SIXTH DAY (CONTINUED) --- THURSDAY, JULY 25, 2013

The house met at 2 p.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 43).

Present — Mr. Speaker; Allen; Alonzo; Alvarado; Anderson; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Branch; Burkett; Burnam; Button; Callegari; Canales; Capriglione; Carter; Clardy; Coleman; Collier; Cook; Cortez; Craddick; Creighton; Dale; Darby; Davis, J.; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Eiland; Elkins; Fallon; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Geren; Giddings; Goldman; Gonzales; González, M.; Gonzalez, N.; Gooden; Guerra; Guillen; Gutierrez; Harless; Harper-Brown; Hernandez Luna; Herrero; Hilderbran; Howard; Huberty; Hughes; Hunter; Isaac; Johnson; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Kleinschmidt; Klick; Kolkhorst; Krause; Kuempel; Larson; Laubenberg; Lavender; Leach; Lewis; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Menéndez; Miles; Miller, R.; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Orr; Otto; Paddie; Parker; Patrick; Perez; Perry; Phillips; Pickett; Pitts; Price; Raney; Ratliff; Raymond; Reynolds; Riddle; Ritter; Rodriguez, E.; Rodriguez, J.; Rose; Sanford; Schaefer; Sheets; Sheffield, R.; Simmons; Simpson; Smith; Springer; Stephenson; Stickland; Taylor; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, E.S.; Turner, S.; Villalba; Villarreal; Vo; Walle; White; Workman; Wu; Zedler; Zerwas.

Absent, Excused — Anchia; Ashby; Crownover; Farias; Miller, D.; Oliveira; Sheffield, J.; Smithee.

The speaker recognized Representative Perry who offered the invocation.

The speaker recognized Representative Villalba who led the house in the pledges of allegiance to the United States and Texas flags.

The following members were granted leaves of absence for today because of important business:

D. Miller on motion of Hunter.

Smithee on motion of Hunter.

The following member was granted leave of absence for today because of personal business:

Farias on motion of Moody.

The following member was granted leave of absence for today because of illness:

Oliveira on motion of Moody.

The following members were granted leaves of absence for today because of important business in the district:

Anchia on motion of Wu.

Ashby on motion of Clardy.

Crownover on motion of Harless.

J. Sheffield on motion of S. Davis.

Pursuant to the provisions of Rule 14, Section 4 of the House Rules, at 2:14 p.m., the speaker announced that Representative Pickett would, in at least one hour, be recognized for the purpose of suspending all necessary rules and the regular order of business to consider HB 16 with senate amendments.

(Kuempel in the chair)

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 3).

Representative Guillen moved to suspend all necessary rules to take up and consider at this time HR 122.

The motion prevailed.

The following resolution was laid before the house:

HR 122, Congratulating Johnny Martinez on his retirement as public works director of Pleasanton.

HR 122 was adopted.

On motion of Representative Raymond, the names of all the members of the house were added to HR 122 as signers thereof.

Representative E. Rodriguez moved to suspend all necessary rules to take up and consider at this time HR 129.

The motion prevailed.

The following resolution was laid before the house:

HR 129, Congratulating Lee and Carol Crump of Cedar Park on their 50th wedding anniversary.

HR 129 was adopted.

On motion of Representative E. Rodriguez, the names of all the members of the house were added to HR 129 as signers thereof.

Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HCR 19.

The motion prevailed.

The following resolution was laid before the house:

HCR 19, Commemorating the 40th anniversary of Austin Community College.

HCR 19 was adopted.

On motion of Representative Naishtat, the names of all the members of the house were added to HCR 19 as signers thereof.

The following member was granted leave of absence for the remainder of today because of important business in the district:

Lucio on motion of Raymond.

Representative Villalba moved to suspend all necessary rules to take up and consider at this time HR 131.

The motion prevailed.

The following resolution was laid before the house:

HR 131, In memory of Richard W. Snyder of Dallas.

HR 131 was read and was unanimously adopted by a rising vote.

On motion of Representative Burkett, the names of all the members of the house were added to HR 131 as signers thereof.

(Speaker in the chair)

Representative Pickett called up with senate amendments for consideration at this time,

HJR 2, A joint resolution proposing a constitutional amendment to provide for revenue from motor fuel taxes to be used solely for constructing, maintaining, and acquiring rights-of-way for certain public roadways and to provide for the transfer of certain general revenue to the economic stabilization fund and the available school fund.

Representative Pickett moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HJR 2.

The motion prevailed. (White recorded voting no.)

The senate sent an amendment with a floor for the ESF. This measure is fiscally conservative and responsible.

White

The chair announced the appointment of the following conference committee, on the part of the house, on HJR 2: Pickett, chair; Phillips, Darby, Geren, and S. Turner.

(Geren in the chair)

Representative McClendon moved to suspend all necessary rules to take up and consider at this time the following congratulatory resolutions:

(Speaker in the chair)

HCR 8 (by J. Davis), Congratulating James Oran McCorquodale of Austin on his 90th birthday.

HR 1 (by Guillen), Congratulating Ruben Saenz on his retirement as administrator of South Texas College Starr County Campus.

HR 2 (by Guillen), Congratulating Juliana Falcon, salutatorian of the Grulla High School Class of 2013.

HR 3 (by Carter), Recognizing the Metrocrest Republican Club.

HR 4 (by Sanford), Congratulating Lou Ann Raetz on being named 2012 Civilian Employee of the Year by the McKinney Police Department.

HR 5 (by Sanford), Commending Sheriff Terry G. Box for his service to the citizens of Collin County.

HR 6 (by Sanford), Commending the Honorable Keith Self for his service as county judge of Collin County.

HR 7 (by Herrero), Congratulating Kathy Haynes on her receipt of the first Lifetime Achievement Award from the Tuloso-Midway Independent School District.

HR 8 (by Herrero), Congratulating Jeffery Boltz of Sandia on his receipt of a 2013 Nueces County Junior Livestock Show Association Scholarship.

HR 9 (by Herrero), Commemorating the NAACP's A Kings Dream: United We Stand event in Corpus Christi on August 28, 2013.

HR 10 (by Herrero), Commemorating the 100th anniversary of the Robstown Hardware Company.

HR 11 (by Herrero), Congratulating Dabi Reyna, Jr., of Robstown High School on receiving a Presidential Series Scholarship from Texas A&M University--Kingsville.

HR 12 (by Márquez), Recognizing Michael J. Dipp, Jr., on his 20 years as chair of the El Paso Central Business Association.

HR 13 (by Márquez), Congratulating Robert L. Bowling III on receiving the Pioneer Award from the El Paso Association of Builders.

HR 14 (by Márquez), Congratulating the Paso del Norte Children's Development Center on its 65th anniversary.

HR 15 (by Creighton), Honoring Judy Smith for her service as Republican chair of Montgomery County Precinct 72.

HR 20 (by Price), Congratulating Baptist St. Anthony's Health System on being named one of the nation's "100 Top Hospitals" for 2013 by Thomson Reuters.

HR 26 (by Bell, et al.), Commending Dr. George C. Wright on his 10 years as president of Prairie View A&M University.

HR 27 (by Leach), Honoring Greg Wright for serving as Republican Party precinct chair of Precinct 157 in Collin County.

HR 28 (by Leach), Honoring Ryan Dry for serving as Republican Party precinct chair of Precinct 138 in Collin County.

HR 29 (by Leach), Honoring Melissa Spence for serving as Republican Party precinct chair of Precinct 130 in Collin County.

HR 30 (by Leach), Honoring John Frick for serving as Republican Party precinct chair of Precinct 125 in Collin County.

HR 31 (by Leach), Honoring Frank Branham for serving as Republican Party precinct chair of Precinct 121 in Collin County.

HR 32 (by Leach), Honoring Harold Waddill for serving as Republican Party precinct chair of Precinct 78 in Collin County.

HR 33 (by Leach), Honoring Dale Rose for serving as Republican Party precinct chair of Precinct 77 in Collin County.

HR 34 (by Leach), Honoring John Knight for serving as Republican Party precinct chair of Precinct 65 in Collin County.

HR 35 (by Leach), Honoring John Myers for serving as Republican Party precinct chair of Precinct 64 in Collin County.

HR 36 (by Leach), Honoring Arthur Young for serving as Republican Party precinct chair of Precinct 62 in Collin County.

HR 37 (by Leach), Honoring Chrysti Bryant for serving as Republican Party precinct chair of Precinct 58 in Collin County.

HR 38 (by Leach), Honoring Henry Popp for serving as Republican Party precinct chair of Precinct 55 in Collin County.

HR 39 (by Leach), Honoring Damian Ogoke for serving as Republican Party precinct chair of Precinct 54 in Collin County.

HR 40 (by Leach), Honoring Denise Midgley for serving as Republican Party precinct chair of Precinct 53 in Collin County.

HR 41 (by Leach), Honoring Ronald Alexander for serving as Republican Party precinct chair of Precinct 40 in Collin County.

HR 42 (by Leach), Honoring Sandy Halsey for serving as Republican Party precinct chair of Precinct 32 in Collin County.

HR 43 (by Leach), Honoring Deidra Dennis for serving as Republican Party precinct chair of Precinct 5 in Collin County.

HR 44 (by Huberty), Congratulating Carolyn and Christopher Peavey on the birth of their son, Jackson William Peavey.

HR 45 (by Leach), Honoring Sally Terrell for serving as Republican Party precinct chair of Precinct 120 in Collin County.

HR 46 (by Leach), Honoring Mary Carl Finkelstein for serving as Republican Party precinct chair of Precinct 107 in Collin County.

HR 47 (by Leach), Honoring Charles Christian for serving as Republican Party precinct chair of Precinct 94 in Collin County.

HR 48 (by Leach), Honoring Neal Katz for serving as Republican Party precinct chair of Precinct 91 in Collin County.

HR 49 (by Leach), Honoring Charles Conrad for serving as Republican Party precinct chair of Precinct 85 in Collin County.

HR 50 (by Leach), Honoring David Brewer for serving as Republican Party precinct chair of Precinct 66 in Collin County.

HR 51 (by Leach), Honoring Denise Cook for serving as Republican Party precinct chair of Precinct 63 in Collin County.

HR 52 (by Leach), Honoring Mike Bronsky for serving as Republican Party precinct chair of Precinct 39 in Collin County.

HR 54 (by Leach), Honoring Karin Tucker for serving as Republican Party precinct chair of Precinct 70 in Collin County.

HR 55 (by Leach), Honoring Dixie Clem for serving as Republican Party precinct chair of Precinct 26 in Collin County.

HR 56 (by Leach), Honoring Jeran Akers for serving as Republican Party precinct chair of Precinct 21 in Collin County.

HR 58 (by Smith), Congratulating Gary Englert on being named the 2013 Baytown Citizen of the Year by the Baytown Sun.

HR 59 (by Guillen), Congratulating Gabriella Trevino, valedictorian of the Lasara High School Class of 2013.

HR 60 (by Price), Congratulating the members of the Borger High School varsity honors choir on their achievements in the 2013 Texas State Solo-Ensemble Contest.

HR 65 (by D. Bonnen), Congratulating Dr. John Ray of Lake Jackson on his retirement as dean of industry and community resources at Brazosport College.

HR 66 (by D. Bonnen), Congratulating Dr. Ken Tasa on his retirement as Brazosport College senior vice president of academic and student affairs.

HR 68 (by D. Miller), Congratulating Peter DeWitt Anderson, Jr., and Leah Anderson of New Braunfels on their 25th wedding anniversary.

HR 69 (by Bohac), Honoring Pastor Mary Roberson and Deacon Buck Roberson of Latter Day Prayer Band Ministries for their years of service and leadership.

HR 70 (by Bohac), Congratulating Linda Linder of Houston on her retirement from Second Baptist School.

HR 71 (by Bohac), Congratulating Jim Robinson on his retirement as chief appraiser of the Harris County Appraisal District.

HR 73 (by Paddie), Honoring Euodias Harris on her 100th birthday.

HR 76 (by Hughes), Congratulating Dawn Trammell of the Luscious Crumb bakery in Mineola on winning the eighth season of Cupcake Wars on the Food Network.

HR 77 (by Guillen), Congratulating Francelli Villanueva, salutatorian of the Hebbronville High School Class of 2013.

HR 80 (by Frullo), Commemorating the 30th anniversary of the Catholic Diocese of Lubbock.

HR 83 (by Guillen), Congratulating Hunter Thomas, salutatorian of the Lasara High School Class of 2013.

HR 84 (by Guillen), Congratulating Tres Gilbert Guerra, valedictorian of the Hebbronville High School Class of 2013.

HR 85 (by Alonzo), Commemorating the grand opening of Peralta Chiropractic in Dallas.

HR 86 (by Moody), Congratulating Adrian Martinez for his performance with the Canutillo Select junior varsity team during the Mid America Youth Basketball tournament in Pueblo, Colorado.

HR 87 (by Wu), Commemorating the 2013 Annual Ramadan Iftar Dinner of the Muslim Communities of Greater Houston.

HR 88 (by Wu), Commemorating the 2013 Houston Iftar Ramadan dinner with Mayor Annise Parker.

HR 91 (by Huberty), Commending Robert Yarbrough for his service with the Houston Fire Department.

HR 94 (by Hughes, et al.), Honoring Don Garner, Texas state director of Capitol Commission, on his 50th birthday.

HR 95 (by Hughes), Congratulating the boys' and girls' track and field teams of Home Education Athletics of Tyler on winning their respective Texas Christian Athletic League Division 2 state championships for 2013.

HR 99 (by Morrison), Congratulating Russell Cain on being named Volunteer of the Year from Senate District 18 by the State Republican Executive Committee.

HR 102 (by Alonzo), Commemorating the Methodist Dallas Medical Center National Night Out crime and drug prevention observance.

HR 103 (by Alonzo), Commemorating the 2013 National Night Out event in Cockrell Hill.

HR 104 (by Alonzo), Commemorating the 2013 National Night Out event in Grand Prairie.

HR 105 (by Alonzo), Commemorating the 2013 National Night Out event in Irving.

HR 109 (by Klick), Congratulating Sergeant Dusty Scott on his retirement from the North Richland Hills Police Department.

HR 110 (by Klick), Congratulating Officer Ron White on his retirement from the North Richland Hills Police Department.

HR 111 (by Raney, et al.), Commending Dr. R. Bowen Loftin for his service as president of Texas A&M University.

HR 112 (by Sanford), Honoring Mike Nevil of McKinney on the event of his 70th birthday.

HR 113 (by Clardy), Honoring Luman W. Holman of Jacksonville for 70 years of service to the Kiwanis Club.

HR 117 (by Alonzo), Honoring Jeffrey P. Fegan, chief executive officer of Dallas/Fort Worth International Airport.

HR 118 (by Phillips), Congratulating Jerry Chapman on his retirement as general manager of the Greater Texoma Utility Authority.

HR 121 (by Harless, et al.), Commending Judge Tom Lawrence on his service as Harris County Justice of the Peace, Precinct 4, Place 2.

HR 123 (by Flynn), Congratulating Judy Flanagin on being named the 2012-2013 Weatherford Rotarian of the Year.

HR 124 (by Frullo), Congratulating Gerry and Alice Williams on their 50th wedding anniversary.

HR 125 (by Frullo), Congratulating Andrew and Mary Kitten of Lubbock on their 65th wedding anniversary.

HR 126 (by Frullo), Congratulating Jim and Janice Conkwright of Lubbock on their 50th wedding anniversary.

HR 127 (by Farney), Congratulating Krista and Alex Stevens on the birth of their daughter, Luella Leigh Stevens, and recognizing Luella as an honorary Texan.

HR 128 (by Farney), Congratulating Gary Clack of Georgetown on receiving a Texas Armed Services Scholarship.

HR 130 (by Farney), Congratulating the Cameron Yoe High School Band on its selection as the 2A State Honor Band for 2014 by the Texas Music Educators Association.

HR 132 (by Moody), Congratulating Larry Phifer of El Paso on the publication of his children's book World on a String.

HR 137 (by Alonzo), Congratulating singer-songwriter Scott Dean of Dallas on the release of his first collection of country music.

HR 141 (by Springer), Congratulating Air Tractor, Inc., of Olney on the delivery of its 3,000th aircraft.

HR 144 (by Paddie), Congratulating Sarah Stapleton of William B. Travis Elementary School on her selection as the Marshall Independent School District Teacher of the Year for 2012-2013.

HR 145 (by Rose), Congratulating Victoria Neave on her election as chair of the Southeast Dallas Hispanic Chamber of Commerce.

The motion to suspend all necessary rules prevailed, and the resolutions were adopted.

Representative McClendon moved to suspend all necessary rules to take up and consider at this time the following memorial resolutions:

HCR 13 (by Moody), In memory of World War II veteran Jacinto Romo of El Paso.

HR 16 (by Stephenson), In memory of Christopher "Hoss" Earl Ullrich Linzza of El Campo.

HR 19 (by Orr), In memory of U.S. Army Sergeant William Robert Moody of Burleson.

HR 53 (by Clardy), In memory of Dr. Jack Dennis McCullough, Jr., of Nacogdoches.

HR 57 (by Smith), In memory of James Coleman Godwin of Baytown.

HR 62 (by Sanford), In memory of Nicole Marie Quincy of McKinney.

HR 67 (by Hilderbran), In memory of Dale Priour of Ingram.

HR 72 (by Bohac), In memory of U.S. District Judge Edward Huggins Johnstone of Louisville, Kentucky.

HR 74 (by Collier), In memory of James Turner.

HR 75 (by Larson), In memory of the 19 members of the Prescott, Arizona, Fire Department's Granite Mountain Hotshots killed in the Yarnell Hill fire.

HR 82 (by E. Rodriguez), In memory of Dolores Gonzales of Austin.

HR 92 (by Huberty), In memory of Merilyn Kathleen Hartnett Deane of Kingwood.

HR 93 (by Smith, et al.), In memory of Billy Ed Wilson of Belton.

HR 107 (by Harper-Brown), In memory of Cynthia Elaine Jones Burks of Grand Prairie.

HR 108 (by Hilderbran), In memory of Ronald Sanderson of Tow.

HR 119 (by Dale, et al.), In memory of Yiannis "Ann" Holmes Daniels of Georgetown.

HR 133 (by Hilderbran), In memory of Paul Hugo Weyrauch of Horseshoe Bay.

HR 134 (by Hilderbran), In memory of Billy Ray Chisum of Leakey.

HR 135 (by Hilderbran), In memory of Barbara Curtin Pace of Kerrville.

HR 136 (by D. Bonnen), In memory of Sister Mary Antoinette Peltier of Victoria, founder of Our Lady Queen of Peace Catholic School in Richwood.

HR 142 (by Hughes), In memory of Billy Frank Wansley of Quitman.

HR 143 (by Hughes), In memory of Shannon Thomas Seaton of Mineola.

The motion to suspend all necessary rules prevailed, and the resolutions were unanimously adopted by a rising vote.

At 3:17 p.m., the speaker announced that the house would stand at ease.

The speaker called the house to order at 3:43 p.m.

At 3:43 p.m., the speaker announced that the house would stand at ease.

(Sheets in the chair)

The chair called the house to order at 4:56 p.m.

At 4:57 p.m., the chair announced that the house would stand at ease.

(Speaker in the chair)

The speaker called the house to order at 5:05 p.m.

Pursuant to notice of intent given earlier today, Representative Pickett moved to suspend all necessary rules and Rule 6, Section 16 and Rule 13, Section 5 of the House Rules to call up HB 16 with senate amendments before it is eligible.

The motion prevailed.

Messages from the senate were received at this time (see the addendum to the daily journal, Messages from the Senate, Message Nos. 1 and 2).

Representative Pickett called up with senate amendments for consideration at this time,

HB 16, A bill to be entitled An Act relating to state revenues, including the provision and use of revenue for transportation, the transfer of revenue to the available school fund, and the administration of, transfers to, and appropriations from the economic stabilization fund; making contingent appropriations.

Representative Pickett moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 16.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 16: Harper-Brown, chair; Pickett, S. Thompson, Otto, and Larson.

At 5:08 p.m., Representative Hunter moved that, at the conclusion of the receipt of messages from the senate, the house adjourn until 2 p.m. Monday, July 29 in memory of the Honorable Tom Greenwell of Nueces County.

The motion prevailed.

(White in the chair)

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).

In accordance with a previous motion, the house, at 5:21 p.m., adjourned until 2 p.m. Monday, July 29.

The following bills and resolutions were today signed in the presence of the house by the speaker:

House List No. 3

HCR 7, HCR 14, HCR 16, HCR 18

The following messages from the senate were today received by the house:

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, July 25, 2013 - 1

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the senate to inform the house that the senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

In memory of U.S. Air Force Captain Mark Tyler Voss of Boerne.

In memory of Paul Gene Roden of Paris.

In memory of Gerald Glen Bawcum of Paris, Texas.

In memory of Franklin Joseph Homer, Sr., of Paris.

Commemorating the 40th anniversary of Austin Community College.

THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

Senate Conferees: Nichols - Chair/Eltife/Hinojosa/Whitmire/Williams

Respectfully,

Patsy Spaw

Secretary of the Senate

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, July 25, 2013 - 2

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the senate to inform the house that the senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

Relating to a study of the provision and use of certain state revenue.

(Committee Substitute)

Respectfully,

Patsy Spaw

Secretary of the Senate

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, July 25, 2013 - 3

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the senate to inform the house that the senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

Directing the governor of the State of Texas to award the Texas Legislative Medal of Honor posthumously to Audie Murphy.

In memory of El Paso County Commissioner Daniel Richard Haggerty.

THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

Senate Conferees: Nichols - Chair/Eltife/Hinojosa/Whitmire/Williams

Respectfully,

Patsy Spaw

Secretary of the Senate

July 19 - HB 16, HJR 2

July 19 - HCR 16, HCR 18

July 24 - HCR 7, HCR 14

July 19 - HCR 4, HCR 11

July 18 - HB 2