House Transcript, February 3, 2011

REPRESENTAIVE STRAUS: House will come to order, members please register. Have all registered? The quorum is present. The House and gallery please rise for the invocation. The Chair recognizes Representative Chisum for our invocation.

REPRESENTATIVE CHISUM: Members, I bring you a prayer this morning from the chaplain of the United States Senate, so these words are not necessarily mine, but I agree with them all. Lord God in Heaven, we -- you have lavished on us Your grace on this land and in this state. Keep us aware that the good things we enjoy have come from you. And that you have lent them to us. And press upon our smugness the knowledge that we are not owners but stewards. Remind us lest we become conceited in this day and reckon that we will be unique in us. Sanctify our love for country and state that are boasting to be turned to humility and our pride into ministry for people everywhere. Help us make this God's own state and country by living like God ourselves. In the name of Jesus we ask these things, amen.

REPRESENTATIVE STRAUS: Chair recognizes Representative Sarah Davis to lead us in the pledge of allegiance.

REPRESENTATIVE SARAH DAVIS: Thank you, Mr. Speaker and members and guests. Please join me in reciting the pledge of allegiance to our flags. (Pledges to flags.)

REPRESENTATIVE STRAUS: Chair will hear excuses for absent members. Chair will excuse Representative Naomi Gonzales because of important business in the district on the motion of Representative Miles. Excuse Representative Anchia because of important business in the district on the motion of Representative Strama. Excuse Representatives Johnson and Susan King, important business in the district on the motion of Representative Driver. Excuse Representative Pitts because of important business in the district on the motion of Representative Lewis. Excuse Representative Naishtat because of important business in the district on the motion of Representative Miles. Is there objection? Chair hears none, so ordered. Chair recognizes Representative Smith to introduce our doctors of the day.

REPRESENTATIVE W. SMITH: Thank you, Mr. Speaker, members. It's with particular pleasure that I introduce these two doctors to you today. In fact, since it's a very cold day, we've got two doctors so you can just line up in double lines to get the Mt. Cedar taken care of. But the reason it's a particular pleasure is Dr. Claire Hawkins, who is with us today, is a former neighbor and friend down the street who I -- actually worked in my campaign some, so I'm particularly glad for him to be here today. He is director of the San Jacinto Methodist Hospital Family Practice residency program, chairperson of the San Jacinto Methodist Family Medicine Education Foundation, originally came from Canada. But he's like a lot of us, got here as quickly as he could. Got to Texas as quickly as he could. He's had numerous academy appointments including his current role as clinical associate professor at the Department of Family and Community Medicine at Baylor College of Medicine and he serves in several professional organizations. The other doctor of the day we have is Dr. Ari Simbaum (phonetic). He is an SMU graduate, he also lives in Bay Town. He is -- was a bilingual and is a English second language teacher in junior high at one time. Fluent in Spanish, English, French, Portuguese, and even reads Hebrew. Would you let -- welcome these two doctors of the day and on a cold day, you'll need them. Thank you. (Applause).

REPRESENTATIVE HARPER-BROWN: Chair recognizes Mr. Pickett for recognition.

REPRESENTATIVE PICKETT: Thank you, Madame Speaker. Members, could I have your attention for just a moment. This is an extremely important day, February 3rd, in the history of not only Texas but the world. We have a members (sic) whose birthday it is today. When this member was ten years old, President Kennedy banned all trade with Cuba. When this member became 12 years old, the Beetles "Meet the Beetles" album made No. 1. On this day when this member was seven years old, unfortunately, Buddy Holly died on this day. When this member turned 21 years old, on his 21st birthday President Nixon signed the Endangered Species act. Members help me wish a happy birthday to one of the newest members from El Paso, Dee Margo. (Applause.)

REPRESENTATIVE HARPER-BROWN: Chair recognizes Representative Beck for a resolution.

REPRESENTATIVE BECK: Thank you, Mr. Speaker. Mr. Speaker, I move to suspend all rules and take up and consider House Resolution 269 honoring former First Lady Nancy Reagan.

REPRESENTATIVE HARPER-BROWN: Members, you've heard the motion. Is there any objection? Hearing none, motion is adopted. Chair lays out HR269. Clerk will read the resolution.

CLERK: HR269 by Beck. Whereas, admirers across the country and around the world are celebrating the centennial of Ronald Reagan's birth on February 6th, 2011. And this occasion presents an ideal opportunity to honor his wife Nancy Reagan for her remarkable contributions as a first lady, role model and advocate research on Alzheimer's disease. And whereas, born in New York City on July 6th, 1921, the former Nancy Davis graduated from Smith College with a degree in drama and began her acting career on New York stages. Hollywood beckoned, and she appeared in 11 movies including the East Side, West Side and Shadow on the Wall. On March 4th, 1952, she married Ronald Reagan, and they starred together in Hell Cats movie. They became the parents of two children, Patricia and Ronald, and Mrs. Reagan devoted herself to caring for her family and supporting her husband as one of his most trusted political advisers. And whereas, Ms. Reagan worked with numerous charitable groups during her husband's tenure as governor of California from 1967 to 1975, she spent countless hours visiting veterans, the elderly and the disabled and she gave even more generously of her time and talents as First Lady of the United States, a tireless supporter of the foster grandparent program, she also took up the issue of drug and alcohol abuse among young people and raised awareness through the "Just Say No" campaign. She traveled extensively to speak about those causes. Moreover, she spoke about the arts, and young performers through the public television series in the performance (inaudible) the White House, her efforts won the hearts of her fellow Americans and she was consistently listed among the ten most admired women in the world and gallant pools in the 1980s. And whereas, after her husband left office, Mrs. Reagan established the Nancy Reagan Foundation to continue teaching youth about the dangers of substance abuse. Former President Reagan announced in 1994 that he had been diagnosed with Alzheimer's disease, and the next year the couple joined with the Alzheimer's Association to found the Ronald and Nancy Reagan Research Institute to accelerate the progress of research on this disease. In addition to serving as caregiver for her husband until his death, Mrs. Reagan has dedicated herself to advocacy. She has helped raised millions dollars for research and increase the level of knowledge (inaudible) misconceptions. And whereas, Nancy Reagan has inspired innumerable people through her philosophic endeavors and she has set a shining example to devotion and compassion and courage to which others may aspire. Now, therefore, be it resolved that the House of Representatives of the 82nd Texas Legislature hereby commend Nancy Reagan for her exceptional contributions to the citizens of this nation on the occasion of the centennial on Ronald Reagan's birth and extend her sincere best wishes for the future.

REPRESENTATIVE HARPER-BROWN: Chair recognizes Ms. Beck for a motion.

REPRESENTATIVE BECK: I'll move adoption. REPRESENTATIVE HARPER-BROWN: Members, you've heard the motion. Is there any objection? Hearing none, motion is adopted. Chair recognizes Mr. Berman -- Mr. Berman moves to add all members' names. Is there any objection? Hearing none, motion is adopted. Chair recognizes Ms. Beck.

REPRESENTATIVE BECK: Ms. Speaker, members, we Republicans of the Texas House ask you to join us in this special anniversary of President Ronald Reagan's birth by thanking his wife, former First Lady Nancy Reagan for her years of service to our nation but especially for the love, care and compassion she gave to President Reagan as he battled Alzheimer's during the last ten years of his life. It was President Reagan's daughter Maureen who said, There is a special place in heaven for caregivers. For ten years Nancy Reagan was there 24 hours a day. She woke up to face the ravages of this disease every morning and went to sleep with it every night, only to do battle with it all over again the next day. It was President Reagan himself who wrote that The family often bears a heavy burden. I only wish there was some way I could spare Nancy from this painful experience. When the time comes, I am confident that with your help she will face it with faith and courage. If President Reagan were here told we could tell him that Nancy Reagan faced this burden with grace, dignity and courage. It is only fitting that we say thank you to Nancy Reagan on this centennial celebration of President Reagan's birth and let us use this day to remind families who are or will walk this same path that you are not alone. And with that courage and strength you can face the challenges of this dreaded disease. So thank you to Nancy Reagan for the love and compassion you gave to President Reagan and for setting a shining example for others when they must walk this path as you did until we can one day find a cure. Mr. Speaker, I move passage. (Applause).

REPRESENTATIVE HARPER-BROWN: Madame Doorkeeper.

MADAME DOORKEEPER: Madame Speaker, I have a messenger from the Senate at the door of the house.

REPRESENTATIVE HARPER-BROWN: Please admit the messenger.

MESSENGER: Madame Speaker, I'm directed by the Senate to inform the House of the Senate.

REPRESENTATIVE HARPER-BROWN: Thank you. Mr. Eissler. Chair recognizes Mr. Eissler for a motion.

REPRESENTATIVE EISSLER: Yes, Madame Speaker, I'd like to move to suspend all necessary rules to take up and consider House Resolution 289.

REPRESENTATIVE HARPER-BROWN: Members, you've heard the motion. Is there any objection? Hearing none, rules are suspended. Chair lays out HR289. Clerk will read the resolution.

CLERK: HR289 by Eissler. Whereas, members of the Texas PTA are gathering in Austin on February 3rd, 2011, for Texas PTA Rally Day at the Capitol. And whereas, Texas PTAs and noncommercial, nonpartisan organization that promotes the welfare of the state's young people. Members are dedicated to securing strong laws for the care and production of children and youth, encouraging cooperation among parents and teachers and among united educators in the general public to ensure the higher advantages in education. And whereas, the group's 2011 legislative priorities include pursuing an adequate and equitable solution for school funding, strengthening penalties for cyber bullying and supporting programs to fight obesity. And whereas, under the skilled leadership of President Sharon Globat, the more than 500,000 member of the Texas PTA continue to demonstrate a steadfast commitment to public education and to ensuring that each child has the opportunity to reach his or her full potential. The organization plays an important role in advocating for Texas children. And this special day provides an opportunity to commend PTA members for the dedication to such worthy goals. Now, therefore be it resolved that the House of Representatives of the 82nd Texas Legislature hereby recognize February 3rd, 2011, as Texas PTA Rally Day at the State Capitol and extend a warm welcome to the PTA members who are present on this day. And be it further resolved that an official copy of this resolution be prepared for the Texas PTA as an expression of higher regard by the Texas House of Representatives.

REPRESENTATIVE HARPER-BROWN: Chair recognizes Mr. Eissler.

REPRESENTATIVE EISSLER: Thank you, Madame Speaker. Texas PTA is a very long established organization that has done worlds of good for our kids, and we often look at what helps children succeed in school and we know that one of the biggest factors is parental involvement. Well, PTA takes parental involvement one step further, it partners with teachers to come up with an organization that can support our kids and our teachers which enables our education process to work most effectively. And today I'd like to salute the PTA and ask that all members' names be added to this resolution. REPRESENTATIVE HARPER-BROWN: Members, you've heard the motion, is there any objection? Chair hears none, resolution is adopted. Mr. Eissler moves to add all members' names. Is there any objection? Chair hears none, so ordered. Chair recognizes Ms. Button for a recognition.

REPRESENTATIVE BUTTON: Members, Speaker, I would like to inform everyone that today, February the 3rd, we are celebrating the lunar new year, also called the Chinese New Year, the year of the rabbit. It is the year 4,703 in the lunar calendar. People born in the year of the rabbit are gracious, kind, likable and lucky. We have many representatives in the House who are born in a year of the rabbit, so please pay attention. Representative Allen, Representative Deshotel, Representative Dukes, Hancock, Harless, Donna Howard, Jackson, Johnson, Armando Martinez, Todd Smith, Smithee, Beverly Woolley and Representative Karl Whitman. We are also very happy to have Dr. Madeline Chu and her entire class of the Asian studies at UT are in the balcony. Join us to celebrate. Please recognize them.

REPRESENTATIVE HARPER-BROWN: Mr. Eissler, for what purpose?

REPRESENTATIVE EISSLER: Will the lady yield for questions?

REPRESENTATIVE BUTTON: I yield.

REPRESENTATIVE HARPER-BROWN: The lady yields.

REPRESENTATIVE EISSLER: I'm sorry, we're very happy that it is the year of the rabbit. But we misunderstood. We thought you said it was the year of the hare.

REPRESENTATIVE BUTTON: Well, I'm sorry, you put me on a very awkward spot. I got plenty, so I never thought about that.

REPRESENTATIVE EISSLER: Thank you.

REPRESENTATIVE BUTTON: Representative Jim Jackson, can you help me out since you came from the Dallas area?

REPRESENTATIVE HARPER-BROWN: Chair recognizes Mr. Jackson.

REPRESENTATIVE JIM JACKSON: Angie, let me help you out. Well, as you know, the rabbits are full of energy and they are always bouncing around, so 2011 is going to be a year that we have to work very hard and then the economy will come bouncing back, Angie.

REPRESENTATIVE BUTTON: So, Members, happy lunar new year and let me introduce my buddy, Representative Hubert Vo.

REPRESENTATIVE HARPER-BROWN: Chair recognizes Mr. Vo.

REPRESENTATIVE VO: Thank you, Madame Chair. I just want to say that I'm very proud to be here today to celebrate the lunar new year with my colleague here on the floor. And, you know, traditionally today's the day that many Chinese and Vietnamese are taking off and traditionally they going to take off for the whole week. So Madame Chair, I'd like to make a motion that the House stand adjourned for the whole week. But anyway, this is the year of the rabbit for the Chinese. But for the Vietnamese it's the year of the cat. And after the 2010 year of the tiger, year of the cat should be a better year for everyone. So happy new year. (Speaking Chinese.)

REPRESENTATIVE BUTTON: And also that Chairman Larry Taylor, he just recently learned fluent -- to speak fluent Chinese so he's going to demonstrate to us. REPRESENTATIVE HARPER-BROWN: Chair recognizes Mr. Taylor.

MR. TAYLOR: (Speaking Chinese.)

REPRESENTATIVE BUTTON: Thank you.

REPRESENTATIVE HARPER-BROWN: Chair recognizes the signing of the following in the presence of the House.

CLERK: HCR44, HCR43, HCR45.

REPRESENTATIVE HARPER-BROWN: Chair recognizes Mr. Eissler for a motion.

REPRESENTATIVE EISSLER: Thank you, Madame Speaker. I'd like to suspend all necessary rules to take up and consider a resolution that will allow the Senate to leave for at least three days, and I'll entertain amendments.

REPRESENTATIVE HARPER-BROWN: Members, you've heard the motion, is there any objection? Chair hears none, rules are suspended. Chair lays out HCR12.

CLERK: HCR12 by Whitmire. Granting the legislature permission to adjourn for more than three days during the period beginning on February 2nd, 2011, and ending on February 7th, 2011.

REPRESENTATIVE HARPER-BROWN: Chair recognizes Mr. Eissler.

REPRESENTATIVE EISSLER: I move adoption.

REPRESENTATIVE HARPER-BROWN: Members, you've heard the motion. This is a record vote. You will have plenty of time to vote. Clerk will ring the bell. Show Mr. Hardcastle voting aye; show Mr. Pena voting aye; show Mr. Hancock voting aye. Members, remember this motion is on the Senate going out for more than three days. Have all members voted? Have all members voted? There being 141 ayes, zero nays and two present not voting, the resolution is adopted. Members, if you have any announcements, please bring them down front. Chair recognizes Mr. Lucio.

REPRESENTATIVE LUCIO: Thank you, Madame Speaker, members, I'd like to take a moment to recognize a very special group from my district here with us in the gallery. The Brownsville Cowboys, a football team from Brownsville, will be traveling to Dallas for the Super Bowl Sunday to score some touchdowns of their own. I'd like to have them stand at this time and be recognized. (Applause).

REPRESENTATIVE LUCIO: They are only one of 12 team members selected from thousands of youth football teams in our nation to take part in the Snoop Dog and Deon Sanders True Football League. They'll be playing against a team from Fort Worth. So, Kelly, if you want to make any wagers, let me know. The team is led by head coach Sammy Lucio and Alex Lucio. You probably recognize those names. They're cousins of mine. With them is Tony Savera, another cousin of mine, I have a big family, members, who is the youth lead supervisor for the city of Brownsville. I'd like to recognize all the parents who are accompanying them as well. Parents, thank you for your involvement in your children's lives. So I'd like to wish all of them the best of luck. Have a safe trip. I know it's cold. Enjoy your time in Dallas. Stay warm, and enjoy the Super Bowl. Best of luck. Thank you, Members.

REPRESENTATIVE HARPER-BROWN: Chair recognizes Ms. McClendon for an announcement.

REPRESENTATIVE MCLENDON: Thank you, Madame Speaker, members. I just want to remind you that on E2 there is a first of its kind Texas Youth Commission art show and the exhibit is -- features art work and trade crafts created by over 30 students from TYC secured facilities, the halfway houses and the contract care programs. So we ask you to visit the exhibits and just learn how art and creative expression contribute to the rehabilitation of our state's most chronic delinquent juvenile offenders that are committed to TYC. So I urge you to just stop by and visit the exhibit. Thank you.

REPRESENTATIVE HARPER-BROWN: Members, are there any further announcements? If not, Mr. Turner moves that the House stand adjourned until 1:00 p.m. Monday, February 7th in memory of W. Wade Porter of Austin. A well represented Austin lawyer and loving husband and father who passed away on Tuesday. House stands adjourned.