REPRESENTATIVE JOE STRAUS: The House will come to order. Members, please register. Have all registered? Have all registered? Quorum is present. The House and gallery, please, rise for the invocation, and the chair recognizes Representative Landtroop.

REPRESENTATIVE JIM LANDTROOP: Good morning, Mr. Speaker and members and honored guests. If you will please join me in prayer this morning. Our Father and our God, we stand before you this morning in humble awe that you have chosen us to be here in this place, on this day to serve you and the people of this great state. Father, we ask for a holy wisdom as we deliberate throughout this day. We seek your favor and your blessing as we serve the people of this state. Father give us strength and boldness to stand on these principles that you have laid out that we know is true and right. Father gives us the ability to make wise decisions and do those things that when we see you some day you will be able to say, well done, good and fail servant. As we serve you today may we first and foremost do what we do to the glory of God and to his son, our savior, Jesus Christ in whose name we pray. Amen.

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

REPRESENTATIVE JIM LANDTROOP: Thank you, member -- Mr. Speaker and members and honored guests. If you will please join me this morning as we pledge the flags to our great nation and this great state. [PLEDGE]

REPRESENTATIVE JOE STRAUS: Representative Landtroop moves that the House dispense with the reading and referral of bills until the end of the day. Is there objection? Hearing none. So ordered. Chair recognizes Representative Lozano to introduce our doctor of the day.

REPRESENTATIVE JOSE LOZANO: Thank you, Mr. Speaker and members. It's with great honor that I am here today to present you the doctor of the day the Dr. Luis Calo. Dr. Luis Calo received his doctor of medicine degree from Century University of the Caribbean School of Medicine in Guia -- in Guia, Puerto Rico. His post graduate training and residency in family medicine was at St. Joseph's Medical Center in New York. Dr. Calo obtained his master in medical management from Tulane University in New Orleans, Louisiana. He is a fellow of the American Academy of Family Medicine. He began his solo practice in San Angelo, Texas. While in Tom Green County he became the health authority and medical director for the County Health Department. Dr. Calo then went on to group practices in Dallas and San Antonio. He left the state to take on the regional medical directorship in San Diego, California, returning to Texas by the will of God in 2007. Dr. Calo returned to medical practice and working with patients. He remains a part-time medical director for a local health plan in Harlingen, Texas where he lives with his wife and four children. He enjoys cooking, bicycling, swimming, scuba diving, and he also enjoys obviously something that family medical doctors have very little of, free time. We are honored to have him here today to have him on stand by for us for any medical needs that may occur. Thank you Mr. Speaker and members. Gentleman and members of the House, please, join me in welcoming Dr. Luiz Calo to the House of Representatives.

REPRESENTATIVE JOE STRAUS: Madam Doorkeeper.

DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.

REPRESENTATIVE JOE STRAUS: Admit the messenger.

MESSENGER: Mr. Speaker, I'm directed by the Senate to inform the House that the Senate has taken the following action. The Senate has passed the following measures --

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hunter for a motion on the very important election contest. Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Thank you, Mr. Speaker, members. Members as you know last Tuesday the Select Committee on the election contest involving Donna Howard and Dan Neil met. The committee met, listened, and participated in oral arguments by counsel and listened to the views of the master of discovery, Representative Will Hartnett, and deliberated in committee. We made two findings. First, because the contestant had failed to establish by clear and convincing evidence that the outcome of the election was not the true outcome, this contest be dismissed and Donna Howard be permitted to retain her office as Representative for District 48 for the remainder of the 82nd legislature and; two, the unpaid cost for the preparation of the transcript for the master's evidentiary hearing be deducted from the deposit and the remainder of the deposit be returned to the contestant. On Friday after the Select Committee had made these findings Mr. Neil filed his notice of withdrawal effectively ending the contest. Mr. Speaker, at this time I ask that the notice of withdrawal of Mr. Neil be read by the reading clerk and placed in the journal. And that as a result of the withdrawal that the election contest in this matter be dismissed. Members also as a result of the withdrawal the only matter remaining in the contest is an administrative one. There is a payment of the court reporter's fees in preparing the transcript for the evidentiary hearing in the case. The select committee determined that the unpaid cost for the preparation of the transcript for the master's evidentiary hearing be deducted from the contestant's deposit and the remainder of the deposit be returned to the contestant. And, Mr. Speaker, at this time with -- I also move that contestant's deposit, a check, be ordered cashed. That the unpaid cost for the preparation of the transcript, the master's evidentiary hearing, be deducted from the contestant's deposit and the remainder of the deposit be returned to the contestant. So moved, Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Members you've heard the motion. Is there objection? Chair hears none. So ordered. Clerk will read the notice of withdrawal.

THE CLERK: To the Honorable Speaker of the House of Representatives for the State of Texas comes now Dan Neil contestant in the above cause of action against Donna Howard, contestee, and files this notice of withdrawal of election contest. Wherefore, *premises considered, contestant, Dan Neil, withdraws his contest in House District 48.

REPRESENTATIVE JOE STRAUS: Members, I'd like to briefly thank each member of the Select Committee. Chairman, Hunter, Vice Chairman Eiland, Representatives Bonnen, Giddings, Guillen, Kolkhorst, Lewis, Madden and Smith for their attention and careful consideration on this matter. I'd also like to thank Representative Will Hartnett who agreed for the fourth time to serve as the master of discovery of an election contest. You all did a very, very nice job. Thank you. Chair recognizes Representative Hardcastle for a motion.

REPRESENTATIVE RICK HARDCASTLE: Mr. Speaker, members, I move to suspend all necessary rules and take up and read House -- House Resolution HR500.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, this is a memorial resolution. Please be seated. The Chair lays out HR 500. The clerk will read the resolution in full.

THE CLERK: HR 500 by Hardcastle. WHEREAS, Citizens of Montague County suffered an immeasurable loss with the passing of Senior Corporal David Ralph Slaton on September 20, 2010, at the age of 56; and WHEREAS, A trooper with the Texas Department of Public Safety, Corporal Slaton died as the result of a traffic accident while he was on duty, and his death has had a profound impact on both the extended circle of law enforcement officers to which he belonged and the community that adopted him as one of its own; and WHEREAS, Born in Texarkana on October 11, 1953, David Slaton graduated from Texas High School in 1971 and completed training to become a state trooper in 1974; his first assignment took him to Bowie, where he ultimately spent his entire career; an imposing presence, Corporal Slaton brought to his work a tireless dedication and an unfailing professionalism, qualities that earned him the deep respect of colleagues and fellow citizens alike; and WHEREAS, David Slaton contributed to his community in his off-duty hours, as well; he especially enjoyed coaching youth basketball and Little League teams, and he was an enthusiastic supporter of Jackrabbit sports; other favorite pastimes included golfing and exploring the digital world through his computer; and WHEREAS, Though his vocation was a demanding one, Corporal Slaton handled its challenges with a strength of spirit that shone through all his endeavors; his cheerful nature and irrepressible grin were as much a trademark of this widely admired Texan as his towering, six-and-a-half-foot frame; and WHEREAS, David Slaton and his wife, the former Lynetta Boudreaux, exchanged wedding vows on February 27, 1982, at First Baptist Church in Bowie; they shared a rewarding marriage of 28 years and became the proud parents of a son, Bo; and WHEREAS, Throughout his long and honorable career, David Slaton exemplified the highest ideals of his profession, and those who were privileged to share in the warmth of his affection will forever hold him close in their hearts; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the life of Senior Corporal David Ralph Slaton and extend sincere sympathy to the members of his family: to his wife, Lynetta Slaton; to his son, Bo Slaton; to his parents, Ralph Owen and Anne Belle Slaton; to his sisters, Deanna Torrens and her husband, George, and Teresa Moss; to his mother-in-law, LaVella Boudreaux; to his brother-in-law, Robert Boudreaux; and to his many other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of Senior Corporal David Ralph Slaton.

REPRESENTATIVE JOE STRAUS: The Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Move adoption.

REPRESENTATIVE JOE STRAUS: Members, this is a memorial resolution. All those in favor, please rise. Motion is unanimously adopted. Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker, members -- excuse me -- on the dais today you'll notice that I have Trooper Slaten's wife and son both here today. Also have John and Becky Pellizzari who -- John was his partner for 13 years and is retired now from the troop but still lives in Bowie. And both of them decided when they got their first duty assignment they liked the community so much they stayed. And over half of my troopers in my 16 counties have all chosen to stay in that community and not try to move up the food chain as you would or move to Austin or move to other places which shows the dedication we have -- we all have as members from our troopers who spend their entire career in public safety. Everything from car accident to shootings to any other kind of law enforcement actions. You'll also notice this morning -- we called it in my office -- we call it a small family because you'll notice on the dais that Slaten's didn't ask and I didn't ask and we still got all the big shots up here from DPS. We are a small family no matter how long you've been with the troop or how did you short you've been with the troop. And Colonel Beckworth now is -- was at one time the Major our of Lubbock who oversaw David and John. I appreciate all them coming. And you will notice and we will not say much since we've been on the mike this morning but the first bill on the calendar, thanks to the Calendars Committee and the House administration chairman the first bill on the general calendar for the State of Texas in the Texas House this year is House Bill 326 that names the highway north of Bowie where David was killed, names it in his honor. TxDOT already took the county commissioner's resolution and put the signs up without any question because they felt like they were part of the community just like he was. So all we're doing today on the bill that you'll hear later is putting it in general statute that that is the David Slaten Memorial Highway. So, if you ever head north off of 287 going to Oklahoma, notice our signs. And I appreciate your attendance and your courtesy this morning, members.

REPRESENTATIVE JOE STRAUS: Representative Geren moves to add all members' names. Is there objection? Chair hears none. So ordered.

THE CHAIR: Chair recognizes Representative Gallego for a motion.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker, members I move to suspend the five-day posting rule and all necessary rules to allow the Committee on Criminal Jurisprudence to consider House Bill 2482 relating to the offense of organized retail theft. It's a bill by Mr. Pena that was inadvertently left off the Criminal Jurisprudence posting for March 22nd. So, I'd ask for suspension of the rules to allow the committee to add that bill to its posting.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Chisum for an introduction.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, I rise today to recognize a bison herd that we still have in the State of Texas located in Camp Rock Canyon (inaudible) State Park. We are -- our intent is to make that the official bison herd to the State of Texas, however, it requires for that to be run but committee, so, we're going to pull it down this morning and await the committee action on this and then we'll name it the official bison herd of the State of Texas.

THE CHAIR: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Mr. Speaker, members, I need to clarify that my suspension of the five-day posting rule and all necessary rules to consider House Bill 2482 for the Committee on Criminal Jurisprudence -- the time of the meeting is at 10:30 or upon adjournment on 3-22-2011 and the room is the Reagan room, room 120. I need to add all of that to my rule suspension.

THE CHAIR: Members you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Miller.

REPRESENTATIVE SID MILLER: Mr. Speaker and members, I'd move to suspend the five-day posting rule to allow the Committee on Homeland Security and Public Safety to consider House Bill 1810 at 2:00 p.m. or upon adjournment tomorrow, March 22nd.

THE CHAIR: Members, you've heard the motion. Is there any objection?

REPRESENTATIVE SID MILLER: The meeting will be in E1026.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker, members, I'd like to suspend all necessary rules and to take up HR 939.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House 939. Clerk to read the resolution.

THE CLERK: HR 939 by John Davis of Harris. Recognizing March 21st, 2011 as World Down Syndrome Day.

THE CHAIR: Chair recognizes Representative Davis.

REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker, members. And today is March 21st has been designated as World Down Syndrome Day to raise awareness of that condition and to recognize the vital role people with Down Syndrome play in our families and our communities. And I believe today in the gallery we have Supreme Court Justice Wallace Jefferson is with us as well as with the Down Syndrome Association in the gallery. And if they're here give us a wave if the Down Syndrome Association is here. There are folks. Please, recognize the Down Syndrome Association. And Mr. Speaker, members, I, myself, I have a brother with Down Syndrome, Christopher Lee Davis born December 9th, 1963 and he is still alive and well and thriving in the community and doing well. And I just take my hat off to you all with what you're doing, it's important work and to have the word out there folks with Down Syndrome are an asset to our community and are respected and we love them. Thank you very much. I move adoption.

THE CHAIR: Members you've heard the motion. Is there any objection? Chair hears none. So ordered.

THE CHAIR: Members this is a memorial resolution. Chair recognizes Representative Schwertner.

REP. CHARLES SCHWERTNER: Thank you, Mr. Speaker. I move to suspend all necessary rules to take up and consider House Resolution 530.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members this is a memorial resolution, please, take your seats or move your conversations outside the rail. Chair lays out House Resolution 530. Clerk will read the resolution.

THE CLERK: HR 530 by Schwertner. WHEREAS, The passing of J. D. Thomas, Jr., of Georgetown on August 23, 2010, at the age of 91, concluded a long and productive life spent in service to others; and WHEREAS, Born on June 30, 1919, to J. D. Thomas, Sr., and Laura Belle Harrell Thomas, J. D. Thomas enjoyed the companionship of six sisters and two brothers; he graduated from Georgetown High School in 1937 and later attended Texas A&M University; he left school during World War II to join the U.S. Navy and subsequently saw duty overseas; and. WHEREAS, Mr. Thomas received his discharge from the service in 1945 and returned to Georgetown to help manage his family's ranching interests; he went on to serve for a quarter-century as assistant postmaster and postmaster of Georgetown; and WHEREAS, J. D. Thomas contributed to his community as a congregant of the Georgetown Church of Christ, where he was a deacon and elder for 38 years and a song leader for 70 years; he also served on the local school board, sat on the boards of trustees of the Wallie Lock Charitable Foundation and the Hensel Memorial Camp Foundation, and held membership in VFW Post No. 8587; and WHEREAS, Mr. Thomas was married first to Ruby Geraldine Gassaway, who died in 1945; fortunate enough to find love a second time, he wed Ruth Margaret LePori on July 14, 1946, and they shared a richly rewarding union of 64 years; and WHEREAS, A kind and considerate man, J. D. Thomas had an immeasurable impact on the lives of many people, and he will be remembered with deep affection and admiration by all who knew him; Now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of J. D. Thomas, Jr, and extend sincere sympathy to the members of his family: to his wife, Ruth Thomas; to his children and their spouses, Sherron Thomas, Jerry and Janie Thomas, Janie and Lynn Harms, and Margaret and Randy Christian; to his grandchildren and their spouses, Raven and Jeff Green, Elizabeth Harms, Alicia and Matt Black, Anne-Marie and Paul Goetsch, April Harms, and Peter and Philip Christian; to his great-grandchildren, Maddie Green and Kiersten, Kate, and Eli Goetsch; to his siblings and their spouses, Alice and Lee Turner Anne and Ralph Poteet, Martha Stone, and Bob and Margie Thomas; and to his other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of J. D. Thomas, Jr.

THE CHAIR: Chair recognizes Representative Schwertner.

REP. CHARLES SCHWERTNER: Members, I move adoption.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Schwertner.

REP. CHARLES SCHWERTNER: Members, behind me on the dais, we have J.D.'s wife and family. Please welcome them. Ruth Thomas and their children Jerry Thomas, Janie Harms, Margaret Christian, and Sherron Thomas. J.D. was a legend in Georgetown. He served the country in World War II. Served as postmaster for 25 years in Georgetown. Served his church throughout his life. Please join me in remembering the life and legacy of a true gentleman, Mr. J.D. Thomas. Thank you.

THE CHAIR: Speaker pro tem Willy moves that all members' names be added. All in favor, please rise. The motion is unanimously adopted.

THE CHAIR: Chair recognizes Representative Gallego. Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker, members, I move to suspend all necessary rules to take up and consider House Resolution No. 490. House Resolution No. 490 is a memorial resolution, honoring Joyce Ann Probst of Alpine. She was a very longtime -- like a 26 year employee of the Texas Department of Transportation, she passed away this year of cancer and this resolution honors her memory.

THE CHAIR: Members you've heard the motion. This is a memorial resolution, members. Please, take your seats or move your conversations outside the rail. Chair lays out Resolution 490. Clerk to read the resolution.

THE CLERK: HR 490 by Gallego. WHEREAS, A full and generous life drew to a close with the death of longtime public servant Joyce Ann Probst of Alpine on October 25, 2010, at the age of 56; and WHEREAS, Born in Brownwood on July 14, 1954, to L. G. and Edith Kinman, the former Joyce Kinman married Thomas J. Probst on October 9, 1999, in Fort Davis; she was a loving mother to her two daughters, Kimberly Gosnell and Traci Jolly, and also took special pride in her five grandchildren; and WHEREAS, Ms. Probst began her notable 26-year tenure with the Texas Department of Transportation in 1984 at the Brownwood Maintenance Office; in 2002, she moved to the Tahoka Maintenance Office and five years later transferred to the Alpine Maintenance Office; and WHEREAS, Over the course of her career, Ms. Probst Distinguished herself in the positions of administrative technician, construction inspector, and contract administrator; her organizational skills, extensive knowledge of maintenance policies and procedures, and willingness to help others earned her the respect and admiration of her colleagues, and she was selected by the Lubbock district engineer to be the trainer for the Maintenance Office Manager course, which she taught throughout the various TxDOT districts; and WHEREAS, Joyce Probst leaves behind a legacy of loyal and dedicated service to the citizens of Texas, and she will be deeply missed by all those who had the good fortune to know her; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Joyce Ann Probst and extend sincere sympathy to the members of her family: to her husband, Thomas Probst; to her daughters, Kimberly Gosnell and Traci Jolly; to her grandchildren, Bayle Jolly and Katie, Kassidy Kyle, and Kolton Gosnell; to her parents, L. G. and Edith Kinman; to her brothers, Larry, James, Mike, and Mark Kinman; to her sisters Susan Bailey and Amy Ripple; and to her other relatives and 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 Joyce Ann Probst. .

THE CHAIR: Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker, members, Joyce Probst as I indicated was a longtime employee of TxDOT. She finished her career in Alpine. She was a one of the people who held the office in alpine together. She had been with TxDOT for a very, very, longtime. In small towns -- particularly in small towns the presence of one person can make a big difference and the loss of Joyce was certainly a huge -- made a huge difference not only to TxDOT and Alpine but to, frankly, to all of the residents of Alpine in the Big Bend area. So with us today is -- I move adoption of the resolution but with us today in the northeast gallery is her husband to Tom Probst. So, Mr. Speaker and members, I move adoption of the resolution.

THE CHAIR: Members, this is a memorial resolution. All those in favor, please, rise. The resolution is unanimously adopted. Chair recognizes Representative Gallego.

REPRESENTATIVE PETE GALLEGO: Mr. Speaker, members, I'd ask that we recognize -- Mr. Probst, if you'd stand and be recognized. Thank you for being here and thank you for making the trip from Alpine. Representative McClendon moves to add all members' names. Is there any objection? Chair hears none. So moved. Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: Mr. Speaker, members, I move to suspend all necessary rules to take up and consider House Resolution's 947, 48, 949, 950, 938, 951. They are congratulatory resolutions and they're not all mine either.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolutions. Clerk to read the resolutions.

THE CLERK: HR 951 by Raymond. Congratulating Don Jose "Pepe" Diaz on his achievement as a charro. HR 938 by Martinez Fisher. Congratulating Erwin J. De Luna of San Antonio on the occasion of his retirement from the Texas Health and Human Services Commission. HR 950 by Dutton. Congratulating Christopher Rainer on his completing the Men at Work program of Star of Hope in Houston. HR 949 by Dutton. Congratulate Elvin Adams on completing the Men at Work program of Star of Hope in Houston. HR 948 by Dutton. Congratulating Quinton Smith on completing the Motivational Work program of Star of Hope in Houston. HR 947 by Dutton. Congratulating Brian Wooten on completing the Men at Work program of Star of Hope in Houston.

THE CHAIR: Chair recognizes Representative Dutton.

REPRESENTATIVE HAROLD DUTTON: Mr. Speaker, members, I move adoption of the resolutions.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Bohac.

REPRESENTATIVE DWAYNE BOHAC: Mr. Speaker, members, I move to suspend all necessary rules to take up House Resolution 450.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House 450. Clerk to read the resolution.

THE CLERK: HR 450 by Bohac. WHEREAS, March 19, 2011, signals the beginning of a new chapter in the lives of Shelly Vasbinder and Manny Salazar III, for on that day they are exchanging their wedding vows and embarking on a rewarding journey together as husband and wife; and WHEREAS, Shelly Marie Vasbinder and Manuel Salazar III are being joined in matrimony at Star Hill Ranch in Austin, with Pastor Lance Freeman, of the First Baptist Church of Schulenburg officiating; sharing in the celebration are the couple's parents Manuel Salazar, Jr., and Olinda Salazar and John and Jamina Vasbinder, as well as the groom's grandparents, Mon and Connie Aguilar, and the bride's grandmother, Irene Vasbinder; and. WHEREAS, A graduate of Texas A&M University--Kingsville, Mr. Salazar is the chief of staff for State Representative Dwayne Bohac, while the bride earned both bachelor's and master's degrees from Texas A&M University and currently teaches freshman and sophomore English at Stony Point High School in Round Rock; and WHEREAS, The two met through the groom's mother, who taught with Ms. Vasbinder at Santa Gertrudis Academy High School in Kingsville, proving beyond a reasonable doubt that a mother does indeed know best; the couple plan to reside in Austin after the wedding; and WHEREAS, This blessed event marks a profound deepening of a relationship that has grown in love, respect, and mutual regard with each passing day, and it is truly a pleasure to honor this special couple; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Shelly Vasbinder and Manny Salazar III on the joyous occasion of their wedding and extend to them sincere best wishes for a lifetime of happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for the couple as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Bohac.

REPRESENTATIVE DWAYNE BOHAC: Mr. Speaker, members, House Resolution 450 recognizes my chief of staff, Manny Salazar and his new wife Shelly on the occasion of their marriage. As you noticed they are not on their honeymoon and I don't know how wise of a decision that is because I got married during a session as well and did not take my wife on a honeymoon right after the wedding. So Manny get her on a honeymoon as fast as soon as you can. That is my advice to you. And it's truly a pleasure to have them. I wish them the best of luck. I told them that marriage takes hard work and it does on both sides and a lot of forgiveness and -- any way congratulations my friends.

REPRESENTATIVE CHARLIE HOWARD: Mr. Speaker, will the gentleman yield?

THE CHAIR: Does the gentleman yield?

REPRESENTATIVE DWAYNE BOHAC: I yield for a question.

REPRESENTATIVE CHARLIE HOWARD: Forty something years ago, I got married on a Friday night drove to Houston went to work on Monday morning. We didn't have a honeymoon for two years later when we paid off my school bills. After 40 years of wedding bliss, we still are happily married. So, it will work.

REPRESENTATIVE DWAYNE BOHAC: Amen, Charlie, Amen.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Is Mr. Naishtat on the floor of the House? Chair recognizes Representative Naishtat.

REPRESENTATIVE ELLIOT NAISHTAT: Members, I move we suspend all necessary rules to take up and consider House Resolution 733 recognizing March 22nd as the University of Texas at Austin Plan II Honors Day.

THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. House lays out Resolution 733. Clerk to read the resolution in full.

THE CLERK: HR 733 by Garza. WHEREAS, The Plan II Honors Program at The University of Texas at Austin celebrated the 75th anniversary of its founding in 2010; and WHEREAS, Established in 1935 by Dean H. T. Parlin, the Plan II Honors Program is a challenging interdisciplinary curriculum intended for students who want to earn a liberal education; the course of study provides an alternative to professional training and seeks to endow students with a knowledge of science and society and a genuine appreciation of culture and the arts; and. WHEREAS, Plan II has as its goal the enlightened individual schooled in important fields of knowledge and ready to take on the responsibilities of full, engaged citizenship; highly selective the program includes a yearlong course in world literature from the ancients to the present, as well as a two-semester philosophy course, a sequence of reasoning, theoretical, and scientific classes, a number of social science and history requirements, and a senior thesis; and WHEREAS, Not just a curriculum but also a community, Plan II offers students intimate seminar classes with a great deal of interaction and discussion; program alumni have gone on to become leaders in business, government, law, public service, education and athletics; and WHEREAS, Academically rigorous and personally transformative for students, the Plan II Honors Program exemplifies the paramount ideals of higher education, and it is indeed deserving of special commendation for the profound difference it has made in the lives of countless people; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 22, 2011, as The University of Texas at Austin Plan II Honors Day and extend to all those associated with the program sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the UT Plan II Honors Program as an expression of high regard by the Texas House of Representatives.

THE CHAIR: Chair recognizes Representative Garza.

REPRESENTATIVE JOHN GARZA: Today, we recognize the 75th anniversary of the Plan II Honors program at the University of Texas at Austin. Plan II was created to preserve the interdisciplinary model of education during a time when public universities are moving towards an emphasis on vocational higher education. From these origins Plan II has evolved into one of the nation's most competitive, challenging, and creative honors program and has for 75 years produced graduates who are cross-trained in the arts and sciences. Plan II students take honors level courses in literature, philosophy, logic and reasoning as well as theoretical math, calculus, life science and physical science. The program is innovative and noted for its special topic courses. The semester along Plan II students are studying *doctor right pathways to civic engagement and rain forest conservation. Plan II students also are known for their creativity. They have their own newspaper, The Undecided; their own drama club, the Broccoli Project; and their own special topic discussion groups. *Plan II is among the top programs ever produced in Texas higher education. I congratulate them on their 75th anniversary. Representative Naishtat.

THE CHAIR: Chair recognizes Representative Naishtat.

REPRESENTATIVE ELLIOT NAISHTAT: Members, standing on the dais are distinguished individuals with the Plan II program. Professors, staff, and students from the University of Texas Plan II Department. Steven Leslie is with us, executive vice president and provost of the University of Texas at Austin and the professor in the School of Pharmacy; Michael Stoff, professor of history and director of the Plan II Honors Program; Phillip Dubov Plan II Alumni Relations and development specialist. We have two distinguished students with us. Macey *Asara a sophomore Plan II student majoring in Plan II honors rhetoric and writing and cultural anthropology. She is a member of the Plan II Student's Association. And we have Jillian Owens a junior with a triple major in Plan II Honors, religious studies and history. She's president of the Plan II Student's Association and I believe professor Gary Susswein with the Plan II department is in the gallery. Please, let's recognize these outstanding professors, staff, and students from the University of Texas Plan II department. Thank you.

REPRESENTATIVE JOE STRAUS: Is Mr. Coleman on the floor of the House? Is Ms. Farrar on the floor of the House? Members, we're about to go on the calendar. Ms. Harless, Representative Hardcastle. Members, there will be lunch in the member's lounge. Members the Chair lays out on second reading SB 14. Clerk read the bill.

THE CLERK: SB14 by Frazier relating to (drop) to vote. (drop) penalties.(No audio)

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Harless.

REPRESENTATIVE PATRICIA HARLESS: Mr. Speaker, members, I moved to postpone this bill for five minutes for Representative Hardcastle, our good friend, to explain why.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker, members, and the reason my friend, Patricia, is postponing for five minutes is I actually have the first bill on the general calendar and we'd like to go ahead and pass it while the trooper's family is in the gallery. So, Mr. Speaker, I ask to bring up House bill 314.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 314. Clerk will read the bill.

THE CLERK: HB 314 by Hardcastle. Relating to the designation of U.S. Highway 81 as the Corporal David Slaten Memorial Highway.

THE CHAIR: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker, members. Y'all were kind enough to listen to our resolution while ago talking about David Slaten. I mentioned then the resolution and in my speech awhile ago we have already named the highway after David. TxDOT jumped right to and it and did an excellent job putting the signs up. This house bill just puts the -- that portion of Highway 81 as the Corporal David Slaten Memorial Highway. The marker was already approved and was put if place on January 11th of this year and all the community showed up to honor David when we did that. We've already read the resolution and with that members I move passage of House Bill 314.

THE CHAIR: Members does anyone wish to speak for or against House Bill 314. If not Representative Hardcastle moves passage of HB 314. All those in favor say, aye. All those opposed, nay. The ayes have it. HB 314 is passed here in *.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Hardcastle.

REPRESENTATIVE RICK HARDCASTLE: Thank you, Mr. Speaker and members and thank the Calendar's Committee and Ms. Harless for making sure this happens today. Thank y'all.

REPRESENTATIVE JOE STRAUS: Members, Chair lays out again SB14. Clerk will read the bill.

THE CLERK: SB14 by Fraser. Relating to requirements to vote including presenting proof of identification, providing criminal penalties.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Harless.

REP. PATRICIA HARLESS: Thank you, Mr. Speaker, members, the requirement of photo ID is becoming all but necessary in the modern age. Photo ID's are required to drive a car, buy alcohol or cigarettes, to obtain a hunting or fishing license, to open a bank account, to purchase medical prescriptions, to obtain most health or dental care and to rent a hotel room or a car. The appellate court in the Indiana photo voter ID case Crawford v Marion County stated, it is exceedingly difficult to maneuver in today's America without a photo ID and as a consequence, the vast majority of adults have such ID. Ballot access should have at least the same integrity as renting a movie, boarding a commercial plane, or cashing a check. The fact that states across the nation are passing voter ID laws is proof enough that the public's concern regarding the potential of voter fraud. While there is and perhaps will always be a disagreement regarding the extent of voter fraud, the lack of public confidence in our voting system cannot be questioned. People who lack confidence in the election system see no reason to show up and vote. There is potential for fraud in registration, in person voting, and counting the ballots. SB14 is a simple narrowly crafted piece of legislation that only addresses one type of potential fraud, in person voting. SB14 is similar to Georgia's photo ID which was approved by the Department of Justice and Indiana's photo ID which was upheld by the Supreme Court. In upholding Indiana's photo ID law the Supreme Court stated, confidence in the integrity of our election process is essential to the functioning of our participatory democracy. Voter fraud drives honest citizens out of the democratic process and breeds distrust of our government. Voters who fear their legitimate votes will be outweighed by fraudulent ones will feel disenfranchise. This bill is compliant with the U.S. Supreme Court decision which upheld the Indiana voter ID legislation because it deters and detects fraud. It protects the public's confidence in elections, it counts only eligible voters' votes. It also complies with the Supreme Court decision because it offsets the proof on voters by providing free access to free photo ID cards allowing for provisional ballots and absentee ballots. Ensuring that obtaining photo ID no more burdensome or inconvenient than the usual act of voting and provides exceptions for elderly, disabled, or indigent voters. SB14 would require you, a voter, to show a photo ID when voting in person. The acceptable ID's include cards issued by the DPS, driver's license or id card, a military ID, a passport, or a concealed handgun license. These forms of ID must be current or no more than 60 days expired. A current citizen's certificate with a photo is also an acceptable form of identification. Voters who cannot produce an acceptable form of photo ID will be allowed to cast a provisional ballot. That ballot will be counted if the voter returns within six days with the photo ID. There are exceptions to the photo ID legislation which include people who are 70 years old or older as of January 1st, 2012. They may continue to vote with their voter registration card. Indigent people and people with religious objections to be photographed may cast a provisional ballot on election day and return to the registrar within six days with a signed affidavit confirming their exempt status. And voters who are disabled and provide written documentation from the Social Security Administration or the Veteran's Affair Department verifying they are receiving benefits due to the disability and the voter does not have one of the other acceptable forms of ID for voting. SB14 would provide statewide extensive training and notification of the changes in requiring a photo ID to vote. It would provide for free DPS issued ID's to registered voters who request an ID who do not have another acceptable form of identification, photo identification for voting. It also allows a voter to cast a ballot if the name on the ID is substantially similar to the name on the voter's list. In conclusion, in two states with strict photo ID requirements voter turnout has increased since the photo ID laws were enacted. This tells me that photo voter ID requirements increase the public's confidence in the election process which has been shown in these states to increase voter participation. Although we may disagree on how much voter fraud takes place just one fraudulent vote effectively steals one legitimate vote. Elections are too important to leave this unprotected. This legislation is not a radical concept. It is just asking that every voter verify you are who you say you are before casting a vote.

REPRESENTATIVE JOE STRAUS: Mr. Anchia for what purpose?

REP. RAPHAEL ANCHIA: Will the gentle lady yield, please.

REPRESENTATIVE JOE STRAUS: Lady yield?

REP. PATRICIA HARLESS: I will.

REP. RAPHAEL ANCHIA: Representative Harless, good afternoon. Wanted to ask you a couple of questions about Senate Bill 14 and voter impersonation. You eluded to the fact that this bill deals with one specific type of voter fraud, correct?

REP. PATRICIA HARLESS: Yes. Potential voter fraud.

REP. RAPHAEL ANCHIA: And that's voter impersonation.

REP. PATRICIA HARLESS: Yes.

REP. RAPHAEL ANCHIA: And how does -- describe how voter impersonation works?

REP. PATRICIA HARLESS: Someone shows up to the poll with a voter's registration card that may not be theirs and cast a vote with that card.

REP. RAPHAEL ANCHIA: How often does that happen in the State of Texas do you think?

REP. PATRICIA HARLESS: I'm not advised.

REP. RAPHAEL ANCHIA: Do you have a guess? You've gone back and looked at interim reports studies on this issue.

REP. PATRICIA HARLESS: Under our current law there's not really tools necessary to stop this type of in-voter fraud, in fact, most of this in-voter fraud we may not even know about until after the election occurs. We have heard from many witnesses over the last couple of sessions who have testified that voter impersonation in which people's IDs or voter registration card have been used and false votes cast in that person's name is not uncommon.

REP. RAPHAEL ANCHIA: And did they provide any of documented cases or was it anecdotal.

REP. PATRICIA HARLESS: There was information from the Secretary of State but really we don't have the tools to visiter effectively deter or detect this type of voter fraud.

REP. RAPHAEL ANCHIA: I find it interesting that you say we don't have the tools or current law. Are you pretty familiar with the election code.

REP. PATRICIA HARLESS: A little. I've learned more about it the last few months.

REP. RAPHAEL ANCHIA: Me too, me too. What is the penalty for voter impersonation.

REP. PATRICIA HARLESS: As addressed in this bill?

REP. RAPHAEL ANCHIA: No. Current law.

REP. PATRICIA HARLESS: I think --

REP. RAPHAEL ANCHIA: It's under Section 6401 spot 012 of the election code.

REP. PATRICIA HARLESS: And it would be a second-degree felony if they're caught.

REP. RAPHAEL ANCHIA: And so under current law, just to be clear, so the membership knows it's actually a third-degree felony. That's two to ten years in prison and up to $10,000 worth of fines. In the committee substitute that we have before us it's actually bumped to a third-degree felony. So, there's a penalty enhancement from third-degree to second-degree. So, it increases in severity and then there is also an increase -- a correlating increase with the attempted voter impersonation that gets bumped up as well from its current law -- from its current penalty to 180 days -- it's a state jail felony, 180 days in a state jail and an optional fine of $10,000. So, there are some pretty severe penalties both in current law and in your proposed bill, correct -- of felony?

REP. PATRICIA HARLESS: Yes.

REP. RAPHAEL ANCHIA: And in terms of risk reward, how many votes can you change with one case of voter impersonation just --

REP. PATRICIA HARLESS: How many votes can you change?

REP. RAPHAEL ANCHIA: Yeah. So you were very concerned with a legitimate voter being disenfranchised by a someone conducting voter impersonation. Is it a scalable model or when you commit an act of voter impersonation how many votes do you change?

REP. PATRICIA HARLESS: Representative Anchia, this is about restoring confidence in the election process and that one person, one vote. And to get off on the fraud argument or how often it happens or if it even happens, we will never agree on that. The purpose of this legislation is that when you show up to vote, you prove who you say you are, it's a very simple narrow defined bill and we can stay here all day long discussing the fraud but that is not what this bill is about. This bill is about protecting, deterring, and detecting possible fraud in the elections.

REP. RAPHAEL ANCHIA: Sure I'm trying to get at that because you talked about voter impersonation in your layout and I know, I know the narrative changes because when, you know, we've studied this thing for eight years now -- almost six years -- seven years actually and we haven't been able to find widespread voter impersonation. Clearly to support the bill your narrative has to change. So now, it's at about integrity of elections. I understand that. But when going through the current -- you said in your layout, we currently don't have tools to prevent this. So, I was trying to get at the tools that are in current state law. And the first one is sort of the deterrent effect of risking a state jail felony. Two to ten years in jail, $10,000 worth of fines to change what, one vote, right? So, we're talking about deterring effect and risk and my question to you was, is it scalable? I mean when you commit an act of voter impersonation, how many votes do you change?

REP. PATRICIA HARLESS: I think it's possible scalable if you look at the Representative Donna Howard's election and Dan Neil. I think the decision was decided by what, two votes?

REP. RAPHAEL ANCHIA: Were there any cases of voter impersonation there.

REP. PATRICIA HARLESS: I didn't follow it that closely --

REP. RAPHAEL ANCHIA: I believe that there weren't.

REP. PATRICIA HARLESS: Our elections are won or lost on two votes. We need to put every check and balance we can to restore the public's confidence and not only does it restore the public's confidence in the election, there's been documented evidence in the two states that have passed this more restrictive photo ID that voter turnout increases. When people have confidence that their vote counts they are more apt to show up and vote.

REP. RAPHAEL ANCHIA: And those talking points are terrific. Let's try to stay on voter impersonation. Right. So, you said you're not sure of how often it occurs. You believe the tools aren't in place, you acknowledge there's a pretty significant penalty for doing it, correct? A state jail penalty.

REP. PATRICIA HARLESS: As it should be.

REP. RAPHAEL ANCHIA: Yeah. As it should be, correct? So, there's at pretty significant penalty for doing it. So let's talk about voter impersonation at the polling location. Who's typically at the polling location?

REP. PATRICIA HARLESS: As far as administrators or people showing up to vote.

REP. RAPHAEL ANCHIA: Yeah. Under the election code. Who do you -- who's entitled to be at the polling location.

REP. PATRICIA HARLESS: The election judge, election clerks, election officers.

REP. RAPHAEL ANCHIA: And it's your assertion today that those people are powerless to stop voter impersonation, correct?

REP. PATRICIA HARLESS: Powerless is not the world I would use.

REP. RAPHAEL ANCHIA: You said helpless earlier, is that a better word? They don't have the tools.

REP. PATRICIA HARLESS: They need some tools.

REP. RAPHAEL ANCHIA: Okay. Well, are you familiar with Section 32.075 of the election code?

REP. PATRICIA HARLESS: I am not.

REP. RAPHAEL ANCHIA: Section 32.075 of the election code discusses the law enforcement duties and powers of the presiding judge of an election judge. Do you know what they are?

REP. PATRICIA HARLESS: No, but I know you're going to tell me.

REP. RAPHAEL ANCHIA: Yeah, I will, because I just want to clear up the fact that you're concerned that there are no tools. I'll read from that portion of the election code. The presiding judge at a polling location can prevent violations of the election code at the polling place and in performing those duties the presiding judge has the power of a state district judge. Including -- including the power to issue an arrest warrant. Were you aware of that?

REP. PATRICIA HARLESS: No.

REP. RAPHAEL ANCHIA: Do you think issuing an arrest warrant to stop some of this purported voter impersonation is a powerful tool?

REP. PATRICIA HARLESS: I think that the testimony that we've heard in the articles that have been reported on over the last few years, there have been a number of election officers and election judges that said there were people that came in to vote, they had a voter registration, they returned and voted again with a different voter registration and they felt they didn't have the tools necessary --

REP. RAPHAEL ANCHIA: And none of those cases were documented. None of them.

REP. PATRICIA HARLESS: They were reported on.

REP. RAPHAEL ANCHIA: They were reported maybe complaints, possibly investigated by the attorney general but none of them ever documented or conclusively prosecuted, correct?

REP. PATRICIA HARLESS: I don't know if that's correct or not. It was not part of our testimony or committee --

REP. RAPHAEL ANCHIA: But don't you think having the powers of an election judge to issue an arrest warrant to satisfy -- to enforce the provisions of the election code that's not -- you claim that these people are helpless and they don't have the tools but you don't think that's a tool.

REP. PATRICIA HARLESS: I don't think it's a tool when they're not required to show a photo ID when they show up to vote --

REP. RAPHAEL ANCHIA: So, if you're an election judge -- if you're an election judge and you know you have the power of a state district judge to issue an arrest warrant and you see somebody who potentially is committing voter impersonation and you don't do anything about it. Who's fault is that?

REP. PATRICIA HARLESS: I think that it is the legislator's -- legislature's fault --

REP. RAPHAEL ANCHIA: It's our fault.

REP. PATRICIA HARLESS: -- for not putting checks and balances in place that we can require the voter to prove who they are when they show up to vote.

REP. RAPHAEL ANCHIA: Do you have -- and I notice you avoided presenting any evidence of voter impersonation in your layout. Do you have any cases of voter impersonation.

REP. PATRICIA HARLESS: I'm sure you know more about that than I do.

REP. RAPHAEL ANCHIA: Okay. Okay. Your concern is about voters being disenfranchised, right?

REP. PATRICIA HARLESS: I'm concerned about protecting the public's trust and the integrity and the election process.

REP. RAPHAEL ANCHIA: I understand. As am I. As am I. And you believe that passage of this bill will restore confidence among the -- among members of the public in the voting process and restore integrity, correct? That's what you said in your layout.

REP. PATRICIA HARLESS: I do.

REP. RAPHAEL ANCHIA: Okay. And you believe that?

REP. PATRICIA HARLESS: I do.

REP. RAPHAEL ANCHIA: Why does it ignore mail-in ballots.

REP. PATRICIA HARLESS: This bill is only addressing one type of voter fraud in person voter fraud.

REP. RAPHAEL ANCHIA: So -- but that's -- that's really interesting to me because we've got a bill that addresses a narrow type of fraud that you even acknowledged you have no cases of --

REP. PATRICIA HARLESS: I did not say I have no cases of.

REP. RAPHAEL ANCHIA: Give me a case.

REP. PATRICIA HARLESS: I said that they were not part of our testimony.

REP. RAPHAEL ANCHIA: But do you have it -- have you run across a case?

REP. PATRICIA HARLESS: I said there was media reported on. Continue.

REP. RAPHAEL ANCHIA: Okay. Okay. So, but you have no cases -- would it be fair to say that you have no cases today of voter impersonation?

REP. PATRICIA HARLESS: I have no cases we're going to discuss on the House floor about -- that I will discuss on the House floor about.

REP. RAPHAEL ANCHIA: So, there's no cases on the House floor of impersonation. You are yet very, very concerned about the integrity of elections, correct?

REP. PATRICIA HARLESS: Uh-huh.

REP. RAPHAEL ANCHIA: Yet this bill doesn't deal with the type of voter fraud that we've seen most prevalently in the State of Texas which is mail-in ballots, correct?

REP. PATRICIA HARLESS: There are other pieces of legislation that --

REP. RAPHAEL ANCHIA: Have you filed a bill on a mail-in ballots.

REP. PATRICIA HARLESS: No, sir.

REP. RAPHAEL ANCHIA: But you are concerned about legitimately -- legitimately -- legitimate votes that are cast being canceled out by voter fraud, are you not?

REP. PATRICIA HARLESS: I am concerned about public confidence in the elections and verifying that you are who you say you are when you show up to vote. This is not the venue to discuss mail-in ballots.

REP. RAPHAEL ANCHIA: Well, I think it is because if -- now the narrative is changed. Before it used to be, hey, we're really concerned about all these illegally aliens coming across the border and voting and then when there was little to no evidence of that the narrative has changed and now, it's about integrity of elections. Well, the integrity of the elections, if you believe that narrative, also includes fraud that would cancel out a person's legitimately cast vote. Am I correct?

REP. PATRICIA HARLESS: This is not the venue to discuss in-ballot -- mail-in ballot.

REP. RAPHAEL ANCHIA: Where do we discuss it? Do we discuss it in the Senate or in the back hall? Do we discuss it at my desk.

REP. PATRICIA HARLESS: We can discuss it in all those places if you would like.

REP. RAPHAEL ANCHIA: If you have opened the door to the integrity of the elections then I think it's fair game to discuss that type of fraud which we actually do see in the State of Texas --

REP. PATRICIA HARLESS: Well, I look forward to you bringing that bill to the table in this House --

REP. RAPHAEL ANCHIA: Which is specifically ignored by your bill. So, if this is really about the desire to make sure that legitimately cast votes are not counterbalanced or offset and to really restore integrity elections why don't you do anything about mail-in ballots in your bill.

REP. PATRICIA HARLESS: This bill is to address in person possible voter fraud. I appreciate you bringing up the mail-in ballot and I look forward to your bill that you will bring addressing that type of fraud.

REP. RAPHAEL ANCHIA: Well, I actually chaired a committee on that and I've had in the past mail-in ballot on that -- I also find it --

REP. PATRICIA HARLESS: I look forward to helping you with it.

REP. RAPHAEL ANCHIA: But here's the quandary for this body. If you say passing this bill is going restore integrity elections you do nothing in the bill to deal with mail-in ballots and 70 percent of all the prosecutions by the attorney general have been mail-in ballots then you're really not restoring integrity elections. Because people like they have for the last six years will be reading about mail-in ballot fraud, mail-in ballot fraud, mail-in-fraud --

REPRESENTATIVE JOE STRAUS: Representative Geren raises point of order. Gentleman's time is expired. The point is well taken and sustained.

REP. RAPHAEL ANCHIA: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Anchia for a purpose.

REP. RAPHAEL ANCHIA: I move that the lady's time be extended.

REPRESENTATIVE JOE STRAUS: Members, you've heard the motion is there objection? Chair hears none. The time is extended.

REP. RAPHAEL ANCHIA: Thank you, Mr. Speaker. Let's talk a little bit about the voting rights act, if you don't mind? How much money is in the bill for informing Texans about the change in the law?

REP. PATRICIA HARLESS: The fiscal note on the bill is $2 million 24,000.

REP. RAPHAEL ANCHIA: Okay. And where's that money going to come from?

REP. PATRICIA HARLESS: That money is already appropriated in our base budget that Chairman Pitts presented. We have officially $43 million of HAVA funds, Help America Vote Funds, leftover from past sessions. And we are pretty confident once we request the approval of use of those funds that we can use those funds to offset that cost of this fiscal note.

REP. RAPHAEL ANCHIA: And what is that request going to entail?

REP. PATRICIA HARLESS: It entails writing to the Department of Elections Assistance.

REP. RAPHAEL ANCHIA: The Elections Assistance Commission, the EAC?

REP. PATRICIA HARLESS: Yes.

REP. RAPHAEL ANCHIA: And does it also require amendment of our state plan.

REP. PATRICIA HARLESS: I'm not advised.

REP. RAPHAEL ANCHIA: Okay. Let me ask you about how those funds are doing to spent. How many of those HAVA funds that are appropriated in this bill are going to be dedicated to educating Latinos, African Americans, and Asians on the new photo identification requirement under Senate Bill 14?

REP. PATRICIA HARLESS: The methodology in the fiscal note says that there will be $2 million for the fiscal year 2012. An estimated five -- or half a million dollars to research and develop ways to inform the public on new identification requirements. Additional cost of 1.5 million in media advertising, television -- of a breakdown of that 750,000 in television; 300,000 in radio; 300,000 in print; and internet of 150,000. The Secretary of State indicates federal funds associated with Help of America Vote Act maybe available for use but the agency will need to verify that with the federal government once this is past.

REP. RAPHAEL ANCHIA: And the Voting Rights Act covers the State of Texas, correct?

REP. PATRICIA HARLESS: Excuse me?

REP. RAPHAEL ANCHIA: I'm sorry. The Voting Rights act covers the State of Texas, correct?

REP. PATRICIA HARLESS: Yes.

REP. RAPHAEL ANCHIA: And the -- there are protected classes under the Voting Rights Act, correct?

REP. PATRICIA HARLESS: Yes.

REP. RAPHAEL ANCHIA: So, my question didn't relate generally to what the fiscal note said. It related specifically to Latinos and African Americans. I also included Asian Americans because of your home county, Harris County, that has significant Asian American population. So, what percentages of the $2 million will be dedicated to those protected classes.

REP. PATRICIA HARLESS: It is not broken out specifically in the bill. I think that this bill will increase turnout in education among all voters.

REP. RAPHAEL ANCHIA: Okay. But there's nothing in your bill dealing specifically with Latinos or African Americans, correct?

REP. PATRICIA HARLESS: It will increase turnout of all voters and education of all voters.

REP. RAPHAEL ANCHIA: But is there -- I'll rephrase the question in case we don't understand --

REP. PATRICIA HARLESS: I'm a blond and that happens.

REP. RAPHAEL ANCHIA: Is there anything in you bill that specifically requires education of Latinos and African Americans covered under the Voting Rights Act. I'll throw in Asians as well.

REP. PATRICIA HARLESS: The bill that we filed is modeled on the Georgia and Indiana legislation that have both been upheld by the U.S. Constitution and precleared by the Department of Justice we put --

REP. RAPHAEL ANCHIA: Do you know what's in your bill.

REP. PATRICIA HARLESS: I think I do. I read it several times.

REP. RAPHAEL ANCHIA: Okay. So if you know what's in your bill you can answer this question. Is there any funding specifically dedicated to Latinos or African Americans or Asians which are protected classes under the Voting Rights Act? I mean it's either in there or it's not.

REP. PATRICIA HARLESS: The funding in the bill provides education for all voters across the State of Texas.

REP. RAPHAEL ANCHIA: Not specifically -- not specifically, correct?

REP. PATRICIA HARLESS: It does not specifically carve anything out. This will increase voter turnout and education for all voters.

REP. RAPHAEL ANCHIA: Will the educational materials and promotional materials be presented in English, Spanish, and Vietnamese with respect to Harris County.

REP. PATRICIA HARLESS: They will be printed in the language that the counties are required to provide the language in.

REP. RAPHAEL ANCHIA: But there's nothing in your bill that specifically states that you will have bilingual, Spanish, English, Vietnamese documents, correct.

REP. PATRICIA HARLESS: There was an amendment that was added in the Senate that says the website in each language which the voter's registration materials are available.

REP. RAPHAEL ANCHIA: Right. And the website is --

REP. PATRICIA HARLESS: Is that what you're asking?

REP. RAPHAEL ANCHIA: Slightly different. The website is a little bit different than the promotional and educational materials that are going to be distributed to people who may be in a protected class. So, I was just trying to get at whether your bill includes anything related to promotional materials in English, Spanish, and Vietnamese.

REP. PATRICIA HARLESS: It allows for the printing in the language that the counties are required to on all the notices, at the polling places, and that the county registrar will provide.

REP. RAPHAEL ANCHIA: And that language is in your bill?

REP. PATRICIA HARLESS: Yes.

REP. RAPHAEL ANCHIA: Okay. Can you tell me where?

REP. PATRICIA HARLESS: Well, Section 31.012.

REP. RAPHAEL ANCHIA: On what page really quickly?

REP. PATRICIA HARLESS: Page 3 under Section 5.

REP. RAPHAEL ANCHIA: Okay. Under Section 5.

REP. PATRICIA HARLESS: Talks about the languages. And that is also --

REP. RAPHAEL ANCHIA: Each language which voter's registration is materials -- materials are available. I do see it in your bill but it specifically --

REP. PATRICIA HARLESS: That's also a requirement of the Federal Voter Right Act.

REP. RAPHAEL ANCHIA: The Voting Rights Act?

REP. PATRICIA HARLESS: Right.

REP. RAPHAEL ANCHIA: Okay. But I'm asking a slightly different question. Will the -- for example, TV and radio, and additional notices that are above and beyond this -- this section of your bill which is the posted notice. Is -- are those -- is TV and radio going to be done in multiple languages?

REP. PATRICIA HARLESS: To my understanding, the testimony that we had in committee where you were at, the Secretary of State Ann McGeehan said that they would look at the best practices of other states and decide the best way to accommodate that. So, I don't know that that specific question was answered from the testimony in committee. You were there.

REP. RAPHAEL ANCHIA: I don't believe it was and I don't think it's included in the bill either.

REP. PATRICIA HARLESS: So, next question.

REP. RAPHAEL ANCHIA: Yeah. So what efforts will be made to ensure that African Americans and Latinos will be able to access freedom identification documents. Are there going to be mobile units or any specific outreach?

REP. PATRICIA HARLESS: There was no testimony on that.

REP. RAPHAEL ANCHIA: No. But what does your bill say?

REP. PATRICIA HARLESS: There is specifics in that. That will be up to the Secretary of State to divide -- decide those procedures.

REP. RAPHAEL ANCHIA: Have you -- and I know you've done a lot of work on this bill and a lot of research -- what academic studies have you run across to determine the number of minorities that lack required photo identification.

REP. PATRICIA HARLESS: From all the testimony that we've had in committee, there was no possible way to determine that.

REP. RAPHAEL ANCHIA: And you're not aware of any academic studies which is what my question was asking. Any academic studies that deal with that issue.

REP. PATRICIA HARLESS: There are so many studies out there that -- no. They all look the same in my head and I only had this notebook so I couldn't bring everything.

REP. RAPHAEL ANCHIA: Are you aware of any studies conducted by a state agency to project the number of voters that lack the required identification and what percentage of these voters are African American or Hispanic? Are you aware of any studies like that?

REP. PATRICIA HARLESS: I did not see any testimony.

REP. RAPHAEL ANCHIA: But are you aware of any studies above and beyond the testimony.

REP. PATRICIA HARLESS: No. Not advised.

REP. RAPHAEL ANCHIA: Why are the identification requirements of Senate Bill 14 more restrictive than Senate Bill 362 from last session? Is there any evidence to suggest something's changed?

REP. PATRICIA HARLESS: We've had two additional years to see that photo ID is working in other states. We've also had two additional years to hear from the public on their concerns of the integrity of the ballot box. Only a true photo ID bill can deter and detect fraud at the polls and can protect the public's confidence in the election.

REP. RAPHAEL ANCHIA: Is it -- is it possible that Latinos and African Americans in Texas will be put in worse a position in terms of electoral power as a result of Senate Bill 14.

REP. PATRICIA HARLESS: I believe with all my heart this bill will increase turnout of all voters in the State of Texas.

REP. RAPHAEL ANCHIA: What if you're wrong? Are there any safeguards in the bill to remedy the situation; for example, a sunset provision if we see there are substantial numbers of African Americans and Latinos that are disenfranchised by the bill.

REP. PATRICIA HARLESS: In the two states that have passed this type of photo -- similar bills that -- to our bill they have showed increase in elections for the minorities and I think that we will see the same results in Texas. This will increase turnout of all voters because of the restored confidence that their vote counts.

REP. RAPHAEL ANCHIA: Okay. And just to be clear, Indiana which is one of the states is not a Voting Rights Act covered jurisdiction, right?

REP. PATRICIA HARLESS: Right.

REP. RAPHAEL ANCHIA: And Georgia which is Voting Rights Act covered doesn't have as large of a Latino population as Texas, correct?

REP. PATRICIA HARLESS: I have no idea.

REP. RAPHAEL ANCHIA: Okay. Well, I would submit to you it doesn't. Is there any trigger mechanism for more funding or increased outreach if something does go wrong in the bill and it turns out Latinos and African Americans are disenfranchised.

REP. PATRICIA HARLESS: The testimony of the LBB --

REPRESENTATIVE JOE STRAUS: Representative Geren, raises a point of order. The gentleman's time has expired. The point is well taken and sustained.

REP. RAPHAEL ANCHIA: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Anchia for what purpose?

REP. RAPHAEL ANCHIA: I'd like to ask that the exchange between Representative Harless and myself related to the Voting Rights Act be reduced to writing and placed in the record, please.

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

REPRESENTATIVE JOE STRAUS: Following amendment. Clerk will read the amendment. Mr. Anchia, for what purpose?

REPRESENTATIVE RAPHAEL ANCHIA: Mr. Speaker, I move for the gentle lady's time, please.

REPRESENTATIVE JOE STRAUS: Members this is the second extension of time. Is there objection? Chair hears objection. The following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Anchia.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Anchia.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker and members. I'm under no elusion as to what the outcome is going to be today but I just want to remind everybody how we got here. The narrative started, I guess, a couple of years ago with allegations of busloads of undocumented immigrants coming in and voting in our elections and stealing our elections. I mean, if that happens, and clearly they're all voting straight ticket Republican if the results of the last election are to believed -- to be believed, but we see no -- we just taught them how, right, *Tuffy? We've seen no evidence of that despite us studying this issue since 2004 and after I got elected in 2004 there was about election contest between former Representative Talmadge Heflin and my good friend and colleague Hubert Vo. And there were wild allegations, wild allegations of noncitizen Vietnamese voting and after a special election -- excuse me a special committee was appointed and a special master looked at the issue it turns out that there was one noncitizen who voted. He voted with a ID. He was a legal permanent resident not from Vietnam or Mexico. He was from Norway. His vote would not have been prevented by the current bill. In 2005 Mary Denny filed our first photo ID bill. She took testimony and she couldn't find any cases of voter impersonation. In 2006 I sat on the interim committee and we studied it again and again no documented cases of voter impersonation. In 2006 the AG said that voter fraud was epidemic. And he started multiple year investigation that resulted in one case of voter impersonation, again, ironically that would not have been prevented by this current Bill because he used -- the perpetrator used a photo ID. In 2007 we again heard testimony and again found no evidence of voter impersonation. On the House floor in 2007 Representative Betty Brown, the author of the photo ID bill, held up a stack of papers where she alleged that there was a great number of illegal immigrants that were voting in our elections. And Representative Hochberg examined those papers. The alleges were proved to be false. At that point the Republican DA of San Antonio launched a county wide initiative on voter fraud and found no cases of voter impersonation. In the 2008 interim the Elections Committee chair wrote a letter seizing upon the state audit of our state wide voter registration database that -- saying that 90,000 felons and illegal aliens had voted. That also proved to be false and he was forced to retract the statement to the press. In 2009, again, we took testimony until the late hours and again no documented cases of voter impersonation and we have recently conducted an election contest where again hundreds of votes were examined and no cases of voter impersonation. So ladies and gentlemen, the goalpost is now moved because as the authors pointed out this is no longer about voter impersonation. This is about the integrity of elections. Really? Do we really believe that? Because if this was about the integrity of elections, then we would clearly be focused on the place where 90 percent -- or 70 percent of all the attorney general's investigations have been. Excuse me, investigations and prosecutions have been. Which is in mail-in ballots. If we really cared about the one person -- the person that gets disenfranchised because a fraudulent vote is cast then the emergency would not be voter impersonation, the emergency would be mail-in ballots. Yet this bill specifically -- specifically ignores mail-in ballots. So day after day even if this bill passed, people are going to hear about illegal voting through mail-in ballots. They'll read articles in the Texas Watchdog that will be circulated around on blogs to talk about mail-in ballot fraud. And this bill will have done nothing to increase confidence in elections or integrity in elections. The reality is that after we pass this bill people are not going feel any better about mail-in ballot fraud, the incidents of fraud. They're not going to feel any better about electronic voting which has lowered confidence in elections. So, the narrative, understandably so, has changed from the authors of the photo ID bill from voter impersonation that is there is little to no evidence of, to the integrity of elections. I also find it ironic that the type of voter fraud that this -- that this bill seeks to address is one that happens in public. It happens in front of election judges --

REPRESENTATIVE VAN TAYLOR: Mr. Speaker?

REPRESENTATIVE RAPHAEL ANCHIA: -- it happens in front of witnesses, in fact, it happens in front of election's judges that --

REPRESENTATIVE JOE STRAUS: Mr. Taylor for what purpose?

REPRESENTATIVE VAN TAYLOR: Will the gentleman yield?

REPRESENTATIVE RAPHAEL ANCHIA: Not at this time. When I conclude my comments, Representative Taylor, I'm happy to have my time extended as long as you want. I afforded the lady the courtesy to layout her bill and I'm going to layout mine. Thank you. So, you're dealing with the type of fraud that occurs in public in front of witnesses frequently with law enforcement involved and present at the polling location and the anonymous type of fraud which is mail-in ballot is completely ignored by this bill. It happens in the shadows away from the polling location with no judges, with no witnesses. That's the type that we should be concerned about but is exempted by this bill. I ask the author about academic studies that she's looked at to gauge the potential disenfranchising impact of this bill on African Americans, and Latinos because my fear is that this bill is not going to increase integrity soft elections but instead is going to keep legitimately eligible Texans from the polls. In 2006 the Brennan Center at New York University law school found that 25 percent of African Americans have no government issued photo ID nor do 18 percent of seniors over 65 not 70 as the bill says but 65 nor do 15 percent of all people earning under 35,000 a year. Not 15,000 a year like the bill says. A study of voters in Wisconsin that talked about the driver's license status of the voting age population pointed out that less than 47 percent of Milwaukee County African Americans and 43 percent of Hispanics have valid driver's licenses. A paper at Rutgers University from professor's Vercellotti and Andersen looked at the effects of voter identification requirements on turnout and found that voters are less likely to vote than those who don't have photo ID requirements. And my fear is, members, that the way this Bill is crafted it's going to have a disproportionate impact on the poor. It's going to have -- and not indigent, as the bill says, but the poor, on African Americans and on Hispanics and I hope that this is not what it's about because we know it's not about voter impersonation. We still don't have one case here on the House floor and we know about -- it's not about the integrity of the elections because if it was about the integrity of elections it would be about mail-in ballots. And so we know it's not about those. I fear that, members, that it's about something else. And it's about fewer people voting. Of all Americans without a license, 70 percent are women. Women are more than twice as likely not to have a driver's license. One of every five senior women does not have a driver's license and even though this bill picks up 70 years old you become a senior much earlier than that. Now, let's talk about what the real crisis is in Texas elections, in Texas democracy. It's not that too many people are voting. It's that too few are voting. If you look at the elections of 2000 when you had a sitting Texas governor running for president we ranked 42nd out of 50 states in terms of voter turnout. When you fast forward to 2004, when you had a sitting Texas president, we ranked 46th out of 50 states in terms of voter turnout. In 2008 with all of the excitement surrounding the candidates in Texas, we were 48th out of 50 states in terms of voter turnout. And during the last election cycle members we were 50th out 50 states in terms election turnout. So, if you believe that the Texas democracy is strengthened by active voter participation then the real crisis is not voter impersonation, it's not this ephemeral integrity elections that will not be solved by this bill, it is that too few people are voting in our Texas elections. This bill does nothing to allow more people to vote in elections instead it places additional hurdles in front of eligible Texans that should be given the right to vote. And ladies and gentlemen I fear that that's what this bill is about. I'm hope, that during the debate today we're going to have a number of amendments today that deal with the affidavits that are contained in this bill and broadening those affidavits to make sure that Texans are not left behind. We're going to have a number of amendments increasing the types of photo ID not nonphoto ID but photo ID that can be used to satisfy this bill. And we're going to have a number of amendments related to education and implementation of this bill. Because I hope -- we're not --

REPRESENTATIVE JOE STRAUS: Representative Geren raises a point of order. The gentleman's time is expired. The point of order is well taken and sustained.

REPRESENTATIVE VAN TAYLOR: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Taylor for what purpose?

REPRESENTATIVE VAN TAYLOR: Will the gentleman yield?

REPRESENTATIVE JOE STRAUS: The gentleman's time is expired.

REPRESENTATIVE VAN TAYLOR: Move to extend the time Mr. Speaker.

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

REPRESENTATIVE VAN TAYLOR: Mr. Speaker?

REPRESENTATIVE JOE STRAUS: The gentleman yield?

REPRESENTATIVE RAPHAEL ANCHIA: I yield.

REPRESENTATIVE JOE STRAUS: Gentleman yields.

REPRESENTATIVE VAN TAYLOR: Representative Anchia you were elected in 2004; is that correct?

REPRESENTATIVE RAPHAEL ANCHIA: Yes. November of 2004.

REPRESENTATIVE VAN TAYLOR: All right. In November of 2004 I was actually an election observer in your district. And I watched a voter come in and present her -- present her photo ID to attempt to vote and she was informed by the election judge that she had already voted. And she told the election judge that's not possible I was out of the country for the last two weeks. I could not have voted early. Sadly this voter perhaps wanting to vote for you had her vote stolen from her. Would your amendment help that voter keep her vote.

REPRESENTATIVE RAPHAEL ANCHIA: No, in fact, I'm kind of curious if -- was that ever turned over to the District Attorney then District Attorney Hill? Did he prosecute the case? Because clearly if someone had stolen her vote, if it was not a clerical error as many times is the case when people are having shown as voted when they didn't, I'd be curious to know if -- if the proper channels were used with the existing enforcement infrastructure that we have and I don't know.

REPRESENTATIVE VAN TAYLOR: Do you -- it is my -- we hope that this bill will stop the kind of -- the stolen vote that I witnessed in your district in 2004. Doesn't your amendment take away our ability to stop this kind of fraud?

REPRESENTATIVE RAPHAEL ANCHIA: No, not at all. In fact, our ability to stop this kind of fraud is -- remains intact. I mean, what should have happened in that situation -- we don't know if that was in person -- I hope you're not alleging that -- that you know for a fact that it was in person versus mail-in ballot fraud, right? You don't know that, do you?

REPRESENTATIVE VAN TAYLOR: It had to be in person.

REPRESENTATIVE RAPHAEL ANCHIA: Explain that to me.

REPRESENTATIVE VAN TAYLOR: Well, it had to be in person because the election judge when they went over the rolls determined that the voter had voted early.

REPRESENTATIVE RAPHAEL ANCHIA: Okay. And was it determined that it was actually fraud or mistake?

REPRESENTATIVE VAN TAYLOR: Unknown.

REPRESENTATIVE RAPHAEL ANCHIA: Unknown. Okay. So let's -- because many times when you hear reports in the media about this widespread fraud and when election officials go back to check, a poll worker checked the wrong box, a person signed in the wrong place. So, I mean -- I would refrain from jumping to conclusions about -- about whether it was fraud and I fear that's what we've based and predicated this bill on, is anecdote, is suspicion, is in some cases outright falsehood, and I fear that we're making policy when we have tools in place already. It's a state jail felony. And I would submit to you the reason I don't think voter impersonation happens is because it's too risky for people to show up having stolen somebody else's voter registration certificate and subject themselves to change one vote -- subject themselves to two to ten years in jail, $10,000 worth of fine in front of witnesses including someone who has the powers -- including the powers of arrest of a state district judge. And that's why -- that's why we see most of the fraud that we do see in mail-in ballots because it's scalable, you can get more mail-in ballots, it is anonymous and it has -- and you don't have to do it in front of witnesses where you're committing illegal voting or voter impersonation and subject yourself to that. The penalties are lower. So, that's why I don't think it happens in the frequency that many people imagine or allege or suspect. And so, I think a lot of cases that you're bringing up today which are probably mistake rather than fraud get publicized or *up when it turned out it was something else.

REPRESENTATIVE VAN TAYLOR: Sure. Well, this particular voter after discovering that they couldn't vote, asked the question where is my voter registration card? I never received it. Now, under current law a voter registration card which has no photograph on it a person could use that as identification, correct?

REPRESENTATIVE RAPHAEL ANCHIA: You know, I'm glad you brought up the photo -- voter registration card because under this bill they'll have no purpose right? A voter registration card if we move to a photo ID standard you'll really will be useless other than maybe mailing people information. The irony is that the quick fix on this is that you could put people's photograph on a voter registration card and make it incumbent upon the state to do that but that approach has never been accepted. We've offered it many times here on the House floor and the majority has always chosen to resist that even though that's the simplest and most straightforward way to solve the problem.

REPRESENTATIVE VAN TAYLOR: Thank you, Representative Anchia.

REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Representative Taylor. Mr. Speaker?

REPRESENTATIVE JOE STRAUS: Mr. Anchia, for what purpose?

REPRESENTATIVE RAPHAEL ANCHIA: Mr. Speaker, because my -- my amendment strikes the enacting clause and I know that that will be the outcome -- I know what the outcome will be of this vote. I'm not going make people take a vote on this. But what I will ask the members of the House is to look at these amendments with an open mind. These amendments deal with the affidavit bypass provisions that already exist in the bill. These amendments are going to deal with the types of photo ID or the types of ID that people are allowed to bring to the polling location, so, they're not disenfranchised. So, Mr. Speaker, I'm going to pull down this amendment which strikes the enacting clause and instead I'm going to go ahead and withdraw it and ask that the membership really be constructive and listen to the debate, listen to the amendments because I think there are opportunities to fix this Bill so that legitimately eligible and registered Texans are not left behind. Thank you. I withdraw the amendment.

REPRESENTATIVE JOE STRAUS: The amendment is withdrawn. The following amendment. The clerk will read the amendment.

THE CLERK: Amendment by Giddings.

REPRESENTATIVE JOE STRAUS: Chair recognizes representative Giddings.

REPRESENTATIVE HELEN GIDDINGS: Thank you, Mr. Speaker. Sorry. Members, this amendment would allow a person who is a victim of identity theft within 45 days of an election to present an affidavit notarized under the penalties of perjury asserting that their proof of identification have been stolen along with a copy of an official police report. It would allow that person with those two documents to have an exemption and be allowed to vote in the election. I think we want to make sure that we do everything that we can to allow every eligible voter to vote and not disenfranchise any voters.

REPRESENTATIVE JOE STRAUS: Representative Munoz, for what purpose?

REPRESENTATIVE SERGIO MUNOZ: Will the gentle lady yield for a question?

REPRESENTATIVE JOE STRAUS: Lady yield?

REPRESENTATIVE HELEN GIDDINGS: Yes.

REPRESENTATIVE JOE STRAUS: Lady yields.

REPRESENTATIVE SERGIO MUNOZ: Thank you. Representative, when an individual goes to vote is there any system in place currently in which the election worker can ascertain if the voter is a victim of the identity theft?

REPRESENTATIVE HELEN GIDDINGS: I'm sorry, I could not hear you.

REPRESENTATIVE SERGIO MUNOZ: When an individual goes to vote, is there any system in place currently by which the election worker can ascertain that the voter is a victim of ID theft.

REPRESENTATIVE HELEN GIDDINGS: Not that I am aware of. And it is a very, very serious issue because as most of the members of the House know I, myself, have been a victim of identity theft. And there is a period of time when you're trying to get a new driver's license and a new Social Security card and whatever else that you may not have any photo proof of identity.

REPRESENTATIVE SERGIO MUNOZ: So, you feel that this would be necessary to protect those individuals that have been the victim of identity theft, correct?

REPRESENTATIVE HELEN GIDDINGS: Yes, I do because we want to do everything we can to make sure that no eligible voter is disenfranchised and I think that's what we do with this amendment. It's a very narrowly drafted amendment and it only applies to those people who have two things: One, they have an affidavit that has been executed under the penalties of perjury that they are a victim of identity theft and they have a verifying document and an official police report. So they have two items that they can present at the election's office.

REPRESENTATIVE SERGIO MUNOZ: Thank you, Representative.

REPRESENTATIVE HELEN GIDDINGS: Mr. Speaker, I move adoption.

REPRESENTATIVE JOE STRAUS: Is anyone wishing to speak for or against the amendment? If not, members, the question occurs on the adoption of the Giddings amendment. Chair recognizes Representative Harless.

REP. PATRICIA HARLESS: Mr. Members, Speakers, I would ask you to move to table the exemptions photo ID requirements, signed affidavit that it's stolen. It takes away some of the photo identification proof that will be presented in this bill. So, I move to table.

REP. SCOTT HOCHBERG: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Hochberg, for what purpose?

REP. SCOTT HOCHBERG: Will the gentle lady yield for a question?

REPRESENTATIVE JOE STRAUS: Does the lady yield?

REPRESENTATIVE PATRICIA HARLESS: Yes, sir.

REP. SCOTT HOCHBERG: Representative Harless, maybe I don't understand this correctly but this is for somebody who has their driver -- their photo ID stolen. And so, without accepting this then would that person not be able to vote?

REPRESENTATIVE PATRICIA HARLESS: Just like IDs that can be fake. Police reports can also be faked. Just because you have --

REP. SCOTT HOCHBERG: I'm sorry ma'am I can barely hear you.

REPRESENTATIVE PATRICIA HARLESS: Just like IDs that can be fake. So can police reports. Just because you have your identification stolen does not mean that you do not have a photo ID. You should be able to present a photo ID and the police report. There are other forms of the photo ID.

REP. SCOTT HOCHBERG: Like a passport.

REPRESENTATIVE PATRICIA HARLESS: A passport, a CHL --

REP. SCOTT HOCHBERG: A CHL? All right. I'm sorry, I confess, I don't have a CHL.

REP. PATRICIA HARLESS: Do you have a passport?

REP. SCOTT HOCHBERG: I do but I'll bet you a whole lot of the people in my district don't.

REPRESENTATIVE PATRICIA HARLESS: I don't know how many people in your district don't have a passport.

REP. SCOTT HOCHBERG: So if they get their license -- if they get their licenses stolen and they file a police report, that's not good enough? You take away their right -- so if I want to take away Ms. Giddings right to vote I just need to grab her purse so that I'll get her license.

REPRESENTATIVE PATRICIA HARLESS: If they do not have their driver's license because it's stolen they can show up to the voting place cast a provisional ballot and show back up in six days with their ID and their ballot will be counted.

REP. SCOTT HOCHBERG: So is DPS going to provide that within six days?

REPRESENTATIVE PATRICIA HARLESS: I am not advised.

REP. SCOTT HOCHBERG: I don't think so. I think it takes a lot longer than that.

REPRESENTATIVE PATRICIA HARLESS: I think there are alternative ways of showing --

REP. SCOTT HOCHBERG: All right. So you're identity theft then you lose your right to vote.

REPRESENTATIVE PATRICIA HARLESS: I disagree with that. I move to table.

REPRESENTATIVE ARMANDO MARTINEZ: Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Mr. Martinez, for what purpose?

REPRESENTATIVE ARMANDO MARTINEZ: Will the gentle lady yield?

REPRESENTATIVE JOE STRAUS: Lady yield? Ms. Harless, do you yield?

REPRESENTATIVE PATRICIA HARLESS: Yes.

REPRESENTATIVE ARMANDO MARTINEZ: Ms. Harless, in regard to this that the individual would not be able to vote if he loses his voter ID and in regard to the presentation of identification does it fall in within that six day?

REPRESENTATIVE PATRICIA HARLESS: Yes.

REPRESENTATIVE ARMANDO MARTINEZ: Okay. And so then could you explain that six day for me. Is that calendar days or is that business days? How does that work?

REPRESENTATIVE PATRICIA HARLESS: That is six days.

REPRESENTATIVE ARMANDO MARTINEZ: Six days. But that's business days or that's --

REPRESENTATIVE PATRICIA HARLESS: That is six days, calendar days.

REPRESENTATIVE ARMANDO MARTINEZ: Six calendar days. Okay. So then six business days would be -- how could you explain business days to me?

REPRESENTATIVE PATRICIA HARLESS: Excuse me?

REPRESENTATIVE ARMANDO MARTINEZ: How could you explain business days to me.

REP. PATRICIA HARLESS: The bill does not address business days.

REPRESENTATIVE ARMANDO MARTINEZ: Okay. Mr. Speaker, it does not address business days. Mr. Speaker, I'd like to raise a point of order upon further consideration of committee's substitute Senate Bill 175 on the grounds that it violates Rule 4, Section 32, subsection C2 Texas House rules.

REPRESENTATIVE JOE STRAUS: Bring your point of order down front.

REPRESENTATIVE JOE STRAUS: Mr. Martinez raises a point of order under Rule 4, Section 32C Section 2 and F that the bill analysis is substantially and materially misleading. Specifically because the bill analysis refers to six business days while the text of the bill refers only to six days. The chair has reviewed the bill and the bill analysis and finds the reference in the bill analysis to be materially or substantially misleading in the context of the bill. The point of order is sustained. Excuse Representative Gutierrez because of important business on motion of Representative Burnam. Is there objection? Chair hears none. So ordered. Members, if you have any announcements bring them down front. Chair recognizes Representative Deshotel for an announcement.

REPRESENTATIVE JOE DESHOTEL: Thank you, Mr. Speaker. I just wanted to remind the Committee on Business and Industry will reconvene in ten minutes after adjournment. Thank you. Chair recognizes Representative Hildebrand for an announcement.

REPRESENTATIVE HARVEY HILDERBRAN: Thank you, Mr. Speaker. Just wanted for the Ways and Means Committee. We will reconvene about 15 minutes after we adjourn, reconvene, we recessed early until after adjournment of the House and we'll be going back in this afternoon in the same room.

REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Gonzales for an announcement.

REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker, members, I just wanted to remind the Committee on Boardroom and Governmental Affairs that we will be meeting at 2:00 p.m. today.

REPRESENTATIVE JOE STRAUS: Mr. Bonnen? Chair recognizes representative Farrar for an announcement.

REPRESENTATIVE JESSICA FARRAR: Mr. Speaker and members. The House Democratic Caucus will meet upon adjournment of -- or during the reading and referring of bills, excuse me, in the old Supreme Court room.

REPRESENTATIVE JOE STRAUS: Are there any other announcements? Being no other announcements, Representative Taylor moves that the House stand adjourned pending the reading and referral of bills until 10:00 a.m. tomorrow. House stands adjourned. Chair recognizes Ms. Farrar for an announcement.

REPRESENTATIVE JESSICA FARRAR: Mr. Speaker, members, apparently we are not having reading and referral of bills today. So, the House Democratic Caucus will meet immediately upon adjournment, right now, in the old Supreme Court room. Thank you.

REPRESENTATIVE JOE STRAUS: House stands finally adjourned.