I will do it in the form of an official inquiry. It's my understanding that the Walter Fisher League (inaudible) William Phoenix, Carrie Rattlife, Carrie Roberts and Carol Simms are all registered representatives of the Civil Justice League. And I don't expect the Chair to know that, but I believe there was an inquiry made as to where these opinions can be registered with. And so I wanted to make those available to the body.
REPRESENTATIVE JOE STRAUS: Thank you for the information. Chair recognizes Representative Kolkhorst. House calls up -- Chair calls up House Bill 300 with Senate amendments.
THE CLERK: HB 300 by Kolkhorst. Relating to the privacy of protected health information providing civil penalties.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. I move to not concur with Senate amendments and ask for a conference committee to be appointed.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Are there any instructions for the conferees? If not, the clerk will read the following conferees.
THE CLERK: House conferees conference on HB 300: Kolkhorst, Chair. Flynn, Laubenberg, Naishtat, Truitt.
REPRESENTATIVE JOE STRAUS: Chair calls up House Bill 3691 with Senate amendments.
THE CLERK: HB 3691 by Gallego. Relating to community supervision and corrections departments and community justice plans.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. This bill, in it's original forms allows for contracting out for probation services by judicial districts. The Senate amendments allow a tie-in essentially for budgetary purposes, with LAR's and the provisions department. And it also adds an additional provision regarding community corrections. And I would move that we concur with the Senate amendments.
REPRESENTATIVE JOE STRAUS: Representative Gallego moves --
REPRESENTATIVE PETE GALLEGO: Mr. Speaker, members, there is -- I misspoke. I meant to say not concur, because there's one issue that needs to be worked out. So I move not to concur and appoint a conference committee.
REPRESENTATIVE JOE STRAUS: Representative Gallego moves not to concur with Senate amendments of House Bill 3691. Is there objection? Chair hears none. So ordered. If there are no motions to instruct, clerk, read the following conferees.
THE CLERK: House conferees for the conference committee on HB 3691: Gallego, Chair. Christian, Davis of Dallas, Martinez, Zedler.
REPRESENTATIVE JOE STRAUS: Chair calls up House Bill 1244 with Senate amendments.
THE CLERK: HR 1244 by Castro. Relating to development educational courses and the assessment of student readiness under the Texas Institution of Public (inaudible) higher education.
REPRESENTATIVE JOE STRAUS: Is Mr. Castro on the floor of the House? Chair recognizes representative Pickett.
REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker. Members, Senator Van de Putte, would you join me up here for just a second? Madam Chair, members, could we have your attention for just a moment? On Saturday we'll be having a memorial service here in the House chambers. It's more than likely that we'll be coming in at 10:00 a.m. and taking a recess to hold a joint session with the Senate on Saturday morning, beginning at 11:00 a.m. My counterpart in the Senate, Senator Van de Putte, and myself will be officiating the ceremony. The governor will be here giving a keynote speech. We'll be recognizing all of our fallen soldiers over the last couple years, and there's 39 families have RSVP'd. We have over 260 persons who will be here for the ceremony. Many of you have been contacted and will be coming up and presenting them with a flag and a certificate on that day. There will be a reception beginning at 9:00 o'clock in E2002 downstairs, so if some of you want to come a little bit earlier and visit with them, we really would appreciate your participation. That's going to be 11:00 o'clock on Saturday morning.
REPRESENTATIVE LARRY PHILLIPS: Mr. Speaker, would the gentleman yield?
REPRESENTATIVE JOE PICKETT: Yes, sir.
REPRESENTATIVE LARRY PHILLIPS: Scoot up just a little bit, we want to make sure everybody hears. Some of us are having a hard time hearing you. Mr. Picket, this is to recognize those fallen soldiers who have died since the last time we have been here.
REPRESENTATIVE JOE PICKETT: Yes.
REPRESENTATIVE LARRY PHILLIPS: And last session I came and found that one of my classmates from high school was recognized last session, but I didn't know about that, I lost contact with, and it was great to know that (inaudible) to hand a flag to his family. This is the most important day of every session for me since we've been here, and I would encourage everybody who has not been here, thinks it's not important enough to come to please come. It is one of the most special times with us together and I know most of you agree with that, to recognize these families. The first session we were here I sat up over there, where Mr. White sat, and I saw a young wife with a child walked down. And it made me think about
(inaudible) because she lost her husband (inaudible) about what my grandmother must have felt like when hay dad was three years old and she was notified that my grandfather died in World War II. And she spent the rest of her life as a single mother with a baby and a three year-old. And it's just really touching and I think that what we could do to come here. And I know it's Saturday and I know some of y'all may have to go back to important things and I'm not saying don't go back to your important things, but if you're here and you're able to come, please do that. They do a fantastic job. Senator Van de Putte has done an amazing job building this program up and I know you've continued the tradition, Representative Pickett. So) I'm sorry to get emotional but it is one of the most important dates that I think we can serve being here.
REPRESENTATIVE JOE PICKETT: Thank you Mr. Phillips. And as I was saying this is -- Senator Van de Putte and my office, the speaker's office, who have been working on this believe it or not since we came. Since we got here, the second Tuesday of January. It takes that long to put together. So I don't think it's a lot of for us to participate -- a lot to ask. Obviously, families have suffered a lot more. So please be here. Saturday, straight up at 11:00 o'clock. And the ceremony you will really enjoy as well. And we will have participants from most -- both the House and the Senate who served in the military, who will be officiating, as well as I'm sure from the Senate, who really is the rock, the Senator Van de Putte and her office have been working on this for many years. So if you just happened to take the opportunity while you're here on the floor, Madam Chair, if there's anything else you want to add to that? Thank you, Mr. Speaker, for the time.
REPRESENTATIVE JOE STRAUS: Chair calls up House Bill -- the conference committee report House Bill 3302, members. Bill was eligible at noon today. It's on the last page of calendar one. Mr. Doorkeeper?
DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
REPRESENTATIVE JOE STRAUS: Admit the messenger.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following --
REPRESENTATIVE JOE STRAUS: Chair lays out the conference committee report.
THE CLERK: Conference committee report for HB 3302.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Reynolds.
REPRESENTATIVE RON REYNOLDS: Thank you, Mr. Speaker. Members, HB 3302 was passed out of this chamber on the Local and Consent Calendar. The Senate put an undesirable amendment on the bill. I have to go conference to remove the amendment and now I have the original bill that was passed by the House. This would help small cities with economic development projects. I move adoption of the conference committee report for HB 3302.
REPRESENTATIVE JOE STRAUS: Members, Representative Reynolds moves to adopt the conference committee report, House Bill 3302. It's a record vote. The clerk will ring the bell. Have all voted? Being 144 ayes and 0 nays, House Bill 3302 is finally passed.
THE CHAIR: Members, this item is on page five, eligible at 4:40 p.m. Chair calls up House Bill 1754 with Senate amendments. The clerk will read the bill.
THE CLERK: SB 1754 by Gallego. Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.
THE CHAIR: Chair recognizes Representative Gallego to explain the amendments.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, if I could have your attention for a moment? That is conference committee report that we tried earlier to approve, that I think was just a -- three votes would have approved it but for the fact that it came up a little bit early. And before me -- I have it in front of me, a report from the conservative coalition that says that the issue with this bill is that the sunset provision for the indigent defense commission has been removed. And let me tell you why that's totally, thoroughly, completely inaccurate. As the bill left the House, which it left the House with 144 votes, it created an indigent defense commission. When it came back from the Senate, the Senate expressed its intent not to have a new agency and attached it administratively to the office of courts administration. And so now it's part of the office of court administration and is attached administratively to the office of the court administration. So, for LAR purposes, bookkeeping purposes, all of its purposes, it is now administratively attached to the office of court administration. So, if it's not its own independent, free standing agency anymore, when does it go into sunset? Well, it goes in with the office of the court administration, it's part of the office of court administration, it's not a new agency anymore and there for it doesn't have its own sunset date anymore. So I'm a little confused at that provision, because all that this does is reorganize these agencies --
REPRESENTATIVE JERRY MADDEN: Mr. Speaker?
THE CHAIR: Mr. Madden, for what purpose?
REPRESENTATIVE JERRY MADDEN: Would Chairman Gallego yield?
REPRESENTATIVE PETE GALLEGO: (Inaudible).
REPRESENTATIVE JERRY MADDEN: Are you aware of other organizations within the state that have the same kind of structural setup?
REPRESENTATIVE PETE GALLEGO: Absolutely.
REPRESENTATIVE JERRY MADDEN: Such as the board of pardon an paroles?
REPRESENTATIVE PETE GALLEGO: Right.
REPRESENTATIVE JERRY MADDEN: Such as --
REPRESENTATIVE PETE GALLEGO: Administrati vely attached to the department of a criminal justice, that's right.
REPRESENTATIVE JERRY MADDEN: Administrati vely. They do it the same way. It actually reduces their cost and --
REPRESENTATIVE PETE GALLEGO: And that was a Senate amendment. The irony is that what was done to save money and to make sure the government didn't get bigger is not the provision that's causing some controversy so --
REPRESENTATIVE JERRY MADDEN: And we do the same thing, we did the same thing as a matter of fact on a bill that I passed. Senator Shapiro did some things with our sex offender treatment.
REPRESENTATIVE PETE GALLEGO: That's exactly right.
REPRESENTATIVE JERRY MADDEN: So you're doing exactly the same thing?
REPRESENTATIVE PETE GALLEGO: Absolutely. And again, this is a bill that went out of here a 144 ayes, so that's pretty significant.
REPRESENTATIVE BURT SOLOMONS: Mr. Speaker, can I ask the gentleman a question?
THE CHAIR: Mr. Gallego, do you yield?
REPRESENTATIVE BURT SOLOMONS: Since you and I have both been on sunset, isn't office of court administration eventually come under the sunset or do you know that?
REPRESENTATIVE PETE GALLEGO: I'm not sure when the date would be.
REPRESENTATIVE BURT SOLOMONS: But do they come under sunset?
REPRESENTATIVE PETE GALLEGO: It's my impression that they do. Most of the -- there is several of the judicial branch agencies that do not and there is several that do.
REPRESENTATIVE BURT SOLOMONS: And are under the jurisdiction of the committee anyway?
REPRESENTATIVE PETE GALLEGO: Absolutely. Everything is under the jurisdiction of the (inaudible).
REPRESENTATIVE BURT SOLOMONS: So if there's an issue regarding its ability for agencies or whatever --
REPRESENTATIVE PETE GALLEGO: That's absolutely right. They do come up in front of our scope. That's absolutely true.
REPRESENTATIVE BURT SOLOMONS: Right. And -- But I can't remember for sure, I don't have -- I couldn't research it fast enough but I think there are some review on all of this, through all the agencies and offices under sunset at some point in time. But, if not, at least the committee has total jurisdiction over it.
REPRESENTATIVE PETE GALLEGO: Right.
REPRESENTATIVE BURT SOLOMONS: Thank you.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Solomons. I appreciate that. Members, I would again -- move adoption of the conference committee report on House Bill 1754.
THE CHAIR: Members, you've heard the motion. It's a record vote. All those in favor vote aye, vote nay. The the clerk will ring the bell. Show Ms. McClendon voting aye. Have all voted? There being 83 ayes, 58 nays, 2 present not voting; House Bill 1754 is finally passed. Chair lays out -- Mr. Phillips? Mr. Phillips? Did --
REPRESENTATIVE CHARLES PERRY: This is a conference committee report on House Bill 1112. The conference committee report was eligible at 8:40 p.m. yesterday evening. Following privileged resolution. The clerk will read the resolution.
THE CLERK: HR 2546 by Phillips. Suspending limitations on conference committee jurisdiction HB No. 1112.
THE CHAIR: Chair recognizes Representative Phillips to explain the resolution.
REPRESENTATIVE LARRY PHILLIPS: Thank you, Mr. Speaker and members. This privileged resolution relates to some language that we had put -- Representative Pickett had put some language regarding the reasonable eligibility authority in El Paso. And when it went over to the Senate the Senate stripped that out. And Representative Pickett worked with the senators to come up with the agreed to language, as it relates to the reasonable ability authority in El Paso. And all this privileged resolution is to make sure that everything that was in that agreement is proper. There were concerns that we didn't -- that I didn't think that we needed to go and have a privileged resolution, that's out of bounds, let's count, just to be safe. So this is an agreement that was agreed to by Representative Pickett and the Senator from El Paso in trying to resolve the structure of the Regional Mobility Authority in El Paso. That's the only change that was made. And I would move for adoption of privileged resolution.
THE CHAIR: Members, you've heard the resolution. It's a record vote. All those in favor, vote aye. All those against, vote nay. The clerk will ring the bell. Have all voted? There being 137 ayes, 1 nay, 2 present not voting; House resolution 2546 is passed -- adopted. Chair now lays out the conference committee report for House Bill 1112. The clerk will read the bill.
THE CLERK: Conference committee report for HB 1112.
THE CHAIR: Chair recognizes Representative Phillips to explain the conference committee report. Representative Phillips? Members, it's on the last page, items eligible.
REPRESENTATIVE LARRY PHILLIPS: Members, this is the conference committee report of the privileged resolution that we just did, and it -- they added an amendment, or they took off an amendment that Representative Pickett put in, and this is an agreed to amendment, and that's the conference committee report that adds that amendment. It just relates to the El Paso Regional Mobility Authority, which has a different governmental make up than any of the other ones. I'd move adoption.
THE CHAIR: Members, it's on page eight. Members, you've heard the motion. It's a record vote. Vote aye, vote nay. The clerk will ring the bell. Representative Smith voting aye. Have all voted? Being 130 ayes, 12 nays, 2 present not voting; House Bill 1112 is finally passed. Chair calls up House Bill 2093 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2093 by Thompson. Relating to the operation and regulation of certain consolidated insurance programs.
THE CHAIR: Chair recognizes Representative Thompson to explain the amendment.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker, members, the amendment on it I think the we'd like to take a look at it and I'd like to ask for a conference committee be appointed and not to concur.
THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. Is there any instructions or motions to instruct? Following conferees.
THE CLERK: House conferees for the conference committee on HB 2093: Thompson, Chair. Eiland, Sheets, Smithee, Taylor of Collin.
THE CHAIR: Members, it's 5:38 p.m. Mr. Price has a conference committee report that's eligible at 5:40. Is there objection to taking it up now? Let's be cooperative, members. All right. We'll just cool our jets till 5:40. Is there any objection, members? Okay. Chair lays out -- calls up -- all right. Chair lays out privileged resolution number HR 2482. Clerk will read the resolution.
THE CLERK: HR 2482 by Price. Suspending limitations on conference committee jurisdiction, S.B. No. 313.
THE CHAIR: Chair recognizes Representative Price to explain the resolution.
REPRESENTATIVE WALTER PRICE: Thank you, Mr. Speaker. Members, this privileged resolution is a motion to go outside the bounds. This is a bill that we passed, Representative Miller put on an amendment, it went ever to the Senate. Some of the language on Mr. Miller's amendment regarding the priority management groundwater areas was tweaked at the suggestion of the governor's officer. The language on your resolution is what that reflects. It was acceptable to the Senator and the governor and I move for adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Resolution is adopted. Chair calls up House Bill SB 313, conference committee report. Okay. I'm sorry. Back up, members. Record vote on the privileged resolution. Those in favor vote aye, those against vote nay. The clerk will ring the bell. Have all voted? Have all voted? Being 140 ayes, 0 nays, 2 present not voting the resolution is adopted. Chair lays out -- conference committee report SB 313. Clerk will read the resolution.
THE CLERK: Conference committee report for SB 313.
THE CHAIR: Representative Price to explain the conference committee report.
REPRESENTATIVE WALTER PRICE: Thank you, Mr. Speaker. Members, this conference committee report is agreed to by the members of both houses or both chambers. It actually the -- the section that was debated initially was on the annexation of a territory of a priority management groundwater area into another groundwater conservation district. And what this language did was provide more information to the voters and set a cap on the production fees that would be charged and how that would be laid out, and the mechanisms that would be more readily apparent to those involved. And I move adoption.
THE CHAIR: Members, you've heard the motion. It's a record vote. Vote aye, vote nay. The clerk will ring the bell. Have all voted? Being 141 ayes, 0 nays, 2 present not voting, SB 313 is finally passed. Members, the House will stand at ease for five minutes.
(The House stands at ease.)
THE CHAIR: Members, on page 7, items eligible. We are now done standing at ease, we are back working. This is what it looks like. I've been advised that the women are back and we can now proceed, thank you. So we're no longer standing at ease and the women are back, let's get back to work. Members, we are on page 7. Chair recognizes Representative Torres for a motion.
REPRESENTATIVE RAUL TORRES: Members, I request the appointment of the Senate to appoint a conference committee on Senate Bill 563.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. The motion is adopted. Is there any motion to instruct the following conferees?
THE CLERK: House conferees conference committee on House Bill 53: Torres, Chair. Garza, Harper Brown, Lucio, Zedler. Members, we've had some complaints we're moving too quickly. So we'll slow down so y'all can try to keep up. Representative Craddick? Representative Lucio? Chair recognizes Dean Craddick for a motion.
REPRESENTATIVE TOM CRADDICK: Mr. Speaker, I move to reconsider the motion on which House Bill 3109 was passed.
THE CHAIR: Members, you've heard the motion. Any objections? Chair hears none. So ordered. Motion adopted. Chair lays out House Bill 3109 with Senate amendments. Clerk will read the amendment.
THE CLERK: HB 3109 by Craddick. Relating to the rule-making power of certain groundwater conservation districts.
THE CHAIR: Chair recognizes Dean Craddick to explain the amendment.
REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, the Senate put on an amendment and after we looked at it caused a problem for several other cities in west Texas as a local bill for us. So, I move to that we not concur and appoint a conference committee.
THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So adopted. Are there any motions to instruct? Chair hears none. Following conferees.
THE CLERK: House conferees for the conference committee on HB 3109: Craddick, Chair. Darby, Louis, King of Taylor, Parker.
THE CHAIR: Members, we're on page three. Items eligible at 11:40 today. Chair lays out House Bill 1103 with Senate amendments. The clerk will read the amendment.
THE CLERK: HB 1103 by Lucio. Relating to the civil and criminal consequences of certain criminal offenses involving animal cruelty.
THE CHAIR: Chair recognizes Representative Lucio to explain the amendment.
REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker. This is my alternative motion made earlier today to not concur. I move not to concur and to appoint a conference committee so I can strip the Senate amendments.
THE CHAIR: Members, you've heard the motion to not concur. Is there any objection? Chair hears none. Are there any instructions to -- motions to instruct? Chair recognizes Representative Miller for a motion.
REPRESENTATIVE SID MILLER: Mr. Speaker and members, I'd like to make a move to instruct the conferees to strip the language that sets up an animal abuse registry.
THE CHAIR: Members, you've heard the motion to instruct. Is there objection? Chair hears none. Motion is adopted. Following conferees. Clerk, read the conferees.
THE CLERK: House conferees conference committee on HB 1103: Lucio, Chair. Pena, Scott, Thompson, Woolley.
THE CHAIR: Representative Gallego? Madam Doorkeeper, for what purpose?
DOORKEEPER: Madam Speaker, I have a messenger from the Senate at the door of the House.
THE CHAIR: Admit the messenger.
MESSENGER: Mr. Speaker, I'm directed by the Senate --
THE CHAIR: I'm sorry, I can't hear you.
MESSENGER: -- the House that the Senate has taken the following actions --
THE CHAIR: Can you speak up?
MESSENGER: -- in question to --
THE CHAIR: Members, can we have order? I can't hear the messenger.
MESSENGER: -- the appointment of a conference to adjust differences between the two houses.
THE CHAIR: Oh, that's all right. We've heard that. Thank you. Chair recognizes Representative Gallego for a motion.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, I call up -- I'd move that we once again grant the request of the Senate for a conference committee on Senate Bill 316. And further, pursuant to Rule 13, Section 13, I would move that it be recommitted to the same conference committee with the request for further consideration, that same conference committee being myself as the Chair, Representative Christian, Hartnett, Rodriguez and Woolley.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Motion's adopted. Are there any motions to instruct? Chair hears none. Following conferees. Conferees were just named. Chair calls up House Bill -- House Bill 213 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 213 by Rodriguez. Relating to certain loans secured by a lien on residential real property and to other transactions involving residential real property; providing civil penalties.
THE CHAIR: Chair recognizes Representative Rodriguez to explain the amendment. Representative Rodriguez for a motion.
REPRESENTATIVE EDDIE RODRIGUEZ: I move to not concur with Senate amendments and move to conference.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Motion's adopted. Any motions to instruct, members? Following conferees.
THE CLERK: House conferees conference committee on HB 213: Rodriguez, Chair. Truitt, Keffer Anchia, Munoz.
THE CHAIR: Members, it's the Chair's intent to adjourn. We're awaiting a message from the Senate. Chair recognizes Representative Pena for an announcement.
REPRESENTATIVE RYAN GUILLEN: Members, those of you who are members of the Hispanic republican conference, that's thirty-three of you, we have dinner tonight at 6:30 at a very fine restaurant. We will conduct our last meeting of the session. 6:30. 6:30 for the Hispanic republican conference. If you want to join we offer inclusion to any democrat who wants to join.
THE CHAIR: Members, are there any other announcements? If not, Representative Pena moves that the House stand adjourned pending receipt of message from the Senate, and referral of resolutions, until -- Okay, we'll be pending receipt of messages from the Senate, referral of resolutions, until 10:00 a.m. tomorrow. Members, there are deadlines. Sorry. House stands adjourned.
(The House stands adjourned.)
