House Transcript, June 7, 2011

Tuesday, June 7th, 2011. Texas House of Representatives.

REPRESENTATIVE JOE STRAUS: The House will come to order. Members, please register. Have all registered? Quorum is present. The House and gallery please rise for the invocation. The Chair recognizes Representative Weber to lead us in our prayer.

REPRESENTATIVE RANDY WEBER: Thank you Mr. Speaker. Would y'all pray with me? Father in Heaven, we come before you this day just giving you thanks for the great land that you've given us, the great state. Lord, we pray a blessing upon this legislature of men and women and all the support staff that we have in this great capital city, Austin, our great state. Father, we ask for rain. Lord, the heat, as you well know, is getting immense hot, higher and higher. Lord, never before do I remember seeing this kind of heat in June. Now, Lord, please send the rain. But more than that, please send us your Holy Spirit, send us your wisdom, your peace, your blessing; only in so much that we're able to be -- willing to be obedient to your word. Father, use this body of men and women to help Texas stay on track. Lord, bless our economy. Bring us back, Father, to that -- the sustenance you want us to have in a material way. Lord, help us again to reap the rewards and the benefits of this great economy that you have given us. Lord, help us to be better stewards this time. Lord, to make right decisions and to do the things that are pleasing in your sight, Father. We just pray that you would do that. In Jesus' name. Amen.

REPRESENTATIVE JOE STRAUS: The Chair recognizes Representative Kuempel to lead us in the pledge.

REPRESENTATIVE JOHN KUEMPEL: Thank you, Mr. Speaker and members, guests. Good morning. Please join me in the pledges to our flags. [PLEDGE].

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Strama to introduce our doctors of the day.

REPRESENTATIVE MARK STRAMA: Thank you, Mr. Speaker, members. Please join me in welcoming Dr. Larry Kravitz of the Austin Regional Clinic, someone who has joined us many times before to serve as our doctor of the day. I found out something interesting in talking to him a few minutes ago, that on an average day that he has served us, and he's done so many times, he sees about twenty-five visits a day from this complex of three thousand people that he's serving. He's brought with him a medical student named Roy Mire*, a graduate of the University of Texas, a student at the Baylor College of Medicine, a neurosurgery research fellow at the UTMB Anderson Cancer Center. And we appreciate both of them helping us out today. Will you please join me in welcoming our doctors of the day?

REPRESENTATIVE JOE STRAUS: The Chair recognizes Representative Dutton for a recognition.

REPRESENTATIVE HAROLD DUTTON: Thank you, Mr. Speaker and members. Members, when students join us here at the Capitol it's always a pleasure, but today I am joined by some students who came all the way from our neighboring state in the state of Louisiana. It is the New Orleans Charter Science and Math Academy. They are seated in the south gallery. Let me ask them to stand. They're joined by Donna Ward, their teacher. And I also want to say congratulations to Jamilla Green, who happens to have won the end of the course award for civics this year. Let me welcome you all to the House of Representatives in Texas, and thank you all for joining us, and I hope you have a wonderful day and wonderful visit here.

REPRESENTATIVE JOE STRAUS: Excuse Representative Anchia because of important business in the district, on the motion of Representative Howard. Excuse Representatives Hilderbran and Chisum because of important business, on the motion of Representative Brown. Please excuse Representative Giddings because of important business in the district, on the motion of Representative Dutton. Excuse Representative Hochberg because of important business in the district, on the motion of Representative Raymond. Is there objection? Chair hears none. So ordered. Following bills, first reading and referral.

THE CLERK: HB 35 by Alvarado. Referred to Ways & Means Relating to an increase in the cigarette tax, to the use of revenue from the tax, and to the enforcement of the tax. HB 36 by Guillen. Referred to Public Health Relating to reimbursement for health care services provided at certain times to persons enrolled in the Medicaid managed care program. HB 37 by Guillen. Referred to Human Services Caption:Relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities. HB 38 by Guillen. Referred to Public Education. Relating to the optional flexible school day program provided by school districts. HB 40 by Anderson, Charles "Doc". Referred to State Affairs. Relating to an interlocal contract between a governmental entity and a purchasing cooperative to purchase roofing materials or services. HB 41 by Simpson. Referred to Criminal Jurisprudence. Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties. HB 42 by Callegari. Referred to Natural Resources Relating to the operation, powers, and duties of certain water districts. HB 43 by Anderson, Charles "Doc". Referred to Economic & Small Business Development. Relating to election through secret ballot of a labor union as the exclusive bargaining representative. HB 44 by Dutton. Referred to Public Education. Relating to the consolidation of, or detachment and annexation of territory in, certain school districts and the board of trustees of those districts. HB 45 by Guillen. Referred to Public Education. Relating to allocation of state and federal funds for adult basic education. HB 47 by Bonnen. Referred to Judiciary & Civil Jurisprudence. Relating to a person's ability to read and write in English as a qualification for service as a petit juror. HB 48 by Weber. Referred to Public Education. Relating to the governance of home-rule school districts. HB 49 by Weber. Referred to Public Education. Relating to personal leave provided for a school district employee who is a victim of certain assaults. HB 50 by Weber. Referred to Public Education. Relating to a disciplinary proceeding for a professional employee of a school district based on the employee's use of physical force against a student. HB 51 by Weber. Referred to Public Education. Relating to the authority of school districts to suspend teachers without pay pending discharge. HB 52 by Weber. . Referred to Public Education. Relating to the right to a hearing before an independent hearing examiner of a public school teacher suspended without pay. HB 53 by Callegari. . Referred to State Affairs. Relating to the offense of coercing a person to have or seek an abortion and informed and voluntary consent for an abortion; providing penalties. HB 54 by Garza. Referred to Public Education. Relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities. HB 55 by McClendon. Referred to Corrections. Relating to increasing fiscal flexibility through the provision of state aid for certain juvenile justice alternative education programs that enter into certain revenue sharing agreements. HB 56 by Larson. Referred to Culture, Recreation & Tourism. Relating to the regulation of certain animals. HB 60 by Huberty. . Referred to Public Education. Relating to state control of teacher appraisal criteria, curriculum standards, and assessment instruments. HB 61 by Flynn. . Referred to Public Education. Relating to inclusion of a course on the United States Constitution in the curriculum requirements for public high school students. HB 62 by Flynn. . Referred to Public Education. Relating to the posting of the Ten Commandments in public school classrooms. HB 63 by Flynn. Referred to Public Education. Relating to a moratorium on administering assessment instruments to public school students under the public school accountability system. HB 64 by Coleman. . Referred to Appropriations. Relating to a county mental health services Medicaid waiver program. HB 65 by Howard, Donna. Referred to Redistricting. Relating to requirements for reapportionment of congressional districts. HJR 11 by Legler. . Referred to Insurance. Proposing a constitutional amendment relating to the use of the assets of certain associations established by the legislature of this state for the purpose of providing certain insurance coverage. HJR 12 by Howard, Donna. Referred to Redistricting. Proposing a constitutional amendment to establish certain principles and procedures for the drawing of congressional districts. SB 4 by Seliger. Referred to Redistricting. Relating to the composition of the congressional districts for the State of Texas. SB 8 by Shapiro. Referred to Public Education. Relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district.

REPRESENTATIVE JOE STRAUS: Please excuse Representative Driver because of important business in the district, on the motion of Representative Hancock. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Hunter. Members, you might want to listen up.

REPRESENTATIVE TODD HUNTER: All right. Mr. Speaker, members, I'm going to propose two calendar rules for SB 1 and SB 2 so that amendments are filed by 5:00 p.m. tomorrow, because we will be taking these bills up on Thursday. So I'm going to move to suspend all necessary rules that pursuant to House Rule 3 Section 52 and House Rule 6, Section 16F, that the following rule govern floor consideration of the committee substitute for SB 1: All original amendments of the committee substitute for SB 1 that will be offered during second reading and consideration must be filed with the Chief Clerk not later than 5:00 p.m. Wednesday, June 8th, 2011.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. This is a record vote. The clerk will ring the bell. All voted? Being 140 ayes and 0 nays, the motion is adopted. Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I move to suspend all necessary rules pursuant to House Rule 3, Section 52, and House Rule 6, Section 16F that the following rule govern floor consideration of committee substitute for Senate Bill 2: All original amendments to committee substitute Senate Bill 2 that will be offered during second reading for consideration must be filed to the Chief Clerk no later than 5:00 p.m. Wednesday, June 8th, 2011.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. This is a record vote. The clerk will ring the bell. There being 141 ayes and 0 nays, the motion is adopted. Chair recognizes Representative Darby for a motion.

REPRESENTATIVE DREW DARBY: Thank you, Mr. Speaker. Members, I move to suspend all --

REPRESENTATIVE JOE STRAUS: I'm sorry, members, this is a memorial resolution. Please take your seats. Chair recognizes Representative Darby.

REPRESENTATIVE JOE DESHOTEL: Members, I move to suspend all necessary rules to take up and consider House Resolution 41.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out the following resolution:

THE CLERK: HR 41 by Darby. Whereas a full and generous life drew to a close with the passing of Mary Ruth Duke Loika of Austin on June 1st, 2011, at the age of 86 and Whereas, a daughter of Nan and William Duke the former Mary Duke was born on February 14th, 1925 in the community of Bethel. She graduated from Ballinger School where she was on the basketball pennants and volleyball team and she earned her bachelor's degree from Hardin Simmons University. She went on to have a rewarding career in elementary education that spanned thirty-four years, and included ten years in San Anglo, Ballinger, Rowena and Zapata. And Whereas Mrs. Loika enjoyed more than four decades of marriage, Eugene Julian "E.J." Loika before his passing. They were both talented musicians and they led an orchestra that toured the German and Czech dance-halls of west Texas, with her on stand up base and him on clarinet. Mrs. Loika was also a skilled pianist, and she shared his her talents with the Bethel and Ballinger Baptist churches. And above all else, Mrs. Loika was devoted to her family, the mother of four children; Jeanie, John, Grace and Betty. She was further blessed with six grandchildren. Each year her loved ones looked forward with great anticipation to her annual Christmas Eve party, which featured homemade chili, tamales and eggnog, musical entertainment and a visit from Santa Claus. And. Whereas, those fortunate enough to have known Mary Loika will remember the way she touched their lives with her warmth and generosity, and she will forever hold a treasured place in their hearts. Now therefore be it Resolved, that the House of Representatives of the 82nd Texas Legislature First Called Session hereby pay tribute to the life of Mary Ruth Duke Loika and extend deepest sympathies to the members of her family, to her children, Jeannie Coffee, John Loika and his wife Liz; Grace Kelly and her husband David; Betty Rice and her husband Ralph. To her grandchildren, Beth, Grace, Sophie, Nancy Gail, Julia and Trevor, and to her other relatives and many friends. And be it further Resolved, that an official copy of this resolution be prepared for her family, and that when the Texas House of Representatives adjourns this day it do so in memory of Mary Ruth Duke Loika.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Darby.

REPRESENTATIVE DREW DARBY: Thank you members. You all know Trevor, Trevor Rice is one of our favorite sergeants and, of course, this is his grandmother. And Ms. Loika has taught in San Angelo, wonderful lady, one of her children, Jeannie Coffee, a close friend of mine. Just wanted to celebrate her life and -- and in return, honor Trevor today with this memorial resolution. So, with that, I move adoption.

REPRESENTATIVE JOE STRAUS: Members, this is a memorial resolution. All those in favor, please rise. The resolution is unanimously adopted. Representative Darby moves to add all members' names. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Solomons for a motion.

REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker and members. I request permission for the Committee on Redistricting to meet while the House is in session at 9:00 a.m. The date would be Thursday, June 9th, the place would be E1.030, to consider SB 4.

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 Redistricting will meet at 9:00 a.m. on Thursday, June 9th, 2011, at E1.030. This will be a formal meeting to consider SB 4. Chair recognizes Representative Solomons.

REPRESENTATIVE BURT SOLOMONS: Mr. Speaker, member. When in doubt, always read it again to make sure you're right. All right. This is for the Redistricting Committee. I request for the Committee on Redistricting to meet while the House is in session at 9:00 a.m. on Thursday, June 9th, place would be E1.030 to consider SB 4. Thank you.

REPRESENTATIVE JOE STRAUS: Following announcement, the clerk will read the announcement.

THE CLERK: The Committee on Redistricting will meet at 9:00 a.m. while the House is in session Thursday, June 9th, 2011, at E10.030. This will be a formal meeting to consider SB 4. Chair recognizes Representative Harper-Brown for an announcement. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Mr. Speaker, members, I just wanted to announce that we're going to do our bible study today at 11:30 at Roaring Fork. So I want to be sure that you caught that now. We're going to try to do it today at 11:30, but it's not the Austin Club, it's going to be at Roaring Fork. And everybody is invited. Please excuse Representative Burnam because of a death in the family, on the motion of Representative Howard. Is there objection? Chair hears none. So ordered. The following announcement the clerk will read the announcement.

THE CLERK: The Committee on Public Education will meet upon adjournment, June 7th, 2011, in the House chamber at Desk No. 56. This will be formal meeting to consider SB 6.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hamilton.

REPRESENTATIVE MIKE HAMILTON: Hey, members, could I have your attention real quickly? We have a young lady here that's been taking care of us all session long, and today is her last day. And she is going to go to China for two months to learn how to protect me and make sure none of y'all mess with me anymore. So for all of you all, we want to give you a good hand and thank you very much for being a great reading clerk, doing a great jobe and putting up with all of us. Y'all be sure and come by and say hello to her -- Bye.

REPRESENTATIVE JOE STRAUS: Members, in the back a lot of chamber I see the former Dean of the House, Representative Moreno. Welcome back. Members, are there any more announcements? If not, the House will stand adjourned until 1:00 p.m. tomorrow.

(The House stands adjourned.)