JOE STRAUS: House will come to order. Members please register. Have all registered? Have all members registered? Quorum is present. The House and gallery, please, rise for the invocation and the chair recognizes Representative White to introduce our pastor of the day.

REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker. Members, of the gallery and members I'm proud and honored to bring forth today's pastor of the day Reverend Mahoney from Hillister, Texas, my home county of Tyler. He's a strong man of God, Lord Jesus Christ and he loves Texas, he loves the Cowboys. But he loves God, too. So at this time Reverend Mahoney bring forth and welcome to your House.

REVEREND MAHONEY: Thank you Representative White. I don't know if that's the right order, I think it ought to be God first, Amen. But it's good to be here today. Would you bow your heads, please, for a word of prayer. Our dear benevolent Father, we give you thanks this day for this place where we now stand. For the decisions that have been made in this House, being thankful for our great leaders of the past and for these great men and women who have been chosen by you and appointed by the State to govern for the people of our great, great State of Texas. We humbly beseech you. Praying for divine wisdom, grant these, your leaders, to accomplish not only the will of the people but your perfect will. May each of these Representatives from all parties work together in cooperation to accomplish the many tasks that is set before them this day. I ask for your blessings of health and for prosperity upon all those in this chamber. Would you, please, Father, reward them for their sacrificial and tireless service for the people of our state. We acknowledge that this decision made -- these decisions made by this House have a far greater reach than our state's borders. Our nation, yes, even our world we believe will be impacted by the decisions of these men and women. Please guide them with your eternal eye and your all powerful hand. I love my State of Texas and I give you thanks for these great leaders and I ask for your blessings and for your gracious civility to rule over them. And according to Acts, Chapter 4, Verse 12 I ask all of this in the name that is above every name, the only name under heaven given among men whereby we must be saved in the precious name of Jesus, Amen and Amen.

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

REPRESENTATIVE LEO BERMAN: Mr. Speaker, members, will you, please, join me in the pledge of allegiance to the flags of the United States and to Texas.

(Pledges of allegiance).

JOE STRAUS: Chair recognizes Representative Naishtat to introduce the doctor of the day.

REPRESENTATIVE ELLIOTT NAISHTAT: Members, I'd like to introduce Dana *Screwty, Dr. Screwty. Many of you know her. She's been with us many times. I do want you to know that she's a fellow with the National Institute Program Directors, with the Association of Family Medicine Program Directors and American Academy of Family Physicians, Society of Teachers of Family Medicine, and she will be taking care of any of you who have any health related problems today. Lets welcome Dr. Dana *Screwty. Thank you.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative White.

REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker, members. I wish to suspend all necessary rules recalls and take up HR 1730.

REPRESENTATIVE CHARLIE GEREN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read the resolution. Members, this is a memorial resolution would you, please, take your seats. If you have conversations, please, take them outside the rail.

CLERK: HR 1730 by White. WHEREAS, Memories of a life filled with joyful times and Meaningful accomplishments remain to comfort the family and friends Of Janice Mahoney of Hillister, who passed away on February 4, 2011; and WHEREAS, A native of Amarillo, Mrs. Mahoney lived in Woodville for many years; she was a devoted wife to Pastor Clark A. Mahoney of Hillister Baptist Church, and supported him in all of his endeavors, serving the church's congregants and the people of East Texas with devotion and compassion; and WHEREAS, Mrs. Mahoney took pride in a fine family that included four children, Christi, Leslie, Clark, and Patrick, as Well as seven grandchildren; and WHEREAS, Those fortunate enough to have known Janice Mahoney Will treasure their memories of this dynamic woman, whose faith and Dedication to others made a lasting and positive impact on the lives Of countless individuals; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Janice Mahoney and extend sincere sympathy to the members of her family: to her husband, Clark Mahoney; to her daughters, Christi Lynn Mahoney and Leslie Gene Shawn Ryals and her husband, Michael Todd; to her sons Clark Alexander Mahoney, Jr., and Patrick Vernon Mahoney and his wife, Rachel; to her brothers, Bob Condron, Johnny Condron, and Mike Condron; to her sister, Cindi Knight; to her grandchildren Jennifer Weddle, Caleb Ryals, Joshua Ryals, David Ryals, Josiah Sealey, Andrew Mahoney, and Michaela Mahoney; 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 Janice Mahoney.

REPRESENTATIVE CHARLIE GEREN: Chair Recognizes Mr. White.

REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker, members. Move passage.

REPRESENTATIVE CHARLIE GEREN: Members, this is a memorial resolution all those in favor, please, rise. Representative Anderson moves that all members' names be added. Is there any objection? So ordered. Members, the lady whose life we just honored, her husband was our pastor of the day. Chair announces the signing of the following in the presence of the House.

CLERK: HB 1510, HCR 73.

REPRESENTATIVE CHARLIE GEREN: Please, excuse Representative Hopson because of family medical issues on a motion of John Davis. Members today you may want to keep the Hopson's in your prayers because Mrs. Hopson is having some very critical surgery this morning. Chair recognizes Representative Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mr. Speaker and fellow members. I move to suspend all necessary rules to take up and consider House Resolution 1347.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. The clerk will read the bill. HR 1347 by Anchia. WHEREAS, Gerald Brown, a retired lieutenant with the Dallas Fire-Rescue Department, has rendered exceptional service as chair of the Dallas Police and Fire Pension System Board of Trustees; and WHEREAS, Elected to the board in 1983, Jerry Brown was chosen as board chair in 1999, and he served in that capacity for 11 years; with his retirement from the Dallas Fire-Rescue Department on August 31, 2010, he stepped down as head of the board, but he remained a trustee until March 2011, when a special election was held to fill his seat; and WHEREAS, During his tenure at the helm, Mr. Brown provided the board with confident, steady guidance as it oversaw a period of Successful financial growth; known for his good humor and his tireless determination to expand his expertise, he became the Organization's real estate expert as it added more properties to Its investment portfolio; he also served on the board's administrative advisory committee; and WHEREAS, In addition to working with the Dallas Police and Fire Pension System, Mr. Brown has served as a vice president on the Board of directors for the Texas Association of Public Employee Retirement Systems and as a member of the National Conference on Public Employee Retirement Systems; and WHEREAS, Through his knowledgeable and energetic leadership Jerry Brown has played an instrumental role in ensuring the Soundness of the Dallas police officers' and firefighters'. retirement fund, contributing to a more secure future for those who Give their all to protect Dallas residents today; now, therefore be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Jerry Brown for his outstanding service As chair of the Dallas Police and Fire Pension System Board of Trustees and extend to him sincere best wishes for continued Happiness; and, be it further RESOLVED, That an official copy of this resolution be Prepared for Mr. Brown as an expression of high regard by the Texas House of Representatives.

REP. DONNA HOWARD: Chair recognizes Representative Anchia.

REPRESENTATIVE RAFAEL ANCHIA: Thank you, Mrs. Speaker, members. If there are any members of the city of Dallas delegation, please, feel free to come up and welcome our members. I see Representative Sheets here. I'm honored to introduce distinguished guests from the Dallas Police and Fire Pension System Board of Trustees for joining us at the podium. Today we're joined by Lieutenant Gerald Brown, immediate past chairman and his beautiful wife Vicki. We've got Sergeant Steven Shaw who is the vice chairman, we got Mr. Donald Rohan, assistant administrator, and last but not least Mr. Everard Davenport, the investment counsel. It is my great privilege to introduce Lieutenant Gerald Brown for 27 years of his outstanding service with the Dallas Police and Fire Pension System Board of Trustees. During his tenure as chairman of the board from 1983 to 2010 Lieutenant Brown's exemplary leadership and dedicated efforts lead the Dallas Police and Fire Pension System to become one of the most successful midsize pension plans in the country. His invaluable contributions have greatly benefited it's membership of 9,000 police officers and firefighters who selflessly protect the citizens of Dallas as well as the beneficiaries of these brave men and women. In addition to Lieutenant Brown's exceptional service the with Dallas Police and Fire System Board he has dedicated over 35 years of service as a firefighter with the city of Dallas. Mr. Speaker and members, please, join me in welcoming Gerald Brown and our special guests from the Dallas Police and Fire System Board of Trustees to their House of Representatives. Thank you Mr. Speaker and fellow members. I move adoption.

REP. DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Sheets moves to add all members' names. Any objection? Chair hears none. So ordered. Please excuse Representative Truitt because of illness on a motion of Representative Solomons. Any objections? Chair hears none. So ordered. Chair recognizes Representative Patrick.

REPRESENTATVIE DIANE PATRICK: Madam Speaker, members. I move that we suspend all necessary rules to take up and consider HR 1512.

REP. DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolutions.

CLERK: HR 1512 by Patrick. WHEREAS, Native Texan Wendy Kopp has made a significant contribution to public education as the founder and CEO of Teach For America; and WHEREAS, A graduate of Highland Park High School in Dallas Ms. Kopp earned her bachelor's degree from Princeton University in 1989; for her undergraduate thesis, she proposed the creation of a program that would allow top college students to make a positive Difference in the world by teaching in economically disadvantaged Schools; she went on to make that vision a reality by founding Teach For America in 1990; as a 21-year-old, this remarkable Texan raised $2.5 million in start-up funding, hired a staff, and recruited 500 Men and women from across the country who shared her vision; and WHEREAS, Today, under Ms. Kopp's able guidance, Teach For America benefits more than 500,000 students; currently, the Organization recruits, trains, and employs 8,000 teachers who serve in 39 regions across the country; these recent college graduates and professionals commit to two years of service in urban and rural Schools in low-income communities, and in Texas, their Contributions are bolstering student achievement in the Rio Grande Valley, Houston, Dallas, and San Antonio; and WHEREAS, With passion and determination, Wendy Kopp has dedicated more than two decades to improving public education, and In so doing, she is helping to transform the lives of countless Young men and women across the state and nation; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby commend Wendy Kopp for her exceptional social entrepreneurship and extend to her sincere best wishes for Continued success with her important work in behalf of educational Equity and excellence; and, be it further RESOLVED, That an official copy of this resolution be prepared for Ms. Kopp as an expression of high regard by the Texas House of Representatives.

REP. DONNA HOWARD: Chair recognizes Representative Patrick.

REPRESENTATVIE DIANE PATRICK: Members, I would like to introduce you to Wendy Kopp the founder and chief executive officer for Teach for America. Wendy, a Dallas native proposed the creation of a teaching corp over twenty years ago that would place top college graduates in low income communities. Since its inception Teach for America has grown from 500 teachers to over 28,000 alumni. They currently serve as leaders who are committed to educational equity and excellence. Teach for America teachers serve in 39 regions across the country including Dallas, Fort Worth Houston, the Rio Grande Valley and San Antonio. At this time I would like to welcome and introduce to you Wendy Kopp. Please, join me in welcoming Wendy to the House of Representatives. Wendy is accompanied by Brad Leon, Vice-President, Teach for America, and Robert Carreon, executive director for the Rio Grande Valley. Welcome to your Texas House. We're very proud of your program. Madam Speaker, I move passage.

REP. DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Branch moves to add all members' names. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Hunter for a recognition.

REPRESENTATIVE TODD HUNTER: Madam Speaker, members. In the gallery today I'm proud to present a great group of people from United Technologies Corporation. United Technology is a diversified corporation providing a broad range of high technology products and services to the global aerospace and commercial building industries. It was built by pioneers whose innovations transformed the way people live and work. And I want to tell you-all two things. One, the space gloves that you've seen they have created. But here's what I want all the members to know. They had the transport equipment that transported the Navy Seals that did the act on Osama bin Laden. So we appreciate the equipment of and the pure defense as well as the military as well as public service they provide. With us today is Martin Villaramos, United Technologies Corporation from Hartford, Connecticut. Thompson Hamilton Sons from Houston; Rene Wilson from Posit Technology of Sikorsky Aerospace Company, Dallas; Christy MacFarling, Otis Elevator Company Austin; Jim Orsak, Pratt-Whitney. Thank you you-all for coming to Texas. Thank you for what you've done for the United States. Thank you for coming to the Texas Legislature.

REP. DONNA HOWARD: Chair recognizes Representative Alvarado.

REPRESENTATIVE CAROL ALVARADO: Thank you, Madam chair and speakers, I move to suspend necessary rules to take up House Resolution 1740.

REP. DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR 1740 by Alvarado. Recognizing October 2011 as Inflammatory Breast Cancer Awareness Month.

REP. DONNA HOWARD: Chair recognizes Representative Alvarado.

REPRESENTATIVE CAROL ALVARADO: Thank you, Madam Speaker. I'm pleased to be joined by my colleague Representative Larry Taylor. House Resolution 1740 establishes October 2011 as Inflammatory Breast Cancer Month in Texas. Inflammatory breast cancer or IBC is an aggressive, often fatal type of breast cancer that is commonly misdiagnosed. IBC frequently goes unrecognized due to the lack of awareness of this terrible disease. It's extremely aggressive and strikes younger women between 20 and 50, and an overall survival rate of 30 to 40 percent. I'm also joined here by Representative Sarah Davis and we'd like to welcome Ms. Terry Arnold an IBC survivor and advocate who is sitting in the gallery. She brought this resolution forward to help raise awareness, education, and support for the fight against this disease. She accompanied by her family. Also in the gallery are IBC patients, ambassadors, and advocates, members of the MD Anderson Morgan IBC clinic as well as representatives from Koman for the cure, American Airlines and Ben's friends. And also joining the group is New Mexico State Senator Tim Jennings who was instrumental in securing funding for the University of New Mexico Cancer Center, IBC research. Members, please, help me give them a warm Texas welcome. I move passage.

REP. DONNA HOWARD: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Representative Sarah Davis of Harris moves to add all members' names. Any objection. Chair hears none. So ordered. Chair recognizes Representative Kolkhorst for a quick announcement.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Madam Speaker. The Public Health Photo that was scheduled at 10:30 today we are canceling because one member is ill. We'll try to get all the committee members there so we will reschedule either for tomorrow or another later date. Thank you.

REP. DONNA HOWARD: Chair recognizes Representative King of Taylor.

REPRESENTATIVE SUSAN KING: Thank you, Madam Speaker and members. I move to suspend all necessary rules to take up and consider House Resolution 1047.

REP. DONNA HOWARD: Members, this is a memorial resolution, please, take your seats. Is there any objection to the suspension of the rules. Chair hears none. Rules are suspended. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR 1047 by King of Taylor. WHEREAS, A life made rich through meaningful service drew to A close with the death of Tom Gordon of Abilene on June 28, 2010, at The age of 97; and WHEREAS, Born in Palestine, Mr. Gordon graduated from Palestine High School and earned his undergraduate degree at The University of Texas at Austin; he went on to attend law school at UT, and served as a legal investigator for the state attorney General's office while completing his studies; he was admitted to the Texas Bar in 1937; and WHEREAS, After launching his legal career, he was joined in Marriage with the former Frances Lawlis, with whom he would share 70 Years; Mr. Gordon answered his nation's call to duty during World War II, serving in the U.S. Army Air Forces from 1942 to 1946; and WHEREAS, Returning to Texas after his military service, he Joined the legal staff at Vinson, Elkins, Weems and Francis in Houston and then, in 1950, began his own private practice in Abilene; he was a member of the State Bar of Texas and a life member Of the Texas Bar Foundation, and from 1970 to 1971, he was president Of the Abilene Bar Association; and WHEREAS, Mr. Gordon took an active role in public affairs And in the 1950s he represented Texas at the White House Conference On Aging conducted by President Eisenhower; Governor John Connally Appointed him to the State Land Board of Texas in 1967, and he went On to serve as chair of the Texas Alcoholic Beverage Commission Under five governors; an active member of the Democratic Party, he Was a member of the Rules and Order of Business Committee at the 1968 Democratic National Convention in Chicago; and WHEREAS, Well known for his work in the energy industry, he Served on the executive, import policy, and natural gas committees Of the Independent Petroleum Association of America; for several Years, he chaired the Liaison Committee, an umbrella group of state And national independent oil and gas associations; and WHEREAS, This accomplished civic leader likewise devoted Much time to community organizations in Abilene, where he was chair Of the American Red Cross, Citizens for Better Government, and the city's Civil Service Commission and was president of the Petroleum Club of Abilene and the Abilene Fine Arts Museum board; while Heading the Abilene Preservation League in 1984 and 1985, he playedA vital role in the creation of the city's Landmarks Commission, the Historic Overlay Ordinance, and the Historic Tax Incentive program; Moreover, he was a member of the congregation at St. Paul United Methodist Church, serving on the board of trustees and teaching Sunday school; and WHEREAS, A respected lawyer, a caring family man, and a Dedicated public servant, Tom Gordon excelled in each of these Roles, and the integrity and generosity of spirit with which he Lived his life will continue to inspire all who had the good fortune To know him; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Tom Gordon and extend sincere condolences to the members of his family: to his wife, Frances Lawlis Gordon; to his daughter, Brooke Gordon Cato and her husband, George; to his granddaughters, Leigh Gordon DuBose and her husband, Nathan, Ann Dowling Bernard and her husband Tollie, and Maggie Cato and Jay Habayeb; to his Great-granddaughters, Kate Bernard and Frances Bernard; to his Great-grandsons, Gordon DuBose, Tolbert Bernard, and John DuBose; And to his other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be Prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of Tom Gordon.

REP. DONNA HOWARD: Chair recognizes Representative King.

REPRESENTATIVE SUSAN KING: Thank you, Madam Speaker and members. Today we stand to honor a life well lived and long-lived. Someone who was serving under five governors for the State of Texas. Can you imagine. And also had connections to the White House and to national government as well. He served as the head of the Texas Beverage Commission for many years. He was a Democrat. He was one of the funniest, one of the most amazing people in my town Abilene, Texas. His wife is still living. I spoke to her about 30 minutes ago, she's 97 and she's clearer and more articulate than probably -- than certainly than I am or probably many of you on the floor. This woman is someone to be reckoned with. And the fact that her spouse died recently to show those that the dynamic nature of a married couple for so many years is a force to be reckoned with in our society. Before I go any further I'm even going break protocol and not introduce the dais. I want the great grandchildren up in the gallery to stand because I see them waiving their arms and doing things and I don't know that they'll remember Tom but surely the great memory and legacy that he has will be transferred to them. Will the great grandchildren of Tom Gordon, please, stand up. I see one father up there. He's very expertly taking care of I believe I see three small people up there. Thank you for being at your Texas House today recognizing Mr. Gordon. And so, on the dais behind me you will see a familiar face on the far end Representative Tony Goldstein and his wife, Poppy. There relatives of Tom Gordon. And, quite frankly, Tony said you better have that resolution done in a timely way. I said we're working on it. So thank you for Tony and Poppy for being here. We also have the daughters next there to Tony and Poppy, Leigh Gordon DuBose, and Ann Dowling Bernard and the great George Cato, we could talk about him for days but he's not being honored today so he will just be a son-in-law now there and his wonderful wife Brooke Cato. So, please, join me in honoring the life of Tom Gordon and if you would like to come up and honor these people up here today at our Capitol -- it's there capitol. I would certainly encourage you to do so and give Representative (*inaudible) a little tap on the should and thank him for being here as well. Mr. Speaker, members I move adoption.

REP. DONNA HOWARD: Members, s this is a memorial resolution all those in favor, please, rise. Resolution is unanimously adopted. Representative Woolley moves to add all members' name. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis for a motion.

REPRESENTATIVE YVONNE DAVIS: Thank you Mrs. Speaker and members. I would like to suspend necessary rules to take up House Resolution 1663.

REP. DONNA HOWARD: Members, you heard the motion. Is there any objection? Chair hears none. Rules are suspended. Chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR 1663 by Davis of Dallas. Honoring the Afiya Center of Dallas on the occasion of its May 2011 empowerment summit for women. Chair recognizes Representative Davis.

REPRESENTATIVE YVONNE DAVIS: Move adoption.

REP. DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: Thank you, Madam Speaker and members. I'd ask you to take a moment to welcome the Kimball High School Boys Basketball Team. If you will just take a minute to welcome them to the Texas House of Representatives. We want to present to you the 2011 University Interscholastic League for a state champion from District 111. And as many of you may have noticed this is not something they do every now and then, this is pretty regular. They have a great program there. I want other members of the team to stand up so that we can salute you as well. We appreciate you-all being here. The Kimball High School Knights have a 78/64 victory over La Marque High School. They had a season record of 36 and 3. So we're very proud to have them. Madam Speaker, I would like for us to consider HR 1044.

REP. DONNA HOWARD: Members you heard Ms. Davis' motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolution. Clerk will read the resolution.

CLERK: HR 1044 by Davis of Dallas. WHEREAS, Demonstrating outstanding skill and dedication, the boys' basketball team of Kimball High School in Dallas captured the 2010-2011 University Interscholastic League 4A state championship with a victory in the title game on March 12; and WHEREAS, Playing in front of 12,836 fans at the Frank Erwin Center in Austin, the Knights stormed out to a 13-2 lead against La Marque High School; the game turned into a closely contested dog fight in the second half, but determined play down the stretch allowed Kimball to come away with the 78-64 win and to claim its first state title since 1997; and . WHEREAS, The Knights were paced by Shannon Lilly, who scored 23 points and was especially effective on three-point shots, making five of six; for his efforts, Mr. Lilly was named the game's most valuable player; exceptional performances were also turned in by Austin Franklin, who had 15 points, and Oscar Lewis, who scored 8; and WHEREAS, Winning with a true team effort, the Knights also received valuable contributions throughout the season from the other members of the roster: Gabriel Lilly, David Tucker, Ryan Daniels, Jarion Henry, Courtney Bouknight, Jalen Jones, Jordon Adams, Jordan Williams, D'Angelo Allen, Nicholas Murrell, Randelle Jones, Kelvin Kizzee II, and Dondre Carter; and WHEREAS, Head coach Royce Johnson led Kimball to a 38-3 record on the year, and he was ably assisted by Ryan Foppe, Robert Jacobs, Bo Johnson, and Toby Daniels; and WHEREAS, Through hard work and an enduring commitment to Excellence, the Kimball High School basketball team reached the Ultimate level of success during the 2010-2011 season, and these Skilled athletes, their coaches, and their fans may take justifiable pride in this accomplishment; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate the Kimball High School boys'. Basketball team on winning the UIL 4A state championship and Commend the players and coaches for their fine work during the Title-winning season; and, be it further RESOLVED, That an official copy of this resolution be Prepared for the team as an expression of high regard by the Texas House of Representatives.

REP. DONNA HOWARD: Chair recognizes Representative Davis.

REPRESENTATIVE YVONNE DAVIS: Members, on the dais we have some of the players and the head coach Mr. Royce Johnson. If you'll just waive your hands so that -- Coach Johnson. We have player guard who is a junior Shannon Lilly, Austin Franklin who is a senior, Mr. Oscar Lewis who is a senior, Mr. George Williams, Mr. Jalen Jones and Mr. Jarion Henry. They're seniors all but one, Shannon is a junior. We look forward to him being back next year with the champs for next year. But this time if you would join me in saluting and congratulating Kimball High School Boys Basketball Team the 2011 4A state champion.

REPRESENTATIVE JOE DRIVER: Madam speaker.

REP. DONNA HOWARD: Representative Driver, for what purpose?

REPRESENTATIVE JOE DRIVER: Question of the author of the resolution.

REPRESENTATIVE YVONNE DAVIS: I do.

REPRESENTATIVE JOE DRIVER: Do you know how many times this team has been to the State tournament and how many times they've won the State tournament.

REPRESENTATIVE YVONNE DAVIS: I think they've been about 12/13, they won it four times.

REPRESENTATIVE JOE DRIVER: That's what I don't think the members realize. It's hard enough just to get to the state tournament one time or two times but year after year after year speak to the program that they've put together. I see a former Garland High School coach up hear that -- he's probably trying to forgot about but we appreciate him being in Garland for awhile. The program that they've put together year after year returns this team year and it shows the quality of the organization and the quality of the players. And I'm sure they've got some players up here that will be in the tournament next year. And we're glad to have them on the House floor appreciate you guy.

REPRESENTATIVE YVONNE DAVIS: Thank you Representative Driver. We look forward to your continued support. I've just been advised, representative Larry Taylor was concerned that we did beat his team and we'll just let him know that we'll beat them next year, too. Y'all want to let them know that. Thank you. With that I move adoption of this resolution.

REP. DONNA HOWARD: Members, you've heard the motion. Any objections? Chair hears non. So ordered. Representative Eric Johnson moves to add all members' names along with Representative Driver. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Miller for a recognition.

REPRESENTATIVE SID MILLER: Mr. Speaker, members, I'd like for you to welcome some very special guests from my district from Erath Excels Academy, Huston Academy in Stephensville, Texas. Please, stand. We have students from the academy with us today, please, give them a round of applause. And we have the beautiful school administrator my wife Debra Miller is here. Thank you hun, we love you.

REP. DONNA HOWARD: Chair recognizes Representative Taylor for a motion.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam speaker, members. It's my honor today to recognize some folks from my district. We have students from the Ed White Memorial High School which is named after the astronaut Ed White. It opened its doors in 1998. It's parent organization Bay Area Charter Schools is an open enrollment charter school that serves 19 independent school districts in the Galveston Bay Area. Their mission is to foster the excitement of learning through an interactive educational environment. The values of gift of every talented child and encouraging cooperation among students, parents, and the school community. Students and teachers from the Ed White Memorial High School are up here in the gallery. I ask you to help me in joining me and recognizing them and welcoming them to the Capitol. Hope you guys have a great tour.

REP. DONNA HOWARD: Chair recognizes Representative McClendon.

REP. RUTH JONES MCCLENDON: Thank you, will all members of the Committee on Rules and Resolutions, please, leave immediately at the Speaker's conference room for a picture. Thank you. The Rules and Resolutions Committee. Thank you.

REP. DONNA HOWARD: Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam speaker. I move to suspend all necessary rules to take up and consider House Resolution No. 1641.

REP. DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The following resolution. The clerk will read the resolution.

CLERK: HR 1641 by Taylor. Honoring Bay Area Charter Schools and welcoming the delegation from Ed White Memorial High School in League City to the State capitol on May 4th, 2011.

REP. DONNA HOWARD: Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam speaker and members. I just want to make it official. I do have a resolution honoring the group from Ed White Memorial High School and I move passage. Thank you.

REP. DONNA HOWARD: Members you're heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Alonzo.

REP. ROBERTO R. ALONZO: Thank you, Mrs. Speaker, members. I ask that we suspend all necessary rules to take up House Resolution 1702.

REP. DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the resolution. The clerk will read the resolution.

CLERK: HR 1702 by Alonzo. Recognizing the 2011 Oak Cliff Coalition for the Arts, Cinco de Mayo street festival.

REP. DONNA HOWARD: Chair recognizes Representative Alonzo.

REP. ROBERTO R. ALONZO: Mr. Speaker, members, this is one of many resolution of Cinco de Mayo. Tomorrow is Cinco de Mayo Oak Cliff. I move adoption.

REP. DONNA HOWARD: Members, you've heard the motion. Any objections? Chair hears none. So ordered. Representative Alonzo moves to add all members' names. Any objection? Chair hears none. So ordered. Members Representative Davis moves to add all members' names. Any objection? Chair hears none. So ordered. Chair recognizes -- chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Madam speaker, members, I move to suspend all necessary rules to take up HR 1741.

REP. DONNA HOWARD: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Following resolution. The clerk will read the resolution.

CLERK: HR 1741 by Hunter. Welcoming representatives to the United Technology Corporation to the State capitol.

REP. DONNA HOWARD: Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Move passage.

REP. DONNA HOWARD: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Chair recognizes Representative Nash.

REPRESENTATIVE BARBARA NASH: I move to suspend necessary rules -- I move the consider House Bill 1489.

REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion to suspend necessary rules. Is there any objection? Chair hears none. So ordered. Chair lays out House Resolution 1489.

CLERK: HR 1489 by Nash. Commemorating 50th anniversary of Six Flags Over Texas in Arlington.

REP. DONNA HOWARD: Chair recognizes Representative Nash.

REPRESENTATIVE BARBARA NASH: Well, we want to honor Six Flags for their 50th anniversary and we have a lot of activities that will be going on this summer and we're so proud of them. I don't know if we have any guests in the audience but I just wanted to do this resolution for Six Flags over Texas which is in my district.

REP. DONNA HOWARD: Members, you heard the motion. Is in any objection? Chair hears none. So ordered.

REPRESENTATIVE BARBARA NASH: It's in my current district and it's going to be in my next district, too.

REP. DONNA HOWARD: Members, Representative Geren moves to add all members' names to the resolution in recognition of Six Flags Over Texas. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Smith. Chair recognizes Representative Gonzales of Hidalgo.

REP. VERONICA GONZALES: Ms. Speaker, members, I move to suspend all necessary rules to take up HR 1521.

REP. DONNA HOWARD: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. The chair lays out the following resolution. The clerk will read the resolution.

CLERK: HR 1521 by Gonzales. Congratulating Gloria Galvan of McAllen on her selection as the 2010-2011 Faculty Representative of the Year by the Texas Classroom Teachers Association.

REP. DONNA HOWARD: Chair recognizes Representative Gonzalez.

REP. VERONICA GONZALES: Move for passage.

REP. DONNA HOWARD: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Representative Eissler moves to add all members' names. Any objection? Chair hears none. So ordered. Chair recognizes Representative Button for a motion.

REP. ANGIE CHEN BUTTON: Members, Speaker I'd like to suspend necessary rules to take up and consider HR 1046 recognizing May 2011 as Asian American Heritage Month.

REP. DONNA HOWARD: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Following resolution. Clerk will read the resolution in full.

CLERK: HR 1046 by Button. WHEREAS, Asian-Pacific Americans contribute vitally to communities across the United States, and the observance of Asian-Pacific American Heritage Month in May 2011 offers a fitting opportunity to recognize this diverse group of people; and WHEREAS, In 1990, President George H. W. Bush expanded the annual celebration of Asians and Pacific Islanders in the U.S. from the first 10 days of May to the entire month; May was chosen to commemorate the immigration of the first Japanese to the United States on May 7, 1843, and to mark the May 10, 1869, anniversary of the completion of the transcontinental railroad, which was built in large part by Chinese immigrants; and . WHEREAS, Since the early waves of Asian immigrants in the 19th century, people from throughout the Asian continent and the Pacific Islands have made the United States their home; Asian-Pacific Americans number more than 15 million and have distinguished themselves through their service in the U.S. Military, their business and professional endeavors, their Community involvement, their cultural traditions, and their strong Bonds of family; and WHEREAS, Asian-Pacific Americans have made a positive and Lasting difference to the Lone Star State and the country as a Whole, and the celebration of Asian-Pacific American Heritage Month Acknowledges and promotes the immeasurable benefits of living in a Truly diverse society; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize May 2011 as Asian-Pacific American Heritage Month and encourage all citizens to learn more about the History and achievements of Asian-Pacific Americans.

REP. DONNA HOWARD: Chair recognizes Representative Button.

REP. ANGIE CHEN BUTTON: Thank you, speaker, members, ladies and gentlemen. I am absolutely excited and proud to announce that we are celebrating May as the State of Texas Asian American Heritage Month. Just a half an hour ago we had a wonderful visit with our Governor Perry. Now we are celebrating at the Texas House. On the dais we have the president of Asian Pacific American Heritage Association of Houston Ms. Kim-Ha T. Nguyen; San Antonio city councilwoman, Elisa Chan, Missouri City councilman, Daniel Nguyen; Suma Kulkami, president of the DFW Asian American Citizens Council; Mr. Amir Rupani, past chair of the Greater Dallas Asian American Chamber and Mr. Peter Hwang cofounder of the Houston 80/20 Asian American Pac. In the gallery I would like to honor retired State Representative from Houston, Dr. Martha Wong; Joe Chow; Southlake City councilman, Jeff Wang, Texas Professional Engineering member Daniel Wong; Dallas Chinese Bible Church Mr. Walter Cheung from Irving. Chair of McAllen -- I'm sorry, Alamo Asian American Chamber of Commerce president Melinda Rodriguez, Korean American Coalition of DFW Chapter,

(*inaudible); Houston, Teresa Chen; Chinese American Professional Association, Davy Wai, and many, many friends from across the state, please, stand for recognition. Welcome to the Texas Capitol as you can see that we have many of my colleagues standing here to support me. Thank you very much. Will anyone like to say a few words. Thank you for your support.

REPRESENTATIVE CHARLIE HOWARD: I would like to welcome all of you I think I have the most diverse district in the state. I have a lot of you here. We're glad to have you here. And God bless all of you.

REP. DONNA HOWARD: Chair recognizes Representative Vo.

REPRESENTATIVE HUBERT VO: I just want to make a motion to add all members' names to the resolution.

REP. DONNA HOWARD: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam speaker, members. I just want to recognize Katherine (*inaudible), a dear friend of mine from Irving that's here, Katherine, hello and welcome to everyone that is here today.

REP. DONNA HOWARD: Representative Button moves for adoption of the resolution. Representative Howard of Fort Bend, Representative Vo move that all members' names be added. Any objection? Chair hears none. So ordered. Chair recognizes Representative Gonzalez for an announcement.

REP. VERONICA GONZALES: Thank you, Madam speaker. Members of the Border and Governmental Health Committee we are going to be having our photo at 11:30 in the Speaker's conference room. So if you could meet right outside of the chambers so we can take the photo at 11:30. Thank you.

REPRESENTATIVE DONNA HOWARD: Members, we're about to go on the calendar.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative Smith.

REPRESENTATIVE WAYNE SMITH: I suspend all rules to take up House Resolution 1310.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. There any objection? Chair hears none. So ordered. The clerk will read the resolution.

CLERK: HR 1310 by Smith of Harris. Recognizing May 4th, 2011 as Texas Environmental Excellence Awards Day and commending the 2011 award recipients.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative Smith.

REPRESENTATIVE WAYNE SMITH: Mr. Speaker, members. This is a big day for the Texas Environmental Excellence Awards are tonight at the annual function that will be at the Austin Convention Center. The winners of the Texas Environmental Excellence Awards are here in the chambers with us on the south side of the gallery. The winners in the gallery today are Harlingen Irrigation District Cameron County No. 1 represented by Wayne Halbert and Tom McLemore; Valley Proud Environmental council, Georgiana Matz and Laura Maxwell; San Antonio Water System, Roberto Aguiano, and Greg Flores, I'm sorry if I didn't pronounce it right. U.S. Army Fort Bliss Directorate of Public Works of El Paso, Colonel Joseph A. *Saminelly, Jr.; and Lydia Lanhart, Union Pacific Railroad, Lani A. Schmidt, Mike E. Iden; North Texas Municipal Water District James "Jim" Parks, and Sally parks. There's fifth graders here today and there principal is Jeremy Seger, they are Carson Defaloney, Tyler Cable, Alex Branch, Zane Kaiser, Kevin Lee Flores and their teacher and project sponsor that's with them is Martha McCloud. Not attending today is the individual winner David Baker of Wimberley Valley Water Association. Welcome to your House and members give a hand to these folks who have worked for hard to win the Environmental Excellent Awards of Texas this year. Than you for attending and I move passage.

REPRESENTATIVE SID MILLER: Members, Representative Smith moves adoption of the resolution. Is there any objection? Hearing none. So ordered. Members, we're going on the calendar. Chair lays out SB 396 on third reading. Clerk will read the bill.

CLERK: SB 396 by Deuell. Relating to state fire Marshalls investigation of the death of a firefighter who dies in the line of duty or in connection with an on duty incident.

REPRESENTATIVE SID MILLER: Chair recognizes Representative Marquez to explain the bill.

REPRESENTATIVE MARISA MARQUEZ: Thank you, Mr. Speaker. This is a firefighters fatality investigation bill we passed yesterday. I move passage.

REPRESENTATIVE SID MILLER: Members, the question occurs on third reading of Senate Bill 396. This is a record vote, members. Clerk will ring bell. Vote aye, vote nay. Have all voted? Show Representative Branch voting aye. There being 145 ayes 0 nays, SB 396 is finally passed. Chair lays out Senate Bill 934 on third reading.

CLERK: SB 934 by Williams. Relating to the enforcement of tax laws providing criminal penalty.

REPRESENTATIVE SID MILLER: Chair calls on Representative Hildebrand to explain his bill.

REPRESENTATIVE HARVEY HILDERBRAN: This is the same bill we did yesterday and I move passage.

REPRESENTATIVE SID MILLER: Question occurs on Senate Bill 934. Vote aye, vote nay. Clerk will ring the bell. Have all voted? Have all voted? Showing Representative Patrick voting aye. There being 143 ayes, 3 nays, senate bill 934 has finally passed. Chair lays out on third reading Senate Bill 1086. Clerk will read the bill.

CLERK: SB 1086 by Estes. Relating to the operation by the Department of Agriculture of programs for rural economic development and the marketing and promotion of agricultural and other products grown, processed, or produced in this state.

REPRESENTATIVE SID MILLER: Chair calls on Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker, members. This is the bill we passed yesterday that relates to the Department of Agriculture programs. Move passage.

REPRESENTATIVE SID MILLER: Members, you heard the motion. Question occurs on final passage of Senate Bill 1086. Vote aye. Vote nay the. Clerk will ring the bell. Have all voted? Have all voted? There being 110 ayes 28 nays, Senate Bill 1086 is passed on third reading. Chair lays out Senate Bill 257 on third reading. Clerk will read the bill.

CLERK: SB 257 by Carona. Relating to the issuance of "Choose Life" license plates and the creation of the Choose Life account in the general revenue fund.

REPRESENTATIVE SID MILLER: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Members, this is the bill that we spent a lot of time on yesterday. I would ask for your approval. Move passage.

REPRESENTATIVE SID MILLER: Question occurs on Senate Bill 257. Vote aye, vote nay. Clerk will ring the bell. Have all voted? All voted? Being 110 ayes, 26 nays, senate Bill 257 is passed from third reading. Question occurs on Senate Bill 321. Clerk will read the bill.

CLERK: SB 321 by Hagar. Relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.

REPRESENTATIVE SID MILLER: Chair recognizes Representative Kleinschmidt to explain the bill.

REP. TIM KLEINSCHMIDT: Senate Bill 321 allows employees to have firearms.

REP. DONNA HOWARD: Mr. Speaker.

REPRESENTATIVE SID MILLER: Representative Howard.

REP. DONNA HOWARD: Would the gentleman yield for a few questions?

REP. TIM KLEINSCHMIDT: I yield.

REPRESENTATIVE SID MILLER: Would the gentleman yield? He yields.

REP. DONNA HOWARD: Thank you, Tim, I still have a few questions. I'm still trying to clarify the choices that we're making with this particular bill. My understanding is that -- you're a lawyer, right?

REP. TIM KLEINSCHMIDT: Yes.

REP. DONNA HOWARD: This is an at will state in terms of employment.

REP. TIM KLEINSCHMIDT: Yes, it is.

REP. DONNA HOWARD: So what I'm trying to understand here is, if someone brings their gun to the parking lot because they can do that now with this bill. If the employer does not want them to do that and they fire them because of that, what would happen to that employee? What would the employees option be at that point?

REP. TIM KLEINSCHMIDT: I'm really not advised. I am an attorney but I don't do employment law so you've got me strung out a little too far there.

REP. DONNA HOWARD: I certainly do not either but my understanding, if I'm correct. I'm asking maybe if this is correct, if we are at an at will state that means that we can fire somebody for whatever reason we want. We don't have the protection here of let's say, unions. So we can fire people for whatever, if we decide to fire them for. Unless it's a protected class.

REP. TIM KLEINSCHMIDT: I think you know being an at will employment state that you're subject to, you know, termination at anytime without a contract in the State of Texas.

REP. DONNA HOWARD: So what would be the purpose of this bill be.

REP. TIM KLEINSCHMIDT: This purpose -- this bill is not intended to in anyway effect employment relationships. It's not the intent of the bill. It's a second amendment bill is what it is.

REP. DONNA HOWARD: So if an employer wanted to terminate someone they could do so because there's no reason that they have to allow the person a right that apparently it looks like this bill is trying to impose.

REP. TIM KLEINSCHMIDT: I cannot answer that question. I'm sorry.

REP. DONNA HOWARD: So you don't think that this needs to be a protected class similar say to disabilities.

REP. TIM KLEINSCHMIDT: I think we're pretty well protected by our second amendment rights. So I think an employer would take some risk with doing that. Again, I'm not advised. Sorry.

REP. DONNA HOWARD: So, again, I think the choice that we seem to be making here is whether or not we're trying to impose something on employers that's going to limit their options or subject them to the possibility of employment lawsuits if they take action, if they don't want somebody to bring a gun onto their property if it's in their parking lot.

REP. TIM KLEINSCHMIDT: I really don't think it increases risk to employers but that's just a personal opinion.

REP. DONNA HOWARD: Okay. Thank you.

REPRESENTATIVE JOHN OTTO: Mr. Speaker.

REPRESENTATIVE SID MILLER: For what purpose Representative Otto?

REPRESENTATIVE JOHN OTTO: Would the gentleman yield?

REPRESENTATIVE SID MILLER: Does the gentleman yield?

REP. TIM KLEINSCHMIDT: Yes.

REPRESENTATIVE SID MILLER: He does.

REPRESENTATIVE JOHN OTTO: Representative Kleinschmidt, I support your bill but I want to get legislative intent or clarification. If an employer currently or in the future were to negotiate a contract with Administaff making all the people that work for his company now employees of Administaff and no longer his employees as I understand your bill then they would not be covered by your bill, they would be covered the same as contractors and would not be eligible for the provisions of this legislation; is that correct?

REP. TIM KLEINSCHMIDT: If they're contractors and not employees they are not covered by my bill.

REPRESENTATIVE JOHN OTTO: But in other words if they are Administaff employees then they could not park in the company where they actually go to work, they could not bring weapons in their vehicles to that place of work since they are not longer employed by that employer.

REP. TIM KLEINSCHMIDT: I would agree with you.

REPRESENTATIVE JOHN OTTO: Thank you.

REPRESENTATIVE DAN HUBERTY: Mr. Speaker.

REPRESENTATIVE SID MILLER: For what purpose?

REPRESENTATIVE DAN HUBERTY: Would the gentleman yield?

REPRESENTATIVE SID MILLER: Does the gentleman yield?

REP. TIM KLEINSCHMIDT: I yield.

REPRESENTATIVE SID MILLER: He yields.

REPRESENTATIVE DAN HUBERTY: Thank you, Representative Kleinschmidt, we talked a little bit about it this morning about the intent of this legislation. We talked a little bit about it yesterday, as well, about some liability issues. And I think there's many representatives here in this room that have a similar -- one of the concerns that I had and we brought it up last night which is as a premises owner, building owner that has multiple tenants in a building your bill does not create any additional liability for building owners that have multiple tenants in the building at this particular time. At least that's what our understanding was this morning; am I correct?

REP. TIM KLEINSCHMIDT: My understanding and it is not the intent of this bill to create any new duty or liabilities for the owners of the property.

REPRESENTATIVE DAN HUBERTY: So, a multi-tenant building owner as an example that has an employer that says that those employees can now bring guns to a parking lot that they do not own, that the employer does not own, I as a building owner that own the parking lot are not going to assume any additional liability on that.

REP. TIM KLEINSCHMIDT: There is no intent on the part of the bill to create any additional new duty or like on the part of the landowner. That is correct.

REPRESENTATIVE DAN HUBERTY: Thank you, representative.

REP. HAROLD V. DUTTON JR.: Mr. Speaker.

REPRESENTATIVE SID MILLER: Mr. Dutton, for what purpose?

REP. HAROLD V. DUTTON JR.: Would the gentleman yield for a question.

REPRESENTATIVE SID MILLER: Gentleman yield?

REP. TIM KLEINSCHMIDT: I yield.

REPRESENTATIVE SID MILLER: He yields.

REP. HAROLD V. DUTTON JR.: Thank you, after a good night sleep I think I'm for your bill.

REP. TIM KLEINSCHMIDT: Thank you.

REP. HAROLD V. DUTTON JR.: And the reason I'm for it is because I think there are two unintended consequences perhaps that maybe a benefit. One is that the only persons who are not eligible to carry a gun are people that are ex-felons, would you agree?

REP. TIM KLEINSCHMIDT: People who are what?

REP. HAROLD V. DUTTON JR.: People who are ex-felons. They would be prohibited from carrying a weapon.

REP. TIM KLEINSCHMIDT: I agree.

REP. HAROLD V. DUTTON JR.: So an employer now would probably be more inclined to higher ex-felons if they wanted to have a safe workplace.

REP. TIM KLEINSCHMIDT: I guess you could look at it that way.

REP. HAROLD V. DUTTON JR.: I'm sorry.

REP. TIM KLEINSCHMIDT: That makes it an employment bill also.

REP. HAROLD V. DUTTON JR.: The other reason is because I think your bill creates a right for an employee to have a gun on the premises and to the extent that an employee claims that I was terminated for having my gun, I think that provides an opportunity for a lawyer to sue employer for terminating an employee. Your bill doesn't prevent that does it?

REP. TIM KLEINSCHMIDT: Mr. Dutton, I'm simply not advised. I personally do not do employment law and would hesitate to comment on that subject matter.

REP. HAROLD V. DUTTON JR.: Thank you for a great bill.

REP. TIM KLEINSCHMIDT: Thank you.

REPRESENTATIVE TRYON LEWIS: Mr. Speaker.

REPRESENTATIVE SID MILLER: Mr. Lewis, for what purpose?

REPRESENTATIVE TRYON LEWIS: Will the gentleman yield for a couple of questions?

REPRESENTATIVE SID MILLER: Do you yield?

REP. TIM KLEINSCHMIDT: Yes.

REPRESENTATIVE SID MILLER: He yields.

REPRESENTATIVE TRYON LEWIS: What I wanted to do if I could Tim, is yesterday I didn't ask for the questions that I asked to be reduced to the journal and I wanted to ask those questions on your intent again. First of all in the immunity section it says that the people who are given immunity it's the employer and the employer's agent.

REP. TIM KLEINSCHMIDT: Correct.

REPRESENTATIVE TRYON LEWIS: And I asked you at that time by the term "agents" did -- is it your intent that agents be interpreted in it's broadest sense.

REP. TIM KLEINSCHMIDT: Yes.

REPRESENTATIVE TRYON LEWIS: So agents as you have it in your bill would mean the employer itself, it's partners, it's principles, it's officers, directors, and other employees will all be covered by that immunity; is that correct?

REP. TIM KLEINSCHMIDT: Yeah, I think you added employees there in the end and it would not include an employee that was involved in some action in the parking lot but to the extent agent officer director, manager, et cetera acting on behalf of the employer, yes, it would be.

REPRESENTATIVE TRYON LEWIS: But it would include any employees who were not guilty themselves of say malfeasance with regard to firearm or familiar to follow 52061, correct?

REP. TIM KLEINSCHMIDT: I believe it would?

REPRESENTATIVE TRYON LEWIS: Okay. And that is your intent that those persons also receive immunity, correct.

REP. TIM KLEINSCHMIDT: So long as they're acting as an agent of their employer which would mean within the scope and purposes of their employment.

REPRESENTATIVE TRYON LEWIS: And the other thing I wanted to ask you about. Also in that paragraph it says that these people are immune from any liability for firearms that are transported onto or stored on the employers premise in accordance with 52061, I think.

REP. TIM KLEINSCHMIDT: Correct.

REPRESENTATIVE TRYON LEWIS: And I asked you yesterday and I want to make sure this is still correct that 52061 had some requirements. You had to be authorized to be in possession of the firearm and you had to lock your car, it has to be a locked vehicle, correct?

REP. TIM KLEINSCHMIDT: Yes, to legally have possession of the firearm you either be a CHL or a legal purpose of a firearm.

REPRESENTATIVE TRYON LEWIS: But as I understand it, it is your intent that the persons who are made immune, are made immune regardless of whether the individual failed to lock the car or not; is that correct?

REP. TIM KLEINSCHMIDT: The bill does not seek to create any liability on an employer or the employees failure to lock the vehicle.

REPRESENTATIVE TRYON LEWIS: And the bill does not place any duty on the employer to make sure that the vehicles are lock or that the person is authorized to have a weapon in the first place.

REP. TIM KLEINSCHMIDT: Correct.

REPRESENTATIVE TRYON LEWIS: Okay. That was in -- Mr. Speaker.

REPRESENTATIVE SID MILLER: Yes. Representative Lewis for what purpose?

REPRESENTATIVE TRYON LEWIS: I request that the remarks my remarks -- my questions to Representative Kleinschmidt and his answers be reduced to writing and placed in the journal.

REPRESENTATIVE SID MILLER: Members, you heard the motion. Is there objection? Hearing none. So ordered.

REPRESENTATIVE TRYON LEWIS: Thank you.

REPRESENTATIVE MARK STRAMA: Mr. Speaker, will the gentleman yield?

REPRESENTATIVE SID MILLER: Mr. Strama, for what purpose?

REPRESENTATIVE MARK STRAMA: For a question of author.

REPRESENTATIVE SID MILLER: Do you yield?

REP. TIM KLEINSCHMIDT: I yield.

REPRESENTATIVE SID MILLER: He yields.

REPRESENTATIVE MARK STRAMA: Thank you, Representative Kleinschmidt. A question following up on Representative Howard's questions. I know you said you're not an employment lawyer but I can't understand, what the bill does if I don't know how it effects an employer's ability to terminate an employee for at that employer's will. Is it your understanding that an employer is required by this bill to say to his or her employees you have a right to bring a gun in your car on the parking lot my premises but I have a right to fire you for doing it. So you may do it but may only do it once.

REP. TIM KLEINSCHMIDT: I don't think there's any duty on the part of the employer to advise the employee of this statute one-way or the other.

REPRESENTATIVE MARK STRAMA: Forget the advise. I'm trying to get you to help me understand what your bill does. If an employer decides to fire an employee for bringing a gun on that employer's premise is it prohibited by this bill.

REP. TIM KLEINSCHMIDT: I don't think there's any intent to enter into that aspect of the employee/employer relationship in this bill.

REPRESENTATIVE MARK STRAMA: So I want to understand what the practical consequence of this bill is. If I'm an employer; such as, Hewlett Packard, an employer in my district, and I don't want employees bringing guns on my premise today before your bill passes I have the ability to say you may not do it. After your bill passes I cannot say you can't do it but I can fire you if you do it. Is that a correct understanding of what your bill does as a practical matter?

REP. TIM KLEINSCHMIDT: As a practical matter -- my understanding of it is that at will employment is you don't have to give a purpose or cause today if you're not contracting employees that have a written or expressed contract. So I don't see why an employer would take the opportunity to say I'm firing specifically because you have a gun on the premises. Really the statute is designed for the employer not to know whether the employee has a gun on the premise or not. That's why we got rid of all those amendments the other day that would in essence tag the parking lot scene of that nature so.

REPRESENTATIVE MARK STRAMA: I think I understand what this does but -- I think I understand your answer.

REP. TIM KLEINSCHMIDT: There's no point of intent to add to or subtract from employment law that exists between an employee or employer today. There's no intent in the bill to do that.

REPRESENTATIVE MARK STRAMA: Okay. Okay. Thanks.

REP. VERONICA GONZALES: Mr. Speaker, will the gentleman yield for a question.

REPRESENTATIVE SID MILLER: Will the gentleman yield?

REP. TIM KLEINSCHMIDT: Yes.

REPRESENTATIVE SID MILLER: He yields.

REP. VERONICA GONZALES: Okay. To follow-up on that again. The concern I think we have is that the employer going to say a I have second right amendment to bear arms. I have a constitutional right to bear arms and now the State of Texas has given me the right to bear them at my office. And so you can't fire me employer because I've now brought a gun to the office.

REP. TIM KLEINSCHMIDT: Again, this is parking lot bill only we are not at the office.

REP. VERONICA GONZALES: Well, to the parking lot. It's on the premises of the employer's business.

REP. TIM KLEINSCHMIDT: Well, no it's not according to the definition of the bill. Premises would include the building parking lot is not included within the penal code definition of premises. So, I know I'm being a little technical there.

REP. VERONICA GONZALES: Yeah, we're splitting hairs here because what you're saying is that you can leave it in your car that's parked at your place of employment, correct.

REP. TIM KLEINSCHMIDT: It's in the car on the parking lot, you're fine.

REP. VERONICA GONZALES: So if the employer is to say to the employee I know the State of Texas now says you can bring your gun and you can leave it in your car but I don't want you having your gun here and you get fired for that reason, is the employee -- are we giving a right to the employee to allege wrongful termination on the basis that the employee had the second amendment right and the State of Texas through this legislation guaranteed that employee the right to bear arms on the premises there. On the -- at the place of business.

REP. TIM KLEINSCHMIDT: There is no intent in the bill to create such a right between an employee/employer relationship.

REP. VERONICA GONZALES: In no way are you attempting to change the employment at will policy that currently exists?

REP. TIM KLEINSCHMIDT: That's correct.

REP. VERONICA GONZALES: Mr. Speaker.

REPRESENTATIVE SID MILLER: Yes, Representative Gonzalez.

REP. VERONICA GONZALES: I ask that our exchange between Representative Kleinschmidt and myself be reduced to writing and placed in the journal.

REPRESENTATIVE SID MILLER: Members, you heard the motion. Is there objection? Hearing none. So ordered.

REPRESENTATIVE DAN HUBERTY: Mr. Speaker.

REPRESENTATIVE SID MILLER: Representative Sheffield raises a point of order that the gentleman's time has expired. The point of order is well taken and sustained. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Hartnett.

REPRESENTATIVE SID MILLER: Chair recognizes Representative Hartnett to explain the amendment.

REP. WILL HARTNETT: Mr. Speaker, members. This is an amendment that apparently is not acceptable to the author. And let me tell you why I'm doing it. You know we're creating immunity from civil liability on page 3, Section 52.063. This is one we had quite a bit of argument yesterday about gross negligence. But y'all need to know that the way this paragraph is written it gives civil immunity to the employer who does the shooting. It says accept in cases of gross negligence a public or private employer is not liable in a civil action for personal injury deaths, et cetera. So, the employer is immunized from everything accept from gross negligence. Well intentional homicide is not gross negligence. So basically this is a gigantic loophole in the bill and it has not been -- this bill, you know, as we saw in the debate yesterday with Judge Lewis, there's a lot of gaps in this bill between the immunity and the protection of employees bringing their gun rights. So it requires two thirds vote on third reading. I saw how this all happened yesterday but I just think it's important that you know that this is a huge problem in this bill and that by approving this bill you're basically saying that an employer who -- or the employer's agent who abuses this privilege will be immune from being sued for killing somebody.

REPRESENTATIVE SID MILLER: The amendment is acceptable to the author. Representative Hartnett brings up an amendment. Is there objection? Is there objection? Members, a record vote has been requested and a record vote is granted. Clerk ring the bell. Vote aye, vote nay, members. Showing Representative Kleinschmidt voting aye, showing Representative Riddle voting aye, showing Representative Deshotel voting aye, showing Representative Branch voting aye. Have all voted? Have all voted? Members, the Hartnett vote is adopted by 141 ayes, and 3 nays. Is there any other amendment, members. Is there anyone wishing to speak for, on, or against the bill. Chair recognizes Representative Dutton.

REP. HAROLD V. DUTTON JR.: Mr. Speaker and members this is one of those real tests of democracy because essentially what this bill needs is obviously more work. There is some issues raised by this bill which have gone unaddressed. I think you have heard some of the questions from the back mike where people had questions about the bill and yet the author and no one else has answers. Number one issue is, does it create a change in the at will employment relationship between employer and employee in this state? Does it create a right in an employee that now can be perfected under things just like if it was Title 7 or if it was being terminated for going to jury duty. Can you be terminated for having a weapon in your car. I don't know the answer to all of those but I think it requires us as a legislative body to pursue at least some conclusions before this bill gets out of here if we have to have a whole bunch of lawyers deciding it as opposed to this body deciding it. This is where those questions ought to be decided not someplace else. So while I think I like this bill I have really serious questions about its implementations and some of the changes that it makes to a structural issues regarding the employee/employer relationship. For example, I don't know to what extent it changes in terms to preemployment application. Can a employer that as a condition of employment you agree not to bring your gun onto the premises. All of these are issues that we ought to decide, members. You can send the bill out of here and then all of the lawyers like myself and some of the other lawyers are going to be creative enough to use it so that the court is going to have to make the determination. That's not democracy at its best. Democracy at its best is where we design legislation to tackle a problem and we have resolved and solved the problems related to that solution here in this body. And so for that reason members I'm asking you not to kill this bill but I think it ought to go back to the committee where it came from so that people in this body can begin to work on it and address some of these collateral issues that apparently have never even been considered.

REP. SCOTT HOCHBERG: Mr. Speaker.

REPRESENTATIVE SID MILLER: For what purpose, Mr. Hochberg?

REP. SCOTT HOCHBERG: Will Chairman Dutton yield?

REP. HAROLD V. DUTTON JR.: I yield.

REPRESENTATIVE SID MILLER: He yields.

REP. SCOTT HOCHBERG: Thank you, Harold. You're an attorney and you do this work and I'm not -- but one of the things we get in our office a lot are disputes about unemployment claims.

REP. HAROLD V. DUTTON JR.: Yes.

REP. SCOTT HOCHBERG: And whether someone was fired for cause or not fired for cause. Do we have any idea in this bill if somebody is let go because they brought a gun and left it in their car whether that person would be entitled to unemployment compensation or whether since it's an at will state as Mr. Kleinschmidt says, they would not be not entitled to those benefits despite having done something which this law gives them the right to do.

REP. HAROLD V. DUTTON JR.: Well, Scott, you raise an interesting point. That's one of those -- another collateral issue that if this bill passes will leave here unresolved. Because as I understand the bill it doesn't touch that at all. It doesn't help to bring any clarity to whether or not a situation where a person is terminated do they get unemployment as a result of that when they make the claim to the unemployment office that I was terminated because I had my gun in my car and the gun went off. Let's even take it to another extreme. The gun went off in the car and someone was injured and the employer says well, look we think that you were negligent in that instance and so we're go going to terminate you. There's nothing in this bill that helps to bring any sort of light to that particular issue.

REP. SCOTT HOCHBERG: Thank you.

REPRESENTATIVE JOE DESHOTEL: Mr. Speaker.

REPRESENTATIVE SID MILLER: For what purpose, Mr. Deshotel?

REPRESENTATIVE JOE DESHOTEL: Will the gentleman yield for a question?

REP. HAROLD V. DUTTON JR.: I yield, Mr. Speaker.

REPRESENTATIVE SID MILLER: He yields.

REPRESENTATIVE JOE DESHOTEL: Harold, I'm going ask a couple of questions to clarify these issues which you raised that is an issue we should be concerned about. What would be a situation -- currently Texas passed a law that allowed 16 year olds to get a valid driver's license and drive along on Texas highways. What would be the situation as an employer to say that I don't want anybody driving on my property that isn't 2 years old or older and fires them. Would that create a cause of action or protective class to the 16-year-old.

REP. HAROLD V. DUTTON JR.: I think under this bill that remains an unanswered question, Mr. Chairman.

REPRESENTATIVE JOE DESHOTEL: That's currently a law.

REP. HAROLD V. DUTTON JR.: I know but I'm not sure how this bill and that's one of the problems with this bill, is that it impacts so many other existing laws that I'm unsure of what happens and what prevails and which law might prevail when the two collide with each other.

REPRESENTATIVE JOE DESHOTEL: I'm not -- I'm saying if a 16-year-old is fired because an employer says you have to be 21 to drive on his property. That doesn't give him an additional cause of action, does it?

REP. HAROLD V. DUTTON JR.: And I'm trying to tell you, Mr. Chairman, I don't know the answer to that. This bill doesn't provide an answer.

REPRESENTATIVE JOE DESHOTEL: So, that's the same question that could have been raised when we granted 16 year olds the right to drive.

REP. HAROLD V. DUTTON JR.: Or we ought to be answering it before we pass this bill. Or it ought to be some way to look at this bill and find the answers to the question that you're raising.

REPRESENTATIVE JOE DESHOTEL: Well, thank you, Harold.

REP. HAROLD V. DUTTON JR.: Mr. Speaker and members. I move to recommit this bill back to the committee from whence it came.

REPRESENTATIVE SID MILLER: Is there anyone else wishing to speak for, on, or against the bill? Hearing none. Chair calls Representative Kleinschmidt to close on his bill.

REP. TIM KLEINSCHMIDT: I move passage, members.

REP. CRAIG EILAND: Mr. Speaker.

REPRESENTATIVE SID MILLER: For what purpose representative, Eiland.

REP. CRAIG EILAND: Will the gentleman yield?

REP. TIM KLEINSCHMIDT: I yield.

REPRESENTATIVE SID MILLER: He yields.

REP. CRAIG EILAND: Mr. Kleinschmidt, we discussed yesterday about my concerns in this bill. Does that apply to contractors coming onto -- in my area of the woods, plant, premises. What I need to know to go back and tell my constituents, especially my NRA members is, was this the best bill that you could get out of committee and onto the floor.

REP. TIM KLEINSCHMIDT: Yes, it is.

REP. CRAIG EILAND: Okay. So if we want to try to add contractors we're going to have to come back next year and add contractors to the bill.

REP. TIM KLEINSCHMIDT: That would be my opinion.

REP. CRAIG EILAND: All right. Thank you.

REP. TIM KLEINSCHMIDT: Move passage.

REPRESENTATIVE DAN HUBERTY: Mr. Speaker.

REPRESENTATIVE SID MILLER: Representative Huberty, for what purpose?

REPRESENTATIVE DAN HUBERTY: Mr. Speaker, I would like the comments between myself and Representative Kleinschmidt and Representative Eiland and Representative Kleinschmidt reduced to writing and placed in the journal.

REPRESENTATIVE SID MILLER: Members, you've heard the motion. Is there objection? Hearing none. So ordered. Question occurs on final passage of SB 321. It's going to be a record vote members. Vote aye, vote nay, on the bill. Showing Representative Kleinschmidt voting aye, Showing Representative Pena voting aye, showing Representative Deshotel voting aye, showing representative Dutton voting no. Have all voted? All voted? There being 117 ayes, 29 nays, Senate Bill 321 is finally passed. Chair lays out Senate Bill 360 on third reading.

CLERK: SB 360 by Fraser. Relating to the composition and use of money in the rural water assistance fund.

REPRESENTATIVE SID MILLER: Chair calls on Representative Creighton to explain the bill.

REP. BRANDON CREIGHTON: Mr. Speaker, members, this is the bill we passed yesterday with unanimous approval simplifying the process to apply for loans through the Rural Water Assistance Fund. Move passage.

REPRESENTATIVE SID MILLER: Members, the question occurs on passage of Senate Bill 360. It's a record vote. Vote aye, vote nay. Clerk will ring the bell. Have all voted? There being 142 ayes, 0 nays Senate Bill 360 is finally passed. Chair lays out Senate Bill 501 on third reading. The clerk will read the bill.

CLERK: SB 501 by West. Relating to the establishment of an interagency counsel for addressing disproportionality.

REPRESENTATIVE SID MILLER: Chair recognizes Representative Coleman to explain the bill.

REPRESENTATIVE GARNET F. COLEMAN: Thank you very much, Mr. Speaker. This bill is the continuation of work that I started a long time ago that looks at the disproportionality of illness around the State of Texas. And is a very good bill. I think that Representative Dukes and Senator West have taken this to a better place than where we started in the terms of its ability to address those problems and I move passage.

REPRESENTATIVE SID MILLER: Members, the question occurs on passage of Senate Bill 501 on final passage. It's a record vote. Clerk will ring the bell. Showing Representative Coleman voting aye. Have all voted? There being 67 ayes, 72 nays, Senate Bill 501 fails to pass to third reading. Members, the request for verification has been made. Request for verification has been granted. Please, take your seats. Clerk will call the prevailing side first and start with the nays. Clerk will call the roll.

CLERK: Aliseda, Anderson of McClennan, Anderson of Dallas, Aycock, Beck, Burman, Bohac, Brown, Burkett, Button, Cain, Cain.

REPRESENTATIVE SID MILLER: Is Representative Cain on the floor of the House? Temporarily withdraw his name.

CLERK: Carter, Chisum, Christian, Cook, Craddick, Creighton, Crownover, Sarah Davis of Harris, Elkins, Fletcher, Flynn, Frullo, Gonzalez of Williamson, Gooden, Hamilton, Hancock, Harper-Brown, Hartnett, Hilderbran, Hughes, Isaac, Keffer, King of Parker, King of Taylor, Kleinschmidt, Kuempel, Landtroop, Larson, Laubenberg, Lavender, Legler, Lewis, Lyne, Madden, Margo, Miller of Comal, Orr, Otto, Parker, Patrick, Paxton, Pena, Perry, Phillips, Pitts, Price, Riddle, Schwertner, Sheets, Sheffield, Shelton, Simpson, Smith of Tarrant -- Smith of Tarrant -- Smith of Tarrant.

REPRESENTATIVE SID MILLER: Representative Smith of Tarrant on the floor of the House. Strike his name temporarily.

CLERK: Solomons, Taylor of Galveston, Taylor of Collin, Torres, Weber, Woolley, Workman, Zerwas.

REPRESENTATIVE SID MILLER: Chair will now verify the aye votes.

CLERK: Allen, Alonzo, Alvarado, Anchia, Bonnen, Branch, Callegari, Castro, Coleman, Darby, John Davis of Harris, Davis of Dallas -- Davis of Dallas.

REPRESENTATIVE SID MILLER: Is Representative Davis on the floor of the House? Temporarily strike her name. Clerk: Deshotel, Driver, Dukes, Dutton, Eiland, Farias, Farrar, Gallego -- Gallego. Is Representative Gallego on the floor of the House? Strike his name temporarily.

CLERK: Garza, Geren, Giddings, Gonzales of Hidalgo, Gonzales of El Paso -- Gonzales of El Paso.

REPRESENTATIVE SID MILLER: Is Representative Gonzalez of El Paso on the floor of the House? Strike her name temporarily.

CLERK: Guillen, Guitierrez -- Guitierrez.

REPRESENTATIVE SID MILLER: Is Representative Guitierrez on the floor of the House. Strike his name temporarily.

CLERK: Hardcastle, Hernandez-Luna, Hochberg, Howard of Fort Bend, Howard of Travis, Huberty, Hunter, Jackson, Johnson, Lozano, Lucio, Mallory-Caraway, Marquez, Martinez, Martinez-Fischer, McClendon, Menendez, Mile, Morrison -- Morrison.

REPRESENTATIVE SID MILLER: Is Representative Morrison on the floor of the House? Temporarily strike her name.

CLERK: Munoz, Murphy, Oliveira -- Oliveira.

REPRESENTATIVE SID MILLER: Is Representative Oliveira on the floor of the House? Temporarily strike the name.

CLERK: Pickett, Quintanilla, Raymond, Reynolds, Ritter, Rodriguez, Scott, Smith of Harris, Smithee, Strama, Thompson, Turner, Veasey, Villarreal, Vo, Walle, White, Zedler.

REPRESENTATIVE SID MILLER: Please, verify Representative Gallego. Please, recognize Representative Gonzalez of El Paso. Is Representative Davis of Dallas on the floor of the House? Strike her name. Is Representative Guitierrez on the floor of the House? Strike his name. Representative Morrison on the floor of the House? Strike her name. Is Representative Smith from Tarrant on the floor of the House? Strike his name. Is Representative Oliveira on the floor of the House? Strike his name. Is Representative Cain on the floor of the House, please, verify Representative Cain. The following members were present voting aye but the machines malfunctioned. Show them voting aye: King of Zavala, Naishtat, Burnam, and Crownover. Following members were present voting no but their machines malfunctioned. Show them voting no Jackson, White, Zedler Smith of Harris, Branch, Nash, Kolkhorst, John Davis of Harris, Smithee, Murphy, Howard of Fort Bend. Also show Representative Zerwas voting aye. Representative Turner for what purpose?

REPRESENTATIVE SYLVESTER TURNER: Is Charlie Geren around?

REPRESENTATIVE SID MILLER: I believe he's on the floor of the House.

REPRESENTATIVE SYLVESTER TURNER: Will you let him know that the machines need to be checked.

REPRESENTATIVE SID MILLER: I think this is two days in a row we've had them malfunction.

REPRESENTATIVE SYLVESTER TURNER: Is it because of budget cuts. Can we go to hand voting?

REPRESENTATIVE SID MILLER: Representative Turner, they're one of those low bid government items. They're not that reliable.

REPRESENTATIVE SYLVESTER TURNER: Is that it? Well, we spotted 30 I ask the other day to give 30 points to us. Is it under consideration?

REPRESENTATIVE SID MILLER: We're not advised at this time. Representative Dutton, for what purpose?

REP. HAROLD V. DUTTON JR.: Seems like malfunction one. It got more votes than anybody.

REPRESENTATIVE SID MILLER: We're tallying the votes now.

REP. HAROLD V. DUTTON JR.: Please, show malfunction present.

REPRESENTATIVE SID MILLER: Yes, sir. Duly noted. The vote total is 58 ayes, 80 nays, the SB 501 fails to pass to third reading. Chair calls up Senate Bill 894 on third reading. Clerk will read the bill.

CLERK: SB 894 by Duncan. Relating to employment of physicians by certain hospitals.

REPRESENTATIVE SID MILLER: Chair calls on Representative Coleman to explain the bill.

REPRESENTATIVE GARNET F. COLEMAN: I move to postpone this bill to a time certain being Friday at 5:00 p.m.

REPRESENTATIVE SID MILLER: Members, you heard the motion. Is there objection? Chair hearing none. So ordered. Please, excuse Representative Morrison because of family emergency on the motion of Phil King. Is there objection? Hearing none. So ordered. Members, it's chair intention to take a lunch break until 1:15 p.m. today. Members, if you have any announcements bring them down front. Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker, members. I just want to remind everyone that the Capitol commission Bible study with Don Garner is available at -- upon adjournment for lunch -- upon lunch break at the Austin Club and lunch will be provided. Another opportunity you will have for the members at 7:30 a.m. in the member's lounge in the extension and breakfast will be provided and again Friday at 8:00 a.m. in the member's lounge in the extension is the Bible study that is open to entire Capitol community and breakfast will be provided there as well. So, please, come join us at lunch at the Austin Club. Thank you, members.

REPRESENTATIVE SID MILLER: Chair recognizes Representative Madden for an announcement.

REPRESENTATIVE JERRY MADDEN: Members, the Corrections Committee picture we'll take it at 1:15 when we come back in, 1:15.

REPRESENTATIVE SID MILLER: Chair recognizes Representative Dutton for a motion -- for a motion, members.

REP. HAROLD V. DUTTON JR.: Mr. Speaker, members. I request permission for the Committee on Urban Affairs to meet while the House is in session at 12:30 p.m. on May 4th, 2011 in 1W14 that's the ag museum to consider pending business. That's Urban Affairs Committee 12:30, May 4th 1W14 ag museum to consider pending business and it won't take but about ten minutes. Thank you.

REPRESENTATIVE SID MILLER: Members, you heard the motion. Is there objection? Hearing none. So ordered. Following announcement the clerk will read the announcement.

CLERK: The Committee on Urban Affairs will meet at 12:30 p.m. May 4th, 2011 at 1W.14 in the ag museum. This will be a formal meeting to consider pending business.

REPRESENTATIVE SID MILLER: Members, are there anymore announcements. If not the House stands in recess until 1:15 p.m.

REPRESENTATIVE CHARLIE GEREN: House will come to order. Chair lays out SB 1160. The clerk will read the bill.

CLERK: SB 1160 by Seliger. Relating to the liability of a landowner for harm to a trespasser.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Jackson.

REPRESENTATIVE JIM JACKSON: Thank you Mr. Speaker. This is a bill we passed yesterday just putting in statute the common law for liability for trespasser. I believe my young friend has a couple perfecting amendments.

REPRESENTATIVE CHARLIE GEREN: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Lozano.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Representative Lozano.

REPRESENTATIVE JOSE MANUEL LOZANO: Thank you, members. This amendment amends the amendment that I had yesterday. It is acceptable to the author and I move adoption.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Mr. Jackson.

REPRESENTATIVE JIM JACKSON: Move passage.

REPRESENTATIVE CHARLIE GEREN: Members, the question occurs on final passage of Senate Bill 1160. It's a record vote. The clerk will ring the bell. Showing Mr. Branch voting aye. Have all members voted? All members voted? There being 130 ayes, 0 nays, Senate Bill 1160 finally passes. Chair lays out Senate Bill 980. The clerk will read the bill.

CLERK: SB 980 by Carona. Relating to communication services and markets.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Hancock.

REP. KELLY HANCOCK: Thank you Mr. Speaker. This bill updates to the telecommunications code and I would like the following statement reduced to writing and placed in the journal.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any? Objection chair hears none. So order.

REP. KELLY HANCOCK: Nothing in Senate Bill 980 limits or impairs the authority of any department, agency, or political subdivision to administer or enforce any statutory obligation or fee with regards to the regulations or provisioning of E911 services or next generation E911 services. With that I move passage.

REPRESENTATIVE CHARLIE GEREN: The question the occurs on final passage of Senate Bill 980. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 136 ayes, 0 nays, Senate Bill 980 finally passes. Chair lays out HJR 22. Clerk will read the bill.

CLERK: HJR 122 by Legler. Proposing a constitutional amendment authorizing garnishment of wages for the recovery of fraudulently obtained unemployment benefits.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Legler.

REPRESENTATIVE KEN LEGLER: I move to postpone HJR 122 to one minute after high noon on July 4th.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out HB8. Clerk will read the bill.

CLERK: HB 8 by Darby. Relating to prohibiting certain private transfer fees and the preservation of private real property rights; providing penalties.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Darby.

REPRESENTATIVE DREW DARBY: Thank you, Mr. Speaker, members. This is our prohibition against private transfer fees and I move adoption.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. The question occurs on final passage of HB 8. This is a record vote. The clerk will ring the bell. All members voted? Being 135 ayes, 1 nay, two present not voting. House Bill 8 finally passes. Chair lays out HB 300. Clerk will read the bill.

CLERK: HB 320 by Kolkhorst. Relating to the privacy of protected health information; providing administrative and civil penalties.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Kolkhorst.

REP. LOIS KOLKHORST: Thank you, Mr. Speaker. House Bill 300 is the health information technology bill to protect health data for your constituents. I move passage.

REPRESENTATIVE CHARLIE GEREN: Is there anyone wishing to speak for or against House Bill 300. Question occurs on final of House Bill 300. It's a record vote. Clerk will ring the bell. Have all members voted. There being 141 ayes, 0 nays House Bill 300 finally passes. Chair lays out House Bill 528. The clerk will read the bill.

CLERK: HB 528 by Solomons. Relating to provision of pharmaceutical services through informal and voluntary networks in the workers' compensation system; providing administrative violation.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Larson.

REPRESENTATIVE LYLE LARSON: This is the House Bill dealing with pharmaceutical services through informal and voluntary networks.

REPRESENTATIVE CHARLIE GEREN: Members, you heard the motion. Anyone wishing to speak for or against House Bill 528. It's a record vote members. The clerk will ring the bell. Have all members voted? Being 139 ayes, 0 nays, two present not voting House Bill 528 finally passes.

REP. LOIS KOLKHORST: Chair lays out on third reading House Bill 257. Recognizing the clerk. The clerk will read the bill.

CLERK: HB 257 by Hilderbran. Relating to certain unclaimed property that is presumed abandoned.

REP. LOIS KOLKHORST: Chair recognizes Representative Gallego in place of Representative Turner.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. House Bill 257 is the bill on unclaimed property bill that was fully debated I move final passage.

REP. LOIS KOLKHORST: Chair recognizes Representative Hilderbran.

REPRESENTATIVE HARVEY HILDERBRAN: Thank you, Pete. This is the bill that we took up yesterday that we had some clean up amendments on. Everybody understands that this is not a forfeiture bill and I think we're moving along. Move passage.

REP. LOIS KOLKHORST: The following amendment. The clerk will read the amendment.

CLERK: Amendment by King of Parker.

REP. LOIS KOLKHORST: Chair recognizes Representative King of Parker.

REPRESENTATIVE PHIL KING: Mr. Speaker, members, what I think this amendment will do is allow us to hopefully set some money aside at least on the ledger -- to possibly link this fund to funding the million dollars exemption for the franchise tax for our small businesses. And I think by linking this it would possibly credit $115 million of the 150 or so million that would ultimately to be necessary to allow us that $1 million franchise tax credit exemption for small businesses. And with that -- I believe it's acceptable to the author and I would move adoption of the amendment.

REP. LOIS KOLKHORST: Representative King sends up an amendment. The amendment is acceptable to the author. Is there anyone wishing to speak for or against. Chair hears none. The amendment is adopted. We're back on the Hilderbran bill.

REPRESENTATIVE HARVEY HILDERBRAN: Move passage.

REP. LOIS KOLKHORST: Members, question occurs on House Bill 257. Clerk will ring the bell. Have all members voted? There being 138 ayes, 1 nay, three present not voting House Bill 257 is finally passed.

REP. DENNIS BONNEN: Chair lays out House Bill 961 on third reading. Clerk will reads the bill.

CLERK: HB 961 by Turner. Relating to the sealing of and restricting access to juvenile records of adjudications of delinquent conduct or conduct indicating a need for supervision and to the confidentiality of records of certain misdemeanor convictions of a child.

REP. DENNIS BONNEN: Chair recognizes Representative Turner to explain the bill.

REPRESENTATIVE SYLVESTER TURNER: This is the bill that lowers the age from 21 to 19 on --

REP. DENNIS BONNEN: Question occurs on the passage of House Bill 961. Is there anyone wishing to speak for or against. Seeing no one. Question occurs on passage of House Bill 961. The clerk will ring the bell. It's a record vote. Have all voted? Have all voted? There being 141 ayes, 0 nays, one present not voting, eight absent House Bill 961 is finally passed. Chair lays out House Bill 1009 on third reading. Clerk will read the bill.

CLERK: HB 1009 by Callegari. Relating to the procedures obtaining informed consent before certain postmortem examinations or autopsies.

REP. DENNIS BONNEN: Chair recognizes Representative Callegari to explain the bill.

REP. BILL CALLEGARI: Mr. Speaker, members, this bill allows people from the immediate family to allow informed consent to an autopsy. Move passage.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 1009. The question occurs on final passage of House Bill 1009. It's a record vote. The clerk will ring the bell. Have all voted? There being 137 ayes, no nays, two present not voting, eleven absent House Bill 1009 is finally passed. Chair lays out House Bill 1389 on third reading. Clerk will read the bill.

CLERK: HB 1389 by Hopson. Relating to the criminal penalties for the owner of a dog that attacks another person.

REP. DENNIS BONNEN: Chair recognizes Representative Geren to explain the bill.

REPRESENTATIVE CHARLIE GEREN: Thank you members, House Bill 1389 relates to the criminal penalties for the owner of a dog that attacks a person. I move passage.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against. The question occurs on final passage of House Bill 1389. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 109 ayes, 21 nays, two present not voting, 18 absent, House Bill 1389 is finally passed. Chair lays out House Bill 1720 on third reading and final passage. Clerk will read the bill.

CLERK: HB 1720 by John Davis of Harris. Relating to improving health care provider accountability and efficiency under the child health plan and Medicaid programs.

REP. DENNIS BONNEN: Chair recognizes Representative Davis of Harris.

REPRESENTATIVE JOHN E. DAVIS: Thank you Mr. Speaker. I believe we have an amendment by Representative Coleman.

REP. DENNIS BONNEN: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Coleman.

REP. DENNIS BONNEN: Chair recognizes Representative Coleman to explain the amendment.

REPRESENTATIVE GARNET F. COLEMAN: Thank you, Mr. Speaker members what this amendment does is says there will be a report on the cost savings and how much fraud has been detected and eliminated by the manage care organization.

REP. DENNIS BONNEN: Representative Coleman offers up an amendment. The amendment is acceptable to the author. Is there any objection. Chair hears none. The amendment adopted. Chair recognizes Representative Davis to close.

REPRESENTATIVE JOHN E. DAVIS: Move passage.

REP. DENNIS BONNEN: Is there anyone else wishing to speak for or against House Bill 1720. This a record vote. The clerk will ring the bell. Have all voted? There being 138 ayes, no nays, two present not voting House Bill 1720 finally passed. Chair lays out House Bill 1723 on third reading and final passage. Clerk will read the bill.

CLERK: HB 1723 by Lucio. Relating to the penalties prescribed for a single violation or repeated violations of certain court orders or conditions of bond in a family violence case.

REP. DENNIS BONNEN: Chair recognizes Mr. Lucio.

REP. EDDIE LUCIO: Thank you, Mr. Speaker members. This is the bill that we voted out yesterday regarding the criminal penalties for those who are repeatedly violate protection orders.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 1723. Question occurs on final passage of House Bill 1723. This is a record vote. The clerk will ring the bell. Have all voted? There being 141 ayes, no nays, two present not voting House Bill 1723 is finally passed. Chair lays out House Bill 1942 on third reading and final passage. Clerk will read the bill.

CLERK: HB 1942 by Patrick. Relating to bullying in public schools.

REP. DENNIS BONNEN: Chair recognizes Ms. Patrick.

REP. DIANE PATRICK: Mr. Speaker, members this is the bill that we passed yesterday on second reading. I move passage.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 1942. Question occurs on final passage of House Bill 1942. This is a record vote. The clerk will ring the bell. Have all voted? There being 94 ayes, 41 nays, two present not voting House Bill 1942 is finally passed. Chair lays out House Bill 1992 on third reading and final passage.

CLERK: HB 1992 by Hardcastle. Relating to the authority of the Texas Animal Health Commission to set and collect fees.

REP. DENNIS BONNEN: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker, members. This is the bill we passed yesterday the agriculture and livestock industry is a $100 billion industry in this state and they are a 100 percent behind this bill. Move passage.

REP. DENNIS BONNEN: Is there anyone else wishing to speak for or against House Bill 1992. Final passage. The clerk will ring the bill. It's a record vote. Mr. Hancock. Have all voted? Showing Representative Madden voting aye. Have all voted. There being 98 ayes, 40 nays, two present not voting House Bill 1992 is finally passed. Chair lays out House Bill 2366 on third reading and final passage. The clerk will read the bill.

CLERK: HB 2366. Relating to the authority of an open-enrollment charter school operated by a municipality to give a preference in admissions to children of employees of the municipality.

REP. DENNIS BONNEN: Chair recognizes Representative Hancock to explain the bill.

REP. KELLY HANCOCK: This bill allows --

REP. DENNIS BONNEN: Mrs. Howard.

REPRESENTATIVE DONNA HOWARD: To ask a question, please.

REP. DENNIS BONNEN: Does the gentleman yield for a question?

REP. KELLY HANCOCK: Gentleman yields.

REP. DENNIS BONNEN: Gentleman yields, thank you.

REPRESENTATIVE DONNA HOWARD: Thank you, Representative Hancock. I'm sorry I missed this yesterday. I just want to ask a question. I'm not sure if you can answer this or not but my understanding is that this allows the children of employees of municipalities to get at the front of the line ahead of those that are getting the lottery to be able to get into the charter school.

REP. KELLY HANCOCK: Yes, ma'am. In fact this is Representative Truitt's bill and Westlake is a municipal charter school and it's the only one in the state. And so, what the Westlake employees and the city of Westlake as an incentive to attract employees into the city. It's a very poplar school. And what they're asking is as an incentive to employees and we're only talking five children at this point would bypass the lottery process and their children would be able to enter the school.

REPRESENTATIVE DONNA HOWARD: Do you know how many students might be on the waiting list that won't be getting in because of that bypass.

REP. KELLY HANCOCK: I'm not sure. I do know that this is the city owned charter school. So they came to Ms. Truitt with the recommendation to provide this as an incentive. It's really a small city and it's the only one in the state.

REPRESENTATIVE DONNA HOWARD: I just have a bit of a concern that we're taking something that was supposed to be allowing students to attend by lottery and allowing others to get in the front of the line even if it is to incentivize something. And I appreciate that's a local municipality but at the same time I do have a concern about this. But thank you very much.

REP. KELLY HANCOCK: Thank you for expressing your concern.

REPRESENTATIVE JOE FARIAS: Mr. Speaker.

REP. DENNIS BONNEN: Mr. Farias.

REPRESENTATIVE JOE FARIAS: Will the gentleman yield?

REP. DENNIS BONNEN: Will the gentleman yield for a question?

REP. KELLY HANCOCK: Yes.

REP. DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE JOE FARIAS: Kelly, I know it's not your bill but I know you're a former school board trustee, aren't you not?

REP. KELLY HANCOCK: Correct.

REPRESENTATIVE JOE FARIAS: My question would be is, are they using state moneys to fund that. Are they receiving any state moneys to finance the school.

REP. KELLY HANCOCK: Well --

REPRESENTATIVE JOE FARIAS: And you might not be able to answer but I need to get these questions on --

REP. KELLY HANCOCK: It is a unique situation Representative Farias in that it was established really before a lot of the charter school expansion within the state occurred. It is the only municipal chartered school within the area. It is very recognized and popular school -- charter school within north Texas.

REPRESENTATIVE JOE FARIAS: But the question was, do they use state money?

REP. KELLY HANCOCK: I know they're using public moneys. I don't know whether or not they are using state money to be honest with you because the municipality is established. And I don't know if that helps you. I'd be glad to look into it and let you know.

REPRESENTATIVE JOE FARIAS: Yeah, I have some concerns if we're setting the precedence for other schools to start doing this within the State then we might end up running into complications later on.

REP. KELLY HANCOCK: The bill is limited to municipal charter schools but this is the only one in the state we're talking about.

REPRESENTATIVE JOE FARIAS: That's my concern. If they're using state money which I'm sure they are at some point or another they are receiving state funds and then they are limiting or they're going to show a preference to employees of that city. Then it deprives other taxpayers, not just from the city, but from the state to be able to attend that school.

REP. KELLY HANCOCK: But they're a city owned municipal charter school and so the city who owns the charter school and participates in the operation of the charter school is requesting that their employees, the city who runs the charter school, who established the charter school, who manages the charter school that their employees are able to actually enter into the charter school bypassing the lottery pass.

REPRESENTATIVE JOE FARIAS: Are you aware -- do they assist economic disadvantaged students.

REP. KELLY HANCOCK: I'm not aware.

REPRESENTATIVE JOE FARIAS: You're not aware. Well, it's not your bill but I would like to have those questions answered at some point.

REP. KELLY HANCOCK: I'd be glad to get that information for you. I'm very familiar with the school and if you'll get together with me afterwards we would be happy to get this information to you.

REPRESENTATIVE JOE FARIAS: Would you mind moving this to the end of the calendar.

REP. KELLY HANCOCK: I'd rather not Mrs. Truitt is ill today and she did request that we pass the bill.

REPRESENTATIVE JOE FARIAS: Thank you.

REPRESENTATIVE LON BURNAM: Mr. Speaker, will the gentleman yield?

REP. DENNIS BONNEN: Does gentleman yield to Mr. Burnam?

REP. KELLY HANCOCK: Yes.

REP. DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE LON BURNAM: Representative Hancock, I know that because you were school board member that you're familiar with political decisions that was made a long time ago. Our municipal governments and our ISD's are set up as different legal entities for numerous reasons; is that correct?

REP. KELLY HANCOCK: Correct.

REPRESENTATIVE LON BURNAM: But for some reason or another this municipality has decided that they want to merge that function. They're not creating an ISD but they've created a charter school that the service is -- I mean how is their service area defined.

REP. KELLY HANCOCK: This bill does not establish a municipal charter school --

REPRESENTATIVE LON BURNAM: I understand it's already been established. What I'm trying --

REP. KELLY HANCOCK: What this bill attempts to do is allow the city who opened -- originated this charter school to operate and allow their employees as an incentive to attract higher quality employees to the city of Westlake, which as you well know is a small city, to their city as an incentive to attend Westlake Academy.

REPRESENTATIVE LON BURNAM: Right. And I can understand why the municipal government thinks it might be a good idea to provide that kind of service to their potential employees just like TCU provides advantages to their employees, discounts --

REP. KELLY HANCOCK: And many public schools do. And I know that the school district I worked for allowed their employees who lived outside the district for their children to come into the school district. So it's not uncommon for public schools for school employees to bring their children into -- here is a municipal owned charter school allowing their employees and we're talking 5 children.

REPRESENTATIVE LON BURNAM: Okay. So we understand the micro situation with Southlake[sic] but can you appreciate the more macro perspective, the concerns that some of us have that these charter schools maybe moving into an arena where you're literally setting up a mechanism for them to discriminate against people that we shouldn't allow.

REP. KELLY HANCOCK: Well, if this bill actually incorporated all charter schools that might be an issue. This incorporates municipal charter schools only, which there is only one.

REPRESENTATIVE LON BURNAM: Right. But my question is this. This bill specifically addresses the one entity that Southlake Charter School[sic] but if you look at it the camel under the nose -- the camels nose under the tent there might be some concerns about the proliferation of this exception and how that could lead to discrimination against students.

REP. KELLY HANCOCK: Representative Burnam, I would agree that anything that we pass on this House floor would fall under that category.

REP. DENNIS BONNEN: Representative Flynn raises a point of order. The gentleman's time has expired. Point of order is well taken and sustained.

REP. KELLY HANCOCK: Move passage.

REPRESENTATIVE DONNA HOWARD: Mr. Speaker.

REP. DENNIS BONNEN: Representative Howard.

REPRESENTATIVE DONNA HOWARD: I would like to see if I could ask for an extension of time just to offer a possible amendment, please.

REP. DENNIS BONNEN: To offer an amendment?

REPRESENTATIVE DONNA HOWARD: If you would --

REP. DENNIS BONNEN: Well, you don't need an extension to offer an amendment.

REPRESENTATIVE DONNA HOWARD: I'd like to have an extension to continue to keep talking to him so that I may do that, please.

REP. DENNIS BONNEN: So you want to extend his time.

REPRESENTATIVE DONNA HOWARD: However you would like to phrase it. Yes, sir. Thank you.

REP. DENNIS BONNEN: Members, Mrs. Howard has asked for an extension of Mr. Hancock's time. This is the first request for extension. So it's offered up. Ms. Howard you have an extension of time. Go ahead.

REPRESENTATIVE DONNA HOWARD: Thank you very much, Mr. Hancock.

REP. KELLY HANCOCK: Yes, ma'am.

REPRESENTATIVE DONNA HOWARD: I just wanted to know if it would be amendable to having an amendment that would allow the local voters to make the decision that they would like to do that in that community?

REP. KELLY HANCOCK: Again, this is chairman or Chairwoman's Truitt legislation. I know that it has passed through committee process. I know that it passed through second reading. And so, what I would really like to do is go ahead and pass the legislation as is. As it's already been vetted, if you don't mind.

REPRESENTATIVE DONNA HOWARD: Thank you.

REP. KELLY HANCOCK: Move passage.

REP. DENNIS BONNEN: Question occurs -- anyone wishing to speak for or against House Bill 2366. Question occurs on final passage of House Bill 2366. This is a record vote. The clerk will, please, ring the bell. Showing Representative Solomons voting aye. Have all voted? Showing Representative Dukes voting aye. Have all voted. There being 121 ayes 19 nays, two present not voting, House Bill 2366 is finally passed. Chair lays out House Bill 2470 on third reading and find passage. The clerk will read the bill.

CLERK: HB 2470 by Phillips.. Relating to the regulation of sport bikes and certain other motorcycles.

REP. DENNIS BONNEN: Chair recognizes Representative Phillips to explain his bill.

REPRESENTATIVE LARRY PHILLIPS: Thank you. This is a bill that we passed yesterday relating to the protection of passengers on those rocket bikes --

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2470. Question occurs on passage of House Bill 2470. This is record vote. Clerk will, please, ring the bell. Showing Representative Miles voting aye. Have all voted? Have all voted? There being 141 ayes, 2 nays, two present not voting and five absent House Bill 2470 is finally passed. Chair lays out 2671 on third reading and final passage. Clerk will read the bill.

CLERK: HB 2671 by Miles. Relating to the disclosure of personal information under the Motor Vehicle Records Disclosure Act.

REP. DENNIS BONNEN: Chair recognizes Representative Miles.

REPRESENTATIVE BORRIS MILES: This bill provides workforce commission acts to provide a driver's license photo to prevent unemployment fraud. I move passage.

REP. DENNIS BONNEN: Question occurs on passage of House Bill 2671. Anyone wishing to speak for or against. Record vote. Clerk will, please, ring the bell. Showing Representative Miles voting aye, showing Representative Turner voting aye. Have all vote. There being 141 ayes, 0 nays, two present not voting House Bill 2671 is finally passed. Chair lays out House Bill 2761 and chair recognizes Representative Garza. I'm sorry. Clerk will read the bill.

CLERK: HB 2761 by Garza. Relating to meetings and records of certain property owners' associations.

REP. DENNIS BONNEN: Chair recognizes Representative Garza to explain the bill.

REPRESENTATIVE JOHN V. GARZA: Members, this is the bill relating to meetings and records of certain property owners' association and I move passage.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2761. Oh, there's an amendment, members. Clerk will read the amendment.

CLERK: Amendment by Solomons.

REP. DENNIS BONNEN: Chair recognizes Representative Solomons to explain the amendment.

REPRESENTATIVE BURT R. SOLOMONS: Thank you, Mr. Speaker, members. I talked to Mr. Garza a little bit and his bill inadvertently had some issues that it's going to be a little different than Mr. West's bill coming over on HOA's and I've got a committee substitute for that. So I have tried to draft most of that -- tried to draft or fix his bill a little bit in connection so it would be more in line with what we're trying to do on the bigger *ominous bill. And I think it's going to be acceptable to him. Inadvertently in that bill it had a situation where they could be an assessment lien for obtaining records. And I'm not sure he was aware of that and so I wanted to get that straightened out. So it's acceptable to the author and --

REP. DENNIS BONNEN: Representative Solomons sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Garza to move passage.

REPRESENTATIVE JOHN V. GARZA: I move passage.

REP. DENNIS BONNEN: I'm sorry, back up. Representative Hochberg.

REPRESENTATIVE SCOTT HOCHBERG: Will the gentleman yield? Or perhaps can I ask Mr. Solomons to come back and clarify something for me. Chairman, may I ask you a question about your amendment. I realize you put it on, I just couldn't get to the mike fast enough.

REPRESENTATIVE BURT R. SOLOMONS: Sure.

REPRESENTATIVE SCOTT HOCHBERG: I can't tell what it does. It was my understanding last night that Mr. Garza's bill only applies to homeowner's association or property owners' associations with mandatory participation. I can't tell from the language you're striking where it seems to say something about this applies to all POA's, whether you're changing that applicability or not.

REPRESENTATIVE BURT R. SOLOMONS: His bill deals with homeowners' associations and involving records and open records, open meetings primarily.

REPRESENTATIVE SCOTT HOCHBERG: Right.

REPRESENTATIVE BURT R. SOLOMONS: In that bill it indicated; for example, only an attorney or CPA could even obtain records. Where I changed that to make it where it's similar to what is going to be in the bill that you're going see before you, Senate Bill 142 to be an owner and or owners' representative. I don't think a CPA or attorney should be the only ones asking for records.

REPRESENTATIVE SCOTT HOCHBERG: Sure.

REPRESENTATIVE BURT R. SOLOMONS: The other thing that was primarily a problem in the bill that I'm not sure he was aware of. There's some guidelines set up in connection with how you're going to obtain records and how they will base those costs on the records. Well, in the bill that you're going to see before you hopefully shortly, you know Senate bill. We have that same similar section accept worded differently and I wanted to be very much similar. I did not change his bill on development periods or anything else but what I did do is insure that there wouldn't be an assessment lien. That if you asked for open records, Mr. Hochberg, they ought to tell you how much it costs. You pay them in advance and they give you the records. In his bill there was an indication that it would be estimated costs and if they came back for more and you wanted to dispute that they could file an assessment lien against your property. Then you would get an attorney letter and then your assessment -- additional assessment might be another X dollars and then all of a sudden there's an assessment lien they could put it against your property and foreclose.

REPRESENTATIVE SCOTT HOCHBERG: I think you're answering questions I haven't asked. I'll try too make it simple so we can get this done quickly.

REPRESENTATIVE BURT R. SOLOMONS: Okay.

REPRESENTATIVE SCOTT HOCHBERG: My only concern about the bill was making sure that what are essentially voluntary organizations -- associations that often use volunteers, don't have professional help. Under the section of the property code that this is in the applicability as I read it is that the admissibility is a whole chapter is to -- only to property owners' associations that are mandatory participation. That everybody in the subdivision is required to pay dues and be part of it. Not those that are voluntary participation but still call themselves homeowners' associations. As best I can tell your language doesn't -- would you agree with me that your reading of the bill is that the voluntary associations are not included in this chapter and second, that your amendment hasn't changed that.

REPRESENTATIVE BURT R. SOLOMONS: I don't think it has. But one of the things I am concerned about is all of them are association voluntary or otherwise that don't have some guidelines in connection about obtaining records and having open meetings.

REPRESENTATIVE SCOTT HOCHBERG: Sure, but at least those that are voluntary the homeowner can just leave and no longer pay into it which is different than them being able to put a lien on your house if you chose to not pay your dues. So, you haven't changed that in anyway?

REPRESENTATIVE BURT R. SOLOMONS: I don't think I did.

REPRESENTATIVE SCOTT HOCHBERG: I was looking at the first lines in your amendment that appeared to say that it applies to everybody and you were striking that.

REPRESENTATIVE BURT R. SOLOMONS: Well, it does say that it applies to all property owners' association controls over the property owners' associations. So what I wanted to make sure of is that all homeowners' associations and -- excuse me if I answered incorrectly. But what I am trying to do is ensure that all homeowners' associations, voluntary or otherwise, actually operate under similar rules in connection with obtaining records or having meetings.

REPRESENTATIVE SCOTT HOCHBERG: Okay. So you believe that by the amendment that you have put in you are changing that from -- you're changing the applicability of the chapter.

REPRESENTATIVE BURT R. SOLOMONS: Accept as provided by subsection B and I don't have that in front of me.

REPRESENTATIVE SCOTT HOCHBERG: Okay. But it looks like you're striking that language.

REPRESENTATIVE BURT R. SOLOMONS: Oh, yeah. Well, I struck that language and I put -- I struck that language, that's right. I did this kind of hurriedly. I struck that language because I want all HOA's are not just the mandatory ones but even voluntary ones that use peoples money, when they start taking peoples money they ought to operate under a set of at least minimal guidelines. And one of them should be that if any member of that association wants to obtain records, whether it's voluntary or not that they have a way to obtain those records and it's feasible and they can't get an assessment lien against their property for asking for records.

REPRESENTATIVE SCOTT HOCHBERG: Okay. Thank you, Mr. Chairman.

REP. DENNIS BONNEN: Mr. Burman.

REPRESENTATIVE LEO BERMAN: Mr. Speaker.

REP. DENNIS BONNEN: For what purpose?

REPRESENTATIVE LON BURNAM: Mr. Solomons would you mind if I spoke to the author to ask him a couple of questions?

REP. DENNIS BONNEN: Members, just so everyone knows we're closing on the bill. The Solomons' amendment as been adopted and Mr. Solomons was answering some questions and now he's going to yield some of the closing time which we're running short on to Mr. Garza to answer -- Mr. Garza I assume you yield. He yields to you Mr. Burman. Thank you.

REPRESENTATIVE LEO BERMAN: Thank you, Mr. Speaker. Representative Garza, I happen to live in a homeowners' association for 12 years now which is doing an outstanding job and it's not voluntary, it's a mandatory homeowners' association. How will your bill effect my homeowners' association?

REPRESENTATIVE JOHN V. GARZA: If your homeowners' association is doing what they should be doing as far as open meetings and open records then it would not effect them. It does give them a guideline to go to as far as any reference on record keeping or on these documents. So everything is outlined doesn't change anyway that good homeowners' associations are operating. So this was brought to us by a homeowners' association in my district, over 3500 folks, who had gotten through a rough period and wanted to make sure it didn't happen again and they asked us for this legislation.

REPRESENTATIVE LEO BERMAN: Thank you very much.

REPRESENTATIVE JOHN V. GARZA: Welcome.

REP. DENNIS BONNEN: Is there anyone else wishing to speak for or against House Bill 2761. Question occurs on final passage of House Bill 2761. This is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 137 ayes, 3 nays, two present not voting, House Bill 2761 is finally passed. Chair lays out House Bill 2735 on third reading and final passage. The clerk will read the bill.

CLERK: HB 2735 by Madden.. Relating to procedures for certain persons charged with an administrative violation of a condition of release from the Texas Department of Criminal Justice on parole or to mandatory supervision.

REP. DENNIS BONNEN: Chair recognizes Representative Madden to explain the bill.

REPRESENTATIVE JERRY MADDEN: Members, the bill modifies the procedures on blue warrants for certain people on parole.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2735. The question occurs on passage of House Bill 2735. The clerk will ring the bell. Have all voted? Showing Representative Murphy voting aye. Have all voted? There being 139 ayes, no nays, two present not voting, nine absent House Bill 2735 is finally passed. Chair lays out House Bill 2826 on third and final reading. Clerk will read the bill.

CLERK: HB 2826 by Murphy. Relating to the issuance of a certificate for a municipal setting designation.

REP. DENNIS BONNEN: Chair recognizes Representative Murphy to explain his bill.

REPRESENTATIVE JIM MURPHY: Thank you, Mr. Speaker, members. This is the bill we passed yesterday for Houston and it's municipal setting designation.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2826. The question occurs on final passage of House Bill 2826. This is a record vote. The clerk will ring the bell. Have all voted? Showing Representative Zedler voting aye. There being 141 ayes, no nays, two present not voting, seven absent House Bill 2826 is finally passed. Chair lays out House Bill 2940 on third reading and final passage. The clerk will read the bill.

CLERK: HB 2940 by King of Zavala. Relating to the form of death certificates and fetal death certificates.

REP. DENNIS BONNEN: The King of Zavala will explain the bill.

REPRESENTATIVE TRACY O. KING: Thank you, Mr. Speaker, members. This is the bill that requires someone who's filling out a death certificate to write the month in full, write it out in letters and put the month before the date. I move passage.

REP. DENNIS BONNEN: Anyone wishing to speak for or against House Bill 2940. The question occurs on final passage of House Bill 2940. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 142 ayes, one nay, two present not voting House Bill 2940 is finally passed. Chair lays out House Bill 2973 on third reading and the clerk will read the bill.

CLERK: HB 2973 by Hunter. Relating to encouraging public participation by citizens by protecting a person's right to petition, right of free speech, and right of association from meritless lawsuits arising from actions taken in furtherance of those rights.

REP. DENNIS BONNEN: Chair recognizes Representative Raymond.

REP. RICHARD PENA RAYMOND: Thank you Mr. Speaker, members. This is the bill protecting a persons right to petition.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2973. Question occurs on final passage of House Bill 2973. This is a record vote. The clerk will ring the bell. Have all voted? There being 142 ayes, no nays, two present not voting, six absent House Bill 2973 is finally passed. Chair lays out House Bill 2902 on third reading and final passage. Clerk will read the bill.

CLERK: HB 2902 Zerwas. Relating to the extraterritorial jurisdiction of certain municipalities.

REP. DENNIS BONNEN: Chair recognizes Representative Zerwas.

REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker and members. House Bill 2902 addresses the local issue in my district involving the ETJ of a small city called the city of Weston Lakes.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2902. Question occurs on final passage of House Bill 2902. It's a record vote. The clerk will ring the bell. Have all voted? Showing Representative Ritter voting aye. Have all voted? There being 140 ayes, no nays, two present not voting, eight absent House Bill 2902 is finally passed. Chair lays out House Bill 2969 on third reading. Clerk will read the bill.

CLERK: HB 2969 by Oliveira. Relating to authorizing the sale of certain real property held by certain state agencies.

REP. DENNIS BONNEN: Chair recognizes Representative Kleinschmidt.

REPRESENTATIVE TIM KLEINSCHMIDT: Members this is Representative Oliveira's HB 2969 which seeks to authorize the sale of certain real property by the state owned by the State of Texas --

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 2969. Question occurs on final passage of House Bill 2969. This is a record vote. Clerk will ring the bell. Have all voted? Gooden -- Representative Gooden voting aye. There being 141 ayes, one nay, two present not voting, six absent House Bill 2969 is finally passed. Chair lays out on third reading and final passage House Bill 3096. Clerk will read the bill.

CLERK: HB 3096 by Kolkhorst. Relating to the cancellation of a subdivision by a commissioners court.

REP. DENNIS BONNEN: Chair recognizes Representative Kolkhorst.

REP. LOIS KOLKHORST: Thank you, Mr. Speaker, members. This is a clarification from Senate Bill 910 in 1999. It allows the commissioners court to remove themselves as part of a subdivision that's the court --

REP. DENNIS BONNEN: Is there anyone wishing to speak or against House Bill 3096. If not the question occurs on final passage of House Bill 3096. This is a record vote. The clerk will ring the bell. Have all voted? Have all voted? There being 140 ayes, no nays, two present not voting, eight absent House Bill 3096 is finally passed. Chair lays out House Bill 3182 on third reading and final passage. Clerk will read the bill.

CLERK: HB 3182 by Ritter. Relating to the imposition of state taxes, including the sales and use, motor vehicle sales and use, and hotel occupancy tax, on certain oilfield portable units.

REP. DENNIS BONNEN: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Mr. Speaker, members, house Bill 3182 defines all portable units for tax purposes --

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against -- I'm sorry Representative Burnam.

REPRESENTATIVE LON BURNAM: Would the gentleman yield?

REP. DENNIS BONNEN: Would the gentleman yield for a question?

REPRESENTATIVE ALLAN RITTER: Yes, I would be honored.

REP. DENNIS BONNEN: Gentleman yields for a question.

REPRESENTATIVE LON BURNAM: I'm sorry, I didn't catch this yesterday. Could you explain exactly what the bill does because it looks like to me it's designed to reduce tax on certain special interest groups.

REPRESENTATIVE ALLAN RITTER: No. What you have out in the oil field business you have different types of portable units some with wheels, some without wheels some are come under the hotel tax, some come under the vehicle sales tax. And so what this has worked out with industry with the comptrollers is to come up with a sales tax on all of these defined portable units that go to oil fields for oil field service where they sleep in or store stuff in they will have one sales tax cost.

REPRESENTATIVE LON BURNAM: So, they'll have one tax or another.

REPRESENTATIVE ALLAN RITTER: No, it's one tax. Move passage.

REP. DENNIS BONNEN: Question occurs on final passage of House Bill 3182. This is a record vote. Clerk will ring the bell. Have all voted? There being 134 ayes, 2 nays, two present not voting, 12 absent House Bill 3128 finally passes. Chair lays out House bill 3533 on third reading and final passage. Clerk will read the bill.

CLERK: HB 3573 by King of Taylor. Relating to the limiting the disclosure of certain information regarding certain charitable organizations, trusts, private foundations, and grant-making organizations.

REP. DENNIS BONNEN: Chair recognizes Representative King of Taylor.

REPRESENTATIVE SUSAN KING: Members, House Bill 3573 is a protection for disclosure for certain charitable organizations. It encourages the private sector to donate and it takes away undue government control and gives these people allowed to have self-government to direct where they're donated money of their choice. Move adoption.

REP. DENNIS BONNEN: Is there anyone else wishing to speak for or against House Bill 3573. Question occurs on final passage of House Bill 3573. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 139 ayes, 1 nay, two present not voting, eight absent, House Bill 3573 is finally passed. Chair lays out House Bill 3311 on third reading and final passage. Clerk will read the bill.

CLERK: HB 3311 by Carter. Relating the duty of an attorney ad litem appointed for a child to meet with the child or individual with whom the child resides before each court hearing.

REP. DENNIS BONNEN: Chair recognizes Representative Carter to explain the bill.

REPRESENTATIVE STEFANI CARTER: Thank you, Mr. Speaker, members. This is the bill we passed yesterday that relates to meeting requirements for attorney ad litems. Move passage.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 3311. Question occurs on final passage of House Bill 3311. It's a record vote. Clerk will ring the bell. Showing Representative Carter voting aye. Have all voted? There being 141 ayes, no nays, two present not voting, seven absent House Bill 3311 is finally passed. Chair lays out on third reading and final passage House Bill 3395. The clerk will read the bill.

CLERK: HB 3395 by Callegari. Relating to state purchasing preferences for recycled products.

REP. DENNIS BONNEN: Chair recognizes Representative Callegari to explain the bill.

REP. BILL CALLEGARI: This bill changes from shall to permissive for the purchase of recycled items.

REP. DENNIS BONNEN: There's an amendment. The clerk will read the amendment.

CLERK: Amendment by Callegari.

REP. DENNIS BONNEN: Chair recognizes Representative Callegari.

REP. BILL CALLEGARI: This changes a "shall" to a "may."

REPRESENTATIVE LON BURNAM: Mr. Callegari, would you, please, explain your amendment because you said yesterday you weren't going to take an amendment onto --

REP. DENNIS BONNEN: Mr. Burnam one moment. Mr. Callegari do you yield for a question? Mr. Callegari do you yield for a question?

REP. BILL CALLEGARI: Yes.

REP. DENNIS BONNEN: He yields for a question. Go ahead, Mr. Burnam.

REPRESENTATIVE LON BURNAM: Thank you. Representative Callegari you took on an amendment yesterday and now today you're putting on an amendment that changes what from "shall"?

REP. BILL CALLEGARI: It basically changes from "shall" to "may" but it gives -- it allows them to give preference if a price is ten percent or less. It is still permissive.

REPRESENTATIVE LON BURNAM: Well, you don't really need the amendment that you accepted yesterday if you're just going to say "may"?

REP. BILL CALLEGARI: I think it does give a signal that there's a preference to use recycled product but that they don't have to if it's a cost issue.

REPRESENTATIVE LON BURNAM: Well, no, the bill itself.

REP. BILL CALLEGARI: I understand that. It at least lets the departments know that there is a preference to use recycled product.

REPRESENTATIVE LON BURNAM: How does it do that, given the bill itself.

REP. BILL CALLEGARI: They read it and see that they can -- it's permissive to be able to use -- to buy a product if it's lesser cost even if it's close. That it doesn't have to be less it could be close to the price and still give them opportunity to buy it if they want to.

REPRESENTATIVE LON BURNAM: So, the legislative intent in this and I will ask for the following comments to be reduced to writing. Your intent with the "may" is to be permissive for any agency that thinks that it's appropriate to spend up to 10 percent or more for the recycled product to do so.

REP. BILL CALLEGARI: If they make that decision, yes.

REPRESENTATIVE LON BURNAM: Thank you, Mr. Speaker. I would like to ask that our comments be reduced in writing and put in the journal.

REP. DENNIS BONNEN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE LON BURNAM: Thank you.

REP. DENNIS BONNEN: Is there anyone else wishing -- I'm sorry the amendment is acceptable to the author. Is there any objection? The chair hears none. The amendment is adopted. Representative Callegari.

REP. BILL CALLEGARI: I move adoption.

REP. DENNIS BONNEN: Is there anyone else wishing to speak for or against House Bill 3395. The question occurs on final passage of House Bill 3395. It is a record vote and the clerk will ring the bell. Have all voted? Have all voted? There being 140 ayes, no nays and two present not voting, being eight absent House Bill 3395 the finally passed. Chair lays out on third reading and final passage House Bill 3468. The clerk will read the bill.

CLERK: HB 3468 by Patrick. Relating to the assessment for public school students for college readiness and developmental education courses to prepare students for college-level coursework.

REP. DENNIS BONNEN: Chair recognizes Representative Patrick to explain the bill.

REP. DIANE PATRICK: Mr. Chair, members, House Bill 3468 relates to developmental education in Texas. I move passage.

REP. DENNIS BONNEN: Question occurs -- anyone wishing to speak for or against House Bill 3468? Question occurs on final passage of House Bill 3468. This is a record vote. Clerk will ring the bell. Have all voted. Showing Representative John Davis voting aye. Have all voted? There being 135 ayes, 3 nays, two present not voting, ten absent. House Bill 3468 is finally passed. Chair lays out on third reading and final passage House Bill 3506. The clerk will read the bill.

CLERK: HB 3506 by Villarreal. Relating to the use of transportation allotment funds by school districts to provide bus passes or cards to certain students.

REP. DENNIS BONNEN: Chair recognizes Representative Villarreal -- chair recognizes Representative Aycock.

REP. JIMMIE DON AYCOCK: Move to postpone for 30 minutes.

REP. DENNIS BONNEN: Members, you heard the motion. Is there any objection? Chair hears none. So order. Chair lays out House Bill 442 on third reading and final passage. Clerk will read the bill.

CLERK: HB 442 by Guillen. Relating to the establishment of emergency radio infrastructure account.

REP. DENNIS BONNEN: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members. HB 442 is the interoperability bill that we passed on second reading yesterday. It creates an emergency radio infrastructure allowing for communications between public safety --

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 42? Question occurs on final passage of House Bill 442. This is a record vote. The clerk will ring the bell. Have all voted. Showing Representative John Davis voting aye. Have all voted? There being 140 ayes, 2 nays, two present not voting, six absent House Bill 442 is finally passed. Chair lays out on third reading and final passage House Bill 742. Clerk will read the bill.

CLERK: HB 742 by Hunter. Relating to student information required to be provided at the time of enrollment in public schools.

REP. DENNIS BONNEN: Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: It's a food allergy bill. Move passage.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 742? Question occurs on third reading final passage of House Bill 742. This is a record vote. Clerk will ring the bell. Showing Representative Davis and Representative Harless voting aye and Representative Ritter voting aye. Have all voted? There being 142 ayes 0 nays, two present not voting, six absent House Bill 742 is finally passed. Chair lays out on third reading and final passage House Bill 1395 and the clerk will read the bill.

CLERK: HB 1395 by Parker. Relating to the requirements to operate personal watercraft and certain boats.

REP. DENNIS BONNEN: Chair recognizes Representative Parker to explain the bill.

REP. TAN PARKER: Thank you, Mr. Speaker, members. This bill deals with boater education we discussed last night.

REP. JESSICA FARRAR: Mr. Speaker.

REP. DENNIS BONNEN: Representative Farrar, for what purpose?

REP. JESSICA FARRAR: Would the gentleman yield?

REP. DENNIS BONNEN: Gentleman yield, Mr. Parker?

REP. TAN PARKER: Yes.

REP. DENNIS BONNEN: Gentleman yields.

REP. JESSICA FARRAR: Mr. Parker, what is the personal water craft?

REP. TAN PARKER: We're talking about -- well, talking about Sea-Doo's and so forth. We're talking about anything with horsepower greater than 15 horse powers is what this bill is about -- is effecting with regards to the requirement for education.

REP. JESSICA FARRAR: Okay. For those of us that didn't play with motorcycles or fix cars you're talking about when you say, horsepower you're just talking about a jet ski though right, something like that.

REP. TAN PARKER: That would classify as there and others that would not be. So that's range in terms of horsepower but yes, jet ski's that you're talking about would be included.

REP. JESSICA FARRAR: Okay. And so you're saying that 13-year-old -- you're lowering the age from 16 to 13 for --

REP. TAN PARKER: The statute today is inconsistent. There's some places that the statute is 13 to operate a water craft. Sometimes it's 16. We're trying to be consistent at 13 and of course the bill focuses on really providing mandatory boater education for those that are born after September 1st of 1993.

REP. JESSICA FARRAR: Okay. Explain to me then. We spent a lot of time on boats. So I'm a little concerned about 13-year-olds operating boats and basically you're allowing that, correct me if I'm wrong.

REP. TAN PARKER: Well, a 13-year-old today, you know, there's parts of statutes that say a 13-year-old can go and operate a boat today as we speak, Representative Farrar, but they would require the education that we're speaking of here in this bill. So you're basically saying that anyone under the age of 18 is going to have to go to that mandatory boater education.

REP. JESSICA FARRAR: These 13-year-olds however are they -- will they be supervised.

REPRESENTATIVE TAN PARKER: A 13-year-old if they have not taken boater education class -- if they have not taken it then, yes, they have to be supervised. If they have taken a class then they would not require supervision and, again, current statute speaks to 13 and 16 and this would clean it up to be uniform.

REP. JESSICA FARRAR: And does it matter what size boat, I mean an offshore boat versus a fishing boat.

REP. TAN PARKER: Again, the line of lineation is 15-horsepower and above or a wind blown vessel above 14 feet in length. So, in other words, we're talking about those types of equipment or above we're talking about the need to have the preparation to take the class.

REP. JESSICA FARRAR: So, if you have the preparation then are you saying -- correct me if I'm wrong, are you saying then you could a 13-year-old could take boat off shore, that size?

REP. TAN PARKER: I'm saying if they've taken the education requirement they would be able to operate a boat, yes.

REP. JESSICA FARRAR: Unsupervised.

REP. TAN PARKER: Yes.

REP. JESSICA FARRAR: Wow. Okay.

REP. TAN PARKER: I want to stress to you that there are pieces of statute today where you have got this happening today both the 13-year-old and the 16-year-olds. We want to try to be consistent. And I want to stress as well just so everybody has peace of mind about this, Mrs. Farrar, that this is a recommendation of the Boater Advisory Safety Committee that was appointed and studied these issues over the course of interim. It reflects law enforcement, Texas Parks and Wildlife were there, we had the boat dealers there, we had the manufactures there, we had the rental companies there, we had bass fishermen there, all the sport enthusiast all came together to work on this bill, on this recommendation.

REP. JESSICA FARRAR: Why is this necessary. I have a 13-year-old neighbor that I mentor and we've taken him through hunter certification, we've done a lot of things with him but we actually certified him to scuba dive but every time he's always supervised my dad is with him, my husband is with him. So I'm just wondering it just seems a little bit extreme to me. Why is the bill necessary. I can't find a reason.

REP. TAN PARKER: The essence of the bill in terms of what we're really doing versus current statute is really focusing on flow of things and a mandatory for boater education. Meaning that anyone that is born after September 1st, 1993 will have to go through a course that's really what the focus of this is all about. They'll have to go through a mandatory boater education course that can be provided online or in a classroom setting. So that's really the focus is to improve the safety on our boats and waterways at a basic level of education on the topic.

REP. JESSICA FARRAR: Sure, I don't disagree with you. My concern is that you would have someone so young making -- you really have to watch the seas when you go offshore. I mean anything over 3 feet you have to start watching. Anything over 5 or 6 feet -- I'm just saying that adults grapple with this decision all the time. We have a place down south of Freeport and this is something that my brother, my dad look at all the time. And so, I'm just concerned about allowing someone so young that might not have the judgment to make a decision about, is this a good day to go out or not. It just seems awful broad. Jet skis are different from a larger water craft.

REP. TAN PARKER: Sure and, representative, the intent is to improve the safety in Texas on our lakes with this bill.

REP. DENNIS BONNEN: Representative Davis.

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

REP. DENNIS BONNEN: Would the gentleman yield for a question?

REP. TAN PARKER: Yes.

REP. DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE YVONNE DAVIS: As I'm listening to you we are lowering the age or we have an age -- I mean it seems to me like the fact that we have a 13-year-old driving a boat is a problem. And I understand you are talking about increasing the training for those who currently get to drive it. Would you recommend or would you accept an amendment to make it 16 across the board. We don't let 13-year-olds drive cars and we're fixing to allow a 13-year-old to drive a boat. I mean that's what this boat does if I'm not mistaken.

REP. TAN PARKER: Again, representative, let me stress this. You have today 13-year-olds that are able to operate a boat. That is currently happening. There are 13 and 16-year-olds -- the statute is unclear. So we're trying to make it across the board that requires the educational component.

REPRESENTATIVE YVONNE DAVIS: I appreciate that and I understand. My question is, would you accept an amendment that would make it 16 across the board with your training? Because if you recall we've had a number of bills that we put in training and education so that our kids would have some -- the necessary tools to make good decisions and to have 13 years driving a boat -- and I recognize your bill is to have training but why wouldn't we consider raising the age to 16 with training.

REP. TAN PARKER: Representative, I tell you what, as I said earlier this recommendation comes from a consortium that was unanimous on doing this that all the various stakeholders in Texas. So let me have a chance to visit with Parks and Wildlife, representative. I will ask that my bill be postponed and delayed until a little later and let me see if I can take an amendment with regard to that and visit with Parks and Wildlife.

REPRESENTATIVE YVONNE DAVIS: Okay. One of the stakeholders for the parents and aunts in Texas and I didn't agree to that. So I want to offer that as a perspective from that advantage point. Let me ask you something what's the permits for them driving, for a 13-year-old, I mean, are there penalties in this bill for them.

REP. TAN PARKER: The penalties if you do not comply with the education, yes, there are penalties in place, you know, they would basically -- it's a couple of different elements. One, we didn't want to have any negative economic impact. So if you go to a boat rental establishment; for example, the bottom line is that we didn't want you --

REPRESENTATIVE YVONNE DAVIS: You went to a boat rental establishment what happened --

REP. TAN PARKER: Yeah, so we give them a period of 90 days with which to take the education without incurring a fee but there would in fact a fee if in fact that were the case.

REPRESENTATIVE YVONNE DAVIS: And so, is it your -- I don't remember what you said about your willingness to take an amendment. What was your willingness? To visit with the stakeholder and stuff with regard to that. 13-year-olds driving boats and not train -- without adequate training.

REP. DENNIS BONNEN: Representative Legler raises a point of order that the gentleman's time has expired. The point of order is well taken and sustained.

REP. TAN PARKER: Representative I feel --

REP. DENNIS BONNEN: Representative Parker for a motion.

REP. TAN PARKER: Mr. Speaker, members, I'll postpone my bill here to a day certain -- how about 2:50.

REPRESENTATIVE YVONNE DAVIS: Thank you.

REP. DENNIS BONNEN: Members, you've heard the motion. Representative Parker moves to postpone until a time certain being 2:50 today. Any objection? Chair hears none. So ordered.

REP. DENNIS BONNEN: Chair recognizes Representative Shelton to make an important recognition.

REPRESENTATIVE MARK SHELTON: Thank you, chairman and members. I would like to introduce some fine young folks and their teachers and parents with us today. This is the North Hills Preparatory School, Williams Preparatory School, Heath Preparatory School, Summit International, Hansen Preparatory School, Heights, Laureate, Live School, Oak Cliff, and Harmony Science Academy in Dallas. And thank y'all for coming to your Capitol today.

REP. DENNIS BONNEN: Thank y'all for being here. Chair lays out on third read and final passage House Bill 2949. The clerk read the bill.

CLERK: HB 2949 by Cook. Relating to the administration of the collection improvement program.

REP. DENNIS BONNEN: Chair recognizes Representative Cook.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker, members. This is a bill that we heard yesterday that moves a certain audit function to the Office of Court of Administration.

REP. DENNIS BONNEN: Anyone else wishing to speak for or against House Bill 2949. The question occurs on final passage of House Bill 2949. It's a record vote. The clerk will ring the bell. Showing Representative King of Parker voting aye. Have all voted? Have all voted. Showing Representative Villarreal voting aye, showing Representative Eiland voting aye. Have all voted? There being 141 ayes, no nays, two present not voting, seven absent House Bill 2949 is finally passed. Chair lays out on third reading final passage House Bill 2077.

CLERK: HB 2077 by Rodriguez. Relating to a pilot program under the loanstar revolving loan program to promote the use of energy efficiency measures and renewable energy technology by certain nonprofit organizations.

REP. DENNIS BONNEN: Chair recognizes Representative Rodriguez to explain the bill.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you Mr. Speaker, this is a pilot program to help churches and CPO's eligible for loanstar revolving funds.

REP. JASON ISAAC: Mr. Speaker.

REP. DENNIS BONNEN: Representative Isaac.

REP. JASON ISAAC: A few questions, please.

REP. DENNIS BONNEN: Would gentleman yield for a few questions?

REPRESENTATIVE EDDIE RODRIGUEZ: I yield.

REP. DENNIS BONNEN: Gentleman yields for a question.

REP. JASON ISAAC: Representative, I'm sorry, I'm just now looking at this bill. Is there a fiscal note attached to this?

REPRESENTATIVE EDDIE RODRIGUEZ: Not to my knowledge there's not. I don't believe so. No, there's not.

REP. JASON ISAAC: This program is a loan program to encourage --

REPRESENTATIVE EDDIE RODRIGUEZ: Basically to encourage churches and nonprofit -- not encourage them but if they want to try either put solar on their rooftops or to weatherize their building that right now churches or places of worship wouldn't qualify for that. This allows them to be a part of that program to apply for some funds to be able to do that.

REP. JASON ISAAC: And it is a loan, correct?

REPRESENTATIVE EDDIE RODRIGUEZ: It's a loan.

REP. JASON ISAAC: Where does that money come from.

REPRESENTATIVE EDDIE RODRIGUEZ: It's currently in the loanstar revolving program right now. It's a loan program that exists today. We're just adding churches and certain nonprofits to be able to apply for the loan.

REP. JASON ISAAC: Okay. Great, thank you.

REP. DENNIS BONNEN: Anyone else wishing to speak for or against House Bill 2077. Question occurs on final passage of House Bill 2077. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted. There being 120 ayes, 16 nays, two present not voting, House Bill 2077 is finally passed. Chair lays out on third reading and final passage House Bill 2662. The clerk will read the bill.

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.

REP. DENNIS BONNEN: Chair recognizes Representative Chisum.

REP. WARREN CHISUM: This deals with regulating petroleum gas in the State of Texas.

REP. DENNIS BONNEN: Amendment by Chisum. Clerk will read the amendment.

CLERK: Amendment by Chisum.

REP. DENNIS BONNEN: Chair recognizes Mr. Chisum to explain the amendment.

REP. WARREN CHISUM: Mr. Speaker, members, this amendment just allows political subdivisions to make their own rules as long as they comply with safety rules of the Railroad Commission.

REP. DENNIS BONNEN: Representative Chisum, offers up an amendment. It's acceptable to the author. Is there objection? Chair hears none. The amendment is adopted.

REP. WARREN CHISUM: Move passage.

REP. DENNIS BONNEN: Anyone wishing to speaker for or against House Bill 2662. Question occurs on final passage of House Bill 2663. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 140 ayes, no nays, three present not voting, seven absent House Bill 2663 finally passed. Chair lays out on third reading and final passage House Bill 3346. Clerk will read the bill.

CLERK: HB 3346 by Burnam. Relating to certain information available to the public on a central database containing information about sex offenders.

REP. DENNIS BONNEN: Chair recognizes Representative Burnam.

REPRESENTATIVE LON BURNAM: Members, this is the same bill you passed out yesterday changing and modifying and clarifying maintenance data file. Thank you.

REP. DENNIS BONNEN: Is there anyone wishing to speak for or against House Bill 3346.

REP. JAMES L. KEFFER: I'm sorry, Mr. Speaker.

REP. DENNIS BONNEN: Yes.

REP. JAMES L. KEFFER: Is this a misprint, Burman or Burnam. What is Burman, Christian, Zedler? What is that?

REPRESENTATIVE LON BURNAM: Hartnett, Christian, Zedler had the privilege to see me lay this bill out in committee and they wanted to be in this bill.

REP. JAMES L. KEFFER: Is that right.

REPRESENTATIVE LON BURNAM: Yes.

REP. JAMES L. KEFFER: I'm proud of you.

REPRESENTATIVE LON BURNAM: Move passage.

REP. DENNIS BONNEN: Anyone else wishing to speak for or against House Bill 3346. Question occurs on final passage of House Bill 3346. This is a record vote. The. Clerk will ring the bell. Have all voted? There being 138 ayes, 2 noes, two present not voting, House Bill 3346 is finally passed. Chair lays out on third reading and final passage House Bill 2599. The clerk will read the bill.

CLERK: HB 2599 by Ritter. Relating to the definition of chewing tobacco for purposes of the taxes imposed on cigars and other tobacco products and to the rate of the tax imposed on chewing tobacco.

REP. DENNIS BONNEN: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker, members. House Bill 2599 just brings back fairness to the way we were taxing some of our tobacco products. Move passage.

REP. DENNIS BONNEN: Anyone else wishing to speak for or against House Bill 2599.

REP. JASON ISAAC: Mr. Speaker.

REP. DENNIS BONNEN: I'm sorry, Representative Isaac.

REP. JASON ISAAC: Will the gentleman yield?

REP. DENNIS BONNEN: Gentleman yield for a question?

REPRESENTATIVE ALLAN RITTER: Yes, sir, I yield.

REP. DENNIS BONNEN: Gentleman yields.

REP. JASON ISAAC: Is House Bill 2599 -- does this cut taxes for chewing tobacco products.

REPRESENTATIVE ALLAN RITTER: It sure does.

REP. JASON ISAAC: Do you think that will increase the consumption of chewing tobacco.

REPRESENTATIVE ALLAN RITTER: Yes, I sure do.

REP. JASON ISAAC: And you're okay with that.

REPRESENTATIVE ALLAN RITTER: I'm very happy. Actually I'd be a lot happier if we went back to three year's ago tax rate.

REP. JASON ISAAC: I just had to clarify its cutting taxes for chewing tobacco.

REP. DENNIS BONNEN: Anyone else wishing to speak for or against House Bill 2599. Question occurs on passage of House Bill 2599. It's a record vote. Clerk will ring the bell. Have all voted? Have all voted? There being 83 ayes, 52 nays, two present not voting, twelve absent, House Bill 2599 is finally passed. House lays out on a matter of postponed business House Bill 1890 on second reading. Clerk will read the bill.

CLERK: HB 1890 by Fletcher. Relating to voidability of contracts procured through barratry and civil liability arising from conduct constituting barratry.

REP. DENNIS BONNEN: Chair recognizes Representative Fletcher.

REP. ALLEN FLETCHER: Mr. Speaker, members, I request to postpone to a time certain Friday May 6th, 8:00 a.m. Senate Bill is over.

REP. DENNIS BONNEN: There's an objection to that. Representative Fletcher, would you like to make a different motion.

REP. ALLEN FLETCHER: The Senate Bill has arrived.

REP. DENNIS BONNEN: Members, the Senate companion to House Bill 1890 is over and eligible. Accordingly the chairs lays out Senate Bill 1716. The clerk will read the bill.

CLERK: SB 1716 by Duncan. Relating to the voidability of contracts procured through barratry and civil liability arising from conduct constituting barratry.

REP. DENNIS BONNEN: Chair recognizes Representative Fletcher to explain the Senate Bill.

REP. ALLEN FLETCHER: This is the bill on barratry it calls for the triple damages.

REP. DENNIS BONNEN: Representative Gallego.

REP. PETE P. GALLEGO: Will the gentleman yield?

REP. DENNIS BONNEN: Will the gentleman yield for a question, Mr. Fletcher?

REP. ALLEN FLETCHER: Yes.

REP. DENNIS BONNEN: Gentleman yields.

REP. PETE P. GALLEGO: Mr. Fletcher, since this has been postponed I wasn't able to find the House Research Report on it. So can you tell me -- can you tell us all about the bill and the penalty.

REP. ALLEN FLETCHER: Yes, can you give me just a moment, Mr. Gallego.

REP. PETE P. GALLEGO: Absolutely.

REP. ALLEN FLETCHER: Thank you, Pete, I wasn't aware that it made it over. It's just a barratry fee based on the fact that we've had a situation over the years where we've had numerous situations -- basically ambulance chasing. I carried this bill based on the fact when I was on the police department in Houston we had numerous situations where we had members of the Houston fire department that were provided fax machines for their family members and these lawyers were beating our accident victims to the hospital. And so, this particular bill just addresses the fact that there are some penalties involved -- triple damages on lawyers that are involved in ambulance chasing.

REP. PETE P. GALLEGO: Well, I don't necessarily dispute that. I think, frankly, that's a good policy. I'm asking in terms of the penalties what are the penalties involved? And the other issue would be does it regulate -- is there a way to regulate? For example, if the lawyers are in league with people in the fire department and the people in the fire department are provided those fax machines, is there a way to deal with the fireman or the police officer or whoever who's helping -- who's the other end of that bargain?

REP. ALLEN FLETCHER: Absolutely, that's just the law itself. They're actually violating their public position by passing that information on. That's against their policy. This is for the lawyers; this is a barratry bill.

REP. PETE P. GALLEGO: So what happens to the other side? What happens to the public servant who is helping to run those cases essentially.

REP. ALLEN FLETCHER: Well obviously that would be up to the penal code with respect to what the charges were. There is a $10,000 fine is what Representative Hartnett is telling me on that.

REP. PETE P. GALLEGO: And so what's the penalty for the barratry side, for the lawyer. The employee gets the $10,000 fine and the lawyer.

REP. ALLEN FLETCHER: Fee forfeiture.

REP. PETE P. GALLEGO: Fee forfeiture and that's it. Is there any requirements that he be reported to the bar association or she for grievance purposes or any of those things.

REP. ALLEN FLETCHER: I'm sorry. That's already the law, Pete. That's just the way. That's been in law.

REP. PETE P. GALLEGO: What's been in law?

REP. ALLEN FLETCHER: That's -- that's the penalty that we're talking about. The fee forfeiture, that's what we're looking at.

REP. PETE P. GALLEGO: Okay. Well if it's already in law -- again I didn't have the House research report -- organization -- I couldn't find it. I thought you were postponing your bill. So what's the new part of the law then? If that's already in law, then what does the bill do?

REP. ALLEN FLETCHER: The new part is addressing the civil penalties for the triple damages which is for the offense of barratry.

REP. PETE P. GALLEGO: Triple damages are what now?

REP. ALLEN FLETCHER: The triple damages on the barratry or the civil part of the barratry bill.

REP. PETE P. GALLEGO: The lawyer pays triple damages.

REP. ALLEN FLETCHER: That's the fee forfeiture.

REP. PETE P. GALLEGO: And what's the triple damages of what? What's the damage? Some number is multiplied by three.

REP. ALLEN FLETCHER: Whatever the fee was in the bill.

REP. PETE P. GALLEGO: Okay. So if you're -- if you're fee is one-third most lawyers have a percentage fee, so if your fee is one-third how would you know what that case is worth and how to multiply it by three because you don't know what that case is going to settle for?

REP. ALLEN FLETCHER: I wouldn't be advised about the individual case. I mean I wouldn't know.

REP. PETE P. GALLEGO: In terms of the mechanics of your bill, if you're going multiply a number by three how do you figure out what that number is?

REP. ALLEN FLETCHER: Well, I guess that would be determined by what the actual -- whatever the fee forfeiture was based on what the fee was in that bill.

REP. PETE P. GALLEGO: Mr. Hartnett says that there's no -- that the multiplier is out. So it's just a straight fee forfeiture. You just can't -- if you run the case you just can't make any money off the case.

REPRESENTATIVE ALLAN RITTER: Right, basically.

REP. PETE P. GALLEGO: Okay. Thank you, Mr. Fletcher.

REP. ALLEN FLETCHER: Sorry, Pete, I didn't have the thing in front of me when you asked.

REP. DENNIS BONNEN: Representative Villarreal, for what purpose?

REPRESENTATIVE MIKE VILLARREAL: To ask a question.

REP. DENNIS BONNEN: Gentleman yield for a question?

REP. ALLEN FLETCHER: Certainly I'll yield.

REP. DENNIS BONNEN: Gentleman yields.

REPRESENTATIVE MIKE VILLARREAL: For those of us who aren't attorneys I bring you a question just to sort of clarify the big picture purpose of this bill. Today there is not a civil penalty for barratry; is that correct?

REP. ALLEN FLETCHER: That would be my understanding. I'm not an attorney, Mike, you know that.

REPRESENTATIVE MIKE VILLARREAL: And certainly there is a criminal charge that can be brought but because there's not a civil cause of action it's very difficult to pursue these cases and reduce their prevalence. And what this bill does is it put in place a civil penalty in order to decrease the prevalence of the running of legal cases often known as barratry.

REP. ALLEN FLETCHER: Right.

REPRESENTATIVE MIKE VILLARREAL: Thank you. You have a good bill.

REP. ALLEN FLETCHER: Thank you.

REP. DENNIS BONNEN: Mr. Jackson.

REP. JIM JACKSON: Would the gentleman yield?

REP. DENNIS BONNEN: Would the gentleman yield for a question?

REP. ALLEN FLETCHER: I yield to the gentleman.

REP. JIM JACKSON: Representative Fletcher, this was in the civil judiciary and civil jurisprudence and we had a subcommittee on this, a pretty thorough vetting of it and bringing people together and this is really bill that people agreed to, is that --

REP. ALLEN FLETCHER: Yes, it is, sir.

REP. JIM JACKSON: Thank you.

REP. ALLEN FLETCHER: Thank you. I move passage now that my file is here.

REP. DENNIS BONNEN: Chair -- is there -- chair recognizes Representative Lucio to speak in favor of the bill.

REPRESENTATIVE EDDIE LUCIO III: Members, if I could just have you're attention for a few seconds. I am a practicing attorney in south Texas and unfortunately in south Texas we do have a problem when it comes to the practice of the legal profession. As you may read, there's some issues dealing with one of our very own. Well, no longer with us but there is a serious problem. My brother-in-law wrote a book about the legal profession called the Case Runner. And cases that are run by non-attorneys and other attorneys, cases that are paid for, working with various different people to make sure that they can pick up cases. Lawyers are doing all sorts of things. I am for any barratry laws. I am for any laws where you're doing the wrong thing in the name of picking up business. So I support this bill as a south Texas practicing attorney and a Democrat I ask you to, please, support this bill as well.

REP. DENNIS BONNEN: Is anyone -- all those in favor say aye, those opposed say nay. The ayes have it. Senate Bill 1716 is passed to third reading. Members, members, may I, please, have your attention. That was our first bill of postponed business. We're now into second reading and postponed business. Representative Keffer and many other members have requested that we pause for a moment. Many of you maybe aware that Representative Hopson's wife Billy is having a very important and serious procedure in Houston today. We would request that we stop for a silent moment of prayer and remember the Hopson family through this very important day. Thank you very much, members. Continue to remember the Hopsons not only today but throughout her recovery. Thank you very much. Representative Fletcher moves to lay House Bill 1890 on the table subject to call. Is there objection? Chair hears none. It is so ordered. Chair lays out -- I'm sorry. Chair lays out House Bill 3790 as postponed business. The clerk will read the bill. Chair recognizes Representative Pitts.

REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to postpone House Bill 3790 until May the 5th, 2011 at 8:00 a.m.

REP. DENNIS BONNEN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 3640 as a matter of postponed business on second reading. Chair recognizes Representative Pitts.

REPRESENTATIVE JIM PITTS: Mr. Speaker, members I move to postpone House Bill 3640 until May the 5th, 2011 at 8:00 a.m.

REP. DENNIS BONNEN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Otto on House Bill 3665.

REPRESENTATIVE JOHN OTTO: Thank you, Mr. Speaker. Members, I move to postpone consideration of House Bill 3665 until tomorrow, May 5th at 8:00 a.m.

REP. DENNIS BONNEN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Bill 3639 as a matter of postponed business and recognizes Representative Pitts.

REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to postpone House Bill 3639 until May the 5th at 8:00 a.m.

REP. DENNIS BONNEN: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.

REP. JAMES L. KEFFER: Chair lays out as a matter of postponed business House Bill 3648. Recognize Mr. Otto.

REPRESENTATIVE JOHN OTTO: Thank you, Mr. Speaker, members. I move to postpone consideration of House Bill 3648 until tomorrow morning at 8:00 a.m. on May 5th.

REP. JAMES L. KEFFER: Members, you've heard the motion. Any objection? Chair hears none. Chair lays out as a matter of postponed House Bill 3418. Recognize Mr. Darby.

REPRESENTATIVE DREW DARBY: Thank you, Mr. Speaker, members. I move to postpone consideration of House Bill 3418 until 8:00 o'clock on May the 15th.

REP. JAMES L. KEFFER: Members, you've heard the motion --

REPRESENTATIVE DREW DARBY: May the 5th, I'm sorry. Let's do it again. Start all over, members. I move to postpone consideration of House Bill 3418 until 8:00 o'clock a.m. on May the 5th.

REP. JAMES L. KEFFER: Members, you've heard the motion. Any objection? Chair hears none. Chair lays out as a matter of postponed business House Bill 3506. Recognizing Mr. Villarreal -- recognize the clerk read the bill.

CLERK: HB 3506 by Villarreal. Relating to the use of transportation allotment funds by school districts to provide bus passes or cards to certain students.

REP. JAMES L. KEFFER: Chair recognizes Mr. Villarreal.

REPRESENTATIVE MIKE VILLARREAL: Thank you, members. This is the bill we passed yesterday. It simply gives our school districts discretion in paying for bus passes with our state transportation allotment dollars. I move passage.

REP. JAMES L. KEFFER: Members, you've heard -- members you've heard the motion. Are there any objections? We need a record vote. Vote aye, vote no. The clerk will ring the bell. All members voted? All members voted? There being 104 ayes, 33 nays motion carries. Chair brings a matter of postponed business House Bill 2250. Clerk will read the bill.

CLERK: HB 2250 by Bonnen. Relating to the abolition of the Coastal Coordination Council and the transfer of its functions to the General Land Office.

REP. JAMES L. KEFFER: Chair recognizes Mr. Bonnen.

REP. DENNIS BONNEN: Mr. Speaker, I believe the Senate Bill is over.

REP. JAMES L. KEFFER: Members, the Senate companion to House Bill 2250 is over and eligible accordingly the chair lays out Senate Bill 656. Clerk will read the bill.

CLERK: SB 656 by Huffman. Relating to abolition of the Coastal Coordination Council and the transfer of its functions to the General Land Office.

REP. JAMES L. KEFFER: Chair recognizes Mr. Bonnen.

REP. DENNIS BONNEN: Thank you, Mr. Speaker this is a sunset bill that deals with the Coastal Coordination Counsel. It abolishes the Coastal Coordination Counsel and moves its functions into the General Land Office. The main -- the main function of the Coastal Coordination Counsel was to help insure that we met Federal standards on administering $2.5 million of the Federal funds for the coast. What we're simply doing is taking those functions placing them within the General Land Office because for all practical purposes the General Land Office was handling the management of those funds through this counsel itself. So we are streamlining agency and moving it within the GLO.

REPRESENTATIVE LON BURNAM: Mr. Speaker, would the gentleman yield?

REP. JAMES L. KEFFER: Mr. Burnam, for what purpose?

REPRESENTATIVE LON BURNAM: I would like to ask him some questions about this bill.

REP. JAMES L. KEFFER: Mr. Bonnen, do you yield?

REP. DENNIS BONNEN: I'd be happy to yield for some questions.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE LON BURNAM: Mr. Bonnen, you serve on the Sunset Commission, correct?

REP. DENNIS BONNEN: That's correct.

REPRESENTATIVE LON BURNAM: The Sunset Commission has been around for several decades, correct?

REP. DENNIS BONNEN: I think that's accurate.

REPRESENTATIVE LON BURNAM: And you're actually going to abolish an agency.

REP. DENNIS BONNEN: Well, actually not an agency, it's a counsel.

REPRESENTATIVE LON BURNAM: Okay. It's a counsel. You actually have put a government entity through the sunset process and you decided to move its functions to the General Land Office.

REP. DENNIS BONNEN: That is correct.

REPRESENTATIVE LON BURNAM: And you're proposing that will streamline and add to efficiency for doing so?

REP. DENNIS BONNEN: I think it will make it more clear whose doing what.

REPRESENTATIVE LON BURNAM: Do you think it will undermine the coordination or do you think it will enhance the coordination.

REP. DENNIS BONNEN: I believe it will enhance it.

REPRESENTATIVE LON BURNAM: Well, as interested as I am in coastal issues I think this is a good bill.

REP. DENNIS BONNEN: I know what dramatic impact it has on your district and why you would be so very concerned.

REP. JAMES L. KEFFER: Following amendment. The clerk will read the amendment.

CLERK: Amendment by Bonnen.

REP. JAMES L. KEFFER: Chair recognizes Mr. Bonnen.

REP. DENNIS BONNEN: Members, really what this amendment does is just give some clean up language and makes it fit the Senate Bill that just came over. I move adoption.

REP. JAMES L. KEFFER: Members, you've heard the motion. Is there any objection? Chair hears none. The following amendment. Clerk will read the amendment.

CLERK: Amendment by Castro.

REP. JAMES L. KEFFER: Chair recognizes Representative Castro. The amendment is withdrawn.

REP. DENNIS BONNEN: Move passage.

REP. JAMES L. KEFFER: Members, question occurs on the passage into engrossment House Bill 2250. All in favor say aye. All opposed. Ayes have it. Members we will go back to House Bill 257 -- Representative Hilderbran for a motion.

REP. HARVEY HILDERBRAN: Mr. Speaker, members, I move to reconsider the vote by which House Bill 257 passed on third reading.

REP. JAMES L. KEFFER: Members, you heard the motion. Are there any objections? Chair hears none. Chair recognizes -- chair recognizes Mr King.

REPRESENTATIVE PHIL KING: Thank you, Mr. Speaker, members. I would move to withdraw the amendment that was placed on this bill. It creates a two subject problem even though I argued that they were on the same color paper and the same color print and that shouldn't matter. And then we're going to run the same thing with a different amendment.

REP. JAMES L. KEFFER: Members, you've heard the motion. Are there any objections to withdrawing the King amendment? All right. Representative King moves to withdraw his amendment. Are there any objections? Chair hears none. Chair recognizes Representative Hilderbran.

REP. HARVEY HILDERBRAN: Move passage of House Bill 257 as it passed on second reading.

REP. JAMES L. KEFFER: Members, you've heard the motion. It is a record vote. Clerk will ring the bell. Have all members voted? Mr. Veasey voting -- all members voted. There being 139 ayes, 3 nays motion carries. Please excuse Representative Trey Martinez-Fischer on important business in the district by motion by Representative Veasey. Any objections? Chair hears none. Chair calls up a matter of postponed business House Bill 469. Clerk will read the bill.

CLERK: HB 469 by Callegari. Relating to the calculation of ad valorem taxes on the residence homestead of a 100 percent or totally disabled veteran for the tax year in which the veteran qualifies or ceases to qualify for an exemption from taxation of the homestead.

REP. JAMES L. KEFFER: Members, the Senate companion to House Bill 469 is over and eligible accordingly the chair lays out Senate Bill 201. The clerk will read the bill.

CLERK: SB 201 by you are Uresti. Relating to the calculation of ad valorem taxes on the residence homestead of a 100 percent or totally disabled veteran for the tax year in which the veteran qualifies or ceases to qualify for an exemption from taxation of the homestead.

REP. JAMES L. KEFFER: Chair recognizes Mr. Callegari.

REPRESENTATIVE BILL CALLEGARI: Members, this bill is to address a problem that -- to make sure disabled veterans to get their exemption that this bill was intended to originally provide for.

REP. JAMES L. KEFFER: Mr. Farias, for what purpose?

REPRESENTATIVE JOE FARIAS: Would the gentleman yield?

REP. JAMES L. KEFFER: Do you yield.

REPRESENTATIVE BILL CALLEGARI: Absolutely.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE JOE FARIAS: Representative Callegari, as you know by now I usually try to stay on stop of issues that effect our veterans and in since the bill didn't come through the Veterans' Committee would you share with me exactly what it does. I've read it, I think I understand it.

REPRESENTATIVE BILL CALLEGARI: Basically somebody in my district brought this to me and the same thing happened Senator Uresti. Situation where a 100 percent disabled veteran who is allowed 100 percent exemption on his taxes if he sells his house in the middle of the year and moves to another house, when he goes to the new house he doesn't get that exemption but the person who buys his old house, who is not entitled to get the exemption for the rest of that year. So if he sold his house in January and goes to a new house he would have to pay the tax on the new house. Where the person who bought his house would not have to pay tax for the 11 months of the year. This changes that it so that the exemption goes with the disabled veteran.

REPRESENTATIVE JOE FARIAS: Okay. What about if he pays it a month in advance?

REPRESENTATIVE BILL CALLEGARI: I'm sorry.

REPRESENTATIVE JOE FARIAS: What about if that veteran pays that, let's say a month in advance before its due. He gets reimbursed or that money that he paid is transferred onto his next --

REPRESENTATIVE BILL CALLEGARI: I don't know the answer to that but I would hope that there would be a way he could get reimbursed. But I don't know the precise answer.

REPRESENTATIVE JOE FARIAS: But your bill --

REPRESENTATIVE BILL CALLEGARI: The bill does not deal with that. It just makes sure that the exemption follows the disabled veteran and doesn't go to somebody whose probably not a veteran, who certainly doesn't deserve that exemption.

REPRESENTATIVE JOE FARIAS: Thank you, sir.

REPRESENTATIVE BILL CALLEGARI: Thank you.

REP. JAMES L. KEFFER: Thank you, Mr. Farias.

REPRESENTATIVE BILL CALLEGARI: Move adoption.

REP. JAMES L. KEFFER: Following amendment. The clerk will read the amendment.

CLERK: Amendment by Callegari.

REP. JAMES L. KEFFER: Chair recognizes, Mr. Callegari.

REPRESENTATIVE BILL CALLEGARI: Members, this is an amendment that was requested that would allow a price to someone who is partial disability and allows the tax appraiser to give them a partial exemption. A 30 percent exemption or appraise it at 30 percent of the value.

REP. JAMES L. KEFFER: Mr. Callegari sends up an amendment. It is acceptable to the author. Any objection? Chair hears none. Chair recognizes Mr. Callegari.

REPRESENTATIVE BILL CALLEGARI: I move adoption.

REP. JAMES L. KEFFER: Members, you've heard the motion. It passes to third reading of Senate Bill 201. All in favor say aye, all opposed nay. Ayes have it. Chair lays out as a matter of postponed business House Bill 2400. Clerk will read the bill.

CLERK: HB 2400 by Miller of Comal. Relating to the powers and duties of the Texas Commission on Environmental Quality and other entities regarding water and sewer utilities and certain conservation and reclamation districts.

REP. JAMES L. KEFFER: Chair recognizes Mr. Miller.

REPRESENTATIVE DOUG MILLER: Mr. Speaker, I move to postpone this bill until 8:00 o'clock tomorrow morning, May 5th, 2011.

REP. JAMES L. KEFFER: Members, you've heard the motion. Are there any objections? Chair hears none. Chair recognizes Mr. Geren. Chair calls up as a matter of postponed business House Bill 3132. Clerk will read the bill.

CLERK: HB 3132 by Geren. Relating to the membership, powers, and duties of the State Preservation Board.

REP. JAMES L. KEFFER: Chair recognizes Mr. Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker, members. I move to postpone until 8:00 a.m. tomorrow, May 5th.

REP. JAMES L. KEFFER: Members, you heard the motion. Any objections? Chair hears none. Chair lays out as a matter of postponed business House Bill 1604. Clerk will read the bill.

CLERK: HB 1604 by Guillen. Relating to the regulation of subdivisions in counties, including certain border and economically distressed counties.

REP. JAMES L. KEFFER: Chair recognizes Mr. Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. This bill would make fundamental changes to -- to regulations that govern development on the border. Number one, is the bill modifies who is responsible for provisional code enforcement and extra territorial jurisdiction. Number two, it allows local determination for 5 to 10 acre planning requirements to address customer issues for the ag use of property. Number 3, it clarifies that new county roads minimum standard for new development. Number, 4 the bills standardizes the advertising requirements to apply to unincorporated areas as it is in the rest of the State. Number 5, it allows for $250 maximum earnest money contract. And Number 6, it makes a distinction for major and minor violations and provides a (*inaudible) -- for those minor violations. And we do have some amendments.

REP. JAMES L. KEFFER: Following amendment. The clerk will read the amendment.

CLERK: Amendment by Lucio.

REP. JAMES L. KEFFER: Chair recognizes Mr. -- chair recognizes Mr. Lucio.

REPRESENTATIVE EDDIE LUCIO III: Thank you, Mr. Speaker, members. I want to thank Representative Guillen, he worked really hard with us the last couple of days. I also want to thank Representative Ritter. You know obviously the subject of *colonia is a very sensitive subject to those of us who live along the border. I have the largest *colonia in my district in this state and I wanted to make sure that we weren't creating a situation where we were going to encourage the proliferation of the *colonia. So we made few changes to the bill. This amendment speaks to the 90 day cure period. It makes sure that that 90 day cure period doesn't effect things like health and safety. It also talks to refunding the money -- earnest money contract laid out in Representative Guillen's bill. It allows the attorney general and local governments to provide a notice of intent. You must provide a notice of intent to the local government if you plan on collecting earnest money for these developments. You know this is an effort to try to distinguish between good developers and those who are trying to take advantage of poor people along the border. I move passage and I think it's acceptable to the author.

REP. JAMES L. KEFFER: Mr. Lucio sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Gallego.

REP. JAMES L. KEFFER: Chair recognizes Mr. Gallego.

REP. PETE P. GALLEGO: Mr. Speaker, this amendment just allows counties to have some cost recovery for publication and other costs and I believe that is acceptable to the author.

REP. JAMES L. KEFFER: Mr. Gallego sends up an amendment. Mr. Gallego sends up an amendment it is acceptable to the author are. Are there any objections? Chair hears none. Members we're waiting for an amendment. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Lucio.

REP. JAMES L. KEFFER: Chair recognizes Mr. Lucio.

REPRESENTATIVE EDDIE LUCIO III: Thank you Mr. Speaker, members. This amendment also clarifies one other thing regarding the noted 90 day cure period. The cure period is for -- in regards to Mr. Guillen's intentions is for minor administrative violations. And so, according to his bill before you can go through an enforcement action with a developer who violates one of these violations or one of these requirements you must wait 90 days. What this does is to make sure that only applies to administrative violations and not something like the health and safety, such as water, sewer, running water. So with that I think it's acceptable to the author and I move passage.

REP. JAMES L. KEFFER: Mr. Lucio sends up an amendment -- Mr. Lucio sends up an amendment it is acceptable to the author. Are there any objections? Chair hears none. Chair recognizes Mr. Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you members. Move passage.

REP. JAMES L. KEFFER: Members, you've heard the motion. All in favor say aye, all opposed. Ayes have it House Bill 1604 moves to third reading. Representative Bonnen moves to lay House Bill 2250 on the table subject to call. Are there any objections? Chair hears none. So ordered. Chair lays out HJR 61. Clerk will read the HJR.

CLERK: HJR 61 by Raymond. Proposing a constitutional amendment changing the terms of office of a district judge.

REP. JAMES L. KEFFER: Chair recognizes Mr. Raymond.

REP. RICHARD PENA RAYMOND: Thank you Mr. Speaker, members. This bill -- the Judge Lewis and Speaker Woolly and Representative King and I worked on. It simply would make uniform the terms of district judges with those of the appellate judges, taking it from four years to six years. The amendment would reduce the influence of money and allow district judges to focus on serving our state to the best of their ability while still remaining accountable to electorates. Move passage.

REP. JAMES L. KEFFER: Mr. Gallego, for what purpose?

REP. PETE P. GALLEGO: Will the gentleman yield for a question?

REP. RICHARD PENA RAYMOND: Yes.

REP. JAMES L. KEFFER: Mr. Raymond, would you yield?

REP. RICHARD PENA RAYMOND: Yes.

REP. JAMES L. KEFFER: He yields.

REP. PETE P. GALLEGO: Mr. Raymond, how long has that four year term of office been in the constitution, do you know?

REP. RICHARD PENA RAYMOND: I don't. It's too long.

REP. PETE P. GALLEGO: I think one of the original things and the idea was that people who were elected should be more responsive to the communities and constituencies who elect them. So by making a six year term aren't you in fact insolating district judges from that current public opinion? Aren't you making them essentially less accountable to voters than they would be otherwise.

REP. RICHARD PENA RAYMOND: Absolutely not.

REP. PETE P. GALLEGO: Tell me why.

REP. RICHARD PENA RAYMOND: They still have to run for office, Pete, just like all the appellate judges do. They're all accountable to voters just like all of us who have to run for office but I tell you what you do. You minimize the amount of time spent going and begging lawyers for money.

REP. PETE P. GALLEGO: The issue in a court of appeals race is they have a longer term but they also serve a much bigger area, whereas the district judges just serve typically, in most instances. Certainly there are exceptions like in the county that I represent. But typically they only serve one county. Webb County I would think all the district judges there are only in Webb County; is that right?

REP. RICHARD PENA RAYMOND: One of them is two counties but go ahead.

REP. PETE P. GALLEGO: Most of the counties it's just the one county, so, the comparison is not necessarily the same if you're comparing them to the Supreme Court or court of criminal appeals or any of the courts of appeals because those territories are much bigger. And I can see why you would want to -- that's kind of the checks and the balances. Some are supposed to be closer to people and some are supposed to be above the fray so to speak. Is that not how you view the --

REP. RICHARD PENA RAYMOND: You know, the reason I support this idea is because you're still having the judges having be accountable to the voters but you are moving this towards them not having to spend as much time trying to get money for their campaigns. And I do think that the public in general and I think many of us in here, maybe most of us in here do view the judiciary differently than the legislators, for example, or the governor's office where we hope that they are less bias because they have to deal with cases that you know obviously that's where they are supposed to be impartial. And they have to run obviously for office because that's the way we set it up in the State of Texas. But having six year terms as we do with the appellate courts, they're still accountable but hopefully you remove some of the -- what I think is distasteful which is the money that goes into these judicial races where the judges -- these district court judges have to go and beg lawyers for money. I think it will lead to a better system. I think you'll attract even better people into the judiciary because they don't have to spend as much time begging lawyers for money.

REP. PETE P. GALLEGO: The argument for me with respect to the fact that they are different from the legislature and different from the governor's office or the executive branch leads to the argument that they should run in a nonpartisan election. Is that something that you would be amenable to in terms of an amendment in your JR, so that judges wouldn't have to run? Let them run every four years or even every six but do it in a nonpartisan race as opposed to a partisan race.

REP. RICHARD PENA RAYMOND: You know somebody wants to offer that amendment, Pete, I'll leave it to the will of the House. I'll probably vote against it myself but you know if that's something you want to do you can.

REP. PETE P. GALLEGO: To me the issue is not the length of term, the issue is the politics in terms of partisanship of the judicial races. I would like the offer that amendment.

REP. RICHARD PENA RAYMOND: Pete, if they weren't running as Democrats or Republicans or Independents they still have to go, you know, beg for money and so I think six year terms minimizes that.

REP. JAMES L. KEFFER: Mr. Garza.

REP. JOHN V. GARZA: Will the gentleman yield?

REP. JAMES L. KEFFER: Will you yield, Mr. Raymond?

REP. RICHARD PENA RAYMOND: Yes.

REP. JAMES L. KEFFER: He yields.

REP. JOHN V. GARZA: Representative Raymond, I just wanted to kind of agree with what Representative Gallego said. District judges are generally closer to the people in much of the way we're elected every two years. The opposite argument could be made is why don't we elect them every two years. So I'm actually thinking the four years -- the way it is allows us every four years to consider how those judges are doing in the courtroom if we have some judges that are not performing that we have that shorter period of time to be able to correct that situation. So I just wanted to bring that viewpoint to the argument.

REP. RICHARD PENA RAYMOND: Well, I don't think that the Supreme Court Justice Wallace Jefferson and other courts -- I don't think that they believe that judges should not be accountable to the people. But he supports this reform as we supports other reforms in the judicial system that would remove money from the process or at least make it to where judges didn't have to go beg for money as often that they do right now.

REP. JOHN V. GARZA: Do you agree that maybe allowing judges races to be nonpartisan might be a more effective way to not have the political process of campaigning and raising funds less critical. Wouldn't that be a better way to approach it.

REP. RICHARD PENA RAYMOND: Well, I think if you do nonpartisan you still having to go ask for money. And so that's what I'm trying to get at.

REP. JOHN V. GARZA: I would like our comments reduced to writing if that would be okay, Mr. Speaker.

REP. RICHARD PENA RAYMOND: I'm going to object to that. I'm kidding.

REP. JAMES L. KEFFER: Members, you heard the motion. Are there any objection? Chair hears none. Mr. Jackson.

REP. JIM JACKSON: Would the gentleman yield?

REP. JAMES L. KEFFER: Do you yield, Mr. Raymond?

REP. RICHARD PENA RAYMOND: Yes.

REP. JAMES L. KEFFER: He yields.

REP. JIM JACKSON: I can see a lot of different arguments on this particular bill but let me point out one thing for major counties where, you know, they talked about in some counties there's one judge and some there's several counties under a district judge. But in a county like Dallas where we have maybe 90 total judges and you have 70 on the ballot one year and 20, two years from now. Most of the people don't know all of the people they're voting for anyway. And I can see a scenario if we would do a few other things with this where if you had 30 people on the ballot every other year the electorate would have a lot better opportunity to know who they are voting for than they do when you have 70 on the ballot one year.

REP. RICHARD PENA RAYMOND: I think you're right. Thank you, Mr. Chairman.

REP. JAMES L. KEFFER: Mr. Castro.

REP. JOAQUIN CASTRO: Mr. Speaker, will the gentleman yield for a question.

REP. JAMES L. KEFFER: Do you yield, Mr. Raymond?

REP. RICHARD PENA RAYMOND: No.

REP. JAMES L. KEFFER: He says no. He yields.

REP. JOAQUIN CASTRO: I just as -- I told you earlier I support this bill and I intend to. But I have a question about the -- on the language of the constitutional amendment itself which is in the HRO report. I don't have the bill in front of me but I'm reading from the HRO report. It says that the ballot proposal would read, quote, the constitutional amendment to increase the term of a district judge to six years and to provide that a person elected to fill a vacancy in the office of judge of a district court serves the full term. So -- but it wouldn't change right now if somebody is elected and they leave office early and the governor makes an appoint, would that person still have to run at the next opportunity election.

REP. RICHARD PENA RAYMOND: Absolutely.

REP. JOAQUIN CASTRO: So, it wouldn't change that appointment.

REP. RICHARD PENA RAYMOND: Not at all.

REP. JOAQUIN CASTRO: Okay. Thank you.

REP. RICHARD PENA RAYMOND: Thank you. Thank you for your support. Move passage.

REP. JAMES L. KEFFER: Mr. King to speak for House Bill -- HJR 61. Excuse me.

REPRESENTATIVE PHIL KING: Thank you Mr. Speaker, members. Can I tell you why I support this bill and I really thought through it. Ever since I've been here there's been this big debate on whether judges should be appointed or elected. And there's arguments on both sides of that. Both are a political process. My thought is in moving this to six years we will take more of the politics out of that and maybe help put to rest the argument that it should be appointed judges, which I think is an inappropriate way to do it. There's also a fact that our courts of appeals judges and Supreme Court justices already serve six years. It makes no sense that our trial court judges would not serve the same and be removed another two years from the unavoidable influence of politics and fundraising. And then finally this was requested by our Supreme Court Chief Justice in his state of the state as I recall. And after reviewing this with some of my district judges I would encourage to vote for Mr. Raymond's HJR.

REP. JAMES L. KEFFER: Chair recognizes Mr. Lewis to speak for --

REPRESENTATIVE TRYON LEWIS: Thank you, Mr. Speaker and members.

REP. JAMES L. KEFFER: -- for the bill.

REPRESENTATIVE TRYON LEWIS: Yes, thank you. I think this is a very good bill. Our appellate court members, our Supreme Court, court of criminal appeals and appellate courts are already six years. What this bill does is to make state judge terms be uniform. We have a tremendous problem in many of cities, our most populace cities where district judges are appointed they immediately have to run for an unexpired term, then they have to run again for the full term and they're constantly running and it's a constant problem.

REP. HARVEY HILDERBRAN: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Hilderbran, for what purpose?

REP. HARVEY HILDERBRAN: Will the gentleman yield?

REP. JAMES L. KEFFER: Mr. Lewis, will you yield?

REPRESENTATIVE TRYON LEWIS: I'd be happy to yield.

REP. JAMES L. KEFFER: He yields, Mr. Hilderbran.

REP. HARVEY HILDERBRAN: Judge Lewis, it's been awhile since we talked about it but you'll recall I raised to you in visits before about the judiciary. Some of the things I think they haven't done a very good job with.

REP. JAMES L. KEFFER: Excuse me, Mr. Hilderbran -- members, members we have a little quiet so we can carry on the debate, please -- conversation, thank you.

REP. HARVEY HILDERBRAN: Judge Lewis, what I'm wanting to ask you about and what I'm concerned that by giving six years term might do is let our judges make mistakes that they make from time to time on rulings, like when they legislate from the bench. And one of the things about the terms four years, which is still more than what we have it keeps them sensitive. We have the ability to calm legislative events. I recall just a few years ago that the Supreme Court that ruled and made law from the bench about our requirement in state law that we passed about how you fill out a ballot for election to be on the ballot. And in the case of one of our former colleagues who was running for the appeals court and he filled his out right, an incumbent judge on the appeals court filled his out wrong and an incumbent district judge from Dallas filled his out wrong. The party chairman took them off the ballot. They were immediately sued. It went all the way to the Supreme Court and I can't help but think there was a little motivation on their part to rule the way they did which did legislate from the bench and also cause another former colleague of ours from the panhandle who didn't have an opponent fill his ballot application out right either. Tell me when those kinds of issues happen how I'm suppose to feel good giving them a six year term.

REPRESENTATIVE TRYON LEWIS: Well, I don't think that the terms -- the terms that people are serving wouldn't have any effect on that at all. We're human and judges make mistakes or that could be a proper application of the law. We elect people to do that. That's the selection that was decided to make. One thing that I will say that does help is, if you have six year terms there are two things that we want. We want accountability. So I think we want judges elected and partisan elections are fine. The problem that you have is that you also want judges to be independent of outside pressures. You don't want judges to be constantly out there with their hands out for people to make political contributions. And if you lengthen terms even for just a little bit and you do away with running for expiring terms you really get a much better independence. So you don't have judges out there asking for money all the time for running for office.

REP. HARVEY HILDERBRAN: Let me ask you this. What accountability do we have today when they legislate from the bench or do some -- make a decision. Is there -- I mean, how do we stop that from happening? I mean, is there -- could we add legislating to the bench another reason for impeachment. I mean, what do we do to stop them from doing it because they do it. And I'm afraid that in this case it pointed to an example where they were politically motivated. And so they ran the campaigning that they would not legislate from the bench, that's not what they do but in fact at least -- at least one if not two example in recent history when they did that.

REPRESENTATIVE TRYON LEWIS: Well, the executive, legislative, and judicial branches each have a role. And one thing that -- if the judiciary gets it wrong or we think they get it wrong and we write a law and we think they're interpreting incorrectly then what we can do is we meet every two years, we can clarify no, that's not what we meant. And that has happened on many occasions that that's been brought up and they said no they didn't get our intent right and so what we do is we right that so it's a good balance. It works.

REP. HARVEY HILDERBRAN: I understand what y'all are trying to do and there are some reasons to do it. I'm concerned that we don't have enough accountability because there erring and we aren't stopping it.

REPRESENTATIVE TRYON LEWIS: Thank you, Mr. Chairman.

REP. PETE P. GALLEGO: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Gallego.

REP. PETE P. GALLEGO: Will the gentleman yield for a question?

REP. JAMES L. KEFFER: Do you yield?

REPRESENTATIVE TRYON LEWIS: I yield.

REP. JAMES L. KEFFER: He yields.

REP. PETE P. GALLEGO: Mr. Lewis, I noticed that both you and Mr. King mentioned this in the state of the judiciary address. How important is that?

REPRESENTATIVE TRYON LEWIS: I'm sorry, I wasn't able to hear.

REP. PETE P. GALLEGO: I noticed that both you and Mr. King mentioned that the Chief Justice mentioned this or argued for this.

REPRESENTATIVE TRYON LEWIS: Yes.

REP. PETE P. GALLEGO: In his state of the judiciary address. How important is that?

REPRESENTATIVE TRYON LEWIS: I think that it's very important because especially Wallace Jefferson has been very concerned with how we select judges. And, you know of course, he would go a step further. He would go to a merit select system that's not candidate general election selection.

REP. PETE P. GALLEGO: The reason that I ask that is because Mrs. McClendon will tell you for example that Chief Justice Jefferson also argued for an innocence commission in his state of the judiciary address and yet his request on that particular issue didn't seem so important.

REPRESENTATIVE TRYON LEWIS: One thing about it as you know the Supreme Court, the Court that he's over is over civil matters only it has no jurisdiction over criminal laws at all. So I would much more listen to Wallace Jefferson's views on selection of judges, matters to the whole judiciary rather than a matter sort of outside his box.

REP. PETE P. GALLEGO: In terms of lengthening the terms of the judges, you know, Federal judges are elected or appointed, not elected but appointed for life.

REPRESENTATIVE TRYON LEWIS: Yes, they are.

REP. PETE P. GALLEGO: You've heard the comparison -- the question as you lengthen terms and you let people stay longer without running for office more often -- you heard the question, what's the only difference between God and a Federal judge.

REPRESENTATIVE TRYON LEWIS: What's that?

REP. PETE P. GALLEGO: God doesn't think he's a Federal judge.

REPRESENTATIVE TRYON LEWIS: Thank you very much. It's a good bill.

REP. JAMES L. KEFFER: Anyone else wishing to speak on, for, or against HJR 61. Chair recognizes Mr. Raymond.

REP. RICHARD PENA RAYMOND: Thank you Mr. Speaker, members. Move passage.

REP. JAMES L. KEFFER: Question occurs on HJR 61. This is a record vote. Clerk will ring the bell. Mr. King voting aye, Mr. Weber voting no, Mr. Miller voting no, Mr. Isaacs voting aye. All members voted? All members voted? Being 82 ayes, 52 nays motion carries to third reading. Representative Callegari moves to lay House Bill 469 on the table subject to call. Is there objection? Chair hears none. Chair call up HJR 63. Clerk will read the HJR.

CLERK: Clerk HJR 63 by Pickett. Proposing a constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases in ad valorem taxes imposed by the county on property in the area.

REP. JAMES L. KEFFER: Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker, members. Members, we passed a transportation reinvestment zone bill out of the House and it's over in the Senate. There's a issue where cities are able to sell bonds and use that revenue to pay those bonds. In the constitution, Article 8 it's not clear about counties. The way the constitution reads it says cities and towns and other taxing entities. The attorney general has put out an economic development booklet for local communities and it just said that if a county issues bonds for this particular program that it could be an issue. This HJR would specifically allow and put in counties along with cities.

REP. JAMES L. KEFFER: Mr. Veasey.

REPRESENTATIVE MARC VEASEY: Gentleman yield?

REP. JAMES L. KEFFER: Do you yield, Mr. Picket?

REPRESENTATIVE JOE PICKETT: I yield.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE MARC VEASEY: Mr. Speaker, thank you very much for offering up this HJR. I wanted to ask you a couple of questions. And I know that in Fort Worth in the past that Fort Worth and other cities in the area that they have been able to use the tips to clean up blighted areas, bring in economic development. Will counties -- will this give county commissioners an additional tool to do something similar, particularly in areas that they may have a hard time attracting economic development, housing or whatever.

REPRESENTATIVE JOE PICKETT: Mr. Veasey, what this would do is make it easier. A county can create a road utility district but it's another layer of bureaucracy. They would have to petition Texas Department of Transportation, pay a $5,000 application fee, they would appoint temporary directors, have an election, have elected members sit over this board and then they would be able to do it. Cities can do it by resolution. And again there's just some question of whether a county can sell a bond. So to answer your question directly this would make it much easier and allow any county the same as a city.

REPRESENTATIVE MARC VEASEY: Okay. So counties haven't used the tip before.

REPRESENTATIVE JOE PICKETT: Counties do. You can create a transportation reinvestment zone but what -- the way a county has do it is, they don't have city ordinance authority. They have to abate the taxes. What they would do is give you a discount. They would say we're going to charge you $10 less and then they would turn around and have some mechanism to charge you the $10. It's a wash and it's very difficult for them to do that under the current statute and that's TRZ. This portion of it would allow those counties to use that money to pay for the bonds that they would like to issue.

REPRESENTATIVE MARC VEASEY: And all counties would be able to do that under this?

REPRESENTATIVE JOE PICKETT: All 254 counties.

REPRESENTATIVE MARC VEASEY: Okay. Thank you. You have a great bill Mr Pickett.

REPRESENTATIVE JOE PICKETT: Move passage.

REP. JAMES L. KEFFER: Mr. Picket sends up a motion to pass HJR 63 to third reading. All in favor say aye, all opposed. Passed to third reading. Record vote has been requested. Record vote -- never mind. Chair recognizes Judge Flynn.

REPRESENTATIVE DAN FLYNN: Thank you, Mr. Speaker and chairman. As we are looking up into the gallery you will see great group of young people coming in. And Mr. Speaker, members, I would just like to welcome some very special guests here in the gallery. Today we have fifth grade students with their teachers and their principal Ms. Owens from Wolfe City Elementary in my district. This school has received an exemplary rating nine times during the last 12 years. During the other three years the campus was recognized. Wolfe City Elementary was one of the 13 schools across the nation to receive the first model school award from Reading Renaissance. They've also been honored by receiving the Title I of Distinguished Performance Award. And I hope you-all will just join with me and give a warm welcome to the Wolfe City fifth grade class.

REP. JAMES L. KEFFER: Chair lays out as a matter of postponed business House Bill 1395. Clerk will read the bill.

CLERK: HB 1395 by Parker. Relating to the requirements to operate personal watercraft and certain boats.

REP. JAMES L. KEFFER: Chair recognizes Mr. Parker.

REP. TAN PARKER: Thank you, Mr. Speaker, members. Again, you-all heard the debate a little earlier on this topic just for clarification. Today a 13-year-old can drive a boat in Texas. And I certainly wouldn't want to do anything that would impact families and the quality of life today on Texas lakes. This bill was brought about through unanimous consent of all the major stakeholders on this subject in the state and the Boater Advisory Committee. And as such, happy to yield.

REPRESENTATIVE LON BURNAM: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Burnam, for what purpose?

REPRESENTATIVE LON BURNAM: I would like to ask a question of Representative Parker.

REP. JAMES L. KEFFER: Representative Parker, would you yield?

REP. TAN PARKER: I yield.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE LON BURNAM: Tan, when you were working on the bill did you even consider that maybe 13 is too young for somebody to be driving unaccompanied by an adult on the lake. Particularly given the number of drunk driving incidents we've had on lakes.

REP. TAN PARKER: Representative, again I wanted to stress to you that today 13-year-olds can operate a motor -- a boat in Texas. Parks and Wildlife as part of this panel group asked for consistency purposes that we do in the bill and get rid of the inconsistency between 13 and 16 year olds. The objective, Representative Burnam, is to improve safety. To address the number of accidents and the number of fatalities with regard to having this slow fazed in approach to mandatory boater education.

REPRESENTATIVE LON BURNAM: So, I appreciate what you're suggesting and what you're saying is no. You didn't take into consideration at the time of formulating the bill that maybe we should raise the age from 13 to 16 and if I want to see that done next time I should just file a bill.

REP. TAN PARKER: Representative, I had that conversation with Representative Davis earlier that we're going to talk about that issue separately but I think it needs to go through the committee process and involve all of the stakeholders in the State in order to look at that. Again, you've got to look at parental responsibility as well but there are a number of 13-year-olds boating very safely in Texas today.

REPRESENTATIVE LON BURNAM: Thank you.

REP. TAN PARKER: Thank you, representative.

REP. JAMES L. KEFFER: Ms. Davis.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker. Will the gentleman yield for a couple of questions?

REP. JAMES L. KEFFER: Do you yield, Mr. Parker?

REP. TAN PARKER: I'd be happy to yield.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE YVONNE DAVIS: Thank you and I wanted to first of all thank you for taking the time for opportunities with regard to my concerns.

REP. TAN PARKER: It's my privilege to do so.

REPRESENTATIVE YVONNE DAVIS: And -- but I want to put on the record because I think it's important because we, as a legislature, recognize that we're allowing 13 year olds to drive right now, a boat. And actually your bill deals with personal watercraft along with any other motor boat; isn't that correct?

REP. TAN PARKER: That's correct.

REPRESENTATIVE YVONNE DAVIS: And your bill is going to require training for any 13 year olds that are going to be driving boats.

REP. TAN PARKER: That's correct. That's improving if you will safety by -- by mandatory education first for those that are born after September 1 of '93.

REPRESENTATIVE YVONNE DAVIS: And when you -- when we passed this bill it would be across the board that 13 year olds can drive, if they pass training, without supervision; is that correct?

REP. TAN PARKER: That's correct.

REPRESENTATIVE YVONNE DAVIS: And to the extent that we are now, in my judgment, being a little callus about this issue. And I respect that this is your bill and you worked on it all session, do you think that it would be appropriate to have us review the licensing process and maybe separate the personal -- the person watercraft and the larger motor boats.

REP. TAN PARKER: Representative Davis, as we discussed you're a good friend of my region, obviously, from Dallas County and I'd be honored to work with you in the interim on that topic broadly. I believe it's separate and apart with what we're doing with the slow safety approach to mandatory boater education.

REPRESENTATIVE YVONNE DAVIS: And I just wanted to put in -- also maybe mention a couple of other things as it relates to the training course you're going to give. Will adults who drive boats -- will they have to do any kind of training.

REP. TAN PARKER: I'm sorry, I have a hard time hearing you. Will you repeat question?

REPRESENTATIVE YVONNE DAVIS: Adults that are driving boats, do they have also a training requirement?

REP. TAN PARKER: Well, today we currently in the bill we are exempting those individuals that were born prior to September 1st of 1993. So, no. There would be no requirement for the existing adult population. That was one the things that was very important in working on in time. Let me say this, in time because of this mandatory safety approach we will cover a larger and ever growing -- annually a larger portion of the population of the adults but at present, no.

REPRESENTATIVE YVONNE DAVIS: So your -- this bill will faze in training for adults as we go.

REP. TAN PARKER: Yes, that's correct.

REPRESENTATIVE YVONNE DAVIS: Okay. And as -- also your thought that Parks and Wildlife suggest or believe that most of the accidents with the older adults and not the youth?

REP. TAN PARKER: That's the fact that show between 35 and 50, that's right.

REPRESENTATIVE YVONNE DAVIS: And so, the training that's in this bill that will be fazed in will be an attempt to get the younger kids --

REP. TAN PARKER: Ultimately we'll take in the entire population. Yes, ma'am.

REPRESENTATIVE YVONNE DAVIS: Well, I would just like to ask at this time, Mr. Speaker, the discussion between me and the author could be reduced to writing and placed in the journal.

REP. JAMES L. KEFFER: Members, you heard the motion.

REPRESENTATIVE YVONNE DAVIS: Thank you Tan.

REP. TAN PARKER: I would be happy to work with you.

REP. JAMES L. KEFFER: Members, you heard the motion. Are there any objections? Chair hears none.

REP. TAN PARKER: I move passage.

REP. JAMES L. KEFFER: Members, the question is on passage of House Bill 1395 to engrossment. Record vote. Clerk will ring the bell. Showing Mr. Bonnen voting aye. All members voted? Mr. Zedler voting aye. All members voted? All members voted. There being 134 ayes, 7 nays, motion carries. Chair lays out House Bill 122. The clerk will read the bill.

CLERK: HB 122 by Veasey. Relating to proof that is acceptable for identifying individuals acknowledging written instruments.

REP. JAMES L. KEFFER: Chair recognizes Mr. Veasey.

REPRESENTATIVE MARC VEASEY: Members, this is a simple bill that will help realtors in your communities. By current law this does not allow notaries to accept passports by foreign governments as satisfactory evidence of an individuals identification and acknowledgment of a written instrument. This bill was simple and will make it easier to conduct real estate transactions in the State of Texas.

REPRESENTATIVE LON BURNAM: Mr. Speaker, will the gentleman yield?

REP. JAMES L. KEFFER: For what purpose?

REPRESENTATIVE LON BURNAM: I would like to ask the gentleman a couple of questions.

REP. JAMES L. KEFFER: Veasey, do you yield?

REPRESENTATIVE MARC VEASEY: Yes.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE LON BURNAM: This is in no way intended to make the process more complicated, correct.

REPRESENTATIVE MARC VEASEY: No. It makes the process more easier and it will help your realtor be able to conduct real estate transactions and get them done a lot faster.

REPRESENTATIVE LON BURNAM: And its directed specifically at the realtor community?

REPRESENTATIVE MARC VEASEY: Well, yes, in the transaction. In the selling or purchasing of a home.

REPRESENTATIVE LON BURNAM: And you know in the district that I represent which is adjacent to the district that you represent we have quite few real estate transactions with noncitizens.

REPRESENTATIVE MARC VEASEY: Absolutely.

REPRESENTATIVE LON BURNAM: So this would be a good bill for my district.

REPRESENTATIVE MARC VEASEY: Absolutely. It would be a great bill.

REP. JAMES L. KEFFER: Mr. Zedler, for what purpose?

REPRESENTATIVE BILL ZEDLER: Mr. Speaker, would the gentleman yield for a question?

REP. JAMES L. KEFFER: Mr. Veasey, will you yield.

REPRESENTATIVE MARC VEASEY: Of course.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE BILL ZEDLER: So, in essence it allows you to use foreign passports as identification; is that right?

REPRESENTATIVE MARC VEASEY: Correct. It would allow a passport to be used to purchase a house. Like for instance you may have a rich person come to Arlington that wants to buy a house and this way your realtor would not have to vouch and say, you know, I know this person or it would be that the passport which is identified worldwide would be able to be used as identification to conduct the real estate transaction and the realtor will love you for this.

REPRESENTATIVE BILL ZEDLER: Okay. Thank you.

REP. JAMES L. KEFFER: Mr. Anderson, for what purpose?

REP. RODNEY ANDERSON: I would like to ask the gentleman a question.

REP. JAMES L. KEFFER: Mr. Veasey, do you yield?

REPRESENTATIVE MARC VEASEY: Yes. Go right ahead.

REP. RODNEY ANDERSON: Mr. Veasey, would this allow the use of the consular matricula.

REPRESENTATIVE MARC VEASEY: No.

REP. RODNEY ANDERSON: Okay. It does not. I just wanted to make sure for clarification purposes. Thank you.

REPRESENTATIVE MARC VEASEY: Absolutely. Move passage.

REP. JAMES L. KEFFER: Mr. Veasey sends up House Bill 122 to pass to third reading. All in favor say aye, all opposed. Ayes have it. Pass to third reading. Chair lays out House Bill 595. Clerk will read the bill.

CLERK: HB 595 by Raymond. Relating to the punishment prescribed for false identification as a peace officer.

REP. JAMES L. KEFFER: Chair recognizes Mr. Raymond.

REP. RICHARD PENA RAYMOND: Thank you, Mr. Speaker, members. HB 595 stipulates that the offense of false identification of a officer be a felony of the third degree if the perpetrator committed the offense with the intent to commit another felony. Move passage.

REP. JAMES L. KEFFER: Mr. Raymond sends up House Bill 595. All in favor say aye, all opposed. House Bill 595 passed to third reading. Chair lays out House Bill 654. Clerk will read the bill.

CLERK: HB 654 by Solomons. Relating to a report regarding the municipality or county of origin of certain tax revenue collected by the comptroller.

REP. JAMES L. KEFFER: Chair recognizes Mr. Solomons.

REPRESENTATIVE BURT R. SOLOMONS: Thank you, Mr. Speaker, members. This bill will allow people to know how much money their communities actually contribute to the state and how much of their revenue is actually allocated back to them. It's in an aggregate total without disclosing the total tax payment to the comptroller already reports similar data on sells, hotel and mixed beverage taxes while protecting taxpayer privacy.

REP. JESSICA FARRAR: Mr. Speaker.

REP. JAMES L. KEFFER: Ms. Farrar, for what purpose?

REP. JESSICA FARRAR: Would the gentleman yield?

REP. JAMES L. KEFFER: Mr. Solomons, do you yield?

REPRESENTATIVE BURT R. SOLOMONS: Yes.

REP. JAMES L. KEFFER: He yields.

REP. JESSICA FARRAR: Mr. Solomons, why is it necessary for legislators and the governor to know what the revenue that the comptroller collects for -- on every tax by county and by city, why is that important?

REPRESENTATIVE BURT R. SOLOMONS: Why is that important. I think people want to know how their tax -- how their money is being used and how much comes back to the city. We collect a lot of taxes. Those taxes go to the comptroller they are allocated back. People need to have some transparency so they can keep track of that.

REP. JESSICA FARRAR: Sure. So what if there are those inequities say kind of like we do school finances. Well, let me go way from that to not get too complicated. But if one area is bringing in more revenue than another area but is getting less revenue is that something that you're trying to determine with this bill.

REPRESENTATIVE BURT R. SOLOMONS: I think it's good information to have. To see if monies are being allocated the way they're supposed to be.

REP. JESSICA FARRAR: Do you believe then that an area from where we collect a lot of revenue should be then given back a proportionate amount of revenue.

REPRESENTATIVE BURT R. SOLOMONS: I didn't say that. I just think that people ought to know if there are inequities whether there are issues and people will know that.

REP. JESSICA FARRAR: And what do you think we will do with that information?

REPRESENTATIVE BURT R. SOLOMONS: I have no idea at this point. I just think you have to have the information first. You know we don't know if there is problem or not. You may think there is a problem, we may think -- some people may think there is a problem but you need to see the information to see a pattern of collections and allocations. You can't really make an informed decision. This is about transparency so you can see that.

REP. JESSICA FARRAR: Okay. I understand that. Say you have an area that you have higher income -- whatever it is. Kind of like back in school where you have industry or you have high valued property or whatever it is that's causing that area to bring in more revenue, higher income for instance. But then you have other areas that don't bring in as much money but sometimes those areas require the expenditure of more funds. Rural areas would be an example. You don't have much of a tax base where you might need some bridges, you might need roads, you might have other needs. I'm just concerned about the consequences and why this bill is necessary really.

REPRESENTATIVE BURT R. SOLOMONS: Why the bill is necessary. I think there's been a growing need and a growing sense around the country, much less in Texas, of people wanting to know where their money is going. And how, not only in the collection, but where it's actually going. Is it coming back to them? Is it going to other areas? Where is it really going? I'm not sure -- I understand your issue; for example, some areas may collect a lot of taxes and get a high allocation back. Other areas are not able to collect a lot of taxes and not -- you know, they're not in a situation maybe in rural Texas or certain parts of the state that really don't collect a lot and don't get much back. Those inequities are in and of itself wherever people are located. But I think everybody wants to know well, if they are collecting those taxes how are they being allocated back? Are we getting our fair share back?

REP. JESSICA FARRAR: Do you think there might be -- I'm going say an unintended consequence that voters might demand that their money not go somewhere else. That their money come back to them.

REPRESENTATIVE BURT R. SOLOMONS: I think once you have information then we have people that may approach this legislative body with -- or individual representatives or senators about doing something about what you're maybe concerned about. About inequities because they have bridges down there whatever the issue is that they're not able to collect much money. I mean, it helps look at what areas are collecting money, where it's being allocated back in all respects. I'm not quite sure where you're headed although I understand the issue of the fact that some areas might collect a lot more and get a lot more back. But it maybe because whatever -- it maybe -- for example, tourism. Some cities like Arlington; for example, may collect a lot of money and get an allocation back. They may not even feel they're getting enough back. Other areas don't have those kinds of things. They don't collect much. They don't get much back but they have issues. I understand that but don't know until you really -- it's a guessing game to some degree unless you are asking the right questions and get the -- and have the information of the data. Some of this to make intelligent decisions, just having the information. It's transparency.

REP. JESSICA FARRAR: Your bill will aggregate -- it will break out the various taxes, correct? Like you mentioned tourism. So that would be one line item for instance. Property tax would be another. Sales tax would be another like that.

REPRESENTATIVE BURT R. SOLOMONS: Well, we don't collect property taxes. I mean the local communities collect property tax. We don't have a statewide property tax but sales tax is something we collect and other taxes we collect from certain areas. I mean, you have -- this is a very diverse state. I mean, we collect a certain amount of taxes in certain categories. All -- I think what people really want to know and it was brought to me as a way to have more transparency and efficiency to understand and collect data so we actually know what's going on around the state in various areas where we collect taxes. We are already doing it in certain areas so, we just want to do it in some other areas that they may collect.

REP. JESSICA FARRAR: Let me ask you this: so in certain counties like Harris County you have municipalities within it, how would that report come back? Would it come back by -- would it break down just Harris County or would it also talk about the -- those individual cities within the county.

REPRESENTATIVE BURT R. SOLOMONS: It may be by county it maybe sin tax, it maybe gasoline tax, or a variety of taxes. In fact I actually read about this in the El Paso Times. And it was about the counties wanting the comptroller make public all revenue sources. So they could actually see in El Paso; for example, and other places like Harris County, Bexar County, Travis County about how their moneys are being collected and how much they are getting back and a variety of categories in an aggregate amount.

REP. JESSICA FARRAR: Well, here's my question. I guess it wasn't clear. You have Harris County and within Harris County you have the city of Houston and within also even further breaking it down you West University Place, city of Southside, Bellaire and so on. My question is then is the report going to be for Bellaire, will that break down?

REPRESENTATIVE BURT R. SOLOMONS: I anticipate it being by county, by city, by subdivision. Whoever is collecting taxes that are sent to the state and allocated back. It would break down in that regard. That's how I anticipate it being done.

REP. JESSICA FARRAR: So, to be clear then. Since Bellaire is an incorporated city within Harris County.

REPRESENTATIVE BURT R. SOLOMONS: Right.

REP. JESSICA FARRAR: It would break out into --

REPRESENTATIVE BURT R. SOLOMONS: I would think so.

REP. JESSICA FARRAR: Wow.

REPRESENTATIVE BURT R. SOLOMONS: The whole idea is to try to break this down at least by aggregate total in the areas -- in entity which counties and cities primarily, I guess. But there may be other subdivisions, entities that collect tax that actually come back to the state for some reason then they churn through the mill or however they do it and then it goes back to those entities to make sure you're getting back and how you're allocating money back. So how much is collected, how much goes back to that area. Seems to me that pretty transparent for everybody to understand what's going on.

REP. JESSICA FARRAR: So, back to the line items. Each individual tax, say your vehicle registration and in an area like Harris County you would have I would imagine a high number.

REP. JAMES L. KEFFER: Representative Cook raises a point of order that the gentleman's time has expired and the point of order is well taken and sustained. Following amendment the. Clerk will read the amendment.

CLERK: Amendment by Farrar.

REP. JAMES L. KEFFER: Chair recognizes Representative Farrar.

REP. JESSICA FARRAR: Mr. Speaker, members this amendment -- actually I wish I had more time to ask questions about this one. But we hear all the time about unfunded mandates and had what a headache they are. And so, this would add to this report cities and counties would send back information as to how much we are costing them in unfunded mandates.

REP. JAMES L. KEFFER: Mrs. Farrar sends up an amendment.

REPRESENTATIVE WILL HARTNETT: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Hartnett, for what purpose?

REPRESENTATIVE WILL HARTNETT: Will the lady yield for a question?

REP. JESSICA FARRAR: I will.

REP. JAMES L. KEFFER: She yields.

REPRESENTATIVE WILL HARTNETT: Would you explain the amendment again? I didn't quite catch it.

REP. JESSICA FARRAR: Sure, it's basically a reporting of unfunded mandates those cities and counties would send back to the legislature and the governor those costs to them that we didn't -- those things that we require that we didn't pay for. The things that we hear about all the time from our constituents.

REPRESENTATIVE WILL HARTNETT: So, we have unfunded mandates on the counties and cities to report about unfunded mandates.

REP. JESSICA FARRAR: You could say that.

REPRESENTATIVE WILL HARTNETT: Okay.

REP. JESSICA FARRAR: If it's something we care about. And we hear about it all the time. We don't like it when the Feds do it to us. It's another way of keeping track as we are talking about earlier -- keeping track of those things that we do day in and day out here.

REP. JAMES L. KEFFER: Mrs. Farrar sends up an amendment. Chair recognizes Mr. Guitierrez.

REPRESENTATIVE ROLAND GUTIERREZ: Thank you, Mr. Speaker, members. At this time I would like to direct your attention to the east side of the Capitol where we have -- we can ask the Viegras to stand up. We have our wonderful and collegial -- one of our colleagues State Representative Trey Martinez-Fischer, the brains behind the operation Marty Golando, his chief of staff has his wonderful in-laws here, Mr. Luis Viegra all the way from Caguas, Puerto Rico -- speaks in Spanish -- and we also have Victor Rejos and Victor Rejos, Jr. who are also Marty's in-laws, his uncle in-law and his grandfather in-law. Thank you members.

REP. JAMES L. KEFFER: Representative Solomons moves to postpone House Bill -- further consideration of House Bill 654 to 4:30 today, p.m. Are there any objections? Chair hears none. Chair lays out on second reading House Bill 673. Clerk will read the bill.

CLERK: House Bill 673 by Parker. Relating to the production and use of an instructional video on the recreational water safety.

REP. JAMES L. KEFFER: Chair recognizes Mr. Parker.

REP. TAN PARKER: Thank you, Mr. Speaker, members. This bill very simply recognizes that most deaths on a public waterways are not attributable to boat operator error but rather other -- 673 sends a short video on general water safety instruction in the driver education course in Texas.

REP. JAMES L. KEFFER: Mr. Burnam.

REPRESENTATIVE LON BURNAM: Would gentleman yield?

REP. JAMES L. KEFFER: Would you yield, Mr. Parker?

REP. TAN PARKER: Yes, I yield.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE LON BURNAM: Representative Parker I appreciate both of these bills that you brought forward today but explain to me how the video will be developed and who's going to make money doing it.

REP. TAN PARKER: Sure. No one makes money doing it. It's developed by Parks and Wildlife when they have the resources to do so, if not this biennium a future biennium and then it would be applied if you will through all the driver's education schools in the state. There is no money being made. This would be part of the curriculum that comes from TEA.

REPRESENTATIVE LON BURNAM: But can they take donations to fund the project?

REP. TAN PARKER: I'm sorry.

REPRESENTATIVE LON BURNAM: But could they take donations to fund the project.

REP. TAN PARKER: I guess they could take donation. But again they actually believe that the video, the footage and so forth needed for a video is already available. It will probably be at no cost at all to produce it.

REPRESENTATIVE LON BURNAM: Well, that would be a pleasant surprise. Thank you for offering the bill.

REP. TAN PARKER: Thank you, representative. Move passage.

REP. JAMES L. KEFFER: Mr. Parker moves to send House Bill 673 to third reading. All in favor say aye, all opposed. Ayes have it. 673 goes to third reading. Chair lays out House Bill 922. The clerk will read the bill.

CLERK: HB 922 by Riddle. Relating to the penalties for theft of an automated teller machine.

REP. JAMES L. KEFFER: Chair recognizes Ms. Riddle. Chair recognizes Ms. Riddle. Chair recognizes Ms. Riddle. Is Ms. Riddle -- where is Ms. Riddle? Chair recognizes Ms. Riddle.

REPRESENTATIVE DEBBIE RIDDLE: Thank you, Mr. Chairman. I would like to postpone this until tomorrow 7:00 a.m.

REP. JAMES L. KEFFER: Members, you heard the motion. Are there any objections? Chair hears none. Chair lays out on second reading House Bill 1071. Clerk will read the bill.

CLERK: HB 1071 by Sarah Davis of Harris. Relating to the extension of deed restrictions in certain residential real estate subdivisions.

REP. JAMES L. KEFFER: Chair recognizes Mrs. Davis.

REPRESENTATIVE SARAH DAVIS: Thank you, Mr. Speaker, members. House Bill 1071 is a narrowly bracketed bill. Currently only applying to the neighborhood of South Hampton Place which is a residential real estate subdivision located in the city of Houston. The bill would simply allow an extension of deed restrictions for a term equal to the original term of the restrictions or a shorter period agreed to by the owners of a majority of the lots in the subdivision provided that the original restrictions expire. Allow for an extension by a majority vote of the owners of the lots in the subdivision and do not prohibit excessive restrictions. It establishes procedures and methods in which a vote to extend or terminate deed restrictions by property owner's within the subdivision may be performed and also clarifies applicability of extension of these restrictions. I have an amendment that strikes a section of the bill that was not necessary as it is already provided for in state law.

REP. JAMES L. KEFFER: Clerk will read the amendment.

CLERK: Amendment by Sarah Davis of Harris.

REP. JAMES L. KEFFER: Chair recognizes, Ms. Davis.

REPRESENTATIVE SARAH DAVIS: The amendment is acceptable to the author and I move adoption.

REP. JAMES L. KEFFER: Ms. Davis sends up an amendment. It is acceptable to the author.

REP. ARMANDO WALLE: Mr. Speaker.

REP. JAMES L. KEFFER: Representative, Walle, for what purpose?

REP. ARMANDO WALLE: Would Representative Davis just yield for a quick question just to explain her --

REP. JAMES L. KEFFER: Ms. Davis. She yields.

REP. ARMANDO WALLE: Representative, what is your amendment actually do because it just has numbers --

REPRESENTATIVE SARAH DAVIS: There is a section of the bill regarding unconstitutional restrictions and it deletes that because what these restriction are already codified, they are unconstitutional. So it's unnecessary language in the bill and the residents were afraid someone might say well, they might try defeat the actual deed restriction.

REP. ARMANDO WALLE: Okay. So you're just trying to make it where it -- make a little bit easier for a neighborhood to try to bring back their deed restrictions.

REPRESENTATIVE SARAH DAVIS: That's exactly right and it's bracketed very closely for one neighborhood in --

REP. ARMANDO WALLE: Okay. One neighborhood in your area. Thank you.

REP. JAMES L. KEFFER: Ms. Davis sends up an amendment it is acceptable to the author. Are there any objections? Chair hears none.

REPRESENTATIVE SARAH DAVIS: Thank you. I move passage.

REP. HELEN GIDDINGS: Mr. Speaker.

REP. JAMES L. KEFFER: Ms. Giddings, for what purpose?

REP. HELEN GIDDINGS: Will the lady yield for a question?

REP. JAMES L. KEFFER: Ms. Davis. She yields.

REP. HELEN GIDDINGS: Ms. Davis of course you presented your bill through the Business and Industry Committee and then at my request you gave me a copy of the deed restrictions and I'm sorry I just got in on the end of your conversation with the representative before. But were you talking about deed restrictions and perhaps parts of deed restrictions that might not be today constitutional. Because these deed restrictions that you gave me a copy of said that no African American, Mongolian or some other ethnicity -- I don't have that with me -- could dwell in this particular subdivision.

REPRESENTATIVE SARAH DAVIS: And there is state law prohibiting that type of discrimination. So, there's not -- we're not trying to modify the current deed restrictions with this bill. We're just trying to set up procedures within them. State and Federal law already prohibits actions such as not allowing a African Americans or any minority from purchasing in the neighborhood.

REP. HELEN GIDDINGS: I realize that but I thought it certainly would be a bad precedence in this House even though we know that that is unlawful today both at the State level and the at that the Federal level. I just want to make a point of saying that that certainly surprised me that we still had deed restrictions with that kind of language in them whether or not they are constitutional. And I do realize of course that we were giving them permission to vote to extend these restrictions. But I do hope that there is some opportunities for you to visit with these people and make sure that this language is discontinued.

REPRESENTATIVE SARAH DAVIS: I absolutely understand your concerns. Unfortunately these restrictions were drafted in 1927 in a very different time and it is not at all the intentions of these residents to extend any deed restrictions that are prohibited by State and Federal law which are the types that you are speaking about.

REP. JAMES L. KEFFER: Mr. Turner, for what purpose?

REPRESENTATIVE SYLVESTER TURNER: Would the lady yield?

REP. JAMES L. KEFFER: Ms. Davis. She yields.

REPRESENTATIVE SYLVESTER TURNER: And Representative Davis, even though that they are the practice is unconstitutionally and illegal is there any problem with removing the language from the deed restrictions even now.

REPRESENTATIVE SARAH DAVIS: With this bill -- this bill does not set up anyway of actually changing the deed restrictions, the wording of the deed restrictions. This bill is to simply allow the extension. So, no, this bill does not make allowances for changing.

REPRESENTATIVE SYLVESTER TURNER: Right. I understand the bill is solely limited to the extension. But is the extension of the deed restrictions as they are currently written and my question is, I don't have any problem with extending deed restrictions and even though the context of the language of the deed restrictions is unconstitutional, some portions of it. Since we are looking at extending the deed restrictions I would certainly like to see that language removed from the deed restrictions. So I will vote to extend but I will also I want you to know will be filing an amendment to remove from your deed restrictions any language that says that African Americans that's cannot live in this subdivision even though we know it is unconstitutional. So I will vote to extend but on third amendment -- on third reading I do intend to file an amendment to remove that language.

REPRESENTATIVE SARAH DAVIS: I completely understand.

REPRESENTATIVE SYLVESTER TURNER: And I hope it will be acceptable by the author.

REPRESENTATIVE SARAH DAVIS: It will.

REPRESENTATIVE SYLVESTER TURNER: Thank you.

REPRESENTATIVE SARAH DAVIS: I move passage.

REP. JAMES L. KEFFER: Ms. Davis moves House Bill 1071 to third reading. Are there any objections. I mean, excuse me. All in favor say aye, all opposed. Ayes have it. House Bill 1071 passes to third reading. Members we're going to go back to HJR 63. The chair should have called for a record vote on the second reading and we will back up and have a record vote on HJR 63. Chair recognizes Mr. Pickett.

REPRESENTATIVE JOE PICKETT: Just to make a motion to reconsider the vote by which HJR 63 passed.

REP. JAMES L. KEFFER: Members, you heard the motion. Are there any objections? Chair hears none. Now we are on HJR 63, members. Mr. Phillips, for what purpose?

REPRESENTATIVE JOE PICKETT: I just wanted to explain, members. Some of you looked at me I turned around when the chair I looked up and I knew it was a HJR and knew that we needed a record vote and I asked that the chair, is this a record vote? And I think at that time he was thinking we were on regular bills and he asked for a voice vote, yea or nay. And then the chair asked me is there a request for a record vote? And so we just wanted to clarify that on HJR on second or third reading, it's a record vote. So I would move passage of HJR 63.

REP. JAMES L. KEFFER: Members, you've heard the motion. It is a record vote. Clerk will ring the bell. Mr. Farias show vote aye, Mr. Pickett voting aye. All members voted? All members voted? All members voted? There being 82 ayes, 54 nays motion is granted to third reading. Chair lays out on second reading House Bill 1095. The clerk will read the bill.

CLERK: HB 1095 by Farias. Relating to a requirement of a commitment to serve a certain minimum term before a person may be appointed as a member of a local school health advisory council.

REP. JAMES L. KEFFER: Chair recognizes Mr. Farias.

REPRESENTATIVE JOE FARIAS: Mr. Chair, members. What this bill does it allows a person to commit to one year to serve to serve on the school health advisory counsels in order to fulfill their responsibility to provide meaningful input to school boards and district administrators. Members must be committed to the counsel for at least one year. Mr. Speaker, I believe there are -- I believe there are some -- an amendment.

REP. JAMES L. KEFFER: Is there an amendment? Following amendment. The clerk will read the amendment.

CLERK: Amendment by Dukes.

REP. JAMES L. KEFFER: Chair recognizes Ms. Dukes.

REPRESENTATIVE DAWNNA DUKES: Mr. Speaker, members. This amendment would include local domestic violence programs from unspecified groups from which the board of trustees to the school district is authorized to appoint one or more persons to serve on the board and it is acceptable to the author. I move passage.

REP. JAMES L. KEFFER: Members, Ms. Dukes sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Mr. Weber, I'm sorry.

REPRESENTATIVE RANDY WEBER: I would like the representative a question. I couldn't hear representative Dukes on what her amendment did. Can you get some order and have her restate that.

REP. JAMES L. KEFFER: Members, there's been a request for order. Take your conversations outside the rail, please. Ms. Dukes, I'm sorry, would you repeat your amendment.

REPRESENTATIVE DAWNNA DUKES: The amendment simply states that of the individuals from which a school board would select to be a member of the SHAC that one of those individuals could be from a local domestic violence program.

REPRESENTATIVE RANDY WEBER: You said could as in permissive and not should, as in shall.

REPRESENTATIVE DAWNNA DUKES: I'd be glad to make it shall.

REPRESENTATIVE RANDY WEBER: My question was, what is it representative?

REPRESENTATIVE DAWNNA DUKES: It just adds to one of the nine to make it a tenth one that will be a part of the board.

REPRESENTATIVE RANDY WEBER: Says that it could be.

REPRESENTATIVE DAWNNA DUKES: These are domestic violence. So we can make sure women aren't being beat up.

REPRESENTATIVE RANDY WEBER: I get that. But is the language for one the members shall be or could be.

REPRESENTATIVE DAWNNA DUKES: The amendment that I am reading is No. 10, local domestic violence program.

REPRESENTATIVE RANDY WEBER: And I'm sorry. I have not seen your amendment because I came up to the mike to talk about the bill before it was posted. So I didn't get to hear your amendment. So the language is that it shall be.

REPRESENTATIVE DAWNNA DUKES: The amendment read No. 10 local domestic violence program. That's it, period.

REPRESENTATIVE RANDY WEBER: Okay. All right so my question will be for Representative Farias. Thank you, Donna.

REPRESENTATIVE DAWNNA DUKES: The bill reads may appoint. That's what the present law is, may appoint. If look at line 15, page 1 of the bill, it says may appoint.

REPRESENTATIVE RANDY WEBER: Okay. Thank you. That answers my question. I just couldn't hear you when you first spoke.

REP. JAMES L. KEFFER: Ms. Dukes sends up an amendment. It is acceptable to the author. Are there objections? Chair hears none. Mr. Farias.

REP. ARMANDO MARTINEZ: Mr. Speaker.

REP. JAMES L. KEFFER: Is Mr. Chisum on the floor of the House? Mr. Martinez, for what purpose?

REP. ARMANDO MARTINEZ: Will the gentleman yield for a question?

REP. JAMES L. KEFFER: Mr. Farias, do you yield? He yields.

REP. ARMANDO MARTINEZ: Thank you, Representative Farias. I just have a couple of questions and I really like your bill. Who typically serves on these health advisory councils.

REPRESENTATIVE JOE FARIAS: Who can serve on them?

REP. ARMANDO MARTINEZ: Who typically serves on them?

REPRESENTATIVE JOE FARIAS: There's a list in the bill that this board can pick from and there are seven. Public schoolteachers, public school, administrators, district students, health care professionals, the business community, law enforcement, and senior citizens.

REP. ARMANDO MARTINEZ: And just about every school district in the State has one of these councils; am I correct.

REPRESENTATIVE JOE FARIAS: Yes, they all have SHAC's. It's just that some of them are not active and not doing what they were meant to be performing.

REP. ARMANDO MARTINEZ: Absolutely. And what is the remedy available of a person who commits -- who makes a commitment later or if he breaks that commitment, what would be the remedy?

REPRESENTATIVE JOE FARIAS: You know there's districts in the state that already get their volunteers to commit to two years. They have been very productive in their intent. All we're doing is asking that folks that volunteer for this will commit to one year. Instead of doing two years we're asking one year.

REP. ARMANDO MARTINEZ: Correct. And what you said right there is volunteer. So they volunteer their time for one year just to provide this to the students within that school district.

REPRESENTATIVE JOE FARIAS: Yes. That's what they do.

REP. ARMANDO MARTINEZ: Thank you, representative.

REPRESENTATIVE JOE FARIAS: You are welcome.

REP. JAMES L. KEFFER: Mr. Weber, for what purpose?

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

REP. JAMES L. KEFFER: Do you yield, Mr. Farias?

REPRESENTATIVE JOE FARIAS: I yield, yes, sir.

REP. JAMES L. KEFFER: He yields.

REPRESENTATIVE RANDY WEBER: Thank you representative. As you know I'm on the pub ed committee and the bill came through our committee and I'm tracking the debate and reading the bill and we're going to require that volunteers agree to commit to two years; is that correct?

REPRESENTATIVE JOE FARIAS: Yes.

REPRESENTATIVE RANDY WEBER: Does that not kind of take away some of the impetus of volunteering when we require them.

REPRESENTATIVE JOE FARIAS: Well, it's more of a commitment. We want folks to commit because it's such an important committee we feel in the school districts for the health of our children that if we continue to rotate people through there -- and one year is not a long time to ask people to serve. If you are willing to serve all we're asking is that you commit one year to serve on that committee. So at least you can learn the process and have some input that is constructive to the children.

REPRESENTATIVE RANDY WEBER: Well, I think we're doing more than asking them to commit to serve one year. I think we are requiring them.

REPRESENTATIVE JOE FARIAS: That's true. That's true but if you volunteer to serve on it --

REPRESENTATIVE RANDY WEBER: So, if you volunteer you do it on our terms.

REPRESENTATIVE JOE FARIAS: Well, yes because you can't say I'm going to volunteer and I'm only going be there for a month and the district has to go through the process again to appoint them.

REPRESENTATIVE RANDY WEBER: Well, I understand the need for someone to be committed to that committee as well as a whole lot of others. But I just think at this time where our economy is so bad and we're unable to fund schools to the extent that we did last session that this is a bad time to be giving them a requirement that they have to do. I think this is best left to local control. I just think when you're trying to get volunteers to require them to make them to make that commitment up front it's going to dissuade them otherwise might want to do that. If you made this permissive I think it would be a good bill.

REPRESENTATIVE JOE FARIAS: The only thing is I can't make the connection between how we're causing the district to spend more money in just asking an individual, would you commit for a year. If they say, yes, they're accepted. I can't make that connection.

REPRESENTATIVE RANDY WEBER: Wouldn't you agree it's just another rule that we impose on school districts. The legislature in it's so-called infinite wisdom.

REPRESENTATIVE JOE FARIAS: Well, here's the thing about it, representative. There's a 150 representatives here. We're all sitting here to make rules. If we didn't come here to make rules the we shouldn't be here. We made rule 7,000 were introduced in the last session.

REPRESENTATIVE RANDY WEBER: Well, maybe we should shorten our session, what do you think?

REPRESENTATIVE JOE FARIAS: I wouldn't disagree with that but I would agree that we shorten but we meet every year.

REPRESENTATIVE RANDY WEBER: Well, I just have a real hard time putting another mandate. I understand that you're not connecting the cost -- that there's cost measure involved. But it is telling them how to do their job and I think much of the fashion we need to get out of the business of telling school districts how to do their jobs if they can get good volunteers without this.

REPRESENTATIVE JOE FARIAS: Representative Weber, I guess you served on a school board as I did for over eight years. And I know what it is to have mandates from the State but this bill helps our children stay healthier and people to make recommendations to -- the district does not have the number of people to get out there that are on the payroll to go out and look at issues on how to address that. They actually have somebody looking for them at no cost to the district. So I think the district and our children are actually benefiting from this because there's no cost to them.

REPRESENTATIVE RANDY WEBER: I won't argue.

REPRESENTATIVE JOE FARIAS: As more ideas come forward --

REPRESENTATIVE RANDY WEBER: I won't argue that it would benefit the children to have a committee on health issues. What I argue is mandating the fashion in which it's done. We ought to leave that to local control. And that's pretty much what I have to say. I think the State needs to get out of telling the schools how to run their business. Thank you, representative.

REPRESENTATIVE JOE FARIAS: Thank you.

REP. ARMANDO MARTINEZ: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Martinez, for what purpose?

REP. ARMANDO MARTINEZ: Would the gentleman yield?

REPRESENTATIVE JOE FARIAS: I will yield.

REP. JAMES L. KEFFER: He yields.

REP. ARMANDO MARTINEZ: Mr. Farias, just hearing the debate a little while ago and the dialogue between you and Representative Weber; for example, if you sit on a hospital board that's volunteer usually.

REPRESENTATIVE JOE FARIAS: Yes, it is.

REP. ARMANDO MARTINEZ: Especially down in a nonprofit like the one we have at Knapp Medical Center in Weslaco. You volunteer to sit on that board for three years, correct.

REPRESENTATIVE JOE FARIAS: Yes.

REP. ARMANDO MARTINEZ: Okay. So then all you're doing is saying we're asking parents to volunteer for that year to serve on this committee.

REPRESENTATIVE JOE FARIAS: That's all it's asking.

REP. ARMANDO MARTINEZ: Thank you.

REP. JAMES L. KEFFER: Members, we have an amendment being drafted. Following announcement. The clerk will read the announce.

CLERK: The Committee on Licensing and Administrative Procedures will meet at 4:30 p.m. on May 4th, 2011 at 3W.9. This will be a formal meeting to consider pending business.

REP. JAMES L. KEFFER: Chair recognizes Representative Thompson.

REP. SENFRONIA THOMPSON: Mr. Speaker, members. I want to move for permission to add bills to the local consent and the resolutions calendar. I move to suspend all necessary rules and ask for unanimous consent for bills to be added to the local consent and resolutions calendar for Thursday May the 5th, 2011. Mr. Speaker members I request permission for the Committee on Local and Consent Calendars to meet while the House is in session at 5:30 p.m. today, May the 4th, 2011 to consider an addendum to the local consent and resolutions calendar.

REP. JAMES L. KEFFER: Members, you've heard the motion. Are there any objections? Chair hears none. Chair recognizes Chairman Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker, members. I request permission for the Committee on Natural Resources to meet while the House is in session at 4:30 p.m. May 4th, 2011 in room 1W14 to consider Senate Bill 660 and pending business. Thank you.

REP. JAMES L. KEFFER: Members, you've heard the motion. Are there any objections? Chair hears none. Chair recognizes Chairman Thompson.

REP. SENFRONIA THOMPSON: Mr. Speaker and members, I request permission for the calendar on local and consent to meet while House is in session at 5:30 p.m. today May the 4th, 2011 at Agriculture Museum room 1W14 to consider an addendum to the local consent and resolutions calendar.

REP. JAMES L. KEFFER: Members, you heard the motion. Are there any objections? Chair hears none. Following announcements. The clerk will read the announcements.

CLERK: The Committee on Natural Resources will meet pat 4:30 p.m. on May the 4th, 2011 at 1W.14. This will be a formal meeting to consider SB 606 and pending business. The Committee on Local and Consent Calendar will meet at 5:30 p.m. today May 4, 2011 at the Agriculture Museum 1W.14. This will be a formal meeting to consider an addendum to local and consent and resolutions calendar. .

REP. JAMES L. KEFFER: We're scanning in an amendment, members.

REP. ARMANDO WALLE: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Walle.

REP. ARMANDO WALLE: For the second time would Representative Farias answer a few questions just to?

REP. JAMES L. KEFFER: Mr. Farias.

REPRESENTATIVE JOE FARIAS: I will definitely yield.

REP. JAMES L. KEFFER: He yields.

REP. ARMANDO WALLE: Thank you, Representative Farias, just to reiterate and I don't know if we touched upon this but you're not creating a new board?

REPRESENTATIVE JOE FARIAS: No. Not -- no council they exist as we speak.

REP. ARMANDO WALLE: So, these are already existing organizations?

REPRESENTATIVE JOE FARIAS: Already in school districts and they are already there. We are not creating any new committees. The SHAC's exist as we speak in these school districts.

REP. ARMANDO WALLE: Right. Okay. And then you're not -- this is not -- this is about local control because you want some accountability with members that are volunteering on this board so that they complete a term if they are going to be serving on this board.

REPRESENTATIVE JOE FARIAS: That's all we're asking so that they don't stay one month or two months and then leave. The school districts have to go through the pains of appointing other members to this board.

REP. ARMANDO WALLE: Right. And again, this is not an unfunded mandate.

REPRESENTATIVE JOE FARIAS: It is not an unfunded mandate.

REP. ARMANDO WALLE: Thank you.

REP. JAMES L. KEFFER: The following amendment the. The clerk will read the amendment.

CLERK: Amendment by Chisum.

REP. JAMES L. KEFFER: Chair recognizes Mr. Chisum.

REP. WARREN CHISUM: Mr. Speaker, members, this amendment just says you can't appoint anybody to this board that's affiliated with an organization that performs abortion or referrals of abortion. I believe it's acceptable to author.

REP. JAMES L. KEFFER: Mr. Walle.

REP. ARMANDO WALLE: We couldn't hear that. Could we hear that again.

REP. WARREN CHISUM: Not withstanding, Section D of the board of trustees may not appoint a person employed or affiliated with an entity that provides abortions or refers them to abortions.

REP. ARMANDO WALLE: Okay. Thank you.

REP. WARREN CHISUM: Okay.

REP. JAMES L. KEFFER: Mr. Chisum sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Chair recognizes in Farias.

REPRESENTATIVE JOE FARIAS: Members, I did welcome Representative Chisum's amendment. I think it's a good amendment and I'm glad that it's attached to mine. So I ask that y'all vote yes on this bill. Thank y'all. I move passage.

REP. JAMES L. KEFFER: Mr. Farias.

REP. JESSICA FARRAR: Mr. Speaker.

REP. JAMES L. KEFFER: Ms. Farrar.

REP. JESSICA FARRAR: Will the gentleman yield?

REP. JAMES L. KEFFER: Mr. Farias, will you yields. He yields.

REP. JESSICA FARRAR: I just want a clarification. Yesterday we voted down several amendments that said that people that were lobbyist or people that had conflicts of interest and so on were not eligible to serve on that advisory council. And now can you explain what this amendment did?

REPRESENTATIVE JOE FARIAS: Mr. Chisum's amendment?

REP. JESSICA FARRAR: Yes.

REPRESENTATIVE JOE FARIAS: All it says that members that participate in this program will not will be advocating or instructing on abortion issues they cannot speak on abortions.

REP. JAMES L. KEFFER: Mr. Farias sends up House Bill 1095 to third reading. A record vote has been requested. Clerk will ring the bell. Have all members voted? Have all members voted? There being 54 ayes, 81 nays, the motion fails. Please excuse Mr. Kuempel because of licensing -- Licensing and Administrative Procedures committee meeting by Mr. Guillen. Please excuse Mr. Tracy King for Natural Resource Committee meeting by Mr. Guillen. Any objection chair hears none? Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: Thank you, Mr. Speaker, I move to reconsider the vote on Senate Bill 501.

REP. JAMES L. KEFFER: Members, you heard the motion. Are there any objections? Chair hears none. Chair lays out Senate Bill 501 recognizing -- clerk will read the bill.

CLERK: SB 501 by West. Relating to the establishment of interagency council for addressing disproportionality.

REP. JAMES L. KEFFER: Chair recognizes Ms. Dukes.

REPRESENTATIVE DAWNNA DUKES: Thank you, Mr. Speaker, members. Earlier today Senate Bill 501 was presented relating to the disproportionality of certain groups in the juvenile justice, welfare health, mental health systems and the disproportionality of the delivery of certain services and education. There was some confusion that was communicated concerning this bill and concerning what this bill does. Presently in the Department of State Health Services there is division of an Office of Elimination of Health Disparity. We are dissolving that commission. Within the Department of Family and Protective Services there is the task force on disproportionality that is getting rave reviews from around the country for it's work in improving outcomes on youth in the foster care system. We have dissolving that one and we are merging these two together under an umbrella of an agency that will focus on disproportionality and disparity throughout the health and human services enterprise of DADS, of DARS, of DFPS, of HHSC, of all of the agencies that are effected within Health and Human Services. As well as knowing that when we have mental health care issues that we are not addressing those mental health care issues that many of these youth will end up in the criminal justice system. So we're adding in a component for the governor to be able to put an individual from his criminal justice system division on a task force to help us address those concerns. And because we also know that in the criminal justice system that right now that you can look at a third grade population and determine based on the demographics within that class what kids will end up in the criminal justice system and how many kids and how many beds are going to need to be built. So by looking across agencies, across programs to develop across outcomes in education, criminal justice, health and human services, foster care then we are able to determine better outcomes. This is not a new agencies. It is not a new program. As well there was confusion on what this bill did to private schools. It did nothing but look at the better programs that might exist to apply them. Because there's so much confusion on private schools and what it does we don't want to way down the concept. So Representative Hancock is going to offer an amendment to completely remove private schools from this bill.

REPRESENTATIVE RANDY WEBER: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Will the gentle lady yield?

REP. JAMES L. KEFFER: Do you yield?

REPRESENTATIVE DAWNNA DUKES: I yield.

REP. JAMES L. KEFFER: She yields.

REPRESENTATIVE RANDY WEBER: Thank you, Representative Dukes. Did I hear you say that this combines some agencies.

REPRESENTATIVE DAWNNA DUKES: Yes. It consolidates.

REPRESENTATIVE RANDY WEBER: It consolidates.

REPRESENTATIVE DAWNNA DUKES: There is no new agency that is created.

REPRESENTATIVE RANDY WEBER: And would you tell us those agencies again, please?

REPRESENTATIVE DAWNNA DUKES: I'm creating efficiency through merging the roles and responsibilities of the Office of Elimination of Health Disparities and the task force that are dealing with disproportionality that are from DISH and DFPS.

REPRESENTATIVE RANDY WEBER: Okay. That's what it does but the agencies that it consolidated.

REPRESENTATIVE DAWNNA DUKES: They are not agencies and it's not creating a new agency. It's just creating a division within Health and Human Services. There's no agency created anywhere.

REPRESENTATIVE RANDY WEBER: So, you're simply taking the actions of several -- more than one agency and putting them under one umbrella, if you will, under one group, is that what you're saying?

REPRESENTATIVE DAWNNA DUKES: Department within the Health and Human Services enterprise which means Health and Human Services has the five agencies.

REPRESENTATIVE RANDY WEBER: Okay. Well, I misunderstood that the first time. So I intend to vote yes this time.

REPRESENTATIVE DAWNNA DUKES: Thank you.

REPRESENTATIVE RANDY WEBER: You bet.

REP. JAMES L. KEFFER: Following amendment. The clerk will read the amendment.

CLERK: Amendment by Hancock.

REP. JAMES L. KEFFER: Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: This amendment simply strikes private entities out of this bill. I appreciate Representative Dukes coming and working with us on this to address this concern. It is acceptable to the author.

REP. JAMES L. KEFFER: Mr. Hancock sends up an amendment. It is acceptable to the author. Are there any objections? Chair hears none. Ms. Dukes sends up a motion to pass Senate Bill 501. Is there any objection? Record vote is requested. Clerk will ring the bell. Mr. Hancock voting aye, Mr. Kuempel voting aye, Mr. Farias voting aye. All members -- all members voted? Mr. Eiland voting aye. All members voted? There being 115 ayes, 23 nays, motion carries. 501 is finally passed. Please excuse Representative Guitierrez because of committee -- oh you're here never mind. Chair recognizes Mr. Lozano for a motion.

REPRESENTATIVE JOSE MANUEL LOZANO: Thank you, members. I just wanted to introduce a special guest here today visiting from Kingsville. As many of you know the King Ranch -- historic King Ranch is in my district. And they are known for the Kinenos which are known as -- referred to as the king's people because they came to help Captain King when he came to set up the King ranch. And today we have fourth generation Kineno here with us who is now controller of ranch operations, Daniel Morales. If you would, please, stand. And I ask y'all to, please, join me in welcoming him to our Capitol. Thank you members.

REP. JAMES L. KEFFER: Chair lays out as a matter of postponed business House Bill 654. Clerk will read the bill.

CLERK: HB 654 by Solomons. Relating to reports regarding the municipality or county of origin tax revenue collected by the comptroller.

REP. JAMES L. KEFFER: Chair recognizes Mr. Solomons.

REPRESENTATIVE BURT R. SOLOMONS: Thank you, Mr. Speaker, members. This is the bill we were hearing a few minutes ago. Ms. Farrar and I had a conversation about. She had an amendment dealing with -- her amendment dealt with unfunded mandate issue. And this bill is a reporting issue. So it's my understanding that Ms. Farrar withdrawn her amendment and therefore I just move passage at this point.

REP. JAMES L. KEFFER: Mr. Solomons moves House Bill 654 to third reading. Are there any objections. All in favor say aye, all opposed no. House Bill 654 passes to third reading. Chair recognizes Chairman Geren for a very important announcement.

REP. CHARLIE GEREN: Members, Billi Hopson is out of surgery and she's doing well.

REP. JAMES L. KEFFER: Chair recognizes Mr. Coleman to reconsider a motion.

REPRESENTATIVE GARNET F. COLEMAN: Thank you, Mr. Speaker, members. I move to recall the motion to postpone SB 894 to Friday at 5:00 p.m. so that we can pass this bill out today.

REP. JAMES L. KEFFER: Members, you've heard the motion. Are there any objections? Chair hears none. Chair lays out as a matter of postponed business Senate Bill 894.

CLERK: SB 894 by Duncan. Relating to the employment of physicians by certain hospitals.

REP. JAMES L. KEFFER: Chair recognizes Mr. Coleman.

REPRESENTATIVE GARNET F. COLEMAN: Thank you, Mr. Speaker. Members, this is a bill that was layed out yesterday that deals with counties under 50,000 critical access hospitals. In those places that provide essential care in rural Texas and this is a bill with Senator Duncan and I. And I move passage or --

REP. JAMES L. KEFFER: Chair recognizes -- chair recognizes Dr. Shelton.

REPRESENTATIVE MARK SHELTON: Thank you, chairman. I just want to thank Chairman Coleman for working on this bill. I think it is critical that this bill pass for our rural Texas and high critical access areas. Thank you.

REP. JAMES L. KEFFER: Chair recognizes Mr. Coleman.

REPRESENTATIVE GARNET F. COLEMAN: On behalf of Chairman Hardcastle and all the rural members of the House of Representatives, I move passage.

REP. JAMES L. KEFFER: Mr. Castro -- Mr. Coleman sends up Senate Bill 894 for final passage. Clerk will ring the bell. Showing Mr. Coleman voting aye, Mr. West voting aye. Have all voted? All members voted? All members voted? There being 142 ayes, no nays, passes to engrossment. Chair lays out a matter of postponed business House Bill 1135. The clerk will read the bill.

CLERK: HB 1135 by Aycock. Relating to requiring an election authority to provide notice to serving county chairs regarding certain election activity.

REP. JAMES L. KEFFER: Chair recognizes Mr. Aycock.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, Mr. Speaker and members. This bill prohibits a candidate from amending an application for a place on the ballot or a petition in lieu of filing fee and prohibits the authority from accepting those amendments after the filing date. I move passage.

REPRESENTATIVE MARC VEASEY: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Veasey, for with a purpose?

REPRESENTATIVE MARC VEASEY: I was wondering would the gentleman yield for a couple of questions because this is for filing and I didn't know if the members were --

REPRESENTATIVE JIMMIE DON AYCOCK: I'd be happy to.

REPRESENTATIVE MARC VEASEY: -- paying attention. Can you just briefly just state what you stated again since this deals with the filing period.

REPRESENTATIVE JIMMIE DON AYCOCK: Yes. Let me tell you what the bill is about that might be the simplest way to answer your question. There was a situation that arose in which there was an application by signature and that those signatures were not done properly and didn't have the right number. A court intervened and said we would give them more time. It was ambiguous as to whether they should have that additional time. The person was granted additional time to amend their application after the deadline. And this simply says, that the deadline is the deadline is the deadline. That's all it intends to do. So that you can't amend an application either by filing fee or by signatures after the deadline.

REPRESENTATIVE MARC VEASEY: Do you know if the Texas Democratic Party is in support of the bill?

REPRESENTATIVE JIMMIE DON AYCOCK: Yes. Witness who testified for the Democratic Party was Anthony Gutierrez.

REPRESENTATIVE MARC VEASEY: And the Republican State Party has been --

REPRESENTATIVE JIMMIE DON AYCOCK: Skipper Wallace for the Republicans. Agreed to language by both parties.

REPRESENTATIVE MARC VEASEY: Okay. Thank good bill.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you.

REP. JAMES L. KEFFER: Ms. Farrar, for what purpose?

REP. JESSICA FARRAR: Would the gentleman yield?

REPRESENTATIVE JIMMIE DON AYCOCK: I'd be glad to.

REP. JAMES L. KEFFER: He yields.

REP. JESSICA FARRAR: Mr. Aycock, I'm glad you mentioned that example earlier because I was trying to imagine a situation where this bill would be needed. Your bill addresses both type of applications. The petition part which is the problem that you had and then the other which is just you pay the fee fill out the form and you sign it.

REPRESENTATIVE JIMMIE DON AYCOCK: I'm aware of situations in which the fee application has been amended. I have heard rumors to that effect but have not gotten personal knowledge of that. But we included that to make sure that the deadline was in fact the deadline on either situation.

REP. JESSICA FARRAR: Okay. I was just curious as to why you included that one as well because I know as we fill out those forms -- I assumed there was no extension of the deadline and if you forgot to put -- or you changed your mind about how you wanted your name on the ballot, if you wanted your middle initial or your middle name and so on, if you made that -- you decided later that you wanted to make that change, I always assumed January 2nd it's over, you can't do it. And so your bill would keep that the same in the that scenario, correct?

REPRESENTATIVE JIMMIE DON AYCOCK: The intent of this bill would be to make sure that the deadline comes and allows absolutely no amendments after that. It wouldn't allow any name changes or anything if this passes.

REP. JESSICA FARRAR: As I was thinking about this bill I was trying to imagine situations where in the form that we're talking about where there would be an instance where you would have to change. I can't think of any. Can you think of any?

REPRESENTATIVE JIMMIE DON AYCOCK: If I could I would have been more specific with the bill. But no, I did not. The intent is that deadline is firm.

REP. JESSICA FARRAR: Sure. I just wanted to make sure that there weren't any unintended consequences. Thank you.

REPRESENTATIVE JIMMIE DON AYCOCK: Thank you. Move passage. Mr. Aycock sends up House Bill 1135 to third reading. All in favor say aye, all opposed. Ayes have it. House Bill 1135 passes to third reading. Chair lays out House Bill 1161. Clerk will read the bill.

CLERK: HB 1161 by Bonnen. Relating to granting limited state law enforcement authority to certain federal officers and agents.

REP. JAMES L. KEFFER: Chair recognizes Mr. Bonnen.

REP. DENNIS BONNEN: Mr. Speaker, members. This is House Bill 1161 it grants limited law enforcement authority to certain federal agents of the U.S. Fish and Wildlife Service and the U.S. Customs Border Patrol. The way this bill began was with some local constituents came to me and explained the situation where U.S. Fish and wildlife agents do not have the ability to act as law enforcement officers on Federal land in the State of Texas. So we are providing them that privilege and opportunity. They felt very uncomfortable being --

REP. PETE P. GALLEGO: Mr. Speaker.

REP. JAMES L. KEFFER: Mr. Gallego, for what purpose?

REP. PETE P. GALLEGO: Would the gentleman yield for a question?

REP. JAMES L. KEFFER: Do you yield, Mr. Bonnen?

REP. DENNIS BONNEN: I'd be honored.

REP. JAMES L. KEFFER: He'd be honored.

REP. PETE P. GALLEGO: Mr. Bonnen, isn't there a National Park in far west Texas? Are you aware that the Federal government has refused the states ability to serve warrants or to have concurrent jurisdiction with state officers on Federal land.

REP. DENNIS BONNEN: Not aware of that. Not saying it's wrong but not aware of it.

REP. PETE P. GALLEGO: So, the Federal government wants jurisdiction wants to be state peace officers but on the other hand in the national park as an example they refuse to even let Federal -- or state law enforcement to serve warrants or assist in those kinds of things. Are you aware of that?

REP. DENNIS BONNEN: I'm not aware of it but it doesn't surprise me that the Federal government frequently is not very respectful of the State of Texas or other states.

REP. PETE P. GALLEGO: Let me ask you, your bill as it stands now and the caption has changed it would be granting limited state law enforcement authority to certain Federal officers and agents; is that correct?

REP. DENNIS BONNEN: That is absolutely, correct.

REP. PETE P. GALLEGO: And it was referred to Culture Recreation and Tourism; is that correct?

REP. DENNIS BONNEN: And outstanding committee.

REP. PETE P. GALLEGO: And Culture, Recreation and Tourism has -- border patrol is now in your bill; is that correct? And customs?

REP. DENNIS BONNEN: Border patrol has ended up in the bill due to a committee substitute that was put in, in the committee process.

REP. PETE P. GALLEGO: Well, let me read you the jurisdiction about the Culture, Recreation and Tourism. The creation, operation and control of state parks including development, maintenance, and operation of state parks. Does border patrol or customs fit any where within that jurisdiction?

REP. DENNIS BONNEN: Well, in all fairness it doesn't in a strict consideration of that but, Representative Gallego, real quick. As the is bill came to that committee that language wasn't in the bill.

REP. PETE P. GALLEGO: And so, does the substitute have to do with the regulation and control of the propagation and preservation of fish and wildlife. Is that customs and border protection, do they have jurisdiction over Fish and Wildlife in this state.

REP. DENNIS BONNEN: Not that I'm ware of.

REP. PETE P. GALLEGO: Do the border patrol or the customs agents, do they have any jurisdiction over development and regulation of the fish and oyster industries of this state?

REP. DENNIS BONNEN: Only in the most dire of circumstances.

REP. PETE P. GALLEGO: Do they have any jurisdiction over the hunting and fishing and the regulation and control thereof, in this state?

REP. DENNIS BONNEN: Not directly.

REP. PETE P. GALLEGO: Do they have any jurisdiction over cultural resources and their promotion or regulations.

REP. DENNIS BONNEN: Probably not in a traditional sense.

REP. PETE P. GALLEGO: Do they have any jurisdiction over historical resources and their promotion, development, and regulation?

REP. DENNIS BONNEN: On historical -- on historical resources.

REP. PETE P. GALLEGO: Right.

REP. DENNIS BONNEN: And you're still referring to border patrol?

REP. PETE P. GALLEGO: And customs.

REP. DENNIS BONNEN: No, I don't think they do.

REP. PETE P. GALLEGO: Well, do they have any authority to develop and promote Texas image and heritage.

REP. DENNIS BONNEN: Certainly. They have the responsibility to make sure that the image of our state and the people they serve is positive and that they do it with dignity and pride.

REP. PETE P. GALLEGO: Well, do they have any responsibility for international and interstate tourist promotion and development.

REP. DENNIS BONNEN: Maybe.

REP. PETE P. GALLEGO: Mr. Speaker, I raise a point of order against further consideration of this bill --

REP. CHARLIE GEREN: Bring your point of order forward.

REP. DENNIS BONNEN: Overruled.

REP. CHARLIE GEREN: Point of order is sustained. Chair lays out on second reading House Bill 1226. Clerk will read the bill.

CLERK: HB 1226 by Dutton. Relating to the eligibility of certain persons who have received deferred adjudication to vote.

REP. CHARLIE GEREN: Chair recognizes Mr. Dutton.

REP. HAROLD V. DUTTON JR.: Thank you, Mr. Speaker, members. This is a bill members that came to me because one of the precinct judges was concerned as to whether or not under deferred adjudication a person has the right to vote. I think that is what the law is but she asked me to do this and so I'm doing it. And I'd be happy to answer any questions.

REPRESENTATIVE LON BURNAM: Thank you, Mr. Speaker. Would the gentleman yield?

REP. HAROLD V. DUTTON JR.: Yes.

REP. CHARLIE GEREN: Burnam, I'll recognize you today. Chairman Dutton yields.

REPRESENTATIVE LON BURNAM: Chairman Dutton, under what type of circumstances can one loose ones right to vote on the basis of a criminal conviction?

REP. HAROLD V. DUTTON JR.: Well, if you have a felony conviction, a final conviction for a felony and you automatically loose your right to vote during the time period in which you are serving that conviction.

REPRESENTATIVE LON BURNAM: Right. But that does not apply to a deferred adjudication does it?

REP. HAROLD V. DUTTON JR.: No. Deferred adjudication -- there are two forms of probation in this state. Deferred adjudication was put in the law back in 1975 in Senate Bill 382, where the legislature at that time crafted deferred adjudication as community supervision which allows the defendant not to have a conviction on their record. So there's no conviction on deferred adjudication. Where is on strait probation there is a conviction.

REPRESENTATIVE LON BURNAM: So, deferred adjudication is not for available for offenders who committed first or second degree felonies.

REP. HAROLD V. DUTTON JR.: No. There's a whole list of it. In fact if you would like I have an article by John Bradley which kind of talks about deferred adjudication. Which highlights all of the things that you cannot do. And all of the offenses that it applies to.

REPRESENTATIVE LON BURNAM: Does not apply to sexual assault, fraud, or bribery?

REP. HAROLD V. DUTTON JR.: No, it does not.

REPRESENTATIVE LON BURNAM: Thank you. I think it's a good bill.

REP. HAROLD V. DUTTON JR.: Thank you. Mr. Speaker, I move passage.

REP. CHARLIE GEREN: Is there anyone wishing to speaker for or against House Bill 1226. All in favor say aye, all opposed nay. Record vote has been requested. Record vote is granted. Clerk will ring the bell. Have all members voted? All members voted? There being 75 ayes, 64 nays, two present not voting the bill passes. Madam doorkeeper.

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

REP. CHARLIE GEREN: Admit the messenger.

SENATE MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following actions. The Senate has passed the following measures HB 1674 --

REP. CHARLIE GEREN: Chair lays out on second reading House Bill 1276. Clerk will read the bill.

CLERK: HB 1276 by Guillen. Relating to state actions necessary to maximize federal funding for certain transportation projects and activities in this state.

REP. CHARLIE GEREN: Chair recognizes Mr. Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. House Bill 1276 seeks to improve --

REP. ARMANDO MARTINEZ: Mr. Speaker.

REP. CHARLIE GEREN: Mr. Martinez, for what purpose?

REP. ARMANDO MARTINEZ: Will the gentleman yield?

REP. CHARLIE GEREN: Would you yield, Mr. Guillen?

REPRESENTATIVE RYAN GUILLEN: Yes.

REP. ARMANDO MARTINEZ: Mr. Guillen, could you real quickly -- it's my understanding that the bill merely asks TXDOT to consider how to maximize the draw down of Federal dollars; is that correct?

REPRESENTATIVE RYAN GUILLEN: Right.

REP. ARMANDO MARTINEZ: Okay. So -- and it does not by terms give preference to any project or class of projects over any other, correct?

REPRESENTATIVE RYAN GUILLEN: Most certainly not. No.

REP. ARMANDO MARTINEZ: Okay. So -- and it's a good bill. I like the bill. And does it include any specific mention of Federal dollars for rail, for any type of rail projects.

REPRESENTATIVE RYAN GUILLEN: Well, this was a -- the bill came from a LBB recommendation and --

REP. ARMANDO MARTINEZ: And if it doesn't would you accept an amendment for rail projects?

REPRESENTATIVE RYAN GUILLEN: Yes. You know what? Now that I think about it I think we removed that part of the recommendation from our bill because I think you filed a bill to deal with that. So I just left it out and let you do it. But we would be fine in adding it in.

REP. ARMANDO MARTINEZ: Thank you, Mr. Guillen.

REPRESENTATIVE RYAN GUILLEN: Members, House Bill 1276 seeks to improve state transportation planning process in order to increase Texas' eligibility to additional Federal funding opportunities. The bill will bring us up to date and make Texas more able to compete for Federal transportation funds. Implementing the recommendation of the Legislative Budget Board it amends the Transportation Code to require that TXDOT to include in the state transportation improvement program a provision to maximize future federal funding opportunities for all modes of transportation. And the bill seeks to align Texas law with Federal requirements to obtain grants for the uniform hazardous materials transportation program and requires the Department of Motor Vehicle to participate in this program. And we are --

REP. CHARLIE GEREN: Members, we are waiting on an amendment to be scanned. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Martinez.

REP. CHARLIE GEREN: Chair recognizes Mr. Martinez.

REP. ARMANDO MARTINEZ: Thank you, Mr. Speaker, members. All this does is just includes the rail projects, passenger rail to the maximizing of funds that TXDOT's going to utilize. And I believe it's acceptable to the author.

REP. CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Mr. Guillen.

REPRESENTATIVE RYAN GUILLEN: Members, the amendment that was just added on is recommendation 6 of the GEER recommendations from the LBB and I move passage.

REP. CHARLIE GEREN: Question occurs on House Bill 1276. It's a record vote has been requested to pass it to third reading. Record vote has been requested. Record vote is granted. Clerk will ring the bell. Have all members voted? Have all members voted? Showing Mr. Anchia voting aye. Have all members voted? There being 50 ayes, 91 nays, House Bill 1276 fails to pass. Chair lays out House Bill 1354. Clerk will read the bill.

CLERK: HB 1354 by Sarah Davis of Harris. Relating to liability of certain certified municipal inspectors for services rendered during an emergency or disaster.

REP. CHARLIE GEREN: Chair recognizes Ms. Davis.

REPRESENTATIVE SARAH DAVIS: Thank you Mr. Speaker and members. House Bill 1354 addresses the need for highly trained municipal inspectors who conduct structural damage surveys following hurricanes, tornadoes, floods and other disasters around the State of Texas. After Hurricane Ike city administrators including cities in my district expressed concerns that potential liability -- that they maybe exposed to potential liability if they allow their municipality to help each other in assessing the damages to buildings. Like we already do with engineers and architects House Bill 1354 would simply extend the Good Samaritan protections to qualified municipal inspectors who have volunteered for by disaster response services at no charge and without expectation of being paid during a state declared emergency or disaster and when requested to perform a disaster assessment by a public official. Nothing in this bill waives liability for gross negligence or for malice and I move passage.

REP. JESSICA FARRAR: Mr. Speaker.

REP. CHARLIE GEREN: Ms. Farrar, for what purpose?

REP. JESSICA FARRAR: Would the gentle lady yield?

REP. CHARLIE GEREN: Would you yield Ms. Davis?

REPRESENTATIVE SARAH DAVIS: I do.

REP. CHARLIE GEREN: She will.

REP. JESSICA FARRAR: Ms. Davis, the purpose of your bill is basically to encourage more municipal inspectors to volunteer during disaster times, correct?

REPRESENTATIVE SARAH DAVIS: Yes. It still allows for at risk sister cities to be able to assist each other in my district. I have city of Houston, West University Place, Bellaire and Southside Place and they're all very close and so it would be very convenient for instance to have a building inspector from West U assist Bellaire and vice versa as needed.

REP. JESSICA FARRAR: Right. And I understand what you're talking about. This is for districts that are right next to each other, correct?

REPRESENTATIVE SARAH DAVIS: That's correct. They can --

REP. JESSICA FARRAR: And this bill covers only acts performed in the course of scope of ones duties while volunteering, correct?

REPRESENTATIVE SARAH DAVIS: That is correct.

REP. JESSICA FARRAR: And even then you did say willful and malicious acts are not covered by this bill. Am I clear?

REPRESENTATIVE SARAH DAVIS: That's correct. It does not wave liability for gross negligence or malice.

REP. JESSICA FARRAR: Okay. So even in the most gregarious circumstances an injured person would still have recourse to the court but a simple mistake in the volunteer's line of duty would not be covered.

REPRESENTATIVE SARAH DAVIS: Yes. I think that's a fair way to --

REP. JESSICA FARRAR: Okay. Now I have a bill that was just heard and voted out that would extend that same liability to social workers to encourage more social workers to volunteer during disaster times. Social workers -- I've hired them actually on my legislative staff because they seem to know where every nugget, every stone to turn over to help people. They have extensive networks and they're really great in terms of really helping people in natural disaster times but other difficult situations in their life but simple matters of how to navigate through government. So I was curious if you would accept an amendment to extend immunity to those social workers in your bill?

REPRESENTATIVE SARAH DAVIS: I certainly respect and appreciate what you're trying to accomplish but at this time I really want to keep this bill very clean and narrow. So I'm not going accept any amendments.

REP. JESSICA FARRAR: I appreciate that. Thank you for your consideration.

REPRESENTATIVE SARAH DAVIS: Thank you. I move passage.

REP. CHARLIE GEREN: The question occurs on passage to third reading of House Bill 1354. All in favor say aye, opposed nay. House Bill 1354 passes to third reading. Chair lays out House Bill 1456. Clerk will read the bill.

CLERK: HB 1456 by Orr. Relating to the waiver and release of a mechanic's, contractor's, or materialman's lien or payment bond claim and to the creation of a mechanic's, contractor's, or materialman's lien for certain landscaping.

REP. CHARLIE GEREN: Chair recognizes Mr. Orr.

REPRESENTATIVE ROB ORR: Mr. Speaker, members. There is currently only vague language in statute that needs for mechanic lean releases. And I worked with all the stakeholders to create a Statute Waiver forms both conditional and unconditional that would be used during the payment process of construction in Texas. By having a standardized form delays of payments and battles over whose forms are going to be used will be avoided. And I also have a certifying amendment but I would be glad to yield.

REPRESENTATIVE LON BURNAM: Mr. Speaker.

REP. CHARLIE GEREN: Mr. Burnam, for what purpose?

REPRESENTATIVE LON BURNAM: Could we have the questions before the certified amendment and then we'll have questions about the clarifying amendment. Or would like to explain the clarifying amendment first?

REP. CHARLIE GEREN: Mr. Orr, do you yield now or do you rather wait to later?

REPRESENTATIVE ROB ORR: I yield now.

REPRESENTATIVE LON BURNAM: What sorts of disputes arise regarding the terms of a lien waiver release.

REPRESENTATIVE ROB ORR: Say that again.

REPRESENTATIVE LON BURNAM: What sorts of disputes arise regarding the terms of a lien waiver for release.

REPRESENTATIVE ROB ORR: What arises? Why do we need to do this.

REPRESENTATIVE LON BURNAM: Yeah.

REPRESENTATIVE ROB ORR: Well, there's several reasons. There seems to be a lot of disputes when someone goes to get paid. Lien waivers all of a sudden have all these additional type of information indemnities when people need to get paid. And so, I think having some standardized forms just gives a way so that the subcontractor can get paid.

REPRESENTATIVE LON BURNAM: Just by creating the standardized forms would help eliminate the disputes because people know what they're talking about in the first place?

REPRESENTATIVE ROB ORR: Yes, sir. That's exactly, correct.

REPRESENTATIVE LON BURNAM: Thank you. If there's not any dispute over the waiver or release why should it be uninforceable just because it doesn't follow a particular format.

REPRESENTATIVE ROB ORR: Well, there's not a dispute. The reality is if you have standardized forms -- it should be about lien waivers it shouldn't be about anything else. And the fact that when you hire a contractor -- a contractor hires a sub if they are going to have employee agreement up front they need to spell out those agreements up front. This is about getting paid and by the lien waiver. And so it may not -- there may not be a dispute but this is something that is to get some standardization. Let me give you another example. From the owner's standpoint. I own some buildings and you have three or four subcontractors that do work for you. You want a lien waiver. We don't have any dispute, we want to pay them but all of a sudden I have four or five different lien waivers and I'm having to go hire an attorney to figure out which lien waiver because they are all different.

REPRESENTATIVE LON BURNAM: Which one is which? Yeah. I understand why the realtors testified for this. But why did the apartment association testify against this bill?

REPRESENTATIVE ROB ORR: I'm not really sure. They didn't really testify. They put in a card against it. But we worked with the other -- with the builders associations and the amendment addresses some of those issues. And so we have come with an amendment to try to clarify -- and so everybody has worked out all their differences and I feel like we have a great amendment and a great bill.

REPRESENTATIVE LON BURNAM: So, basically it's agreed legislation between most of the parties that are directly involved. And for whatever reason the apartment association filled out a card out saying they were against it.

REPRESENTATIVE ROB ORR: That's correct. They never came and discussed or came in and had their opinion.

REPRESENTATIVE LON BURNAM: Okay. So let's hear your amendment so we can see if we have any other questions.

REP. CHARLIE GEREN: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Orr.

REP. CHARLIE GEREN: Chair recognizes Mr. Orr.

REPRESENTATIVE ROB ORR: Mr. Speaker, members, thank you. This amendment just makes a few wording changes and clarifies the process for waivers in residential construction. It is a result of the negotiation between the various entities in the industry and it is acceptable to the author.

REP. CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Amendment is adopted.

REPRESENTATIVE ROB ORR: Move passage.

REPRESENTATIVE PAUL WORKMAN: Will the gentleman yield?

REP. CHARLIE GEREN: Will you yield, Mr. Orr?

REPRESENTATIVE ROB ORR: Yes.

REPRESENTATIVE PAUL WORKMAN: Rob, I just wanted to come up and verify. Someone who deals with lien waivers everyday I am happy to have consistent language from one project to the next, from one owner to the next, from one subcontractor to the next. So I applaud the bill and I support it.

REPRESENTATIVE ROB ORR: Very good. Thank you very much.

REP. CHARLIE GEREN: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Harper-Brown.

REP. CHARLIE GEREN: Chair recognizes Ms. Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker, members. This amendment just adds contractor or subcontractor, only those two words just to ensure that it does covers contractors and subcontractors and I believe it's acceptable to the author.

REP. CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Orr.

REPRESENTATIVE ROB ORR: Move passage.

REP. CHARLIE GEREN: Members, the question occurs on passage to third reading of House Bill 1456. All those in favor say aye, opposed nay. House bill 1456 passes to third reading. The chair lays out House Bill 1477. The clerk will read the bill.

CLERK: HB 1477 by Allen. Relating to awarding credit to certain inmates for time between release on and revocation of parole, mandatory supervision, or conditional pardon.

REP. CHARLIE GEREN: Chair recognizes Ms. Allen.

REPRESENTATIVE ALMA A. ALLEN: Thank you, Mr. Speaker. Under current law individuals that have their paroles revoked can end up serving a longer sentence that they were given. Under this bill they are only serving the amount of time for which they were sentenced. If they are eligible for good time, technically the time you serve on parole is time served on your sentence. Five years is five years whether you serve it behind bars or on parole. This bill provides credit for individuals who have their paroles revoked for an administrative and I underscore administrative minor violations only. They can only be given credit for time that they served successfully and they cannot have committed a new offense and they have to serve several or at least one year on successful parole. An example of an administrative violation would be, late for parole appoints, familiar to pay your fees. But they cannot get credit for time if they have committed a new violation.

REP. CHARLIE GEREN: Mr. Aliseda, for what purpose?

REPRESENTATIVE JOSE ALISEDA: Will the gentle lady yield for a question?

REP. CHARLIE GEREN: Will you yield Ms. Allen.

REPRESENTATIVE ALMA A. ALLEN: Yes, sir.

REP. CHARLIE GEREN: She yields.

REPRESENTATIVE JOSE ALISEDA: Ms. Allen, I served five and a half years on the Board of Pardon and Parole. You understand that's not a normal board position. It's actually a full-time position appointed by the governor to makes decisions on parole issues.

REPRESENTATIVE ALMA A. ALLEN: Yes, sir.

REPRESENTATIVE JOSE ALISEDA: And I'm concerned that what your bill does is take away discretion from the Board of Pardon and Parole on issues of whether the individual could be a dangerous individual or not a dangerous individual. Let me give you an example.

REPRESENTATIVE ALMA A. ALLEN: No. It does not take any power from the parole board.

REPRESENTATIVE JOSE ALISEDA: Let me give you an example. I often dealt with people that were career offenders when I was making parole decisions. Let's say you have an individual that had been convicted maybe not once, maybe twice, maybe three times for rape and they had served their sentence. Now they're back again for yet another offense such as for child pornography. Your bill would allow that individual after having been out on parole for a year to get credit for whatever time he's out on that parole as long as he didn't commit anything other than administrative violation; is that correct?

REPRESENTATIVE ALMA A. ALLEN: Right. Not a new crime.

REPRESENTATIVE JOSE ALISEDA: But it's not taking into consideration the dangerousness of that individual; is that correct?

REPRESENTATIVE ALMA A. ALLEN: But that person has been in prison -- example, if they had 20 years in prison they served ten, they come up for parole, they're allowed to be paroled and they stay out. Say they stay out three years and have done nothing but come up on -- and I want to hasten to say a technical only, not a new crime, a technical violation, i.e. I missed my parole appointment and they go back to prison.

REPRESENTATIVE JOSE ALISEDA: I absconded.

REPRESENTATIVE ALMA A. ALLEN: I'm sorry.

REPRESENTATIVE JOSE ALISEDA: I've absconded from parole. I've been gone three or four years after I've been released from parole.

REPRESENTATIVE ALMA A. ALLEN: They go back to prison.

REPRESENTATIVE JOSE ALISEDA: Well, they go back to prison but how much time to they get?

REPRESENTATIVE ALMA A. ALLEN: After they have served a year they can get credit for the time they were out that was good, good time, before they absconded.

REPRESENTATIVE JOSE ALISEDA: Well, I want the members to be aware that your bill would allow individuals that have served more than one year to get credit for that time while they're out on parole for individuals that have committed the crime of human trafficking, negligent homicide, kidnapping, endangering a child, burglary of a habitation, gang crimes, child pornography, stalking, retaliation intoxication assault, escape and tampering with a witness. What concerns me is one of the things -- yes, we deal with education here. Yes, we deal with other issues but one of the primary duties of government is to protect its citizens. And you know I served on the Board of Pardon and Parole. I served as chair judge. I will tell you a judge has complete discretion on a probation revocation to make the decision that they're either going to make that individual serve the entire sentence on a revocation or part of that sentence. I don't know why parole should be any different and I think your bill is not really in the publics interest.

REPRESENTATIVE ALMA A. ALLEN: If you have an amendment you would like to add.

REPRESENTATIVE JOSE ALISEDA: I don't know how we could fix this. I think any kind of bill that takes discretion from people actually making decisions -- we've been in this situation before. The last time this legislature tried to fix something like this we got into a situation we let out some guy by the name of Kenneth McDuff and he ended up --

REP. CHARLIE GEREN: Representative Sheffield raises a point of order that the gentle lady's time has expired. The point of order is well taken and sustained.

REPRESENTATIVE RANDY WEBER: Mr. Speaker.

REP. CHARLIE GEREN: Mr. Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: I move that we extend the gentle lady's time, please.

REP. CHARLIE GEREN: This is the first request for extension. Extension is granted.

REPRESENTATIVE RANDY WEBER: Thank you. Representative, Allen let me understand. So you're calling them technical violations.

REPRESENTATIVE ALMA A. ALLEN: Yes.

REPRESENTATIVE RANDY WEBER: If a parolee is out and misses an appointment just completely -- completely misses the appointment to meet with his parole officer, Wednesday at 3:00 o'clock, doesn't show, doesn't call. Under your bill what happens when that technical violation happens.

REPRESENTATIVE ALMA A. ALLEN: When he is caught and he is sent back to the penal institution he goes to court and he has to serve at least a year before he goes before the parole board again.

REPRESENTATIVE RANDY WEBER: Okay. So how long -- if he's out for a year before they catch him -- him or her or two years.

REPRESENTATIVE ALMA A. ALLEN: Keep in mind, absconding, when you go away for say two or three years that is not a technical violation. That is not a technical violation. What you described a minute ago is a technical violation. You did not show up for your parole meeting. That's a technical violation and you say caught him at 3:00 o'clock, that's a technical violation. But someone who stays out two or three years that is not a technical violation.

REPRESENTATIVE RANDY WEBER: Thank you.

REP. DEBBIE RIDDLE: Mr. Speaker, would the gentle lady yield?

REPRESENTATIVE ALMA A. ALLEN: Yes, I will.

REP. DEBBIE RIDDLE: Thank you. Are you aware that they have this same type of law in New Jersey.

REPRESENTATIVE ALMA A. ALLEN: I'm sorry.

REP. DEBBIE RIDDLE: Are you aware that they have this same type of law in New Jersey.

REPRESENTATIVE ALMA A. ALLEN: No. But I'm proud of them.

REP. DEBBIE RIDDLE: Would you be surprised to know that it has not worked well in New Jersey and Governor Chris of New Jersey is trying to get this removed.

REPRESENTATIVE ALMA A. ALLEN: No, I was not aware of that.

REP. DEBBIE RIDDLE: Okay. Thank you.

REP. STEFANI CARTER: Will the gentle lade yield, please.

JOE STRAUS: Ms. Allen, do you yield?

REP. STEFANI CARTER: Thank you. Representative Allen, we spoke about this bill earlier and I expressed to you my sincere concerns and to members of the body that this is producing what is ultimately a bad public policy with all due respect to the State of Texas. We are basically shortening offenders remaining sentences under this bill and the --

REPRESENTATIVE ALMA A. ALLEN: Actually they would be serving longer sentences. It's not shortening any sentences at all.

REP. STEFANI CARTER: If we give time credit for being out in the street then by definition that credit goes to what would ultimately amount to a longer sentence.

REPRESENTATIVE ALMA A. ALLEN: But they are out on parole and time on parole -- you are not free. It's time on parole whether you serve it in prison, you're outside, you're on parole to the state. You're a ward of the court.

REP. STEFANI CARTER: This bill is not necessarily limited to low level nonviolent offenders. And that's one thing people are concerned offenses that would be eligible for early release under your bill includes kidnapping --

REPRESENTATIVE ALMA A. ALLEN: I'm sorry. This is not an early release bill. It's not an early release. They are already out and given credit for the time that they were out on parole. So it's not a early release bill.

REP. STEFANI CARTER: Representative Allen, this is semantics. Ultimately if somebody is out on parole and goes back and gets time credit then that is early release because that person is serving shorter sentence then before the enactment of this proposed law. This bill applies to endangering a child, burglary of habitation, tampering with a witness and we already talked about child pornography. That's part of the problem. And public safety is so important. We need to make sure that these parolees are behind bars. The TDCJ estimated that your bill would result in the early release of more than 850 of these types of inmates each year and that's regardless of the threats that those inmates posed to public safety. Those are my objections to your bill and I'm not sure how to fix it. We talked about possibly amending it. And I just don't know if there is a way to amend this bill. And I just wanted to state my objections on the record with all due respect. Thank you.

REPRESENTATIVE ALMA A. ALLEN: Thank you.

JOE STRAUS: Mr. Walle, for what purpose?

REP. ARMANDO WALLE: Mr. Speaker would Dr. Allen yield for a few questions?

JOE STRAUS: Dr. Allen, do you yield.

REPRESENTATIVE ALMA A. ALLEN: Yes, sir.

REP. ARMANDO WALLE: Dr. Allen, thanks for your bill. It was eluded to about the shortening of sentences. Are we shortening sentences under this bill.

REPRESENTATIVE ALMA A. ALLEN: No, we're not shortening sentences at all. We are giving them to serve the same amount of time that they were given in the courts.

REP. ARMANDO WALLE: And when a parolee is late to a meeting or even misses a meeting, how does the time credit work?

REPRESENTATIVE ALMA A. ALLEN: If the parole board -- if the prisoner's parole person seeks s to see that person back to prison they can. And when they go back to prison they are serving their time. But the parole board can give them credit. They have to serve a year and give them credit for the time that they were out and did well.

REP. ARMANDO WALLE: Okay. Does your bill endanger public safety in any way.

REPRESENTATIVE ALMA A. ALLEN: Not in any way does it endanger public safety. These are not people who have committed a new crime. New crimes start the sentence all over again. That's a whole different case. It doesn't have anything to do with the case that they are out on parole for. You commit a new crime, it's a new case.

REP. ARMANDO WALLE: It's still the state's safe decision whether or not to release a individual out on parole; is that correct?

REPRESENTATIVE ALMA A. ALLEN: Yes.

REP. ARMANDO WALLE: And when a parolee is out on parole he or she is still under the supervision of the State; is that correct?

REPRESENTATIVE ALMA A. ALLEN: Yes, you're not really free. You're still under supervision.

REP. ARMANDO WALLE: And if a parolee is out on parole and hasn't received any further violations and he or she has done everything that the state has asked him or her to do; is that correct.

REPRESENTATIVE ALMA A. ALLEN: That's right.

REP. ARMANDO WALLE: But if a parolee commits even a minor technical violation his or her parole can be revoked.

REPRESENTATIVE ALMA A. ALLEN: Yes. That's right and they can be sent back to prison.

REP. ARMANDO WALLE: And no matter how long that parolee has been out he or she will still have to serve the remainder of his or her sentence after their parole is revoked.

REPRESENTATIVE ALMA A. ALLEN: That's right.

REP. ARMANDO WALLE: Shouldn't the parolee get credit for the time spent on parole seeing as he or she is doing what's been asked of that person to do.

REPRESENTATIVE ALMA A. ALLEN: Yes. And then they come before the parole board and they get credit for good time. The time that they did well outside.

REP. ARMANDO WALLE: And this might be anecdotal. Dr. Allen, is it your sense that a person -- because it was eluded to about somebody that's been convicted of rape three times. Do you think that that person would be out on the streets.

REPRESENTATIVE ALMA A. ALLEN: I don't think that person would be out on parole.

REP. ARMANDO WALLE: Particularly if they are black or brown.

REPRESENTATIVE ALMA A. ALLEN: I don't think it really matters.

REP. ARMANDO WALLE: Okay. Thank you.

REPRESENTATIVE CHARLES PERRY: Ms. Allen.

REP. CHARLIE GEREN: Representative Perry, for what purpose?

REPRESENTATIVE CHARLES PERRY: Is it true that we are not changing the original sentence of the individual.

REPRESENTATIVE ALMA A. ALLEN: No, we are not changing the individuals sentence at all.

REPRESENTATIVE CHARLES PERRY: Right. Serving on the Corrections Committee with you did we not debate the ups and down of this bill very thoroughly for three weeks basically.

REPRESENTATIVE ALMA A. ALLEN: Yes, we did.

REPRESENTATIVE CHARLES PERRY: There was great discussion around what a technical violation was and how some technical violations were different from others. And I don't if we fully pursued that but that was one of the decisions some technical violations are a little bit worse than others but at the end of the day we were trying to make this a balance between --

REPRESENTATIVE ALMA A. ALLEN: Absolutely. You were very generous about that.

REPRESENTATIVE CHARLES PERRY: Now, I haven't looked at the bill in awhile. Does this apply to two time offenses or two strikes. Did we get that resolved or would you be willing to accept an amendment.

REPRESENTATIVE ALMA A. ALLEN: Say that again. I can't hear. There's a conversation over here. I can't hear you.

REPRESENTATIVE CHARLES PERRY: Can we have order, Mr. Speaker? I know in discussion about this process that we went through on corrections that we were talking about people with two strikes not being eligible for this under any circumstances and even mandatory supervision wouldn't have brought them in; is that correct too?

REPRESENTATIVE ALMA A. ALLEN: Yes.

REPRESENTATIVE CHARLES PERRY: I appreciate it. Thank you.

REPRESENTATIVE ALMA A. ALLEN: Thank you very much. Move passage.

JOE STRAUS: Mr. Jackson, for what purpose?

REPRESENTATIVE JIM JACKSON: Mr. Speaker will the gentle lady yield?

JOE STRAUS: Dr. Allen, do you yield?

REPRESENTATIVE ALMA A. ALLEN: Yes, sir.

REPRESENTATIVE JIM JACKSON: Let me reiterate if I understand correctly this is just for technical violations.

REPRESENTATIVE ALMA A. ALLEN: That's right.

REPRESENTATIVE JIM JACKSON: How often does the person go back to prison on that technical violation? Do you have any idea?

REPRESENTATIVE ALMA A. ALLEN: Several times. Are you asking how many people?

REPRESENTATIVE JIM JACKSON: Yes.

REPRESENTATIVE ALMA A. ALLEN: A lot of them. I have some numbers. I have some figures on that. We have at least 800 people -- I want to make sure I get it right. In 2010, 1062 individuals were sent back to prison for an administrative violation.

REPRESENTATIVE JIM JACKSON: And these are people who have not committed another crime but they have --

REPRESENTATIVE ALMA A. ALLEN: That's right.

REPRESENTATIVE JIM JACKSON: They have done things like this.

REPRESENTATIVE ALMA A. ALLEN: Just a administrative violation. Not another crime. Would cost the state $53,000 per date.

JOE STRAUS: Representative Sheffield raises a point of order that this lady's time has expired. The point of order is well taken and sustained.

REPRESENTATIVE ALMA A. ALLEN: Thank you. Move passage.

JOE STRAUS: Anyone wishing to speak for or against House Bill 1477. Chair recognizes Representative Madden.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker, members. I'm speaking for the bill. And I'm going to tell my conservative Republican friends out there why we should pass this piece of legislation. Why it's necessary. First of all we all -- most of us voted for House Bill 1. In House Bill 1 there is a portion of that in the corrections portion that reduces our prison capabilities our capacity by 4,000 prison beds, 4,000. That is in our budget that we sent out. We have to have a good way to be able to do that. That keeps our public safe and at the same time provides that we have the right degree of punishment. Your corrections committee has worked very hard to try determine some of the things that would do that. That would keep us safe that are reasonable and intelligent for us to do. Let me tell you that this is one of the hard decisions that we get called upon to make. But what is the safest thing that really doesn't jeopardize public safety. These people are on parole. That means that Mr. Aliseda's parole board has already voted them out of prison on parole. They went out on parole and they did not get convicted of or brought up for another crime. They did what we call violation -- now that maybe during your analysis -- which is one of the more common ones. That may in fact be failure to be at a meeting at a certain place, at a certain time. It is not the absconders. That is not a technical violation. So the intent that is here is to figure out how to make it so that we can make the budget that this House and our conservative body voted for. This is one that I totally support because it does that. It opens it up so that we will have a few hundred more openings that we can do safely and intelligently and therefore I move adoption and I certainly will take any questions.

REPRESENTATIVE JIM JACKSON: Mr. Jackson.

JOE STRAUS: Mr. Jackson, for what purpose?

REPRESENTATIVE JIM JACKSON: Does the gentleman yield?

REPRESENTATIVE JERRY MADDEN: Of course I yield chairman.

REPRESENTATIVE JIM JACKSON: Chairman Madden, I recall we just voted on another bill I believe today to have bonds for particular people who are in county jail.

REPRESENTATIVE JERRY MADDEN: That is correct.

REPRESENTATIVE JIM JACKSON: These would be some of the same people, wouldn't they?

REPRESENTATIVE JERRY MADDEN: They could very well be the same, Mr. Jackson.

REPRESENTATIVE JIM JACKSON: These are the same people that we're bonding them out of jail.

REPRESENTATIVE JERRY MADDEN: That's right.

REPRESENTATIVE JIM JACKSON: And we don't really think they're that dangerous.

REPRESENTATIVE JERRY MADDEN: That's right. These were not brought up because they have another charge. They did not commit another crime. As I said, Mr. Aliseda and the parole board already voted them out and approved them for parole. And so they already served at least time in the prison system and they judged to the best of their ability that that would work. And we also have, by the way, for our parole divisions we have a couple of capabilities that we put out there several years ago. One of those was intermediate sanctions that they could use -- process.

REPRESENTATIVE JIM JACKSON: And in fact most of these people picked up on parole violations never go back to prison anyway.

REPRESENTATIVE JERRY MADDEN: There is a lot of them that are not. That's correct.

REPRESENTATIVE JIM JACKSON: If you just allow me a little time tell you how it really works. They let them sit in county jail for 90 days.

REPRESENTATIVE JERRY MADDEN: They do.

REPRESENTATIVE JIM JACKSON: And it's a little shock for them and then they let them go.

REPRESENTATIVE JERRY MADDEN: They do that and that's why we gave the parole division which is not the parole board. Those are the people that makes the votes on whether somebody should be released or not but the parole division is the one who has control over these. They are part of the Texas Department of Criminal Justice and they are the ones watching them and they are the ones bring them back.

REPRESENTATIVE JIM JACKSON: Most of the people that go to these hearings don't send them back.

REPRESENTATIVE JERRY MADDEN: That's right. And by the way they don't go before a judge on this either.

REPRESENTATIVE JIM JACKSON: That's the way the system really works.

REPRESENTATIVE JERRY MADDEN: That is correct. Thank you, Mr. Jackson.

REPRESENTATIVE JIM JACKSON: Thank you.

REPRESENTATIVE TRYON LEWIS: Mr. Speaker.

JOE STRAUS: Mr. Lewis, for what purpose?

REPRESENTATIVE TRYON LEWIS: Ask some questions of the chairman?

JOE STRAUS: Madden, do you yield?

REPRESENTATIVE JERRY MADDEN: As long as it doesn't have to do with outer space I'll yield.

REPRESENTATIVE TRYON LEWIS: Thank you very much, Chairman. Just a few questions, chairman. I looked at the bill briefly and I couldn't tell from the bill if this applies only to nonviolent -- people who are out on parole for nonviolent crimes, felonies or if this applied to anybody out on parole.

REPRESENTATIVE JERRY MADDEN: Well, they have to be felons obviously or they would not be out on parole, if they are not felons. But it does apply to any felon who was put on parole. That is correct. And they have not committed another crime and been out at least a year.

REPRESENTATIVE TRYON LEWIS: But it would apply to -- as Mr. Aliseda mentioned it would apply to individuals who were out on parole but committed crimes that may have been highly dangerous to society. It would apply to murders, it would apply to rapists --

REPRESENTATIVE JERRY MADDEN: It would apply to those people.

REPRESENTATIVE TRYON LEWIS: It would apply to armed robbers.

REPRESENTATIVE JERRY MADDEN: It would certainly apply to those as they are. As Mr. Aliseda and the parole board already reviewed them in their process and had approved them for parole.

REPRESENTATIVE TRYON LEWIS: And then these people who are -- who have committed murder, committed armed robbery, committed burglaries, and so forth and they won't follow the rules of probation. They are not reformed. The rules of the probation they don't follow them.

REPRESENTATIVE JERRY MADDEN: It doesn't apply to rules of probation, Judge, it deals with parole.

REPRESENTATIVE TRYON LEWIS: Thank you. Rules of parole. They won't follow them and a --

REPRESENTATIVE JERRY MADDEN: Well, they have been following them for a period of time and for some reason they did not follow one of them. That is correct.

REPRESENTATIVE TRYON LEWIS: As you know everybody who violates their rules of parole do not get revoked and go back to prison.

REPRESENTATIVE JERRY MADDEN: That's correct.

REPRESENTATIVE TRYON LEWIS: It's not automatic. It's a decision by a parole officer or the parole division. A decision that that person merits going back to the penitentiary.

REPRESENTATIVE JERRY MADDEN: That's right. And this does not keep -- in fact they will be sent back, Judge. They will go back to prison. It doesn't stop them. This is a credit for some of the time served. That's the difference here. They do go back. The parole division will still have the authority and will send them back to prison.

REPRESENTATIVE TRYON LEWIS: But what you're saying -- you keep calling it or it's being called a technical violation.

REPRESENTATIVE JERRY MADDEN: That's the proper term.

REPRESENTATIVE TRYON LEWIS: In fact a violation that the parole division has determined to be at least serious enough to show that that person should be reincarcerated; isn't that correct?

REPRESENTATIVE JERRY MADDEN: We have -- we give them certain tools and the answer to that is, yes. And they are -- the difference here I want everybody to understand is we're not sending them back to prison. We are sending them back to prison they are just getting credit for the time that they were not in prison, that they did not violate, that they did not do a technical violation, that in fact they get credit for that time served. That's the difference.

REPRESENTATIVE TRYON LEWIS: So, what's its doing is it's making this myth that they're going to get credit for time that they served even though they weren't serving the time, even though they were out on the streets and released from justice.

REPRESENTATIVE JERRY MADDEN: As you know, Judge, in all fairness -- in all fairness a person that's on probation and we'll talk about probation instead of parole here for just a second. A person that's on probation is under supervision, is under watch just like the people on parole. They're under watch and they are under supervision. And what this is an additional supervision item. So those supervisors said that we wanted to do something with them. And we wanted to give them that. They keep that authority. They are allowed to send them back to prison. They do that. All we're doing is giving them time they were watching them and under that supervision, they get credit for that time.

REPRESENTATIVE TRYON LEWIS: As I understand it this is to save money basically what you're doing. It's not that they deserve time -- credit for the time but it's to save money, right?

REPRESENTATIVE JERRY MADDEN: It's both. I mean I'm talking to my conservative friends because we have got to do intelligent things within the criminal justice system. And in my opinion this is one of those things that's intelligent.

REPRESENTATIVE TRYON LEWIS: Wouldn't it be better to decide who is meriting release and who will follow the rules and give the benefit to those people rather than to the people who are not following the rules?

REPRESENTATIVE JERRY MADDEN: I have a great deal of trust in my parole board. They have already done that and for those people that we're talking about they made that decision to parole them.

REPRESENTATIVE TRYON LEWIS: We respectfully disagree. Thank you.

REPRESENTATIVE JERRY MADDEN: Thank you, Judge. It's always good to talk to you. And no, we're not doing anything with space travel on this on.

REPRESENTATIVE ARMANDO WALLE: Mr. Speaker.

JOE STRAUS: Mr. Walle, for what purpose?

REPRESENTATIVE ARMANDO WALLE: Would Chairman Madden yield just for one question?

JOE STRAUS: Madden, do you yield?

REPRESENTATIVE JERRY MADDEN: Absolutely.

REPRESENTATIVE ARMANDO WALLE: It is my understanding of the bill that it excludes violent offenders.

REPRESENTATIVE JERRY MADDEN: It does. It does include them. It includes any offenders. And, members, I move adoption.

JOE STRAUS: Chair recognizes Representative Aliseda in opposition.

REPRESENTATIVE JOSE ALISEDA: Members, I wouldn't be standing here if I didn't think that this has a potential risk for public safety. I sat on the Board of Pardons and Parole. I've seen in the past where this legislative body has taken discretion away from the Board of Pardons and Parole and our citizens have suffered. I understand Chairman Madden's argument that this is about money. I mean what is our prime responsibility to our citizens but to protect them we have.

REP. SYLVESTER TURNER: Mr. Speaker.

JOE STRAUS: Mr. Turner, for what purpose?

REP. SYLVESTER TURNER: Will the gentleman yield?

JOE STRAUS: Mr. Aliseda do you yield?

REPRESENTATIVE JOSE ALISEDA: In a minute. I'm concerned. There's a lot of discussion about this technical violation. If you read the actual language of the bill it talks about an administrative violation. You need to understand it. An administrative violation is anything but committing a new offense. So you could be an absconder, you could positive on a dirty UA, there are a number of things you could do. And what happens is if you serve more than a year then you get credit for that time you've been out. I would submit to you that being out on parole is not the same as being inside prison. Much like being on probation is not the same as being in jail or prison serving your sentence. So I read to you a list of those crimes that would qualify and these are not minor offenses. Human trafficking, negligent homicide, kidnapping, you could get this three time credit if you're out on parole for any of these offenses and I just don't think it's good public policy. I yield for questions now.

REP. SYLVESTER TURNER: Thank you, Mr. Speaker. Will the gentleman yield?

JOE STRAUS: Mr. Aliseda, do you yield?

REPRESENTATIVE JOSE ALISEDA: Yes.

REP. SYLVESTER TURNER: Mr. Aliseda, is there an amendment that you can think of that you could add to this bill that would make it acceptable?

REPRESENTATIVE JOSE ALISEDA: I was discussing with Representative Miles a possibility that if we listed the administrative violation perhaps limited to some very minor things like failing to report.

REP. SYLVESTER TURNER: You're not saying that -- this is not a bill that can't not be made more acceptable or acceptable to you if an amendment or two were added.

REPRESENTATIVE JOSE ALISEDA: I understand what we're trying to do here. We're trying to say look people that have been out should not be revoked for minor things and not get credit for that time they were out.

REP. SYLVESTER TURNER: Right, correct.

REPRESENTATIVE JOSE ALISEDA: My concern is that we use this term administrative violation which can mean anything but committing a new offense.

REP. SYLVESTER TURNER: I understand and I think it is always good to see if you could reach a meeting of the minds, so to speak. And I think this process works well, when different viewpoints are taken into account. My question would be is understanding what the author is attempting to do and what Chairman Madden has indicated, is it possible for you for example to work with Representative Allen and Representative Madden over the next several hours or so to come up with an amendment that would make this bill, 1477, one that would be good for public policy, good for public safety, and one that most members, if not all, would be comfortable in voting for.

REPRESENTATIVE JOSE ALISEDA: It is possibly but one thing I would like to clear up Mr. Turner is, Chairman Madden alluded to the fact that you know someone could be revoked for a relatively minor administrative violation. The board has that discretion. I'm not sure that the members are aware that when someone gets a violation of parole revocation filed against them they get reviewed by the board. A board makes that decision as to what to do next. We're taking that completely out of the board's discretion. We're saying we're going to give you free time credit if you've been out more than a year. I don't mind trying to work to try to salvage the bill but it may not satisfy the concerns of some of my conservative colleagues out here. I'm concerned for the public safety. I'll work with Dr. Allen if you think that will help but I'm not going to commit to guaranty that we can fix it.

REP. SYLVESTER TURNER: My only deal is that I am a strong believer that no matter what vantage points you may come from that when you put the different prospectives together that I think reasonable minds can produce a good result for the Texas House of Representatives and ultimately for the State of Texas. And so what I would ask is that you and whomever else that may have a different point of view or may have a disagreement with 1477 as it's presently written, if we take the time over the next several hours, today, whatever to come up with something that I think would work well for the author, for -- to maintain the integrity of the bill but more importantly to make sure the the public is safe and that we will be voting on a bill that achieves all purposes. I just think that can happen.

REPRESENTATIVE JOSE ALISEDA: As a freshman how would we accomplish that. Do we take a vote today and amend it between now and tomorrow.

REP. SYLVESTER TURNER: As a sponsor -- I would ask the sponsor to postpone the bill to a time certain, possibly tomorrow. And I believe that as a freshman you certainly have shown senior wisdom. And I believe that members will follow your lead to the extent that you and Representative Allen and Representative Madden can reach something to the best interest of the the people of the State of Texas.

REPRESENTATIVE JOSE ALISEDA: I would like to try, if we can.

REP. SYLVESTER TURNER: And Judge Lewis as well.

REPRESENTATIVE JOSE ALISEDA: And Representative Carter and someone else who has some law enforcement experience.

REP. SYLVESTER TURNER: I fully understand the dynamics of red lights but to the extent to keep the light less red and more green then I think it will achieve a desirable result. You need to spot me about 50 at this point. I would ask that the sponsor postpone it to a time certain tomorrow.

JOE STRAUS: Chair recognizes Representative Allen.

REP. ALMA A. ALLEN: Mr. Speaker, I move to postpone this bill for two hours so we could work out an amendment that would be satisfied to all of us -- 8:00 o'clock.

JOE STRAUS: Members, you heard the motion. It will be postponed until 8:00 p.m. Is there objection? Chair hears none. So ordered. Excuse members of the the Local and Consent Calendar Committee because of a committee meeting on the motion of Representative Brown. Excuse Representative Laubenberg because of illness on the motion of Representative Sheets. Any objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 1649. The clerk will read the bill.

CLERK: HB 1649 by Marquez. Relating to the enforcement of building code standards for new residential construction in the unincorporated area of a county.

JOE STRAUS: Chair recognizes Representative Marquez.

REP. MARISA MARQUEZ: Thank you Mr. Speaker, members. HB 1649 is about enforcement of building regulations that were passed last session in HB 823. Let me say this, it was passed last session. This bill is not about county ordinance. That was passed last session. We aren't trying to change the regulations. We are simply giving those counties that have adopted these standards an enforcement tool. This is about enforcement and this is permissive. This bill, HB 1649, is allowing counties the ability to actually enforce the regulations that they are already allowed to adopt. HB 1649 allows counties that have adopted regulations to withhold permanent utility connections until those building requirement are met. This allows counties to defray the cost of enforcement for those. Members this is a permissive bill and only applies to counties that have adopted the requirement. I have worked with the members of this body and stakeholders to come up with acceptable language. I just want to be very, very clear that this is not HB 2833. That was passed last session that allows counties to come up with regulations. This is adding a subchapter to that already existing code that allows them to enforce. And this is about the health and safety of communities. There are a few amendments by my colleague Representative Miller that are acceptable and I move passage.

REP. VERONICA GONZALES: Mr. Speaker, would the lady yield for some questions?

JOE STRAUS: Mrs. Marquez, do you yield.

REP. MARISA MARQUEZ: Yes, I yield.

REP. VERONICA GONZALES: Ms. Marquez, what problems have arisen regarding enforcement of building codes in unincorporated areas.

REP. MARISA MARQUEZ: When we passed this bill last session -- this is addressing the issue of colonia and we have substandard housing in certain areas where we have electrical problems, sewage problems, and these families are essentially having to live in these substandard houses. We passed HB 2833 to address this issue. So we allowed the counties to go ahead and have some kind of regulation to make sure that these buildings are built up to code. Now in our interim during county affairs we went to different counties. We were in Bexar County, we were in south Texas also in Harris County and they said we're fine with it but we have no enforcement. We have no way of having these buildings built up to code or enforcing that particular issue.

REP. VERONICA GONZALES: So that's what this is attempting to do.

REP. MARISA MARQUEZ: Absolutely.

REP. VERONICA GONZALES: And why is it important to have that certificate of compliance before the utilities are actually turned on?

REP. MARISA MARQUEZ: Well, it won't effect the construction. The utilities will be put on for those legitimate builders to go out there, to construct these homes but if these families or these community members or maybe fly by night builders are not doing an appropriate job or they're not building up to code then the families will need that certificate compliance in order -- and that's up to the county.

REP. VERONICA GONZALES: And it's also for health and safety reasons.

REP. MARISA MARQUEZ: Absolutely.

REP. VERONICA GONZALES: And your bill -- is your bill bracketed to any particular part of the state or is it bracketed in any way.

REP. MARISA MARQUEZ: The statute is already in place and that's what I mentioned with HB 2833 that passed last session. We already created that local government code. We are just now adding the enforcement portion. So we're not messing with the applicability. Right now applicability is within 50 miles of the border and counties of a hundred or more which would only exempt Loving County which is 83.

REP. VERONICA GONZALES: Because you can find this problem throughout the entire state, can you not?

REP. MARISA MARQUEZ: Absolutely. This is not an issue -- it's not a border issue. There's substandard housing across the state and we're just allowing counties to be able to address that at the local level. Now I'm glad you mentioned that because a lot of people ask, well why is there 100 in there, why include every other county. If you will recall in 2003 the Texas legislature created TRCC. Okay. And they required building codes across the State but they exempted the border. Now my real intention last session was to include the border. My bill was just about the border. I was not trying to deal with the rest of the the state. However, the Senate was sunsetting TRCC at the same time. And so my bill was going to add the border, that's all I wanted to do, but when TRCC went away the builders realized, legitimate builders realized, that there would be no standards to protect them. There would be nothing.

REP. VERONICA GONZALES: This would allow people to be protected throughout the state.

REP. MARISA MARQUEZ: Absolutely. Because TRCC was going to be sunsetted. My intention was not to take something that was important El Paso County and mandate the rest of the the State. My idea was to include the border. When TRCC was sunsetted my bill became the vehicle to protect legitimate builders, legitimate organizations that go out there building houses to code and to also protect those consumers.

REP. VERONICA GONZALES: And so, really this will only -- the people that will be impacted are those builders that -- the unscrupulous builders because builders that are legitimate builders are not going to see any problems with this. I mean they would have the ability -- you're just trying to protect substandard housing throughout the state and this is one tool to do that.

REP. MARISA MARQUEZ: Absolutely. And I would not have made it applicable to counties over a hundred or essentially 253 out of the 254 counties had TRCC not been sunsetted and there would be no protections for those legitimate builders.

REP. VERONICA GONZALES: Thank you. You have a good bill.

REP. MARISA MARQUEZ: Thank you.

REP. CHARLIE GEREN: Mr. Howard, for what purpose?

REPRESENTATIVE CHARLIE HOWARD: Lady yield for a question?

REP. CHARLIE GEREN: Mr. Howard, we've got a couple of amendments first. Do you mind?

REPRESENTATIVE CHARLIE HOWARD: Not a bit.

REP. MARISA MARQUEZ: Thank you.

REP. CHARLIE GEREN: Madam Doorkeeper for what purpose?

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

REP. CHARLIE GEREN: Admit the messenger.

SENATE MESSENGER: Thank you, Mr. Speaker I'm directed by the Senate to inform the House that the Senate has passed the following actions and measures. HB 1, sponsor Ogden, general appropriations bill committee substitute amended respectfully passed SB 12 --

REP. CHARLIE GEREN: The following amendments. The clerk will read the amendments.

CLERK: Amendment by Marquez.

REP. CHARLIE GEREN: Chair recognizes Mrs. Marquez.

REP. MARISA MARQUEZ: Thank you, Mr. Speaker. This is a small amendment as you can see and what it basically does strike as determined by the county. So it wouldn't be on the county to provide certificate once they demonstrate compliance. So the county wouldn't have to go out and do the searches. They would just receive a certificate of compliance that they are up to code. And so this just clarifies counties are not getting any additional authorities to inspect or to determine anything.

REP. CHARLIE GEREN: Mr. Howard, for what purpose?

REPRESENTATIVE CHARLIE HOWARD: We don't have the amendment on our computer.

REP. CHARLIE GEREN: We're working on that Mr. Howard.

REPRESENTATIVE CHARLIE HOWARD: Okay.

REP. CHARLIE GEREN: It's up on your screen now, Mr. Howard, or should be. Go ahead Ms. Marquez.

REP. MARISA MARQUEZ: Okay. Is it there, Mr. Howard?

REPRESENTATIVE CHARLIE HOWARD: Now can you tell us what it means?

REP. MARISA MARQUEZ: All this does is just clarifies that counties are not getting any additional authority to inspect. Okay. Or determine anything. But the county must give the certificate of compliance once the builder has demonstrated they passed inspection. So the builder has to prove that it's up to code and it's not necessarily the county going and doing the inspection.

REPRESENTATIVE CHARLIE HOWARD: Who does the inspection then.

REP. MARISA MARQUEZ: Not right now.

REPRESENTATIVE CHARLIE HOWARD: Who does the inspection?

REP. MARISA MARQUEZ: It's a third party. Under HB 2833 in the current code it's a third party.

REPRESENTATIVE CHARLIE HOWARD: A third party does the inspection --

REP. MARISA MARQUEZ: Under their license.

REPRESENTATIVE CHARLIE HOWARD: If they complied with the code of the county; is that right?

REP. MARISA MARQUEZ: Building code standards in this particular, yes.

REPRESENTATIVE CHARLIE HOWARD: Okay. And you're saying that a third party does the inspection and a third party then tells the county that the inspection was met to code; is that correct?

REP. MARISA MARQUEZ: Right. Are you talking existing or are you talking about how this bill is going to change that?

REPRESENTATIVE CHARLIE HOWARD: I'm talking about the bill.

REP. MARISA MARQUEZ: Yes, so the builder would have to provide to the county that they've built up to code. The county isn't going to go out and inspect each and every property.

REPRESENTATIVE CHARLIE HOWARD: And they can do that by a third party.

REP. MARISA MARQUEZ: No. No. I thought you were asking about the original code. No, they will do that in this bill. There's enforcement. So I'm trying to -- let me lay out what the current code is. The current code is third party, current code, right now. The way the law is and the way we passed it last session is a third party that's under their own licensing. So if you look in the code it's a licensed engineer, a registered architect, a professional inspector licensed by the Texas Real Estate Commission, plumbing inspector employed by the municipality and licensed by the Texas State Board of Plumbing. Right now they are responsible to perform the inspections. What this is doing is just saying once those inspections are made if they are not up to code the county does not have to issue a certificate of compliance and could possibly keep the home from being connected to electricity, sewer until they come up to code or they are in compliance.

REPRESENTATIVE CHARLIE HOWARD: And that's what your bill does?

REP. MARISA MARQUEZ: Yes, sir.

REPRESENTATIVE CHARLIE HOWARD: Thank you.

REP. MARISA MARQUEZ: I think there's another amendment.

REP. CHARLIE GEREN: The following amendment. The amendment is acceptable to the author.

REP. MARISA MARQUEZ: Yes, it is.

REP. CHARLIE GEREN: Is there any objection? Chair hears none. The amendment is adopted. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Miller of Erath.

REP. CHARLIE GEREN: Chair recognizes Mr. Miller.

REP. SID MILLER: Mr. Speaker and members. What the author is trying to do here is I think is just doesn't know. I think she's trying to address a problem we have in the colonia. My amendment would tighten this bill up and accept out several types of properties. No. 1, it would exempt out any agricultural use property as listed for ad valorem taxes. It would also exempt out any open space land. It also exempts out any construction that is within a thousand feet of a platted subdivision. And it also exempts out any existing additions to any single family houses and it will also exempt out anyone who is building their own single family home and constructing it. I think this makes it a pretty good bill. It tightens it up and really narrows it down to the areas where she's trying to pinpoint and that's the colonia. I believe it's acceptable to the author and I move adoption.

REP. CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Ms. Marquez -- excuse me the following amendment. The clerk will read the amendment.

CLERK: Amendment by Workman.

REP. CHARLIE GEREN: Chair recognizes Mr. Workman.

REPRESENTATIVE PAUL WORKMAN: Mr. Speaker, members. Rural Texas is the last frontier in our state. Many people including me move to the country to escape the city and to enjoy the freedom of life in the country. Part of that freedom is the freedom from government interference with what we do on our own property. Ms. Marquez's bill as I understand it along with the bill she passed last session is designed to deal the problem of colonias that spring up along the border. However, current statute grants expanded authority through all counties in the state accept Loving County. This bill increases the authority that counties have to restrict the connection of utilities to someone's home. My amendment simply removes all of the counties from the statute and from this bill accept those along the Rio Grande River by striking the second part of the -- of what's in the statute now. And I move passage.

REP. JESSICA FARRAR: Mr. Speaker.

REP. CHARLIE GEREN: Ms. Farrar, for what purpose?

REP. JESSICA FARRAR: I raise a point of order under Rule 11, Section 23.

REP. CHARLIE GEREN: Bring your point forward, please. The point of order is respectfully overruled. Chair recognizes Mr. Workman.

REP. VERONICA GONZALES: Mr. Speaker.

REP. CHARLIE GEREN: Ms. Gonzalez, for what purpose?

REP. VERONICA GONZALES: Yes, would Representative Workman yield for some questions?

REP. CHARLIE GEREN: Would you yield Mr. Workman.

REPRESENTATIVE PAUL WORKMAN: Of course.

REP. CHARLIE GEREN: He will.

REP. VERONICA GONZALES: Representative Workman, I've looked at your amendment. You're not by any means though telling the members of this House that substandard house is limited to the border area, are you?

REPRESENTATIVE PAUL WORKMAN: I don't know where substandard housing is. I know that there is problem along the border. Ms. Marquez attempted to deal with it along the border and that's fine with me. All I did is try to remove to other counties.

REP. VERONICA GONZALES: Well, but she talked about earlier that she initially had a bill, I guess, last session that was limited to the border but then found out because the residential construction had been -- was gone that she couldn't do that. And so, she made it everywhere. And now she's telling us I'm trying to eliminate substandard housing. I just want to make sure people's safety is protected. I can tell you -- and I do live on the border. I can tell you I have seen where people share electricity. They'll run a line between two homes. What I think she's trying to do is make sure that there's safety there. That people aren't doing that because a certificate of compliance. And I have heard in my committee, in the border committee, when we start talking about something for the border people we'll say, wait a minute we have substandard housing or we have colonia in other parts of the state. Why can't we get that too. I'm just saying that in your amendment you're limiting it to the border but by no means are we looking at substandard housing only on the border; is that right.

REPRESENTATIVE PAUL WORKMAN: I wouldn't say that. No, ma'am.

REP. VERONICA GONZALES: Thank you.

REP. CHARLIE GEREN: Ms. Marquez, for what purpose?

REP. MARISA MARQUEZ: A question. Will the gentleman yield?

REP. CHARLIE GEREN: Do you yield, Mr. Workman?

REPRESENTATIVE PAUL WORKMAN: Of course.

REP. MARISA MARQUEZ: Why don't you think this is important to counties outside of the border area? Why wouldn't you think substandard housing or that the health and safety of those that live in these substandard areas across the state is important to address?

REPRESENTATIVE PAUL WORKMAN: I don't believe it's a problem. I think it's a problem looking for a solution or solution looking for a problem and I don't think it is one.

REP. MARISA MARQUEZ: So you don't believe that there is any substandard housing that exists any where in this state accept for the border.

REPRESENTATIVE PAUL WORKMAN: I'm not saying that Ms. Marquez. I'm saying that I don't believe that it's a problem that rises to the level of requiring or giving the authority to our counties to impose building standards in our unincorporated areas.

REP. MARISA MARQUEZ: Sir, what would you explain to your Travis County area that has already adopted and was one of the first counties to adopt this type of regulation. So, obviously it is an issue in your area.

REPRESENTATIVE PAUL WORKMAN: It is not an issue in my area I can guaranty --

REP. MARISA MARQUEZ: Then why would your county have adopted it?

REPRESENTATIVE PAUL WORKMAN: Because our county likes to do that sort of thing, I guess. But the fact of the the matter is we don't have substandard housing in western Travis County. I promise you that.

REP. MARISA MARQUEZ: We're just trying to continue to ensure that with this bill. And why would you not want that for community as well.

REPRESENTATIVE PAUL WORKMAN: I do not believe that counties should have the authority to impose building standards on incorporated areas in the rural parts of the State of Texas.

REP. MARISA MARQUEZ: Thank you, Mr. Speaker.

REPRESENTATIVE PAUL WORKMAN: Move passage.

REP. CHARLIE GEREN: Chair recognizes Ms. Marquez to speak against the amendment.

REP. MARISA MARQUEZ: Members, I motion to table this amendment. I don't think that Mr. Workman's arguments make any sense quite honestly, that there's no substandard housing accept for the border. For many years the border was exempt from those types of standards. And in 2009 all we wanted to do was to include them. To bring them into those particular standards. And when that happened TRC was sunsetted. So we have legitimate professional builders that were building up to code, that were charging a fair price and they were being undercut, by these fly by night builders that come and build $100,000 home for $50,000. And it surprises me that his county, Travis County was one of the first counties to adopt this. So there has to be an issue. It cost this state billions. The Secretary of State has a department that addresses just this issue, colonia, substandard housing. And she's not doing it just for the border this is for across the state. I yield.

REP. GARNET F. COLEMAN: Representative Marquez, will the lady will she yield for a question?

REP. CHARLIE GEREN: Do you yield?

REP. MARISA MARQUEZ: Absolutely.

REP. CHARLIE GEREN: She yields.

REP. GARNET F. COLEMAN: Now, we've had discussions about this in the County Affairs Committee; is that correct.

REP. MARISA MARQUEZ: Yes, sir.

REP. GARNET F. COLEMAN: And did we have any county association, any county elected official come in and testify against your legislation in that it would be a problem for them to implement or was an undue burden.

REP. MARISA MARQUEZ: Absolutely not. In fact there were several testimonies from urban and rural areas that came. Particularly Harris County was in support of this.

REP. GARNET F. COLEMAN: Now, all during the interim we went to nine locations, nine parts of the the state with our interim study. Your work had been highlighted by the builders -- had been highlight by the builders the right type of work. This is the homebuilders, correct?

REP. MARISA MARQUEZ: Absolutely. And the farmers support this bill. The builders support this bill because they do good work in our communities. So, yes, I would say that this is an important step in the the right direction.

REP. CHARLIE GEREN: Mr. Miller, for what purpose?

REP. SID MILLER: Mr. Speaker would the gentle lady yield?

REP. MARISA MARQUEZ: Absolutely.

REP. CHARLIE GEREN: She yields.

REP. SID MILLER: Representative, is it your purpose to direct it to colonia and when I say colonias I mean substandard housing.

REP. MARISA MARQUEZ: Yes.

REP. SID MILLER: Okay. Is it your belief that we only have substandard housing along the Rio Grande River.

REP. MARISA MARQUEZ: Absolutely not.

REP. SID MILLER: Would it surprise you that in Tarrant County near where I live we have substandard housing?

REP. MARISA MARQUEZ: It does not surprise me.

REP. SID MILLER: Would it surprise you that we have substandard housing here in Travis County?

REP. MARISA MARQUEZ: It does not surprise me.

REP. SID MILLER: Would it surprise you that Travis County testified in favor of your bill, were you aware of that?

REP. MARISA MARQUEZ: Yes, sir, I was.

REP. SID MILLER: I live next to Rob Orr. Rob Orr's home county is Johnson County, a rural county. Would it surprise you that we have substandard housing in Johnson County.

REP. MARISA MARQUEZ: Absolutely not.

REP. SID MILLER: Cleburne and Burleson, are you aware that they also testified in favor of your bill so that they could address substandard housing.

REP. MARISA MARQUEZ: Yes, sir.

REP. SID MILLER: Do you realize that the amendment I put on exempted out of your bill any agriculture property, open space, anybody building their own home, anybody that would be unless you're within a thousand feet of a major subdivision you're exempted out.

REP. MARISA MARQUEZ: Yes, sir. We're not targeting those particular communities. We're not targeting that individual person that lives on that land, that works that land, that's not what we're after. We're after those that are not providing the proper --

REP. SID MILLER: Would you agree with me on this premise? If your bill is good for the border counties then it should be good for the whole state.

REP. MARISA MARQUEZ: Absolutely. Yes, sir.

REP. SID MILLER: Thank you. I think you have a good piece of legislation.

REP. MARISA MARQUEZ: Thank you, Mr. Miller. I motion to table.

REPRESENTATIVE JOHN V. GARZA: Will the gentle lady yield?

REP. CHARLIE GEREN: Mr. Garza, for what purpose?

REPRESENTATIVE JOHN V. GARZA: Just some questions.

REP. CHARLIE GEREN: Would you yield ma'am?

REP. MARISA MARQUEZ: Yes.

REP. CHARLIE GEREN: She will.

REPRESENTATIVE JOHN V. GARZA: My concern with this bill, Representative Marquez, was that it gave additional authority in Bexar County to regulate building construction.

REP. MARISA MARQUEZ: Mr. Garza the authority is already there.

REPRESENTATIVE JOHN V. GARZA: So what you're telling me is that we're not giving Bexar County any additional authority to regulate new home construction other that what already exists there in the third party.

REP. MARISA MARQUEZ: And we're giving them the ability to enforce only if Bexar County choses to adopt it. This is not a mandatory bill. It is permissive. If your county choses to not adopt regulation then this is not applicable to them.

REPRESENTATIVE JOHN V. GARZA: Would your bill do anything other than require a third party inspection by -- at the choice of the homeowner because I think this effects more homeowners that build with contractors that don't have experience. So those are the people I'm mainly concerned with that work with smaller contractors.

REP. MARISA MARQUEZ: So, you're with me that we should protect those legitimate builders that go out there and do things to code. Why should they be cut by some fly by night people that just want to hurry up and throw up houses. Doesn't matter what code they are up to and then take up and move to another community and do the same thing. Right. We want to protect those legitimate builders that are licensed that do good honest work that are in those communities and that's exactly what this bill does.

REPRESENTATIVE JOHN V. GARZA: Okay. And I talked to the builders association and they say they support your bill. I did verify that. I just want to make sure that also there's no authority of the county to question those third party inspections.

REP. MARISA MARQUEZ: No. Right now if you look in there that's why that was my first amendment to change that. A county does not determine. It has to be determined by them to receive it. They're not going out and doing the inspections.

REPRESENTATIVE JOHN V. GARZA: So if I get any engineer or if I get any architect to do my inspection I give that to the county they're going to give me my approval for hook up to the utilities.

REP. MARISA MARQUEZ: Yes, sir. Yes, sir.

REPRESENTATIVE JOHN V. GARZA: Okay. That was all my questions.

REP. MARISA MARQUEZ: Thank you, Mr. Garza. Members I motion table Workman's amendment. I think that I have exemplified that I have worked with all sides, with all the concerns particularly with Mr. Miller and Mr. Chisum last session. So I move to table.

REP. CHARLIE GEREN: Chair recognizes Mr. Workman.

REPRESENTATIVE PAUL WORKMAN: Members, this is about fundamental property rights. Unincorporated areas, rural areas in the State of Texas do not need this authority. We do not need to be granting this kind of authority and I motion to -- I ask you to vote no on the motion to table.

REP. CHARLIE GEREN: Mr. Howard, for what purpose?

REPRESENTATIVE CHARLIE HOWARD: Would the gentleman yield for a question?

REP. CHARLIE GEREN: Would you yield, Mr. Workman.

REPRESENTATIVE PAUL WORKMAN: Sure.

REPRESENTATIVE CHARLIE HOWARD: You know I just heard what you said but I listened to what the author of the the bill just said. She said this bill doesn't not have any effect unless the county choses to enact it. Now I want to ask you a question. I know you're in the construction business as I have been. Have you ever seen any county that you've done work in that would not take any control to restrict someones freedom that you're aware of? I have never worked in a county that doesn't want more authority and more control and to take away more of your freedom. Have you ever worked in one that didn't do that?

REPRESENTATIVE PAUL WORKMAN: No. You're exactly right. Counties always try to get more and more authority.

REPRESENTATIVE CHARLIE HOWARD: And apparently the problem -- I've been here since 1995. We have passed a lot of legislation to try to get rid of the colonias. Particularly with the infrastructure. And seemingly every time we're back here they seem to have a problem with that. But what your amendment does is it says if they still have a problem your amendment says go fix it in the colonias but leave the rest of us alone; isn't that right.

REPRESENTATIVE PAUL WORKMAN: That's right.

REPRESENTATIVE CHARLIE HOWARD: I think you have a good amendment. Thank you.

REPRESENTATIVE PAUL WORKMAN: Thank you. Vote no.

REP. CHARLIE GEREN: Mr. Workman sends up an amendment. Ms. Marquez moves to table. The vote is on the motion to table. A record vote is requested. Record vote granted. The clerk will ring the bell. Vote aye, vote nay, members. Showing Ms. Marquez voting aye, Mr. Workman voting no. Have all members voted? Have all members voted? This is on the motion to table, members. Have all members voted? There being 66 ayes, 63 nays, the motion to table.

REP. MARISA MARQUEZ: I move passage.

REP. CHARLIE GEREN: Verification is requested, verification granted. please, take your seats for verification. Members, please, take your seats. Chair recognizes Mr. Smithee. Chair recognizes Mr. Smithee for a motion.

REP. JOHN T. SMITHEE: Mr. Speaker and members, I would request permission of the House for the Committee on Insurance to meet at 6:15 p.m. today, May 4th, in room 3W9 to consider pending business.

REP. CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So ordered. Mr. Deshotel. Chair recognizes Mr. Deshotel.

REPRESENTATIVE JOE DESHOTEL: Mr. Speaker, I request permission for the Committee on Business and Industry to meet while the House is in session at 6:15 p.m. today, May 4th, 2011 room 3W15 to consider SB 238 SB472, SB 1368, SB 767, and pending business.

REP. CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. So order. The clerk read the following announcements.

CLERK: The Committee on Insurance will meet at 6:15 p.m. today May 4th, 2011 at 3W.9. This will be a formal meeting to consider pending business. The Committee on Business and Industry will meet at 6:15 p.m. on Wednesday May 4th, 2011 at 3W.15. This will be a formal meeting to consider SB 238, SB 472, SB 1368, SB 767 and pending business.

REP. CHARLIE GEREN: Members, please take your seats. A verification has been requested and granted. Please, take your seats. The clerk will now proceed to verify the ayes. Members, please, take your seats.

CLERK: Aliseda, Allen, Alonzo, Alvarado, Burnam, Button, Castro, Coleman, Cook, John Davis of Harris, Sarah Davis of Harris, Davis of Dallas, Deshotel, Driver, Dukes, Dutton, Dutton.

REP. CHARLIE GEREN: Is Mr. Dutton on the floor of the House. Strike his name temporarily.

CLERK: Eissler, Farias, Farrar, Frullo, Gallego, Garza, Giddings, Gonzales, Gonzalez of Hidalgo Gonzales of El Paso, Gooden, Guillen, Guitierrez, Hamilton, Hernandez-Luna, Hochberg, Howard of Travis, Johnson, King of Parker, King of Zavala, Lavender, Lozano, Lucio.

REP. CHARLIE GEREN: Is Mr. Lucio on the floor of the the House? Strike his name temporarily.

CLERK: Mallory-Caraway, Marquez, Martinez, McClendon, Menendez, Miles, Miller of Comal, Miller of Erath, Munoz, Naishtat, Paxton, Pena, Pickett, Quintanilla, Raymond, Reynolds, Rodriguez, Scott, Shelton, Smithee, Strama, Torres, Turner, Veasey, Vo, Walle, Zerwas.

REP. CHARLIE GEREN: The clerk will now read verify the nays.

CLERK: Anderson of McClendon, Anderson of Dallas, Aycock, Beck, Berman, Bonnen, Bonnen, Branch, Brown, Burkett, Cain, Cain, Callegari, Carter, Chisum, Christian, Craddick, Creighton, Fletcher, Flynn, Hardcastle, Harless, Harper-Brown, Hartnett, Hilderbran, Howard of Fort Bend, Huberty, Hughes, Hughes.

REP. CHARLIE GEREN: Is Representative Hughes on the floor of the House. Strike his name temporarily.

CLERK: Hunter, Isaac, Keffer, King of Taylor, Kleinschmidt, Kolkhorst, Kuempel, Landtroop, Lewis, Lyne, Madden, Margo, Murphy, Nash, Orr, Otto, Parker, Patrick, Perry, Phillips, Pitts, Price, Riddle, Ritter, Schwertner, Sheets, Sheffield, Simpson, Smith of Harris, Smith of Harris, Solomon, Taylor of Collin, Weber, White, Woolley, Woolley.

REP. CHARLIE GEREN: Is Ms. Woolley on the floor of the House? Strike her name temporarily.

CLERK: Workman, Zedler.

REP. CHARLIE GEREN: Verify Representative Dutton, verify Representative Hughes. Is representative Lucio on the floor of the House? Strike his name. Representative Woolley on the floor of the House? Strike her name. The following were present voting aye but their machines malfunctioned. I'm going to have work on this later. Show them voting aye: Representative Anchia, Representative *Margo. The following members were present voting no but their machines malfunctioned. Show them voting no. Paxton, Elkins, Legler. There being 66 ayes and 64 nays the motion to table prevails. The following amendment. The clerk will read the amendment.

CLERK: Amendment by Miller of Erath.

REP. CHARLIE GEREN: Chair recognizes Mr. Miller.

REP. SID MILLER: Members, I have a problem with fee bills. And this bill has fee in it. It allows counties to raise a fee of $25. I made a pledge to my constituents that when I came to this session we wouldn't be raising taxes and we wouldn't be raising fees. So what my amendment does is strikes the section that allows the assessment of a $25 fee. So if this amendment goes on this will no longer be a fee bill.

REP. CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection? Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: I have a question.

REP. CHARLIE GEREN: Would you yield, Mr. Miller?

REP. SID MILLER: I yield.

REPRESENTATIVE LARRY PHILLIPS: So, you're going take the fee off. The fee was originally $125. The committee substitute dropped it to $25.

REP. SID MILLER: My amendment dropped it to zero.

REPRESENTATIVE LARRY PHILLIPS: Does the bill require counties to do anything?

REP. SID MILLER: It is permissive. It's not an unfunded mandate.

REPRESENTATIVE LARRY PHILLIPS: That's what I wanted to make sure. Thank you.

REP. SID MILLER: Move adoption.

REP. CHARLIE GEREN: Mrs. Farrar, for what purpose?

REP. JESSICA FARRAR: Mr. Speaker, would the gentleman yield?

REP. CHARLIE GEREN: Would you yield Mr. Miller?

REP. SID MILLER: I yield.

REP. JESSICA FARRAR: Mr. Miller, yesterday on Mr. Hardcastle's vote creating an agricultural fee, did you vote for that or against that?

REP. SID MILLER: I voted against the fee bill to have the Texas Department of Agriculture and I was amended Hardcastle's bill. And today I voted against it. They were both fee bills.

REP. JESSICA FARRAR: Okay. And this fee that you're talking about it used to be $125 and then it was reduced in this bill to $25 and you still have a problem with it. Okay. Thank you.

REP. SID MILLER: That's, correct.

REP. CHARLIE GEREN: Members, the amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Ms. Marquez to close.

REP. MARISA MARQUEZ: I close and with that I move passage. I want to thank Representative Miller. I want to thank Representative Chisum. I want to thank all of those that were involved in this process. I think we came up with a very good bill. A bill that we can all be proud to take back to our districts and with that I move passage.

REP. RANDY WEBER: Would the gentle lady yield?

REP. CHARLIE GEREN: Do you yield Ms. Marquez?

REP. MARISA MARQUEZ: I yield.

REP. RANDY WEBER: Representative, I appreciate our brother Sid's comments earlier about him taking the fees off the amendment and that's a good thing and I appreciate his comments. You heard his comments, I take it.

REP. MARISA MARQUEZ: I was standing right next him. Yes, sir.

REP. RANDY WEBER: He was elected and he promised his constituents no new fees. Have you considered the fact that also constituents don't want expanded government in almost every instance or any instance I should say and this is an instance of expanding government control at the county level.

REP. MARISA MARQUEZ: Mr. Weber, we have had this discussion already. We have had this argument and to be respectful of the House's time I know there's other bills that they want to get to. We've done everything we could in the amendments. It's acceptable and so I would move passage.

REP. RANDY WEBER: And so you want to cut off my questions.

REP. MARISA MARQUEZ: Well, yes.

REP. RANDY WEBER: I'm going to allow you to do that to get through this debate. Good luck.

REP. MARISA MARQUEZ: Thank you, Mr. Weber.

REP. CHARLIE GEREN: Anyone want to speak on, for, or against the bill. If not the question occurs on passage to engrossment of House Bill 1649. Record vote is requested, record vote the granted. Clerk will ring the bell. Have all members voted? Have all members voted? There being 81 ayes, 56 nays. Senate Bill passes to engrossment. Please excuse Representative Lucio on important business on motion of Representative Anchia. Please excuse Representative Sheets to the Insurance Committee by Representative Anderson. Chair recognizes Mr. Madden.

REPRESENTATIVE JERRY MADDEN: Thank you, Mr. Speaker. First of all I need to announce that the public hearing scheduled for this evening for the corrections committee is canceled.

REP. CHARLIE GEREN: The following -- excuse me. Members you heard the motion. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE JERRY MADDEN: Mr. Speaker.

REP. CHARLIE GEREN: Chair recognizes Mr. Madden.

REPRESENTATIVE JERRY MADDEN: Thank you, Mr. Speaker. I request permission for the Committee on Correction to meet while the House is in session at diner recess today, Wednesday May the 4th, 2011 at desk 50 to consider Senate Bill 880, Senate Bill 53, house Bill 3829 and pending business.

REP. CHARLIE GEREN: Members, you heard the motion. Is there any objection? Chair hears none. the motion is adopted. Clerk will read the following announcements.

CLERK: The Committee on Corrections will meet during dinner recess today Wednesday, May 4th, 2011 at desk No. 50. This will be a formal meeting to consider SB 880, SB 953, HB 3829 and pending business.

REP. CHARLIE GEREN: Members, the House will stand in recess until 7:00 o'clock and we will be back at 7:00 tonight. I'm not providing supper. We've got some committees out. Members we've -- you've got 30 minutes. Chair lays out House Bill 1772. Clerk will read the bill.

CLERK: HB 1772 by Taylor. Relating to the regulation of certain benefit plans.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you, members. This bill is from Representative Taylor and it relates to certain benefit plans relating to exclusive provider benefit plans and other aspects of insurance law. I would move passage.

REPRESENTATIVE CHARLIE GEREN: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Taylor of Galveston.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Members, this is a clarifying amendment to the bill and I would move adoption. It is acceptable to the author.

REPRESENTATIVE CHARLIE GEREN: The amendment is acceptable to the author. Is there any objection. Chair hears none. The amendment is adopted.

REPRESENTATIVE LARRY PHILLIPS: I move adoption or move passage.

REPRESENTATIVE CHARLIE GEREN: Is there anyone wishing to speak for, on, or against House Bill 1772. The question occurs on passage of House Bill 1772. All in favor say aye, opposed nay. The ayes have it. House Bill 1772 passes to engrossment. Madam doorkeeper.

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

REPRESENTATIVE CHARLIE GEREN: What color are the bill backs? 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 action. The Senate has passed the following measure SB 1664 Duncan, relating to the --

REPRESENTATIVE CHARLIE GEREN: Chair lays out House Bill 1813. Clerk will read the bill.

CLERK: HB 1813 by Phillips. Relating to the beneficiaries of a trust who are entitled to demand an accounting from the trustee.

REPRESENTATIVE CHARLIE GEREN: Chair recognizes Mr. Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you. This bill deals with beneficiary to a trust code and it just allows them to request an accounting. There was some issues that were raised during the committee and we narrowed it down. They wanted us to take the language and put it down towards only the accounting section when we defined contingent beneficiaries.

REPRESENTATIVE CHARLIE GEREN: Mr. Weber for what purpose?

REPRESENTATIVE RANDY WEBER: Will the gentleman yield?

REPRESENTATIVE CHARLIE GEREN: Would you yield?

REPRESENTATIVE LARRY PHILLIPS: I'd be glad to yield.

REPRESENTATIVE RANDY WEBER: Larry, tell us what your bill is doing or fixing, would you please?

REPRESENTATIVE LARRY PHILLIPS: Yeah. What it does is, currently beneficiary is defined in a statute --

REPRESENTATIVE CHARLIE GEREN: Go ahead Mr. Phillips. If they need to address you they can come to the microphone.

REPRESENTATIVE LARRY PHILLIPS: A beneficiary can -- what this does is it defines -- it clearly defines that a contingent beneficiary is allowed to ask for an accounting of a trust.

REPRESENTATIVE RANDY WEBER: And how would you define a contingent beneficiary.

REPRESENTATIVE LARRY PHILLIPS: A contingent beneficiary.

REPRESENTATIVE RANDY WEBER: Give me an example, please.

REPRESENTATIVE LARRY PHILLIPS: Well, let's say that there's a trustee -- let's say that grandma sets up an account and the son is the trustee and the mother -- the grandmother is the beneficiary or the mother would be beneficiary and the rest of the children will be contingent beneficiaries because they would receive once mother is deceased and this would allow the contingent beneficiaries to make sure that the trust is being maintained properly.

REPRESENTATIVE RANDY WEBER: So even though they are not named.

REPRESENTATIVE LARRY PHILLIPS: They are named in the trust.

REPRESENTATIVE RANDY WEBER: Oh, they are named in the trust.

REPRESENTATIVE LARRY PHILLIPS: Yeah.

REPRESENTATIVE RANDY WEBER: How are they contingent beneficiaries then.

REPRESENTATIVE LARRY PHILLIPS: They are contingent because they may not have a present interest. It depends on whether it's a revocable or irrevocable trust.

REPRESENTATIVE RANDY WEBER: Okay.

REPRESENTATIVE LARRY PHILLIPS: And so they either have present contingent beneficiary or future -- future qualifying contingent beneficiary.

REPRESENTATIVE RANDY WEBER: Does that create a problem for the -- what do you call a trust manager or trust --

REPRESENTATIVE LARRY PHILLIPS: I don't what you mean.

REPRESENTATIVE RANDY WEBER: Someone who administers a trust.

REPRESENTATIVE LARRY PHILLIPS: A trustee.

REPRESENTATIVE RANDY WEBER: The trustee. Does that create a problem for the trustee if they come in and request an accounting.

REPRESENTATIVE LARRY PHILLIPS: No. They would have to provide the accounting.

REPRESENTATIVE RANDY WEBER: They have to provide the accounting. Okay. Was this bill brought to you by industry or how did you come by this bill.

REPRESENTATIVE LARRY PHILLIPS: No. It's through my practice of seeing this come up in different issues. Good example is, what this is going allow for us -- and I think it's currently the law right now but we're just clarifying to make sure that a contingent beneficiary does have a right and standing to ask for an accounting.

REPRESENTATIVE RANDY WEBER: And so, the contingent beneficiary is named in this trust.

REPRESENTATIVE LARRY PHILLIPS: Oh, yeah absolutely. You can't be a contingent beneficiary unless you're named in it. It could be a -- it could be the Texas Tech University. It could be it -- I mean it could be an institution that's named or it could be somebody, you know, a natural born person.

REPRESENTATIVE RANDY WEBER: That would be a beneficiary upon the time of the actual passing of the person that established the trust.

REPRESENTATIVE LARRY PHILLIPS: Well, no the trustor, yes.

REPRESENTATIVE RANDY WEBER: Okay. And in your instance decided the university can come in and say we want accounting.

REPRESENTATIVE LARRY PHILLIPS: Yes.

REPRESENTATIVE RANDY WEBER: Okay.

REPRESENTATIVE LARRY PHILLIPS: If those assets appear to be wasted or there's a problem that's exactly right.

REPRESENTATIVE RANDY WEBER: Would you guess or would you have an estimation of when they ask for an accounting does that mean a licensed CPA firm or independent auditor.

REPRESENTATIVE LARRY PHILLIPS: No. It sets out -- the code is pretty specific on what it requires. It just makes sure they get an accounting of the proceeds that have come in and have gone out to make sure that you don't have wasting assets of the trust.

REPRESENTATIVE RANDY WEBER: Okay. And so there's not a cost involved.

REPRESENTATIVE LARRY PHILLIPS: There could be a cost involved but if they're already providing an accounting to other people there wouldn't be -- they should be keeping these records they have to make -- I mean if they're not keeping these kind of records then there's probably a problem with that trust management anyway.

REPRESENTATIVE RANDY WEBER: Okay. When a contingent beneficiary comes in and demands accounting do they just typically accept whatever records the trustors the trustee provides.

REPRESENTATIVE LARRY PHILLIPS: It's fairly standard. That's exactly right. Then there's a question if they're not willing to show that there may be a question of where those investments are going.

REPRESENTATIVE RANDY WEBER: I'm sorry what do you mean by that?

REPRESENTATIVE LARRY PHILLIPS: What do you mean?

REPRESENTATIVE RANDY WEBER: You said if they are not willing to show where the investments are going but if they're doing an accounting that is showing where investments are going.

REPRESENTATIVE LARRY PHILLIPS: Right. But you're saying if they're not willing to provide information -- maybe I misunderstood your question.

REPRESENTATIVE RANDY WEBER: What I said was if they don't trust the trustee and the trustee says here's the accounting. What if they don't agree with that accounting. What if they want to go deeper. Do they have the right, at the trustee's expense, to have an independent auditor to come in.

REPRESENTATIVE LARRY PHILLIPS: No. This doesn't allow for an audit. It allows them to comply with the trust code which is this which is -- this is set standard, set law --

REPRESENTATIVE RANDY WEBER: Okay.

REPRESENTATIVE LARRY PHILLIPS: -- of what they can require.

REPRESENTATIVE RANDY WEBER: Okay. Thank you.

REPRESENTATIVE LARRY PHILLIPS: And I'm not trying to set further requirements.

REPRESENTATIVE RANDY WEBER: Those are just some questions.

REPRESENTATIVE LARRY PHILLIPS: There is fairly standard form in saying what's going in and going out.

REPRESENTATIVE RANDY WEBER: I'm just a little wary to have the idea of somebody that didn't have a standing to use the attorney's term I guess. But you're saying that contingent beneficiaries have standing because they're named.

REPRESENTATIVE LARRY PHILLIPS: Right. They're name is in there. They're an interested person. In fact it clearly says in the accounting that an interested person can.

REPRESENTATIVE RANDY WEBER: An interested person can come in and ask for accounting.

REPRESENTATIVE LARRY PHILLIPS: Pardon me, yes.

REPRESENTATIVE RANDY WEBER: But that's not in your bill.

REPRESENTATIVE LARRY PHILLIPS: No, that's current law.

REPRESENTATIVE RANDY WEBER: Okay. Thank you, Larry.

REPRESENTATIVE CHARLIE GEREN: Mr. Otto, for what purpose?

REPRESENTATIVE JOHN OTTO: Would the gentleman yield for questions?

REPRESENTATIVE LARRY PHILLIPS: Be glad to.

REPRESENTATIVE JOHN OTTO: Mr. Phillips, is your bill essentially trying to make sure that in statute a contingent beneficiary has the same right as a named beneficiary for purposes of accounting.

REPRESENTATIVE LARRY PHILLIPS: They are named as a contingent beneficiary. So they would actually be named in there. I'm just trying to make it clear that whenever -- you got to go back. When a beneficiary is called and it's anybody with an interest in the trust. Okay. And I'm just trying to make sure it's clear that it includes that is someone that is a contingent regardless of whether they are presently vested interest or not. A contingent beneficiary is somebody that can receive.

REPRESENTATIVE JOHN OTTO: I know what a contingent beneficiary is. Can you tell me why you did not have one witness testifying for the bill but several that were testifying against.

REPRESENTATIVE LARRY PHILLIPS: Right. But the concern that came some of the banks had a concern that a trustee that we were changing the definition of the Section 111.0004. And so, in working with them we -- the substitute took that out and it only put this language in the demand for accounting section. That was their main problem they were concerned that we were expanding the definition and they didn't want that in the beneficiary aspect of it. So that's why I took their amendment and we worked on that language and that's why the substitute and as you can read in the HRO report that's what the substitute language does.

REPRESENTATIVE JOHN OTTO: So, you're saying with this amendment these witnesses the issues they had that were testifying against would no longer have an issue with your bill.

REPRESENTATIVE LARRY PHILLIPS: Yes. But let me be clear. At the same time, they may have to -- depending on what courts interpret the law now or not and, again, I don't think there is case law on this. They may say that maybe an expense that they may not necessarily want to do but their main problem was addressed.

REPRESENTATIVE JOHN OTTO: You are aware that a lot of times in trusts that involves families where their is a dispute going on that a lot of times you could have let's say strife between the contingent beneficiaries and those that are primary beneficiaries. Do you think that your bill in anyway would increase -- what I'm concerned about here is the trustee getting caught in the middle.

REPRESENTATIVE LARRY PHILLIPS: Right. It depends on who the trustee is. And typically as far as what type of trustee they are, they are going to follow their duties. If they are most institutional trustees I don't think they are going to get caught in the middle. They are going to follow what the law is. And when you have a concern -- those typically come up when you have a parent or a whoever set up the trust --

REPRESENTATIVE JOHN OTTO: My concerns --

REPRESENTATIVE LARRY PHILLIPS: No. No. Let me explain it.

REPRESENTATIVE JOHN OTTO: My only question is, is now -- are we giving contingent beneficiaries any powers other than to ask for an accounting.

REPRESENTATIVE LARRY PHILLIPS: Right. I think that -- let me explain it. I think what you're doing is you're providing more information which will reduce conflict. And further in the situation -- if someone has a revocable trust and you go in and you say I want an accounting, they can change -- they can change that trust. Most people are not going to go in and say I want to do this for the heck of it. They got to have a pretty much a good reason that maybe -- maybe the trustee the mother, the grandmother --

SPEAKER OF THE HOUSE: Representative Sheets raises a point of order that this gentleman's time has expired. The point of order is well taken and sustained.

REPRESENTATIVE PHIL KING: Mr. Speaker.

SPEAKER OF THE HOUSE: For what purpose?

REPRESENTATIVE PHIL KING: Would the gentleman extend his time?

REPRESENTATIVE LARRY PHILLIPS: Yes, be glad to.

SPEAKER OF THE HOUSE: Members, this is the first extension of time. Is there any objection? Chair hears none.

REPRESENTATIVE PHIL KING: Chairman, let me give you a scenario and ask if this would apply. And as you know a lot of these trusts are privately held trusts. They are not publicly managed. They are not professionally managed. It's a grandfather setting up the trust for the kids and the grandkids and the great grandkids. So let me ask you in a situation like this lets pretend -- let's just say that my dad set up a trust for the family and it's just his estate planning tool. As contingent beneficiaries the grandchildren or his grandchildren through my brother and his wife and then let's suggest that my brother and his wife divorce as often happens and the children, of course, are in the custody and under the guardianship, of course, of their mother who is now not a part of the family. Under this would she acting as guardian for those grandbabies have a right to demand an accounting of my father's trust.

REPRESENTATIVE LARRY PHILLIPS: Typically in that situation the standard divorce decree the promulgated family law practice does not allow them to manage estate as it relates to the other parties families. So that's really not an issue.

REPRESENTATIVE PHIL KING: I guess that's my question. If I'm correct under your bill contingent beneficiaries would be entitled to an accounting; is that right?

REPRESENTATIVE LARRY PHILLIPS: Correct.

REPRESENTATIVE PHIL KING: And so a guardian of a contingent beneficiary would have standing to bring that accounting request.

REPRESENTATIVE LARRY PHILLIPS: A guardian of that contingent would possibly, yes. But that wouldn't be but when someone gets a divorce it's not a guardianship.

REPRESENTATIVE PHIL KING: Well, they are at law any parent is the guardian of their child for the purposes --

REPRESENTATIVE LARRY PHILLIPS: But the divorce decree specifically sets that out. And a standard divorce decree has provisions that says that limits it.

REPRESENTATIVE PHIL KING: Conservatorship.

REPRESENTATIVE LARRY PHILLIPS: Right. Conservatorship has the rights and duty. Those rights and duties are not awarded in that situation.

REPRESENTATIVE PHIL KING: I get that. What I'm thinking is that what your bill would allow to happen is that ex-daughter-in-law or ex-son-in-law on behalf of the children which are the grandchildren of the settler, the grantor, would be able to request an accounting, the way I understand it.

REPRESENTATIVE LARRY PHILLIPS: Well, in that situation if the divorce decree is silent about that but the standard divorce decree is not.

REPRESENTATIVE PHIL KING: Once you take it outside of a divorce decree you're setting up law that's kind outside of all that and you're creating a new right for a contingent beneficiary.

REPRESENTATIVE LARRY PHILLIPS: I'm not creating a new right for a contingent beneficiary right. I'm just making it clear.

REPRESENTATIVE PHIL KING: But you're putting in statute that a contingent beneficiary --

REPRESENTATIVE LARRY PHILLIPS: If you go look at the statute -- if you go look at the statute I think it's pretty clear they're entitled to. I'm just going to make sure there's no question about it.

REPRESENTATIVE PHIL KING: Okay. Thank you.

REPRESENTATIVE LARRY PHILLIPS: You bet.

REPRESENTATIVE TAN PARKER: Mr. Speaker, would the gentleman yield?

REPRESENTATIVE LARRY PHILLIPS: I'd be glad to.

REPRESENTATIVE TAN PARKER: Thank you, Chairman Phillips.

SPEAKER OF THE HOUSE: Does the gentleman yield? He yields.

REPRESENTATIVE TAN PARKER: Thank you, Chairman Phillips. This is a quick question. I know you were asked earlier about the various witnesses that participated in that original hearing. And I know that you worked on a substitute that now has corrected, I guess, a lot of those. But specifically, Chairman Phillips, can you give me feedback as to the kind of direction now that the Texas Banker's Association or Wells Fargo or Frost Bank or some of the banks that originally opposed the bill, can you tell me how they feel about the substitute and in particular the Texas Banker's Association so I have better feel for it.

REPRESENTATIVE LARRY PHILLIPS: Say that again. I'm having a hard time hearing you. I believe I addressed their issue as related to that.

REPRESENTATIVE TAN PARKER: So, you've not gotten any further feedback about their concerns or issues at this point?

REPRESENTATIVE LARRY PHILLIPS: No. And I would certainly if they did before third reading I would certainly try to clarify anything they did. But that's why we changed and substituted and I think we addressed the concerns that they brought to us.

REPRESENTATIVE TAN PARKER: Very good. Thank you, Chairman Phillips.

REPRESENTATIVE LARRY PHILLIPS: Move passage.

SPEAKER OF THE HOUSE: Anyone wishing to speak on, for, or against House Bill 1813. If not a record vote has been requested. A record vote has been granted. Question on passage to engrossment House Bill 1813, members. Clerk will ring the bell. Have all members voted? Have all members voted? Have all members voted? Take your time, members. There being 59 ayes, 68 nays. 1858[sic] fails to pass to engrossment. Chair lays out on second reading House Bill 1821. Clerk will read the bill.

CLERK: HB 1821 by Anderson of Dallas. Relating to the delivery of subdivision information by a property owners' association to purchasers.

SPEAKER OF THE HOUSE: Chair recognizes Representative Anderson.

REPRESENTATIVE RODNEY ANDERSON: Thank you, Mr. Speaker, members. This is allows a buyer in a home transaction to order and pay for a resale certificate from a homeowner's association. I do have a floor substitute to accommodate a request by a couple of stakeholders to provide language that conforms to existing statute.

SPEAKER OF THE HOUSE: Following amendment. The clerk will read the amendment.

CLERK: Amendment by Anderson of Dallas.

SPEAKER OF THE HOUSE: Chair recognizes Representative Anderson.

REPRESENTATIVE RODNEY ANDERSON: The amendment is acceptable to the author. Move passage.

REP. PETE P. GALLEGO: Mr. Speaker.

SPEAKER OF THE HOUSE: For what purpose?

REP. PETE P. GALLEGO: Will the gentleman yield for a question?

SPEAKER OF THE HOUSE: Gentleman yields.

REPRESENTATIVE RODNEY ANDERSON: Yes, for a question.

SPEAKER OF THE HOUSE: Gentleman yields.

REP. PETE P. GALLEGO: Mr. Anderson, did you indicate that your amendment was complete substitute for the bill that you originally filed.

REPRESENTATIVE RODNEY ANDERSON: Yes, sir.

REP. PETE P. GALLEGO: Was that previously filed? I think -- I guess I'm curious as to what the changes are, if you needed a complete substitute because we've read the bill as filed and normally I thought complete substitutes had to be filed.

REPRESENTATIVE RODNEY ANDERSON: When I say complete substitute -- the only change is that there was a -- the original committee substitute did not require the -- it required that the party requesting a disclosure statement to pay -- to pay for that disclosure statement which is in direct conflict with the tract contract which makes it a negotiable item. And so, it provides for either the buyer or the seller to pay for them.

REP. PETE P. GALLEGO: And that's really the only change?

REPRESENTATIVE RODNEY ANDERSON: Yes, sir.

REP. PETE P. GALLEGO: Okay. Thank you.

REPRESENTATIVE RODNEY ANDERSON: Move adoption.

SPEAKER OF THE HOUSE: Representative Anderson sends up an amendment. Amendment is acceptable to the author. Is there objection? Chair hears none. So ordered. Is anyone wishing to speak on, for, or against House Bill 1821. If not chair recognizes Representative Anderson.

REPRESENTATIVE RODNEY ANDERSON: Move adoption.

SPEAKER OF THE HOUSE: Members, the question occurs on passage of House Bill 1821 to engrossment. All those in favor say aye, opposed say nay. Ayes have it. 1821 passes to engrossment. Chair lays out House Bill 1840. The clerk will read the bill.

CLERK: HB1840 by Phillips. Relating to the creation and functions of the Texas Grain Producer Indemnity Board.

SPEAKER OF THE HOUSE: Chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you. Let's hope we do a little bit better on this one. Members, this bill came about as a result of some pretty major lawsuits in our agriculture community and that resulted right before Christmas. We had several -- but we had several grain silos go bankrupt basically and left our farmers who had toiled the soil and brought their grain and put it in -- left them without any recovery. And what this bill does is it addresses a concern that we have had for the last several years where we have grain silos that have gone belly up so to speak. What we've done is the industry, the agriculture community and you'll see those that support it and we've got some here. Farm Bureau, different associations have come together and they have asked us to allow them to create what is called the grain indemnity fund which other states have done. And so that's what we're doing. We're setting up a fund and it's going to be determined first, we are going to have an election whether we're going to do this. It's going to be run by the Agricultural Commissioner and then after that and they'll set a minimum and maximum --

REPRESENTATIVE SID MILLER: Mr. Speaker.

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

REPRESENTATIVE SID MILLER: Would the gentleman yield for a quick question?

SPEAKER OF THE HOUSE: Would the gentleman yield?

REPRESENTATIVE LARRY PHILLIPS: Be glad to yield.

REPRESENTATIVE SID MILLER: Representative Phillips, does this bill have any fees in it.

REPRESENTATIVE LARRY PHILLIPS: No, it doesn't have any fees. What it does is it allows the producers, those are our farmers, they're called producers. Most of them are small community -- small farmers in our community that allows them to voluntarily become part of this fund. And there will be a certain amount of per bushel that will go into this fund. That will be managed for them and that upon a loss, a tragic loss in any of these grain warehouses it allows them to apply and try to recover from that. And it's kind of a claims process set up. The bonds that we require on those warehouses are not sufficient to cover the actual grain that they loose. I want to appreciate Chairman Hardcastle for his hard work on this legislation. Those like Doc Anderson and others on the committee. Mr. Landtroop, those joint authors that have helped us work and create this. I do have one amendment or I don't have an amendment but Mr. Gallego was pleased to bring me an amendment that would make it a better bill and --

SPEAKER OF THE HOUSE: Following amendment. The clerk will read the amendment.

CLERK: Amendment by Gallego.

SPEAKER OF THE HOUSE: Chair recognizes Representative Gallego.

REP. PETE P. GALLEGO: Thank you, Mr. Speaker. This amendment would provide for an annual report that contains a summary of the board's activities and a review of the boards effectiveness. And it particularly requires that that report be posted online for public viewing. There is an amendment to the amendment. I originally drafted the amendment as the report going to the controller but Mr. Phillips requested that it go to the Commissioner of Agriculture and so there's an amendment to the amendment that changes the comptroller out and makes it the ag commissioner.

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

CLERK: Amendment to the amendment by Gallego.

SPEAKER OF THE HOUSE: Chair recognizes Representative Gallego.

REP. PETE P. GALLEGO: Thank you, Mr. Speaker. This is the amendment changing out the ag commissioner changing out the comptroller for the ag commissioner and it is acceptable to the author.

SPEAKER OF THE HOUSE: The amendment to the amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted.

REPRESENTATIVE LARRY PHILLIPS: I appreciate your support and move --

SPEAKER OF THE HOUSE: Chair recognizes Representative Gallego.

REP. PETE P. GALLEGO: Thank you, Mr. Speaker. I move adoption of the amendment as amended.

SPEAKER OF THE HOUSE: The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted.

REP. BORRIS MILES: Mr. Speaker.

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

REP. BORRIS MILES: Will the gentleman yield?

SPEAKER OF THE HOUSE: Do you yield?

REPRESENTATIVE LARRY PHILLIPS: Certainly.

REP. BORRIS MILES: Mr. Phillips, you're industry is basically self-insuring its own product; is that correct?

REPRESENTATIVE LARRY PHILLIPS: That is correct.

REP. BORRIS MILES: There's no fiscal note involved and no fees to the state.

REPRESENTATIVE LARRY PHILLIPS: None, whatsoever.

REP. BORRIS MILES: You're basically looking out for your own industry. Self-insuring, making sure that your product is taken care of amongst it's own industry; is that correct.

REPRESENTATIVE LARRY PHILLIPS: Right. And I appreciate your support and help on this legislation. And you'll see as we know the HRO -- we also I don't see Winford. Is Winford up here anywhere. He worked with some of the different industry to also help us get past some of the concerns that were had and it brought all of the industry together.

REP. BORRIS MILES: And this came as a result of some farmers that stored their grain with different backs and the grain was either stolen or damaged by weather or by some kind of elements; is that correct?

REPRESENTATIVE LARRY PHILLIPS: Yes, primarily though it was sold and the proceeds were not given.

REP. BORRIS MILES: It was sold? So you would admit that there's some thieving out there in the country as well, right?

REPRESENTATIVE LARRY PHILLIPS: Well, I think that it applies to everywhere and lot of it's not -- I don't think it's intentional as they get under capitalized and they start trying to move stuff here and with the commodity prices -- so they can end so quickly.

REP. BORRIS MILES: I respect your industry being self-contained and standing on its own. You've got a good bill.

REPRESENTATIVE DAVID SIMPSON: Mr. Speaker.

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

REPRESENTATIVE DAVID SIMPSON: To ask a question.

REPRESENTATIVE LARRY PHILLIPS: Yes.

SPEAKER OF THE HOUSE: The chairman yields for a brief question.

REPRESENTATIVE DAVID SIMPSON: Thank you, Chairman Phillips. It sounds like y'all have a good program going here but I just wonder why the state needs to be involved? Why can't this be done with private insurance and without government.

REPRESENTATIVE LARRY PHILLIPS: Well, it would be great if we could but I think the model around the nation is kind of set up with what we call a hybrid. And we want to make sure that it provides some extra protection and confidence from the industry and from the producers if the government is involved. This is a huge asset to us and if we don't protect our farmers and work with them -- and again this is them asking us. They came to us to help set this up. It provides some protection. That's why we originally set it up where it would be within the agriculture -- Department of Agriculture and we moved it to where it would be a separate entity outside of it.

REPRESENTATIVE DAVID SIMPSON: All right. Thank you.

SPEAKER OF THE HOUSE: Is anyone else wishing --

UNIDENTIFIED MAN SPEAKER: Mr. Speaker.

SPEAKER OF THE HOUSE: For what purpose?

UNIDENTIFIED MAN SPEAKER: Would the gentleman yield?

REPRESENTATIVE LARRY PHILLIPS: Be glad to.

SPEAKER OF THE HOUSE: Gentleman yields.

UNIDENTIFIED MAN SPEAKER: Larry, I'm still kind of confused on this. Are you aware that the grain, the crops for feed that sort of thing -- am I correct that it's mostly in west Texas that has received the Federal benefits each year. You hear the stories of don't grow this you get paid. Grow this you get paid. That's to the grain growers the ones that produce the grain and grow it; is that correct?

REPRESENTATIVE LARRY PHILLIPS: I don't know about Federal programs like that.

UNIDENTIFIED MAN SPEAKER: Let me tell you that it is.

REPRESENTATIVE LARRY PHILLIPS: Okay.

UNIDENTIFIED MAN SPEAKER: And most of -- what I'm concerned about mostly the parts of the state the eastern part of the state that raises the chickens and the cows buy the grain at close to retail after the benefits for decades have gone to the growers of feeding grain from the Feds. So it does concern me that now again the retail price will increase to my chicken and cow and pig and other of those producers in my part of the world and the insurance is going over again to the same folks that have been getting the benefits all these years. So it's kind of a displacement of risk on the backs of the purchasers here. So that concerns me.

REPRESENTATIVE LARRY PHILLIPS: I think it's beyond that. It's beyond all of that Mr. Christian.

REPRESENTATIVE WAYNE CHRISTIAN: Okay.

REPRESENTATIVE LARRY PHILLIPS: If we don't have producers left because they can't afford to stay in business the cost goes up I promise you because of the failure and it's millions. Ten millions of dollars, the banks go under, the farmers go under, the implements can't be paid.

REPRESENTATIVE WAYNE CHRISTIAN: But there are going to be causes for that. The ethanol laws passed by the Federal government that increased the grain cost significantly to these people.

REPRESENTATIVE LARRY PHILLIPS: You're getting a far afield from what we're doing. But I don't know --

REPRESENTATIVE WAYNE CHRISTIAN: I agree. There's a lot more to the story on why we're in the mess that we're in. And it's because the purchasers of these products have been bailing out the other parts for all these years. And I'm concerned here we go again but now that the subsidies didn't work in bailing them out from this time. I appreciate your consideration.

REPRESENTATIVE LARRY PHILLIPS: Thank you. And I appreciate those concerns. I would move passage.

SPEAKER OF THE HOUSE: Representative Phillips for passage to engrossment of House Bill 1840. All in favor say aye, opposed nay. Ayes have it. 1840 passes to engrossment. Chair recognizes Representative Hunter for an announcement.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I request permission for the Committee on Calendars to meet at 7:45 p.m. today May 4th in 3W9 to consider a calendar.

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

CLERK: The Committee on Calendar will meet at 7:45 p.m. on May the 4th, 2011 at 3W.9. This will be a formal meeting to consider a calendar.

SPEAKER OF THE HOUSE: Chair lays out House Bill 1783 on second reading. Chair recognizes representative Giddings.

REP. HELEN GIDDINGS: Mr. Speaker the Senate Bill is over and eligible.

SPEAKER OF THE HOUSE: Members, the Senate companion to House Bill 1873 is over and eligible. Accordingly the chair lays out Senate Bill 748. The clerk will read the bill.

CLERK: SB 748 by Carona. Relating to business entities and associations.

SPEAKER OF THE HOUSE: Chair recognizes Representative Giddings.

REP. HELEN GIDDINGS: Thank you very much, Mr. Speaker and members. This bill has to do with the Texas business organization's code which was enacted in 2003 and took effect in 2006. The business organization's code codified prior source laws pertaining to businesses. In 2005, 2007, and 2009 the legislature addressed concerns raised during the initial review period and the first years of operation. Effective January 1st, 2010 the underlying source laws were repealed and the transition to exclusive use of the business organization's code was complete. Today we have changes that have been recommended to us by the Texas State Bar, the foundation law, and the Secretary of State as they've come up with issues that appear to be problematic. I do want to point out that the House Research Organization has an error in it. It indicates that this bill eliminates the requirement to hold an annual meeting for a nonprofits and in fact it does not.

SPEAKER OF THE HOUSE: For what purpose?

REPRESENTATIVE JESSICA FARRAR: Will the gentle lady yield?

SPEAKER OF THE HOUSE: Will the gentle lady yield?

REP. HELEN GIDDINGS: I yield.

REPRESENTATIVE JESSICA FARRAR: I'm so glad mentioned that because I work with a lot of nonprofits and so I was wondering about that item in the HRO. Can you tell me what the bill does to nonprofits?

REP. HELEN GIDDINGS: Well, basically the changes have to do with charging orders and it expands current law to allow charging orders for general partnership interest. It has to do with insurance requirements which, as you probably know, Texas was the first state to implement a limited liability partnership and the Texas statute therefore has always included requirements that certain forms of insurance be provided. This bill eliminates that antiquated insurance requirement because no other state has it. It has to do with the transfer of LLC interest. It has to do with interested directors. The bill clarifies that where there is an informed board, committee, or stockholder if they approve what would be considered and interested transaction that transaction does not become void or voidable through operation of the common law. Also it clarifies that this section applies both to managers and directors as well as their affiliates. An associate and the other change has to do with LLC, access to LLC book. So particularly as it relates to nonprofits Representative Farrar I don't know of anything specific.

REPRESENTATIVE JESSICA FARRAR: Okay. That was one of my concerns. So what precipitated these changes, if it was supposed to be technical. It seems like it's pretty far reaching.

REP. HELEN GIDDINGS: Well, as you know, I think you were here at the time. In 2003 I carried a 900 page bill that codified the law. And it changed this from the various act -- business act over to the business organization's code. We left that law in place until 2010 so that we would have plenty of time to work out any bugs and over that period of time the Texas Business Law Foundation and the Secretary of State as they have come up with issues that have confronted businesses that may have been proved problematic they have worked together to come up with various changes.

REPRESENTATIVE JESSICA FARRAR: Okay. So, to clarify though, your bill does nothing at all to nonprofits? It doesn't effect them at all?

REP. HELEN GIDDINGS: It doesn't change them in any way I don't believe. There was at one time in the original bill an amendment to allow them to meet less regularly than once a year, if they chose to do so. The Business and Industry Committee did not believe that that was probably the best -- in the best interest of everybody. And so, that change was made and the amendment was made in committee.

REPRESENTATIVE JESSICA FARRAR: So in the original bill you had that and then the bill was amended or substituted in committee.

REP. HELEN GIDDINGS: It was a committee -- it was amended. It was an amendment.

REPRESENTATIVE JESSICA FARRAR: I see. In other words, nonprofits stay the same.

REP. HELEN GIDDINGS: Nonprofits stay the same. There's no effect. The effect, again, as I said very transparently the notation in the House Research Organization has to do with the original bill.

REPRESENTATIVE JESSICA FARRAR: Right. That caused me alarm. Thank you very much.

REP. HELEN GIDDINGS: You're quite welcome.

SPEAKER OF THE HOUSE: Representative Garza, for what purpose?

REP. JOHN V. GARZA: Just a few questions if the gentle lady would yield?

SPEAKER OF THE HOUSE: Do you yield.

REP. HELEN GIDDINGS: I yield.

SPEAKER OF THE HOUSE: She yields for a few questions.

REP. JOHN V. GARZA: Representative Giddings, I know this is a 67 page bill which deals with all sorts of changes to business organization codes and corporations, LLC's, partnerships. I know you had the state bar committees and basically a clean up bill from the 2004 reform bill.

REP. HELEN GIDDINGS: Yes.

REP. JOHN V. GARZA: Not being able to evaluate all the changes I just wanted to clarify what supports you have on this legislature.

REP. HELEN GIDDINGS: Well, basically it's the state law business foundation that came forth. The secretary of state was also consulted and as you know with state agencies they are not either for or against bills, they are there as resource witnesses. But the state bar association -- the Secretary of States office has been very involved in this legislation. No one testified against this bill.

REP. JOHN V. GARZA: So, the Texas Association of Business and the other organizations haven't brought any opposition to this legislation?

REP. HELEN GIDDINGS: No, sir, they have not.

REP. JOHN V. GARZA: Speaker, if I could have the comments between Representative Giddings and myself reduced to writing.

JOE STRAUS: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Orr.

JOE STRAUS: Chair recognizes Representative Giddings.

REP. HELEN GIDDINGS: This is a perfecting amendment and these amendments were in the House version and now we're moving them over to the Senate version. We just struck the word limited on committee amendment No. 1 and I move adoption.

JOE STRAUS: Representative Giddings sends up an amendment. The amendment is acceptable to the author. Chair hears none. The amendment is adopted. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Orr.

JOE STRAUS: Chair recognizes Representative Giddings.

REP. HELEN GIDDINGS: Now, members, let me say that I have been a little bit confused Representative Farrar. We made these changes in the bill in the House Bill and then we adopted these committee amendments for the Senate Bill when we passed the Senate Bill so I believe they have been incorporated into the substitute but here is this particular amendment which makes clear that nonprofits still have to meet annually. Move adoption.

JOE STRAUS: Anyone wishing to speak for or against Senate Bill 748? Excuse representative -- please, excuse members of the Calendars Committee for calendar meeting on the motion of Representative Johnson. Is there objection. Chair hears none. So ordered. Question occurs on passage to engrossment of Senate Bill 748. All those in favor aye, all those opposed nay. Ayes have it. Senate Bill 748 is passed to engrossment. Chair lays out on second reading House Bill 1983. Clerk will read the bill.

CLERK: HB 1983 by Kolkhorst. Relating to certain childbirths occurring before the 39th week of gestation.

JOE STRAUS: Chair recognizes Representative Huberty.

REPRESENTATIVE DAN HUBERTY: Mr. Speaker, I move to postpone this bill until 8:00 p.m. this evening.

JOE STRAUS: Members, you've heard many motion. Is there objection? Chair hears none. So ordered. Representative Giddings moves to lay House Bill 1873 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 1985. Clerk will read the bill.

CLERK: HB 1985 by Turner.. Relating to the collection of criminal and civil court costs, fees, and fines by a municipality or county and to notice to the Department of Public Safety regarding payment of an administrative fee by certain persons denied renewal of a driver's license.

JOE STRAUS: Chair recognizes Representative Turner.

REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Speaker and members. Because the collection improvement model applies it is same rules to all levels of courts regardless of compliance rate or volume. It is inequitable to municipal courts. The collection model process they work very well for county criminal courts where additional time is given prior to the plea but is counter productive when dealing with high volume municipal courts. In comparison county courts dispose of a substantially smaller number of cases than the large volume of municipal courts. This bill is intended to address that problem and there is no opposition to this bill.

JOE STRAUS: Anyone wishing to speak for or against House Bill 1985? Question occur on passage to engrossment of House Bill 1985. All those in favor say aye, those opposed nay. The ayes have it. House Bill 1985 is passed to engrossment. Chair lays out on second reading House Bill 2038. Clerk will read the bill.

CLERK: HB 2038 by Price. Relating to prevention, treatment, and oversight of concussions affecting public school students participating in interscholastic athletics.

JOE STRAUS: Chair recognizes Representative Price. REP. WALTER "FOUR" PRICE: Thank you, Mr. Speaker, members. This is a concussion management bill for the protection of student athletes and I know we have an amendment.

JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Gonzales of Hidalgo.

JOE STRAUS: Chair recognizes Representative Gonzales.

REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker, members. This amendment names the act the Natasha's law in honor of Natasha Helnick a student of Texas State university who is actually visiting with us today and is up in the gallery with her mother, Mickey. If you want to stand Natasha so everybody can see you. We got to know Natasha through the Public Health Committee when she came to testify in favor of this bill. Natasha is a very impressive young woman who is a star athlete and who unfortunately sustained five concussions as an athlete and was hoping at one time to play with the Olympic team but her dream was no longer possible because of these concussions. And so she very strongly advocated for this bill and her motto is, when in doubt sit them out, because she wants to protect other students who unfortunately many times suffer concussions that are such great athletes and want to get back on the field and play. Now Natasha is studying to become an athletic trainer and came and has been waiting for hours to hear this bill. So I move passage of the amendment and I believe it is acceptable to the author.

JOE STRAUS: Representative Gonzales sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Chair recognizes Representative Price. REP. WALTER "FOUR" PRICE: Thank you, Mr. Speaker, members. This bill as I mentioned is a concussion management bill for the protection of student athletes. It has three main components. It has increased awareness component so that students, parents, coaches, trainers, and the staff are able to identify and recognize symptoms of concussions. Second, it removes the student from the field of play or practice if they reasonably or believe to have suffered a concussion at that time. And that immediate removal is necessary and is very important because experts have said that immediate removal presents successive concussive injuries which is really the cause of long-term damage. Third, it establishes a protocol which will be followed by the districts in terms of students safety. Which requires the student to be evaluated by a physician and ultimately cleared by a physician before they can return to practice or competition. The bill is designed purposefully to be applicable and beneficial to both urban and rural districts. It does not have a fiscal note. It passed out of Public health ten to one. No witnesses testified at our two and a half hour hearing against this bill. It enjoys broad support from the Texas Medical Association, Texas Theatric Society, TSATA and NASL. And I move passage.

JOE STRAUS: The following amendment. The clerk will read the amendment.

CLERK: Amendment by Price.

JOE STRAUS: Chair recognizes Representative Price. REP. WALTER "FOUR" PRICE: Thank you, Mr. Speaker. This amendment is a clean up amendment which was intended to remove some language directed toward the continuing education requirement in the bill. It's acceptable to the author.

JOE STRAUS: Mr. Price sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Mr. Lucio on the floor of the House? Chair recognizes Representative Price. REP. WALTER "FOUR" PRICE: Move passage.

REPRESENTATIVE JOE FARIAS: Mr. Speaker.

JOE STRAUS: Mr. Farias, for what purpose?

REPRESENTATIVE JOE FARIAS: Would the gentleman yield?

JOE STRAUS: Mr. Price do you yield? REP. WALTER "FOUR" PRICE: Yes, I yield.

REPRESENTATIVE JOE FARIAS: Mr. Price, didn't you and I meet just a few minutes ago and I mentioned to you that I would back at the back mike asking a few questions regarding your bill. REP. WALTER "FOUR" PRICE: Yes.

REPRESENTATIVE JOE FARIAS: And the reason is, concussions have always been a grave concern of mine when it comes to athletes, not just football players. But my wife and I raised four sons and they all played sports, not just baseball but basketball and football and these injuries are very serious that sometimes go undetected. And so, one of my questions is, you know, coaches when they have a star athlete on the field and they have trainers on the sidelines, sometimes they have a tendency to maybe overlook an injury that could be more serious to an athlete. Does your bill provide any mandate to the coaches and administrators because they are just as responsible as the coach on the field in protecting our athletes. And so the question is, if an individual is hurt and there is neglect by the coach by pulling him from the game or pulling her from the game, does your bill address any issues that could arise in disciplining the administrator and the coaches responsible for that young person. REP. WALTER "FOUR" PRICE: That's a good question, Representative Farias. We don't have disciplinary penalties in our bill but what we do have is a requirement that a coach is not allowed to determine when a player is eligible to return to the field of play. So once that player has been determined to suffer a concussion or reasonably believe to have suffered a concussion they are removed immediately. They are not allowed to go back to the field of play until released by the physician of their choice.

REPRESENTATIVE JOE FARIAS: During the game and there's no physician there and, you know, schools that even before all these cuts could not afford a trainer, if you have multiple schools two or three schools within a district that have one trainer for all three schools. So who on the field is going to make that decision if there's no doctor present or no trainer present. REP. WALTER "FOUR" PRICE: That injury would be treated the same way if somebody ran on the football field and broke a collarbone, broke a leg. They would be removed from the field and they would be taken and evaluated. And that would be up to the parent ultimately if that was done immediately or if that was done the next day or how long. But they will not be allowed to continue play until they have been evaluated.

REPRESENTATIVE JOE FARIAS: And who makes that decision? REP. WALTER "FOUR" PRICE: A physician of the parent's choice.

REPRESENTATIVE JOE FARIAS: But if it happens during a game. You know, when they go up they shine a light and your eyes don't dilate, they can tell right away if you have a concussion or they hold up two fingers and you say four, you don't know what day it is. That's determined on the field. REP. WALTER "FOUR" PRICE: In the bill a coach should have a physician, a licensed health care professional or the student's parent can remove them. So if they're reasonably determined to have suffered a brain injury, a concussion at that time from any of those groups of folks they can be removed and they are not allowed to return until they have been evaluated and continued through protocol.

REPRESENTATIVE JOE FARIAS: So we go back to the original question is, what happens if he does go back in the game. REP. WALTER "FOUR" PRICE: It's safety. If they don't go back in the game then we preserved their health. That public health concern has been addressed until such time until they have been evaluated. And those are really important points because brain injuries are just as important, if not more so, than the other injuries that I just discussed. The only difference is they are not detectable to the naked eye. So the symptoms and the treatment of those symptoms are easy or important to identify. And if you know what you're looking for they are easy to identify and I think that's important for the parent, the coaches. And the coaches need to be able to rely on a standard set of rules and they were some of the 14 or 15 stakeholders that helped us develop this language.

REPRESENTATIVE JOE FARIAS: And I guess one of my biggest concerns is there are school districts that don't have physicians on a field. I have been with the boys playing -- we've played other schools. Our school district when they start playing only had one trainer for all the girls and all the boys in high school. We have two high schools, four middle schools and there was one trainer. So the coaches were actually doing the evaluating on the field themselves and that's what scares me. REP. WALTER "FOUR" PRICE: We're not going to let the coaches evaluate them on the field and then allow them to go back to play. To alleviate that concern as soon as the student has been pulled from the game they must be evaluated by someone besides the coach. Now if you're in a rural community and my district is largely rural but we designed this, you know, they can adopt a protocol of someone elses district but ultimately they've got to be able to be evaluated by a physician and cleared. If they suffer a concussion -- if they have not suffered a concussion then, you know, that's different story.

REPRESENTATIVE JOE FARIAS: Let's go onto mandates in the school districts. Earlier in the day I was standing where you're standing and there were people at the back mike and you and I spoke about this a little bit. And one to have the issues with the bill I was carrying was we are sending unfunded mandates and we're actually telling the school districts what to do with their business. Now, I agree with you when it comes to child health believe me, representative, I'm on your side. How can this be an unfunded mandate or they're saying it's not an unfunded mandate but yet they are going to have to train people and do the time in order to identify these injuries. And we're telling the districts this is what you have to do, is that not governing to that district. REP. WALTER "FOUR" PRICE: It's really not because the framework is already there. We're just establishing new procedures that they must follow. They're not having to hire any additional personal or expend any additional money to train anybody. The coaches will receive training through --

REPRESENTATIVE JOE FARIAS: I understand. In my piece of legislation all it said was the committees are also there. You're establishing a new committee. There was no committee that was through evaluating. REP. WALTER "FOUR" PRICE: There is a group that will establish a protocol but a school district can adopt someone elses protocol so they don't have to form their own if they don't want to. And that's why it's important in a rural area they may wish to establish for instance Mesquite ISD's protocol. And I use that as an example because Mesquite ISD who helped us develop this language, developed a protocol that's being followed nationwide. They got over 150 different school districts that are using that now. And it includes folks in counties in Texas. There's a number of counties that are already implementing that protocol because it's good. So, if a rural district wanted to adopt their protocol they would not have to hire anybody. They would not have to establish a concussion oversight team of their own. They could perfectly use and appoint the committee that already exists in another location and that would satisfy their requirement under this bill.

REPRESENTATIVE JOE FARIAS: Now, I wish we could amend it to where administrators and coaches are held to the task of making sure these students are actually pulled from the game because as a rule I believe and you never know who's right but you always know who's in charge. And if you have an assistant coach doing the evaluating and you're the head coach you never know who is right but you always know who's in charge so. REP. WALTER "FOUR" PRICE: Well, we do have training requirements, you know, continuing education requirements for the coaches which they undertake already to some degree. Trainers as well and you know even if you're in a county or school district that has very limited personnel, those coaches are being trained to identify the symptoms. And so are the students and the parents and again we allow them under here to remove their own students if they feel.

REPRESENTATIVE JOE FARIAS: Representative Price, I do like your bill because I have had young sons that have been in that situations. But I just wanted to make sure there were no loopholes or anywhere where somebody can just say, well, it doesn't say this. It doesn't specify and each child.

JOE STRAUS: Representative Sheffield raises a point of order that the gentleman's time has expired. The point of order is well taken and sustained.

REPRESENTATIVE JOE FARIAS: Thank you. REP. WALTER "FOUR" PRICE: Thank you.

JOE STRAUS: Anyone wishing to speak for or against House Bill 2038. Question occurs on passage to engrossment of House Bill 2038. All those in favor say aye, all those opposed say nay. The ayes have it. House Bill 2038 is passed to engrossment. Chair lays out on second reading House Bill 2042. The clerk will read the bill.

CLERK: HB 2042 by Menendez. Relating to defense base development authorities, including the powers of an authority and the taxation of certain tangible personal property located on the base property for which the authority is established.

JOE STRAUS: Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker and members. House Bill 2042 is a bill that clarifies the powers and duties of the defense based authority. And also it adds something for the courts to clarify legislation, clarifies the language to allow aircraft. Several of the bases like the former Kelly Air Force Base in San Antonio have as part of their redevelopment potential airfield aviation component that offers commercial aircraft manufacturers potential business opportunities to bring to the community and the state. Section 3 of the bill addresses the taxation of commercial aircraft that are in their final stage of production or sitting by clarifying that the aircraft are in the state for a temporary period and therefore are not subject to taxation as tangible personal property. And right now Texas does not tax commercial aircraft that are taken out for service and maintenance repair and overhaul and are temporarily in this state while that is happening. I move passage.

JOE STRAUS: Anyone wishing to speak for or against House Bill 2042? If not the question occurs on passage to engrossment of House Bill 2042. All those in favor say aye, those opposed nay. Ayes have it. House Bill 2042 is passed to engrossment. Chair lays out as a matter of postponed business House Bill 1477. Clerk will read the bill.

CLERK: HB 1477 by Allen. Relating to awarding credit to certain inmates for time between release on and revocation of parole, mandatory supervision, or conditional pardon.

JOE STRAUS: Chair recognizes Representative Allen.

REP. ALMA A. ALLEN: Mr. Speaker, members, I'd like to postpone HB 1477 until 12:00 noon on Friday May 7th, 2011 give us time to work on the amendment.

JOE STRAUS: Members, you heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business HB 1983. Clerk will read the bill.

CLERK: HB1983 by Kolkhorst. Relating to certain childbirths occurring before the 39th week of gestation.

JOE STRAUS: Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. House Bill 1983 is a bill that works on elective inductions. Mr. Crownover has an amendment and then I will explain the bill.

REP. JOAQUIN CASTRO: Mr. Speaker, will the gentle lady yield?

JOE STRAUS: Do you yield?

REPRESENTATIVE LOIS KOLKHORST: Yes, I do.

REP. JOAQUIN CASTRO: Representative Kolkhorst, what does the bill accomplish?

REPRESENTATIVE LOIS KOLKHORST: So, the original bill when I filed House Bill 1983 said we are not going to pay for an elective inductions that are not medically necessary before the 39th week and medicaid. After meeting with stakeholders groups, members of the committee I ended up making the bill a little more permissive. And so in the first section what the bill does is it works the department which is the Health and Human Service is going to work and look at -- we're going change the wording a little bit but look at quality initiatives to design -- to reduce the number of elective and non-medically inductive deliveries. And the department shall coordinate with the physician, hospitals, managed care organizations, and the Department of Billing Contractor. So that we will report on how many elective inductions before the 39th week that we're having. It's kind of like some might be the best disinfectant. And then in Section 2 of the bill we're asking the hospitals to coordinate with physicians providing those services at the hospital to develop a quality initiative to reduce the number of elective medically non-indicated induced deliveries and cesarean sections so before the 39th week. So it kind of went from a hard we're not going to pay for anything before the 39th week that is not medically necessary to working with the hospitals and trying get the reporting data to see how often this is happening. And we've seen those spikes and I've spent a lot of time in the medical journals. We had great testimony on this. I've met with the OBGYN Association. In fact we finally kind of got all the stakeholders together and which is TMATHA and the Texas Association of OBGYN together and this was the consensus bill that we think we can work with. You know, that (*inaudible) hospitals and other hospitals are starting to say we're not going to do elective inductions but we're going to do C-sections before the 39th week. It's really kind of created some friction and when I say friction I say that in a kind way but it has created some hospitals doing it and not. We would like to get that data back. I would like to stop all elected inductions before the 39th week because of the data that we're receiving. One of the OBGYN's --

REP. JOAQUIN CASTRO: What effects is it having if you -- what effects does it have on the baby when they are induced before the 39th week?

REPRESENTATIVE LOIS KOLKHORST: Right. So we're seeing all kinds of things. One of the things that intrigued me was one of the articles about the IQ. That, you know, we could see that, you know, there is a development of the IQ when it -- when the baby is in utero for longer. We are seeing other spin outs, potentially ADD, different things, some heart problems. All kinds of things. The OBGYN that testified said the evidence and I'll use his word is irrefutable that the longer the baby can stay in the uterus the better it is. Again, there are obviously medical complications that present themselves and that's why it was very complicating to say, no inductions before 39th week unless medically necessary.

REP. JOAQUIN CASTRO: I just have one final question. I know that the points you've raised are very important. I read in the HRO report that there was a concern that some physicians were electing to induce labor perhaps out of convenience or in times where it wasn't absolutely necessary. Did you come across testimony to that effect.

REPRESENTATIVE LOIS KOLKHORST: I think that the Texas Association of OBGYN's, you know, they were very honest and frank about that. And when I talked to OBGYN's there are times and it's usually patients -- for patient convenience that sometimes it's elected to do that. The other things is that it's a gray area of between -- if a woman presents herself to the OBGYN or to a family practice, anyone that practices in this area after the 20th week it is hard to pinpoint exactly where they are in their gestation. So, yes, that's out there and I don't -- I know a lot of times doctors have told me that patients demand these things. But as the evidence rolls out, Representative Castro, what we're interested in here is really trying to make sure that the baby is as healthy as possible. And we think in working with a lot of the advocate groups, March of Dimes and other people, the more information we can spill out even to physicians even now that the medical journals are writing about it. Mothers will want to carry that baby to the 39th week and beyond.

REP. JOAQUIN CASTRO: Thank you for bringing the bill forward.

REPRESENTATIVE LOIS KOLKHORST: Thank you.

JOE STRAUS: Following amendment. Clerk will read the amendment.

REP. JOHN V. GARZA: Mr. Speaker would the gentle lady yield for a few questions?

JOE STRAUS: Ms. Kolkhorst, do you yield?

REPRESENTATIVE LOIS KOLKHORST: I do.

REP. JOHN V. GARZA: Madam chair, essentially we're trying to control cost by this legislation are we not?

REPRESENTATIVE LOIS KOLKHORST: Not completely. And we're going to add an amendment that was kind of the words that got put in the substitute. So one of the things that we're trying to do is we're going to add an amendment. We're going to strike some of that language and we're going to add an amendment that talks about quality measures that are evidence based, tested and fully consistent with established standards and clinical care designed to reduce the non-medicated labor induction.

REP. JOHN V. GARZA: And I'm supportive of your bill. By the way I have seen more and more of these electively elected inducements and elected cesareans more. Certainly I'm not an expert. I think you're more of an expert in this area than I am being the chair of public health.

REPRESENTATIVE LOIS KOLKHORST: And a mom.

JOE STRAUS: Representative Sheets raises a point of order that the gentle lady's time has expired. The point of order is well taken and sustained. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Crownover.

JOE STRAUS: Chair recognizes Representative Crownover.

REPRESENTATIVE MYRS CROWNOVER: Thank you, members. This is an amendment calling for Health and Human Service Commission to utilize evidence based testing, quality measures instead of developing new quality measures. The amendment insures that the quality of care for pregnant women will not be compromised and this amendment is supported by the Texas Hospital Association and Texas Pediatrics.

JOE STRAUS: Representative Crownover, sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Anyone wishing to speak for or against House Bill 1983. If not the question occurs on passage of House Bill 1983. All those in favor say aye, those opposed nay. The ayes have it. House Bill 1983 is passed to engrossment. Chair lays out on second reading House Bill 2048. Clerk will read the bill.

CLERK: HB 2048 by Lyne. Relating to the collection and enforcement of state and local hotel occupancy taxes.

JOE STRAUS: Chair recognizes Representative Lyne.

REPRESENTATIVE LANHAM LYNE: Members, I guess I ought to say this is my first bill just because I want my friends to harass me. This bill allows the cities and municipalities, counties which would normally do the auditing of hotel/motel tax compliance to share that information with the comptrollers office. And if the comptrollers office if that hotel or motel is --

REPRESENTATIVE ARMANDO WALLE: Mr. Speaker.

JOE STRAUS: Mr. Walle, for what purpose?

REPRESENTATIVE ARMANDO WALLE: Would Representative Lyne yield?

JOE STRAUS: Representative Lyne, do you yield?

REPRESENTATIVE LANHAM LYNE: Only if you pronounce my name correctly.

REPRESENTATIVE ARMANDO WALLE: Lyne, I apologize.

REPRESENTATIVE LANHAM LYNE: It's all right.

REPRESENTATIVE ARMANDO WALLE: This is your first bill?

REPRESENTATIVE LANHAM LYNE: Yes.

REPRESENTATIVE ARMANDO WALLE: Well, congratulations on your first bill. What is the fiscal note on this bill?

REPRESENTATIVE LANHAM LYNE: There is no fiscal note. It is determined by the comptroller as to what the impact but the chances are it will raise some money for the state.

REPRESENTATIVE ARMANDO WALLE: How easy is it for municipalities and counties to report this tax feasance to the State. It looks like a pretty complicated -- the verbiage is very complicated on there.

REPRESENTATIVE LANHAM LYNE: Well, that's because I'm a complicated writer.

REPRESENTATIVE ARMANDO WALLE: I was aware of that when we went to lunch yesterday with my good friend Representative Hardcastle. But how often does this happen?

REPRESENTATIVE LANHAM LYNE: Well, the municipalities will do this depending on the size of the city, number of motels and hotels. Will do it probably rolling through. And then they will have that chance to report it through the comptroller. Today they are not required to. They don't have to. They don't get anything for it.

REPRESENTATIVE ARMANDO WALLE: What is the percentage of the hotels that are underpaying this --

REPRESENTATIVE LANHAM LYNE: I don't think it's known simply because they are not paying it.

JOE STRAUS: Representative Hardcastle, for what purpose?

REP. RICK HARDCASTLE: Mr. Speaker.

JOE STRAUS: Representative Hardcastle, for what purpose?

REP. RICK HARDCASTLE: Would my neighbor and trusted colleague to the east yield?

JOE STRAUS: Mr. Lyne do you yield?

REPRESENTATIVE LANHAM LYNE: I would gladly yield to my distinguished senior member to the west.

REP. RICK HARDCASTLE: You realize you just yielded the mike.

REPRESENTATIVE LANHAM LYNE: Oh, I did well, that's life in the big city. I'll let you yield.

REP. RICK HARDCASTLE: Are you -- since I haven't given you a hard time today. Are you last freshman to pass a bill in this illustrious class standing up there.

REPRESENTATIVE LANHAM LYNE: I don't think so.

REP. RICK HARDCASTLE: So we get to do this again.

REPRESENTATIVE LANHAM LYNE: As my colleagues tell me they hope not. Yes, you'll be able to do this again. We're like the gift that keeps on giving.

REP. RICK HARDCASTLE: And I noticed you use the word municipal several times. Do you have any experience with municipalities?

REPRESENTATIVE LANHAM LYNE: Well, you know first I had to learn how the pronounce that word because it's more than three syllables. And you really helped me with my enunciation since I've been here. And yes, I have experience with municipalities.

REP. RICK HARDCASTLE: Okay. I just checking, you know, because you have one other freshman who I called a point of order on and Mr. Geren was suggesting we go ahead and kill this bill just because nobody has killed a freshman's bill this session.

REPRESENTATIVE LANHAM LYNE: You know that would be okay if this bill wasn't a solution to the State's budget crisis.

REP. RICK HARDCASTLE: You actually brought a positive to the table.

REPRESENTATIVE LANHAM LYNE: Absolutely.

REP. RICK HARDCASTLE: Okay. Well, we're glad to have you. Congratulations.

JOE STRAUS: Representative Phillips, for what purpose?

REPRESENTATIVE LARRY PHILLIPS: Did you explain to me your experience with municipalities?

REPRESENTATIVE LANHAM LYNE: Say that again.

REPRESENTATIVE LARRY PHILLIPS: Did you explain your experience with municipalities to Representative Hardcastle?

REPRESENTATIVE LANHAM LYNE: I lived in a municipality all of my life, almost. I was a mayor.

REPRESENTATIVE LARRY PHILLIPS: You were mayor. Okay. And I understand that you were elected at least more than once.

REPRESENTATIVE LANHAM LYNE: I was elected three times.

REPRESENTATIVE LARRY PHILLIPS: Three times. And you also have a calling. I don't know if you know if you've shared before. Not only have you been a successful businessman but you probably don't remember the only member that's ever owned a professional basketball team.

REPRESENTATIVE LANHAM LYNE: That's correct. And I also won the first national championship in the State of Texas in basketball.

REPRESENTATIVE LARRY PHILLIPS: Who was that?

REPRESENTATIVE LANHAM LYNE: That was the Wichita Texans of 1990-1991.

REPRESENTATIVE LARRY PHILLIPS: All right. Congratulations.

JOE STRAUS: Representative Sheffield for what purpose?

REP. RALPH SHEFFIELD: I just wanted to know where the photographer is for this big group picture.

REPRESENTATIVE LANHAM LYNE: We got it. I have my personal photographer follow me wherever I go.

REP. RALPH SHEFFIELD: Representative Lyne, thank you. Thank you very much. It's a good bill -- first bill. Congratulations.

REPRESENTATIVE LANHAM LYNE: Thank you. I move passage.

JOE STRAUS: Anyone wishing to speak for or against House Bill 2048? If not question occurs on passage of House Bill 2048. All those in favor say aye, those opposed nay. The ayes have it. House Bill 2048 is passed to engrossment. Chair lays out on second reading House Bill 2127. Clerk will read the bill.

CLERK: HB 2127 by Geren. Relating to the municipal regulation of the discharge of firearms and certain other weapons in certain counties.

JOE STRAUS: Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker and members. House Bill 2127 will allow people in Tarrant County that own more than a hundred acres that were annexed before September 1, 1981 to use firearms on their property.

REPRESENTATIVE LON BURNAM: Mr. Speaker, will the gentleman yield?

JOE STRAUS: Mr. Geren, do you yield?

REPRESENTATIVE CHARLIE GEREN: I'd be happy to.

REPRESENTATIVE LON BURNAM: Mr. Geren, you are not intending on running with the amendment that you and I discussed on the floor earlier this evening, are you?

REPRESENTATIVE CHARLIE GEREN: No, I'm not.

REPRESENTATIVE LON BURNAM: Well, that's a good thing because I think this is a good bill but that amendment.

REPRESENTATIVE CHARLIE GEREN: Mr. Burnam, please, sit down I'm trying to pass this. I move passage.

JOE STRAUS: Anyone wishing to speak for or against House Bill 2127. If not the question occurs on passage to engrossment of House Bill 2127. All those in favor say aye, all those opposed nay. Ayes have it House Bill 2127 passes to engrossment. Chair recognizes Representative Allen for a motion.

REP. ALMA A. ALLEN: Mr. Speaker, members, I would like to repeat -- correct my announcement. I would like to postpone HB 1477 until 12:00 noon on Friday May 6th, 2011. Thank you.

JOE STRAUS: Members you heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House bill 2197. The clerk will read the bill.

REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker, members. I move to postpone this bill until tomorrow May 5th at 8:00 a.m.

CLERK: HB 2197 by Rodriguez. Relating to the purchase of property as part of a homestead land bank program.

CLERK: HB 2233 by Huberty. Relating to certain contracts entered into by school districts for another entity to provide food services at one or more district schools.

JOE STRAUS: Chair recognizes Representative Huberty.

REPRESENTATIVE DAN HUBERTY: Thank you, Mr. Speaker. I move to postpone this bill until Monday, May 9th at 3:00 p.m.

JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 2264. Clerk read the bill.

CLERK: HB 2264 by Ritter. Relating to authority of public utility Commission of Texas to participate in certain proceedings before the Federal Energy Regulatory Commission.

JOE STRAUS: Members, Senate Bill companion to House Bill 2264 is over and eligible accordingly the chair lays out Senate Bill 1153. Clerk will read the bill.

CLERK: SB 1153 Williams. Relating to the authority of the Public Utility Commission of Texas to participate in certain proceedings before the Federal Energy Regulatory Commission.

JOE STRAUS: Chair recognizes representative Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you Mr. Speaker, members. This bill provides the PUC the authority to hire (*inaudible) counsel and outside experts and legal counsel. Currently the PUC must use the state attorney general's office for matters before the clerk. These proceedings can be very complex and often require specialize expertise too insure the PUC is adequately represented. The bill will allow the PUC to retain attorneys and other experts to represent the commission in these proceedings before the clerk and in the courts. It provides for an annual cap on expenses of $1.5 million per year for the expenses of outside experts. And, members, a recovery rider process is provided to recoup the expense.

REPRESENTATIVE LON BURNAM: Mr. Speaker, would the gentleman yield?

JOE STRAUS: Not at this time.

REPRESENTATIVE ALLAN RITTER: The hiring of these experts is subject to proper oversights from the attorney general's office. The bill is needed because of the current entities system agreement will be ending. Entity Texas is one of six operating companies within the entity system agreement. These companies offset standards for service and retail rates. While the regulatory commission regulates entities wholesale power agreements in access of energy transmission systems too. Two of the companies in the agreement entity Arkansas and entity Mississippi have already given notice that they are opting out. As this happens the PUC will be engaged in proceedings before the clerk. And I yield to my friend.

REPRESENTATIVE LON BURNAM: Thank you.

JOE STRAUS: Representative Burnam, for what purpose?

REPRESENTATIVE LON BURNAM: To ask Chair Ritter some questions about his bill?

JOE STRAUS: Mr. Ritter, do you yield?

REPRESENTATIVE ALLAN RITTER: Yes, I yield.

REPRESENTATIVE LON BURNAM: Chairman Ritter, I think you did a really good job laying out the bill and you made it clear to us that it is likely that there is going to be some proceedings before FDRC, correct, in the near future?

REPRESENTATIVE ALLAN RITTER: That is correct.

REPRESENTATIVE LON BURNAM: And I'm assuming that the PUC approached you about this or some interested --

REPRESENTATIVE ALLAN RITTER: Both parties approached us.

REPRESENTATIVE LON BURNAM: And what did the attorney general's office have to say about having these responsibilities taken from them.

REPRESENTATIVE ALLAN RITTER: They are totally on board and actually the attorney general's office is on board and they have to approve whoever outside counsel is.

REPRESENTATIVE LON BURNAM: And you set that up that way because we want the attorney general's s office in that process, correct?

REPRESENTATIVE ALLAN RITTER: That is correct.

REPRESENTATIVE LON BURNAM: And the intent is not to enable PUC to hire lobbyists. The intent is to allow the PUC to hire attorneys and consultants for the proceedings before the Federal Agency?

REPRESENTATIVE ALLAN RITTER: That is correct.

REPRESENTATIVE LON BURNAM: And given that line of questioning I hope you will be willing to accept as a friendly amendment my amendment that says that they can't hire lobbyist.

REPRESENTATIVE ALLAN RITTER: Let's look at it.

JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Burnam.

REPRESENTATIVE DAN HUBERTY: Chair recognizes Representative Burnam.

REPRESENTATIVE LON BURNAM: Thank you chair, members. This is really a simple amendment. I believe Allen has a good bill and important bill but I think we need to make sure that there's no potential for refuse and that we preclude the hiring of registered lobbyist. Move adoption. I hope it's acceptable to the author.

JOE STRAUS: Representative Burnam sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Move passage.

JOE STRAUS: Anyone wish to speak for or against Senate Bill 1153. If not the question occurs on passage to engrossment of Senate Bill 1153. All those in favor say aye, opposed nay. The ayes have it. Senate Bill 1153 is passed to engrossment. Representative Ritter moves to lay House by the 2264 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair lays out on second reading HB 2374. Clerk will read the billing.

CLERK: HB 2374 by Gallego. Relating to the taking of children into custody by certain law enforcement officers.

JOE STRAUS: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. This bill relates to what happens when you have a juvenile offender and you have to take them into custody and there is a technical correction which would move them from the closed criminal procedure into the panel.

JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Gallego.

JOE STRAUS: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. This is the technical correction that I talked about earlier that moves the changes from the code of criminal procedure into the family court. I move adoption of the amendment.

JOE STRAUS: Mr. Gallego sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you Mr. Speaker. I move passage to third reading.

JOE STRAUS: Anyone wishing to speak for or against House Bill 2374? If not the question occurs on passage to engrossment of House Bill 2374. All those in favor say aye, those opposed. Ayes have it. House Bill 2374 is passed to engrossment. Chair lays out on second reading House bill 2477. Clerk read the bill.

CLERK: HB 2477 by Harless. Relating to the provision of bilingual election materials.

JOE STRAUS: Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Thank you, Mr. Speaker, members. To comply with a Federal American Vote Act Harris County currently provides translation of election materials into Spanish and Vietnamese. With the new census data Harris County is also expected to be required to provide translations into Mandarin Chinese. As the census data is also analyzed more counties, Fort Bend, Tarrant and Dallas are expected to be required to provide translation in languages other than Spanish. To ensure uniformity across the State HB 2477 directs the Secretary of State to prepare these translations of election materials and language other than Spanish as required by Federal law to the same extent as the Secretary of state is currently doing so for Spanish.

REP. ROLAND GUTIERREZ: Mr. Speaker.

JOE STRAUS: Mr. Guitierrez, for what purpose?

REP. ROLAND GUTIERREZ: Will the gentle lady yield?

REPRESENTATIVE PATRICIA HARLESS: Yes.

JOE STRAUS: She yields.

REP. ROLAND GUTIERREZ: Representative colleague, let me ask you you're essentially transferring this responsibility from the county or from individual counties to the Secretary of States office.

REPRESENTATIVE PATRICIA HARLESS: Yes. I feel --

REP. ROLAND GUTIERREZ: I'm trying to wrap myself around the idea. I mean what's the purpose?

REPRESENTATIVE PATRICIA HARLESS: It's my understanding that the Help American Votes Act requires the Secretary of State to translate the ballot in Spanish and English and as counties increase the population of different nationalities they are required to provide additional translation. Right now Harris County has been the only county that has been required to translate it into Vietnamese. But with the new census we think now Dallas, Tarrant and also Fort Bend County will have to. The concern comes with since it was just Harris County the Secretary of State says that Harris County needs to do this translation because they don't want anyone else -- they are the only that it applies to. Well, when other counties start translating the ballot and constitutional amendments. One county may hire translator that translates one word differently than another county and then the constitutional amendment will not be the same. And so we think this is the responsibility of the Secretary of State and that's what we're doing.

REP. ROLAND GUTIERREZ: And so by passing that burden onto the Secretary of State's office we're going to be spending about 158,000 looking at the bill analysis, roughly about 158,000 from the counties responsibility now to the State coffers. Not the coffers but rather --

REPRESENTATIVE PATRICIA HARLESS: Well, I think this fiscal note was very generous. The secretary of state estimate was very generous. Harris County clerk testified in committee that they spend around $5,000 for translation on a full ballot. So I think that there is -- that's a lot of money that the Secretary of State put in there.

REP. ROLAND GUTIERREZ: Okay. So it's your estimation that it may or may not cost as much.

REPRESENTATIVE PATRICIA HARLESS: I think it will cost significantly less.

REP. ROLAND GUTIERREZ: And so, that $158,000 that they claim, do you think that we will be employing extra folks for that.

REPRESENTATIVE PATRICIA HARLESS: I don't think they will. I think they already have people on staff.

REP. ROLAND GUTIERREZ: Thank you colleague.

REP. ARMANDO WALLE: Mr. Speaker, will the gentle lady yield for just a few questions?

REPRESENTATIVE PATRICIA HARLESS: Yes.

REP. ARMANDO WALLE: Representative Harless, you're just trying to streamline the process. That's what I'm gathering because I've participated in limited English proficiency committees with the county clerks office in Harris County, particularly with folks with limited English and Spanish and Vietnamese and you're just trying to make sure there's some uniformity in there; is that correct?

REPRESENTATIVE PATRICIA HARLESS: That's exactly right.

REP. ARMANDO WALLE: Okay. And it would apply now to -- it would make it easier to implement in other counties that a huge amount of folks that are limited English in other counties. Proficiency, I'm sorry.

REPRESENTATIVE PATRICIA HARLESS: Well, it is anticipated after this summer analysis of all the census data that Fort bend, Tarrant, and Dallas County will also have to provide the ballot not only in Spanish which the Secretary of State already does the English and Spanish ballot but in Vietnamese as well as Mandarin Chinese. And we just want uniformity so that one person is doing the translation and there's not other counties hiring.

REP. ARMANDO WALLE: So the Secretary of State would be the doing the translation as far as making sure that obviously there's differences even in the smallest word can make a huge difference when you're translating constitutional amendments.

REPRESENTATIVE PATRICIA HARLESS: Exactly.

REP. ARMANDO WALLE: And --

REPRESENTATIVE PATRICIA HARLESS: And we want all the counties constitutional amendments to be translated just the same. And that's the responsibility we feel belongs to the Secretary of State.

REP. ARMANDO WALLE: And they'll do it in house. That means they'll have some type of uniformity, somebody that's qualified to do that.

REPRESENTATIVE PATRICIA HARLESS: They currently do that for the Spanish ballot.

REP. ARMANDO WALLE: Great. Thank you.

REPRESENTATIVE PATRICIA HARLESS: Thank you. I move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 2477. If not the question occurs on passage to engrossment of House Bill 2477. All those in favor say aye, all those opposed nay. The ayes have it House Bill 2477 is passed to engrossment. Chair lays out on second reading House Bill 2636. The clerk will read the bill.

CLERK: HB 2636 by Kolkhorst. Relating to a commission to study neonatal intensive care units.

JOE STRAUS: Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker, members. Committee House substitute bill 2636 requires HHSC to create a Neonatal Intensive Care Unit Commission to make a study and recommendations about operating standards, use and develop accreditation process to receive Medicaid reimbursement for medicaid services. I move passage.

JOE STRAUS: Anyone wishing to speak for or against House Bill 2636. If not the question occurs on passage to engrossment of House Bill 2636. All those in favor say aye, all those opposed. The ayes have it. House Bill 2636 is passed to engrossment. Chair lays out on second reading house bill 2742. The clerk will read the bill.

CLERK: HB 2742 by Kleinschmidt. Relating to the business of structural pest control.

JOE STRAUS: Chair recognizes Representative Kleinschmidt.

REPRESENTATIVE TIM KLEINSCHMIDT: Members, couple of sessions ago in a sunset bill the language that allowed Texas Department of Agriculture to inspect the pesticides -- the structural pesticide applicators, language was left out so that they cannot look after and control those people that are advertising and soliciting that are not actually performing it. Makes it difficult to control this. So this simply adds language back in so that it can be controlled more easily by TDA.

REP. EDDIE RODRIGUEZ: Mr. Speaker.

JOE STRAUS: Mr. Rodriguez, for what purpose?

REP. EDDIE RODRIGUEZ: Just a few questions real quick.

JOE STRAUS: Kleinschmidt, do you yield?

REPRESENTATIVE TIM KLEINSCHMIDT: Yes.

REP. EDDIE RODRIGUEZ: Mr. Kleinschmidt, on the advertising if I understand this bill right it prevents unlicensed pest control services from advertising or soliciting their services; is that right?

REPRESENTATIVE TIM KLEINSCHMIDT: What the problem is that currently the way the statute reads TDA would actually have to catch an unlicensed person performing in order to take care of an unlicensed situation. The old statute actually included advertising or offering or soliciting so that TDA didn't actually have to be there to see someone applying the pesticide. This takes care of that and puts it back in.

REP. EDDIE RODRIGUEZ: And I like the bill. I'm in favor of the bill. The question that I have, does the person that saw the newspaper, let's say, whatever they're looking at to be advertising in magazine or whatever it is, are they responsible now for asking them to show their license or how --

REPRESENTATIVE TIM KLEINSCHMIDT: No.

REP. EDDIE RODRIGUEZ: -- does that work.

REPRESENTATIVE TIM KLEINSCHMIDT: No. No. I don't think this does that at all. If they advertise in it a general newspaper the TDA official saw that, they could use that as part of their investigation to see if they were dealing with an unlicensed --

REP. EDDIE RODRIGUEZ: They still have to catch them and find out that they are unlicensed and if they show -- if the department finds that they were unlicensed then they could use that against them further; is that right?

REPRESENTATIVE TIM KLEINSCHMIDT: If they are an unlicensed applicator or the --

REP. EDDIE RODRIGUEZ: If there's any liability type issue, you know, the newspaper or whatever it is that is accepting the payment for advertisement.

REPRESENTATIVE TIM KLEINSCHMIDT: Well, if an unlicensed applicator shouldn't be advertising to do this business.

REP. EDDIE RODRIGUEZ: No, I understand. But to find out that a local newspaper they want to advertise. I want to accept their advertising dollars I don't want to have --

REPRESENTATIVE TIM KLEINSCHMIDT: The newspaper has no duty or obligation under this statute, no.

REP. EDDIE RODRIGUEZ: Okay. Thank you.

REPRESENTATIVE TIM KLEINSCHMIDT: Move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 2742? If not the question occurs on passage to engrossment of House Bill 2742. All those in favor say aye, those opposes say nay. Ayes have it. House Bill 2742 passes to engrossment. Chair lays out on second reading House Bill 2976. Clerk will read the bill.

CLERK: HB 2976 by Hunter. Relating to the recording of proceedings and the issuance of a warrant to take physical custody of a child in certain suits affecting the parent-child relationship; creating an offense.

JOE STRAUS: Chair recognizes Senate companion to House Bill 2976 is over and eligible accordingly the chair lays out Senate Bill 1490. Clerk will read the bill.

CLERK: Senate Bill 1490 by Uresti. Relating to the recording of proceedings and the issuance of a warrant to take physical custody of a child in certain suits affecting the parent-child relationship; creating an offense.

JOE STRAUS: Chair recognizes Representative Weber.

REPRESENTATIVE RANDY WEBER: Thank you Mr. Speaker, members. Senate Bill 1490 the companion to House Bill 2976 which relates to the records -- recording of proceedings of the issuance of a warrant to take physical custody of a child in certain suits effecting the parent/child relationship and it creates an offense. The intent of House Bill 2976 and the companion 1490 is to put into safe -- into place safeguards to prevent false statements or misrepresentations to the courts concerning those cases involving international parental custody determinations. It keeps kids from getting kidnapped when there's a legal custody battle going on taken across the ocean. So I move passage.

JOE STRAUS: Anyone wish to speak for or against Senate Bill 1490. If not the question occurs on passage to engrossment Senate Bill 1490. All those in favor say aye, all those opposed say nay. Ayes have it. Senate bill 1490 passes to engrossment. Chair -- Representative Weber moves to lay House Bill 2976 on the table subject to call. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 2993. Clerk will read the bill.

CLERK: HB 2993 by Miles. Relating to offenses involving violating the civil rights of a person in custody and engaging in improper sexual activity with a person in custody; providing certain enhanced penalties.

JOE STRAUS: Chair recognizes Representative Miles.

REPRESENTATIVE BORRIS MILES: Members, this is to enhance penal code for correction officers engaged in improper sexual activity. It cuts it from a first degree offense that involves two or more such incidents during a 30 day period and a continuous act. It also provides instruction for criminal actions and punishments. Under current statute engaging in improper sexual activity the offender is in custody of a punishment second or third degree if the offense is committed by certain juvenile offenses the state sets a state jail felony. I move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 2993. The question occurs on passage to engrossment of House Bill 2993. All those in favor say aye, all those opposed nay. The ayes have it. House bill 2993 passes to engrossment. Chair lays out on second reading House Bill 3071.

CLERK: HB 3071 by Veasey. Relating to contract award considerations by certain conservation and reclamation districts.

JOE STRAUS: Chair recognizes Representative Veasey.

REPRESENTATIVE MARC VEASEY: Thank you, members, this is a bill that will authorize conservation reclamation districts to consider NWBB as it is historically under utilizes businesses when awarding contracts. It is currently -- they cannot right now. And this is a bill that I worked very closely with folks in the business community of Fort Worth and I move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 3071. If not the question the occurs on passage to engrossment of House Bill 3071. All those in favor say aye, all those opposed nay. The ayes have it. House Bill 3071 passes to engrossment. Chair lays out on second reading House Bill 3085. Clerk will read the bill.

CLERK: HB 3085 by Taylor. Relating to the period of a license for a freestanding medical emergency care facility.

JOE STRAUS: Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: Thank you, Mr. Speaker. House Bill 3085 amends the health and safety code that sets the license term for free-standing emergency care facility for two years instead of the current one. And I do have an amendment.

JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Taylor of Galveston.

REPRESENTATIVE LARRY TAYLOR: This amendment just clarifies the department will issue a license for a term shorter than two years for non 24 hour facilities. This makes it consistent. And with that -- the amendment is acceptable to the author.

JOE STRAUS: Mr. Taylor sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: I move passage on House Bill 3095.

JOE STRAUS: Anyone wishing to speak for or against House Bill 3085. If not the question occurs on passage to engrossment of House Bill 3085. All those in favor say aye, those opposed nay. The ayes have it House Bill 3085 passes to engrossment. Chair lays out on second reading House Bill 3116. The clerk will read the bill.

CLERK: HB 3116 by Gonzales. Relating to the execution of deeds conveying residential real estate in connection with certain transactions involving residential real estate.

JOE STRAUS: Chair recognizes Representative Gonzales.

REPRESENTATIVE VERONICA GONZALES: Thank you Mr. Speaker, members. This is an agreed to bill that would prohibit deeds in lieu of foreclosure at the time of the sale of real estate. It was one agreed to by the bankers, mortgage lenders, the title companies. A deed that is executed in violation would be voidable accept in cases where the subsequent sales were taken without notice of the violation and it is four year statute of limitation to void a deed. I move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 3116. The question occurs on passage to engrossment of House Bill 3116. Mr. Veasey for what purpose.

REPRESENTATIVE MARC VEASEY: Will the gentle lady yield for a couple of questions?

JOE STRAUS: Ms. Gonzales do you yield.

REPRESENTATIVE VERONICA GONZALES: Yes, I yield.

REPRESENTATIVE MARC VEASEY: Veronica, thank you for this bull. This is a good bill. I know that it's a technical bill. Could you explain a little bit more about what you're doing.

REPRESENTATIVE VERONICA GONZALES: Sure. And actually this issue came up this summer. I mediated a case. We found that what was happening -- it's not happening much anymore. Years ago we prohibited contracts for deeds and yet we had some people that are still selling property at the time that the person is buying property they're forcing them to sign or putting in the paperwork a deed in lieu of foreclosure they sign. And basically saying at the same time you buy the property and you think you're getting it you're also giving it back to them so that you can avoid the foreclosure proceeding.

REPRESENTATIVE MARC VEASEY: Are there any penalties for the seller if they are found to deceive the buyers in this deal.

REPRESENTATIVE VERONICA GONZALES: It would be like under the VCPA we put it under a different statute though because there is a provision (*inaudible) is a page that says that the lending of money is not considered a service and so we put it under the same type of penalty.

REPRESENTATIVE MARC VEASEY: Okay. But -- okay. Good, thank you.

REPRESENTATIVE VERONICA GONZALES: Okay. Thank you. Move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 3116. If not the question occurs on final passage to engrossment of House Bill 3116. All those in favor say aye, those opposed nay. The ayes have it. House Bill 3116 passes to engrossment. Chair lays out on second reading House Bill 3244. The clerk read the bill.

CLERK: HB 3244 by Elkins. Relating to shareholder standing to institute or maintain a derivative proceeding after a merger.

JOE STRAUS: Members, the Senate companion to House Bill 3244 is over and eligible accordingly the chair lays out Senate Bill 1568. Clerk will read the bill.

CLERK: SB 1568 by Estes. Relating to shareholder standing after a merger.

JOE STRAUS: Chair recognizes Representative Elkins.

REPRESENTATIVE GARY ELKINS: Thank you, Mr. Speaker, members. The state such as Delaware already require this in order to file derivative action lawsuits and action brought on behalf of corporations. The shareholder must maintain stock ownership. HB -- or Senate Bill 1568 just strikes confusing language and reaffirms the rule even in merger situations. Move passage.

REP. JOAQUIN CASTRO: Mr. Speaker.

JOE STRAUS: Mr. Castro, for what purpose?

REP. JOAQUIN CASTRO: Will the gentleman yield for a question?

JOE STRAUS: Mr. Elkins you yield?

REPRESENTATIVE GARY ELKINS: Yes.

REP. JOAQUIN CASTRO: I'm sorry, Representative Elkins, I couldn't understand very well your explaining of the bill.

REPRESENTATIVE GARY ELKINS: What we're doing is that in derivative actions we're just conforming the law because of some court cases and some antiquated language in the business. So they call some minor confusion with respect to merger situations and this bill just simply strikes that confusing language and reaffirms that the rule -- that even in merger situations or derivative actions that stock ownership requirements must be maintained throughout the action.

REP. JOAQUIN CASTRO: Which article of the business organizations code are you effecting?

REPRESENTATIVE GARY ELKINS: Section 21 of the business commerce code 552.

REP. JOAQUIN CASTRO: Okay.

REPRESENTATIVE GARY ELKINS: All right. Move passage.

JOE STRAUS: Anyone wishing to speak for or against Senate Bill 1568. If not the question occurs on passage to engrossment of Senate Bill 1568. All those in favor say aye, those opposed say nay. The ayes have it. Senate Bill 1568 is passed to engrossment. Representative Elkins moves to lay House Bill 3244 on the table subject to call. Is there objection. Chair hears none. So ordered. Chair lays out second reading House Bill 3329. Clerk will read the bill.

CLERK: HB 3329 by Keffer. Relating to a daily temporary private club permit for a nonprofit corporation.

JOE STRAUS: Chair recognizes Representative Keffer.

REPRESENTATIVE JAMES L. KEFFER: Thank you Mr. Speaker. House Bill 3329 amends the alcoholic beverage code to allow for the issuance of a daily temporary private club permit for a nonprofit cooperation for a fundraising event for a nonprofit organization that last no longer than eight hours.

JOE STRAUS: Anyone wishing to speak for or against House Bill 3239. If not question occurs on passage to engrossment of House Bill 3329. All those in favor say aye, all those opposed no. The ayes have it. House Bill 3329 passes to engrossment. Chair lays out on second reading House Bill 3375. Clerk will read the bill.

CLERK: HB 3375 by Murphy. Relating to certain evidence in a prosecution of fraud or theft involving Medicaid or Medicare benefits and to certain criminal procedures involving offenses in general.

JOE STRAUS: Chair recognizes Representative Murphy.

REPRESENTATIVE JIM MURPHY: Thank you. Members, I know you want to vote for this bill but I hate to disappoint you. Mr. Speaker, I move to postpone consideration of this bill. I know, I know, don't cry. We're doing to do it at 7:30 a.m. we're going to postpone it until 7:30 a.m. on Friday the 6th.

JOE STRAUS: Members you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 3391. Clerk will read the bill.

CLERK: HB 3391 by Miller. Relating to rainwater harvesting and other water conservation initiatives.

JOE STRAUS: Chair recognizes Representative Miller.

REPRESENTATIVE MILLER: Thank you, Mr. Speaker, members. This is a bill that has to do with rainwater harvesting and I think it's a great bill and I move -- I'll be glad to answer any questions.

REP. EDDIE RODRIGUEZ: Mr. Speaker.

JOE STRAUS: Representative Rodriguez, for what purpose?

REP. EDDIE RODRIGUEZ: Would the gentleman yield for a few questions?

JOE STRAUS: Mr. Miller, do you yield?

REPRESENTATIVE MILLER: Certainly I'd be glad to.

REP. EDDIE RODRIGUEZ: Representative Miller, I think you have a good bill here. I really do. Let me ask you a really quickly I know that a part of the state as well as my part of the state. Why do you think rainwater harvesting is so important for Texas.

REPRESENTATIVE MILLER: It's just another part of the puzzle that we've got to come together. We've been working certainly. This House and the Senate passed SB 1 back in '97 that talks about moving forward with all kinds of conservation issues and water planning and this is just another piece of the puzzle. This takes to the point where people can actually use the rainwater in their homes because technology has come to that point.

REP. EDDIE RODRIGUEZ: Well, do you think currently that state law restricts the ability of entities or individuals to attach rainwater harvesting systems.

REPRESENTATIVE MILLER: I'm not sure that --

REP. EDDIE RODRIGUEZ: Or makes it harder.

REPRESENTATIVE MILLER: Yeah. At least in part of it. What this does, it makes it very clear for the cities. That the cities -- there would be a uniform standard through this bill to use rainwater in your home. Plus there's an opportunity in this bill one of the things we're trying to do is to make sure that if people do use rainwater that there's not a connection between the two and that they'll be able to use it safely.

REP. EDDIE RODRIGUEZ: What about homeowners' associations? Does this deal at all with homeowners' association and that kind of --

REPRESENTATIVE MILLER: It does. It deals with them from the standpoint that if somebody wants to put in a rainwater collection system that they can't have one of these cooky looking painted, I guess, tanks or something out there by their house. They have to keep it somewhat discreet. And there is some oversight into the way that the tank can look.

REP. EDDIE RODRIGUEZ: Representative Miller, you have a good bill here.

REPRESENTATIVE MILLER: Thank you. Appreciate it.

WOMAN SPEAKER: Mr. Speaker would the gentleman yield?

JOE STRAUS: Mr. Miller do you yield.

REPRESENTATIVE MILLER: Certainly. Absolutely.

WOMAN SPEAKER: For a quick question. Are you aware that in Israel they use this. I've been in the desert in Israel actually where they have growth of fruit trees and vegetables, they even have fish farming and they do this by collecting rainwater in the desert from a flood that comes about every year.

REPRESENTATIVE MILLER: I was not aware of that but it make sense and I know you've been over there and seen it firsthand and thank you for informing about that.

REPRESENTATIVE DEBBIE RIDDLE: I've been over there numerous times and I've seen it numerous times and I stood in tree orchards where it would not be possible for them to collecting rainwater in a large reservoir. You have a very good bill.

REPRESENTATIVE MILLER: Thank you very much. Move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 3391. If not the question occurs on passage to engrossment of House Bill 3391. All those in favor say aye, all those opposed nay. The ayes have it. House Bill 3391 passes to engrossment. Chair lays out on second reading House Bill 3473. Clerk read the bill.

CLERK: HB 3473 by Gallego. Relating to a defense to prosecution for a child younger than 14 years old for the offense of prostitution.

JOE STRAUS: Chair recognizes Representative Castro.

REP. JOAQUIN CASTRO: Mr. Speaker, members. I move to postpone House Bill 3473 until a time certain 7:00 a.m. on Friday May 6th.

JOE STRAUS: Members you heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 3689. Clerk will read the bill.

CLERK: HB 3689 by Oliveira. Relating to The University of Texas at Brownsville, including its partnership agreement with the Texas Southmost College District.

JOE STRAUS: Chair recognizes Representative Munoz. REP. SERGIO MUNOZ² JR.: Thank you, Mr. Speaker, members. This legislation just makes clear the obligations of the University of Texas system, UT Brownsville and Texas Southmost College. And there is an amendment to this bill.

JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Oliveira.

JOE STRAUS: Chair recognizes representative Munoz. REP. SERGIO MUNOZ² JR.: Members, what this amendment does is just clarify the language in terms of offering the different courses once they continue on the negotiations with both of the colleges and it is acceptable to the author.

JOE STRAUS: Represent Munoz sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Munoz. REP. SERGIO MUNOZ² JR.: Move passage.

JOE STRAUS: Anyone wish to speak for or against House Bill 3689. Question occurs on passage to engrossment of House Bill 3689. All those in favor say aye, those opposed. The ayes have it. House Bill 3689 is passed to engrossment. Chair lays out on second reading. House Bill 3807. The clerk read the bill.

CLERK: HB 3807 by Woolley. Relating to the option of providing electronic recordings of proceedings in the municipal court of record for the City of Houston.

JOE STRAUS: Chair recognizes Representative Woolley.

REP. BEVERLY WOOLLEY: Mr. Speaker, members. HB 3807 is a local bill to allow the city of Houston to use electronic recording devices in municipal courts. Move passage.

JOE STRAUS: Anyone wishing to speak for or against House Bill 3807. Question occurs on passage to engrossment of House Bill 3807. All those in favor say aye, those opposed nay. House Bill 3807 passed to engrossment. Chair lays out on second reading House Bill 1616. Clerk will read the bill.

CLERK: HB 1616 by Geren. Relating to the reporting or providing of information, including information relating to political contributions, political expenditures, and personal financial information, by public servants, political candidates and committees, and persons required to register under the lobby registration law, and to complaints filed with and the functions of the Texas Ethics Commission.

JOE STRAUS: Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker, members. House Bill 1616 is a cleanup to require to file scheduled K. The commission didn't think by rule they could do this by rule so they asked me to do this. Schedule K makes us report any proceeds from the sale or assets purchased with political contributions, any credit, interest rebate, refund or reimbursement. It's just a matter of reporting that. The second part of the bill requires political consultants who are also lobbyist to report who they represent. In other words if Mr. Callegari has political consultant who is also a registered lobbyist anyone that takes Title 15 money from one of a us, from a candidate, would have to report that they represent that person. And I would gladly yield. And there's a bunch of amendments. If you want to wait we can do it then or we can do it now.

REP. JOAQUIN CASTRO: Well, I just have a few basic questions.

REPRESENTATIVE CHARLIE GEREN: Go ahead.

JOE STRAUS: Mr. Castro, for what purpose?

REP. JOAQUIN CASTRO: For a question.

REPRESENTATIVE CHARLIE GEREN: I yield.

JOE STRAUS: Gentleman yields.

REP. JOAQUIN CASTRO: So, I noticed that, you know, the bill would provide that campaign reports that are required to be filed basically we have got to report any credit, interest rebate, refunds reimbursement or return of a deposit fee resulting from the use of a political contribution or an asset purchased with a political contribution.

REPRESENTATIVE CHARLIE GEREN: That's correct, Mr. Castro. What it is currently form K is available. It is not required that you file that. If you take someones campaign finance report, their contributions and you take the expenses against that the bottom will never balance. Because if you get reimbursed or anything else -- if you don't fill out a K then you don't report it. This would require you to fill out a form K. It requires all of us to fill out a form K.

REP. JOAQUIN CASTRO: It would require us to fill out form K but, I guess, what is form K for?

REPRESENTATIVE CHARLIE GEREN: Form K is to report if you had enough money in your account to where you were earning interest or if you had investments with the stock market.

REP. JOAQUIN CASTRO: With political money?

REPRESENTATIVE CHARLIE GEREN: Yes, with political money.

REP. JOAQUIN CASTRO: I didn't realize that you could -- you could make investments with political money.

REPRESENTATIVE CHARLIE GEREN: Yes, sir, you can.

REP. JOAQUIN CASTRO: I think we need an amendment to outlaw on that.

REPRESENTATIVE CHARLIE GEREN: Well, if you want to work on that you might be able to do that but if you have it in an interest bearing bank account, this way you have to report the interest.

REP. JOAQUIN CASTRO: Well, I guess, do you have to report it right now the interest?

REPRESENTATIVE CHARLIE GEREN: You do not.

REP. JOAQUIN CASTRO: So --

REPRESENTATIVE CHARLIE GEREN: Form K is available to you right now. It is currently voluntary. This would require you to fill out form K.

REP. JOAQUIN CASTRO: And I understand but let's say, representative, that you know in your interest bearing account and you earn a dollar or something.

REPRESENTATIVE CHARLIE GEREN: That's why I wanted to wait until the amendments went on. Anything -- we're in the amendments I'm going to accept if it's under $100 I'm not going to do it.

REP. JOAQUIN CASTRO: Okay. Thank you.

REPRESENTATIVE CHARLIE GEREN: Yes, sir.

JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by King of Zavala.

JOE STRAUS: Chair recognizes Representative King of Zavala.

REP. TRACY O. KING: Thank you, Mr. Speaker, members. This amendment -- I have two of them but this amendment is -- deals with the section of the statute or the section that Chairman Geren is adding and it simply puts the threshold limit of a minimum amount before you have to report it such as the same that we have under our current reporting statute. So before you have to report any credit, any of those individual credits it has to reach the level of $100. So, in other words, if you have $100 worth of credits you have to report that or more. If you have $100 worth of interest then you have to report that. So that's what this amendment does and I believe it's acceptable to the author.

JOE STRAUS: Representative King sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. The clerk will read the amendment.

CLERK: Amendment by King of Zavala.

JOE STRAUS: Chair recognizes Representative King.

REP. TRACY O. KING: Thank you, Mr. Speaker, members. This is also a change in the reporting threshold. This has to do with the expenses we report. For many, many years I always believed that the $50 level was too low because I don't know about you but when I fill up my truck with gas it's much more than $50 now days. So this raises $50 to $100 before you have to report it in terms of name and specificity. You know you have that other category that says all expenditures. I believe it's acceptable to the author also. Thank you.

JOE STRAUS: Representative King sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted.

CLERK: Amendment by Howard of Fort Bend.

JOE STRAUS: Chair recognizes Representative Howard.

REPRESENTATIVE CHARLIE HOWARD: Members, what this amendment does is it basically says that if someone is running for office for municipal mayor or city council or education board member, if they do not receive a salary there is no compensation that they would not have to fill out a financial statement. They would have to fill out a contribution but a lot of these people don't want to run for office because they don't want to expose all of their financial holdings. I think it's acceptable.

JOE STRAUS: Representative Howard sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. Clerk will read the amendment.

CLERK: Amendment by King of Parker.

JOE STRAUS: Chair recognizes Representative King.

REPRESENTATIVE PHIL KING: Members, with regard to reporting reimbursements this one says you only have to report reimbursements that are more than $50 and I believe it's acceptable to the author.

JOE STRAUS: Representative King sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. Clerk will read the amendment.

CLERK: Amendment by King of Parker.

JOE STRAUS: Chair recognizes Representative King.

REPRESENTATIVE PHIL KING: Members, this requires that the registrant which is the lobbyist give notice in the form of any consulting fees they have provided. So basically if you have someone who is a lobbyist and they are also working as a political consultant they will have to report the names of the people from whom they are receiving payments through campaign contributions. I believe it's acceptable to the author.

JOE STRAUS: Representative King sends up an amendment. It is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. Clerk will read the amendment.

CLERK: Amendment by Callegari.

JOE STRAUS: Chair recognizes Representative Callegari.

REPRESENTATIVE BILL CALLEGARI: Members, this allows the commissioners court in a county to require additional disclosures if they so chose.

JOE STRAUS: Representative Callegari sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted.

CLERK: Amendment by Gallego.

JOE STRAUS: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE P. GALLEGO: Thank you, Mr. Speaker. Members, this would require the ethics commission to have somebody available to actually talk to people, candidates, and officeholders on the day the reports are due. And it also requires the ethics commission to give you their direct telephone number. I don't know if you any of you have had the experience where they have refused to give that. And in addition it allows to designate an agent that they can talk to directly with somebody that is dealing with your report. That way they won't have to talk to you.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker.

JOE STRAUS: Mr. Taylor, for what purpose?

REPRESENTATIVE VAN TAYLOR: Mr. Speaker, will the gentleman yield for a question?

JOE STRAUS: Gallego, do you yield?

REPRESENTATIVE PETE P. GALLEGO: I'd be happy to.

REPRESENTATIVE VAN TAYLOR: What is the fiscal note associated with the bill version of this amendment.

REPRESENTATIVE PETE P. GALLEGO: I don't have any idea. I will tell you this. This is supposed to be done within available revenue and with existing people. So I don't think there is a fiscal note to it. And I will also tell you that if you've ever had the experience of calling the ethics commission on the day that your report is due and they don't answer the phone then I move adoption. Actually the amendment is acceptable to the author and I move adoption.

JOE STRAUS: Mr. Gallego sends up an amendment. The amendment is acceptable to the author. Is there any objection? Chair hears none. The amendment is adopted. Chair recognizes Representative King.

REP. TRACY O. KING: Mr. Speaker, members we had a conflict with the King of Uvalde and he had an amendment that put a $100 minimum on whether or not you had to report reimbursements and other things and mine was $50. I would like for his to supercede mine so we're not reporting minimal entries over and over. And so, with your permission I would move to withdraw my amendment that's got a $50 minimum for reporting. It was amendment No. 4.

JOE STRAUS: Members, you heard the motion to withdraw amendment No. 4. Is there objection? The amendment is withdrawn. Following amendment. The clerk read the amendment.

CLERK: Amendment by Hilderbran.

JOE STRAUS: Chair recognize Representative Hilderbran.

REP. HARVEY HILDERBRAN: Mr. Speaker, members, this is an amendment that basically gives the force of law to a rule adopted by the ethics commission of any instruction materials. What we have currently is when we comply with the instruction materials or advisory opinion or rule adopted by the ethics commission and the prosecuting entity interprets it differently because the ethics commission decisions do not have the force of law we could be following their instructions and still be in violation. This fixes that and corrects it once and for all.

JOE STRAUS:

REPRESENTATIVE PHIL KING: I'm sorry Mr. Hilderbran.

REP. HARVEY HILDERBRAN: Do you want to hear me explain it again.

REPRESENTATIVE PHIL KING: Yeah, just a little slower.

REP. HARVEY HILDERBRAN: Okay. Okay. Currently the rules, the advisories and the instruction materials of the ethics commission makes for all of the different people that are subject to the ethics rule. Then I have a force of law in the sense that when the prosecutor interrupts the law differently than they have advised us to comply with it. This makes that if we comply with their advisory opinions their rules or their instruction materials if we comply with those then we have complied with the law. And somebody elses opinion won't matter because we complied with the ethics commission. And that's what it's doing. It's eliminating that conflict. Do you understand?

REPRESENTATIVE PHIL KING: Okay so just trying to make sure I understand. So you're saying if there's an advisory opinion that says it's okay to do X, Y and Z and someone goes and does X, Y, and Z and then a prosecutor decides that X, Y, and Z should be illegal under a different statute --

REP. HARVEY HILDERBRAN: Well, not even under a different statute. Basically the ethics commission has told us both in letters and in adopted rules and instruction materials how to comply with the law and how to fill out forms, however, if the DA sees it differently and they can prosecute on that even though we have done exactly what we were told to do.

REPRESENTATIVE PHIL KING: So what you're trying to establish then is what would be called a defense to prosecution that if you are in compliance with the ethics rules as published or ethics opinions as published then that is defense to prosecution?

REP. HARVEY HILDERBRAN: Sure it's -- it was a defense. Now it's a condition but the result of it is we have complied with the law.

REPRESENTATIVE PHIL KING: (*inaudible)

REP. HARVEY HILDERBRAN: Exactly.

REPRESENTATIVE PHIL KING: It would be an exception to the offense instead of a defense to prosecution. It is an exception to the offense that you have not committed a crime if you are in compliance with --

REP. HARVEY HILDERBRAN: The rules, the opinions or the instruction materials.

REPRESENTATIVE PHIL KING: Could I work with you?

REP. HARVEY HILDERBRAN: Love to be able to. I'd like to correct anything on third reading but you understand the importance of the objective?

REPRESENTATIVE PHIL KING: Right and I think it makes perfect sense. I think maybe the way we might ought to think about it be -- make it acceptable to the author.

REP. HARVEY HILDERBRAN: I'd be happy to rework it on third reading.

REPRESENTATIVE PHIL KING: Conditioning of the offense.

REP. HARVEY HILDERBRAN: Right.

JOE STRAUS: Representative Hilderbran sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Geren.

REPRESENTATIVE CHARLIE GEREN: Move passage.

JOE STRAUS: Anyone wish to go speak for or against House Bill 1616. If not the question occurs on passage to engrossment of House Bill 1616. All those in favor say aye, all those opposed nay. House bill 1616 is passed to engrossment. Chair lays out on second reading House Bill 1960. The clerk will read the bill.

CLERK: HB 1960 by Deshotel. Relating to the regulation of boat manufacturers, distributors, and dealers; providing a civil penalty.

REPRESENTATIVE JOE STRAUS: The chair lays out on second reading House Bill 1960. Clerk read the bill.

CLERK: HB 1960 by Deshotel. Relating to the regulation of the boat manufactures, distributors and dealers providing a civil penalty.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Deshotel.

REPRESENTATIVE JOE DESHOTEL: Thank you, Mr. Speaker. This bill has to do with the Texas boat dealer in regards to Texas manufacturers and it simply sets up a protocol between the dealers and the manufacturers allowing basically for the manufacturers -- for the dealers to be able to have some certainty in their contracting.

REPRESENTATIVE JOE STRAUS: Ms. Riddle, for what purpose?

REP. DEBBIE RIDDLE: Mr. Speaker, will the gentlemen yield?

REPRESENTATIVE JOE STRAUS: Mr. Deshotel, do you yield?

REPRESENTATIVE JOE DESHOTEL: Yes, I yield.

REP. DEBBIE RIDDLE: Joe, for a little bit of clarification on your bill, does this have to do with people who have franchises with these boat companies?

REPRESENTATIVE JOE DESHOTEL: Yes. It's the Texas boat dealers who enter into a contract to sell boats for the various boat manufacturers in the settings and parameters for contracting.

REP. DEBBIE RIDDLE: Now, for conservatives it might sound like that government is interfering in private business, what actually is your intent with this bill?

REPRESENTATIVE JOE DESHOTEL: Well, currently for the past 20 years, Ms. Riddle, the state of Texas has been regulating these contracts. And in the contracts they said there must be a defined period of time that the contract would cover. Well, the defined period of time chosen by the manufacturers has been a one year contract and unfortunately that does not allow the owners of the businesses to go to a bank and get necessary loans.

REP. DEBBIE RIDDLE: One year doesn't seem very long.

REPRESENTATIVE JOE DESHOTEL: Well, it's not. This bill would say three year minimum but it would be an annual, every year there would be a review of the parameters to make sure they're being met and if they're not being met the manufacturer has cancellation rights after the two year period.

REP. DEBBIE RIDDLE: Would it not be difficult to receive a loan then if it's only one year?

REPRESENTATIVE JOE DESHOTEL: That's one of the reasons that the dealers brought the legislation here because they were having problems financing and growing their businesses.

REP. DEBBIE RIDDLE: Thank you very much for the clarification upon your clarification. I think it's a good bill.

REPRESENTATIVE JOE DESHOTEL: Thank you, Ms. Riddle.

REPRESENTATIVE JOE STRAUS: Mr. Simpson for what purpose?

REPRESENTATIVE DAVID SIMPSON: To ask a few questions.

REPRESENTATIVE JOE STRAUS: Mr. Deshotel do you yield?

REPRESENTATIVE JOE DESHOTEL: Yes, sir I yield.

REPRESENTATIVE DAVID SIMPSON: Thank you Representative Deshotel. The largest boat dealer in Texas is located in my district and is opposed to this bill.

REPRESENTATIVE JOE DESHOTEL: And I understand that Representative Simpson and I have told a number of members that the only member in the House that I think should be against this bill is Representative Simpson because everybody else has boat dealers in their district and not boat manufacturers.

REPRESENTATIVE DAVID SIMPSON: I think they also have a manufacturing facility in Representative Susan King's district.

REPRESENTATIVE JOE DESHOTEL: Okay. Well that's two votes.

REPRESENTATIVE DAVID SIMPSON: Why does the government need to be getting involved between the boat manufacturer and the dealer.

REPRESENTATIVE JOE DESHOTEL: I would tend to agree with that, Representative Simpson, but the past 20 years have been involved in this contracting and currently they give the option to a defined period in the contract. The manufacture who is controlling because there's the big guy in the room chooses to define that year and that period of one year. So this bill says there is going to be a defined period which has been in the law for three year period with the right of cancellation to give the businesses the ability to finance and grow. So we're not getting into an area that we're not already regulating.

REPRESENTATIVE DAVID SIMPSON: It's a conservative coalition in favor of this bill.

REPRESENTATIVE JOE DESHOTEL: I'm a little confused by the different groups that are out here on the floor. I've talked to a number of members on the floor who are supporting the group and I can't say what group is doing what. There are a lot of independent members.

REPRESENTATIVE DAVID SIMPSON: That's true. Is boat manufacturing association in favor of this bill?

REPRESENTATIVE JOE DESHOTEL: No, sir. That's why you're on the back mike, no, sir they're not.

REPRESENTATIVE DAVID SIMPSON: Shouldn't they be able to negotiate contracts at varying lengths based upon the different performance of the dealers?

REPRESENTATIVE JOE DESHOTEL: I think if they were negotiating contracts on various limits we would not have this bill. They have chosen to negotiate contracts on a single period of time, being one year. And the dealers have had no options. This gives some room in there for the dealers to grow.

REPRESENTATIVE DAVID SIMPSON: If there's conflicts, who's going to resolve this between the dealers and the manufacturer?

REPRESENTATIVE JOE DESHOTEL: Well, there's parameters set out in the bill. The payment is due for instance by a certain date and the payment is made and it becomes 30 -- there's a 30 day period. So there are various breeches, there's various periods secured which is not uncommon in any business relationship. And if either party feel that they have been wrong and a cancellation was done that should not have been done. Well, you do it in any relationship under the current law.

REPRESENTATIVE DAVID SIMPSON: Thank you.

REPRESENTATIVE JOE DESHOTEL: Thank you Mr. Simpson. I move adoption.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak on, for, or against House Bill 1960. The question occurs on the passage of House Bill 1960. All those in favor -- record vote's been requested. A record vote has been granted. Clerk will ring the bell. Show Representative Deshotel voting aye, show Representative Simpson voting no, show Representative Riddle voting aye, show Representative Ritter voting aye, show Representative Cook voting aye, show Representative King of Parker voting no, show Representative Zerwas voting aye. Have all voted? Have all members voted? Being 109 ayes and 26 nays, House Bill 1960 is passed to engrossment. Chair lays out on second reading House Bill 777. Clerk read the bill.

CLERK: HB 777 by Gonzales of El Paso. Relating to the court cost of those on convictions and deposited to the courthouse security fund.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gonzales of El Paso.

REPRESENTATIVE VERONICA GONZALES: Thank you Mr. Speaker, members. This bill would allow convicted felons to pay for court costs as regarding to the security fee and would allow counties and local governments to collect on that security fee. Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 777? Question occurs on the passage to engrossment on House Bill 777. All those in favor say aye, all those opposed to say nay. House Bill 777 is passed to engrossment. Chair lays out on second reading House Bill 818. Clerk read the bill.

CLERK: HB 818 by Howard of Travis. Relating to use of compensatory education allotment funding to provide assistance with child care to students at risk of dropping out of school.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Howard.

REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker, members. House Bill 818 would allow a school district to use funds received via compensatory education allotment to pay for child health care service for teen parents. Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 818? Question occurs on passage to engrossment of House Bill 818. All those in favor say aye, all those opposed say nay. Ayes have it. House Bill 818 is passed to engrossment. Chair lays out on second reading House Bill 710. Clerk read the bill.

CLERK: HB 710 by Walle. Relating to verification of identity of applicants for benefits under and prevention of duplicate participation in the financial assistance and supplemental nutrition assistance programs.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Walle.

REPRESENTATIVE ARMANDO WALLE: Thank you, Mr. Speaker I'd like to postpone HB 710 to a time certain tomorrow 8:00 a.m. on Cinco de Mayo.

REPRESENTATIVE JOE STRAUS: Members you heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 1610. Clerk read the bill.

CLERK: HB 1610 by Gonzales. Relating to employment termination procedures applicable to a teacher who is convicted of or receives deferred adjudication for a felony.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gonzales of Williams.

REPRESENTATIVE LARRY GONZALES: Thank you Mr. Speaker, members. House Bill 1610 allows a school district to immediately terminate the employment of a teacher who has been convicted of or received deferred adjudication for a felony. The bill is permissive and allows school districts to use their own discretion in making termination decisions. Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1610? Question occurs on passage to engrossment of House Bill 1610. All those in favor say aye, all those opposed say no. Ayes have it. House Bill 1610 is passed to engrossment. Members we need to back up. Following amendment. Clerk read the amendment.

CLERK: Amendment by Dutton.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Dutton. RE. HAROLD DUTTON² JR.: Mr. Speaker and members, what this amendment does is simply says that on a -- it has to relate to a final conviction as opposed to just deferred adjudication probation.

REPRESENTATIVE JOE STRAUS: Representative Dutton sends up an amendment. The amendment is acceptable to the author. Is there objection? The chair hears none. The amendment is adopted. The chair recognizes Representative Gonzales.

REPRESENTATIVE LARRY GONZALES: Move passage.

REPRESENTATIVE JOE STRAUS: Question occurs on passage to engrossment of House Bill 1610. All those in favor say aye, opposed nay, ayes have it. House Bill 1610 is passed to engrossment. Chair lays out on second reading House Bill 3145. Clerk read the bill.

CLERK: HB 3145 by Naishtat. Relating to the regulation of chemical dependency counselors.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Naishtat.

REP. ELLIOTT NAISHTAT: Members, this bill deals with licensed chemical dependency counselors. They are required to have access to peer assistance programs but they don't normally have that so what we want to do is put in place a mechanism to ensure access to peer assistance programs. Also right now a licensed chemical dependency counselor has to pass both a written and an oral exam but we don't need the oral exam. And then in order to have this mechanism in place and all the individuals who testified and --

REPRESENTATIVE AARON PENA: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Pena, for what purpose?

REPRESENTATIVE AARON PENA: Just a series of questions.

REPRESENTATIVE JOE STRAUS: Mr. Naishtat do you yield?

REP. ELLIOTT NAISHTAT: Yes.

REPRESENTATIVE AARON PENA: You have a very good bill here. This has been supported by TAAP, the Texas Association of Addicted Professionals, is that correct?

REP. ELLIOTT NAISHTAT: Absolutely.

REPRESENTATIVE AARON PENA: And this is something that they want; is that correct?

REP. ELLIOTT NAISHTAT: They want it along with the two other trade associations.

REPRESENTATIVE AARON PENA: You have a very good bill here, Mr. Naishtat, I'd ask you simply move passage.

REP. ELLIOTT NAISHTAT: Thank you sir.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk read the amendment.

CLERK: Amendment by Perry.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Perry.

REPRESENTATIVE CHARLES PERRY: Thank you Mr. Chair. Members, this amendment all it does is extend the code to allow more licensed chemical dependency workers to work with Texas Department of Criminal Justice. Acceptable to the author.

REPRESENTATIVE JOE STRAUS: Representative Perry sends up an amendment. The amendment is acceptable to the author. Is there objection? The chair hear none. The amendment is adopted. Chair recognizes Representative Naishtat.

REP. ELLIOTT NAISHTAT: Members, I move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 3145? Question occurs on passage to engrossment of House Bill 3145. All those in favor say aye, those opposed nay. The ayes have it. House Bill 3145 is passed to engrossment. The chair lays out on second reading House Bill 21. Clerk read the bill.

CLERK: HB 2100 by Lewis. Relating to the exemption from taxation of property of a local government corporation.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: Thank you, Mr. Speaker and members. This bill prevents tax exempt status for a local government corporations property that's located outside of the governing district of the entity that created it. And there is an amendment.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Lewis.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: This amendment just makes sure that the ambit of what's being covered here is only the corporation that's created by municipal power agency created under subchapter C, Chapter 163 of the utilities code and only effects those property -- local government corporation in that status. Mr. Speaker I move passage.

REPRESENTATIVE JOE STRAUS: Representative Lewis sends up an amendment --

REPRESENTATIVE TRYON LEWIS: The amendment's acceptable to me.

REPRESENTATIVE JOE STRAUS: The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Lewis.

REPRESENTATIVE TRYON LEWIS: Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 2100. Question occurs on passage to engrossment of House Bill 2100. All those in favor say aye, all those opposed say nay. Ayes have it. House Bill 2100 is passed to engrossment. Chair lays out on second reading House Bill 2882. Clerk read the bill.

CLERK: HB 2882 by Scott. Relating to subrogation of certain costs for services provided or paid by the Nueces County Hospital District; providing penalties.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Scott.

REPRESNTATIVE CONNIE SCOTT: Members, this is the Nueces Hospital County district bill. The purpose of this bill is to recover local taxpayer money expended on indigent health care injuries caused by another person's negligence.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk will read the amendment.

CLERK: Amendment by Scott.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Scott.

REPRESNTATIVE CONNIE SCOTT: This amendment changes the language from subrogation to lien and most hospitals have this lien option. Ours doesn't because we don't operate ours. And I accept it.

REPRESENTATIVE JOE STRAUS: Representative Scott sends up an amendment. The amendment is acceptable to the author. Is there objection? The chair hears none. The amendment is adopted. Chair recognizes Representative Scott.

REPRESNTATIVE CONNIE SCOTT: Move passage.

REPRESENTATIVE JOE STRAUS: Question occurs on passage to engrossment on House Bill 2882. All those in favor say aye, all those opposed nay. Ayes have it. House Bill 2882 is passed to engrossment. Chair lays out on second reading House Bill 1834. Clerk read the bill.

CLERK: HB 1834 by Shelton. Relating to elimination of certain requirements for increasing community awareness of prekindergarten programs offered by or in partnership with school districts.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Shelton.

REPRESENTATIVE MARK SHELTON: House Bill 1834 eliminates some reporting requirements for school districts. Move passage.

REP. MIKE VILLARREAL: Mr. speaker.

REPRESENTATIVE JOE STRAUS: Mr. Villarreal for what purpose?

REP. MIKE VILLARREAL: I'd like to call a point of order on House Bill 1834.

REPRESENTATIVE JOE STRAUS: Bring your point of order down front. Point of order is respectfully overruled. Chair recognizes Representative Shelton.

REPRESENTATIVE MARK SHELTON: Move passage.

REPRESENTATIVE JOE STRAUS: Any wishing to speak for or against House Bill 1834? Question occurs on passage to engrossment of House Bill 1834. All those in favor say aye, those opposed say nay. Ayes have it. House Bill 1834 is passed to engrossment. Chair lays out on second reading House Bill 2173. Clerk read the bill.

CLERK: HB 2173 by Torres. Relating to a pilot program allowing certain military overseas voters to receive and cast a ballot electronically.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Torres on his very first bill.

REP. RAUL TORRES: Members, distinguished members, Mr. Speaker and honored guests. I'm here to present a bill that's all about in support of our military, our active military personnel. Thank you very much. I learned a long time ago before I make my statement from our dean of delegation, back home this happens to work. He who speaks few words gets lots of votes. So I move passage.

REPRESENTATIVE JOE STRAUS: Mr. Phillips for what purpose?

REP. LARRY PHILLIPS: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: For what purpose, Mr. Phillips?

REP. LARRY PHILLIPS: Will the gentlemen yield?

REPRESENTATIVE JOE STRAUS: Mr. Torres, do you yield?

REP. RAUL TORRES: Yes. Mr. Speaker.

REP. LARRY PHILLIPS: He yielded the floor.

REP. RAUL TORRES: Yes, sir. I yielded the floor.

REP. LARRY PHILLIPS: And so let me ask you a question. How many people are up there with you?

REP. RAUL TORRES: A lot.

REP. LARRY PHILLIPS: A lot? But how many are in your class? How many are in your class?

REP. RAUL TORRES: How many in your class? Thirty-two.

REP. LARRY PHILLIPS: Thirty-two and are you --

REP. RAUL TORRES: Thirty-eight forgive me, 38.

REP. LARRY PHILLIPS: Thirty-eight and are they going to call you -- now call you 38?

REP. RAUL TORRES: They can if they want to.

REP. LARRY PHILLIPS: I mean are you the last one in.

REP. RAUL TORRES: I'm the last one. They saved the best for last.

REP. LARRY PHILLIPS: You're the last one. Who was the first one?

REP. RAUL TORRES: Oh, Rodney Anderson --

REP. LARRY PHILLIPS: Rodney Anderson was No. 1. But let me ask you something serious about your legislation because I'm concerned about some of the things you're doing here. What pilots are you having a program for? Are these for military pilots or are they for civil aviation pilots.

REP. RAUL TORRES: Military.

REP. LARRY PHILLIPS: Military. And it's only pilots so only the air force that you're trying to help with their oversea voting?

REP. RAUL TORRES: No. All branches of the government.

REP. LARRY PHILLIPS: All of them that fly planes?

REP. RAUL TORRES: Yes.

REP. LARRY PHILLIPS: Because you said just for pilots. So my brother-in-law who's in the army who doesn't fly planes, he would not be respected? I mean his vote would not be respected? Are you discriminating against nonpilots?

REP. RAUL TORRES: No, sir.

REP. LARRY PHILLIPS: Okay. Well, why does it says it's for pilots? That's what your caption says doesn't it?

REP. RAUL TORRES: No, sir. That was someone else's caption.

REP. LARRY PHILLIPS: It says relating to a pilot program; is that correct?

REP. RAUL TORRES: Yes, sir. But you take into account --

REP. LARRY PHILLIPS: Okay. So you're agreeing with me that it's related to pilots.

REP. RAUL TORRES: No. It's related to the program.

REP. LARRY PHILLIPS: Okay. Program for pilots.

REP. RAUL TORRES: The program which is --

REP. LARRY PHILLIPS: I just want to make sure we get this right because if I'm going to vote for this I do not want to offend any of those servicemen and women that are not pilots and are not allow them to cast their oversea vote electronically.

REP. RAUL TORRES: Mr. Phillips, let me clarify that. This program is for all active military who are actively serving overseas usually putting their life on the line every day to protect our freedoms.

REP. LARRY PHILLIPS: But only for pilots.

REP. RAUL TORRES: Including pilots.

REP. LARRY PHILLIPS: Especially pilots.

REP. RAUL TORRES: Especially pilots.

REP. LARRY PHILLIPS: I think you have a very good bill.

REP. RAUL TORRES: Thank you, Mr. Phillips.

REP. LARRY PHILLIPS: I think you have a very good bill.

REP. RAUL TORRES: Thank you Mr. Phillips.

REPRESENTATIVE JOE STRAUS: Representative Burnam, for what purpose?

REPRESENTATIVE LON BURNAM: Mr. Speaker, will the gentlemen yield?

REPRESENTATIVE JOE STRAUS: Mr. Torres, do you yield?

REP. RAUL TORRES: Yes, Mr. Speaker.

REPRESENTATIVE LON BURNAM: On a more serious note, did you vote for my voter ID bill earlier this session?

REP. RAUL TORRES: Yes, representative.

REPRESENTATIVE LON BURNAM: Are you aware that military personnel can already vote with the use of fax where it can be verified who's actually voting?

REP. RAUL TORRES: Yes, sir.

REPRESENTATIVE LON BURNAM: And are you aware that what you're proposing would eliminate all possibility of maintaining and securing that ballot and you would be opening it up to fraud of being cast by any number of military personnel and whoever's in charge of their post if we adopt this bill?

REP. RAUL TORRES: No, sir.

REPRESENTATIVE LON BURNAM: Well, I think that's exactly what this bill does. And I would like to point out on a serious note, if you voted for voter ID, this is accomplishing exactly the opposite of what you said you were concerned about when you voted for voter ID.

REP. RAUL TORRES: Mr. Representative, with all due respect this bill has built in safeguards similar to the voter ID bill which is to insure the integrity of the ballot.

REPRESENTATIVE LON BURNAM: Explain to me what those safeguards are.

REP. RAUL TORRES: The particular safeguards that are built in are left up to the secretary of the state to design those safeguards.

REPRESENTATIVE LON BURNAM: So, we're going to make it permissive for the Secretary of State to figure out how to deal with the overseas ballots done electronically? We're going to impose voter ID cards on people that are living and have been voting forever in this area.

REP. RAUL TORRES: I have an amendment that would cover those issues --

REPRESENTATIVE LON BURNAM: I'm sorry.

REP. RAUL TORRES: I have an amendment that provides those safeguards.

REPRESENTATIVE LON BURNAM: Great because your amendment is probably better than the amendment that I have filed. I'm going to have to pull mine down.

REP. RAUL TORRES: That's a great idea. Thank you. Mr. Speaker, I move passage.

REPRESENTATIVE DENNIS BONNEN: Will the gentlemen yield for a quick question?

REPRESENTATIVE JOE STRAUS: Mr. Torres, do you yield for a quick question from Mr. Bonnen?

REPRESENTATIVE DENNIS BONNEN: Has he yielded the floor?

REPRESENTATIVE JOE STRAUS: Mr. Torres, do you yield for questions from Mr. Bonnen?

REP. RAUL TORRES: I yield.

REPRESENTATIVE DENNIS BONNEN: Mr. Torres, I know you're a freshman but I don't know if you're aware that years ago we quit worrying about what Representative Burnam was asking us about.

REP. RAUL TORRES: Thank you.

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk read the amendment.

REP. RAUL TORRES: I needed that one.

CLERK: Amendment by Torres.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Torres.

REP. RAUL TORRES: Members, my amendment insures the safeguard that there was concern for some of our leaders in the state and after presenting it I was given the approval that this amendment would be acceptable to them. And basically this amendment then insures that all ballots that are returned electronically are sent directly to the Secretary of State's office for verification and validation. Mr. Speaker I move passage of the amendment.

REPRESENTATIVE JOE STRAUS: The question is on the passage of the amendment. The amendment is acceptable to the author. Is there objection? The chair hears none. The amendment is adopted. Following amendment. Clerk read the amendment.

CLERK: Amendment by Torres.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Torres.

REP. RAUL TORRES: Members, on this second amendment that we've provided, we've provided some additional language to clearly establish two factors that some people expressed some concern about fraud. And No. 1 is, that these ballots can only be received from people with -- what do you call those things? Email addresses with a dot MIL ending.

REPRESENTATIVE JOE STRAUS: Representative Torres sends up an amendment. The amendment is acceptable to the author. Is there objection? The chair hears none. The amendment is adopted.

REP. RAUL TORRES: Mr. Speaker, I move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak on, for, or against House Bill 2173? The question occurs on passage to engrossment of House Bill 2173. Those in favor say aye, all those opposed say nay. House Bill 2173 is passed to engrossment. Chair lays out on second reading House Bill 1502. Clerk read the bill.

CLERK: HB 1502 by White. Relating to allowing military voters on active duty overseas to receive and cast a ballot electronically.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative White.

REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker and members. House Bill 1502 is similar to the previous bill. The one change from the previous bill is that my bill, HB 1502, puts in electronic voting for men and women overseas in uniform right now and it's not a pilot program. We've had a historic week in the wake of one of the most heroic and successful overseas operations in American military history. And our men and women in uniform are stationed around the globe protecting the fundamental freedoms of this great country. But it is currently extremely difficult for our military members stationed overseas to participate in the sacred voting process that they have risked their lives to defend and protect. HB 1502 simply states that the Secretary of State will create new procedures that would allow electronic transmission of ballots to and from a member of the armed forces on active duty overseas and I believe there's a --

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk read the amendment.

CLERK: Amendment by Berman.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Berman.

REPRESENTATIVE LEO BERMAN: Mr. Speaker, members, if I can have your attention. This morning our policy committee recommended against this bill unless it was amended and these are the amendments that they asked for. No. 1, this bill will insure electronic voting for overseas troops in a combat zone. Most troops around the world have access to E mail, mail or getting their ballots back to the United States but those in the combat zones don't. And this bill specifically spells out that it is for troops in a combat zone which is designated by the U.S. Department of Defense. Also in order to insure security on the return of the e-mails and on the return of the electronic voting, all of the electronic voting will go through the Secretary of State and the Secretary of State will actually make redistribution to the counties that they came from. The secretary of state has passed to set up the process. We visited with the Secretary of State's office today and they are prepared to do this.

REPRESENTATIVE JOE STRAUS: Representative Berman sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative White.

REPRESENTATIVE JAMES WHITE: Move passage.

REPRESENTATIVE JOE STRAUS: Anyone wishing to speak for or against House Bill 1502? Question occurs on passage to engrossment of House Bill 1502. All those in favor say aye, those opposed say nay. Ayes have it. House Bill 1502 is passed to engrossment. The chair lays out on second reading HB 2043. Clerk read the bill.

CLERK: HB 2043 by Menendez. Relating to the taxation of certain tangible personal property located inside a defense base development authority.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Menendez.

REPRESENTATIVE JOSE MENENDEZ: Thank you Mr. Speaker. I want to move to postpone this bill until after third reading tomorrow.

REPRESENTATIVE JOE STRAUS: Members, you heard the motion. Is this objection? The chair hears none. So ordered. The chair recognizes Representative Jackson for a motion.

REPRESENTATIVE JIM JACKSON: Mr. Speaker and members, I move to suspend all necessary rules to suspend the five day posting rule to allow the Committee on Judiciary and Civil Jurisprudence to meet and consider SB 1717 and pending business at 8:30 a.m. May 5th, 2011 in E2036.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? The chair hears none. So ordered. The chair recognizes Representative Cook for a motion.

REPRESENTATIVE BYRON COOK: Thank you Mr. Speaker. I move to suspend the five day posting rule to allow the Committee on State Affairs to consider SB 1504, SB 661, SB 1613, 15 minutes after final adjournment May 4, 2011, JHR140, after final recess.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? The chair hears none. So ordered. The chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Thank you Mr. Speaker and members. The Committee on Higher Education which had recessed this morning will now be adjourned and there will not be a meeting tonight. Thank you, members.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Ritter.

REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker, members. I move to recommit House Bill 2166 back to the Natural Resources Committee.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? The chair hears none. So ordered. Representative Kolkhorst. Chair recognizes Representative Kolkhorst for a motion.

REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members. And members of the Public Health Committee if you would listen, please. I'd like to suspend the following rules, the five day posting rule to allow the Committee on Public Health to consider SB 189, SB 190, SB 191, SB 227, SB 240, SB 256, SB 263 and SB 1661 and the previously posted agenda from today at 8:00 a.m. on May the 5th, 2011 in room E2.0218.

REPRESENTATIVE JOE STRAUS: Members, yhou heard the motion. Is there objection? The chair hears none. So ordered. Chair recognizes Representative Hartnett.

REPRESENTATIVE WILL HARTNETT: Thank you Mr. Speaker and members. I move to suspend the five day posting rule and all necessary rules to allow the Committee on Criminal Jurisprudence to consider pending business and SB 1024 tomorrow May 5th at 8:00 am in Reagan building room 120.

REPRESENTATIVE JOE STRAUS: Members, you heard the motion, is there objection? The chair hears none. So ordered. The chair recognizes Representative Kolkhorst for an announcement.

REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members. The Public Health Committee will meet tonight to hear the House Bill numbers and then we'll move senate bills or we'll try to get through as many senate bills tonight but we will move them to tomorrow morning. So we will not be in committee long but we will meet tonight.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gooden.

REPRESENTATIVE LANCE GOODEN: Mr. Speaker and members. I move to suspend the five day posting rule to allow the Committee on County Affairs to consider SB 1692, SB 373, SB 1687, SB 1014, SB 917 and pending items at 8:30 tomorrow at E2016.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? The chair hears none. So ordered. Following announcements. Clerk read the announcements.

CLERK: The Committee on County Affairs will meet at 8:30 a.m. on May the 5th, 2011 at E2.016. This will be a public hearing consider SB 1692, SB 373, SB 1687, SB 1014, SB 917 and pending items. The Committee on Criminal Jurisprudence will meet at 8:00 a.m. on May the 5th, 2011 at JHR120. This will be a public hearing to consider pending business and SB 1024. The Committee on Public Health will meet at 8:00 a.m. on May the 5th, 2011 at E2.028. This will be a public hearing consider SB 189, SB 190, SB 191, SB 227, SB 240, SB 256, SB 263, SB 1661, and previously posted agenda. The Committee on Energy Resources will meet following final recess this evening on May the 4th, 2011 at desk No. 108 on the House floor. This will be a formal meeting to consider pending business. The Committee on State Affairs will meet 15 minutes after final recess on May the 4th, 2011 at JHR140. This will be a public hearing to consider SB 1504, SB 1613, SB 661, and previously posted agenda. The Committee on Judiciary and Civil Jurisprudence will meet at 8:30 a.m. on May 5, 2011 at E2.036. This will be a public hearing to consider SB 1717 and pending business.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hartnett to reconsider the vote by which HB 1813 failed.

REPRESENTATIVE WILL HARTNETT: Thank you Mr. Speaker and members. I want to bring back up Chairman Phillips House Bill 1813 so that he can postpone it to July 4th if the House will allow us to do that. So I move that we reconsider House Bill 1813.

REPRESENTATIVE JOE STRAUS: Members, you have heard the motion. Is there objection? The chair hears none. So ordered. Chair recognizes representative Phillips.

REP. LARRY PHILLIPS: Thank you Ms. Hartnett and Mr. Speaker. I move to postpone HB 1813 until July 4th 12:00 p.m. of the year 2012.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? The chair hears none. So ordered. Following bills on first reading and referral to committee.

CLERK: HB 3865 by Issac. Relating to the Hays Trinity Groundwater Conservation District. HCR 141 by Craddick. Granting William James Stroman, Jr., permission to sue the State of Texas and the board of regents of The University of Texas System. HCR 142 by Davis. Congratulating Clear Lake High School junior Cameron Blizzard on overcoming cancer. HCR 143 by Davis. Honoring Debra L. Friedkin for her support of the ongoing anthropological research at the Debra L. Friedkin site by Texas A&M University's Center for the Study of the First Americans. HCR 144 by Parker. Designating June 2 as Italian Heritage Day for a 10-year period, beginning in 2011. HCR 145 by Smithee. Directing the governor of the State of Texas to posthumously award the Texas Legislative Medal of Honor to Lieutenant General (Brevet) Everett Selden Simpson. SB 9 by Williams. Relating to homeland security; providing penalties. SB 150 by West. Relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Department of Veterans Affairs and to updating certain references related to the grant of that authority to other federal law enforcement personnel. SB 288 by Lucio. Relating to authorizing the Department of Public Safety of the State of Texas to operate one or more southbound vehicle checkpoints near the international border of this state for the purpose of preventing certain criminal offenses. SB 346 by Gallegos. Relating to the curriculum that must be provided by a disciplinary alternative education program. SB 947 by Patrick. Relating to granting limited state law enforcement authority to certain criminal investigators of the United States and to other federal law enforcement personnel. SB 1036 by Williams. Relating to notice required in connection with possessory liens on motor vehicles. SB 1059 by Nichols. Relating to the program for improvement of collection of court costs, fees, and fines imposed in criminal cases. SB 1117 by Whitmire. Relating to the prosecution of a parent contributing to the nonattendance of a public school student. SB 1138 by Watson. Relating to design-build contracts and comprehensive development agreements of regional mobility authorities. SB 1184 by Nichols. Relating to the creation of the Timber Springs Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds. SB 1196 by Rodriguez. Relating to guardianships and alternatives to guardianship for persons who have physical disabilities or who are incapacitated. SB 1197 by Rodriguez. Relating to trusts. SB 1208 by Whitmire. Relating to the age until which juveniles placed on determinate sentence probation may be on probation. SB 1231 by Estes. Relating to the regulation of health spas by the secretary of state. SB 1328 by Watson. Relating to optional dispute resolution methods regarding educational services for students with a disability, including individualized education program facilitation. SB 1404 by Hinojosa. Relating to the deadline for filing a suit to compel an appraisal review board to change an appraisal roll. SB 1445 by Zaffirini. Relating to the contents of reports of political contributions and expenditures. SB 1488 by West. Relating to the purchasing and contracting practices of junior college districts; providing criminal penalties. SB 1546 by Patrick. Relating to the right to a new hearing before an appraisal review board following a failure to attend a hearing. SB 1564 by West. Relating to developmental education courses and the assessment of student readiness under the Texas Success Initiative for public institutions of higher education. SB 1649 by Watson. Relating to a grant program to support the prosecution of certain crimes. SB 1664 by Duncan. Relating to the powers and duties of and contributions to and benefits from the systems and programs administered by the Employees Retirement System of Texas. SB 1841 by Van de Putte. Relating to the preservation and maintenance of the Alamo by the General Land Office. SCR 52 by Watson. Recognizing Donn and Arlene Adelman for their efforts on behalf of Crime Stoppers. Pursuant to rule 1221 the chair corrects the following rules and resolutions. HB 875 by Fraser. Relating to the identification of certain defendants as foreign nationals who were not lawfully admitted to the United States or whose lawful status has expired and to their release on bail.

REPRESENTATIVE JOE STRAUS: Are there any other announcements? If not Representative Coleman moves that the House stands recessed pending the reading and referral of resolutions until 10:00 a.m. tomorrow in memory of Representative Reynolds mother Glenda Fay from Brown of Katy who passed away April 8th, 2011. House stands at recess.