SPEAKER OF THE HOUSE: The Chair asks Representative Isaacs for a motion.

REPRESENTATIVE ISAACS: Thank you, Mr. Speaker and Members. I move to spend also necessary rules and take up Memorial Resolution HR 1173.

SPEAKER OF THE HOUSE: Members, this is a Memorial Resolution. Would you please take your seats. Take your conversations outside the rails. The following Resolution. The clerk will read the Resolution.

THE CLERK: HR 1137 by Isaacs. Family and friends will forever recognize the memory of Raymond Orwin Wynett, who passed away on March. In memory of Raymond Orwin Wynett, Sr., of Dripping Springs, who passed away on March 20, 2011, at the age of 81. He was the son of KC and Lilly Wynett. Raymond Wynett was raised on the ranch with his sister Linda. He enjoyed 50 years of partnership with his wife, Betty Joy Bradshaw-Wynett before her passing, and he took great pride in his daughter Adelle and his had son ray, with whom he operated a successful water and welding drilling business. Mr. Wynett was well known for his gift for finding underground source of water. And Water Wynett remains in great demand after his retirement. And whereas he also worked as a reserve deputy sheriff in Hays County. In his free time he enjoyed vacationing in his mountain cabin in Colorado. And those who were privileged to share in the love of Raymond Wynett will always remember him with great admiration and affection. Now there ever therefore be it resolved that the House of Representatives that the 82nd Texas Legislature hereby pay tribute to the life of Raymond Orwin Wynett, Sr., senior and extends sincere sympathy to the members of his family. To his children Ray Wynett, Jr., and his wife Connie, and Adelle Wynett-Casey, and to his grandchildren, Brand Wynett and his wife Shayna Wynett, to his great-grandchildren, Chase and Jake Wynett and Ashton Church, and to his other relatives and friends. And be it further resolved in an official copy of this Resolution, be prepared further to his family and that when the Texas House of Representatives adjourns this day, they do so in memory of Raymond Wynett.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Isaacs.

REPRESENTATIVE ISAACS: Thank you, Mr. Speaker, Members. Over the last couple of years I've become very close to the Wynett family. Ray Wynett, Sr., recently passed away. His grandchildren are in school with my children. His grandson lives just down the street from me and his son is a County Commissioner in Hays County. Just a great, great family and I wanted to do this to honor the memory of their father. His daughter Adelle is here with us today and I move adoption.

SPEAKER OF THE HOUSE: Members, this is a Memorial Resolution. All those in favor of adoption please rise. Representative Walle moves to add all members' names. Is there an objection? Hearing none. Is Mr. Brown on the floor of the House? Is Mr. Bonnet on the floor of the House?

REPRESENTATIVE JONES: Members, we are ready to begin consideration of the Congratulatory and Memorial Calendars. The following Congratulatory Resolutions have been previously adopted. HR 1512, HR 1489 and HR 1521. The Chair lays out the following Congratulatory Resolutions. The clerk will read the Resolutions.

THE CLERK: HR 1404 by Anderson of McClellan congratulating Jacqueline Nicole Simms-Lackey and Christopher Blake Lackey on their wedding. HR 1470 by Coronary Officer Jason Volden for his public service. HR 1471, congratulating Lieutenant Colonel Michael D. Huss for his service for the Texas and the United States. HR 1472 by Hughes honoring Gail Green of Tyler for his service to the United States. Senator Phil Graham and U.S. Senator John Cornan. HR 1473 by Hughes congratulating Colby Nichols of Goodman. The receipt of the Lone Star Farmer Degree. HR 1474 by Hughes honoring Cody Olson of Winsborough High School on their selection of the 2011 All State Band Member. HR 1475 by Hughes honoring Josh Hooks of Winsborough High School on his selection of the 2011 All State Band Member. HR 1476 by Hughes honoring Stephen Bears of Winsborough High School on his section of the 2011 All State Band Member. HR 1477 by Hughes congratulating John Callison of Minolta High School on receiving 2010 Teacher of the Year from the Chamber of Commerce. HR 1478 by Hughes honoring Gaylon Hughes honoring him on his receipt of the 2010 Man of the Year on the B.R. Short Man of the Year for the Minolla Chamber of Commerce. HR 1479 by Hughes congratulating Ann Malutto on receipt of the 2010 Woman of the Year and the Minolla Chamber of Commerce. HR 1480 by Hughes congratulating Ronnie and Vickie Buchanan of Hillsville on their 50th wedding anniversary. HR 481481 by Hughes congratulating Sam Threadgill on being named the 2010 Officer of the Year from Wood County. HR 1482 by Hughes congratulating Gaye Smith-Hill of Gordon County on being named the Ms. Wood County International 2011. HR 1491 by congratulating Amanda Rucker of Grand Saline High School of the MVP of the 8th Annual Holiday Orthopedics Basketball and Game. HR 1492 congratulating Aleta Gulsby of Hotco on the City Park being named in her honor. HR 1493 honoring Lou Spieling on his retirement as Associate Superintendent for the Business and Governmental Relations of Mansfield Independent School District. HR 1494 honoring Gayle Monick for his service on the Board of Mansfield Independent School District Board of Trustees. HR 1495 honoring Scott Snow for the Mansfield Independent School District Board of Trustees. HR 1500 commemorating the 110th Anniversary of the Sacred Heart Catholic School in Del Rio. HR 1501 by Walle congratulating Gerry Johnson Anders of Houston and the honor she received from the Institute of Rehabilitation from the TRII Family. HR 1511 by Taylor of Galveston commemorating the inaugural session of the American Baptist Association of Greater New Hope Baptist of League City. Hr 1513 by Martinez commemorating the Second Annual Cinco de Mayo BBQ Cook-Off & Fiesta in San Juan. HR 1514 by Farr commemorating the 2011 Cinco de Mayo Celebration at Eugene Farr School in Houston. HR 1517 by Anderson of McClelland congratulating Lindsey Faylon and Macey Segora on their wedding. HR 1518 by Anderson of McClellan congratulating the Heart of Texas Volleyball Institute on the members of the Texas 18 & Under on winning the Austin Sport Center No. 34 tournament. HR 1319 by Anderson of McClellan congratulating Shannon Marie Stenton Goss and Christopher Stenton Goss of Waco on their wedding. HR 1522 by Gonzales of Hidalgo congratulating Josa Ramirez Gostasa of McAllen on his 73rd birthday. HR 1523 of Gonzales of Hidalgo honoring Dr. Carl Seale of his occasion of Alley Symphony orchestra & Concerto Gala on April 30, 2011. HR 1524 by Gonzalez of Hidalgo honoring Patti Falkin of the Shining Star on her contributions to the community. HR 1525 of Hidalgo congratulating

(inaudible). HR 1526 of Hidalgo (inaudible) 73rd. HR 715727 congratulating Mario of Hidalgo on being named the Shining Star to Youth and Education. HR 1526 by Hidalgo congratulating Jaylen Kaleen for his accomplishments in the sport of motocross. HR 1529 congratulating Gayle Roactects of McCowen along with Executive Chief Officer Eleio Ochoa and Chief Designer Manuel Arroyo on receiving the award of 2011. HR 1530 by Luis Ella commemorating the 125th Anniversary of the United States Post Officer in Poteet. HR 1540 by Anderson of McClellan congratulating the U.S. Army Private Larry Matthis, Jr., on graduating the course for his specialty in the field of Artillery, Automated Technical Data Systems. HR 1441 by Anderson McClendon congratulating Megan Mullins on her election as President of the Greater Waco Aggie Club. HR 1542 of McClelland congratulating William L. Pearlie of Waco on graduating from the Advanced Training Course for his specialty in Automated Tactical Data Systems for Field of Artillery. HR 1543 congratulating Army National Guard Specialist Stephen Bernard on graduating from the Infantryman Training at Fort Brenham. HR 1544 by Anderson of McClellan congratulating Hunter Fischer of Crawford High School for his achievements at the Texas High High School Power Lifting Association regional & Championship Power Lifting Meets. HR 1545, Anderson of McClendon congratulating Midway High School students Taylor Matson and Wayne Newberg and Susan Strigger on winning the local Voice of Democracy contest. HR 1547 by Anderson of McClendon congratulating Kenneth and Geneva Bolin of Waco on their 50th Wedding Anniversary. HR 1549 by Anderson of McClendon congratulating Jennifer Alissa Nalor and Nathan Boles on their wedding engagement. HR 15151 by Anderson of McClendon congratulating Brandon and Lindsey Terry of Marine on their marriage. HR 1552 by Anderson of McClendon congratulating Melissa Jane Bennin and Steven Colin Jones on their pending upcoming nuptuals. HR 1554 by Anderson of McClendon congratulating Randall Dossy, Carolyn Meyer and Judy Padgood on their receipt of the Extra Mile Award for the Midway Independent School District for the Independent County. HR 1556 by Anderson of McClendon on congratulating Marie (inaudible) on her 100th birthday. HR 1558 by Branch on the 101-year old Texas Christian University of Margeen Froth of Dallas. HR 1559 by Creighton congratulating John and Sue Beth Berg of Conroe on their 50th Wedding Anniversary, and honoring them for their contributions to the community. HR 1560 by Creighton commemorating the number of citizens and members of Post Wells on their efforts to protect the ground water supply in Montgomery County. HR 1562 by Kleishman honoring Monsignor Harry Moresuites of Lowcranes on the 60th Anniversary of ordination. HR 1563 by Phillips honoring Texas Department of Transportation Executive Director Emma Del Sans, Jr., for his service. HR 1564 by Phillips honoring Steven Yee Simmons, Deputy Executive Director for the Texas Department of Transportation for his service. HR 1565 by Guillen congratulating Bob Compelson on his retirement from the Webb County Juvenile Department. HR 1566 by Lowell commemorating the 121st Annual Friend of Me Fest honoring celebrations of junior and senior loyalty. HR 1567 by Lowell congratulating Special Ranger Thomas R. Roberts on his retirement from the Texas & Southwestern Cattle Rangers Association. HR 1568 by Lowell (inaudible) on his retirement as a long and accomplished coach from the Rio Grande Valley. HR 1569 by Lowell honoring (inaudible) Gonzales from his service from the County of Commissioner's Court. HR 1572 by Hildenbrand congratulating Clara Belle Snodgrass of Kerrville on earning the 2010 Governor's Award from the Texas Historical Preservation Commission. HR 1573 by Quinn recognizing the City of Edgewood as a wedding destination. HR 15755 by Shortner congratulating Crawford L. Shield of Georgetown in obtaining the rank of Eagle Scout. HR 1576 by Shortner congratulating Michael Thomas Bolin, Jr., of Georgetown in obtaining the rank of Eagle Scout. HR 1577 by Shortner congratulating Jack and Kaye Huffman on their 50th Wedding Anniversary. HR 1581 by Hughes congratulating Dr. Mark Neely of the first Baptist Church of Minolla for his receipt of the Lou Mallory Circle Preservation Award. HR 1582 by Sheets honoring the Lake Islands' moms for its work on behalf of the area men and women serving in support of the Lake Islands military families.

SPEAKER OF THE HOUSE: Members, the question is on the adoption of the Congratulating Resolutions read by the clerk. Is there an objection? The Chair hears none. So ordered. Members, we are getting ready to go on the Resolutions Calendar. Would you please take your seats, and if you have conversations, would you please take those conversations outside the rail. The following Memorial Resolutions have been withdrawn, HR 1561. The following Memorial Resolutions have been previously adopted, HR 1487. The Chair lays out the following Memorial Resolutions. The clerk will read the Resolutions.

THE CLERK: HR 809 by Gutierrez. In memory of U.S. Army Sergeant First Class Calvin B. Harrison of Cold Springs. HR 958 by Hunter in memory of Diana Maria Kirby of Rock Port. HR 1468 by Margo in memory of Roy Franklin Lewis of El Paso. HR 1469 by Margo in memory of Igor Illari of El Paso. HR 1444 by Veesey in memory of Fort Worth Independent School District Naquatic Director Dr. Al Bield. HR 1488 by Nash in memory of Florence Alvin Allen, Sr., of Houston. HR 1496 by Gallego in memory of Jose Louis Sanchez of Presidio. HR 1497 by Gallego in memory of Willard Lowell Hendershot of Alpine. HR 1498 by Gallego in memory of Andrea Anderson of Del Rio. HR 1499 by Gallego in memory of Robert Paul McPhallen of Alpine. HR 1401 by Gallego in memory of Fred Shelly. HR 150 by Gallego in memory of Olivia Baronne. HR 1503 by Gallego in memory of Francisco Bancho Ramiro-Liva of Alpine. HR 1504 by Gallego in memory of Virginia Loraine Baker of Alpine. HR 1505 by Gallego in memory of Albert of Presidio. HR 1510 by Miles in memory of Lensa Herman-Brown of Houston. HR 1515 Martinez in memory of William Nozeno of Houston. HR 1531 by Anderson in memory of Thomas Emmett Davenport. HR 1532 by Anderson of McClendon in memory of Anthony Dang Chaffer of Waco. HR 1533 by Anderson of McClendon in memory of Carrie Jean Dotson-Buck of Waco. HR 1534 by Anderson of McClendon in memory of Jesse Faye Johnson of Waco. HR 1536 by Anderson of McClendon in memory of Mark Skogg Lansdown. HR 1537 by Anderson of McClendon in memory of Francis Lisrinskey of Waco. HR 1538 by Anderson of McClendon in memory of John Edwin Horne of Larena. HR 1539 by Anderson of McClendon in memory of Walle Lee Woodlow of Beverly Hills, Texas. HR 1546 by Anderson of McClendon in memory of Miriam Simmons of Waco. HR 1548 by Anderson of McClendon in memory of Alice Marie Hamilton of Waco. HR 1550 by Anderson of McClendon in memory of Dorothy Hightower of Waco. HR 1553 by Anderson of McClendon in memory of Delton Felsteed of Waco. HR 1555 by Anderson of McClendon in memory of Patricia E. Barkley of Robinson. HR 1557 by Anderson of McClendon in memory of Maureen Pruitt of Woodway. HR 1570 by Margo in memory of Flora M. Miller of El Paso.

SPEAKER OF THE HOUSE: Members, the question is on the adoption of the Memorial Resolutions read by the clerk. Members, these are Memorial Resolutions. All those in favor, please rise. The Memorial Resolutions are unanimously adopted. Representative Sheets requests all members' names be added to HR 809 in honor of the fallen United States servicemen and women. Is there any objections? The Chair hears none. So ordered. The Chair recognizes Mr. Perry.

REPRESENTATIVE PERRY: Thank you, Madame Chair. Members. It's a privilege today to acknowledge some folks from Plaines, Texas in the gallery today. They are currently second place overall UILL 1-A Regional Spring Meet. They've come to Austin to compete in calculator, mathematics and journalism competition. I think they're in the gallery somewhere. If they would stand up and everybody give them a round of applause. There they are. Accompanied today is coordinator and calculator coach, Brad Preesdon. Mathematics coach, Kelly Bowers. Journalism coach, Derr. Cody Freezen, Hunter Welch. Maya Corta. Troy Aldridge. Jack Chu. And Adriana Truly. Congratulations for their exemplary performance and the best of luck at the regional meet this week in Austin. I'm your current representative for the next two years, and if it holds true, this will be your next representative for your region, Jim Lantern. So it's a privilege to acknowledge you guys today. Give them a round of applause you guys. Thank you Madame Chair.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Pena for recognition.

REPRESENTATIVE PENA: Members, colleagues, let's take a minute to recognize some people who have come in from the valley, from the Idea Academy of Edenberg over here in the Southern Gallery. If you could stand, please. These young people have driven all the way over here in a bus to see their Capital at work. Let's welcome them with a round of applause. Welcome. Welcome to your Capital.

SPEAKER OF THE HOUSE: Is Representative Cook on the floor? The chair recognizes Representative Bonnen for a motion.

REPRESENTATIVE BONNEN: Mr. Speaker, I ask to take up House Resolution 1670.

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

THE CLERK: HR 1670 by Bonnen urging the government of Turkey to uphold and safeguard religious and human rights for all its citizens without compromise; to grant the patriot and international recognition. Ecclesiastical succession. They have the right to train clergy of all nationalities and to respect their property rights and human rights of the (inaudible) to all religions and faith and traditions.

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

REPRESENTATIVE BONNEN: Mr. Speaker, Members, this is a Resolution to support religious freedoms and encourage the Turkish government to be supportive of these religious freedoms. I move passage.

SPEAKER OF THE HOUSE: Members, you've heard a motion by Mr. Bonnen. Is there an objection? The chair hears none. The motion is adopted and passed. The Chair recognizes Representative Cook for an announcement.

REPRESENTATIVE COOK: Thank you, Madame Speaker. I request permission for the Committee on State Affairs to meet while the House is in session. The time, 11:15 a.m., May 5, 2011, place, 3W15, to consider pending business.

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

THE CLERK: The Committee on State Affairs will meet at 11:00 a.m. on May 5th, 2011, at 3W15. This will be a formal meeting to consider pending business.

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Miles for a recognition.

REPRESENTATIVE MILES: Thank you, Madame Speaker, Members. I'd like for the students of Fondren Middle School to stand up. I'd like to give them a recognition. Fondren Middle School is in our district. This is Fondren Middle School. Glad to have you all here. You all look sharp and enjoy your day at the Capital. Please give them a round of applause. Thank you all for being here. It's your Capital.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Alonzo for a previously-adopted Resolution.

REPRESENTATIVE ALONZO: Thank you, Ms. Speaker. Members. Today is a special day. Today is Cinco de Mayo and everybody knows what Cinco de Mayo is. And if you don't know, we're going to read the Resolution so we can get very familiar with why we're having a celebration throughout the State of Texas:

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Alonzo to read the Resolution.

SPEAKER: And I'm going to read the Resolution or try to and I'm going to do it in Spanish. Okay. Here we go. House Resolution 80, and it says Resolution, okay. You want me to do it in Spanish? Can I do it in Spanish? Okay. We had a discussion about whether English. We're just going to stick to the point for right now. "Whereas Texans and many other Americans joining with their neighbors in the south of the Rio Grande on May 5, 2011, which is today, to celebrate Cinco de Mayo, a holiday honoring the legendary Mexican victory over the French at the battle of Puebla in 1862. "And whereas after chapting under Spanish colonization for several centuries, Mexico declared itself a free and independent nation in 1821. The transition from colonism was a difficult one. "In the mid 19th century saw the young nation struggling to maintain the young government. The powers in Europe, seeking to take advantage of Mexico's troubles and recover some of the rich territory they had lost during recent independent movements, joined forces to invade the country in 1861. "And whereas, although England and Spain although eventually withdrew, the French continued its invasion, and by 1862 had begun the march inland toward Mexico City. "Led by the young General Ignacio Saline Zaragoza, a small, poorly-armed Mexican malitia countered the well outfitted French soldiers at Puebla, a town southeast of the Capital. And despite being vastly outnumbered, they well and soundly defeated the French Army. "And whereas that victory at Puebla in 1862 was an important event in the history of the Republic of Mexico, for by conquering one of the world's finest military forces, the courageous Mexican soldiers struck a blow against imperialism and foreign domination and marked extraordinary triumph for Mexican independence and pride. "And whereas today, the Anniversary of that famous battle is observed in many U.S. cities as well as in Mexico. "But Cinco de Mayo celebration in Texas is unique because they pay tribute to our heritage with Mexico. General Zaragoza, born in Presidio La Bahia, near present day Gollad, Texas, holds a distinctive place in history as a true Tejano of both Texas and Mexico. Thank you. And his determination to honor and depend the homeland is as inspiring now as it was a century ago. "And whereas Cinco de Mayo pays homage to one of the notable events in Mexico's past, while celebrating its music, food, art and traditions, the Annual event has truly become a special part of the rich cultural fabric of the Lone Star state. "Now, therefore, be it resolved that the Texas House of Representatives of the 82nd Legislature hereby commemorates Cinco de Mayo 2011 and encourages its observance around the state." Members, we already adopted this Resolution, but it's important to recognize, as you can tell. In every single one of our neighboring cities we celebrate this, and as I was listening with Marjorie Coretera which is the lady right there with the camera, she asked, why do we celebrate Cinco de Mayo and we make it a big deal? Well, it's a big deal for the reasons I just pointed out and I will encourage you to, please, not forget. I know back home, throughout Houston, San Antonio, the valley, Dallas, especially Saturday, we're going to have a parade downtown in my neighborhood, Oak Cliff. So with that I ask we move adoption. But does anybody want to ask?

REPRESENTATIVE MARQUEZ: Madame Speaker.

SPEAKER OF THE HOUSE: For what purpose, Representative Marquez?

REPRESENTATIVE MARQUEZ: I ask that all names be added to this bill.

SPEAKER OF THE HOUSE: You heard the motion. Is there an objection? The Chair hears none. So ordered. Excuse Representative Anderson because of business in his district. A motion by representative Kleissman. Is there an objection? The Chair hears none. So ordered. Is Mr. Rodriguez on the floor of the House? The Chair recognizes Representative Allen for a very, very important announcement for the women of the Texas House of Representatives. .

REPRESENTATIVE ALLEN: Ladies, we're going to take a picture in the Chris Room and we're going to do it right now. Right now. All ladies in the House. All of the representatives. We do it now. Thank you. Now. Right now. Move.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hilderbran.

REPRESENTATIVE HILDERBRAN: Mr. Chairman, Members, I move to spend all necessary rules to take up and consider House Resolution 1758, which is a Resolution honoring a group of folks in Kerr County and Kerrville and the Hill country area that will be celebrating our victory, our most recent victory, in the War on Terror in Kerrville tomorrow afternoon.

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

THE CLERK: HR 758 by Hilderbran, commemorating the God Bless America Rally Honoring Members of the U.S. Military and CIA and other responsible people bringing Osama Bin Laden to justice.

SPEAKER OF THE HOUSE: Move passage. Members, you've heard the motion. Is there any objection? The Chair hears none. So ordered. Representative Hilderbran moves to add all members' names. Is there any objection? So ordered. The Chair recognizes Representative Turner.

REPRESENTATIVE TURNER: Representative King, Susan King. Representative King, the women, I think, are waiting for you to take your picture. Let me just say that the men picture, all men, our pictures will be taken on tomorrow accordingly. This is not just for the Black Caucus. This is all men in the Texas House. The Poor Man's Caucus. All men. All men. Yes, this is the Men's Caucus Picture. That picture will be taken tomorrow. So please, please, make sure that you are here and present.

SPEAKER OF THE HOUSE: Members we're about to start on the Local & Consent Calendars, just as soon as the women folk are done. Is Mr. Branch on the floor of the House? Is Mr. Eissler on the floor of the House?

(Brief recess taken.)

SPEAKER OF THE HOUSE: Members, we're about to begin the Consideration of Local & Consent Calendar. Please be ready to have any bills on the calendar ready and up here. If I have to call you three times, you go to the end of the calendar automatically. Two times. All right. Just twice. The Chair recognizes Representative Raymond to explain House Bill 753.

REPRESENTATIVE RAYMOND: Thank you, Madame Speaker, Members, 753 deals with pre-employment assessment.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 753? The Chair hears none. And lays out House Bill 753. The clerk will read the bill.

THE CLERK: 753 by Raymond is for case for employees for the Department of Family and Protective Services.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Raymond.

REPRESENTATIVE RAYMOND: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 753. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Davis of Dallas to explain House Bill 783.

REPRESENTATIVE DAVIS: Thank you, Madame Speaker. Members. House Bill 783 increases a penalty for impersonating a peace officer.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 783? The Chair hears none and lays out House Bill 783. The clerk will read the bill.

THE CLERK: House Bill 783 by Davis of Dallas relating to the certain penalties for impersonating a peace officer or public servant and misrepresenting the nature of certain property.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Davis.

REPRESENTATIVE DAVIS: Move adoption.

SPEAKER OF THE HOUSE: The question occurs on House Bill 783. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Parker to explain House Bill 807.

REPRESENTATIVE PARKER: Thank you, Madame Speaker. House Bill 807 requires that DSPS give at least 48 hours before removing a foster child from his home.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 807? The Chair hears none. The clerk will read the bill.

THE CLERK: House Bill 807 by Parker relating to the notice given to a foster parent before changing the child's foster care.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Parker.

REPRESENTATIVE PARKER: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading to passage 807. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gallego.

REPRESENTATIVE GALLEGO: Thank you, Madame Speaker. House Bill 3804, Education Department.

SPEAKER OF THE HOUSE: Representative Gallego moves to withdraw his bill from the calendar.

REPRESENTATIVE GALLEGO: Actually, thank you, Madame Speaker. This is the local and consent bill on that now. Moves the Capital to Alpine and far West Texas.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1080?

REPRESENTATIVE RAYMOND: Madame Speaker.

SPEAKER OF THE HOUSE: For what purpose?

REPRESENTATIVE RAYMOND: Would the gentleman yield?

SPEAKER OF THE HOUSE: Will you yield, Mr. Gallego?

REPRESENTATIVE GALLEGO: Absolutely.

REPRESENTATIVE RAYMOND: Yesterday you got on the back mic and very clearly asked me questions and everybody could hear what you were saying. Could you please tell us what your bill is about.

REPRESENTATIVE GALLEGO: Absolutely. The bill relates to an exemption for active-duty personnel and we have a 100 education program that requires you take so many hours of training.

REPRESENTATIVE RAYMOND: Thank you.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1080? .

REPRESENTATIVE MURPHY: Madame Speaker, would the gentleman yield?

SPEAKER OF THE HOUSE: For what purpose, Mr. Murphy?

REPRESENTATIVE MURPHY: I need to ask a question or two.

SPEAKER OF THE HOUSE: Will you yield for Mr. Murphy?

REPRESENTATIVE GALLEGO: Sure.

REPRESENTATIVE MURPHY: Representative, I noticed today on the calendar, I saw at least six of your bills on the table calendar. Is that correct?

REPRESENTATIVE GALLEGO: That was the ones from last time, to let the Senate bills catch up.

REPRESENTATIVE MURPHY: That's pretty successful. Can I have an inquiry?

SPEAKER OF THE HOUSE: State your inquiry, Mr. Murphy.

REPRESENTATIVE MURPHY: Is it too late to have Pete pick up some of my bills and get them approved?

SPEAKER OF THE HOUSE: I'm not advised.

REPRESENTATIVE MURPHY: Thank you.

SPEAKER OF THE HOUSE: Is there any objection to consideration of House Bill 100? The Chair hears none and lays out House Bill 1080. The clerk will read the bill.

THE CLERK: House Bill 108 by Gallego related to the infraction(inaudible) of veterans to complete 1:00 hours of education.

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

MR. GALLEGO: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 1080. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Hartnett to explain House Bill 1111.

REPRESENTATIVE HARTNETT: This deals with appeals of evictions.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 1111? The Chair hears none. Lays out House Bill 1111. The clerk will read the bill.

THE CLERK: House Bill 1111 by Hartnett requiring the renter to pay rent during the appeal of an eviction and non-payment of rent.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hartnett.

REPRESENTATIVE HARTNETT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 1111. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Orr to explain House Bill 1619.

REPRESENTATIVE ORR: Madame Speaker, this bill increases transparency for Emergency in-Service Districts.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 1619? The Chair hears none and lays out 1619. The clerk will read the bill.

THE CLERK: House Bill 1619 by Orr relating to Emergency Services Districts.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr.

REPRESENTATIVE ORR: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 1619. Is there an objection? The Chair hears none. So ordered. The House recognizes Representative Kipple to explain House Bill 1749.

REPRESENTATIVE KIPPLE: Thank you. 1749 deals with loss of county roads.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 1749? The Chair hears none and lays out House Bill 1749. The clerk will read the bill.

THE CLERK: House Bill 1749 by Kipple relating to county roads will be established by maintaining --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Kipple.

REPRESENTATIVE KIPPLE: Move passage of House Bill 1749. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Hartnett to House Bill 1341.

REPRESENTATIVE HARTNETT: This bill let's probate judges serve as special judges.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1931? The Chair hears none and lays out House Bill 1931. The clerk will read the bill.

THE CLERK: House Bill 1931 relating to a person who may serve as special judge in certain civil and family law matters.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hartnett.

REPRESENTATIVE HARTNETT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of third reading of House Bill 1931. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Gallego to explain in English House Bill 1988.

REPRESENTATIVE GALLEGO: It's Cinco de Mayo day, Madame Speaker, but I would -- this bill relates to allowing an immediate family member of certain deceased peace officers to make an oral statement about a plea bargain and there is an amendment by Ms. Carter that I will lay out for her.

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

THE CLERK: House Bill 1988, the amendment by Gallego, immediate family members of certain deceased peace officers shall make an oral statement regarding the terms of a plea bargain agreement.

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

THE CLERK: Amendment by Carter.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego to explain the amendment.

REPRESENTATIVE GALLEGO: Thank you, Madame Speaker. The amendment relates to not allowing Cross-Examination of the person, of the family members who's making the oral statement.

SPEAKER OF THE HOUSE: Is there an objection to consideration of the Amendment? The Chair hears none. So ordered. Move adoption?

REPRESENTATIVE GALLEGO: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage the third reading of House Bill 1988. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Pena to explain House Bill 2052.

REPRESENTATIVE PENA: This bill relates to certain information that the county vote or register by the Secretary of State.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2052? The Chair hears none. The clerk will read the bill.

THE CLERK: House Bill 2052 by Pena is information that the county vote or register by Secretary of State --

SPEAKER OF THE HOUSE: The Chair hears none. Recognizes Representative Pena.

REPRESENTATIVE PENA: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2052, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Pena to explain House Bill 2061.

REPRESENTATIVE PENA: This relates to agency action concerning assisted living -- I'm sorry. This relates to the reporting of certain information to the Director of the Bureau of Vital Statistics.

SPEAKER OF THE HOUSE: Is there an objection to the consideration of House Bill 2061? The Chair hears none and lays out 2061. The clerk will read the bill.

THE CLERK: House Bill 2061 by Pena relating to reporting of certain information to the director of the Bureau of Vital Statistics.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Pena.

REPRESENTATIVE PENA: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2061. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Branch for an announcement.

REPRESENTATIVE BRANCH: Thank you, Madame Speaker. Members. Request permission for the Committee on Higher Education to meet while the House is in session at 11:45 a.m. at 3W.9 to consider pending business.

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

THE CLERK: The Committee on Higher Education will meet at 11:45 a.m. on May 5, 2011. This will be at 3W.9. It's a formal meeting to consider pending business.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt to explain House Bill 2109.

REPRESENTATIVE TRUITT: Madame Speaker, this bill reinforces the state's aging policy in place. There's no known opposition.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2109? The Chair hears none and lays out House Bill 2109. Hearing none, the clerk will read the bill.

THE CLERK: House Bill 2109 by Truitt authorizes certain actions against --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.

REPRESENTATIVE TRUITT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of HB 2109, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Guillen to explain House Bill 2106.

REPRESENTATIVE GUILLEN: Thank you, Madame Speaker. House Bill 2106 ensures that basic public safety needs are met.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 2136? The Chair hears none and lays out 2136. The clerk will read the bill.

THE CLERK: House Bill 2136 by Guillen relating to subcontractors and regional contractors brokers.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2136, the third reading. Is there an objection? Hearing none. So ordered. The Chair calls on Representative Coleman regarding House Bill 2160.

REPRESENTATIVE COLEMAN: Thank you, Madame Speaker. What this bill does is allows expenditial membership to members of the legislature on their local committee and we have a Committee Amendment.

SPEAKER OF THE HOUSE: Is there objection to consideration of House Bill 2160? The Chair hears none and lays out House Bill 2160. The clerk will read the bill.

THE CLERK: House Bill 2160 by Coleman relaying to the governing body of a Regional Pending Commission.

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

THE CLERK: Amendment by Coleman.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Coleman to explain the Amendment.

REPRESENTATIVE COLEMAN: Thank you very much, Madame Speaker. What the Amendment does is strike the section dealing with MPOs and makes sure that it's

(inaudible) in all areas.

SPEAKER OF THE HOUSE: The question is on the adoption of the Amendment. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Coleman.

REPRESENTATIVE COLEMAN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 2160 as amended. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hartnett to explain House Bill 2195.

REPRESENTATIVE HARTNETT: Thank you, Madame Speaker. Members. This bill allows DART to enter into long-term commodity agreements.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 2195? The Chair hears none and lays out House Bill 2195. The clerk will read the bill.

THE CLERK: House Bill 2195 by Hartnett makes requirements for certain arrangements or agreements for certain regional transportational authorities.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hartnett.

REPRESENTATIVE HARTNETT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2195, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Lucio to explain House Bill 2205.

REPRESENTATIVE LUCIO: Thank you, Madame Speaker. This bill amends the civil practices remedies go to people who purchase property from the State of Texas as long as the people purchase properties stating that there's no abnormal taxes.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2205? If not, the Chair lays out House Bill 2205. The clerk will read the bill.

THE CLERK: House Bill 2205 relating to all persons to purchase any public sales real property and purchase of that property be provided.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Lucio.

REPRESENTATIVE LUCIO: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2205. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Hardcastle to explain House Bill 2284.

REPRESENTATIVE HARDCASTLE: Thank you, Madame Speaker. Members. House Bill 2284 is a compromise bill that addresses the overlap between architects and engineers in building design.

SPEAKER OF THE HOUSE: For what purpose, Mr. Smith?

REPRESENTATIVE SMITH: The gentleman calls for a question.

SPEAKER OF THE HOUSE: Would you yield for a question?

REPRESENTATIVE HARDCASTLE: Certainly I yield.

REPRESENTATIVE SMITH: Okay. Representative Hardcastle, is it your understanding that this bill is not intended to change up the following items are within the practice of engineering unless they are accepted by Chapter 1001 Occupation Code as it existed on April 1, 2011. Perhaps for structural electronic or geotechnical specifications of the building, foundation design, high logic management calculations and design of surface water control necessary for compliance with ordinances and regulations. Design of building, laying and waste system, plumbing, fresh water plumbing, evaluation of structural framing members prior to the addition of roof manning equipment or heavy roof covering. Evaluation and repair of damaged roof structural, training, electrical power and signal systems, and materials and products to be used in the building, components designed by the engineer, and specifications listing and quality and material and products for the construction of the investments of the building designed by the engineer. There's still some work to be done but we're billing to work on that in the Senate.

REPRESENTATIVE HARDCASTLE: This in no way will change the ability of an architect, how they can practice and yes, there's several things that need to be worked on in the Senate and we'll have it back.

REPRESENTATIVE SMITH: Madame Speaker, I'd request that the argument between Representative Hardcastle and myself be placed in the journal.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. Is there an objection to House Bill 2284? The Chair hears none and lays out House Bill 2284. The clerk will read the bill.

THE CLERK: House Bill 2284 by Hardcastle relating to the practice of engineering.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hardcastle.

REPRESENTATIVE HARDCASTLE: I move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of the passage of House Bill 2284. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Parker to explain House Bill 2367.

REPRESENTATIVE PARKER: Thank you, Madame Speaker. This bill would establish a temporary appointed panel to study the circumstances of parental abduction of children. I do have a Perfecting Amendment.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 2367? The Chair hears none and lays out House Bill 2367. The clerk will read the bill.

THE CLERK: By Hardcastle relating to the practice of engineering.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hardcastle.

REPRESENTATIVE HARDCASTLE: I move passage.

SPEAKER OF THE HOUSE: Is there an objection? The Chair calls.

REPRESENTATIVE PARKER: This bill would accomplish a temporary appointed panel to study temporary circumstances an abduction of children.

SPEAKER OF THE HOUSE: Is there an objection? House Bill 2367. The Chair hears none and lays out House Bill 2367. The Chair will read the bill.

THE CLERK: House Bill 2367 by Parker relating to the creation of an advisory panel to subsidize parental rights relating to the succession of or access to the parents of a child.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Parker.

REPRESENTATIVE PARKER: Thank you, Madame Speaker. Members. This bill, basically, re-words one of the study topics in a way that is agreeable to the Texas Council & Family Violence.

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

THE CLERK: Amendment by Parker.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Parker to explain the Amendment.

REPRESENTATIVE PARKER: Madame Speaker. Members. Very simply, Rewards One of the study topics in a way that is agreeable to the members.

SPEAKER OF THE HOUSE: Is there an objection to the adoption of the Amendment to House Bill 2367? The Chair hears none. So ordered. The question occurs on passage to the third reading of House Bill 2367. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative McClendon to explain House Bill 2397.

REPRESENTATIVE MC MCCLENDON: Thank you. Madame Speaker. This House Bill allows the ATZ to issue and advise proceeds of sales tax that already exists and authority to issue bonds as authorized by the public in 204.

SPEAKER OF THE HOUSE: Is there objection to consideration of House Bill 2396? The Chair hears none. The clerk will read the bill.

THE CLERK: House Bill 2396 by McClendon relating to admission of bonds by transportation districts.

SPEAKER OF THE HOUSE: The Chair recognizes Representative McClendon.

REPRESENTATIVE MC MCCLENDON: Move adoption.

SPEAKER OF THE HOUSE: The question occurs on passage of the reading of House Bill 2396. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Truitt to explain House Bill 2576.

REPRESENTATIVE TRUITT: Thank you, Madame Speaker. Members. This is about transparency. This bill ensures that hospital out-patient clinics ensure that certain information with patient --

SPEAKER OF THE HOUSE: Is there an objection to House Bill 2576? The Chair hears none and lays out House Bill 2576. The clerk will read the bill.

THE CLERK: House Bill 2576 by Truitt relating to the amount charged by certain health care facilities --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.

REPRESENTATIVE TRUITT: Move passage.

SPEAKER OF THE HOUSE: The Chair recognizes House Bill 2536. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Taylor of Galveston to explain House Bill 2604. The Chair recognizes Representative Hancock.

REPRESENTATIVE HANCOCK: Thank you very much, Madame Speaker. House Bill 2064 allows high agency accounts to meet the minimum capitalization requirements for their operations.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 2604? The Chair hears none and lays out House Bill 2604. The clerk will read the bill.

THE CLERK: House Bill 2604 by Taylor of Galveston relating to solvency accounts maintained by title agents.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hancock.

REPRESENTATIVE HANCOCK: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2604. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Sheets to explain House Bill 2655.

REPRESENTATIVE SHEETS: Thank you, Madame Speaker. The purpose of this bill is to allow an insurer who wishes to offer their insured a renewal with reduction in coverage to send the customer a Notice to Approve.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2655?

REPRESENTATIVE SHEETS: There is a Perfecting Amendment.

SPEAKER OF THE HOUSE: The Chair lays out House Bill 2655. The clerk will read the bill.

THE CLERK: House Bill 2655 by Sheets relating to notice of coverage, reduction and renewal of property and casualty insurance policy.

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

THE CLERK: Amendment by Sheets.

SPEAKER OF THE HOUSE: The Chair recognizes the Representatives Sheets to explain the Amendment.

REPRESENTATIVE SHEETS: Thank you, Madame Speaker. The Amendment clearly adds or just simply adds some additional citations from the bill.

SPEAKER OF THE HOUSE: Is there an objection to consideration of the Amendment? The Chair hears none and the House Bill 2655 is amended. The question occurs on passage to then third reading of House Bill 2655 as amended.

REPRESENTATIVE SHEETS: Move passage.

SPEAKER OF THE HOUSE: Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Orr to explain House Bill 2672.

REPRESENTATIVE ORR: Madame Speaker. Members. This is allows (inaudible) of RV boats at RV shows.

SPEAKER OF THE HOUSE: Is there an objection of House Bill 2672? The Chair hears none. The clerk will read the bill.

THE CLERK: House Bill 2672 by or relating to restrictions on the sale of certain motor vehicles and vehicles.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr.

REPRESENTATIVE ORR: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2872. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Coleman to explain House Bill 2947. Representative Coleman.

REPRESENTATIVE COLEMAN: Thank you, Madame Speaker. What this does is disclosure of hospital authorizations.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 2947? The Chair hears none. Lays out House Bill 2947. The clerk will read the bill.

THE CLERK: House Bill 2947 by Coleman relating to exceptions of an Article 14 paper from a hospital.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Coleman.

REPRESENTATIVE COLEMAN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2947. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Smith to explain House Bill 2972.

REPRESENTATIVE SMITH: Madame Speaker, Members. This is the costs associated with elections.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2972? The Chair hears none. Lays out House Bill 2972. The clerk will read the bill.

THE CLERK: House Bill 2972 by Smith relating to the costs associated with the elections.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Smith.

REPRESENTATIVE SMITH: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2972. Is there an objection? The Chair hears none. So ordered. The Chair progresses Representative Gallego to explain House Bill 3077.

REPRESENTATIVE GALLEGO: Thank you, Madame Speaker. House Bill 3077 relates to a verification of the incarceration of an accused person in a criminal case for the purpose of discharging, assure its liabilities.

SPEAKER OF THE HOUSE: Is there any objection to consideration of House Bill 3077? The Chair hears none and lays out House Bill 3077. The clerk will read the bill.

THE CLERK: House Bill 3077 by Gallego relating to verification of incarceration of an accused person.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.

REPRESENTATIVE GALLEGO: Let me move to postpone that until the end of the calendar.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Representative Gallego moves to postpone his House Bill 3077 to the end of the calendar. Is there an objection? The Chair hears none. So ordered. The calls Chair Representatives Gallego to explain House Bill 3078.

REPRESENTATIVE GALLEGO: Thank you. This one, the Senate Bill, isn't here. So House Bill 3078 relates to the residency requirements for certain elective offices.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 3078? The Chair hears none. Lays out House Bill 3078. The clerk will read the bill.

THE CLERK: House Bill 3078 by Gallego relating to the requirements of an elected officer --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego:

REPRESENTATIVE GALLEGO: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3078. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Eissler for a motion.

REPRESENTATIVE EISSLER: Thank you, Madame Speaker. Request permission of Committee on Public Education to meet while the House is in session at noon today, noon, Harold, noon. The 5th of May, SW9, SW9, to consider pending business.

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

REPRESENTATIVE EISSLER: Correction, that's 3W9. 3W9. I request for the Committee of Public Education to meet while the House is in session at noon, the 5th of May, in 3W9 to conduct pending business.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So moved, so ordered. Mr. Workman, for what purpose?

REPRESENTATIVE WORKMAN: Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry.

REPRESENTATIVE WORKMAN: Madame Speaker, the question has to do with when we are off of the floor in a Committee Hearing and then return to the floor, I came back in the other day and I was trying to participate in a vote and was not allowed to because I had not checked in with the Voting Clerk. Other times I come back in, I sit down at my desk and I go right on and vote. My question is: What are the rules if we're out by permission, off the House floor, when we come back in?

SPEAKER OF THE HOUSE: You have been excused to attend the meeting, the Voting Clerk will lock your machine, and in order to unlock your machine, you either must check back in with the Voting Clerk or you must obtain recognition from the Chair. Have the Chair recognize you and announce your vote.

REPRESENTATIVE WORKMAN: Okay. So if we get recognized when trying to vote, then that will unlock our voting machine at that point?

SPEAKER OF THE HOUSE: Yes, it will.

REPRESENTATIVE WORKMAN: Thank you very much.

SPEAKER OF THE HOUSE: The Chair calls on Representative Creighton to explain House Bill 3090.

REPRESENTATIVE CREIGHTON: Madame Speaker. Members. House Bill 3090 requires retail water systems to perform an annual system water --

SPEAKER OF THE HOUSE: Is there an objection to House Bill 3090? The Chair hears none and lays out House Bill 3090. The clerk will read the bill.

THE CLERK: House Bill 3090 by Creighton relating to the frequency of water resources to public utilities --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Creighton.

REPRESENTATIVE CREIGHTON: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of passage to House Bill 3090. Is there an objection? The Chair hears none. So ordered. The Chair recognizes REPRESENTATIVE VO to explain House Bill 3117.

REPRESENTATIVE VO: Thank you, Madame Speaker. Members. This bill prohibits the insurance companies from reporting inquiries to the Claims Department.

SPEAKER OF THE HOUSE: Is there an objection to the House Bill 3117? The Chair hears none and lays out House Bill 3117. The clerk will read the bill.

THE CLERK: House Bill 3117 by Vo relating to the reporting of information to claims data based on insurance.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Vo.

REPRESENTATIVE VO: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3117. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Crownover to explain House Bill 3134.

REPRESENTATIVE CORNOVER: House Bill 3134 is a clean-up bill from a bill that Willie passed last session.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3134? The Chair hears none and lays out House Bill 3134. The clerk will read the bill.

THE CLERK: House Bill 3134 by Cornover relating to the process of refusal of an organization to the --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Cornover.

REPRESENTATIVE CORNOVER: Move passage have.

SPEAKER OF THE HOUSE: The question occurs on the third reading of House Bill 3134. Is there an objection? The Chair hears none. So ordered. The Chair calls the following announcement. The clerk will read the announcement.

THE CLERK: The Committee on Public Education will meet at 12:00 noon on May 5, 2011, at 3W.9. This will be a formal meeting to consider pending business.

SPEAKER OF THE HOUSE: Chair calls on Representative Hancock to explain House Bill 3161.

REPRESENTATIVE HANCOCK: Thank you, Madame Speaker. 3161 allows such limited purpose companies are able to support access reserve to certain life insurance policies.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3161? The Chair hears none and lays out House Bill 3161. The clerk will read the bill.

THE CLERK: House Bill 3161 by Hancock relating to limited purpose substitute life insurance companies.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hancock.

REPRESENTATIVE HANCOCK: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3161, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Coleman to explain House Bill 3197.

REPRESENTATIVE COLEMAN: Thank you, Madame Speaker. House Bill 3197 creates a culture change model for long-term care.

SPEAKER OF THE HOUSE: Is there an objection to consideration for House Bill 3197? The Chair hears none. Lays out House Bill 3197. The clerk will read the bill.

THE CLERK: House Bill 3197 by Coleman relating to creating a pilot program to implement the change, model and care --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Coleman.

REPRESENTATIVE COLEMAN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on House Bill 3197, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Harper Brown to explain House Bill 3269. REPRESENTATIVE HARPER-BROWN: Thank you, Madame Speaker. Members. This, friends, regarding a new technology for traffic signalization.

SPEAKER OF THE HOUSE: Is there any objection to consideration of House Bill 3269? The Chair hears none. Lays out House Bill 3269. The clerk will read the bill.

THE CLERK: House Bill 3269 by Harper Brown relating to traffic control signalization.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Harper Brown. REPRESENTATIVE HARPER-BROWN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3269. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Harless to lay out House Bill 3582.

REPRESENTATIVE HARLESS: House Bill 3582 lays out that school districts are only responsible for --

SPEAKER OF THE HOUSE: Is there an objection to 3582? The Chair hears none. Lays out House Bill 3582. The clerk will read the bill.

THE CLERK: House Bill 3582 by Harless relating to the allocations of the school district for the expenses of the joint election.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Harless.

REPRESENTATIVE HARLESS: Move passage.

SPEAKER OF THE HOUSE: The question occurs on House Bill 3582, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Carter to explain House Bill 3670.

REPRESENTATIVE CARTER: Thank you, Madame Speaker. Members. This bill that ensures --

SPEAKER OF THE HOUSE: House Bill 3670 is over and eligible: The Chair lays out Senate Bill 3650. The clerk will read the bill.

THE CLERK: 3265 relating to attorney for employees and certain child care solutions.

SPEAKER OF THE HOUSE: The Chair recognizes Carter on Senate Bill 265.

REPRESENTATIVE CARTER: Thank. Passage.

SPEAKER OF THE HOUSE: The question occurs on passage the third reading of Senate Bill 265. If the Chair hears none. So ordered. Representative Carter goes to lay House Bill 3265 subject to call. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 3722.

REPRESENTATIVE GUILLEN: Thank you, Madame Speaker. Members. House Bill 3722 will provide the --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3722? The Chair hears none. Lays out House Bill 3722. The clerk will read the bill.

THE CLERK: House Bill 3722 by Guillen relating to the Voter Education Program of the Parks & Wildlife Department.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on the question of House Bill 3722, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Guillen to explain House Bill 3724.

REPRESENTATIVE GUILLEN: Thank you, Madame Speaker. Members. House Bill 3724 calls for the continuance of the Chronic Kidney Disease Task Force.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3724? The Chair hears none. Lays out House Bill 3724. The clerk will read the bill.

THE CLERK: House Bill 3724 by Guillen relating to the Chronic Kidney Disease Task Force.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3724. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Harper-Brown to explain House Bill 3771. REPRESENTATIVE HARPER-BROWN: Thank you, Madame Speaker. Members. This allows the authority of TxDOT a safety standard for high speed rail only if a railroad company asks them to and --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3771? The Chair hears none and lays out House Bill 3771. The clerk will read the bill.

THE CLERK: House Bill 3771 by Harper-Brown claims the authority of Texas Department of Transportation should improve safety standards.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Harper-Brown. REPRESENTATIVE HARPER-BROWN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 3771. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gallego to explain House Bill 3796.

REPRESENTATIVE GALLEGO: 3796 relates to the composition of a county into another Judicial District.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3796? If not, the Chair lays out House Bill 3796 and asks the clerk to read the bill.

THE CLERK: Issue 3796 by Gallego relating to the composition of certain Judicial Districts.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.

REPRESENTATIVE GALLEGO: I move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3796. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gallego to explain House Bill 3811.

REPRESENTATIVE GALLEGO: Thank you, Madame Speaker. It relates to the audit of the books and records of the Big Ben Regional Hospital District.

SPEAKER OF THE HOUSE: Is there an objection in consideration of House Bill 3811? The Chair hears none and lays out House Bill 3811. The clerk will read the bill.

THE CLERK: House Bill 3811 by Gallego relating to the annual audit of the books and records of the Big Ben Regional Hospital.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.

REPRESENTATIVE GALLEGO: Move passage.

SPEAKER OF THE HOUSE: A question occurs on passage of reading of House Bill 3811. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Lottenberg to explain House Bill 3846.

REPRESENTATIVE LOTTENBERG: This is a special district in Collin County.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3846? The Chair hears none and lays out House Bill 3846. The clerk will read the bill.

THE CLERK: House Bill 3846 by Lottenberg relating to the creation of --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Lottenberg.

REPRESENTATIVE LOTTENBERG: I move passage.

SPEAKER OF THE HOUSE: The Chair recognizes passage of 3846, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Dukes.

REPRESENTATIVE DUKES: Thank you, Madame Speaker. Members. I move to postpone till the next local and consent calendar, Tuesday, May 10th.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Chisolm to explain a concurrent Resolution 86.

REPRESENTATIVE CHISOLM: Madame Speaker, Members, this makes the Bison Herd of Texas at Cap Rock Canyons --

SPEAKER OF THE HOUSE: Is there an objection to consideration of the current Resolution 86? The Chair hears none and lays out House concurrent Resolution 86. The clerk will read the bill.

THE CLERK: Resolution by Chisolm in the Texas State Bison at Cap Rock Canyons.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Chisolm.

REPRESENTATIVE CHISOLM: Move passage.

SPEAKER OF THE HOUSE: The question occurs on the third reading of House Concurrent Resolution 86. Is there on objection? The Chair hears none. It is a record vote. The clerk will ring the bell. Members. Have all voted? Show representative Murphy voting. There being 142 ayes, no nays. House Concurrent Resolution is passed a third reading. The Chair recognizes Representative Hunter to explain House Concurrent Resolution 98.

REPRESENTATIVE HUNTER: Madame Speaker, Members, of the study on --

SPEAKER OF THE HOUSE: Is there an objection to consideration of HGR 98? If not, the Chair lays out House Concurrent 98. The clerk will read the bill.

THE CLERK: HGR 98 by Hunter governs the speakers to create the --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hunter.

REPRESENTATIVE HUNTER: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Concurrent Resolution 98. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Nashat to explain House Concurrent Resolution 127.

REPRESENTATIVE NASHAT: Members this bill designates 2012 as Johnson Bicentennial year.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Concurrent Resolution 127? The Chair hears none. The Chair lays out House Concurrent Resolution. The clerk will read the bill.

THE CLERK: House Concurrent Resolution Bill 127 --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Nashat.

REPRESENTATIVE NASHAT: Move adoption.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Concurrent Resolution 127. Is there an objection? Hearing none. So ordered. The Chair calls on Representative Lawson to explain House Concurrent Resolution 133.

REPRESENTATIVE LAWSON: Yes. This designates red drum as the official state salt water fish of Texas.

SPEAKER OF THE HOUSE: Is there an objection to House Concurrent Resolution 133? The Chair hears none. Lays out House Concurrent Resolution 133. The clerk will read the bill.

THE CLERK: House Concurrent Resolution 133, the red drum as the official state salt water fish of Texas.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Lawson.

REPRESENTATIVE LAWSON: Lawson, move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of HCR 133, the third reading. Is there an objection? If the Chair hears none, so ordered. The Chair calls on Representative McClendon to explain House Bill 577. Representative McClendon.

REPRESENTATIVE MCCLENDON: Madame Speaker and members, this is a bill that requires the emergency free hospital care provided by emergency services personnel.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 577? The Chair hears none and lays out House Bill 577. The clerk will read the bill.

THE CLERK: House Bill 577 by McClendon relating to the emergency free hospital care provided by --

SPEAKER OF THE HOUSE: The Chair recognizes Representative McClendon.

REPRESENTATIVE MCCLENDON: Move adoption.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 577. Is there on objection? The Chair hears none. So ordered. The Chair recognizes Representative Lozano to explain House Bill 762.

REPRESENTATIVE LOZANO: Mr. Speaker, Members, House Bill 762 is a cost-bill initiative for the state and state employees.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 762? The Chair hears none and lays out House Bill 762. The clerk will read the bill.

THE CLERK: House Bill 762 by Lozano relating to establishing a bill splitting programs to split health insurance costs --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Lozano.

REPRESENTATIVE LOZANO: Members, HB 762 is recommendation. Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 762, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Farias to explain House Bill 826.

REPRESENTATIVE FARIAS: Madame Speaker. Members. This bill monitors the transfers students that are under the conservatorship of the State.

SPEAKER OF THE HOUSE: Is there an objection to House Bill 862? The Chair hears none and lays out House Bill 826. The clerk will read the bill.

THE CLERK: House Bill by Farias relating to facilitating the enrollment and transfer to the public school district.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Farias.

REPRESENTATIVE FARIAS: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 826. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Davis of Dallas to explain House Bill 872.

REPRESENTATIVE DAVIS: Thank you, Madame Speaker. This bill allows us to amend the Texaco to clarify who gets notification.

SPEAKER OF THE HOUSE: The question occurs. Is there an objection to House Bill 872? The Chair hears none and lays out House Bill 872. The clerk will read the bill.

THE CLERK: House Bill 872 by Davis regarding the right of a person to --

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

REPRESENTATIVE DAVIS: Move adoption.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 872. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gonzalez of Williamson to explain House Bill 970.

REPRESENTATIVE GONZALEZ: Thank you, Madame Speaker. Members. This bill allows the City of Round Rock to continue to use municipal hotel occupancy tax revenues.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 970? The Chair hears none and lays out House Bill 970. The clerk will read the bill.

THE CLERK: House Bill 970 by Gonzalez of Williamson relating to the use of municipal hotel tax and revenue.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gonzalez of Williamson.

REPRESENTATIVE GONZALEZ: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 970. Is there an objection? Hearing none. So ordered. The Chair recognizes Representative King of Parker to explain House Bill 971.

REPRESENTATIVE KING: This removes the requirement on a transmission line for a designated referred route.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 971? The Chair hears none and lays out House Bill 971. The clerk will read the bill.

THE CLERK: House Bill 971 by King of Parker relating to removal of electric utility.

SPEAKER OF THE HOUSE: The Chair recognizes Representative King of Parker.

REPRESENTATIVE KING: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 971. Is there an objection? The Chair hears none. So ordered. Chair recognizes Representative Craddick to House Bill 933.

REPRESENTATIVE CRADDICK: Members, this is a bill of the Crane County Hospital Tax.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1033? The Chair hears none and lays out House Bill 1033. The clerk will read the bill.

THE CLERK: House Bill 1033 by Craddick lending to the authority of certain --

SPEAKER OF THE HOUSE: Representative Craddick.

REPRESENTATIVE CRADDICK: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 1033. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gonzalez of El Paso.

REPRESENTATIVE GONZALEZ: Yes. Thank you, Madame Speaker. This 1090 relates to the calculation of interests on certain tax --

SPEAKER OF THE HOUSE: Is there an objection to House Bill 1090? The Chair hears none and lays out House Bill 1090. The clerk will read the bill.

THE CLERK: House Bill 1090 by Gonzalez relates to calculation of the interests.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gonzalez.

REPRESENTATIVE GONZALEZ: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of third reading of House Bill 1090. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Flynn relating to House Bill 1078.

REPRESENTATIVE FLYNN: This bill updates the job protection for returning soldiers.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1178? The Chair hears none and lays out House Bill 1178. The clerk will read the bill.

THE CLERK: House Bill 1178 by Flynn relating to protection --

SPEAKER OF THE HOUSE: Representative Flynn.

REPRESENTATIVE FLYNN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 1178. Is there an objection? If there's none, so ordered. The Chair calls on Representative Thompson for House Bill 1262.

REPRESENTATIVE THOMPSON: Madame Speaker, I think that Senate Bill is over and eligible.

SPEAKER OF THE HOUSE: Members, the Senate Companion to House Bill 1272 is over and eligible. Accordingly, the Chair lays out Senate Bill 820. The clerk will read the bill.

THE CLERK: HB by Harris relating to a Court Order for exemption of a child under three years of age.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.

REPRESENTATIVE THOMPSON: Madame Speaker and Members, this bill relates to Court Order of possession of access to a child under three years of age.

SPEAKER OF THE HOUSE: Representative Thompson.

REPRESENTATIVE THOMPSON: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1260. Is there an objection? The Chair hears none. So ordered. The Representative Thompson moves to lay House Bill 1260 on the Chair subject to call. Is there an objection? So ordered. The Chair recognizes Representative Aliseda relating to House Bill 1350.

REPRESENTATIVE ALISEDA: This is a bill relating to the hotel, motel tax.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1315? If not, the Chair hears none and lays out House Bill 1315. The clerk will read the bill.

THE CLERK: House Bill 1315 relating to the hotel, motel tax concerning municipalities.

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

THE CLERK: Amendment by Aliseda.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Aliseda to explain the Amendment.

REPRESENTATIVE ALISEDA: This just asks the City of Fairfield and tightens up the language. It's approved by the Local & Consent Committee.

SPEAKER OF THE HOUSE: The question occurs to adopt of the amendments. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Aliseda.

REPRESENTATIVE ALISEDA: Move for passage.

SPEAKER OF THE HOUSE: The Chair recognizes House Bill 1315. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Coleman to explain House Bill 1318.

REPRESENTATIVE COLEMAN: Thank you, Madame Speaker. This bill deals with meetings of the Board of Regents.

SPEAKER OF THE HOUSE: Members, the Senate Companion to House Bill 131 is over and eligible. Accordingly, the Chair lays out Senate Bill 528. The clerk will read the bill.

THE CLERK: SB 528 relating to the meetings and the University of Houston System Board of Regents.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Coleman on SB 528.

REPRESENTATIVE COLEMAN: Yes. This bill is the exact same bill as on the calendar today that deals with meetings of the University of Houston Board of Regents. Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of Senate Bill 3528. Is there an objection? The Chair hears none. So ordered. The Representative Coleman moves to lay House Bill 1381 on the table subject to call. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Allen to lay House Bill 1335.

REPRESENTATIVE ALLEN: 1335 is a bill that allows --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1335? The Chair hears none and lays out House Bill 1335. The clerk will read the bill.

THE CLERK: House Bill 1335 by Allen relates to --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Allen.

REPRESENTATIVE ALLEN: I close.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 1335, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Lavender to explain House Bill 1407.

REPRESENTATIVE LAVENDER: This relates to tuition rates.

SPEAKER OF THE HOUSE: Members, the Senate Companion to House Bill 1407 is over and eligible. The Chair lays out Senate Bill 1272. The clerk will read the bill.

THE CLERK: SB 1272 by Lavender relating to tuition rates for funding and students enrolled at Texas A&M University.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Lavender.

REPRESENTATIVE LAVENDER: I move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1272. Is there an objection? The Chair hears none. So ordered. Members, Representative Lavender moves to lay House Bill 1407 on the table. Subject to call. Is there an objection on the table? The Chair hears none. So ordered. The Chair recognizes Representative Nashat to explain House Bill 1489.

REPRESENTATIVE NASHAT: Members, this bill allows the victim of a violent crime to make --

SPEAKER OF THE HOUSE: Is there an objection -- Mr. Dutton, for what purpose?

REPRESENTATIVE DUTTON: For a question.

SPEAKER OF THE HOUSE: Mr. Nashat, will you yield for a question?

REPRESENTATIVE NASHAT: Sure.

SPEAKER OF THE HOUSE: The gentleman yields.

REPRESENTATIVE DUTTON: Elliott, I think I understand this bill but let me be clear: One of the things that changes now the victim impact statement from being conducted after the punishment phase, and now we're moving it prior to the punishment phase, but only by court, not by jury, right?

REPRESENTATIVE NASHAT: That's absolutely right. Only the judge would hear it. This would not take place in front of a jury.

REPRESENTATIVE DUTTON: And tell me, I'm trying to understand why we would do that.

REPRESENTATIVE NASHAT: I would do that because -- first of all, we're only one of only two states in the nation that doesn't allow a victim of a violent crime to make an oral impact statement prior to sentencing. Every state, except two, allow this, in a sense, it gives a victim of a violent crime an opportunity to feel that she's playing a meaningful part in the judicial process. It gives her an opportunity to say something which is directly relevant, a part of the determination of what the perpetrator will end up doing, as far as punishment.

REPRESENTATIVE DUTTON: What bothers me about that, Elliott, is that the right to confront witnesses is initiated in this sentence because you won't get to ask questions of the person making the victim impact statement. You don't get to cross-examine them. You don't get to ask questions. You don't get to challenge anything that's said, and that just, kind of, overturns a whole body of law as it relates to the rights that a defendant has in a courtroom.

REPRESENTATIVE NASHAT: Well, actually, it doesn't. This has been litigated in, I think, ten district courts. I have the number here, and the Federal constitution does not require a defendant to be allowed to cross-examined and the majority, it's ten out of 11 Federal Circuits.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1489?

REPRESENTATIVE DUTTON: Yes, ma'am.

SPEAKER OF THE HOUSE: Do you intend to speak for ten minutes?

REPRESENTATIVE DUTTON: Yes, ma'am.

SPEAKER OF THE HOUSE: Accordingly, House Bill 1489 has been removed from the calendar.

SPEAKER OF THE HOUSE: The Chair recognizes Representative White to explain House Bill 1500.

REPRESENTATIVE DUTTON: House Bill 1500 for the courts and the people to conduct contract negotiations.

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

REPRESENTATIVE MILLER: Would the gentleman yield for questions?

SPEAKER OF THE HOUSE: Do you yield Mr. White?

REPRESENTATIVE WHITE: Yes, ma'am.

SPEAKER OF THE HOUSE: The gentleman yields for questions.

REPRESENTATIVE MILLER: Thank you, Madame Speaker. Representative White, can you explain to me what you're trying to accomplish here.

REPRESENTATIVE WHITE: Well, what I'm trying to accomplish here, Representative Miller, is to allow counties under 400,000 the same as counties over 400,000, to be able to go into executive session to discuss contract matters. Right now the way the situation is they have to do this, not in executive session, and it doesn't give them, doesn't give them the good opportunity, their proposals very well.

REPRESENTATIVE MILLER: So you're trying to get them to go behind closed doors to discuss certain matters?

REPRESENTATIVE WHITE: Yes, sir. For example, talking with the county judge, he stated that, for example for a land-fill contract, they had to do it in -- not in executive session, and it was a situation where they were going to offer a bid. A private contractor was able to be in that open session that was going to bid against them. So it kind of put it in a situation where they didn't really have a fair chance in the bidding process.

REPRESENTATIVE MILLER: Didn't have a fair chance? Well, let me ask you: That's contracts, right? That related to contracts?

REPRESENTATIVE WHITE: Absolutely, sir.

REPRESENTATIVE MILLER: I think your bill also says financial issues, doesn't it?

REPRESENTATIVE WHITE: Okay. Well, look, I'll pull it down to the -- I'll postpone till the end of calendar.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Representative White would like to postpone till the end of the calendar. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Isaacs to explain Bill 1517.

REPRESENTATIVE MILES: Mr. Speaker?

SPEAKER OF THE HOUSE: For what purpose, Mr. Miles?

REPRESENTATIVE MILES: House Bill 1517, Rule 18, Extension 10.

SPEAKER OF THE HOUSE: Bring your order down front. Mr. Miles withdraws his point of order. The Chair recognizes Representative Isaacs.

REPRESENTATIVE ISAACS: Thank you, Madame Speaker. Members of House. Bill 1517 helps the City of Martinsville operating within the municipalities and instill the municipalities to help repay their director to the Comptroller.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1517? The Chair hears none and lays out House Bill 1517. The clerk will read the bill.

THE CLERK: House Bill 1517 by Isaacs relating to the disposition of funds for violations by certain municipalities --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Isaacs.

REPRESENTATIVE ISAACS: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage, the third reading of House Bill 1517. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Thompson to explain House Bill 1554.

REPRESENTATIVE THOMPSON: Madame Speaker, would you lay the Senate Bill out in lieu of the House Bill?

SPEAKER OF THE HOUSE: Members, the Senate Companion to House Bill 1554 is over and eligible. Accordingly, the Senate Bill lays out 918. The clerk will read the bill.

THE CLERK: HB 918, relating to immunity for reporting insurance fraud.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Thompson.

REPRESENTATIVE THOMPSON: Madame Speaker. Members. This gives a person who reports insurance fraud immunity. Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of Senate Bill 1918. Is there an objection? If there's none, so ordered. Representative Thompson. Moves to lay House Bill 1554 on the table subject to the call. Is there an objection? If there's none, so ordered. The Chair hears Representative Burkett to explain House Bill 1678.

REPRESENTATIVE BURKETT: This bill places the County Election Commission and the Joint County Election Commissioner to the provisions of the Open Meeting Act.

SPEAKER OF THE HOUSE: Is the objection to consideration of House Bill 1678? The Chair hears none and lays out House Bill 1678. The clerk will read the bill.

THE CLERK: House Bill 1678 by Burkett relating to the appointment by a county election administrator --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Burkett.

REPRESENTATIVE BURKETT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 1678. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Orr to lay out House Bill 1839.

REPRESENTATIVE ORR: Speaker. Members. This bill clarifies regulation of career, school and colleges --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1839? The Chair hears none. Lays out House Bill 1839. The clerk will read the bill.

THE CLERK: House Bill 1839 by Orr relating to excluding and --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Orr.

REPRESENTATIVE ORR: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 1839, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Zedler to explain House Bill 1930.

REPRESENTATIVE ZEDLER: Mr. Speaker. Members. This bill adds the Department of Health, state, services as a member of human trafficking --

SPEAKER OF THE HOUSE: Is there an objection to House Bill 1930? The Chair hears none. The clerk will read the bill.

THE CLERK: House Bill 1930 by Zedler lays out relating to the membership and duties --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Zedler.

REPRESENTATIVE ZEDLER: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage the third reading of House Bill 1930. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Quintanilla to explain House Bill 2009.

REPRESENTATIVE QUINTANILLA: Madame Senate, the bill is over and eligible.

SPEAKER OF THE HOUSE: Members, the Senate Companion to 2009 is over and eligible. Accordingly, the Chair lays out Senate Bill 1195. The clerk will read the bill.

THE CLERK: HB 1195. By Rodriguez relating to postponement of jury services in Kern County.

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

REPRESENTATIVE QUINTANILLA: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 1195. Is there an objection? The Chair hears none. So ordered. Representative Quintanilla moves to lay House Bill 2009 on the table subject to cause. Is there an objection? If there's none, so ordered. The Chair recognizes Representative Torres to explain House Bill 2172.

REPRESENTATIVE TORRES: Speaker. Members. This relates to the eligibility of certain children of group life insurance policy --

SPEAKER OF THE HOUSE: Is there an objection of the House Bill 2172? The Chair hears none and lays out House Bill 2172. The clerk will read the bill.

THE CLERK: House Bill 2172 by Torres relating to children of the group life insurance policy --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Torres.

REPRESENTATIVE TORRES: Move passage.

SPEAKER OF THE HOUSE: The question occurs on the third reading of House Bill 2172. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Davis of Dallas to explain House Bill 2220.

REPRESENTATIVE DAVIS: Thank you, Madame Speaker. This deals with the requirement to repay add --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2220? The Chair hears none and lays out House Bill 2220. The clerk will read the bill.

THE CLERK: House Bill 2220 by Davis of Dallas to the requirement to repay --

SPEAKER OF THE HOUSE: Representative Davis of Dallas.

REPRESENTATIVE DAVIS: Moves passage.

SPEAKER OF THE HOUSE: The question occurs on the passage of House Bill 2220, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Nash to explain House Bill 2285.

REPRESENTATIVE NASH: Mr. Speaker. Members. House Bill 2285 removes uncertainty by specifically adding collection and blood --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2285? The Chair hears none and lays out House Bill 2285. The clerk will read the bill.

THE CLERK: House Bill 2285 by Nash relating to the reimbursement of a person or community supervision --

SPEAKER OF THE HOUSE: Representative Nash.

REPRESENTATIVE NASH: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2285, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Frullo to lay out House Bill 2295.

REPRESENTATIVE FRULLO: Madame Speaker. Members. House Bill 2295 is the costs --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2295? The Chair hears none and lays out House Bill 2295. The clerk will read the bill.

THE CLERK: House Bill 2295 by Frullo administration of the --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Frullo.

REPRESENTATIVE FRULLO: Moves passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2295. The third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hardcastle to explain House Bill 2335.

REPRESENTATIVE HARDCASTLE: Thank you, Madame Speaker. Members. The Senate Bill is over and eligible.

SPEAKER OF THE HOUSE: The Senate Bill companion is over and eligible. Accordingly, the Chair lays out Senate Bill 893. The clerk will read the bill.

THE CLERK: SB 893 by Whitmeyer relating to motor fuel quality and testing --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hardcastle.

REPRESENTATIVE HARDCASTLE: I move passage.

SPEAKER OF THE HOUSE: The question occurs on the third reading of passage by reading of Senate Bill 893. Is there an objection to your bill? The Chair hears non. So ordered. The Representative Hardcastle moves to elect House Bill 2335 on the table subject to call. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Shelton to explain House Bill 2380.

REPRESENTATIVE SHELTON: 2380 deals with probationary contracts --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2380?

SPEAKER: Madame Speaker?

SPEAKER OF THE HOUSE: For what purpose?

SPEAKER: Would the gentleman yield for a question?

SPEAKER OF THE HOUSE: Will you yield?

REPRESENTATIVE SHELTON: I'll be happy to yield, Madame Speaker.

SPEAKER: Representative Shelton, can you tell me what your bill actually does.

REPRESENTATIVE SHELTON: Yes. What it does, if a teacher moves up into a principal's position, the principal's position is a probationary contract. And then if that does not work out, for whatever reason, they can move back to their teaching position with no penalty.

SPEAKER: Does your bill force school districts to put employees back on probationary status in the event of a promotion or even a lateral move to a position requiring a different type of certificate?

REPRESENTATIVE SHELTON: I'm sorry. Representative, I can't hear you.

SPEAKER: I'll repeat the question. Does your bill force employers to put an employee back on a contract in the event of a promotion? For example, a teacher moving to a principal's position, like you just stated, or even a lateral move to a position, requiring a different type of certificate. For example, a teacher becoming a counselor or a librarian?

REPRESENTATIVE SHELTON: This deals with the different classes of certificates, when they move from one class of certificate to another.

SPEAKER: Are you aware that districts can already return an employee's probationary status with the employee's consent?

REPRESENTATIVE SHELTON: I'm not sure I understand your question, sir.

SPEAKER: Are you aware that, currently, school districts can, right now, undercurrent law, return an employee probationary status with the employees consent? For example, if the teacher consents to it?

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2380?

SPEAKER: Yes.

SPEAKER OF THE HOUSE: Do you intend to speak for ten minutes?

SPEAKER: Yes.

SPEAKER OF THE HOUSE: Accordingly, House Bill 2380 has been removed from the calendar. The Chair recognizes Representative Cornover to explain House Bill 2549.

REPRESENTATIVE CORNOVER: Members, this bill would allow the Texas State Historical Association --

SPEAKER OF THE HOUSE: Is there objection to consideration of House Bill 2549? The Chair hears none. Lays out House Bill 2549. The clerk will read the bill.

THE CLERK: House Bill 2549 by Crownover relates to the authority of a state employee to authorize the deduction of an employee's salary, wage payment for a charitable contribution to certain entities.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Cornover.

REPRESENTATIVE CORNOVER: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2549, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Christian to explain House Bill 2577.

REPRESENTATIVE CHRISTIAN: House Bill 2577 relates to the unlawful use of criminal instrument or mechanical security device providing a penalty --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2577? The Chair hears none and lays out House Bill 2577. The clerk will read the bill.

THE CLERK: House Bill 2577 by Christian relating to the unlawful use of criminal instrument or mechanical use --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Christian.

REPRESENTATIVE CHRISTIAN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to third reading of House Bill 2577. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Anderson of Dallas to explain House Bill 2584.

REPRESENTATIVE ANDERSON: Madame Speaker. Members. This is a bill that relates to the authority of certain municipalities to donate certain real properties --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2584? The Chair hears none. Lays out House Bill 2584. The clerk will read the bill.

THE CLERK: House Bill 2584 by Anderson of Dallas relating to authorizing municipalities to donate certain real properties. --

SPEAKER OF THE HOUSE: The Chair recognizes Mr. Anderson of Dallas.

REPRESENTATIVE ANDERSON: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 2584. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Allen to explain House Bill 2651.

REPRESENTATIVE ALLEN: Madame Speaker. Chairman. 2651 allows for the handicap to call another city and to get permission to ride their transportation --

SPEAKER OF THE HOUSE: Is there an objection to House Bill 2651. The Chair lays out House Bill 2651. Have the clerk will read the bill.

THE CLERK: House Bill 2651 by Allen relating to the eligibility of the use of public or transportation services --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Allen.

REPRESENTATIVE ALLEN: I close.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2651. The third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative King of Zavala to explain House Bill 2657.

REPRESENTATIVE KING: Thank you, Madame Speaker. Members. This is one of the Recodification Bills that alleged counsel takes on periodically, and I believe this is the Senate --

SPEAKER OF THE HOUSE: Members, the Senate Companion to House Bill 2657 is over and eligible. Accordingly, the Chair lays out Senate bills 1303. The clerk will read the bill.

THE CLERK: SB 1303 by West relating to non-substantive additions to and corrections of the enact codes to.

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

REPRESENTATIVE KING: Thank you, Madame Speaker. Members. I move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of Senate Bill 1303. Is there an objection? The Chair hears none. So ordered. Representative King of Zavala moves to moves to lay House Bill 2657 on the table subject to call. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Marquez to explain House Bill 2659.

REPRESENTATIVE MARQUEZ: Members, this is relating to the requirements of the licenses --

SPEAKER OF THE HOUSE: The Chair lays out House Bill 2699. The clerk will read the bill.

THE CLERK: House Bill 2699 by Eissler on the requirements of an insurance adjuster license --

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

THE CLERK: Amendment by Eissler.

REPRESENTATIVE MARQUEZ: This Amendment is just to fix initiative with the legal counsel to split --

SPEAKER OF THE HOUSE: The question is on the adoption of the Amendment. Is there an objection? The Chair hears none. So ordered. Representative Marquez.

REPRESENTATIVE MARQUEZ: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage. The third reading of the passage of House Bill 2699. Is there an objection? The Chair hears none. So ordered. The Chair calls on Representative Truitt to explain House Bill 2703.

REPRESENTATIVE TRUITT: Thank you, Madame Speaker. Members. This bill remedies inconsistencies that currently exist between state and Federal law regarding --

SPEAKER OF THE HOUSE: Is there an objection of House Bill 2703? The Chair hears none. Lays out House Bill 2703. The clerk will read the bill.

THE CLERK: House Bill 2703 by Truitt relating to the regulation of --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Truitt.

REPRESENTATIVE TRUITT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 2703? Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Walle.

REPRESENTATIVE WALLE: Regarding House Bill 2723 makes reforms to notices for health coverage.

SPEAKER OF THE HOUSE: Is there an objection to consideration for House Bill 2723? The Chair hears none. Lays out House Bill 2323. The clerk will read the bill.

THE CLERK: House Bill 2723 by Walle relating to notice of premium increase for certain accident and health insurance --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Walle.

REPRESENTATIVE WALLE: Move passage.

SPEAKER OF THE HOUSE: The question occurs on the passage of the third reading of House Bill 2723. Is there objection. The Chair hears none. So ordered. The Chair recognizes Representative Alonzo to explain House Bill 2784.

REPRESENTATIVE ALONZO: 2784 deals with the refund policy for courses and career schools and colleges.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2784? The Chair hears none and lays out House Bill 84. The clerk will read the bill.

THE CLERK: House Bill 2784 by Alonzo relating to the course, bill, school and colleges --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Alonzo.

REPRESENTATIVE ALONZO: Move adoption.

SPEAKER OF THE HOUSE: The question occurs on passage to third reading of House Bill 2784. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Scott on House Bill 2791.

REPRESENTATIVE SCOTT: Relating to the day in which cotton growers can request an extension --

SPEAKER OF THE HOUSE: Members, the Senate Companion to House Bill 2791 is over and eligible. Accordingly, the Chair lays out Senate Bill SB 378. The clerk will read the bill.

THE CLERK: SB 378 by Hagger relating to the day by which a pest manage control system may request an extension --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Scott.

REPRESENTATIVE SCOTT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to third reading of Senate Bill 378. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Scott moves to lay House Bill 2791 on the table. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Christian to explain House Bill 2810.

REPRESENTATIVE CHRISTIAN: Thank you, Madame Speaker. House Bill 2810 is relating to the exemption from the Sales and Use Tax --

SPEAKER OF THE HOUSE: Is there an exemption to House Bill 2810? The Chair lays out House Bill 2810. The clerk will read the bill.

THE CLERK: House Bill 2810 by Christian relating to the exemptions.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Christian.

REPRESENTATIVE CHRISTIAN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 2810. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hilderbran for an announcement.

REPRESENTATIVE HILDERBRAN: Thank you, Madame Speaker. Members of the Ways & Means Committee, we're taking our committee photo in the Speakers Committee Room adjacent to the chamber at 12:30, which is in two or three minutes.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hartnett to explain House Bill 2399.

REPRESENTATIVE HARTNETT: Thank you, Madame Speaker. This bill makes a variety of changes to the Probate Code.

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

THE CLERK: House Bill 2399.

SPEAKER OF THE HOUSE: Let's lay out that bill first. Is there an objection to consideration of House Bill 2899? The Chair hears none and lays out House Bill 2899. The clerk will read the bill.

THE CLERK: House Bill 2899 by Hartnett relating to --

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

THE CLERK: Amendment by Thompson.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hartnett.

REPRESENTATIVE HARTNETT: This Amendment forms the Probate Code to the family code with regard to genetic testing.

SPEAKER OF THE HOUSE: Is there an objection to consideration of the Amendment? The Chair hears none. The Amendment is adopted. The Chair recognizes Representative Hartnett.

REPRESENTATIVE HARTNETT: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 2899 as amended to third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Zerwass to explain House Bill 2903.

REPRESENTATIVE ZERWASS: Thank you, Madame Speaker. This bill enhances the PACE Program and there's an Amendment to it.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 2903? The Chair hears none and lays out House Bill 2903. The clerk will read the bill.

THE CLERK: House Bill 2903 by Zerwass relating to the program of voluntary inclusive care for the elderly --

SPEAKER OF THE HOUSE: Representative Zerwass.

REPRESENTATIVE ZERWASS: Move passage.

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

THE CLERK: Amendment by Zerwass.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Zerwass.

REPRESENTATIVE ZERWASS: Thank you, Madame Speaker. Members. This simply replaces the original Amendment for reimbursement, methodology, to actually study that reimbursement methodology.

SPEAKER OF THE HOUSE: The question is on the adoption of the Amendment. Is there an objection? The Chair hears none. So moved. The Chair recognizes Representative Zerwass.

REPRESENTATIVE ZERWASS: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 2903 as amended. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hughes on House Bill 3002.

REPRESENTATIVE HUGHES: Updates and requirements for certain Water Districts.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3002? The Chair hears none. Lays out the House Bill 3002. The clerk will read the bill.

THE CLERK: House Bill 3002 by Hughes relating to certain conservation --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hughes.

REPRESENTATIVE HUGHES: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3002. The third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Craddick to discuss House Bill 3109.

REPRESENTATIVE CRADDICK: Members, this is just to change the census population --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3109? The Chair hears none and lays out House Bill 3109. The clerk will read the bill.

THE CLERK: House Bill 3109 by Craddick relating to the making --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Craddick.

REPRESENTATIVE CRADDICK: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 3109, the third reading. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Shelton to explain House Bill 3135.

REPRESENTATIVE SHELTON: 3135 is about motherhood.

SPEAKER OF THE HOUSE: The Chair lays out House Bill 3135. The clerk will read the bill.

THE CLERK: House Bill 3135 by Shelton relating to breakdowns of --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Shelton.

REPRESENTATIVE SHELTON: Move passage.

SPEAKER OF THE HOUSE: Is there an objection to the question? Hold on. Mr. Miles, for what purpose?

REPRESENTATIVE MILES: Will the gentleman yield for a question?

SPEAKER OF THE HOUSE: Will you yield Dr. Shelton?

REPRESENTATIVE SHELTON: I would be happy to yield for a question.

REPRESENTATIVE MILES: I just want to know what this bill does, seriously man, relating to the original break time and facilities in schools for breast milk.

REPRESENTATIVE SHELTON: That is correct. Under the Federal Fair, Labor Standards Act, teachers who are excluded from being able to do this, and this adds a section to the Texas Education Code to allow them to express breast milk.

REPRESENTATIVE MILES: I still don't understand that. Can you break it down for me in elementary style? I don't understand what you're saying, Brother. The clock is ticking.

REPRESENTATIVE SHELTON: If you're aware, probably, that when women have babies, they can have breast milk to feed their babies, and when they go back to work, they cannot always feed the babies. So what they can do, they can express their breast milk and save it for later feeding.

REPRESENTATIVE MILES: So this bill does what?

REPRESENTATIVE SHELTON: It allows teachers to have reasonable accommodation for breaks to express breast milk.

REPRESENTATIVE MILES: Teachers?

REPRESENTATIVE SHELTON: Teachers.

REPRESENTATIVE MILES: Thank you, sir.

REPRESENTATIVE SHELTON: Thank you.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3135? The Chair hears none and lays out House Bill 3135. The clerk will read the bill.

THE CLERK: House Bill 3135 by Shelton relating to reasonable break times.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Shelton.

REPRESENTATIVE SHELTON: House Bill 3278 concerns Committee Amendments by CPA. Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage, the third reading of House Bill 3135. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Shelton to explain House Bill 3278.

REPRESENTATIVE SHELTON: 3278 about Committees --

SPEAKER OF THE HOUSE: Is there an objection to House Bill 3278? The Chair hears none. Lays out House Bill 3278. The clerk will read the bill.

THE CLERK: HB 3278 by Shelton relates to membership of the Commission, Texas Education Agency --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Shelton.

REPRESENTATIVE SHELTON: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of third reading of House Bill 3278. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Harper-Brown to explain House Bill 3298. REPRESENTATIVE HARPER-BROWN: Thank you, Madame Speaker. This is a bill that simplifies the registration of a used vehicle prior to or at the time of resale.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3298? The Chair hears none and lays out House Bill 3298. The clerk will read the bill.

THE CLERK: House Bill 3298 by Harper-Brown relating to the --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Harper-Brown. REPRESENTATIVE HARPER-BROWN: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading on House Bill 3298. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Gonzalez of Hidalgo to explain House Bill No. 3297.

REPRESENTATIVE GONZALEZ: Thank you, Madame Speaker. This bill makes conforming changes to the Property Code as a result of the 2010 census so that EMS --

SPEAKER OF THE HOUSE: Is the objection of House Bill 3237? The Chair hears none relating to House Bill 3337. The clerk will read the bill.

THE CLERK: House Bill 3237 by Gonzalez relating to the --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gonzalez of Hidalgo.

REPRESENTATIVE GONZALEZ: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3337. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Hernandez-Luna to explain House Bill No. 3396. REPRESENTATIVE HERNANDEZ-LUNA: Thank you, Madame Speaker. This bill deals with the prosecution --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3396? The Chair hears none. The clerk will read the bill.

THE CLERK: House Bill No. 3396 by Hernandez-Luna relating to the prosecution and punishment of the offense of and breach of computer security.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hernandez-Luna. The question occurs on the passage of the third reading of House Bill 3396. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Eissler to explain House Bill No. 3357.

REPRESENTATIVE EISSLER: This deals with the selection of members of the Board of Directors for the Appraisal District.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3457? The Chair hears none and lays out House Bill 3457. The clerk will read the bill.

THE CLERK: House Bill 3457 by Eissler relates to the inclusion --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hancock.

REPRESENTATIVE HANCOCK: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of House Bill 3457. Is there an objection. The Chair hears none. So ordered. The Chair recognizes Representative Smith to explain House Bill 3808.

REPRESENTATIVE SMITH: Members, this is a good bill.

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 3808? The Chair hears none and lays out House Bill 3808. The clerk will read the bill.

THE CLERK: House Bill 3808 by King Zavala relating fishery and archery equipment in certain counties.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Smith.

REPRESENTATIVE SMITH: Thank you, Madame Speaker and Members. This allows people to fish with a bow and arrow in certain counties in the State of Texas.

SPEAKER OF THE HOUSE: That was Representative King of Zavala.

REPRESENTATIVE KING: I move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to the third reading of House Bill 3808. Is there an objection? The Chair hears none. So ordered. The matter opposed on business. The Chair recognizes Representative Gallego to explain House Bill 3077.

REPRESENTATIVE GALLEGO: Thank you, Madame Speaker. This was a bill that was postponed so the Senate Bill could catch up. It relates to a defendant's discharging liabilities on the bail bond --

SPEAKER OF THE HOUSE: The Senate Companion to House Bill 3077 is over and eligible. Accordingly, the Chair lays out Senate House Bill 3077. The clerk will read the bill.

THE CLERK: House Bill 3077 relating to the verification of the incarceration of an --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Gallego.

REPRESENTATIVE GALLEGO: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of the third reading of Senate Bill 3077. Is there an objection? The Chair so orders. Representative Gallego moves to lay House Bill 3077 on the table, subject to call. Is there an objection? The Chair hears none. So ordered so ordered. Chair recognizes Representative White to explain House Bill 1500.

REPRESENTATIVE WHITE: Thank you, Madame Speaker. House Bill 1500 allows --

SPEAKER OF THE HOUSE: Is there an objection to consideration of House Bill 1500? The Chair hears none. The clerk will read the bill.

THE CLERK: House Bill 1500 by White relating to the allowing of commissioners in the court in the county --

SPEAKER OF THE HOUSE: The Chair recognizes Representative White.

REPRESENTATIVE WHITE: Move passage.

SPEAKER OF THE HOUSE: The question occurs on passage to third reading of House Bill 1500. Is there an objection? The Chair hears none. So ordered. The Chair recognizes Representative Thompson for an important announcement.

REPRESENTATIVE THOMPSON: Madame Speaker. Members. I'd like to ask the Committee on Local Consent Calendars to meet in the Speakers Committee Room for pictures now, please.

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

THE CLERK: The Committee on Economic and Small Business Development will meet on first adjournment on May the 5th, 2011, House Chamber, Desk No. 14. This will be a formal meeting to consider pending business.

SPEAKER OF THE HOUSE: Members, are there any other announcements? It is the Chair's intention to adjourn until 1:40. Representative Todd Smith, who's at the House, stands adjourned until 1:40 p.m. today.

( Part II of the House Hearings.)

REPRESENTATIVE MILLER: The IOU was asking for a 69 percent increase but there were several and a cumulative that came up to 69 percent. So part of my agreement to work on this bill was I want to put safeguards in place that would help the consumer. Here they are. Those three are that now they have to give better notification. And if you look in the bill, it outlines that you just can't slip into a bill or I mean, a little bill to the consumer that we're going to go up on your rate. They have a prescribed notification, and they have to give that notification at least 90 days in advance, and then they can't change it. What happens is sometimes they'll give a notice and then they'll change it. So that's one. The notification. The second thing is that I'm trying to create a better timeline here, for the situation that, in other words, the shorter the timeline, the less costs to the consumer. Would you agree with that?

REPRESENTATIVE WALLE: Well, if we're just given notification.

REPRESENTATIVE MILLER: No. No. No. No.

REPRESENTATIVE WALLE: On your initial point.

REPRESENTATIVE MILLER: On the initial point, it was just notification. Then when we get into the rate hearing case, there's actually an incentive for the restroom utility to make an agreement. Do you know how rate cases are done when a utility asks for a rate increase?

REPRESENTATIVE WALLE: You have some that are passed through that ask for a rubber steam and you have others like the one we're going to contest?

REPRESENTATIVE MILLER: They get that rate right up front.

REPRESENTATIVE WALLE: Right.

REPRESENTATIVE MILLER: They get to carry that rate while they're fighting.

REPRESENTATIVE WALLE: Right.

REPRESENTATIVE MILLER: Do you think that's the advantage to the consumer that they get to go ahead and upcharge while they're fighting? I don't think so. So now they don't get that advanced rate. So there's an incentive to negotiate until they get that done. That's the second point.

REPRESENTATIVE WALLE: Okay.

REPRESENTATIVE MILLER: So the third point in the rate-making case, just like the situation when they invest in the facilities. Okay? There's a dollar for every dollar that you put into pipe or into infrastructure, they get a dollar for dollar. And my point was on this is you shouldn't be able to take that into a rate hearing case and put attorneys' fees and consultants and engineering fees on top of it. So that's another point to help the consumers. They got three points out there to incentivize and help the consumer.

REPRESENTATIVE WALLE: What about the contention that you have a rate, let's just say in our instance, $160 rate, without turning on the water? That's what we're hearing. Can you explain to me how do I try to explain that to my folks when they haven't even turned the water on and they're hit with already a high charge?

REPRESENTATIVE MILLER: Yeah. You mentioned, and I think probably the biggest hurdle or challenge that I've had in dealing with this bill is that these -- that there are some folks out there that have -- I don't want to say taken advantage of folks, but they do sometimes. The service they provide and the rates they charge, seem to be enormous. Okay? Or they're out of line. And unfortunately, you mentioned one. I've heard of a couple of others. I know there's a couple of members standing behind you that have situations back in their district. And so I would just say that that's the situation today as it exists, as they're able to charge that. Okay?

REPRESENTATIVE WALLE: Right.

REPRESENTATIVE MILLER: And they're going to continue to charge that, and unless we make these changes in 2400, they're going to continue to charge that and more. And what I'm trying to do is to curb them out of money that they're able to charge.

REPRESENTATIVE WALLE: Right. But my understanding of the bill is that there would be a ten-percent increase by the utility per year, for both the sewer and the water service. So are they compounded? Is that --

REPRESENTATIVE MILLER: That's a great point.

REPRESENTATIVE WALLE: That 20 plus, ten, plus ten equals 20? Is that for each --

REPRESENTATIVE MILLER: Representative Walle, did I write these questions for you? That's a great question, too.

REPRESENTATIVE WALLE: Where just the rates are going to continue to rise. You know, they're going to be up in arms that I can fight to protect their interests.

REPRESENTATIVE MILLER: That's a good point. Did you understand that the ten percent is a cap? It's a cap.

REPRESENTATIVE WALLE: It's a cap but you still have 40.

REPRESENTATIVE MILLER: Right now there's not a cap. There's not a cap right now.

REPRESENTATIVE WALLE: I have a bill that would cap that.

REPRESENTATIVE MILLER: Let me say -- there's two parts to this. One is, again, and maybe I didn't make myself clear earlier: But on the infrastructure and utility charges, you know what I'm talking about? The investment they're making in the infrastructure.

REPRESENTATIVE WALLE: Right.

REPRESENTATIVE MILLER: That's what the ten percent is on. You understand?

REPRESENTATIVE WALLE: Okay.

REPRESENTATIVE MILLER: It's just on that part.

REPRESENTATIVE WALLE: I'm following you.

REPRESENTATIVE MILLER: All right. Just on that part is the ten percent, and they can invest no more than ten percent of their revenue. So in other words, a utility that might want to take and say put 50 percent of their money, their revenue into infrastructure and upgrades, and then what kind of rate shock that would be on people?

REPRESENTATIVE WALLE: Right.

REPRESENTATIVE MILLER: I'd cap that. So we've capped that at ten percent.

REPRESENTATIVE WALLE: But the increases go into effect without a hearing from the rate pairs? Is that true or not true?

REPRESENTATIVE MILLER: But only for one year. At the end of the year there will be a true-up.

REPRESENTATIVE WALLE: Only for one year, 20 percent could be a lot.

REPRESENTATIVE MILLER: But --

REPRESENTATIVE WALLE: I mean, don't you think that would be excessive?

REPRESENTATIVE MILLER: No. And let me tell you why. Let me tell you why. It would be ten percent for one year. Now, here's the other part of it: Remember, this strictly goes to putting pipes in the ground and infrastructure.

REPRESENTATIVE WALLE: I follow you on that. My folks will accept if they see some infrastructure going in, you know. I can understand that, but when some of these folks are bad actors and they don't see anything, one, in addition to the quality of the water, and then they're going to rate increases. You know, my folks have a problem with that and I have a problem with that.

REPRESENTATIVE MILLER: Oh, I understand. And you understand that the rate increase that they're going to ask for that includes profits, that includes administrative costs, that includes all these other factors is flat separated out by this ten percent, up to ten percent. Now, they may make a greater investment in infrastructure, but under this, under the one year provision, it's only ten percent. So I've capped it at ten percent for 12 months.

REPRESENTATIVE WALLE: I'm going to allow some more questions.

REPRESENTATIVE MILLER: No. I appreciate your questions because I want to clarify this.

REPRESENTATIVE OTTO: Mr. Speaker. Will the gentleman yield for some questions?

REPRESENTATIVE MILLER: Absolutely. Thank you.

REPRESENTATIVE OTTO: Mr. Miller, you and I have had some questions on discussions on this bill, and I've explained to you that I've had a lot of independent operated and owned units that seem to be most of the problems in my district. I've actually had one company that tried to do a consolidated unified rate for all the systems they owned in Texas.

REPRESENTATIVE MILLER: Yes. I'm aware of that.

REPRESENTATIVE OTTO: And that's regardless of whether or not the service meets a certain standard at any of those areas?

REPRESENTATIVE MILLER: Yes. I'm aware of that.

REPRESENTATIVE OTTO: Are you aware that I have actually had a utility system this session who received a request for a change rate increase to cover the attorney and accountant's fees that exceeded the rate hike that they were approved?

REPRESENTATIVE MILLER: I was not aware of that.

REPRESENTATIVE OTTO: How would your bill address that issue?

REPRESENTATIVE MILLER: Well, I think it would do a couple things. First off is that those situations -- when you say on the state-wide basis?

REPRESENTATIVE OTTO: No. I'm talking about one utility went to a hearing, a protested hearing, and after the end of the hearing the utility won on the rate. They then sought attorney's and accountant fees that, when add to the rate, increased the rate more than what the rate increase they had originally requested was.

REPRESENTATIVE MILLER: Okay. I think the way that this bill would address that would be that it would limit them from the standpoint of -- let me think to that for a minute. Is that they went for the rate increase. Did they file for another rate increase right away?

REPRESENTATIVE OTTO: No. They just asked to recover attorney and accountant fees.

REPRESENTATIVE MILLER: No. I don't think that this bill would address that. In any way, if there is a rate case, we didn't address that issue as far as them recovering the cost of the rate case.

REPRESENTATIVE OTTO: All right. But your bill does grant a ten-percent increase without the customer being able to protest that for 12 months at all; is that correct?

REPRESENTATIVE MILLER: Yes. But you understand that they're going to get that dollar for dollar charge right now under the law anyway, and what I'm preventing them from doing is adding those attorneys' fees and engineering costs on top of it. And so until you go to the true-up but this would be set aside on the true-up. It would be part of it, but it would not be -- again, you'd have to prove it because they've already set the dollar for dollar --

REPRESENTATIVE OTTO: Are you saying there would be a rate case hearing again?

REPRESENTATIVE MILLER: Not on that ten percent.

REPRESENTATIVE OTTO: Well, then how would they end up getting that reduced if it was not sufficient? I mean, if it was too much? Let's say the utility, the independent operated utility went up ten percent. All right. What's going to stop them from going to the TCEQ and asking them for a rate hike if the true-up is going to ask them to refund money?

REPRESENTATIVE MILLER: Well, maybe we're talking apples and oranges here but let me say this: We're talking simply about the infrastructure charge. Okay. Simply about the infrastructure charge. Everything else. Now, you know more about accounting than I do, so those --

REPRESENTATIVE OTTO: I guess my question is: If your bill somehow reduces the cost, reduces the timeline that customers have to spend fighting utility rate increases, I might be supportive. But what I see is an automatic ten percent on water, an additional ten percent on sewer. And I'm not sure, then, they still don't end up having to go to a rate hearing and incur attorneys' fees.

REPRESENTATIVE MILLER: Well, again, Representative, to be most respectful here, I'm telling you that the ten percent in here, one is a cap. It's not an automatic. All right. So there's nothing automatic about it now. Some may choose to do that, but they have to invest the dollar in that ground to get that ten percent.

REPRESENTATIVE OTTO: Right.

REPRESENTATIVE MILLER: They just can't say, hey, we want an automatic ten percent.

REPRESENTATIVE OTTO: They don't have to invest that dollar in the ground in the subdivision where they're charging the rate, if it's in an adjacent subdivision that is also included under their consolidated rate hearing.

REPRESENTATIVE MILLER: If it's part of the region, you're right.

REPRESENTATIVE GOODEN: Would the gentleman yield?

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

REPRESENTATIVE MILLER: I'd be glad to.

REPRESENTATIVE GOODEN: Thank you. I have a question about the consolidation of the water systems in this bill. This bill provides for the consolidation of water systems with radically different rates under one tariff, which means the company could consolidate an area that's paying $20 a month fixed charge with an area that's paying $140 a monthly fixed charge and make that area with a lower rate pay the higher rate because that's the regional rate; is that correct?

REPRESENTATIVE MILLER: I guess that could happen.

REPRESENTATIVE GOODEN: Well, that's my problem, one of many, with this bill because I have constituents who live along Cedar Creek Lake and they have $140 a month water bill, even if they don't turn on the faucet. And in this bill, if other constituents on the other side of the lake have a $20 a month bill, then their water bill, just because of the provisions in this bill, could up their monthly payment to $140 with no hearing.

REPRESENTATIVE MILLER: Let me just see if I can respond to that.

REPRESENTATIVE GOODEN: Okay. Please.

REPRESENTATIVE MILLER: Are you familiar with the term Economy of Scale?

REPRESENTATIVE GOODEN: Yes, sir.

REPRESENTATIVE MILLER: Okay. A lot of times when an investor group or an investor-owned utility goes in and looks at a water system to buy, if it's very profitable and it's doing a great job, there's typically not a sale going to happen because the person that owns it is making money. So the systems that they're invested in are typically smaller systems, with under 1,000 connections. They've got some problems that have been developing over the years, and they're having to make a capital infusion to bring them up to grade. To even bring them back up where they're able to provide the service that would be expected. Now, rather than having those few people bear all of that burden, if they can come to the TCEQ -- and again, the TCEQ is going to have to approve this. It's not a flat, hey, we want to. The TCEQ would approve whether they'd be able to consolidate or not. And so through that, if they could gain an Economy of Sale, wouldn't you think that would be beneficial to the consumer?

REPRESENTATIVE GOODEN: But here's the problem: Under current law, the TCEQ is supposed to take into consideration the differences in rates when deciding. Because in the bill it says the utility can consolidate under a single tariff a single portion of that current law that's struck out. The systems under the tariff are substantially similar in terms of facilities, quality of service and cost of service. So that's all struck from the bill. And that's my problem. And a term I'm also familiar with is monopoly and that's what the situation is in my district. This company has a monopoly and this bill continues to allow them to raise that bill with no recourse.

REPRESENTATIVE MILLER: Well, now, that's not true. Because there is a true-up, and they do have to go to the TCEQ. That's our safeguard, and we approved the other day the sunset and renewal of the TCEQ. That's our responsibility as a legislature, to make sure that the TCEQ is doing its job and protecting consumers out there because of monopolies on sewer and water and items just like this.

REPRESENTATIVE GOODEN: Thank you, Mr. Speaker.

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

REPRESENTATIVE GOODEN: I'd like to raise a point of order against further consideration of House Bill 2400, and that it violates Rule Part IV.

SPEAKER OF THE HOUSE: House Bill 2197. The clerk will read the bill.

THE CLERK: House Bill 2197 by Rodriguez relating to the purchase of property as part of the Homestead Land Bank Program.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Rodriguez.

REPRESENTATIVE RODRIGUEZ: Thank you, Mr. Speaker and Members. I move to postpone this bill to a certain time tomorrow morning at 9:00 a.m., Friday May 6th.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection? The Chair hears none. The Chair lays out as a matter of postponed business 3710.

THE CLERK: The House Bill 710 by Walle. Related to business using financial assistance and supplemental programs.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Walle.

REPRESENTATIVE WALLE: Thank you, Mr. Speaker. Members. This bill requires HCC to use appropriate techniques to prevent fraud and to prevent fraud from illegal food stamps. This bill will also save the State of Texas over -- listen to me, Members: This bill will also save the State of Texas $3 million. There is a budget rider also related to this bill that clearly state that, and I quote, it says it is not the intent of the legislature to prohibit the use of biometrics in this or any Health & Human Services Program, close quote.

SPEAKER: Mr. Speaker, would the gentleman yield?

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

REPRESENTATIVE WALLE: Yes, sir.

SPEAKER: Mr. Walle, I have a few questions to ask you.

REPRESENTATIVE WALLE: Sure.

SPEAKER: Okay. You know, the purpose of the fingerprinting and ID 'ing was to verify the accuracy and non-duplication of tariff recipients, correct?

REPRESENTATIVE WALLE: Can you repeat that for me.

SPEAKER: The purpose of the electronic fingerprinting -- what was the purpose of the use of it?

REPRESENTATIVE WALLE: The initial purpose was to prevent fraud. But what was happening was over the last -- since the implementation of this program, there hasn't been any -- well, not to say that there hasn't been any prosecution. The problem was there hasn't been any convictions of folks that have been, as many would say, gained the system. When you're trying to figure out the identity of somebody, this device was pretty poor because the track work really didn't reflect the expenditures that were used. It's spent 30 to $40 million, that we wasted, using this technology, at taxpayer expense, and no prosecutions. No convictions of anybody that's gained assistance. And I would add that we're not preventing other types of technology or fraud prevention technology from being used in this effort. So that would be my long answer to your question.

SPEAKER: Okay. But, also, is it correct that the Federal Government requires us to use the electronic imaging in order to prevent fraud and duplication?

REPRESENTATIVE WALLE: Well, I would say that --

SPEAKER: Hang on. And so --

REPRESENTATIVE WALLE: You can use the best --

SPEAKER: To not use this system anymore, we would have to get a federal waiver; is that correct?

REPRESENTATIVE WALLE: I'm not advising that, but you could still use any -- again, this doesn't prevent any other technology from being used to prevent fraud. The issue is the technology we've been using for the last seven or eight years hasn't been effective and for privacy reasons, too. We don't know what those digital fingerprints. We're hoping there's some safeguards that would prevent anybody's information from getting leaked. We've had some issues with that, with the Comptroller's office. With identities being all over the Internet. And I believe that the best way that we can do this is by using other technologies that could streamline this process and better identify somebody. I would also --

SPEAKER: What kind of technology would be used?

REPRESENTATIVE WALLE: Well, that would be up to HSC to determine. Now, my contention is that there will be some ways -- I'll give you an example. When you open up a bank account and you have your on-line bank account, you log in. You have your user ID, your passwords. And you have certain questions, if you forget your user name or passwords. It could be a couple of questions that you could use, for instance, what's your mother's maiden name or what was your first pet's name? Those are easier and more efficient than using this technology that we've wasted 30, $40 million of your taxpayer and my taxpayer dollars for -- for really no other way to --

SPEAKER: Okay. The whole --

REPRESENTATIVE WALLE: Legitimizes it.

SPEAKER: All right. You're saying that we're spending $3 million a year to prevent using the fingerprint electronic imaging to prevent fraud. And you said earlier that we have not had duplicate cases, probably because we have been using the fingerprint imaging?

REPRESENTATIVE WALLE: That's a good question. That's a good question because it goes to the deterrence. I think that's what you're trying to get to.

SPEAKER: Let me ask you this.

REPRESENTATIVE WALLE: Sure.

SPEAKER: Your bill, as it was amended in the Committee, as it was amended, does not prohibit the use of fingerprint?

REPRESENTATIVE WALLE: It wouldn't. That's correct.

SPEAKER: They could continue to use it; is that correct?

REPRESENTATIVE WALLE: That's correct. And Representative Hughes, who I've worked with on Human Services last session, worked with me and his staff and our staff worked out some language that would make it, if you want to use the technology, such as fingerprinting, it's not going prohibit that from coming back, but we want to apply it other ways.

SPEAKER: Let me ask you again.

REPRESENTATIVE WALLE: Sure.

SPEAKER: We will have to get a waiver from the Federal Government to stop this system; is that correct?

REPRESENTATIVE WALLE: My understanding is that's not correct, but if you have information that would differ from that, we can go through the process.

SPEAKER OF THE HOUSE: Anyone wish to speak on House Bill 710? The Chair asks for Representative Walle to close.

REPRESENTATIVE WALLE: Thank you, Madame Speaker. Again this is a net. The State of Texas would gain $3 million out of this bill and I move passage.

SPEAKER OF THE HOUSE: The question occurs on passage of House Bill 710. All those in favor say aye. House Bill 710 is passed. The Chair lays out as a matter of postponed business, HB 137. The clerk will read the Resolution.

THE CLERK: HB 137, relating to the funding of certain water projects.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Ridder.

REPRESENTATIVE RIDDER: Thank you, Madame Speaker. This relates to the Texas Water Board and, Madame, we do have the City Joint Resolution.

SPEAKER OF THE HOUSE: Members, accordingly, the Chair lays out HB 137. The clerk will read the bill.

THE CLERK: Providing for the issuance of additional obligation --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Ridder.

REPRESENTATIVE RIDDER: Thank you, Madame Speaker. SJR4 proposes an Amendment for the Texas Water Board to issue obligation bonds on a continuing basis, such that the aggregate principal amount of those bonds issued by the board are not outstanding and at any one time never exceeds $6 billion. Members, without this additional authority, the remaining bonding authority is expected -- well, it will run out the ends of this fiscal year. If this happens, the critical water infrastructure projects, we need to increase our water supplies will be put on hold and I move passage.

SPEAKER OF THE HOUSE: Is there anyone wishing to speak forward against SJR4? The passage against SJR4. All those in favor say aye. It's a record vote. The clerk will ring the bell. Have all members voted? Representative Gonzalez of El Paso voting aye. There being 141 ayes. One nay. Two present aye voting and six absent. SJR4 is passing. Representative Ridder moves to lay SJR4 on the table. Subject to objection. The Chair hears none. So ordered. The Chair lays out the matter of postpone business House Bill 2232. The Chair will ring the bell.

THE CLERK: SB 2232 relating to the operation and powers and duties of the ship channels and districts.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Harris.

REPRESENTATIVE HARRIS: Members, I'd like to postpone until May the 6th, at 8:00 a.m.

SPEAKER OF THE HOUSE: Members, you've heard the Motion to postpone the House Bill 2032 to Monday, May the 6th at 8:00 a.m. If there's any objection. Hearing none. So ordered. The matter of postpone business SB 244 by Otto relating to the improvements of the taxation in the previous year.

SPEAKER OF THE HOUSE: Representative Smith of Harris. Members, let's back up. Representative Smith moves to postpone SB 2232 to tomorrow, May 6th at 8:00 a.m. Is there any objection? The Chair hearing none. So ordered. The Chair lays out as a postpone business House Bill 234. The clerk will read the bill.

THE CLERK: House Bill 234 by Otto relating to interest on gathering taxes on improvements and escapes taxation in the previous year --

SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.

REPRESENTATIVE OTTO: Thank you, Madame Speaker. The Senate Bill is over but not yet eligible, so I move to postpone to consider it in addition to House Bill 234 until Tuesday May 10th at 8:00 a.m.

SPEAKER OF THE HOUSE: Members, you've heard the motion to postpone House Bill 234 to Tuesday, May 10th, at 8:00 a.m. Is there any objection? The Chair hearing none. So ordered. The Chair lays out as a matter of postpone business House Bill 2610. The clerk will read the bill.

THE CLERK: House Bill 24610 by Guillen relating to the establishment of a community-based navigator chooses individuals to apply through the Internet for Public Assurance Benefit Programs.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Thank you, Madame Speaker. Members. House Bill 2610 in a community based assistance, and there is an Amendment.

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

THE CLERK: Amendment by Hancock.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Hancock to explain the Amendment.

REPRESENTATIVE HANCOCK: Members, dinner's for sale in the Members' Lounge.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Chisolm.

REPRESENTATIVE CHISOLM: Speakers. Members. This is just the faith-based people to navigate this program and we can use faith-based programs and this is the Amendment.

SPEAKER OF THE HOUSE: Mr. Chisolm sets the Amendment. Is it is acceptable to the author? Mr. Webber, for what purpose?

REPRESENTATIVE WEBBER: Madame Speaker, will the gentleman yield?

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

REPRESENTATIVE CHISOLM: I yield.

REPRESENTATIVE WEBBER: Warren, I couldn't hear what you said the Amendment is.

REPRESENTATIVE CHISOLM: Well, it brings in the faith-based groups to work in this program, and so they'll help in assisting in making this program work, where we navigate people to the right place to get the services that they're due.

REPRESENTATIVE WEBBER: Okay. I'm a little confused by that because the bill analysis I have in front of me said that the bill would already bring in faith-based community volunteers. Was that not the case?

REPRESENTATIVE CHISOLM: Yeah. The bill does, yeah.

REPRESENTATIVE WEBBER: Okay. So if the bill already brings in community faith based, what's the need for the Amendment?

REPRESENTATIVE CHISOLM: Well, the Amendment takes it contingent that the HFFC has the resources to do it. So it's not a mandate that they have to do it. They don't find the resources to do it.

REPRESENTATIVE WEBBER: I'm sorry. A little louder.

REPRESENTATIVE CHISOLM: It makes the bill contingent upon HFFC's determination that they have the resources available. It makes the commission process less formal, instead of rule making and statutory programs. Instead the Advisory Committee, the Treasury, informs workers groups, distracts recruits. And because HFFC is not going to be recruiting volunteers, just trains the ones who come in to be trained. That's what the Amendment does.

REPRESENTATIVE WEBBER: Okay. Then I'll --

REPRESENTATIVE CHISOLM: So strike out recruiting. The only training that will come in is volunteers. HFFC does not participate at all if they can't determine that they have the revenue to do it with, and they don't have rule-making authority and they don't create a standard program to do this.

REPRESENTATIVE WEBBER: Okay. Well, I'll have some questions for the bill author in just a minute.

REPRESENTATIVE CHISOLM: We're going to adopt the Amendment then.

REPRESENTATIVE WEBBER: Okay.

SPEAKER OF THE HOUSE: Representative Chisolm offers up an Amendment. It's acceptable to the author. Is there any objection? The Amendment is adopted. The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Guillen. Thank you, Madame Speaker.

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

THE CLERK: Amendment by Zerwass.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Zerwass.

REPRESENTATIVE ZERWASS: Thank you Madame Speaker. Members. This Amendment adds some language relating to expanding the use and function of community health workers in Texas. The Amendment is cost mutual. It directs health and human services to maximize the benefits of community health workers. The Amendment also directs the commission who conducts the study that would focus on the condition and quality of health care services and provides recommendations on maximizing the impact of and access of community health workers and I believe it's acceptable to the author.

SPEAKER OF THE HOUSE: Representative, the Amendment is acceptable to the author.

MR. IRKS: Madame Speaker for what purpose.

SPEAKER OF THE HOUSE: Member, for what purpose?

REPRESENTATIVE DURWOOD: Dr. Zerwass yield?

SPEAKER OF THE HOUSE: Will you yield?

REPRESENTATIVE ZERWASS: I yield.

REPRESENTATIVE DURWOOD: Doctor, I didn't hear the first part of your Amendment. Would you restate it, please.

REPRESENTATIVE ZERWASS: Yes. The Amendment adds language relating to expanding the use of community health workers already in the code. And so what it does is it's a cost-neutral thing. It's intended to create an Advisory Committee to create a certification process for these people, actually, so that they can actually become even more functional in a setting. There's no money paid to these individuals from any of the government sources. There's no particular code for charging for their services. The value of it comes in their use and typically busy emergency-room settings and things like that and hospital settings, where you're trying to get these people connected to perhaps the more cost effective healthcare services that might be available. My own experience that might be more along with the author's, have been navigators. And the navigators have been very helpful to us in some of the more tertiary healthcare service centers where you may need some connection to healthcare services where you may or may not need the resources and try to get them in a place that's most cost effective.

REPRESENTATIVE DURWOOD: Okay. Thank you.

REPRESENTATIVE ZERWASS: Yes, sir.

SPEAKER OF THE HOUSE: If there's no objection to the Amendment. The Chair hears none. It's acceptable to the author. The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Madame Speaker, will the gentleman yield?

SPEAKER OF THE HOUSE: Yes, the gentleman yields have.

REPRESENTATIVE RYAN: What is your bill attempting to somewhat do it do in basic terms?

REPRESENTATIVE GUILLEN: Guillen, what we're doing is we're creating a process where the agency will train and certify volunteers of faith-based groups in the community to do what we're paying people to do now. And so we think it's a great thing. We have the support of the Texas Catholic Conference, the Christian Live Commission. The Texas Hospital Association. The Coalition of Texans With Disabilities. Texas Health Institute. Methodist Healthcare Ministries. Texas Care for Children. Texans Medical Association. We've all worked together to come up with something that everybody likes, and it's attempting to take care of something that is already done but paid for to be done through a volunteer process to save money.

REPRESENTATIVE RYAN: You read a list of groups and organizations supporting the bill. Did you have testimony against the bill?

REPRESENTATIVE GUILLEN: No, we didn't.

REPRESENTATIVE RYAN: You had no testimony against the bill?

REPRESENTATIVE GUILLEN: No, we didn't.

REPRESENTATIVE RYAN: Okay.

SPEAKER OF THE HOUSE: The question?

REPRESENTATIVE RYAN: I move passage.

SPEAKER OF THE HOUSE: The question -- is there anyone wishing to speak for or against House Bill 2610? The question occurs on passage of House Bill 2610. All those in favor say aye. Those opposed say nay. The ayes have it in House Bill 2610. The Chair lays out as a matter of postpone business relating to the Vaccination Against Bacterial Meningitis related to the Institution of Higher Education.

REPRESENTATIVE HOWARD: I'm really sorry to hear about Mr. Williams, but do we know that the cause of his death was meningitis.

SPEAKER: Yes, we do.

REPRESENTATIVE HOWARD: Do we know that this vaccine would have prevented it?

SPEAKER: His parents and his physician and the physician that's standing beside me says yes.

REPRESENTATIVE HOWARD: So was there an autopsy done?

SPEAKER: I can't answer that question.

REPRESENTATIVE HOWARD: Okay.

SPEAKER: I did speak at the funeral, and I can tell you the funeral was overflowing with students. They were very adamant that they would sure hope that we would be able to pass this legislation so they would not become affected with this disease.

REPRESENTATIVE HOWARD: I appreciate that and I have a son at A&M, as well, and so I've been aware of the circumstances. I did speak with two --

SPEAKER OF THE HOUSE: Representative Bonnen raises a point of order. The point of order is sustained.

REPRESENTATIVE HOWARD: I'd like to extend the time.

SPEAKER OF THE HOUSE: Members this is a first request for extension of time. Is there an objection? The Chair hears none. The time is extended.

REPRESENTATIVE HOWARD: Thank you. I spoke with two college from my district. One from a community college and one from a private college, and they were very much opposed to this bill. It really removes the option for people who want to attend a university and perhaps reside off campus, who are opposed to receiving a vaccine.

SPEAKER: No. That was incorrect. They have the option -- they have -- they can operate the out for any conscious reason or for any religious reason. They do not have to take the vaccine, if they fill out a form and object to taking the vaccine. So that should not be a deterrent whatsoever of students coming on to the campus.

REPRESENTATIVE HOWARD: Okay. So there's no mandate. You can't opt out?

SPEAKER: There is an opt out. That's just what we read.

REPRESENTATIVE HOWARD: Well, I haven't seen the Amendment so I'm glad to see that. Thank you very much, Mr. Howard.

SPEAKER: Thank you.

REPRESENTATIVE HOWARD: Members, I ask you to vote aye on this bill.

SPEAKER OF THE HOUSE: Is there anyone wishing to speak for or against SB 1107? The questions 1107, a record vote has been requested. A record vote has been granted. The clerk will ring the bell. Show Representative Shelton voting aye. Show Representative Todd Smith voting aye. Zedler voting no. Have all members voted? Have all members voted? There being 127 ayes, 13 nays, two persons not voting. SB 1107 is a pass on Grossman. Representative Howard of Fort Bend moves to lay House Bill 1816 on the table subject to call. Is there objection? The Chair hears none. It's so ordered. The Chair lays down the second reading House Bill 274. The clerk will read the bill.

THE CLERK: House Bill 274 by Creighton relating to attorneys' fees, early dismissal, expedited trials and the form of certain remedies and procedures in civil actions.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Creighton.

REPRESENTATIVE CREIGHTON: Thank you, Mr. Speaker. Members. House Bill 274 is the Omnibus Tort Reform bill that incorporates five fair meaningful provisions designed to lower the cost of mitigation to both sides of a civil case. It's my intention to lay out this bill in six sections so I'd like to go Article by Article. And I respectfully request that if you can stay with me on the process so that everyone on the House floor has the opportunity to hear what this bill does in a clear manner, Article by Article. We'll be working with you, if you're offering Amendments or you've already filed Amendments, and as you're asking questions and deliberating the elements of the bill, we'll go through each Article one at a time and then I'll have a couple of team members per Article to assist, depending on where we are in the bill. I've got a Perfecting Amendment that I'll offer after I finish the introduction, and after you allow me to explain a couple of the points of House Bill 274, I'll lay out that Amendment. There's been much discussion about the bill, and what this bill does, House Bill 274 lowers the costs of lawsuits by reducing litigation costs for the plaintiff and the defendant. It advances worthy lawsuits and it discourages cases without merit. It helps open the courts, increases efficiency of litigation and meets the goals of the Texas tort system by helping to make plaintiffs' whole quicker. House Bill 274 does not punish families and small businesses, give unfair advantages to corporations or freeze out individuals like some of the propaganda that you've had distributed today. It's my intent with the bill to create a clean and affordable civil justice system in Texas that results in fair settlements. So I want to go through an explanation very quickly, Article by Article, of what this bill accomplishes. Article 1 allows the judge to toss out a case that has no legal basis whatsoever while granting permission for the prevailing party or the winner to recover their expenses. Article 2 creates a path for the plaintiff with smaller but still very justified cases to make the injured party whole quicker. In other words, for cases from 500 to $100,000, it limits the discovery required and gets them their day in court faster. Article 3 requires clear and unambiguous language and status. So if you're going to sue under a certain status, it can't be ambiguous. It has to be very clear that that status governs the claims that are alleged. Article 4 allows an interlocutory appeal or interim appeal, such as a question of jurisdiction to be made to the Appeal's Court with the permission of the trial court judge. And Article 5 and 6 make restrictions to the statute regarding the offer of settlement that was passed in House Bill 4 in 2003. It makes revisions to that statute to state that both sides have equal footing while settling cases and seeks to fix the current situation.

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

REPRESENTATIVE MARTINEZ: Mr. Speaker, I seek to raise under Section 32(b)9.

SPEAKER OF THE HOUSE: Bring your point of order to the front.

(Brief recess taken.)

SPEAKER OF THE HOUSE: Members, the point of order is respectfully overruled. The Chair recognizes Representative Creighton to continue opening on his bill. Representative Martinez-Fischer. REPRESENTATIVE MARTINEZ-FISCHER: Question.

SPEAKER OF THE HOUSE: State your inquiry. REPRESENTATIVE MARTINEZ-FISCHER: The statement of the overruling is on the basis of what?

SPEAKER OF THE HOUSE: That Rule 4, Section 32(b) and Section 9 was complied with. REPRESENTATIVE MARTINEZ-FISCHER: And is that based on any precedent or is that the original ruling of the Chair?

SPEAKER OF THE HOUSE: Every ruling is an original ruling of the Chair because it deals with the new bill. REPRESENTATIVE MARTINEZ-FISCHER: Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: Yes, sir. REPRESENTATIVE MARTINEZ-FISCHER: Would the Chair share with me any House precedents that the Chair relied on in making his ruling?

SPEAKER OF THE HOUSE: As far as the Chair is aware, there's only one Summary of Committee Actions that has ever been sustained, and that was a Summary of Committee Actions that in which the Summary of Committee Actions showed a formal meeting when, in fact, a public hearing had taken place and this was in error. REPRESENTATIVE MARTINEZ-FISCHER: So is it the Chair's opinion that that is the only time a point of order for a Rule 32(b)9 --

SPEAKER OF THE HOUSE: No, sir, the only time that it was sustainable. REPRESENTATIVE MARTINEZ-FISCHER: Okay. So in the Chair's ruling, it was argued that in one Committee Hearing of this committee, 11 witnesses testified and the Committee found it important enough in the summary of the committee action to list that in a line item on the April 6, 2011 Summary of Committee Action. But then on the April 11th meeting, five days later, 18 witnesses, seven more than the week prior, testified and that acknowledgement of witness testimony being taken and registered was not placed in the Summary of Committee Action. And I have a hard time trying to reconcile that with the Chair's ruling when the Committee found it important enough to place it in former but not in the latter.

SPEAKER OF THE HOUSE: Thank you very much. REPRESENTATIVE MARTINEZ-FISCHER: Well, I'd like a response from the Chair, please.

SPEAKER OF THE HOUSE: The Chair's reviewed and believes that the rule was complied with. REPRESENTATIVE MARTINEZ-FISCHER: Mr. Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry. REPRESENTATIVE MARTINEZ-FISCHER: Is it required under Rule 49(b)9 that the rule be accurate?

SPEAKER OF THE HOUSE: No, sir. It only simply says that it needs to be a summary of the Committee Hearing. REPRESENTATIVE MARTINEZ-FISCHER: Okay. So the rules that we debate, not just on the floor, but the days prior --

SPEAKER OF THE HOUSE: Represent Martinez, one moment. Does it have to be accurately reflected in the sense that it states that it was a public hearing and it must have, in turn, been a public hearing, yes, but it is a summary that must be accurate to what occurred. REPRESENTATIVE MARTINEZ-FISCHER: So long as the Committee will accurately summarize what it wants to summarize it's complied with? But if something that, in fact, happened is omitted and in this instance is omitted after its been acknowledged in a prior meeting, then that's in compliance with the rule? I mean, if you follow me, it was accurate enough to be in search in a prior hearing --

SPEAKER OF THE HOUSE: Represent Martinez Fischer, respectfully, summaries in nature do omit things. Summaries are not to be exhaustive of any detail of the proceedings of the meeting. REPRESENTATIVE MARTINEZ-FISCHER: There are a lot of confused members and committee clerks, I suspect. Why, Commissioner, Speaker, is it important to list in a summary witnesses who testified or recorded on one week and then arbitrarily left off in another week and that not deemed to be accurate or in need of statement? Because, in other words, in other words, I think the precedent that the Chair is setting, and I want the Chair to know this, the precedent that the Chair is setting that 18 witnesses --

SPEAKER OF THE HOUSE: Representative Martinez Fischer -- REPRESENTATIVE MARTINEZ-FISCHER: 18 witnesses do not exist on the summary and I think that's important.

SPEAKER OF THE HOUSE: But the 18 witnesses do exist on the witness list. REPRESENTATIVE MARTINEZ-FISCHER: And they so should because the rule requires that.

SPEAKER OF THE HOUSE: Correct. REPRESENTATIVE MARTINEZ-FISCHER: But under the Summary of Committee Action, and we're talking about an event that took an entire hour to lay out and we all lay out bills around here. All right. And when you have a bill for an hour and if you read the Amendments of the April 11th meeting for that bill, you will not know that an hour transpired because of the lack of acknowledgement of the witnesses or just the mere statement that testimony was taken. And so I believe a rule, such as broad-line standard, it sounds to me the Chair is applying a material and substantial standard, which is not the --

SPEAKER OF THE HOUSE: The Chair is not. REPRESENTATIVE MARTINEZ-FISCHER: Okay. Well, so we could have inconsistent minutes in the summary, so long as its accurate and it's the Chair who signs the Committee Report, gets to decide what parts of the summary he or she wants to put on the Summary Committee Action, so long as whatever they put is accurate.

SPEAKER OF THE HOUSE: The Chair finds that the Summary of Committee Actions on this bill complies with the rules. REPRESENTATIVE MARTINEZ-FISCHER: And I agree to that. But my question was: Is what the Chair is saying that so long as a Chair signs a Committee Report and in the Summary of Committee Action, if they have the ability to be inconsistent, so long as whatever is arbitrarily decided to be put in that section, so long as its accurate, it doesn't matter that it's not thorough? It just has to be accurate?

SPEAKER OF THE HOUSE: Representative Martinez-Fischer, with respect, the Chair is only able to rule on what is before us and we have ruled that this is in compliance. REPRESENTATIVE MARTINEZ-FISCHER: And I know that with respect, Mr. Chair, the Chair may feel that they have the ability to rule on what points of order. I'm trying to understand it. With all due respect, if you will just indulge me and indulge the body because I think this sends a pretty chilling message because it's a departure that it's so important and it's so chilling that we made it important to have it in our rules.

SPEAKER OF THE HOUSE: Yes, sir. REPRESENTATIVE MARTINEZ-FISCHER: And so my question for the third time is: It's the position of the Chair that so long as there's a Summary of Committee Action requirement in this House under the rule, the Chair has the absolute discretion to summarize the Committee Action in any manner the Chair sees fit, so long as whatever summation the Chair deems to be important, whatever summation the Chair deems to reduce to writing and place in the public record, so long as that's accurate? That satisfies the ruling? That satisfies the rule under Rule Section 32(b)?

SPEAKER OF THE HOUSE: In this case, the Chair's reviewed the summary of the Committee Actions and believes that they are in compliance. REPRESENTATIVE MARTINEZ-FISCHER: And I know that, too, but in making this ruling --

SPEAKER OF THE HOUSE: It's sufficient. Summaries are going to leave things out, right. REPRESENTATIVE MARTINEZ-FISCHER: But, again, we know that. There are Chair men and women that are writing Committee Reports, as we speak. And I want to be clear: And so the Chair now under this ruling has the ability to write a Summary of Committee Action, the Chair can decide what he or she wants to put in the Summary Committee Action, and the only standard we hold them by is whether or not those statements are accurate? That's what we're saying today under this rule?

SPEAKER OF THE HOUSE: The Chair is only able to rule on what was before it based on the case that was before, and in this case we have agreed that they were accurate. REPRESENTATIVE MARTINEZ-FISCHER: Right. No. They are indeed accurate. They're very inconsistent.

SPEAKER OF THE HOUSE: And that they have met the standard in the rule. REPRESENTATIVE MARTINEZ-FISCHER: And again for the body and for future practice, that standard is yes. It's a summary, and yes, it's accurate. And the fact that we said something in one Committee Hearing and bid for it in another, so long as what's on this paper is accurate, it complies with the rule. Is that the practice that we're establishing under the Chair's ruling?

SPEAKER OF THE HOUSE: The only rule is the review of this rule on this bill and the Chair finds that this is satisfied. REPRESENTATIVE MARTINEZ-FISCHER: Right. And I'm trying to understand the reasoning and I have not been convinced under the Chair's ruling. The Rule's been complied with. There's no question about that. But the question I have: To accept the Chair's ruling, which, if I get an answer from the Chair, I'm happy to sit down. But to accept the Chair's ruling, all we have to have is whatever the Chair wants, so long as its accurate?

SPEAKER OF THE HOUSE: In this instance, the Chair finds that it was accurate. REPRESENTATIVE MARTINEZ-FISCHER: I hear you. But does that mean as long as its accurate, the Chair can put whatever they want in it? How much or how little is the complete discretion of the Chair?

SPEAKER OF THE HOUSE: In the case of the minutes of April 14, 2011 meeting -- I'm sorry April 11th meeting indicated that this bill was considered in a public hearing, recalled from the subcommittee, committee substitute was considered in committee, referred to the subcommittee on torts, and then subcommittee members were named, Mr. Maiden as Chair, Mr. Louis and Mrs. Sarah Davis. REPRESENTATIVE MARTINEZ-FISCHER: And so the Chair finds those to be accurate?

SPEAKER OF THE HOUSE: Correct. REPRESENTATIVE MARTINEZ-FISCHER: Okay.

SPEAKER OF THE HOUSE: And sufficient. REPRESENTATIVE MARTINEZ-FISCHER: Mr. Speaker, I rise to raise the point of order of this bill under Rule 4 Section 32(b)9.

SPEAKER OF THE HOUSE: Thank you, bring your point down front. Members, it is 6:23, we're going to recess for ten minutes to -- we're going to stand at ease. I apologize. We're going to stand at ease for ten minutes until 6:33.

(Brief recess taken.)

SPEAKER OF THE HOUSE: Mr. Speaker, state your inquiry. Is there just a Motion to suspend the rules for Committee to meet?

REPRESENTATIVE JACKSON: Everybody else is telling me.

SPEAKER OF THE HOUSE: Did you object?

REPRESENTATIVE JACKSON: I didn't hear what occurred, which is what I said what just occurred, and I'm being told three different things by three different people and you're the only one in the speaker's Chair. Mr. Speaker, Parliamentary Inquiry: What just occurred?

SPEAKER OF THE HOUSE: I'll ask Mr. Jackson to read his motion again.

REPRESENTATIVE JACKSON: I request permission on Judicial and Civil Juris Prudence at 9:00 p.m. on May 5, 2011, in 3W15 to consider House Bill 274.

REPRESENTATIVE GALLEGO: You're requesting and I'm objecting.

SPEAKER OF THE HOUSE: Mr. Gallego, for what reason?

REPRESENTATIVE GALLEGO: Mr. Speaker, Parliamentary Inquiry in terms of permission to meet, that's a straight majority vote; is that correct? The majority of the members can ask for permission to meet?

SPEAKER OF THE HOUSE: That's correct.

REPRESENTATIVE GALLEGO: It's not a rule suspension, per se, that would require two thirds?

SPEAKER OF THE HOUSE: That's correct.

REPRESENTATIVE GALLEGO: And so in the event that the House grants permission for the Committee to meet, the Committee would meet at 9:00 p.m. and would vote the bill out, and would you explain the layout provisions so that we might understand when to expect the bill back on the floor.

SPEAKER OF THE HOUSE: Mr. Gallego, it depends on what the Committee does with the bill at the hearing.

REPRESENTATIVE GALLEGO: With respect to the permission to meet, is there no suspension of the Posting Rule? The Five-Day Posting Rule or other Posting Rules or other rules required before a committee can meet?

SPEAKER OF THE HOUSE: The bill has been previously posted.

REPRESENTATIVE GALLEGO: So there's no additional notice requirement?

SPEAKER OF THE HOUSE: No.

REPRESENTATIVE GALLEGO: Assuming, Mr. Speaker, that the purpose of the Committee Meeting is to vote out the bill again, then is there at this point, is the plan to suspend any additional rules to bring the bill back on the floor or is the plan to just go through the regular calendar process and have Mr. Hunter set the bill back on the calendar for floor debate?

SPEAKER OF THE HOUSE: Mr. Gallego, you'd have to visit with Representative Jackson and Representative Hunter. May I ask Representative Hunter to come up front. The Chair recognizes Representative Hunter.

REPRESENTATIVE HUNTER: Yes.

REPRESENTATIVE GALLEGO: With respect to the plan, just so that we can have some idea of the work plan over the next few days, and you've been very good about providing information in terms of the planning of the schedule, if Chairman Jackson votes the bill back out tonight, is the plan then for your committee to meet and reset the bill on the calendar or what many members are asking: Is there a plan to suspend the rules to bring the bill back immediately onto the House floor and bypass the calendar committee?

REPRESENTATIVE JACKSON: My intent is that if Hunter gets the information to me tonight, I will call a Calendar's Meeting and set it.

REPRESENTATIVE GALLEGO: Okay. And, Mr. Hunter, according to the rules and perhaps this is a question for the Chair, but according to the rules, if, as soon as you get that, all of the usual Layout Provisions would apply; is that correct?

REPRESENTATIVE HUNTER: That I don't know. You'll have to ask --

REPRESENTATIVE GALLEGO: Mr. Speaker?

SPEAKER OF THE HOUSE: State your inquiry.

REPRESENTATIVE GALLEGO: There are two ways, as I understand it, that this can occur. Mr. Hunter said the bill would have the re-out, the calendar would have the layout.

SPEAKER OF THE HOUSE: 36 hours.

REPRESENTATIVE GALLEGO: 36 hours or Mr. Hunter can choose to come to the House and ask for permission to suspend, as he has in the past, to set additional bills on the calendar; is that correct? Those are the two options that are available?

REPRESENTATIVE HUNTER: The Calendar Meeting, and then you would have a 36-Hour Rule.

REPRESENTATIVE GALLEGO: So we could expect to have the bill back on the calendar on Saturday or we could expect to have the bill back on the calendar on Monday? Which would be your --

REPRESENTATIVE HUNTER: Depending on when the information was given to me, it would be Saturday at the earliest.

REPRESENTATIVE GALLEGO: Okay. Thank you, Mr. Chairman. I appreciate it, Mr. Speaker, thank you.

SPEAKER OF THE HOUSE: Thank you.

SPEAKER: Mr. Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry.

SPEAKER: Was Representative Jackson's bill a motion or was his motion a Motion to recommit?

SPEAKER OF THE HOUSE: No, it was not.

SPEAKER: And before you get -- Mr. Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry.

SPEAKER: Before you gaveled, were there not objections that were heard through the House before the gavel?

SPEAKER OF THE HOUSE: I didn't hear them until I hit the gavel. Would you like to have Mr. Jackson -- you want us to back up and do this again and object?

SPEAKER: Yes, I would, Mr. Speaker, and I'd like a record vote.

SPEAKER OF THE HOUSE: I'd like it stricken.

SPEAKER: I'd like strict enforcement, Mr. Speaker.

SPEAKER: Mr. Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry.

SPEAKER: Will it be a majority or two thirds required?

SPEAKER OF THE HOUSE: Simple majority.

SPEAKER: And under what rule are we moving to reconvene this committee?

SPEAKER OF THE HOUSE: Sorry. Under what rule?

SPEAKER: Under what rule are we voting for this committee to meet again?

(Brief recess taken.)

SPEAKER OF THE HOUSE: Please vote for yourself. Do not vote for someone else. Mr. Martinez-Fischer will not vote any votes from the floor. Thank you. Clerk ring the bell. Have all voted? Have all members voted? Have all members voted? 90 ayes and 39 nays. Motion is adopted. Following announcement. The clerk will read the announcement.

THE CLERK: The Committee on Judiciary and Juris Prudence will meet at 9:15 p.m. On May 5, 2011, at 3W.15. This will be a formal meeting to consider HB274.

SPEAKER: Mr. Speaker, I have a message from the Senate at door of the House.

SPEAKER OF THE HOUSE: Mr. Messenger.

SPEAKER: Messenger. Thank you, Mr. Speaker, I'm directed by the Senate to inform the House the Senate has taken the following action. The Senate has passed the following measure.

(Brief recess taken.)

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against House Bill 2814 by Representative Hockberg? The Chair recognizes Representative Hockberg to close.

REPRESENTATIVE HOCKBERG: Passage.

SPEAKER OF THE HOUSE: The request to pass the vote on House Bill 2814. All those in favor say aye. All those opposed say nay. Mr. Creighton, for what purpose?

REPRESENTATIVE CREIGHTON: Mr. Speaker, Parliamentary Inquiry.

SPEAKER OF THE HOUSE: State your inquiry.

REPRESENTATIVE CREIGHTON: Could the Chair explain the point of order that was sustained on House Bill 274.

SPEAKER OF THE HOUSE: The clerk will read the ruling for you, Mr. Creighton.

THE CLERK: Representative Martinez-Fischer raises a point of order under Rule 4 Section 32(b)9 that in Summary of Committee Actions to House Bill 274 is inaccurate. Specifically Representative Martinez-Fischer points out that the Summary of Committee Action for April 11, 2011, states that the members of the subcommittee, of the Torts Subcommittee of the Judiciary and Civil Juris Prudence Committee were named on April 11, 2011 when, in fact, committee members had been named at an earlier meeting on April 4th, 2011, and were not separately named at the April 11, 2011, meeting. The Chair has reviewed the summary of the committee action and agrees accordingly. The point of order is sustained.

SPEAKER OF THE HOUSE: Mr. Speaker.

REPRESENTATIVE CREIGHTON: Mr. Speaker?

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

REPRESENTATIVE CREIGHTON: Can I request that the writing be placed in the journal?

SPEAKER OF THE HOUSE: The Chair has heard your motion for objection. The Chair hears none. Mr. Guillen, Mr. Riddle. The Chair recognizes Representative Riddle.

REPRESENTATIVE RIDDLE: Thank you very much, Mr. Speaker. I move to reconsider the vote by which House Bill 1604 failed to adopt.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection the Motion to reconsider? Is there an objection? The Chair hears none. Motion adopted. The Chair lays out House Bill 1604. Clerk read the bill.

THE CLERK: House Bill 1604 by Guillen relating to the subdivision and counties including certain borders in economically distressed counties.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Thank you, Mr. Speaker. Members. This bill makes six fundamental to strengthen subdivision regulations that govern on the border. No. 1, it codifies who's responsible for code enforcement and extra territorial jurisdictions. No. 2, it strengthens local determination for 5 to 10-acre planning. No. 3, it clarifies the new county roads or the minimum standard for new development. No. 4, it standardizes the advertising requirements for unincorporated areas. No. 5, it allows for a maximum of 250 earnest money contracts to be administered only by registered mortgage loan originator. And No. 6, it makes a distinction for major and minor violations and there is an Amendment.

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

THE CLERK: Amendment by Guillen.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Thank you. Mr. Speaker. Members. This just strips an Amendment that was amended on yesterday that some state rulers had some heartburn on and I move passage.

SPEAKER OF THE HOUSE: Mr. Speaker.

REPRESENTATIVE PHILLIPS: Mr. Speaker.

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

REPRESENTATIVE PHILLIPS: Would the gentleman yield?

SPEAKER OF THE HOUSE: Do you yield, Mr. Guillen?

REPRESENTATIVE GUILLEN: Yes.

REPRESENTATIVE PHILLIPS: Mr. Guillen, you're asking us to reconsider this, and I know different people have talked to some of us or probably all of us about why we should change our vote and pass it now. I know I see that -- I know that Ms. Riddle is up there, but I see that you've taken an Amendment off. Was that something you'd already taken off earlier?

REPRESENTATIVE GUILLEN: There was an Amendment put on yesterday that some of the stakeholders had some heartburn about and so we're stripping it off.

REPRESENTATIVE PHILLIPS: Okay. Why is this something that we need to do to help those communities along the region?

REPRESENTATIVE GUILLEN: Well, we're --

REPRESENTATIVE PHILLIPS: I know you read things but we couldn't hear all of it.

REPRESENTATIVE GUILLEN: Okay. We're making six fundamental changes to strengthen the subdivision regulations that govern the development on the border. One, we are codifying who's responsible for Model Subdivision Code Enforcement and Extra Territorial Jurisdictions. Right now it's very vague as to who's responsible in some of those more rural areas where municipalities aren't really functioning in the ETJs. This codifies that. We also clarified that new county roads are the minimum standard for new development. Under current standards, it standardizes advertising requirements. Right now the only subdivisions that are developed within municipalities on the border can be advertised before they're done. We're extending that to subdivisions that are in development outside of the municipalities. And we're also doing a $250 earnest money contract that can only be done by registered mortgage loan originator, who must meet strenuous federal licensing requirements if there's no question about the originators professionalism or qualification. And the bill also makes a distinction for major and minor violations and provides a 90-day cure period for minor violations. And this, we believe, will go a long way to improve subdivisions along the border.

REPRESENTATIVE PHILLIPS: And so there's some subdivisions down there that we keep having to spend some remediation on because they're not meeting criteria that would be required in most other counties; is that correct?

REPRESENTATIVE GUILLEN: Well, the ones that have been worked on are those that were created before Model Subdivision Rules were put in place. So yes, there's been a lot of money spent over the last 20 years to remediate all those subdivisions that were built before these Model Subdivision Rules were put in place. And that, you know, at that time were not built with that basic infrastructure that every subdivision should have.

REPRESENTATIVE PHILLIPS: And I want to make sure of this: Is this something that your local county officials support?

REPRESENTATIVE GUILLEN: Certainly. I've been working all interim with Webb County to do this, and they sent in a letter to the Committee.

REPRESENTATIVE PHILLIPS: So your county officials who are elected, your local office elected officials, want this?

REPRESENTATIVE GUILLEN: Yes.

REPRESENTATIVE PHILLIPS: What about your people that build these subdivisions? Is this something that the builders or that the developers are going to say, oh, I can't believe the legislature focused down here and did something like this?

REPRESENTATIVE GUILLEN: Oh, no certainly. The developers, the builders -- those are the folks we've been working with, as well, and they're the ones that have been talking to many of you guys all day in favor of the bill.

REPRESENTATIVE PHILLIPS: So it's pretty much an agreed to, for your local -- and where will all of this apply?

REPRESENTATIVE GUILLEN: Half of these changes were passed by the Task Force on Uniform County Subdivision Regulations, which was a task force that was put together last session that operated during the interim and some of these are their recommendations.

REPRESENTATIVE PHILLIPS: Okay. All right. Thank you.

REPRESENTATIVE GUILLEN: Thank you.

SPEAKER OF THE HOUSE: Excuse Representative Solomon because of illness. The Chair recognizes the Floor.

REPRESENTATIVE RIDDLE: Mr. Speaker.

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

REPRESENTATIVE RIDDLE: Would the gentleman yield?

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

REPRESENTATIVE GUILLEN: Yes.

REPRESENTATIVE RIDDLE: Ryan, you and I have had a lot of time to go over this bill, have we not?

REPRESENTATIVE GUILLEN: Yes, yes, we have.

REPRESENTATIVE RIDDLE: And you remember that I had a valid point of order on this bill?

REPRESENTATIVE GUILLEN: Right.

REPRESENTATIVE RIDDLE: But we got together and the issues that I had heartburn about -- how would you say that we were able to resolve that? I feel like that we did a very good job in making this bill far better so that we do not continue the proliferation that we've experienced that we've had to spend so much money on with the remediation. How would you comment on that?

REPRESENTATIVE GUILLEN: Yesterday we added on an Amendment -- I mean, it was today. I'm sorry. I'm losing track. Today we added on an Amendment by Lucio -- no. It was yesterday. Second reading. I'm sorry.

REPRESENTATIVE RIDDLE: The days and nights are running together. That's okay.

REPRESENTATIVE GUILLEN: Right. We added an Amendment by Lucio, which was an Amendment that you and Eddie Lucio, III, and myself and all of the different stakeholders.

REPRESENTATIVE RIDDLE: Yes.

REPRESENTATIVE GUILLEN: And in that we made, you know, some clarifications, some very important clarifications. One being that anybody, any individual, any private individual, can bring on a private suit without a 90-day wait between that time and several other small changes that we thought would go a long way to show the public that this is --

REPRESENTATIVE RIDDLE: But the bottom line we improved the fact that the roads had to be good roads. That would make a subdivision a subdivision and have it fixed.

REPRESENTATIVE GUILLEN: Under current law and --

SPEAKER OF THE HOUSE: Raised to the point of order. The gentleman has satisfied the point of order. Well sustained.

REPRESENTATIVE RIDDLE: Would the gentleman yield?

SPEAKER OF THE HOUSE: No. The time has expired.

REPRESENTATIVE RIDDLE: May the time be extended, please?

SPEAKER OF THE HOUSE: First extension of time. Mr. Guillen do you yield?

REPRESENTATIVE GUILLEN: Yes.

REPRESENTATIVE RIDDLE: Thank you. Mr. Guillen, earlier in your comments I believe you said that everybody in the valley was for this representing the Cameron County and the people from Mc Allen are for this but that's not what I'm hearing on this floor tonight. Could you please clarify who you're carrying this for and who is supporting the bill?

REPRESENTATIVE GUILLEN: Well, I know that many, if not all, of the South Texas reps voted in favor of it on earlier today. But really, I didn't check the list to see who voted for and who voted against.

REPRESENTATIVE RIDDLE: In fact, isn't it true that a number of low-income housing advocacy groups are opposed to this?

REPRESENTATIVE GUILLEN: This will not have been on the low-income housing group that we've worked with throughout this time. And yesterday morning, in fact, the day before yesterday and yesterday morning we worked together in Debbie's office to come up with an agreement on an Amendment that we worked real hard on and we put that on second reading.

REPRESENTATIVE RIDDLE: I appreciate your clarification. I hope you don't mind that I've decided that my new tactic is to hold people accountable as to what they're saying at the front mic. Thank you.

REPRESENTATIVE GUILLEN: Thank you.

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

REPRESENTATIVE ROSS: Would the gentleman yield for a question?

SPEAKER OF THE HOUSE: Will you yield for question?

REPRESENTATIVE GUILLEN: Yes.

REPRESENTATIVE ROSS: Ryan, Representative Guillen, I'm sorry, is this bill, the origin of that bill, would it affect Bexar County at all?

REPRESENTATIVE GUILLEN: Not at all.

REPRESENTATIVE ROSS: And I have a question: Why would a mortgage company be make taking earnest money for a seller? I was kind of confused by that.

REPRESENTATIVE GUILLEN: No. It's not a mortgage company. It's a registered mortgage loan originator. And in order to do an earnest money contract under this bill for a lot, you would have to -- the person doing that transaction would have to it be a registered mortgage loan originator in order to do the transaction. We're just trying make sure that only licensed, qualified individuals are doing those transactions.

REPRESENTATIVE ROSS: Now, the colonials were a problem in the past and they're existing and continuing to exist today. Who's building these neighborhoods without regulation now in 2011?

REPRESENTATIVE GUILLEN: Well, I think many would argue that very few, if any, are being built -- have been built on the border in the last 15 years or so. The vast majority of them, 99 percent of them, were built before that, before 20 years ago. Before the Model Subdivision Rules were put in place. That's when they were all built. They were done in a substandard way without basic water, sewer, and road infrastructure, and that's what has been so costly over the last 20 years.

REPRESENTATIVE ROSS: So this is basically -- the attempt of this bill is to, the intent of this bill is to remediate those situations?

REPRESENTATIVE GUILLEN: No. That would probably be another conversation for another day. What we're doing here is we're taking those model subdivision rules and codifying them.

REPRESENTATIVE ROSS: Thank you, sir.

REPRESENTATIVE GUILLEN: Thank you. I move passage of the Amendment.

SPEAKER OF THE HOUSE: Represent Guillen sends up an Amendment. The Amendment is acceptable to the author. Is there an objection? A record votes been requested. A record vote is granted on the Guillen Amendment. Adoption of the Guillen Amendment. The clerk will ring the bell. Have all voted? 114 ayes and 20 nays. The Amendment is adopted. The Chair recognizes Representative Guillen.

REPRESENTATIVE GUILLEN: Move passage of the bill.

SPEAKER OF THE HOUSE: Anyone wishing to speak on, for or against House Bill 1604? The Chair recognizes Representative Riddle to speak on the bill.

REPRESENTATIVE RIDDLE: Members, there has been some real confusion regarding this bill. I had a valid point of order on this bill when it first came to the floor. I went to Ryan and there were some things in it that gave me real heartburn. I do not like the money that our taxpayers have had to spend remediating the colonials. Anything that would take what we have done backwards, I was going to fight tooth and nail. But there were some parts of this bill that I thought were good. So Ryan pulled the bill down and we met that night, and we met the following morning with all the stakeholders. And we were able to fix some of the things that I thought were a negative. This bill is good because the regulations are not going to take us backward, but they're going to take us forward so that we no longer will have to worry about remediating these subdivisions that many call colonials. Those of you that know me know how strong I feel about that subject. And I wouldn't be standing here supporting this bill if it were not 100 percent what we're saying that it is. I feel that we have a responsibility to the taxpayers and this is a responsible decision for the taxpayers of Texas and it's a responsible decision for those who will be moving into these subdivisions. Thank you, Mr. Speaker.

SPEAKER OF THE HOUSE: Anyone else wishing to speak for or against House Bill 1604? The question occurs on passage of passing 1604 all those for say aye. All those opposed say nay. Record vote's been requested. Record vote is granted. Clerk read the bill. Excuse me. Third reading. Have all voted? Being 81 ayes and 57 nays. House Bill 1604 has finally passed. The Chair lays out on second reading House Bill 1278. Clerk read the bill.

THE CLERK: House Bill 1278 by Coleman. Relating to regulation by Property Owners Association, Civil.

REPRESENTATIVE COLEMAN: The requirements for the placement of religious displays on doorjambs, is such as any other religious symbols at a size that is acceptable to the individuals who live in the neighborhood and I move passage.

SPEAKER OF THE HOUSE: Anyone wishing to speak for or against House Bill 1278? The question House Bill 1278 passed.

(Inaudible.)

SPEAKER OF THE HOUSE: House Bill 1278 passed. The Chair lays out the Chair lays out on second reading House Bill 1316. Clerk read the bill.

THE CLERK: House Bill 1316 relating to the Municipal Hotel Option Tax by certain eligible municipalities.

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

REPRESENTATIVE TORRES: Mr. Speaker, I'd like to request that we postpone House Bill 1316 till Saturday at 10:00 o'clock. We're waiting for the Senate Bill to come over.

SPEAKER OF THE HOUSE: Members, you've heard the motion. There's none. So ordered. The following Resolution. The clerk read the Resolution.

THE CLERK: HR House Bill 174 from the governor to allow the chief clerk to make a correction in receipt of a bill.

SPEAKER OF THE HOUSE: The Chair recognizes Representative Otto.

REPRESENTATIVE OTTO: Members, I move to suspend all necessary rules in order to take up HCR 148.

SPEAKER OF THE HOUSE: Members, you've heard the motion. Is there an objection. The Chair hears none. So ordered. Clerk read the Resolution.

THE CLERK: (Inaudible.)

SPEAKER OF THE HOUSE: Mr. Hilderbran.

(Brief recess taken.)

SPEAKER OF THE HOUSE: The Chair recognizes Representative Bonnen.

REPRESENTATIVE BONNEN: Members, we just want to make certain everyone understands everything that's going on. House Bill 148 is simply a corrective Resolution to correct one problem in the bill, and being it is a corrective Resolution, we do have to have a record vote so that is what we're doing. HCR 148. It is a Corrective Resolution for Mr. Flynn's bill where there was a mistake in drafting in one line and we're simply correcting that. The bill's already passed.

SPEAKER OF THE HOUSE: It's a record vote. The clerk read the bill.

THE CLERK: Have all voted?

SPEAKER OF THE HOUSE: Show Mr. Gooden voting aye. 134 ayes and 0 nays. The Resolution is adopted. The Chair recognizes Representative Bonnen.

REPRESENTATIVE BONNEN: Members, I know we all just voted to do that but a few members have asked what we are correcting. It is actually to technical. When it says signed in the presence of the House, that wasn't there. So we're simply putting that in there. So it wasn't even anything to do specifically with the bill itself in policy. Thank you.

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

THE CLERK: The Committee on the Urban Affairs will meet on final adjournment on May the 5th, 2011, in the House Chamber No. 114. This will be a formal meeting to consider HB 1818.

SPEAKER: We have got literally dozens and dozens of notes and e-mails and being public appraisers for good and I want to thank the House for allowing me to be gone a couple of days. And Billie underwent yesterday about 7 hours of surgery. She got out of the hospital today and she's over in the Rotary House in Houston, with which is adjacent to the M.D. Anderson and will probably be there for seven to ten days and thank you for all your prayers.

SPEAKER OF THE HOUSE: Any further announcements? If not, Representative Alonzo moves the House stands adjourned until 9:30 a.m. tomorrow, pending the reading and referral of bills and Resolutions. The House stands adjourned.