SEVENTY-EIGHTH LEGISLATURE, THIRD CALLED SESSION
PROCEEDINGS
FIFTH DAY — WEDNESDAY, SEPTEMBER 24, 2003
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 (Recordi32).
Present — Mr. Speaker; Allen; Alonzo; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Canales; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Escobar; Farabee; Farrar; Flores; Flynn; Gallego; Garza; Geren; Giddings; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; McCall; McClendon; McReynolds; Mercer; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega; Oliveira; Olivo; Paxton; Peña; Phillips; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Solis; Stick; Swinford; Talton; Taylor; Telford; Thompson; Truitt; Turner; Uresti; Van Arsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wong; Woolley; Zedler.
Absent, Excused — Bailey; Driver; Gattis; Goodman; Hardcastle; Smithee; Solomons; Wolens.
Absent — Martinez Fischer; Menendez; Pickett.
The invocation was offered by Steve Collins, certified lay speaker, Southwest Conference United Methodist Church, Austin, as follows:
Our Heavenly Father, your child David asked, "What is man that you are mindful of him, the son of man that you care for him? You made him only a little lower than angels and made him ruler over the works of your hands."
We are stunned, Lord, by the thought that you place such terrible responsibilities on us––that you know each of us by name, and that you observe not only our actions before people, but the intentions of our hearts. Regardless of by what name we know you, Lord, let us each go about our duties today––and every day––as if in your presence. Amen.
CAPITOL PHYSICIAN
The speaker recognized Representative F. Brown who presented Dr. David Melville of Bryan as the "Doctor for the Day."
The house welcomed Dr. Melville and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for today because of important business in the district:
Bailey on motion of Thompson.
Wolens on motion of McCall.
The following members were granted leaves of absence for today because of important business:
Goodman on motion of Laney.
Smithee on motion of Flynn.
The following member was granted leave of absence for today because of family business:
Gattis on motion of Harper-Brown.
(Harper-Brown in the chair)
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
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.)
HR 140 - ADOPTED
(by Peña)
Representative Peña moved to suspend all necessary rules to take up and consider at this time HRi140.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 140, In memory of Jose Nieves Villalon.
HR 140 was unanimously adopted by a rising vote.
HR 97 - ADOPTED
(by Callegari and Hegar)
Representative Callegari moved to suspend all necessary rules to take up and consider at this time HRi97.
216 78th LEGISLATURE — THIRD CALLED SESSION
The motion prevailed without objection.
The following resolution was laid before the house:
HR 97, In memory of John F. "Dude" Callender of Katy.
HR 97 was read and was unanimously adopted by a rising vote.
On motion of Representative Flynn, the names of all the members of the house were added to HRi97 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Callegari who introduced the family of John F. "Dude" Callender.
HR 121 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi121.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 121, Honoring Sam and Marlene McCalla of Canton on their 50th wedding anniversary.
HR 121 was adopted without objection.
HR 122 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi122.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 122, Honoring Callie Bailey of Grand Saline on her 100th birthday.
HR 122 was adopted without objection.
HR 130 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi130.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 130, Commemorating the dedication of the Charles J. Austin Industrial Engineering and Technology Building at Texas A&M University–Commerce.
HR 130 was adopted without objection.
Wednesday, September 24, 2003 HOUSE JOURNAL — 5th Day 217
HR 131 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi131.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 131, Honoring Dr. Ted Hansen for his receipt of the Standard Panel Composers Award.
HR 131 was adopted without objection.
HR 133 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi133.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 133, Congratulating Dr. Vicki Davis on receiving the Spirit of Mayo Award.
HR 133 was adopted without objection.
HR 134 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi134.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 134, Honoring Mr. and Mrs. Irby Lee Heddins of Edgewood on their 60th wedding anniversary.
HR 134 was adopted without objection.
HR 135 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi135.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 135, Honoring Billy and Sherry Sheffield of Quinlan on their 25th wedding anniversary.
HR 135 was adopted without objection.
218 78th LEGISLATURE — THIRD CALLED SESSION
HR 136 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi136.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 136, Honoring Duanne and Patsy Harvey of Canton on their 30th wedding anniversary.
HR 136 was adopted without objection.
HR 137 - ADOPTED
(by Flynn)
Representative Flynn moved to suspend all necessary rules to take up and consider at this time HRi137.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 137, Congratulating Dr. James Conrad of Commerce on earning the Spirit of Mayo Award.
HR 137 was adopted without objection.
(Pickett now present)
HR 141 - ADOPTED
(by Seaman)
Representative Seaman moved to suspend all necessary rules to take up and consider at this time HRi141.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 141, Honoring Mr. Tony Amos for his accomplishments at The University of Texas Marine Science Institute.
HR 141 was adopted without objection.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
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. 1).
Wednesday, September 24, 2003 HOUSE JOURNAL — 5th Day 219
RESOLUTIONS 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. 2.)
HCR 16 - ADOPTED
(by Merritt, Craddick, Corte, Uresti, and McReynolds)
Representative Merritt moved to suspend all necessary rules to take up and consider at this time HCRi16.
The motion prevailed without objection.
The following resolution was laid before the house:
HCR 16, Honoring General (Ret.) Tommy Ray Franks for his military achievements.
HCR 16 was adopted without objection.
On motion of Representative Hughes, the names of all the members of the house were added to HCRi16 as signers thereof.
HR 88 - ADOPTED
(by Paxton)
Representative Paxton moved to suspend all necessary rules to take up and consider at this time HRi88.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 88, Congratulating Amanda Davis of McKinney on the birth of her quadruplets.
HR 88 was adopted without objection.
HCR 12 - ADOPTED
(by Paxton)
Representative Paxton moved to suspend all necessary rules to take up and consider at this time HCRi12.
The motion prevailed without objection.
The following resolution was laid before the house:
HCR 12, Honoring the birth of Haley Marie Phillips.
HCR 12 was adopted without objection.
POSTING RULE SUSPENDED
Representative Talton moved to suspend all necessary rules to allow the Committee on Urban Affairs to consider HB 66.
The motion prevailed without objection.
220 78th LEGISLATURE — THIRD CALLED SESSION
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Urban Affairs, 10 a.m. tomorrow, E2.010, for a public hearing, to consider HB 66.
HR 145 - ADOPTED
(by Bohac)
Representative Bohac moved to suspend all necessary rules to take up and consider at this time HRi145.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 145, Recognizing Hiram Hazael Pacheco on becoming an Eagle Scout.
HR 145 was adopted without objection.
HR 143 - ADOPTED
(by Rodriguez)
Representative Rodriguez moved to suspend all necessary rules to take up and consider at this time HRi143.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 143, Honoring the life of Harold Savoy of Austin.
HR 143 was unanimously adopted by a rising vote.
HR 144 - ADOPTED
(by Rodriguez)
Representative Rodriguez moved to suspend all necessary rules to take up and consider at this time HRi144.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 144, Honoring the life of Charles Hallmark of Austin.
HR 144 was unanimously adopted by a rising vote.
HR 148 - ADOPTED
(by Riddle)
Representative Riddle moved to suspend all necessary rules to take up and consider at this time HRi148.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 148, Honoring the Spring Volunteer Fire Department on its 50th anniversary.
HR 148 was adopted without objection.
Wednesday, September 24, 2003 HOUSE JOURNAL — 5th Day 221
On motion of Representative Riddle, the names of all the members of the house were added to HRi148 as signers thereof.
SCR 2 - ADOPTED
(Grusendorf - House Sponsor)
Representative Grusendorf moved to suspend all necessary rules to take up and consider at this time SCRi2.
The motion prevailed without objection.
The following resolution was laid before the house:
SCR 2, Recognizing the General Motors Arlington Assembly Plant on its 50th anniversary.
SCR 2 was adopted without objection.
HR 146 - ADOPTED
(by Quintanilla)
Representative Quintanilla moved to suspend all necessary rules to take up and consider at this time HRi146.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 146, Congratulating Salvador Nieto on his new position as assistant chief patrol agent in the El Paso sector of the U.S. Border Patrol.
HR 146 was adopted without objection.
HR 147 - ADOPTED
(by Quintanilla)
Representative Quintanilla moved to suspend all necessary rules to take up and consider at this time HRi147.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 147, Honoring the Horizon City Lions Club for its civic contributions.
HR 147 was adopted without objection.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
State Cultural and Recreational Resources, upon adjournment today, Deski69, for a formal meeting, to consider HCR 10.
(Speaker in the chair)
ADJOURNMENT
Representative Krusee moved that the house adjourn until 3 p.m. tomorrow in memory of Elizabeth Driver of Garland, mother of Representative Driver.
The motion prevailed without objection.
222 78th LEGISLATURE — THIRD CALLED SESSION
The house accordingly, at 2:55 p.m., adjourned until 3 p.m. tomorrow.
AAAAAADDENDUMAAAAA
REFERRED TO COMMITTEES
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 64 (By R. Cook), Relating to an exemption for certain irrigation systems from regulation under the electrician's licensing law.
To Licensing and Administrative Procedures.
HB 65 (By Farabee), Relating to liquidated damages for failure to timely provide an annual accounting statement required in connection with certain conveyances of real property.
To Business and Industry.
HB 66 (By Wong), Relating to the exemption from ad valorem taxation of medical center development property in certain populous counties.
To Urban Affairs.
HB 67 (By Madden), Relating to the environmental regulation and remediation of certain dry cleaning facilities.
To Business and Industry.
HCR 13 (By Van Arsdale), Congratulating Mike and Kristy Eanes of Houston on the birth of their daughter, Kaitlyn Lora Eanes.
To Rules and Resolutions.
HCR 14 (By Gallego), Honoring Allen Martin for his contributions to Texas music.
To Rules and Resolutions.
HCR 15 (By Rodriguez), Designating the Texas Salsa Music Festival as the official salsa music festival of Texas.
To State Cultural and Recreational Resources.
HR 110 (By Gattis), Honoring David Greene on his retirement from the Texas Parks and Wildlife Department.
To Rules and Resolutions.
HR 114 (By Morrison), Commending Janey Lack of Victoria for her exceptional contributions to her community.
To Rules and Resolutions.
HR 115 (By Rose), In memory of Ross Brady Smiley of Mission.
To Rules and Resolutions.
Wednesday, September 24, 2003 HOUSE JOURNAL — 5th Day 223
HR 116 (By Callegari, Van Arsdale, Bohac, Elkins, and Hamric), Recognizing the dedication of Cy-Fair College.
To Rules and Resolutions.
HR 117 (By Wise), Honoring Jose M. Amador, director of the Weslaco-based Texas Agricultural Experiment Station and Texas A&M University at Kingsville Citrus Center.
To Rules and Resolutions.
HR 118 (By Craddick), Honoring Robert M. "Bob" Leibrock of Midland for being named the recipient of the 2003 Top Pioneer Award by the Permian Basin Petroleum Association.
To Rules and Resolutions.
HR 119 (By Craddick), Honoring Mackie and Billie Jo Scoggin of Midland on their 50th wedding anniversary.
To Rules and Resolutions.
HR 120 (By Craddick), Honoring Earl and Maxine Fancher of Lamesa on their 65th wedding anniversary.
To Rules and Resolutions.
HR 123 (By Gallego), Honoring Uvalde residents for setting the Guinness World Record for the largest cumbia dance.
To Rules and Resolutions.
HR 124 (By Gallego), In memory of Eraclio G. Espinoza, Jr., of Alpine.
To Rules and Resolutions.
HR 125 (By Gallego), In memory of Franklin W. Daugherty of Alpine.
To Rules and Resolutions.
HR 126 (By Gallego), Honoring the attorneys who have served as special counsel to the State Commission on Judicial Conduct.
To Rules and Resolutions.
HR 127 (By Wise), Honoring Dr. J. Gilbert Leal.
To Rules and Resolutions.
HR 128 (By Gattis), In memory of Patricia A. Thompson of Georgetown.
To Rules and Resolutions.
HR 129 (By Garza), Honoring Luis Saenz on his appointment as Texas assistant secretary of state.
To Rules and Resolutions.
HR 132 (By Craddick), Honoring Bill and Bobbie Simmons of Llano County on their 60th wedding anniversary.
To Rules and Resolutions.
HR 138 (By Bonnen), Commending Frederick Jackson of Brazoria County for his exceptional contributions to his community.
To Rules and Resolutions.
224 78th LEGISLATURE — THIRD CALLED SESSION
HR 139 (By Gattis), Honoring St. John Lutheran Church in Thorndale on its centennial.
To Rules and Resolutions.
List No. 2
HR 105 (By Ellis), Expressing support for Chief Justice Roy Moore of Alabama relating to his display of religious principles on government property.
To State Affairs.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 1
HCRi9
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, September 24, 2003
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:
| HB 3 | Crabb | SPONSOR: Staples |
Relating to the composition of the districts for the election of members of the United States House of Representatives from the State of Texas.
(Committee Substitute/Amended)
| SCR 2 | Harris |
Recognizing the General Motors Arlington Assembly Plant on its 50th anniversary.
Respectfully,
Patsy Spaw
Secretary of the Senate
Wednesday, September 24, 2003 HOUSE JOURNAL — 5th Day 225
AAAAAAPPENDIXAAAAA
ENGROSSED
September 22 - HBi50, HBi31
ENROLLED
September 23 - HCRi9
226 78th LEGISLATURE — THIRD CALLED SESSION