THE CHAIR: House will come to order. Members. Please register. Have all registered? Quorum is present. House will come to order. Chair recognizes Representative Elkins to introduce the pastor of the day. Chair recognizes Representative Pitts as well.
REPRESENTATIVE GARY ELKINS: Thank you Mr. Speaker and members. Today we have with us, actually one of Jim's constituents, President Kermit Bridges, who is the President of the Southwestern Assemblies of God University in Waxahachie, Texas. And the reason I'm doing the introduction is I'm an alumni of Southwestern and also on the board of regents. So it's my privilege today -- I'm going to let Jim say some words, because Jim has known Kermit since he was a little child, and then he'll say the prayer.
THE CHAIR: Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Thank you, Mr. Speaker, members. Yes, I have known Kermit since he was a very little boy growing up in Waxahachie, and his father was one of my best friends. When I first moved to Waxahachie he was the president of the Lions Club and kind of gave me the initiation of the Lions Club, so it's very special for me to have Kermit here to lead us in the prayer. He is the president of the university, following in his father's footsteps as president of the university, about three blocks from my house in Waxahachie. So thank you, Kermit, and his beautiful family is with us today. Pastor: Let us pray. Our Heavenly Father, your word instructs us to offer prayers of intersession and thanksgiving for those in authority, so it is my privilege to pray for the membership of the Texas House of Representatives. Thank you for each member who has stopped and embraced the responsibility to serve the people of this state and act as careful stewards over its resources. May they continually pray the prayer of
(inaudible) give me wisdom and knowledge that I may lead these people, and may they in turn be granted divine help to legislate fairly and faithfully, because your word declares that in so doing they will have favor and a good name in the sight of God and man. As the final decisions in this legislative session are made, may the membership of this house have an understanding of the times in which we live so that they know what Texas should do. I ask that you would bless each member and their families and grant them good health. May this be a productive day of legislative work. In the name of your son and our savior, Jesus Christ, we pray. Amen.
THE CHAIR: Chair recognizes Representative Price to lead us in the pledge of allegiance.
REPRESENTATIVE WALTER PRICE: Thank you, Mr. Speaker. Members, guests in the gallery, please join me as we recite pledges to the United States flag and the state flag. [PLEDGE]
THE CHAIR: Chair recognizes Representative Howard to introduce the doctor of the day.
REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker. Members, you know, we are so fortunate here in the state, in our Capitol, to have the health care that we have, the health insurance program we have. The quality health care, primary care that we get, every day, from advanced practitioners on whom we all rely upon to keep us healthy and well while we are here. But we are all so fortunate to have family practice physicians volunteer their time when we are here at the Capitol to come and provide medical care to us while we are here. And today we are even (inaudible) so we can all say I feel good. Please welcome him.
THE CHAIR: Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider HR 1680 honoring Lazaro Gallardo, Jr., county constable, on being named 2010 Constable of the Year by the National Constable's Association.
THE CHAIR: Any objection to the suspension of the rules? Chair hears none. So ordered. Chair lays out the following resolution. The clerk will read the resolution.
THE CLERK: HR 1680 by Munoz. WHEREAS, Lazaro Gallardo, Jr., Precinct 3 constable of Hidalgo County, was named the 2010 Constable of the Year by the National Constables Association; and WHEREAS, First elected in 2001, Larry Gallardo has increased his staff from 5 to 18 deputies in order to take on challenges faced by the county and its residents and to make a difference in their lives; while maintaining the constable's traditional duties, he has also solicited grants to tackle such issues as truancy and drug trafficking; and WHEREAS, One of Mr. Gallardo's most notable initiatives is a solid waste enforcement division that has been a model for other county precincts and has been recognized by the Texas Commission on Environmental Quality; in addition, his office has helped with traffic control and evacuations of homes related to wildfires; and WHEREAS, Mr. Gallardo is the immediate past president of the Justices of the Peace and Constables Association of Texas and currently serves on its legislative and education committees playing a leading role in advocating for increased qualifications and training for constables and deputies; he was previously named the state's 2007 constable of the year; and WHEREAS, An exemplary peace officer and elected official Larry Gallardo has demonstrated an outstanding commitment to his community, and he is indeed deserving of recognition; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate Larry Gallardo, Jr., on his selection as the 2010 Constable of the Year by the National constables Association and extend to him sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Gallardo as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Gonzales from Hidalgo moves to add all members' names to the resolution. Is there any objection? Chair hears none. Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: Thank you, Mr. Speaker and members. Please help me welcome Constable Larry Gallardo and his family. It is an honor to present to you, Mr. Gallardo and his family who is joining me on the dais today. He is was first elected in 2001 and has made groundbreaking efforts in improvement in the county, which he serves by taking innovative measures that have been nationally recognized. Constable Gallardo has initiated programs that have been reproduced by other county precincts, has solicited grants and battled truancy in local schools, drug trafficking, and maintains the more traditional roles of a constable. He is also the immediate past president of the Justice of the Peace and Constable Association of Texas. Constable Gallardo's efforts reflect service of the highest quality, and demonstrate the positive impact that constables may serve on behalf of their communities. It is for his tireless efforts that he has been named Constable of the Year by the National Constable's Association, and it is with great pleasure that I am able to present him before the Texas House. On the dais we have Constable Gallardo and his mother, Anna Gallardo, and Mark Gallardo who is
(inaudible). So please help me welcome them to the Capitol and also thanking them for their service.
THE CHAIR: Chair recognizes Representative Gonzales of Hidalgo.
REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker and members. You know, we -- as public servants we always want to do the right things and please our constituents, and many times we're not able to do that, but we do the best we can. But I can say that Constable Larry Gallardo is a true public servant that he has the respect and the public trust of all the people there in Hidalgo county, and we're very happy to have him here today, and we are very proud that he's being recognized nationally. So thank you for welcoming them, and we want to continue to have good public servants like that in our State of Texas.
THE CHAIR: Chair recognizes Representative Alonzo for a motion.
REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Speaker. Members, as we wind down, I have an important resolution: House Resolution 2523. I move to suspend all necessary rules to take up and consider House Resolution 2523.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. The following resolution. Clerk will read the resolution.
THE CLERK: HR 2523 by Alonzo. Congratulating Tom Bohanan for his many years of service to Troop No. 8 of the Circle Ten Council of the Boy Scouts of America.
THE CHAIR: Chair recognizes Representative Alonzo.
REPRESENTATIVE ROBERTO ALONZO: Members, I'm going to ask that we approve this resolution, then I'm going to recognize Mr. Tom Bohanan. So I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Kuempel and Representative Geren move that all members' names be added to the resolution. Chair recognizes Representative Alonzo.
REPRESENTATIVE ROBERTO ALONZO: Thank you, Mr. Speaker, members. On the southeast of the gallery, please help me welcome a gentleman who you can see he's got his boy scouts (inaudible). The reason we're horning Mr. Tom Bohanan today is because he has been half of his life with the members of Troop No. 8 in Oakland, Texas, the best part of Texas. He has been the scoutmaster for 51 years. He has also held (inaudible) of scoutmaster and Round Table commissioner. He has helped efforts to mentor many kids as the productive citizens and a number have gone on to become outstanding community leaders in their own right. His commitment, leadership and enthusiasm, demonstrated by Tom Bohanan have made positive difference in the lives of countless Texans throughout the years, and he is indeed deserving of recognition for his many contributions. That's why today, Mr. Bohanan, our legislature honors you for a half century of service to Troop No. 408 of Circle Ten Counsel of the Boy Scouts of America, and we will extend to you sincere best wishes for your continued happiness. Mr. Bohanan, as we were visiting a few minutes ago you told me how the Boy Scouts of America are good apple pie and wholesomeness. Sir, we want to thank you for all your work. And, on behalf of the Texas House of Representatives, we welcome you into your house. Members, please help me recognize Mr. Tom Bohanan from Oakland, Texas, the best part of Texas. Thank you, Mr. Bohanan.
THE CHAIR: Please excuse Representative Farias for important business in the district, on the motion of Representative Raymond. Any objection? So ordered. Members, this is a memorial resolution. Will you please take your seats and take conversations outside of the rail? Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: Thank you, Mr. Speaker. I move to suspend all necessary rules to take up and consider HR 1959 in memory of Eduardo Lee Vela.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following resolution, the clerk will read the resolution.
THE CLERK: HR 1959 by Munoz. WHEREAS, The untimely death of Eduardo Lee Vela of Mission on October 29, 2010, at the age of 33, brought a great loss to his Family, his friends, and his colleagues in the United States Border Patrol; and WHEREAS, Born on October 27, 1977, Eddie Vela was the son of Eduardo Vela and Maria Elena Vela; he graduated from Mission High School and attended Southwest Texas State University; on December 26, 2008, he joined the border patrol, and he demonstrated exceptional dedication as a member of the intelligence department at the Rio Grande City station; and WHEREAS, Mr. Vela continued to perform his duties as a border patrol agent after receiving a cancer diagnosis in 2009, and he attended daily musters with steadfast resolve while battling the disease; moreover, he established the Faith Family Friends Foundation to benefit customs and border patrol agents and others in the Rio Grande Valley with serious illnesses; and WHEREAS, Witty and quick to smile, Mr. Vela brought joy to innumerable people, and he set an inspiring example through his commitment to helping others; a devoted husband, father, and son he gave strength to his loved ones by sharing his great faith; and WHEREAS, Although Eddie Vela is deeply missed, his contributions will continue to resonate in the years to come, and those who were privileged to share in the richness of his life will forever treasure their memories of time spent in his company; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the life of Eduardo Lee Vela and extend sincere sympathy to the members of his family: to his wife Brandy Graham Vela; to his son, Jordan Lee Vela; to his parents Eduardo and Maria Elena Vela; to his grandparents, Maria Ramos and Carlos and Maria Estella Vela; to his sister, Lizette Vela; to his nephews, Tyler Lee Vela and Austin Edward Duncan; to his in-laws Ted and Carolyn Graham and Keesha Burse and her husband, Carl; and to his many other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives adjourns this day, it do so in memory of Eddie Vela.
THE CHAIR: The Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: I move adoption.
THE CHAIR: Members, this is a memorial resolution. All those in favor please rise. The resolution is unanimously adopted. Representative Gonzales of Hidalgo moves to add all members' names to the resolution. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Munoz.
REPRESENTATIVE SERGIO MUNOZ: Thank you, Mr. Speaker. Border Patrol Agent (inaudible) Eduardo Eddie Vela, Mission, Texas. It was an honor to have
(inaudible) here with us today and (inaudible) Eddie Vela, which was on the border patrol in 2008 and was a dedicated members of the (inaudible) at the Rio Grande City (inaudible). He was known for his with and joy that he brought to those around him. In 2009 Eddy was diagnosed with cancer. Being a man of sincere merit he set out to establish the faith (inaudible) and border patrol agents and others in the Rio Grande Valley with serious illness. While battling his own disease, Eddie Vela showed true dedication to service by relentlessly attending
(inaudible) by continuing his role as a border patrol agent. It is a privilege to present the family of Eddie Vela here today. On the dais we have Brandy Vela, his wife. We also have his mom, Mary Vela (inaudible) and her daughter, which are family friends. And we also have my sister, (inaudible) which is one of their family friends as well. And also his cousin, Michael Swanson. So if you could just welcome them to the Capitol. And, you know, if you don't mind coming up here and just let them know that we're going to continue to have them in our prayers and continue to be there for them. And so thank you.
THE CHAIR: Members, this is a memorial resolution. Please take your seats and conversations outside of the rail. (Inaudible).
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider HR 1068.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. The resolution. Clerk will read the resolution.
THE CLERK: HR 1068 by Raymond. WHEREAS, A life made rich through meaningful service drew to a close when Barbara Ann Kazen of Laredo passed away on March 15 2011, at the age of 70; and WHEREAS, Born in Abilene on January 3, 1941, to James and Virginia Lee Sanders, Barbara Sanders was raised in Albany and Texarkana and attended Texas Christian University before transferring to The University of Texas at Austin; while there, she met George Kazen, and the two were married in Abilene on October 27 1961; and WHEREAS, After moving to Laredo, Mrs. Kazen studied journalism and communications at Laredo Junior College and later took courses in food and beverage management, becoming well known for her catering skills; she was a host, producer, and commentator for a television station in the 1970s, and then turned her attention to philanthropic and nonprofit activities; and WHEREAS, Mrs. Kazen was on the board of Bethany House, a local mission providing food and shelter to those in need, for more than 25 years, and she served as the organization's president from 1996 until her death; under her leadership, Bethany House received a grant of nearly $800,000 toward the forthcoming Center for Hope which will bring new housing units and expanded services; and WHEREAS, A member of the Laredo Federal Emergency Management Agency board of directors, Mrs. Kazen was also a founder and charter member of the Laredo Homeless Coalition and served on the boards of the United Way of Laredo and the Texas Homeless Network; she helped create the South Texas Food Bank's "Kids Cafes," which provide free meals and snacks to low-income children, and she further shared her time and talents with the Women's City Club, the Mercy Regional Medical Center Auxiliary, the local Rotary Club, and numerous other civic and arts associations; moreover, Mrs. Kazen participated in the Society of Martha Washington, and she enjoyed fellowship at the Blessed Sacrament Catholic Church, which she served as a lector and Eucharistic minister; in recognition of her contributions to the community, she received numerous awards and honors from organizations such as the Laredo Commission for Women, the League of United Latin American Citizens, the Catholic War Veterans, and the Laredo March of Dimes; and WHEREAS, In addition to her many endeavors, Mrs. Kazen supported her husband in his work as a federal judge, and their life together was enriched by their four children, George, John Elizabeth, and Gregory; and WHEREAS, Through her diligent and compassionate service in behalf of the homeless and those in need, Barbara Kazen changed many lives for the better, and she will be remembered with great admiration and affection by all who were privileged to know her; Now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby pay tribute to the life of Barbara Ann Kazen and extend sincere sympathy to the members of her family: to her husband, the Honorable George P. Kazen; to her children, George D. Kazen and his wife, Mary, John A. Kazen and his wife, Hayley Elizabeth A. Flores and her husband, Michael, and Gregory S. Kazen and his wife, Marcinda; to her brother, James Lee Sanders; to her sisters, Judith Compton and her husband, Edward, and Virginia Dotin And her husband, Larry; to her nine grandchildren; and to her other relatives and many friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas House of Representatives adjourns this day, it do so in memory of Barbara Kazen.
THE CHAIR: Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Move adoption.
THE CHAIR: Members, this is a memorial resolution. You've heard the motion. All in favor, please rise. The resolution is unanimously adopted. Representative Gonzales of Hidalgo moves to have all names added to the resolution. Chair recognizes Representative Raymond.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker, members. Members, I will never forget watching when president -- when George H.W. Bush was inaugurated as president, something that he said in that speech is something that I will always remember and I want to quote from that. He said: I have spoken of a thousand points of light, of all the community organizations that are spread like stars throughout the nation doing good. We will work hand in hand, encouraging, sometimes leading, sometimes being led, rewarding. I wanted to honor Barbara Kazen today because she is -- she surely was one of those thousand points of light that president -- of whom President Bush spoke of that day. Barbara Kazen didn't grow up in Laredo, but she met the love of her life just down at the street at the University of Texas, a Laredoan, and she moved to Laredo when they got married and became an integral part of that community. She was a wonderful lady, a wonderful, wonderful person who dedicated so much of her time, so much of her life helping those who needed help the most. The homeless. The homeless. She was married to a very prominent person, one of the most distinguished federal judges in this country. Yet whenever the two of them were anywhere, any of us who know anything about law have a respect for Judge Kazen, but it was always Barbara that was the shining light, it was always Barbara that was the star; because it was always Barbara that was talking to all of us in the community about trying to help those that needed help the most. And it was a great, great loss, not just in my view to Laredo and Texas, but to this country, that we lost -- that we would lose Barbara Kazen far too soon. She will be missed not only by her family and by friends, and those of us who knew her, but she will be missed by many of the thousands of people that she helped, who many who didn't even know her name. And I thank you, members, for allowing me to recognize her today. Judge Kazen, unfortunately, could not be here. It is difficult for him to travel. But I wanted to make sure that he knew that we in the House of Representatives so much appreciate what his wife did to make this state a better place. And to recognize his, children, their children: George, John, Elizabeth and Gregory. And today we're joined by, and the family's represented by George Kazen. So, members, thank you very much. And let us not forget about the thousand points of light throughout all of the communities in the State of Texas who have such an impact, the quiet people; as President Bush always said, the quiet people with the quiet voices that make such an impact. Thank you.
THE CHAIR: Members, this is a notice of introduction of privileged resolution, pursuant to House Rule 13, Section 9F. The chair announces the introduction of HR 2549 suspending the limitations on conferees for House Bill 37 -- Is Mr. Guillen on the floor of the House? Chair recognizes Representative Guillen for a motion.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up and consider House Concurrent Resolution 165 to honor the 2011 and 2012 State Artist Appointees.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read the resolution.
THE CLERK: HCR165 by Guillen. WHEREAS, The Texas Commission on the Arts has announced the 2011 and 2012 appointments for the positions of State Poet Laureate, State Musician, State Two-Dimensional Artist, and State Three-Dimensional Artist; and WHEREAS, Honorees are chosen for the exceptional quality of their work and for their outstanding commitment to the arts in Texas; nominees must either be native Texans or have resided in the state for at least five years; in addition, they must have received critical recognition from state, regional, and national publications, and they must have attained the highest levels of excellence in their respective disciplines; and WHEREAS, David M. Parsons is the 2011 Texas State Poet Laureate; inducted into the Texas Institute of Letters in 2009, Mr. Parsons is the recipient of numerous awards, among them a National Endowment for the Humanities Dante Fellowship to the State University of New York and the French/American Legation Poetry Prize; he has published two collections of poems, and his work has appeared in numerous journals and magazines, including Gulf Coast the Texas Review, and Louisiana Literature; and WHEREAS, The 2011 Texas State Musician is singer-songwriter Lyle Lovett, who has blurred genre boundaries over the course of 14 albums that deftly combine elements of country, swing, jazz, folk gospel, and blues; a four-time Grammy Award winner, Mr. Lovett has logged significant time at the top of the Billboard charts; he has branched successfully into acting as well, appearing in 13 feature films, including several noteworthy Robert Altman pictures, and he is active in many philanthropic causes; and WHEREAS, Melissa W. Miller has been selected as the 2011 Texas State Two-Dimensional Artist; acclaimed for her bold imaginative, allegorical paintings of animals, she has pursued an iconoclastic path since the mid-1970s; her works have been exhibited at many major museums across the nation, including the Corcoran Museum in Washington, D.C., and the Brooklyn Museum of Fine Arts, and they have been featured in the Whitney and Venice Biennials; an associate professor of art at The University of Texas at Austin, Ms. Miller has also been a visiting lecturer and guest artist at more than 40 universities, colleges, and art Institutes; And WHEREAS, Corpus Christi native and Rockport resident Jesus Moroles is the 2011 Texas State Three-Dimensional Artist; more than 2,000 of his works have found a place in museums and corporate public, and private collections; his "Lapstrake," a massive 22-foot, 64-ton abstract sculpture, is located across from the Museum of Modern Art in New York, and his work was featured in the Landmark traveling exhibition Contemporary Hispanic Art in the United States; Mr. Moroles has also served on the board of the Smithsonian American Art Museum and received the 2008 National Medal of Arts; and WHEREAS, The 2012 Texas Poet Laureate is Jan Seale, the author of six poetry volumes and several books of short fiction and essays; her writing has appeared in Texas Monthly, The Yale Review and other periodicals, as well as numerous anthologies, and her work has been featured on National Public Radio; a popular presenter, she has given readings and workshops around the country and she is the recipient of a National Endowment for the Arts fellowship; and WHEREAS, Billy F Gibbons of ZZ Top fame has been selected as the 2012 Texas State Musician; a much-imitated guitarist, he is also the lead singer of the iconic band, which was inducted into the Rock and Roll Hall of Fame in 2004, and he wrote many of its Blockbuster hits; he has collaborated with a wide range of artists among them B. B. King, Queens of the Stone Age, Roky Erickson, and Les Paul; in addition, he is a car customizer and actor and plays a recurring role on the television series Bones as a fictionalized version of himself; and WHEREAS, The 2012 Texas State Two-Dimensional Artist is Karl Umlauf, who grew up in Austin; after completing his master of fine arts degree at Cornell University in 1963, he began teaching at the University of Pennsylvania, and his paintings were exhibited in a number of prominent East Coast galleries and museums; his long Career in higher education eventually brought him to East Texas State University and then Baylor University; he has won many prizes and purchase awards for reliefs in a variety of materials including fiberglass and cast paper; fascinated with geological substrata and archeological burial sites as well as salvage yards and abandoned industrial sites, he has concentrated on imaginative facades since 2000; and WHEREAS, Bill FitzGibbons has been selected as the 2012 Texas State Three-Dimensional Artist; a former Fulbright Scholar, he is known for large-scale light sculptures that transform building walls into elaborately programmed spectrums of constantly moving light; he has received more than 30 public art commissions in five countries; since 2002, he has served as the executive director of the Blue Star Contemporary Art Center in San Antonio, and he is a Member of the board of the International Sculpture Center; and WHEREAS, The men and women who have been selected to hold these prestigious posts for the next two years have all greatly contributed to the vibrant cultural life of the Lone Star State, and Texas is indeed fortunate to be home to these talented artists; now therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby honor the 2011 and 2012 appointees to the positions of State Poet Laureate, State Musician, State Two-Dimensional Artist, and State Three-Dimensional Artist and extend to each of them sincere best wishes for continued creativity and achievement.
THE CHAIR: Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So adopted. Chair recognizes Representative Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members. (Inaudible) recognize this group of talented individuals and modern them as official Texas State Artists today. Each state artist reflects the state's diversity and high quality, and must be native Texans or have resided in state for at least five years, and must have obtained the highest levels of excellence (inaudible) in their respective disciplines, and have received critical reviews in state, regional or national publicatons. Any Texas citizen is able to nominate an artist in any of the four categories: Of state poet laureate, state musician, state two dimensional artist and state three dimensional artist. The Texas Commission on the Arts then reviews all nominations and develops a list of finalists for submission to the Texas poet laureate state musician and state artist committee. The committee composed of members appointed by the governor and the lieutenant governor and house speaker make the final selection. The 2011 appointees are musician, Lyle Lovett of Klein. Poet Laureate David M. Parsons of Conroe. Two-dimensional artist, Melissa Miller of Austin and three-dimensional artist, Jesus Moroles of Rockport. The 2012 appointees are musician Billy S. Gibbons of Houston, from the band ZZ Top, his wife, Ellen Gibbons. Post Laureate Jan Seale of McAllen. Two-dimensional artist, Karl Umlauf of Waco, and three-dimensional artist, Bill FitzGibbons of San Antonio. Members, please join me in honoring these appointees for their many achievements and invaluable artistic contributions to our state.
THE CHAIR: Representative Hilderbran moves to add all members' names. Is there objection? Hearing none. So ordered. The Chair recognizes Representative Munoz for a recognition.
REPRESENTATIVE SERGIO MUNOZ: Thank you, Mr. Speaker. Members, if you can please help me -- join me. We have on the west side of the gallery, we have the Mariachi los Lobos Band of (inaudible) high school, which was the 2011 Class 5-A High School All State Mariachi winners, which they competed in San Antonio in January of this year. They are in the gallery here today, but they will also be playing in the rotunda at noon today. So if you can join me in stopping by and enjoy the music. If they could please stand? We have the director of Mariachi and all the students. Please help me welcome them to their Capitol. And also, once again, they're all going to playing at noon in the rotunda, so if you want to go join the music you're more than welcome to. Thank you.
THE CHAIR: Is Mr. Chisum on the floor of the House? There he is.
REPRESENTATIVE JOE DRIVER: Mr. Speaker?
THE CHAIR: Mr. Driver, for what purpose?
REPRESENTATIVE JOE DRIVER: I have a problem and I need some help solving it. Here in the back I was going through my desk and I know I remembered some things, and there's supposed to be a bible in my disk, and I know it was Delwyn Jones' desk before, and I'm trying to figure out if Delwyn accidently took my Bible from my desk or if he looked in there and because he served so long his name was the only one in the Bible and he felt like it was his. So I didn't know if you could help me out with any of that situation.
THE CHAIR: Chair is not advised, but the Chair does recognize Representative Chisum --
REPRESENTATIVE WARREN CHISUM: Thank you.
THE CHAIR: -- who may provide an answer.
REPRESENTATIVE WARREN CHISUM: Representat ive Driver, you are in good luck today. We have found a brand new, unopened bible with desk No. 36 on it. I am sure Delwyn Jones has never opened this thing, and it doesn't have Delwyn's name in it. So (inaudible) you have an untouched, brand new bible. Bless you, my child.
REPRESENTATIVE JOE DRIVER: Thank you.
REPRESENTATIVE WARREN CHISUM: And hopefully, if members remember that we can order these bibles with the state deal, your desk number, your district number, for yourself or any of your staff or anything you want to do, please contact my office; we will be more than happy to do that.
REPRESENTATIVE TRYON LEWIS: Mr. Speaker, would the gentleman yield for a question?
THE CHAIR: Representative Lewis, for what purpose?
REPRESENTATIVE TRYON LEWIS: Gentleman yield for a question?
THE CHAIR: Gentleman yields?
REPRESENTATIVE WARREN CHISUM: He does.
REPRESENTATIVE TRYON LEWIS: Representative Chisum, if you would, would you open that Bible and go to Genesis and see how many generations it gets before you get to Delwyn Jones' name? Thank you.
REPRESENTATIVE WARREN CHISUM: Seven generations.
REPRESENTATIVE JOE STRAUS: Members, we have a very important memorial resolution. Please take your seats. Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, I'd like to them suspend all necessary rules so the House may take up and consider HCR 126.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair lays out HCR 126. The clerk will read the resolution.
THE CLERK: HCR 126 by Thompson. WHEREAS, The people of Texas lost an exemplary public servant and a universally beloved member of the house of representatives with the passing of the Honorable Edmund Kuempel of Seguin on November 4, 2010, at the age of 67; and WHEREAS, Representative Kuempel was born in Austin on November 29, 1942, and graduated from Austin High School; after earning a degree in business from Texas Lutheran College in 1964, he went to work for Structural Metals, now CMC Steel Texas, in Seguin where he spent his entire career; and. WHEREAS, In 1982, Edmund Kuempel won the first of 15 consecutive terms in the house of representatives; enormously popular in his district, he frequently ran unopposed in the general election; at the statehouse, he quickly gained the respect of his colleagues, securing an appointment to the Ways and Means Committee during his freshman term and the Appropriations Committee during his second; at the time of his passing, he was the third most senior member of the house, chair of the Licensing and Administrative Procedures Committee, and a senior member of the Calendars and Culture, Recreation, and Tourism Committees; he had previously chaired the Committees on Retirement and Aging, State Recreational Resources, and House Administration; in the latter capacity, he helped to oversee extensive restoration of the Capitol and the construction of the underground Capitol Extension; and WHEREAS, A tireless champion of his constituents' interests Representative Kuempel also supported the development of the state's parks and recreation areas, played a vital role in shaping and passing environmental regulations, and was similarly instrumental in crafting and shepherding legislation relating to state, teacher, municipal, and county retirement funds; and WHEREAS, Throughout his 28 years in the house of representatives, Edmund Kuempel consistently reflected the greatest honor on that chamber; selfless, hardworking, and scrupulously honest, he also had a boundless capacity for friendship, one that was never constrained by differences of opinion or of party affiliation; Edmund Kuempel simply loved people, and he treated every single individual he encountered with unfailing graciousness and good cheer; his warm smile and jovial nature were legendary, as were his infinite kindness and generosity; those qualities engendered tremendous respect and affection and enabled him to build the kind of bridges between political camps that foster good governance; and. WHEREAS, Among the host of accolades bestowed on Representative Kuempel were the John Traeger Award from the Texas Municipal Retirement System, Man of the Year Award from the Texas County Agricultural Agents Association, Career Achievement Award and Legislative Leadership Award from the Texas Chamber of Commerce, and Leader of Excellence Award from the Free Market Committee; Texas Lutheran University conferred on him its Distinguished Service Award and inducted him into its Athletics Leadership Wall of Honor Class of 2009; and WHEREAS, This esteemed Texan remained deeply engaged in the life of his district, where his myriad activities included speaking at community functions and wielding the auctioneer's gavel at fund-raising events for worthy causes; together with his wife Roberta "Birdie" Blumberg Kuempel, he was an active and valued member of Faith Lutheran Church; and WHEREAS, Representative Edmund Kuempel was the genuine article, a gentleman and statesman in every sense of those words and his colleagues in the house of representatives will forever remember his joyous spirit and his unwavering devotion to the Lone Star State; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby pay tribute to the life of the Honorable Edmund Kuempel and extend sincere condolences to the members of his family: to his wife, Roberta "Birdie" Kuempel; to his daughter and son-in-law Margaret and Walter Brady; to his son and daughter-in-law, John and Michelle Kuempel; to his grandchildren, Rose Brady and Will and Sam Kuempel; to his father, Henry Kuempel; to his brother and sister-in-law, Robert and Jamie Kuempel; to his aunt, Marilyn Kuempel Smith; and to his many other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of the Honorable Edmund Kuempel.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, those of us who were privileged to serve with Edmund knew him as not as a republican, but just as a great Texan and a great American. All us loved him, and it was so difficult to not to like him. Each morning, when he would come by and he would kiss every woman on the floor of the House. And one morning he forgot that, and we all lined up over at his desk and I think Shelly, you may be sitting there, and we went over in a long line and we said Edmund, we are all angry with you this morning. And he said what did I do? And he fell on his knees. And I said you forgot to kiss us. He said oh, I can remember that. He is greatly missed, but he's certainly not forgotten. All of the wonderful things that he did for this great state and all the friendships he developed will long live for generations to come. For all the committee meetings that he held and the all the names he crucified when he tried -- when people came before him, no one ever forgot him, because he was such a joyful and such a wonderful person. We all miss him. But I thank God so much that he graced our lives with his presence. Mr. Speaker, I move for passage of this resolution.
REPRESENTATIVE JOE STRAUS: Representative Thompson moves passage of HCR 126. All those in favor, please rise. Resolution is unanimously adopted. Chair moves to add all members' names. Is there objection? Chair hears none. So ordered. Thank you to our friends from the Senate, the Lieutenant Governor, for joining us today. Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Mr. Speaker and members, I'm so glad to welcome the Kuempel family. I want to share with you briefly. On my very first day here, Mr. Kuempel was one of the first people, actually probably the first person that I met who came in and made sure that my wife and I felt very welcome. And this session, when I showed on that first day of spring, and the one person that my little boy, Nicolai, asked about and wanted to run over to his desk to see was Edmund Kuempel, and it was really a difficult moment to explain to Nicolai why Edmund Kuempel was not sitting at his desk anymore. So I am very humbled to have known him, and I have to tell you that he is the epitome of everything that all hundred and eighty one of us should strive to be.
REPRESENTATIVE JOE STRAUS: Excuse Representative Burnam because of illness, on the motion of Representative Gutierrez. Is there objection? Chair hears none. So ordered. Members, it's the chair's intention to go to page ten and cover the request for conference committees, and then come back to page one. Chair recognizes Representative Villarreal.
REPRESENTATIVE MIKE VILLARREAL: Thank you, Mr. Speaker and members. If the members of the redistricting committee can join me in the Speaker's press conference, we're going to be taking up congressional redistricting and also the Chairman Pitts, thank you. Chair lays out House Resolution 2603. The clerk will read the resolution. Chair lays out House Resolution 1984.
THE CLERK: HR 2603 by Deshotel. Honoring Roosevelt Petry, Jr., and Marlene Petry of Port Arthur for their business and community service achievements. HR 1984 by Reynolds. Congratulating Constable Ruben Davis, who is celebrating 15 years of service with Fort Bend County.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Deshotel.
REPRESENTATIVE JOE DESHOTEL: Thank you, Mr. Speaker. It is an indeed an honor and pleasure to recognize two of my constituents and friends, Roosevelt Petre and his wife Marlene Petry. If they would stand there, in the audience? Roosevelt Petry sounded GP Industrial Contractors down in southeast Texas, and is a running great success story, where a small business which we know the likelihood of a small business being successful today, well this small business has been extremely successful. And I often remind Roosevelt, one of the worst decisions I made in my life was when I returned one-third ownership of this company back to him a few years back. If I had not, I'd b probably be flying back and forth in my own plane from Beaumont, instead of driving a Ford pickup truck. But that's the way life goes. He's been extremely successful, a great benefactor of many organizations and groups in southeast Texas. He was honored by -- governor -- by Congressman Ted Poll a couple years ago on the floor of the U.S. Congress. So I wanted to recognize Roosevelt for all he has done for Texas, and southeast Texas, and how many hundreds of people he has employed in a very -- in a place that employment is a real problem down in southeast Texas. He brought with him several guests from southeast Texas, some elected officials that I would like to recognize, and also he brought his mother, Mrs. Willow. Sue Willow Petry. We have Commissioner Shane commissioner from Jefferson County. Mr. Thomas from the City of Port Arthur, Major Clark from the Police Department. Constable Ruben Davis from the Fort Bend County Constables and Howard Jefferson on the board of -- National Board of Directors of the NAACP. And we could give them a round of applause and thank you very much.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Reynolds.
REPRESENTATIVE JOE DESHOTEL: I move passage, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Reynolds.
REPRESENTATIVE RON REYNOLDS: Thank you Mr. Speaker, members. As Joe mentioned, I'm proud to have Constable Reuben Davis in the gallery today. Constable Reuben Davis didn't know that he was going to be recognized today. Constable Davis, would you stand? And Sylvester's up here with me. Constable Davis and his wife, Karen Davis, I wanted to recognize him because he is now celebrating 15 years as constable for Fort Bend County Precinct II. Prior to that he served with distinction for the Houston Police Department for 21 years. He's the proud father of two girls. But, most importantly, I can say this about Constable Davis because I've known him. He is a proud Christian man. He personifies Ghandi's statement that we must be the change that we want to see in the world. I say this because he's dedicated his professional life to public safety, and as a law enforcement officer we -- I'm proud to say that in my district, and Fort Bend County, is one of the safest places to live because of the efforts that Constable Davis has. When he served with HPD, Mayor Brown instituted neighborhood policing. So I'm very, very proud today to recognize the accomplishments and the achievements of the honorable Reuben Davis, and thanks to his wife Karen Davis, for allowing him to serve with distinction for all those years. And, members, would you please join me in congratulating the honorable Reuben Davis and his wife, Karen Davis? And, members, I move adoption.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Representative Turner moves to add all members' names. Is there objection? Chair hears none. So ordered. Excuse Representative Price because of important business in the district, on the motion of Representative Kuempel. Excuse Representative Strama because of important business, on the motion of Representative Turner. Excuse Representative Castro because of important business, on the motion of Representative Turner. Is there objection? Chair hears none. So ordered.
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker?
REPRESENTATIVE JOE STRAUS: Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Point of inquiry, I guess. Mr. Speaker, earlier this morning I read for example in the quorum report that the Senate rejected the House plan or deal on school financing, and I am at an odds with knowing what is what. And we are now on Friday session, attending on Monday, school finances very important. School districts are concerned. The members -- Well, let me just speak for me. I am concerned about what is what and what is being discussed and what is the deal. So I rise to -- to ask for some information on who is representing the House, and what is the deal, and where are the differences; and when can we expect to get something in terms of runs, or whatever, so we can look at it?
REPRESENTATIVE JOE STRAUS: Mr. Turner, I've asked Representative Pitts and Representative Geren and Representative Eissler to be available (inaudible) in the conference committee discussions.
REPRESENTATIVE SYLVESTER TURNER: My first question is, number one, is there -- is there some sort of deal between the House and the Senate? And if there is not, can somebody gives us some idea as to where we are with relation to school finance?
REPRESENTATIVE JOE STRAUS: Yes, Mr. Turner. There's no deal. There's been ongoing discussions. And the Chair recognizes Representative Geren to give you the latest update.
REPRESENTATIVE CHARLIE GEREN: Mr. Turner, at this time we gave an offer to the Senate last night. I read about it in the quorum report that it was rejected, also. They, just before we did the Kuempel memorial, they have come back with a offer to us and we do not have runs on yet. We're in the process of getting those. We have -- We negotiated late in the evening and early this morning. I'm hoping, and I'm promising you that no one's going to be asked to vote on any proposal. If we are able to make a deal with the Senate, no one's going to be asked to vote on any proposal without a map -- excuse me, without the runs and without an explanation of what the runs mean for every member to see. We're not there yet.
REPRESENTATIVE SYLVESTER TURNER: But, Chairman Geren, I appreciate that, because it would probably be impossible to vote on something without the runs of school finances (inaudible).
REPRESENTATIVE CHARLIE GEREN: We have a printing deadline of later this afternoon, Mr. Turner, for 5:00 o'clock.
REPRESENTATIVE SYLVESTER TURNER: So are we saying that an agreement will have to be reached prior to 5:00 o'clock this afternoon?
REPRESENTATIVE CHARLIE GEREN: That is my understanding that 5:00 o'clock is our time. I understand that that may get bumped an hour or two, but that's what we're -- our goal is to have a deal done by 5:00 o'clock.
REPRESENTATIVE SYLVESTER TURNER: And assuming, let's say assuming an agreement is reached sometime this afternoon, whether it's 5:00 or 6:00 give or take --
REPRESENTATIVE CHARLIE GEREN: Yes, sir.
REPRESENTATIVE SYLVESTER TURNER: -- I would assume that this issue would be on the floor of the House sometime tomorrow.
REPRESENTATIVE CHARLIE GEREN: I'm not sure what the time is. I believe it'd be Sunday.
REPRESENTATIVE SYLVESTER TURNER: It would be Sunday? And then runs would be available sometime -- let's say sometime tomorrow?
REPRESENTATIVE CHARLIE GEREN: The runs would be available. As quick as we make a deal, we'll ask for at runs on that deal.
REPRESENTATIVE SYLVESTER TURNER: Okay. Other questions I have with respect with whatever is being discussed. Are we looking at something that is limited to the two-year period for 2012, 2013? Are we looking or are you all looking for something that goes beyond 2013?
REPRESENTATIVE CHARLIE GEREN: We're looking at both, actually. And as you know, in the district I represent, I've only have nine districts, not nearly as many of the rurals. But I've got 41s, 42s,
(inaudible) some real, real poor districts -- some real, real poor districts that are minority-majority districts, and we're looking at 1041 school districts. I'm not in any way thinking that Fort Worth ISD needs to benefit from this. I don't think anybody (inaudible) negotiation. We're trying to come up with the best deal for all the children of Texas that -- with the least amount of damage from the cuts. And the -- We're, you know, obviously we're looking at the Eissler plan and Senate Bill 22, which never passed the Senate, by the way; but is over here for us to look at today.
REPRESENTATIVE SYLVESTER TURNER: Okay. Let me just let me just say this, Chairman Geren: And with all due respect, school finance I think we all recognize is a very complex, complicated sort of arrangement --
REPRESENTATIVE CHARLIE GEREN: Yes, it is.
REPRESENTATIVE SYLVESTER TURNER: -- and it takes time to work your way through the implications, not only for the next two years, but to the extent the negotiators are looking at something beyond two years. Many of us represent school districts that have some times complete -- competing interests.
REPRESENTATIVE CHARLIE GEREN: We do.
REPRESENTATIVE SYLVESTER TURNER: In my case, for example, I've got to waive the Houston Independent (inaudible) and a little bit of Spring, and all Dean. And their interests are not always the same. The reason why I raise the question, to ask members of the House to wade through any deal that complicated between -- sometime after 6:00 o'clock today and Sunday, and to vote on something that will impact our local school districts is asking a great deal.
REPRESENTATIVE CHARLIE GEREN: I agree with you, Mr. Turner. But, because of our constitution, and Monday coming up, that's our time line. And, as I told the House on the second day of session, when I put the budgets together, I budgeted for being here this summer. And, if we have to, we will.
REPRESENTATIVE SYLVESTER TURNER: But the major point that I'm going to make is that as much information that can be made available to the members as the negotiators walk through this process, so that we can walk through the process with you all, would be appreciated. This is not the same sort of deal that we go and decide that we are going to spend X amount of money on this particular strategy and it's cut and dry. It's important for my (inaudible) as much information be made available to the members of the House have some idea of what is taking place at negotiations, so that at the end of negotiations, we're not handed something with the runs and then we have to quickly try to get on the phones and contact our school districts, and others, and find out what is short or long term impact; that's my concern --
REPRESENTATIVE CHARLIE GEREN: Mr. Turner, I think that Mr. Eissler and Mr. Pitts and myself, if we're not in a meeting trying to negotiate this and we're on the floor, I think any of us would be more than happy to answer any members' question. And --
REPRESENTATIVE SYLVESTER TURNER: Well, the only reason I'm raising -- I'm on the conference committee.
REPRESENTATIVE CHARLIE GEREN: Yes, sir. I know. And you've been working very hard negotiating the other parts of this, and I don't have a clue what's in that.
REPRESENTATIVE SYLVESTER TURNER: Right. Well, let me tell you the most important piece on 1811 for me is school finance. And I'm not -- and I'm not
(inaudible) and I can't -- I'm not touching that
(inaudible) I'm not privy to that at all. And the reason why I rise -- Not on school finance, I think Chairman Pitts is going to say to you I have asked repeatedly what has taken place on school finance. And I hate to be put in the position where my superintendent calls me, or a reporter comes up to me and asks me what's the deal? What is the difference between the House and the Senate (inaudible).
REPRESENTATIVE CHARLIE GEREN: And I can honestly say I have been answering questions just like that on the rest of 1811. I am just saying I don't know. I'm more than happy to share any information that you want that I have available and that I understand. As I said, it is very complicated.
REPRESENTATIVE SYLVESTER TURNER: I appreciate that. But I will tell you, I'll make a trade and I'll give you everything else on 1811, you allow me to sit on school finance.
REPRESENTATIVE CHARLIE GEREN: You can come sit with me any time you want to.
REPRESENTATIVE SYLVESTER TURNER: Okay. But the information that's important, is complicated, and I would just suggest to -- to you, to Chairman Eissler, to Chairman Pitts that -- keep us all posted, let us all be aware --
REPRESENTATIVE CHARLIE GEREN: Mr. Turner, I was here this morning for a 7:30 meeting with senators, and the first senator I saw was Senator Seliger when he walked in the door for the Kuempel resolution.
REPRESENTATIVE JOE STRAUS: Mr. Keffer, for what purpose?
REPRESENTATIVE JAMES KEFFER: Ask a few questions to Mr. Geren. That's fine. This is sort of in general. You know, Chairman Geren, that this school finance issue going back to conversation I had with Mr. Aycock last week, on -- and I can't remember the bill number on that, but when we're looking at school finance and how (inaudible) there would be competing runs out there and really nobody knew what it was because they were evolving and they were coming down, and that was last week, when really we were put in a tough position of knowing what to support or what not to support, when districts like mine, and others, have multiple school districts of various shapes, sizes and whatever. And that this is not a republican-democrat issue (inaudible).
REPRESENTATIVE CHARLIE GEREN: That's correct, it's not.
REPRESENTATIVE JAMES KEFFER: This is an issue that affects us all in this House. We already have a very sensitive situation back home, because of known cuts. I mean, because the economy, because of things that we all can do nothing about. And it's now echoing Mr. Turner -- We're getting to a point where it comes back to me that we're pass (inaudible) something. And I say that with all due respect, and I know there's
(inaudible) I've been in those negotiation situations before, you're trying to come up with the best thing you can. But I don't think any one of us here on this floor wants to do something just to go home. I mean, if we're going to do something that is going to affect our school districts, whether it's the next session or on beyond, we want to make sure that it's done right and that we're not causing more harm than the good that we're trying to do here. So I will just ask (inaudible).
REPRESENTATIVE CHARLIE GEREN: I will assure you that in any of the negotiations that has been our goal, to do something that is right for the school children of Texas. (Inaudible).
REPRESENTATIVE JAMES KEFFER: I have -- Certainly know -- I know that's true.
REPRESENTATIVE CHARLIE GEREN: I want to go home on Monday just like you do, but if we can't, we can't.
REPRESENTATIVE JAMES KEFFER: I know that's true. But the rural districts, the sparse, everything needs to be looked at just like the large urban, suburban fast growth. And I'm concerned that any patch work we do at the proper time and effort to look at how it affects all one thousand whatever school districts we have, that they are all treated equally and that the -- whatever pain and suffering is spread out as equally as we can. And that there's no one section that is going to get a better deal over another section. And make no assumptions out here that republicans or democrats or whatever are going to go along just to go home on Monday so that we can do that --
REPRESENTATIVE CHARLIE GEREN: I think we fully understand that. And, Jim, as you know, there's nobody that has fought harder for the poor districts and to make sure that we share the wealth. And to recapture, I've fought as hard as anybody on this floor to make sure that the poorer districts taken care of and to get them as close together as we can. And I promise you that we're continuing to do that and will continue to do that.
REPRESENTATIVE JAMES KEFFER: Well, all of y'all are doing this and your word is your bond and I know that, and we trust you. But I just want to give you the extra -- I guess, if it is comfort, that none of us want to see a patchwork done. We're all, you know, we all know the responsibilities that we take on when we -- when we sign up for this job. And if it takes more time to do it, to do it right, I think the majority of this House will certainly go along with that.
REPRESENTATIVE CHARLIE GEREN: I appreciate that, Jim.
THE CHAIR: Mr. Chisum, for what purpose?
REPRESENTATIVE WARREN CHISUM: Mr. Speaker, will the gentleman yield?
REPRESENTATIVE CHARLIE GEREN: I gladly will.
THE CHAIR: Gentleman yields.
REPRESENTATIVE CHARLIE GEREN: I don't know if it's me he needs to talk to, but I'd be happy to.
REPRESENTATIVE WARREN CHISUM: This maybe more Mr. Eissler's question, and I'm happy to do whichever. I guess he can relate it to you or whatever.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Eissler.
REPRESENTATIVE WARREN CHISUM: Mr. Eissler, you know, since I look at your conference committee I don't see a lot of representations for small schools. And you know my situation with 50 small districts and -- Is there anything that y'all are negotiating that has to do with the formulas? I mean -- Because that's our -- that's our biggest concern, because we have some formulas that we have negotiated for a long time in a weighted system. And, if you change that, just a little bit, it makes a lot of difference.
REPRESENTATIVE ROB EISSLER: To answer your question we -- we represent all -- all the school districts. In fact, that was the discussion. As you know, what we were looking for initially out of here was the modified proration, you know, roughly 6 percent against target revenue for both years. But the Senate's plan is Senate Bill 22, which looks not -- not to really go after the formulas but to get target revenue down to the formula level so that they would take a different deduction pattern. You know, we had a 6 percent across, but we have a 6 percent across. And Senate Bill 22 takes a 2 percent against the basic allotment, and takes the rest 6. -- I think it's 6 and a half percent or 6.6, something like that. In addition against hold harmless. That's why if you rook at those runs at Senate Bill 23 there's larger -- you'll see a larger range of cuts, say with some of the low target revenue districts are already at formula, so that they don't lose anything from it but they will lose something from the 2 percent. So -- And then you'll see some of the -- the larger, or the higher target revenue schools have the 6 and a half plus (inaudible) or 8.5. And the way it goes against -- in percentage it might be 8.9. So, the range is anywhere from like -- I think -- I think Abilene under Senate Bill 22 is like $78 pro rata and then you'll go to a Houston or a Dallas on a 22, which might be the full -- or even a Highland Park or an Alamo Heights or, you know, some of the higher target revenues. In fact, Canadian would have 8. -- 8.8 percent, something like that. And that's why we're trying to keep the range narrow, not to affect -- and keep it small. Now we also put the edge job's (inaudible) not that we counted it, but just kind of soften the blow, soften the impact. And I think it's $134 pro rata. And in a 5.8 to 5.9 percent cut that's about 2 and a half percent, something like that. So it would really range on a net result anywhere from 3 and a half to just under 6 (inaudible).
REPRESENTATIVE WARREN CHISUM: Isn't that a pretty broad range when you go from 3 and a half to 6? That's like double cuts for one.
REPRESENTATIVE ROB EISSLER: Well it can be. In fact, Senate Bill 22 had a 50 percent greater cut than our pro ration for districts like Houston and Austin and Dallas. So that's why we try to keep with a pro ration plan because it's simple, it's easy to explain, it's easy to understand and it's easy to be consistent.
REPRESENTATIVE WARREN CHISUM: And my problem's not districts like Canadian, you know, they obviously are going to be just fine whatever -- whatever happens. Some of them are not as fortunate as that. I mean they're small, farming communities, just live off of (inaudible) without any oil or gas property value. And those are the ones that really concern me. And so I hope that you would not use a property (inaudible) district just leave the mark of districts in rural Texas. I think you would find most of them are somewhat below that. And I know it's difficult, and I know spend a career trying to balance the interest of that, and I appreciate that; don't get me wrong. But, you know, Canadian will be all right but some others may have some real difficulty.
REPRESENTATIVE ROB EISSLER: I understand that. And I think since 1929 this is only the third time this has left school funding for our kids --
REPRESENTATIVE WARREN CHISUM: And it bothers me, because if you look at the runs that come out yesterday, it looks like we had a .02 increase in public school spending. And yet, you know, and maybe I'm not reading the runs right, but I'm reading what came out. And it had 0.02 increase in all public school funding that came out as (inaudible). So is that true, did we increase school spending by 2 percent or did we decrease it by 6 percent?
REPRESENTATIVE ROB EISSLER: That, I don't know. I've not seen that.
REPRESENTATIVE WARREN CHISUM: It may be Mr. Pitts' question.
REPRESENTATIVE ROB EISSLER: That could be the federal funding aspect --
REPRESENTATIVE WARREN CHISUM: It was another run on federal funding, and there were severe cuts to public education, and 43 percent cuts to higher education, and to federal funds that were distributed. But the overall -- all the -- the all funds distribution -- is at 0.02.
REPRESENTATIVE ROB EISSLER: And I think
(inaudible) ARRA and state came up slightly. But, overall, it's a net loss, obviously.
REPRESENTATIVE WARREN CHISUM: Are we going to have that run somewhere?
REPRESENTATIVE ROB EISSLER: I think that's in the summary. In fact, right now, right now the difference between the House and the Senate is the House wants the first year to be -- and I think the Senate may agree with that (inaudible) which is at 5.7 -- 5.8 percent; which is offset by (inaudible) number. And then right now -- And the question is the second year, and that is -- the Senate wants Senate Bill 22 to go in, and that's where you have a bigger range between the high and low target revenue districts. You know, do we take that one-year this, one-year that, or is there -- is there a middle ground where it could transition? The other thing is, Senate Bill 22 is about a five-year -- I think 2017 would be pushed to 2018 if -- if it were in this compromise as a program to ratchet down target revenues to where in the first two years -- in the second year it would be 7.65 percent, I believe, along with the 2 percent decrease (inaudible) would slowly come back to 4,900 and 5,000 over that period. But as far as LBB to make those predictions for runs in those out years, so I think that's the whole program right now. And where we are is -- At what point at what point does the Senate get 22 involved in the plan?
REPRESENTATIVE WARREN CHISUM: Thank you.
REPRESENTATIVE ROB EISSLER: Yes, sir. Yes, I will yield.
REPRESENTATIVE MIKE VILLARREAL: Just to pick up on the last question, the LBB is reporting that public education spending has increased slightly by the -- approximately 29 million, but it's -- presentation format so in one line they show a positive 29 (inaudible) at the bottom of the page does not account for student growth and student population. It's also important to note that in a different column titled other governmental provisions there is a deduction of 3 billion dollars (inaudible) so I'm just want to make sure nobody's confused. That deduction of $3 billion represents a deferral of one payment to our schools into the next budget cycle, and an assumption that property values are going to grow during the next two years.
REPRESENTATIVE ROB EISSLER: Well, I think there was an asterisk that property rights give up 500 million (inaudible) (inaudible) (inaudible).
REPRESENTATIVE MIKE VILLARREAL: A combination of things going on here.
REPRESENTATIVE ROB EISSLER: And you bring up a good point, Michael --
REPRESENTATIVE MIKE VILLARREAL: Let me just make sure we nail this down and you can tell me if you will disagree; we are decreasing our spending on public ed, relative to the new growth and population that we know is coming in the next two years.
REPRESENTATIVE ROB EISSLER: Yes.
REPRESENTATIVE MIKE VILLARREAL: Okay.
REPRESENTATIVE ROB EISSLER: But the point I wanted to make about looking beyond the next biennium, and I know Representative Turner made some comments about that which are valid; the Senate is looking for a five-year program, okay? We have used this next two-year period as something we hope doesn't reoccur, and that we would look for a long term fix with some time. Either --
REPRESENTATIVE MIKE VILLARREAL: I thank you for mentioning this. And here's my question for you: In the simplest terms, where do we disagree? What are the parameters that we disagree on? What are the ones that we agree on? (Inaudible) that you (inaudible)
(inaudible).
REPRESENTATIVE MIKE VILLARREAL: Five-year plan and we are on a two-year plan, correct? What else?
REPRESENTATIVE ROB EISSLER: We are told they love Senate Bill 22 and (inaudible).
REPRESENTATIVE MIKE VILLARREAL: What do they love about it?
REPRESENTATIVE ROB EISSLER: What do they love about it? Honestly.
REPRESENTATIVE MIKE VILLARREAL: What is separating us? What are the major parameters of --
REPRESENTATIVE ROB EISSLER: Honestly, Senate Bill 22, it's a five-year program that goes through 2017. So that they figure that they'll get the target revenue, the hold harmless removed throughout that period.
REPRESENTATIVE MIKE VILLARREAL: Mr. Chairman, if that is the the point that they are insisting on, I would think this body is not prepared to buy a five-year obligation with only three days left in this legislative session.
REPRESENTATIVE ROB EISSLER: We have, and we will be telling them that. That's a good point. And what (inaudible) about -- about the potential changes in the -- in the economic climate of the state? Will it stay? Will we stay in this down cycle or will things improve? Hopefully, through the pain of this cycle that we're still experiencing, we will return to maybe some better times to vet that five-year plan --
REPRESENTATIVE MIKE VILLARREAL: One more question. I know there's some people behind me.
REPRESENTATIVE ROB EISSLER: Yes.
REPRESENTATIVE MIKE VILLARREAL: If we fail to pass a -- come to an agreement on the school finance plan, will our budget be certified?
REPRESENTATIVE ROB EISSLER: Mr. Pitts, I think, is a better expert on than I on that.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Pitts. And, members, I'm going to ask that we continue the dialogue with members of the conference committee and others, so that we can get on with appointing conference committees and so that this conference committee can continue the negotiations. Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Yes, our budget will certify. There is provision in the budget, on House Bill 1, that has a provision that -- that is contingent on some type of a school finance plan to go into effect for this next biennium.
REPRESENTATIVE MIKE VILLARREAL: So that provision is still in HB 1?
REPRESENTATIVE JIM PITTS: It is in HB 1.
REPRESENTATIVE MIKE VILLARREAL: And so doesn't that make HB 1 contingent on a school finance plan?
REPRESENTATIVE JIM PITTS: It makes the provision for the appropriation for the foundation school program contingent on a school plan.
REPRESENTATIVE MIKE VILLARREAL: If we do not pass this school plan, what will happen?
REPRESENTATIVE JIM PITTS: Well, that money will stay there until the state -- the legislature directs how that money will be spent for the next biennium.
REPRESENTATIVE MIKE VILLARREAL: So your budget can be certified --
REPRESENTATIVE JIM PITTS: When you say certified, mike, you're talking about whether there's enough money in our treasury -- there's enough money coming into our treasury to pay for the budget that we have -- our budget will balance.
REPRESENTATIVE MIKE VILLARREAL: Our budget will balance?
REPRESENTATIVE JIM PITTS: If we pass House Bill 1 and Senate Bill 1811 it will pass, it will certify.
REPRESENTATIVE MIKE VILLARREAL: If we pass 1811 without the school finance (inaudible).
REPRESENTATIVE JIM PITTS: It'll certify.
REPRESENTATIVE MIKE VILLARREAL: It'll certify? And -- And my understanding is that means current law will not have been changed and --
REPRESENTATIVE JIM PITTS: No, there's a contingency that the --
THE CHAIR: Members, I invite Mr. Villarreal and Mr. Pitts, if they want to continue their conversation down front. We need to move on and try to get some of our other committee work done. Members, we're on page ten of the conference committee.
REPRESENTATIVE SUSAN KING: Mr. Speaker?
THE CHAIR: For what purpose, Ms. King?
REPRESENTATIVE SUSAN KING: Yes, parliamentary inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE SUSAN KING: I was wondering if anyone in the conference group on education would be willing to post to the members the location of their conferring, or the location of their negotiations; so that when we do hear the final outcome that we will need to vote on, that we can understand the history and the path way to this decision, so we can better explain this to our constituents and other public members that are asking us questions.
THE CHAIR: Ms. King, I would invite you to come down visit with Chairman King, Chairman Eissler and see if you can get that arranged.
REPRESENTATIVE SUSAN KING: So will that announcement be made after I as the question?
THE CHAIR: After avenue you've talked to Mr. Pitts, Mr. Eissler and Mr. Geren.
REPRESENTATIVE SUSAN KING: Thank you.
THE CHAIR: All right. Members, we're on page ten. Chair recognizes Representative Fletcher regarding Senate Bill 198? 158. Chair recognizes Mr. Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker, members, I move to concur with Senate on the having a conference committee on 158.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Are there any motions to instruct? Chair hears none. The following conferees, the clerk will read the conferees.
THE CLERK: House conferees on conference committee on Senate Bill 158: Fletcher, chair. Gallego, Deshotel, Woolley, Hopson.
THE CHAIR: Madam Doorkeeper?
DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
MESSENGER: Thank you, I'm directed by the Senate to inform the House that the Senate has taken the following actions, the Senate has passed the following measures: HCR 115, Smith -- Foster, Gallego --
THE CHAIR: (Inaudible).
REPRESENTATIVE DEBBIE RIDDLE: Thank you, Mr. Speaker. I move to concur to the appointment of conference committee on Senate Bill 377.
THE CHAIR: Members, you've heard the motion. Is there any objection? So ordered. Members, is there any motion to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 377: Riddle, Chair. Anderson of McClendon, Dutton, Fletcher, Weber.
THE CHAIR: Is Representative Giddings on the floor of the House? Chair recognizes Representative Fletcher on Senate Bill 516.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker, members, the Senate wants to conference committee and -- on Senate Bill 515. The motion to --
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members -- any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees for conference committee on SB 516: Fletcher, Chair. Anderson of McClendon, Berman, Bonnen, King of Parker.
THE CHAIR: Chair recognizes Representative Gallego to Senate Bill 472 (inaudible).
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. I would move to grant the request for the Senate -- grant the request of the Senate with the appointment of a conference committee on Senate Bill 472.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Is there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 472: Giddings, chair. Deshotel, Otto, Solomons, Turner.
THE CHAIR: Chair recognizes Representative Larson -- Senate Bill 635.
REPRESENTATIVE LYLE LARSON: Members, I move to grant the request of the Senate to set up a conference committee on Senate Bill 635.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Is there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 635: Larson, Chair. Cook, King of Zavala, Price, Ritter.
THE CHAIR: Chair recognizes Representative Gallego. Senate Bill 773.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, I'd move to grant the request of the Senate for Senate Bill 773, which relates to telecommunications service discount for educational institutions, libraries, hospitals and telemedicine centers.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Is there any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees for the conference committee on SB 773: Gallego, Chair. Chisum, Frullo, Hilderbran, Munoz.
THE CHAIR: Chair recognizes Representative Hancock from Senate Bill 875.
REPRESENTATIVE KELLY HANCOCK: Permission to go to conference on Senate Bill 875.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any instruction to -- any motion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees for conference committee on SB 875: Hancock, Chair. Bonnen, Chisum, Eiland, Smith of Harris.
THE CHAIR: Chair recognizes Representative Workman on Senate Bill 1010.
REPRESENTATIVE PAUL WORKMAN: Mr. Speaker, members, I move to grant the Senate's request to appoint a conference committee on Senate Bill 1010.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Is there any emotion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees for conference committee on SB 1010: Workman, Chair. Carter, Gallego, Lucio, Madden.
THE CHAIR: Chair recognizes Dean Craddick on Senate Bill 1134.
REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, I wanted to ask if a conference committee -- the Senate asked for a conference committee and I move to -- we go to conference.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct. Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees for conference committee on SB 1134: Craddick, Chair. Lozano, Hancock, Sheffield, Smith of Harris.
THE CHAIR: Chair recognizes Representative Gonzales of Hidalgo on Senate Bill 1320.
REPRESENTATIVE VERONICA GONZALES: Mr. Speaker, members, the Senate has asked for a conference committee on Senate Bill 1320 and I ask that one be appointed.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees committee on SB 1320: Gonzales of Hidalgo, Kleinschmidt, Raymond.
THE CHAIR: Chair recognizes Representative Gallego on Senate Bill 1331.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, I would move to grant the request of the Senate for a conference committee on Senate Bill 1331, which is one of the bills that went through Criminal Jurisprudence.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1331: Gallego, Chair. Aliseda, Christian, Rodriguez, Zedler.
THE CHAIR: Chair recognizes Representative Larson on Senate Bill 1543.
REPRESENTATIVE LYLE LARSON: Mr. Speaker, members, I move to grant the request for the Senate to set up a conference committee on Senate Bill 1543.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1543: Larson, Chair. (Inaudible), Kuempel, Price, Rodriguez.
THE CHAIR: Please excuse Representative Villarreal because of important business, on the motion by Representative Eiland. Chair recognizes Representative King on Senate Bill 1600.
REPRESENTATIVE PHIL KING: Members, Senate added two amendments. One does not make any fundamental changes in existing law. It clarifies that utilities have condemnation rights against other public entities, which they've had for about a hundred years. It -- It also requires more detailed cost benefit analysis by the PUC before they can approve new transmission projects for the future. And, if there's no objection, I would move to concur with the Senate amendments. Oh, sorry. We don't like the amendments on Senate Bill 1600 and would move to -- we would move not to concur, and appoint a conference committee. Rest for later.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 16: King of Parker, Chair. Beck, Fletcher, Miller of Erath, Walle.
THE CHAIR: Chair recognizes Representative Truitt on Senate Bill 1664.
REPRESENTATIVE VICKI TRUITT: Thank you, Mr. Speaker. I move to grant the Senate's request to appoint a conference committee on Senate Bill 1664.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1664: Truitt, Chair. Hunter, Miles, Riddle, Turner.
THE CHAIR: Chair recognizes Representative Lewis on Senate Bill 1717.
REPRESENTATIVE TRYON LEWIS: Thank you, Mr. Speaker. Members, I move to grant the request of the Senate to form a conference committee on the Senate Bill 1717.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Members, are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1717: Louis, Chair. Jackson, Hartnett, Thompson, (inaudible).
THE CHAIR: Chair recognizes Representative Huberty on Senate Bill 1788.
REPRESENTATIVE DAN HUBERTY: Mr. Speaker, members, I move grant the Senate's request to accept a conference committee.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1788: Huberty, Chair. Hancock, Strama, Taylor of Galveston, Weber.
THE CHAIR: Chair calls up House Bill 1242 with Senate amendments. Chair recognizes Representative Geren.
REPRESENTATIVE CHARLIE GEREN: Members, I move to not concur with Senate amendments and appointment a conference committee.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 1242 --
THE CHAIR: Members, I'm sorry, we're going to back up to page ten. This is the appointment of a conference committee. Chair recognizes Representative Smith.
REPRESENTATIVE WAYNE SMITH: Thank you, Mr. Speaker. Members, I move that we grant the Senate's request to appoint a conference committee on Senate Bill 694.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 694: Smith of Harris, Chair. Cook, Deshotel, Dutton, Fletcher.
THE CHAIR: Chair calls up House Bill 272 with Senate amendments. Chair recognizes -- The clerk will read the bill.
THE CLERK: SB 272 by Cook. Relating to authorizing the issuance of revenue bonds to fund capital projects at public institutions of higher education.
THE CHAIR: Chair recognizes Mr. Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, (inaudible).
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Members, is there any motion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 272: Smithee, Chair. Hancock, Taylor of Galveston, Thompson (inaudible).
THE CHAIR: Chair calls up House Bill House Bill 2329 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2329 by Zedler. Relating to the confidentiality of certain information regarding victims of trafficking of persons and to the issuance and enforcement of protective orders to protect victims of trafficking of persons; providing penalties.
THE CHAIR: Chair recognizes Mr. Zedler. Chair recognizes Representative Hughes. Is Mr. Hughes on the floor?
REPRESENTATIVE BRYAN HUGHES: Thank you, Mr. Speaker. Members, the Senate made minor amendments to this bill (inaudible) this point passed Mr. Zedler. I move we concur.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any instructions -- is there motions to instruct? Chair hears none. Clerk will read the conferees. No, wait. Oh, I'm sorry. Members, he moves to concur. This is a record vote. The clerk will ring the bell. Show Mr. Hunter voting aye. Have all voted? Have all voted? There being 139 ayes and 0 nays, house Bill 2329 is passed. Chair lays out House Bill 1541 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 5141 by McClendon. Relating to the prevention of automobile burglary and theft.
THE CHAIR: Chair recognizes Ms. Dukes.
REPRESENTATIVE DAWNNA DUKES: This is a bill dealing with auto theft. The Senate made one clarifying amendment and I move adoption.
THE CHAIR: Members, Ms. Dukes moves to concur on Senate amendments on House Bill 1541. This is a record vote. The clerk will ring the bell. Show Mr. Hunter voting aye. Have all voted? Have all voted? There being 112 ayes and 28 nays, House Bill 1541 passes. Chair lays out with Senate amendments House Bill 971. The clerk will read the bill.
THE CLERK: HB 971 by King of Parker. Relating to removal of the requirement that an electric utility designate a preferred route for a transmission line in an application for a certificate of convenience and necessity.
THE CHAIR: Chair recognizes Representative King.
REPRESENTATIVE PHIL KING: Members, this is the one I thought I was laying out a little bit ago. The Senate added two amendments. One, that utilities have condemnation rights over public lands against other public entities, that is actually what the law has been for the last hundred years, this clarifies that. And the the second one just requires a more detailed cost benefit analysis by the PUC, before they can issue authority to build a transmission line. And I would move that we concur on those amendments.
THE CHAIR: Members, Representative King moves to concur with Senate amendments on House Bill 971. This is a record vote. The clerk will ring the bell. Has everyone voted? Have all voted? There being 138 ayes and 0 nays, House Bill 971 passes. Chair calls up House Bill -- House Bill 1244 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1244 by Castro. Relating to developmental education courses and the assessment of student readiness under the Texas Success Initiative for public institutions of higher education.
THE CHAIR: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, this bill relates to education courses. The Senate put on an amendment that has some definitions with respect to the program evaluations and I move that we concur with the Senate amendments.
THE CHAIR: Mr. Gallego moves to concur with Senate amendments on House Bill 1244. Members, that is a record vote. Clerk, please ring the bell. Have all members voted? Have all members voted? There being 130 ayes and 9 nays, House Bill 1244 passes. Chair lays out House Bill 2770 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2770 by Smith of Harris. Relating to the powers and duties of navigation districts, port authorities, and certain municipalities.
THE CHAIR: Chair recognizes Mr. Smith.
REPRESENTATIVE WAYNE SMITH: Members, the Senate added several amendments and what I'm going to do is sunsetting the port of Houston, they had two different dates set on it. So I move that we do not concur and the Senate amendments and send it back to the Senate to work on the language.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Members, are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 2770: Smith of Harris, Chair. Callegari, Thompson, Hunter, Phillips.
THE CHAIR: Chair calls up House Bill 1781 with Senate amendments.
THE CLERK: HB 1781 by Price. Relating to obsolete or redundant reporting requirements applicable to state agencies.
THE CHAIR: Chair recognizes Representative Callegari.
REPRESENTATIVE BILL CALLEGARI: Members, that is bill that provides for reduction and a number of reports that have to be filed. And I move passage.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments on House Bill 1781. This is a record vote. Will the clerk ring the bell? Have all members voted? Have all members voted? There being 139 ayes and 0 nays, House Bill 1781 passes. Excuse Representative Marquez for important business, on the motion of the Representative Guillen. Chair calls up House Bill 1720 with Senate amendments. Clerk will read the bill.
THE CLERK: HB 1720 by John Davis of Harris. Relating to improving health care provider accountability and efficiency under the child health plan and Medicaid programs.
THE CHAIR: Chair recognizes Mr. Davis of Harris.
REPRESENTATIVE JOHN DAVIS: Thank you Mr. Speaker, members. And I move to concur with Senate amendments to House Bill 1720. Senator Patrick, the sponsor, added two amendments. The first one would provide notification to the Office of the Attorney General. And the Second Amendment changes the face to face on the durable medical equipment from six to twelve months. Senator Nelson also added her bill, Senate Bill 223, which passed out of the House on May 24th. I move passage.
THE CHAIR: Mr. Davis moves to concur with Senate amendments. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 136 ayes and 0 nays, House Bill 1720 is passed. Excuse Representative Miles on important business in the district, by Representative Kuempel. Chair recognizes Representative Eissler. Back up one minute. Chair calls up House Bill 2365 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2365 by Eissler. Relating to certain responsibilities of education research centers and to a joint advisory board for education research centers.
THE CHAIR: Chair recognizes representative Eissler.
REPRESENTATIVE ROB EISSLER: Thank you members. I wish to not concur and I have a conference committee appointed (inaudible).
THE CHAIR: Mr. Coleman, for what purpose?
REPRESENTATIVE GARNET COLEMAN: I have a question.
THE CHAIR: Mr. Eissler, will you yield?
REPRESENTATIVE ROB EISSLER: I would love to.
THE CHAIR: Gentleman yields.
REPRESENTATIVE GARNET COLEMAN: I believe there are a couple of non-germane amendments on the bill; is that right?
REPRESENTATIVE ROB EISSLER: I believe you are right.
REPRESENTATIVE GARNET COLEMAN: But most importantly, I would (inaudible).
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 2365: Eissler, Chair. Hochberg, Huberty, Strama, Hancock.
THE CHAIR: Chair lays out House Bill 51 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 51 by Lucio. Relating to energy efficiency standards for certain buildings and to high-performance design, construction, and renovation standards for certain buildings and facilities of institutions of higher education.
THE CHAIR: Chair recognizes Mr. Lucio.
REPRESENTATIVE EDDIE LUCIO: Thank you, Mr. Speaker. Members, this is a bill we voted on
(inaudible) on very high numbers. Representative Hancock added an amendment to it. The Senate strengthened that amendment and made sure it limited any fiscal concerns dealing with studies or authority or any other obligations to any state agencies. So -- This also delays the implementation to 2013, it was made better in the Senate and I move to concur.
THE CHAIR: Mr. Lucio moves to concur with Senate amendments on House Bill 51. Members, this is a record vote. The clerk will ring the bell. Show representative Torres voting aye. Have all members voted? Have all members voted? There being 86 ayes and 53 nays, HB 1206 passes. I'm sorry, back up. House Bill 51 passes. Chair lays out House Bill 1206 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1206 by Guillen. Relating to training for members of governing boards of public junior college districts.
THE CHAIR: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, the Senate added an amendment to HB 1206 that will allow electronic training. This was the legislative intent of the bill, and so I move to concur with Senate amendments.
THE CHAIR: Mr. Guillen moves to concur with Senate amendments. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 101 ayes and 36 nays, House Bill 1206 is passed. Members, we're going on page 11. Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I request -- move to grant Senate request for a conference committee on Senate Bill 1858.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1588: Pitts, Chair. Chisum, Frullo, Guillen, Zerwas.
THE CHAIR: Members, we're on page three of the calendar (inaudible) on May 26th. Chair calls up House Bill with Senate amendments House Bill 1646. The clerk will read the bill.
THE CLERK: HB 1646 by Gallego. Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.
THE CHAIR: Chair recognizes Representative Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, the Senate added an amendment that requires the attorney who had been previously representing to the defendant to continued -- to have first crack at them for what is essentially a continuing representation, and I would move to concur with the Senate amendments.
THE CHAIR: Mr. Gallego moves to concur with Senate amendments on House Bill 1646. Members, this is a record vote. The clerk will ring the bell. Show Mr. Gallego voting aye. Have all members voted? Have all members voted? There being 132 ayes and five nays, House Bill 1646 passes. Members, the Chair (inaudible) takes up the items eligible until a time and then we will break for lunch. Good luck, members. Members, if you have any questions when we are going to break for lunch, please come to the dais and ask the parliamentarian. Chair calls up House Bill 2910 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2910 by Branch. Relating to agreements between the Texas Higher Education Coordinating Board and certain organizations for increasing degree completion rates.
THE CHAIR: Chair recognizes Representative Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, members. I move not to concur with Senate amendments and go to conference.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 2910: Branch, Chair. Bonnen, Pitts, Howard of Travis, Johnson.
THE CHAIR: Chair calls up House Bill 1560 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1560 by Scott. Relating to the enterprise zone program.
THE CHAIR: Chair recognizes Representative Scott.
REPRESENTATIVE CONNIE SCOTT: Members, we had some clarifications and (inaudible) move to concur.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 1560: Scott, Chair. Kuempel, Eiland, Miller of Erath, Creighton.
THE CHAIR: Chair lays out House Bill 2643 -- Chair calls up House Bill 2643 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2643 by Hamilton. Relating to safety standards for elevators, escalators, and related equipment.
THE CHAIR: Chair recognizes Mr. Hamilton.
REPRESENTATIVE MIKE HAMILTON: Members, I move to concur with the Senate amendments. The Senate added in two bills, one was HB 3207, which passed out of here with no opposition. That established an organization, religious (inaudible) City of a Dallas only. And SB 1244, which Mr. Villarreal was okay with that one. And I move to concur.
THE CHAIR: Mr. Kuempel, for what purpose?
REPRESENTATIVE JOHN KUEMPEL: Just leaning.
THE CHAIR: Just leaning? Thank you. Mr. Hamilton moves to concur with Senate amendments on House Bill 2643. The clerk will ring the bell. Members, this is a record vote. The clerk will ring the bill. Have all members voted? Have all members voted? There being (inaudible) House Bill 2643 passes. Chair calls up House Bill 290 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 290. Relating to the punishment for the offense of employment harmful to children.
THE CHAIR: Chair recognizes Representative Jackson.
REPRESENTATIVE JIM JACKSON: Members, House Bill 290 changed the penalty for employment harmful to children in sexual activities, from a Class A misdemeanor to a third degree felony on repeat offenses. The Senate did a committee substitute and the only substantial change was on first offense or second offense, they went to enhancement of a state jail felony, and on second -- or third offense they went to a third degree felony. And I move we concur.
THE CHAIR: Mr. Jackson moves to concur with Senate amendments on House Bill 290. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 136 ayes and 1 nay, House Bill 290 passes. Chair calls up House Bill 2728 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2728 by Thompson. Relating to the operation and regulation of charitable bingo.
THE CHAIR: Chair recognizes Ms. Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, this particular bill was sent to the Senate and what they did was they stripped out of all of the language (inaudible) definition of moral turpitude. I move to concur on Senate amendments.
THE CHAIR: Ms. Thompson moves to concur with Senate amendments on House Bill 2728. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 74 ayes and 63 nays, House Bill 2728 finally passes. Chair calls up House Bill 3246 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3246 by Elkins. Relating to public improvement districts designated by a municipality or county.
THE CHAIR: Chair recognizes Mr. Elkins.
REPRESENTATIVE GARY ELKINS: Thank you, Mr. Speaker. Members, the Senate added an amendment that is not acceptable, so I'm going to make a motion that we not concur and appoint a conference committee.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there -- Is there motion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 3246: Elkins, Chair. Miller of Comal, Jackson, Patton, King of Zavala.
THE CHAIR: The Chair calls up House Bill 736 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 736 by Patrick. Relating to required online information regarding public institutions of higher education.
THE CHAIR: Chair recognizes Representative Patrick.
REPRESENTATIVE DIANE PATRICK: Mr. Chair, members, this resume is an online navigator for students to examine different entities with higher education. I would like to them concur with the Senate amendments for HB 736.
THE CHAIR: Ms. Patrick moves to concur with Senate amendments on House Bill 736. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 138 ayes, 0 nays, House Bill 736 passes. Chair calls up House Bill 335 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 335 by Shelton. Relating to implementation and requirements of certain health care reform laws.
THE CHAIR: Chair recognizes Representative Shelton.
REPRESENTATIVE MARK SHELTON: Thank you, Mr. Speaker. The Senate put three amendments on here. We need to talk about one. I move not to concur and request a conference committee.
THE CHAIR: Representative Shelton moves to not concur with Senate amendments on House Bill 335. Is there any objection? Chair hears none. Is there any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 335: Shelton, Chair. Branch, Darby, Thompson.
REPRESENTATIVE DONNA HOWARD: Mr. Speaker?
THE CHAIR: Ms. Howard, for what purpose?
REPRESENTATIVE DONNA HOWARD: I wondered, I am sorry I didn't get up here in time, if I may ask a question to Representative Shelton about the amendment?
THE CHAIR: Representative Shelton? I believe he's coming up to the mic now.
REPRESENTATIVE DONNA HOWARD: Thank you.
REPRESENTATIVE MARK SHELTON: I yield, Mr. Speaker.
REPRESENTATIVE DONNA HOWARD: Thank you Representative Shelton. If you could tell me about the amendment that you're not concurring with.
REPRESENTATIVE MARK SHELTON: Well, the intent of the bill -- there are three or more -- three amendments, and the one I had some questions about is the amendment number two. And what we were trying to do is to make sure that we were focused on the cost to the state in terms of the affordable care act.
REPRESENTATIVE DONNA HOWARD: So does it have anything to do with whether or not we can implement the federal health plan while they're creating their report? Or are we going to require them to wait to implement until after the report?
REPRESENTATIVE MARK SHELTON: No, ma'am. There's nothing in the bill or in the amendment that would prohibit the implementation of any federal laws.
REPRESENTATIVE DONNA HOWARD: Thank you very much. I appreciate it.
REPRESENTATIVE MARK SHELTON: Thank you. Thank you, Mr. Speaker.
THE CHAIR: Chair calls up House Bill 2327 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2327 by McClendon. Relating to the establishment and operation of a motor-bus-only lane pilot program in certain counties.
THE CHAIR: Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: (Ina udible) Amendments added (inaudible) to the program and clarify to the (inaudible) pull the plug (inaudible) program is increasing accident. And I move to concur with Senate amendments.
THE CHAIR: Mr. Zedler, for what purpose?
REPRESENTATIVE BILL ZEDLER: Would the gentle lady yield?
THE CHAIR: Ms. McClendon, do you yield? Lady yields.
REPRESENTATIVE BILL ZEDLER: Representativ e McClendon, from what I can tell, what they've done is they've added language (inaudible) required certain counties to establish and operate a motor bus only lane pilot's program; is that correct?
REPRESENTATIVE RUTH JONES MCCLENDON: That 's correct.
REPRESENTATIVE BILL ZEDLER: Do you know why they wanted them to them require them to do so?
REPRESENTATIVE RUTH JONES MCCLENDON: Why?
REPRESENTATIVE BILL ZEDLER: Do you want to know why they required them to do so as opposed to allowing them to do so.
REPRESENTATIVE RUTH JONES MCCLENDON: I guess the question is whether or not it's being mandated or whether it's allowing them to do so?
REPRESENTATIVE BILL ZEDLER: Right. In other words, why would we mandate as opposed to simply permit?
REPRESENTATIVE RUTH JONES MCCLENDON: Well frankly, Mr. Zedler, that's the way the bill is written.
REPRESENTATIVE BILL ZEDLER: Okay. Thank you.
REPRESENTATIVE RUTH JONES MCCLENDON: You' re welcome.
THE CHAIR: Representative McClendon moves to concur with Senate amendments to House Bill 2327. Members, this is a record vote. Clerk -- the clerk will ring the bell. Have all members voted? Have all members voted? There being 66 ayes and 71 nays, motion to concur fails. Chair recognizes Representative Solomons for a motion regarding (inaudible).
REPRESENTATIVE BURT SOLOMONS: Members, I think that Ms. McClendon-Jones would like to go to conference now, so I move to reconsider the vote by which -- we just took on the bill. Well, she now wants it not to concur so we --
THE CHAIR: Ms. McClendon moves not to concur and so we'll go to conference on House Bill 2327. Members, is there any objection to the motion? Chair hears none. So ordered. Are there any motions to instruct the conferees? Chair hears none. Chair calls up House Bill 1173 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1173 by Riddle. Relating to the release on bond of certain persons arrested for a misdemeanor without a warrant in certain counties.
THE CHAIR: Chair recognizes representative Riddle.
REPRESENTATIVE DEBBIE RIDDLE: Thank you, Mr. Speaker and members. I'm going to move that we concur with the Senate amendments to HB 1173.
THE CHAIR: Representative Riddle moves to concur with Senate amendments on House Bill 1173. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Show Mr. Torres voting aye. Have all members voted? There being 136 ayes, 1 nay, House Bill 81 -- Members, we're going back to page one. Chair lays out HB 2367 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2367 by Parker. Relating to the creation of an advisory panel to study certain parental rights relating to possession of or access to the parent's child.
THE CHAIR: Chair recognizes Representative Parker.
REPRESENTATIVE TAN PARKER: Mr. Speaker, members, this is the bill we passed to appoint a
(inaudible) panel to study child abduction from parental units, and make a recommendation to the legislature during the interim. And the Senate made one change, a small change to the committee structure. And I move to concur Senate amendment HB 2367.
THE CHAIR: Mr. Parker moves to concur with Senate amendments on House Bill 2367. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Show Mr. Torres voting aye. Have all members voted? There being 138 ayes and 1 nay, House Bill 2367 is passed. Is Representative Laubenberg on the floor? Representative Crownover on the floor? Chair calls up House Bill 411 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 411 by Bench. Relating to the confidentiality of newborn screening information.
THE CHAIR: Chair recognizes Representative Crownover. Chair recognizes Ms. Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. House Bill 411 is the newborn screening bill. The Senate put on another bill for hearing screening, which actually Senator Nelson had passed a (inaudible) bill out of our committee. This is a little bit larger bill that makes the babies come back periodically for updates. That bill died in calendars, so I believe it was (inaudible) that attaches this. I think Ms. Laubenberg moves to concur.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments with House Bill 411. This is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 134 ayes and 4 nays, House Bill 411 passes. Please excuse Representative (inaudible) for important business in the district, on the motion of Representative Isaac. Members, it's the Chair's intention to break for lunch until 3:30. Members, the House stands recessed until 3:30. Chair announces the signing of the following bills:
THE CLERK: HB 14, HB 25, HB 42, HB 78, HB 174, HB 274, HB 275, HB 289, HB 336, HB 359, HB 360, HB 371, HB 384, HB 398, HB 427, HB 452, HB 554, HB 559, HB 645, HB 673, HB 709, HB 710, HB 718, HB 748, HB 782, HB 788, HB 790, HB 805, HB 807, HB 844, HB 850, HB 896, HB 961, HB 1009, HB 1033, HB 1083, HB 1118, HB 1205, HB 1247, HB 1293, HB 1301, HB 1314, HB 1330, HB 1376, HB 1402, HB 1429, HB 1473, HB 1476, HB 1500, HB 1651, HB 1690, HB 1721, HB 1737, HB 1750, HB 1784, HB 1823, HB 1856, HB 1887, HB 1891, HB 1897, HB 1930, HB 1967, HB 1969, HB 1981, HB 1994, HB 2119, HB 2124, HB 2133, HB 2136, HB 2138, HB 2141, HB 2220, HB 2247, HB 2256, HB 2266, HB 2296, HB 2310, HB 2315, HB 2330, HB 2338, HB 2346, HB 2363, HB 2396, HB 2460, HB 2492, HB 2496, HB 2541, HB 2575, HB 2577, HB 2584, HB 2636, HB 2651, HB 2678, HB 2722, HB 2869, HB 2960, HB 2966, HB 2997, HB 3003, HB 3030, HB 3076, HB 3079, HB 3096, HB 3125, HB 3197, HB 3208, HB 3216, HB 3369, HB 3384, HB 3399, HB 3462, HB 3474, HB 3475, HB 3580, HB 3597, HB 3674, HB 3724, HB 3730, HB 3746, HB 3813, HB 3831, HB 3834, HB 3837, HB 3840, HB 3842, HB 3843, HB 3844, HB 3856, HB 3866, HCR 129, HCR 142, HCR 162, SB 20, SB 167, SB 176, SB 181, SB 218, SB 220, SB 229, SB 349, SB 438, SB 548, SB 683, SB 701, SB 761, SB 802, SB 804, SB 810, SB 812, SB 917, SB 1386, SB 1477, SB 1504, SB 1686, SB 1714, SCR 2, SCR 56, SJR 14, SJR 26, SJR 37, SJR 50.
THE CHAIR: House stands in recess until 3:30.
(The House stands in recess.)
THE CHAIR: The House will come to order. Is Mr. Eiland on the floor of the House? Chair recognizes Representative Anchia for a motion.
REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker and members. I move to suspend all necessary rules to take up and consider House Resolution 2335 congratulating the Reverend Albert Haynes Senior for his 40th pastoral anniversary.
THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. The following resolution, clerk will read the resolution.
THE CLERK: HR 2335 by Anchia. WHEREAS, Members of Bethany Missionary Baptist Church in Dallas are gathering in September 2011 to pay tribute to the Reverend Albert Kinder Haynes, Sr., on his 40th pastoral anniversary; and WHEREAS, A native of Beaumont, Reverend Haynes earned his bachelor's degree in engineering from Lamar University and went on to pursue postgraduate studies at the University of Houston and the Southwestern Baptist Seminary Extension in Beaumont; he began his ministerial work at the age of 21, leading New Bethel Baptist and Fellowship Missionary Baptist before joining Bethany Missionary Baptist; through the years, he has ably guided the congregation in its growth and development while assisting members with spiritual and personal concerns; in addition, his efforts were integral to the creation of a $1 million education facility, which was dedicated at the house of worship in 2002; and WHEREAS, Pastor Haynes has further benefited his community through his service as chair of the City of Beaumont Affirmative Action Committee and as president of the Beaumont Branch of the NAACP, the Board of Directors of the North Park Community Development Corporation, and the North Park Ministers Coalition; he has also shared his time with the National Baptist Publishing Board, Educational Advisory Committee of the Beaumont Independent School District, Board of Sickle Cell Foundation, and Board of Directors of Black Adoption Council; and WHEREAS, Reverend Haynes has guided Bethany Missionary Baptist Church with compassion, wisdom, and insight, and he has earned the lasting respect and admiration of his congregants; now therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor the Reverend Albert K. Haynes, Sr., on his 40th pastoral anniversary and extend to him sincere best wishes for the future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Pastor Haynes as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Representative Anchia.
REPRESENTATIVE RAPHAEL ANCHIA: All right. I feel the spirit in this chamber, Mr. Speaker and members. I am honored to introduce distinguished guests from Bethanny Missionary Baptist Church of the community Dallas, joining us in the gallery as you heard earlier. Joining us -- joining us today are the Reverend Albert K. Haynes, Senior, senior pastor, please wave, the Reverend Wayne Wright, associate pastor. The Reverend Isaac Johnson, associate pastor. And Thomas Ellison son is the church trustee. And Ms. Michelle Tucker, who is the church coordinator. For 40 years, members, Pastor Haynes has dedicated his life to providing invaluable pastoral services at the New Bethany Baptist Church, Fellowship Missionary Baptist Church and the Beloved Bethanny Missionary Baptist Church in House District 103. In fact, any time you fly into Love Field you are right next door to Bethanny Baptist Church. Since joining Bethanny Baptist Church in October of 1993, Pastor Haynes' exemplary leadership and efforts have led this congregation to unprecedented growth and success, most notably with the development of a one million dollar education center in 2002. And in addition to his pastoral duties, Pastor Haynes has devoted considerable time to various national, local and nonprofit organizations. I was privileged to have Pastor Haynes as the Pastor of the Day during the 79th Legislature, and I am deeply honored to recognize him today on his 40th pastoral anniversary. Mr. Speaker, members, please join me in welcoming Pastor Haynes and our special guests from Bethanny Missionary Baptist Church to their Texas House of Representatives. I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Giddings moves to add all members' names. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Gutierrez for a motion.
REPRESENTATIVE ROLAND GUTIERREZ: Thank you, Mr. Speaker. Members, at this time I would like to suspend all necessary rules take up HR 2374.
THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Clerk will read the resolution.
THE CLERK: HR 2374 by Gutierrez. Congratulating Velma Sue De Leon on being elected president of the Texas Funeral Directors Association.
THE CHAIR: Chair recognizes Representative Gutierrez.
REPRESENTATIVE ROLAND GUTIERREZ: Move passage.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Representative Hamilton moves to add all members' names. Is there any objection? Chair hears none. So ordered. For what purpose, Mr. Dutton?
REPRESENTATIVE HAROLD DUTTON: My main man is black -- I mean back.
THE CHAIR: Admit your main man.
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 concurs with House amendments, the following measures (inaudible).
THE CHAIR: Mr. Hamilton? Ms. Thompson? Chair recognizes Representative Hamilton.
REPRESENTATIVE HAMILTON: Members, this is HCR No. 172, which is a technical glitch from a previous amended bill, which usurps it, strikes sub -- it strikes a chapter and adds the words subchapter.
THE CHAIR: Members, this is a technical correction. Resolution. It is a record vote, members, on HCR 172. Vote aye, vote nay. The clerk will ring the bell. Have all members voted? Have all members voted? Show Mr. Villarreal voting aye. Have all members voted? There being 141 ayes and 0 nays, motion prevails. Is Representative Menendez on the floor? Chair recognizes Representative Menendez.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker and members. I'd just like to take up and suspend all necessary rules to take up and consider House Resolution 2519.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following resolution, clerk will read the resolution.
THE CLERK: HR 2519 by Menendez. Honoring Alex Briseno on his retirement as the chair of the board of trustees of the San Antonio Water System.
THE CHAIR: Chair recognizes --
REPRESENTATIVE JOSE MENENDEZ: Move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Ms. McClendon? Ms. McClendon? Members, we're getting ready to pick up on page four. Members, these were items that were eligible at 1:50 p.m. today. Chair lays out House Bill 1760 with Senate amendments.
THE CLERK: HB 1760 by Rodriguez. Relating to the creation of the Pilot Knob Municipal Utility District No. 5; providing authority to impose a tax and issue bonds.
THE CHAIR: Chair recognizes Mr. Rodriguez Chair recognizes -- Chair recognizes Ms. Giddings.
REPRESENTATIVE DAWNNA DUKES: Mr. Speaker, members, I move to concur on House Bill 1760 relating to the creation of Pilot Knob Municipal MUD. There was just some minor leaps and bounds that the Senate made, and I would concur with Senate amendments for Representative Rodriguez.
THE CHAIR: Ms. Dukes sends up -- concurs with Senate amendments to House Bill 1760. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 143 ayes, 1 nay, House Bill 1760 passes. Chair recognizes Representative Murphy from Harris -- from Fort Bend or --
REPRESENTATIVE HARRIS: It's Harris, Mr. Speaker. I just want to take a moment, members, and recognize some family members of mine that are joining us here today in the gallery, and here in the east side of the gallery we have the Woodhouse family. We have my brother-in-law, Don; my sister, Kathleen; and my niece, Emma, and my nephew Benjamin. Would you all stand and wave? Very nice. Thank you.
THE CHAIR: Chair calls up House Bill 232 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 232 by Alonzo. Relating to the amendment of restrictions affecting real property in certain subdivisions.
THE CHAIR: Members, we're on page four and the Chair recognizes Mr. White. Chair recognizes Representative Cain.
REPRESENTATIVE ERWIN CAIN: Mr. Speaker, members, the Senate made some minor concurrences in House Bill 232, and I move to concur.
THE CHAIR: Mr. White moves to concur with Senate amendments on House Bill 232. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 144 ayes and 0 nays, House Bill 232 passes. Chair calls up House Bill 362 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 362 by Solomons. Relating to the regulation by a property owners' association of the installation of solar energy devices and certain roofing materials on property.
THE CHAIR: Chair recognizes Mr. Solomons.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker and members. This is the bill we passed out of the House overwhelmingly on solar panels of HOA's. And, believe it or not, the language that's on the Senate amendments created a little bit of litigation issues. We've been working with these groups, actually, since (inaudible). But, any way, at the end, Senator
(inaudible) and I have been talking and I'd like to go to conference and we might be able to bring you a good bill. So I move not to concur with Senate amendments.
THE CHAIR: Mr. Solomons moves not to concur with Senate amendments on House Bill 362. Is there objection to adoption of that motion? Chair hears none. Members, are there any motions to instruct? Chair hears none. Chair -- the clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 352: Solomon, Chair. Bohac, Deshotel, Giddings, Orr.
THE CHAIR: The Chair would like to recognize Dr. Schwertner on his birthday for a recognition.
REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Mr. Speaker. I'd actually like to recognize my lovely wife and my oldest son, who are up here sitting in the gallery, watching us, and visiting us here in the State Capitol today. Welcome to your House.
THE CHAIR: For what purpose, Mr. Chisum?
REPRESENTATIVE WARREN CHISUM: Is Dr. Schwertner already left the mic? They delivered a gift certificate from the chiropractor so I just wondered --
THE CHAIR: Chair recognizes Representative McClendon. Chair recognizes Representative McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. Members, I move to suspend all necessary rules to take up House Resolution No. 2614.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read the resolution.
THE CLERK: HR 2614 by McClendon. Commending Joshua Levine for his service as an intern in the office of State Representative Ruth Jones McClendon.
THE CHAIR: Chair recognizes Ms. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you members, this resolution recognizes Joshua Levine who served as intern in my office. I can tell you that he has done a fantastic job, he's a graduate of Vanderbilt University, with a bachelor's degree in political science, and he is currently attending LBJ School of Public Affairs at the University of Texas in Austin. And he has been employed as a writer, researcher and web designer for the Center for Criminal Justice and Professional Responsibility at Duke Law School, where he conducted research on the legal issues on the practice of illegal sports drugging. And I can tell you that he has contributed greatly to the work in my office and to an (inaudible) effort that's gone towards really making this state a better state in which to live. I am no so proud to have had Josh in my office today. Today is his last day, and would you please join me in congratulating him for all the work that he has done in this session. And in -- Where are you Josh? He's here somewhere. Stand up, Josh. There he is. He's done a fantastic job. Thank you. Mr. Speaker? I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Following resolution, clerk will read the resolution.
THE CLERK: HR 2613 by McClendon. Commending Kori Hattemer for her service as an intern in the office of State Representative Ruth Jones McClendon.
THE CHAIR: Chair recognizes Ms. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker. Again, my interns are from UT Austin is Kori Hattemer, and she has ably served our Texans as an intern in the office. Since joining the staff she had drafted correspondence, summaries, marked the public addresses and hearings and she has also
(inaudible) analyzed budget data and attended policy
(inaudible) she has performed these duties and others with energy and a great deal of intelligence. And her initiative willingness to learn have considerably great
(inaudible) to the efficient operation of the office. We are -- Kori, where are you? There she is. Were we are so proud to have had her in the office she. She's a graduate of UT in Austin with a degree in
(inaudible) and she is currently studying for her master's degree at the LBJ School of Public Affairs where she conducts research as a member of the policy research team. And I'm just am so proud to have had her in my office. She's done a fantastic job. She works from sun up to sun down and she doesn't get paid a quarter. So we are certainly happy to have you, and wish you the best. And Mr. Speaker and members, I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Excuse Representative Wayne Christian because of important business, on a motion by Representative Sid Miller. Chair recognizes Representative Taylor.
REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, I move to suspend all necessary rules to take up and consider House Resolution 2156, 2157, 2158, 2159 2160 and 2291.
REPRESENTATIVE LARRY TAYLOR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Clerk will read the resolutions.
THE CLERK: HR 2291 by Taylor of Collin. Commending Thomas Fulton for his service as an intern in the office of State Representative Van Taylor. HR 2160 by Taylor of Collin. Commending Madeleine Bell for her service as a scheduler and legislative aide in the office of State Representative Van Taylor. HR 2159 by Taylor of Collin. Commending Jordan Williford for her service as a legislative aide in the office of State Representative Van Taylor. HR 2158 by Taylor of Collin. Commending Rachel Pace for her service as an intern in the office of State Representative Van Taylor. HR 2157 by Taylor of Collin. Commending James Zhu for his service as an intern in the office of State Representative Van Taylor. HR 2156 by Taylor of Collin. Commending Drinda Randall for her service as district director for State Representative Van Taylor.
THE CHAIR: Chair recognizes Mr. Taylor.
REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, members of my staff are up in the gallery. My chief of staff, Brittany (inaudible) Mat Creole and Madeline Bell. You guys have gone done a great job, all the interns. Thank you for you hard work this session. Move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Members, we are still on page four. Chair calls up House Bill 2853 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2353 by John Davis of Harris. Relating to tax increment financing.
THE CHAIR: Chair recognizes Mr. Davis of Harris.
REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker and members. Senator Jackson moves to concur with Senate amendments HB 2853. Senator Jackson added two amendments, one simply removes Attorney General for -- to receive the reports, and that was at the request of the AG's. And the second amendment includes a couple of corrections, and one provides so that announced in the project's plan cannot vary materially from the estimate. I move passage.
THE CHAIR: Mr. Davis moves to concur on Senate amendments of House Bill 2853. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 142 ayes, 0 nays, House Bill 2853 passes. Members, we are now on page five. Chair calls up House Bill 1000 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1000 by Branch. Relating to the distribution of money appropriated from the national research university fund; making an appropriation.
THE CHAIR: Chair recognizes Mr. Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker. Members, I move to that we refuse to concur with Senate amendments and go to conference.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 1000: Branch, Chair. Madden, Geren, Johnson, Button.
THE CHAIR: Chair calls up House Bill 2194 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2194 by Taylor of Galveston. Relating to certain election practices and procedures; providing a penalty.
THE CHAIR: Chair recognizes Mr. Taylor of Galveston.
REPRESENTATIVE LARRY TAYLOR: Thank you, Mr. Speaker. The Senate added a number of amendments on this bill a couple of which are not acceptable, and we will probably be adding some amendments ourselves. So I move to not concur and appoint a conference committee.
THE CHAIR: Members, Mr. Taylor moves not to concur on Senate amendments for House Bill 2194. Is there objection to the motion? Chair hears none. Members, is there any emotion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 2194: Taylor of Galveston, Chair. Sarah Davis of Harris, Farias, King of Parker, Pena.
THE CHAIR: Chair calls up House Bill 2909 with Senate amendments.
THE CLERK: HB 2909 by Branch. Relating to increasing awareness in this state of the importance of higher education.
THE CHAIR: Chair recognizes Mr. Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker. Members, I move to concur with a very minor name change. This the Generation Texas week. So I move to concur with Senate amendments.
THE CHAIR: Members, you've heard the motion. Any objection? It's a record vote. Sorry, record vote. The clerk will ring the bell. All members voted? All members voted? Being 139 ayes, 0 nays, House Bill 2909 finally passed. Chair recognizes Representative Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. -- Mr. Speaker and members, I'd like to suspend all necessary rules so the House may take up and consider HCR 173.
THE CHAIR: Members, you've heard the motion. Are there any objections? Chair hears none. Clerk will read the resolution.
THE CLERK: HCR 173 by Thompson. Instructing the enrolling clerk of the house to make corrections in H.B. No. 1451.
THE CHAIR: Chair recognizes Ms. Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker, members, when the Senate amendment House Bill 1451 they forgot to renumber the bill according to the right section. What this resolution would do, it would give us -- the clerk, over on our side, permission) to put the right sections in the right place in the bill. I move adoption.
THE CHAIR: Members, you've heard the motion. Any objection? Are there any objections? Chair hears none. It is a record vote. The clerk will ring the bell. Have all members voted? All members voted? Being 144 ayes, 0 nays, motion is granted. Chair calls up House Bill 2004. The clerk will read the bill.
THE CLERK: HB 2004 by Bonnen. Relating to the sale of certain state property in Brazoria County by the Texas Board of Criminal Justice.
THE CHAIR: Chair recognizes Representative Taylor.
REPRESENTATIVE LARRY TAYLOR: I think, Mr. Speaker, this is on behalf of Representative Bonnen. The bill requires the Texas Board of Criminal justice to sell about 2,200 acres of unimproved property located in Brazoria county. The Senate has a couple of provisions to the bill that are good. They require that the board receive a bid of at least five and a half million, and that the sale of the property includes the (inaudible) entrance to -- We move to concur (inaudible).
THE CHAIR: Members, this is a record vote to concur with the Senate on House Bill 2004. The clerk will ring the bell. All members voted? All members voted? Being 143 ayes, 0 nays, House Bill 2004 finally passed. Clerk -- Chair brings up House Bill 2549. The clerk will read the bill.
THE CLERK: HB 2549 by Crownover. Relating to the authority of a state employee to authorize a deduction from the employee's salary or wage payment for a charitable contribution to certain entities.
THE CHAIR: Chair recognizes Ms. Crownover.
REPRESENTATIVE MYRA CROWNOVER: HB 2549 was a bill to allow the Texas (inaudible) Historical Association to be on the list of people that the state employees could make a voluntary contribution to. The Senate added amendments that we did not feel was well balanced, so I move not to concur.
THE CHAIR: Members, you've heard the motion not to concur with Senate amendments on House Bill 15 -- 2549. Is there any objection? Chair hears none. Is there a motion to instruct the conferees? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 2549: Crownover, Chair. Taylor, Davis, Lewis, McClendon.
THE CHAIR: Chair brings up House Bill 2596. The clerk will read the bill.
THE CLERK: HB 2596 by Garza. Relating to the authority of certain municipalities to lower speed limits on certain highways.
THE CHAIR: Chair recognizes Mr. Aliseda.
REPRESENTATIVE JOSE ALISEDA: Members, the Senate amended Mr. Garza's bill to bracket it to cities under 2000 in population, cleaned up the language to more (inaudible) clearly state -- I move to concur with Senate amendments to House Bill 2596.
THE CHAIR: Mr. Aliseda moves to concur with Senate amendments to House Bill 2596. Clerk -- this is a record vote. The clerk will ring the bell. All members voted? All members voted? There being 141 ayes, 0 nays, House Bill 2596 is finally passed. Chair calls up House Bill 2847. The clerk will read the bill.
THE CLERK: HB 2847 by Madden. Relating to the use of video teleconferencing systems in certain criminal proceedings.
THE CHAIR: Chair recognizes Mr. Madden.
REPRESENTATIVE JERRY MADDEN: Mr. Speaker, this will be a (inaudible) conferencing the Senate amendment, some that'll need some additional work. And I move to not to concur, and to request a conference committee.
THE CHAIR: Mr. Madden moves not to confer with Senate amendment to House Bill 2847. Clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 2847: Madden, Chair. Button, Carter, Lozano, Taylor of Lynn.
THE CHAIR: I'm sorry, members, I should have asked. Is there a motion to instruct? Chair hears none. Chair calls up House Bill 2857. The clerk will read the bill.
THE CLERK: HB 2857 by Gallego. Relating to regulation of outdoor lighting in certain areas; providing a criminal penalty and for injunctive relief.
THE CHAIR: Chair recognizes Mr. Gallego 2857.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. House Bill 2857 is -- relates to McDonald observatory out in Jeff Davis county. The Senate added some amendments, I think it makes the bill a little better and a little tighter, and I move to concur with the Senate amendments.
THE CHAIR: Members, you've heard Mr. Gallego, who wants would like to have -- wishes to concur with Senate amendments to House Bill 2857. This is a record vote. The clerk will ring the bell. All members voted? All members voted? There being 141 ayes, 1 nay, house Bill 2857 finally passes. Chair calls up House Bill 2771. The clerk will read the bill.
THE CLERK: HB 3771 by Harper Brown. Relating to the authority of the Texas Department of Transportation to adopt safety standards for high-speed rail authorizing a fee.
THE CHAIR: Chair recognizes Ms. Crownover.
REPRESENTATIVE CROWNOVER: House Bill 3771 is Linda Harper Brown's bill and it deals with TexDOT and their safety for high speed rail. The Senate added amendments that just gave ledge counsel a language. Move to concur.
THE CHAIR: Ms. Crown-over wishes to concur with Senate amendments on House Bill 3771. It is a record vote. The clerk will -- The clerk will ring the bell. All members voted? All members voted? There being 91 ayes, 47 nays, House Bill 3771 finally passes.
REPRESENTATIVE ROLAND GUTIERREZ: Mr. Speaker?
THE CHAIR: Mr. Gutierrez?
REPRESENTATIVE ROLAND GUTIERREZ: Parliame ntary inquiry, Mr. Speaker.
THE CHAIR: State your inquiry.
REPRESENTATIVE ROLAND GUTIERREZ: If a bill that an author has before us today has amendments that may or may not be germane, and that author were to not concur and send it into conference committee, do points of order violating the one subject rule survive after they come back?
THE CHAIR: Constitutional one subject points of order certainly can be raised on conference reports, so it can be raised on conference reports.
REPRESENTATIVE ROLAND GUTIERREZ: Parliame ntary inquiry, Mr. Speaker. We would still have the ability to be able to call a constitutional one subject point of order if indeed something comes back that's not pertaining to the original subject?
THE CHAIR: The Chair does not deal in hypothetical, but it would review that situation. And if a one subject violation was noticed, we would take appropriate actions.
REPRESENTATIVE ROLAND GUTIERREZ: Thank you, Mr. Speaker.
THE CHAIR: Chair calls up House Bill 6. The clerk will read the bill.
THE CLERK: HB 6 by Eissler. Relating to the foundation curriculum, the establishment of the instructional materials allotment, and the adoption, review, and purchase of instructional materials and technological equipment for public schools.
THE CHAIR: Chair recognizes Mr. Eissler.
REPRESENTATIVE ROLAND GUTIERREZ: Mr. Speaker?
THE CHAIR: Will the gentleman yield? He yields.
REPRESENTATIVE ROLAND GUTIERREZ: Thank you. Chairman, first off, I want to tell you that your underlying bill, HB 6, which I voted on, was a very good fundamental bill for the State of Texas. And I think that we've talked about that, have we not?
REPRESENTATIVE ROB EISSLER: Yes, we have.
REPRESENTATIVE ROLAND GUTIERREZ: Unfortun ately as, we get this -- to this point in the session sometimes things get added on and, indeed, it's come back to us to us with some significant amendments, correct?
REPRESENTATIVE ROB EISSLER: It has.
REPRESENTATIVE ROLAND GUTIERREZ: And you have represented that you may be concurring at this time with those amendments; is that right?
REPRESENTATIVE ROB EISSLER: That is correct.
REPRESENTATIVE ROLAND GUTIERREZ: In particular, can you tell the body the subject matter and total of --
REPRESENTATIVE ROB EISSLER: You mean of the bill or the amendment?
REPRESENTATIVE ROLAND GUTIERREZ: The bill.
REPRESENTATIVE ROB EISSLER: The bill is establishing an instructional materials allotment, and uses income from the permanent school fund.
REPRESENTATIVE ROLAND GUTIERREZ: And there's a couple of amendments, particularly amendment No. 4 and amendment No. 14 that have come back, relating to charter schools, designate bond money for them
(inaudible) primarily I think allotting over ten new licenses for charter schools.
REPRESENTATIVE ROB EISSLER: I don't believe that's germane.
REPRESENTATIVE ROLAND GUTIERREZ: And, okay, and thank you, Mr. Chairman, for that. And to that end, you understand that at present we've discussed the idea that there's potentially a point of order on your original bill?
REPRESENTATIVE ROB EISSLER: I heard something about that.
REPRESENTATIVE ROLAND GUTIERREZ: And --
REPRESENTATIVE ROB EISSLER: Not that it's ever happened before.
REPRESENTATIVE ROLAND GUTIERREZ: Well, there's some people here, Chairman, that are executioners, and some that like to deal in more diplomatic fashion. So, to that end, Mr. Chairman, would you confirm to us that you will do your best efforts to keep amendment No. 4 and number 14 off of your bill?
REPRESENTATIVE ROB EISSLER: I want to keep the bill passed and germane, and I will be asking for a conference committee.
REPRESENTATIVE ROLAND GUTIERREZ: Okay. Mr. Chairman, thank you very much.
REPRESENTATIVE ROB EISSLER: You are welcome, sir. And, Mr. Speaker, I'd like to move not to concur with Senate amendments on House Bill 6 and to have a conference committee.
THE CHAIR: Members, you've heard the motion not to concur with Senate amendments to House Bill 6. Is there a motion to instruct the conferees?
REPRESENTATIVE ROLAND GUTIERREZ: Mr. Speaker, I would offer such a motion to instruct to redact amendment No. 4 and No. 14 and strike them.
THE CHAIR: Please come down front. Chair recognizes Mr. Gutierrez on a motion to instruct. The clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 6: Eissler, Chair. Huberty, Strama Hochberg, Branch.
THE CHAIR: Ms. Gonzales of Hidalgo, please approach the Chair. Chair recognizes Representative Gonzales.
REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker. Members, I move to suspend all necessary rules to take up HR 2386 and ask that it be read in full.
THE CHAIR: Clerk -- Members, you've heard the motion. Are there any objections? Chair hears none. Clerk will read the resolution.
THE CLERK: HR 2386 by Gonzales of Hidalgo. WHEREAS, State Representative Jessica Farrar graduated from The University of Texas School of Law on May 21, 2011; and WHEREAS, Currently serving her ninth term in the Texas House Representative Farrar was first elected in 1994 when she was 27; she serves as vice chair of the House Committee on Environmental Regulation and is a member of the Border and Intergovernmental Affairs Committee; in previous sessions, she has served as vice chair of the House Committee on Land and Resource Management and on the committees for State Affairs, Juvenile Justice and Family Issues, Corrections, County Affairs, Agriculture and Livestock and Appropriations; and WHEREAS, This dynamic Texan also serves as leader of the House Democratic Caucus and is the founder and vice chair of the Women's Health Caucus; in addition, she has served as secretary of the Mexican American Legislative Caucus and as vice chair of the Legislative Study Group; she works extensively on issues related to the environment, women's health, children's health care, education taxes, homeowner rights, homeland and border security, domestic violence, sexual assault, reproductive rights, insurance coverage transportation, discrimination, and criminal and juvenile justice; And WHEREAS, Raised in Houston, Representative Farrar earned her bachelor's degree in architecture from the University of Houston; She is supported in all her endeavors by her husband, Lieutenant Colonel Marco Sanchez, who is also an attorney; as she adds a juris doctorate to her long list of accomplishments, it is indeed a pleasure to recognize our esteemed colleague; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby congratulate the Honorable Jessica Farrar on her graduation from The University of Texas School of Law and extend to her warmest best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for Representative Farrar as an expression of high regard by her colleagues in the Texas House of Representatives.
THE CHAIR: Chair recognizes Ms. Gonzales.
REPRESENTATIVE VERONICA GONZALES: Thank you, Mr. Speaker. Members, I know that you all join me in congratulating Jessica on quite an achievement. It's very hard to split your time among many different things, and Jessica is a just a real champ in being able to do that. We all know her as being a champion for so many types of rights for women, and for children and for border issues. And I know that as an attorney she is going to take that to another level in representing her clients well and making sure that they have the best representation that anyone can get. I know she's very modest about that, and I had asked her do the students in school know that you're in law school? And she said she never told them, and one of them went to an event and they saw the pictures of the event and said oh, my God, you're a Representative. And, of course, then that leads to more questions. What does this statute really mean if you're the one that passed it or someone you know passed it? But she has been a wonderful friend to so many of us, and whether or not you're on the same side of the aisle, whether or not you may disagree on particular policies, we all love Jessica and we know that she's a true champion, and will continue to be now in her role as an attorney. So help me in congratulating her today on this great accomplishment.
THE CHAIR: Chair recognizes Ms. Farrar.
REPRESENTATIVE JESSICA FARRAR: Well members, Mr. Speaker and members, I just want to thank you all so much. Thank you, Veronica, for doing this. You are really sneaky. You sat back there, two seats behind me, and I had no idea she was up to this. But I really want to -- there's so many folks to thank. It was really tough to do. I want to thank my colleagues for carrying a lot of the torches. I want to thank especially my staff who took care of my constituents, and my former staff who have gone on to greener pastures and who've helped so much as well. So anyway we just hopefully will -- we will have -- I'll have more skills with which to come to battle with some of y'all. And he's not here right now, but I really want to thank my husband because -- I want to thank his GI benefits as well. But he was he was terrific through this whole thing, and didn't mind running back and forth to Houston, Houston-Austin, Austin-Houston all the time. So it's been a rough three years. Yes, I will yield.
REPRESENTATIVE RICK HARDCASTLE: Mr. Speaker?
THE CHAIR: Mr. Hardcastle, for what purpose?
REPRESENTATIVE RICK HARDCASTLE: Will the gentle lady yield for one little story?
THE CHAIR: Are you sure you want to yield, Ms. Farrar?
REPRESENTATIVE JESSICA FARRAR: No, I'm not sure.
REPRESENTATIVE RICK HARDCASTLE: Is it true when I first got here we were sitting over here in the corner?
REPRESENTATIVE JESSICA FARRAR: That's correct.
REPRESENTATIVE RICK HARDCASTLE: And you would literally slap Joe Moreno on the hand if he voted me wrong, and tell him if he -- he votes different than us sometimes.
REPRESENTATIVE JESSICA FARRAR: Exactly.
REPRESENTATIVE RICK HARDCASTLE: And I consider that my first lesson in stewardship of the process of the House. And other than the fact I'm going to have to put up with another lawyer, I'm very happy for you today.
REPRESENTATIVE JESSICA FARRAR: Well, Joe and I wanted to make sure that you came back so we had to vote you opposite of us.
REPRESENTATIVE RICK HARDCASTLE: Thank you.
REPRESENTATIVE JESSICA FARRAR: Thank you. Thank you all.
THE CHAIR: Ms. Gonzales?
REPRESENTATIVE VERONICA GONZALES: I move passage.
THE CHAIR: Members, you've heard the motion. Is there any objection? She is a new attorney. Chair hears none. All the lawyers of the House move to make
(inaudible) move to have all members' names added. Is there any objection? Chair hears none. Mr. Hardcastle?
REPRESENTATIVE RICK HARDCASTLE: Mr. Speaker, in the absence of Mr. Dutton, I would tell you our main man is back.
THE CHAIR: Well, admit the main man.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following actions. The Senate has concurred to the House amendments to the following measures: SB 7131 (inaudible).
THE CHAIR: Has the ice sculpture melted over there yet, at the Senate?
MESSENGER: SB 36 --
THE CHAIR: Chair brings up House Bill 242. The clerk will read the bill.
THE CLERK: HB 242 by Craddick. Relating to the authority of certain retired peace officers to carry certain firearms.
THE CHAIR: Chair recognizes Mr. Craddick, who loves lawyers.
REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, this is the bill that we passed on at local calendar that made the federal law and state law equal, as far as retired peace officers for carrying handguns. The Senate added three amendments. One, that is to grant certain former reserve law officers the same opportunity, and they capped that. We had to have 15 year service. Next amendment was the record
(inaudible) that was not (inaudible) to local calendar. Passed the senate under local consent. And all it does is if there -- it creates a Class C misdemeanor for reckless driving if the offense results in serious bodily injury or death by the operation of the passenger. Three, it allows the Public Safety Commission to call on the DCF and special rangers and special Texas Rangers into the specific criteria. And three, it puts the texting bill on. And it changed it. And it's only manual, is explicitly says that where we talked about over here and the GPS and the voice operating technology, we're being -- this is not banned in this bill. So you can do that. So mainly it's only manual. Interesting thing that Gary Elkins told me a while ago, the new iPhone, it's -- Beverly Wooley says she's got one over here, can do texting all by voice mail. So it wouldn't be covered on this. I move to concur.
REPRESENTATIVE WILL HARNETT: Mr. Speaker?
THE CHAIR: Mr. Hartnett.
REPRESENTATIVE WILL HARNETT: Gentleman yield for a question?
THE CHAIR: Do you yield, Dean Craddick?
REPRESENTATIVE TOM CRADDICK: Certainly.
REPRESENTATIVE WILL HARNETT: Tom, texting bill, we passed out, it struck the reading part. So is that still out of this or --
REPRESENTATIVE TOM CRADDICK: It is not -- it is not out of it. So it's not included.
REPRESENTATIVE WILL HARNETT: (inaudible).
REPRESENTATIVE TOM CRADDICK: Here's what you can't do: Read, write or send messages, unless you are stopped.
REPRESENTATIVE WILL HARNETT: So this makes it a crime if I get a text message from my wife and I read it while I'm driving?
REPRESENTATIVE TOM CRADDICK: Sure does. You need to be stopped.
REPRESENTATIVE WILL HARNETT: So we're going to criminalize a whole lot of Texans?
REPRESENTATIVE TOM CRADDICK: I'll call Tammy (inaudible) and tell her not to do that.
REPRESENTATIVE WILL HARNETT: Well, I can't control her sending me a text so --
REPRESENTATIVE TOM CRADDICK: I know.
REPRESENTATIVE WILL HARNETT: And we passed it with the removal of the reading part, correct?
REPRESENTATIVE TOM CRADDICK: That's correct. And it was taken off. That's correct.
REPRESENTATIVE JOSE MENENDEZ: Mr. Speaker, will the gentleman yield for a question?
REPRESENTATIVE TOM CRADDICK: I'll yield.
REPRESENTATIVE JOSE MENENDEZ: Mr. Speaker? Gentleman yield?
THE CHAIR: Mr. Menendez?
REPRESENTATIVE JOSE MENENDEZ: Yeah, current law, right now, right this second; my good friend and I worked together on this, Representative Branch. If you are in a school zone, if you phone rings, you're not to answer it. You don't even pick it up. So what's the difference? If you get a text message wait until you're get to where you're going to read it. I think we're trying to make the Texas roads safer. I applaud you for what you're doing. It specifically now says that if you read it don't -- Look at the road, not the phone. I applaud your desire to concur with the Senate amendments.
REPRESENTATIVE TOM CRADDICK: Thank you.
REPRESENTATIVE EDDIE RODRIGUEZ: Mr. Speaker?
THE CHAIR: Mr. Eddy -- yes.
REPRESENTATIVE EDDIE RODRIGUEZ: The gentleman yields for a question.
REPRESENTATIVE TOM CRADDICK: I yield.
REPRESENTATIVE EDDIE RODRIGUEZ: Dean Craddick, you know, there was testimony in committee. Your bill went to my committee. There was testimony about how dangerous texting can be.
REPRESENTATIVE TOM CRADDICK: Right. I don't know if you remember the statistics, but I was in the Senate when they put this on the other night, it's 23 times more dangerous than being -- driving while your drunk.
REPRESENTATIVE EDDIE RODRIGUEZ: I don't know if you're aware of this that in Austin we do -- that we passed resolutions to try to discourage texting. Are you aware of that, Mr. Speaker?
REPRESENTATIVE TOM CRADDICK: I am. And I don't know if you saw this last week where the attorney general came out with text dot and against texting and said it needed to be banned.
REPRESENTATIVE CAROL ALVARADO: Do you think it's important as a legislative body to tell the people of the Texas that we think that is a dangerous activity and that it is important for them to know that we the discourage them from doing that?
REPRESENTATIVE TOM CRADDICK: I do. I think that the legislature should give the law enforcement people every tool they need to make it safer for the rest of us driving the highways.
REPRESENTATIVE EDDIE RODRIGUEZ: I agree with you, Dean Craddick, and I support this bill.
REPRESENTATIVE RANDY WEBER: Mr. Speaker, will the gentleman yield for some questions?
THE CHAIR: Mr. Weber, for what purpose?
REPRESENTATIVE RANDY WEBER: Gentleman yield?
REPRESENTATIVE TOM CRADDICK: I yield.
REPRESENTATIVE RANDY WEBER: Tom, in response to Jose Menendez's question that it's current law that you cannot answer a phone in a school zone, what's the difference? Wouldn't you agree with me that most people spend most of their time driving in nonschool zones?
REPRESENTATIVE TOM CRADDICK: Well, that's probably right.
REPRESENTATIVE RANDY WEBER: And I don't know what the percentage is, but it's a great bill. So the answer to his question, wouldn't you agree with me, is while we want safety in the school zone at lower rates where kids are present, it's not the same probably some 90 percent of the time. Thank you.
REPRESENTATIVE JOE DRIVER: Mr. Speaker?
THE CHAIR: Mr. Driver?
REPRESENTATIVE JOE DRIVER: Can -- Who do I talk to about germaneness of these amendments?
REPRESENTATIVE TOM CRADDICK: I'm sorry, Joe, I couldn't hear you.
REPRESENTATIVE JOE DRIVER: I was just asking the speaker -- the other speaker about who I talk to about germaneness of the amendments, with addition to it.
THE CHAIR: One second. Members, House Bill 242 is temporarily withdrawn. Chair recognizes Ms. McClendon.
REPRESENTATIVE RUTH JONES MCCLENDON: Than k you, Mr. Speaker and members, I request permission for the Committee on Rules and Resolutions to meet while the House is in session at 5:00 p.m. today, May 27th, year 2011, in room 3W9 to consider resolutions for the Congratulatory and Memorial Calendar.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Clerk will read the announcement.
THE CLERK: The Committee on Rules and Resolutions will meet while the House is in session at 5:00 p.m. today, May 27th, 2011, at 3W. 9. This will be a formal meeting to consider resolutions on a calendar.
THE CHAIR: Chair recognizes Ms. Thompson for a motion.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, I'd like to them suspend all necessary rules so that I may take up and consider House Resolution 2555.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. The clerk will read the resolution.
THE CLERK: HR 2555 by Thompson. Commending Steven E. Simmons for his service to the Texas Department of Transportation.
THE CHAIR: Chair -- Chair recognizes -- The clerk will read the resolution in full.
THE CLERK: HR 2555 by Thompson. WHEREAS, Steven E. Simmons, deputy executive director of the Texas Department of Transportation, has demonstrated great dedication to public service throughout a tenure with the agency spanning nearly three decades; and WHEREAS, Born in Houston, Mr. Simmons earned his bachelor's degree in civil engineering from the University of Houston in 1981 and he joined the Northwest Harris/Waller Area Office of the Texas Department of Transportation as a project manager the following year; he went on to become a licensed professional engineer and was appointed deputy district engineer for the Houston District in 1993; five years later, he was named district engineer for the Fort Worth District, and under his leadership, the staff won the annual Design Excellence Award for a Metropolitan District three times in a row; moreover, he addressed transit issues as a member of the Regional Transportation Council of the North Central Texas Council of Governments; and WHEREAS, He has served as his agency's deputy executive director for almost 10 years; he is a member of the civil engineering advisory boards for The University of Texas at Arlington and the University of Houston, and in 2005, he became the first recipient of the University of Houston Engineering Alumni Association's Distinguished Young Engineering Alumnus Award to also receive the school's Distinguished Engineering Alumnus Award; and WHEREAS, In all his endeavors, Mr. Simmons enjoys the support and encouragement of his wife, Lisa, and their children, Chris and Phillip; he is an Eagle Scout and participates in scouting activities with his two sons, and he also enjoys golf and woodworking; and WHEREAS, Through his hard work and commitment to excellence Steven Simmons has benefited the Texas Department of Transportation and his fellow citizens, and it is indeed fitting to recognize his contributions at this time; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature hereby honor Steven E. Simmons for his service to the Texas Department of Transportation and extend to him sincere best wishes for the future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Simmons as an expression of high regard by the Texas House of Representatives.
THE CHAIR: Chair recognizes Ms. Thompson.
REPRESENTATIVE SENFRONIA THOMPSON: Mr. Speaker and members, I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Mr. Phillips?
REPRESENTATIVE LARRY PHILLIPS: Mr. Speaker, I thankfully move to add all members' names to support this great state employee that has done a marvelous job for the State of Texas, and wishing him the best in his future endeavors.
THE CHAIR: Thank you, Mr. Phillips. Members, you've heard the motion. Is there any objection? Chair hears none. Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. I call on House Bill 3691, which was previously sent to conference. We've had a conversation now with the Senate with respect to the amendments that they put on this, to this bill, which relate to community supervision and intermediate sanctions. And I would move now to discharge the conference -- to discharge the conference committee to concur with the Senate amendments.
THE CHAIR: Members, you've heard the motion to dismiss the conference committee to concur with the Senate amendments on 3691. Are there any objections? This is a record vote. The clerk will ring the bell. There you go. There you go. There you go. All members voted? All members voted? There being 140 ayes, 0 nays, House Bill 3691 finally passes. Chair lays out House Bill 2265. The clerk will read the bill.
THE CLERK: HB 2265 by Ritter. Relating to a county audit of a hotel regarding the hotel occupancy tax.
THE CHAIR: Chair recognizes Mr. Ritter.
REPRESENTATIVE ALLAN RITTER: Thank you, Mr. Speaker. There's one amendment that clarified a county can conduct and audit if they require a file, or did not file a report at all, or filed a report that appeared to be fraudulent. I move to concur with House amendments on House Bill 2265.
THE CHAIR: Members, you have heard the -- Members, you've heard the motion to concur with Senate amendments to House Bill 2265. It is a record vote. The clerk will ring the bell. All members voted? All members voted? There being 100 ayes, 45 nays, House Bill 2265 is finally passed. Members, we're on page three on items eligible at 9:50. Chair lays out House Bill 351. The clerk will read the bill.
THE CLERK: HB 351 by Veasey. Relating to the expunction of records and files relating to a person's arrest.
THE CHAIR: Chair recognizes Mr. Veasey.
REPRESENTATIVE MARC VEASEY: Members, this is a function bill we passed out of the House. The changes made by the Senate make the language in House Bill (inaudible) 61 makes the language identical to the language in Senate Bill 462 and Senate Bill 467, which passed unanimously on the local calendar. I move to concur.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments on House Bill 3 51. It is a record vote. The clerk will ring the bell. Show Ms. Woolley voting aye. Mr. Workman voting aye. All members voted? All members voted? There being 138 ayes, 0 nays, House Bill 35 is finally passed. Members, we're now on page six. Items eligible at 3:20. Chair calls up House Bill 1199. The clerk will read the bill.
THE CLERK: HB 1199 by Gallego. Relating to the penalty for certain intoxication offenses.
THE CHAIR: Chair recognizes Mr. Pete Gallego from Alpine, as he gets up here. Thank you.
REPRESENTATIVE PETE GALLEGO: Thank you so much, Mr. Speaker. House Bill 1199 relates to the penalty for certain intoxication offenses. And before I do that, I'd like to ask permission of the House to add an additional member as a joint author. The amendment that was added was part of legislation that was carried by Trey Martinez Fischer of San Antonio. So I first, before approving the conference committee report, I would ask permission of the House to add his name as a joint author.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none.
REPRESENTATIVE PETE GALLEGO: Thank you.
THE CHAIR: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. House Bill 1189 -- 1199 is a DWI bill, and the amendment that was added by the Senate essentially provides for a type of aggravated DWI. If you have a alcohol level of 0.150 or more at the time the analysis is performed, it automatically makes it a Class A misdemeanor. And, in addition, the other amendment by the Senate names that the Adella (inaudible) act after a very young child in the Dallas, Fort Worth area is in a persistent vegetative state as a result of a DWI. So I would move to concur with the Senate amendments.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments to House Bill 1199. It is a record vote. The clerk will ring the bell. All members voted? All members voted? There being 141 ayes, 2 nays, House Bill 1199 finally passes. Chair calls up House Bill 2931. The clerk will read the bill.
THE CLERK: HB 2139 by Woolley. Relating to debt cancellation agreements.
THE CHAIR: Chair recognizes Ms. Woolley.
REPRESENTATIVE BEVERLY WOOLLY: Thank you, Mr. Speaker. Members, HB 2931 relates to statutory debt consolation agreements. The Senate added one agreed to amendment that allows the office of the consumer credit commission to regulate both the rate and forms used for debt cancellation agreements, and adds more consumer disclosure, establishes recordkeeping requirements and addresses open records provisions. In addition, I'd like to clarify my intent as at Section 348.603, Subsection 7 of the finance code, it's my intent that in addition to the document describes Section (inaudible) 348 Section (inaudible) Subsection 6 who may include other provisions, only so long as it doesn't violate the other provisions of the finance code. I move to concur with Senate amendments.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments to House Bill 2931. This is a record vote. The clerk will ring the bell. All members voted? Mr. Veasey? All members voted? Being 137 ayes, 0 nays, House Bill 2931 is finally passed. Chair calls up House Bill HB 2743. The clerk will read the bill.
THE CLERK: HB 3743 by Workman. Relating to the rights, powers, functions, and duties of the West Travis County Municipal Utility District No. 5.
THE CHAIR: Chair recognizes Mr. Workman.
REPRESENTATIVE PAUL WORKMAN: Mr. Chairman, members, this is a bill that supports one of the MUDs that's in my district. And the Senate added two amendments. To my great dismay they took away the ability for us to build toll roads, and in this subdivision I had intended on building a four lane toll road, but they won't let me and they've taken my eminent domain power. So I'll just have to live with it. So I move to concur with Senate amendments.
THE CHAIR: Mr. Workman moves to concur with Senate amendments to House Bill 3743. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 142 ayes, 0 nays, House Bill 3743 finally passes. Chair brings up House Bill 3845. The clerk will read the bill.
THE CLERK: HB 3845 by Sheffield. Relating to the powers of the CLL Municipal Utility District No. 1; providing authority to levy an assessment, impose a tax, and issue bonds.
THE CHAIR: Chair recognizes Mr. Sheffield.
REPRESENTATIVE SHEFFIELD: Thank you, Mr. Speaker, members, basically, just like Workman said, that this is a MUD district bill for me and my district and they took out the ability to build toll roads, which is just fine with me, it was located. And they also took powers of eminent domain away for any improvement projects, and also to have any taxes, the tax in there as got to be done by election, and I concur.
THE CHAIR: Mr. Sheffield moves to concur with Senate amendments on House Bill 3845. It is a record vote. The clerk will ring the bell. All members voted? All members voted? Being 141 ayes, 0 nays, House Bill 3845 finally passes. Chair calls up House Bill 1638. The clerk will read the bill.
THE CLERK: HB 1638 by Aliseda. Relating to the disqualification of a district or county attorney who is the subject of a criminal investigation.
THE CHAIR: Chair recognizes Mr. Aliseda.
REPRESENTATIVE JOSE ALISEDA: Members, the Senate added one term to my bill by a law enforcement agency, this is agreed upon language by the District Attorney (inaudible) and the Attorney General's office. I think this is good amendment. Therefore, I move to concur with Senate amendments to House Bill 1638.
THE CHAIR: Members, you've heard the motion from Mr. Aliseda to concur with Senate amendments to House Bill 1638. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 139 ayes, 0 nays, House Bill 1638 finally passes. Clerk -- Mr. Doorkeeper?
DOORKEEPER: Mr. Speaker, there is a messenger from the Senate at the door of the House.
THE CHAIR: All right. Were y'all fighting to see who is going to do it, or what?
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House that the Senate has taken the following actions, the senate has concurred on the following actions:
THE CHAIR: One second, one second, one second. Mr. Doorkeeper, are you allowed to speak in the Senate?
DOORKEEPER: Yes, sir, I am.
THE CHAIR: With like volume and just you -- are you animated and do you go in and do a good job over there for us?
DOORKEEPER: I try.
THE CHAIR: All right. Thank you, sir. All right. You can go ahead, sir.
MESSENGER: SB 197, (inaudible) SB 462 --
THE CHAIR: Do you read like that or I mean you put some emphasis on what we're doing over here, that we're really working hard? Do you? Or do you mumble? We shouldn't mumble.
MESSENGER: SB 1000, SB 1413 --
THE CHAIR: Of course, that's how Mr. Gallego got his start.
MESSENGER: SB 17 --
THE CHAIR: Thank you. Chair calls up House Bill HB 3804. The clerk will read the bill.
THE CLERK: HB 3804 by Gallego. Relating to the creation of the Lajitas Utility District No. 1 of Brewster County; providing authority to impose taxes and issue bonds; granting a limited power of eminent domain.
THE CHAIR: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. House Bill 3804 is about the utility district No. 1 in Brewster County, Texas. The Senate added an amendment that which advised the district of the decrease to the size of the district, and I would move to concur with Senate amendments.
THE CHAIR: Members, you've heard Mr. Gallego wishes to concur with Senate amendments to House Bill 304. It is a record vote. The clerk will ring the bell. All members voted? All members voted? Being 140 ayes, 0 nays, House Bill 3804 finally passes. Chair calls up House Bill 2102. The clerk will read the bill.
THE CLERK: HB 2102 by Hernandez Luna. Relating to the requirement that certain mammography reports contain information regarding supplemental breast cancer screening.
THE CHAIR: Chair recognizes Representative Luna.
REPRESENTATIVE ANA HERNANDEZ LUNA: Thank you members. The Senate removed the insurance section of the bill and added an educational piece providing notice that a woman that may benefit from screening, I move to concur with Senate amendments.
THE CHAIR: You heard Ms. Hernandez Luna. Members, the motion by Ms. Hernandez Luna concurs with Senate amendment to House Bill 2192. It is a record vote. The clerk will ring the bell. All members voted? All members voted? There being 136 ayes, 5 nays, House Bill 2102 is finally passed. Members, Mr. Hopson is telling me that Billy Hopson will be here in Austin tonight. Chair recognizes the birthday boy, Dr. Schwertner, and calls up House Bill -- just a minute, Dr. Schwertner. Just a minute. Time out. Chair calls up House Bill 680. The clerk will read the bill.
THE CLERK: HB 680 by Schwertner. Relating to complaints filed with the Texas Medical Board.
THE CHAIR: Dr. Schwertner walks to the mic, he gets ready. Go.
REPRESENTATIVE CHARLES SCHWERTNER: Thank you, Mr. Speaker. I'm going move to concur with the Senate committee substitute. The original bill extended the time frame in which the Texas Medical Board shall complete a preliminary investigation from 30 to 45 days. The Senate kept in the language and added additional provisions agreed to by both chambers of
(inaudible) including no anonymous complaints, allowing for the recording of informal conferences --
THE CHAIR: Dr. Schwertner, Dr. Schwertner, Ms. Thompson says you're talking too fast.
REPRESENTATIVE CHARLES SCHWERTNER: I'm sorry.
THE CHAIR: Ms. King?
REPRESENTATIVE PHIL KING: Mr. Speaker?
THE CHAIR: Ms. King, for what purpose?
REPRESENTATIVE SUSAN KING: Question for Dr. Schwertner.
THE CHAIR: Dr. Schwertner.
REPRESENTATIVE SUSAN KING: And is this an increase in reform that everyone has been wanting for the Texas Medical Board?
REPRESENTATIVE CHARLES SCHWERTNER: This is.
REPRESENTATIVE SUSAN KING: Thank you very much. I appreciate you bringing this --
THE CHAIR: Mr. Kuempel, for what purpose?
REPRESENTATIVE JOHN KUEMPEL: Gentleman yield?
REPRESENTATIVE CHARLES SCHWERTNER: I will yield.
REPRESENTATIVE JOHN KUEMPEL: Dr. Schwertn er, is it really your birthday today?
REPRESENTATIVE CHARLES SCHWERTNER: My birthday is Sunday, actually.
REPRESENTATIVE JOHN KUEMPEL: Thank you. So you've been lying to us?
REPRESENTATIVE CHARLES SCHWERTNER: No, no, Mr. (inaudible) got it wrong.
THE CHAIR: Ms. King.
REPRESENTATIVE SUSAN KING: Dr. Schwertner.
REPRESENTATIVE CHARLES SCHWERTNER: Yes.
REPRESENTATIVE SUSAN KING: (Inaudible) beautiful woman today, outside the elevator going to the extension with three very active young men, and I asked them if they needed to get in because we have to watch for things like that. And she said I guess I should have called my husband and I said who is your husband? Congratulations on a great family. We let them in.
REPRESENTATIVE CHARLES SCHWERTNER: Thank you very much, Representative King. Thank you. Members, I move to concur with the Senate committee substitute for HB 8680.
THE CHAIR: Ms. Thompson.
REPRESENTATIVE LOIS KOLKHORST: Mr. Speaker?
THE CHAIR: Ms. Kolkhorst?
REPRESENTATIVE LOIS KOLKHORST: Would the gentleman yield?
THE CHAIR: Will the gentleman yield?
REPRESENTATIVE CHARLES SCHWERTNER: I will yield, yes.
REPRESENTATIVE LOIS KOLKHORST: I think your wife is in the practice of medicine, right?
REPRESENTATIVE CHARLES SCHWERTNER: She is, yes.
REPRESENTATIVE LOIS KOLKHORST: We have a joke on going in our health committee. Is she mid level or above mid level?
REPRESENTATIVE CHARLES SCHWERTNER: She is a obstetrician.
THE CHAIR: All right. Members, you've heard the motion by Dr. Schwertner --
REPRESENTATIVE CHARLES SCHWERTNER: Ms. Thompson would like me to repeat the -- Never mind. I mover to concur with the committee substitute --
THE CHAIR: Members, you've heard the motion to concur with House Bill 680. It is a record vote. The clerk will ring the bell. Have all members voted? Think about this bill, members. All members voted? There being 140 ayes, 0 nays, House Bill 680 is finally passed. Chair recognizes Representative Turner for an introduction.
REPRESENTATIVE SYLVESTER TURNER: Thank you, Mr. Speaker, members. If you would join me, I've had some wonderful interns for this legislative session that have done an outstanding job for my district and for the people of the State of Texas. That's Nicholas Giles and Lisa Sharrad and also Cristel Braden. And Nicholas will be fishing law school in Baton Rouge shortly, and Lisa will be completing her master's at Texas Southern University, Crystal will be returning back to my district. So if they would please stand? I appreciated all of them for the hard work that they have done. Thank you so very much. I wish you the very, very best.
THE CHAIR: Chair calls up House Bill 992. The clerk will read the bill.
THE CLERK: HB 992 by Castro. Relating to excess undergraduate credit hours at public institutions of higher education.
THE CHAIR: Chair recognizes Mr. Castro.
REPRESENTATIVE JOAQUIN CASTRO: Thank you, Mr. Speaker and members. House Bill 992 was about two things: It was about excess credit hours and also flexibility on the (inaudible) rule. Also essentially it did away with the language (inaudible) rules. And I and I move to concur (inaudible).
THE CHAIR: Mr. Castro moves to concur with Senate amendments on House Bill 992. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 108 ayes, 32 nays, House Bill 992 is finally passed. Earlier today, members, House Bill granted the conference committee to House Bill 2327. At this time, the Chair will name the conferees.
THE CLERK: House conferees for conference committee on HB 2327: McClendon, Chair. Fletcher, Harper-Brown, Pickett, Rodriguez.
THE CHAIR: Chair lays out House Bill 3025. The clerk will read the bill.
THE CLERK: HB 3025 by Branch. Relating to the filing of a degree plan by undergraduate students at public institutions of higher education.
THE CHAIR: Chair recognizes Mr. Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, members, I move not to concur with Senate amendments and move to have a conference committee.
THE CHAIR: Members, you've heard the motion -- you've heard that Mr. Branch wishes not to concur, the Senate amendments on House Bill 3025. The clerk will read the conference committee -- and are there any motion -- is there any motion to instruct? Chair hears none. Clerk will read the conference committee.
THE CLERK: House conferees conference committee on HB 3025: Branch, Chair. Bonnen, Howard of Travis, Johnson, Ritter.
THE CHAIR: Members, on page 6 at the bottom of the page, House Bill 2794 has been removed. We are now on page 7. Chair lays out House Bill 3395.
THE CLERK: HB 3395 by Callegari. Relating to state purchasing preferences for recycled products and to the efficient operation of certain telecommunications entities.
THE CHAIR: Chair recognizes Mr. Callegari. House Bill 3395.
REPRESENTATIVE BILL CALLEGARI: Mr. Speaker, members, I move to concur with Senate amendments. That was an amendment to allow telephone companies to publish their directory on the internet, and I move to concur.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments to House Bill 3395. This is a record vote. The clerk will ring the bell. All members voted? Show Mr. Smith voting aye. All members voted? All members voted? Being 140 ayes, 0 nays, House Bill 3395 finally passed. Chair lays out House Bill 3453. The clerk will read the bill.
THE CLERK: HB 3453 by Garza. Relating to the regulatory authority of the consumer credit commissioner and to fees and interest charged in connection with consumer credit transactions.
THE CHAIR: Chair recognizes Mr. Raphael Anchia from Dallas County. Welcome.
REPRESENTATIVE RAPHAEL ANCHIA: Thank you, Mr. Speaker. I move to concur with Senate amendments. The Senate added amendments to House Bill 3453 that included several technical corrections recommended by the office of consumer credit commissioner to ensure consistency in terminology and strike orphan references in Title 4 of the finance code.
THE CHAIR: Members, you've heard the motion to concur with Senate amendments to House Bill 3453. It is a record vote. The clerk will ring the bell. All members voted? All members voted? There being 77 ayes, 62 nays, house Bill 3553 finally passes. Chair lays out House Bill 3459. The clerk will read the bill.
THE CLERK: HB 3459 by Eiland. Relating to the containment of costs incurred in the correctional health care system.
THE CHAIR: Chair recognizes Mr. Eiland as he strolls to the front. Chair recognizes -- Members, we will back. There's been a change to not to concur, so we will come back to that bill. Chair lays out -- Madam Doorkeeper?
DOORKEEPER: Mr. Speaker, I have a messenger from the Senate at the door of the House.
THE CHAIR: He was just here. And there's more? All right.
MESSENGER: Mr. Speaker, I'm directed by the Senate to inform the House that the Senate has taken the following action. The Senate has passed the following measures, HCR 172 Hamilton, Watson and --
THE CHAIR: Thank you. Members, we're on now on page 7, items eligible at 4:00 o'clock, 4:00 o'clock p.m. Chair lays out House Bill 3468. The clerk will read the bill.
THE CLERK: HB 3468 by Patrick. Relating to high school readiness, to the assessment of public school students for college readiness and developmental education courses to prepare students for college-level coursework, and to teacher certification to teach at certain grade levels in public school.
THE CHAIR: Chair recognizes Ms. Patrick.
REPRESENTATIVE DIANE PATRICK: Mr. Chair, members, this bill deals with developmental education. The Senate added some amendments that we needed to discuss further. I move not to concur with Senate amendments and go to conference.
THE CHAIR: Members, you've heard the motion not to concur with Senate amendments. Are there any instructions -- Is there a motion to instruct the conferees? Chair hears none. Clerk will read the list of conferees.
THE CLERK: House conferees conference committee on HB 3468: Patrick, Chair. Aycock, Branch, Howard of Travis, Shelton.
THE CHAIR: Chair lays out House Bill 2662. The clerk will read the bill.
THE CLERK: HB 2662 by Hochberg. Relating to the criteria for determining whether a child is a missing child.
THE CHAIR: Chair recognizes Mr. Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker. Members, this bill was about the ability to put a missing child on a missing persons list. The Senate merely added some draft language and replaced the language that we sent them and so I would move we concur with Senate amendments.
REPRESENTATIVE PETE GALLEGO: Mr. Speaker?
THE CHAIR: Mr. Gallego, for what purpose?
REPRESENTATIVE PETE GALLEGO: Will the gentleman yield for a question?
THE CHAIR: Will you yield, Mr. Hochberg?
REPRESENTATIVE SCOTT HOCHBERG: Reluctantly .
REPRESENTATIVE PETE GALLEGO: Reluctantly? Mr. Hochberg, won't you tell the members how many sessions you've been working on this bill?
REPRESENTATIVE SCOTT HOCHBERG: Actually, this bill, Mr. Gallego, is not the bill that I was working on for six sessions and passed. This is the bill that I just came up with the idea on this session. So thank you for log me to talk about the bill that I worked on for six sessions and finally passed, and for helping me with that. But this is not that bill.
REPRESENTATIVE PETE GALLEGO: Okay.
REPRESENTATIVE SCOTT HOCHBERG: Okay. So I would move we concur before we get into any more trouble.
THE CHAIR: Members, Mr. Hochberg moves to concur with Senate amendments to House Bill 2662. It is a record vote. The clerk will ring the bell. All members voted? All members voted? Being 142 ayes, 0 nays, House Bill 2662 finally passes. Chair lays out House Bill 2655. The clerk will read the bill.
THE CLERK: HB 2655 by Sheets. Relating to notice of coverage reduction on renewal of a property/casualty insurance policy.
THE CHAIR: Chair recognizes Mr. Sheets.
REPRESENTATIVE KENNETH SHEETS: Thank you Mr. Chair. This bill would allow insurance (inaudible) to inform customers of the changes without nonrenewal or threaten with nonrenewal. The Senate amendment merely stated that the notice must be in writing. And I move to concur.
THE CHAIR: Major Sheets moves, and his pet. Mr. Aliseda?
REPRESENTATIVE JOSE ALISEDA: I'd like to know if the gentleman would yield?
THE CHAIR: Will you yield, Mr. Sheets?
REPRESENTATIVE JOSE ALISEDA: Mr. Sheets, what did you shoot today?
REPRESENTATIVE KENNETH SHEETS: Oh, Judge, I don't keep score.
REPRESENTATIVE JOSE ALISEDA: And how do you measure yourself with other legislators.
REPRESENTATIVE KENNETH SHEETS: By height.
REPRESENTATIVE JOSE ALISEDA: Then you're going to come up short.
REPRESENTATIVE KENNETH SHEETS: Move to concur.
THE CHAIR: Mr. Sheets moves to concur with Senate amendments on House Bill 2655. This is a record vote. The clerk will ring the bell. All members voted?
UNIDENTIFIED SPEAKER: No.
THE CHAIR: Well, let's do it. 141 ayes, 0 nays, House Bill 2655 finally passes. Chair lays out House Bill 3117. The clerk will read the bill.
THE CLERK: HB 3117 by Vo. Relating to the reporting of information to claims databases by insurers.
THE CHAIR: Chair recognizes Ms. Howard.
REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker Members, this is Representative Vo's bill, house Bill 3117. He moves not to concur and appointment a conference committee.
THE CHAIR: Members, you've heard the motion not to concur with Senate amendments of House Bill 3117. Is there a motion to instruct the conferees? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 3117: Vo, Chair. Eiland, Sheets, Smithee, Taylor of Galveston.
THE CHAIR: Chair lays out House Bill 218. The clerk will read the bill.
THE CLERK: HB 218 by Gallego. Relating to possessing a glass container within the boundaries of certain riverbeds; providing criminal penalties.
THE CHAIR: Chair recognizes Mr. Gallego. Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, House Bill 218 is a local bill for Hidalgo County that forbids essentially glass containers in the boundaries of the rivers there. And I would move to concur, the Senate language tightened it up a little bit. I would move to concur on a Senate amendment.
THE CHAIR: Mr. Gallego moves to concur with Senate amendments to House Bill 218. This is a record vote. The clerk will ring the bell. All members voted? All members voted? Being 134 ayes, 6 nays, House Bill 218 finally passes. House Bill calls -- Chair calls up House Bill 422. The clerk will read the bill.
THE CLERK: HB 422 by Guillen. Relating to certain oversize and overweight permits issued by the Texas Department of Transportation.
THE CHAIR: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, we worked with the Senate and the lieutenant governor to come up with a compromised bill. The Senate made a small change to make sure more
(inaudible) can be consolidated into one. That's completely in line with the original intent of the bill, and so I move to concur with Senate amendments.
THE CHAIR: Members, you've heard the motion by Mr. Guillen to concur with Senate amendments on House Bill 422. It is a record vote. The clerk will ring the bell. All members voted? All members voted? Being 128 ayes, 10 nays, House Bill 422 finally passes. Congratulations, Mr. Guillen. Members, we're going back the middle of page seven, items eligible at 4:00 p.m. Chair calls up House Bill 167.
THE CLERK: HB 167 by Raymond. Relating to the transportation of certain mental health patients.
THE CHAIR: Chair recognizes Mr. Raymond.
REPRESENTATIVE RICHARD RAYMOND: Thank you, Mr. Speaker. Members, this bill is relating to transportation of certain mental health patients. What we did is we established a list of qualified transportation service providers. The Senate added to that that the county could -- a county could contract with qualified transportation service providers on terms acceptable to the county, and that a person must be listed as a qualified transportation service providers. I move to concur with Senate amendments.
THE CHAIR: Members, you've heard the motion by Mr. Raymond to concur with Senate amendments to House Bill 167. It is a record vote. The clerk will ring the bell. All members voted? All members voted? Being 137 ayes, 3 nays, House Bill 167 finally passes. Chair calls up House Bill -- Chair calls up House Bill 550. The clerk will read the bill.
THE CLERK: HB 550 by Dutton. Relating to an exemption to the requirement for a fishing license for residents of a certain age.
THE CHAIR: Chair recognizes Mr. Dutton, it's House Bill 550.
REPRESENTATIVE HAROLD DUTTON: Members, the Senate went back to the way the bill was, and so now the only way to get a free fishing license is you have to be not 81. You have to be 80.
THE CHAIR: Mr. Dutton moves to concur with House Bill 550. It is a record vote. The clerk will ring the bell. All voted? All voted? Being 139 ayes, 0 nays, House Bill 550 finally passes. Congratulations, Mr. Dutton. Members, we're on page 8. Items eligible, 5:10. That's 5:10 p.m. Chair calls up House Bill 811.
THE CLERK: HB 811 by Darby. Relating to the powers and duties of the Scurry County Hospital District.
THE CHAIR: Mr. Darby? Chair recognizes Mr. Darby.
REPRESENTATIVE DREW DARBY: Senate just simply stripped out part of the language regarding the hospital district, and left in the part about being able to issue bonds. And I concur.
THE CHAIR: Mr. Darby moves to concur with the Senate amendments to House Bill 811. It is a record vote. The clerk will ring the bell. All members voted? All members voted. Being 142 ayes, 0 nays, House Bill 811 finally passes. Chair calls up House Bill 1496. Calls on Mr. Gallego. The clerk will read the bill.
THE CLERK: HB 1496 by Gallego. Relating to the contracting authority of the Val Verde County Hospital District.
THE CHAIR: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. This is another local bill for another county hospital district. And what this bill does is it increases the ability to contract. And the Senate amendments lowered the original House Bill from 100,000 to 50,000, but I'd move to concur with the Senate amendments.
THE CHAIR: Mr. Gallego moves to concur with Senate amendments to House Bill 1496. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 140 ayes, 0 nays, House Bill 1496 finally passes. Chair lays out House Bill 3827. The clerk will ring the bell.
THE CLERK: HB 3827 by Zerwas. Relating to the creation of the Fulshear Town Center Management District; providing authority to impose an assessment, impose a tax, and issue bonds.
THE CHAIR: Chair recognizes Dr. Zerwas.
REPRESENTATIVE JOHN ZERWAS: Thank you, Mr. Speaker and members, this is a bill that we passed on the Local and Consent Calendars. It came back with two Senate amendments, which simply inserted the names of the board of directors. And it adds some language providing that the hotel occupancy tax may not exceed the rates provided by the tax code. And I would move to concur with Senate amendments.
THE CHAIR: Dr. Zerwas moves to concur with Senate amendments to House Bill 3827. With House Bill 3827. It is a record vote. The clerk will ring the bell. All members voted? All members voted? Being 139 ayes, 3 nays, House Bill 3827 finally passes. House calls on House Bill 2089. The clerk will read the bill?
THE CLERK: HB 2089 by Smithee. Relating to the resolution of overpayment or underpayment of income benefits under the workers' compensation program
THE CHAIR: Mr. Smithee? Chair recognizes Mr. Smithee.
REPRESENTATIVE JOHN SMITHEE: Mr. Speaker and members, this is as bill that dealt with overpayment --
THE CHAIR: John, just one second.
REPRESENTATIVE JOHN SMITHEE: Okay.
THE CHAIR: Members, we're on page 8, middle of the page. Items eligible at 4:40 p.m. Mr. Smithee?
REPRESENTATIVE JOHN SMITHEE: Mr. Speaker, members, this is a bill that relayed when workers' compensation carrier either overpays or underpays a claimant inadvertently, and to be able to adjust that at a later time. The house passed the bill. The Senate really just made a minor adjustment and so I would move to concur on Senate amendments.
THE CHAIR: Mr. Smithee moves to concur with Senate amendments to House Bill 2089. It is a record vote. The clerk will ring the bell. Have all members voted? All members voted? 142 ayes, 0 nays, House Bill 2089 finally passes. Chair lays out House Bill 1111. The clerk will read the bill.
THE CLERK: HB 1111 by Hartnett. Relating to a tenant's failure to pay rent during an appeal of an eviction for nonpayment of rent after filing a pauper's affidavit.
REPRESENTATIVE WILL HARNETT: Thank you, Mr. Speaker. Members, the Senate made some minor changes to this bill that were agreed to by the Texas Department Association and the Texas Housing Justice League, on behalf of tenants. Changes regard JP jurisdiction and writ of possession and evictions, I move to concur with the amendment.
THE CHAIR: Mr. Hartnett -- Mr. Hartnett moves to concur with Senate amendments to House Bill 1111. It is a record vote. The clerk will ring the bell. Mr. Hunter voting aye. All members voted? All members voted? 141 ayes, 0 nays, House Bill 1111 finally passes. Chair lays out House Bill 2981. The clerk will read the bill.
THE CLERK: HB 2981 by Hunter. Relating to the operation on a highway or street of a motor vehicle that is drawing a boat or personal watercraft in or on which a child is riding; providing a penalty.
THE CHAIR: Chair recognizes Mr. Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker, members, this particular bill minor, I'm going to move to concur. They were clarifying it. Use it on beaches.
THE CHAIR: Mr. Hunter moves to concur with Senate amendments on House Bill 2981. It is a record vote. The clerk will ring the bell. Show Mr. Hunter voting aye. Oh, you voted aye? Okay. All members voted? All members voted? There being 140 ayes, 1 nay, House Bill 2981 finally passes. Chair calls up House Bill 3409. The clerk will read the bill.
THE CLERK: HB 3409 by Kolkhorst. Relating to reporting of lobbying activities and changes in lobbying activities.
THE CHAIR: Chair recognizes Miss Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. This is the bill that shortens the reporting window for lobbyists to report during a legislative session. The Senate made a minor change in the language in adding Section 3 on the bottom of page two. They kept our increased lobby disclosure provision intact and added a short section to clarify a confusing part of the (inaudible) dealing with (inaudible) staff members or a member of your immediate family. We talked and I think it's a reasonable clarification. It really doesn't change anything. It just gives clear guidance to the Ethics Commission on what that law is. Therefore, I respectfully recommend that the House concur.
THE CHAIR: Ms. Kolkhorst moves to concur with Senate amendments to House Bill 3409. This is a record vote. The clerk will ring the bell. All members voted? All members voted. 140 ayes, no nays, House Bill 3409 finally passes. Chair lays out House Bill 2463. The clerk will read the bill.
THE CLERK: HB 2463 by Reynolds. Relating to access to certain records regarding an employment discrimination claim.
THE CHAIR: Chair recognizes Mr. Reynolds.
REPRESENTATIVE RON REYNOLDS: Thank you, Mr. Speaker. Members, the amendment that the Senate put on addresses an incompatibility in the bill between the federal law and state regulations. And also addresses a confidentiality issue with the (inaudible) complaint. The Senate changes made the bill slightly better. I move to concur with Senate amendments to HB 2463.
THE CHAIR: Mr. Reynolds moves to concur with Senate amendments to House Bill 2463. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 143 ayes, 0 nays, House Bill 2463 finally passes. Congratulations, Mr. Hartnett, Mr. Reynolds. Chair calls up House Bill 2702. The clerk will read the bill.
THE CLERK: HB 2702 by Solomons. Relating to the application of statutes that classify political subdivisions according to population.
THE CHAIR: Chair recognizes Mr. Solomons.
REPRESENTATIVE BURT SOLOMONS: Thank you, Mr. Speaker and members. The Senate added two minor amendments to the bill, both which are local issues. One, involving the City of Midland, concerning the water code, so they can continue to meet their demand, and the amendment establishes the ensured (inaudible) no other counties are unintentionally affected by the local provision. And the second amendment primarily -- dealt with go -- two counties, but it only really affects at the end Hopkins County, which retains the authority to a local hotel occupancy (inaudible) hotel occupancy tax, and I move to concur with these Senate amendments.
THE CHAIR: Mr. Solomons moves to concur with Senate amendments to House Bill 2702. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 140 ayes, 2 nays, House Bill 2780 finally passes. Chair recognizes Mr. Bohac for an announcement.
REPRESENTATIVE DWAYNE BOHAC: Mr. Speaker, members, today is a wonderful day, it truly, truly is my wife's birthday today and she is at home with three of our kids, watching the streaming video, around our table. So I want to say hello to Dawn, my wife; Reagan, my six year-old; and the twins that are 11. Daddy loves y'all, and I love love y'all, and we'll be home in three days. And I know everybody in this body can't wait to get home and see their kids, so we love y'all.
THE CHAIR: Is she making a casserole for everybody?
REPRESENTATIVE DWAYNE BOHAC: What's that?
THE CHAIR: Is she making a casserole for everybody?
REPRESENTATIVE DWAYNE BOHAC: They're having Chinese food tonight.
THE CHAIR: Oh, okay. Mr. Bonnen?
REPRESENTATIVE DENNIS BONNEN: Parliamenta ry inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE DENNIS BONNEN: Could you tell me who the speaker and his chief of staff are? I need to visit with them and I can't find them
(inaudible).
THE CHAIR: I am not advised. I have no idea whether they are (inaudible).
REPRESENTATIVE DENNIS BONNEN: So in the final days in the final moments of getting conference committee reports, we don't know where the speaker or his chief of staff are?
THE CHAIR: Mr. Bonnen, I am not advised. I don't know.
REPRESENTATIVE DENNIS BONNEN: Thank you. Chair brings up House Bill 742. The clerk will read the bill.
THE CLERK: HB 742 by Hunter. Relating to student information required to be provided at the time of enrollment in public schools.
THE CHAIR: Chair recognizes Mr. Hunter.
REPRESENTATIVE TODD HUNTER: Mr. Speaker members, there was a minor change place and clarify on the information clarified on the file. I move concurrence.
THE CHAIR: Mr. Hunter moves to concur with Senate amendments with House Bill 742. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 140 ayes, 0 nays, House Bill 742 finally passes. Chair lays out House Bill 1759. The clerk will read the bill.
THE CLERK: HB 1759 by Rodriguez. Relating to the creation of the Pilot Knob Municipal Utility District No. 4; providing authority to impose a tax and issue bonds.
THE CHAIR: And members, we are on top of page nine. Chair recognizes Mr. Rodriguez.
REPRESENTATIVE EDDIE RODRIGUEZ: Thank you, Mr. Speaker and members. The Senate amended the standard form MUD bill to include technical changes that the city requested. They included a requirement for the city to consent an agreement at 18 months or the MUD legislation expires. (inaudible) on tax, also included a limitation on tax rate, limitation on road powers and no eminent domain powers. I move to concur.
THE CHAIR: Mr. Rodriguez moves to concur with Senate amendments on House Bill 1759. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 141 ayes, 0 nays, House Bill 1759 finally passes. Mr. Villarreal?
REPRESENTATIVE MIKE VILLARREAL: Parliamen tary inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE MIKE VILLARREAL: Earlier today Mr. Geren, Chairman Geren, stated that there was a 5:00 o'clock deadline to come to a deal on school finance in order to meet certain printing requirements. Do you know if we, since it's 5:41, if there's a school finance deal?
THE CHAIR: Mr. Villarreal, we are not advised up here. Is Mr. Geren on the floor? Mr, Eissler? Mr. Pitts? Mr. Geren? We are not advised. I'm sorry.
REPRESENTATIVE SUSAN KING: Mr. Speaker?
THE CHAIR: Ms. King?
REPRESENTATIVE SUSAN KING: Parliamentary inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE SUSAN KING: With a follow up to Representative Villarreal, I would like to ask that someone go find any of the individuals just named to ask questions and report back to the House.
THE CHAIR: We are moving on to items eligible. You are certainly free to find Mr. Geren, Mr. Pitts, Mr. Eissler; but the Chair's not advised where they are.
REPRESENTATIVE SUSAN KING: So, the question is, so no one knows where this is taking place, because I need to stay and vote, I can't look through the Capitol to find them without any clues whatsoever.
THE CHAIR: We -- I'm sorry. We are not advised.
REPRESENTATIVE SUSAN KING: Do you know who would be advised?
THE CHAIR: We can come down front and
(inaudible). Chair lays out House Bill 2975. The clerk will read the bill.
THE CLERK: HB 2975 by Hunter. Relating to continuing education for physicians and nurses regarding the treatment of tick-borne diseases.
THE CHAIR: Mr. Hunter?
REPRESENTATIVE TODD HUNTER: I move concurrence that is basically the same things that the House version we passed, the Senate version we're just going to make sure they do pass this tick related disease bill.
THE CHAIR: Mr. Hunter moves to concur with Senate amendments to House Bill 2975. It is a record vote. The clerk will ring the bell. All members voted? All members voted? 140 ayes, 0 nays, House Bill 2975 finally passed. Chair lays out 3099. The clerk will read the bill.
THE CLERK: HB 3099 by Kolkhorst. Relating to the office of the inspector general, of the office of public safety.
THE CHAIR: Chair recognizes Ms. Kolkhorst. House Bill 3099. Chair recognizes Ms. Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Members, House Bill 3099 clarifies the role of the inspector general. The Senate sponsor made a minor change on page three. The original House language, we authorized the office of the inspector general to initiate investigation, based on the approval of the department of inspector general. Senator Hagar made a change on page three to better clarify the approval of the initiation of an investigation was not something that any employee of the office of inspector general could accomplish. He specified that only rests with the inspector general or the deputy -- deputy inspector general. I move to concur with the Senate amendments.
THE CHAIR: Members, Ms. Kolkhorst moves to concur with Senate amendments on House Bill 3099. This is a record vote. The clerk will ring the bell. All members voted? All members voted? 140 ayes, 0 nays, House Bill 3099 finally passes. Chair lays out House Bill 1413. The clerk will read the bill.
THE CLERK: HB 1413 by Chisum. Relating to the powers and duties of the Castro County Hospital District.
THE CHAIR: Chair recognizes Mr. Chisum.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker and members, House Bill 1413 deals with the powers and duties of Castro County Hospital District. The Senate has a committee substitute pick out the part of 1700 about hiring positions. I move that we concur with Senate amendments.
THE CHAIR: Mr. Chisum moves to concur with Senate amendments to House Bill 1413. The clerk will read the bill. All members voted? All members voted? 143 ayes, 0 nays, House Bill 1413 finally passes. Chair lays out House Bill 2947. The clerk will read the bill.
THE CLERK: HB 2947 by Coleman. Relating to the exception of an audit working paper of a hospital district from required disclosure under the public information law.
THE CHAIR: Chair recognizes Mr. Coleman.
REPRESENTATIVE GARNET COLEMAN: Thank you very much Mr. Speaker and members, with the amendments says that the Senate put on is -- makes clear in this bill that hospital districts are working papers on an audit of their -- of what they do is treated in the same way as all other agencies. And to make sure that the sensitive papers are not public for the purposes of the working audit. And I move to concur with Senate amendments.
THE CHAIR: Mr. Coleman moves to concur with the Senate amendments to House Bill 2947. It is a record vote. The clerk will ring the bell. All members voted? Mr. Coleman voting. Mr. Coleman, how did you want to vote? Aye? All right. Being 139 ayes, 0 nays, House Bill 2947 finally passes. Chair calls up House Bill 3328 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3328 by Keffer. Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments.
THE CHAIR: Chair recognizes Mr. Keffer.
REPRESENTATIVE JAMES KEFFER: Thank you. Senate put on an unacceptable amendment. I move not to concur with Senate amendments.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 3328: Keffer, Chair. Burnam, Crownover, Parker, Strama.
THE CHAIR: Chair lays out House Bill -- Chair calls up House Bill 2949 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2949 by Cook. Relating to the administration of the collection improvement program.
THE CHAIR: Chair recognizes Mr. Cook.
REPRESENTATIVE BYRON COOK: Thank you, Mr. Speaker. This bill is regarding the court collection improvement program, moving it from the Comptroller of Public Accounts to the Office of Court Administration. All the Senate can was add some technical corrections with respect to dates when this started and improved the fiscal note by about five million dollars. And I move to concur with statements.
REPRESENTATIVE LARRY TAYLOR: Mr. Cook moves to concur with Senate amendments on House Bill 2949. House Bill 2949. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 142 ayes, 0 nays, House Bill 2949 passes. Chair calls up House Bill 2516 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2516 by Alvarado. Relating to the appeal of an indefinite suspension of a municipal firefighter.
THE CHAIR: Chair recognizes Ms. Alvarado of Harris County.
REPRESENTATIVE CAROL ALVARADO: Thank you, Mr. Speaker. This is a local bill and the Senate added some amendments so that this would only employ firefighters, and I concur.
THE CHAIR: Members, Ms. Alvarado moves to concur with Senate amendments on House Bill 2516. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 130 ayes and 9 nays, House Bill 2516 passes. Excuse Representative Gonzales of El Paso because of important business, on the motion of Representative Mallory Caraway. Members, it's now 5:51. Eligible at 6:00 p.m. is HCR 84 by Representative Cain, designating 42 as the official domino game in the State of Texas. Is there objection to taking it up at this time? Chair hears none. So ordered. Chair lays out HCR 84. Clerk will read.
THE CLERK: HCR 84 by Cain. Designating 42 as the official state game of Texas.
THE CHAIR: Chair recognizes Representative Cain.
REPRESENTATIVE ERWIN CAIN: Mr. Speaker, members, HCR 84 returns to this House's floor the changes for the House to see the Senate did not completely agree. That 42 should be the name for Texas, the official table game. Rather in their posterity the Senate would rather 42 be the domino game of Texas' great. So I now must reluctantly state, although I'd like to them give a big fat demur, I move that the House formally concur.
REPRESENTATIVE CRAIG EILAND: Mr. Speaker?
THE CHAIR: For what purpose, Mr. Eiland?
REPRESENTATIVE CRAIG EILAND: Would the gentleman yield?
THE CHAIR: Mr. Cain, will you yield?
REPRESENTATIVE ERWIN CAIN: I'll yield.
THE CHAIR: Gentleman yields.
REPRESENTATIVE CRAIG EILAND: Representati ve Cain, if the House concurs with your -- with the Senate amendments, do I have to go home and tell my granddaughters that Chutes and Ladders cannot be the official game of Texas?
REPRESENTATIVE ERWIN CAIN: Unfortunately so. Move to concur.
THE CHAIR: Mr. Cain movers to concur with Senate amendments on HCR 84. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 130 ayes, 6 nays, HCR 84 passes. Members, eligible at 6:50 is House Bill 810 by Representative Miller. Is there objection to taking it up at this time? The Chair hears none. So ordered. Chair lays out House Bill 2810 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2810 by Miller of Erath. Relating to an exemption from the sales and use tax for tangible personal property incorporated into or attached to certain agricultural structures.
THE CHAIR: Chair recognizes Mr. Miller.
REPRESENTATIVE SID MILLER: Mr. Speaker and members, the Senate did one amendment. Makes very little change in it. I'm going to move to concur. The Senate had added a dare commodity structure to use as a process (inaudible) dairy cows. What the intent of the entire bill is to make sure that all these new type dairy structures, the carousel barns, the free style barns, are included in the ad valorem exemption for agriculture use on the property taxes. I move to concur.
THE CHAIR: Mr. Miller moves to concur with Senate amendments on House Bill 2810. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 137 ayes and 5 nays, House Bill 2810 passes. Members, we're going back to page one. Chair calls up House Bill 9 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 9 by Branch. Relating to student success-based funding for and reporting regarding public institutions of higher education.
THE CHAIR: Chair recognizes Mr. Branch.
REPRESENTATIVE DAN BRANCH: Thank you, Mr. Speaker, members. I'm going to move to concur but let me walk you through some of the changes. The Senate changes some of the musts to mays and therefore softens it to come degree. It removed the references to based only funding to broaden it out and it clarifies that the outcome based funding applies to the undergraduate formula only, so it doesn't apply to graduate school. But I think that's a good change. It added a ten percent cap on the outcome based funding, and also requires periodic review of the metric and made some marijuana alterations to the makeup of the formula funding advisory committee. So I'm going to move to concur.
REPRESENTATIVE LARRY PHILLIPS: Mr. Speaker, would the gentleman yield?
THE CHAIR: Does the gentleman yield?
REPRESENTATIVE DAN BRANCH: I'd be happy to --
THE CHAIR: The gentleman yields.
REPRESENTATIVE LARRY PHILLIPS: It's my understanding that this is outcomes based, so we can try to relate to make sure that these universities are getting our kids through there and on to graduation.
REPRESENTATIVE DAN BRANCH: That's correct.
REPRESENTATIVE LARRY PHILLIPS: And does this apply to all universities?
REPRESENTATIVE DAN BRANCH: The bill applies to all universities, one part applies to the four year and one part applies to our community college.
REPRESENTATIVE LARRY PHILLIPS: Now, does this get down to the level of the base professions to see how much they are teaching, the majority of the time they're actually doing class work and how much they're doing outside of class work?
REPRESENTATIVE DAN BRANCH: No. This bill doesn't focus on that. This bill focuses on graduations and completions.
REPRESENTATIVE LARRY PHILLIPS: Can universities go ahead and do that? Can universities decide within the current system that they have to require their -- their professors to spend more time teaching in the classroom?
REPRESENTATIVE DAN BRANCH: Oh, sure. Absolutely. As you know, there's a lot of dialogue going on about that discussion in the -- in various periodicals about the level of teaching, and also the way that that's accounted for and how you account for value among the faculty and whether or not that's in research or in publications or teaching.
REPRESENTATIVE LARRY PHILLIPS: I see. Do we have any kind of -- and I guess it's not in here to know what -- how much time outside activity actually brings in revenue to the universities? Is that --
REPRESENTATIVE DAN BRANCH: I'm sorry, outside what?
REPRESENTATIVE LARRY PHILLIPS: Work. Work outside of the classroom you said brings in revenues.
REPRESENTATIVE DAN BRANCH: We -- As you know, the speaker and lieutenant governor appointed a joint oversight committee, we are going to be direct focus on some of those issues along with best practices for governing and transparency within our higher institutions.
REPRESENTATIVE LARRY PHILLIPS: And what about professors that have -- like do work on the side, as consultants? Is that something that they're allowed to do. Is that based on the contract they had with universities, whether they can keep that money, whether they have to share any of that money?
REPRESENTATIVE DAN BRANCH: I believe that's the case probably on a case by case basis.
REPRESENTATIVE LARRY PHILLIPS: Thank you for working hard this session on higher education.
REPRESENTATIVE DAN BRANCH: Thank you.
THE CHAIR: Members, Mr. Branch moves to concur on Senate amendments on House Bill 9.
REPRESENTATIVE HELEN GIDDINGS: Mr. Speaker?
THE CHAIR: Ms. Giddings, for what purpose?
REPRESENTATIVE HELEN GIDDINGS: Will the gentleman yield for a couple of questions?
THE CHAIR: Mr. Branch, do you yield? Gentleman yields.
REPRESENTATIVE HELEN GIDDINGS: Mr. Branch , your amendment coming from the Senate is about seven pages and I haven't had a chance to digest all of it. Would you tell me what that seven page amendment does?
REPRESENTATIVE DAN BRANCH: Well, there's a committee substitute and that's what I just walked through, all the points. Would you like me to do that again?
REPRESENTATIVE HELEN GIDDINGS: Well, as you well know, the part that I'm really concerned about is what happens to the C student and with the university's focus on taking students who are As and Bs, and how that changes the paradigm. So anything in the --
REPRESENTATIVE DAN BRANCH: This is the House Bill 9, the outcomes based -- this is not the SB 28, the old House Bill 10, which was the old Texas grants. You know, this is House Bill 9. What this focuses on is putting some in -- when the formulas are done two years from now, that there will be some aspects of graduations, at risk graduation, high need graduations built into the formulas.
REPRESENTATIVE HELEN GIDDINGS: Yes, I think I know what bill we're discussing. It is a bill, am I correct, that basically and ultimately will allow a pot of funding to be set aside and those schools who have the highest graduation rate will then share in that pot of funding, is that pretty much the idea?
REPRESENTATIVE DAN BRANCH: No. It doesn't -- What it does is it tells the coordinating board --
REPRESENTATIVE HELEN GIDDINGS: Uh-huh.
REPRESENTATIVE DAN BRANCH: -- when they do their formulas two years from now, that they should consider, as an aspect of creating those formulas, outcome.
REPRESENTATIVE HELEN GIDDINGS: Okay. So it's just -- It's not dictating that the higher coordinate board follows this, but it's a recommendation or a suggestion. Because ultimately, no matter the semantics, at the end of the day the higher graduation rates as recommended in this bill, both institutions is recommended that they receive additional funding.
REPRESENTATIVE DAN BRANCH: The recommendation would be to build in the formulas and not a focus on graduation rates so much as graduations and at risk student graduation, and also high needs. So, for example, nursing or an area where the coordinating board decides that it is high needs for our state, that graduation in those areas will have some place in the formula. And the bill, as revised, would say never -- it could not be more than ten percent of that. And also leaves open whether it would be above the line, outside the base or on top of. And, in fact, with respect to the community colleges it calls for that to be in addition to the regular -- the regular funding.
REPRESENTATIVE HELEN GIDDINGS: Yes, we sort of had this debate before. I think you will remember when the bill came up. And so, as you know, my primary focus as it relates to this issue is not the two-year community college, because they're certain students we don't want to see put on a community college track, so that all of those students are going to community colleges and not -- although let me be clear, I certainly understand the value of community colleges, you and I would agree that we have a fine system in the Dallas county community college district and throughout this state, so I think we agree on that, would you say?
REPRESENTATIVE DAN BRANCH: Yes, ma'am. And also most of our students. I think we have a lot of folks who would agree that the majority of our 1.5 million students are in those schools and campuses.
REPRESENTATIVE HELEN GIDDINGS: Right. Okay. Well, I continue to have concerns about what we do and how we send the messages to the colleges in terms, you know, when people get more money for something --
REPRESENTATIVE DAN BRANCH: And this -- and this, it was meant to be in the past of our chamber with bipartisan support and it got -- in terms of more partisan interest and balance, it got more balance. So that's why I'm moving we concur with the Senate amendments. Because I think the balance that you and I might perhaps represent, there's more balance in this bill coming back from the Senate.
REPRESENTATIVE HELEN GIDDINGS: And that was my question. Because I know what your bill did when it left and, I'm sorry, I just hadn't had a chance to peruse the whole seven page amendment. So I'm hoping that that amendment does bring more balance to it than it had when it left.
REPRESENTATIVE DAN BRANCH: Yeah. Some of the folks that were concerned with if it was going too far, this puts some limits on, for example, like the ten percent cap.
REPRESENTATIVE HELEN GIDDINGS: Okay. Yes, thanks.
REPRESENTATIVE DAN BRANCH: You bet.
THE CHAIR: Ms. Howard, for what purpose?
REPRESENTATIVE DONNA HOWARD: Ask a few questions.
THE CHAIR: Mr. Branch, do you yield?
REPRESENTATIVE DAN BRANCH: Be happy to yield.
REPRESENTATIVE DONNA HOWARD: Thank you, you know, Chairman Branch, that when we had this in committee that I was a no vote. But I want you to know that I'm the I am supporting this and I hope everybody will support it, because I do think you've made efforts to have a balanced, as you've just described. And the point is not to look at the specifics of what the such is doing necessarily, is it not correct? What do we need to make sure the students complete? The completion rates haven't been what we want them to be.
REPRESENTATIVE DAN BRANCH: Right. And this is a focus on outcomes. I think hopefully we'll get some folks around the country and perhaps even the world that will notice that we're moving in a thoughtful way to try to get the completions that we all want so we'll have an educated workforce. But not to do it in a ham handed or heavy handed way, but in a way that maintains quality, as well as I believe it increases our quantity.
REPRESENTATIVE DONNA HOWARD: And, you know about the incentive funding that we had on top of the base funding for nursing in this current biennium, and the outcomes we had there where they actually exceeded --
REPRESENTATIVE DAN BRANCH: Right. And you've worked hard on that. For example -- Really, this bill is an evolution of the program that Dr. (inaudible) headed up in committee and came back with. So the goal of incentivizing, not graduation rates, because of this notion that a lot of students are taking longer because they're working. Ultimately, the ultimate metric is the certificate, bachelors or, excuse me associate or bachelor's degree, that's what we need in order for the world to measure our workforce.
REPRESENTATIVE DONNA HOWARD: Thank you very much. Appreciate it.
REPRESENTATIVE DAN BRANCH: Thank you.
REPRESENTATIVE PETE GALLEGO: Mr. Speaker, will the gentleman yield?
REPRESENTATIVE DAN BRANCH: Be happy to yield.
REPRESENTATIVE PETE GALLEGO: Mr. Branch, I am concerned with respect to the item that you just talked about concerning the more nontraditional student. Institutions like the Lamar University components, or some of the smaller institutions that have a single mother with kids who is working and trying to provide for a family, and at the same time going to school. I am still concerned that this legislation punishes those people who are taking longer because they're struggling to get by, that person who may be in their 30s or late 20s or older, frankly, who's trying to go back to school to get a degree to improve their life, but still have to maintain, essentially, the school and the other -- are you -- is that not a concern of --
REPRESENTATIVE DAN BRANCH: Well, it's something that we've been working on since about 2007, when President (inaudible) at U Tech I think pointed out to many of us that is true a lot of folks were using these graduation rates, which were based on an NCAA criterion. And really what we should be focusing on more is graduation, because in many cases in her illustration we have a train where people get on and off and they take longer. And so this bill does, in fact, focus on graduation.
REPRESENTATIVE PETE GALLEGO: So it doesn't punish university or work to the disadvantage of universities where students are taking longer because they are working and they are essentially going to school part-time and balancing it. It doesn't -- it doesn't -- the formula and the fund distribution will not punish those university --
REPRESENTATIVE DAN BRANCH: No. In fact, under the -- this program, when it was considered the tip, I guess (inaudible) of the incentive funding -- performance incentive funding pool, I think U Tech, which has a lot of at-risk students benefited. I think it was one of the universities that got the most out of that because they were getting graduations and they were getting extra for at-risk graduation. And the other part, as I mentioned, was the high need graduation. The notion there is if we need certain occupations and these can evolve over time, we want to incentivize, for example, nursing, which Representative Harris and I just had a discussion on.
REPRESENTATIVE PETE GALLEGO: So state University and campuses, the Lamar University and its campuses, they have nothing -- they will not be disadvantaged under the proposal?
REPRESENTATIVE DAN BRANCH: I think they will be advantaged, actually.
REPRESENTATIVE PETE GALLEGO: Mr. Speaker, I'd move to have our exchange placed in the journal, please.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Ms. Giddings, for what purpose?
REPRESENTATIVE HELEN GIDDINGS: Mr. Speaker, will the gentleman yield for a --
THE CHAIR: Mr. Branch, will you yield?
REPRESENTATIVE DAN BRANCH: Be happy to.
THE CHAIR: Gentleman yields.
REPRESENTATIVE HELEN GIDDINGS: Chairman Branch, I don't have my folder up here with me on all of this, but to the best of my recollection probably our graduation rate, our college graduation rate is somewhere in the 50s?
REPRESENTATIVE DAN BRANCH: Depending on which group of universities you're talking about and depending on whether you're talking about a four or a six-year. We tend to watch six-year. So our best case in the state, my understanding, for six year graduation rates is Texas A & M university with an 84 percent graduation rate and the University of Texas in Austin is second, with an 83-point something. So they're right there together with an 83 or 84 percent.
REPRESENTATIVE HELEN GIDDINGS: Okay.
THE CHAIR: Mr. Hochberg raises a point of order. That the gentleman's time has expired and it has. Mr. Branch moves to concur with Senate amendments on House Bill 9. Members, this is -- is a record vote. The clerk will ring the bell. Show Mr. Hochberg voting aye. Have all members voted? Have all members voted? There being 127 ayes, 14 nays, house Bill 9 passes. Members, we're going to pull some items from earlier, on page nine. Chair calls up House Bill 3708 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3708 by Hochberg. Relating to the Early High School Graduation Scholarship program and to the funding of certain exemptions from tuition and fees at public institutions of higher education from savings attributable to the program.
THE CHAIR: Chair recognizes Mr. Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Thank you, Mr. Speaker and members. The Senate added a couple of adjustments to some related programs, one being the Texas State natural (inaudible) program. The other language is has actually passed this floor twice, or actually passed our floor and passed the Senate, and so this is just an extra vehicle for a bill that's already on the way to the governor's desk. So I would move that we concur on Senate amendments.
THE CHAIR: Mr. Hochberg movers to concur with Senate amendments on House Bill 3708. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 129, ayes 12 nays. House Bill 3708 is passed. Members, we're now on page three. Chair calls up House Bill 2377 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 2377 by Gallego. Relating to the admissibility of certain statements made by a child in a juvenile justice or criminal proceeding.
THE CHAIR: Chair recognizes Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker. Members, this relates to statements that are taken by a child. The Senate amendment requires that the statement be an electronic recording, and I would move to concur with the Senate amendments.
THE CHAIR: Mr. Gallego moves to concur with Senate amendments on House Bill 2337. Members, this is a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 142 ayes and 0 nays, House Bill 2337 is passed. Members, we're going to page 7. Near the top. Chair calls up House Bill 3459 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 3459 by Eiland. Relating to the containment of costs incurred in the correctional health care system.
THE CHAIR: Chair recognizes Representative Eiland.
REPRESENTATIVE CRAIG EILAND: Move to not concur with the Senate amendments and appoint conferees.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Members, is there a motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees for conference committee on HB 3459: Eiland, Chair. Dutton, Madden, Perry, Turner.
THE CHAIR: Members, we're going to page two. Chair calls up House Bill 1940 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 1940 by Perry. Relating to certain matters affecting the supervision of persons released from the Texas Department of Criminal Justice and to certain hearings conducted concerning persons released from the Texas Department of Criminal Justice.
THE CHAIR: Chair recognizes Mr. Perry.
REPRESENTATIVE CHARLES PERRY: Thank you Mr. Chairman, members, the senate added a couple of attempts committee (inaudible) substitute. We will not concur with that and I'll request a committee conference.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 1940: Perry, Chair. Madden, Allen, Parker, Cain.
THE CHAIR: Members, we would like to move to the request for conference committee on SB 100. And it's on calendar three, members. Members, this is not eligible until 6:55 this evening. Is there objection to taking up this matter at this time? Chair hears none. So ordered. Chair recognizes Representative Taylor.
REPRESENTATIVE VAN TAYLOR: Mr. Speaker, members, Senate Bill 100, we're going to have to go to conference on that. Appoint a conference committee.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Members, are there any motions to instruct? The clerk will read the conferees.
THE CLERK: House conferees for the conference committee on SB 100: Taylor of Collin, Chair. Madden, Branch, Pickett, Taylor of Galveston.
THE CHAIR: Members, we'd like to take up calendar four, request for conference committee on Senate Bill 293. Members, this calendar is not eligible until 10:40p.m. Is there objection to request a conference committee at this time? Members, this is on calendar four, separate page. It is a request for an appointment of conference committee on Senate Bill 293. Members, is there any objection? Chair hears none. So ordered. Chair recognizes Representative Davis of Harris.
REPRESENTATIVE JOHN DAVIS: Members, I want to grant the request for the Senate to appoint a conference committee.
THE CHAIR: Members, is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees for the conference committee on SB 293. John Davis of Harris, Chair. Hopson, Menendez, Sheets, Truitt.
THE CHAIR: Members, we'd like to take up calendar five. The Senate's request for a conference committee on SB 8. Members, this calendar will not be eligible to 11:29 this evening. Is there any objection? Members, this is Senate Bill 8. This is calendar five that was distributed at 5:30, I believe.
REPRESENTATIVE PETE GALLEGO: Mr. Speaker?
THE CHAIR: For what purpose, Mr. Gallego?
REPRESENTATIVE PETE GALLEGO: Parliamentar y inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE PETE GALLEGO: Calendar five, as I understand it, is in the floor, is available to the floor amendment system, but has not been distributed yet; is that correct?
THE CHAIR: It has been distributed. It was distributed at 5:29 p.m. by our records. Apparently, we have a calendar fee.
REPRESENTATIVE PETE GALLEGO: And -- But your definition, the Chair's definition of distributed is the time that it goes on the floor amendment, as opposed to being physically distributed to the members' desks?
THE CHAIR: That's correct, Mr. Gallego.
REPRESENTATIVE PETE GALLEGO: So the issue at this point is a request to go to conference, or is the issue -- or is it going to be concurrent?
THE CHAIR: It's a request to go to conference.
REPRESENTATIVE PETE GALLEGO: And so if this is a request to go to conference, if you can read the caption of the bill --
THE CHAIR: The Chair will -- the clerk will read the caption of the bill from top to bottom.
THE CLERK: Items eligible for consideration. Friday May 27th, 2011. Calendar five. Conference committee. The Senate requests the appointment of a conference committee on SB 8, by Nelson, relating to improving the quality and efficiency of health care.
REPRESENTATIVE PETE GALLEGO: So, Ms. Kolkhorst, all Ms. Kolkhorst is seeking is permission to conference committee?
THE CHAIR: She might be seeking more, but that's all she's going to get, is a conference committee.
REPRESENTATIVE PETE GALLEGO: Thank you, Mr. Speaker.
THE CHAIR: Is there any objection, members? Chair hears none. So ordered. Chair recognizes Mrs. Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker. Members, I move to grant the request of the Senate to grant a conference committee of being appointed on the House side.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. Members, there is a motion to instruct. Chair recognizes Representative Chisum.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker, members, pursuant to Rule 13, Section 8, I move to me instruct the House conferees on Senate Bill 8 to retain the language and House amendment No. 3, which amends Section 1451.109 of the insurance code relating to the reimbursement of chiropractors by health insurance policies. Mr. Speaker, this amendment was put on on Wednesday by two thirds vote of the House.
THE CHAIR: Members, this is a motion to instruct. Is there objection? Chair hears none. So ordered. Clerk will read the conferees.
THE CLERK: House conferees for conference committee on SB 8: Kolkhorst, Chair. Coleman, Geren, Hunter, Schwertner.
REPRESENTATIVE PETE GALLEGO: Mr. Speaker?
THE CHAIR: For what purpose?
REPRESENTATIVE PETE GALLEGO: I know you indicated no objection, but I wonder, Mr. Chisum indicated that the amendment that he just instructed the conferees on was done by a two thirds vote, and I wonder if rather than having the members register it might be appropriate if you'd recognize a motion to have those individuals who voted no on the amendment also be shown as registering a no on the -- on the instruction.
THE CHAIR: Mr. Gallego, would you state that one more time?
REPRESENTATIVE PETE GALLEGO: Mr. Chisum's directions to the conferees, Mr. Chisum indicated that that was adopted by a two thirds vote of the House. So rather than having a fight over the instruction which was not a fight, I wonder if we could have the permission, make it -- if he could recognize me for a motion to allow those individuals who voted no originally on the amendment, to also vote -- to be shown as voting no on Mr. Chisum's motion.
THE CHAIR: Members -- Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, the House will stand at ease until 6:30. Members, we're on page 12 of calendar one. Chair calls up the conference committee report for House Bill 3577. The clerk will read the bill.
THE CLERK: HB 3577 by Gonzales of Williamson. Relating to eligibility requirements for the Texas Educational Opportunity Grant.
THE CHAIR: Chair recognizes Representative Gonzales.
REPRESENTATIVE JOHN DAVIS: Thank you, Mr. Speaker. Members, this is the bill we voted on earlier that was providing some opportunity scholarships in a time when that's getting kind of rare. The Senate added some amendments that I actually liked. It was not germane, so the conference committee pulled that out of the bill is as we passed it originally in this House.
THE CHAIR: Members, this is a record vote. The clerk will ring the bell. Show Ms. Riddle voting aye. Have all members voted? There being 142 ayes and 0 nays, House Bill 3577 passes. Chair calls up House Bill -- Senate Bill 602 for a conference committee report.
THE CLERK: Conference committee report on SB 602.
THE CHAIR: Chair recognizes Representative Marquez.
REPRESENTATIVE MARISA MARQUEZ: Thank you, Mr. Speaker. This is the conference committee or the bill that we passed that clarified the language of public (inaudible) request. House amendments that were not in the conference, we kept two of the amendments and dropped one. First amendment simply added the emergency contact information to the list of information that can be redacted. The second amendment we kept codifies what the AG redacts for (inaudible) public exceptions. The AG has always redacted that information, but the redaction was called into question. It clarifies those mandatory exceptions and the most obvious exemption like credit card and band account information. I move passage.
THE CHAIR: Members, this is a record vote. Ring the bell. Have all members voted? Have all members voted? There being 138 ayes and 2 nays, Senate Bill 602 is passed. Members, conference committee report for Senate Bill 249 is not eligible to take up until 7:00 p.m. this evening. Is there any objection to taking up Senate Bill 249? Chair hears none. So ordered. Chair lays out Senate Bill conference committee report for Senate Bill 249. The clerk will read the bill.
THE CLERK: Conference committee report for SB 249.
THE CHAIR: Chair recognizes Mr. Orr.
REPRESENTATIVE ROB ORR: Mr. Speaker, members, we in the House have a third reading amendment that we sent over to the Senate. They took off that amendment and it came back and I move that we document the committee conference committee report.
THE CHAIR: Members, this is a record vote. Vote aye, vote nay. The clerk will ring the bell. Have all members voted? Have all members voted? There being 139 ayes, 0 nays, Senate Bill 249 is passed. Chair calls up House Bill -- Resolution HR 2549. The clerk will read the resolution.
THE CLERK: HR 2549 by Guillen. Suspending limitations on conference committee jurisdiction, H.B. No. 3726.
THE CHAIR: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, the DLO requested that we include language in the conference committee report allowing them to contract with another nonprofit if they fail to come to an agreement by the required date. This language is not in either the House or the Senate
(inaudible) in the bill. We need to go outside the bounds and I move adoption.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Chair calls up conference committee report for House Bill 3726. The clerk will read the bill.
THE CLERK: Conference committee report for House Bill 3726.
THE CHAIR: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker. Members, HB 3746 relates to the maintenance and the preservation of the Alamo --
THE CHAIR: Mr. Guillen, back up, please, sir. Members, we back up on HR 2549. We need a record vote. The clerk will ring the bell. Have all members voted? Have all members voted? There being 135 ayes and 4 nays, the resolution passes. Now Chair lays out House Bill 3726.
THE CLERK: Conference committee report HB 3726.
THE CHAIR: Chair recognizes Mr. Guillen.
REPRESENTATIVE RYAN GUILLEN: Thank you, Mr. Speaker, members, HB 3726 relates to the preservation and maintenance of the Alamo by the GLO and DRT. The amendments made in the Senate were agreed to changes. We simply had to go to conference committee to work out some changes requested by the GLO. The conference committee adoptees -- adopted these requested changes. And, members, I do make a statement on legislative intent regarding one provision of the conference committee report. Should the general land office establish the Alamo preservation advisory board except for in the legislation, the City of San Antonio shall have the option of appointing a designee from the board from the office of Historic Preservation, Historic and review commission, which is comprised of San Antonio residents appointed by the City Council, but were not employees of the city. This language could be interpreted to read that the city must appoint an employee of the office of historic preservation, and this statement is meant only for legislative intent, so that the representative may come from the historic and design review commission.
REPRESENTATIVE HARTNETT: Mr. Speaker, will the gentleman yield for a question?
THE CHAIR: Mr. Guillen, do you yield for Mr. Hartnett?
REPRESENTATIVE HARTNETT: Ryan, if I understand the resolution that we just passes, it is to go outside the bounds of both the House and the Senate versions. If we go with the Texan resolution what is this going to do with the daughters of the republic of Texas?
REPRESENTATIVE RYAN GUILLEN: Well it just -- Are you talking specifically about going outside of the bounds, or are you taking about 3726?
REPRESENTATIVE WILL HARNETT: Everything. We passed -- We passed the bill. What's going to happen to their role?
REPRESENTATIVE RYAN GUILLEN: Okay. Pretty much HB 3726 will move the Alamo under the jurisdiction of the GLO. But it requires the GLO to enter into an agreement with the Daughters of the Republic of Texas. And it allows the GLO to create an Alamo advisory counsel, and proscribe the membership of the counsel. It creates an Alamo complex fund as a separate account in the GR fund. It allows the GLO to create or enter into an agreement or other groups for fund raising for the Alamo, and it allows the GLO to accept gifts on behalf of the Alamo.
REPRESENTATIVE HAROLD DUTTON: So this is a dramatic change as far as the Daughters of the Republic of Texas' role at the Alamo; is that correct?
REPRESENTATIVE RYAN GUILLEN: Can you repeat that? I'm sorry.
REPRESENTATIVE WILL HARNETT: It's a big change to the Daughters of the Republic of Texas; is that right?
REPRESENTATIVE RYAN GUILLEN: It still guarantees that they will be running the Alamo.
REPRESENTATIVE WILL HARNETT: But it doesn't mean they're going run it, it means the state is going to be in charge of it, right, the GLO?
REPRESENTATIVE RYAN GUILLEN: Through -- Under the GLO, the GLO will have to under this bill will have to contract with the DRT to run the Alamo.
REPRESENTATIVE WILL HARNETT: And who owns the Alamo? I'm sorry, I don't know the answer.
REPRESENTATIVE RYAN GUILLEN: The State of Texas.
REPRESENTATIVE HARTNETT: Okay, thank you.
REPRESENTATIVE LYLE LARSON: Mr. Speaker? Will the gentleman yield?
THE CHAIR: One moment, please. Chair recognizes Mr. Guillen.
UNIDENTIFIED SPEAKER: Would the gentleman yield?
REPRESENTATIVE RYAN GUILLEN: Members, I'd like to postpone for about five minutes to discuss the whole thing with everyone so we don't take everybody's time. I move to postpone until 6:50 p.m. tonight, May 27th, 2011.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none so ordered. Ms. Kolkhorst? Chair calls up House Bill -- the conference committee report for Senate Bill 263. The clerk will read the bill.
THE CLERK: Conference committee report, SB 253.
THE CHAIR: Chair recognizes Ms. Kolkhorst.
REPRESENTATIVE LOIS KOLKHORST: Thank you, Mr. Speaker and members. The conference committee, actually what we did was -- was a technical error, that's why we went back. We had struck, when we changed a shall to a may we struck or restrict the license of a person arrested for an offense under, and they added that back in in conference. This is about doctors who will now -- can have their license revoked for deferred adjudication when it comes to child molestation. Members, I move adoption.
THE CHAIR: Members, the question occurs on the adoption of the conference committee report, Senate Bill 263. It's a record vote. Vote aye, vote no. The clerk will ring the bell. Show Ms. Kolkhorst voting aye. Members, we'll give you time to get to your desk. Have all voted? Have all voted? There being 144 ayes and 0 nays, Senate Bill 263 is finally passed. Members, the House will stand at ease until 6:55.
(The House stands at ease). Members, can we have your attention? Members, we're getting ready to go on calendar two. It is an items eligible at 8:10 p.m. this evening. It is HB 4. Is there objection to taking up HB 4 at this time? Chair hears none. So ordered. Chair lays out with Senate amendments House Bill 4. The clerk will read the bill.
THE CLERK: HB 4 by Pitts. Relating to making supplemental appropriations and giving direction and adjustment authority regarding appropriations.
REPRESENTATIVE JIM PITTS: Mr. Speaker and members, House Bill 4 is a supplemental propositions bill. In this bill when we left the floor, we had captured the five percent cuts and the two and a half percent cuts that we made to the state agencies in fiscal year 2011. The Senate version of House Bill 4 makes substantially the same reduction in fiscal years 2011 as the House version, but the Senate version also helps reduce the impact on those reductions to the higher education communities in 12 and 13. When the House passed House Bill 4 it cut fiscal year 11 by $1.2 billion. But also appropriated $600 million to address the foundation school shortfall. The Senate version of House Bill 4 reduced GR spending by $1.1 billion and appropriated $550 million towards the SSC shortfall as a result of a revised passed -- since House passed its version. The Senate also added $297 million for 12 and 13 appropriations, which the majority of that funding went to higher ed.
THE CHAIR: Mr. Turner, for what purpose?
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker, will the chairman yield?
THE CHAIR: Mr. Pitts, do you yield? Gentleman yields.
REPRESENTATIVE SYLVESTER TURNER: Chairman Pitts, with regards to the (inaudible) benefit fund. Does the Senate make any changes there? I know in the House version it was 63 -- it was 63 million, and initially the Senate, I think was at 86 million, in terms of reduction. Which -- Where do we end?
REPRESENTATIVE JIM PITTS: The Senate increased the reduction to the public utility commission by $23 million.
REPRESENTATIVE SYLVESTER TURNER: So the system benefit fund has been reduced by $86 million?
REPRESENTATIVE JIM PITTS: I'm -- the --
REPRESENTATIVE SYLVESTER TURNER: I mean total, the total amount, $23 million above what the House did?
REPRESENTATIVE JIM PITTS: That is correct.
REPRESENTATIVE SYLVESTER TURNER: We are going to concur with HB 4?
REPRESENTATIVE JIM PITTS: That is my plan.
REPRESENTATIVE SYLVESTER TURNER: So the members will understand, so that we all understand; in a few months from now, come September -- come -- no, I'm sorry, in a few months, when we're dealing with the electric reduction utility bills, we are reducing the electricity discounts to low income people and seniors, from a right -- from 15 to 16 percent to about 11 percent?
REPRESENTATIVE JIM PITTS: That is correct. That is the public utility commission --
REPRESENTATIVE SYLVESTER TURNER: And I want to -- their ruling on that (inaudible). And I want the members to understand we're going to reduce the discount to lower income people and seniors the electricity -- on the electricity utility bills, when in this dedicated account, when in this dedicated account there's roughly $700 million in this account specifically for this purpose; and we are going reduce the discounts for low income individuals and senior citizens by what has taken place here.
REPRESENTATIVE JIM PITTS: The Senate increase the reduction to 23 million --
REPRESENTATIVE SYLVESTER TURNER: And, at the same time, we are going to be increasing people's electricity bill because we are going reduce their discount. I was looking at LBB's analysis in terms of their dynamic -- the economic impact of HB 4. And Chairman, Mr. Chairman, it says with the passage of HB 4, the total -- the total unemployment, the number of people that's going to lose their jobs, according to LBB, in 2011, is 22,752 people. Mr. Chairman, have you seen -- have you seen that analysis?
REPRESENTATIVE JIM PITTS: I have not seen that analysis, and I disagree with that analysis.
REPRESENTATIVE SYLVESTER TURNER: Well, we do rely on LBB for the numbers, correct?
REPRESENTATIVE JIM PITTS: I think that the LBB did not take into consideration some items that we had visited with them, and there is agreement on that number.
REPRESENTATIVE SYLVESTER TURNER: Well, I'm not in a position -- I just want to read from what they have printed. And from what they have printed, HB 4, when we pass HB 4, 22,752 people are going to lose their jobs. And with respect to the private sector, for example, they broke that down, they said in terms of private, non-formed employment, 9,766 people are going to lose their jobs. And in terms of I guess state employees, 12,987 people are going to lose their job for a total of 22,752. So for all of the people who have been complaining about President Barack Obama, about President Barack Obama, and I've heard all this stuff on this Senate floor about President Barack Obama, and all of them causing people to be unemployed. When you boast on HB 4, and when you soon to be voting on HB 1, but just on HB 4, according to the LBB's analysis, we are putting roughly 22,000 people out of work. That's not DC. That's not DC. That's the State of Texas, with this governor, we are putting 22,000 people out of work. And, at the same time, we are taking away the poor folks', the poor folks' electricity bills, I mean discount, when there is over $7 million left in a dedicated account set aside for this individuals. Now, Mr. Chairman, tell me if that makes sense.
REPRESENTATIVE JIM PITTS: Well, Sylvester, you have to realize that what HB 4, on our reduction, is for this current fiscal year.
REPRESENTATIVE SYLVESTER TURNER: I understand that.
REPRESENTATIVE JIM PITTS: And the new fiscal year starts September 1st. So are you saying by voting on House Bill 4 that we will be cutting those jobs in the next three months? No, that's not what is going to happen.
REPRESENTATIVE SYLVESTER TURNER: It says in 2011 -- and I'm just reading from LBB, this is not my analysis, this is not my analysis. In 2012, they are saying that the total unemployment, 470 people will be losing their jobs. Now, I can't say whether they're right or wrong, I didn't put it together, Mr. Chairman. I didn't put it together. LBB put it together. They put it together. The point that I'm simply making is that this is the result of what we may end up doing with regard to HB 4. Now, I'm concerned about people losing their jobs, but I'm also even concerned even more so about taking money from a dedicated account for a specific purpose and using it for something else. And in this particular case, by the passage of HB 4, that's exactly what's going to happen. Now, let me just say in order for this bill to have immediate effect -- in order for this bill to have immediate effect, it requires one hundred votes, does it not?
REPRESENTATIVE JIM PITTS: That is correct.
REPRESENTATIVE SYLVESTER TURNER: And so if people want to ensure that people receive their discounts, the lower income and the senior citizens receive their discount for this -- for this summer, for this summer, the goal is try to keep you under one hundred. Isn't that the goal?
REPRESENTATIVE JIM PITTS: That's, Sylvester, the cuts that's for -- anticipated in House Bill 4 were cut that the agencies -- have been making since some time last year. This time last year they were at asked to make five percent cuts. Those cuts are already in existence. The two and a half percent cuts were made this fall. The agencies have already acted. Now, have you heard any huge short fall of the workforce? Have you heard that unemployment has gone up in the State of Texas because of the cuts that the State of Texas has made? Texas had has created more jobs than (inaudible).
REPRESENTATIVE SYLVESTER TURNER: Mr. Chairman, there are school districts that have already laid off teachers. There are -- there are state employees that have already been laid off. I know we're not taking the position that we have not already laid off people in 2011.
REPRESENTATIVE JIM PITTS: Sylvester, this is House Bill 4.
REPRESENTATIVE SYLVESTER TURNER: I understand House Bill 4, Mr. Chairman.
REPRESENTATIVE JIM PITTS: It has nothing to do with the cuts in education. We are adding $550 million to -- education. We are adding $550 million in this bill to education.
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker -- I mean Mr. Chairman, we may be adding money to education, but there are hundred and fifty thousand new kids that are coming to the system. We took
(inaudible) we put in $3 billion in stimulus money in education in Article 3. So when you take -- when you plug that hole with GR, of course it's going to be more dollars. Of course it's going to be. I understand the numbers. I understand the numbers. But the reality is what we are doing here is having a significant impact on people. I understand that.
THE CHAIR: Mr. Davis raises a point of order. The gentleman's time is expired. The point of order is well taken and sustained.
REPRESENTATIVE SYLVESTER TURNER: I'd rather for my time to expire than people to lose their jobs. I know my time is out, but people's jobs are also gone. I shall vote no on HB 4.
REPRESENTATIVE PHIL KING: Mr. Speaker?
THE CHAIR: For what purpose, Mr. King?
REPRESENTATIVE KING: Some of us were standing in line, and I know we've got a rule that we don't extend time in the last ten minutes, but since this is such a big deal --
THE CHAIR: You can have the opportunity to speak for or against.
REPRESENTATIVE PHIL KING: I guess the question, there are some questions about what's in the amended HB 4. And so I guess what I'm asking for, I had some concerns over whether there were new fees it, some concerns over whether the hiring freeze amendment that we put in place and what the (inaudible). So could we ask possibly the Appropriation's chair to just give us about five minutes, come down and talk to him before he moves to concur so we can ask those questions directly if we can? Or I'll do it over the mic.
THE CHAIR: Mr. King you should come
(inaudible) ask that you come down to the -- and talk to Mr. Pitts, because members will be given to speak for or against. Members, is there any one to speak for or against --
REPRESENTATIVE PHIL KING: Could I move to suspend the rules and ask for an extension of time?
THE CHAIR: No, you won't be recognized for that.
REPRESENTATIVE PHIL KING: Would the Chair recognize a motion to postpone for further consideration of this until 8:00 o'clock?
THE CHAIR: Not at this time.
REPRESENTATIVE PHIL KING: Thank you.
THE CHAIR: Please come down and talk to Mr. Pitts. Madam Doorkeeper, for what purpose?
REPRESENTATIVE RANDY WEBER: Well, I'm not Madam Doorkeeper but, Mr. Speaker, this cat is back from the Senate.
THE CHAIR: Let the cat in.
MESSENGER: Thank you, Mr. Speaker. I'm directed by the Senate to inform the House the Senate has taken the following actions --
REPRESENTATIVE JOSE MENENDEZ: Mr. Speaker?
THE CHAIR: For what purpose, Mr. Menendez?
REPRESENTATIVE JOSE MENENDEZ: Parliamenta ry inquiry, Mr. Speaker.
THE CHAIR: State your inquiry.
REPRESENTATIVE JOSE MENENDEZ: Does the speaker, is he advised how many members are standing around the front mic?
THE CHAIR: Quick count.
REPRESENTATIVE JOSE MENENDEZ: Mr. Speaker?
THE CHAIR: For what purpose?
REPRESENTATIVE JOSE MENENDEZ: Parliamenta ry inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE JOSE MENENDEZ: Mr. Speaker, is it not the reason that we have a front mic and a back mic that we only can -- all of the members hear what the debate is about, the HB 4, but not only them but the folks who are watching this for purposes of transparency across the State of Texas; is that not correct, Mr. Speaker? (inaudible).
THE CHAIR: Mr. Menendez, that's also the reason why we have rules and such and that's why we're adjusting them.
REPRESENTATIVE JOSE MENENDEZ: Thank you, Mr. Speaker.
THE CHAIR: Members, Representative Pitts moves to extend his time for ten minutes. Is there any objection? Chair hears none. So ordered. Chair recognizes Representative Pitts.
REPRESENTATIVE JIM PITTS: Members, let me go slow and explain what in this bill. The Senate made the following changes to the fiscal year 11 reduction that we made in House Bill 1. They decreased the reduction for the health benefits for our community colleges by $15 million. They decreased the reduction. They've decreased the reduction for financial aid programs at the coordinating board by 40 million. And what that means is there's 40 million more dollars for scholarships, financial aid to our schools and our universities and our colleges. It increased the reduction for the public utility commission by 23 million, and that that's what Sylvester was talking about. The Senate made the following changes to fiscal year 11 appropriations in fiscal year 11: It decreased the appropriations to cover the FFC shortfall by $50 million. And, members, when -- when we prepared House Bill 4, the commissioner said there would be a shortfall of $600 million to fund our schools. They have revised that. That was in February, and this is in May and they have resized that shortfall by $50 million. So instead of $600 million additional dollars to our schools, the commissioner of TEA said $550 million is the state -- is the number that we should have used. If the Senate increased the appropriations to cover correctional managed health care. There is a 17 million-dollar shortfall for correctional managed health care. The Senate also made -- we had to close out House Bill 1 and the Senate, with the House being included in those conversations, added money for the 12/13 Appropriations. As I told you the other day when we talked about House Bill 275, we had the wildfires in west Texas. We gave $81 million, appropriated $81 million in House Bill 4 to the Texas Forest Service to reimburse for wildfire cost. We gave 17 and a half million dollars to CEA for the student success initiatives. We added $30 million to general academic institutions for various programs and projects that members and the institutions brought us. We added $185 million to health related institutions, including Baylor College Of Medicine. Those additional amounts reduced the health related cuts to only five percent. It keeps -- it kept the cuts to medical education, special items at ten percent, and reduced the cuts to other health related institutions, special items by 20 percent for the next biennium. It provides for $6.7 million in unextended balance authority to the Health and Human Relations Service Commission to finish their HR payroll system upgrade project that is currently underway. It provided DTS $3.8 million in UB authority to complete on-going Capitol security upgrades. The Senate also added, at no cost to our bill, on the request of our comptroller, 1 million dollars to the Texas Agrilife research. And it also, by the request of the governor, added $33.5 million for economic development programs in their tourism department.
REPRESENTATIVE PHIL KING: Mr. Speaker, will the gentleman yield? I don't want you to run out of time. I just had a couple of quick questions and I appreciate Mr. Pitts --
REPRESENTATIVE JIM PITTS: I would really like to finish, because some members asked me up here --
THE CHAIR: Not at this time.
REPRESENTATIVE JIM PITTS: In addition, the Senate added the following riders: Added a contingency rider for the Attorney General to be able to pay a law firm the state has retained to pursue medicaid fraud. A rider provided the Texas Military Preparedness Commission 29 million dollars in bond proceeds for economic development projects in the defense related communities. There is also a rider to allow TEA's the ability to hire additional internal permanent school fund managers. We worked many hours with the Senate on this bill so we could -- we wouldn't -- we would not be required to go to conference. Combined with House Bill 1, I believed we have struck the right balance between cutting spending but also making strategic investments in higher ed. Now, I will yield.
REPRESENTATIVE PHIL KING: Thank you, Mr. Pitts. Are there any -- I know we had kind of worked with this out on HB 1. Are there any new fees or fee increases contained in HB 4 that were not in it when it left the House?
REPRESENTATIVE JIM PITTS: There are no fees included on House Bill 4 and we didn't -- in House Bill 4 as amended we didn't grant any authority to the commissions or board to independently raise any fees. No, and that paragraph, or that article, was in some of the other fiscal matters bills which enabled those agencies to raise fees and --
REPRESENTATIVE PHIL KING: We didn't do that in this one.
REPRESENTATIVE JIM PITTS: -- Eligibility. That was never in House Bill 4.
REPRESENTATIVE PHIL KING: And we had a -- the House had put in place what we termed a soft hiring freeze with the remainder of this biennium. Did that survive?
REPRESENTATIVE JIM PITTS: We talked many times with the Senate and other -- and the agencies. We have made a -- we have made over a billion dollars worth of cuts to these agencies since the fall of last year. There's no -- they can't -- there's no ability for these agencies to hire.
REPRESENTATIVE PHIL KING: So that -- I understand that freeze was removed.
REPRESENTATIVE JIM PITTS: The freeze was removed because we took over a billion dollars worth of cuts.
REPRESENTATIVE PHIL KING: I understand. And can you -- you may not have this number with you, but can you tell us what the net increase in the -- in the bill is from the time it left the House to the time it came to us today in total dollars?
REPRESENTATIVE JIM PITTS: I didn't think -- I don't think I have that in front of me.
REPRESENTATIVE PHIL KING: If --
REPRESENTATIVE JIM PITTS: We added $290 million for really appropriations for the next biennium.
REPRESENTATIVE PHIL KING: And it was kind of hard to follow the numbers. Was there any additional rainy day draw down?
REPRESENTATIVE JIM PITTS: No. Phil, we passed the conference committee report on House Bill 275 yesterday, I believe. We added to the dollar amount that left this chamber, $81 million to take care of wildfire in the State of Texas, and we got over 120 votes.
REPRESENTATIVE PHIL KING: So there isn't anything in this that would affect rainy day --
REPRESENTATIVE JIM PITTS: No, sir. There's no additional rainy day funds anticipated in House Bill 4 or in House Bill 1 that you'll see probably tomorrow.
REPRESENTATIVE PHIL KING: Someone just handed me something. It looks like there is an estimate of the increase was around $1.13 billion between HB 4 when it left the House and HB 1'one when it comes back to the House? Does that sound about right or a little higher?
REPRESENTATIVE JIM PITTS: I don't know what -- the -- the what -- We had $1.2 billion with cuts, and the Senate came back with a little bit more than $1.1 billion for the cuts. I don't see the increases.
REPRESENTATIVE PHIL KING: If you were going to make an estimate, I know I don't have the numbers in front of you, but if you were going to make an estimate of increase there was in HB 4 versus what the conference committee returned? Could you give us an estimate of that?
REPRESENTATIVE JIM PITTS: I'm looking at a list on HB 4, additional appropriations of a $190 million.
REPRESENTATIVE PHIL KING: $190 would be the total amount of increase?
REPRESENTATIVE JIM PITTS: And those are the items they talked to you about, was some higher ed and higher ed, mainly.
REPRESENTATIVE PHIL KING: I'm sorry. I may not be -- I understand. You're estimating that the net increase from when it left the House to when it came back is $190 million?
REPRESENTATIVE JIM PITTS: Phil, the only thing I'm really going to tell you is we -- we added a $190.8 million. And I can't add up, I don't have that list of the total appropriations.
REPRESENTATIVE PHIL KING: Okay. Thank you.
REPRESENTATIVE SCOTT HOCHBERG: Mr. Speaker?
THE CHAIR: Mr. Hochberg, for what purpose?
REPRESENTATIVE SCOTT HOCHBERG: Will the yield for a question?
THE CHAIR: Gentleman yields.
REPRESENTATIVE SCOTT HOCHBERG: Chairman Pitts, thank you. I may not have heard you correctly. You say that the money was added back for the current biennium for student financial aid?
REPRESENTATIVE JIM PITTS: Yes, I did.
REPRESENTATIVE SCOTT HOCHBERG: When -- Given that the academic year is pretty close to over, I guess is over for a lot of our students, when would that financial aid be used, or is that just going to roll back to us at the end of year? How does that happen?
REPRESENTATIVE JIM PITTS: The coordinating board is the one that came to us and said we need to add more money to financial aid on obligations that they have.
REPRESENTATIVE SCOTT HOCHBERG: Right.
REPRESENTATIVE JIM PITTS: And, Scott, you served on appropriations a long time, you also realize that in a supplemental appropriations it is a two-year budget.
REPRESENTATIVE SCOTT HOCHBERG: Okay. So you're anticipating that this is not for -- not expected to be spent in '11. And that's why I asked when would you anticipate it being spent.
REPRESENTATIVE JIM PITTS: It would be in the shortfall that they would need for this year and the rest of this biennium, and any extra would be appropriated for next year.
REPRESENTATIVE SCOTT HOCHBERG: Okay. So we could anticipate really that most of that's going to go to next year, the awards, in general haven't been given out in summer?
REPRESENTATIVE JIM PITTS: That's correct.
REPRESENTATIVE SCOTT HOCHBERG: Thank you.
REPRESENTATIVE WARREN CHISUM: Mr. Speaker, does the gentleman yield?
THE CHAIR: Do you yield, Mr. --
REPRESENTATIVE JIM PITTS: Yes, sir. I yield.
THE CHAIR: Gentleman yields.
REPRESENTATIVE WARREN CHISUM: Mr. Pitts, if we don't do this we don't have the money to pay our bills; is that right?
REPRESENTATIVE JIM PITTS: This is House Bill 4. We have outstanding bills to the State of Texas that if we don't have the money to pay after July 1st.
REPRESENTATIVE WARREN CHISUM: That's July the 1st. So it would cause us to come back in very quickly after that. And, in addition to that, don't we need a hundred votes in order to got the affects in order to get the budget cuts?
REPRESENTATIVE JIM PITTS: That is correct.
REPRESENTATIVE WARREN CHISUM: So we need one hundred votes and maybe the lights won't go out in Houston?
REPRESENTATIVE JIM PITTS: That's right. Or here in Austin, Texas.
REPRESENTATIVE VAN TAYLOR: Mr. Speaker?
THE CHAIR: Mr. Taylor, for what purpose.
REPRESENTATIVE VAN TAYLOR: Would the gentleman yield?
THE CHAIR: Do you yield, Mr. Pitts? Gentleman yields.
REPRESENTATIVE VAN TAYLOR: Chairman Pitts, thank you for all your hard work in this. I just want to make sure I'm reading these two fiscal notes correctly. So when this bill left this chamber, the fiscal note, we were cutting 1.2 billion of spending.
REPRESENTATIVE JIM PITTS: Is that correct? That is correct.
REPRESENTATIVE VAN TAYLOR: And for you it's coming back to us and we're cutting 900 million of spending?
REPRESENTATIVE JIM PITTS: Well we cut -- The Senate cut $1.1 billion and then we added approximately $190 million of appropriations.
REPRESENTATIVE VAN TAYLOR: Okay. So the net effect, we wanted to cut $1.2 billion and we were spending -- (inaudible) so that the net positive fiscal note for what we did was $683 million?
REPRESENTATIVE JIM PITTS: I'm not looking at that document, but.
REPRESENTATIVE VAN TAYLOR: But when it's coming back here the net fiscal note is $400 million, because we're moving -- we're putting money in the school foundation program or the (inaudible) fund and dedicated accounts?
REPRESENTATIVE JIM PITTS: That is correct.
REPRESENTATIVE VAN TAYLOR: Okay. Thank you.
THE CHAIR: Mr. Phillips, for what purpose?
REPRESENTATIVE LARRY PHILLIPS: Would the gentleman yield?
THE CHAIR: Mr. Pitts, do you yield?
REPRESENTATIVE JIM PITTS: Yes, I do.
REPRESENTATIVE LARRY PHILLIPS: Increase includes for -- includes the -- for the fires that have happened since it left HB 4, correct?
REPRESENTATIVE JIM PITTS: Yes. That is correct.
REPRESENTATIVE LARRY PHILLIPS: Part of that $160 million discussed?
REPRESENTATIVE JIM PITTS: No, the hundred -- Yes, it is.
REPRESENTATIVE LARRY PHILLIPS: Okay. That's what I thought.
REPRESENTATIVE SCOTT HOCHBERG: Mr. Speaker, Mr. Speaker?
THE CHAIR: Mr. Hochberg, for what purpose?
REPRESENTATIVE SCOTT HOCHBERG: Parliament ary inquiry --
THE CHAIR: State your inquiry.
REPRESENTATIVE SCOTT HOCHBERG: Yes, sir. If this bill receives 76 votes will it not go into effect before the end of the biennium, assuming that the governor signs it promptly. Mr. Pitts said a little while ago, in response to Mr. Chisum, that it needed a hundred votes in order to pay our bills this summer. But do I understand correctly that it really only needs 76 votes to go into affect before the end of biennium and, hence, pay our bills?
THE CHAIR: Chair's going recognize Mr. Pitts to give you his comments.
REPRESENTATIVE JIM PITTS: No, Scott. I'm going to tell you there's certain things in this bill that has to have a hundred votes, and one of those items is a boiler in TK district.
REPRESENTATIVE SCOTT HOCHBERG: I'm sorry, I didn't hear that.
REPRESENTATIVE JIM PITTS: It's a boiler TK district (inaudible) (inaudible).
REPRESENTATIVE SCOTT HOCHBERG: Because -- I'm just telling you what ledge council has told me, that we needed a hundred votes for that boiler. We needed a hundred votes for a boiler. We won't get any boiler. Well then, I guess Mr. Gallego will vote for the boiler, is that -- That the only reason why we need a hundred votes? I guess he won't be in hot water, but he'll be in cold water. Do you also -- What is the impact -- Parliamentary inquiry, Mr. Speaker?
THE CHAIR: State your inquiry.
REPRESENTATIVE SCOTT HOCHBERG: What is the effect of getting only 76 votes on the funding of the system benefit fund?
THE CHAIR: Mr. Hochberg, the Chair normally doesn't answer questions like that. With that affect, and you're welcome to come and talk to Mr. Pitts.
REPRESENTATIVE SCOTT HOCHBERG: The Chair doesn't answer questions about the date when a piece of legislation becomes effective, based on the constitutional rule requiring a hundred votes for immediate effect?
THE CHAIR: We thought your question was what the effect is on the system benefit fund.
REPRESENTATIVE SCOTT HOCHBERG: What is the effect of getting 100 votes versus 76 votes on the provision in the bill related to the system benefit fund, and its effective date.
THE CHAIR: Mr. Hochberg, all we can state is, if a bill fails to get the hundred votes -- to receive the votes needed for an immediate effect it becomes in effect 90 days after the date of the session.
REPRESENTATIVE SCOTT HOCHBERG: Right. I understand that. But no, I'm not sure who to ask this of. We budget on a biennium basis, so if that 90 days is still within the biennium, does it prevent expenditures --
THE CHAIR: One second -- Mr. Hochberg, one second. HB 4 has been treated as a general appropriations bill throughout.
REPRESENTATIVE SCOTT HOCHBERG: Okay.
THE CHAIR: And if it receives immediate effect (inaudible) --
REPRESENTATIVE SCOTT HOCHBERG: So just to make sure everybody understands, since this bill is a supplemental appropriations bill, and since historically the supplemental appropriations act is treated as a general appropriations act, and since the Constitution says -- makes one exception for the immediate affect rule, and that is a general appropriations act; then 76 votes gives this bill an immediate effect and it does not require a hundred, as Mr. Pitts told us in response to Mr. Chisum before?
THE CHAIR: Mr. Hochberg, please, would you come up front and we'll discuss this.
REPRESENTATIVE SCOTT HOCHBERG: Well, I'd be happy to discuss it if you will let me come back here when we get the answer and let the membership understand.
THE CHAIR: Absolutely. The House will stand at ease for five minutes, members.
(The House stands in recess.)
THE CHAIR: Members, the Chair is going to try to answer Mr. Hochberg's inquiry at this time. Members, Representative Hochberg asked a question regarding vote totals. Since HB 4 is a general appropriations act, it will require 76 votes to pass it. However, embedded in HB 4 are provisions that are controlled by Article 7, Section 17 of the Texas Constitution. These provisions require certain institutions of higher education in order to receive funds, construction or equipping buildings, to receive a vote by the legislature, two thirds. Mr. Hochberg, is that sufficient to answer your question?
REPRESENTATIVE SCOTT HOCHBERG: Thank you. Let me just make clear, then. You said that it needs 76 votes to pass, which most -- I guess all bills need only 76 votes to pass. For clarity, you're also saying that if it gets 76 votes, because it is a general appropriations act under constitutional provisions, it gets immediate effect, whereas most bills -- most other bills would not. It does not need a hundred votes to get immediate effect, is that the ruling?
THE CHAIR: We indicated that, and we also indicated that certain provisions may not be effected absent of the two thirds vote.
REPRESENTATIVE SCOTT HOCHBERG: And so does that mean -- does that mean that in the absence of a hundred votes those provisions that are not specifically subject to another constitutional provision will take effect, there's no one provision that controls the whole bill?
THE CHAIR: The Chair is not aware of that and does not express an opinion.
REPRESENTATIVE SCOTT HOCHBERG: Well, let me ask it as a parliamentary question. If the general appropriations act -- If, as a general appropriations act, it only requires 76 votes to take effect and the bill gets 76 votes, the general appropriations act -- the act, in general, would take effect immediately; except for any provisions like the boiler provision, that requires two thirds in order to take any effect?
THE CHAIR: That appears correct, Mr. Hochberg.
REPRESENTATIVE SCOTT HOCHBERG: Okay. And do we know, since some members asked me, what the provision of the constitution is that provides that exception for the general appropriations act?
THE CHAIR: Mr. Hochberg, I don't right now.
REPRESENTATIVE SCOTT HOCHBERG: We'll both look for it.
THE CHAIR: That'll work, Mr. Hochberg. Mr. King, for what purpose?
REPRESENTATIVE PHIL KING: Is Mr. Pitts going to come back to the mic or --
THE CHAIR: Mr. King, Mr. Pitts' time expired for the second time.
REPRESENTATIVE PHIL KING: I just didn't know if it had run out.
THE CHAIR: Well, it ran out. Members, Mr. Pitts moves to concur with Senate amendments to House Bill 4. Are there any members wishing to speak for or against the concurrence of Senate amendments of House Bill 4? Chair recognizes Mr. Turner to speak against.
REPRESENTATIVE SYLVESTER TURNER: Mr. Speaker, members, I want to speak against these amendments that have been added on to HB 4. And let me just tell you why. The system benefit fund, the system benefit funds takes affect as of June the 1st, it's not taking effect in August, it's not taking effect in 2012; the discount to the low income individuals in the State of Texas on their electricity bills and seniors, that program takes effect on June the 1st. The money for this program comes from the surcharge on people's electricity bill. And the dedicated account, in the dedicated account there is over $700 million in that fund. We take that money. We do not give it to these individuals and we use to it certify the budget. That's number one. Of the money that has been appropriated. What this amendment does, on HB 4, is that it takes $23 million from the money that is appropriated and it's going reduce their discounts, discounts from roughly let's say 15, 16 percent, down to 11 percent. And that will take -- that will start on June the 1st and the program goes through the end of September. Now, something's is just unconscionable about that, and I have a problem with that. When the money is there, and this is what we're doing, we're doing it all in the guise of trying to pay the current year's expenditures. I believe that's wrong, I think you know that it's wrong. I think most of you know that's it's wrong to take money from taxpayers for one purpose and use it for another. I think most of you would agree with that. I think most of you would agree with that. But to take -- but to reduce a program that is scheduled to start next week -- next week, and to take that money away from folks, to me, is just bad policy. Now, I know a lot of things have taken place in this session, but to implement this amendment at this time is the to me, the low of the low. It's just the low of the low. I've been here a long time, but to put something in place where low income folks who don't have a lobby, who cannot be up there in the gallery, they don't have a lobby, to take -- put something in place that takes that away from them on a program that starts next week, I'm sorry, I think it's wrong. I think it's just wrong. And I -- I've seen some things here but this, this just takes the cake. And if -- I don't even know how I should feel. I hope you vote no. Don't take it back to -- Just think about what's the right thing to do. And later on, before we leave here, there's a guy by the name of Bruno that I want tell y'all about. Some of you know about Bruno. I want to bring Bruno back before this session is over. But, Chairman Pitts, you know, I love and respect him. But for the poor folk out here in the State of Texas and they come from all over the State of Texas; rural, urban, they come in all colors; for the senior citizens who don't have a lobby, we are ultimately -- we represent their voice. I guess I'm done. I guess I'm done.
THE CHAIR: Chair recognizes Mr. Otto speaking for House Bill 4.
REPRESENTATIVE JOHN OTTO: Thank you, Mr. Speaker. Members, this is my fourth session and my third term on appropriations. Probably the two most important bills, besides all of local bills that we've passed in this House, are the supplemental appropriations bill, House Bill 4, that we're looking at today and the budget. As everyone knows, this session has probably been the most trying budget that was probably ever worked on in the State of Texas, and I wasn't even here in 2003. But there's one thing about this bill, this is about as Representative Chisum said from the back mic, it's about paying our bills for this fiscal year. We have basically three more months left. As you heard, there's no additional use of the Rainy Day Fund, there's no fee. The only thing that's really changed in this bill that was sent out of the House, I understand what Sylvester's upset about. That wasn't changed. But basically the House went first, and we got -- as we went through this process we were told here's what you need to finish paying your bills for the rest of this fiscal year. By the time the Senate got to theirs and did their amendments, they had more up to date information and that money got moved around. As you heard, there are some things that are going to benefit. Higher education, in this, as a result of this information. But this bill ultimately is about paying the state's bills for the remaining the three months.
THE CHAIR: Chair recognizes Mr. -- For what purpose, Ms. Farrar?
REPRESENTATIVE JESSICA FARRAR: Parliament ary inquiry.
THE CHAIR: State your inquiry.
REPRESENTATIVE JESSICA FARRAR: Article 3, Section 39 of the state constitution seems to contemplate only one general appropriation act. In fact, it says no law passed by the legislature except the general appropriation act. It goes on. And so I'd like to know how the Chair is defining or is including HB 4 among --
THE CHAIR: Ms. Farrar, if you will bring that up front the parliamentarian will get back here shortly and we will address that. Chair recognizes Representative King to speak on the bill.
REPRESENTATIVE PHIL KING: Mr. Speaker, members, I just kind of wanted to finish Mr. Pitts. I think I finally talked and I had asked a couple of questions trying to figure out where the bill was actually at monetarily. And I understand the answers and I just wanted to share them with you. And I thank Mr. Pitts for helping me work through it. But basically the bottom line is that the HB -- the difference in the HB 4 that left this House and the HB 4 that comes back to us today is about $278 million. The 80 of that roughly is the fires, which is the money under SB 275 when we did the rainy day vote. We added $80 million to that to cover the fires. So about 80 million of that 278 is the fires. The remainder of that, approximately a $192 million, that increase is almost entirely higher ed with a little bit of it for public ed and there is a little bit for a couple other odds and ends. But it is almost entirely for education. So the difference in this budget and the difference in this HB 4 and the one we sent out initially is only $278 million. 80 of which if for the fires and by the -- by our extra draw down on SB 275 recently. And a 192 roughly, goes to education. And Mr. Pitts explained it to me, that now, with this passage, that with SB 275 and HB 4 it will balance out and close out this biennium completely, as funded. And so, anyway, thank you.
THE CHAIR: Chair recognizes Chairman Pitts to close.
REPRESENTATIVE JIM PITTS: Thank you, Phil, for that explanation. And I want to -- when
(inaudible) the appropriations committee, we came to this floor with House Bill 4, things changed during the course of the months since then. The public utility commission made a ruling that the discount for the utilities that Sylvester was talking about would be lowered. House Bill 4 is just a reaction of that ruling that the public utility commission did. And members in -- this bill, House Bill 4, is a supplemental appropriations bill to pay the current bills that we talked about when I laid out House Bill 4, when I laid out (inaudible) to money of the Rainy Day Fund to pay our current bills. This is our current builds with the addition for some higher ed for the next biennium. And I move to concur.
THE CHAIR: Members, the question occurs on the adoption of Senate amendments to House Bill 4. Strict enforcement has been requested. Strict enforcements is granted. This is a record vote. The clerk will ring the bell. Members, you'll have time to vote from your desk. We'll give you time to get to your desk, members. Have all members voted? Have all members voted? Have all members voted? We're going to give you time, members. Have all members voted? Members, there being 95 ayes, 43 nays, 2 present not voting; house Bill 4 is finally passed. Please excuse Representative Linda Harper-Brown because of business in the district, on the motion of Representative Myra Crownover. Please excuse Representative Howard of Fort Bend because of business in the district, on the motion of Representative Smith of Harris. Is Ms. Laubenberg on the floor of the House? Excuse Representative Walle because of business in the district, on a motion by Representative Farrar. Please excuse Representative Vo because of important business in the district, on the motion of Representative Castro. Excuse Representative Miles because of important business in the district on motion of Representative Eiland. Members, it's going to take just a minute. We're going to work on items eligible to calendar six. Members, we're going to go back a page five of calendar one, please. Chair recognizes Representative Crownover for a motion.
REPRESENTATIVE MYRA CROWNOVER: I previously moved not to concur on HB 2549, since we have talked about the situation on the amendment that came over with the Senate. And I would move to discharge the conferees on House Bill 24 -- 2549.
THE CHAIR: Members, you've heard Ms. Crownover's motion to discharge the conferees -- Back up. Ms. Crownover, you have the mic.
REPRESENTATIVE MYRA CROWNOVER: I move to discharge the conferees on House Bill 2549 and to concur with the Senate amendment. This is about the Texas State Historical Association being allowed to be listed on the state employees contribution list. And the Senate amendment just adds three members to the State Employees' Charitable Campaign.
THE CHAIR: Members, Ms. Crownover moves to discharge the conferees and concur with Senate amendment. This is a record vote. Vote aye, vote nay. Clerk will ring the bell. Have all members voted? Show Mr. Cook voting aye. Show Mr. Driver voting aye. Have all members voted. There being 137 ayes, 0 nays, House Bill 2549 passes. Is Mr. Chisum on the floor of the House? Members, we're on the items eligible calendar No. six. This calendar is not yet eligible. Is there any objection to taking up this calendar at this time, members? Chair hears none. So ordered. Chair recognizes Mr. Keffer.
REPRESENTATIVE JAMES KEFFER: Mr. Speaker, I grant the Senate request for conferees on Senate Bill 408.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Is there any motions to instruct, members? Chair hears none. Chair -- clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 408: Keffer, Chair. Chisum, Hardcastle, Huberty, Lozano.
THE CHAIR: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES KEFFER: Thank you. I'm recognized.
THE CHAIR: Chair recognizes Representative Fletcher.
REPRESENTATIVE ALLEN FLETCHER: Mr. Speaker and members, I'd like to recommend that we concur with the Senate's request to appoint a conference committee on Senate Bill 542.
THE CHAIR: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Members, is there anyone wanting to do a motion to instruct? Chair hears none. The clerk will read the conferees. Following conferees, clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 542: Fletcher, Chair. Deshotel, Driver, King of Parker, Lavender.
THE CHAIR: Chair recognizes Representative Keffer for a motion.
REPRESENTATIVE JAMES KEFFER: Thank you, Mr. Speaker. I request a conference committee to recognize a request of the Senate for a conference committee on Senate Bill 660.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees on conference committee on SB 660: Ritter, Chair. Hopson, Keffer, King of Zavala, Lucio.
THE CHAIR: Chair recognizes Representative Kleinschmidt.
REPRESENTATIVE TIM KLEINSCHMIDT: Members, I move to grant the Senate's request for conferees on Senate Bill 1130.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, is there any motion to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 1130: Kleinschmidt, Chair. Flynn, Lewis, Quintilla, Sheets.
THE CHAIR: Chair recognizes Representative Keffer.
REPRESENTATIVE JAMES KEFFER: Move and grant a request of the Senate to for conferees on Senate Bill 40.
THE CHAIR: Members, you've heard the motion. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. The clerk will read the conferees.
THE CLERK: House conferees conference committee on SB 40: Callegari, Chair. Frullo, Menendez Miller of Erath, Orr.
THE CHAIR: Is Mr. Eiland on the floor? Chair recognizes Mr. Eiland.
REPRESENTATIVE CRAIG EILAND: Mr. Speaker, members, I move to discharge the conferees on House Bill 2154. We have gone to conference and this is the bill which dealt with continuing education of insurance agents. The Senate had taken off one of the amendments. I tried to get it back, but they wouldn't budge. The provision that basically has a grandfather provision for insurance agents on life insurance policies that they have for over 20 years of continuous -- continuing education and service, that they are exempt from many continuing education. But the bill, they're not going to exempt them from these annuity projects. So it's not a big deal. There's 170 agents across the state that have to get more continuing education. So, move to discharge the conference committee on House Bill 2154 and accept the Senate amendments.
THE CHAIR: Members, you've heard the motion. Mr. Eiland wants to discharge the House conferees and concur with Senate amendments on House Bill 2154. Members, this is a record vote. Vote aye, vote nay. The clerk will ring the bell. Have all members voted? Have all members voted? There being 100 ayes, 0 nays, House Bill 2154 passes. Members, we're on items eligible calendar on page five. Chair calls up House Bill 242 with Senate amendments. The clerk will read the bill.
THE CLERK: HB 242 by Craddick. Relating to the enforcement of public safety, including the privileges and duties of certain types of law enforcement officers.
THE CHAIR: Chair recognizes Dean Craddick.
REPRESENTATIVE TOM CRADDICK: Mr. Speaker, members, this is the bill we discussed a while ago. I move to go to conference.
THE CHAIR: Members, you've heard the motion not to concur and to appoint a conference. Is there any objection? Chair hears none. So ordered. Members, are there any motions to instruct? Chair hears none. Clerk will read the conferees.
THE CLERK: House conferees conference committee on HB 242: Craddick, Chair. Cook, Martinez Fischer, Isaac, Parker. Members, members, we're checking to make sure that we have disposed of everything on the calendar so, give us a short break. Mr. Pickett? Chair recognizes Mr. Pickett.
REPRESENTATIVE JOE PICKETT: Thank you, Mr. Speaker. Members, I've been asked to remind everybody one more time about the memorial service tomorrow. We are going to convene at 10:30. It is my understanding we're to convene at 10:30 as the House of Representatives. We are going to have the morning prayer and that's it. There are no floor passes issued tomorrow. We will have no resolutions. We will introduce a doctor of the day from among us. So we will begin at 10:30. We will stand at ease so the Senate can come over and start preparing for the memorial service. We will have chairs in the middle, we will have about 80 family members on the floor themselves, and there's about 300 people that will be here, beginning at 9:00 o'clock, in E2002, in the morning. So there will be family members in the gallery, as well. And we will begin promptly at 11:00, and it will be joint session with the Senate and the House at 11:00 o'clock. So please, we start at 10:30, no other resolutions, no floor passes, no other business except to convene.
THE CHAIR: Chair recognizes Representative Geren for an announcement.
REPRESENTATIVE CHARLIE GEREN: Members, today we got an email -- Thank you, Mr. Speaker -- from Breckenridge Hospital. Since the Kuempel memorial fund was started just a little over a year ago when Edmund got out of the hospital, or two years ago when Edmond got out of the hospital from the first heart attack; the fund has raised over $40,000. When it reaches $50,000, they're going to dedicate the most of the garden to Edmund in Edmund's name. And it is scheduled ground braking in September to open April of next year. I just want to thank all of y'all with your help in that. I know Birdy is extremely touched by everybody's generosity. Thank you.
THE CHAIR: Members, are there any further announcements? Mr. Pickett moves that the House stand adjourned pending the reading and referral of the resolutions until 10:30 a.m. tomorrow. Members, we do want to let you be aware that after the memorial service we do have a lot of work to do, so be here and be on time. Following resolutions on first reading and referral:
THE CLERK: HR 1366 by Craddick. Congratulating Norris and Peggy Barron of Lamesa on their 60th wedding anniversary. To Rules and Resolutions. HR 1367 by Craddick. Congratulating James and Ruby Bagley of Midland on their 50th wedding anniversary. To Rules and Resolutions. HR 1369 by Howard. Congratulating Alex Crisara and Jahan Rabii of Anderson High School on winning Best in Fair at the 2011 Austin Energy Regional Science Festival. To Rules and Resolutions. HR 2420 by Lewis. Commending Paige True Farrow for her service as an intern in the office of State Representative Tryon Lewis. To Rules and Resolutions. HR 2421 by Lewis. Commending Armen Hazarian for his service in the office of State Representative Tryon Lewis. To Rules and Resolutions. HR 2422 by Lewis. Commending Derek L. Tanner for his service as an intern in the office of State Representative Tryon Lewis. To Rules and Resolutions. HR 2582 by Sheffield. Paying tribute to the memory of Officer Patrick Sirois, who was posthumously honored with the 2010 State of Texas Law Enforcement Achievement Award for Valor. To Rules and Resolutions. HR 2583 by Anderson. In memory of James Stephen Odom of McGregor. To Rules and Resolutions. HR 2584 by Anderson. In memory of Hugh Clark Garland of Waco. To Rules and Resolutions. HR 2585 by Anderson. In memory of Lorenzo "Lorry" Rosas of Speegleville. To Rules and Resolutions. HR 2586 by Anderson. In memory of Betty Ann McWilliams of Waco. To Rules and Resolutions. HR 2587 by Callegari. Honoring Tom Whatley on his 30 years of service with the House Research Organization. To Rules and Resolutions. HR 2588 by Callegari. In memory of John Sauter on the occasion of the dedication of John Sauter Memorial Park. To Rules and Resolutions. HR 2589 by Anderson. In memory of Anita Van Cleave Glass of Waco. To Rules and Resolutions. HR 2590 by Anderson. In memory of Diana Marie Woodward of Waco. To Rules and Resolutions. HR 2591 by Anderson. Congratulating Ashley Anne Roberts and Aaron Michael Rieger on their wedding. To Rules and Resolutions. HR 2592 by Anderson. In memory of Joe Alba of Waco. To Rules and Resolutions. HR 2593 by Anderson. In memory of Michael Benavidez of Waco. To Rules and Resolutions. HR 2594 by Anderson. In memory of Doris Kathleen Burch of Waco. To Rules and Resolutions. HR 2595 by Anderson. In memory of Laverne Townsend of Waco. To Rules and Resolutions. HR 2596 by Anderson. In memory of Iris Marie Vonasek of West. To Rules and Resolutions. HR 2597 by Anderson. In memory of Andrew Jackson Wade of Waco. To Rules and Resolutions. HR 2598 by Anderson. Congratulating Michelle Penney and Jack Abel, Jr., on their wedding. To Rules and Resolutions. HR 2599 by Anderson. In memory of Joyce Norsworthy Wailes of Waco. To Rules and Resolutions. HR 2600 by Martinez. In memory of U.S. Army Sergeant Fernando De La Rosa. To Rules and Resolutions. HR 2601 by McClendon. In memory of Robert Washington, Jr., of San Antonio. To Rules and Resolutions. HR 2602 by Pena. Commending Paul Kamprath for his service as clerk of the House Committee on Technology. To Rules and Resolutions. HR 2604 by Davis. Congratulating J'Nay Washington on her graduation from the Texas School for the Deaf. To Rules and Resolutions. HR 2605 by Davis. Honoring Edna Pemberton for her contributions to her community. To Rules and Resolutions. HR 2606 by Davis. Honoring Iva J. Price for her contributions to her community. To Rules and Resolutions. HR 2607 by Riddle. In memory of Frederick Cordingley "Bud" Hadfield. To Rules and Resolutions. HR 2608 by Strama. Congratulating Owen Whitworth of Austin on his retirement as director of the Audit Office for the Texas Department of Transportation. To Rules and Resolutions. HR 2609 by Strama. Congratulating John and Catherine Howard on their 50th wedding anniversary. To Rules and Resolutions. HR 2610 by Strama. Congratulating Rebecca Powers on her retirement as executive director of Impact Austin. To Rules and Resolutions. HR 2650 by Davis. Commending Dorothy Whaley for serving as a Democratic Party precinct chair in Dallas County. To Rules and Resolutions.
THE CHAIR: The House stands adjourned until 10:30 tomorrow.
(The House stands adjourned.)
