House Transcript, April 15, 2011

THE SPEAKER: Have all registered? Quorum is present. And House and gallery please rise for the invocation. The Chair recognizes Representative Weber to introduce our pastor of the day.

REPRESENTATIVE RANDY WEBER: Thank you, Mr. Speaker, members. I want you to help me welcome to our gallery, his house, distinguished guests, your house, our pastor of the day is Bob Alderman. He's pastor of First Baptist Church from Rio Grande, Texas. Pastor, please lead us in prayer.

PASTOR: Thank you. I'd like to say thank you to the House for allowing me to be here today. I'm deeply moved and humbled by allowing me to serve the Texas House of Representatives as pastor of the day on this wonderful day the Almighty has given us. On this day and in this session you'll be challenged with difficulties and opportunities. You'll make decisions that will affect the entire state of Texas for many years to come. The power each of you holds is an awesome responsibility, and it makes me glad it's not mine. I'm reminded today that although we believe we are the most powerful, the true seed of power lays inside of Heaven's gates and I both beg and challenge each of you to see God's wisdom at every opportunity. You are truly a chosen group of men and women chosen by your communities and by God for the sacred service. I bring to you today the thanks and appreciation of my family, the church family of First Baptist Church of Rio Grande City, the county of Farr and the citizens of the great state of Texas. Thank you for yielding so much of your time and service to us. Let us pray. Dear Heavenly Father, as we gather here in this solemn chamber today, we stand before Your presence in the precious and powerful name of Your son, Jesus Christ. Lord, we pray for Your grace and wisdom to be upon every member of the Texas House of Representatives. I pray that each of their decisions be guided by Your spirit and centered in Your Holy will for them and the state they serve. Father, I pray for their families today. I pray that You in Your divine grace and mercy protect their families, bless their children, and build closer relationships with their spouses. May each family represented here today know Your presence and experience the fullness of your joy. Lord God, today Texas faces many challenges. We are concerned about our finances, our future and our families. Never before has the prayer, Give us today our daily bread been uttered with such fervency and urgency. We call on You, oh, Lord, for our protection and our provision, build the economy of this wonderful state, and provide both employment and opportunity to our fellow Texans, build healthy families to live in freedom and not fear. Build Texas into Your Holy vision and plan. Lord, bless the men and women who serve you by serving in the Texas House of Representatives. Bless their staff who works so diligently and everyone who serves day by day in their role to support the mission of this body of government. We cry out for your presence in this chamber, oh, God, of wisdom and ask You to direct the decisions of this honorable assembly. Lord, enable them to settle the business of Texas on the best and surest foundation. Giving You glory all along the way. Preserve the health of their bodies and the vigor of their minds. Shower down on them and the millions they represent the true blessings from above. Build unity and respect among them so that they may reflect Your kingdom. Oh, God, we ask for Your divine protection upon the sons and daughters of not only Texas but from all across our great country. Those that have volunteered to serve in the Armed Forces of these United States. We pray for the success of their missions and their safe return for their home and families. Build Your protection around them, hold them safe in Your hands and be their strong shield. Lord, today we also pray for the Texas Senate as they conduct their business and for our governor, Rick Perry. Thank You for them and their service. Today, Father, I pray that You would wrap Your arms around the Texas House of Representatives and draw them in close to you. May they know Your presence, seek Your will, and find Your peace. All this we ask in the name and the merits of Jesus Christ, Your Son, and our Savior. Amen.

THE SPEAKER: Chair recognizes Representative Davis to lead us in the pledge.

REPRESENTATIVE SARAH DAVIS: Thank you, Mr. Speaker, members, distinguished guests. Please join me in the pledges of allegiance.

(Pledges.)

THE SPEAKER: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, it's my great pleasure to present today as pastor of the day again, I think someone may have already presented him. But Pastor Bob Alderman of the First Baptist Church of Rio Grande City. Brother Bob as we call him in my hometown is a close personal friend and shining example of a community leader who works tirelessly to improve the lives of local residents regardless of their church affiliation. It's my pleasure to welcome him back to the Texas House of Representatives. Would y'all all give him a round of applause and help me welcome him back to the Texas House.

THE SPEAKER: Excuse Representative Harless because of illness on the motion of Representative Hopson. Excuse Representative Walle due to important business in the district on the motion of Representative Hernandez Luna. Excuse Representative Flynn due to important business in the district on the motion of Representative Berman. Excuse Representative Todd Smith on illness on the motion of Representative Hunter. Excuse Representative Reynolds because of a death in the family on the motion of Representative Devaughn Davis. Excuse Representative Kolkhorst because of important district in the business on the motion of Representative Geren. Is there objection? Chair hears none, so ordered. Madam Doorkeeper.

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

THE SPEAKER: Admit the messenger.

MESSENGER: Thank you, 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: SB54 by Zaffirini relating to certifications to teach public school students who have visual impairments;

THE SPEAKER: Chair recognizes Representative Chisum for a motion.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, I move to suspend all necessary rules to take up and consider House Resolution 877.

REPRESENTATIVE KEN LEGLER: Is there objection? Chair hears none. It will be. Chair lays out the following resolution. Clerk will read the resolution.

CLERK: HR877 by Chisum. WHEREAS, Horace Puckett and Bruce Hlesko have made significant contributions in behalf of hospitalized children in Texas through the charitable organization they founded known as Fireball; and WHEREAS, Formed in 1993, Fireball got its start when "Gorilla" Puckett, Bruce Hlesko, and others came together to serve a meal and raise some funds after a friend suffered severe burns; Soon they decided to create a nonprofit organization and to donate any proceeds they made from events to the Shriners Hospital for Children in Galveston, a pediatric burn facility; and WHEREAS, The group now hosts two functions a year, a barbeque in the fall and a crawfish boil in the spring; events feature such activities as live music, raffles, auctions, door prizes, and motorcycle rides, and over the years Fireball has raised more than $70,000 for the hospital; and. WHEREAS, In addition to founding the organization, Mr. Puckett and Mr. Hlesko have served as president and vice president of Fireball for 14 years; a member of the 100 Million Dollar Club, an association that encourages donations to the Shriners Hospitals for Children, Mr. Puckett is also a founding member and former president of the Ben Hur Motorcycle Club and a former president of its Trailblazers unit, a life member of the Lockhart Shrine Club and a member of the Onion Creek Masonic Lodge No. 220; Mr. Hlesko is a master electrician and business owner; and WHEREAS, Gorilla Puckett and Bruce Hlesko have long given generously of their time, energy, and financial resources to benefit others, and their tireless efforts are truly worthy of commendation; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Horace "Gorilla" Puckett and Bruce Hlesko for their humanitarian endeavors as the founders of Fireball and extend to them sincere best wishes for continued success with their important work; and, be it further RESOLVED, That official copies of this resolution be prepared for Mr. Puckett and Mr. Hlesko as an expression of high regard by the Texas House of Representatives.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Chisum.

REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, our House rules won't allow you to come on the floor in your shorts, but I want you to recognize Gorilla up here. Gorilla, wave at us up there. This guy raised $75,000 for the crippled children of Texas to go to the Shriner's Hospital. Thank you very much, Gorilla. Appreciate all your work and I know that your buddy back here helps you do that, but you're to be recognized. The Shriner's Hospital does not have a billing department. We take everybody that shows up. So they're to be recognized. Ben Hur Shriner's Temple created this in 1993, and these guys have raised a lot of money for the Shriner's Burn Institute at Galveston, and I have to admit to you that had it not been for Craig Eiland after the hurricane, that institution would not have been in place. So we owe them guys a great gratitude because that's something that is unique to Texas and we need to make sure we understand that. And the (inaudible) of Ben Hur is up here and all of y'all come up here and meet them. Thank you very much. All right. Their fundraiser this year is May 14th at 620 Electric. Everyone show up for it. Thank you.

REPRESENTATIVE KEN LEGLER: Members, you've heard the motion. Chair hears no objection so let it be. Resolution will be adopted. Representative Eiland moves to have all names. Members, (inaudible). The Chair lays out on third reading House Bill 1000. Clerk, read the bill.

CLERK: HB 1000 by Branch relating to the distribution of money appropriated from the national research university fund and to one or more audits of certain general academic teaching institutions in connection with that distribution.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Branch to explain the bill.

REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, members. This is the Cheer 1 bill. The Cheer that passed without objection yesterday. And I move passage.

REPRESENTATIVE KEN LEGLER: Anyone wishing to speak on, for or against House Bill 1000? If not, question occurs on final passage of House Bill 1000. This is a record vote. Clerk ring the bell. Show Representative Branch voting aye. Representative Cooke voting aye. Have all members voted? Have all members voted? Show Representative Geren voting aye. Anyone else? Have all members voted? There being 138 ayes, 0 nays, House Bill 1000 passes. Chair lays out on third reading House Bill 1861. The clerk will read the bill.

CLERK: HB 1861 by Anchia, relating to the continuation and functions of the Commission on State Emergency Communications.

REPRESENTATIVE KEN LEGLER: The Chair recognizes Representative Anchia to explain the bill. Excuse me. Chair recognizes Representative Cook.

REPRESENTATIVE BYRON COOK: This is the emergency communications sunset bill that we passed yesterday. Move passage.

REPRESENTATIVE KEN LEGLER: Members, anyone wishing to speak on, for or against House Bill 1861? Chair hears none. Excuse me, I'm sorry. This is a record vote. This is a record vote. Clerk, ring the bell. Have all members voted? Have all members voted? All members voted. There being 140 ayes, 0 nays, House Bill 1861 finally passes. Chair lays out on third reading House Bill 600. Clerk, read the bill.

CLERK: House Bill 600 by Solomons relating to the composition of the Districts for the election of members of the State Board of Education.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Solomons to explain the bill.

REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker and members. This will be the State Board of Education redistricting bill that we passed yesterday. I move passage.

REPRESENTATIVE KEN LEGLER: Members, anyone wishing to speak on, for or against House Bill 600? If not, question occurs on final passage of House Bill 600. The clerk will ring the bell. Have all members voted? Have all members voted? There being 104 ayes, 34 nays, House Bill 600 finally passes. Chair lays out on third reading House Bill 33. Clerk will read the bill.

CLERK: House Bill 33 by Branch relating to measures to increase the affordability of textbooks used for courses at public or private institutions of higher education.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Branch to explain the bill.

REPRESENTATIVE DAN BRANCH: Thank you, members and Speaker. I move passage. This is the bill on college book transparency.

REPRESENTATIVE KEN LEGLER: Members, The clerk will ring the bell. Show Representative Branch voting aye. Have all members voted? Have all members voted? Show Representative Geren voting aye. There being 138 ayes, 0 nays, House Bill 33 finally passes. Chair lays out on third reading House Bill 253. Clerk will read the bill.

CLERK: House Bill 253 by Hilderbran relating to the protection of children by ensuring reports of abuse or neglect, protecting children from abuse and neglect, ensuring that births are reported, and prosecuting the offense of bigamy; providing criminal penalties.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Hilderbran to explain the bill. Chair recognizes Representative Taylor to explain the bill.

REPRESENTATIVE LARRY TAYLOR: Members, this is for the child abuse reporting requirement. Move passage.

REPRESENTATIVE KEN LEGLER: Members, The clerk will ring the bell. Have all members voted? Have all members voted? There being 134 ayes, 1 nay, House Bill 253 finally passes. Chair lays out on third reading House Bill 588. Clerk will read the bill.

CLERK: House Bill 588 by Guillen relating to the advance payment of surcharges under the Driver Responsibility Program.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Guillen to explain the bill.

REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members. This is just the advanced payment of surcharges bill that we laid out yesterday. Move passage.

REPRESENTATIVE KEN LEGLER: Members, The clerk will ring the bell. Have all members voted? Have all members voted? House Bill 588 finally passes. There being 137 ayes, 1 nay, excuse me. Chair lays out on third reading House Bill 975. Clerk will read the bill.

CLERK: House Bill 975 by Dutton relating to eligibility to serve on the appraisal review board of an appraisal district.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Dutton to explain the bill.

REPRESENTATIVE LARRY TAYLOR: Thank you, Mr. Speaker. Members, this relates to eligibility to serve on the appraisal review board of an appraisal district. Move final passage.

REPRESENTATIVE KEN LEGLER: Members, The clerk will ring the bell. Have all members voted? Have all members voted? House Bill 975 finally passes. There being 138 ayes, 1 nay. Chair lays out on third reading House Bill 1075. Clerk will read the bill.

CLERK: House Bill 1075 by Anderson of Dallas relating to an alert for a missing person with an intellectual developmental disability.

REPRESENTATIVE KEN LEGLER: Chair recognizes Taylor of Galveston to explain the bill.

REPRESENTATIVE LARRY TAYLOR: Thank you, members, Mr. Speaker. This has to do with an alert of a missing person with an intellectual developmental disability. Move passage.

REPRESENTATIVE KEN LEGLER: Members, you heard the motion. Anyone wishing to speak on, for or against House Bill 1075? Chair hears none, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 140 ayes, 0 nay, House Bill 1075 finally passes. Congratulations to Mr. Taylor for passing Mr. Anderson's first bill. Chair lays out on third reading House Bill 2257. Clerk will read the bill.

CLERK: House Bill 2257 by Phillips relating to the procurement and use of an emergency notification system by public service providers.

REPRESENTATIVE KEN LEGLER: Chair recognizes --

REPRESENTATIVE LARRY PHILLIPS: Members, this was the bill from yesterday regarding the emergency notification system by public service providers. I move passage.

REPRESENTATIVE KEN LEGLER: Anyone wishing to speak on, for or against House Bill The clerk will ring the bell. Have all members voted? Have all members voted? There being 139 ayes, 0 nay, House Bill 2257 finally passes. Chair lays out on third reading Senate SB 309. Clerk will read the bill.

CLERK: SB 309 by Harris relating to events to receive funding through a major events trust fund.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Patrick.

REPRESENTATIVE DIANNE PATRICK: Member s, this is the bill we passed unanimously yesterday which simply adds four events to the major funding and requires a report. I move passage.

REPRESENTATIVE KEN LEGLER: Members, you've heard the motion. Anyone wishing to speak on, for or against SB309? Chair hears none. Question occurs on final passage of SB309. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? SB309 is finally passed by a vote of 134 to 6 nays. Chair lays out on third reading SB 458. Clerk will read the bill.

CLERK: SB458 by Seliger relating to initial claims under the unemployment compensation system.

REPRESENTATIVE KEN LEGLER: Chair recognizes Ms. Woolley.

REPRESENTATIVE BEVERLY WOOLLEY: Mr. Speaker, members, this is the bill we passed yesterday relating to closing a loophole in unemployment benefits. Move passage.

REPRESENTATIVE KEN LEGLER: Members, you've heard the motion. Anyone wishing to speak on, for or against SB458? Chair hears none. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 140 ayes, 0 nays, SB458 is finally passed. Chair lays out on second reading as a matter of postponed business House Bill 992 Clerk will read the bill.

CLERK: House Bill 992 by Castro relating to excess undergraduate credit hours at public institutions of higher education.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Fischer.

UNIDENTIFIED SPEAKER: Thank you, Mr. Speaker, members. I move to move House Bill 992 to the end of today's calendar.

REPRESENTATIVE KEN LEGLER: Members, you've heard the motion. Chair hears none, end of calendar. Members, that brings us to our first sunset bill of the day. Chair lays out on second reading House Bill 2499. Clerk, read the bill.

CLERK: House Bill 2499 by Cook relating to the continuation and functions of the Department of Information Resources.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Chairman Cook to explain the bill.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker, members. This is the DIR sunset bill. Before I get into the provision, I would like to encourage member, if you hadn't done so, you need to read the sunset report on this agency. Both the September report and the December findings. It was probably one of the worst sunset reports I've ever read, and this agency that needed a tremendous amount of help. We're going to lay out the recommendations for this agency. I'm not sure it can save it, but at least we can get started. Well, we have a number of amendments. We're going to see if we can get ourselves situated. The sunset identified numerous problems with the DIR management of its internal operations and a lack of much needed oversight. The bill contains the sunset's recommendations to limit DIR's focus and increase attention oversight of the agency's board of directors and legislature. The bill brings focus to DIR by transferring the statewide purchasing program for IT service and provide to DIR to move to the comptroller's office. This move would focus DIR on its core mission to serve state agencies on other highly complex statewide programs such as data service centers, telecommunication and Texas.gov. It would add to the existing statewide purchasing program at the comptroller's office and would consolidate statewide purchasing in one agency. Transfer staff and appropriations from DIR to the comptroller's office to ensure the comptroller's office has the necessary resources to manage its additional responsibility. Board appoints a new DIR board of directors, an internal audit and a board audit subcommittee, which is entirely and woefully lacking and cause the board to actually approve major contracts such as the IBM contract which the board of directors did not approve. The bill requires management of DIR's cost recovery program and administrative costs are requiring clear fee setting procedures reporting, a clear policy for use of contractors and consultants, improve DIR's management contract function by requiring clear contract management policies and procedures and strict conflict of interest provisions. Finally, the board continues DIR for six years, provide the legislative oversight as necessary to ensure the problems are corrected. Mr. Speaker, I think there are a number of amendments.

REPRESENTATIVE KEN LEGLER: Members, the following amendment, the clerk will read the amendment.

REPRESENTATIVE FRED BROWN: Mr. Speaker, will the gentleman yield?

REPRESENTATIVE BYRON COOK: I yield.

REPRESENTATIVE FRED BROWN: Chairman, this is the same agency that for the last six years we're been battling to try to get them in line, isn't it?

REPRESENTATIVE BYRON COOK: That's correct.

REPRESENTATIVE FRED BROWN: You know, if you'll remember, when the bearing point problem happened, we added rider 10 last session to the appropriations bill. And they've had two years to get rider 10 in place and that hasn't happened yet. And that's probably the reason we have this big breach of 3 and a half million people that came out of the comptroller's office because rider 10 wasn't in place.

REPRESENTATIVE BYRON COOK: It certainly made the problem worse.

REPRESENTATIVE FRED BROWN: And then early in the session I tried to get information out of them having to do with the contract for tiers and I called them on four different times to get answers on what we were paying on the licenses for our tiers program and have never gotten a straight answer out of them.

REPRESENTATIVE BYRON COOK: I'm not surprised.

REPRESENTATIVE FRED BROWN: This is a good bill. Thank you.

REPRESENTATIVE BYRON COOK: Thank you.

REPRESENTATIVE KEN LEGLER: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Lucio.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Lucio to explain his amendment.

REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker, members. I will agree with Chairman Cook, by the way, who I want to thank for all his hard work on the sunset and all the other members on the sunset committee. I know it took an incredible amount of time and effort to do a good job on the committee, and I think they have done a wonderful job. DIR is a state agency that I have worked fairly closely with and it has had its problems. It has a tremendous amount of responsibility with regard to technology in our state. And there have been some changes in the administration. And what I'm asking for is to allow those changes in the administration to take effect. Allow them to do their job. A lot of folks are working with DIR who were previously around our state, those who are using their purchasing power who have previously had issues with DIR are now starting to understand that those changes are taking place. And what this amendment does it would push sunset back to next session. So I would ask for your favorable consideration and free to answer any questions.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Cook in opposition of amendment.

REPRESENTATIVE FRED BROWN: Thank you. And my dear friend, Eddie, I appreciate what you're trying to do with moving this forward to 2017 to 2013. Unless you have an amendment to the amendment, 5 through 6 basically take all the sunset provisions out of this bill and leaves this agency status quo, which I don't know why anybody would want to do that, so that's the reason I --

REPRESENTATIVE EDDIE LUCIO: Would have to offer an amendment to the amendment?

REPRESENTATIVE FRED BROWN: That's correct.

REPRESENTATIVE EDDIE LUCIO: Can we get one second?

REPRESENTATIVE KEN LEGLER: Following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Lucio.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Lucio. Representative Lucio withdraws the amendment to the amendment. We're back on the Lucio amendment. Chair recognizes Representative Lucio.

REPRESENTATIVE EDDIE LUCIO: Sorry, Mr. Speaker, and members about the confusion. I've had a tough morning getting my daughter to daycare so my brain is working a little slow this morning. But essentially what this would do is it would keep the status quo for one more cycle to allow them to experience the changes they have recently made and give them an opportunity to be successful. We have -- as Representative Brown has been a critic, you know, justifiably of this state agency. And we have given them many reprimands and instructions to do things differently but now we're not allowing them an opportunity to implement those things. So what this would essentially do is allow them a two year cycle or a biennium cycle, come back in 2013, and sunset them at that point to implement those changes.

REPRESENTATIVE KEN LEGLER: Representative Cook to speak in opposition of amendment.

REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker, members. I'm going to move to table this amendment. Once again, I'm going to go back and tell you to look at the sunset report. This is one of the most troubled agencies we have in the state. So to leave this status quo and hope that it actually implements the audit program that they should, hope they get these contracts in place, I think it's extremely important that we hold this agency accountably, and truly we can only do it through this piece of legislation. So I'm going to move respectfully to table this amendment.

REPRESENTATIVE KEN LEGLER: Representative Lucio to close on his amendment.

REPRESENTATIVE EDDIE LUCIO: Again, members, I understand. And those concerns regarding this state agency are valid. However, they have done a tremendous amount in the recent times to self correct, and that's what we would all want to do. We either want industry or state government to self correct. And they are doing a great job. Those that use this state agency for purchasing power have their concerns with their state agency but recently have seen a tremendous amount of effort in an attempt to move the ball in the right direction. So I would ask you to give them an opportunity to work as we've instructed them and they've recently moved the ball in the right direction.

REPRESENTATIVE KEN LEGLER: Representative Lucio sends up an amendment. Representative Cook moves to table. Question is on the motion to table. Vote aye, vote no, members. Clerk will ring the bell. Show Representative Cook voting aye. Representative Lucio showing no. Show Representative Stinson voting aye. Have all members voted? Have all members voted? With 104 ayes, 31 ayes, motion to table prevails. Following amendment, clerk will read the amendment. The amendment is temporarily withdrawn. Please excuse Representative Otto because of important business in the district on a motion of Representative Orr. Please excuse Representative Phil King because of important business in the district on a motion of Representative Morrison. Chair recognizes Representative Lucio. Representative Lucio? Chair recognizes Representative Lucio for an amendment. Oh, wait. Excuse me. Following amendment, the clerk will read the amendment.

CLERK: Amendment by Lucio.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Lucio to explain his amendment.

REPRESENTATIVE EDDIE LUCIO: Mr. Speaker, members, if we could play close attention to this amendment. You know, that first amendment I absolutely believed it was necessary but this amendment is actually of the utmost importance. Having spoken with Chairman Cook and having discussed, you know, the interim report, the sunset report having to do with this specific agency, he does have major concerns and he does feel -- sincerely feel they have done a very poor job. However, there are some points, there are some areas where they have succeeded or they have done well. One of those areas is procurement. They have, in my opinion, done a fantastic job at utilizing HUB. Really increasing the amount of HUBs participating in the DIR process. What this sunset bill would do is move procurement to the office of the comptroller, which I have no problem with. I think comptroller's office is doing a great job. However, in terms of their HUB recent history, they have a very poor track record regarding how they utilize HUBs. And so this is one area where the Chairman has told me he agrees that DIR has told me they're doing a good job. I think we should keep them there. We should protect our HUBs in our state, we should protect our small businesses, and we should leave it in a state agency who's doing a good job utilizing our HUBs and the procurement process for our state. And so this is what this is about. We don't know what to expect if this portion of our responsibility is moved over to the comptroller's office. We do know what we're getting with DIR, and although we know there are areas that they struggled, this is one area that they're doing well. So I would ask the Chairman to consider taking this amendment, but I would leave it to his discretion.

REPRESENTATIVE KEN LEGLER: Representative Pettis, for what purpose?

REPRESENTATIVE LARRY PHILLIPS: Will Representative Cook yield?

REPRESENTATIVE KEN LEGLER: Representative Cook, do you yield for a question?

REPRESENTATIVE BYRON COOK: Yes, I yield.

REPRESENTATIVE KEN LEGLER: Hold on. Representative Cook to speak in opposition.

REPRESENTATIVE LARRY PHILLIPS: Will the gentleman yield?

REPRESENTATIVE KEN LEGLER: The gentleman yields for a question.

REPRESENTATIVE LARRY PHILLIPS: Representative Cook, (inaudible) on this information, what he's suggesting striking is the portion where we transfer certain things to the comptroller; is that right?

REPRESENTATIVE BYRON COOK: Correct.

REPRESENTATIVE LARRY PHILLIPS: Okay. Let me ask you about DIR. I don't know enough about, and I'm sure they could probably affect my computer records, there are all kinds of stuff, so I guess I need to watch out. But do we put in a lot of our statutes that you have to use DIR to purchase anything?

REPRESENTATIVE BYRON COOK: We do -- state agencies and then other governmental entities. School districts are not required but they can buy technology commodities through DIR.

REPRESENTATIVE LARRY PHILLIPS: But do we make and require some of our state agencies use DIR to get their equipment?

REPRESENTATIVE BYRON COOK: Correct.

REPRESENTATIVE LARRY PHILLIPS: But do we make them? They don't have a choice?

REPRESENTATIVE BYRON COOK: They're required to buy through DIR, yes.

REPRESENTATIVE LARRY PHILLIPS: And did you find that there are some agencies that have to do some work or are required to do some changes and they are criticized out there because they have not implemented things that we've requested of them and it's because they haven't been able to get the equipment necessary in a timely fashion? Are you aware of some of that?

REPRESENTATIVE BYRON COOK: Let me just dispel something. This is the one area that on the surface looks like DIR is doing a good job. Matter of fact, they've gotten so interested in this that I think they deviated from their core mission which is with respect to data service centers, telecommunications, but even in this area has serious flaws. For example, this is done on a cost recovery system. So everybody needs to remember DIR makes a profit every time a commodity is bought, DIR makes .92 percent profit. And actually it's actually encouraged the higher the prices are, the more profit. So once again, in the last year, I think the funds balanced in this area I think was $17 million which means that the taxpayers are bearing the burden here, but, once again, I think --

REPRESENTATIVE LARRY PHILLIPS: I guess what it's saying is narrow their focus back to what?

REPRESENTATIVE BYRON COOK: I want them to get back to their core business, which should be technology, which should be data service centers, which should be tech san, and which should be gov.org. I mean, that's where they should be concentrating their efforts.

REPRESENTATIVE LARRY PHILLIPS: And his amendment would take you away from that goal that sunset's recommended and that you're bringing to us?

REPRESENTATIVE BYRON COOK: His amendment would allow them to continue to buy technology commodities and even worse --

REPRESENTATIVE LARRY PHILLIPS: Let me clarify for the record. I've been told that Sunset had this exact recommendation.

REPRESENTATIVE BYRON COOK: Pardon me?

REPRESENTATIVE LARRY PHILLIPS: That Sunset did not have this recommendation. We need to clarify that up --

REPRESENTATIVE BYRON COOK: No, this is not a sunset recommendation. Sunset recommendation was to move it over to the comptroller's office. And one other thing that the members need to be made aware of is the buying strategy is very different. DIR uses a best value or a price for one strategy for buying which is very different from a low bid strategy. So if you look at like in 2009 when the agency bought $1.3 million in technology commodities, if they used a low bid strategy where you go out and you try to aggregate the total volume, the lowest price, I believe, you know, we should expect anywhere from -- I think we realized a 10 percent savings. So on $1.3 million, we're talking a billion dollars --

REPRESENTATIVE LARRY PHILLIPS:

(Inaudible) not do that, because they make money off of the -- the more they sell, the more money they get. That's the way they were set up. So there's nobody there that -- that's how it's set up, right?

REPRESENTATIVE BYRON COOK: That's right. And the other thing is the comptroller's office, they use (inaudible), which means if TxDOT goes out and buys a commodity at a lower price than the contract, then everybody else -- my school district, (inaudible), Texas would be able to purchase at that same price.

REPRESENTATIVE LARRY PHILLIPS: I think he does have a good amendment.

REPRESENTATIVE EDDIE LUCIO: Mr. Speaker, will the gentleman yield?

REPRESENTATIVE KEN LEGLER: Mr. Lucio --

REPRESENTATIVE EDDIE LUCIO: For a question.

REPRESENTATIVE KEN LEGLER: Will the gentleman yield?

REPRESENTATIVE BYRON COOK: Yes, sir.

REPRESENTATIVE EDDIE LUCIO: Mr. Chairman, I do want to clarify something because the information that I have before me states that the sunset commission staff as part of their report to the commission did not recommend that the procurement part of DIR be transferred to the comptroller of public accounts. Actually, in fact, what it recommended is that they stay and we do a study and that it's actually your recommendation.

REPRESENTATIVE BYRON COOK: That's correct.

REPRESENTATIVE EDDIE LUCIO: So, you know, just to clarify for the membership, sunset commission staff who thoroughly vetted this state agency and made many, many recommendations regarding changing its operations, the one thing they did say is to keep the procurement as part of the DIR, do a study and at this time and not move over --

REPRESENTATIVE BYRON COOK: But if you read the reports, you'll see that the sunset staff

(inaudible) DIR in their procurement recommendations and findings. But I am grateful to the sunset commission who supported the -- overwhelmingly supported the recommendation that I made that it be moved.

REPRESENTATIVE EDDIE LUCIO: So currently HUB utilization and DIR and ITT contract are a robust 22 percent and in contract HUB utilization at the comptroller of public accounts term contract is only 3 percent. So the difference between HUB utilization as is with DIR at 22 percent, but the comptroller of public accounts we're talking percent. So that's a significant change.

REPRESENTATIVE BYRON COOK: One of the problems with that is one of them is selling mops and brooms, and one of them is selling technology. And, you know, I struggled -- I'm glad you brought up the whole point about HUB utilization because I think that's a very valid point, I think it's extremely important to a lot of members here so I pulled up DIR's use internal of HUBs as well as the comptroller. In 2010 DIR's HUB expenditures for its agency was 6,400,000 and change or 12.8 percent as opposed to the comptroller's office which was 11,799,000 or 29 percent, so that agency as an agency is putting its money where it's mouth is and doing a much better job of buying through HUBs. Members, I'm going to move to table this amendment. I hope you'll stay with me because the reality of the fact is I'm very confident if we move this to the comptroller's office and they utilize the strategies they have in place which is low bid, we're going to save tax payers of this state, once again, $1.3 million, a billion dollars in purchases if we can affect that by 10 percent by using a low bid strategy, which is what most people do in the private sector, as opposed to a best value, a very significant savings for this state and school districts and other governmental entities. So once again I ask you to stay with me, and I move to table.

REPRESENTATIVE KEN LEGLER: Chair recognizes Representative Lucio to close.

REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker. Again, Mr. Chairman, I hate to be on an opposite side of an issue with you because you are one of my favorite members. Let me just clarify a few things. First, sunset commission staff did not recommend moving the procurement from DIR to the comptroller's office. Two, in terms of best value, there are a lot of things we have to consider now when we're considering bids, and lowest price does not necessarily mean you're making the best decision for your state agency or comparing ourselves to the private sector for your business. Best value is exactly what it is. It's an overall strategic decision regarding how you're going to do your procurement process. This process is working in place. Chairman Cook feels confident that if we move to the comptroller's office it will also work, but there's no guarantees. What we do now is it's working, and we're taking the single thing that the commission staff has pointed out that we're doing well and we're taking the single thing that we're doing well and we're moving it and we're leaving all the other stuff that they've suffered and have not successfully completed, we're leaving that in the state agency. So in terms of making good decisions as a body, we're actually doing quite the opposite here. We're leaving all the things they failed to do well and moving the one thing --

REPRESENTATIVE KEN LEGLER: Will the gentleman yield for a question?

REPRESENTATIVE EDDIE LUCIO: Absolutely.

REPRESENTATIVE KEN LEGLER: The gentleman yields for a question.

REPRESENTATIVE JOSE MENENDEZ: Represe ntative Lucio, if I understand you correctly, in trying to understand the differences, we could have a low bid that could be a dollar less than the best quality supplier for a product, correct?

REPRESENTATIVE EDDIE LUCIO: That's exactly right.

REPRESENTATIVE JOSE MENENDEZ: And then at that point, the person making the purchasing decision couldn't go with the company that they know gives them the best quality product because it was a dollar more than the low bid; is that correct?

REPRESENTATIVE EDDIE LUCIO: That's exactly right. That's exactly right.

REPRESENTATIVE JOSE MENENDEZ: So shouldn't we trust those organizations who are happy? That's why we have sunset staff saying this process is working because they feel that the best value is better than low bid, correct?

REPRESENTATIVE EDDIE LUCIO: Absolutely. And businesses will strategically underbid their competitors not because it's the best thing for their business but they're trying to cut out their competitors from doing business. So if they can tread water and operate at a loss for a long enough period, they have completely cut out their competitors. So, you know, I really don't know why this wouldn't be acceptable to the author. Again, from his own admission, from also the recommendations of sunset staff, we are taking the one thing that they have done well and are taking it away from this state agency in hopes of where it's going to land -- again, I have nothing against the comptroller's office, but where it's going to land it's going to do well. There's no guarantee. They've done a tremendous service to our HUB by keeping it in the DIR process. And I ask you to please vote no to table.

REPRESENTATIVE HARVEY HILDERBRAN: Mr. Speaker, will the gentleman yield?

REPRESENTATIVE KEN LEGLER: Will the gentleman yield?

REPRESENTATIVE EDDIE LUCIO: I will yield despite he did not come to the football game. Yes, I will.

REPRESENTATIVE HARVEY HILDERBRAN: Representative Lucio, does your amendment just keep it at DIR --

REPRESENTATIVE EDDIE LUCIO: That is correct.

REPRESENTATIVE HARVEY HILDERBRAN: Because obviously some of the things that have occurred recently it does kind of underscore some of the concerns. Did you know historically what happened before DIR existed, Texas Facilities Commission actually took care of this procurement and the data? It's something they're still capable of doing. And so as you're having discussions in the last day or two, so I'm kind of -- I didn't bring an amendment, I think it's important to consider this issue.

REPRESENTATIVE EDDIE LUCIO: Mr. Chairman, respectfully, we made a decision as a body to create the Department of Information Resources. We have given them the task of this procurement and allowing a lot of our local entities to participate. We're doing a sunset review over their performance. We're singling out areas of responsibility that we're either going to commend them or say that there needs to be some changes. This is the one area that they're doing well. They're utilizing HUBS, that those that participate in the procurement process, local entities are happy with. Those local entities are saving money. And for them to take the one thing that was positive in this whole sunset review process and moving it, I don't think that that makes sense.

REPRESENTATIVE HARVEY HILDERBRAN: If we don't accept your amendment or your amendment doesn't go on, do we need to do away with the whole agency? If the one good thing they're doing or the most important thing they do best is going to be removed and go somewhere else where it may take a while to get it going good again, or if they have problems in the new area, is this something that could go on, we don't need the agency?

REPRESENTATIVE EDDIE LUCIO: Well, I think the recommendations of the sunset staff -- and actually I'm glad you asked that, Mr. Chairman. In the recent future -- in the recent past, excuse me, they have taken tremendous steps to self correct. Now, we want to have a sunset process and make sure that continues to happen. This agency is on the right track.

REPRESENTATIVE HARVEY HILDERBRAN: The new executive team --

REPRESENTATIVE EDDIE LUCIO: The new executive team is doing a great job. However, before that there was some issues, and although they're moving in the right direction, we feel it necessary to make some changes. And I support those changes. But this specific issue I think we need to look closely at. I ask you to vote no on the motion to table.

REPRESENTATIVE KEN LEGLER: Representative Lucio sends up an amendment. Representative Cooks moves to table the amendment. Question is on the motion to table. Vote aye, vote nay. Clerk will ring the bell. Show Representative Cook voting aye. Representative Lucio voting nay. Have all members voted? Have all members voted? Being 76 ayes, 56 nays, the motion to table prevails.

REPRESENTATIVE CAROL ALVARADO: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Brown.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Brown.

REPRESENTATIVE FRED BROWN: Thank you, Madam Speaker and members. I do have an amendment to the amendment.

REPRESENTATIVE CAROL ALVARADO: The following amendment to the amendment. Clerk will read the amendment.

CLERK: Amendment to the amendment by Brown.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Brown.

REPRESENTATIVE FRED BROWN: Thank you, Madam Speaker and members. What this amendment does, I hope, is take care of all the concerns that we have. The biggest concern was that all these companies that have contracts right now with DIR would lose their contracts on August 31st. This amendment to the amendment says that if this goes to the comptroller's office that she will not cancel the contracts on August 31st and will follow through on whatever the contract dates are for all those contracts. And I think it's acceptable to the author.

REPRESENTATIVE CAROL ALVARADO: Representative Brown sends up an amendment to the amendment. And it is acceptable to the author. Any objections? Chair hears none, so ordered. Now we're on the Brown amendment as amended. Chair recognizes Representative Brown.

REPRESENTATIVE FRED BROWN: Thank you, Madam Speaker and members. I don't have a lot of warm fuzzies thinking about moving everything to the comptroller's office. But I'll be the first to admit we have serious problems with the DIR and I support the Chairman entirely on his efforts and all his hard work in getting this done. And I think my amendment is acceptable to the author.

REPRESENTATIVE CAROL ALVARADO: Mr. Brown sends up an amendment, and the amendment is acceptable to the author. Any objections? Hearing none. The following amendment, the clerk will read the amendment.

CLERK: Amendment by Castro.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: Madam Speaker, members, this amendment simply puts a member on the public advisory committee that is created in the bill. And I have an amendment to the amendment which makes that more clear. And the amendment to the amendment is acceptable to the author.

REPRESENTATIVE CAROL ALVARADO: The following amendment to the amendment, the clerk will read the amendment.

CLERK: Amendment to the amendment by Castro.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: Again, the amendment simply puts a public member on the customary advisory committee, and I believe it's acceptable to the author.

REPRESENTATIVE CAROL ALVARADO: Representative Castro sends up an amendment to the amendment, and it is acceptable to the author. Any objection? Chair hears none, so ordered. We're now on the Castro amendment as amended. The Castro amendment as amended is acceptable to the author. Any objection? Chair hears none, so ordered. The following amendment, the clerk will read the amendment. Members, that completes the amendments. Is there anyone wishing to speak on, for or against House Bill 2499? If not, Chair recognizes Representative Cook to close.

REPRESENTATIVE BYRON COOK: Thank you, Madam Speaker, members. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, the question occurs on passage to engrossment on HB2499. All those in favor say aye, opposed nay. The ayes have it. House Bill 2499 is passed to engrossment. Chair lays out on second reading House Bill 1774. Clerk will read the bill.

CLERK: HB1774 by Taylor of Galveston relating to the continuation and functions of the office of injured employee counsel under the workers' compensation program.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Taylor.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam Speaker, members. Members, this is the sunset bill on the office of injured employee counsel which was established in 2005 as an independent agency to represent the interests of workers' compensation claimants. To achieve its mission, the office carries out the following key activities: Represent unrepresented injured employees navigate the division of workers' compensation in the dispute resolution process, they advocate on behalf of injured employees as a class, rule making and judicial proceedings and educate the employees on the workers' compensation system. In this legislation there are four basic major provisions. First of all, it continues the agency for another six years to coincide the next review of the sunset committee for workers' compensation. It also limits the office's authority to act as claims files for injured employees. The office is not directly assisting, it adds standard language to the sunset office to maintain complaint information and encourage the use of its alternative dispute resolution process. And then finally it changes the law to add an additional month to submit its legislative report since the office is dependent upon the office of workers' compensation. And I believe we have one amendment.

REPRESENTATIVE CAROL ALVARADO: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Deshotel.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Deshotel.

REPRESENTATIVE JOE DESHOTEL: Thank you, Madam Speaker. This amendment allows the department to seek grants, and our grant money would be reused to hire additional ombudsman. It would relieve the general revenue fund and I think it's acceptable to the author.

REPRESENTATIVE CAROL ALVARADO: Representative Deshotel sends up an amendment, the amendment is acceptable to the author. Any objection? Chair hears none, amendment's adopted. Is there anyone wishing to speak on, for or against House Bill 1774? If not, Chair recognizes Representative Taylor to close.

REPRESENTATIVE LARRY TAYLOR: Thank you, Madam Speaker, members. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, question occurs on passage of HB1774 to engrossment. All in favor say aye. All those opposed. The ayes have it. House Bill 1774 is passed to engrossment. Chair recognizes Representative Hunter for a motion.

REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, I request permission on the committee on calendars to meet while the House is in session at 10:45 a.m. today April 15th, please 3W9 to consider the setting of a calendar.

REPRESENTATIVE CAROL ALVARADO: Members, you've heard the motion. Is there objection? Chair hears none, so ordered. The following announcement, the clerk will read the announcement.

CLERK: The committee on calendars will meet at 10:45 a.m. on April 15th at 3W.9. This will be a formal meeting to consider the setting of a calendar.

REPRESENTATIVE CAROL ALVARADO: Chair lays out on second reading House Bill 2251.

CLERK: HB2251 by Bonnen relating to the continuation and functions of the Texas Public Finance Authority.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Smith.

REPRESENTATIVE WAYNE SMITH: Thank you, members. I move that we postpone this bill until 1:15 this afternoon, a time certain.

REPRESENTATIVE CAROL ALVARADO: Members, you've heard the motion. Is there objection? Chair hears none, so ordered. Chair lays out on second reading House Bill 1148.

CLERK: House Bill 1148 by Smith of Harris relating to an exemption for certain disabled veterans from the payment of a fee for the issuance of a personal identification certificate.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Smith of Harris.

REPRESENTATIVE WAYNE SMITH: Members, this bill allows disabled veterans with 60 percent or more to get a identification card through DPS at no charge. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, is there anyone wishing to speak for, on or against House Bill 1148? Chair hears none. Chair recognizes Representative Smith to close.

REPRESENTATIVE WAYNE SMITH: I close.

REPRESENTATIVE CAROL ALVARADO: Members, the question occurs on House Bill 1148 to pass to third reading. All those in favor say aye. Opposed nay. The ayes have it. Chair lays out on second reading House Bill 1206, the second reading.

CLERK: House Bill 1206 by Guillen relating to training for members of governing boards of public junior college districts.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Guillen.

REPRESENTATIVE RYAN GUILLEN: Thank you, Madam Speaker. Members, each Texas community college district has its own government structure to manage its fiscal resources affecting all aspects of the district. House Bill 1206 allows the Texas Higher Education Coordinating Board to create a management portion training mechanism of community colleges. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, anyone wishing to speak on, for or against House Bill 1207? If not, Chair recognizes Representative Guillen to close.

REPRESENTATIVE RYAN GUILLEN: Move passage.

REPRESENTATIVE CAROL ALVARADO: Members, question occurs on third reading and passage of House Bill 1206. All those in favor say aye. Opposed nay. The ayes have it. House Bill 1206 is passed to third reading. Chair lays out on second reading House Bill 1325. The clerk will read the bill.

CLERK: House Bill 1325 by Hartnett relating to payment of the costs for services of a guardian ad litem, court visitor, and attorney ad litem in a guardianship proceeding.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Murphy.

REPRESENTATIVE JIM MURPHY: Thank you, Madam Speaker. I move to postpone House Bill 1325 until the end of the calendar.

REPRESENTATIVE CAROL ALVARADO: Members, is there any objection? Chair hears none, so ordered. Chair lays out House Bill 1353. The clerk will read the bill.

CLERK: House Bill 1353 by Elkins relating to speed limits.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Elkins.

REPRESENTATIVE GARY ELKINS: Thank you, Madam Chair and members. This is the speed limit bill which would essentially eliminate the nighttime speed limit and allow TxDOT to raise the speed limit to 75. I do have a perfected amendment.

REPRESENTATIVE CAROL ALVARADO: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Elkins.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Elkins.

REPRESENTATIVE GARY ELKINS: Thank you, Madam Speaker. The amendment just does what I said, it allows TxDOT to conduct a safety study to determine that the speed limit is safe at 75. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, the amendment is acceptable to the author. Any objection? Chair hears none, the amendment is adopted. Chair recognizes Representative Elkins.

REPRESENTATIVE GARY ELKINS: Madam Speaker, move passage.

REPRESENTATIVE CAROL ALVARADO: Members, anyone wishing to speak on, for or against House Bill 1353? If not, the question occurs on the passage of House Bill 1353 to third reading. All in favor say aye, opposed nay. The ayes have it. Chair lays out on second reading House Bill 1614. The clerk will read the bill.

CLERK: House Bill 1614 by Gooden relating to fees for process server certification.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Gooden on his first bill.

REPRESENTATIVE LANCE GOODEN: Thank you. Madam Speaker, members, I move to postpone this bill until the end of the calendar.

REPRESENTATIVE CAROL ALVARADO: Members, you've heard the motion. Is there any objection? Chair hears none, so ordered. Chair lays out on second reading House Bill 1633. The clerk will read the bill.

CLERK: House Bill 1633 by Bonnen relating to a person's ability to read and write in English as a qualification for service as a petit juror.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Hancock.

REPRESENTATIVE KELLY HANCOCK: I move to postpone until the end of the calendar.

REPRESENTATIVE CAROL ALVARADO: Members, you've heard the motion. Is there any objection? Hearing none, so ordered. Chair lays out House Bill 1806. The clerk will read the bill.

CLERK: House Bill 1806 by Flynn relating to fishing tournament fraud; providing penalties.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Hughes.

REPRESENTATIVE BRYAN HUGHES: Members, on behalf of our friend Representative Flynn, I present to you House Bill 1806. An important bill that clarifies a really missed area, a hole in the law. Fishing tournament fraud. It sounds like a minor matter, but people play in these tournaments for tens of thousands of dollars worth of cash and prizes. And we have a situation that's arisen where you can defraud the other competitors and the people putting on the tournament. This would clarify the law so that the prosecutors have the tools they need. And I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, anyone wishing to speak for, on, or against House Bill 1806? Hearing none, the Chair recognizes Representative Hughes to close.

REPRESENTATIVE BRYAN HUGHES: I move adoption.

REPRESENTATIVE CAROL ALVARADO: Members, question occurs on House Bill 1806 passing to third reading. All in favor say aye. Opposed no. The ayes have it. Chair lays out House Bill 1917. Clerk will read the bill.

CLERK: House Bill 1917 by Schwertner relating to the removal of appointed emergency services commissioners by a commissioners court.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Schwertner.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Madam Speaker. I have an amendment to this bill.

REPRESENTATIVE CAROL ALVARADO: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Schwertner.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Schwertner.

REPRESENTATIVE CHARLES SCHWERTNER: Members, this amendment is a clarifying amendment for this bill. It sets the standards for removal of emergency services and requires the causes for such removal as competence, misconduct, and official misconduct. It also requires a hearing before a commissioners court for removal of an EMC board member.

REPRESENTATIVE CAROL ALVARADO: Repres entative Phillips, for what purpose?

REPRESENTATIVE LARRY PHILLIPS: Madam Speaker, will the gentleman yield?

REPRESENTATIVE CHARLES SCHWERTNER: I certainly will.

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE LARRY PHILLIPS: Now, Mr. Schwertner, are you sure this is not your first bill?

REPRESENTATIVE CHARLES SCHWERTNER: This is not my first bill.

REPRESENTATIVE LARRY PHILLIPS: Okay. Did anybody ask you questions on your first bill?

REPRESENTATIVE CHARLES SCHWERTNER: They did, yes.

REPRESENTATIVE LARRY PHILLIPS: Did you hear them?

REPRESENTATIVE CHARLES SCHWERTNER: I did.

REPRESENTATIVE LARRY PHILLIPS: You heard all of them?

REPRESENTATIVE CHARLES SCHWERTNER: All of them except for the ones you posed, sir.

REPRESENTATIVE LARRY PHILLIPS: Thank you, Mr. Chairman.

REPRESENTATIVE CAROL ALVARADO: Mr. Schwertner sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none, so ordered. We are now on the Schwertner bill as amended. Chair recognizes Representative Schwertner.

REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Madam Speaker. Again, this bill pertains to emergency services (inaudible) political subdivisions of the state incorporated to provide local emergency services to rural and unincorporated areas. Emergency services commissioners are appointed by commissioner courts of various areas. However, once an individual is appointed to an emergency services board, the county commissioners have limited means to remove an ESD commissioner for malfeasance or incompetency. This bill would clarify the ability of the commissioner courts to remove ESD commissioners. Members, I move passage.

REPRESENTATIVE CAROL ALVARADO: Member s, anyone wishing to speak on, for or against House Bill 1917? If not, question occurs on passage to third reading. All those in favor say aye. Opposed nay. The ayes have it. Chair lays out House Bill 2582. The clerk will read the bill.

CLERK: House Bill 2582 by Murphy relating to the repeal of the partial tax exemption for certain beer.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Murphy.

REPRESENTATIVE JIM MURPHY: Thank you, Madam Speaker. And, members, House Bill 2582 repeals a section in the alcoholic beverage code that may be in violation of the Federal Commerce clause. In an effort to prevent expensive litigation for Texas, it's important to repeal this section, and that's what this bill does. I will point out to you that in 2008 Virginia, which had a similar exemption in its code, had to redraft their entire alcoholic beverage code. So to avoid that kind of disruption of service and that kind of cost, I'd appreciate your support for this bill. And I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, anyone wishing to speak for, on or against House Bill 2582? Hearing none, the question occurs on passage of 2582 to third reading. All those in favor say aye, opposed nay. The ayes have it. Chair lays out House Bill 2866. The clerk will read the bill.

CLERK: House Bill 2866 by Harper-Brown relating to the electronic submission of certain documents to the attorney general and the submission of certain documents by the attorney general; imposing certain fees.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Harper-Brown. REPRESENTATIVE LINDA HARPER-BROWN: Thank you, Madam Speaker. Members, House Bill 2866 will give the OAG's office the ability to receive the electronic submission of certain documents. It will be a new function for the office and will create efficiencies for both the public and the attorney general's office. The open records division last year processed nearly 20,000 requests each year, and each of these requests requires a submission of supporting documents which can be substantial. Currently these files and documents are filed almost exclusively in hard copy format. So through this bill they'll be able to file these documents electronically and they will set up a fee for electronic submission.

REPRESENTATIVE BRYAN HUGHES: Madam Speaker.

REPRESENTATIVE CAROL ALVARADO: Representative Hughes, for what purpose?

REPRESENTATIVE BRYAN HUGHES: Will the gentle lady yield for a few questions?

REPRESENTATIVE CAROL ALVARADO: She yields. REPRESENTATIVE LINDA HARPER-BROWN: I yield.

REPRESENTATIVE BRYAN HUGHES: Representative Harper-Brown, for purposes of legislative intent, I'd like to ask you a few questions. Is the fee in your bill a broad-based fee? REPRESENTATIVE LINDA HARPER-BROWN: The fee in the bill is strictly paid for the convenience of filing the documents electronically. If you do not file the documents electronically, you do not have to pay the fee.

REPRESENTATIVE BRYAN HUGHES: So that is not a broad-based fee? REPRESENTATIVE LINDA HARPER-BROWN: No, it is not.

REPRESENTATIVE BRYAN HUGHES: So, to file a document with the AG's s office, under your bill, you don't have to file electronically and pay the fee if you don' t want to. You could file by mail, by Fed-Ex, however you want to file, just like current law, right? REPRESENTATIVE LINDA HARPER-BROWN: That's exactly right, and the bill doesn't mandate that you file electronically. It simply sets that out as an option.

REPRESENTATIVE BRYAN HUGHES: And, if you choose some other method of filing other than electronic you don't have to pay a fee. Is that right? REPRESENTATIVE LINDA HARPER-BROWN: That's right.

REPRESENTATIVE BRYAN HUGHES: So the only people who will ever pay a fee under your bill are folks who want to pay it, because they will pay for their convenience to file electronically, is that right? REPRESENTATIVE LINDA HARPER-BROWN: That's exactly right.

REPRESENTATIVE BRYAN HUGHES: Thank you, Ms. Harper-Brown. Madam Speaker.

REPRESENTATIVE CAROL ALVARADO: For what purpose, Mr. Hughes?

REPRESENTATIVE BRYAN HUGHES: Speaker, I request that the exchange between Representative Harper-Brown and myself be reduced to writing and be placed in the journal for legislative intent.

REPRESENTATIVE CAROL ALVARADO: Members, you've heard the motion. Is there objection? Hearing none, so ordered. Representative Davis, for what purpose?

REPRESENTATIVE SARAH DAVIS: To ask a question.

REPRESENTATIVE CAROL ALVARADO: Does the gentle lady yield? REPRESENTATIVE LINDA HARPER-BROWN: I yield.

REPRESENTATIVE SARAH DAVIS: I just have one question. How much is the fee? REPRESENTATIVE LINDA HARPER-BROWN: The fee will be set by the AG's office. What they're thinking right now is that they will charge $20, and they're going to look at what the cost will be to them to set this program up. But what is normally charged at the court system is $100, they usually run about $100 and so they're thinking $20 for the AG's office.

REPRESENTATIVE SARAH DAVIS: So if I'm understanding you, you're saying that typically an E-file system is $100 per document? REPRESENTATIVE LINDA HARPER-BROWN: Yes. That's what they're saying -- the court's filing system is $100 and normally to file -- I guess the size of the document may have a determination, but some of the documents the fee for electronic submission with the courts $100 and what they're talking about is $20.

REPRESENTATIVE SARAH DAVIS: I know we have an electronic filing system in state district courts all over the state of Texas and the filing fees are a few dollars a document. So is this $20 per page or per document? REPRESENTATIVE LINDA HARPER-BROWN: No, they're saying it would be $20 for the whole document with all the supporting documents. And it might be less than that. They're still going to look at it and see what the cost is.

REPRESENTATIVE SARAH DAVIS: And, again, this is just an estimate. It may be $20, it may be more? REPRESENTATIVE LINDA HARPER-BROWN: Well, no -- or less, that's right. They're saying $20 is what they're thinking now.

REPRESENTATIVE SARAH DAVIS: Thank you. REPRESENTATIVE LINDA HARPER-BROWN: Thank you. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, anyone wishing to speak on, for or against House Bill 2866? If not, question occurs on passage to third reading House Bill 2866. A record vote has been requested. A record vote is granted. Clerk will ring the bell. Have all members voted? Have all members voted? There being 134 ayes and five nays, House Bill 2866 passes to third reading. Chair lays out as a matter of postponed business House Bill 992. Clerk will read the bill.

CLERK: House Bill 992 by Castro relating to excess undergraduate credit hours at public institutions of higher education.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: Thank you, Mr. Speaker and members. This bill essentially forms the six drop rule for our junior colleges and our universities and also the excess hours rules. And I believe there are a few amendments.

REPRESENTATIVE CAROL ALVARADO: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Castro.

REPRESENTATIVE CAROL ALVARADO: Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: This amendment is an amendment I negotiated long and hard with Representative Brown was the six drop rule. What this says is essentially the student, when they either accumulate 30 hours in a junior college or they finish their associates degree, once they transfer to a four year university, once they drop, before that, the same rule applies. The six drop rule applies while they are in community colleges, and this is meant as an incentive to them to finish off, to either acquire the 30 hours or finish the associates degree or transfer on to the four year university. And it's my amendment to the bill, so it's acceptable to the author.

REPRESENTATIVE CAROL ALVARADO: Representative Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Madam Speaker, I'm going to let him lay out his amendment, and then I have a question about the bill.

REPRESENTATIVE JOAQUIN CASTRO: Sure, no problem.

REPRESENTATIVE CAROL ALVARADO: Mr. Castro sends up an amendment. It is acceptable to the author. Is there an objection? Hearing none, amendment is adopted.

REPRESENTATIVE RANDY WEBER: Madam Speaker.

REPRESENTATIVE CAROL ALVARADO: For what purpose, Representative Weber?

REPRESENTATIVE RANDY WEBER: Will my colleague yield for a question?

REPRESENTATIVE JOAQUIN CASTRO: I do.

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE RANDY WEBER: Thank you. Representative Castro, would you reiterate for us again, exactly what your bill does? I have a couple of questions about it.

REPRESENTATIVE JOAQUIN CASTRO: Sure, no problem. There are basically two parts. First on the six drop rule and then on the excess hour rule. On the six drop rule right now is that during your educational career you have six drops, six classes you can drop or else you're basically kicked out --

REPRESENTATIVE RANDY WEBER: Let me ask you a question about that. Is that true of community colleges and four year colleges across the board? Is that the same --

REPRESENTATIVE JOAQUIN CASTRO: That's correct. And so the intent of this bill is essentially to give folks more leeway or stability once they hit a certain benchmark and that's why once they complete the junior college or they complete the hours and they transfer on, now they have four drops they can use. Remember they may have used 3 or or 5 already and so now they've got these four that they can use in their last years, hopefully.

REPRESENTATIVE RANDY WEBER: Does that increase the number 6 into 8 or 9 potentially?

REPRESENTATIVE JOAQUIN CASTRO: The number of what?

REPRESENTATIVE RANDY WEBER: Hold on one second.

REPRESENTATIVE JOAQUIN CASTRO: Sure.

REPRESENTATIVE RANDY WEBER: I said does that increase the number of drops above the six level for those that are in community college throughout their career when they reach that second tier, so to speak?

REPRESENTATIVE JOAQUIN CASTRO: Yes, it could. And that was part of the idea is that there were some issues that the students and institutions had with the traditional six drop rule which I know Representative Brown worked very hard on. So we sat down and tried to come up with what we thought would be the best approach to make the rule more flexible. We also worked with the governor's office who was okay with the bill and have also promised to work with them in the Senate if anything else comes up.

REPRESENTATIVE RANDY WEBER: All right. Thank you.

REPRESENTATIVE JOAQUIN CASTRO: I believe we have at least one more amendment.

REPRESENTATIVE CAROL ALVARADO: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Shelton.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Shelton.

REPRESENTATIVE MARK SHELTON: Thank you, Madam Chair. Members, if you have a community college or a four year institution in your district, you should be for this amendment. This amendment will give the ability to determine how many drops a student can have in their college education and leave it up to the board of the institution. Having the six drop rule particularly for community college students particularly is a barrier to them completing their education. And what is really happening is the community colleges in particular have tracking and early intervention systems to prevent students from not finishing. This amendment is about local control, it's about repealing an unfunded mandate. It's about us as a legislature not micromanaging the universities and colleges. And I would also that it's evidence that it works and saves money. Now, if we want to change how we spend money in colleges, we need to change the formula and not continue with the six drop. Move passage.

REPRESENTATIVE CAROL ALVARADO: Representative Weber, for what purpose?

REPRESENTATIVE KEN LEGLER: Would the gentlemen yield?

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE KEN LEGLER: Dr. Shelton, basically what you're saying, if I understand this correctly, is you believe the best control is local control; is that correct?

REPRESENTATIVE MARK SHELTON: Yes. The university boards are perfectly capable of making this decision.

REPRESENTATIVE KEN LEGLER: So basically you're saying that if you have a junior college in there, they can make the decision of what is best for their community and what is best for their students?

REPRESENTATIVE MARK SHELTON: And particularly for the community colleges. As you know, Mr. Legler, that the community colleges have nontraditional students. Many of them work, many of them are older, many of them have families, many of them have financial responsibilities. And I see this as undue burden placed on these students.

REPRESENTATIVE KEN LEGLER: Thank you.

REPRESENTATIVE FRED BROWN: Madam Speaker, will the gentleman yield?

REPRESENTATIVE CAROL ALVARADO: Representative Brown, for what purpose?

REPRESENTATIVE FRED BROWN: Will the gentleman yield?

REPRESENTATIVE CAROL ALVARADO: Does the gentleman yield?

REPRESENTATIVE MARK SHELTON: Yes, I yield.

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE FRED BROWN: Doc, I guess you knew I was going to come up against you on this. You know, this was originally my legislation two sessions ago setting the six drop rate. All I want to say is we're at maximum capacity at our four years than our two years. And when we just allow students to drop as many classes as they want, we're doing a disservice to them, we're doing a disservice to the students who want to get into that class, and we're doing a disserve to appropriations because whether or not they stay after that 12th day we as a state still have to pay for that contact hour for every one of those students to sit in that classroom. We need to hold our students accountable. We give them six cue drops. Texas A&M University, UT, Texas Tech, they've had a policy year after year after year that they would give 3 cue drops for the undergraduate experience. And now you're wanting to take the lid off that and let students drop as many classes as they want to? That's not fair. It's not fair to the parents, it's not fair to the students, and it's not fair to the state of Texas and the appropriations process.

REPRESENTATIVE MARK SHELTON: Mr. Brown, I would say I'm giving the universities that decision, and I think the University of Texas at Austin is more than competent to decide how many cue drops their students would have and I would also say that if the problem is money, then we need to find a system that works. And as I was saying, many of the community colleges do have early intervention programs. And also I would point out this is not a program that the universities are able to do easily. This is costing money to do this and there are better ways to achieve the goal of having students complete the semester.

REPRESENTATIVE CAROL ALVARADO: Representative Shelton sends up an amendment. Chair recognizes Representative Castro. Chair recognizes Fred Brown.

REPRESENTATIVE FRED BROWN: Thank you, Madam Speaker, members. Members, let me get y'all's attention if I can. This is real, real important. It's important that we offer the opportunities that we have in the past for our students and we expect our students to go in and take the classes they need and come into working society. We don't need to turn back the clock. We have a hard enough time -- right now we don't have any money to build new buildings or different campuses. You know how strapped our state is. And what Dr. Shelton's amendment is saying is let's just take the cap off. Let's let students drop all the classes they want to, and we'll continue to fund it as a state. So I ask you to stand with us on the motion to table this amendment.

REPRESENTATIVE CAROL ALVARADO: Representative Taylor, for what purpose?

REPRESENTATIVE LARRY TAYLOR: Will Representative Brown --

REPRESENTATIVE CAROL ALVARADO: Does Representative Brown yield?

REPRESENTATIVE FRED BROWN: Yes.

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE LARRY TAYLOR: The issue we're talking about from the state funding, we fund these colleges based on college hours taken.

REPRESENTATIVE FRED BROWN: On contact hours, yes.

REPRESENTATIVE LARRY TAYLOR: So if a student takes and signs up for a course and then later drops it and we've already paid from the state from the funding -- when we've paid for that course, and this student takes another course, we're going to pay twice.

REPRESENTATIVE FRED BROWN: Yes. Absolutely.

REPRESENTATIVE LARRY TAYLOR: So to allow the local control to decide they would come up with their own way of coming up with a formula, that's kind of putting us in an adverse position as a state funding because they would make the funding formula work better for them.

REPRESENTATIVE FRED BROWN: Yes, sir. The longer the student stays, the better off they are because they can keep taking the course over and over and over, we keep paying and the colleges are happy.

REPRESENTATIVE LARRY TAYLOR: And we don't want to punish our community colleges but we need to be fair in how we're paying for student hours and those types of things. In this case, this would be a bad amendment to just open these doors and let them design their own plan.

REPRESENTATIVE FRED BROWN: Yes, sir. It costs the state approximately $125 per contact hour for those students to be in that class. And we lose that money when they have that cue drop, we lose that money. And we've been more than liberal at six cue drops. That'd double what it is for our three largest institutions.

REPRESENTATIVE LARRY PHILLIPS: And when you passed your bill, you worked through the process, you had input from the community colleges and this was basically taking away from what you worked out the previous times. Thank you.

REPRESENTATIVE FRED BROWN: Thank you.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: Members, I would move to table the amendment. Fred gave a great description. You know, he worked hard in the initial six drop rule. We worked hard on giving the students flexibility and also an incentive to get to those second years and finish off. These two drops cost the state a lot of money, and so this is a way to give them an incentive but also keep accountability for the students. So I would move to table the amendment.

REPRESENTATIVE CAROL ALVARADO: Representatives, please excuse Representative Hunter because of calendar meeting on motion by Representative Guillen. Please excuse Representative Geren also because of calendar meeting on motion by Representative Ritter. Please excuse Representative Helen Giddings on personal business in the district on a motion by Representative Alma Allen. Any objections? Chair hears none. Chair recognizes Representative Shelton to close.

REPRESENTATIVE MARK SHELTON: Thank you, Madam Speaker. I would suggest there's no evidence that the six drop rule has created the objective of Mr. Brown. There is no evidence that it works, it presents a barrier to students completing community college and it is an unfunded mandate and micromanagement of community colleges. Thank you, Mr. Speaker.

REPRESENTATIVE CAROL ALVARADO: Members, Representative Shelton sends up an amendment. Representative Castro motions to table. The question is on the motion to table. Vote aye, vote no. Clerk will ring the bell. Show Representative Castro voting aye. Show Representative Shelton voting nay. Show Representative Alonzo voting aye. Show Representative Martinez-Fischer voting aye. Show Representative Brown voting aye. And show Representative Hunter voting aye. Have all members voted? Have all members voted? There being 111 ayes and 21 nays, the motion to table prevails. Chair recognizes Representative Castro.

REPRESENTATIVE JOAQUIN CASTRO: I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, the question occurs on passage to third reading of House Bill 992. All those in favor say aye, opposed no. Record vote has been requested. Record vote is granted. Clerk will ring the bell. Show Representative Hunter voting aye. Have all members voted? Have all members voted? There being 88 ayes and 45 nays, House Bill 992 passes to engrossment. Chair recognizes Representative Hunter.

REPRESENTATIVE TODD HUNTER: Madam Speaker, members, let me give you some planning for next week. Remember that on Monday we're taking up the workers' compensation sunset. That means your amendments are due Sunday at 1:00. The clerk's office will be open. On Tuesday we will be taking up the TCEQ sunset. So that will be set for Tuesday. So your amendments must be filed in the clerk's office at 10:00 a.m. Monday. The workers' comp 1:00 p.m. Sunday, and then 10:00 a.m. Monday for TCEQ.

REPRESENTATIVE CAROL ALVARADO: Chair lays out on second reading House Bill 1325. The clerk will read the bill.

CLERK: House Bill 1325 by Hartnett relating to payment of the costs for services of a guardian ad litem, court visitor, and attorney ad litem in a guardianship proceeding.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Hartnett.

REPRESENTATIVE WILL HARTNETT: Thank you, Madam Speaker, members. This bill would allow probate courts to assess court costs against guardianship applicants when the ward lacks sufficient funds to pay the court costs. Move passage.

REPRESENTATIVE CAROL ALVARADO: Members, anyone wishing to speak for, on, or against House Bill 1325? If not, question occurs on passage to third reading. All those in favor say aye, opposed nay. The ayes have it. Chair lays out House Bill 1614. Clerk will read the bill.

CLERK: House Bill 1614 by Gooden relating to for process server certification.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Lance Gooden to explain the bill.

REPRESENTATIVE LANCE GOODEN: Thank you, members. The process server review board has been around since 2005 and what this bill does is allow the supreme court which oversees them through the office of court administration to levy a fee if they so choose to pay for what they're already doing and that's regulating process servers. I move passage. We also have an amendment by Huberty.

REPRESENTATIVE CAROL ALVARADO: Representative Chisum, for what purpose?

REPRESENTATIVE WARREN CHISUM: Madam Speaker, will the gentleman yield?

REPRESENTATIVE LANCE GOODEN: Yes, sir.

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE WARREN CHISUM: I really don't want to talk about the bill. I noticed you got a lot of people down there. What's the deal here?

REPRESENTATIVE LANCE GOODEN: These are my esteemed colleagues.

REPRESENTATIVE WARREN CHISUM: You know, before we get started on the bill, is this your first bill?

REPRESENTATIVE LANCE GOODEN: Yes, sir.

REPRESENTATIVE WARREN CHISUM: Have you talked to anybody about it?

REPRESENTATIVE LANCE GOODEN: Yes, sir. You're really one of the first people I came to when I decided to file this bill.

REPRESENTATIVE WARREN CHISUM: You didn't say it was your first one.

REPRESENTATIVE LANCE GOODEN: It is my first bill.

REPRESENTATIVE WARREN CHISUM: Wow. You got a lot of support on this bill. I can see right now.

REPRESENTATIVE LANCE GOODEN: There's really no need for a discussion.

REPRESENTATIVE WARREN CHISUM: Well, I hope that you will amend it just to fix it because a lot of times bills that go through committee you might have missed something that you probably need in there.

REPRESENTATIVE LANCE GOODEN: I am glad you mentioned that because we have an amendment that you've actually signed on to with Representative Huberty that dedicates any funds --

REPRESENTATIVE CAROL ALVARADO: The following amendment, the clerk will read the amendment.

CLERK: Amendment by Huberty.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Huberty.

REPRESENTATIVE DAN HUBERTY: Thank you, Madam Speaker, members. We talked about this this morning in one of our conference meetings. And what the amendment says is on page 1, line 23 it inserts the following: "and may be appropriated only to the office for purposes of this section". So we're creating this to be a dedicated fund and really what the purpose was, we wanted to make sure that any of these resources that we appropriate money to the supreme court and right now what that means is they're paying for these services out of their funds, and we're making sure this fund is absolutely dedicated 100 percent to this particular purpose. And I believe the amendment is acceptable to the author.

REPRESENTATIVE CAROL ALVARADO: Representative Huberty sends up an amendment. It is acceptable to the author.

REPRESENTATIVE LANCE GOODEN: It is acceptable to the author. Move passage.

REPRESENTATIVE CAROL ALVARADO: Any objection to the amendment? Chair hears none, so ordered. We are back on the Gooden bill as amended. Chair recognizes Representative Gooden.

REPRESENTATIVE WARREN CHISUM: Madam Chair.

REPRESENTATIVE CAROL ALVARADO: For what purpose, Representative Chisum?

REPRESENTATIVE WARREN CHISUM: Does the gentleman yield?

REPRESENTATIVE LANCE GOODEN: I yield.

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE WARREN CHISUM: Now that you've amended the bill, I noticed it got a lot better.

REPRESENTATIVE LANCE GOODEN: It did. Yes, sir, you're absolutely right.

REPRESENTATIVE WARREN CHISUM: The chair likes the bill a lot better because it's not a fee bill. Now it's paying for license. Who else is paying for licenses in this thing?

REPRESENTATIVE LANCE GOODEN: I'm glad you asked that.

REPRESENTATIVE WARREN CHISUM: Are you a lawyer?

REPRESENTATIVE LANCE GOODEN: I'm not a lawyer, but --

REPRESENTATIVE WARREN CHISUM: I'm not a plumber.

REPRESENTATIVE LANCE GOODEN: I'm not a plumber.

REPRESENTATIVE WARREN CHISUM: Are you an air conditioner?

REPRESENTATIVE LANCE GOODEN: No, I'm not, but if I was, then I'd be paying my way because licensing fees are currently in place for 00.

REPRESENTATIVE WARREN CHISUM: Do you have a driver's license?

REPRESENTATIVE LANCE GOODEN: I do have a driver's license.

REPRESENTATIVE WARREN CHISUM: Did you purchase that?

REPRESENTATIVE LANCE GOODEN: I did purchase that so I could vote, yes, sir.

REPRESENTATIVE WARREN CHISUM:

(Inaudible).

REPRESENTATIVE LANCE GOODEN: I'm not a good driver.

REPRESENTATIVE CAROL ALVARADO: Representative Weber, for what purpose?

REPRESENTATIVE RANDY WEBER: Will the gentleman yield?

REPRESENTATIVE LANCE GOODEN: I'll yield.

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE RANDY WEBER: Representative Gooden, was this bill brought to you by somebody?

REPRESENTATIVE LANCE GOODEN: This was brought to me by somebody.

REPRESENTATIVE RANDY WEBER: Would you tell us who that was?

REPRESENTATIVE LANCE GOODEN: This was brought to me by a constituent who actually introduced me to the Texas Process Servers Association. They serve over 1,000 process servers across the state. They are in support of this bill. It's the largest organization of process servers in the state of Texas. They want this bill because what they have now is a certification process that helps give integrity to the profession. A process server, for those of you that aren't aware, they have to be certified if they want to serve in all courts across the state of Texas. And why that's existing is because you have to have a criminal background check for that.

REPRESENTATIVE RANDY WEBER: Representative Gooden?

REPRESENTATIVE LANCE GOODEN: Yes, sir.

REPRESENTATIVE RANDY WEBER: My question was who brought you the bill.

REPRESENTATIVE LANCE GOODEN: A constituent.

REPRESENTATIVE RANDY WEBER: Very good. Was that constituent a process server?

REPRESENTATIVE LANCE GOODEN: Yes.

REPRESENTATIVE RANDY WEBER: Was that constituent serving you notice that you failed to be back at the halfway house in a timely fashion?

REPRESENTATIVE LANCE GOODEN: No, that constituent came by my office.

REPRESENTATIVE RANDY WEBER: Congratulations on your first bill. It's somewhat controversial, congratulations.

REPRESENTATIVE LANCE GOODEN: I appreciate your support. Thank you, sir. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, the question occurs on passage to third reading House Bill 1614. A record vote has been requested. A record vote has been granted. The clerk will ring the bell. Have all members voted? Have all members voted? There being 112 ayes and 22 nays, House Bill 1614 is passed to engrossment. Chair lays out on second reading House Bill 1633. Clerk will read the bill.

CLERK: House Bill 1633 by Bonnen relating to a person's ability to read and write in English as a qualification for service as a petit juror.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Bonnen.

REPRESENTATIVE DENNIS BONNEN: Mr. Speaker, members, this bill simply brings us into line with 37 other states. Currently the law says you need to be able to read and write. The bill simply says you need to be able to read and write English so there's clarity in the ability of the judges and the lawyers in the process to make sure that we have a fair trial.

REPRESENTATIVE CAROL ALVARADO: Representative Dutton, for what purpose?

REPRESENTATIVE HAROLD V. DUTTON: Madam Speaker, will the gentleman yield for a question?

REPRESENTATIVE CAROL ALVARADO: He yields.

REPRESENTATIVE DENNIS BONNEN: I'd be happy to yield for a question.

REPRESENTATIVE HAROLD V. DUTTON: Thank you. Chairman Bonnen, I'm just -- I'm not sure I'm for this bill or against it. I'm trying to understand though, can you tell me what it means in the context of a juror is present in court, how would we determine that they could read and write English?

REPRESENTATIVE DENNIS BONNEN: It'd be largely left up to the discretion of the judge. But this was brought to me by prosecutors, defense attorneys, and a district judge in my county and county court at law judges. Their concern was they had a murder trial where a jury was set and a gentleman approached the bench in a broken ability to speak the language and said, I don't know what's happening; I don't know what's going on here. And so the problem then was the judge then had to negotiate between the two sides of the trial, the prosecutor and the defense, as to how to manage that situation. This would put that authority in the judge's hands to decide the best way to manage this situation.

REPRESENTATIVE HAROLD V. DUTTON: Well, would the judge though -- is it your idea that the judge would give, for example, a juror something to read to see if that juror can read --

REPRESENTATIVE DENNIS BONNEN: No, no. Not at all.

REPRESENTATIVE HAROLD V. DUTTON: Not at all? Well, how would they know they can read English?

REPRESENTATIVE DENNIS BONNEN: I think that would be left to the judgment of our judges just an overwhelming amount of other things in the trial are left to the judgment of our elected judges.

REPRESENTATIVE HAROLD V. DUTTON: Well, let me try the other one then. How would they determine whether you could write English?

REPRESENTATIVE DENNIS BONNEN: Like I said, I don't believe they'll be giving them a test but I think it's an opportunity to be certain that we have a jury of our peers who can understand the proceedings in that courtroom and be fair in their deliberations as to whether someone is innocent or guilty or right or wrong in the case.

REPRESENTATIVE HAROLD V. DUTTON: And I agree with you. I think that has to be one of the tenets, but I'm not quite sure in practice how it works. And even in the instance you just cited about the juror, he doesn't understand the proceedings, not that he couldn't read or write English --

REPRESENTATIVE DENNIS BONNEN: Representative Dutton, this occurs currently in 37 other states. In Hawaii it reads, "Is able to read, speak and understand the English language. In New York it says, "able to understand and communicate in the English language." In Massachusetts it says, "cannot speak and understand the English language they're struck." And then currently federal law says "be adequately proficient in English."

REPRESENTATIVE HAROLD V. DUTTON: And I think here's the point I'm trying to make is yours doesn't say he has to understand English because if someone says, okay, can you read this and they hand it to them and the person --

REPRESENTATIVE DENNIS BONNEN: Well, Hawaii says read, speak and understand the English language.

REPRESENTATIVE HAROLD V. DUTTON: That's what yours says?

REPRESENTATIVE DENNIS BONNEN: Hawaii.

REPRESENTATIVE HAROLD V. DUTTON: Oh, I'm talking about Texas. I'm talking about your bill.

REPRESENTATIVE DENNIS BONNEN: It says read and write --

REPRESENTATIVE HAROLD V. DUTTON: Your bill doesn't say anything about understand.

REPRESENTATIVE DENNIS BONNEN: It says read, write and then English.

REPRESENTATIVE HAROLD V. DUTTON: Read and write English, yeah. And that's what I'm getting at. It's easier when I'm in court to establish whether a person understands because many times like

(inaudible) does, people come and they will say, well, I don't understand anything that's going on; I don't really understand. That's a little bit different situation than me saying, Can you read and write English.

REPRESENTATIVE DENNIS BONNEN: Mr. Speaker, I move to postpone this bill until 8:00 a.m. Tuesday morning. Thank you.

REPRESENTATIVE HAROLD V. DUTTON: Okay. Thank you.

REPRESENTATIVE CAROL ALVARADO: Members, you've heard the motion to postpone House Bill 1633 until next Tuesday at 8:00 a.m. Is there any objection? Chair hears none, so ordered. Members, this is the last bill on the calendar. Chair lays out House Bill 2251. The clerk will read the bill.

CLERK: House Bill 2251 by Bonnen relating to the continuation and functions of the Texas Public Finance Authority.

REPRESENTATIVE CAROL ALVARADO: Chair recognizes Representative Bonnen.

REPRESENTATIVE DENNIS BONNEN: Speaker, members, this simply reauthorizes the Texas Public Finance Authority for the next 12 years. It's an agency that is doing an outstanding job dealing with bonding for our smaller and mid size entities in the state. I move passage.

REPRESENTATIVE CAROL ALVARADO: Members, there are no amendments. Anyone wishing to speak on, for or against House Bill 2251? If not, the question occurs on passage to third reading on House Bill 2251. All in favor say aye, opposed nay. A record vote has been requested. A record vote is granted. The clerk will ring the bill. Show Representative Alonzo voting aye. Have all members voted? Have all members voted? There being 135 ayes and no nays, House Bill 2251 is passed to engrossment. We are about to begin Reunion Day festivities. Members, Representative Bonnen moves that the House will stand adjourned pending the reading and referral of bills and resolutions and receipt of messages from the Senate until 1:00 p.m. on Monday, April the 18th in memory of Michael Anthony Davis of Lake Jackson who passed away Saturday, April the 9th, 2011. Members, if you will remain seated. Speakers Reunion Day will begin shortly. Thank you.

THE SPEAKER: Members of the House, colleagues, and distinguished guests, I welcome back the members that served with us and before us in the Texas House of Representatives. It is a privilege to have you all here in the chamber this morning. I hope we can all take a few moments to visit with the former members. They have sat where we sit today and they have worked on many of the same issues that we are wrestling with this session. We can learn a lot about the challenges that we face and the best ways we can address them from the wisdom of those in whose steps we follow. We welcome you, the former members of the Texas House, back to the people's house. And the current members join me in thanking you for your dedicated service to the citizens of Texas.

REPRESENTATIVE BEVERLY WOOLLEY: Members, I'm going to ask for a moment of silence while I read the names of members who have been deceased in 2005 and 2010. The Honorable Olivio Alvarado, Junior; the Honorable Leo Brisco; the Honorable Riley D.H. Buchanan; the Honorable Janie H. Clements; the Honorable R.H. Corey; the Honorable Frank C. Ikenburg; the Honorable Bob Glaze; the Honorable James Margraff; the Honorable Ed Myers; the Honorable Jack Morgan; the Honorable Hudson Moyer; the Honorable James Robert Paxton; the Honorable Randy G. Pendleton; the Honorable James E. Barlow; the Honorable Anita Blair; the Honorable R.E. Blouts; the Honorable Dwarf Brisco; the Honorable Don Brown; the Honorable Pearl C. Connelly; the Honorable Jean Fondren; the Honorable Bob Blaze; the Honorable Robert H. Jackson; the Honorable Thomas R. Joseph; the Honorable Charles Dunmichaels; the Honorable Charles D. Kirkham; the Honorable Edmond Feetemple; the Honorable Lynn Neighbors; the Honorable Walter Parker; the Honorable John Red Wallace; the Honorable David Stewardman; the Honorable Arthur Vance; the Honorable Milton Wilkinson; the Honorable Charles Wilson; and in 2011 the Honorable Hiram Childress; the Honorable Forest Green; the Honorable Von Pennard. Observe one minute of silence. Thank you, members.

THE SPEAKER: Now, it's my pleasure to recognize those that have presided over the House in other sessions. Let me introduce to you the former speakers of the Texas House who honor us with their presence today. First, Welcome Speaker of the House of the 57th legislative session the Honorable James Jimmy Turman.

JAMES TURMAN: 50 years ago I had this in my hand. A little history for you. 50 years ago across from the sergeant's office there's the speaker's press office where all the rows of speakers are, or a facsimile of, and in one row there's Sam Rayburn, you know the Rayburns, Mr. Sam was elected speaker for my area, my district January 10, 1911. I'm hanging right below Mr. Sam, January 10, 1961. Exactly 50 years. Now, I'm not going to tell you I'm because Joanie says I'm dyslexic, I'm 38. I look forward to coming back -- oh, but by the way, I air conditioned this chamber. Also, where's Senfronia? Senfronia, I held this gavel for 11 minutes to get 100 votes with Ben and all the boys with me and Charlie Wilson was a freshman, to get 11 votes on this board to put the bill into immediate effect. So the newspaper said Mr. Turman cost the state a million dollars a minute for higher education. And that is my spiel. Politics I kinda' like.

THE SPEAKER: Also with us is Speaker of the House of the 59th and 60th legislative session the Honorable Ben Barnes.

BEN BARNES: Mr. Speaker, thank you very much. Thank all of you members for allowing us to be here. Mr. Speaker, I move previous question on all the former members and all the former speakers.

THE SPEAKER: Please welcome the Speaker of the House for the 62nd legislative session the Honorable Rayford Price.

RAYFORD PRICE: Well, I'm not going to take as much time as Speaker Turman, but I am going to take a little more time than Ben Barnes did to let you know that I came to the legislature when Jeff Turman was speaker 50 years ago. And I came from Anderson County and represented Anderson and Cherokee County for six terms before I was retiring after the redistricting. So I'm delighted to be here and thank you very much.

THE SPEAKER: Joining us today is the five term speaker of the House, he led this House from the 68th legislative session through the 72nd, the Honorable Gib Lewis.

GIB LEWIS: Gib Lewis, I served from Tarrant County from 1971 to 1993. Good to be back with you.

THE SPEAKER: And another five term Speaker of the House who led this body from the 73rd through the 77th legislative session, the Honorable Keith Laney.

KEITH LANEY: Thank y'all.

REPRESENTATIVE BEVERLY WOOLLEY: Now, members, that we've gotten rid of all the speakers, the best part, the former members get to come up and introduce themselves.

VIRGINIA DUFF: My name is Virginia Duff, I was elected state representative from Ellis County in 1950 on my 30th birthday. So that may explain now why I am using a cane. At that time Texas was mostly a Democratic party state, and, of course, as you know, it is quite different now. And I served under Governors Allen (inaudible) and Price Daniels, and under Speakers (inaudible), Jim Lindsey Wagoner Carr, and the man who yielded the gavel a while ago Jimmy Turman. At the time that I served this chamber was not air conditioned, and I tell you, you think they're really having trouble (inaudible) with the budget system and redistricting. What we had in 1961 was no air conditioning here, that was the time we passed the first sales tax of Texas, which did pass and I can tell you for sure there certainly was a lot of hot air floating around in this chamber as well as through those open south windows. In fact, there were only two lady members of the House during my fourth term and three during the other. And now I read from your roster that there are about 32 lady members in the House; is that correct? And at the time I served it was always proper and prudent that the gentlemen in approaching the microphone had to be wearing their coats. And as a result, on those hot days, when they approached, we called it the snarky pole, is that what you people call it now, the back microphone? Well, anyway, when they approached without a coat on, it was my duty to raise a point of order to the speaker of the House. So it is my privilege today to be here thanks to the speaker. It's always a privilege for inviting us. And I'm very proud to be a member of the district of my very favorite representative Jim Pitts of Waxohatchee.

ELIZABETH JONES: I want to introduce myself. I am former representative Elizabeth Aimes Jones. And I want to thank you all for the opportunity to be here and be surrounded by these great former members. All of us claim to be House trained, and we're proud of it, aren't we, Virginia? And the women of the Texas legislature are strong and we keep coming back for more and it's a privilege to be up here with you, Virginia Duff, thank you all again. And we'll be around. Won't we?

DONNIE EVANS: Donnie Evans, Tarrant County 1972 to '89.

CLYDE ALEXANDER: Clyde Alexander, Athens, '89 to '03.

UNIDENTIFIED SPEAKER: (Inaudible) from 1959 to 1964. Thank you.

UNIDENTIFIED SPEAKER: I'm Richard

(inaudible) from Dallas County. I served in the 63rd and 64th sessions. And I wanted to thank you all for trusting us former members to carry handguns. Thank you.

BEN NELSON: Good to be with you. I'm Ben Nelson. I was elected to the house from Midland from 1960 and then to the Senate in '64 and then served there until 1983. Thank you.

BEN BYNUM: My name is Ben Bynum. I represented Amarillo in '70. Thank you very much.

MR. SCHWARTZ: (Inaudible) Schwartz 1955 and 1957 in the House where I loved it. 21 years in the Senate where it was a little difficult. And I'm delighted to be here today with a bunch of good colleagues and my successor, the good Mike Martin, who worked for me in my time in the Senate and then became a good House member in his own rights. Thank you.

MIKE MARTIN: Mike Martin, Galveston County, 72nd and 73rd legislature. Yes, I did work with Babe and it was an honor. Thank you.

DAVID LIEBOWITZ: David Liebowitz of San Antonio. I had the honor and privilege of representing District 117 for three regular sessions and three special sessions from 2005 through 2010 and I want to tell you all that yes, Virginia, there is life after the legislature. I know y'all have some gargantuan problems to deal with. I just want you to know that I'm thinking about you all and wishing you the best and just remember that when men and women of goodwill put their best foot forward in good faith to meet each other halfway to solve a problem, then you can reach a compromise for the best of all concerned. So y'all take care, best of luck.

MELISSA NORIEGA: Hi, Melissa Noriega from Houston. Good to see everybody, thank you.

SHERRY GREENBURG: Sherry Greenburg, Austin, 1991 to 2001. Good luck.

RHETT BOSLEY: Rhett Bosley from Harris County. I served 1991 through 2002.

RUSS TIDWELL: Russ Tidwell representing Travis County from 1984 all the way to 1985.

PAUL BRUSSELER: I'm Paul Brusseler from Houston, a member of 54 years ago of the 55th legislative session. Just a few months ago we lost one of our most distinguished members, Carl Connelly, and his wife Merle is here with my wife Nancy and my son Paul. And I want to pay tribute to him.

UNIDENTIFIED SPEAKER: (Inaudible) from the City of McAllen, served from '91 through '04. And I would like y'all to consider using the rainy day fund, because that's why we created it.

JOE GIBSON: Joe Gibson from Waco, '79 to '83, speaker's office of (inaudible). Thank you.

TROY SALINAS: My name is Troy Salinas, and I served very proudly from Lubbock County from 1977 to 1985. Have a good day.

BOB TURNER: Bob Turner from Coleman County, I represented District 73 from 1991 to 2003 and it's a treat to be here today. Thank you.

UNIDENTIFIED SPEAKER: (Inaudible) from District 1, served from 1975 to 1983. Thank you for having us.

UNIDENTIFIED SPEAKER: (Inaudible) Calhoun County, 1979 to 1982.

BILL HAMMOND: Bill Hammond from Dallas County, served from 1983 to 1991.

BOBBY AIKEN: Bobby Aiken, served from 1987 to 1989.

BOB DAVIS: I'm Bob Davis from Dallas County, City of Irving. Thank y'all for having us back.

PAUL COLBERT: I'm Paul Colbert, I served from the 67th to 73rd legislature from Houston.

DEBORAH DANBURG: Hi, friends. I'm Deborah Danburg, and I was a member for 22 years and before that I was a legislative aid for five and before that I was a lobbyist for Texans for the Equal Right Amendment. And so glad to be with you. I am newly married to Keith Chapman up in the gallery and living here in Austin and remodeling a home and some of you remember and many of you prayed for me, I had pancreatic cancer four years ago, and I have been four years cancer free. Glad to be alive and glad to be with you.

TONY GOOLSBY: Tony Goolsby from '89 to '09.

BILL ARNOLD: Bill Arnold from Grandberry, Texas, Dallas County, District 106, pleasure to serve from 1987 to 1993.

UNIDENTIFIED SPEAKER: Tom (inaudible) from Houston, Harris County. Elected '61, moved to commissioners court '71, moved to chairman Harris County E911 in '85, retired last year. Thanks for having us.

CALVIN RUCKER: Calvin Rucker, Dallas County, 64th session.

BILL CARTER: Howdy, y'all. I'm Bill Carter from Fort Worth, served 1983 to 2003. Thank you for having us.

PAT HAGGERTY: I'm Pat Haggerty, the asshole from El Paso.

JOHN TURNER: John Turner from '69 to '75, Governor Driscoll's office for three years and then the railroad commission for three years. Thank you.

GLENN REPP: I'm Glenn Repp from Duncanville, Texas, the city of champions.

ROBBIE COOK: Hello everyone. I'm Robbie Cook, I served from the 75th through the 80th legislature. And it's good to see a bunch of friends. Y'all hang in there.

RON LEWIS: Ron Lewis, Orange County

(inaudible) County and part of Jefferson County, 1985 to 2003.

PARKER MCCULLOUGH: Good morning, members. Parker McCullough from Williamson and Burnette Counties. 71st and 72nd session.

JOE SHANNON: I'm Joe Shannon from Tarrant County. I served from 1964 to 1971, I was a mere baby. I was elected when I was six years old.

DAVID CAIN: I'm David Cain, I spent nine terms in the Texas House beginning in 1977 from Dallas.

JOE HEFLIN: Joe Heflin, 80th and 81 session. Relax, keep smiling, don't despair. Someday you'll be former members too and you'll understand why.

FRED ORR: Fred Orr, Dallas County, glad to be here.

SAM HUDSON: Sam Hudson, District 100,

(inaudible), 12 terms. I'll just put it at that, 12 terms.

JIM NUGENT: My name is Jim Nugent, I served 38 years of public elected office I was in the legislature from the 57th through the 65th. Some of you in here are on your last legs, I'm on my wheels. Goodbye.

TERRY TOWNSEND: Mr. Speaker and members, I'm Terry Townsend from Brady, Texas, I served from 1959 to 1971 from Brady. Harvey Hilderbran is my representative now. God bless y'all.

ACE PICKENS: Ace Pickens, elected from Odessa in 1964 until '73.

BENNY BOCH: Good morning. My name is Benny Boch from New Braunsfeld, served from 1973 to 1983, (inaudible) member of this House from 1941 era to override a governor's veto. And I just want to tell all the members that I really appreciate Doug Miller, he's doing a great job. I just want to tell you that I pray every day that you will be guided by what is right rather than what is expedient. Thank you.

DICK REYNOLDS: Dick Reynolds from Richardson, Texas from '71 to '77. Enjoyed every minute of it.

UNIDENTIFIED SPEAKER: (Inaudible) Sr., Hidalgo County, District 36, served 73rd, 74th and please don't ask me if I've come to help my son how to vote, I come to clean his apartment. Thanks for being here.

UNIDENTIFIED SPEAKER: Thanks for letting us come through here today (inaudible) 1971-1973, remember the dirty 30 and balance the budget.

GEORGE PORTSMOUTH: I'm George Portsmouth, I was elected from Galveston County in 1961. It's good to be here. Oh, I want to pass something along. I saw a bumper sticker this morning, it said Honk if you love Jesus, text if you want to meet Him.

FRANK TARRAZIO: Frank Tarrazio from

(inaudible), Texas. 1977 to 1993.

LAUREL CRUZ: Laurel Cruz and for those that are multilingual, it's Laurel Cruz. I served from '66 to '72 representing Houston in the House. Thank you.

BOB ARMSTRONG: I'm Bob Armstrong, I represented Austin, and we are sure glad to be back. Thanks a lot.

CHUCK HANCOCK: I'm Chuck Hancock from Nacadotches, proud to be here with my son today. Thank you for the good work you're doing.

BEN JARVIS: I'm Ben Jarvis from Tyler, Smith County, Texas served in 1959, '61 and '63.

JOHN LARANT: John Larant, Dallas County, 60th legislature, 1968.

MR. CATES: (Inaudible) Cates from the panhandle from '71 to '79.

UNIDENTIFIED SPEAKER: (Inaudible) from 60 to 62 session.

CHARLES FENNEL: Good afternoon, I'm Charles Fennel from Holiday, Texas. I'm proud to serve in this body from 1967 until 1999. Keep up the good work.

TARA RIAS: Hi, I'm Tara Rias. I served in the last legislative session and it's nice to be here today.

GLEN COPELAND: My name's Glen Copeland, I served in the House from 1957 to 1969, then I went to the Senate in 1970. Glad to be back with so many distinguished guests. Thank you.

JOE GAMAZ: Good morning, Joe Gamaz, Bexar County, '83 to '85. Good luck and I'll prayer through with you.

DAN SELLEY: Dan Selley, Harris County, 1987 to 1991.

TONY POLUMBO: I'm Tony Polumbo, I served from Harris County from '75 to '91.

BOB RICHARDSON: I'm Bob Richardson from 69th through 71st legislatures. I want to thank you, Speaker Straus, staff and the members for your courtesies and graciousness and God bless you for the work you have to do this session. Thank you.

HAROLD SMITH: Harold Smith, Travis County, 1981-1991.

DOUG MCLEOD: Doug McLeod from Galveston, I represented Craig Eiland's district.

BILL FRANCO: Bill Franco from Harris County, served in the House from '78 to '84. Glad to be here. Good to see you.

DON ADAMS: I'm Don Adams, I'm from Jasper, Texas and I served about the time Noah was finishing his ark.

UNIDENTIFIED SPEAKER: (Inaudible) from '91, I'm from Rodville, Texas. Good to be here.

JIM HORNE: Good morning, I'm Jim Horne. I represented Denton County in the 80s and the 90s and I don't know who (inaudible), but you should be ashamed of yourselves. That's a lovely young lady.

CHARLIE TUCKER: I'm Charlie Tucker, I served from El Paso and I guess my 15 minutes of fame has to be that the last great bill that passed that didn't hurt anybody and didn't hurt anybody was my right turn on red bill. And I'm fortunate to live in the district now of the Honorable Rafael Anchia.

RON BOYLES: I'm Ron Boyles, 1971 to 1973. It's nice to be back. Y'all are doing a very good job. Best of luck to you in a very tough year.

JERRY DOYLE: I'm Jerry Doyle from Jefferson County. I served in 1971, 2, 3 and 4. And as you get older, you become more resistant to change. It's always refreshing to come here because it doesn't change much.

FRED HEAD: My name is Fred Head, and I am from Athens, Texas. I had the good fortune of serving here for 14 years. You're working in a deliberative body that is a very important part of our great Texas heritage. I want to take the opportunity to today to introduce a man who is with me, Dr. Fred Hayes, he's in the gallery. Dr. Hayes, will you stand up? Thank you, members. Dr. Hayes is a school superintendent in Athens, Texas. I know that you all have a really tough job this time trying to find enough money for public school education as well as a lot of other things. When I have the opportunity to come and visit with people, as I have today, I want to share with you that the fact that people in public school education are doing their best to educate your young people. Not to educate them is going to cost a lot more money. And I would be very grateful for anything you folks could do to take recognition of the fact that Texas is a growing state. You're going to get at least four new Congressmen, that means about 5 million new people and it's time for this legislature to take a deep breath and do the right thing for public school education. Thank you for allowing me to be here with you. I love this body, I appreciate all of you. God bless you and the work that you're doing. Thank you so much.

JOE RADCLIFFE: I'm Joe Radcliffe, I've represented Dallas County at large during much of the 60s. Happy to be here. Thank you for inviting us.

JOE CANNON: I'm Joe Cannon, I was privileged to represent (inaudible) in the 56th, 57th and 58th sessions. Y'all were very kind to invite us here, and I appreciate your hospitality.

JOAN MALUNA: Hi everybody. Joan Maluna, I was here from the 73rd through the 79th, thank you, thank you. It's good to be back and a couple of other folks from our Corpus area. Wonderful to be here.

UNIDENTIFIED SPEAKER: I'm another Corpus person, (inaudible), I served in 1985 to 1987. Thanks for having us.

JAMES KLEGER: Good morning, I'm James Kleger and I've been gone since 1965. On behalf of the Texas Judiciary, we certainly appreciate your continuing support. Thank you very much.

GERALD DUNCAN JR.: Gerald Duncan, Jr., the good people of my hometown of Gilbert in Absher County but I represented the legislature while I was in Korea in 1950, got to come down here and had the privilege of serving in the 52nd House in '51 and '52 and am most happy to be back down here visiting today.

GLENN LEWIS: I'm Glenn Lewis, and I served Tarrant County from 1995 to 2005.

BILL ABBINGTON: I'm Bill Abbington, and I served four terms in the legislature from Fort Worth, Texas from 1946 to 1953 and I'm glad to get back here and see many of my old, old friends.

PAT HAGGERTY: Pat Haggerty, I was here from 1989 to 2009.

STEVE HOLTIZER: Steve Holtizer, representing the Victoria area from 1987 through 1998.

JOE WYATT: Hi, I'm Joe Wyatt. I was a freshman 40 years ago and at that time swore I'd never, ever do this. This is my first time in 40 years and, ladies and gentlemen, members of the House, just goes to show never say never. Thanks a lot.

BARRY CONNELLY: My name is Barry Connelly, I represented northwest Harris County district from '83 to '91. And I have the awesome responsibility of keeping Edmond Kemple straight and I sat right back there behind him and I don't know who won that battle, whether he won it or I won it. But it was a lot of fun. Thank you for all you do.

LEE JACKSON: I'm Lee Jackson from Dallas County served 10 years from '76 to '86. This was the best job I ever had, it was the most informative and it was the most important. Thanks for what you're doing.

DICK REED: Dick Reed from Dallas County, 61st and 62nd sessions.

COLVIN VAN ARSDALE: Colvin Van Arsdale from northwest Harris County.

CLINT HACKNEY: Clint Hackney originally from Angelina County but I knew not to run where the people knew me. So I moved to Houston and got elected to Harris County, District 139 and I served the 67th legislature through the 70th. Thanks for inviting us back.

JIRARD TORRES: Hi, I'm Jirard Torres, I represented District 143 in Harris County from '95 to '98. Good to be here.

AL PRICE: Al Price from Beaumont, Texas and I served from 1977 to 1979 and I'm delighted to have my granddaughter in the balcony and my co-worker Joseph Williams.

CHASE UNDERMIRES: And the last, I'm Chase Undermires, I served from Harris County from 1977 to '81 and am currently the appointee of our speaker to the Texas Ethics Commission.

JIM TURNER: I'm Jim Turner from Crockett. I served 1981 to '84 and always treasure the time I served in this great House.

REPRESENTATIVE BEVERLY WOOLLEY: These are two guys whose district I now have. It was actually Chase and Ashley's and now I've got part of Robert Echols and part of (inaudible). Robert Echols. Members, the House is adjourned until 1:00 p.m. on Monday.

(Adjourned.)