House Transcript, March 16, 2011

March 16, 2011. House of representatives part one.

JOE STRAUS: Have all registered? Quorum is present if the house and gallery will please rise for the invocation. Chair recognizes Representative Orr to introduce our pastor of the day.

REPRESENTATIVE ROB ORR: Thank you, Mr. Speaker, members. I am honored to have Dr. John Hall, pastor of Field Street Baptist Church in Cleburne, Texas as pastor of the day. Cleburne is our county seat in Johnson County. Field street is a leader in our community as well as Dr. Hall. Dr. Hall has been pastor of Field Street Baptist Church since May of 2003. He received his doctorate of ministry degree and preaching in church growth from Abilene Christian University and his masters of arts degree from Harden-Simmons University. In addition to his duties at Field Street Baptist Church Dr. Hall serves as advent instructor in the preaching department at Southwestern Baptist Theological Seminary. Joining him on the House floor today is his wife Elizabeth and their three daughters, *Maylee, *Kyly and Julie. They're all very beautiful young girls. They are up here with us on the dais today. I want to thank you for sharing your spring break with the Texas House of Representatives and members and guest, please, welcome Dr. John Hall.

PASTOR JOHN HALL: Thank you for the privilege to pray on your behalf this morning. Would you join me in bowing your heads as we go to the lord. Our father heaven, thy sacred word reveals to us that the majesty of your name fills the earth. Your glory is higher than the heavens. You are our rock, our strength, our fortress, our savior. When you see the shadow sides of our hearts, how is it that you are mindful of us? How is it that you care so deeply for us, as so marvelously demonstrated by the gift and sacrificial death of your son Jesus Christ? In your sovereignty goodness and grace you put us in charge of everything you have created. Granting us authority over all things. You have entrusted us with much. Forgive us of our many, many sins and look instead through the eyes of your unfailing love for you are merciful, oh God. Thank you father for each person you have divinely appointed to serve as a representative of the people of Texas. Their job is hard. Often thankless and constantly second guessed. We acknowledge that these modern days are complex times. The people of our state, nation, and local communities are worried, anxious, and fearful of the future. Rarely before has our state and nation had to stare in the face of such multifaceted issues, issues which bring us to our knees because we are struggling to identify workable solutions to complicated problems. Decisions made here in Austin will impact numerous lives and livelihoods. We humbly can see that this is a desperate hour and we need your guidance now more than ever. Oh God, thank you that you're true and trustworthy word tell us to pray about everything and not to worry. You invite us to cast all our cares upon you because you care about what happens to us. Thus here we are again Lord at the beginning of this day and legislative session making our earnest appeal to you for help. For your glory show these men and women the path to walk. Point out the right road to follow. Grant each a unique measure of skill and discernment and courage to work in unison with one another for the greater welfare of the people of this great state, Texas. We declare our utter dependence upon you and finally we ask you to bring revival and spiritual awakening to our land. What Texas ultimately needs, what America needs, and what our world needs is a fresh outpouring of your holy spirit resulting in genuine repentance from sin and returning to Christ in faith to save us from the consequence of sin. We know that only you can do what the law of man can never do and that is to change a persons heart. Use these men and women today to bring about your purposes as decreed in the kind intention of your will and it is in Jesus name we pray. Amen.

JOE STRAUS: Chair recognizes Representative Miller to lead us in the pledge.

REPRESENTATIVE SID MILLER: Mr. Speaker, members, and honored guests, please, join me as we honor our nation and our state. Pledge to the American flag. Pledge to the State flag.

JOE STRAUS: Representative Miller moves that the House dispense with the reading and referral of bills until the end of todays business. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Anderson to introduce our doctor of the day. CHARLES "DOC" ANDERSON: Mr. Speaker, members and guests, I want to introduce someone to you today as our doctor who is a gluten for punishment. This young man next me his name is Dr. Tony Anderson, no relation, Dr. Tony Anderson. But there is his fourth time to join us here in the House. He was with us in 1999, 2001, and 2009. He has a practice in Duncanville but lives in Grand Prairie. His practices is called Medical Edge Healthcare Group. He is a graduate of the University of Texas Southwestern, did his residency at John Peter Smith Hospital. Is a member of the Texas and American Academy of Family Physicians as well as the American Medical Association and the Texas Medical Association. Ladies and gentlemen, please, help me welcome Dr. Tony Anderson.

JOE STRAUS: Chair recognizes Representative Schwertner for an announcement.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Mr. Chairman. Thank you, members. I'd like to just to recognize some Eagle Scouts from Cameron, Texas which is in my district in Milam County. Scout master, Kyle Deal has two sons Jason Deal and Jonathan Deal that just became Eagle Scouts. And then there's Nicholas McAtee and Garrett Betros. If y'all would, please, stand. I would like to give them a round of applause, please. Congratulations.

UNIDENTIFIED MAN SPEAKER: Mr. Doorkeeper?

SENATE DOORKEEPER: I have a message from the Senate to the floor of the House.

UNIDENTIFIED MAN SPEAKER: Admit the messenger.

SENATE DOORKEEPER: Mr. Speaker, I'm directed by the Senate to inform the House that the seat is taken.

UNIDENTIFIED MAN SPEAKER: The chair announces the signing of the following in the presence of the House.

CLERK: HCR24, HCR76, HCR59, HCR58, HCR56, HCR40.

UNIDENTIFIED MAN SPEAKER: The chair recognizes Representative Aliseda for a motion.

REPRESENTATIVE JOSE ALISEDA: Mr. Speaker, I move to suspend all necessary rules to take up and consider House Resolution 522 honoring Karnes County Day at the Capitol.

UNIDENTIFIED MAN SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out HR522. Clerk read the resolution.

CLERK: HR522 by Aliseda. WHEREAS, Citizens from Karnes County are gathering in Austin for a special day at the State Capitol on March 16, 2011; and WHEREAS, Located in the Rio Grande plain region, the county Was named for Henry Wax Karnes, a Texas revolutionary war hero, and was officially organized on February 4, 1854, when the legislature Passed a measure recognizing its establishment; and WHEREAS, Karnes County benefited from the arrival of the Railroads in the mid-1880s, and the improved access to markets ushered in the diversified farming, livestock, and ranching economy That has been important to the area ever since; and WHEREAS, Today, the region's leading businesses include not Only agricultural operations but also oil and gas production Uranium mining and milling, guar processing, and fiberglass Manufacturing; and WHEREAS, Karnes County is home to Panna Maria, the nation's Oldest Polish settlement, and the ghost town of Helena, the former County seat, which features a museum in the restored courthouse Additional attractions in the area include the church of Czestochowa and various annual community events, including the Lonesome Dove Fest in Karnes City; Kenedy, Falls City, Gillett Hobson, and Runge are just a few of the unique towns that may be Found in the county; and WHEREAS, Residents of Karnes County are preserving the Character and history of their unique region while working to build a prosperous future, and they are indeed deserving of recognition For their contributions to the Lone Star State; now, therefore, be It RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 16, 2011, as Karnes County Day At the State Capitol and extend to the visiting delegation sincere Best wishes for an enjoyable day in Austin.

UNIDENTIFIED MAN SPEAKER: Chair recognizes Representative Aliseda.

REPRESENTATIVE JOSE ALISEDA: Mr. Speaker, members, it's my pleasure to recognize the residents of Karnes county to the Capitol today. On the dais we have Karnes County Judge Barbara Shaw, Sheriff David Jalufka, retired County Judge Alfred Pawelek, and County Attorney Robert Busselman. We also have the rest of the Karnes county delegation in the gallery. Would you please rise and be recognized? Welcome to your House. Thank you. I move for passage.

UNIDENTIFIED MAN SPEAKER: Members you've heard the motion. Is there any objection? Chair hears none. Resolution is adopted. Representative Pena moves to add all members names. Is there any objection? Chair hears none. So ordered. Is Mr. Veasey on the floor of the House? Chair recognizes Representative Veasey.

REPRESENTATIVE MARC VEASEY: I move to suspend the rules to take up House Resolution 835.

UNIDENTIFIED MAN SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out HR835. Clerk will read the resolution.

CLERK: HR835 by Veasey, honoring the Kids Who Care Theater Company of Fort Worth.

UNIDENTIFIED MAN SPEAKER: Chair recognizes Representative Veasey.

REPRESENTATIVE MARC VEASEY: Ladies and gentlemen, please, recognize me -- or, please, help me in recognizing Kids Who Care from Tarrant County. We have Debora Jung who is executive director along with all the wonderful kids. And we were just with them in the stockyards maybe a couple weeks ago and my wife participated in their charity cookoff and it's always a good time and they do a wonderful job and they're an amazing organization. They have performed at the Kennedy Center and off of Broadway and many of the kids that have been a part of Kids Who Care have gone on to do many, many great things. And they are also -- Kids Who Care activities are made possible in part from a grant from the Texas Commission of the Arts here and the legislature. So, Deborah and everyone at Kids Who Care thank you for being here with us this evening and, please, keep doing good work and please keep doing that cookoff. That is a great event. Thank you. Move adoption.

UNIDENTIFIED MAN SPEAKER: Members, you've heard the motion. Is there any objection? Chair hears none. Resolution is adopted. Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker and members, I move to suspend all necessary rules to take up and consider House Resolution 806 and 807. 806 honors the Shiloh Missionary Baptist Church on their anniversary. And 807 honors the Honorable John Chase.

UNIDENTIFIED MAN SPEAKER: Members you've heard the motion. Is there any objections? Chair hears none. Rules are suspended. Chair lays out the following resolution. The clerk will read the resolutions.

CLERK: HR806 by Dutton. Honoring John Saunders Chase, Jr. of Houston on his achievements in the field of architecture. HR807 by Dutton. Honoring the First Shiloh Missionary Baptist Church in Houston for the 120th anniversary of its founding. REPRESENTATIVE WALTER "FOUR" PRICE: Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD V. DUTTON JR.: I move adoption of House Resolution 806 and 807. REP. WALTER "FOUR" PRICE: Members, you've heard the motion. Is there any objection? Chair hears none. Motion adopted. Members, members. I'm going to recognize Representative King on a motion to introduce legislation that will require four-fifths vote so you, please, give him your full attention. Chair recognizes Representative King.

REPRESENTATIVE TRACY O. KING: Thank you, Mr. Speaker. Pursuant to Rule 8, Section 8 I move to introduce the following legislation relating to fishing with certain archery equipment in certain counties. REP. WALTER "FOUR" PRICE: Members you heard the motion. This is a record vote. Motion to introduce the legislation. Clerk will ring the bell. Show Representative Gonzalez voting aye. Show Mr. Geren voting aye. Have all members voted? Have all members voted? There being a 146 ayes. Motion to introduce. Permission is granted. Chair recognizes Representative Patrick for an introduction.

REPRESENTATVIE DIANE PATRICK: Thank you, Mr. Speaker, members. I'm very proud to have with us today the Pantego Youth Leadership Counsel. It was first created for the 2010-11 school year. It is open to area students in grades 7 through 12 and the first class has 25 active participants. I'd like to ask the individuals who are here with the Pantego Youth Leadership Counsel to, please, stand up. They're right behind me here in the gallery. Lets welcome them to your Texas capitol. The group includes Melody Paradise, the mayor, of Pantego, *Serena Tang, Monica Bravo, Enrigue Brown-Spence, Aubrie Parent, Becky Fields, Nick Perez, Zoe Wilkerson, Madeline Santon, Josey Johnson, Christian Parent, Adam Davidson, and Elaine Brown-Spence, Amy Hughes, and David Bodie. We are very happy to have this group because it is such a wonderful organization where the students participate and learn about government and how things work. And we're really glad that you came here to the Capitol today. And I am being ably assisted by my page for the day Caroline *Gaghn and she's accompanied by her brother Parker *Gaghn in the gallery. Welcome to you-all. REP. WALTER "FOUR" PRICE: Chair recognizes Representative Bohac and Representative Hochberg for an introduction.

REPRESENTATIVE DWAYNE BOHAC: Mr. Speaker and members, it is a pleasure to stand up here today with Representative Hochberg. I want to take a moment to recognize a group of young people from Servant of Nations Church in Houston. The group consists of current and former students of Lee High School. Which is actually in Representative Hochberg's district. I can tell you that these students have overcome some extremely difficult situations that you and I can't even imagine. And they've accomplished quite a bit in their young lives. Each one of them attend Bible studies on Thursdays, attend all church activities and are active in the churches food ministry. These students are active in the food ministry that feeds over 6,000 each month. I would like to specifically recognize their youth pastor, Karen Rhinehold and her husband Dan, who's a teacher and coach at Lee High School. They nurture and cultivate these young people. I saw it firsthand Thursday night. Last week I had the privilege of meeting the group and we're so proud to have them here today to see their government in action. Serving up Nations Youth Group. Welcome to your Texas House of Representatives. We would like to recognize you. REP. WALTER "FOUR" PRICE: Chair recognizes Representative Davis from Dallas.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker and members, I'd like to move to suspend all the necessary rules to take up House Resolution 808. REP. WALTER "FOUR" PRICE: Members you've heard the motion. Is there any objection? Chair hears none. Rules are suspended. Chair lays out House Resolution 808. Clerk will read the resolution.

CLERK: HR808 by Davis of Dallas. Welcoming members of the Leadership Southwest Class of 2011 to the state Capitol on March 16th, 2011. REP. WALTER "FOUR" PRICE: Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: I'd like to move adoption, please. REP. WALTER "FOUR" PRICE: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes representative Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: Thank you. Mr. Speaker, members, I'd like to first of all ask you to join me in welcoming Leadership Southwest. They're here today, they have 51 people here today. If you would stand up. The Resolution 808 represents the Leadership Southwest class of 2011 where there are 33 members. We have Ada Luma from the class 2011, five Leadership Southwest members. We have the board chairman, Laura Hallmark, the honorable Marcus Knight who is the mayor of the city of Lancaster, Ms. Levatta Levels who is a LSW alumni association president, *Soally Mamoodda, Karen Wilson is a program administrator and Elma Goodman. As you know Leadership Southwest is a combination of five communities that have come together to strengthen the southwest corridor of Dallas county through their leadership and involvement in their community. And we're so happy to have them here today. They represent the best of what the southwest communities of Dallas county have to offer. With their group is the Honorable Steven Mason. He's the counsel member for the city of Cedar Hill. The Honorable *Jerry agegenerallies with the city of De Soto, the Honorable Patricia Ledbetter with the city of De Soto, the Honorable Glen Tate with the city of Glenn Heights, the honorable Christopher Parvin with the city of Cedar Hill. And we want to welcome them as they sit and see their government work for them. Also I want to add Mayor Karl Sherman from the city of De Soto. I saw him but he was not on my list. I want to welcome you-all to your House chamber and thank you for being here and your involvement and making our state stronger by your involvement in your community. Members you would join me by welcoming them here. REP. WALTER "FOUR" PRICE: Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker and members, I move to suspend all necessary rules to take up and consider House Resolution 829 which honors several of the persons who have been found innocent of their crimes and have been removed from death row. REP. WALTER "FOUR" PRICE: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out house resolution. Clerk will read the resolution.

CLERK: HR829 by Dutton. WHEREAS, Six former death row inmates who have been Exonerated of the crime for which they were convicted are visiting The State Capitol on March 16, 2011, the Day of Innocence, in Support of a moratorium on executions and other related measures; and WHEREAS, These men are among the 138 individuals who have Been released from death row since 1973, either because their Convictions were overturned and they then won acquittal at retrial Or had the charges against them dropped, or because they were given An absolute pardon by the governor based on new evidence of their Innocence; their lives forever changed by their wrongful Conviction, these six individuals are now working to reform the criminal justice system; and WHEREAS, Convicted of murder in Texas in 1981, Clarence Brandley was just weeks away from his scheduled execution when Evidence of coerced testimony and blatant racism in his first two Trials prompted the FBI to intervene; three years later, the Charges against him were dismissed; Mr. Brandley subsequently Married, apprenticed as an electrician, and became a Baptist Minister; his life became the subject of a book, White Lies, and a Cable TV movie, Whitewash: The Clarence Brandley Story; and WHEREAS, Sentenced to death in Louisiana in 1987, Albert Burrell was 17 days away from execution in 1996 when his attorneys Won a stay; the attorney general's office dismissed the charges Against him in 2000, citing "a total lack of credible evidence," and Later DNA analysis reinforced that assessment; Albert Burrell Currently lives and works in Center; and WHEREAS, Gary Drinkard was convicted in Alabama in 1995; in 2000, the state supreme court ordered a retrial on the basis of Prosecutorial misconduct, and the following year a second jury Found him innocent; Mr. Drinkard's case was subsequently presented To the U.S. Senate Judiciary Committee to illustrate the critical Need that those facing the death penalty have for competent legal Representation; and WHEREAS, Framed for murder, Shujaa Graham was sentenced in California in 1976; the state supreme court overturned his Conviction because the district attorney had systematically excluded African American jurors in his first trial; Mr. Graham was Ultimately acquitted in 1981, and since then he has played a leading. Role in the anti-death penalty and human rights movements; and. WHEREAS, Ron Keine was sentenced to death in New Mexico in 1974 after a witness, under intense pressure from prosecutors Fabricated a story about his guilt; the following year, the real Killer turned himself in, and a new trial for Mr. Keine and his Codefendants was eventually ordered; before the trial could be Held, though, a judge threw out the murder indictment on the grounds That ballistic tests conclusively linked the confessed killer to The murder weapon; freed in 1976, Mr. Keine now owns a business in Michigan and is a leader in the campaign to abolish the death Penalty; and WHEREAS, Anthony Graves of Brenham was arrested in 1992 and Convicted in Texas in 1994, primarily on the testimony of one Witness who later recanted his story; the Fifth Circuit Court of Appeals ultimately overturned Mr. Graves's conviction in 2006, and He was then sent to the Burleson County jail to await his new trial Which would be four years in coming; during that time, he was kept In solitary confinement; finally, in 2010, 18 years after Mr. Graves was first imprisoned, a special prosecutor determined that No case against him had ever existed, and the charges against him Were dropped; and WHEREAS, There is no way to restore to these men the years They have lost, or to compensate them for the mental and emotional Anguish they have suffered; notwithstanding the immeasurable pain They have endured, however, they have found the resilience to take a Terrible ordeal and channel their response into constructive endeavor; their strength and purposefulness are a testament to Their remarkable spirit and a continuing inspiration to countless fellow citizens; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Clarence Brandley, Albert Burrell, Gary Drinkard, Shujaa Graham, Ron Keine, and Anthony Graves for their Tenacity in the pursuit of justice and for their significant Contributions to the debate over an issue of paramount public Concern; and, be it further RESOLVED, That official copies of this resolution be prepared For these gentlemen as an expression of high regard by the Texas House of Representatives.

REP. JAMES L. KEFFER: Mr. Speaker -- Mr. Speaker. REP. WALTER "FOUR" PRICE: For what purpose?

REP. JAMES L. KEFFER: Mr. Speaker this is a very, very important resolution brought by Mr. Dutton. I would ask if the conversations could be taken outside the rail so that Mr. Dutton and the gentleman behind you can have the full attention of the house, please. REP. WALTER "FOUR" PRICE: House will come to order, please, take your conversations outside the rail. Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker and members, thank you and thank you, Tim. Today we celebrate what's being called as the Day of Innocence. This is the second opportunity we've had to do that. The Day of Innocence came about because, as most of you know, our system for making sure that only the guilty get punished in Texas sometimes fails us. Sometimes it didn't work. And whenever that's happened members I hope you're kind of like me. I take full responsibility as a legislature for making sure that the systems work. One of the worst places where the system fails is when a person is sent to death row. And yet what we know today is that there are a number of people who have gone to death row and yet it was later determined that they were factually innocent but legally guilty. That should never happen, members. And today joining us in this chamber are three men who have been sentenced to death row only later to be found factually innocent. The first one is Clarence Brandley. Clarence Brandley served ten years on Texas' death row. This is not a problem though that's endemic only to Texas because we also are joined today by Ron Keine who served two years on death row in New Mexico. As further evidence, we're joined by Albert Barrel who spent 13 years on death row in Louisiana. Members, when the system fails it means we have failed because we are the people that Texas looks to, particularly innocent people, to make sure that our system works. And, yes, some people will point to the fact that these people are off death row, and so now the system apparently works. But to spend ten years on death row waiting for the system to work, means that you have gone through hell while living here on earth. And so, today I ask you to join me and perhaps we can't give an apology the only thing we can give is our commitment to trying to do everything we can to make sure that the innocent -- no matter whether they're poor, no matter what color, no matter what gender, no matter what geography they come here with that we are to make sure our systems or at least the kinds of systems that says if we have to make an error it will be an error on the side of letting a guilty person go before we imprison someone who is innocent. And with that Mr. Speaker and members, I would suggest that we pass House Resolution 829 and I ask that all members names be added to that resolution. And that from today forward we make the commitment to ensure that justice is only -- not only for those people that we sometimes don't like or some people we don't see or some people we just can't seem to some how or another look eye to eye with but the justice prevails for the rich, the poor but most of all for the innocent. And with that Mr. Speaker I move passage. REP. WALTER "FOUR" PRICE: Members you've heard the motions. Are there any objections? Chair hears none. Resolution is adopted. Chair recognizes Representative Button.

REPRESENTATIVE ANGIE CHEN BUTTON: Thank you speaker, members. I would like to recognize the student we have in the gallery with the 2011 Mercy Street Spring Break College Tour from LG Pinkston High School in Dallas. This tour allows the students from a historically underserved part of Dallas to tour nine universities across our state and our Capitol. This tour is made possible from the general support of Mr. Albert Huddleston and his wife Mary. They founded the Mercy Street as a Dallas Space Christian Ministry to glorify god and transform the neighborhood of west Dallas. Members, please, help me welcome LG Pinkston High School from Dallas to our Capitol. Thank you. REP. WALTER "FOUR" PRICE: Mr. Parker on the floor. Chair recognizes Representative Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: Thank you, Mr. Speaker, members. I'd like to suspend all necessary rules to take up and consider House Resolution 856. REP. WALTER "FOUR" PRICE: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Resolution 856. Clerk will read the resolution.

CLERK: HR856 by Davis of Dallas. Commending Jasmine Saucedo for her service as an intern in the office of Representative Yvonne Davis. REP. WALTER "FOUR" PRICE: Chair recognizes representative Davis of Dallas.

REPRESENTATIVE YVONNE DAVIS: I'd like to move adoption, please. REP. WALTER "FOUR" PRICE: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gallego.

REPRESENTATIVE PETE P. GALLEGO: Mr. Speaker I move to suspend all necessary rules to allow the Committee on Criminal Jurisprudence to meet while the House is in session during reading and referral of bills today, March 16th, 2011, in room M3 which, I believe, the third floor -- one of the courtrooms to consider pending business. I also move that the -- we suspend all necessary rules to allow the Committee on Criminal Jurisprudence to consider pending business during reading and referral today in room *3M3. REP. WALTER "FOUR" PRICE: Members, you've heard the motions. Is there any objection? Chair hears none. So ordered.

REPRESENTATIVE TAN PARKER: Members Representative Sheffield has a resolution. Can we have a little order, please?

REPRESENTATIVE RALPH SHEFFIELD: Members, I would like to suspend all necessary rules to take up and consider HR831 honoring Little Joe La Familias band.

REPRESENTATIVE TAN PARKER: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out HR831. Clerk will read the resolution.

CLERK: HR831 by Sheffield.

REPRESENTATIVE TAN PARKER: Members can we give the reading clerk a little attention, please.

CLERK: WHEREAS, Legendary Texas musician Little Joe Hernandez and His band La Familia added to their long list of accomplishments by Winning the Grammy Award for Best Tejano Album at the 53rd annual Grammy Awards on February 13, 2011; and WHEREAS, The award honored the group's album Recuerdos, and It marked the fourth time that Little Joe y La Familia has taken Home a gold statuette from The Recording Academy; the band has also Received five other Grammy nominations through the years, and these Honors are just one measure of the success it has enjoyed in a long And hugely influential career; and WHEREAS, Born in Temple in 1940, Jose Maria De Leon Hernandez Began performing while still in his teens, and in 1959 became the Leader of Little Joe and the Latinaires, a group that also included His younger brother, Jesse; when Jesse was killed in a car accident Five years later, Little Joe vowed to bring the dreams they shared Of musical success to fruition, and in the 1960s and early 1970s he And his bandmates began to build a strong following while Pioneering an exciting new brand of music; mixing traditional Mexican norteno with elements of country, blues, rock, and big-band Swing, their sound helped create the style that would later become Known as Tejano; and WHEREAS, In the early 1970s, the ensemble took the name La Familia, as the members more closely embraced their cultural Heritage, and Little Joe's songs became anthems of ethnic pride for Hispanics throughout the United States and beyond; and WHEREAS, Through the decades, this beloved group has released More than 50 albums and realized many milestones, including becoming the first Tejano act to claim a Grammy, an achievement that Took place in 1992; in collecting another award in 2011, Little Joe Y La Familia has demonstrated that its music remains as vital as Ever, and its leader and members may take justifiable pride in the Role they have played in furthering the notable musical reputation Of the Lone Star State; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Little Joe y La Familia on winning The Grammy Award for Best Tejano Album at the 53rd annual Grammy Awards and extend to Mr. Hernandez and the members of his band Sincere best wishes for continued success; and, be it further . RESOLVED, That an official copy of this resolution be Prepared for the group as an expression of high regard by the Texas House of Representatives.

REPRESENTATIVE TAN PARKER: Chair recognizes Representative Sheffield.

REPRESENTATIVE RALPH SHEFFIELD: Members, if could I have your attention a little bit, please. We really are very honored to have a very special individual in the house today, Little Joe Hernandez. Little Joe Hernandez actually is the founder of Little Joe La Familia. Some of y'all may not know this but he has been practicing Tejano music before it was even poplar in Texas. He blended the musics together back some 30 years ago and has become a great staple in Texas latino music here in Texas. And we're honoring him today because he actually in February won his fourth grammy, as well as, his ninth nomination for his music and what he plays in the great role of Tejano music and not just in Texas but throughout the U.S. Little Joe is a neighbor of mine in Temple. Actually his museum studio is right next to my restaurant. And I know he's a hard worker, he really gives a whole lot back to the community. Anytime anyone asks him to play at a charity event to raise funds he's always there but the bottom line is that little Joe La Familia here is on the dais. Welcome all of you to just come back and meet him. Also with him is one of his band members, *Tony Matamoros as well back there. But I'd like to move adoption for House Bill HR831, please.

REPRESENTATIVE TAN PARKER: Members, Representative Sheffield moves adoption. Is there any objection? Chair hears none. So ordered. Representative Lozano moves to add all members names. Any objection? So ordered.

REPRESENTATIVE LARRY GONZALES: Chair recognizes Representative Kolkhorst.

REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. I'd like to request permission for the Committee on Public Health to meet while the House is in session during the reading and referral of bills today March 16th, 2011 in E2.012 to consider the previously posted agenda.

REPRESENTATIVE LARRY GONZALES: Members you heard the motion. Are there any objections? The chair hears none. So ordered. Chair recognizes representative Pena for an announcement.

REPRESENTATIVE AARON PENA: Members the Hispanic Republican Conference will be meeting today upon adjournment in conference room E1.018. Lunch will be provided.

REPRESENTATIVE LARRY GONZALES: Members if you have any announcements, please, bring them down front. The chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, members. I move to suspend all necessary rules take up and consider HCR150 honoring Governor Sam Houston on the 150th anniversary of his historic refusal to take an oath and to ultimately resign from his governorship 150 years ago today.

REPRESENTATIVE LARRY GONZALES: Members you've heard the motion. Are there any objections? Chair hears none. So ordered. Chair lays out HCR150. Clerk will read the resolution.

CLERK: HCR150 by Branch. Honoring Sam Houston for his statesmanship on the 150th anniversary of his refusal to take the oath of allegiance to Confederate States of America.

REPRESENTATIVE LARRY GONZALES: Chair recognizes Representative Branch.

REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, members. We've had a lot of anniversaries this year and this is an important one to me in the sense that it points up the courage that Governor Houston had to follow his principles and not take an oath. He was -- believed deeply in Texas staying in the union and 150 years ago today he did what was extremely unpopular at the time but gave up his office in order to live by his principles and belief in the union should stay together. And I want to honor him here today on this anniversary. I move passage.

REPRESENTATIVE LARRY GONZALES: Members you've heard the motion. Is there any objections? The chair hears none. So ordered. Representative Legler moves to add all members names to the resolution. Are there any objections? The chair hears none. So ordered. The following announcements. The clerk will read the announcements.

CLERK: The committee on Criminal Jurisprudence will meet upon reading and referral of bills on March 16th, 2011 at 3N.3. This will be a formal meeting to consider pending business.

REPRESENTATIVE LARRY GONZALES: Is Mr. Madden on the floor of the House? Is Mr. Dutton on the floor of the House. Members if you have any announcements, please, bring them down front. Chair recognizes Representative Hughes for an announcement.

REPRESENTATIVE BRYAN HUGHES: Thank you, Mr. Speaker, members. I just want to remind everyone at 11:30 at the Austin Club the Capital Commission Bible Study Don Garner is back in town. We certainly enjoyed Steve Collins. Enjoyed Steve Collins last week but the Don Garner's back in town 11:30 for the Bible study at the Austin Club. Of course 7:30 in the morning for members and 8:00 o'clock Friday morning for the staff, for the Capitol community. Thank you, Mr. Speaker.

REPRESENTATIVE LARRY GONZALES: Chair recognizes Representative Alvarado.

REPRESENTATIVE CAROL ALVARADO: Thank you I'd like to request that the Committee on Urban Affairs meet during the reading and referral of bills today. That would be in E2016.

REPRESENTATIVE LARRY GONZALES: Members, you've heard the motion. Are there any objections? The chair hears none. So ordered. The following announcement. The clerk will read the announcement.

CLERK: The Committee on Corrections will meet at 8:00 a.m. on Thursday, March 17th, 2011, at E23.020 this will be a formal meeting to consider House Resolution 1915.

REPRESENTATIVE LARRY GONZALES: The chair recognizes Representative Phillips.

REPRESENTATIVE LARRY PHILLIPS: Thank you, Mr. Speaker. I request grant committees permission to meet. I request permission for the Committee of Transportation to meet while the House is in session during pending and referral of bills on 3/16/11 in E2028 to take up and consider previously posted and pending business.

REPRESENTATIVE LARRY GONZALES: Members you've heard the motion. Are there any objections? The chair hears none. So ordered. Chair recognizes Representative Miller of Comal.

REPRESENTATIVE DOUG MILLER: Thank you, Mr. Speaker, members, I'd like to recognize today I think we have a group -- they may have left but we have a group of teachers -- retired teachers from Fredericksburg and Gillespie County who have come to their Capitol to be with us today. I don't know any of y'all still in the gallery if not they had another appointment they needed to go to but I wanted to make sure we had it on record that we had some good folks from the Texas Hill Country and Fredericksburg home of the peaches here to be with us today. Thank you, Mr. Speaker.

REPRESENTATIVE LARRY GONZALES: Chair recognizes Representative Legler.

REPRESENTATIVE KEN LEGLER: Yes, Mr. Speaker, I'd like to have remarks on HCR150 written down on the record, please.

REPRESENTATIVE LARRY GONZALES: Members you've heard the motion. Are there any objections? The chair hears none. So ordered. The chair would like to recognize his wife and kids and friends who are sitting in the southeast gallery. Members if you have any announcements -- Representative Raymond moves that the House stands adjourned pending the reading and referral of bills and resolutions until 10:00 a.m. tomorrow. In memory of Barbara Anne Casin of Laredo. She was a long time humanitarian and wife of U.S. Federal Judge -- the chair recognizes representative McClendon.

REP. RUTH JONES MCCLENDON: Thank you, Mr. Speaker and members, I move to set a congratulatory and memorial calendar for tomorrow March the 17th at 10:00 o'clock -- 10:30 a.m.

REPRESENTATIVE LARRY GONZALES: Members, you've heard the motion. Are there any objections? The chair hears none. So ordered. Representative Raymond moves that the House stands adjourn pending the reading and referral of bills and resolutions until 10:00 a.m. tomorrow in memory of Barbara Ann Casin of Laredo. She was a long time humanitarian and wife of U.S. Federal Judge George Casin. Any objections? The House stands adjourned pending the reading and referral of bills. The following bills on first reading and referral. HB2136 by Guillen. Relating to regional contract brokers of subcontractors regional contract brokers providing many aid nonemergency medical transportation on committee of insurance. HB2514 by Callegari. Relating to state administration of assessment instruments to public school students for public education. HB2630 by Branch. Relating to a formal recognition of the Texas A and M university for the students health and science center administration of the health institutions and program for the services in higher education. HB2631 by Branch. Relating to the advanced research program for the committee of education. HB2632 by Driver. Relating to the access of criminal history record information and certain Texas facilities commission of state affairs. HB2633 by Madden. Relating to the Office of Inspector General of the Texas Youth Commission. HB2634 by Madden. Relating to extending workers' compensation benefits for certain State employees. HB2635 by Kolkhorst. Relating to the composition of the First, Tenth, and Fourteenth Courts of Appeals Districts. HB2636 by Kolkhorst. Relating to a commission to study neonatal intensive care units. HB2637 by Chisum. Relating to premarital education courses. HB2638 by Chisum. Relating to intervention by the attorney general in a suit involving recognition of a same-sex marriage or civil union. Relating to motor vehicle inspections that employ remote sensing equipment. HB2640 by Rodriguez. Relating to the use of certain information by the State Bar of Texas to notify a person licensed to practice law in this state of accredited continuing legal education activities. HB2641 by Burnam. Relating to a civil action for deprivation of rights. HB2642 by Huberty. Relating to the authority of the Public Utility Commission of Texas in relation to extended service areas and toll-free local calling areas. HB2643 by Hamilton. Relating to safety standards for elevators, escalators, and related equipment. HB2644 by Dukes. Relating to providing proof of identity to obtain a one-trip or 30-day trip permit for the transit of certain unregistered vehicles. HB2645 by Murphy. Relating to the exclusion of subcontracting payments made by a staff leasing services company in determining total revenue for purposes of the franchise tax. HB2646 by Orr. Relating to distribution by the School Land Board of revenue derived from permanent school fund land or other properties to the available school fund. HB2647 by Fletcher. Relating to trials for misdemeanor cases. HB2648 by Fletcher. Relating to the reestablishment of the Texas Bleeding Disorders Advisory Council. HB2649 by Allen. Relating to the award of diligent participation credit to defendants confined in a state jail felony facility. HB2650 by Allen. Relating to the establishment of a procedure for imposing intermediate sanctions on a person who violates certain conditions Of community supervision. HB2651 by Allen. Relating to the eligibility of visitors to use certain public transportation services for people with disabilities. HB2652 by Pitts. Relating to the Texas Economic Development Act. HB2653 by Taylor. Relating to the contractual revocation of pension benefits of certain public employees convicted of an offense. HB2654 by Sheets. Relating to an exclusion from unemployment compensation chargebacks for certain employers of uniformed service members. HB2655 by Sheets. Relating to notice of coverage reduction on renewal of a property/casualty insurance policy. HB2656 by Miller. Relating to exemption from application of the Private Security Act of certain peace officers employed by a law enforcement agency. HB2657 by King. Relating to nonsubstantive additions to and corrections in enacted Codes, to the nonsubstantive codification or disposition of various Laws omitted from enacted codes, and to conforming codifications Enacted by the 81st Legislature to other acts of that legislature. HB2658 by Lavender. Relating to architectural barriers standards. HB2659 by Lavender. Relating to prohibiting abortion except when medically necessary or when the pregnancy is the result of rape or incest. HB2660 by John Davis of Harris. Relating to transferring certain functions of the Texas Department Of Housing and Community Affairs to the Texas State Affordable Housing Corporation. HB2661 by Kleinschmidt. Relating to settlement of certain civil actions. HB2662 by Hochberg. Relating to child abduction. HB2663 by Chisum. Relating to the effect of rules and standards adopted by the Railroad Commission of Texas relating to the liquefied petroleum Gas industry on ordinances, orders, or rules adopted by political Subdivisions relating to that industry. HB2666 by Truitt. Relating to the administration of certain immunizations or vaccinations by a pharmacist. HB2667 by Miles. Relating to administrative penalties imposed by the Texas Commission on Environmental Quality. HB2668 by Miles. Relating to administrative penalties imposed by the Texas Commission on Environmental Quality. HB2669 by Miles. Relating to the creation of an advisory committee to study urban Farming. HB2670 by Miles. Relating to the powers and duties of navigation districts, port Authorities, and certain municipalities. HB2671 by Miles. Relating to the disclosure of personal information under the Motor Vehicle Records Disclosure Act. HB2672 by Dutton. Relating to safety measures for culverts or other similar flood or drainage systems maintained by governmental entities. HB2673 by Dutton. Relating to the calculation of tree mitigation fees charged by a municipality in connection with a permit. HB2674 by Raymond. Relating to the creation of a childhood health program grant. HB2675 by Harper Brown. Relating to the continuation and functions of the Texas Department Of Transportation; providing penalties. HB2676 by Raymond. Relating to the appointment of bailiffs in certain Dallas County Courts. HB2677 by Shelton. Relating to customer choice for school districts served by municipally owned electric utilities and electric cooperatives. HB2678 by Smith. Relating to the regulation of driver training schools and instruction. HB2679 by Smith. Relating to appeals regarding dangerous dogs. HB2680 by King. Relating to the procedure for certain small local exchange companies to propose to offer certain services or to make a minor Change in a rate or tariff. HB2681 by Harden. Relating to the protection of trade secrets. HB2682 by Lucio. Relating to requiring upholstered furniture sold in this state to be made with filling that is burn resistant to an open flame; imposing a criminal penalty. HB2683 by Lucio. Relating to the adoption or implementation of certain optional provisions by municipalities participating in the Texas Municipal Retirement System. HB2684 by Lucio. Relating to the foreclosure process; creating an offense; providing penalties. HB2685 by Lucio. Relating to the enforcement of state laws prohibiting the operation Of a motor vehicle while intoxicated. HB2686 by Lucio. Relating to the impoundment of a motor vehicle involved in an accident if operated without financial responsibility.