JOE STRAUS: House, come to order. Members, please register. Have all registered? Have all members registered? Quorum is present. House and gallery, please rise for the invocation. Chair recognizes Representative Farias to introduce our Pastor of the Day.
REPRESENTATIVE JOE FARIAS: Mr. Speaker, members, we have Father Steven Gamez, a graduate from John Jay High School in San Antonio in 1990, and after graduating he joined the United States Navy. After serving in the Navy, he began his official seminary training in August of 2000 at Holy Trinity Seminary in Dallas, Texas. He graduated from the University of Dallas in 2002 with a Bachelor of Arts in Psychology and Letters. He received his Masters at Assumption Seminary, a School of Theology, and graduated with a Masters of Divinity in May, 2008. He was ordained a priest on May 17th, 2008, at San Fernando Cathedral. Father Gamez is currently the priest at St. Philip of Jesus church in San Antonio. Members, Mr. Speaker, please help me welcome Father Gamez.
FATHER STEVEN GOMEZ: Good morning and thank you, Representative Farias. I want to thank you for the invitation to be here with you this morning and I want to thank all of you personally for all the hard work you do as our servant leaders. Bow your heads and pray for God's blessing. Blessed are you Lord God, God of all creation, whose goodness fills our hearts with joy. Blessed are you who've brought us together this day to work in harmony and peace. In you, Lord our God, all things have their beginning, continuation and end. Grace us with your saving presence. Aid us with your constant help. May everything we do begin with your inspiration and continue with your help so that all our prayers and works may begin in you and by you be happily ended. May God strengthen you and bring your work to completion. May hope accompany your journey through the days to come. May God's abiding presence be with you all the days of your life. Amen.
JOE STRAUS: Chair recognizes Representative White to lead us in the Pledge.
REPRESENTATIVE JAMES WHITE: Thank you, Mr. Speaker. Fellow members, guests in the gallery, could you please join me in honoring our nation's national and state flag. Thank you.
(Pledge of Allegiance to the United States and Texas flag.)
JOE STRAUS: Excuse Representative Allen for today and for the remainder of the week, because of a death in the family. On the motion of Representative Thompson. Excuse Representative Harless because of illness, on the motion of Representative Hopson. Is there objection? Chair hears none. So ordered. Representative White moves that the House suspend the reading and referral of House Bills until the end of today. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Marquez to introduce the Doctor of the Day.
REPRESENTATIVE MARISA MARQUEZ: Thank you Mr. Speaker and members, today I would like to introduce Dr. David Palafox as our Doctor of the Day. Welcome. He's a lifelong resident of El Paso, Texas, and a graduate of the University of Texas, El Paso and Texas Tech University. He's a volunteer and an active U.S. Army Individual Ready Reserve Medical Corps and practices at all local hospitals, including U.S. Army Hospital William Bowmen. He has been a full-time volunteer staff physician at the El Paso Baptist Free Clinic since 2007, and is an active member of, past present, of the El Paso County Medical Society. Please, join me in welcoming Dr. David Palafox as our Doctor of the Day. Thank you for all your hard work in our community.
JOE STRAUS: Chair recognizes Representative Margo.
REPRESENTATIVE DEE MARGO: Thank you, Mr. Speaker. I just want to recognize the doctors from El Paso that are here. If they would please stand. Thank you. Upper right. Where are they? Stand up.
JOE STRAUS: Chair recognizes Representative Geren for an introduction.
REPRESENTATIVE CHARLIE GEREN: Thank you Mr. Speaker and members. Members, you've met the official Doctor of the Day and I want to introduce you to Tuffy's Doctor of the Day, Blake McKinny, who is seated in the south gallery. Blake, stand up. This is Mike McKinney's son. He graduated from Texas A&M, he served four years in the U.S. Marine Corps and rotated out as a captain. He then attended the University of Texas Medical School in Houston and he then did his residency in emergency medicine in Sacramento and now is an emergency medicine physician in Northern California. And some of you needed a personal physician today, so Blake came down to the Capitol to serve in that capacity, but just for the day. Blake, welcome to the Capitol.
JOE STRAUS: Madam Doorkeeper?
MADAM DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the Door of the House.
JOE STRAUS: Admit the messenger.
SENATE MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate is taking the following actions:
JOE STRAUS: Chair recognizes Representative Davis of Harris for an introduction.
REPRESENTATIVE SARAH DAVIS: Members, since we are on the subject of doctors I wanted to call attention to a few doctors. I don't know if you can make them out. In the gallery, there's a couple of them in white coats. But please join me in welcoming over 300 physicians, medical students and other health care professionals. They are here as a part of First Tuesdays, with which they are bringing the message of medicine to the Capitol. So if the students and physicians would please rise and let us welcome you to the Capitol. Thank you.
JOE STRAUS: Chair recognizes Representative Sheffield for an introduction.
REPRESENTATIVE RALPH SHEFFIELD: Thank you Mr. Speaker and members, good morning. I'm kind of joining in with Representative Davis on this First Tuesday. We have some psychiatrist residents from Scott White Medical Center in Bell County. A lot of them. If they will please stand and recognize them. Welcome to your House, residents, and thank you for all the hard work that you do.
JOE STRAUS: Chair recognizes Representative McClendon for a motion.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you Mr. Speaker and members. I move to suspend all necessary rules to take up and consider a congratulatory and memorial calendar at 10:00 a.m. this Thursday, April the 7th, 2011.
JOE STRAUS: Members, you have heard the motion. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Keffer for a very special -- a very, very good introduction.
REPRESENTATIVE JAMES L. KEFFER: Thank you Mr. Speaker. I do have a very, very special introduction that I want to do here in a real quick moment. A name that is known worldwide because of his athletic ability, but to me, besides that fact that important fact, he also embodies everything that we, as members of a society whose family member or somebody, or ourselves, a family member is going through the curse of cancer, Lance Armstrong embodies that willpower. He embodies the struggle, he embodies the hope that you go from a cancer patient to a cancer survivor. And it's an honor to have Lance with us today as Cancer Awareness Day. And he'll be around in a little bit to speak with y'all, but I just -- we had him over here, I wanted to introduce you to him. For those that haven't met him, a wonderful person, down to earth. And, before I forget, I do want to thank especially Speaker Tom Craddick for his work when the Cancer Bill was on the floor and his support and really, without his support, we probably would not have been successful. So I want to do that and all the joint authors, of course, that worked with us on that, too. But, without further ado, I would like to introduce to you a great, great Texan, Lance Armstrong.
LANCE ARMSTRONG: Thank you, Representative Keffer. As you probably -- It was some years ago, but I have to say we had a great time trying to make this happen, traveling around the state, talking to fellow Texans, talking to survivors, talking to family members of people that have been affected. It's appropriate that we're here on Cancer Awareness Day. First and foremost, I want to thank a few people, I guess, before I get any further. I should thank Jimmy Mansour, not only for the job that he does, but also for the fact that I came here today without a tie and as I started to walk in they said wait a minute, and Jimmy gave me his tie; so I'm allowed to actually be in here today. So without Jimmy I wouldn't be standing here right now. And certainly without the great doctors and nurses that I see present, and the field that they represent, I also wouldn't be able to stand here today, either. But thank you all for all your hard work. Thank you for your support of CPRIT. The people of Texas voted for this, they voted the they wanted this, they voted that it was significant. They understand the toll that it takes on their lives. And really, the thievery that is involved when a mother is taken a sister is taken, a child is taken, a friend, a neighbor, a colleague, a classmate; we understand all too well what that's about. And so Texas lead and other states are looking at this model thinking how can we do this? Hey, what about us? We have great hospitals, we have great doctors, we have great nurses. How can we fund high level research in our state? But the cool thing is that our state lead. And so I'm very proud of that, very proud of the campaign, proud of the fact that two thirds of this state voted for it. But, in the end, you know, I get asked all the time, how is it going? How is your foundation going? How is the fight against cancer going? I can talk all day about the fact like that we raised $50 million last year. And the answer to that is its's going great, we are able to raise a lot of money. If you look at our partners in the community, the American Cancer Society raises hundreds of millions, Coleman raises hundreds of millions of dollars, this initiative gets reinforced in this room and it raises hundreds of millions of dollars. We can say that it's going great but the key and, Jim, I think you understand this, the only day and the first day that we can truly say it's going great is the day that we don't need it anymore. That's the day that we say hey, we don't need to raise any more money. We've solved the problem. We've put people back into life, we've put people back into work, we put them back into love and we don't have this issue. And that's the day that we get to say it's a great day. And so I look forward to that day. And I think that this collective and collaborative effort, and I think that collaboration is the key word there, is the way to go. And awfully proud, awfully proud. I mean it's cool to go to other states now and talk about what we did here in Texas and watch the envy. So thank you all for your help and support. Let's keep working. We got a lot of work to do. So thank you.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Dutton for a motion.
REPRESENTATIVE HAROLD V. DUTTON JR.: Mr. Speaker, members, move to suspend all necessary rules to take up House Resolution 1183.
REPRESENTATIVE MIKE HAMILTON: Members, you heard the motion. Is there any objection? Chair hears none. So moved. Chair lays out HR1183. Clerk will read the caption.
CLERK: HR1183 by Dutton. In memory of Dr. Jessie Wallace Jackson, Jr.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Dutton.
REPRESENTATIVE HAROLD V. DUTTON JR.: I move adoption of the resolution, members.
REPRESENTATIVE MIKE HAMILTON: Members, you heard the motion. Is there any objection? Chair hears none. So moved. Mr. Cain or Mr. Shelton on the floor. Chair recognizes Representative Shelton.
REPRESENTATIVE MARK SHELTON: Thank you, Mr. Speaker. I move to suspend all necessary rules to take up and consider House Resolution 1157.
REPRESENTATIVE MIKE HAMILTON: Members, you heard the motion. Is there any objection? Chair hears none. So moved. Chair lays out HR1157. The clerk read the caption.
CLERK: HR1157 by Shelton, honoring Jay Luther King, Jr. of Fort Worth for his service as Chair of the Texas Christian University Board of Trusties.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Shelton.
REPRESENTATIVE MARK SHELTON: Move passage.
REPRESENTATIVE MIKE HAMILTON: Members, you heard the motion. Is there any objection? Chair hears none. So moved. Representative Geren moves to add all names. Is there any objection? Chair hears none. So moved. Chair recognizes Representative Davis of Harris.
REPRESENTATIVE SARAH DAVIS: Thank you Mr. Speaker and members, I would like to recognize a couple of very special guests joining us in the gallery today. We have Nobel Prize winner Dr. Robert Curl, who is a professor emeritus at Rice University, and he is joined by Mark Sands, a high school student from Austin who is currently working at the Norman Hackerman Advanced Research Program Lab. So, members, please join me in welcoming them to the Capitol.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Thank you Mr. Speaker, members, and thank you Representative Davis. Bob Curl was a faculty member when I was at Rice a good while ago. And I had the honor of being at the ceremony at Rice where they recognized he and the late Dr. Smalley for their Nobel Prize winning. I have my favorite autographed cap from them from the Nobel Prize winners. So I want to add my welcome to Dr. Curl and the rest of the crew from Rice. Thank you for being here.
REPRESENTATIVE MIKE HAMILTON: Representat ive Jackson? Members, we are ready to do third reading. Chair lays out on third reading HB716. Clerk will read the bill.
CLERK: HB716 by Miller. Relating to the taking of certain feral hogs using a helicopter.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Miller.
REPRESENTATIVE SID MILLER: Mr. Speaker and members, this is House Bill 716 we passed on second reading yesterday, I believe, with 137 votes. It is the feral hog bill, depredation bill. I move adoption.
REPRESENTATIVE MIKE HAMILTON: Question occurs on final passage of HB716. This is a record vote. Clerk will ring the bell. Show Bohac voting aye. Representative Workman voting aye. Representative Guillen voting aye. Representative Roberto voting aye. Have all members voted? Being 133 ayes, 12 nays, two present not voting. It passes to engrossment. Chair lays out on third reading and final passage HB109. Clerk will read the bill.
CLERK: HB109 by Brown. Relating to the temporary lowering of prima facie speed limits at a vehicular accident reconstruction site.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Brown.
REPRESENTATIVE FRED BROWN: Thank you, Mr. Speaker. Members, this is a bill that you passed yesterday that just makes -- it simplifies the process for your local police departments and sheriffs department to reconstruct accident investigation scenes. Move passage.
REPRESENTATIVE MIKE HAMILTON: Anybody wish to speak for or against? If not, the question curse on final passage on HB109. It's a record vote. The clerk will ring the bell. Have all members voted? Being 144 ayes, zero nays, HB109 passes to engrossment. Chair lays out HB371 on third reading. Clerk will read the bill.
CLERK: HB371 by Hochberg. Relating to prohibiting deferred adjudication supervision for certain defendants convicted of murder.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Hochberg -- chair recognizes Representative Carter.
REPRESENTATIVE STEFANI CARTER: Members, this is a deferred adjudication bill for certain defendants convicted of murder. I move passage and third reading.
REPRESENTATIVE MIKE HAMILTON: Members, is there anybody wishing to speak for or against HB371? The question occurs on HB371 for final passage. A record vote -- Oh, Representative Phillips, for what purpose?
REPRESENTATIVE LARRY PHILLIPS: Would the gentle-lady yield?
REPRESENTATIVE MIKE HAMILTON: Would the gentle-lady yield?
REPRESENTATIVE STEFANI CARTER: Yes, Representative.
REPRESENTATIVE LARRY PHILLIPS: I just wanted to make sure, is this technically your first bill? Because if it's not, I don't have any questions. If it is technically your first bill, we'll have a lot of questions.
REPRESENTATIVE SCOTT HOCHBERG: It's my first bill.
REPRESENTATIVE STEFANI CARTER: No.
REPRESENTATIVE LARRY PHILLIPS: I have no questions, then.
REPRESENTATIVE STEFANI CARTER: Thank you, Representative Phillips.
REPRESENTATIVE MIKE HAMILTON: That's all right, Representative. We know it's your birthday today and we know you're getting old and can't hear too well.
REPRESENTATIVE STEFANI CARTER: Happy birthday.
REPRESENTATIVE MIKE HAMILTON: All right, members, the question occurs on HB371. On final passage. It's a record vote. Clerk ring the bell. Showing Representative Hochberg and Representative Carter voting aye. Have all voted? Being 143 ayes, two nays, HB371 passes to engrossment. Chair lays out on third reeding and final passage HB252. The Chair recognizes the clerk.
CLERK: HB252 by Hildebrand. Relating to eligibility for new exemption from ad valorem taxation of the residence homestead of a person.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Hildebrand.
REPRESENTATIVE HARVEY HILDERBRAN: Members , this is a homestead -- keeping people from having duplicate homestead bills that we've heard yesterday. Move final passage.
REPRESENTATIVE MIKE HAMILTON: Members, is there anybody that would like to speak on or against HB252? Not hearing any. The question occurs on final passage of HB252. This is a record vote. Clerk will ring the bell. Have all voted? Being 146 ayes and zero nays, HB252 has passed to engrossment. We're going to lay out as a matter of postponed business HB1165. We'll take a reading.
REPRESENTATIVE JAMES L. KEFFER: Members, we're still waiting for the Senate --
REPRESENTATIVE MIKE HAMILTON: Hang on a second. Clerk will read the bill.
CLERK: HB1165 by Keffer. Relating to the exemption of certain electric cooperatives from certain regulations.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES L. KEFFER: Thank you, Mr. Speaker. We're still waiting for the Senate Companion, so I would like to again delay this bill to time certain April the 12th at 10:00 a.m. Thank you very much.
REPRESENTATIVE MIKE HAMILTON: Members, you heard the motion to postpone business in consideration of HB1165. Is there objection? Until April the 12th at 10:00 a.m. Is there any objection? Chair hears none. So moved. Chair lays out as a matter of postponed business HB310. Clerk will read the bill.
CLERK: HB310 by King. Relating to election procedures and qualifications for members of boards of directors for water supply or sewer service corporations.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes King.
REPRESENTATIVE TRACY O. KING: Thank you Mr. Speaker. Members, I move to postpone this bill until a time certain being April 12th at 10:00 a.m.
REPRESENTATIVE MIKE HAMILTON: Members, you heard the motion to postpone business of HB310 to the 12th of April at 10:00 a.m. Is there any objection? Chair hears none. So moved. Chair lays out on postponed business HB229 on second reading. The clerk will read the bill.
CLERK: HB229 by Solomon. Relating to the duties of the county tax assessment collector and voter registrar regarding exemptions from jury service.
REPRESENTATIVE MIKE HAMILTON: Chair recognizes Representative Solomon.
REPRESENTATIVE BURT R. SOLOMONS: Mr. Spea ker, members, I move to postpone this bill until April 12th until 10:00 a.m. in the morning.
REPRESENTATIVE MIKE HAMILTON: Members, Mr. Solomon moves that we postpone business of HB229 until time certain of April 12th at 10:00 a.m. Is there any objection? Chair hears none. So moved. Chair recognizes Representative Davis for an introduction.
REPRESENTATIVE SARAH DAVIS: Thank you Mr. Speaker and members, joining us at the Capitol today is the National Council of Jewish Women, with more than 3,000 members in the State of Texas. They are meeting in Austin for their biennial day on the hill. They are advocating for women, children and families on issues such as teen pregnancy prevention, family financial security and childhood obesity prevention. Members, please join me in welcoming them to the Texas House of Representatives.
JOE STRAUS: Chair recognizes Representative Creighton.
JOE STRAUS: Chair recognizes Representative Creighton.
REPRESENTATIVE BRANDON CREIGHTON: Mr. Spe aker, members, this is a bill we passed last session a 144 to 0. It is a notification bill and it provides ground water districts with notification if an application is made for an injection well for the TCQ. Move passage.
JOE STRAUS: Members, the Chair lays out House Bill 444. The clerk will read the bill.
CLERK: HB444 by Creighton. Relating to notification of applications for permits for certain injection wells.
JOE STRAUS: Members, there's an amendment. Members, is there anyone wishing to speak for or against House Bill 444? Chair recognizes Representative Creighton to close.
REPRESENTATIVE BRANDON CREIGHTON: Thank you Mr. Speaker, members. Move passage.
JOE STRAUS: Question occurs on passage to engrossment of House Bill 444. All those in favor say aye. Those opposed say nay. Ayes have it. House Bill 444 passes to engrossment. Chair lays out House Bill 571, second reading. Clerk will read the bill.
CLERK: HB571 by Huberty. Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; providing penalties.
JOE STRAUS: Chair recognizes Representative Huberty.
REPRESENTATIVE DAN HUBERTY: Thank you Mr. Speaker and members, this is a --
REPRESENTATIVE LARRY PHILLIPS: Mr. Speaker ?
JOE STRAUS: Mr. Phillips, for what purpose?
REPRESENTATIVE LARRY PHILLIPS: Parliament ary inquiry.
JOE STRAUS: State your inquiry.
REPRESENTATIVE LARRY PHILLIPS: We're concerned -- trying to find out if this is Representative Huberty's first bill. He tried to claim that they had one earlier today. Does anyone know whether this is his first bill?
JOE STRAUS: Representative Phillips, you may not have noticed but Representative Huberty has already passed the bill.
REPRESENTATIVE LARRY PHILLIPS: Okay. That's what we wanted to make sure.
REPRESENTATIVE DAN HUBERTY: Thank you, Representative Phillips.
REPRESENTATIVE LARRY PHILLIPS: Mr. Speaker , parliamentary inquiry.
JOE STRAUS: State your inquiry.
REPRESENTATIVE LARRY PHILLIPS: Would it be allowable under the rules for us to reconsider the passage of his first bill? That was a week ago.
JOE STRAUS: I will recognize you for that, for that purpose. Chair recognizes Representative Huberty.
REPRESENTATIVE DAN HUBERTY: Thank you, Mr. Speaker. This really is an important piece of legislation. I did provide to you in your email boxes this morning a picture of the impact of what we're seeing and what this legislation or lack of legislation has done. I live in an area that water supply is being contaminated through the sediment and the run off from the illegal sand mine operators, and this is really specifically relating to sand mine operators. And what happens is that they are coming into our areas and making -- taking away the top level of sediment illegally, and then leaving the area in disrepair. The run off and the area that is sleet flowing into the stream, is then going into our water supply. This is an important piece of legislation for us because it gives the TCQ the ability to ferment the operators that are there. We have the -- believe it or not, bipartisan support of the environmental group along with the Texas Aggregate and Concrete Association. The Texas Municipal League, along with our own City of Houston. This will save the taxpayers money in the long run because the sediment that is running in costs us a lot to treat the water, and because we're going to be supplying the water regionally through the project that we have with the Trinity River, we're going to be getting 150 million gallons of wear a day, and then it's going to be going down into Galveston, Fort Bend County.
REPRESENTATIVE TREY MARTINEZ FISCHER: Mr. Speaker.
JOE STRAUS: Mr. Martinez, for what purpose?
REPRESENTATIVE TREY MARTINEZ FISCHER: Par liamentary inquiry.
JOE STRAUS: State your inquiry.
REPRESENTATIVE TREY MARTINEZ FISCHER: Isn 't there a preferred uniform for House sergeants when they're on the floor of this House? I believe the sergeant to the left of Representative Huberty is missing his patch.
JOE STRAUS: Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Would the gentleman yield?
JOE STRAUS: Mr. Huberty, do you yield?
REPRESENTATIVE DAN HUBERTY: I yield.
REPRESENTATIVE SYLVESTER TURNER: Represen tative Huberty, would you tell us a little bit more about what this bill is about?
REPRESENTATIVE DAN HUBERTY: The real intent of this is to allow cities to -- if it does pass, it is obviously the ability for the TCQ to have the ability to permit the sand mine operators. And basically it's the good guys against the bad guys. The people that are doing it right are having the ability to be able to run their businesses effectively. And it gives them the ability to make sure that they are leaving the condition of the water and the supply in the area in good repair.
REPRESENTATIVE SYLVESTER TURNER: And this bill affects the -- doesn't it touch on the Harris County -- the North Harris County area?
REPRESENTATIVE DAN HUBERTY: Yes, sir, it will effect Harris County. It's for the whole state, but this has been a bill that Senator Williams has been working on for the last three sessions, really, to try and minimise the impact that we're seeing from the illegal sand mine operators on the San Jacinto River. And it's going into the water supply in Lake Houston, which obviously impacts all of us in Houston.
REPRESENTATIVE SYLVESTER TURNER: Are you familiar with the point of order?
REPRESENTATIVE DAN HUBERTY: Yes, sir.
REPRESENTATIVE SYLVESTER TURNER: Do you know what a point of order is?
REPRESENTATIVE DAN HUBERTY: Yes, sir.
REPRESENTATIVE SYLVESTER TURNER: Because I received a letter in reference to your area, and should I exercise a point of order on this bill?
REPRESENTATIVE DAN HUBERTY: I would ask that you please don't.
REPRESENTATIVE SYLVESTER TURNER: Was that a pretty please or --
REPRESENTATIVE DAN HUBERTY: Pretty please.
REPRESENTATIVE SYLVESTER TURNER: Sugar on top?
REPRESENTATIVE DAN HUBERTY: Yes, sir.
REPRESENTATIVE SYLVESTER TURNER: And consistent with who I am, brown sugar at that.
REPRESENTATIVE DAN HUBERTY: Mr. Speaker, whatever you would like, yes, sir.
REPRESENTATIVE SYLVESTER TURNER: All right. Let me just ask you, on a serious matter, in reference to HB571; the legislative intent purpose on this bill, if this bill passes, Representative Huberty, is it your intent to allow cities to continue to apply and enforce any ordinances that currently have -- that regulate aggregate production operations within the city limits?
REPRESENTATIVE DAN HUBERTY: Absolutely nothing in this bill is intended to limit the applicability of the existing city ordnances that regulates aggregate production operations at all.
REPRESENTATIVE SYLVESTER TURNER: And is it your intent to prohibit cities from adopting ordinances in the future that regulate aggregate production operation?
REPRESENTATIVE DAN HUBERTY: No, Representative Turner. This bill is not intended to preempt any city ordnances that are currently in existence, or city ordnance that may be adopted in the future at all.
REPRESENTATIVE SYLVESTER TURNER: Mr. Spea ker.
JOE STRAUS: Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: With regards to the by-laws between Representative Huberty and myself, on legislative ten the last few questions that I posed to him and his responses, I would ask that those questions and responses be reduced to writing and placed within the journal.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Huberty.
REPRESENTATIVE DAN HUBERTY: Thank you, Mr. Speaker.
JOE STRAUS: Mr. Aycock, for what purpose?
REPRESENTATIVE JIMMIE DON AYCOCK: Would the gentleman yield for a couple of questions?
JOE STRAUS: Mr. Huberty, do you yield?
REPRESENTATIVE DAN HUBERTY: I yield.
REPRESENTATIVE JIMMIE DON AYCOCK: Thank you. Is it my understanding that this bill would apply almost exclusively to sand pit operators operating where there is water contamination?
REPRESENTATIVE DAN HUBERTY: Yes, sir.
REPRESENTATIVE JIMMIE DON AYCOCK: It would not apply to saw operators or sawing out limestone quarries?
REPRESENTATIVE DAN HUBERTY: Yes, sir, that is correct.
REPRESENTATIVE JIMMIE DON AYCOCK: It would not change the present regulations at as they relate to crushed rock operations away from water?
REPRESENTATIVE DAN HUBERTY: Yes, sir, that is correct.
REPRESENTATIVE JIMMIE DON AYCOCK: Thank you.
REPRESENTATIVE DAN HUBERTY: Members, I appreciate the opportunity to explain this. This is important for, I believe, certainly our community and your communities, because it impacts the quality of water that we and our children drink and our grandchildren drink. And certainly would appreciate your full consideration. And, Mr. Speaker and members, I move passage.
JOE STRAUS: Is there anyone that wishes to speak for or against House Bill 571? Question occurs on passage to engrossment of House Bill 571. All those in favor say aye. Those who oppose say nay. The ayes have it. House Bill 571 passes to engrossment. Chair lays out House Bill 610 on second reading. The clerk will read the bill.
CLERK: HB610 by Zerwas. Relating to the method of delivery of certain notices sent by the Texas Commission on Environmental Quality.
JOE STRAUS: Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker and members, this bill is on some legislation that we passed during the last session in regards to the TCEQ and their ability to utilize electronic communication. The fiscal directs that all forms of communication to legislative offices, our offices, be in electronic format unless that office requests that they will receive a hard copy. The TCEQ does support this legislation. There is no fiscal impact to the state. And, ultimately, it will make our lives a lot easier, I think, by not having to deal with all the paper trail. And, Mr. Speaker, I believe we have a couple of amendments to this -- to this piece of legislation.
JOE STRAUS: The following amendment, the clerk will read the amendment.
CLERK: Amendment by Zerwas.
JOE STRAUS: Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker and members, this is a technical correction that was requested by TCEQ so that this language does not interfere with any of the other laws that would effect TCEQ's ability to send out notices. And it's acceptable to the author.
JOE STRAUS: Members, Dr. Zerwas sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Following amendment. Clerk read the amendment.
CLERK: Amendment by Martinez Fischer.
JOE STRAUS: Chair recognizes Representative Martinez Fischer.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you Mr. Speaker and members, this is an amendment that Dr. Zerwas and I have talked about. This only provides that is when these notices are done electronically, that there is a link on the electronic notice that will take you to a map so that we know where these facilities are. I believe it's acceptable to the author.
JOE STRAUS: Amendment is acceptable to the author. Is there objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker. And I would move that we adopt this particular legislation.
JOE STRAUS: Anyone wishing to speak for or against House Bill 610? Chair recognizes Dr. Zerwas to close.
REPRESENTATIVE JOHN ZERWAS: Thank you Mr. Speaker and members, I close.
JOE STRAUS: Members, the question occurs on passage to engrossment of House Bill 610. All those in favor say aye. Those opposed say nay. Ayes have it. House Bill 610 passes to engrossment. Chair lays out on second reading House Bill 645. The clerk will read the bill.
CLERK: HB645 by Orr. Relating to the information required to be included on forms of application for an exemption from ad valorem taxation of a property owned by a charitable organization.
JOE STRAUS: Chair recognizes Representative Orr.
REPRESENTATIVE ROB ORR: Mr. Speaker, members, this is a bill brought to me by a constituent. Currently, charitable organizations will receive its property tax exemption and actual persons driver's license, personal ID certificate or Social Security number must be provided on the exemption form. When application for a charitable organization requiring one individual to provide the personal identification information can be misleading and problematic to the security of such personal information. That is a problem. HB645 requires that the application for property tax exemption for a charitable organization to allow for listing of the charitable tax ID number in lieu of providing the person's driver's license or Social Security number.
REPRESENTATIVE JOHN OTTO: Mr. Speaker?
JOE STRAUS: Representative Otto, for what purpose?
REPRESENTATIVE JOHN OTTO: Would the gentleman yield for some questions?
JOE STRAUS: Mr. Orr, do you yield?
REPRESENTATIVE ROB ORR: I yield.
REPRESENTATIVE JOHN OTTO: Representative Orr, I just want to get some legislative intent. I think you have a very good bill, but there was an issue that was raised in the HRO report about that, this should be expanded to all charities. And if I read your bill, if you are a recognized nonprofit organization then your bill would apply and that was your intent; is that correct?
REPRESENTATIVE ROB ORR: That is correct.
REPRESENTATIVE JOHN OTTO: So any recognized charity or nonprofit would be able to have the person that is responsible for applying for the exemption to use the federal ID number for that entity; is that your understanding?
REPRESENTATIVE ROB ORR: Yes, sir, that's exactly correct.
REPRESENTATIVE JOHN OTTO: Thank you.
REPRESENTATIVE ROB ORR: Move adoption.
JOE STRAUS: Anyone wishing to speak for or against House Bill 645?
REPRESENTATIVE TREY MARTINEZ FISCHER: Mr. Speaker.
JOE STRAUS: Mr. Martinez Fischer, for what purpose?
REPRESENTATIVE TREY MARTINEZ FISCHER: I move that we put the exchange between Representative Orr and Representative Otto, reduce it to writing and place it in the journal.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Question occurs on passage to engrossment of House Bill 645. All those in favor say aye. All those opposed say nay. House Bill 645 passed to engrossment. Chair lays out on second reading House Bill 675. Clerk will read the bill.
CLERK: HB675 by Lucio. Relating to football helmet safety requirements in schools.
JOE STRAUS: Chair recognizes Representative Lucio.
REPRESENTATIVE EDDIE LUCIO III: Thank you, Mr. Speaker. Members, while much of the attention regarding football related head injuries focuses on the after effects and severity of concussions we must not overlook the importance of measures that help prevent such tragedies from happening in the first place. The first line of defense in protecting football players from possible debilitating effects is the player's helmet. What this bill does, members, is requires school districts to recondition helmets that are ten years or older every two years, and keep records of the helmet's age and reconditioning. This information will be available, upon request, by parents, and this bill will also require that after sixteen years of use on the football field, helmets will no longer be able to be used. The biggest problem we're trying to prevent, obviously, is the severe effects and long-term permanent effects of concussion. And, unfortunately, what happens in school districts is the varsity football team gets the newest equipment and the equipment gets passed down to J.V., Freshman and then Junior High teams. So, with that Mr. Speaker, I move adoption, move passage.
REPRESENTATIVE ARMANDO WALLE: Mr. Speaker.
JOE STRAUS: Mr. Walle, for what purpose?
REPRESENTATIVE ARMANDO WALLE: Would Representative Lucio answer a few short questions?
JOE STRAUS: Representative Lucio do you yield?
REPRESENTATIVE EDDIE LUCIO III: Absolutely .
REPRESENTATIVE ARMANDO WALLE: Representat ive Lucio, this safety bill for many of us in this body that only played high school football is a needed mechanism so that we have some safety and minimum standards for high school football players to prevent traumatic brain injuries, particularly concussions.
REPRESENTATIVE EDDIE LUCIO III: This bill was supported by the Texas High School Association, the Texas Medical Association, the Texas Class and Teachers Association, the Texas Speech and Language Association and the Texas Pediatrics Society. So, by and large, everyone all agrees that the long-term effects of head injuries, now become more and more of an issue as high school players are becoming bigger and faster and stronger, it's just -- there's a lot of danger out there. This is an inherently dangerous sport. And I need to make sure my colleague doesn't put this helmet on you.
REPRESENTATIVE ARMANDO WALLE: My understanding, Representative Lucio, is that helmet manufacturers recommend helmets be reconditioned every year.
REPRESENTATIVE EDDIE LUCIO III: This is a minimal standard. In order to meet the requirements of a warranty, most -- 90 plus percent of football programs recondition every year or every other year. So this doesn't kick in until ten years after use. So this is basic, basic standards. This is like putting your seat belt on if you want to compare it to driving a car. The basic, minimal standard.
REPRESENTATIVE ARMANDO WALLE: And we talked earlier about when you -- when a student athlete gets that first concussion, that the degrees of severity for that athlete vary from student to student.
REPRESENTATIVE EDDIE LUCIO III: Absolutely . So you and I both get concussions in the same game, but because of the way the brain works, and it's different for every student, you may heal in two weeks. It may take me nine months. I was speaking to Chairman Callegari who has a grandson who had a concussion. It took him nine months to heal from that concussion and they were worried for a long time regarding how well he was going to do.
REPRESENTATIVE ARMANDO WALLE: Thank you, Representative.
REPRESENTATIVE EDDIE LUCIO III: Thank you.
REPRESENTATIVE LARRY TAYLOR: Mr. Speaker?
JOE STRAUS: Mr. Taylor, for what purpose?
REPRESENTATIVE LARRY TAYLOR: Would the gentleman yield for a question?
JOE STRAUS: Mr. Lucio, do you yield for a question?
REPRESENTATIVE EDDIE LUCIO III: I definitely yield to my good friend.
REPRESENTATIVE LARRY TAYLOR: Representati ve Lucio, this is a serious bill and a very serious matter. But you started talking about football and it comes to mind, doesn't the legislature have a history of having a football game every session?
REPRESENTATIVE EDDIE LUCIO III: Yes, sir. I'm glad you bring that up.
REPRESENTATIVE LARRY TAYLOR: Who is responsible for organizing that game?
REPRESENTATIVE EDDIE LUCIO III: That is scheduled for April 11th, because the freshman were too relaxed in organizing that game. So the Wellness Caucus took the initiative. So that will be played. The Wellness Caucus.
REPRESENTATIVE LARRY TAYLOR: The Wellness Caucus. Isn't it true that at least one person gets hurt every year at the football game?
REPRESENTATIVE EDDIE LUCIO III: The last major injury was Aaron Pena, and I think he broke his body.
REPRESENTATIVE LARRY TAYLOR: So April 11th we will have a legislative football game?
REPRESENTATIVE EDDIE LUCIO III: That's right. So have a little bit of time to try to get in shape between now and then. Not much.
REPRESENTATIVE LARRY TAYLOR: Thank you very much.
REPRESENTATIVE EDDIE LUCIO III: Thank you.
REPRESENTATIVE KEN LEGLER: Mr. Speaker?
JOE STRAUS: Mr. Legler, for what purpose?
REPRESENTATIVE KEN LEGLER: Would the gentleman yield for a question?
JOE STRAUS: Mr. Lucio, do you yield?
REPRESENTATIVE EDDIE LUCIO III: Love to yield to my friend.
REPRESENTATIVE KEN LEGLER: We talked a little bit. My question on this, you know we talked about an unfunded mandate for school. Could you tell me a little bit more how many people, what percent of this will affect our state, roughly?
REPRESENTATIVE EDDIE LUCIO III: Well, again, if your school district goes out and purchases new helmets they already do this because they have to meet their warranty requirements, number one. Two, we're talking about preventing in our country an average of 67,000 concussions that occur every year. The biggest problem is not the first concussion but the second concussion. And we have other bills we are working on. Several members of this body, regarding addressing head injuries. You know, regarding school districts, I haven't had a single one call and tell me they have an issue with it. My school districts down there all said not a problem, we already do this. We want to protect our high school athletes.
REPRESENTATIVE KEN LEGLER: And question awhile ago, I asked about UIL and couldn't they have done this on their own? And you made mention that they really were ambiguous on the answer. They didn't say yes, they didn't say no. And so you feel like they couldn't come up with a decision, it was best for us to come up with a decision.
REPRESENTATIVE EDDIE LUCIO III: Exactly. And again, minimal standards. We're talking about stuff that is already done that we hope to just bring home to say we want to protect. If you're going to have a football program -- Mind you, we don't mandate any high school to have a football program. Nor do we include in curriculum that an student must play football. So if you're going to make the expense of having a football program, hiring coaches, telling parents we're going to do everything we can to protect your athletes, you should recondition the helmet after ten years, mind you. So this is going to be in use for ten years before they have to think about it with this bill.
REPRESENTATIVE KEN LEGLER: Thank you. Mr. Speaker?
JOE STRAUS: Mr. Legler, for what purpose?
REPRESENTATIVE KEN LEGLER: Could you put our remarks -- could you have them put in writing and entered in the journal?
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE KEN LEGLER: Thank you. Good bill.
REPRESENTATIVE EDDIE LUCIO III: Thank you. REPRESENTATIVE LINDA HARPER-BROWN: Mr. Sp eaker?
JOE STRAUS: Ms. Harper-Brown, for what purpose? REPRESENTATIVE LINDA HARPER-BROWN: Will the gentleman yield for a question?
JOE STRAUS: Mr. Lucio, do you yield?
REPRESENTATIVE EDDIE LUCIO III: I'd love to yield to my friend. REPRESENTATIVE LINDA HARPER-BROWN: Thank you. I understand by reading some of the information that I found on this bill that the manufacturer, most manufacturers or I think all manufactures now require that it be sent back yearly, or every other year, for reconditioning. So that's something the schools are already doing, at least from what I understand.
REPRESENTATIVE EDDIE LUCIO III: Right. And, again, the varsity teams, most likely, are taken care of what. Happens is the varsity team says okay, we want new helmets. We've used these for four years. They pass it down to the J.V. J.V. uses it for four years. Then they pass it down to the freshmen and then to the Junior High teams. So our youngest students, who are barely learning to play the game and who are most susceptible to injury, are the ones that have our poorest equipment. REPRESENTATIVE LINDA HARPER-BROWN: But there shouldn't be any cost to the school district because most of the manufactures are doing this?
REPRESENTATIVE EDDIE LUCIO III: Absolutely . That's correct. As part of their warranty -- And, of course, it's a competitive market so they want their warranty to be as long as lasting as possible, so most of them are doing this. That's correct. REPRESENTATIVE LINDA HARPER-BROWN: All right. The second question that I have then is about the notification to parents.
REPRESENTATIVE EDDIE LUCIO III: Right. REPRESENTATIVE LINDA HARPER-BROWN: The way I read the bill, the notification to parents would be to every parent in the school; not just those involved in the football program?
REPRESENTATIVE EDDIE LUCIO III: If they request it. REPRESENTATIVE LINDA HARPER-BROWN: If they request?
REPRESENTATIVE EDDIE LUCIO III: If they request. REPRESENTATIVE LINDA HARPER-BROWN: All right. Thank you so much.
REPRESENTATIVE EDDIE LUCIO III: Yes, ma'am. Move passage.
JOE STRAUS: Anyone wish to speak for or against House Bill 675? The question occurs on passage to engrossment of House Bill 675. All those in favor say aye. Mr. Keffer, for what purpose?
REPRESENTATIVE JAMES L. KEFFER: I think Mr. Lucio should put it on. We want to see what it looks like. Your hair won't get messed up. It's all right.
JOE STRAUS: All those in favor say aye. All those opposed say nay. Ayes have it. So 675 is passed to engrossment. House lays out -- Chair lays out second reading House Bill 690.
CLERK: HB690 by Martinez Fischer. Relating to the punishment for the offense of graffiti.
JOE STRAUS: Chair recognizes Mr. Martinez Fischer.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you Mr. Speaker and members, this is a bill that would make it a state jail felony if there is ever a graffiti placed on a historical structure. And I have a perfecting amendment that defines that.
JOE STRAUS: Following amendment, the clerk will read the amendment.
CLERK: Amendment by Martinez Fischer.
JOE STRAUS: Chair recognizes Representative Martinez Fischer.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you, Mr. Speaker. Members, this is an amendment that actually limits the scope of what is truly historical structure. There was a discussion in committee that almost everything these days can be considered historic. This makes it very clear that it has to be publicly owned, registered as a Texas Historic -- as a landmark or designated as a state archaeological landmark. It is acceptable to the author.
JOE STRAUS: Members, Mr. Martinez Fischer sends up an amendment. The amendment is acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Members, there is another amendment being scanned.
CLERK: Amendment by Farias.
JOE STRAUS: Chair recognizes Representative Farias.
REPRESENTATIVE JOE FARIAS: Mr. Speaker, members, all my amendment does is it holds the parents or guardian accountable for their children that are out there putting all this graffiti on our buildings and homes. And so we feel that the parents should be accountable for their children, for what they're doing out there. So that's all it does.
JOE STRAUS: Members, Mr. Farias sends up an amendment acceptable to the author. Is there objection? Chair hears none. Amendment is adopted. Chair recognizes Representative Martinez Fischer to close.
REPRESENTATIVE TREY MARTINEZ FISCHER: Tha nk you, Mr. Speaker. Members, I move passage to engrossment.
JOE STRAUS: Anyone wishing to speak for or against House Bill 690? Question occurs on passage to engrossment of House Bill 690. All those in favor say aye. Those opposed nay. The ayes have it. House Bill 690 passes to engrossment. Chair lays out on second reading House Bill 755. The clerk will read the bill.
CLERK: HB755 by Cook. Relating to eligibility of certain dependents for coverage under the state employees group benefit program.
JOE STRAUS: Chair recognizes Representative Cook.
REPRESENTATIVE BYRON COOK: Thank you Mr. Speaker. Members, this bill changes the meaning of dependent, allowing individuals over 25 to enroll in ERS as a dependent if they enrolled as a dependent under another of the state group benefits. And I move passage.
JOE STRAUS: Anyone wish to speak for or against House Bill 755? The question occurs on passage to engrossment of House Bill 755. All those in favor say aye. Those opposed say nay. The ayes have it. House Bill 755 is passed to engrossment. Excuse Representative Woolley because of personal business in her district, on the motion of Representative Kleinschmidt. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 849. The clerk will read the bill.
CLERK: HB849 by Miller. Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial deposit well; creating an offense.
JOE STRAUS: Chair recognizes Representative Miller.
REPRESENTATIVE SID MILLER: Mr. Speaker and members, this is a bill similar to the one Creighton had where he requires them to notify with the water conservation district. This goes a little further, it requires notification of any adjacent properties, tenants of those properties, the commissioner's court and the ground water conservation district. It also requires them to print in a paper of general circulation in the county. Right now that is not happening, and I believe it would greatly improve the notification process for these commercial disposal wells that are going in.
JOE STRAUS: Mr. Rodriguez, for what purpose?
REPRESENTATIVE EDDIE RODRIGUEZ: Would the gentleman yield for a question, please?
JOE STRAUS: Mr. Miller, do you yield?
REPRESENTATIVE SID MILLER: Yes, I yield.
JOE STRAUS: He yields.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Chairman. Mr. Speaker, if a property owner doesn't notify, as your bill -- Like currently, what is the law now? Is there a notification process today?
REPRESENTATIVE SID MILLER: Right now the notification process is that they must print notification in a newspaper, it doesn't have to be the paper close to circulation, we are trying to improve that. Also, it requires them to notify any adjoining landowners.
REPRESENTATIVE EDDIE RODRIGUEZ: I think -- I want to -- I think this is probably definitely an improvement in terms of what we have now, in terms of identifying beyond that newspaper. What I'm curious about, though, in reading the bill; if a appropriate owner fails to notify, it doesn't seem like there's any kind of penalty or any kind of --
REPRESENTATIVE SID MILLER: There is not. We require -- the property owners is now once removed from the notification process. So the people putting in the disposal well wouldn't have any control over that but. We do require the landowner to notify any tenants on their property. But if they fail to do so, it wouldn't be cause for revocation of the permit.
REPRESENTATIVE EDDIE RODRIGUEZ: Let me -- So, I guess -- So the incentive for me is -- Is there an incentive for me to actually notify? If I don't notify, there isn't anything that is going to happen to me, is that right?
REPRESENTATIVE SID MILLER: Well, you would have obvious cause of action. If you didn't receive that notice you could file suit against the landowner.
REPRESENTATIVE EDDIE RODRIGUEZ: There would be -- lawsuit would be the thing?
REPRESENTATIVE SID MILLER: Yes, sir, absolutely.
REPRESENTATIVE EDDIE RODRIGUEZ: Well, I think the bill -- I understand what you're trying to do and I think that it's an improvement, and I would love if you would take an amendment that would allow a little bit more teeth on this; would you be open to something like that?
REPRESENTATIVE SID MILLER: We actually had that in the bill earlier, but we worked with all parties and we came together and we compromised with oil and gas industry, for the landowners, from the cities, from the ground water districts; we worked with on this. This is actually the second session, so we do have an agreed upon bill, and I would like to keep it clean.
REPRESENTATIVE EDDIE RODRIGUEZ: Well, I think it's a good first step. I certainly think we could do a little bit better, but thank you very much, Mr. Speaker.
REPRESENTATIVE SID MILLER: Thank you. Move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 849? Question occurs on passage and engrossment of House Bill 849. All those in favor say aye. All those opposed say nay. House Bill 849 passes to engrossment. Chair lays out House Bill 942. Clerk will read the bill.
CLERK: HB942 by Dukes, relating to an exemption for school districts from security for court costs and appeal bond.
JOE STRAUS: Chair recognizes Representative Dukes.
REPRESENTATIVE DAWNNA DUKES: Thank you Mr. Speaker and members. This bill gives school districts the same standing as other governmental agencies with their court bonds. I move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 942? Question occurs on passage to engrossment of House Bill 942. All those in favor say aye. All those oppose say nay. All those in favor have it. House Bill 942 is passed to engrossment. Chair lays out on second reading House Bill 989. Clerk will read the bill.
CLERK: HB989 by Kolkhorst. Relating to listing of a business location of certain businesses in print advertisements or on internet websites.
JOE STRAUS: Chair recognizes Representative Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you Mr. Speaker and members. House bill 989 will add internet websites or print advertisements to the businesses listing to wherein a person may not misrepresent the geographical location of a business selling flowers or floral arrangements; and by what standard the listing would be considered a misrepresentation. I move passage.
JOE STRAUS: Anyone wish to speak for or against House Bill 989? The question occurs on passage to engrossment of House Bill 989. All those in favor say aye. All those opposed say nay. Those in favor have it. House Bill 989 is passed to engrossment. Chair lays out on second reading House Bill 1210. Clerk will read the bill.
CLERK: HB1210 by Taylor of Galveston, Relating to the rates charged by certain conservation and reclamation districts for potable water or wastewater service to recreational vehicle parks.
JOE STRAUS: Chair recognizes Representative Taylor.
REPRESENTATIVE LARRY TAYLOR: Thank you Mr. Speaker and members, I move to postpone House Bill 1210 until April the 11th at 10:00 a.m. The Senate Bill is over ineligible. Thank you.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading House Bill 1300. Clerk will read the bill.
CLERK: HB1300 by Guillen, relating to funding of state sites through private contributions and partnerships and to commercial advertising on certain state sites.
JOE STRAUS: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, house Bill 1300 creates new funding sources for our state parks and programs under the management of Texas Parks and Wildlife. The new funding sources include opportunities to create corporate sponsors and partnerships to help conduct joint promotional campaigns, or other fund raising efforts and to leverage the Texas Parks and Wildlife brand in exchange for licensing fees. This bill also allows Texas Parks and Wildlife to contract with entity to sell state park passes, and that entity's retail locations. It also allows the Parks and Wildlife Commission to limit commercial advertising to preserve the integrity of the sites, and to minimize distractions for visitors. All dollars raised by these means may be used only for site programs, projects, operations and maintenance. I move passage.
JOE STRAUS: Anyone wish to speak for or against House Bill 1300? Question occurs on passage and engrossment of House Bill 1300. All those in favor say aye. all those opposed say nay. Ayes have it. House Bill 1300 is passed to engrossment. Chair lays out on second reading House Bill 1405. The clerk will read the bill.
CLERK: HB1405 by Smithee, relating to provision by a health benefit plan of prescription drug coverage specified by a formulary.
JOE STRAUS: Chair recognizes Mr. Smithee.
REPRESENTATIVE JOHN SMITHEE: Mr. Speaker and members, this is a bill that requires health plans to -- once someone buys a health policy for the year, that the formulary rates for prescription drugs will stay in effect for that entire policy period. This is very important to people with chronic diseases like MS, because they are very dependent on these drugs and prescription in how they plan their finances. And it's basically holding these contracts together for the full year, so that they are contracted for. I want to thank the MS Society, which brought this up. They have been very active in trying to chip away at these areas where we have some unfairness in our health plans, and to try to resolve those issues so that we can serve our people better, particularly the people that have these chronic problems. So I would move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 1405? The following amendment, the clerk will read the amendment.
CLERK: Amendment by Smithee.
JOE STRAUS: Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN SMITHEE: Mr. Speaker, members; this is just an amendment that clarifies what we believe the intent of the bill already was, and that was to make sure that this doesn't apply to Medicaid and to the state type plans. So I don't think there's any problem with that because that's the intent of the bill.
JOE STRAUS: Mr. Smithee sends up the amendment. The amendment is acceptable to author. Is there objection? Chair hears none. Amendment is adopted. Chair recognizes Representative Smithee.
REPRESENTATIVE JOHN SMITHEE: I move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 1405? Question occurs on passage to engrossment of House Bill 1405. All those in favor say aye. All those opposed say nay. Ayes have it. House Bill 1405 is passed to engrossment. Chair lays out in second reading House Bill 1732. The clerk will read the bill.
CLERK: HB1732 by Ritter. Relating to the applicability of the constitutional limit on state debt payable from the general revenues of the state to bonds issued by the Texas Water Development Board.
JOE STRAUS: Chair recognizes Representative Ritter.
REPRESENTATIVE ALLAN RITTER: Thank you Mr. Speaker. Members, House Bill 1732 provides clarification on water development board bonding that it does not count against the constitutional debt limit. Move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 1732? Question occurs on passage to engrossment of House Bill 1732. All those in favor say aye. All those opposed say nay. Ayes have it. House Bill 1732 is passed to engrossment. Chair lays out on second reading House Bill 1970. Clerk will read the bill.
CLERK: HB1970 by Jackson, relating to the periodic review of the child support guidelines.
JOE STRAUS: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM JACKSON: Mr. Speaker, I move to postpone House Bill 1970 until a time certain, being Tuesday April the 12th, 2011, at 10:00 a.m.; to wait for the Senate Bill.
JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out on second reading 2124.
CLERK: HB2124 by Workman. Relating to victim notification regarding the release of a defendant who was acquitted by reason of insanity in a criminal case.
JOE STRAUS: Mr. Speaker, members, the Chair recognizes for his first bill Representative Workman.
REPRESENTATIVE PAUL WORKMAN: Mr. Speaker, members, House Bill 2124 returns the responsibility of victim notification to local authorities when a person is acquitted by reason of insanity. I believe there's an amendment.
REPRESENTATIVE RICK HARDCASTLE: Go ahead.
JOE STRAUS: The following amendment, the clerk will read the amendment.
CLERK: Amendment by Howard of Travis.
JOE STRAUS: Chair recognizes Representative Howard.
REPRESENTATIVE DONNA HOWARD: Thank you Mr. Speaker, members; you know this maybe his first bill and he is a freshman, but he is at least smart enough to know that his senior member from Travis county may have some improvement to his bill. I notice he has to have a lot of people up here to help him get this through. Anyway, this amendment will merely streamline the process for victim notification even further, and place the responsibility with the Clerk of the Court. I believe it is acceptable to the author.
JOE STRAUS: Representative Howard sends up an amendment. The amendment is acceptable to the author. Is there an objection? Chair hears none. The amendment is adopted. Chair recognizes Representative Workman.
REPRESENTATIVE PAUL WORKMAN: Thank you.
JOE STRAUS: Representative Hardcastle, for what purpose?
REPRESENTATIVE RICK HARDCASTLE: Would the gentleman and his class yield for a question?
JOE STRAUS: Mr. Workman, do you yield.
REPRESENTATIVE PAUL WORKMAN: Yes, we will be happy to.
JOE STRAUS: Gentleman yields.
REPRESENTATIVE PAUL WORKMAN: Wait a minute, I got to zip up my fly.
REPRESENTATIVE RICK HARDCASTLE: What you amend this to do?
REPRESENTATIVE PAUL WORKMAN: What did I amend? I didn't --
REPRESENTATIVE RICK HARDCASTLE: What did she amend it to do?
REPRESENTATIVE PAUL WORKMAN: To change the victim notification from the facility that houses the inmate to the local county clerk.
REPRESENTATIVE RICK HARDCASTLE: So it's going to cost the state money?
REPRESENTATIVE PAUL WORKMAN: No, it's not going to cost the state money.
REPRESENTATIVE RICK HARDCASTLE: And now my real question would be does it take all forty-seven of y'all to make one bill pass?
REPRESENTATIVE PAUL WORKMAN: Mr. Speaker, I request an interpreter for Representative Hardcastle.
REPRESENTATIVE RICK HARDCASTLE: Mr. Speak er.
REPRESENTATIVE PAUL WORKMAN: I'm sorry, I didn't understand you.
REPRESENTATIVE RICK HARDCASTLE: Mr. Speak er, I raise a point of order against further consideration because he's a freshman.
REPRESENTATIVE JOHN OTTO: Mr. Speaker?
JOE STRAUS: Representative Otto, for what purpose?
REPRESENTATIVE JOHN OTTO: Would the gentleman yield?
REPRESENTATIVE PAUL WORKMAN: I'm afraid I have to, don't I?
REPRESENTATIVE KEN LEGLER: No, you don't have to.
REPRESENTATIVE PAUL WORKMAN: Well, yes I do.
REPRESENTATIVE JOHN OTTO: I was talking to the speaker at first, though. Let me ask you a question. You're simply changing the notification requirement to where, the county clerk?
REPRESENTATIVE PAUL WORKMAN: Currently what happens on a victim who is acquitted by reason of insanity, the information is sent to the Texas Department of Criminal Justice, who has no involvement at all in this. And what this simply does is put it back with the County Clerk who is the one who has been dealing with the convicted person and the one who has now has been acquitted, to let them notify the victim.
REPRESENTATIVE JOHN OTTO: With such a simple bill, why didn't you send this to Local and Consent?
REPRESENTATIVE PAUL WORKMAN: Because my chairman wouldn't let me.
REPRESENTATIVE JOHN OTTO: It was not unanimous, coming out of the committee?
REPRESENTATIVE PAUL WORKMAN: Yes, it was, sir. But Mr. Chairman Madden wanted it on the journal calendar.
REPRESENTATIVE JOHN OTTO: Probably so we could harass you.
REPRESENTATIVE PAUL WORKMAN: Probably.
JOE STRAUS: Representative Button, for what purpose?
REPRESENTATIVE ANGIE CHEN BUTTON: For a question.
JOE STRAUS: Mr. Workman, do you yield?
REPRESENTATIVE PAUL WORKMAN: I yield.
REPRESENTATIVE ANGIE CHEN BUTTON: Represe ntative Workman, I just want to make sure that you don't need my translation for Representative Hardcastle's statements.
REPRESENTATIVE PAUL WORKMAN: If you will please speak slowly I think I can get it.
REPRESENTATIVE ANGIE CHEN BUTTON: Okay. Thank you.
REPRESENTATIVE PAUL WORKMAN: Move passage.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker , would the gentleman yield?
JOE STRAUS: Representative Chisum, for what purpose?
REPRESENTATIVE WARREN CHISUM: Would the gentleman yield?
JOE STRAUS: Mr. Workman, do you yield?
REPRESENTATIVE PAUL WORKMAN: Yes, sir.
REPRESENTATIVE WARREN CHISUM: What are we going to do if somebody escapes? Just forget about it?
REPRESENTATIVE PAUL WORKMAN: Well, they've been acquitted by reason of insanity.
REPRESENTATIVE WARREN CHISUM: But if they just escape they won't need to be acquitted, right?
REPRESENTATIVE PAUL WORKMAN: That would be true.
REPRESENTATIVE WARREN CHISUM: So what we going to do now?
REPRESENTATIVE PAUL WORKMAN: You don't need to know. Move passage.
JOE STRAUS: Is there anyone wishing to speak for or against House Bill 2124? If not, the question occurs on passage to engrossment of House Bill 2124. All those in favor aye. All those opposed nay. Ayes have it. House Bill 2124 is passed to engrossment. Chair lays out second reading House Bill 2154. The clerk will read the bill.
CLERK: HB2154 by Eiland. Relating to certain continuing education requirements for agents who sell Medicare related products and annuities.
JOE STRAUS: Chair recognizes Representative Eiland.
REPRESENTATIVE CRAIG EILAND: Mr. Speaker, members, this is a bill that we passed last session. It's a clean up of language. Last session we instituted some continuing education requirements for people selling annuities, and we made a mistake in the legislation. Which agents that have twenty years or greater were not exempt. And also most of the insurance continuing education and the insurance code is done on a two-year basis. And in this particular one section we made it a one-year basis, so we are going to correct that with this bill, be made consistent and also exempt those who have a license for twenty years. As in another place that's in the code. And I have an amendment that speaks for another thing.
JOE STRAUS: Is there anyone wishing to speak for or against House Bill -- Following amendment. The clerk will read the amendment.
CLERK: Amendment by Eiland.
JOE STRAUS: Chair recognizes Representative Eiland.
REPRESENTATIVE CRAIG EILAND: Originally, the last session, it said you must get continuing education of four hours every year. And we're moving that eight hours every two years. So we didn't pick up the fourth, but now we picked up the fourth. So now it's eight hours every two years and consistent. So move adoption and then move passage.
JOE STRAUS: Mr. Eiland sends up an amendment. Amendment is acceptable to the author. Is there any objection? Chair hears none. Amendment is adopted. Chair recognizes Representative Eiland.
REPRESENTATIVE CRAIG EILAND: Move passage.
JOE STRAUS: Anyone wishing to speak for or against House Bill 2154? The question occurs on passage to engrossment, House Bill 2154. All those in favor say aye. All those opposed say nay. The ayes have it. House Bill 2154 is passed to engrossment. Chair lays out HCR68. Clerk will read the resolution.
CLERK: HCR68 by Hunter. Requesting the Lieutenant Governor and the Speaker of the House of Representatives to create a joint interim committee to study human trafficking in Texas.
JOE STRAUS: Chair recognizes Representative Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, this is to focus on human trafficking. And I want to thank Chairman Thompson for everything she has done on this issue. We also have Representative Martinez Fischer who has been involved, Representative Jackson who has been involved; I know that Representative Lucio raises an issue that needs to be placed on the forefront and to stop it. So I move passage.
JOE STRAUS: Anyone wishing to speak for or against HCR68? Members, this is a record vote. Clerk will ring the bell. Have all voted? Being 146 ayes, zero nays, HCR68 passed to engrossment. Members, if you have any announcements bring them down front. Mr. Coleman? Following announcements. Clerk will read the announcement.
CLERK: The Committee on Calendars will meet upon final adjournment today, April 5th, 2011, at 1W.14 in the Agriculture Museum. This will be a formal meeting to set up calendar. The Committee on Licensing and Administrative Procedures will meet upon adjournment today April, 5th, 2011, at desk 122 on the House floor. This will be a formal meeting to consider pending business. The Committee on State Affairs will meet upon final adjournment on April 5th, 2011, at 3W.15. This will be a formal meeting to consider pending business and SB312. Following announcements, clerk read the announcements.
CLERK: The Committee on County Affairs will meet upon final adjournment on April 5th, 2011, at 3W.9. This will be a formal meeting to consider pending items.
JOE STRAUS: Following: Corrections and reading of referrals.
CLERK: Pursuant to Rule 1, Section 4, the chair corrects the referrals of the following bills and resolutions: HB1423 by Garza. Relating to restrictions of written information required to be provided by public school teachers and a study by the commissioner of education concerning implementation of the restrictions. From Public Education to Government Efficiency and Reform. HB2010 by Smithee. Relating to indemnification provisions in construction contracts. From Judiciary and Civil Jurisprudence to Insurance. HB3244 by Elkins. Relating to shareholder standing after mergers. From Investments and Financial Services to Business and Industry. HB2347 by Elkins. Relating to the board of directors of the Texas Mutual Insurance Company. From Insurance to State Affairs. SB361 by Duncan. Relating to indemnification provisions in construction contracts. From Judiciary and Civil Jurisprudence to Insurance.
JOE STRAUS: Are there any further announcements? If not, Representative Rodriguez moves that the House stands adjourned until 10:00 a.m. tomorrow in memory of Bettina* Farrar.
(The House stands adjourned.)
