House Transcript, June 1, 2011

Texas House of Representatives. Wednesday, June 1st, 2011.

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

REPRESENTATIVE BRYAN HUGHES: Thank you, Mr. Speaker. Members, let's pray. Our Gracious Father, we come to you now and we just acknowledge who you are. We acknowledge that you are our creator. You made us, you made everything we see. Your Word says you made the stars, also. We know that demonstrates your power. We know you're all powerful, we know you're all loving, and we know you're all knowing. And we know that we can trust you. We confess to you that we don't trust you, we don't acknowledge you as we should individually. And, Father, we thank you for being so patient with us and so merciful to us. We thank you most of us for the Lord Jesus, and the many promises we find in your Word. And we know the thing (inaudible) that you didn't withhold your only son, but you freely gave Him up for us all. We know that with Him you'll freely give us all things. And so, as we thank you for the sacrifice He made for our sins, we come before you and you we boldly ask you for wisdom today. Each of us represent diverse constituencies with different interests and concerns and different challenges. And, together, we represent a wonderful state and wonderful people, whom you have blessed. So, Father, with this wisdom, show us what to do and keep us humble in the process. And thank you for putting us here. Thank you for this tremendous responsibility that each one here, that each one here has. And we thank you for all these things. In Jesus' name. Amen.

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

REPRESENTATIVE NAOMI GONZALEZ: Thank you, Mr. Speaker. Members and guests in the gallery, please join me as we honor the flag of the United States of America and the great State of Texas. [PLEDGE]

REPRESENTATIVE JOE STRAUS: Excuse Representative Lewis because of important business in the district, on the motion of Representative Pitts. Excuse Representatives Simpson and Hochberg because of important business in the district, on the motion of Representative Gonzales. Excuse Representative Otto because of important business in the district, on the motion of Representative Gonzales. Excuse Representative Perry because of important business in the district, on the motion of Representative Isaac. Is there objection? Chair hears none. So ordered. The following bills on first real reading and referral:

THE CLERK: HB 1 by Pitts. Relating to certain state fiscal matters; providing penalties. To Appropriations. HB 2 by Pitts. Relating to appropriating money for the support of state government for the period beginning September 1, 2011, and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds; and declaring an emergency. To Appropriations. HB 4 by Solomons. Relating to the composition of the congressional districts for the State of Texas. To Redistricting. HB 5 by Kolkhorst. Relating to the Interstate Health Care Compact. To Select State Sovereignty. HB 7 by Zerwas. Relating to the administration, quality, and efficiency of health care, health and human services, and health benefits programs in this state. To Appropriations. HB 13 by Kolkhorst. Relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state. To Appropriations. HB 27 by Hochberg. Relating to reducing costs in public school extracurricular activities. To Public Education. HB 28 by Hochberg. Relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another. To Public Education. HB 29 by Hochberg. Relating to requirements for students to be assessed in certain subjects and in certain grades. To Public Education.

REPRESENTATIVE JOE STRAUS: Excuse Representatives Huberty and Schwertner because of important business on the district, on the motion of Representative Zerwas. Is there any objection? Chair hears none. So ordered. Members, several of you have asked about the House's work schedule this week so that you can plan your own schedule. And, as I mentioned yesterday, the House and the Senate have had an opportunity to confer now regarding several of the items the Governor has placed into call. And, as you may know, the Governor added an additional topic, congressional redistricting, to the call as well. Most of you are aware that Senate Finance, Education and Redistricting Committees have posted hearings for Thursday to begin their deliberations on the items within this special sessions call. The House Appropriations, Public Education and Redistricting Committees will also begin holding hearings on items within the call beginning tomorrow. I encourage each of you to visit with Representative Pitts, Eissler or Solomons regarding questions about their hearings. After reading and referral of bills and resolutions today the House will recess until 10:00 a.m. tomorrow. As most of you know Governor Clement's funeral is tomorrow in Dallas in the afternoon. The House will adjourn early Thursday to allow the committees to meet and to allow members who would like to go to the Governor's funeral to be able to do so. When we adjourn tomorrow, we will adjourn until 1:00 p.m. on Monday, June the 6th. There will not be any floor action on the items in the call for the rest of this week. I appreciate your patience as we work to complete the business of the state. And I know that you're as anxious as I am to get home to your families and to reconnect with your constituents in your communities. Representative Naishtat, for what purpose?

REPRESENTATIVE ELLIOT NAISHTAT: Mr. Speaker, parliamentary inquiry.

REPRESENTATIVE JOE STRAUS: State your inquiry.

REPRESENTATIVE ELLIOT NAISHTAT: It's my understanding that House Bill 2403, the out of state e-retailer, AKA Amazon tax fix was vetoed by the Governor yesterday. Yes?

REPRESENTATIVE JOE STRAUS: I do believe that's correct, yes.

REPRESENTATIVE ELLIOT NAISHTAT: Has the vetoed bill been returned to the House, as required by Article 4, Section 14 of the Texas Constitution?

REPRESENTATIVE JOE STRAUS: The Chair is not advised.

REPRESENTATIVE ELLIOT NAISHTAT: Mr. Speaker, if or when the bill returns to the House, what would be the procedure for overriding the veto?

REPRESENTATIVE JOE STRAUS: Mr. Naishtat, it is unclear what the legislature's options are under Rule 4, Article 4, Section 14 of the Texas Constitution. I would encourage you to visit with the parliamentarian about options available.

REPRESENTATIVE ELLIOT NAISHTAT: Mr. Speaker, do you know if there are any judicial decisions or Attorney General opinions or a legislative precedence that would prohibit the House from overriding or attempting to override the Governor's veto of this bill during this special session?

REPRESENTATIVE JOE STRAUS: The Chair is not aware. And, again, I would encourage you to visit with our parliamentarian about options that are available.

REPRESENTATIVE ELLIOT NAISHTAT: The last question: Is the subject of the out of state e-retailer, AKA Amazon tax fix legislation, included within the call to this special session?

REPRESENTATIVE JOE STRAUS: Representative Naishtat, it may or may not be an item that could be considered under the call under fiscal matters. I would encourage you to visit with Chairman Pitts.

REPRESENTATIVE ELLIOT NAISHTAT: Thank you, Mr. Speaker.

REPRESENTATIVE JOE STRAUS: Thank you. Following proclamation from the Governor:

THE CLERK: To the Senate and House of Representatives of the 82nd Texas Legislature First Call Session. Whereas the people of Texas, through their State Constitution have placed the power to call the legislature into special session in the hands of the Chief Executive Officer of the state. And whereas the members of 82nd Texas Legislature First Called Session have now convened to consider items presented to them by the Governor. Now, therefore I, Rick Perry, Governor of the State of Texas, by the authority vested in me by Article 4, Section 8 and Article 3, Section 40 of the Texas Constitution, do hereby present the following subject matter to the 82nd Texas Legislature First Call Session for consideration: Legislation related to congressional redistricting. In testimony whereof, I have signed my name officially and caused the Seal of the State to be affixed to. At Austin, this 31st day of 2011. Rick Perry, Governor of Texas.

REPRESENTATIVE JOE STRAUS: Please excuse Representative Torres because of a funeral, on the motion of Representative Pitts. Please excuse Representatives Castro and Lewis because of important business in the district on the motion of Representative Pitts. Is there objection? Chair hears none. So ordered. Members, are there any other announcements? Chair recognizes Representative Pitts for a motion.

REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I request for the Committee on Appropriations to meet while the House is in session at 9:00 a.m., June the 2nd in room E103O, to consider HB 1, HB 2 and HB 7.

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

REPRESENTATIVE JIM PITTS: Mr. Speaker, members, I move to suspend all necessary rules to allow the Committee on Appropriations to consider HB 1, HB 2 and HB 7 at 9:00 a.m., June the 2nd at room E1030.

REPRESENTATIVE JOE STRAUS: You've heard the motion. Is there objection? Chair hears none. So ordered. Following announcement. Clerk will read the announcement.

THE CLERK: The Committee on Appropriations will meet at 9:00 a.m. on June 2nd, 2011 at E1.030. This will be a public hearing to consider HB 1, HB 2 and HB 7.

REPRESENTATIVE JOE STRAUS: Excuse Representative driver because of important business in the district, on the motion of Representative Zerwas. Is there objection? Chair hears none. If there are no further announcements, Representative Smith of Harris moves the House stand in recess until 10:00 a.m. tomorrow.

(The House stands in recess.)