REPRESENTATIVE YVONNE DAVIS: Thank you Mr. Speaker members I'd like to introduce the Pastor of the Day. We have Dr. Patrick Rucker, who is an educated manager, preacher, pastor and leader. Dr. Rucker received his undergraduate degree from Central Methodist College, his Masters from Texas A&M. He later received a doctorate degree in theology and philosophy. Dr. Rucker was born in New Orleans and his parents are Willie and Bernice Rucker. Currently, Dr. Rucker is the pastor of Koinonia Missionary Baptist Church in Dallas, Texas. And will you join me in welcoming him for the prayer?
PASTOR PATRICK RUCKER: Let us pray. Oh, God, our creator and our redeemer, we pause now to acknowledge you as our guide, our protecter and our only hope. We thank you, oh God, for this day that you have given to us, and pray that everything that we do on this day will be pleasing in thy sight and glorifying to your name. Oh, God, as these elected officials go about their daily affairs conducting business for the benefit of the people of Texas, we pray for those and this world who are struggling with natural disaster. We pray for the people of Japan who have suffered loss of life, loss of belongings, loss of shelter, loss of hope, and loss of direction. Oh, God, we pause to pray for those who are engaged and incarcerated in war, and for those who are fighting for democracy and civil liberties. Oh, god, we pause to pray for our troops as they serve with courage and valor in Afghanistan and Iraq and around the world. We call to you for their strength and protection at every moment. Oh, God, we pause to pray for the wounded and the veterans to receive the healing and support they need. And we pray for every family, for they will be encouraged and helped by those around during the period of sacrifice. Oh, God, we pause to pray for our country, our leader, Mr. Obama, and those who sit in places of national government and leadership. Oh, God, we thank you for these elected officials, our governor, our senators, our state representatives that have committed their time and have made their personal sacrifices to serve their respective communities. I ask, Lord, that you bless them in a special way. Bless their homes and families and the communities to which they give service. Oh, God, we pause to say that we need you in all of our endeavors and our lives, so we live by your promise that you would not leave us, nor would you forsake us. Hear our prayer, Oh Lord, and grant us thy peace. In the name of Jesus, we pray. Amen.
JOE STRAUS: Chair recognizes Representative Gonzalez to lead us in the pledge.
REPRESENTATIVE VERONICA GONZALES: Thank you for being here today and welcome to your Texas House. Mr. Speaker, esteemed colleagues, please, join me in the Pledge of Allegiance to the United States flag and to the Texas flag. (Pledge to the United States flag.) (Pledge to the Texas flag.)
JOE STRAUS: Representative Gonzalez moves to suspend the house reading and referral of bills until the end of today's business. Is there objection? I hear none. So ordered. Chair recognizes Representative Christian to introduce our Doctor of the Day.
REPRESENTATIVE WAYNE CHRISTIAN: Thank you, Mr. Speaker. Members I'm honored to introduce Dr. Ron McMurry from Jasper, Texas. Dr. McMurry has become a great friend over the last several years and in every session has come to service us as Doctor of the Day. He's one of these guys I have learned to respect tremendously. In Vietnam he won both a Bronze and a Silver Star. I want to be the movie that shows how to jump from the helicopter that there to carry him out to stay with those soldiers that were wounded on the battlefield. A genuine American hero. So many of you veterans served and we honor. The only trouble I have had with Dr. McMurry is that he's a lifelong democrat and refuses to change. Other than that, welcome our Doctor of the Day, Dr. Ron McMurry.
REPRESENTATIVE DONNA HOWARD: Members, the chair recognizes Representative Hamilton for a recognition.
REPRESENTATIVE MIKE HAMILTON: All right, all right. Members, you know what, the budget crunch that's coming up and everything that we're looking at, today's session will be sponsored by Budweiser the King of Beers. And, for that, we have two distributors that I would like to introduce over here sitting in the Budweiser suite. And we have Mike Ferlow, which is my local distributor with Del Papa Distributing that has Beaumont and Victoria. And the lovely Gloria Watson that has Brown Distributing here in Austin. So give them all a great welcome.
REPRESENTATIVE DONNA HOWARD: Is Mr. Eissler on the floor of the House? Madam doorkeeper?
WOMAN SPEAKER: Madam Speaker, I have a message from the Senate at the door of the House.
REPRESENTATIVE DONNA HOWARD: Admit the messenger.
MESSENGER FROM THE SENATE: Madam Speaker, I'm directed by the Senate to inform the House that the Senate is taking the following action. Thank you very much.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Eissler.
REPRESENTATIVE ROB EISSLER: Thank you, Madam Speaker. I'd like to move to suspend all necessary rules to take up and consider House Resolution 6865.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. Rules are suspended. Chair lays out House Resolution 966. Clerk will read the resolution in full.
CLERK: House Resolution 966 by Eissler: WHEREAS, the first ever Austin Navy Week is taking place March 19th through March 26th, 2011, WHEREAS, the capital city is one of twenty-one locations hosting Austin Navy Week of 2011 as part of a national outreach effort intended to let officers and sailors speak to area residents about the Navy's critical missions and capabilities and the wide variety of jobs Navy service members perform. Their service includes numerous events that demonstrate the proud heritage of this branch of the armed forces. Interested civilians have the chance to interact and ask questions of those currently serving. The spokespeople of Austin Navy Week include the Honorable Juan Garcia, III, assistant secretary of the Navy for manpower and reserve affairs; Vice Admiral Mark Skinnard and Rear Admiral Mark Davenport, along with the sailors who have significant ties to the area. Among the special activities taking place during Navy Week is a stunning display of aerial acrobatics led by the U.S. Navy Parachute Demonstration Team, also known as the Leapfrogs. In addition, a number of Navy band ensembles will perform and the Navy's simulator will provide viewers with an exciting, interactive introduction to Naval operations. WHEREAS, members of the crew of the famed USS Constitution are joining in Austin events as well. These accomplished sailors are presenting drill demonstrations and educational talks at area schools, and are also contributing to local charitable projects. WHEREAS, all around the world, United States Naval personnel are serving their fellow citizens with distinction, and Austin Navy Week provides a welcome opportunity to lead and learn more about the vital roles they play in our national defense. Now therefore be it RESOLVED, that the House of Representatives of the 82nd Texas Legislature hereby recognize March 19th through 26th, 2011, as Austin Navy Week and extend to all those associated with the event a hearty welcome to the Lone Star State, as well as sincere best wishes for fair winds and a following sea.
REPRESENTATIVE DONNA HOWARD: Members, this is an important resolution. Mr. Eissler may have your attention. The Chair recognizes Representative Eissler.
REPRESENTATIVE ROB EISSLER: Chair, I move adoption and move to add all members' names in this resolution, and then I'd like to make a comment afterwards.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Sheets of the United States Marine Corps and Representative Eissler move to add all names. Is there any objection? Chair hears none. So ordered. Chair recognizes representative Eissler.
REPRESENTATIVE ROB EISSLER: Thank you Madam Speaker. Members, it gives me great pleasure and I'm very honored to be here to highlight this being Austin's first Navy Week I think ever, and to have native Texans who are serving the United States Navy here with us. And what's even a better deal is we have former member of the house, Juan Garcia, who represented Corpus Christi, who is now Assistant Secretary of the Navy. And he brings with him some outstanding sailors, as he puts it. We've got Lieutenant Crystal Roberts, a native of Houston and UT Health Science Center Dental. She's attached to the USS George H. W. Bush, CVN77. That should tell you that ten aircraft carriers, after the one I spent time on, the USS John F. Kennedy CV67. Also is Logistic Specialist Third Class Jesslyn Govero, who is also attached to the USS George H. W. Bush. GSE II Jose Mesa, and that's -- he's an electronics person. And Logistics Seaman Maria Escamilla, who is also with the USS Constitution, which is amazing. The USS constitution, as you remember, is Old Ironsides, which is what you have after you eat a snack in the lounge; is based in Boston. And, with them, from the Old Ironsides, from the Revolutionary War comes -- or I guess more like 1812, but comes members of the crew of the USS -- the newest ship in the Navy, the USS George H. W. Bush. Something that secretary in the Navy Garcia talked about last night, is the Navy -- the United States Navy is larger than the next 13 navies in the world combined. They operate -- And, by the way, don't let me forget other members of the -- probably the best service up here in the gallery, if we could have our other Naval personnel stand, please stand and be recognized. But they go by the 70, 80, 90 rule, which is 70 percent of the earth's surface is covered by water, 80 percent of the world's population lives near that water and 90 percent of the trade the that occurs in this world arrives by water. So you can see how important it is to have a very strong navy and one that can handle many different missions. And those of you at sea, I think there are like 26 Naval vessels off the coast of Japan providing fuel, food and medical help. And on the other side of that coin I don't know how many Naval vessels are off the coast of Libya, which I know the Marines like to use that in their hymn, which is The Shores of Tripoli, but I want you to know the Navy is there first. So if you'll please welcome our naval personnel. And I'll yield for Representative Legler.
REPRESENTATIVE DONNA HOWARD: Mr. Legler, for what purpose?
REPRESENTATIVE KEN LEGLER: Would the gentleman yield for a question?
REPRESENTATIVE ROB EISSLER: Yes, I will.
REPRESENTATIVE KEN LEGLER: You were a Navy pilot; is that correct? You were a Navy pilot; is that correct? And when you -- When you became -- When you were a Navy pilot, I was wondering the Paul Biplanes that you flew, did they have a shorter take off than what the new, more experienced and more educated pilots have?
REPRESENTATIVE ROB EISSLER: Yeah that's cute, Ken. Yeah, that's cute. The planes I flew, I flew an A6 Intruder, which is I think now a Coral Reef; in the south Pacific.
REPRESENTATIVE KEN LEGLER: I just want to make sure they raised their standards a little bit.
REPRESENTATIVE ROB EISSLER: I can't hear you.
REPRESENTATIVE KEN LEGLER: I want to make sure they raised their standards a little bit since then.
REPRESENTATIVE ROB EISSLER: That's right. In fact, I'm one of the few people whose past is up in the air. Any way -- My future is up in the air, too. And, again, if you please join me in welcoming our representatives from the United States Navy up here on the dias and up here in the gallery, I appreciate it and I think it's a great honor to have them here, because they're currently defending our country and promoting the interest in the United States in many different venues. Thank you, thank you for your service.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Elkins.
REPRESENTATIVE GARY ELKINS: Thank you Madam Chair and members. Today I would like for y'all to welcome a group of people that we have from District 135 in Houston, Texas. Today they're here in the north gallery. We have members of the Jersey Village City Counsel, which is where I personally reside. We have a lot of precinct chairman. We have members from the Faith Assembly Church. We have some students from Jersey village High School and we have some students from Cy-Ridge High school and Cy-Falls High School. If y'all would all please stand so that we can welcome you to your State Capitol.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative King.
REPRESENTATIVE LARRY PHILLIPS: Mrs. Speak er, members, I move to suspend all necessary rules and take up and consider simultaneously House Resolution 119, 121, 122, and 123.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolutions. The clerk will read the resolutions.
CLERK: HR119 by King of Parker. Congratulating Elvera Johnson on your retirement as District Clerk of Parker county. HR121 by King of Parker. Congratulating Don Marshall Chrestman on his retirement as District Judge of Parker County. HR122 by King of Parker. Congratulating Judge Jayne Williams Choate on her retirement as Justice of the Peace of Parker County. HR123 by King of Parker. Congratulating Melvin Simmons on his retirement as Justice of the Peace for Precinct 4 in Parker County.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative King.
REPRESENTATIVE LARRY PHILLIPS: Thank you Mrs. Speaker. Members, we have had an odd occurrence in Parker county this year in that we had four of our senior elected officials retiring. And all of whom have had very distinguished careers. And I wanted to introduce them to the House individually. First, Elvera Johnson, who was our District Clerk for 12 years. Elvera, would you please stand? She's here with her husband, Herald. We have -- Donna, could we have everybody's attention a little bit?
REPRESENTATIVE DONNA HOWARD: Members, please give Mr. King your attention.
REPRESENTATIVE LARRY PHILLIPS: Thank you. We also have District Judge Don Chrestman. Don served in the 43rd Judicial District of Parker County for ten years, and struck me down on several noted occasions. He's here with his wife, Melinda. We have Justice of the Peace Jayne Choate. Jayne, would you please stand? And her husband, Bob. Jayne has 23 years of service with the county -- with the J.P. Court and then 38 years of total service in Parker County. She served on the Bench for 15 years in Parker County. And when I was a Justice of the Peace, she was my Chief Clerk and she trained me. We also have -- are honoring Melvin Simmons. Melvin was the oldest sitting Justice of the Peace in the State of Texas at 88 years. He served 12 years, and he is represented today by his daughter, Patty, and her husband, Robert Clinton. Patty and Robert. On behalf of the State of Texas we just want to thank all of you and, vicariously, through the Clintons, Judge Simmons; just for your great service to Parker county and to our state. And please know that it not only is noteworthy and has been substantial consequence to all of us, but it is dearly, dearly appreciated. And people like you are very, very hard to replace. Members, with that, I move adoption.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. Resolutions are adopted. Chair recognizes Representative King of Taylor.
REPRESENTATIVE SUSAN KING: Thank you Madam Speaker. Well, now there is life after the legislature, and we have a very esteemed colleague from the 80th Legislature, my class; Juan Garcia, who is the Assistant Secretary to the Navy. That's in Washington D.C., the other town that does mischief. So could all the members of my class meet over on these steps, and we would like to meet this famous member of our class, Juan Garcia. So hurry on over there, and we would like to take a picture. You know he is -- I think I heard he was a roommate of our current president. Imagine that. Thank you.
WOMAN SPEAKER: Chair recognizes Representative King of Parker.
REPRESENTATIVE LARRY PHILLIPS: Mrs. Speak er. Members, I move to suspend all necessary rules and take up HR375 recognizing Parker County Day.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out House Resolution 375. Clerk will read the resolution.
CLERK: HR375 by King of Parker. WHEREAS, Many proud residents of Parker County are traveling to Austin on March 22, 2011, in celebration of Parker County Day at The State Capitol, and their visit provides a fitting opportunity To reflect on the history and contributions of their fine Community; and WHEREAS, Established in 1855 from Bosque and Navarro Counties, Parker County is named for Isaac Parker, who brought 224 Settlers to the region in that same year; and. WHEREAS, The county's population and economy continued to Expand during most of the late 19th century, spurred by the Construction of three railroads in the area; over the decades Parker County has undergone many changes and today benefits from a Diverse market centered around commercial and agribusiness, with Local farms and ranches raising beef cattle, dairy cows, and horses And growing pecans and peaches; and WHEREAS, Located at the western edge of the Dallas-Fort Worth Metroplex, Parker County has experienced tremendous growth in Recent years, as it offers an attractive rural setting among gently Rolling plains, combined with close proximity to urban amenities; And WHEREAS, Weatherford serves as the county seat and is the Home to such notable attractions as the Doss Heritage and Culture Center, the Museum of the Americas, Chandor Gardens, and the Parker County Courthouse, which was recently restored to its original Splendor; other towns in the county include Aledo, Annetta, Cool Springtown, Willow Park, and portions of Azle and Mineral Wells; And WHEREAS, Area residents uphold the county's heritage with the Annual Frontier Days each June and also enjoy the Parker County Peach Festival in July; and WHEREAS, Residents of Parker County take great pride in the Rich history of their county and, thanks to the efforts of their Forward-thinking citizenry, they can look ahead to a bright and Promising future as well; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby recognize March 22, 2011, as Parker County Day At the State Capitol and extend sincere best wishes to all involved For an enjoyable stay in Austin.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative King of Parker.
REPRESENTATIVE LARRY PHILLIPS: Mrs. Speaker, members, in moving for adoption I would first like to recognize we have some elected officials here from Parker County, some that aren't retiring. We have County Commissioner John Roth. John would you please stand? County commissioner, Dusty Renfro. Mayor of Annetta, Rob Watson. Mayor of Hudson, Pat Dean. And Mayor of Weatherford, Dennis Hooks. I hope I didn't miss anybody. And would the whole Parker delegation please stand. Everybody please stand. Members, would you join me in welcoming Parker County? And, with that, I move adoption.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you Madam Speaker and members, today it is my honor to acknowledge a few guests that I have up in the southwest gallery. As part of celebrating Wharton County Day at the Capitol I'm honored to introduce a group of my constituents. We have a number of elected officials, businessmen and citizens from Wharton County that are here today. And let me introduce a few of these elected officials. I know I'm leaving some out, but let me recognize 329th District Judge, Randy Clap. Our Wharton County Judge, Phil Spenrath. Three county commissioners, Leroy Gatling, Chris King, and Phillip Miller. And the mayors from three of our towns, Richard Young, Domingo Montalvo, and Buck Thatcher. And if all these individuals would stand, as well as the whole delegation from Wharton County. Please join me in recognizing them and welcoming them to their House of Representatives.
REPRESENTATIVE DONNA HOWARD: Chair again recognizes Representative King of Parker.
REPRESENTATIVE LARRY PHILLIPS: Mrs. Speaker, members, I move to suspend all necessary rules and take up HR439 recognizing Ace Little.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. Rules are suspended. Chair lays out House Resolution 439. Clerk will read the resolution.
CLERK: HR439 by King of Parker. WHEREAS, Gentry "Ace" Little attained a notable milestone on February 5, 2011, when he completed the radio broadcast of his 900th game, covering a 58-40 victory by the Brock High School Girls' Basketball Team over rival Godley High School; and. WHEREAS, Ace Little began his career in radio sports Broadcasting in 1982, when he began working at KETR-FM in commerce; In September of that year, he called his first game, a football Contest in which Commerce High School beat North Lamar 27-14; he continued to announce games while working on his Bachelor's Degree At East Texas State University, and he graduated in 1987 with a dual major in radio and television broadcasting and physical education; And WHEREAS, In the nearly three decades that encompass Mr. Little's career, he has performed both color commentary and Play-by-play work; he often employs his talents to call football And basketball games and has broadcast those sports for such high Schools as Commerce, Weatherford, Cleburne, Hillsboro, Aledo, Peaster, Brock, Azle, and Springtown; and WHEREAS, A versatile announcer who is at home with any type of Athletic competition, he has also covered baseball, softball, and Volleyball; he was the play-by-play man for the Weatherford Wranglers baseball team of the Texas Collegiate League and has been The voice of the Weatherford College basketball and Hill College Baseball and softball teams as well; and WHEREAS, On-air game duties are just one facet of Mr. Little's career, as he has also worked as a producer, news Director, sports director, and writer; in addition to being Employed by a number of radio stations in North Texas, he has worked For the USA Radio Network and as an assistant sports information Director at the University of North Texas; since 2002, he has been At KYQX in Weatherford; and WHEREAS, Widely respected for his abilities in the broadcast Booth, he was honored by having Ace Little Day proclaimed by the Weatherford City Council on the occasion of broadcasting his 300th Football game, and he was inducted into the Skyline High School Athletic Hall of Fame in 1999 and named Texas High School Broadcaster of the Year by Texas Monthly in 2006; and WHEREAS, Through his work in sports broadcasting, Ace Little Has entertained and informed numerous residents of the Lone Star State, and his expertise and skilled delivery have made him a Trusted voice on the Texas airwaves; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Ace Little for delivering his 900th Radio gamecast and extend to him sincere best wishes for continued Success; and, be it further RESOLVED, That an official copy of this resolution be Prepared for Mr. Little as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative King of Parker.
REPRESENTATIVE LARRY PHILLIPS: Thank you, Mrs. Speaker. Members, I wanted to recognize Ace today, because it's an incredible achievement to have called 900 games in your broadcasting career. And he's just been a real staple in Weatherford, ever since I've been there. And so, Ace, we just wanted to congratulate you today. And, with that, I move adoption.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objections? Chair hears none. So ordered. Members this is a memorial resolution. Chair recognizes Representative King.
REPRESENTATIVE LARRY PHILLIPS: Mrs. Speaker, members, I move to suspend all necessary rules to take up and consider HR265, a memorial resolution for the Honorable Jack Borden.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Any objections? Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.
CLERK: HR265 by King of Parker. WHEREAS, The citizens of Weatherford and Parker County lost a greatly admired member of their community with the death of Jack Borden on January 19, 2011, at the age of 102; and. WHEREAS, Jack Borden was born near Weatherford on August 5 1908, to John Samuel Borden and Bess Wallis; the son of Sharecroppers, he graduated from Weatherford College in 1931, and He earned his law degree from The University of Texas in 1936; and WHEREAS, Two years later, Mr. Borden was elected District Attorney of Parker County; during World War II, he served his nation as a member of the Federal Bureau of Investigation for several years, and he was a charter member of the Parker County Sheriff's Posse when it was formed in 1947; and WHEREAS, A practicing attorney for more than three-quarters Of a century, Mr. Borden was one of the leading citizens of Weatherford; he sat on the board of directors of First National Bank Of Weatherford from 1955 to 1977, and he was the city's mayor from 1960 to 1964; he continued to practice law until two days before his death, regularly appearing in probate court, where he loved to Share stories with the judge; he was considered to be the oldest member of the Texas Bar as well as the nation's oldest living former FBI agent; and WHEREAS, This outstanding Texan garnered many awards and Honors through the years; he received all three of Weatherford College's highest awards, including Alumnus of the Year Distinguished Alumnus, and the Carlos Hartnett Award; in 2008, he Was recognized as Texas' Outstanding Older Worker of the Year; he Was named Outstanding Citizen of Weatherford in 2005, and five years later, a street was renamed Jack Borden Way in his honor; and WHEREAS, An active member of First Baptist Church of Weatherford since 1936, Mr. Borden served the congregation as a deacon and chair of the board of deacons; he also taught Sunday school for 25 years; and WHEREAS, Mr. Borden enjoyed 66 years of marriage to the love Of his life, Edith Jordan Borden, who was renowned for her expertise In Parker County history; he was also close to his many nieces and Nephews, including John Westhoff, with whom he shared a law Practice for nearly four decades; and WHEREAS, Known for his humility, intelligence, and honesty Jack Borden leaves behind a century-long legacy of loyalty and Service to the community in which he spent his entire life, and he Will forever be remembered by his family, friends, and fellow citizens; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the life of Jack Borden and extend Sincere condolences to the members of his family to his brother C. B. Borden; to his nephews, John Westhoff and his wife, Sue Ann Leo W. Tiberghian III, and Eddie Borden; to his nieces, Nancy Borden O'Neal, Susie Borden Gandy, Traci Layman Brown, Terri Layman Short Betty Thompson, and Linda Thompson; to his great-niece, Paige Westhoff; to his great-nephew, John Trenton Westhoff, his wife Amy, and their daughter, Corrine; 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 Jack Borden.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative King of Parker.
REPRESENTATIVE LARRY PHILLIPS: Mrs. Speaker, members, every community has someone that is recognized as the best example of what you want your community to be known for; and Jack Borden was that for the Weatherford and Parker County community. He literally did, at 102, still practice law actively on a daily basis. You would still see him in the Probate Court and other places throughout the courthouse, right up until just a few days before he died. He was the oldest living FBI -- formerly FBI agent in the country, and the oldest practicing member of the Texas Bar. He had a long history of service to the nation, and to Texas, and to our local community. And he was also the town historian. And the only bad thing about running into Jack was that you knew you were going to be there for twenty or thirty minutes listening to stories and -- but you couldn't walk away when he started. He was a real loss to our community. He is a person that will be missed and felt for a long time. And we don't have any of his family here today, but everybody that is here from Parker County really was part of his family and -- because Jack was that type of person. And so I would appreciate it if you would join me in honoring him as we adopt this resolution.
REPRESENTATIVE DONNA HOWARD: Members, this is a memorial resolution. All in favor, please rise. Resolution is unanimously adopted. Chair recognizes Representative Miller of Comal.
REPRESENTATIVE DOUG MILLER: Thank you, Madam Speaker. Members, I move to suspend all rules to take up and consider HR844.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, chair lays out House Resolution 844 and instructs the clerk to read it in the most melodical fashion possible.
CLERK: HR844 by Miller of Comal. WHEREAS, respected musician and advocate, Ray Benson, has been named Texan of the Year by the Texas Legislative Conference in recognition of the admirable achievements he has realized through the years; and WHEREAS, With his selection for the award, Mr. Benson is joining a distinguished list of individuals who have been honored By the Texas Legislative Conference; former winners include Barbara Jordan, Laura Bush, and Governor Rick Perry, and the announcement Of the Texan of the Year is a highlight of the organization's annual meeting, which brings together business and political leaders from around the state; and WHEREAS, Ray Benson is well known to music fans in the Lone Star State and the world over for his leadership of Asleep at the Wheel, which was founded in 1970 and settled in Austin three years Later; specializing in a spirited brand of western swing music, the band has released more than 25 albums, won nine Grammy Awards, and entertained concert audiences throughout the United States and beyond, during its long career; Mr. Benson has also earned acclaim for cowriting and starring in the play A Ride with Bob, which pays Tribute to Texas music legend Bob Wills; and. WHEREAS, An effective organizer in addition to being a talented artist, Mr. Benson has dedicated himself to assisting Others, both inside and outside the music industry; he is a founding member of the Rhythm and Blues Foundation, which raises money to Help aging R&B artists, as well as the Health Alliance for Austin Musicians and the SIMS Foundation; moreover, he is a member of the Board of the St. David's Community Health Foundation and is a Trustee for the Texas Chapter of the National Academy of Recording Arts & Sciences; and WHEREAS, This widely admired individual was chosen as the Texas State Musician for 2004 and is a 2011 recipient of the Texas Medal of Arts; he was nominated for Texan of the Year by the Honorable Edmund Kuempel on the night before Representative Kuempel Passed away in 2010, and that beloved legislator indeed made a wise Choice; over the course of more than 40 years, Ray Benson has distinguished himself through his artistry as well as through his work to strengthen his community and to benefit those in need, and he is truly deserving of this prestigious commendation; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Ray Benson on his selection as Texan of the Year by the Texas Legislative Conference and extend to him sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Benson as an expression of high regard by the Texas House of Representatives.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Miller of Comal.
REPRESENTATIVE DOUG MILLER: Thank you, Madam Speaker. We have, of course, with us today several special guests. But let me introduce and just say thank you to my desk mate, Angie Chen Button, for being up here with me, and Representative John Kuempel. John and I both represent New Braunfelss, where the Texan of the Year program will happen this Thursday, the 24th. And then on Friday, the 25th, from about 8:00 in the morning until noon we will have the Texas Legislative Conference. We are very honored to have with us some of the folks from the Texas Legislative Conference in the gallery. I know we have Sarah Ties and Joe Gwen and Fred Doust. And, I don't know, they're all up there over on the south side with us, that help put on this program. I'm very honored to have them on the dais with us today. Mr. Benson has some good friends, Julian Reed, who is with the conference. And Bob Gray and his good friend, Michelle Vias. And, of course, please, help me to honor our Texan of the Year. And I hope you will join us in New Braunfelss this Thursday evening when we formally recognize Ray Benson. And it was, as the resolution said, I had the honor of being with Edmond the night that he nominated Ray. And I guess that was one of his last official acts. So this conference will be dedicated, and John and Birdie and his family will be there, it will be dedicated in honor of Edmond. But please help me recognize Ray Benson, our Texan of the Year. And with that Madam Speaker, I move adoption.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. All in favor please say, "Bob Wills is still the King." Motion passes. Mr. Hardcastle to moves to add all members' names. Any objections? Chair hears none. So ordered. Chair recognizes Representative Darby for a recognition.
REPRESENTATIVE DREW DARBY: Thank you, Mrs. Speaker, members, we are fortunate today to have a group from West Texas. Guy, stand up. Everybody from the West Texas Boys Ranch from San Angelo stand up. James Satterwhite, the head of the Boys Ranch, thank you for coming, bringing these young men with you. And welcome to your State Capitol. Hope you enjoy your day. Thank you. Thank you.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Madam Speaker. Members, I'd like to recognize in the gallery this morning employees from Associa the State and national leader in community management association. Based out of my legislative district, Associa serves over 1.4 million households and associations across North America. Associa has local member companies and manages companies and also manages about 325,000 homes in our state. This is Associa' first year to participate in a legislative day at the Capitol. Thank you for taking time to learn about and becoming part of the lawmaking part of Texas. Members, I think we have some members of Associa in the gallery in the north corner. There they are. Associa? Oh, they're everywhere. Thank you for being here, and welcome to the Capitol.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Hamilton.
REPRESENTATIVE MIKE HAMILTON: Thank you, Madam Speaker. Members, I request permission for the Committee of Administrative Procedures to meet while the House is in session at/or during the reading and referrals of bills today, March 22nd, 2011. Place is TE2012, to consider personal agenda.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Chair recognizes Representative Brown.
REPRESENTATIVE FRED BROWN: Mrs. Speaker, members, I move to suspend all necessary rules to take up and consider House Resolution 934.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair lays out the following resolutions. Clerk will read the resolution.
CLERK: HR934 by Brown. Honoring the 100th anniversary of the founding of Texas A&M University College of Agriculture and Life Sciences.
REPRESENTATIVE DONNA HOWARD: Members, this is a very important resolution. Please give your attention to Representative Brown.
REPRESENTATIVE FRED BROWN: Thank you --
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Brown.
REPRESENTATIVE FRED BROWN: Thank you, Madam Speaker and members. All Aggies need to come up here, please. All Aggies need to come up here. Everybody that's an Aggie, please, come up here, please. Yes, ma'am, you can. Mrs. Speaker, members, today we recognize the Texas A&M University College of Agriculture and Life Sciences on its one hundredth anniversary. For one hundred years the college has educated and created new knowledge for the citizens of Texas and the world. Since its inception in 1911, the college has grown from initial enrollment of 166 students to 6,500 students a semester. Today we're happy to have the Texas A&M Agrilife Advanced Leadership Program and legislative interns with the College of Ag here with us today. If you'll stand, please, so we can recognize you wherever -- there they are. Welcome to the Capitol and thank you for your continued service. And congratulation on your one hundredth anniversary.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. All those in favor say, "Giggem". Resolution is unanimously adopted. Representative Landtroop moves to add all members' names. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Oliveira.
REPRESENTATIVE RENE O. OLIVEIRA: Thank you, Madam Speaker. Members, this is just an announcement, the Land and Resource Management Committee will meet at noon sharp, because I think we are going to adjourn shortly. We will meet at 12:00, not on adjournment. Please note that.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE P. GALLEGO: Thank you Madam Speaker. Members, I move to suspend the five day posting rule on all necessary rules to allow the committee on criminal jurisprudence to consider House Bill 260 by Mr. Hildebrand relating to -- it's actually relating to human trafficking and was inadvertently left off of the committee agenda. So I ask for the House's permission to suspend the posting rule.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gallego.
REPRESENTATIVE PETE P. GALLEGO: Thank you Madam Speaker. With respect to that posting, the time is 10:30, around adjournment. The date is 3/22, today. And the room would be the Reagan Room, room 120. And I'd also ask that we grant permission for the Committee on Criminal Jurisprudence to meet while the House is in session during the reading and referral of bills today. Again, it's HR -- room 120, to consider pending business.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Mr. Sheffield.
REPRESENTATIVE RALPH SHEFFIELD: Thank you Chair. Members, I'd like to suspend all necessary rules to take up and consider HR756.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The chair lays out the following resolution. The clerk will read the resolution in full.
CLERK: HR756 by Sheffield. WHEREAS, Lieutenant Colonel Deborah L. Van Dormolen of Salado was named the 2010 Distinguished Military Retiree for Texas by the Fort Hood Retiree Council; and. WHEREAS, Recognized for her outstanding contributions to the betterment of the community, military retirees, and the families of military personnel, "Borah" Van Dormolen has given generously of her time and talents in numerous leadership roles since retiring from the United States Army in 1997; she is a member of the board of Governors for the Association of the United States Army, Fort Hood Chapter, and she has served as state vice president for the Texas Council of Chapters of the Military Officers Association of America and as president and director of the Central Texas Chapter of the Military Officers Association; and WHEREAS, Colonel Van Dormolen enlisted in the army in 1974 After graduating from Westchester State College in Pennsylvania. She later earned her Master's Degree in physical education from Indiana University and also completed the Signal Officer basic and advanced courses and graduated from the Command and General Staff College; and WHEREAS, Over the course of a distinguished career spanning 23 years, Colonel Van Dormolen served in faculty, staff, and command positions in both the United States and the Federal Republic of Germany; she taught at the U.S. Military Academy at West Point and was commander of logistics operations units for the Army's largest military formations, including the famed 1st Cavalry Division; in her final assignment, she served as the assistant Chief of staff materiel for the 13th Corps Support Command at Fort Hood; she received numerous decorations, including the Legion of Merit, four Meritorious Service Medal awards, two Army Commendation Medal awards, and two Army Achievement Medal awards; and WHEREAS, Following her retirement, Colonel Van Dormolen established a successful business, Design Technology Group, Inc., with her husband, Lieutenant Colonel (Ret.) Rich Castle; she served As chief of staff for Representative Kent Grusendorf during the 77th Texas Legislative Session and has served in myriad leadership positions in the Republican Party; the former president of the Texas Federation of Republican Women, she has also served that organization as vice president of finance, vice president of Legislation, and leadership development chair; she has conducted campaign management seminars for both the TFRW and the National Federation of Republican Women, and she presently serves as the National Committeewoman for the Republican Party of Texas; and WHEREAS, In addition to her extensive efforts in behalf of members of the armed forces and her political party, Colonel Van Dormolen holds a gubernatorial appointment to the Texas State Cemetery Committee and is a Rotarian in the Salado Chapter, and she is an endowment member of the National Rifle Association and the Texas State Rifle Association; and WHEREAS, Borah Van Dormolen has demonstrated an unwavering commitment to her community and to improving the lives of military retirees and the families of military personnel, and she is indeed deserving of the prestigious accolade accorded her; now, therefore be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Lieutenant Colonel Deborah L. Van Dormolen on being named the 2010 Distinguished Military Retiree for Texas and extend to her sincere best wishes for continued success; And, be it further RESOLVED, That an official copy of this resolution be Prepared for Colonel Van Dormolen as an expression of high regard by The Texas House of Representatives.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Sheffield.
REPRESENTATIVE RALPH SHEFFIELD: Members, we have a very, very -- we are very honored to have a great lady on the dias, Debora, known as Borah Van Dormolen with her husband, Rich Castle. Members, Borah is a retired Lieutenant Colonel in the United States Army and she is a Republican National Chairwoman -- she has also served on the Texas Cemetery Committee, and is the immediate past president of the Texas Federation of Republic of Women, which I know we have many members here standing behind me, as well, in her honor as well. But on October 29th of this past year Borah was recognized as the Distinguished Military Retiree of 2010 for her outstanding contributions to the betterment of community and retirees of families of survivors of honorable service in our country. I could tell you just from living in Bell County and living so close to Fort Hood we are so honored to have someone like Borah that lives in our community and really digs in hard and works everyday, not just to help the retired service personnel, but always backing them, but also doing a lot of strong things for the Republican party as well. And, Borah, we're so proud of you. Welcome. And I also move movement.
REPRESENTATIVE DONNA HOWARD: Members, Representative King of Taylor moves to add all members' names. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Isaac.
REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker and members, I move to suspend all necessary rules to take up and consider House Resolution 624.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Any objection? Hearing none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.
CLERK: HR624 by Isaac congratulating the Dripping Springs High School Marching Band on winning the 2009 University Interscholastic League Class 4A State Championship.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Isaac.
REPRESENTATIVE JASON ISAAC: Thank you, Madam Speaker. Members, I am honored today to welcome the Dripping Springs Tiger Band High School to their Capitol today. The Tiger Band is the reigning 4A State Champion marching band. In 2009 they won the title after competing against 26 other 4A bands in the State Marching Contest. This band is lead by band directors Keith Lancaster, Jason Littleton and Derrick Woods. Leading up to the State marching Contest the Tiger Band was successful in all of their 2009 marching contests, as evidenced by their success with their show, "Moments In Crime", which was a big hit. At the U.S. Scholastic Band Association preview contest, the band earned first place over all, first place in class, outstanding color guard, outstanding music and outstanding marching. At the State Marching Contest they placed second in Class Five and Best Music. The band competed against nine 5A schools at this competition. At the Sam Houston State Marching Contest, in final competition, the Tiger Band took first place over three 5A bands that competed the 5A state UIL Marching Contest. 4A bands complete for the state title every other year and the band will fight for their title again this fall. The Tiger Band has had a successful 2010 season with their show, "Mood Rings". I was informed that in their four major contests the band was never bested by another 4A band. The drum majors for the 2010 season are Head Drum Major Laura Christ, and Assistant Drum Majors Michelle Pan and Jameson Brandonberg. The 2010 color guard captain is Kelsey Poland and lieutenants are Sammy Sergy and Megan Hill. The Tiger Band will perform in the Capitol Rotunda at noon, and I encourage you to take a few minutes to listen to this amazing band. Members, please, join me in recognizing the reigning defending 4A State Champion Marching Band from Dripping Springs High School. Please stand up. Thank you. Madam Speaker, I move passage.
REPRESENTATIVE DONNA HOWARD: Members, you have heard the motion. Is there any objection chair? Chair hears none. So ordered. Chair recognizes Representative Truitt.
REPRESENTATIVE VICKI TRUITT: Thank you, Madam Speaker. Members, I request permission for the Committee on Pensions, Investments and Financial Services to meet while the House is in session during bill referrals today, March 22nd, 2011; the location is E2.014, to consider previously posted bills. Thank you.
REPRESENTATIVE DONNA HOWARD: Members, you have heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Hildebran.
REPRESENTATIVE HARVEY HILDERBRAN: Thank you Madam Speaker. I have some guests today in the gallery that are visiting, along with my intern for the day. We also -- We have -- I would like to recognize Mr. and Mrs. Aurelio Munoz and Mr. and Mrs. Bill Ray. Bill, stand. Please, stand and be welcomed. Bill Ray is a former county commissioner in Kirk County and Jerry is a former county extension agent -- home economic extension agent. We're glad to have them. Their granddaughter is shadowing me today, Josephine Estomado. She's a senior at Ivy High School. And, really, she exemplifies the American dream. She's here today to be my shadow and to learn what we're doing here. She's described by her teachers and friends as a second generation American who exemplifies the American Dream. And I just want everybody to know about her today and help us welcome her to State Capitol.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Pitts
REPRESENTATIVE JIM PITTS: Madam Speaker, members, I move to suspend all necessary rules to take up HR498.
REPRESENTATIVE DONNA HOWARD: 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 and take your conversations outside the rail. Chair lays out the following resolution. The clerk will read the resolution in full.
CLERK: HR498 by Pitts. WHEREAS, Officials and employees of state government lost an admired and respected friend with the passing of longtime Legislative Budget Board employee Val Shepperd of Austin on August 22, 2010, at the age of 50; and. WHEREAS, Born on November 8, 1959, in Graham and raised in Texas, Oklahoma, and Kansas, Val Shepperd graduated from Kansas State University in 1982 and from Auburn University in 1984 Earning bachelor's and Master's Degrees in biology; after graduation, he went to work in the Dominican Republic and Indonesia As an aquatic biologist for USAID projects; and WHEREAS, Mr. Shepperd later returned to Texas and joined the Staff of the LBB as an analyst in 1998, and his ability to see the big picture while paying close attention to detail later earned him a promotion as manager of the public safety and criminal justice team; well-known in the legislative and criminal justice communities for the depth of his knowledge, he was also appreciated for his warm and caring personality; and WHEREAS, Outside the office, Mr. Shepperd was a nature lover And outdoorsman, and he delighted in scuba diving, kayaking, and taking trips to Big Bend National Park and Olympic National Park; With his partner of eight years, Colleen, he also traveled the World, visiting Thailand, the Cayman Islands, Mexico, Costa Rica Bonaire, Australia, Canada, Egypt, and Jordan; and WHEREAS, During his time on this earth, Val Shepperd lived a Life rich in adventure and accomplishment, and he will always be remembered with great affection by all those who were privileged to know him; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the memory of Val Shepperd and extend sincere condolences to the members of his family: to his mother, Pat; to his brothers, Scott, Dan, Mark, and Corey; to his sister, Vicki; to his soul mate and partner, Colleen; and to his other relatives and many 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 Val Shepperd.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Turner.
REPRESENTATIVE SYLVESTER TURNER: Thank you, Madam Speaker and members. From 2007 -- no, it's from 2000 -- about ten years I served as the chair of the subcommittee on criminal justice on appropriations. Val shepherd was the LBB analyst to handle public safety and the criminal justice committee. I will tell you that there was no one more knowledgeable of this subject matter than Val shepherd. When it came to putting together the budget over those many, many years Val was there. Representative Riddle, we worked very closely, if you wanted something done on the Texas Department of Criminal Justice to make the numbers right, but at the same time the right -- to make it fit, you turned to Val. And Val led that team extremely well. When it came to the Texas Youth Commission, the Juvenile Probation Commission, Val Shepperd was the point person. I will tell you, without his assistance over those many, many, many years, the work that was done by those on the Appropriations Committee and, specifically, the Sub Committee on Criminal Justice, could not have been done to the degree that it was without his assistance. Just a good natured person. But, more than that, I think he exemplifies what our public employees are all about. Dedicated, committed, loyal, professional and someone that just made our job so much easier in getting it done. This state has truly lost a tremendous employee, a public servant, and someone who just did it with grace and poise, professionalism and a tremendous degree of style. So, on behalf of all of us who worked on that subcommittee, who worked on Appropriations for many, many years; we just take this time to pause in remembrance of one of the finest state employees this state has ever, ever, ever had; and that's Val Shepperd.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Madam Speaker, members, we are fortunate today to have his family on the dias, and many of his colleagues in the east part of the gallery that are with us today to help us celebrate Val's memory. On the speaker's dias we have his family, which includes his soul mate, Colleen Forrest; his mother, Pat Shepperd; his sister, Vicki; his brother, Corey Shepperd, sister-in-law Carrie Shepperd, and nephew, Cody Shepperd. Madam Speaker, members, I move adoption.
REPRESENTATIVE DONNA HOWARD: Members, this is a memorial resolution. All those in favor please rise. Resolution is adopted. Representative Turner moves to add all members' names. Is there any objection? Chair hears none. So ordered. Is Representative Castro on the floor of the house? Chair recognizes Representative Castro.
REPRESENTATIVE JOAQUIN CASTRO: Madam speaker, I move to suspend all necessary rules to take up and consider House Resolution 774.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The chair lays out the following resolution. Clerk will read the resolution.
CLERK: HR774 by Castro. Congratulating Paul Huron IV of San Antonio for his achievements in science fair competitions.
REPRESENTATIVE DONNA HOWARD: Chair recognizes Representative Castro.
REPRESENTATIVE JOAQUIN CASTRO: Members, I wanted to take a second to welcome a very talented young man who has come up from San Antonio. And part of the reason I wanted to recognize him is because he's been an outstanding student in math and science at Harmony Science Academy back in my hometown of San Antonio. He not only has a 4.0 grade point average, but Paul received top honors at the state wide Science Technology, Engineering and Mathematics event for his impressive work on weapons visualization and signal analysis. In 2010, Paul was awarded the Naval Award and the silver medal at the International Sustainable World Project Olympiad. He's here today with his mom, Irma, his father, Paul, his grandmother, Imalya, and his uncle, Richard. I hope that we can please all welcome them. If they'll please stand? Welcome.
REPRESENTATIVE DONNA HOWARD: Chair announces the signing of the following in the presence of the House.
CLERK: HCR47.
REPRESENTATIVE DONNA HOWARD: Mr. Cook, Mr. Solomon. Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Thank you Madam Speaker and members. I request permission for the Committee on Agriculture and Livestock to meet while the House is in session during the reading and referral of bills today, March 22nd, 2011. We are in E.1014 and we're to consider posted agenda.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Giddings.
REPRESENTATIVE HELEN GIDDINGS: Thank you very much, Madam Speaker. I move for permission under Rule 8, Section B to introduce.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion, which is motion to introduce a bill. Is there any objection? Members, a record vote is required for this. Clerk will ring the bell. Showing Mr. Solomon voting aye. Representative Gonzalez voting aye. Representative Gooden voting aye. Have all members voted? All members vote. Representative Laubenberg voting aye. There being 147 ayes. The motion prevails. The chair recognizes Representative Solomon. Members, this matter involves redistricting. You might want to listen.
REPRESENTATIVE BURT R. SOLOMONS: Members, Madam Speaker and Members, a couple of things that we're doing on redistricting I thought I would bring to the House's attention. First of all, it is kind of an important announcement, if we're going to deal with the SPOE map first. This afternoon I'm releasing a committee substitute on the SBOE map for House Bill 600 for committee to substitute for the SBEO redistricting bill. And that means the committee substitute will be available on your Red Apple accounts and will be available to the general public on TLC's website, under the district viewer program. And it will be listed as Plan E101, Solomons' proposed State Board of Education District. It will be available for download as an overlay. Shortly, I'll be making a motion to suspend to revise my posting for this Friday's meeting of the redistricting committee to include House Bill 600, where I lay out the committee substitute and take the public testimony. We will not vote on that bill this Friday, we will only be taking testimony on the committee substitute. That being said, we will take public testimony on the committee substitute and we quickly turn around any changes for a vote. And it's my intention to get these bills on the floor for a vote and to not wait until the last minute, where we will kill a lot of legislation on the calendar with the date of redistricting. The Red Apple program will be available or will be able -- I'm sorry, the Red Apple will be able to produce different reports for you on the proposed map, but also additional reports are available to you from the redistricting division of the Texas Legislative Counsel. If you have any questions about the committee substitute, I would appreciate it if you would call my office at 3-0478, and ask to speak to my chief of staff, who is also the clerk of committee, Bruce. Those of you interested in this, we are actually starting to move forward on this. It's no longer a hypothetical, theoretical process that you've been going through. We're going to listen to -- We want as much input as we can on SBOE and all of your house district maps. And we are moving forward. So, as we did the last time on SBOE, we took general testimony, we tried to adjust the map and basically proposed a committee substitute. We're going to do the same thing, or very similar. Let me put it this way, very similar. On the Texas house maps, I would appreciate you getting your information in to me and my staff as quickly as possible this week, so we can start looking at those, taking testimony and get all your input. And so after the hearings we can start looking at what we're finally going to have to do. And, with that being said, I move to suspend the following rules of the five day posting rule. I move to suspend the five day posting rule to allow the committee on redistricting to consider House Bill 600 at the previously posted hearing at 9:00 a.m. Friday, March 25th, 2011. Place is the Capitol Extension Auditorium, E1.004.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Is Mr. Cook of Navarro on the floor of the House? Is Mr. Creighton on the floor of the House? Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you, Madam Speaker. I move we suspend the following rule, five day posting rule, to allow committee on state affairs to consider any unfinished business from previous days hearing, upon final adjournment recess, 3/24/11. JRH -- JHR140. I also move we suspend the five day posting rule on committee of state affairs to consider House Bill 816. This is a bill that has a common theme from a lot of other bills that are set that day. 30 minutes on final adjournment recess. 3/23/11. JHR140.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Creighton.
REPRESENTATIVE BRANDON CREIGHTON: Mrs. Speaker, members, I request permission for the Select Committee on State Sovereignty to meet while the House is in session during bill reading and referral, March 22nd, 2011, which is today, in 3W9; to consider HB32, HB335, and HCR27.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Gonzalez.
REPRESENTATIVE LARRY GONZALES: Thank you, Madam Speaker and members. I request permission for the Committee on County Affairs to meet while the House is in session during the reading and referrals of bills today, 3/22/11, in 3W.15 to consider pending items.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Any objection? Chair hears none. So ordered. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Madam Speaker and members, I move to suspend all necessary rules to allow the Committee on Rules and Resolutions to meet and set a congratulatory memorial calendar for Tuesday -- this coming Tuesday at 10:00 o'clock a.m.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Mada m speaker, members, I request the permission of the Committee on Rules and Resolutions to meet while the House is in session during the reading and referral of bills on -- today, March 22nd, 2011, in the Agricultural Museum to consider setting the rules and resolutions calendar.
REPRESENTATIVE DONNA HOWARD: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered.
JOE STRAUS: Members, we're about to go on to the calendar. But, before we go on the calendar, Representative Howard has requested to speak on a matter of personal privilege. Members, please take your seats. Chair recognizes Representative Howard.
REPRESENTATIVE DONNA HOWARD: Thank you Mr. Speaker and members. I thank you for allowing me to address you today, though my election contest is thankfully over, which I think finally brings the November 2nd, 2010 election to a close. There is one more item of business and that is to share my gratitude, first to my family and my staff, who shared the rollercoaster ride of the past four months with me. And to the Travis County Clerk's Office for running a scrupulously clean election. In light of legislation that this body is considering, I think it's important to note that with all the scrutiny of this election there was no evidence of fraud. Furthermore, nothing in the proposed legislation would have addressed any of the vote challenges that were part of my election contest. I also think it's important, members, for you to know that this process; in order to make sure all legal votes were counted, required citizens who had done nothing more than exercised their civic duty by voting to have to come before a judge and swear under oath for whom they voted. And, if that weren't enough, several citizens whose votes were investigated had their names publicly displayed, accompanied by comments ridiculing and challenging their veracity, despite their oaths to uphold the truth. The sacredness of the vote is apparently not quite as sacred as I once thought. With that being said, we are fortunate to live in a nation of laws operating within a democratic process that allow such a peaceable, orderly election challenge to occur. This brings me to the real purpose of my statement, to thank you, my colleagues, for demonstrating the respect with which we hold our duty and responsibility to the laws of our state and its citizens. I want to thank Representative Hartnett, who spent untold hours as a Master of Discovery, investigating every aspect of this election to ensure the integrity of the election and review process. And he did this on top of all the other responsibilities he has in service to our state. I also want to thank Chairman Hunter for his leadership as Chair of the Select Committee on the Election Contest. Like Will, he did his duty on top of his other assignments and provided the requisite guidence to the committee who assumed the added responsibility of judging this contest and ensuring the integrity of the vote. I thank them as well. I especially want to offer my thanks to the residents of House District 48 for allowing me to continue to work for them. The closeness of this race, a four vote margin out of almost 52,000 votes cast, exemplifies the demographics of my district. Though it trends Republican we are a fairly evenly divided district, which requires that I take a broad view of the issues we are asked to consider in the Legislature. Such an even division of ideas, opinons and ideologies prompt me to consider all viewpoints in an effort to find common sense, common ground solutions that represent the diversity of my constitutents. So acknowledging the closeness of this election I am even more mindful of the fact that, once selected, I represent all within my district and I have a responsibility to keep that before me to the votes I make on their behalf. Finally, I want to thank the members of the Texas House of Representatives. Contrary to what some may believe we are, by and large, good people who are here because we care about our communities and want to help make Texas better. We may have different ideas about how to accomplish that, but I belive we share the same core values of strong communites, healthy families and economic prosperity for our state. I am grateful to work with each of you and I want you to know how much I appreciate your respect for this body and for the rules and proceecdures that guide it. Ultimately, no matter what our differences might be, I am proud to be a member of the Texas House of Representatives, to work side by side with those representing every corner of our state in an effort to promote and preserve that which makes us great. Thank you, Mr. Speaker and members, for giving this time to express my heartfelt appreciation to all of you.
JOE STRAUS: Chair lays out on third reading House Bill 314. The Clerk will read the bill.
CLERK: HB314 by Hardcastle. Relating to the designation of a portion of U.S. Highway 81 as the Corporal David Slaton Memorial Highway.
JOE STRAUS: Chair recognizes Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Thank you Mr. Speaker and members. I would like to make couple of comments before I move passage. I so much appreciate the way you honored my constituents and our troopers' family yesterday, and were all attentive and a lot of you went to the dais and met with them. And they appreciated it and they were overwhelmed as they left here to head back to Bowie, Texas. And with that, Mr. Speaker, I move passage.
JOE STRAUS: Question occurs on final passage of House Bill 314. This is a record vote. Clerk will ring the bell. Have all voted? Have all voted? Showing Ms. Howard voting aye. Being a 150 ayes and zero nays, House Bill 314 is fine with passage. Following announcements, the clerk will read the announcements.
CLERK: The committee on Rules and Resolutions will meet on March 22nd, 2011, at the Agriculture Museum. This will be a formal meeting to consider the setting of rules and resolution calendar. The Committee on State Affairs will meet 30 minutes upon final adjournment recess on March 23rd, 2011, at JHR140. This will be a public hearing to consider HB816. The Committee on State Affairs will meet 30 minutes after final adjournment of recess on March 24th, 2011, at JHR140. This will be a public hearing to consider unfinished business from previous days. The Committee on State Sovereignty Select will meet upon adjournment on March 22nd, 2011, at 3W.9. This will be a formal meeting to consider HB32, HB335 and HCR27. The Committee on County Affairs will meet during the reading and referral of bills on March 22nd, 2011, at 3W.15. This will be a formal meeting to consider pending items.
JOE STRAUS: Members, I move to suspend all necessary rules to allow the House Rules and Resolution Committee meet to set a calendar for this Thursday at 10:00 a.m. Is there objection? Chair hears none. So ordered. Members, are there any other announcements? If not, Representative Duke moves that the House stand adjourned until 10:00 a.m. tomorrow pending the reading and referral of bills and resolutions in memory of Joe "Pinetop" Perkins of Austin, Grammy award winner and blues legend who died yesterday at age 97. House stands adjourned. Following bills on first reading and referral of committee. First reading and referral of bills.
CLERK: HB 3016 (By Oliveira), Relating to energy aggregation by counties in certain areas. To Energy Resources. HB 3493 (By Coleman), Relating to the creation of the employee wellness program. To Public Health. HB 3494 (By Coleman), Relating to voluntary deductions from the wages or salaries of deputy sheriffs for contributions to political committees. To Homeland Security and Public Safety. HB 3495 (By Coleman), Relating to workers' compensation death benefit eligibility for certain spouses of peace officers killed in the line of duty. To State Affairs. HB 3496 (By Darby), Relating to a health reimbursement arrangement program for certain eligible retirees covered by the Employees Retirement System, the Teacher Retirement System, and the University of Texas and Texas A&M Uniform Benefits. To Pensions, Investments, and Financial Services. HB 3497 (By Darby), Relating to the inclusion in the results of an election of ballots that were mistakenly not counted. To Elections. HB 3498 (By Aliseda), Relating to the penalty for illegal voting. To Elections. HB 3499 (By Coleman), Relating to authorizing the issuance of revenue bonds for a library at Texas Southern University. To Higher Education. HB 3500 (By Isaac), Relating to rules adopted by the commissioner of insurance regulating the manufacture, transportation, storage, and retail sales of fireworks. To Insurance. HB 3501 (By Callegari), Relating to school district personnel. To Public Education. HB 3502 (By Raymond), Relating to the regulation of crafted precious metal dealers and dealerships; providing a criminal penalty. To Licensing and Administrative Procedures. HB 3503 (By Villarreal), Relating to the creation of the Texas Fiscal Stability Commission. To Appropriations. HB 3504 (By Villarreal), Relating to transferring primary authority for the adoption of the public school curriculum and textbooks from the State Board of Education to the commissioner of education. To Public Education. HB 3505 (By Villarreal), Relating to school district governance. To Public Education. HB 3506 (By Villarreal), Relating to the use of transportation allotment funds by school districts to provide bus passes or cards to certain students. To Public Education. HB 3507 (By Villarreal), Relating to the tuition set aside requirement for the B-On-Time program. To Higher Education. HB 3508 (By Villarreal), Relating to the definition of a convention center facility and to the pledge for bonds. To Ways and Means. HB 3509 (By Villarreal), Relating to the computation of taxable margin for purposes of the franchise tax by a taxable entity principally engaged in Internet hosting. To Ways and Means. HB 3510 (By Hamilton), Relating to the regulation of the towing, booting, and storage of vehicles. To Licensing and Administrative Procedures. HB 3511 (By Hamilton), Relating to the eligibility requirements for licenses for certain air conditioning and refrigeration contractors. To Licensing and Administrative Procedures. HB 3512 (By Hamilton), Relating to the regulation of barbers and cosmetologists. To Licensing and Administrative Procedures. HB 3513 (By Creighton), Relating to the power of certain municipalities to establish performance standards for underground utilities, landscaping, tree preservation and sign control in a neighborhood empowerment zone. To Land and Resource Management. HB 3514 (By Branch), Relating to student eligibility for tuition rebates offered by general academic teaching institutions. To Higher Education. HB 3515 (By Branch), Relating to the Texas Science, Technology, Engineering, and Mathematics (T-STEM) Challenge Scholarship program. To Higher Education. HB 3516 (By Branch), Relating to requiring a public institution of higher education to make certain faculty information available to the public on the institution's Internet website. To Higher Education. HB 3517 (By Branch), Relating to the administration and business affairs of public institutions of higher education. To Higher Education. HB 3518 (By Rodriguez), Relating to local funding for mobility improvement and transportation projects; providing authority to impose a tax, issue bonds, and impose penalties. To Transportation. HB 3519 (By Lavender), Relating to state administration of certain assessment instruments to public school students. To Public Education. HB 3520 (By Hughes), Relating to advance directives or health care or treatment decisions made by or on behalf of patients. To Human Services. HB 3521 (By Aliseda), Relating to the termination of a volunteer deputy registrar for the submission of an incomplete application for voter registration. To Elections. HB 3522 (By Bonnen), Relating to the punishment for aggravated assault of emergency services personnel; imposing a criminal penalty. To Criminal Jurisprudence. HB 3523 (By Bonnen), Relating to the monetary penalties for Class C misdemeanors and other misdemeanors punishable by a fine only. To Criminal Jurisprudence. HB 3524 (By Bonnen), Relating to the evaluation of certain regional planning commissions. To Land and Resource Management. HB 3525 (By Y. Davis), Relating to mandatory conditions of community supervision for a person placed on community supervision for certain sexual offenses committed against a child. To Criminal Jurisprudence. HB 3526 (By Y. Davis), Relating to requiring certain victim information to be attached to certain arrest warrants. To Criminal Jurisprudence. HB 3527 (By Y. Davis), Relating to the disposition of fines for traffic violations collected by certain municipalities. To Transportation. HB 3528 (By Y. Davis), Relating to distribution of revenue under the public school finance system. To Public Education. HB 3529 (By Y. Davis), Relating to the regulation of debt collection agencies and credit bureaus. To Pensions, Investments, and Financial Services. HB 3530 (By Ritter), Relating to the review and functions of the Texas Water Development Board, including the functions of the board and related entities in connection with the process for establishing and appealing desired future conditions in a groundwater management area. To Natural Resources. HB 3531 (By Strama), Relating to the provision of certain prescription medications to a foster child. To Human Services. HB 3532 (By Strama), Relating to the creation of a competitive solar schools incentive program. To Energy Resources. HB 3533 (By Larson), Relating to granting certain local governments general zoning authority around certain military facilities; providing a penalty. To Defense and Veterans' Affairs. HB 3534 (By Kleinschmidt), Relating to liability of a political subdivision for a violation of certain laws relating to local permits. To Land and Resource Management. HB 3535 (By Kleinschmidt), Relating to liability of a political subdivision for a violation of certain laws relating to local permits; providing a penalty. To Land and Resource Management. HB 3536 (By V. Taylor), Relating to determining eligibility for indigent health care. To Public Health. HB 3537 (By V. Taylor), Relating to collecting information and requiring reimbursement from certain recipients of certain public benefits. To Public Health. HB 3538 (By Thompson), Relating to the release of certain inmates on medically recommended intensive supervision or on super-intensive supervision parole. To Corrections. HB 3539 (By Thompson), Relating to the authority of certain municipalities to acquire by eminent domain certain public utilities. To Land and Resource Management. HB 3540 (By Phillips), Relating to the administration of appraisal districts and the appraisal of property for ad valorem tax purposes. To Ways and Means. HB 3541 (By W. Smith), Relating to requirements to meet national ambient air quality standards. To Environmental Regulation. HB 3542 (By L. Gonzales), Relating to a supplemental payment for retirees of the Teacher Retirement System of Texas and the unfunded actuarial liabilities allowed under that system. To Pensions, Investments, and Financial Services. HB 3543 (By Farrar), Relating to the inclusion of certain local government enforcement actions in the evaluation of compliance history by the Texas Commission on Environmental Quality. To Environmental Regulation. HB 3544 (By Farrar), Relating to the authority of the Texas Commission on Environmental Quality to grant or deny an air contaminant emissions permit. To Environmental Regulation. HB 3545 (By Farrar), Relating to air contaminant emissions in air quality control regions. To Environmental Regulation. HB 3546 (By C. Anderson), Relating to requiring the performance of an autopsy when death is caused or apparently caused by suicide. To Criminal Jurisprudence. HB 3548 (By Alvarado), Relating to the investment authority of the Employees Retirement System of Texas. To Pensions, Investments, and Financial Services. HB 3549 (By Alvarado), Relating to the investment of assets under the management and control of the Teacher Retirement System of Texas. To Pensions, Investments, and Financial Services. HB 3550 (By Fletcher), Relating to imposing a law enforcement fee on certain commercial motor vehicle offenses. To Transportation. HB 3551 (By Garza), Relating to positions that are exempt from a sheriff's department civil service system in certain counties. To Homeland Security and Public Safety. HB 3552 (By Garza), Relating to the exemption from ad valorem taxation of property used to provide low-income or moderate-income housing. To Ways and Means. HB 3553 (By Carter), Relating to unauthorized towing. To Licensing and Administrative Procedures. HB 3554 (By Alvarado), Relating to the repeal of the motor fuels tax exemption for biodiesel and renewable diesel. To Ways and Means. HB 3555 (By Riddle), Relating to the payment of impact fees by school districts and institutions of higher education. To Natural Resources. HB 3556 (By Lucio), Relating to a requirement that a state agency reveal the identity of certain anonymous complainants to the person against whom the state agency has initiated a contested case. To Licensing and Administrative Procedures. HB 3557 (By Lucio), Relating to coverage for autism spectrum disorder under certain health benefit plans. To Insurance. HB 3558 (By Lucio), Relating to information used by the Electric Reliability Council of Texas to settle or resettle a market participant's load or certain trade days. To State Affairs. HB 3559 (By Lucio), Relating to allocation of loans made under the owner-builder loan program. To Urban Affairs. HB 3560 (By Lucio), Relating to the appointment and recommendations of the Border Trade Advisory Committee. To Transportation. HB 3561 (By Lucio), Relating to certain comprehensive development agreements of regional mobility authorities. To Transportation. HB 3562 (By Lucio), Relating to the liability of the state for a violation of the federal Americans with Disabilities Act. To Judiciary and Civil Jurisprudence. HB 3563 (By Lucio), Relating to certain comprehensive development agreements of regional mobility authorities. To Transportation. HB 3564 (By Lucio), Relating to certain comprehensive development agreements of regional mobility authorities. To Transportation. HB 3565 (By Lucio), Relating to certain comprehensive development agreements of regional mobility authorities. To Transportation. HB 3566 (By Lucio), Relating to certain comprehensive development agreements of regional mobility authorities. To Transportation. HB 3567 (By Lucio), Relating to certain comprehensive development agreements of regional mobility authorities. To Transportation. HB 3568 (By Lucio), Relating to the date of the election for trustees of an independent school district. To Public Education. Pursuant to Rule 1, Section 4 of the House Rules, the chair corrects the referral of the following bills and resolutions: HB 2495 (By Hernandez Luna), Relating to cemeteries and perpetual care cemetery corporations. To Pensions, Investments, and Financial Services. HB 2580 (By Murphy), Relating to certain investments by insurance companies and related organizations. To Economic and Small Business Development. HB 2646 (By Orr), Relating to distribution by the School Land Board of revenue derived from permanent school fund land or other properties to the available school fund. To Appropriations. HB 2652 (By Pitts), Relating to the Texas Economic Development Act. To Ways and Means. HB 2732 (By Oliveira), Relating to the application requirements for a local project permit. To Land and Resource Management. Whereupon, the House stands adjourned until 10:00 a.m. tomorrow.
