House Transcript, January 31, 2011

THE SPEAKER: The house will come to order members please register. We have all registered. The quorum is present. The House and gallery will please rise for the invocation. The Chair recognizes Representative Gallego to introduce the pastor of the day.

REP. GALLEGO: Thank you, Mr. Speaker and members. It is my pleasure to introduce Pastor Martin Seca from the Living Stone Worship Center in Del Rio, Texas. He is accompanied today by his wife, Sandra, his daughter, Lauren Estevez, (unintelligible), his granddaughter of 14 months, his brother, Angel Seca, his wife Jessica and three boys, Elija, Joshua and Jalal. And other members of the congragtion are here as well, Oscar Obregon, Jeremy (unintelligible), Marilu Vargus. So let me introduce from Living Stone Worship Center in Del Rio, Texas, which is the cornerstone of the district I represent, Pastor Martin Seca.

PASTOR SECA: Let us pray. Heavenly father, our creator and provider and sustainer, it is to you, our refuge, strength, the one God who is known by many names, to you, God, we give thanks for this day, a day in which we have another opportunity to manifest your divine essence upon this earth. You have given us another opportunity to demonstrate your love for us in how we treat one another. And so on this day, I lift Governor Rick Perry and the members and staff of the Texas Congressional House of Representatives to you. I pray your divine wisdom and guidance will consume them so they will understand the individuals, families and, yes, this grand state that has and even still continues to influence this, your great nation that will be in impact by their decisions today. I ask you to bestow upon the leadership that you have selected and ordained to lead us. Pour on them your divine knowledge, your divine wisdom and your divine understanding. I ask you to teach them and teach all of us to seek you, to do justice, to love kindness and to walk humbly with you, our God. In the name of Jesus, I pray. Amen.

THE SPEAKER: The chair recognize Mr. Lavender for the Pledge of Alleigence.

(The Pledge of Alleigence was recited.)

THE SPEAKER: The chair will now hear excuses for absent members. Excuse Representative Aliseda because of important business on a motion by Representative Hunter. Excuse Representative Hernandez-Luna for important business on a motion by Representative Strama. Excuse Representative Huberty becauseof important business in his distric ona motion by Representative Schwertner. Excuse Representative Allen and Anchia because of illness on a motion of Representative Strama. Is there an objection? The Chair hears none. It is ordered.

The chair recognizes Representative Weber to introduce our doctor of the day.

REP. WEBER: Thank you, Mr. Speaker. Members, it is my pleasure to introduce to you this morning Dr. Gregory Johnson. He's from particular Manvel in my districe. Dr. Johnson graduated from the University of Texas Health Science Center in 1999 and then completed his residency in New Orleans in the 2003. Dr. Johnson quickly distinguished himself both as a leader and an innovator among the medical professionalists. He returned to Texas to work as the lead hospitalist at a medical group in Tyler, Texas from 2003 to 2007. If Leo Berman is here, that would be his district, Tyler. And then worked to introduce hospitalist medicine to Amarillo and the surrounding areas from 2007 to 2010. Currently, Dr. Johnson is a medical directer at Memorial Hermann Hospital and chief medical officer for Sound Physicians central and southeast regions. He has held leadership positions in the Texas Medical Association since his days as a medical student. Currently, he serves as a member of the Leadership College Committee, Committee on Membership and the Young Physicians section of the Executive Committee. He also currently holds leadership positions with the Society of Hospital Medicine, Texas Academy of Family Physicians, the Harris County Academy of Family Physicians, the Black Allumni at the Dartmouth Association and the the University of Texas Medical School and many more going back to the beginning of his career. He has been honored by the Texas Medical Association, the Society of Hospital Medicine and the American Academy of Medicine among many, many others. I could go on and on and on, but perhaps his greatest accomplishment the husband to Lashan Renee and the father to Garrison and Dominick. And with all of these credentials, Doctor, how do you have time to practice medicine? Ladies and gentlemen, please welcome Dr. Gregory Johnson.

(applause).

THE SPEAKER: The chair recognizes Representative Orr.

REPRESENTATIVE ORR: I'd like to suspend all rules to take up House Resolution 41.

UNIDENTIFIED SPEAKER: Members, you've heard the motion. Any objection? Chair hears none, rules are suspended. Chair lays out HC41. Clerk will read the resolution. The Clerk will read the resolution in full.

CLERK: HCR41 by Orr. Whereas proud citizens of Bosque County are gathering in Austin to celebrate Bosque County Day at the State Capitol on January 31st, 2011; and whereas located in central Texas 40 miles north of Waco, the County consists of both flat grassland and lime-stoned hills with its namesake, the Bosque River, running north and south through the center region. The first settlers arrived in 1849 and the town of Clifton soon formed on the banks of the river. The County was organized in 1854 with the town of Meridian founded to service the county's feet, and that same decade Norwegian immigrants moved to the area. And whereas residents made their living off the fertile land, ranching, growing cotton, wheat, and oat; and agricultural remains an important part of the county's economy today. In addition, it is supported by a variety of small industries and tourism. And whereas this city and residents alike enjoy the fine opportunities for fishing, swimming, camping, and boating at Lake Whitney and City Meridian State Park and Bosque Valley Golf Club is considered one of the best nine-hole courses in the state. Moreover, people are drawn to shopping in Clifton, a Texas namesake city where three antique malls feature more than 100 dealers. And whereas Clifton also both active in arts communities, the Bosque Arts Center is a vibrant cultural resource that hosts classes and workshops and includes a permanent collection. While the Bosque Museum is home to the largest selection of Norwegian artifacts in the south and southwest. The Meridian on the other hand, is known for its invitation-only National Championship Barbecue Cook-Off. The County Scandinavian heritage is celebrated annually with the Norwegian Smorgasbord in the north historical district and with the Norwegian County Christmas and Lutefisk Dinner. Whereas the rich history and world charm of Bosque County make it one of the treasures of the loan star state and its residents indeed take great pride in their contributions to the story of Texas. Now, therefore be it resolved that the 82nd legislature of the state of Texas hereby recognize January 31, 2011, as Bosque County Day at the State Capitol and extend to the visiting delegations sincere best wishes for a meaningful and memorable stay in Austin.

REPRESENTATIVE RIDDLE: Chair recognizes Representative Orr.

REPRESENTATIVE ORR: Move adoption --

REPRESENTATIVE RIDDLE: Members, you've heard the motion. Any objections? Chair hears none, resolution's adopted. Chair recognizes Mr. Orr.

REPRESENTATIVE ORR: Members, it's a great day, here, I have Bosque County. One of the most beautiful counties in the state of Texas here today. I'd like for you to help me welcome some of the guests that are up on the dais. I have the director of Bosque County Museum in Clifton, George Larson -- George, raise your hand. George. I also have art gallery owner, Ollie Edinger. Judy Blue, who is given much of her time and talent and good fortune to the Bosque County art. Also I have co-owners of the longest continually operating movie theater in Texas, Ms. Michelle Slaughter and Mrs. Phyllis Gamble. Raise your hand. Members, I also have in the gallery a lot of special guest. If you're from Bosque County -- before you stand up, hold on just a second. I've got some special guests up there as well. I have County Judge Cole Word -- Judge. I also have the Mayor of Clifton, Fred Volcansek. Fred, where are you? Thank you for being here; and I also have the County Chair Republican Party, Tom Blanchard. Thank you -- y'all for being here very much. Members one other thing I'd like to tell you is this evening -- now also in Bosque County we have a city in -- called Clifton and they have been just recognized as one of five cities which is in Texas called a model of using art of economic development in their community. Tonight they're going to have a reception honoring Clifton and you're all invited. It's at 6:00 o'clock at the Valet Austin. It's complimentary parking, and I hope you will all come and enjoy the fruits of all the labor of Clifton, Texas. Thank you very much.

REPRESENTATIVE RIDDLE: Chair Representative Hunter -- Todd Hunter for an announcement.

REPRESENTATIVE HUNTER: Madam Speaker, members, for clarification, tomorrow, Representative Hartnett, who's the appointed master of discovery, will be holding his hearing on the election contest; and I need to clarify that it's not the election -- special election committee, it is the master of discovery. Starts at 8:00 o'clock a.m. in the morning in room 140 of the Reagan Building.

REPRESENTATIVE RIDDLE: Chair recognizes Representative Landtroop for a recognition.

REPRESENTATIVE LANDTROOP: Thank you, Madam Speaker, and members. We have with us today a group from Floydada Junior High School in Floydada, Texas. They traveled over 400 miles to come learn and more about the government and history of this great state. They're located in the northeast gallery. If they will stand up, please. This group consists of students Calvin Sego, Rebecca Hall, Brook Galvin, and John Quortenes. Principal Mac Sherman, and teachers Melva Dorman and Penny Duseke. Thank you so much for being here. I hope y'all have a great trip. Thank you.

REPRESENTATIVE RIDDLE: Chair recognizes Representative Donna Howard for a resolution.

REPRESENTATIVE DONNA HOWARD: Thank you Madam speaker, members. I move to suspend all necessary rules to take up and consider HR225.

REPRESENTATIVE RIDDLE: Members, you've heard the motion. Any objection? Chair hears none, so ordered. Chair lays out HR225. The clerk will read the resolution.

CLERK: HR225 by Howard of Travis. Welcoming members of the Sports Medicine Program of Vandergrift High School in Leander ISD to the Capitol.

REPRESENTATIVE RIDDLE: Chair recognizes Representative Howard.

REPRESENTATIVE DONNA HOWARD: Thank you, Madam Speaker, members. I am very pleased today to welcome students from Vandergrift High School Sports Medicine Program sitting up there in the gallery. They're joined today by their principal, Charlie Little; Athletics Coordinator, Drew Sanders; Assistance Athletic Trainer, Cody Bowling. There's about 14 freshman and sophomores who are with us today. This is a great program. It helps the students stay connected in school. Gives them valuable learning experiences in team work. Get some great anatomy and physiology at the same time. So, welcome to your House. We're glad to have you here. Move adoption.

REPRESENTATIVE RIDDLE: Members, you've heard the motion. Any objection? Chair hears none, the resolution is adopted. Chair recognizes Representative Naishtat for a motion.

REPRESENTATIVE NAISHTAT: Members, I move we suspend all necessary rules to take up HCR36 honoring the Texas Silver-Haired Legislature.

UNIDENTIFIED SPEAKER: Members you've heard the motion. Any objection? Chair hears none. Rules are suspended. Chair lays out HCR36. Clerk will read the resolution in full.

CLERK: HCR36 by Naishtat. Commemorating the 25th anniversary of the establishment of the Texas Silver-Haired Legislature.

REPRESENTATIVE RIDDLE: Members, you've heard the motion. Chair recognizes Representative Naishtat.

REPRESENTATIVE NAISHTAT: I move adoption.

REPRESENTATIVE RIDDLE: Is that it? He did. I think he did.

REPRESENTATIVE NAISHTAT: Move adoption.

REPRESENTATIVE RIDDLE: Members, you've heard the motion. Any objections? Hearing none, resolution's adopted. Representative Legler moves to add all representatives' names. Any objection? Chair hears none, adopted. Chair recognizes Representative Torres for a recognition.

REPRESENTATIVE TORRES: Members, I have a reading that I would like the clerk to read for you, for a very special middle school from my district in Corpus Christi, Texas.

REPRESENTATIVE RIDDLE: Chair recognizes the reading clerk to read the resolution.

CLERK: Whereas Marvin Baker Middle School in Corpus Christi has been named a 2010 Blue Ribbon School, the highest national designation a school can receive; and whereas the Blue Ribbon's school program was created by the U.S. Department of Education in 1982. To qualify for nominations schools must demonstrate academic superiority within their state or show dramatic gains in student performance. In 2010 only 25 Blue Ribbon honorees were selected from more than 8,000 public schools and charter campuses across the lone star state. And whereas part of the Corpus Christi Independent School District, Marvin Baker Middle School is ably guided by Darla Reid, a 2010 finalist of the HEB Excellence and Education Principal Award. The campus is an Urban Title 1 School, and served as the area student population as well as the district's gifted and talented peoples in the 6th to 8th grade. Since 2005 the school's TAKS results has shown a remarkable improvement. Mathematical scores are up by 19 percent, reading scores have increased by 10 percent, social studies scores have improved by 20 percent, and writing scores has risen by 9 percent; and whereas Marvin Baker Middle School students are succeeding not only in the classroom but also in extra curricular activities. They were state champions in the Texas Quiz Show in 2008 and came in first place in the Designation Denomination Problem Solving Competition in 2010. In addition to school made a second place finish in 2010 National History Day State Contest and had another runner-up finish among the Nueces County and math count team. The band, choir, and orchestra consistently get superior ratings at University Interscholastic League events. While the theater and visual arts students have won numerous individual awards; and the football, basketball, and volleyball teams have each produced at least one city champion in the past three years. And whereas through hard work and enduring commitment to excellence the business students of Marvin Baker Middle School have built a notable record of achievement and now its standing efforts have been duly recognized with the Blue Ribbon School Award. Now, therefore be it resolved that the Marvin Baker Middle School be congratulated on its designation of the 2010 Blue Ribbon Award School and that all those involved in the school be extended sincere best wishes and continued success.

REPRESENTATIVE RITTER: The chair recognizes Mr. Torres for a recognition.

REPRESENTATIVE RAUL TORRES: Mr. Speaker, members, I want to take a moment to tell you about a very special group of people that are visiting us here this morning. They are from the middle school from where my district lies of which I graduated from 41 years ago. Marvin Baker Middle School. We want to recognize them for their esteemed achievement as the Blue Ribbon School. The highest national designation a school can achieve. The Blue Ribbon School's Program was created by the U.S. Department of Education in 1982; and to qualify for nominations, schools must demonstrate their academic superiority within their state and show dramatic gains in student performance. In 2010 only 25 Blue Ribbon honorees were selected from more than 8,000 public schools and charter campuses across the lone star state. Marvin Baker Middle School of the Corpus Christi Independent School District is guided by Darla Reid, a 2010 finalist for the HEB Excellence in Education Principal Award. Since 2005 the school's TAKS results have shown remarkable improvement, mathematical scores are up, reading scores have increased, social securities have improved -- I mean, social studies have improved by 20 percent, and writing scores has risen by 9 percent. Because of their hard work and the students that they encourage, and enduring commitment to excellence the students and teachers of the Marvin Baker Middle School have built a notable record of achievement. Will you join me in congratulating them and welcoming them to the Texas House. Will you please stand up from Marvin Baker Middle School.

(Applause.)

Right there on the east side is Mona Devoe; Todd Moulder; Marlo Bazan; Darla Reid, the Principal; Sissy Smith; Debbie Seger; and the Superintendent, Scott Ellis is busy at another conference at this moment speaking and was not able to attend, but thank you again everybody.

(Applause.)

REPRESENTATIVE RITTER: Chair recognizes Mrs. Farrar for a resolution.

REPRESENTATIVE FARRAR: Mr. Speaker, members, I move to suspend all necessary rules to take up HR151.

REPRESENTATIVE RITTER: Members, you heard the motion for HR151. Any objections? Chair hears none, so ordered. Chair lays out HR151. Clerk will read the resolution.

CLERK: HR151 by Farrar. Congratulating Sarah L. Hirsch on being named director of party administration of the Harris County Democratic Party.

REPRESENTATIVE RITTER: Chair recognizes Mrs. Farrar.

REPRESENTATIVE FARRAR: Move passage.

REPRESENTATIVE RITTER: Members, you heard the motion. Any objection? Chair hears none. Resolution's adopted. Chair recognizes Representative Mrs. Alvarado.

REPRESENTATIVE ALVARADO: Thank you, colleagues, I'd like to recognize some members of my staff. Yesterday, my entire staff and I ran our first marathon in the Houston Cheveron half marathon. I'm really pound of them. They did a great job, and I'd like to just give them a round of applause for their efforts and their training.

(Applause.)

REPRESENTATIVE ALVARADO: And also joining us was Space Center Rodney Ellis, he huffed and puffed across the finish line, but he made it. And also members of his staff. So, thank you. Congratulations. Job well done. Thanks.

REPRESENTATIVE RITTER: Members, if you have any announcements, please bring them down up front. Please excuse Representative John Davis because of business in district motion by Representative Hancock. Is there any objection? Chair hears none. Chair recognizes Representative Farrar for an announcement.

REPRESENTATIVE FARRAR: Mr. Speaker, members, just to let you know we will -- the House Democratic Caucus will be having a selections upon adjournment in the Old Supreme Court Room.

REPRESENTATIVE RITTER: Representative -- recognize Representative Lucio for an announcement.

REPRESENTATIVE LUCIO: Thank you, Mr. Speaker, members. For those of you who used to join us last session, we're going to play basketball tomorrow as our first wellness caucus event at 6:00 o'clock. I'm also going to try to have a few other activities for members who'd like to join us at Gregory Gym tomorrow at 6:00 o'clock. So, if anyone's paying attention, I would love to see you at 6:00. It is tomorrow a.m. and in response to Representative Hamilton's question, no you do not have to wear Spandex to play. Thank you.

REPRESENTATIVE RITTER: Chair recognizes Representative Harper-Brown and Representative Quintanilla for a recognition.

REPRESENTATIVE LUCIO: Members, if I could have your attention, please. I believe that some of you, as well as Chente and I, have several students here today actually demonstrating their IT programs on the ground floor. The Texas Capitol Schoolhouse Program -- and there evidently was a little bit of a mixup. We thought that they were going to be here in the gallery, but they're not. So, we want to be sure and recognize them for their hard work and the fact that they are here demonstrating the various IT programs throughout the school district, in the rotunda; and hopefully, you will be able to get down there and visit these children and see all the amazing work that they're doing within our schools. The schools that are in my district that are here today are Haroldson Farmer Branch and the Irving ISD; and as I said, I know there are students here from Coppell and I believe many other schools to demonstrate these various projects. So, I want to say hello and congratulations and thank you to those students within my district for coming to the Capitol and demonstrating these valuable programs.

REPRESENTATIVE QUINTANILLA: And I want to add to that, you know, because it's our kids coming from El Paso (inaudible) School in El Paso. And we also want to welcome them to the Capitol even though they might be performing somewhere out there, we were waiting for them. So thank you, and hopefully they will come around to our offices. Thank you, members.

REPRESENTATIVE RITTER: Members, the Speaker's desk is clear. Are there any other announcements? If not, Representative Martina Fischer, joined by the entire House, moves that the House stand adjourned until 10:00 a.m. tomorrow in memory of Representative Alonzo's brother, Victor Alonzo, of Dallas who passed away Saturday, January 29th.

(Adjourned.)