REPRESENTATIVE JOE STRAUS: The House will come to order. Members, please register. Have all registered? Quorum is present. The House and gallery, please rise for the invocation. Chair recognizes Representative Berman to lead us in the invocation.
REPRESENTATIVE LEO BERMAN: Mr. Speaker, members, it's an honor for me to have an opportunity to do the invocation this morning. I'm going to pray a prayer that was written several hundred years ago. Many of you have heard it. It's a prayer by St. Francis of Assisi. Saint Francis loved the Lord Jesus Christ and he prayed frequently and very fervently. So will you bow with me? Lord, make me an instrument of your peace. Where there is hatred, let me so love. Where there is injury, pardon. Where there is doubt, faith. Where there is despair, hope. Where there is darkness, light, and where there is sadness, joy. O Divine Master, grant they I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love. For it is in giving that we receive, it is in pardoning that we are pardoned, and it is in dying that we are born to eternal life. In the name of Jesus Christ. Amen.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Landtroop to lead us in the pledge.
REPRESENTATIVE JIM LANDTROOP: Thank you, Mr. Speaker and members and guests. If you would please join me in pledging allegiance to our United States flag and the flag of the great State of Texas. [PLEDGE]
REPRESENTATIVE JOE STRAUS: Excuse Representative Keffer for today and tomorrow because of important business, on the motion of the Representative Otto. Excuse Representative Alvarado because of important business, on the motion of Representative Brown. Excuse Representative Hildebrand because of important business, on the motion of Representative Madden. Excuse Representative Chisum because of important business, on the motion of the Representative Brown. Excuse Representative Johnson because of important business in the district, on the motion of Representative Howard. Excuse Representative Anchia because of important business, on the motion of Representative Howard. Excuse Representative Farias because of important business, on the motion of Representative Raymond. Is there objection? Chair hears none. So ordered. The following message from the Governor:
THE CLERK: Should the Senate and House of Representatives of the 82nd Texas Legislature First Called session. WHEREAS the people of the Texas for the State Constitution have placed the power to call the Texas Legislature into special session, the hands of the Chief Executive Officer of the State. WHEREAS the members of the 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, Article 3, Section 40 of the Texas Constitution do hereby present the following subject matters to the 82nd Texas Legislature First Called Session for consideration: Legislation relating to the operation of the Texas Windstorm Insurance Association. In testimony hereof I have signed my name officially, caused the Seal of the State to be affixed hereto at Austin, this 3rd day of June, 2011. Rick Perry, Governor of Texas.
REPRESENTATIVE JOE STRAUS: Members, I know there's been a lot of questions about the work schedule for the week. The calendars Committee just met a short time ago. The Chair recognizes Representative Hunter to cover the week's schedule.
REPRESENTATIVE TODD HUNTER: Thank you, Mr. Speaker. Members, this is the calendar that we have set for this week. First we will start Wednesday, with SB7, with Representative Zerwas. As some of the you remember, during the -- in May we had dealt with the issue regarding administration quality of the Health and Human Services. So that bill will be set for Wednesday. On Thursday, we will be doing Mr. Pitts' bills. One is the fiscal matters bill, which is known as SB 1. Then you also have the related appropriation of SB 2. In addition, it would be followed by Representative Kolkhorst's bill, which is HB 13; which is the medicaid. And then Representative Eissler, who had portions of the HB 400, has been split between Eissler, Aycock, Huberty and Shelton. That is scheduled for Thursday. So Wednesday, Thursday and Friday you will have active schedules. Tomorrow we will be presenting to the House a calendar rule, the calendar rule is for SB 1 and SB 2, which allows you to do amendments to 5:00 p.m. Wednesday. That's when it's going to be set. But there's a six-hour layout rule, so we are not able to propose that until tomorrow. So tomorrow I will come before the body and request a calendar rule be adopted for amendments, Wednesday at 5:00 p.m.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Howard for a recognition.
REPRESENTATIVE DONNA HOWARD: Thank you, Mr. Speaker. Members, joining us in the chamber today are members of the American Federation of Teachers, along with parents and other community members who are here to support public education. AFT 65,000 Texas members include teachers, para-professionals, support personnel and higher education employees across our state. Here today are members and local presidents from Dallas, Waco, Houston, Fort Bend, Corpus Christi, San Antonio and Austin. I believe they're up here in the gallery. Please stand and let us welcome you to your Capitol. Thank you for being here.
REPRESENTATIVE JOE STRAUS: Chair recognizes Representative Callegari for a motion.
REPRESENTATIVE BILL CALLEGARI: Mr. Speaker, members, I request permission for the Committee on Governmental Efficiency Reform to meet while the House is in session at 3:00 p.m. on June 6th, 2011, in room E2.012 to consider previously posted business.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Chair recognizes Representative Creighton.
REPRESENTATIVE BRANDON CREIGHTON: Mr. Speaker, members, I request permission for the Committee on State Sovereignty to meet while the House is in session at 1:30 p.m. June 6, 2011, in E2010 to consider House Bill 5.
REPRESENTATIVE JOE STRAUS: Members, you've heard the motion. Is there objection? Chair hears none. So ordered. Representative Naishtat, for what purpose?
REPRESENTATIVE ELLIOT NAISHTAT: Parliamen tary inquiry, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: State your inquiry.
REPRESENTATIVE ELLIOT NAISHTAT: Last week I asked two or three questions, veto of House Bill 2403, the out of state e-retailer, AKA Am.com fix. And the first we question was has the vetoed bill been returned to the House as required by Article 4, Section 14 of the Texas Constitution?
REPRESENTATIVE JOE STRAUS: Mr. Naishtat, the vetoed bill was returned to the Secretary of State, not to the House.
REPRESENTATIVE ELLIOT NAISHTAT: Thank you. What would be the procedure for overriding the veto?
REPRESENTATIVE JOE STRAUS: Mr. Naishtat, the overrider veto would be found in Article 4, Section 14 of the Texas Constitution.
REPRESENTATIVE ELLIOT NAISHTAT: The other question I asked was are there any judicial decisions, Attorney General opinions or legislative precedents that would prohibit the House from overriding the governor's veto of House Bill 2403 during this special session?
REPRESENTATIVE JOE STRAUS: Mr. Naishtat, the parliamentarian has looked at that and advises that there appear to be no legal decisions, or Attorney General's opinions either way, on this matter.
REPRESENTATIVE ELLIOT NAISHTAT: So then the question would be, at a certain point would you recognize a member of this body to make a motion to override the governor's veto of House Bill 2403?
REPRESENTATIVE JOE STRAUS: Mr. Naishtat, I would encourage you to visit with the parliamentarian before we get to that point, and visit with the Governor's Office.
REPRESENTATIVE ELLIOT NAISHTAT: Thank you, Mr. Speaker.
REPRESENTATIVE JOE STRAUS: Thank you. Excuse Representative Hochberg because of important business in the district, on the motion of Representative Turner. Is there objection? Chair hears none. So ordered. Are there any other announcements? If not, Representative Creighton moves the House stand adjourned pending the receipt of messages from the Senate and the reading and referral of bills until 10:00 a.m. tomorrow, in memory of Mary Ruth Loika of Austin who passed away on June 1st, 2011. House stands adjourned.
(The House stands adjourned.)
