THIRTY-FOURTH DAY --- THURSDAY, MARCH 16, 2017

The house met at 10:04 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 87).

Present — Mr. Speaker(C); Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Absent, Excused — Dukes; Farrar; Huberty.

The speaker recognized Representative Murphy who introduced Reverend Enda McKenna, pastor, St. Mary's Catholic Church, Fredericksburg, who offered the invocation.

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

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

Farrar on motion of Moody.

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

Huberty on motion of Murphy.

(Kuempel in the chair)

Representative Hunter requested permission for the Committee on Calendars to meet while the house is in session, at 10:15 a.m. today, in 3W.15, to set a calendar.

Permission to meet was granted.

The following committee meeting was announced:

Calendars, 10:15 a.m. today, 3W.15, for a formal meeting, to set a calendar.

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).

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

The motion prevailed.

The following resolutions were laid before the house:

HR 766 (by Kacal), Recognizing March 16, 2017, as West Day at the State Capitol.

HR 769 (by Kacal), Congratulating Dr. George Norvell Smith on his receipt of the 2017 Osteopathic Family Physician of the Year Award from the American College of Osteopathic Family Physicians.

HR 784 (by Dutton), Commemorating the 76th Southwestern Regional Conference of Sigma Gamma Rho Sorority, Inc.

HR 802 (by Murphy), Commemorating St. Patrick's Day and honoring the contributions that individuals of Irish descent have made to the State of Texas.

HR 817 (by Kacal), Honoring Frank Nemec of West for his civic engagement.

HR 874 (by Koop), Recognizing March 16, 2017, as Dallas Youth Commission and Garland Youth Council Day at the State Capitol.

HR 917 (by Romero), Congratulating Representative Senfronia Thompson on her receipt of the 2017 Family Champion Award from the Texas Council on Family Relations.

HR 926 (by Wilson), Recognizing March 16, 2017, as Williamson County Day at the State Capitol.

The resolutions were adopted.

On motion of Representative Lucio, the names of all the members of the house were added to the resolutions as signers thereof, with the understanding that a member may remove his or her name from any resolution.

AND MEMORIAL CALENDAR

Representative Lucio moved to set a congratulatory and memorial calendar for 10 a.m. today.

The motion prevailed.

On motion of Representative Lucio and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.

The chair recognized Representative Kacal who presented Dr. Eric Chudej of West as the "Doctor for the Day."

The house welcomed Dr. Chudej and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

The chair recognized Representative Kacal who introduced a delegation from West.

The chair recognized Representative Kacal who introduced Frank Nemec, World War II veteran.

Representative Deshotel moved to suspend all necessary rules to take up and consider at this time HR 931.

The motion prevailed.

The following resolution was laid before the house:

HR 931, Congratulating Colonel Troy Coronado on his retirement from the United States Army.

HR 931 was adopted.

The chair recognized Representative Koop who introduced representatives of the Dallas Youth Commission and Garland Youth Council.

The chair recognized Representative Longoria who introduced Joaquin Roman Rocha, a winner of the 2016 "Healthy Habits" Watermill Express/H-E-B Essay Writing Contest.

The chair recognized Representative Workman who introduced Ian McKenna and members of his family.

The chair recognized Representative Dutton who introduced representatives of Sigma Gamma Rho Sorority, Inc.

(Kacal in the chair)

The chair laid out and had read the following previously adopted resolution:

HR 31, Recognizing Serena K. Formby-Condon on the occasion of National Brain Injury Awareness Month in March 2017.

The chair recognized Representative Cyrier who introduced Serena K. Formby-Condon and members of her family and friends.

Representative Shine moved to suspend the five-day posting rule to allow the Committee on Business and Industry to consider HJR 56 and the previously posted agenda at 10 a.m. Monday, March 20 in E2.016.

(Speaker in the chair)

The motion prevailed by (Record 88): 119 Yeas, 21 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bernal; Blanco; Bonnen, D.; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Elkins; Faircloth; Fallon; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Israel; Johnson, E.; Kacal; Keough; King, K.; King, P.; King, T.; Koop; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Vo; Walle; Wilson; Workman; Wray; Wu; Zerwas.

Nays — Anderson, R.; Bell; Biedermann; Bohac; Burrows; Cain; Cyrier; Dutton; Hefner; Isaac; Johnson, J.; Klick; Lang; Paul; Rinaldi; Schaefer; Schofield; Shaheen; Stickland; Tinderholt; White.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dukes; Farrar; Huberty.

Absent — Krause; Miller; Schubert; Swanson; Villalba; Zedler.

When Record No. 88 was taken, I was shown voting no. I intended to vote yes.

Dutton

When Record No. 88 was taken, I was shown voting no. I intended to vote yes.

J. Johnson

When Record No. 88 was taken, I was shown voting yes. I intended to vote no.

Keough

When Record No. 88 was taken, I was shown voting yes. I intended to vote no.

Leach

When Record No. 88 was taken, I was shown voting yes. I intended to vote no.

Metcalf

When Record No. 88 was taken, I was in the house but away from my desk. I would have voted yes.

Miller

When Record No. 88 was taken, I was shown voting yes. I intended to vote no.

Sanford

When Record No. 88 was taken, my vote failed to register. I would have voted yes.

Schubert

When Record No. 88 was taken, I was in the house but away from my desk. I would have voted no.

Swanson

When Record No. 88 was taken, I was in the house but away from my desk. I would have voted yes.

Zedler

Recognizing the potential impact Representative Shine's motion to suspend the five-day posting rule could have on the house calendar and the potential effects it could have on the passage of conservative legislation, I cannot in good faith support this motion. I, therefore, change my vote from "yes" to "no."

Leach

The following committee meeting was announced:

Business and Industry, 10 a.m. Monday, March 20, E2.016, for a public hearing, to consider HJR 56 and the previously posted agenda.

(Kacal in the chair)

The chair recognized Representative VanDeaver who introduced representatives of the Texas PTA.

Pursuant to Rule 4, Section 9 of the House Rules, Representative Burkett requested permission for all committees and subcommittees to meet while the house is in session, during bill referral today, pursuant to their committee postings. For purposes of this motion, those committees and subcommittees that are scheduled to meet upon adjournment or final recess today shall be considered to be scheduled to meet during bill referral today.

Permission to meet was granted.

(Speaker in the chair)

The following bills were laid before the house and read third time:

HB 511, A bill to be entitled An Act relating to removing the deadline for the Department of Family and Protective Services to enter into permanency care assistance agreements.

HB 511 was passed by (Record 89): 145 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C); Miller.

Absent, Excused — Dukes; Farrar; Huberty.

When Record No. 89 was taken, I was shown voting present, not voting. I intended to vote yes.

Miller

The following bills were laid before the house and read third time:

HB 62, A bill to be entitled An Act relating to the use of a wireless communication device while operating a motor vehicle; creating a criminal offense; modifying existing criminal penalties.

Representative Krause offered the following amendment to HB 62:

Amend HB 62 on third reading in added Section 545.4251(h), Transportation Code, by striking "also constitutes an offense under another law, including a municipal ordinance," and substituting "also constitutes an offense under a municipal ordinance,".

REPRESENTATIVE HINOJOSA: Mr. Krause, I just want to clarify the intent. As you told me, you don't intend for this statute, if this bill passes, to supersede a municipality's ordinance––that has a higher level, or higher standard––that prohibits the use of handheld devices in that municipality. Is that correct?

REPRESENTATIVE KRAUSE: If you get charged with an infraction that is other than texting, you can still be fined for that. It's only if you are charged with a texting offense at the state level and the municipal level, you only get charged once. So it would not affect anything else other than the texting while driving offense.

HINOJOSA: So you don't intend––if someone is using their phone in a municipality where that is prohibited in that municipality––if they're using their phone to talk on it, this bill would not preempt that person being prosecuted under that municipal ordinance?

KRAUSE: That's correct because under this section it only deals with texting while driving, not anything else.

Representative Hinojosa moved to print remarks between Representative Krause and Representative Hinojosa.

The motion prevailed.

Amendment No. 1 was adopted.

HB 62, as amended, was passed by (Record 90): 114 Yeas, 32 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Faircloth; Fallon; Flynn; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; King, K.; King, P.; Koop; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Perez; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schubert; Sheffield; Shine; Simmons; Smithee; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Walle; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Bell; Biedermann; Burns; Cain; Dean; Dutton; Elkins; Frank; Guillen; Hefner; Holland; Keough; King, T.; Klick; Krause; Lang; Metcalf; Murphy; Paul; Phelan; Rinaldi; Sanford; Schaefer; Schofield; Shaheen; Springer; Stickland; Swanson; Tinderholt; Vo; White; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dukes; Farrar; Huberty.

First, I want to express my respect for Dean Craddick. He is a Texas icon and his staying power from the late '60s as a republican caucus of one, then a few, to a growing minority, and eventually a solid republican majority in the Texas House of Representatives is remarkable.

On March 15, Dean Craddick laid out HB 62 on second reading. HB 62 seeks to prohibit texting while driving to include imposing a Class C criminal offense. I voted nay on HB 62. My vote no on HB 62 is not a vote of affirmation for texting while driving. Any distracted driving, and that includes texting, is dangerous and there begins the first defect in this bill. HB 62 imposes a criminal offense. In a free society, a jurisdiction's criminal code represents the explicit and primary role of government: restrain evil and punish the wrongdoer in order to expand and promote liberty and prosperity.

Unfortunately, HB 62 does not do this. First, our traffic code already has sanctions against reckless driving. According to the House Research Organization's summary, HB 62 "would make it a misdemeanor offense for a driver to use a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle was stopped." As the floor debate revealed, everything projected on a wireless device is a "message," such as the time of the day. However, this legislation "would provide a defense to prosecution if the driver was using a hands-free device, including voice-operated technology; reporting illegal activity or summoning emergency help; reading an electronic message that the person reasonably believed concerned an emergency; or relaying information to a dispatcher or digital network through a digital device." This is very interesting. One could make the case that emergency situations are rare; however, some could make the case that reading and/or reporting an emergency message could create an unsafe condition on the road. Additionally, it is intriguing that a defense to prosecution is offered to commercial drivers. However, there is no mention that commercial drivers receive specialized training on transmitting information through a digital device in a safe manner. Understand that commercial drivers operate vehicles from small cars to large trucks carrying overweight loads.

Futhermore, "the bill would prohibit the seizure or inspection of a driver's cell phone by a peace officer unless it was authorized by another law and would prohibit the Department of Motor Vehicles from assigning points to a driver's license for a texting-while-driving offense." By placing this prohibition on law enforcement, this writer is not sure how law enforcement could verify that the driver is texting or that the driver can prove one of the defenses of prosecution. Of course, opening up any search of a driver's cell phone device poses many serious constitutional issues. Despite the author's claims, this writer is suspect that law enforcement can detect someone texting while driving on an interstate with speed limits up to 75 mph.

The defenses to prosecution affirm that some texting while driving is appropriate and that a driver could probably text safely. However, the intent of the legislation does highlight the danger posed by any texting while driving. Therefore, the logical approach would include language in which a law enforcement official notices reckless driving and associates that unsafe driving with texting. A member of the house suggested such language, but the author claimed that this language would gut the bill. However, it seems that such language would have strengthened the bill because it would have linked the texting with a clear action.

Especially when legislators weigh in on the criminal code, it is important that we give the executive clear legislative intent. HB 62 fails to do this and, in fact, adds more uncertainty to an issue that needs more clarity.

White

Representative Laubenberg moved to suspend the five-day posting rule to allow the Committee on Elections to consider HB 1707 and the previously posted agenda at 2 p.m. or upon final adjournment/recess Monday, March 20 in E1.026.

REPRESENTATIVE LEACH: Representative Laubenberg, I think there is some confusion on the vote that we just took on Representative Shine's suspension. And I just want to clarify, or have you clarify for the body---what actually are we doing on the suspension of the posting rule?

REPRESENTATIVE LAUBENBERG: Right, right. What this actually does is allow a fellow member to have their bill heard in committee. My fault, I left it off my list. I intended to set it, and it got so crazy that I submitted my posting list, but left a bill off. That doesn't mean the bill is going to pass. It doesn't mean I agree or disagree with it. I'm allowing the member to have an opportunity to have their bill heard, and that's all it is.

LEACH: So any member---can any member bring a suspension---motion to suspend? That might be a parliamentary inquiry, Mr. Speaker.

SPEAKER STRAUS: Any chairman, Mr. Leach.

LEACH: Any chair. So in this instance, it's my understanding, Representative Laubenberg, that it is Representative Swanson's?

LAUBENBERG: Yes, it's Valoree Swanson's bill.

LEACH: Valoree Swanson's bill, which you inadvertently, for whatever reason, had left off the posting for next week's committee hearing.

LAUBENBERG: I had committed to her---Valoree's here, any member can speak with her. I had committed to her that I would set her bill.

LEACH: Okay, so just to be clear, Representative Swanson wants her bill heard next week?

LAUBENBERG: Yes.

LEACH: You had a conversation on the floor, or in her office, and told her you would give her a hearing and you inadvertently left her off the list.

LAUBENBERG: Yes, I did.

LEACH: You left her bill off the list. So now you're coming to the body to allow us to suspend the five-day posting rule to let you amend the public notice to put her bill on the list.

LAUBENBERG: That is what it does.

LEACH: It's merely a procedural vote and courtesy to other members of this body?

LAUBENBERG: That is correct.

LEACH: Not a substantive vote on the actual issue?

LAUBENBERG: No, not at all. Not at all.

SPEAKER: Mr. Leach, this is the same situation we just voted on a few minutes ago.

LAUBENBERG: Yeah, it's what we basically did for the other one.

The motion prevailed.

The following committee meeting was announced:

Elections, 2 p.m. or upon final adjournment/recess Monday, March 20, E1.026, for a public hearing, to consider HB 1707 and the previously posted agenda.

Representative Sanford moved to print remarks between Representative Leach and Representative Laubenberg.

The motion prevailed.

(Lucio in the chair)

On motion of Representative Kacal and by unanimous consent, the house agreed to dispense with the reading of the resolutions on the congratulatory calendar, with the understanding that the resolutions will be recorded in the journal.

HCR 55 (by Hunter, et al.), Congratulating Betty Lamb on her retirement from the Coastal Bend Council of Governments.

HCR 61 (by Ashby), Recognizing the Stop the Bleed campaign.

HCR 63 (by Isaac), Commemorating the inaugural season of the Dripping Springs Pop Warner football and cheerleading program.

HR 5 (by Schofield), Congratulating Jeff Bagwell of the Houston Astros on his induction into the National Baseball Hall of Fame.

HR 642 (by Hunter), Recognizing March 7, 2017, as Transit Day at the State Capitol.

HR 658 (by Guerra), Recognizing April 16 to 22, 2017, as National Healthcare Decisions Week.

HR 662 (by Gonzales), Congratulating Assistant Chief Troy D. Evans of the Round Rock Police Department on his retirement.

HR 663 (by Israel), Congratulating Joe H. Morin on his retirement from the Office of the Governor.

HR 684 (by Herrero), Honoring Matt Lohmeier and Jesse Elizondo for their efforts to end chronic homelessness in Corpus Christi.

HR 685 (by J. Rodriguez), Commemorating the bicentennial of the Society of Mary.

HR 688 (by Herrero), Congratulating June Davenport on her receipt of a Proud You're a Picker Award from the Robstown Independent School District.

HR 689 (by Herrero), Congratulating Angelique Fernandez-Leary on her receipt of a Proud You're a Picker Award from the Robstown Independent School District.

HR 690 (by Herrero), Congratulating Laura Zimmerman on her receipt of a Proud You're a Picker Award from the Robstown Independent School District.

HR 691 (by Longoria), Congratulating Alejandra Robledo for winning the second annual Celebration of Spanglish Day Creative Writing Contest.

HR 693 (by Nevárez), Recognizing February 28, 2017, as Culberson County Day at the State Capitol.

HR 696 (by C. Anderson), Congratulating Robert Ross on being recognized in the Waco Tribune-Herald as part of its Voices of Valor series.

HR 697 (by Price), Commemorating Texas Independence Day on March 2, 2017.

HR 698 (by C. Anderson), Congratulating veterans Ira B. Gohlke and Ray Westerfeld of McGregor on their recognition as Voices of Valor by the Waco Tribune-Herald.

HR 699 (by C. Anderson), Congratulating Lieutenant Johnny Spillman on his retirement from the McLennan County Sheriff's Office.

HR 700 (by Simmons), Congratulating Brady Jones of Lewisville on attaining the rank of Eagle Scout.

HR 701 (by C. Anderson), Congratulating Captain Bubba Colyer on his retirement from the McLennan County Sheriff's Office.

HR 702 (by C. Anderson), Congratulating Lawrence and Melba Bowers on their 70th wedding anniversary.

HR 703 (by Kacal and Raney), Commemorating the 20th anniversary of Texas Task Force 1.

HR 704 (by Gonzales), Recognizing March 23, 2017, as Community Impact Newspaper Day at the State Capitol.

HR 705 (by Gonzales), Congratulating David U. Flores on his retirement as Williamson County auditor.

HR 707 (by White), Congratulating Trenton Sell of Lumberton on achieving the rank of Eagle Scout.

HR 710 (by Wray), Recognizing members of the Milford Chapter of the National Honor Society on their visit to the State Capitol.

HR 717 (by Schofield, Zerwas, and Bell), Commending Fabol R. Hughes for his service as mayor of the City of Katy.

HR 718 (by Capriglione), Honoring the Lions of Texas on the occasion of the 100th anniversary of Lions Clubs International.

HR 719 (by Herrero), Congratulating Lucas Beltran of Corpus Christi on his success as a United States Naval Academy gymnast.

HR 720 (by J. Rodriguez), Commemorating the 50th anniversary of Sul Ross Middle School in San Antonio.

HR 722 (by Zedler), Honoring the Mansfield Area Chamber of Commerce.

HR 724 (by Lozano), Congratulating Lynn Burton on his retirement as superintendent of Orange Grove ISD.

HR 727 (by Lucio), Recognizing March 29, 2017, as Rural Water Day at the State Capitol.

HR 732 (by Y. Davis), Congratulating Dorothy L. Stoker-Starks on her retirement from the Veterans Affairs Medical Center in Dallas.

HR 733 (by Workman), Honoring the Central Texas Water Coalition and its efforts to preserve the Highland Lakes.

HR 737 (by T. King), Recognizing March 21, 2017, as Dimmit County Day at the State Capitol.

HR 741 (by Alonzo), Honoring the Grand Prairie Unity Coalition on its efforts to promote cultural awareness and inclusiveness in the community.

HR 745 (by Dale), Honoring the Chinese Society of Austin for its contributions to the community.

HR 752 (by Alonzo), Commending Chief Stuart Parsons Sr., Vice Chief Wynnfred Batey, and Secretary Andrew Parsons Jr. for their service to the Echota Cherokee of Texas.

HR 754 (by Sanford), Congratulating Lisa Loughney of Dallas on her retirement from the Texas Comptroller of Public Accounts.

HR 755 (by Springer), Honoring the founding members of the Cooke County Republican Women and congratulating the CCRW on its 25th anniversary.

HR 758 (by Springer), Congratulating Brooke Riggins of Olney on her receipt of a 4-H Gold Star Award.

HR 759 (by Springer), Congratulating Amanda Richards of Graham on her receipt of a 4-H Gold Star Award.

HR 760 (by Springer), Commemorating the 125th anniversary of St. Mary Catholic School in Gainesville.

HR 761 (by Springer), Congratulating Mary Ellen "Dude" Barton on her 93rd birthday.

HR 762 (by Springer), Commending Phillip Rhodes of Childress High School for his dedication to his students and athletes.

HR 764 (by Muñoz), Congratulating Sandra Rodriguez on her receipt of a Yellow Rose of Texas award from Governor Greg Abbott.

HR 765 (by Dean), Commending Chris Davis for his donation to the Miracle League of East Texas.

HR 767 (by Kacal), Congratulating Ben Kirk on his retirement as sheriff of Falls County.

HR 768 was previously adopted.

HR 776 (by Schubert), Congratulating Samantha Grace Perko of Sealy on winning the girls' breakaway roping competition at the 2017 Lester Meier Open Pro Rodeo in Gonzales.

HR 777 (by Fallon), Congratulating BethAnn Telford on completing the 2017 World Marathon Challenge.

HR 779 (by Dutton), Congratulating Ira Beruix Scott of Houston on his 100th birthday.

HR 782 (by Sheffield), Congratulating the McCulloch County 4-H team on winning the 2017 Western National Roundup parliamentary procedure championship.

HR 783 (by Sheffield), Congratulating Dr. George N. Smith on being named Family Physician of the Year by the American College of Osteopathic Family Physicians.

HR 784 was previously adopted.

HR 785 (by Herrero), Congratulating the Robstown ISD School Board on being named a 2016 Regional School Board of the Year by the Texas Association of School Administrators.

HR 790 (by Button), Commemorating the opening of the William E. Dollar Municipal Building in Garland.

HR 791 (by White), Commemorating the 100th anniversary of the American Red Cross of Southeast and Deep East Texas.

HR 792 (by Isaac), Commemorating the 150th anniversary of Cape's Dam and Mill Race on the San Marcos River.

HR 793 (by K. King), Paying tribute to the members of the Rader family for their contributions to the ranching heritage of the Panhandle.

HR 795 (by Dean), Commemorating the creation of Christus Good Shepherd Health System.

HR 796 (by Goldman), Congratulating Michael Knowles of Fort Worth on his retirement from the office of the Texas Comptroller of Public Accounts.

HR 798 (by Hunter), Recognizing November 5-9, 2018, as Municipal Courts Week.

HR 799 (by Hunter), Recognizing November 6-10, 2017, as Municipal Courts Week.

HR 800 (by Kacal), Commemorating the 125th anniversary of First Presbyterian Church in Lott.

HR 802 was previously adopted.

HR 803 (by Raymond), Congratulating Jerry Jones on his election to the Pro Football Hall of Fame.

The resolutions were adopted.

The following memorial resolutions were laid before the house:

HCR 62 (by Isaac), In memory of William Parks Johnson of Wimberley.

HCR 68 (by Smithee), In memory of Will David Davis Sr. of Austin.

HCR 69 (by Smithee), In memory of Brenda Nation of Austin.

HR 682 (by E. Rodriguez, Dukes, Howard, Israel, and Hinojosa), In memory of Richard A. Moya of Austin.

HR 686 (by Faircloth), In memory of Guy Wallace Taylor Sr. of Galveston.

HR 694 (by Shine), In memory of Robert Allan Ozment of Temple.

HR 695 (by Shine), In memory of Leroy Adolph Schiller of Bell County.

HR 706 (by White), In memory of Joe Henry Copes of Woodville.

HR 708 (by White), In memory of Aubrey Elton Cole Sr. of Buna.

HR 711 (by Wray), In memory of Madren Boyce "Buddy" Whatley of Midlothian.

HR 712 (by Wray), In memory of Thomas Arden "Cotton" Powers of Midlothian.

HR 713 (by Wray), In memory of Charles Murray Oliver Jr. of Waxahachie.

HR 714 (by Wray), In memory of Dorothy Jean Kelley Phillips of Waxahachie.

HR 715 (by Ortega), In memory of Marguerite Caruthers of El Paso.

HR 731 (by Larson), In memory of Henry Rugeley Ferguson of San Antonio.

HR 734 (by Longoria), In memory of Jovita Abrego Canales of Santa Rosa.

HR 735 (by Turner), In memory of Char'dai Brey'an-Jenee Williams of Arlington.

HR 756 (by Springer), In memory of Anita Palmer Hackley of Jacksboro.

HR 757 (by Springer), In memory of William Talbot Henard of Wellington.

HR 763 (by Moody), In memory of Guillermo Evaristo "Memo" Avila of El Paso.

HR 775 (by Nevárez), In memory of Elizabeth Castaneda Pope of Iraan.

HR 778 (by Fallon), In memory of Jonny Wade of Jerseyville, Illinois.

HR 787 (by Cyrier), In memory of Colonel Joe Tom Haney, former band director for Texas A&M University.

HR 794 (by K. King), In memory of Don Wyatt Rader of Canadian.

HR 797 (by Bohac), In memory of Albert H. Mosley Sr. of Fort Worth.

HR 801 (by Nevárez), In memory of Lionel W. Ramos of Alpine.

The resolutions were unanimously adopted by a rising vote.

(Wilson in the chair)

At 11:44 a.m., Representative Clardy moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 2 p.m. Monday, March 20 in memory of Charles Raymond Mize of Nacogdoches.

The motion prevailed.

(Speaker in the chair)

Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)

(Pickett in the chair)

In accordance with a previous motion, the house, at 3:58 p.m., adjourned until 2 p.m. Monday, March 20.

The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:

List No. 1

HB 1456 (By Smithee), Relating to judicial review of certain decisions under the Texas Workers' Compensation Act.

To Business and Industry.

HB 1459 (By Workman), Relating to limitations on the use of municipal electric utility system revenues by certain municipalities.

To State Affairs.

HB 1685 (By Clardy), Relating to the authority of the General Land Office to sell retail electric power.

To Land and Resource Management.

HB 1940 (By Turner), Relating to the use by the comptroller of public accounts of certain forms in connection with administration and enforcement of certain insurance premium tax laws.

To Insurance.

HB 1951 (By Shaheen), Relating to firm names used by licensed attorneys.

To Judiciary and Civil Jurisprudence.

HB 1952 (By Schofield), Relating to the procedures for municipal annexation by certain municipalities.

To Land and Resource Management.

HB 1953 (By Schofield), Relating to the canvass of election returns for the offices of governor and lieutenant governor.

To State Affairs.

HB 1955 (By Reynolds), Relating to electronic voter registration.

To Elections.

HB 1956 (By Springer), Relating to the operation of certain off-highway vehicles.

To Culture, Recreation, and Tourism.

HB 2059 (By Phillips), Relating to the expunction of certain convictions or arrests of a minor for certain alcohol-related offenses.

To Licensing and Administrative Procedures.

HB 2060 (By Oliveira), Relating to the eligibility requirements for employment as an ombudsman of the Office of Injured Employee Counsel under the Texas Workers' Compensation Act.

To Business and Industry.

HB 2062 (By Phillips), Relating to the creation and operations of health care provider participation programs in certain counties.

To County Affairs.

HB 2064 (By R. Anderson), Relating to quorum and voting requirements for the transaction of business by the board of the Irving Flood Control District Section III of Dallas County.

To Natural Resources.

HB 2065 (By Phillips), Relating to fines collected by a county or municipality from the enforcement of commercial motor vehicle safety standards.

To Transportation.

HB 2066 (By Phillips), Relating to the requirements for certain applicants to obtain an original, duplicate, modified, or renewed license to carry a handgun; waiving fees.

To Homeland Security and Public Safety.

HB 2067 (By Oliveira), Relating to the registration of a related finance company for purposes of the motor vehicle sales and use tax; repealing the authorization for a fee.

To Ways and Means.

HB 2068 (By Phillips), Relating to the repeal of the driver responsibility program and the amount and allocation of state traffic fine funds; authorizing and increasing criminal fines.

To Homeland Security and Public Safety.

HB 2069 (By Shaheen), Relating to a limitation on civil suits against persons reporting suspicious activity in good faith.

To Judiciary and Civil Jurisprudence.

HB 2070 (By Smithee), Relating to the enforcement of certain warranties for a new motor vehicle.

To Transportation.

HB 2071 (By Cook), Relating to a defendant's payment of costs associated with a court-appointed counsel.

To Criminal Jurisprudence.

HB 2072 (By Gutierrez), Relating to the eligibility of certain persons for a license in massage therapy.

To Licensing and Administrative Procedures.

HB 2073 (By E. Johnson), Relating to publication of notice requirements for certain governmental entities and representatives.

To Government Transparency and Operation.

HB 2074 (By Cortez), Relating to specialty license plates issued for peace officers wounded or killed in the line of duty and eliminating the fee for the issuance of those plates.

To Transportation.

HB 2075 (By Lang), Relating to the creation of the Cresson Municipal Utility District No. 1 of Hood County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

To Special Purpose Districts.

HB 2076 (By Schubert), Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

To Business and Industry.

HB 2077 (By G. Bonnen), Relating to data collection related to certain health benefit plan issuers' calculation of payments to out-of-network physicians and providers.

To Insurance.

HB 2078 (By Dukes), Relating to the right of certain municipalities to maintain local control over wages, hours, and other terms and conditions of employment.

To Urban Affairs.

HB 2079 (By Hunter), Relating to the promotion of tourism related to the musical heritage of this state.

To Culture, Recreation, and Tourism.

HB 2080 (By Collier), Relating to disclosures regarding the provision of laboratory services in certain health care facilities.

To Public Health.

HB 2081 (By Phelan), Relating to a local option exemption from ad valorem taxation by a school district of the total appraised value of the residence homesteads of certain elderly or disabled persons.

To Ways and Means.

HB 2082 (By Burrows and Oliveira), Relating to the designation of a liaison to assist first responders with workers' compensation claims.

To Business and Industry.

HB 2083 (By Shaheen), Relating to expedited processing of certain applications for a license to carry a handgun; waiving a fee.

To Homeland Security and Public Safety.

HB 2084 (By González), Relating to the guaranteed level of state and local funds for the instructional facilities allotment and the existing debt allotment under the public school finance system.

To Public Education.

HB 2085 (By Alvarado), Relating to psychological counseling for certain grand jurors.

To Criminal Jurisprudence.

HB 2086 (By Walle), Relating to plot plan requirements for an application for a standard permit issued by the Texas Commission on Environmental Quality.

To Environmental Regulation.

HB 2087 (By VanDeaver), Relating to restricting the use of covered information, including student personally identifiable information, by an operator of a website, online service, online application, or mobile application for a school purpose.

To Public Education.

HB 2089 (By White and Parker), Relating to the punishment for certain intoxication offenses and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.

To Criminal Jurisprudence.

HB 2090 (By VanDeaver), Relating to compensation for heritage property acquired through eminent domain.

To Land and Resource Management.

HB 2091 (By Springer), Relating to the small-sized district adjustment under the Foundation School Program.

To Public Education.

HB 2093 (By Miller and Zerwas), Relating to a study and report by the commissioner of education concerning consideration of the performance of gifted and talented students under the public school accountability system.

To Public Education.

HB 2094 (By Price), Relating to coverage for serious mental illness, other disorders, and chemical dependency under certain health benefit plans.

To Public Health.

HB 2095 (By Kuempel), Relating to transfer of a plumber's license number on the retirement or death of the plumber.

To Licensing and Administrative Procedures.

HB 2096 (By Price), Relating to access to and benefits for mental health conditions and substance use disorders.

To Public Health.

HB 2097 (By Geren), Relating to the sale of malt liquor, ale, and beer by the holder of a brewpub license.

To Licensing and Administrative Procedures.

HB 2098 (By Geren), Relating to allowing the holder of a brewpub license to sell ale and malt liquor to certain wholesalers.

To Licensing and Administrative Procedures.

HB 2099 (By Kuempel), Relating to the annexation of an unincorporated enclave by certain general-law municipalities.

To Land and Resource Management.

HB 2241 (By Lozano), Relating to the treatment of a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by wind or water damage as a new improvement for ad valorem tax purposes.

To Ways and Means.

HB 2249 (By Sheffield and Howard), Relating to requirements for and the transparency of epidemiological reports and immunization exemption information and reports.

To Public Health.

HB 2351 (By Nevárez), Relating to the investigation of fire fighters employed by certain municipalities and districts.

To Urban Affairs.

HB 2352 (By Guerra), Relating to the system by which an application for a low income housing tax credit is scored.

To Urban Affairs.

HB 2353 (By T. King), Relating to the composition of the State Pension Review Board.

To Pensions.

HB 2354 (By Isaac), Relating to the use and allocation of municipal hotel occupancy tax revenue in certain municipalities.

To Ways and Means.

HB 2355 (By Thierry), Relating to measures to assist students at public institutions of higher education who are homeless.

To Higher Education.

HB 2356 (By Cosper), Relating to the applicability of the law governing the provision of state aid to certain local governments disproportionately affected by the granting of ad valorem tax relief to disabled veterans.

To Ways and Means.

HB 2358 (By Metcalf, Bell, Keough, Perez, and Murphy), Relating to the affidavit of a voter in a confirmation election for a water district.

To Natural Resources.

HB 2359 (By Ortega), Relating to common nuisances.

To County Affairs.

HB 2360 (By G. Bonnen, Sheffield, and R. Anderson), Relating to amounts charged to an enrollee in a health benefit plan for prescription drugs covered by the plan.

To Insurance.

HB 2362 (By Lozano), Relating to creating a fund to provide grants to certain local entities in areas of the state affected by decreased oil and gas production for economic development and diversification projects.

To Economic and Small Business Development.

HB 2363 (By Nevárez), Relating to export fees charged by the Middle Pecos Groundwater Conservation District; changing a fee.

To Natural Resources.

HB 2364 (By Nevárez), Relating to the disqualification of directors of the Middle Pecos Groundwater Conservation District.

To Natural Resources.

HB 2366 (By Y. Davis), Relating to the designation of certain airport vehicles as authorized emergency vehicles.

To Transportation.

HB 2367 (By Y. Davis), Relating to the election of the state board of insurance.

To Insurance.

HB 2368 (By Muñoz), Relating to the sunset review of regional mobility authorities.

To Transportation.

HB 2369 (By Nevárez), Relating to municipal rates for water and sewer service charged to public school districts.

To Transportation.

HB 2370 (By Paddie), Relating to the participation of deregulated telecommunications companies in the lifeline program.

To State Affairs.

HB 2371 (By Hernandez), Relating to the release of a motor vehicle accident report to a first lienholder of a vehicle damaged in the accident described by the report.

To Transportation.

HB 2372 (By Perez), Relating to the premium surcharge certain automobile insurers are required to assess against an insured convicted of certain offenses.

To Insurance.

HB 2373 (By Miller), Relating to the period for filing a claim for reimbursement for certain ancillary services under the Medicaid program.

To Human Services.

HB 2375 (By Muñoz), Relating to a report on cost savings attributable to the Medicaid managed care program.

To Human Services.

HB 2376 (By Walle), Relating to the fee collected for an on-site wastewater treatment permit application.

To Natural Resources.

HB 2377 (By Larson), Relating to the development of brackish groundwater.

To Natural Resources.

HB 2378 (By Larson), Relating to extensions of an expired permit for the transfer of groundwater from a groundwater conservation district.

To Natural Resources.

HB 2379 (By Price, Raymond, Burkett, and Rose), Relating to the provision of legal services to the office of inspector general of the Health and Human Services Commission.

To Human Services.

HB 2381 (By Frullo), Relating to the applicability of the sales and use tax to certain insurance services.

To Ways and Means.

HB 3607 (By K. King), Relating to secondary-level assessment of public school students.

To Public Education.

HJR 72 (By Schofield), Proposing a constitutional amendment to provide for the governor's and lieutenant governor's terms of office to begin at 10 a.m. on the day preceding the day the regular legislative session convenes.

To State Affairs.

HJR 76 (By Phelan), Proposing a constitutional amendment to authorize a local option exemption from ad valorem taxation by a school district of the total market value of the residence homesteads of certain elderly or disabled persons.

To Ways and Means.

HR 896 (By Springer), In memory of Steven Paul Fleming of Vernon.

To Rules and Resolutions.

HR 897 (By Springer), Honoring the Stiles family for its enduring involvement in Texas ranching.

To Rules and Resolutions.

HR 898 (By Herrero), Congratulating Cynthia Marie Tapia on her receipt of the Drs. Giovanni and Maria Grazia Micci Award for Mentoring Excellence.

To Rules and Resolutions.

HR 900 (By Darby), In memory of Walter Joseph Carson III of Ballinger.

To Rules and Resolutions.

HR 901 (By Darby), In memory of former state senator William McKinnie Sims.

To Rules and Resolutions.

HR 902 (By Darby), Commemorating the 100th anniversary of Lions Clubs International.

To Rules and Resolutions.

HR 903 (By Darby), In memory of former state representative Richard James "Dick" Burnett of San Angelo.

To Rules and Resolutions.

HR 904 (By Herrero), Congratulating Reagan Hoelscher on being named the 2017 Nueces County Junior Livestock Show Queen.

To Rules and Resolutions.

HR 905 (By Herrero), In memory of Senovio G. Martinez Jr. of Robstown.

To Rules and Resolutions.

HR 906 (By Herrero), In memory of Jose Juan "Johnny" Esquivel Sr. of Robstown.

To Rules and Resolutions.

HR 907 (By Y. Davis), Congratulating Charles Ray Sims on his receipt of a 2017 Lifetime Achievement Award from the City of Cedar Hill.

To Rules and Resolutions.

HR 908 (By Workman), In memory of Dr. Ralph M. Smith, former pastor of Hyde Park Baptist Church in Austin.

To Rules and Resolutions.

HR 909 (By Klick), Congratulating Joshua and Anna Renfro of Austin on the birth of their daughter, Evelyn Marie Renfro.

To Rules and Resolutions.

HR 910 (By Alonzo), Honoring the Texas Association for Bilingual Education.

To Rules and Resolutions.

HR 911 (By Morrison), In memory of Dorothy Jean Walston Alcorn of Victoria.

To Rules and Resolutions.

HR 912 (By White), Congratulating the Chester High School basketball team on advancing to the University Interscholastic League 1A state playoffs.

To Rules and Resolutions.

HR 913 (By Workman), Commending the Lago Vista High School baseball team on its many achievements.

To Rules and Resolutions.

HR 914 (By Alonzo), Recognizing the 2018 Dallas celebration of Cinco de Mayo.

To Rules and Resolutions.

HR 915 (By Alonzo), Commending the National Association for Bilingual Education for its advocacy in behalf of multilingualism in the United States.

To Rules and Resolutions.

HR 916 (By Gervin-Hawkins), Honoring Joel C. Allen for his first year as pastor of New Mount Pleasant Baptist Church.

To Rules and Resolutions.

HR 918 (By Howard), Commending Alex Graves, Tex Mitchell IV, Aaron Walls, and Jake Yepez for their lifesaving actions on July 23, 2016.

To Rules and Resolutions.

HR 919 (By Herrero and Hunter), Congratulating Daniel Sheppard on being named the 2017 Firefighter of the Year by the Corpus Christi Fire Department.

To Rules and Resolutions.

HR 920 (By Herrero and Hunter), Congratulating Captain Elvin Bates on his selection as 2017 Prevention Officer of the Year by the Corpus Christi Fire Department.

To Rules and Resolutions.

HR 921 (By Hinojosa), Honoring six nonprofit career development organizations for their commitment to strengthening the skills of Texas workers.

To Rules and Resolutions.

HR 922 (By Zedler), Honoring the Texas Consilium for its contributions to the state's economy.

To Rules and Resolutions.

HR 923 (By Dean), In memory of John Wesley McWhorter of Longview.

To Rules and Resolutions.

HR 924 (By Darby), Honoring Kinnan Golemon on his 50 years as an attorney and consultant.

To Rules and Resolutions.

HR 925 (By Button), Congratulating Julia Yost on her participation in the Ford Fast Track Races.

To Rules and Resolutions.

HR 927 (By Hefner), Congratulating Conroy Tractor of Mt. Pleasant on its 66th anniversary.

To Rules and Resolutions.

HR 928 (By Hefner), In memory of Shirley Jane Sloan Hamm of Pittsburg.

To Rules and Resolutions.

HR 929 (By Faircloth), Congratulating Matt DeYoung and Todd Sutherland of East Chambers High School in Winnie on receiving coach of the year honors.

To Rules and Resolutions.

HR 930 (By Faircloth), Commemorating the groundbreaking of the second phase of the new academic complex project at Texas A&M University at Galveston.

To Rules and Resolutions.

HR 932 (By Faircloth), Congratulating Gilbert Robinson on his retirement from the Galveston Fire Department.

To Rules and Resolutions.

HR 933 (By Herrero), Commemorating the Nueces County observance of the centennial of the United States' entry into World War I.

To Rules and Resolutions.

HR 934 (By Lozano), Congratulating Fred P. Nardini on his retirement as county commissioner for Precinct 2 of San Patricio County.

To Rules and Resolutions.

HR 935 (By Capriglione), Honoring Maria Alexandra Adams of Keller High School for her accomplishments.

To Rules and Resolutions.

HR 936 (By Button), Congratulating Linda L. Griffin on her recognition by the Dallas County Commissioners Court.

To Rules and Resolutions.

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

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, March 16, 2017

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 regulations and policies for entering or using a bathroom or changing facility; authorizing a civil penalty.

Relating to certain prohibited abortions and the treatment and disposition of a human fetus and human fetal tissue; creating a civil cause of action; creating offenses.

Recognizing Ginger Fagan for her contributions to this state.

Respectfully,

Patsy Spaw

Secretary of the Senate

Favorable reports have been filed by committees as follows:

Criminal Jurisprudence - HB 244, HB 978

March 15 - HB 744, HB 799, HB 1073, HB 1197