REPRESENTATIVE JOE STRAUS: House will come to order. Members, please register. Have all registered? The quorum is present. The House and gallery please rise for our Sergeant-at-Arms for the invocation. SERGEANT-AT-ARMS: I don't often get a chance to come up here, so thanks for the opportunity. If Joe Crabbe were here today he would tell you that God hears short prayers, too. So not having any prep time whatsoever, we'll have a little short prayer. So if you'll bow your heads with me? Dear Lord, thank you for this time that we get to spend together. More time than we necessarily wanted to, but thank you for the fellowship and let us get some good work done here to get together
(inaudible). And we have a lot of spoken prayers, and we know that you hear our unspoken prayers as well, so please hear those. And it's in your name we pray. Amen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Beck to lead us in the pledge.
REPRESENTATIVE MARVA BECK: Mr. Speaker, members, guests would you please join me in the pledges to our flag? [PLEDGE]
REPRESENTATIVE JOE STRAUS: Excuse Representative Castro because of important business, on the motion of Representative Raymond. Excuse Representative Harless because of a funeral, on the motion of Representative Fletcher. Excuse Representative Larry Taylor for today and the remainder of the week because of personal business, on the motion of Representative Crownover. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hunter for a motion.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I request permission for the Committee on Calendars to meet while the House is in session at 10:25 a.m. today, June 22nd. 3W15 is the place, to consider a calendar.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Following announcement, the clerk will read the announcement.
THE CLERK: The Committee on Calendars will meet at 10:25 a.m. on June the 22nd, 2011, in room 3W.15. This will be a formal meeting to consider a calendar.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Kolkhorst for an announcement.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. This is an update on the wildfires that are in Grimes and Walker County. The rains really helped. Thank you for you prayers. It continues to rain, we need more. But fires in Walker County are one hundred percent contained with hot spots in Grimes County not such good news. But a higher percentage is contained. The Forest Service has warned us that people still cannot go back to their homes, but they're working. Not as much optimism as I thought there would be this morning, so we need more rain, more prayers; and just really a tough time for Grimes County. Lots of homes lost and real hot fires still burning. So thank you for you help with that, and thank you to the Texas Forestry Service. Can't say enough great things about them right now.
REPRESENTATIVE JOE STRAUS: Excuse Representative Shelton because of important business in the district, on the motion of Representative Button. Excuse Representative Sheets because of business in the district, on motion of Representative Anderson. Is there objection? Chair hears none. So ordered. Members, we're about to go on the calendar. Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, I'd like to recognize some individuals that are visiting us from the Rio Grande Valley this week who are up in the gallery now. With us -- And would y'all please stand? With us is artist Anthony Rivera and his proud mother, Diana Rivera. If you passed by the east extensions this week, his -- art has been in display, and has been over the past a couple of days. I'm sure you've seen some of Anthony's amazing artwork on display. His art is inspired primarily by the music he's listening to as he's approaching the easel. And he paints entirely with his hands. His musical tastes are diverse and range from Bob Marley to Willie Nelson to (inaudible) Fernandez. As a 40 year-old living with autism, Anthony uses his abstract paintings as a means to express himself. His artistic abilities have been encouraged by his mother, Diana, who is currently the president of the Art of South Texas, a nonprofit organization that advocates for the rights of individuals with intellectual and developmental disabilities. Members, if you haven't done so already, I encourage you to check out Anthony's great artwork in the extension. Also, there will be a small reception taking place in the House members lounge today from 12:00 noon to 1:00, where you'll have an opportunity to meet Anthony. Thank you once again, Anthony, for sharing your artwork with us this week at the Capitol. And, members, would you please help me in recognizing artist Anthony Rivera from the Rio Grande Valley, and his mom, Diana.
REPRESENTATIVE JOE STRAUS: Chair lays out on third reading House Bill 79. The clerk will read the bill.
THE CLERK: HB 79 by Lewis. Relating to fiscal and other matters for implementation of the judiciary budget as enacted by H.B. No. 1, Acts of the 82nd Legislature, Regular Session, 2011, and to the operation and administration of and practice and procedures in courts in the judicial branch of the state government.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON LEWIS: Thank you, Mr. Speaker. Members, I think there's one amendment that I plan to accept, because I see it.
REPRESENTATIVE JOE STRAUS: The following amendment, the clerk will read the amendment.
THE CLERK: Amendment by Phillips.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Thank you members, this is just am kind of a clean up to make clear. We've had a section on associate judges, you may remember the -- Judge Lewis and I talking about that, and this makes it clear that the associate duties were assigned they would -- could have that warrant duty as well. And anyway we just put it in, we already included in this bill as a magistrate, but we need to include them in a couple sections of code of criminal procedures, so that it would follow in between district judge and associate judge. And I believe it's acceptable to the author.
REPRESENTATIVE TRYON LEWIS: This is acceptable. It's basically (drop) present law as far as the duties or that -- that the present magistrates can do, that are lawyers, and have the same qualifications as the judge. And I do accept it.
REPRESENTATIVE JOE STRAUS: Representative Phillips sends up an amendment. It's acceptable to the author. Is there objection? Chair hears none. The amendment's adopted. Chair recognizes Representative Lewis.
REPRESENTATIVE TRYON LEWIS: Thank you. And with the appreciation -- Does Debbie have some questions? Then I'll wait.
REPRESENTATIVE JOE STRAUS: Ms. Riddle, for what purpose?
REPRESENTATIVE DEBBIE RIDDLE: Thank you, Mr. Speaker. Would the gentleman yield?
REPRESENTATIVE TRYON LEWIS: I do yield.
REPRESENTATIVE DEBBIE RIDDLE: Thank you. Judge Lewis, you and I spoke a little bit earlier today and I told you that I did have questions yesterday that I was a no vote simply because if I don't have everything nailed down I'm not comfortable with a yes vote. Even though we all respect and love you and all that you've done, I would like to clarify a few things that were of question. One was the rotating judges like that is done in Travis county and in San Antonio. Can you tell me again exactly what that does?
REPRESENTATIVE TRYON LEWIS: Well, this bill really would be not affect that situation one way or the other. It doesn't enlarge what's done under the present situation, and it would not affect anything in Harris County or Bexar County or other counties. The only effect on this bill is that in -- in smaller counties, where you have fewer than five judges but you have multiple judges, you have two, three, four judges; right now there's not a general statutory ability for one judge to take another judge's cases when that judge is sick or temporarily unavailable. You know, they have to get an assignment, and all those delays from a regional judge, even though they're sitting there and the parties are sitting there needing to get an uncontested divorce or something. So all this bill does, it enables those judges in those five counties to exchange benches and take each other's cases, so that things can be more efficient.
REPRESENTATIVE DEBBIE RIDDLE: So for the layman like me, let me see if I've got this straight. This would allow someone who -- let's say one of our judges gets the flu one morning, so they don't have to go through all of the process to have another judge assigned, they can simply call someone and get that there. And that is clearly different than that of a -- of the rolling docket, or the rolling judges?
REPRESENTATIVE TRYON LEWIS: That's absolutely correct.
REPRESENTATIVE DEBBIE RIDDLE: Does this bill address the rolling judges in any way, this does not require it to go into the counties where it does not exist, nor does it eliminate it in counties where it currently exists; is that correct?
REPRESENTATIVE TRYON LEWIS: That's correct. All that's local control.
REPRESENTATIVE DEBBIE RIDDLE: All of that is local control? Okay. So I was really concerned about that yesterday, because the -- the Russian roulette with the judges, they might like it in Travis County, but that's not anything we want in Harris County. And so I did want to make that clear. Regarding the judges, I just got an amendment on this for the associate judges, they are not elected.
REPRESENTATIVE TRYON LEWIS: That's correct.
REPRESENTATIVE DEBBIE RIDDLE: Now, when a judge wants an associate judge they have to go to commissioner court; is that correct?
REPRESENTATIVE TRYON LEWIS: That's correct.
REPRESENTATIVE DEBBIE RIDDLE: Commissioner court doesn't just go out there and hire, but at the request of the judge the judge cannot get an associate without approval of the commissioner court; is that correct?
REPRESENTATIVE TRYON LEWIS: That's exactly correct. The judge or judges have to go to commissioner's court and request that the position be created. Then if the position created the judge, if it's a one judge -- associate judge or judges, if it's one associate judge who would be helping a lot of other judges, would be appointed by the judges.
REPRESENTATIVE DEBBIE RIDDLE: Okay. Thank you very much. I think that you have taken care of the concerns that I have for this. Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mrs. Riddle, for what purpose?
REPRESENTATIVE HARVEY HILDERBRAN: For legislative intent, would you please reduce this to writing and put in the record, the comments between Judge Lewis and myself this morning?
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE DEBBIE RIDDLE: Thank you very much, Judge Lewis.
REPRESENTATIVE TRYON LEWIS: Well, thank you very much for doing your due diligence and checking on all these things out. I appreciate it. It makes it a better bill.
REPRESENTATIVE DEBBIE RIDDLE: Thank you.
REPRESENTATIVE TRYON LEWIS: And with that, Mr. Speaker, I move passage.
REPRESENTATIVE JOE STRAUS: Question occurs on final passage of House Bill 79. It's a record vote. The clerk will ring the bell. Show Representative Lewis voting aye. Have all voted? Being 117 ayes and 18 nays, House Bill 79 is finally passed. Chair lays out as a matter of postponed business HB 19. The clerk will read the bill.
THE CLERK: HB 19 by Aycock. Relating to hearings on public school educator contracts.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Aycock.
REPRESENTATIVE JIMMIE DON AYCOCK: Thank you, Mr. Speaker and members. I move to postpone HB 19 until a time certain, that being 5:30 a.m. on Friday morning.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business House Bill 17, the clerk will read the bill.
THE CLERK: HB 17 by Callegari. Relating to the minimum salary for and minimum service required of certain public school employees.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Mr. Speaker, members, I move to postpone this bill until 9:00 a.m. Friday. Thank you.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Excuse Representative Hartnett today and tomorrow on important business, on the motion of Representative Weber. Is there objection? Chair hears none. So ordered. Chair lays out as a matter of postponed business House Bill 20. The clerk will read the bill.
THE CLERK: HB 20 by Huberty. Relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Huberty.
REPRESENTATIVE DAN HUBERTY: Thank you, Mr. Speaker. Members, I move to postpone until 10:00 a.m. Monday June 27th.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out as matter of postponed business House Bill 21. The clerk will read the bill.
THE CLERK: HB 21 by Shelton. Relating to the reduction in force of teachers employed by school districts.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Huberty.
REPRESENTATIVE DAN HUBERTY: Thank you, Mr. Speaker. Members, I move to postpone until 10:00 a.m. Monday, June 27th.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, before we go on, I want to thank everyone who is actually here today. And I know that you and your families are making tremendous sacrifices to be here and complete our work in this special session. And, as we wind down this 30 days, I thought it would be helpful to give you a general idea of what the schedule might look like over the next several days. Under the Constitution the special session will end this Wednesday, June 29th, 2011. We still have lots of important work to be done, mostly in conference committees. We still have major pieces of legislation that were recently added to the call by the governor that will be eligible for floor consideration over the next several days. There is no floor action scheduled for tomorrow, Thursday. But conference committees will be meeting and some of the standing committees. I strongly encourage each of you to be here on Friday, and on each day that we meet after the weekend, and over the weekend if possible. You can expect floor action on those days including record votes on matters within the call. Because the House schedule is subject to change quickly, please be flexible in your personal scheduling over these next few critical days as we finish our business. Thank you. Are there any announcements? Chair recognizes Representative White.
REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker. I just wanted to inform the members that we are having Bible study this afternoon, early afternoon. The Capitol Commission Bible Study with Reverend Don Garner, at 11:30. It will be at Sullivan's. Lunch will be provided at 11:30 Bible study. God bless you and hope to see you there.
REPRESENTATIVE JOE STRAUS: Are there any other announcements? If not, Representative Kuempel moves that the House stand adjourned until 10:00 a.m, Friday, June 24th. House stands adjourned.
(The House stands adjourned.)
