SEVENTY-EIGHTH LEGISLATURE, THIRD CALLED SESSION
PROCEEDINGS
ELEVENTH DAY — FRIDAY, OCTOBER 10, 2003
The house met at 9 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Recordi41).
Present — Mr. Speaker; Allen; Alonzo; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Deshotel; Dukes; Dunnam; Edwards; Eissler; Ellis; Escobar; Farabee; Farrar; Flores; Flynn; Gallego; Gattis; Geren; Giddings; Goolsby; Griggs; Guillen; Gutierrez; Hamilton; Hamric; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; King; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Naishtat; Nixon; Noriega; Oliveira; Olivo; Paxton; Peña; Phillips; Pickett; Pitts; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Solis; Stick; Swinford; Taylor; Telford; Thompson; Truitt; Uresti; Van Arsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Absent, Excused — Denny; Driver; Elkins; Goodman; Hardcastle; Hopson; Solomons; Talton.
Absent — Bailey; Canales; Davis, Y.; Delisi; Dutton; Eiland; Garza; Grusendorf; Haggerty; Keffer, J.; Kolkhorst; Marchant; Moreno, P.; Puente; Smithee; Turner.
The invocation was offered by Dr. David Lyle Jeffrey, provost, Baylor University, Waco, as follows:
O God, you who are the author of peace and the exemplar of concord; in knowledge of you lies the secret of an abundant and eternal life, and it is in your service that we come to know perfect freedom. At the beginning of this day, we lift up our thoughts unto you, and we pray that in all we think and speak and do we may wisely serve that perfect freedom and in so doing, recognize and eschew inferior goods or pretended freedoms.
You, Lord, are the governor above all governors, the Lord of Lords, whose honor transcends our capacities and yet gives form and meaning to all that is humanly honorable. We commend to you this State of Texas and those who serve it this day, asking that all wisdom, discernment, faithfulness, and honor be made
known in this place, that guided by your providence we, and all citizens of this state, may dwell securely in your peace. Grant to these, your servants, set now in authority over this people, both wisdom and strength to know and to do your will. Fill each with a love of truth and of justice, and make them ever mindful of their calling to serve this people in respect and reverence for the God in whom truth and justice forever abide. Amen.LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for today because of important business:
Denny on motion of Keel.
Hopson on motion of Geren.
The following member was granted leave of absence for today because of important business in the district:
Talton on motion of Keel.
The following member was granted leave of absence temporarily for today to attend a funeral:
Driver on motion of Branch.
The following members were granted leave of absence for today because of family business:
Elkins on motion of Kuempel.
Goodman on motion of Laney.
CAPITOL PHYSICIAN
The speaker recognized Representative Raymond who presented Dr.iLeonides Cigarroa, Jr. of Laredo as the "Doctor for the Day."
The house welcomed Dr. Cigarroa and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
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. 4 and Senate List No. 3).
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for the remainder of today because of important business:
Martinez Fischer on motion of Gallego.
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Oliveira on motion of Gallego.
Thompson on motion of Laney.
Villarreal on motion of Gallego.
(Edwards in the chair)
HR 309 - NOTICE OF INTRODUCTION
Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HRi309, suspending the limitations on the conferees for HBi24.
HR 333 - NOTICE OF INTRODUCTION
Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HRi333, suspending the limitations on the conferees for HBi1.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
P. Moreno on motion of Hodge.
The following member was granted leave of absence for today because of medical reasons:
Garza on motion of Guillen.
(Speaker in the chair)
HR 334 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi334.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 334, Honoring the life of Thomas Samuel Dawson of Pearland.
HR 334 was unanimously adopted by a rising vote.
On motion of Representative Bonnen, the names of all the members of the house were added to HRi334 as signers thereof.
(Edwards in the chair)
CONGRATULATORY AND MEMORIAL CALENDAR
The following congratulatory resolutions were laid before the house:
HCR 14 (by Gallego), Honoring Allen Martin for his contributions to Texas music.
HCR 18 (by J. Davis), Honoring Fernando Elizondo Barragán, governor of the State of Nuevo León, Mexico.
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HCR 19 (by Lewis), Recognizing October 25, 2003, as Convoy of Hope Day.
HCR 22 (by Lewis), Recognizing the creation of the Hazel Harvey Peace Professorship in children's library services at the University of North Texas.
HR 85 (by Griggs), Congratulating Paul Rowntree of Colleyville on his receipt of the Clyde Mooney Award from the Hurst-Euless-Bedford Chamber of Commerce.
HR 114 (by Morrison), Commending Janey Lack of Victoria for her exceptional contributions to her community.
HR 119 (by Craddick), Honoring Mackie and Billie Jo Scoggin of Midland on their 50th wedding anniversary.
HR 120 (by Craddick), Honoring Earl and Maxine Fancher of Lamesa on their 65th wedding anniversary.
HR 123 (by Gallego), Honoring Uvalde residents for setting the Guinness World Record for the largest cumbia dance.
HR 129 (by Garza), Honoring Luis Saenz on his appointment as Texas assistant secretary of state.
HR 132 (by Craddick), Honoring Bill and Bobbie Simmons of Llano County on their 60th wedding anniversary.
HR 138 (by Bonnen), Commending Frederick Jackson of Brazoria County for his exceptional contributions to his community.
HR 149 (by Baxter), Congratulating Stanley Moos of Austin on receiving the Texas Propane Gas Association Lifetime Achievement Award.
HR 151 (by Gallego), Honoring Dr. James G. Houston on his retirement from Sul Ross State University.
HR 177 (by Rose), Honoring the Hays County SWAT team for its impressive showing in state competition.
HR 180 (by Callegari), Honoring the opening of Franz Elementary School in the Katy Independent School District.
HR 182 (by McReynolds), Honoring Rosa Walker of Austin on her retirement as director of community services and volunteers for the Texas AFL-CIO.
HR 185 (by Paxton), Commending Valley Creek Elementary School of McKinney on its designation as a Blue Ribbon School.
HR 190 (by R. Cook), Recognizing October 12-18, 2003, as the 75th Anniversary Week of the La Grange Noon Lions Club.
HR 191 (by Gallego), Honoring the attorneys who have served as special counsel to the State Commission on Judicial Conduct.
HR 195 (by Morrison), Honoring Dakota Peterson of Kyle on his achievements in the sport of water-skiing.
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HR 198 (by Craddick), Honoring Tomas and Eloisa Vara of Lamesa on their 50th wedding anniversary.
HR 199 (by Craddick), Honoring Roy and Betty Henderson of Midland on their 50th wedding anniversary.
HR 200 (by Craddick), Honoring James and Laveren Lindsey of Midland on their 50th wedding anniversary.
HR 201 (by Craddick), Honoring James and Patricia Morriss of Midland on their 50th anniversary.
HR 208 (by Hughes), Honoring James Ray and Dorothy Buie of Diana on their 50th wedding anniversary.
HR 209 (by Hughes), Honoring Cleo P. Sayles of Pittsburg, Texas, on her 100th birthday.
HR 210 (by Hughes), Honoring Bill and Blanche Coker on their 50th wedding anniversary.
HR 211 (by Hughes), Honoring Lillie Ione McDonald Stegall of Marshall on her 90th birthday.
HR 212 (by Hughes), Honoring Curtis and Leona Maddox of Mings Chapel on their 70th wedding anniversary.
HR 213 (by Hughes), Honoring Kelly and Betty Arnold of Marshall on their 50th wedding anniversary.
HR 221 (by Merritt), Honoring Anne and Reggie Gilbert of Longview on their 50th wedding anniversary.
HR 222 (by Merritt), Honoring Austin and Rosa Lee Woods of Longview on their 60th wedding anniversary.
HR 223 (by Merritt), Honoring John and Gladys Lindsey of Longview on their 50th wedding anniversary.
HR 224 (by Merritt), Honoring Drs. Elton and Lorene Archer of Longview on their 60th wedding anniversary.
HR 225 (by Merritt), Congratulating Alan Amos of Longview on being named Gregg County Ducks Unlimited Man-of-the-Year.
HR 246 (by Craddick), Honoring O. D. and Elizabeth Bretches of Midland on their 50th wedding anniversary.
HR 247 (by Craddick), Honoring Norvan and Beverly Bourland of Midland on their 60th wedding anniversary.
HR 248 (by Craddick), Honoring Kyle and Beula Neill of Midland on their 60th wedding anniversary.
HR 249 (by Craddick), Honoring Jim and Mary Lou Hamilton of Midland on their 50th wedding anniversary.
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HR 250 (by Craddick), Honoring Hartwell and Jo Ann Martin of Midland on their 50th wedding anniversary.
HR 251 (by Craddick), Honoring Jerry and Doris Covington of Midland on their 60th wedding anniversary.
HR 252 (by Craddick), Honoring E. H. "Buck" and Joyce Watkins of Midland on their 60th wedding anniversary.
HR 253 (by Craddick), Honoring Richard and Pat Ivy of Midland on their 50th wedding anniversary.
HR 258 (by Guillen), Honoring Mario Segura of Starr County.
HR 259 (by R. Cook), Honoring the city of Eagle Lake on its 115th anniversary.
HR 261 (by R. Cook), Honoring St. Paul Evangelical Lutheran Church in La Grange on its centennial.
HR 262 (by J. Jones), Honoring the Reverend Dr. William J. Shaw on his leadership as president of the National Baptist Convention U.S.A., Inc., and White Rock Baptist Church.
HR 266 (by Dawson), Honoring Dan and Shirley Peevy of Bonus, Texas, on their 50th anniversary.
HR 268 (by Dunnam), Recognizing October 18, 2003, as Madisonville Mushroom Festival Day.
HR 269 (by Hamilton), Congratulating Melissa and Mike Eggleton of Vandenberg Air Force Base in California on the birth of their twins, Tyler Michael Eggleton and Taylor Ann Eggleton.
HR 271 (by Paxton), Honoring National Merit Scholar semifinalist Mary Kemp of McKinney High School.
HR 272 (by Paxton), Honoring National Merit Scholar semifinalist Allison Kunz of McKinney High School.
HR 281 was previously adopted.
HR 283 (by Craddick), Honoring Huey and Charlene Harris of Lamesa on their 50th wedding anniversary.
HR 288 (by W. Smith), Honoring the PPG Industries plant in La Porte on its receipt of the 2003 Salute to Industry award from the La Porte Bayshore Chamber of Commerce.
HR 297 (by Hilderbran), Honoring Brandon Hill of Fort Worth on receiving the Brown Foundation-Earl Rudder Memorial Outstanding Student Award at Texas A&M University.
The resolutions were adopted without objection.
(Bailey, Canales, Delisi, and Goodman now present)
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The following memorial resolutions were laid before the house:
HCR 20 (by Lewis), In memory of Dovie Jean Webber of Fort Worth.
HCR 21 (by Lewis), Honoring the life of Nadine Lois Spencer Cary of Fort Worth.
HCR 27 (by Canales), Honoring the life of Henry F. Molina of San Antonio.
HR 115 (by Rose), In memory of Ross Brady Smiley of Mission.
HR 124 (by Gallego), In memory of Eraclio G. Espinoza, Jr., of Alpine.
HR 125 (by Gallego), In memory of Franklin W. Daugherty of Alpine.
HR 150 (by Gallego), In memory of Dr. Elvia Reynolds of Pecos.
HR 188 (by Baxter), In memory of James L. Dannheim of Houston.
HR 220 (by Merritt), In memory of Deb Mohon of Gladewater.
HR 228 (by Y. Davis), In memory of Althea Gibson of East Orange, New Jersey.
HR 260 (by R. Cook), In memory of Police Chief Robert E. Connor, Jr., of Columbus.
HR 263 (by J. Jones and Y. Davis), In memory of Annie Mae Hunt of Dallas.
HR 286 (by Gallego), In memory of Robert "Robbie" Kent Martin of Alpine.
HR 298 (by Hilderbran), In memory of A. L. Starkey, Jr., of Kerrville.
The resolutions were unanimously adopted by a rising vote.
HR 341 - ADOPTED
(by Peña)
Representative Peña moved to suspend all necessary rules to take up and consider at this time HRi341.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 341, In memory of Aaron Longoria of Edinburg.
HR 341 was unanimously adopted by a rising vote.
HR 342 - ADOPTED
(by Peña)
Representative Peña moved to suspend all necessary rules to take up and consider at this time HRi342.
The motion prevailed without objection.
The following resolution was laid before the house:
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HR 342, In memory of Jose Chon Hinojosa of Edcouch.
HR 342 was unanimously adopted by a rising vote.
HR 343 - ADOPTED
(by Peña)
Representative Peña moved to suspend all necessary rules to take up and consider at this time HRi343.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 343, In memory of Inez "Chita" B. Leal of Edinburg.
HR 343 was unanimously adopted by a rising vote.
(Grusendorf and Smithee now present)
HR 304 - ADOPTED
(by Raymond)
Representative Raymond moved to suspend all necessary rules to take up and consider at this time HRi304.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 304, Honoring Dr. Sigifredo Perez on his retirement.
HR 304 was adopted without objection.
HR 305 - ADOPTED
(by Raymond)
Representative Raymond moved to suspend all necessary rules to take up and consider at this time HRi305.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 305, Honoring Dr. D. José Manuel Cortés Martín and Dña. María José Parejo Guzmán as visiting professors from the Universidad Pablo de Olavide in Seville, Spain.
HR 305 was adopted without objection.
HR 335 - ADOPTED
(by Raymond)
Representative Raymond moved to suspend all necessary rules to take up and consider at this time HRi335.
The motion prevailed without objection.
The following resolution was laid before the house:
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HR 335, Commending photographer Steve Liss on his commitment to the youth of Texas.
HR 335 was adopted without objection.
HR 336 - ADOPTED
(by Eissler)
Representative Eissler moved to suspend all necessary rules to take up and consider at this time HRi336.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 336, Honoring the Lady Highlanders golf team for receiving the Sunshine Award from Channel 2.
HR 336 was adopted without objection.
(Hardcastle now present)
HR 310 - ADOPTED
(by J. Jones)
Representative J. Jones moved to suspend all necessary rules to take up and consider at this time HRi310.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 310, Honoring the Reverend Joe S. Patterson on his 12 years of service with the Greater New Zion Baptist Church in Dallas.
HR 310 was adopted without objection.
HR 311 - ADOPTED
(by J. Jones)
Representative J. Jones moved to suspend all necessary rules to take up and consider at this time HRi311.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 311, Honoring the Greater New Zion Baptist Church of Dallas on its 125th anniversary.
HR 311 was adopted without objection.
(J. Keffer now present)
(Speaker in the chair)
HB 3 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative King submitted the following conference committee report on HBi3 :
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Austin, Texas, October 9, 2003
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi3 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| Staples | King |
| Lindsay | Grusendorf |
| Nelson | Crabb |
| Duncan | Hamric |
| Wilson | |
| On the part of the senate | On the part of the house |
HB 3, A bill to be entitled An Act relating to the composition of the districts for the election of members of the United States House of Representatives from the State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE I
SECTIONi1.ii(a) The districts from which the members of the United States House of Representatives representing the State of Texas are elected are composed respectively of the counties or parts of counties as described by Article II of this Act.
(b)iiOne member is elected from each district established by this Act.
ARTICLE II
SECTIONi1.iiDistrict 1 is composed of Angelina, Gregg, Harrison, Marion, Nacogdoches, Panola, Rusk, Sabine, San Augustine, Shelby, Smith, and Upshur counties; and that part of Cass County tract 950100 included in blocks 3074, 3075, 3076, 4005, 4006, 4007, 4017, 4018, 4019, 4026, 4027, 4028, 4029, 4030, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, and 4048; and that part of Cass County tract 950500 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1997, 1998, 1999, 2000, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2998, and 2999; and that part of Cass County tract 950600 included in blocks 6003, 6015, 6019, 6022, 6047, 6048, 6049, 6050, 6051, 6052, 6053, 6054, 6055, 6056, 6057, 6058, 6059, 6060, 6061, 6062, 6063, 6064, 6065, 6067, 6068, 6071, 6072, 6073, 6074, 6075, 6076, 6077, 6078, 6079, 6080, 6081, 6082, 6083, 6084, 6085, 6086, 6087, 6088, 6089, 6090,
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SECTIONi2.iiDistrict 2 is composed of Jefferson County; Harris County tracts 240800, 240900, 241000, 241100, 241200, 241300, 241400, 250100, 250300, 250400, 250500, 250700, 250800, 250900, 251000, 251100, 251200, 251300, 251400, 251500, 251600, 251700, 251800, 251900, 252000, 252100, 252600, 252700, 252800, 252900, 253000, 253100, 253800, 253900, 254000, 551300, 551400, 552800, 552900, 553000, 553100, 553200, 553300, 553400, 553500, 553600, 553700, 555000, and 555100; and that part of Harris County tract 232200 included in blocks 3000 and 3001; and that part of Harris County tract 240300 included in blocks 2000, 2001, 2002, 2003, 2004, 2007, 2008, 2009, 2010, 2021, 2071, 2072, 2073, and 2074; and that part of Harris County tract 240400 included in blocks 1016, 1017, 1018, 1019, 1023, and 1024; and that part of Harris County tract 250200 included in blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2019, 2023, 2024, 2025, 2026, 2027, and 2028; and that part of Harris County tract 250600 included in blocks 1000, 1001, 1002, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022, 6023, 6024, and 6025; and that part of Harris County tract 253200 included in blocks 2000, 2005, 2006, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, and 6018; and that part of Harris County tract 253500 included in blocks 1000, 1001, and 1002; and that part of Harris County tract 253600 included in blocks 1000, 1001, 1002, 1003, 1004, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 2000, 2001, 2002, 2004, 2005, 2006, 2007, 2008, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, and 3018; and that part of Harris County tract 253700 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3000, 3001, 3002, 3003, 3004, 3005, 4000, 4001, 4002, 4003, 4004, 4005, and 4006; and that part of Harris County tract 254100 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,
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SECTIONi3.iiDistrict 3 is composed of Collin County tracts 030501, 030502, 030601, 030700, 031505, 031611, 031612, 031613, 031620, 031621, 031622, 031623, 031624, 031625, 031626, 031627, 031628, 031629, 031630, 031631, 031632, 031633, 031634, 031635, 031636, 031637, 031638, 031639, 031640, 031641, 031642, 031643, 031644, 031645, 031646, 031647, 031648, 031649, 031650, 031651, 031652, 031653, 031703, 031704, 031705, 031706, 031707, 031708, 031709, 031710, 031802, 031803, 031804, 031805, 031900, 032003, 032004, 032005, 032007, 032008, and 032009; and that part of Collin County tract 030401 included in blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, and 1074; and that part of Collin County tract 030402 included in blocks 1021, 1022, 1023, 1024, 1026, 1027, 1028, 1029, 1030, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, and 2999; and that part of Collin County tract 030503 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022,
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SECTIONi4.iiDistrict 4 is composed of Bowie, Camp, Delta, Fannin, Franklin, Grayson, Hopkins, Hunt, Lamar, Morris, Rains, Red River, Rockwall, and Titus counties; Cass County tracts 950200, 950300, 950400, and 950700; and that part of Cass County tract 950100 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015,
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SECTIONi5.iiDistrict 5 is composed of Anderson, Cherokee, Henderson, Kaufman, Van Zandt, and Wood counties; Dallas County tracts 007810, 007811, 007813, 007814, 012400, 012500, 012602, 012900, 013004, 013005, 013008, 017001, 017003, 017303, 017304, 017305, 017400, 017500, 017602, 017702, 017703, 017704, 017804, 017807, 017808, 017811, 017812, 017813, 017814, 017900, 018001, 018002, 018104, 018110, 018111, 018117, 018118, 018119, 018126, 018127, 018128, 018129, 018130, 018131, 018132, 018401, 018402, and 018403; and that part of Dallas County tract 000100 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1999, 2000, 2001, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2018; and that part of Dallas County tract 007809 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018; and that part of Dallas County tract 007812 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 2000, 2001, 2002, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2019; and that part of Dallas County tract 007816 included in block 1001; and that part of Dallas County tract 007902 included in blocks 1001, 1002, 6014, 7002, 7003, 7004, 7005, 7006, 7007, 7008, 7009, 7010, and 7011; and that part of Dallas County tract 008000 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1013, 1028, 1029, 1030, 1031, 1997, 1998, 1999, 2018, 2021, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 4001, 4002, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 5000, 5006, 5007, 7000, 7001, 7002, 7003, 7012, 7013, 7014, 8000, 8001, 8002, 8003, 8004, 8005, 8006, 8007, 8008, 8009, 8010, 8011, 8012, 8013, 8014, and 8015; and that part of Dallas County tract 008100 included in blocks 1000, 1001, 1002, 1003, 2000, 2001, 2002, 2003, 2004, 2007, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2018; and that part of Dallas County tract 008200 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, and 5020; and that part of Dallas County tract 011900 included in blocks 1000, 1001, 1002, and 1003; and that part of Dallas County tract 012207 included in blocks 1000, 1001, 1002, 1007, 1008, and 1009; and that part of Dallas County tract 012209 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, and 1014; and that part of Dallas County tract 012302 included in blocks 3001 and 3008; and that part of Dallas County tract 012800 included in blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010,
314 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 315
SECTIONi6.iiDistrict 6 is composed of Ellis, Freestone, Houston, Leon, and Navarro counties; Limestone County tracts 970200, 970300, 970400, and 970500; and that part of Limestone County tract 970100 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1016, 1017, 1018, 1021, 1022, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1139, 1996, 1997, 2070, and 2071; and that part of Limestone County tract 970600 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1013, 1014, 1015, 1156, 1157, 1158, 1159, 1997, 1998, and 1999; and that part of Limestone County tract 970700 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2039, 2040, 2041, 2042, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2988, 2989, 2990, 2991, 2993, 2994, 2995, 2996, 2997, 2998, and 2999; Tarrant County tracts 105503, 111005, 111008, 111009, 111011, 111013, 111014, 111201, 111301, 111304, 111305, 111306, 111401, 111402, 111404, 111405, 111505, 111506, 111514, 111516, 111519, 111521, 111522, 111523, 111524, 111525, 111526, 111527, 111529, 111530, 111531, 111532, 111533, 111534, 111540, 111541, 111542, 111543, 111544, 111545, 111546, 113104, 113107, 113109, 113110, 113111, 113112, 121601, 121604, 121605, 121608, 121610, 121611, 121702, 121703, 121704, 121901, 122000, 122100, 122200, 122300, 122400, 122500, 122600, 122700, 122800, and 122900; and that part of Tarrant County tract 105510 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2029, and 2030; and that part of Tarrant County tract 105511 included in block 4013; and that part of Tarrant County tract 106400 included in blocks 2001, 2019, and 2020; and that part of Tarrant County tract 106508 included in blocks 2005, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2024, 2025, 2026, 2027, 2028, 2031, 2032, 2033, 2034, 2035, 2036, 2038, 2039, and 2042;
316 78th LEGISLATURE — THIRD CALLED SESSION
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318 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi7.iiDistrict 7 is composed of Harris County tracts 410200, 410300, 410400, 410500, 410700, 410800, 410900, 411000, 411100, 411200, 411300, 411400, 411500, 411600, 411700, 411800, 411900, 412000, 412100, 412300, 412400, 412500, 412600, 412700, 412800, 412900, 413000, 413100, 413200, 413300, 420200, 420300, 420400, 420600, 420700, 420800, 420900, 421000, 421800, 421900, 422000, 430100, 430200, 430300, 430400, 430500, 430600, 430700, 430800, 430900, 431000, 431100, 431200, 431300, 431400, 431500, 431600, 431700, 431800, 431900, 432100, 432200, 450100, 450200, 450300, 450400, 450500, 450600, 450700, 450800, 450900, 451000, 451100, 451200, 451300, 451400, 451500, 451600, 520900, 521000, 521100, 521900, 522200, 522300, 522400, 534200, 540100, 540200, 540300, 540400, 540500, 540600, 540700, 540800, 540900, 541100, 541200, 541300, 541400, 541700, 551600, 551700, 551800, 551900, 552000, 552100, 552400, 552500, 552600,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 319
320 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 321
SECTIONi8.iiDistrict 8 is composed of Hardin, Jasper, Montgomery, Newton, Orange, Polk, San Jacinto, Tyler, and Walker counties; Liberty County tracts 700600 and 700700; and that part of Liberty County tract 700400 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010,
322 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 323
324 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi9.iiDistrict 9 is composed of Fort Bend County tracts 670200, 670300, 670400, 670500, 670600, 671200, 672500, and 672600; and that part of Fort Bend County tract 670100 included in blocks 1000, 1001, 1002, 1003, 1004, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 3000, 3001, 3002, 3003, 3004, 3005, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022, 6023, 6024, 6025, 6026, 6027, 6028, and 6029; and that part of Fort Bend County tract 670700 included in blocks 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, and 1046; and that part of Fort Bend County tract 671100 included in blocks 1000, 1004, 1005, 1006, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, and 4015; and that part of Fort Bend County tract 671300 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1013, 1014, 1015, 1019, 1020, 1021, 1022, 1023, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019; and that part of Fort Bend County tract 671400 included in blocks 1000, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2003, and 2004; and that part of Fort Bend County tract 671800 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 2017, and 2037; and that part of Fort Bend County tract 672400 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2022, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 4005, 4007, 4008, 4009, and 4010; and that part of Fort Bend County tract 672700 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, and 1016; and that part of Fort Bend County tract 672900 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1025, 1026, 1027, 1028, 1029, and 1030; Harris County tracts 314000, 314100, 314200, 314300, 330200, 330300, 330400, 330500, 330600, 330700, 330800, 330900, 331000, 331300, 331400, 331500, 331600, 331700, 331800, 331900, 332500, 333500, 420100, 420500, 421100, 421200, 421300, 421400, 422200, 422300, 422400, 422700, 422800, 422900, 423000, 423100, 423200, 423300, 423400, 423500, 423600, 432300, 432400, 432900, 433000, 433100, 433200, 433300, 433400, 433500, 433600, 440100, 451700, 451800, 451900, 452000, 452100, 452200, 452300, 452400, 452500, 452600, 452700, 452800, 452900, 453000, 453100, 453200, 453300, 453400, 453500, 453600, 453700, 453800, 453900, 454000, 454100, 454200, and 454300; and that part of Harris County tract 312600 included in blocks 5020, 5021, 5022, 5023, 5024, 5025, 5026, and 5027; and that part of Harris County tract 313100 included in blocks 1000, 1023, 1024, 1028, 1029, 2009, 2010, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, and 2030; and that part of
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 325
326 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi10.iiDistrict 10 is composed of Austin, Lee, Waller, and Washington counties; and that part of Bastrop County tract 950100 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 3000, 3001, 3002, 3003, 3004, 3005, 3008, 3009, 3010, 3011, 3012, 3013, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075, and 3999; and that part of Bastrop County tract 950200 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030,
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328 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 329
330 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi11.iiDistrict 11 is composed of Andrews, Brown, Burnet, Coke, Coleman, Comanche, Concho, Crane, Dawson, Ector, Gillespie, Glasscock, Irion, Kimble, Lampasas, Llano, Loving, McCulloch, Martin, Mason, Menard, Midland, Mills, Mitchell, Reagan, Runnels, San Saba, Schleicher, Scurry, Sterling, Tom Green, Upton, Ward, and Winkler counties; Nolan County tracts 950200 and 950300; and that part of Nolan County tract 950100 included in blocks 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1071, 1072, 1073, 1074, 1075, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1998, 2116, 2130, 2131, 2132, 2133, 2134, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2145, 2146, 2147, 2148, 2149, 2150, 2175, 2176, and 2177; and that part of Nolan County tract 950400 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 331
332 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi12.iiDistrict 12 is composed of Parker and Wise counties; Tarrant County tracts 100101, 100102, 100201, 100202, 100300, 100400, 100501, 100502, 100601, 100602, 100700, 100800, 100900, 101000, 101800, 101900, 102000, 102100, 102201, 102202, 102301, 102302, 102401, 102402, 102500, 102600, 102700, 102800, 103000, 104000, 104100, 104201, 104202, 104300, 104400, 104503, 104700, 104801, 104802, 104900, 105001, 105005, 105006, 105100, 105201, 105203, 105204, 105205, 105300, 105403, 105404, 105405, 105406, 105502, 105505, 105506, 105507, 105508, 105512, 105600, 105701, 105703, 105704, 105800, 106001, 106600, 106700, 110102, 110202, 110203, 110204, 110302, 110401, 110402, 110500, 110601, 110602, 110701, 110703, 110704, 110801, 110804, 110901, 110903, 110905, 110906, 110907, 111003, 113808, 113809, 113904, 113915, 113916, 114001, 114003, 114005, 114006, 114101, 114102, 114202, 114203, 114204, and 114205; and that part of Tarrant
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 333
334 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 335
SECTIONi13.iiDistrict 13 is composed of Armstrong, Baylor, Briscoe, Carson, Childress, Clay, Collingsworth, Cottle, Crosby, Dallam, Dickens, Donley, Foard, Gray, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill, Hutchinson, Jack, Jones, King, Knox, Lipscomb, Montague, Moore, Motley, Ochiltree, Oldham, Palo Pinto, Potter, Randall, Roberts, Sherman, Stonewall, Swisher, Throckmorton, Wheeler, Wichita, and Wilbarger counties; and Archer County tract 020100; and that part of Archer County tract 020200 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3035, 3036, 3037, 3038, 3039, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3095, 3096, 3108, 3643, 3644, 3645, 3646, 3647, 3648, 3649, 3650, 3651, 3653, 3654, 3655, 3656, 3657, 3658, 3998, and 3999; and that part of Archer County tract 020300 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1057, 1058, 1059, 1998, and 1999; and that part
336 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 337
SECTIONi14.iiDistrict 14 is composed of Aransas, Calhoun, Chambers, Jackson, Matagorda, Victoria, and Wharton counties; Brazoria County tracts 661000, 661100, 661200, 661300, 661400, 661500, 661600, 661700, 661800, 661900, 662000, 662100, 662200, 662300, 662400, 662500, 662600, 662700, 662800, 662900, 663000, 663100, 663200, 663300, 663400, 663500, 663600, 663700, 663800, 663900, 664000, 664100, 664200, 664300, 664400, and 664500; and that part of Brazoria County tract 660200 included in blocks 1025, 1026, and 1032; and that part of Brazoria County tract 660600 included in blocks 1067, 1068, 1069, 1070, 1071, 1072, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, and 1109; and that part of Brazoria County tract 660700 included in blocks 1126, 1127, 1128, 1129, 1130, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, and 3031; and that part of Brazoria County tract 660900 included in blocks 3046, 3050, 3051, 3054, 3055, 3056, 3057, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, and 3087; Fort Bend County tracts 673000, 673100, and 673200; and that part of Fort Bend County tract 672900 included in block 1018; and that part of Fort Bend County tract 673300 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014,
338 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 339
340 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi15.iiDistrict 15 is composed of Bee, Brooks, Colorado, De Witt, Fayette, Goliad, Jim Wells, Lavaca, and Refugio counties; Bastrop County tracts 950300, 950600, 950700, and 950800; and that part of Bastrop County tract 950100 included in blocks 3006, 3007, 3014, 3015, 3016, 3017, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3997, 3998, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4995, 4996, 4997, 4998, and 4999; and that part of Bastrop County tract 950200 included in blocks 2015, 2017, 2018, 3036, 4007, 4008, 4022, 4024, 4025, and 5048; and that part of Bastrop County tract 950400 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028, 5029, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5056, 5057, 5058, 5059, 5060, 5061, 5062, 5063, 5064, 5065, 5066, 5067, 5068, 5069, 5070, 5071, 5072, 5073, 5074, 5075, 5076, 5077, 5078, 5079, 5080, 5081, 5082, 5083, 5084, 5085, 5086, 5087, 5088, 5089, 5090, 5091, 5092, 5093, 5094, 5095, 5096, 5998, 5999, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022, 6023, 6024, 6025, 6026, 6027, 6028, 6029, 6030, 6031, 6032, 6033, 6034, 6035, 6036, 6037, 6038, 6039, 6040, 6041, 6042, 6043, 6044, 6045, 6046, 6047, 6048, 6049, 6050, 6051, 6052, 6053, 6054, 6055, 6056, 6057, 6058, 6059, 6060, 6061, 6062, 6063, 6064, 6065, 6066, 6067, 6068, 6069, 6070, 6071, 6072, 6073, 6074, 6075, 6076, 6077, 6078, 6079, 6080, 6081, 6082, 6083, 6084, 6085, 6086, 6087, 6088, 6089, 6090, 6091, 6092, 6093, 6094, 6095, 6096, 6097, 6098, 6099, 6100, 6101, 6102, 6103, 6104, 6105, 6106, 6107, 6108, 6109, 6110, 6111, 6112, 6113, 6114, 6115,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 341
342 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 343
344 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 345
SECTIONi16.iiDistrict 16 is composed of El Paso County tracts 000101, 000106, 000107, 000108, 000109, 000110, 000111, 000112, 000203, 000204, 000205, 000206, 000301, 000302, 000401, 000403, 000404, 000500, 000600, 000700, 000800, 000900, 001001, 001002, 001104, 001105, 001107, 001109, 001110, 001111, 001112, 001113, 001201, 001202, 001203, 001301, 001302, 001400, 001501, 001502, 001600, 001700, 001800, 001900, 002000, 002100, 002201, 002202, 002300, 002400, 002500, 002600, 002800, 002900, 003000, 003100, 003200, 003300, 003401, 003403, 003404, 003501, 003502, 003601, 003602, 003701, 003702, 003801, 003803, 003804, 003901, 003902, 003903, 004002, 004003, 004004, 004103, 004104, 004105, 004106, 004107, 004201, 004202, 004303, 004305, 004307, 004309, 004310, 004311, 004312, 004313, 004314, 004315, 004316, 010101, 010102, 010103, 010203, 010204, 010206, 010207, 010208, 010209, 010303, 010307, 010311, 010312, 010313, 010314, 010315, 010316, 010317, 010321, 010401, 010402, and 010403; and that part of El Paso County tract 010309 included in blocks 1054, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1111, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, and 1298; and that part of El Paso County tract 010310 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3044,
346 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 347
SECTIONi17.iiDistrict 17 is composed of Bosque, Brazos, Grimes, Hill, Hood, Johnson, McLennan, Madison, and Somervell counties; and that part of Burleson County tract 970100 included in blocks 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2013, 2015, 2019, 2020, 2021, 2022, and 2023; and that part of Burleson County tract 970400 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1996, 1997, 1998, 1999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3094, 3095, 3096, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3994, 3995, 3996, 3997, 3998, and 3999; and Limestone County tract 970800; and that part of Limestone County tract 970100 included in blocks 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1019, 1020, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1114, 1137, 1138, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159,
348 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 349
SECTIONi18.iiDistrict 18 is composed of Harris County tracts 100000, 210100, 210200, 210300, 210400, 210500, 210800, 210900, 211000, 211100, 211200, 211300, 211400, 211700, 211800, 230100, 230200, 230300, 230400, 230600, 230700, 230800, 230900, 231000, 231100, 231200, 231300, 231400, 231500, 231600, 231900, 233600, 240500, 240600, 240700, 310100, 310200, 312000, 312100, 312200, 312300, 312400, 312500, 312700, 312800, 312900, 313000, 313200, 313400, 313500, 313600, 313700, 313800, 332100, 332200, 510100, 510200, 510300, 510400, 510500, 511000, 511100, 511200, 511300, 511400, 511500, 511600, 520100, 520400, 520500, 520600, 521400, 521500, 521600, 530100, 530200, 530300, 530900, 531000, 531100, 531200, 531300, 531400, 531500, 531600, 531700, 531800, 531900, 532000, 532100, 532200, 532300, 532400, 532500, 532600, 532700, 532800, 532900, 533000, 533100, 533200, 533400, 533500, 533600, 533700, 533800, 550100, 550200, 550300, 550400, 550500, 550600, 550800, 550900, 551000, and 551100; and that part of Harris County tract 210600 included in blocks 2011, 2014, 2015, 2018, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 4004, 4005, 4006, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, and 4030; and that part of Harris County tract 210700 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025,
350 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 351
352 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 353
354 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi19.iiDistrict 19 is composed of Bailey, Borden, Callahan, Castro, Cochran, Deaf Smith, Eastland, Fisher, Floyd, Gaines, Garza, Hale, Hockley, Howard, Kent, Lamb, Lubbock, Lynn, Parmer, Shackelford, Stephens, Taylor, Terry, Yoakum, and Young counties; and that part of Archer County tract 020200 included in blocks 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3094, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3130, 3131, 3132, 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3147, 3148, 3149, 3150, 3151, 3152, 3153, 3154, 3155, 3156, 3157, 3158, 3159, 3160, 3161, 3162, 3163, 3164, 3165, 3166, 3167, 3168, 3169, 3170, 3171, 3172, 3173, 3174, 3175, 3176, 3177, 3178, 3179, 3180, 3181, 3182, 3183, 3184, 3185, 3186, 3187, 3188, 3189, 3190, 3191, 3192,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 355
356 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 357
358 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi20.iiDistrict 20 is composed of Bexar County tracts 110100, 110300, 110400, 110500, 110600, 110700, 110800, 110900, 111000, 121205, 121403, 121404, 121508, 140100, 140400, 150100, 150200, 150300, 150400, 160100, 160200, 160300, 160400, 160500, 160600, 160701, 160702, 161401, 161402, 161501, 161600, 161700, 170101, 170102, 170200, 170300, 170401, 170402, 170500, 170600, 170700, 170800, 170900, 171000, 171100, 171200, 171300, 171400, 171500, 171600, 171700, 171801, 171802, 171902, 171903, 171907, 171908, 171909, 171910, 171911, 171912, 180100, 180201, 180202, 180300, 180400, 180501, 180503, 180504, 180601, 180602, 180701, 180702, 180800, 180901, 180902, 181001, 181003, 181004, 181005, 181303, 181401, 181402, 181503, 181504, 181505, 181506, 181601, 181602, 181704, 181705, 181706, 181711, 181712, 181713, 181714, 181715, 181716, 181717, 181808, 190100, 190501, 190502, 190601, 190602, 190700, 190901, 191002, 191003, and 191004; and that part of Bexar County tract 110200 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1017, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3018, and 3019; and that part of Bexar County tract 120200 included in blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 359
360 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 361
362 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi21.iiDistrict 21 is composed of Blanco County; Bexar County tracts 120100, 120300, 120400, 120600, 120800, 120901, 121000, 121109, 121110, 121111, 121112, 121114, 121115, 121117, 121118, 121501, 121504, 121505, 121601, 121603, 121604, 121700, 121801, 121802, 121803, 121804, 121806, 121807, 121901, 121902, 131700, 190800, 191101, and 191102; and that part of Bexar County tract 120200 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 2022, 2023, 2024, 4014, 5012, 5014, and 6000; and that part of Bexar County tract 120501 included in blocks 1011, 2000, 2007, 3000, 3001, 3006, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3024, 3026, 3027, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 7000, 7001, 7002, 7003, 7004, 7005, 7006, 7007, 7008, 7009, 7010, 7011, 7012, 7013, 7014, 8000, 8001, 8002, and 8003; and that part of Bexar County tract 120502 included in blocks 6001 and 6002; and that part of Bexar County tract 120701 included in blocks 1000, 1002, 1003, 1004, 1005, 1006, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 5000, 5001, 5002, 5003, and 5004; and that part of Bexar County tract 120702 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 2000, 2001, 2002, 2003, 2004, 2005, 3000, 3001, 3002, 3003, 3004, 3005, and 3006; and that part of Bexar County tract 120902 included in blocks 1002, 1003, 1004, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, and 3021; and that part of Bexar County
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 363
364 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 365
366 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 367
368 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi22.iiDistrict 22 is composed of Brazoria County tracts 660100, 660300, 660400, 660500, and 660800; and that part of Brazoria County tract 660200 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1027, 1028, 1029, 1030, 1031, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, and 2055; and that part of Brazoria County tract 660600 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1110, 1111, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, and 2075; and that part of Brazoria County tract 660700 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, and 2061; and that part of Brazoria County tract 660900 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3047, 3048, 3049, 3052, 3053, 3058, 3071, 3072, 3073, and 3074; Fort Bend County tracts 670800, 670900, 671000,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 369
370 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 371
372 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 373
SECTIONi23.iiDistrict 23 is composed of Bandera, Brewster, Crockett, Culberson, Dimmit, Edwards, Hudspeth, Jeff Davis, Kendall, Kerr, Kinney, Maverick, Medina, Pecos, Presidio, Real, Reeves, Terrell, Uvalde, Val Verde, and Zavala counties; Bexar County tracts 172001, 172002, 181100, 181301, 181703, 181719, 181801, 181806, 181807, 181809, 181812, 181900, 182000, 182101, 182102, 182103, 182104, 191402, 191403, 191405, 191406, 191407, 191408, 191409, 191501, 191502, 191600, 191803, 191804, and 191805; and that part of Bexar County tract 121108 included in blocks 4004, 4005, 4006, 4009, 4010, 4011, 4012, 4013, 4014, and 4015; and that part of Bexar County tract 121116 included in block 2011; and that part of Bexar County tract 171906 included in blocks 1006, 1007, 1010, 1011, 1012, 1020, 1021, and 1024; and that part of Bexar County tract 181200 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3011, 3012, 3013, 3014, 4002, 4003, 4004, 4005, 4006, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, and 5017; and that part of Bexar County tract 181302 included in blocks 1000, 1001, 1002, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, and 3015; and that part of Bexar County tract 181701 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017; and that part of Bexar County tract 181718 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, and 1011; and that part of Bexar County tract 181803 included in blocks 1000, 1001, 1002, 1003, 1005, 1028, 1029, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, and 3012; and that part of Bexar County tract 181810 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 3000, 3001, 3002, 3003, and 3004; and that part
374 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 375
376 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 377
378 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 379
380 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi24.iiDistrict 24 is composed of Dallas County tracts 013711, 013712, 013713, 013714, 013715, 013716, 013717, 013718, 013719, 013720, 013721, 013722, 013723, 013803, 013804, 013901, 013902, 014001, 014002, 014109, 014110, 014115, 014116, 014118, 014119, 014120, 014121, 014122, 014123, 014304, 014307, 014403, 014407, 014408, 015303, 015401, 015403, 015404, 015500, 016001, 016002, 016100, 016201, 016202, 016301, 016302, 016401, 016404, 016406, 016407, 016408, 016409, 016410, 016411, 016502, 016509, 016510, 016511, 016513, 016514, 016515, 016516, 016518, 016519, and 016616; and that part of Dallas County tract 010703 included in blocks 2012, 2013, and 2995; and that part of Dallas County tract 010801 included in blocks 3003, 3004, 3005, 4005, 4006, 4007, 4008, and 4010; and that part of Dallas County tract 010803 included in blocks 5003 and 5004; and that part of Dallas
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 381
382 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 383
384 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 385
SECTIONi25.iiDistrict 25 is composed of Caldwell, Duval, Gonzales, Jim Hogg, Karnes, Live Oak, and Starr counties; Hidalgo County tracts 020100, 020201, 020202, 020203, 020300, 020401, 020402, 020501, 020502, 020503, 020600, 020701, 020721, 020722, 020723, 020724, 021000, 021100, 021201, 021202, 021301, 021401, 021500, 021600, 024103, 024104, and 024202; and that part of Hidalgo County tract 020801 included in blocks 4006, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, and 5025; and that part of Hidalgo County tract 020802 included in blocks 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028, 5029, 5030, 5031, 5032, 5033, 5034, and 5035; and that part of Hidalgo County tract 020901 included in blocks 1000 and 1001; and that part of Hidalgo County tract 020902 included in blocks 1008, 1013, 1014, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022, 6023, 6024, 6025, and 8000; and that part of Hidalgo County tract 021302 included in blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, and 2062; and that part of Hidalgo County tract 021303 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 2012, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2050, 2051, 2054, 2086, 2087, 2088, 2998, 3000, 3001, 3002, 3003, 3005, 3006,
386 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 387
388 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 389
390 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi26.iiDistrict 26 is composed of Cooke County tracts 990500, 990600, 990800, and 991000; and that part of Cooke County tract 990100 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3992, 3993, 3994, 3995, 3996, 3997, 3998, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4998, and 4999; and that part of Cooke County tract 990200 included in blocks 2170, 2171, 2172, and 2173; and that part of Cooke County tract 990400 included in blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, and 3081; and that part of Cooke County tract 990700 included in blocks 1001, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2034, 2035, 2036, 2037, 2038, 2039, 2041, 2042, 2043, 2044, 2060, 2062, 2063, 2064, 2065, 2992, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 391
392 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 393
394 78th LEGISLATURE — THIRD CALLED SESSION
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 395
396 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi27.iiDistrict 27 is composed of Kenedy, Kleberg, Nueces, and Willacy counties; Cameron County tracts 011500, 011600, 011903, 012200, 012301, 012302, 012303, 012304, 012401, 012402, 012403, 012504, 012505, 012506, 012507, 012508, 012604, 012605, 012606, 012607, 012608, 012609, 012610, 012611, 012612, 012613, 012700, 012800, 012900, 013002, 013003, 013004, 013102, 013104, 013106, 013203, 013204, 013205, 013206, 013207, 013208, 013303, 013304, 013305, 013306, 013307, 013308, 013309, 013401, 013402, 013500, 013600, 013700, 013801, 013802, 013901, 013902, 013903, 014001, 014002, and 014100; and that part of Cameron County tract 010100 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2997, 2998, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038,
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 397
398 78th LEGISLATURE — THIRD CALLED SESSION
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SECTIONi28.iiDistrict 28 is composed of Atascosa, Frio, Guadalupe, La Salle, McMullen, Wilson, and Zapata counties; Bexar County tracts 130200, 130400, 130500, 131000, 131100, 131200, 131300, 131400, 140300, 140500, 140600, 140800, 140900, 141000, 141100, 141200, 141300, 141401, 141402, 141500, 141600, 141700, 141800, 150600, 150800, 150900, 151000, 151100, 151200, 151300, 151400, 151500, 151600, 151700, 151800, 151900, 152000, 152100, 152200, 160800, 160900, 161000, 161100, 161200, 161302, 162001, and 162002; and that part of Bexar County tract 110200 included in blocks 1015, 1016, 1018, 1019, 1020, 1021, 1022, 1023, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 3016, 3017, 3020, 3021, 3022, 3023, 3024, 3025, 3026, and 3027; and that part of Bexar County tract 121402 included in blocks 1012, 2013, and 2016; and that part of Bexar County tract 130100 included in blocks 3017, 3019, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 6004, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6014, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022, 6023, 6024, 6025, 6026, 6027, 7015, 7016, 7017, and 7020; and that part of Bexar County tract 130300 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 3000, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, and 5012; and that part of Bexar County tract 130600 included in blocks 2006, 2008, 2009, 2010, 2011, 2012, 3008, 3009, 3010, 3011, 3012, 3013, 4003, 4004, 4005, 4006, 4007, 4008, 4015, 4016, 4017, and 4018; and that part of Bexar County tract 130800 included in blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, and 5022; and that part of Bexar County tract 130900 included in blocks 1019, 1020, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, and 3011; and that part of Bexar County tract 131501 included in blocks 2000, 2001, 2003, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3016, 3017, 3018, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, and 4017; and that part of Bexar County tract 131502 included in block 4019; and that part of Bexar County tract 131601 included in
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SECTIONi29.iiDistrict 29 is composed of Harris County tracts 211900, 212200, 220200, 220300, 220400, 220600, 220900, 221000, 221100, 221200, 221300, 221400, 221500, 221600, 221700, 221800, 221900, 222000, 222100, 222200, 222300, 222400, 222500, 222800, 222900, 223000, 223100, 231700, 232300, 232400, 232600, 232700, 232800, 232900, 233000, 233100, 233200, 233300, 233500, 252200, 252300, 252400, 252500, 253300, 253400, 254200, 254300, 254400, 254500, 310500, 310600, 310700, 310800, 310900, 311000, 311100, 311200, 311300, 311400, 311500, 311600, 311700, 311800, 311900, 320100, 320200, 320300, 320400, 320500, 320600, 320700, 320800, 320900, 321400, 321500, 321600, 321700, 321800, 321900, 322000, 322100, 322200, 322300, 322400, 322500, 322600, 322700, 322800, 322900, 323000, 323100, 323200, 323300, 332700, 332800, 332900, 333000, 333300, 342400, and 530700; and that part of Harris County tract 210600 included in blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2016, 2017, 4000, 4001, 4002, 4003, 4007, 4008, 4009, and 4010; and that part of Harris County tract 210700 included in block 2005; and that part of Harris County tract 211500 included in blocks 1000, 1001, 1002, 1003, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028, 5029, 5030, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022, 6023, 6024, 6025, 6026, 6027, 6028, 6029, 6030, 6031, 6032, 6033, 6034, 6035, 6036, 6037, 6038, 6039, 6040, 6041, 6042, 6043, 6044, 6045, 6046, 6047, 6048, and 6049; and that part of Harris County tract 211600 included in blocks 1000, 1001, 1002, 1003, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 2000, 2001, 2002, 2003, 2004, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, and 2024; and that part of Harris
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SECTIONi30.iiDistrict 30 is composed of Dallas County tracts 000401, 000403, 000404, 000405, 000500, 000603, 000701, 000800, 000900, 001001, 001002, 001101, 001102, 001202, 001203, 001204, 001301, 001302, 001400, 001502, 001503, 001504, 001600, 001701, 001702, 001800, 001900, 002100, 002200, 002400, 002500, 002701, 002702, 002900, 003101, 003201, 003300, 003400, 003500, 003700, 003800, 003901, 003902, 004000, 004100, 004300, 004900, 005400, 005500, 005600, 005700, 005901, 005902, 006001, 006002, 006100, 007102, 007201, 007202, 008400, 008500, 008603, 008604, 008701, 008703, 008704, 008705, 008801, 008802, 008900, 009000, 009101, 009103, 009104, 009105, 009201, 009202, 009301, 009303, 009304, 010000, 010101, 010102, 010200, 010400, 010500, 010601, 010602, 010901, 010902, 011001, 011002, 011101, 011103, 011104, 011105, 011200, 011300, 011401, 011402, 011500, 011601, 011602, 011701, 011702, 011800, 012000, 012100, 012204, 012206, 012208, 012210, 012211, 012301, 016605, 016606, 016607, 016610, 016611, 016612, 016613, 016617, 016618, 016619, 016620, 016701, 016703, 016704, 016705, 016802, 016803, 016804, 016901, 016902, 016903, 017102, and 017301; and that part of Dallas County tract 000100 included in blocks 3000, 3001, 3002, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, and 4015; and that part of Dallas County tract 000300 included in block 5005; and that part of Dallas County tract 000601 included in
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SECTIONi31.iiDistrict 31 is composed of Bell, Coryell, Erath, Falls, Hamilton, Milam, and Williamson counties; and that part of Robertson County tract 960400 included in blocks 1003, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, and 3048; and that part of Robertson County tract 960500 included in blocks 1021, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1031, 1032, 1033, 1034, 1035, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1052, 1128, 1129, 1130, 1131, 1132, 1133, 1998, 1999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3034, 3035, 3036, 3037, 3048, 3049, 3050, 3051, 3061, 3062, 3063, 3064, 3069, 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3094, 3095, 3096, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3120, 3121, 3122, 3998, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, and 4033.
SECTIONi32.iiDistrict 32 is composed of Dallas County tracts 000201, 000202, 000702, 004201, 004202, 004400, 004500, 004600, 004700, 005000, 005100, 005200, 005300, 006302, 006400, 006501, 006502, 006700, 006800, 006900, 007101, 007301, 007302, 007400, 007500, 007601, 007604, 007605, 007700, 007801, 007805, 007806, 007815, 007818, 007819, 007903, 007905, 007906, 007907, 007908, 009402, 009500, 009603, 009604, 009605, 009607, 009608, 009609, 009610, 009611, 009701, 009702, 009803, 009804, 009900,
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ARTICLE III
SECTIONi1.iiIn this Act, "tract" and "block" mean the geographic areas identified by those terms on the 2000 Census TIGER/Line File, prepared by the federal Bureau of the Census for the Twenty-second Decennial Census of the United States, enumerated as of April 1, 2000.
SECTIONi2.iiIt is the intention of the Texas Legislature that, if any county, tract, block, or other geographic area has erroneously been left out of this Act, a court reviewing this Act should include that area in the appropriate district in accordance with the intent of the legislature, using any available evidence of that intent, including evidence such as that used by the Supreme Court of Texas in Smith v. Patterson, 111 Tex. 535, 242 S.W. 749 (1922).
SECTIONi3.iiChapter 7, Acts of the 72nd Legislature, 2nd Called Session, 1991 (Article 197h, Vernon's Texas Civil Statutes), is repealed.
SECTIONi4.iiThe districts set out in Article II of this Act apply to the election of the members of the United States House of Representatives from the State of Texas beginning with the primary and general elections in 2004 for members of the 109th Congress. This Act does not affect the membership or districts of the United States House of Representatives of the 108th Congress.
SECTIONi5.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
PARLIAMENTARY INQUIRY
REPRESENTATIVE MABRY: Mr. Speaker, Rule 13, Section 10 states that all conference committee reports must be printed and a copy furnished to each member at least 24 hours before an action can be taken on the report, is that correct?
MR. SPEAKER: That's correct, Mr. Mabry.
MABRY: And Mr. Speaker, am I correct that a fiscal note is part of the conference committee report?
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MR. SPEAKER: A fiscal note must be submitted but it's not required to be laid out.
MABRY: Mr. Speaker, my understanding of the rules is that a copy of the fiscal note should be made available with the conference committee report to the members prior to an action being taken on the bill or the report, is that correct?
MR. SPEAKER: That's correct.
MABRY: Mr. Speaker, the copy of the conference committee report that was placed in my box and placed in Mr. Dunnam's box, and I presumed placed in everyone else's box, did not contain a fiscal note, and I would at this time raise a point of order against further consideration of conference committee report for CSHB 3 on the basis that it violates Rule 13, Section 10(c), and Rule 4, Sectioni33(e), which requires every conference commitee report to include a fiscal note that shall remain with the measure throughout the entire legislative process and provided to each member of the house prior to the measure being taken up.
HB 3 - POINT OF ORDER
Representative Mabry raised a point of order against further consideration of the conference committee report on HB 3 under Rule 13, Section 10(c) and Rulei4, Section 33(e) of the House Rules on the grounds that the conference committee report does not contain a fiscal note.
The speaker overruled the point of order and submitted the following statement to the journal clerk:
Mr. Mabry raised a point of order against further consideration of HB 3 on the grounds that it violated Rule 13, Section 10(c), House Rules, because the fiscal note on the conference committee report was not provided to the members in a timely fashion. In particular, Mr. Mabry argues that the rules require the conference committee report to be attached to the conference committee report printing.
The floor amendment system, which is available to all of the members, indicated that a fiscal note for the conference committee report was made viewable to the members in accordance with the cited section of the rules. In addition, the chief clerk has indicated that paper copies of the fiscal note for HB 3 were available in three-ring binders on the printer tables in the back of the house chamber prior to the consideration of the bill on the floor. The chair believes that these are appropriate methods under Rule 13, Section 10(c) for providing members with the fiscal note for the conference committee report. (See House Journal, page 5152, 77th Regular Session.)
Accordingly, the point of order is respectfully overruled.
POINT OF ORDER
Representative Dunnam raised a point of order that the house was meeting in violation of Article III, Section 10 of the Texas Constitution and Rule 7, Sectioni11 of the House Rules.
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The speaker overruled the point of order and submitted the following statement to the journal clerk:
Mr. Dunnam raised a point of order on the grounds that the house violated both the Texas Constitution and the House Rules when it improperly adjourned from Sunday, October 5, 2003 until Wednesday, October 8, 2003. Specifically, Mr. Dunnam argues that both the Texas Constitution and the rules required the house to reconvene on Monday, October 6, 2003.
Rule 7, Section 11 provides that "[a] smaller number of members than a quorum may adjourn from day to day, and may compel the attendance of absent members." The rule is a restatement of the provisions of Article III, Section 10, Texas Constitution. Mason's Legislative Manual notes that most state constitutions authorize their houses to adjourn from day to day in the absence of a quorum (Mason's Sec. 208). The chair can find no precedent that supports Mr. Dunnam's premise that the term "adjourn from day to day" must be construed to limit the house's ability to adjourn only to the immediate following day.
Mr. Dunnam refers to Mason's Legislative Manual, Section 201, in support of his point of order, offering the reference in support of the proposition that, because the house adjourned to an improper day, the effect of this action is to dissolve the body. That provision of Mason's provides only that an unqualified motion to adjourn is effectively a motion to dissolve the body where no future date has been set for reconvening. (Unlike Congress, which by resolution at the beginning of each session establishes the weekly date and times for regular meetings, the date and time for reconvening the Texas House is set by motion each day.) This provision of Mason's has no application in this instance because, rather than adopting an unqualified motion to adjourn, the house adjourned until the time certain of noon, Wednesday, October 8, 2003. The provision cited neither states nor offers support for the proposition that adjournment to an improper day is effectively adjournment sine die. In fact, Mason's Sec. 445-1 provides: "When a state legislature is duly convened it cannot be adjourned sine die nor be dissolved except in the regular legal manner, and an adjournment from day to day cannot have that effect." Because the members who were present on Sunday, October 5, 2003, did not constitute a quorum, a motion to adjourn sine die was not in order. (See Deschler-Brown Precedents, Ch. 20, Secs. 8.9-8.10).
Mr. Dunnam argues that adjournment of the house sine die with less than a quorum would have been proper Sunday, as evidenced by the senate's adjournment sine die of the Second Called Session with less than a quorum. It is clear that the senate's motion to adjourn sine die with less than a quorum present was proper because the senate so adjourned on August 26, 2003, the last possible day of that session, and there was no future day to which the Second Called Session could adjourn. Had more than three days remained in that called session, adjournment sine die would not have been in order, not only as evidenced by the congressional precedents cited earlier, but because it would have violated Article III, Section 17, Texas Constitution, which provides that neither house may adjourn for more than three days without the consent of the other house. Mr. Dunnam also argues that the house adjournment Sunday to Wednesday violated
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Article III, Section 17, is relevant to the issues raised in the point of order, however. According to The Constitution of the State of Texas: An Annotated and Comparative Analysis, Braden, G. et al., (1977), p. 131, "[T]he reason for Section 17 is clear: to prevent one house from frustrating the other's business by packing up and going home...." Clearly, permitting less than a quorum of one house to adjourn sine die when more than three days remain in a legislative session would violate the purpose of Article III, Section 17.
Under these circumstances, the chair finds that the power of less than a quorum to adjourn "day to day" does not require the house to set the immediately following day as the date of reconvening, but rather empowers those present to set a date for reconvening that is generally within the power of the house, that is, a date not more than three days after adjournment.
Accordingly, the point of order is respectfully overruled.
REMARKS BETWEEN REPRESENTATIVE MABRY
AND REPRESENTATIVE KING
REPRESENTATIVE MABRY: Mr. Chairman, you recall that when we impaneled the conference committee I made a motion and the motion was adopted without objection to instruct the conferees to strictly comply with Rulei13, Section 7 of the House Rules, is that correct?
REPRESENTATIVE KING: I'll take your word, I vaguely remember that.
MABRY: We took a record vote on it, Mr. King, and then we did a motion to suspend the rules and then we took a record vote on that. You recall all that, don't you?
KING: I'll take your word.
MABRY: And the purpose of that was to instruct the conferees to strictly adhere to and comply with Rule 13, Section 7, correct?
KING: Correct.
MABRY: Thank you. Now, were any public meetings ever held in the deliberation and the adoption of the conference committee report?
KING: No.
MABRY: None of the deliberations and the adoption of the conference commitee report were open to the public, is that right?
KING: None were closed to the public.
MABRY: I'm sorry?
KING: None were closed to the public.
MABRY: None were posted and none were held, correct?
KING: Correct.
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MABRY: I noticed that there are five signatures on the conference committee report. Yours, Representative Grusendorf's, Crabb, Hamric, and Wilson––those signatures were not obtained in a meeting that was opened to the public after reasonable notice, is that correct?
KING: Those signatures were obtained in accordance with the rules of the house.
MABRY: Were they obtained in private?
KING: They were not obtained at a posted, called, conducted public hearing of the conference committee.
MABRY: Were they obtained in a place where the public was allowed to enter and observe and the press was allowed to enter and observe?
KING: Sure.
MABRY: Where were they obtained?
KING: Well, they were obtained at different points throughout the last day.
MABRY: In your office?
KING: They were obtained at different places. Some members came by and signed it. Some, the document was taken to others––everyone knew what they were signing and what they were signing it for and fully understood that they were concurring with the conference committee report.
MABRY: And the signatures were not obtained in a place that the public was allowed to come and attend and watch the signing of the document, is that correct?
KING: It was not at a posted, public meeting of the conference committee.
MABRY: It wasn't a public meeting at all, was it?
KING: Well, it wasn't at any place I don't suppose the public couldn't have come to. Some were in my office, and other places, those are open to the public, I guess.
MABRY: But if someone would have come up and said they wanted to witness the signing of the––
KING: I don't want to talk in hypotheticals.
HB 3 - POINT OF ORDER
Representative Mabry raised a point of order against further consideration of the conference committee report on HB 3 under Rule 13, Section 7 of the House Rules on the grounds that the conference committee report was adopted in private.
The speaker overruled the point of order and submitted the following statement to the journal clerk:
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Mr. Mabry raised a point of order against further consideration of HB 3 on the grounds that it violated Rule 13, Section 7. Mr. Mabry argues that because the conference committee members did not sign the conference committee report in public that the report was "adopted in private" and is therefore ineligible for consideration by the house under Rule 13, Section 7.
There is well-established house precedent that the rules do not require a meeting of conferees to act on a conference committee report and that the signatures of three of the five members are adequate to report a measure. (See Explanatory Note, Rule 13, Section 7, House Rules, 78th Legislature.)
To hold that the conferees must execute the signature sheet in public would effectively require a meeting of the conferees and would be contrary to consistent prior holdings and to the long-standing practice of the house.
Accordingly, the point of order is respectfully overruled.
REMARKS ORDERED PRINTED
Representative Mabry moved to print remarks between Speaker Craddick and Representative Mabry.
The motion prevailed without objection.
REMARKS ORDERED PRINTED
Representative Mabry moved to print remarks between Representative King and Representative Mabry.
The motion prevailed without objection.
(Haggerty, Kolkhorst, and Marchant now present)
MOTION TO SUSPEND RULES
Representative Burnam moved to suspend Rule 5, Section 28 of of the House Rules in order to extend the speaking time of Representative King on HB 3.
A record vote was requested.
The motion to suspend the rules was lost by (Record 42): 52 Yeas, 73 Nays, 1 Present, not voting.
Yeas — Alonzo; Bailey; Burnam; Canales; Capelo; Castro; Chavez; Coleman; Cook, R.; Crabb; Deshotel; Dukes; Dunnam; Edwards; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Giddings; Guillen; Gutierrez; Hochberg; Hodge; Homer; Jones, J.; Laney; Lewis; Luna; Mabry; McClendon; McReynolds; Menendez; Moreno, J.; Naishtat; Noriega; Olivo; Peña; Phillips; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Solis; Telford; Uresti; Wise; Wolens.
Nays — Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Christian; Cook, B.; Corte; Davis, J.; Dawson; Delisi; Eissler; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamric; Hardcastle; Harper-Brown; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Kuempel; Laubenberg; Madden; Marchant;
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Present, not voting — Mr. Speaker(C).
Absent, Excused — Denny; Driver; Elkins; Garza; Hopson; Martinez Fischer; Moreno, P.; Oliveira; Solomons; Talton; Thompson; Villarreal.
Absent — Casteel; Crownover; Davis, Y.; Dutton; Eiland; Geren; Hamilton; Hartnett; Krusee; Merritt; Nixon; Turner.
STATEMENT OF VOTE
When Record No. 42 was taken, my vote failed to register. I would have voted no.
Nixon
Representative King moved to adopt the conference committee report on HBi3.
HR 344 - NOTICE OF INTRODUCTION
Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi344, suspending the limitations on the conferees for HBi7.
HR 348 - NOTICE OF INTRODUCTION
Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi348, suspending the limitations on the conferees for HBi28.
(Y. Davis, Dutton, and Talton now present)
HB 3 - (consideration continued)
REMARKS BY REPRESENTATIVE HOMER
Thank you, Mr. Speaker, members, I won't take much of your time. I know we'd all rather be home than here dealing with this, but I feel compelled to come and let you know what we are fixing to do.
Currently, Texas Democrats serve in the ranking members in 14 congressional committees and subcommittees in the U.S. House of Representatives. If this map is passed, Texas will lose some very powerful leadership in Washington. This experience and clout that we have will vanish. And let me just give you some examples. In the House Committee on Agriculture, the full committee, Charlie Stenholm, the ranking member––that designation would go to a member from Minnesota. The House Committee on Appropriations, Subcommittee on Military Construction, the ranking member, Chet Edwards––that position would go to a member from California. Under the Rules Committee, ranking member on the full committee is Martin Frost––that seat would go to someone from New York. The House Committee on Science, the full committee, ranking member Ralph Hall, would end up in Tennessee. Energy Subcommittee, Nick Lampson is the ranking member––that would go to
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You know members, when I was elected, I was under the belief that I was to come here to do good things for Texas, something positive for Texas. And this shouldn't be about what party a person holds when they are representing us in Washington. It's about the position and what they can do for us. And I think it's a shame that we are about to eliminate these positions. Thank you and I urge you to vote no.
REMARKS BY REPRESENTATIVE MCREYNOLDS
Thank you, Mr. Speaker and members. All of us were elected from our little parts of the world by our constituents and to a large extent that makes all politics local. That having been said, the map that is before us radically alters the face of East Texas.
If you wonder where State Farm Road 1 is, just come over to East Texas, we're the ancient part of the state, and if you look at the early governors and the early power in Texas politics it came from East Texas. I currently have four counties and I am served well by former house member and Texas Senate member, now U.S. Congressman Jim Turner from Crockett. Jim's serving in Congressional District 2. Well, let me tell you on this map, what happens to Congressional District 2. Part of it goes off to Dallas––320,000 votes in Dallas, Texas, representing the interests of rural East Texas. 420,000 votes in Tarrant County would be Congressional District 6, part of Mr. Turner's district. About 300,000 people in Montgomery now will dominate in Congressional District 8, part of Jim Turner's district. Part of it's going to be dominated by Tyler, and part goes to downtown Houston. If you're in Tarrant County or you're in Dallas County, or for that matter Montgomery, or for that matter Houston, you're dependent on things like interstate highways. And in East Texas, most of us are backroads people, we're farmer market people. We totally lose our communities of interest.
And I told y'all that politics are local. Let me tell y'all how local they are for me. Nick Lampson down in Beaumont, his wife was my high school sweetheart. I've known him all my life. Max Sandlin, whose going to be put in an Anglo dominated district up in Tyler. He loses about 65 percent of his constituents in that trade. He was county court at law at George and Marshall and I've known him for 20 years and he's helped me in oil and gas many, many, many times in finding people that I need to work with. I've known Turner so many years. The four U.S. Congressmen that we have in East Texas will no longer represent East Texas, but who will dominate East Texas are the big suburbs and the metroplexes.
One of the best books that I've ever read and I recommend it to you was John Graves' book, Goodbye to a River. What this map says is goodbye to rural East Texas. And you know I love rural East Texas. I love her lakes. I love her trees. I love her people. We need economic development––the backbone of East Texas is the pine thicket. It supplies our jobs. And you know, I take three of my
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I look up in Northeast Texas and watch her go off into Plano, and you know I just don't like this. And I sure like the Plano people here in this legislature. So you can imagine how I feel about this map and how I feel, and I think I'm echoing the people who sent me here and the people north of me and the people south of me––matter of a fact the people from Texarkana to the Gulf Coast. And that's why I'm voting no, because I think she's wrong. And this is not a partisan thing because there's going to be East Texans, both Democrat and Republican, who are going to feel exactly the same way I feel and will vote the same way I feel on this. Thank you very much for this opportunity.
REMARKS BY REPRESENTATIVE NAISHTAT
Thank you, Mr. Speaker, members. I want to talk a little bit about Austin, and Travis County, and Central Texas. I assume most of you know that this map that we will be voting on splits the state capital of Texas, Austin, into three separate congressional districts. And this, of course, is as a result of what I would characterize as illegal, retrogressive changes in South Texas.
Under this map, 1374C or Charlie, Austin may no longer be represented in Congress by a Travis County resident although Travis County has well over 800,000 people living in this area. Congressional District 10, the district of Lyndon B. Johnson and Jake Pickle, will now run east to include a number of submerged rural counties––I think six rural counties and 235,000 residents of the suburbs in Houston, in western Harris County who would likely control the Republican primary and the election of the new member to Congress. Congressional District 25 runs south to include 247,000 people in Hildago County on the border––splitting the border city of McAllen. Congressional District 21 would run south to include 261,00 people in San Antonio, Texas. Under this redistricting plan, a person standing in the capitol rotunda would be in Congressional District 21, could walk a few blocks to the east and be in Congressional District 25, or could walk a few blocks to the west and be in Congressional District 10. The state capitol of Texas and The University of Texas at Austin are placed in San Antonio's Congressional District 21. This would be the cultural equivalent of placing the Alamo in an Austin congressional district. African American voters in Austin and Travis County are split between Congressional Districts 10 and 25, and Hispanic voters in Austin and Travis County are split in Congressional Districts 25 and 21. One might say that this new map takes the concept of Austin bashing to unprecedented heights.
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I'd like to quote from the Austin-American Statesman, from a couple of editorials: "As the state Republican leadership blindly follows a misguided course set by Tom DeLay that has trampled established principles of redistricting and in the process the rights of Texas voters. To accomplish their political goals, Travis County would be split into three districts with one that reaches to the Texas-Mexico border. That lumps together communities with dissimilar interests. Governor Perry's comments, very recent comments, that Travis County residents should be pleased to be represented by three members of Congress is political bilge. He wouldn't stand for this vivisection if Austin's tenth district had a Republican congressman. Texans, Central Texans in particular, are the losers in this long-running farce of political gerrymandering. They paid for a divisive, unnecessary, and expensive exercise in partisan power all aimed at undoing by directive what Republicans failed to accomplish at the ballot box. This new use of redistricting will be challenged and should be defeated in the courts. Thank you.
REPRESENTATIVE KEEL: Mr. Speaker, would the gentleman yield?
MR. SPEAKER: Mr. Naishtat, would you yield to Mr. Keel? The gentleman yields.
KEEL: Representative Naishtat, I appreciate your remarks. You know I represent an area of Austin and Travis County that for our entire adult lifetime we have been represented by someone who has been anchored on the Texas Gulf Coast and more recently in San Antonio, and that came as a result of Democrat imposed redistricting and we are living under a plan right now where the courts left largely in place in 1991 Democrat gerrymandering redistricting that puts my constituents in a San Antonio congressional district. What is the community of interest that we had with surf-side or San Antonio?
NAISHTAT: Well, you may not have a community of interest in that particular map, which was approved as you know by the Justice Department and the Supreme Court of the United States.
KEEL: Which takes me to my question to you, Representative Naishtat, where was the indignation from you or from the Austin-American Statesman or from anyone else when all of my constituents for the last 20 years had a congressman from the Texas Gulf Coast––why was it okay to do that for the western side of the tracks in Travis County, but now that it is going to happen to the eastern side of the tracks, suddenly terms like community splitting communities and all this are being brought up, but I never heard a word of this, and my constituents have been living with it for decades?
NAISHTAT: Terry, may I answer your question?
KEEL: Yes, please do.
NAISHTAT: Or are you going to make a speech?
KEEL: I'd like an answer to that question because I haven't heard it answered by you or anyone else.
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NAISHTAT: Here's the answer. There was no effort ten years ago to deprive Austin and Travis County of representation in Congress by splitting up this part of the state into three separate congressional districts. That is your answer.
KEEL: Then why did people in Lakeway have a representative on the Texas Gulf Coast, Mr. Naishtat?
NAISHTAT: I'm not saying that we had a perfect map 10 years ago.
KEEL: Then where was your objection to people in Lakeway having a representative down on the Texas Gulf Coast when it was the Republican's whose district was split. Now you're objecting saying this is unfair to the eastern side of the county. Where were your objections when that was done to us on the west side?
NAISHTAT: Terry, I'm not saying we had a perfect plan 10 years ago.
KEEL: Well, has it occurred to you that what is happening now is exactly what you did to us 10 years ago?
NAISHTAT: Not at all. We did not have a perfect plan, but we had a plan that was approved by the Justice Department and by the United States Supreme Court, and the last plan did nothing to decimate Austin and Travis County, did nothing to split us up––to split us up into three congressional districts and I would hope, Terry, that you would be as outraged about this plan in terms of your constituents in Austin and Travis County as I am and as the Austin-American Statesman is.
REPRESENTATIVE BURNAM: Mr. Speaker, would the gentleman yield?
MR. SPEAKER: Mr. Burnam, for what purpose?
BURNAM: I'd like to ask the gentleman a couple of questions?
MR. SPEAKER: Mr. Naishtat, will you yield? The gentleman yields.
BURNAM: Mr. Naishtat, most of us are aware that you are a relatively recent arrival to Texas. Is that not correct in the great scheme of thing?
NAISHTAT: That would be correct, Representative Lon Burnam.
BURNAM: And isn't it also true that most of Mr. Keel's constituents are relatively recent arrivals to Texas?
NAISHTAT: I think that if we were to look at the breakdown of Representative Keel's district, you would find that the answer would be yes. Most are relatively––
BURNAM: Well, then I think a history lesson is appropriate. You may not have been here when I was here, and most of his constituents may not have been here when I was here, but do you recall that the only real Texan that served as President of the United States was Lyndon Johnson and he initiated the Civil Rights programs of the '60s?
NAISHTAT: I believe so.
BURNAM: And do you recall that one particular piece of important legislation that was brought to this nation was the Voting Rights Act?
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NAISHTAT: The Voting Rights Act was one of the most important pieces of Civil Rights legislation presented.
BURNAM: And do you think that it's quite likely that 10 years ago the issue of which side of the railroad tracks in Travis County was more about over 150 years of discrimination against African Americans and Hispanics in this state?
NAISHTAT: Absolutely. I agree with you.
BURNAM: And don't you feel that maybe one of the priorities, since it is federal law, should still continue to be representation of the not only historically, but the continually discriminated against historical black and hispanic neighborhoods in East Austin?
NAISHTAT: I would certainly hope so.
BURNAM: I appreciate your effort to defend not only those of my family members here. They've managed to divide my in-laws, my parent in-laws, my sister-in-law, and my sister-in-law, who all live within five miles of each other into three congressional districts. Thanks for your efforts.
REMARKS BY REPRESENTATIVE DESHOTEL
Thank you, Mr. Speaker, members. I'm going to be voting no on this map because particularly of what it does to minority opportunity and minority impact districts. The Republicans claim that they are creating a new district for Hispanics and new districts for African Americans in the State of Texas. The truth is that this plan reduces the state-wide total of minority opportunity districts to 10 from the current 11. It's clearly illegal state-wide retrogression of minority voting strength. The plan would eliminate in effect––to solve a Texas Hispanic district––Congressional District 23 in Dallas-Fort Worth, minority opportunity district Congressional District 24, and effectively minority opportunity districts where African Americans determine the outcome of those elections. Changes in South Texas weaken another Hispanic, Congressional District 15 to the extent that there could be fewer than 10 effective minority opportunity districts under this plan, 1371C.
Because there is a state-wide retrogression of the number of the minority opportunity districts in this plan to 11 to 10, there is no legal validity to the Republican argument that can replace an existing minority district seek Congressional District 24 or Congressional District 23 with another congressional district elsewhere in the state. My district, Congressional District 9, has been moved to Houston to replace another district because Congressional District 9 is simply an enhanced version of Congressional District 25, which is one of the existing minority opportunity districts in Houston. What was done in Houston was basically they took Congressional District 25, reduced the number of minorities and created Congressional District 9. So it did not create a new district.
In 2001, the federal court opined that in District 25, currently Chris Bell's district of our plan, the combined African American and Latino voting age population increased to 53.3 percent majority. In the practical world, this percentage would dominate the Democratic primary in a district that has
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And I just want us all to remember that the Supreme Court of the United States is the final auditor of the interpretation of the Constitution and the statutes that Congress passed. The supreme court has ruled that the current map that we are under meets all constitutional requirements: compactness, communities of interest, minority representation. All that has been ruled on the court, and it stands and it makes no sense to have to come through this and go back to the same court that has already said that the map we are under is constitutional. And I urge you, members, to vote no. Thank you.
REMARKS BY REPRESENTATIVE DUKES
Thank you, Mr. Speaker, members. I rise today to speak in opposition to HB 3 and to plan 1374C. I live and have lived in Congressional District 10 and have been represented by Congressman Lloyd Doggett. As you have already heard from my colleague, Representative Naishtat, it is the seat that was formerly held by Lyndon Baines Johnson and by Jack Pickle who for so many years represented Travis County and insured that our voice would be heard in Washington.
With the plan that has been developed, in the east Travis County community and the Travis County community, which I don't think that anyone could argue on this floor because I have heard in so many debates so many times that Travis County in and of itself is a community that is different than any place else. That it is a community of interest that has collectively worked together so much so that there were many bills of Austin bashing to turn away the wheel of this county. But yet, when we look at the plan that is so very different than what I have understood for the five terms that I have been in the house, that is different than the house version of this bill, different than the senate version of this bill, which were both pretty much identical prior to going into conference on what the makeup of what Travis County would be and it comes out of conference with something that is not in either version of the bill and splits the African American and the Hispanic communities of Travis County.
This bill splits the African American community of Travis County between the new District 10 and the new District 25. This bill goes so far as to split the African American community in precincts. It doesn't even follow precinct lines. It cuts it right down the middle, down the heart of African American neighborhoods. For example, in Precinct 138, which is the St. John's community, which happens to be an old slave community, an old slave settlement here in
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The African American voice has been silenced. In this community, LBJ High School, Barbara Jordan Elementary School, great Texans who have stood and fought for this state have been separated by the separation of its school district––just the feeder schools have been separated from one another. We look at District 25, which is a predominant Hispanic community that has been placed in a district as far away as the valley, as far away as Harlingen. A community that obviously has more of an association with the northern portion of Eastern Travis County than with the valley. It's sad that we would even be considering such an option, that the capitol city with greater than 850,000 people within its county borders that could support a 651,619 person congressional district was never given such an opportunity because of the manipulated power grab that was made today in this bill to eliminate the opportunity of people who have common interests of minorities, of African Americans, and Hispanics who live in east Austin, and east Travis County, and Manor, and Pflugerville for having any opportunity to speak in the next election cycle. I think it's a travesty that the State of Texas and the state's government would do something so devastating to a community and eliminate its ability to have any voice in government. It's sad that the only place that government will be valued in eastern Travis County will be in the libraries, the museums, and those who are dead in the state cemetery.
REMARKS BY REPRESENTATIVE LEWIS
Thank you, Mr. Speaker, members. Since we have––when we took up this issue in the regular session there were some––excuse me, in the first called special session there were some issues and comments that I placed in the record, and I think that all that's been put in the record now so, I won't repeat those comments. Those concerns were of a political nature. And since they're all in the record, I'll save time by not repeating them.
I want to address my comments to those of a legal nature. And Representative King, some of these comments are based on assumptions that I have made based on conversations with you, but I did not have the opportunity to ask you questions about those when you were at the mic, so if you will excuse that.
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One of the things––the original bill that came out of here was a bill that split the 24th District in Tarrant County into three different places. That was the original plan that was proposed. That plan was abandoned, and I was told in conversation––I was given to believe that it was abandoned because the lawyers that had been hired to advise the committee had given them the advise that that was one of the least likely plans to pass court muster under the Voting Rights Act. The plans were ranked according to the likelihood of their ability or their likelihood of being approved by the courts. That plan was abandoned because it was ranked near the bottom by the attorney that this body hired to advise us on voting rights issues. I believe, largely as a result of that––it was not in the plan that eventually passed this house. It was not a part of it, nor was it a part of the senate plan, that passed the senate. But when we get into conference committee, this plan, that everybody acknowledges has some serious legal questions about it, resurfaces. And from what I've been able to discern from reading in the newspaper, I––many of those who are pushing the plan now––Chairman King specifically––one has said well, yeah, it probably retrogresses. But we make up for the retrogression in North Texas by creating new minority opportunity districts in South Texas.
Members, I am not an expert in voting rights law. I'll admit. But I have had more than a passing interest as an attorney in reading some voting rights cases. I know of no case where the courts have given their approval to saying that it is okay to retrogress here in this part of the state as long as you make up for it in some other part of the state. That the citizens in North Texas are fine if they have their voting rights diminished because of retrogression as long as you go to some other part of the state and enhance the voting rights of the citizens in South Texas. I am not aware of any court decision where the court has given it's approval to such rationale. Assuming that to be the case, what we are doing then is asking the court to give approval to something that they've never given approval before. In other words, we're asking them to change the law in order to satisfy the wishes of the majority of this body. I don't know about you all but that is an awfully big risk to take.
And I know that there are members of this body who criticize the senate for their desire to ignore the advice of lawyers. There's been a lot of talk in here on how much money we spent on lawyers to advise us and who the lawyers were and all. It seems to me that it doesn't make good common sense––as a lawyer I've dealt with this all the time––you know you pay me an awful lot of money to ignore my advice. And that's fine when you're spending your own money, but we're spending money that belongs to the citizens of the State of Texas. We hired lawyers to advise us on how best to meet the legal requirements of redistricting, and then after giving them the citizens' money we ignore their advice. To me that's the worst thing that we can possibly do. And I know that there is nothing that I am going to say here today that's going to change the vote one way or another and so I don't want to stand here and take up a lot of time. But I think that that needs to be placed in the record that we, here as a legislative body, if we give approval to this plan are doing what we warn citizens against everyday. And that is going out and hiring somebody with expertise to give you
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REMARKS BY REPRESENTATIVE GIDDINGS
Thank you, Mr. Speaker and members. Yesterday I was in District 109, which is the district that I represent, and resident after resident that I came in contact with told me to make sure that the Texas House knows that the residents of District 109 are not in favor of this plan. District 109 is a very diverse area with people of color who are working successfully to find a way to live together, to work together, with respect for one another. And this map does not represent the spirit of cooperation and the kind of Texas that District 109 wants to see. This map is extreme and it represents a Texas House where members have turned on each other without a real sense of fairness. I had hoped we would be able to see the harm that this map does to the future of this state.
The Anglos in the district that I represent for the most part call themselves independent. And yesterday I met with a group of Anglo businesspersons in my district. And they liked the fact that they are independent, and, as they explained to me, all of them in that room told me that they had voted for George W. Bush for president, but that they had also voted for Martin Frost as their congressperson.
Folk of color might not elect to put on their folk of color hat everyday, but in this case they simply have no choice because folks of color dream too. And they want Texas to be Texas to them as well. We do know that an entity that doesn't respect the rights of people of color won't respect anyone else's rights. MLK Jr. and Cesar Chavez did not just affect more freedom and more opportunity for people of color but for all Americans. Someone said that we don't judge societies by how the minority treat the majority, but we judge a society by how the majority treat the minority. Specific to this map, minority voters who do not live in designated minority opportunity districts but live in the seven existing minority influence districts lose any effective political voice. They are submerged into safe Republican districts or packed into already existing minority districts. Plan 1374C eliminates seven current minority influence districts where minority voters currently have the ability to form effective coalitions to elect a responsive member of Congress including District 24. Unfortunately, in Texas, folks of color have become accustomed to going beyond the state to the Department of Justice and federal courts to protect their rights. Some things never change.
REMARKS BY REPRESENTATIVE WISE
Mr. Speaker, members, I stand here in opposition to HB 3 because its devastating effect on South Texas. South Texas minority retrogression dilutes Congressional Districts 15 and 27 in a really bizarre configuration that harms Hispanic communities. Under 1374C proposal, which is here before us, not only does South Texas lose an effective Hispanic opportunity district, which is Congressional District 23, Bonilla, other districts like House District 15 with Ruben Hinojosa and Congressional District 27 with Solomon Ortiz are
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The proposed changes in 1374C would cause a 10 percent reduction in the Congressional District 15 Hispanic population. For example, during the Gore election, Gore received the majority of the vote. However, with these proposed changes in 1374, Al Gore would have only gotten 49.6 percent of the vote in 2000. Obviously, diluting the Democratic vote in that county or in that district––congressional district. This retrogressive effort to create an additional Hispanic opportunity district would violate the racial gerrymandering doctrine in Congressional District 25. Three districts are drawn that stretch almost 400 miles––400 miles from the Rio Grande Valley to Central Texas. Counties are split in a bizarre map that links communities in distant regions of the state making effective representation and participation difficult for Hispanic voters. In South Texas a proposed plan splits Cameron County, the cities of McAllen and Pharr in Hidalgo County. Once again an area of the county that represents a vast majority of voters in that county. It splits the city of Laredo in Webb County and it splits San Patricio County. To the north, the plan alters the Bexar County configuration. It splits Travis County three ways to place Austin Hispanics in the proposed Congressional District 25 and also splits Hays, Bastrop, and Comal in an irregular racial cut that splits the city of New Braunfels Counties.
So members, this is a map that obviously splits communities of interest. Certainly as much as I love the residents of Travis County, the residents of Travis County have absolutely nothing in common with the residents of Hidalgo, Cameron, Starr, Wilson County, or Webb County. Our issues––our border issues are quite, quite different than those of San Patricio County, those of Travis County, those of Comal County, those of Colorado, Lafayette, Lavaca, Dewitt. All this map does is strictly––is a way to have the voices of Hispanics of South Texas diluted and eliminated. Thank you for your time, members.
REMARKS BY REPRESENTATIVE PUENTE
Mr. Speaker, members, I'm not going to change a single mind on this floor and I'm not going to change a single vote. So, what I have to say here is for the press so that they can tell San Antonio what is about to happen to them
San Antonio is going to lose a congressman. It's not going to lose a Democratic congressman; it's going to lose a congressman. That congressman will not come from Webb County. Why? Because of the way these lines were drawn. I represent the south side of San Antonio. Some of us here on the house floor, Carlos Uresti, represent the south side of San Antonio. This has been a traditional working class part of the city––a blue collar part of the city––working families that have always struggled to get out of the representation at the city
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So, those of us in San Antonio in Bexar County, that represent Bexar County, if you're ready to lose a congressman that's going to headquartered out of Webb County, then vote for this plan.
REPRESENTATIVE URESTI: Mr. Speaker?
MR. SPEAKER: Mr. Uresti, for what purpose?
URESTI: Will the gentleman yield for some questions?
MR. SPEAKER: Mr. Puente, would you yield to Mr. Uresti?
PUENTE: I yield.
MR. SPEAKER: The gentleman yields.
URESTI: Thank you, Mr. Speaker. Thank you, Mr. Puente. Mr. Puente, how long have you been able to look at––how much time have you had to review these maps before they were handed in our box yesterday?
PUENTE: Very little.
URESTI: And just so we can make sure we emphasize who the other members of the delegation are from Bexar County, what you are telling us is that the way that they have drawn the Congressional District 28, which is currently being represented by Congressman Rodriguez, it extends, or it will now be––it could be anchored out of Webb County. Is that correct?
PUENTE: Not only could be, it is. If you look at the turnout numbers in Bexar County, it's about 13,000. In Webb County it's 19,000.
URESTI: Now traditionally this seat has been represented by someone from San Antonio, and it started with the late Congressman Frank Tejeda, is that correct?
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PUENTE: That's correct.
URESTI: And Congressman Tejeda passed away about six years ago and so less than seven years later we are now changing a district that was created for Congressman Tejeda. Is that correct?
PUENTE: When he was in the senate, he went from the senate to the U.S. Congress, and he did a very good job of representing. Ciro Rodriguez is doing a very good job representing us, but now there is going to be a big challenge coming out of Laredo. And it's very evident, it's already in the newspaper, it's prime. I think it's a mistake what's going on here.
URESTI: And Representative Puente, are you aware that there were no Hispanic conferees appointed to the house––from the house on HB 3?
PUENTE: There were none.
URESTI: There were none. Not one single Hispanic appointed on this bill, correct?
PUENTE: Correct.
URESTI: Were you conferred with by Representative King or anyone else with regard to this seat being that you are the dean of the delegation from Bexar County, being that your district is included in this district?
PUENTE: No, I was not. I think that they had a single mindset of splitting Webb County so that they could help Henry Bonilla get reelected because he had a very strong challenge in the last race. And when they did that, a casualty of that was the south side Bexar County, including east side Bexar County that Ruth represents.
URESTI: And Representative Puente, how long have you served in this house?
PUENTE: About 14 years.
URESTI: 14 years. You've been here a lot longer than I have, and a lot longer than many, and you're telling me that no one thought it appropriate to confer with one, the dean of the Bexar County delegation, who two, also happens to be Hispanic, and three, whose district lies within Congressional District 28. Is that correct?
PUENTE: No sir, they did not. Nobody did.
URESTI: And this district––if you look at the map it's clear. It looks like a finger that stretches up into Hays County so now Congressional District 28 will extend from Zapata County to Travis County, a distance of 400 miles.
PUENTE: All the way from the Rio Grande River, the Mexican border, all the way to the Travis County border. That is what communities of interest––tell me what communities of interest are. There's about 1,000 of them in there.
URESTI: Thank you, Representative Puente.
REPRESENTATIVE MCCLENDON: Mr. Speaker?
MR. SPEAKER: Ms. McClendon, for what purpose?
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MCCLENDON: Will the gentleman yield?
MR. SPEAKER: Do you yield, Mr. Puente?
PUENTE: I yield.
MR. SPEAKER: The gentleman yields.
MCCLENDON: Mr. Puente, do you recall when the––the present map––the lines that we all been running out of for the last several years? The map that was drawn when the late Congressman Tejeda was serving in the house. There was some discussion throughout San Antonio about communities of interest and keeping those communities of interest together. Do you recall that?
PUENTE: I recall that.
MCCLENDON: And then there was a discussion about the east side because San Antonio––we have the east side as we very well know, and we have the east side. And those two particular parts of town, we consider those as really strong communities of interest. Is that correct?
PUENTE: That is correct.
MCCLENDON: As you look at the present map, and I had it, but Carlos took it away––if you look at Congressman Gonzales's district the way it is drawn now, and Congressman Rodriguez's district the way it is drawn now––you see on the east side of San Antonio where that community has been split right down the middle.
PUENTE: And isn't that the African American community that you represent, Ruth?
MCCLENDON: That is the African American community that I represent, and I guess I can ask you this question because it certainly––I can say yes to the answer when you answer this. Were you at all given an opportunity to have any kind of input on how the 28th Congressional District would be drawn as it relates to the communities of interest that we have all been concerned about?
PUENTE: I think the only one that had true input on this map was Tom DeLay.
MCCLENDON: It's really interesting how we've worked on this map. In fact, it's my intention that there never was an intention of this house or the senate to ever begin this redistricting process when we started here and we were all sworn in in January. Because if we had some other persons we would have been put in other positions. However, as we worked on this in the first session, and the second, and now the third special session, we haven't had the opportunity to have the kind of input that you would expect members to have when they are making such drastic changes to a region or to the state.
PUENTE: And that's what going to happen in this new District 28 is our parts of San Antonio are not going to have as much input into what goes on in Washington. We are marginalized now, and that's what we are trying to prevent. That's why I think Bexar County, all 10 of us need to vote against this map
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MCCLENDON: Exactly. Can you imagine a member who lives in Bexar County could vote to lose a congressperson from Bexar County? Is that something that you can imagine?
PUENTE: I would think that they would have to explain that not just to their district––the people that represent their district, but they are state representatives. They represent this entire state, they represent the entire state of Bexar County. I think that what we have to do is what is good for our entire county. We have to vote in the entire interest of our entire county.
MCCLENDON: Thank you.
REPRESENTATIVE BURNAM: Mr. Speaker?
MR. SPEAKER: Mr. Burnam, for what purpose?
BURNAM: Parliamentary inquiry.
MR. SPEAKER: State your inquiry.
BURNAM: Mr. Speaker, when house rules are silent as to the nuances of a particular procedure, does the house parliamentarian defer to the precedents of the United States Congress for guidance as to the handling of those situations?
MR. SPEAKER: We don't defer to them, we refer to them.
BURNAM: I'm sorry, I couldn't understand you.
MR. SPEAKER: We don't defer to them, we refer to them.
BURNAM: You do not defer to them?
MR. SPEAKER: We'll consider them, but we don't defer to them. We refer to them.
BURNAM: Well, would you consider this, Mr. Speaker, are you aware that congressional precedents provide that when a conference committee is appointed to resolve the differences between the house and senate versions of the bill, that the house agreeing to the conference––in this case HB 3––must first receive and consider the conference committee report before the chamber in which the bill originate?
MR. SPEAKER: We're not aware of that precedent or what the house median is for this process.
BURNAM: Mr. Speaker, are you aware that whether the senate was concluded is consideration of the conference committee report on HB 3?
MR. SPEAKER: The chair is not aware, Mr. Burnam.
BURNAM: Thank you.
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REMARKS BY REPRESENTATIVE RAYMOND
Thank you, Mr. Speaker, members. I rise in opposition to Plan 1374C, the proposal that is being put forth––conference committee report by Mr. King.
South Texas would lose one effective Hispanic opportunity district, which is District 23, the district that I live in, due to an 11 percent dilution of Hispanic voting strength. There's no additional Hispanic district in South Texas because they quote new South Texas CD 25 provides no compensation to the Hispanic voters in CD 23 for its elimination as an effective Hispanic opportunity district. CD 23, which this plan offers––this plan renders ineffective.
CD 23 voting strength is diluted by splitting almost 100,000 people from the districts with Hispanics based in Laredo, the city that I represent, and replacing those voters with Kerr, Kendall, and Bandera Counties, the Hill Country, and Bexar County suburbs. This dilution leaves CD 23 with only 44 percent Spanish surname voter registration and 50.9 Hispanic voting age population, only solidifying CD 23 as an Anglo district.
The current CD 23, which––the current CD 23 was carried by all but two state-wide Democratic candidates in 2002, but the proposed CD 23, plan 1374C, was soundly Republican in every 2002 statewide race. In 2002, Al Gore received only 36.3 percent of the vote in this district. And even Tony Sanchez received only 44 percent in 2002. Webb County is currently the Hispanic base as far as a single individual county in this district. And for the first time in history this map splits Webb County in half, taking half the population and putting it into a district that will now clearly be one that will have very little representation, and put the other half of the county in a different district. So, I rise in strong opposition, and I urge you to vote no.
REMARKS BY REPRESENTATIVE RODRIGUEZ
Thank you, Mr. Speaker, members. I'm here to talk about Travis County, and at the same time talk about my home in the Valley, where I'm originally from. First of all, talking about Travis County, we all know that the maps that we are seeing today––I just saw this map yesterday. I went online and looked at it. But for the residents of Travis County, we weren't sure if we were going to be left alone. The senate map had us in one––basically the way we are now so that we have major representation with Lloyd Doggett, and the house map had us split three ways. So, we didn't' know what to expect. In fact, we had to rely on the Austin-American Statesman for us to get the news. If you weren't in the legislature like I am, you had to rely on the paper to get the news of what was going to happen to you. So, in short, there was no opportunity for anybody to look at these maps really beforehand.
But I want to talk a little bit about––I'm originally from South Texas. I'm originally from McAllen in the Valley. I grew up there and lived there 17 years. I can tell you living in Austin now for the last 12 years that there's a world of difference between Austin and the Rio Grande Valley. The Rio Grande Valley, and the members that are here that are from the Valley––it's a wonderful place.
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I think there's a problem with this map. And this problem angers me, and it upsets me, and offends me as a Mexican American. And I want to explain to you what that is. This map assumes that a Hispanic is a Hispanic is a Hispanic anywhere in the state. It doesn't matter if your from McAllen or Mission or if you're from Austin. If you have a Spanish last name, then by God we're going to draw you in one district because you are the same people. That's wrong. So, it doesn't matter where we Hispanics live in the state. According to Tom DeLay and the other mapmakers, it doesn't matter where we live.
I'm not trying to draw this attention on me, but I can't hear myself think up here. I know that we have at least 88 people who are really giddy about this map, but I'm not and there are a number of people who are not. So, I would appreciate a little bit of just attention.
I was saying that the biggest problem with this map is that it assumes that a Hispanic is a Hispanic is a Hispanic anywhere in this state. And if you have a Spanish last name then you belong in one district. It doesn't matter if you are in Austin, doesn't matter if you are in the Valley, or if you're in Webb County, or if you're in San Antonio. If you're Hispanic, you're Hispanic. It doesn't matter. It doesn't matter to Tom DeLay. It doesn't matter to the mapmakers here. It doesn't matter that the Rio Grande Valley is one of the fastest growing areas in the state. It doesn't matter that Austin, particularly the Hispanic community in Austin, which grew 10 percent, is one of the fastest growing populations in Central Texas. It doesn't matter that we have very different needs in the border region than what we do in Austin. As a matter of a fact, we have a committee that's called the Committee on Border and International Affairs. And the committee is charged with a few things, and included in that is international border area economic development, public health and safety affecting the border––large percentages of populations that consist of immigrants from other nations, probably mainly Mexico, and colonial issues. This is what this committee is charged with. It is so important, in fact, in this state, and there are such special needs in the Valley that we have to have a committee just for––to address the issues of the border region. And this committee makes it evident that the Rio Grande Valley in the border region has special needs and that Austin is not part of that region.
And I just kind of want to address to maybe Chairman King that maybe, just maybe, Hispanics might have a little bit of what we want and how we want to be represented. And I think that the members of this house that are Hispanic––the majority of us, and the Hispanic citizens of this state have said that we want to leave things alone.
And for Travis County members I will say that there is no mandate in Travis County for this map. We have well over 1,000 people in Travis County go to committee and testify against this map, and they were from all over this county. They weren't all from my district or Elliot's district or Dawnna's district. They came from Jack Stick's district. They came from Terry Keel's district, and they
440 78th LEGISLATURE — THIRD CALLED SESSION
Now the argument that has been made is that we will have better representation because we have more people in the Austin area––more representatives representing Austin. I think that's wrong. There's a chance that no one, no one––and I will yield after I am done, Mr. Keel. There's a chance that no one in Austin will be serving in Washington. There's a good chance of that. It's evidence to me that the Hispanics––Latinos in the Valley deserve their representation like they have now, and the people in Austin deserve their representation as well. You cannot say, any member here, say that we are better off by having three representatives in Washington. How is that possible? I guess we should have eight members or 10 members coming up representing Austin.
In short, there's no common interest in suburban Houston and Austin and the Rio Grande Valley and Austin. So, I urge all of you to vote no. Thank you.
REMARKS BY REPRESENTATIVE PEÑA
Mr. Speaker, members, I too rise in opposition to this redistricting bill––HBi3––because I think it also hurts Texas and not just the Valley. Although I appreciate the comments of Representative Rodriguez and Representative Wise who are from my community––who have talked at length about the––about how it cuts up our community. I want to for, a few moments, take a step back and talk about how it hurts Texans in general.
You know, this state has seen a lot of changes. And for people like me, we have come a long way to achieve the successes that we've been able to achieve. It really wasn't until the Voting Rights Act was passed that our numbers began to increase in elected office and in the membership of this house. But unfortunately, although we've made great strides and our numbers have increased, we are about to take a step backwards. And you can't just––you don't have to take my word for it. You can take the word of the Dallas news whose editorial this morning says we didn't think it was possible for Texas Republicans to go backwards, but they have. They talk about how the senate had come up with a fairer plan––that we didn't have to overreach. But this plan, fellow members, overreaches further than it has to. To quote The Dallas Morning News, "This compromise breaks up too many communities of interest" as you've heard from our fellow membership. It goes past what is acceptable and the numbers that are necessary. We didn't have to go this far, but you have.
But most disturbing is the fact that it jeopardizes, as The Dallas Morning News says––it jeopardizes Texas' commitment to minority voters. It is a step backwards, members. This DeLay/GOP plan destroys the voting rights of over 2.1 million Texans. And make no mistake about it, you'll read in the paper tomorrow, I'm sure, how this benefits Hispanics, how it benefits African Americans, how it benefits people. That is false, an outright lie. The number one objective is to eliminate my brothers, my white brothers and sisters in East Texas whose voting records are sympathetic to those of minority interests. The new DeLay plan is the single largest disenfranchisement of minority voters in the United States since the Voting Rights Act was passed in 1965. It eliminates two
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And if you look at the voting records of these individual congressmen, you will see if you compare them to the scorecard of the NAACP and the National Hispanic Leadership Agenda for the 106th and the 107th Congress that their voting percentile was in the 80s––85 for Sandlin, 72 for Turner, 81 for Lampson, 82 for Edwards, Stenholm 60, Frost 90. An average of 82 percent. In contrast, the neighboring GOP members––their voting record is 21 percent for Johnson, 24 percent for Sessions, 21 percent for Brady, 26 percent for Barton, 24 percent for Granger, 21 percent for Smith, 24 percent for Bonilla. That's an average of 24 percent. And the way they vote is consistent with the scorecards of the NAACP and the National Hispanic Leadership Agenda.
Members, this is a step backwards. We didn't have to take this step. We have the ability to say no, we are not going to go this far. At a time when the State of Texas is changing demographically, rather than embrace the change, we have decided to put a wall up and say no, we are not going to go that way. We'll eliminate members who vote sympathetic to your agenda. We'll eliminate any chance for you to advance any further. And make no mistake about it, we fully understand that the Voting Rights Act is at jeopardy. And that the changes that have been suggested here may be an attempt to eliminate the very act that helped us to get to where we are at. This is wrong. To end this, let me just quote what The Dallas Morning News said in their editorial. "Republicans had a chance to produce districts that were fair to Texas and favorable to them. They have chosen to go only with a lighter aim. For the state's sake, the map should go no further." And I agree.
REMARKS BY REPRESENTATIVE COLEMAN
Thank you, Mr. Speaker, members. I want to first, if you don't mind, I want to discuss the new Congressional District 9, as Mr. Deshotel has said, it used to be in Jefferson County and it is now in Harris County. And it has been stated that this is a new "minority" district. New meaning, I believe, additional and there is nothing additional about this district. The existing CD 25 is already a minority opportunity district and to quote the three judge panel in the Balderas case––in that decision that ordered the existing plan. And they say in their decision, "In District 25 of our plan the combined African American and Latino voting age population increased to a 52.3 percent majority. In the practical world, this percentage will dominate the Democratic primary in a district that is consistently––has consistently elected a Democratic congressman. This then, in a real sense, is a minority district produced by our process that enhances the elective prospects of a minority. The Sunny Side community, which is a part of the traditional southern core of the African American 18th Congressional District has shifted into the renumbered new CD 9, which takes in much of the area of the existing 25th Congressional District. This change reduces the black VAP of
442 78th LEGISLATURE — THIRD CALLED SESSION
I guess the only thing that I can say to you about this process other than the technical aspects of it that I have just presented is that this clearly has been a crime. And it is a crime that has been committed on the people of the State of Texas. And it is a crime that has been committed in many ways, but particularly to rural Texas because it literally grabs their representation and puts it in suburban Texas. It's been a crime committed on people of color because it suppresses their votes the same in rural districts as in urban districts. And it is a crime because the rules have been stepped on and trampled here in this house of representatives to achieve this outcome. And it is a crime because we don't do re-redistricting. It is very clear, and has been said over and over again that there is no new minority opportunity districts in this map. But since this is a scene of a crime, I thought that we should have the appropriate indication of a scene of a crime. And so, it would be more appropriate if this building was wrapped in crime scene tape so that people would know that they've just entered into the scene of a crime. Vote no on the conference committee report on HB 3.
REMARKS BY REPRESENTATIVE OLIVO
Mr. Speaker and members, I am strongly opposed to HBi3. Plan 1374C is a blatant partisan gerrymander that guarantees 22 solid Republican districts that were all lost by John Sharp, the leading Democratic vote-getter in the 2002 general election. This plan is the maximum Republican gerrymander accomplished through bizarre configurations, minority retrogression, ripping apart communities in rural Texas, and a number of pairings harmful to Democrats to achieve an excessive overreaching partisan plan. The 1374C plan is not the fair and balanced plan that reflects statewide voting trends, as promised by Senator Staples and Lieutenant Governor Dewhurst, it would give Republicans a lock on 68.75 of Texas' 32 Congressional districts. Far more than the 56-58 percent quota they inappropriately claim. The current plan is fair to both political parties and actually provides a partisan advantage to Republicans in 20 of 32 districts—62.5 percent of the existing districts, but independent ticket-splitting voters in five rural districts have chosen Democrats for Congress.
Redistricting advocates have stated their partisan intent to gerrymander the map to eliminate Democratic members of Congress. The only reason Tom DeLay, Rick Perry, and national Republicans are pressuring the legislature to redraw lines is because they are unwilling or unable to capture districts the old-fashioned way, at the ballot box. The fact that Republican Congressional candidates have only been able to win 15 Congressional races is a product of the
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Let me tell you members, Mr. Speaker, I see this redistricting in terms of congressional districts as one of the greatest segregation plans that I've ever seen. We are clearly regressing in the State of Texas. And let me tell you one more thing, recently, I heard a good priest say that the only way that God can work in this world is when people cooperate. That people have to cooperate to do good things. So that means that the other side, that the only way that evil can thrive is when we cooperate with that. This map is a fraud, it is the greatest blatant attack on democracy in this country. The greatest attack on democracy in this country. And I feel ashamed that we're doing this to the people of the State of Texas. Thank you.
REMARKS BY REPRESENTATIVE NORIEGA
Thank you, Mr. Speaker and members. Members, I'm going to be brief. And I realize that you stand up here and you have some fantasy like in the movie 12 Angry Men that as the process goes forward that some persons will—there will be some—an epiphany will occur, there will be some rationale that might happen, that people will stand up and vote their districts, or stand up as Texans and vote like Texans.
In all due respect to Chairman King, I think Tom DeLay should have laid this map out. There wasn't one ounce of public testimony on the map that we are going to vote on today. On this map, there has not been one ounce of public testimony. And let me tell you something, in Houston, Harris County, Congressional District 29, which is where I live—that district has been increased by minority voting age population doesn't need to happen. Persons there currently vote the person of their choice. The fallacy that an additional African American seat that is being developed in Harris County, that district by court as was already stated, is a minority seat. 18th Congressional District, torn apart—the district of Barbara Jordan, Mickey Leland, Craig Washington, Sheila Jackson Lee.
Most important, what I hope the people of Texas understand of what is going on today, is that we are in the process of undoing an election. This occurs in third world countries, this occurs in other places, but not in the United States of America. And that is what we are involved in today. I stand up here because most of the points that need to be made are probably made. But at the end of the day, I want my six year old son, and my 19 year old son, when they look back on Texas history to know that their father stood up in this chamber and told it like it was. We are at a crossroads in this state, where this chamber has been one of bipartisanship, it has been stated in different articles and by different persons that that was the thing that we most treasured in this environment. I think that is in jeopardy. I think we are placing the issue of bipartisanship in this state in true jeopardy. Which means, who suffers? When we have to deal with the real business of this state. Like, oh excuse me, the school children. Or other issues of people that are not getting there vaccinations and the tax burden of this state that
444 78th LEGISLATURE — THIRD CALLED SESSION
REMARKS BY REPRESENTATIVE MABRY
Thank you, Mr. Speaker. Members, Mr. Noriega mentioned bipartisanship and the president of our United States was once our governor and he championed, or held himself out as the champion of bipartisanship and Speaker Laney was a speaker of bipartisanship. And unfortunately, I think this chamber has fallen a little bit in that regard. Obviously, I have not been around for as long as many of the other members here. But it sunk to a level where one of my potential opponents was allowed to be introduced as the Doctor of the Day this morning. Yes, you all looked up, didn't you? You all looked up. Can you imagine if one of your potential opponents was allowed to come on the floor and be introduced as Doctor of the Day. Is that what this chamber is about? That we are going to allow campaign opponents to come on to this floor of this hallowed capitol and campaign against our fellow members, our colleagues that we have—
REPRESENTATIVE HARTNETT: Mr. Speaker?
MR. SPEAKER: Mr. Hartnett? For what purpose?
HARTNETT: Would the gentleman yield for a question?
MR. SPEAKER: Do you yield, Mr. Mabry?
MABRY: Certainly.
MR. SPEAKER: The gentleman yields.
HARTNETT: Representative, a couple of weeks ago my former opponent, the Secretary of the State of Texas, was introduced on the house floor. Did you have any problems with that?
MABRY: I was unaware that your former opponent was on the house—and yes, I would have had a problem with that, Mr. Hartnett.
HARTNETT: Secretary of the State of Texas, that bothered you that she was on the floor?
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 445
MABRY: I think the secretary of state is your former opponent, Mr. Hartnett, and I think under the rules, the secretary of state is entitled to privileges of the floor. I'm talking about a current person who is running. Would you like your current opponent to be brought on the house floor?
HARTNETT: I'd be happy for any of the many people that I've defeated to be brought on the house floor anytime.
MABRY: I haven't had an opportunity, Mr. Hartnett, but I think you've made my point for me, and I appreciate it. That, ladies and gentlemen, is what I'm talking about. That's the attitude that we have, where Mr. Hartnett feels it's necessary to get on the back mic and talk and ask questions in that vein. And that's a real shame, that's a real shame, that this chamber has sunk to that kind of disrespect and thank you, Mr. Hartnett, for putting an exclamation point on the point that I'm making. Because, you know, my opponent is for redistricting. I'm not. I was elected to represent my constituents, and my constituents don't want redistricting. That's why I got on a bus and went to Ardmore, Oklahoma. Because I knew that redistricting was going to be bad for Central Texas. That I knew that redistricting would break the heart of Central Texas. And you know, it has, it has.
I have in front of me a letter from the mayor of McGregor, a resolution from the city council of Waco, a letter from the mayor of Moody, a letter from the mayor of Lacy-Lakeview, a letter from the mayor of the city of West, a letter from the mayor of the city of Hewitt, a resolution opposing redistricting from the city of Bruceville-Eddy, a resolution from city of Hewitt opposing redistricting, and a resolution from the chamber of commerce of the Greater Waco Chamber of Commerce—all opposing redistricting. We had a hearing at Baylor University conducted by the senate, they were gracious enough to come to our city and hold one of their redistricting hearings. And the overwhelming majority—90, 95 percent—if not more of the people who testified and signed up to testify, testified against redistricting. Not Democrats, there was no packing of the house with Democrats; it was Republicans, it was Independents, it was Democrats. All standing together for their community, because the people in my district understand that they have been sacrificed on the altar of partisanship, not bipartisanship. And communities of interest all over the State of Texas are being trotted up to that altar one by one and slaughtered in front of us so that political partisans can increase their power and satiate their appetite for greed.
This is not good for the State of Texas. We've heard over and over again, the governor, the lieutenant governor, and the other leaders that are pushing this redistricting process say we need a fair map for Texas, but none of them have told us why the current map is unfair. The reason is, because the current map is not only fair to the Republican party, it's more than fair to the Republican party. Twenty of the 32 seats have Republican majorities, 19 of those seats have Republican super-majorities. This is a shame, that we would take our communities, the communities that you represent, that you took an oath to represent, are being slaughtered on this altar of partisan political greed.
446 78th LEGISLATURE — THIRD CALLED SESSION
McLennan County, Bell County, and Coryell County have been the hub of a congressional district for over 100 years. They are being split between three—or, Central Texas that is—is being split between three congressional districts. They currently comprise Congressional District 11, Congressional District 11 is being torn apart and separated and put into three new Congressional districts. A compact community of interest, if you look at the current map under Plan 1151C, you will see that it is a compact community of interest—visually and historically, and politically and economically. We've had Republican representation. We've had Democratic representation. That community of interest shares a desire to protect things like the Lake Waco Watershed. To protect the VA hospital in Waco, Texas, that's serves the surrounding areas that just last Friday a CARES commission visited Waco and held a hearing at which over 2,000 people showed up, all in staunch opposition to the closing of that facility. Enhancing Texas State Technical College Airport where your president flies in when he comes to his ranch in Crawford. These are all the things that go up to make a community of interest. Our football teams play each other on Friday nights. If you go to the cafe in Moody, you're likely to be sitting at a table next to someone from Bell County or Coryell County, not just people from McLennan County. That is what communities of interest are, and that is what we should be trying to preserve. But we decided instead to sacrifice those communities of interest on the altar of partisan political greed.
I've done everything that I can to try to stop this process, including going to Ardmore, Oklahoma. And I feel pretty confident that just about everybody in my district would get on the bus with me and go again if we could stop this.
REMARKS BY REPRESENTATIVE ALONZO
Thank you, Mr. Speaker. I too rise as high as I can to ask that you vote no on HB 3. I ask that you vote no on HB 3 because it completely eliminates one of the two existing minority opportunity districts in Dallas and Tarrant County. Without regard to the legal and moral obligations to provide meaningful representation for the DFW area. Just to carry out a petty partisan effort to diminish the senior member of Congress, Martin Frost. Members, what this bill, HB 3, would do is say to over 1.5 million minority Texans that reside in the Dallas and Fort Worth area is how they would be disenfranchised. This is an illegal act of retrogression that would deny an effective voice in Congressional elections for over four hundred thousand minorities in District 24.
Members, this bill—if you look at the map, previously—Congressional District 24 would combine along Highway 30, the area of Oak Cliff, Grand Prairie, Cockrell Hill, that I represent, going and picking up the area in Fort Worth. What it does, with this map, is slice it up—slices up whatever impact minority votes could have in this district. Instead of having an impact, it slices up the Hispanic voters in the DFW area. And as many as six Congressional Districts—5, 6, 12, 24, 30, and 32—denying an effective voice in the DFW district. Members, this map, they said that by cutting off a congressional Hispanic district in the DFW, you created another district going from Austin to
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Members, what I tried to do in this process and you all see me do it, is say that we want participation from across the state. And if we really wanted to, if we really wanted to set up a Hispanic congressional district, we could have done that. I offered an amendment on this floor that would have allowed to have a Hispanic congressional district that was approximately 55 percent, with 50 percent voter people, that are Hispanic, that could register to vote—50 percent, 50 percent, 50 percent. And what happened? We said no. We said no, when we could have done that. If we really meant to do it, increasing the participation, where we have over 1.2 million Hispanic population in North Texas, and we didn't do it. Members, I rise against HBi3, one, because statistically, morally, legally, it's wrong, wrong, wrong. Two, if we really wanted to create a Hispanic district, we had the opportunity, and we didn't do it. Lastly, I came to this house to represent the working people of the area. What this does, members, is deny, deny the working people in this area to have truly a representative as we've had—as we've had for many years representing our area. This map, the way it slices up the voters in the area that I represent denies that opportunity. Again, I ask you to vote no on HBi3.
REPRESENTATIVE WOLENS: Mr. Speaker?
MR. SPEAKER: Mr. Wolens, for what purpose?
WOLENS: Would the gentleman yield?
MR. SPEAKER: Would you yield, Mr. Alonzo?
ALONZO: Yes, Mr. Speaker, I yield.
MR. SPEAKER: The gentleman yields.
WOLENS: Roberto, you and I represent the same general area of Dallas County, don't we?
ALONZO: Yes, we do.
WOLENS: You mentioned that it slices up our districts, did you not?
ALONZO: Yes I did.
WOLENS: And it reminds me, have you ever eaten at Benihana?
ALONZO: No, but I've seen the commercials.
WOLENS: You know, at Benihana's, they slice and dice very similar to what I see came out of the conference committee. And I want to ask you just a couple of questions about the "Benihana-style" of legislating that we see in the conference committee report on Congressional redistricting. You see the area of northern Oak Cliff, here in the map of Dallas County, that's the yellow area.
ALONZO: Yes, I do.
WOLENS: You'll notice that the northern part of Oak Cliff is at the very bottom of the 32nd Congressional District, don't you?
448 78th LEGISLATURE — THIRD CALLED SESSION
ALONZO: Yes, I do.
WOLENS: Isn't it true, that this configuration for the area of town that you and I represent of Dallas was never, ever, ever, discussed in a public hearing, isn't that true?
ALONZO: That's true, and for any, any, any type of change in our area we have tons and tons of people that came to Dallas and said they didn't want change to redistricting to the maps that were proposed. But this particular map, people never had an opportunity to either say they were for or against. But definitely, overwhelmingly, the people had come in Dallas to say they didn't want any change in redistricting.
WOLENS: And isn't it true that the Congressional redistricting map that we passed on the house floor, once or twice this calendar year, as well as the Congressional plan that was passed in the senate, never contemplated a configuration for a Congressional District in Dallas County that affected Oak Cliff, in any way similar to the map that we're looking at and passing here today, isn't that true?
ALONZO: That's true. And it's also true, Mr. Wolens, that for many, many times as comments and questions were asked of the authors and the proposers, that they did not want to do this because it would be in violation of the Voting Rights Act. And I would submit to you, Mr. Wolens, that the way this map is drawn, it is violation of the Voting Rights Act and I don't think it's going to hold up in court.
WOLENS: In terms of due process, giving people notice of what is being contemplated by government inviting them to testify, and inviting them to give notice, and inviting them to give testimony, sworn testimony, before legislators—isn't it true, that no one ever received any notice for which they could give public testimony about how the map before us today would effect those people that live in Oak Cliff, in the northern part of Oak Cliff, isn't that true?
ALONZO: That is true. That is true and I think it would have been just a fair thing, the right thing to do, and the legal thing to do—to have allowed those people of our areas to come and testify. Because I can tell you, they would have overwhelmingly come and said no to this particular map.
WOLENS: Thank you.
ALONZO: Members, I ask you to vote no on HBi3. Thank you.
REMARKS BY REPRESENTATIVE CASTRO
Thank you, Mr. Speaker, members. There have been two overarching themes, I think, two political reasons that have been stated for pursuing redistricting. The first is that the Texas Congressional delegation doesn't represent the feelings or policies that Texans would support. That the 17 to 15 split doesn't give President Bush the appropriate support from his home state. The other is that there was something inherently unfair in the fact that a federal court essentially rubber stamped the map that we now have, that we will have I
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The other thing, I think that the federal court argument is especially dubious, because our president, a Republican, was put into office by a federal court that was comprised of six Republicans and three Democrats. It seems that what's good for the goose is good for the gander. If the President of the United States is proud to sit in the White House, having been sent there by a federal court, then I think that the Democrats that occupy Congress, now, should not be ashamed to sit there when they ran in districts that were already overwhelmingly Republican. Something of a local note—
REPRESENTATIVE HILDERBRAN: Mr. Speaker?
MR. SPEAKER: Mr. Hilderbran, for what purpose?
HILDERBRAN: Would the gentleman yield for a question?
CASTRO: Sure.
MR. SPEAKER: The gentleman yields, Mr. Hilderbran.
HILDERBRAN: Representative Castro, thank you for yielding. Now just a quick question. You were commenting about the 1960s and Lyndon Baines Johnson—
CASTRO: Sure.
HILDERBRAN: —and obviously a great leader on Civil Rights. We didn't redistrict because the Texas—
CASTRO: They were all Democrats back then.
HILDERBRAN: —they were all Democrats and in fact, it was the Republicans, 85-95 percent of the Republicans in the national Congress voted for Civil Rights and the southern Democrats voted against it, including the Texas ones.
CASTRO: So, then maybe we should've redistricted Democrats out back then. Yeah. Which reminds me, Harvey, that there's another argument that somehow Democrats have been doing this for 30, 40, 50, 60, 100 years. Well, you know, if you know anything about Texas history, that this house and this legislature was not competitive until about 1981. I think when the speaker came in, there were about four or five other Republicans here. So why, at the time, would Democrats be drawing anything thinking about Republicans back then. That just didn't happen, it was not a two party state at the time.
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These have all been dubious arguments under the surface of this entire endeavor. On a local note, I was going to say, because so much of our discussion—I think sometimes we get wrapped up in the fact that we come to Austin and we're part of the legislature. We sometimes forget that the people that are sitting back home in the districts that we represent don't think of us as representatives for Texas, they think of us as representatives for whatever hometown they're in. People in San Antonio, on the west side of San Antonio, don't think of me as a Texas representative, they think of me as a representative for San Antonio. In regard to San Antonio, this map hurts our city. Because I suspect that Robert probably mentioned that it draws one of our congressional seats away from San Antonio and towards Laredo, toward Richard's area. Which hurts San Antonio, which is probably the fastest growing city, major city, in Texas. I guess except for Austin. This entire process has been marred by such incredible politics. I was in Michigan last week and had a chance to talk with both the governor of Michigan, who's a Democrat, and the only Hispanic legislator in Michigan, who's a state senator. And both sides, up there and in other states, think that we are a joke—they think that the fact that it's taken millions of dollars and three special sessions to accomplish this, is a joke. And to be fair, a lot of them think that Democrats going to Oklahoma and New Mexico was also a joke. This whole thing has been a farce. And it's something that I don't think when we look back will be a proud moment in our state's history.
(Hupp in the chair)
REMARKS BY REPRESENTATIVE SOLIS
Thank you, Madam Speaker. My South Texas friends came up here and made some comments about the plan under this house bill, I know you all have heard all the arguments and I'm not going to repeat any of those. But I'd like to make a couple of points. On some of the cities affected within that area, everyone has talked about Cameron County and how it's being split up. I want to talk specifically about how these changes affect us down there in South Texas, specifically Cameron County where they are tearing out some of those areas which include Harlingen, La Feria, Santa Rosa, Palm Valley, Primera, and Combes. Those districts are within my legislative district, and also a neighbor next to Representative Escobar's district. And you have approximately—what this map does, you take out approximately almost 87,000 people from that area. 87,000 people that will not be represented—from someone close to Austin and Bastrop. That's 26 percent of the population of Cameron County. And if you can look at the map, it shows—I think Representative Puente and Representative Uresti were talking earlier about the finger, I call it a sliver. Finger, or sliver, whatever you want to call it down in Bexar County. Well, we got a bigger finger, also, in Cameron County. And you can see under the map, that district now goes from Harlingen and those cities that I mentioned all the way to the Bastrop area.
So again, it goes, the arguments I'd like to make are the same and ditto to those arguments and that is communities of interest and how it divides those communities. Additional to that, how it dilutes minority participation, also minority voting, in that area. And I think it's just—the way it's designed is unfair
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REMARKS BY REPRESENTATIVE DUNNAM
I happened to watch TV yesterday, I don't know if anybody else here did, but the governor of the great State of Texas said, "Thank God, gerrymandering is over in Texas." Well folks, this is the mother of all gerrymanders and here's why: Governor Perry won't admit it, but the dirty little secret of this whole affair is that our existing congressional map, the one we are under right now, is itself a gerrymander for the Republicans. Not drastically, not too unfairly, but it's strongly biased in favor of the GOP. Under the existing lines in Texas, 20 out of 32 congressional districts voted Republican in state elections. 20 of 32 are officially, officially considered Republican-leaning. That's why Governor Perry refused to call a special session two years ago, and that's why the plan wasn't appealed after the court drew the plan. But it came to pass in 2002, that the voters in several of those districts elected Democratic congressmen. Most Americans call that democracy. Tom DeLay calls it unacceptable. It's called democracy, but Tom DeLay could not stand for that. Since the first gerrymander, in 2001 by the court and the Attorney General Cornyn, was not big enough, DeLay ordered the Republican leadership in this state to create even bigger gerrymanders for these districts. He trampled on the voters' wishes, discarded the results of democracy in our elections, and drew up maps that Moses and Jesus couldn't win if they were Democrats. The original gerrymander was not big enough for Tom DeLay so he violated all the rules, our constitution and design; the mother of all gerrymanders, the atrocity that we have before us today. But guess what folks, you don't have to believe Jim Dunnam. And Mr. King wouldn't answer the questions. But we do have the remarks of Mr. Joby Fortson, who is the Republican Representative Joe Barton's legislative director; because he sent an e-mail that says the Rs will pick up six to seven seats now in the State of Texas. He says that this map has a real national impact that should assure that the Republicans keep the map no matter what the national mood. He says, I've studied this map and this is the most aggressive map I've ever seen. Mr. Sandlin, he predicts, a solid state representative will beat Sandlin or Turner in District 1. District 2, this new territory will switch Republican. District 4, of Mr. Hall, this will flip Republican. Mr. Barton, he says, my boss actually was drawn into a district with both Frost and Turner's homes. However, if they would like political suicide, be my guest. District 8, Mr. Brady, Brady keeps staunch Republican Montgomery County as his base north of Houston and goes to chop off the other half of Turner's rural district that is gobbled up by District 1 as well. Lampson, a new minority district—African American district—drawn for Representative Wilson around Houston Hobby. District 10, Doggett, ha ha ha ha ha ha ha ha ha
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REPRESENTATIVE WILSON: Madam Speaker?
CHAIR: Mr. Wilson, for what purpose?
WILSON: Does the gentleman yield?
DUNNAM: Not yet, Mr. Wilson. I'm not through with it.
CHAIR: Not at this time, Mr. Wilson.
DUNNAM: District 17, Stenholm, this is really the one that Chet Edwards will end up running in. Bye Chet, State Rep. Arlene Wohlgemuth come down, you are the next Congressman from Texas. 18, Jackson Lee, as much as we despise her, we cannot draw her out. 19, Neugebauer, once you see the map you will shake your head at this one. 24, Frost, ha ha ha ha ha ha ha ha; not quite as many as Mr. Doggett, hello, Congressman Marchant, a state senator. 28, Ciro Rodriguez, the final stripe district.
School finance is in shambles, we have the largest number of uninsured people in the nation in our state. Half a million children are off of healthcare because of this legislature. 20 million dollars spent, 20 million dollars spent on redistricting, but thank God, thank God, the oil industry is going to get another congressman. Because poor Dick Cheney needs a little help helping out Halliburton. The Austin American Statesman says today, "the Republicans are not shy in saying the map they bring to the legislature today targets white Democrats in Congress." Make no mistake the real target, the real target is rural Texas and minority Texas. Because those white Democrats vote overwhelmingly for minority and rural communities. This is an open racist attempt to eliminate the Anglo face from the Democratic party. The goal, to make the public believe that the Democratic party is not for whites. It is electoral segregation. It is an insidious scheme to polarize and politically segregate our state. It's not just fairness that loses, it's not just minorities who lose because they are being packed into districts. It's not just rural areas who lose because they are split up and divided between the big city suburbs. It's not just millions of white Democrats who lose by being fragmented and divided and placed into travesties of districts that snake from Austin to the Mexico border, from Grandbury to Grimes County. No, all of Texas is the loser. It divides us as a people, it abolishes civility, it disenfranchises millions of Texans who choose to vote in a way that Tom DeLay does not like. It sets up a new and very ugly tradition of political thuggery—
WILSON: Madam Speaker?
DUNNAM: —Expediency, civility. . .
CHAIR: Mr. Wilson, for what purpose?
DUNNAM: —Bipartisanship. . .
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WILSON: Does the gentleman plan on yielding after he makes his treatise?
DUNNAM: Depends on how much time I have, Mr. Wilson. —Civility. . .
CHAIR: Mr. Wilson, he doesn't yield at this time.
WILSON: Thank you, Madam Speaker.
DUNNAM: —Our traditions, fairness, open government, our rules, our constitution, common sense—all sacrificed for Tom DeLay. A man who inarguably has the power of Solomon, but the wisdom of Saul. Members, I think it's impossible to describe the damage that Mr. DeLay and his henchmen are doing in America. We all know their policies on deficit, on deficit and spending America into bankruptcy. And when he should be fixing that problem, he's been walking the halls of our chamber, telling us what to do. But there is a moral deficit as well. There is moral bankruptcy, too, in this map. They are running our country and tearing America apart. And for the sake of all that power of Tom DeLay and the radicals around him, this is a day that will live in shame. Mr.iWilson, I think you made your remarks in this map.
REMARKS BY REPRESENTATIVE URESTI
Thank you, Madam Speaker, members, good afternoon. I rise to speak against HBi3 conference committee report for several reasons, and I'm glad I have your attention this afternoon. Under this proposal, not only does South Texas lose an effective Hispanic opportunity, District 23 by Congressman Bonilla, but also Congressional District 28 by Congressman Ciro Rodriguez is also substantially diluted. Congressional District 28 is an existing Hispanic opportunity district. It loses population in Hidalgo County and in South Texas. It has shifted north to include: Guadalupe County, a bizarre cut of Comal County that splits the city of New Braunfels, and part of Hays County, as well, that extends to suburban growth areas at the Travis County line and the Austin city limits. This proposed change in Congressional District 28 would reduce the Hispanic population by 5.6 percent. This retrogressive effort to create an additional Hispanic opportunity district likely violates the racial gerrymandering doctrine by drawing three districts that stretch almost 400 miles from the Rio Grande Valley to Central Texas. For example, Congressional District 28 links Zapata County and runs all the way to the northern boundaries of Hays County right to Austin city limits splitting counties and linking communities in distant regions of this state making effective representation and participation more difficult for Hispanic voters. Instead of moving forward, we have taken huge steps backwards with this map.
The late Congressman Frank Tejeda used to represent Congressional District 28 and Congressman Ciro Rodriguez does. With the growth of this area in that district, specifically the growth of Hispanics, how can we justify reducing the Hispanic population by over five percent in this district? It just doesn't make sense. I'm curious, since it did that—since it reduced the Hispanic population in District 28—and since there was not one single Hispanic conferee from this
454 78th LEGISLATURE — THIRD CALLED SESSION
REMARKS BY REPRESENTATIVE BURNAM
Madam Speaker, members, I want to take a slightly different tactic here. I want to take the opportunity to thank Tom DeLay and Rick Perry. Courtesy of Tom DeLay and Dick Perry over the last five months we've had the opportunity to squander our personal time and resources. Thanks to Tom DeLay and Rick Perry we have squandered the state's resources. Thanks to Tom DeLay and Rick Perry this map is so greedy and overreaching that it will, even with the Republican controlled courts, probably turn down. And thanks to Tom DeLay and Rick Perry we can point out in the history books 30 and 40 years from now that the fundamentally most racist public policy initiative in the State of Texas since the Civil Rights movement in the 60s was acted on by the first Republican controlled legislature in state history.
On the first day of this session, in commenting to the press why I decided to be the only vote against the speaker, I told the press because the voting record of this speaker and the leadership of the Republicans in this state is one to make Trent Lott proud. And they are reaffirming that assertion again. I also want to thank Phil King, because if it weren't for Phil King's desire to avoid answering questions about the Tom DeLay map, I could have asked Phil King why it was that on the conference committee Juan Hinojosa's name appears nowhere. My constituents are real damn interested to know why Senator Hinojosa's name is not on this conference committee. Because I represent a majority Hispanic district and the only Hispanic on this conference committee was probably not only nowhere to be found on this report, but he was probably never able to find the conference committee. This conference committee functioned much like a floating crap game, an illegal crap game that nobody could catch up with except for Tom DeLay. Yes, Mr. Speaker, it's difficult to be polite when you're being mugged. My constituents and I feel that we are victims of white collar crime today. We're being mugged just as certainly as if we were mugged on the streets at gunpoint. This map, obviously, is going to pass today. But more importantly it will be a day of infamy for the State of Texas and the Republican party. Thank you.
REMARKS BY REPRESENTATIVE HOCHBERG
Thank you, Madam Speaker and members. I guess it never fails, I guess the way I've managed to get a reputation of being reasonable—as I always seem to get scheduled after Lon. And, I love Lon, I love Lon—and he just makes me sound so much more centrist when I come up after my dear friend. I think he says a lot of things that need to be said and he probably has more—he's got a lot more guts than I do. Let me talk about a couple of things that haven't been mentioned and that are technical and then I want to talk about something in general that hasn't been brought up. I'll try not to repeat anything that's already been said because we all have other things to do, I guess.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 455
I love when my rural friends pull out the map and they're able to illustrate things by pointing at counties, you know, but in my part of the state you've got to get out a magnifying glass to see what's going on. And I always—that's kind of where I pay attention, because I don't really understand what the rest of the state looks like all that well. But I try to look at the area that is near where I either represent now or where I used to represent. I have, what I understand is, the densest legislative district in the state now. And some people have drawn—have said it's appropriate that I represent the densest district for reasons you can draw your own punchline for. When I took a look at some areas that used to be in my old legislative district before that was redistricted and I looked at the Texas Medical Center, which is—I don't have to tell anybody—a major economic driver in Houston and has always been represented well by a variety of different members of Congress. And I see that the Texas Medical Center has been bisected into two congressional districts. I've no idea why—particular institutions were pulled out and put into 9, others were put into 7, making it very difficult to represent the entire area or to know who's on first given the way it was drawn. So I thought perhaps it had something to do with population and so I asked Legislative Council how many people were in, what looks like a very large portion of the Medical Center and a number of institutions that were put into Congressional 7. And they told me that five people were carved out of Precinct 540 and put into Congressional 7. Five people. Kind of makes me think that this had nothing to do with evening up district lines. I didn't get a chance to ask Mr. King, I would have loved to—to see if you knew why we pulled five people and a handful of institutions and put them in the one congressional district and left the rest of the institutions, or even pieces of their campuses in the other. I assume somebody wanted that, but it doesn't seem to represent maintaining community of interest. And it clearly could have been avoided if all we were moving was five people. And I know you've got to get them down to one—you've got to be exact—but there's lots of little nibbles around the edges of those two districts where you've also broken precincts. Where it has nothing to do with a—well, there's not a community of interest to be maintained. So, that's a new part of the map, by the way, I don't remember seeing that on anything else, before.
Secondly, as we go around those nibbles, I represent an area called Gulfton. It is a unique area in this state, it is the place where immigrants from all over the world come. It borders the city of Bellaire. The city of Bellaire is clearly a community of interest and has been recognized as such in the plans that we serve under and the plans that the senate serves under. It is a distinct community of interest. Well, in the nibbling process—and you know this isn't like looking at those great big rural counties—you get out the magnifying glass, you'll see that pieces of precincts were nibbled out of Gulfton and put into Bellaire. It makes absolutely no sense at all. What you've essentially done is disenfranchised the people that are in those nibbles, in those parts of precincts, you've moved them into a completely different demographic area. You've moved them into a completely different city in terms of their representation. Although it, admittedly, does come around and grab Houston again on the other side.
456 78th LEGISLATURE — THIRD CALLED SESSION
So those are questions I would have asked the chairman if he had time to be up here, and I know there were a lot of people who wanted to ask questions. I also noticed that as we did on the house plan, as the redistricting board did on the house plan, here we've cut the Jewish community in half again. It seems to me that we can't just—haven't been able to make the case that that's a community of interest, even though it's relatively contiguous. It has contiguity of institutions. We cut them in half and threw them in two different districts. I'm not sure why. I guess, again, somebody wanted the lines in certain places. Those are sort of my technical concerns about a very small piece of the map. But I got to tell you something that occurred to me the other day, when I started connecting the dots about how we function. Too many times during this session I have stood up here and talked to however many people were listening. And then come off the mic and later visited with some of my colleagues in the other party and had them say to me, "Well you know, you made a point, you were right, you're absolutely right, but I couldn't vote with you because I'd been told I couldn't vote with you." And I understand that. I understand that the leadership of a party—part of them getting to power has to do with being able to convince people by any of a number of means. Even threats to get them to vote a certain way. I understand that; our party is not immune to that. That happens. But the liberty that you have as a member of the other party is you can say to somebody who is threatening you, "Alright come do something to me in my district. You've got a problem with the way I'm voting? If you want to carry out your threat, you've got to come to my district and convince voters in my district to vote a different way." And that gives the minority a tremendous amount of immunity and the tremendous ability to speak its mind, even if it can't win the day, as we won't here. But that all changes when the threat is not: I'm going to run somebody against you, but the threat becomes: I'm going to change your district lines. This is the first time that we're changing people's district lines mid-cycle, without a court order, without being told we have to, without being ordered to do so because we had an illegal plan in place. We are saying here whenever we choose to we can change lines. And that means the leadership, on either side, can say whenever we choose to, we can change the lines. That's pretty powerful stuff. It's not just, Mr. Callegari, I'm going to get someone to run against you, you know, and you know that if you were taking care of your district, you're going to win anyway. It's, I'm going to take your district out from under you if you don't vote my way. That's a whole different threat. We know about that threat, because those of us who had been here during redistricting years have heard that threat and we're really glad that it only happens once every 10 years. If you set the precedent of doing it whenever you please, and that's what we're going to do, if you set the precedent of doing it whenever you please then your ability to represent your district—be you in the minority party or the majority party—goes down the drain. I hope that doesn't happen. I hope we're better than that. But I can't frankly assure you that my party is better than that once this happens. And I don't know that anybody else can. Thank you for listening and I hope you remember some of it.
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REMARKS BY REPRESENTATIVE Y. DAVIS
Madam Speaker and members, I'm only going to take a moment, because as you know, you probably know I'm opposed to this bill and this map. You know the residents of District 111, they're opposed to this map. They've indicated—public hearings and community meetings—they didn't want redistricting done. And in fact, you've heard from the people of Texas in the many hearings we've had that they thought that redistricting was inappropriate. So I won't belabor the point with regard to why this is something we ought not be doing. I would just like to appeal to you in two points. One is, as representatives of your district, I hope that you will really decide and vote based on what you think is right for the people of Texas and the folks you represent. And while I know that's a foreign thing this session, I would ask all of you to take just a minute and reflect and see if you are in fact representing the interests of the people that you represent. Because surely this map has been hacked and packed like none others before. When we talk about hacking districts, then we've lost all sense of communities of interest. In this process, government works with people working together. And when you take those communities of interest apart and separate them it makes it impossible to build coalitions and look at issues from a global standpoint or state or regional standpoint, to make a difference for the people you represent. So if you've hacked up that—this map hacks up that district so that that's lost and then you've packed these districts so that minorities would have less influence in other districts. And whether we like it or not we would be much stronger districts in a state when we start respecting each other from each perspective—Democratic or Republican. But also, there are various ethnicities in our districts and so, now that you're packing us all in these various districts, it makes it almost impossible for us to grow together and learn to work together because we're eliminating the need to work together. So, as we look at this map—it's hacked and packed—I just ask you to think about, does it make sense for your district? And does it make sense for the State of Texas? And then I hope you'll make that decision to vote based on what is good for Texas. You know, I've heard many members come up and tell me we hope the courts fix it, or don't you think the courts will fix it? I just don't understand why members who have been elected to lead fail to do what they've been entrusted to do and that's lead and do and represent their district in a manner which is representative of a leader and not a follower. So I'm going to vote no for this as you can well imagine and I just ask for you to think about whether it makes sense for you to represent your district or not. Thank you.
REMARKS BY REPRESENTATIVE WILSON
Thank you, Madam Speaker. I hadn't planned on addressing the body on this issue until my name was called out in the remarks of another member. I don't have any personal crime scene tape to share with you this morning. I didn't come to you wringing my hands or gnashing my teeth. I'm here because—basically because Mr. Dunnam would not afford me the common courtesy in this body of answering a couple of questions. Since he mentioned my name in conjunction of the creation of a 9th District in Houston. He implied
458 78th LEGISLATURE — THIRD CALLED SESSION
Now I want to discuss with you fairly briefly the reason that I think we're here. There have been a lot of folks that have stood up before you throughout this discourse and said that they are in fact the saviours, the protectors, of minority folks in this state. And it is the first time they have ever stood on the microphone and made that statement, I can assure you. And more than likely it will be the last. But what has happened in this state over the last 30 years is if you take 10 African Americans in Texas, of voting age population, and ask them what their party affiliation is, they will tell you it is the Democratic party. If you take 10 Hispanics in Texas, who are voting age—of voting age, and ask them what their affiliation is, as far as electoral politics is concerned, they will tell you it's the Democratic party. 30 years ago, if you took 10 Anglo Texans, of voting age population, and asked them what their political party affiliation was, they would have told you Democratic party. Flash forward to 2003. If you asked those same 10 Anglo Democrats, or Anglo voting age populations, what their party affiliation is, they now will tell you—seven to seven and a half of the 10 will now say, it's the Republican party. I'm here to tell you, that is not my fault. And if I was running as an Anglo Democrat, it would cause me great consternation and great concern. Because it would be very difficult to win a seat that was a minority—I mean majority Anglo seat when seven and a half to seven out of every 10 Anglo voters is going to vote Republican. At the same time, that doesn't mean that my community ought to be butchered and slaughtered and cut up to save that individual. I've sat at my desk, for a couple sessions, and watched this happen. This time—it's time out. I was here when Eddie Bernice Johnson came back after redistricting in, I believe, 1981. And the courts said that they were going to cut up Dallas, the Dallas African American community into two different congressional districts. And the folks in the Dallas African American community were plenty upset about it. She came back, she didn't believe in influence districts or as I affectionately refer to them as begging and pleading districts. She believed that the entire African American community in Dallas ought to be as one. And throughout the redistricting process she effected that change and went to Congress. In the 9th Congressional District, in my part of town, the district was 24 percent African American voting age population. What's done now in the current map is it has been increased from 24 percent VAP to 36 percent VAP. Where do those African Americans come from? Did they come from Dallas or Plainview? No. They came from Tom DeLay's district. And that's what I thought I heard some folks up here saying, oh, you know, minorities are being put off into these Republican districts and they're being hurt and stuff. Well, this is one instance where the African American community in
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I have said that it is time for us bring those communities of interest together, because they are in fact communities of interest. The plan that is reflected in those two seats—the 18th Congressional District, which currently is being held by Sheila Jackson Lee, which started out by being held by Barbara Jordan, to Mickey Leland, to Craig Washington, now to her—basically is the same. And the new district, the 9th District—if you look at the transcripts from the three judge panel's consideration of the last congressional plan that was drawn by the Legislative Redistricting Board, you will see that none other than the NAACP legal team fostered this very plan to the court. And said it can be done, you should draw it, it is a good thing. So to come now and say there is some chicanery, or a mysticism, or electoral segregation—I don't know how you can have electoral segregation if you only have 30 percent of a district that's African American, another 30 some odd that's Hispanic, the remaining Anglo—I don't know how that's segregation, I haven't seen that. I'll show you segregation, you want to look at the public school system in this state—that's real segregation. And some of the same folks up here screaming about, and hollering about segregation and chicanery ought to start trying to address those issues. Some of these same folks who purport to want to represent minorities, save minorities, I want to see them when we start talking about social service issues, and criminal justice reform, and utility rate reform—haven't seen it in the past and I'm sure—
(Speaker in the chair)
REPRESENTATIVE NORIEGA: Mr. Speaker?
WILSON: —As we roll along, we won't see them in the future—
NORIEGA: Will the gentleman yield?
MR. SPEAKER: Mr. Wilson, will you yield?
WILSON: I'll be happy to yield.
MR. SPEAKER: The gentleman yields, Mr. Noriega.
NORIEGA: Thank you, Mr. Wilson. I was listening to your remarks as it applied to the NAACP in particular, because I had the chance to meet with the state president of the NAACP, Mr. Bledsoe, last week. And as it applies to this particular map—is he in favor of this map?
WILSON: No, he is not in favor of the entire map, no he's not.
NORIEGA: Okay—
WILSON: But what he's in favor of, is the creation of two African American seats in Houston—
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NORIEGA: Now, let me ask—
WILSON: —No, no, wait a minute, you made a statement, let me—
NORIEGA: —You answered the question, though—
WILSON: — No, I have not finished the answer—
NORIEGA: —I understood your first answer.
WILSON: Well I'd like to finish answering—
NORIEGA: I'd like to ask another question—
WILSON: —Mr. Bledsoe is in favor of the plan that it is in this map, they offered the same—he and Morris Overstreet offered the same plan for the federal court to consider.
NORIEGA: Okay. Now you mentioned—you talked a lot about the 18th Congressional District, which is currently represented by Congresswoman Sheila Jackson Lee—is she in favor of what you're now proposing as it applies to Harris County?
WILSON: I don't know. I don't know why she would—
NORIEGA: —Has she communicated that to you? I'm just curious.
WILSON: She hasn't told me she's—
NORIEGA: Well, because it affects her district.
WILSON: Am I going to get to finish the question? Or are you going to go ahead and ask the question and answer it yourself? If so, I can leave—
NORIEGA: Well, I'm going to—
WILSON: —If you're going to be—
NORIEGA: —Well I'm sure you would want to leave that out, because it would be an embarrassment after having supported this particular map—
WILSON: Now you—what?
NORIEGA: —NAACP and what they're saying—
WILSON: Look, you know, I can show the language, but I can't help you read it.
NORIEGA: Okay, let me ask you this language then. Let me ask you—
WILSON: —And to answer the question—
NORIEGA: —A particular—
WILSON: —I cannot see how—
NORIEGA: Mr. Speaker, am I going to be able to ask questions from the back mic?
WILSON: —I can't see how Sheila Jackson Lee would stand in front of you and say she's not in favor of the creation of another African American seat in Houston. I haven't seen her say that. I don't have a letter to that effect, do you?
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 461
NORIEGA: Mr. Wilson, let me ask you as it applies to—because I understand that you are in favor of the creation, or the packing, of the particular district but—
WILSON: —How is that packing?
NORIEGA: Would you disagree, are you saying that you disagree with the Balderas case that says currently the 25th District, in a real sense, is a minority district produced by our process that enhances the elective prospects of a minority. Do you—are you saying that the Balderas case is wrong? Is that your position?
WILSON: I'm saying it's not packing. I'm saying the district that Gene Green has right now, if you want to talk about packing, that's some packing going on—
NORIEGA: Ron, we're not talking about that, I'm asking about—are you saying that you are, that you do not agree—you're saying that you do not agree with the Balderas case?
MR. SPEAKER: Ms. Harper-Brown raises a point of order, the gentleman's time has expired. The point of order is well taken and sustained.
REMARKS BY REPRESENTATIVE GALLEGO
Thank you, Mr. Speaker. Members, I would very briefly like to read a letter that was received—I got it from a member of the senate, it was received in his office, it's a letter from a county clerk in the Panhandle of Texas. The Panhandle is not exactly a bastion of liberalism. It's part of the state that, like all of West Texas, the part that I hail from, is fairly conservative.
"Senators, we appreciate your efforts to resolve the redistricting situation. However, it seems that it has become an ever increasing political and economic problem. As you know, redistricting was accomplished according to constitutional guidelines by the federal district court following the regular session in 2001. It seems further that the current controversy is resulting in moving the agenda away from issues of far more importance such as education, public health, just to name two. Also, the recriminations and the hard feelings engendered by this controversy promise to hinder the legislature in dealing with those issues in the future. Most Texans do not feel that redistricting is so important as to cause the legislature to slight other issues. In fact, most Texans are opposed to the whole process. We, in West Texas, especially in Yoakum County, are satisfied with the current congressional districts and feel that because of the problems discussed above, the overall process is doing far more harm than good. Thank you for your attention to this matter." Signed Deborah Rushing, the county clerk in Yoakum County.
Ms. Rushing, I don't think, is alone in her views. Whether you live in Central Texas, or South Texas, or West Texas, this map causes people considerable pause and considerable concern. Remember that when we talk about Hispanic opportunity districts or minority opportunity districts, we don't talk about the elected official. We talk about the individuals who are voters and their opportunity to act and their opportunity to influence an election. Minority voters who don't live in designated minority opportunity districts in this map, but live in the seven existing minority influence districts, they lose an effective
462 78th LEGISLATURE — THIRD CALLED SESSION
The most obvious examples in this plan is found in the way that current Congressional District 9 is separated into two districts, 2 and 4. 9, which is currently represented by Nick Lampson, is an effective minority impact coalition district with 21 percent, 22 percent close African American population and 34 percent, 36 percent minority population. That's a community of interest. And Representative Lampson, Congressman Lampson, looks consistently in support of issues for the Hispanic and the African American communities. There are several other examples, Congressional District 11, represented by Congressman Chet Edwards, has been renumbered, I believe, as 17.
The reality is that this map is somewhat of a great artistic rendering in terms of colors. But, it's necessarily very artistic when it comes to putting communities of interest together. East Texas, rural and urban, West Texas, South Texas—many of these long held values of communities of interest, communities that have been together for years, and years, and years are ripped asunder by a new map. I look forward to the day when we can move to other issues, and I look forward to the day that we can work on other things. But I have to say that, in passing this map, which we'll finally do today, we do it at what price, and at what precedent for this body, and for the legislature as a whole, and for Texas, our home state that we love. Thank you Mr. Speaker.
REMARKS BY REPRESENTATIVE KING
Thank you Mr. Speaker, members. I wanted to just address a couple of different points that had come up today. Mr. Dunnam had mentioned that Grandbury, in Hood County would now be 200 miles. I think he estimated from the furthest point in District 17, which was Grimes County. That's an improvement over the current map where in Hood County it's in a district that runs almost to the New Mexico border. So that 200 mile difference is a substantial improvement over the current map.
There have been a lot of comments on Travis County being split three ways. Frankly, that's a—a great deal of that is just a factor of the math. We are going to draw 32 districts, all of 651,000 people in Texas, you have to dip into the metropolitan areas, and Travis County is a substantial size county and its virtually impossible not to split it three ways without negatively affecting other parts of the state. Tarrant County, for example, is split four ways. Dallas County is split five ways. Harris is more. With the exception of El Paso, which, because of its configuration in the corner of the state, can't be split. Travis would be the largest county with only two splits if it remained the way it was. So they are certainly not out of the ordinary with regard to other metropolitan counties.
District 25, the new Hispanic district, there's been a lot of comment about it this morning and you know, frankly, if you sat through the hearings, you saw that there was a great deal of testimony about the need to add additional representation to South Texas. And, quite frankly, it's very, very difficult to draw a district in South Texas because of the Voting Rights Act and the only way you can do it, is to do it in the manner in which we did, which is to take that narrow
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 463
What brings us to today is the fact that in 2001, the legislature failed to pass any redistricting bills. The LRB ended up creating the Texas House and Texas Senate maps but a three judge, federal panel, by default, drew the map that we conducted the most recent elections under. And there's been discussion today that there was no public testimony or that there was no public hearings on this current map. Well, in effect, there, in actuality, there were hours, and hours, and hours of testimony throughout the state on what this map should look like and how it should be configured. But don't forget that that three judge federal panel conducted no public hearings where they allowed members of the public to come in and testify as to the configuration of the district. And I'll also mention that we're here today as elected officials, each well representing our particular districts' interests. Those federal judges are not accountable to the voters. The federal judges were not elected by the people, whereas, we are. So this is much, much more the appropriate forum, as the constitution requires.
REPRESENTATIVE COLEMAN: Mr. Speaker?
MR. SPEAKER: Mr. Coleman, for what purpose?
COLEMAN: Will the gentleman yield for a quick question?
MR. SPEAKER: Do you yield Mr. King?
KING: Not at this time.
MR. SPEAKER: Not at this time.
KING: Plan 1374C is an effort to dismantle the partisan gerrymandering of 1991. This map will establish balance and fairness to congressional districts by properly reflecting our current voting trends. In 2002, 56.3 percent of Texas voters voted for a Republican for the U.S. House, but, because of the gerrymandering of the current plan, only 47 percent of the seats elected Republicans. Our 31 seat Texas Senate map is, the districts are very analogous to our 32 seat congressional delegation. In the senate map, which was approved by the Department of Justice and later by the courts, the people of Texas elected 61 point, elected 19 of 31 members to the Texas Senate which constitutes 61.3 percent of the elected seats. I think its interesting that this federal court plan really does perpetuate the 1991 gerrymandering. If you remember back to that plan in 1991, Barone's 1991 Almanac of American Politics called the Texas Plan, "the shrewdest gerrymander of its time,"––the shrewdest gerrymander of its time. When the federal judges drew the current plan, they adopted a least change policy. They directed the attorney general, then John Cornyn, to draw a map that protected incumbents and dropped in the two new congressional seats we were given through the census. In adopting that least change policy, they also adopted the gerrymandering of 1991 considered, "the shrewdest gerrymandering of all time." This map corrects that deficiency, finally.
464 78th LEGISLATURE — THIRD CALLED SESSION
This map had been scrubbed by the attorney generals office and others and I, with all confidence, can tell you that it not only meets the letter of the law with regards to the Voting Rights Act, but it entirely meets the spirit of the Voting Rights Act. And with that I'll yield for questions.
COLEMAN: Thank you very much. Mr. Speaker, will the gentleman yield for a question?
MR. SPEAKER: Mr. King will you yield?
KING: I yield.
MR. SPEAKER: The gentleman yields.
COLEMAN: Mr. King, in 2001, did not 11 Republican senators not want a map to come to the floor of the senate?
KING: I do not know.
COLEMAN: For the congressional maps—
KING: I do not know.
COLEMAN: —Lead by Senator Sibley.
KING: I've been told by Senator Sibley that that did not occur in the fashion that its been reported.
COLEMAN: Okay.
KING: But I wasn't there.
COLEMAN: But, so then you talked about, and I just want to ask, you talked about the idea that this map, the other map went all the way to the supreme court and was found to be a legal map. Is that correct?
KING: Which map are you referring to?
COLEMAN: The map, the current lines, that we're under now.
KING: The three judge, the map that—
COLEMAN: Three judge panel drew the map—
KING: —The three judge panel drawn has been declared a legal map.
COLEMAN: —Based on the fact that the legislature, both the senate and the house, the senate controlled by Republicans, did not pass a map and that that map was certified, was drawn by the three judge panel and certified by the U.S. Supreme Court—
KING: —As legal, it does not address—
COLEMAN: It's a legal map, but I mean its a map. But the attorney general did say that we weren't compelled to draw districts, is that not correct?
KING: That is correct.
COLEMAN: Now, in terms of this particular map, you say its legal but you think that there's, don't believe that there's a problem in the 24th congressional district with the removal of that particular, the splitting of that district?
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 465
KING: No, I don't think there's anything in this map that violates the Voting Rights Act.
COLEMAN: Okay, the last question. Does this map create an additional minority district? In other words, does the number of minority districts increase in this map? Does it? Do we have more minority districts when this is over than we had in the previous map?
KING: Instead of having two, what sometimes are called majority minority districts, you will have one district that will qualify as an African American district and another one that will qualify as Hispanic district.
COLEMAN: But in the net numbers, are there more districts that could elect a member of congress of color?
KING: Yes, in the sense that it is an enhancement of minority voting strength.
COLEMAN: Okay, but let me ask you this then, does Bonilla's district now become not a minority district? The district that he represents now?
KING: No, I would consider it so. It's got over 50% Hispanic voting age population and its consistently elected an Hispanic, so I would consider it an Hispanic district.
COLEMAN: Okay, do you think the courts will consider it as such?
KING: Absolutely.
REMARKS ORDERED PRINTED
Representative Coleman moved to print all closing remarks on the adoption of the conference committee report on HB 3.
The motion prevailed without objection.
A record vote was requested.
The motion to adopt the conference committee report on HB 3 prevailed by (Record 43): 76 Yeas, 58 Nays, 3 Present, not voting.
Yeas — Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Christian; Cook, B.; Corte; Crabb; Crownover; Davis, J.; Dawson; Eissler; Flynn; Gattis; Geren; Goodman; Goolsby; Grusendorf; Haggerty; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laubenberg; Luna; Madden; Marchant; McCall; Mercer; Miller; Mowery; Nixon; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wong; Woolley; Zedler.
Nays — Alonzo; Bailey; Burnam; Canales; Capelo; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Delisi; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Giddings; Guillen; Gutierrez; Hamilton; Hochberg; Hodge; Homer; Hughes; Hunter; Jones, J.; Laney; Lewis; Mabry; McClendon; McReynolds; Menendez; Merritt; Moreno, J.;
466 78th LEGISLATURE — THIRD CALLED SESSION
Present, not voting — Mr. Speaker(C); Chisum; Griggs.
Absent, Excused — Denny; Driver; Elkins; Garza; Hopson; Martinez Fischer; Moreno, P.; Oliveira; Solomons; Thompson; Villarreal.
Absent — Eiland; Turner.
PAIRED VOTES
Griggs (present), who would vote no, with Solomons (absent), who would vote yes.
Chisum (present), who would vote no, with Denny (absent), who would vote yes.
STATEMENT OF VOTE
When Record No. 43 was taken, I was absent because flight arrangements would not allow me to return from family vacation in time for the vote. I had asked to be "paired" under the House Rules but this did not occur. Had I been present I would have vote no.
Eiland
REASONS FOR VOTE
I voted no and agreed to be paired with Burt Solomons who voted yes on HB 3.
I cast a no vote as a protest to the removal of Congresswoman Kay Granger from the congressional area representing Texas legislative District 91. Mrs. Granger was "raised" in Richland Hills and taught school in North Richland Hills; therefore, I felt it was not fair to her to remove her from these voters nor was it appropriate to eliminate her representation from the constituents of District 91.
Griggs
While I have always supported and continue to support congressional redistricting, I must oppose this map because it does not adequately protect my rural district from being dominated by a major metropolitan area. We in Northeast Texas are proud of our rural heritage and our unique community, and I had been optimistic that the conference committee would produce a plan that preserved our rural communities and their strong heritage. But after speaking with several key community leaders in my district, I am convinced that this map is not in the best interests of my rural East Texas constituents, and I must therefore vote no.
Hughes
Because of a prior commitment, I was out of state today. Had I been on the house floor, I would have voted no on HB 3.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 467
HB 3 dilutes the voting power of people of color throughout Texas by packing minorities into a few districts. It divides other minority communities into districts where they will have no possibility of forming coalitions to influence the outcome of congressional races as they do today.
HB 3 further harms the representation of Texans of color by eliminating incumbents with decades of experience and seniority.
HB 3 divides long-standing communities of interest to expressly promote partisan political ends.
HB 3 ignores the testimony, phone calls, and letters of thousands of Texans and scores of editorials in every daily Texas newspaper; the voice of Texans has been nearly unanimous in opposition to re-redistricting.
Adoption of HB 3 also ignored the long-standing rules and traditions of the house, senate, and Constitution.
Thompson
MEMORANDUM BY REPRESENTATIVE COLEMAN
HB 3 Conference Committee Report: Partisan Impact
1374C is a blatant partisan gerrymander that guarantees 22 solid Republican districts that were all lost by John Sharp, the leading Democratic vote getter, in the 2002 general election.
This plan is a maximum Republican gerrymander accomplished through bizarre configurations, minority retrogression, ripping apart communities and rural Texas, and a number of pairings harmful to Democrats to achieve an excessive, overreaching partisan plan.
The 1374C plan is not the "fair and balanced" plan that :"reflects statewide voting trends," as promised by Senator Staples and Lt. Governor Dewhurst. It would give Republicans a lock on 68.75% of Texas' 32 congressional districts, far more than the 56%-58% quota they inappropriately claim.
The current plan is fair to both political parties and actually provides a partisan advantage to Republicans in 20 of 32 districts—62.5% of the existing districts, but independent, ticket-splitting voters in five rural districts have chosen Democrats for Congress.
Redistricting advocates have stated their partisan intent to gerrymander the map to eliminate Democratic members of Congress.
The only reason Tom Delay, Rick Perry, and national Republicans are pressuring the legislature to redraw lines is because they are unwilling or unable to capture districts the old-fashioned way—at the ballot box.
"The fact that Republican congressional candidates have been only able to win 15 congressional races is a product of the campaigns the Republican candidates have run, the performance of Democratic officeholders, and is not based on any political unfairness of the map." (Professor John Alford, Rice University, expert witness for the State of Texas and Governor Rick Perry in the 2001 redistricting trial)
468 78th LEGISLATURE — THIRD CALLED SESSION
Illegal Statewide Minority Retrogression: Conference Committee Report Leaves Only Ten Effective Minority Opportunity Districts Compared to Eleven in the Current Plan
The Republican claim that they are creating a "new" district for Hispanics and a "new" district for African Americans is a typical Republican "big lie" designed to cover up a blatant partisan gerrymander—a power grab demanded by Tom DeLay.
The truth is that Plan 1374C, at best, reduces the statewide total of minority opportunity districts to 10 from the current 11—a clearly illegal statewide retrogression of minority voting strength.
Plan 1371C would eliminate an effective South Texas Hispanic District, CD23 (Bonilla), and a Dallas-Ft. Worth minority opportunity district, CD24 (Frost), an effective minority opportunity district where African Americans determine the outcome of the election.
Changes in South Texas weaken another Hispanic district, CD15 (Hinojosa) to the extent that there could be fewer than 10 effective minority opportunity districts under 1371C.
Because there is a statewide retrogression of the number of minority opportunity districts in Plan 1374C from 11 to 10 districts, there is no legal validity to the Republican argument that they can "replace" an existing minority opportunity district like CD24 (Frost) or CD23 (Bonilla) with another district elsewhere in the state.
CD9 in Houston cannot "replace" another district because CD9 is simply an enhanced version of the existing CD25, which is one of three existing minority opportunity districts in the Houston area.
In 2001, the Federal Court opinion said: "In District 25 (current Bell district) of our plan, the combined African American and Latino voting age population increased to a 52.3% majority. In the practical world, this percentage will dominate the Democratic primary in a district that has consistently elected a Democratic congressman. This is, then, in a real sense, a minority district produced by our process that enhances the elective prospects of a minority..."
A "new" South Texas CD25 cannot "replace" another district because the South Texas configuration in 1374C does not create an additional Hispanic opportunity district due to the dilution of Hispanic voting strength in CD23 which renders it ineffective as an effective Hispanic opportunity district.
DeLay/GOP Plan destroys voting rights of over 2.1 million Minority Texans
The new DeLay/GOP plan would be the single largest disenfranchisement of minority voters in the United States since the Voting Rights Act was passed in 1965. It eliminates two minority opportunity districts (TX-23, TX-24), and eliminates seven minority influence districts (TX-1, TX-2, TX-4, TX-9, TX-10, TX-11, TX-17)—disenfranchising over 2.1 million minority Texans.
Nearly 850,000 minority Texans disenfranchised by eliminating two minority opportunity districts:
TX-23 (Henry Bonilla) 11,446 Blacks and 435,056 Hispanics
TX-24 (Martin Frost) 147,620 Blacks and 247,533 Hispanics
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 469
Total: 841,655 minority Texans (159,066 Blacks and 682,589 Hispanics)
Over 1.3 million minority Texans disenfranchised by eliminating seven minority influence districts:
TX-1 (Max Sandlin) 107,955 Blacks and 48,013 Hispanics
TX-2 (Jim Turner) 92,315 Blacks and 57,568 Hispanics
TX-4 (Ralph Hall) 78,673 Blacks and 61,350 Hispanics
TX- 9 (Nick Lampson) 141,809 Blacks and 93,730 Hispanics
TX-10 (Lloyd Doggett) 77,160 Blacks and 215,302 Hispanics
TX-11 (Chet Edwards) 108,525 Blacks and 106,980 Hispanics
TX-17 (Charlie Stenholm) 27,476 Blacks and 127,509 Hispanics
Total: 1,344,365 minority Texans (633,913 Blacks and 710,452 Hispanics)
These Democratic members are responsive and effective representatives for the minority voters who are critical to their elections, according to scorecards from the NAACP and the National Hispanic Leadership Agenda (106th and 107th Congress).
| NAACP | NationaliHispanic Leadership | |
| Sandlin | 85% | 85% |
| Turner | 72.5% | 79% |
| Hall | 40% | 32% |
| Lampson | 81.5% | 85% |
| Edwards | 82.5% | 82% |
| Stenholm | 60.5% | 60% |
| Frost | 90.5% | 91% |
| Averages for all 17 Dems | 82% | 80% |
In contrast, GOP members in neighboring districts consistently vote against Hispanic and African American communities—demonstrating how the GOP plan harms minority Texans.
| NAACP | NationaliHispanic Leadership | |
| S. Johnson | 21% | 16% |
| Sessions | 24.5% | 16% |
| Brady | 21% | 7% |
| Barton | 26.5% | 16% |
| Granger | 24.5% | 10% |
| Smith | 21% | 7% |
| Bonilla | 24.5% | 16% |
| Averagesiforialli15 GOPers | 24% | 12.5% |
HB 3 Conference Committee Report: Dallas-Ft. Worth Minority Retrogression
Plan 1374C completely eliminates one of the two existing minority opportunity districts in the Dallas and Tarrant counties without regard to the legal and moral obligation to provide meaningful representation for minority citizens of the DFW area—just to carry out a petty, partisan effort to eliminate the senior Texas member of Congress, Martin Frost.
470 78th LEGISLATURE — THIRD CALLED SESSION
Over 1.5 million minority Texans reside in the Dallas and Tarrant counties alone. However, 1374C eliminates CD24, an illegal act of retrogression that would deny an effective voice in congressional elections for over 400,000 minorities who reside in the existing CD24.
In Ft. Worth, the state's third largest African American community—where voters now control the outcome of the election in CD24 (Frost)—is placed in CD26 (Burgess), an Anglo suburban district anchored in Denton Co. that would stretch through Gainesville all the way to the Oklahoma border, denying 86,000 African Americans a voice in any congressional district.
Hispanic voters in the DFW area are cracked into as many as six different districts (5, 6, 12, 24, 30, and 32), denying them an effective voice in any DFW district.
The Dallas Hispanic community in Oak Cliff, Cockrell Hill, and Grand Prairie is split into two heavily Anglo suburban districts (24 and 32 - Sessions), with the core Oak Cliff/Cockrell Hill community linked to the affluent Republican Park Cities area in CD32 (Sessions).
In Dallas, important economic growth areas are removed from the core African American CD30 (Johnson) and Hispanic voters in East Dallas are moved from the current CD5 (Hensarling) to CD30, packing more minority voters into that district.
South Texas Minority Retrogression - CD23 (Bonilla)
Under the 1374C proposal, South Texas would lose one effective Hispanic Opportunity District (23 - Bonilla) due to an 11% dilution of Hispanic voting strength.
There is no additional Hispanic district in South Texas because a "new" South Texas CD25 provides no compensation to the Hispanic voters in CD23 for its elimination as an effective Hispanic opportunity district, CD23, which this plan renders ineffective.
CD23 Hispanic voting strength is diluted by splitting almost 100,000 people from the district's Hispanic base in Laredo and replacing those voters with Kerr, Kendall, and Bandera counties in the Anglo Hill Country and Bexar Co. suburbs.
This dilution leaves CD23 with only 44% Spanish surnamed voter registration and 50.9% Hispanic Voting Age population, only, solidifying CD23 as an Anglo district.
The current CD23 was carried by all but two statewide Democratic candidates in 2002, but the proposed CD23 in Plan 1374C was solidly Republican in every 2002 statewide race. In 2000, Al Gore received only 36.3% of the vote in this district, and even Tony Sanchez received only 44% in 2002.
HB 3 Conference Committee Report: South Texas Minority Retrogression Dilutes CD's 15 and 27 in a Bizarre Configuration that Harms Hispanic Communities
Under the 1374C proposal, not only does South Texas lose an effective Hispanic opportunity district (23 -Bonilla), other districts like CD15 (Hinojosa) and CD27 (Ortiz) are substantially diluted.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 471
CD15, an existing Hispanic opportunity district, could actually be placed at risk as an effective district by shifting it far to the north to include rural areas in Colorado, Fayette, Lavaca, DeWitt and Bastrop counties—along with the inclusion of the Harlingen area, which splits Cameron Co.
The proposed changes in 1374C would cause a 10% reduction in the CD15 Hispanic population, weakening it so that Al Gore got only 49.6% of the vote in 2000.
This retrogressive effort to create an additional Hispanic opportunity district could violate the racial gerrymandering doctrine in CD25 . Three districts are drawn that stretch almost 400 miles from the Rio Grande Valley to Central Texas. Counties are split in a bizarre map that links communities in distant regions of the state, making effective representation and participation difficult for Hispanic voters.
In South Texas, the proposed plan splits Cameron Co., the cities of McAllen and Pharr in Hidalgo Co., the city of Laredo in Webb Co., and San Patricia Co.
To the north, the plan alters the Bexar Co. configuration, splits Travis Co. three ways to place Austin Hispanics in the proposed CD25, and also splits Hays, Bastrop, and Comal (an irregular racial cut that splits the city of New Braunfels) counties.
HB 3 Conference Committee Report: South Texas Minority Retrogression Dilutes CD 28 in a Bizarre Configuration that Harms Hispanic Communities
Under the 1374C proposal, not only does South Texas lose an effective Hispanic opportunity district (23 - Bonilla), CD 28 (Rodriguez) is also substantially diluted.
CD 28, an existing Hispanic opportunity district, loses population in Hidalgo Co. and South Texas. It is shifted north to include Guadalupe Co., a bizarre cut of Comal Co. that splits the City of New Braunfels, and part of Hays Co. that extends to suburban growth areas at the Travis Co. line and Austin city limits.
This proposed change in CD28 would reduce its Hispanic population by 5.6% and reduce Democratic performance to the point that Al Gore received only 51.2% of the vote for President in the proposed district in 2000.
This retrogressive effort to create an additional Hispanic opportunity district would likely violate the racial gerrymandering doctrine by drawing three districts that stretch almost 400 miles from the Rio Grande Valley to Central Texas.
For example, CD28 links Zapata Co. and runs all the way to the northern border of Hays Co., right to the Austin city limits, splitting counties and linking communities in distant regions of the state, making effective representation and participation more difficult for Hispanic voters.
The proposed CD28 plan splits the city of Laredo in Webb Co. The plan alters the Bexar Co., configuration. Comal Co. is split in an irregular racial cut in the city of New Braunfels, and Hays Co. is split.
472 78th LEGISLATURE — THIRD CALLED SESSION
HB 3 Conference Committee Report: Austin Area
The State Capitol city is split into three districts as a result of the illegal retrogressive changes in South Texas and Tom DeLay's blatant partisan gerrymander. Under 1374C, Austin may no longer be represented in Congress by a Travis Co. resident, although Travis Co. has well over 800,000 residents.
CD10, the district of LBJ and Jake Pickle, runs east to include a number of submerged rural counties and 235,000 residents of the suburbs in western Harris Co. who would likely control the Republican primary and the election for Congress.
CD25 runs south to include 247,000 people in Hidalgo County, splitting the border city of McAllen
CD 21 runs south to include 261,000 people in San Antonio.
Under 1374C, a person standing in the Capitol Rotunda, who would be in CD21, could walk a few blocks east and be in CD 25, or walk a few blocks west and be in CD10.
The State Capitol and UT-Austin are placed in San Antonio CD21, the cultural equivalent of placing the Alamo in an Austin district.
African American voters in Austin are split between CD's 10 and 25, and Hispanic voters are split between CD's 25 and 21.
HB 3 Conference Committee Report: Houston Area
The "new" CD9 is not an "additional" minority opportunity district—it is simply a renumbered version of the existing CD25 with an enhanced African American population.
The existing CD25 is already a minority opportunity district. To quote the three judge panel in the Balderas case, in the decision that ordered the existing plan: "In District 25 of our plan, the combined African-American and Latino voting age population increased to a 52.3% majority. In the practical world, this percentage will dominate the Democratic primary in a district that has consistently elected a Democratic congressman. This is, then, in a real sense, a minority district produced by our process that enhances the elective prospects of a minority..."
The Sunnyside community, part of the traditional southern core of the African American 18th District, is shifted to the renumbered "new" CD9, which takes in much of the area in the existing CD25 (Bell). This change reduces the Black VAP of CD18 by almost 2% to 40.3%.
The proposed CD9, with a 36.0% black VAP, includes core voters from the existing CD25, and could possibly be won by the current CD25 incumbent, Chris Bell.
The existing Hispanic opportunity district CD29 is altered in a questionable configuration that could draw a racial gerrymandering complaint. Incumbent Gene Green, is placed in a new suburban CD2 that runs east to Beaumont. However, Green's electoral base remains in CD29 and he would likely move into the district and be re-elected.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 473
In addition to the districts contained wholly in the Houston area, Harris Co. districts stretch outward to run between Houston and Austin (CD10) and Houston and Beaumont (CD2).
HB 3 Conference Committee Report: Waco/Bell Co. Central Texas Area
Despite the testimony of hundreds of local leaders from Waco and the Killeen and Ft. Hood areas of Bell Co., CD 11 (Edwards), which is renumbered CD 17, is split apart, separating Bell, McLennan, and Coryell Counties for the first time in 100 years.
Congressman Edwards' Waco base is placed in a "new" CD 17 runs north-south to include 126,000 residents from suburban Johnson Co. near Ft. Worth and 152,000 residents of the Bryan-College Station area in the south.
These changes would reduce the minority population of the current district, numbered CD 11, by almost 10%, and the African American population by 8.5%.
Ft. Hood which benefits from Edwards' position as ranking member of the Appropriations Subcommittee on Military Construction, would be placed in CD 31, a Williamson Co. district represented by a freshman Republican (Carter).
The southern boundary of CD17 also unnecessarily splits Robertson Co. and Burleson Co.
HB 3 Conference Committee Report: West Texas
Two weeks were spent debating a radical West Texas alteration while the decision to destroy minority districts was not given a second thought.
Abilene is placed in CD 19 with Lubbock, pairing current CD17 incumbent (Stenholm) and a freshman Lubbock Republican (Neugebauer) in a CD19 that runs to the New Mexico border 100 miles northwest of Lubbock and includes only 31% of Stenholm's current district.
The existing CD17 is split apart into five districts (11, 12, 13, 19, and 31) in a "checkerboard" West Texas map designed specifically to eliminate Stenholm, the ranking member of the House Agriculture Committee, a move that places blatant partisan interests above the needs of Texas.
HB 3 Conference Committee Report: East Texas
The rural character of every East Texas district (1, 2, and 4) is altered. Rural counties, that have very important economic concerns related to timber, water, and rural development, are submerged in Anglo suburban districts in Dallas-Ft. Worth, Houston, or the Tyler-Longview area.
Under 1374C, CD1 (Sandlin) would lose 60% of its current population and would be dominated by straight ticket Anglo voters in Tyler-Longview
The existing, traditional East Texas CD2 (Turner) is literally torn apart into five districts, as the "new" CD2 is shifted south to become a district dominated by Harris Co. suburbs that submerge Jefferson Co. minority voters.
The core rural East Texas counties from the existing CD2 would be split among CD 5 (Hensarling), with 320,000 Dallas Co. residents; CD6 (Barton), with 420,000 Tarrant Co. residents, and CD8 (Brady), which is dominated by 293,000 suburban Montgomery Co residents.
474 78th LEGISLATURE — THIRD CALLED SESSION
CD4 would take in numerous Northeast Texas rural counties from the existing CD1 in a district that includes over 102,000 suburban Collin Co. residents.
HB 3 Conference Committee Report: "Minority Influence" Districts and Georgia v. Ashcroft
Minority voters who do not live in "designated" minority opportunity districts, but live in the seven existing minority influence districts, lose any effective political voice. They are submerged into safe, suburban Republican districts or packed into already existing minority districts. Plan 1374C eliminates seven current minority influence districts where minority voters currently have the ability to form effective coalitions to elect a responsive Member of Congress (CD's 1, 2, 4, 9, 10, 11, and 17).
The effectiveness of minority influence is not just determined by the simple %'s of minority voters, but also by the voting patterns of non-minority voters in each district.
The most obvious example in Plan 1374C is found the way the current CD9 is separated into proposed Districts (2 and 14)—a change that has nothing to do with the "new" CD9, which is simply a renumbered CD25 from the current plan.
The current CD9, represented by Rep. Nick Lampson, is an effective minority impact, coalitional district with a 21.8% African American population and a 35.9% minority population that comprises a community of interest along the Upper Coast. Rep. Lampson votes consistently in support of issues important to the Black and Hispanic communities.
Plan 1374C separates African American and Hispanic voters in Jefferson Co., which is 44.4% minority, from Galveston Co., which is 33.5% minority, placing them into separate districts dominated by Houston areas suburbs. Plan 1374C would place Jefferson Co. into a new CD2 that would be dominated by 349,000 Harris Co. suburbanites. Although the combined minority VAP is reduced by 3.5%, the diminished influence of minority voters is much more damaging than that due to the voting behavior of the Anglo voters in the proposed district.
Galveston Co.'s African American and Hispanic population would be split between Ron Paul's CD14—which includes the Brazoria Co. suburbs Victoria—and Tom DeLay's CD22, which is dominated by Houston suburbs in Ft. Bend, Brazoria, and Harris counties.
Another example is found in the changes to the current CD11 (Edwards), which is renumbered CD17. Congressman Edwards enjoys solid support from minority voters and in Congress, he has consistently supported matters of concern to the minority community.
The changes proposed by the "new" CD17 in Plan 1374C, which would replace the current CD11 and reduce the minority population of the current CD11 by almost 10%, and the African American population by 8.5%.
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. 2).
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 475
HR 309 - ADOPTED
(by Heflin)
The following privileged resolution was laid before the house:
HR 309
BE IT RESOLVED by the House of Representatives of the State of Texas, 78th Legislature, 3rd Called Session, 2003, That House Rule 13, Sections 9(a)(3) and (4) and (b)(5), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 24, relating to appropriations to departments and agencies of the state government, including conditions, limitations, rules, and procedures for allocating and expending appropriations, to consider and take action on the following matters:
(1)iiHouse Rule 13, Sections 9(a)(3) and (4) and 9(b)(5), is suspended to permit the committee to make a new appropriation by adding a new Section 3 of the bill to read as follows:
SECTIONi3.ii(a) Except as provided by Subsection (b) of this section, all surcharges collected during the state fiscal biennium beginning September 1, 2003, by the Texas Alcoholic Beverage Commission under Section 5.55(b), Alcoholic Beverage Code, as added by Chapter 101, Acts of the 78th Legislature, Regular Session, 2003, are appropriated to the Texas Alcoholic Beverage Commission for the state fiscal biennium beginning September 1, 2003, for the purpose described by Section 5.55, Alcoholic Beverage Code.
(b)iiThe amount appropriated to the Texas Alcoholic Beverage Commission under this section may not exceed $500,000.
Explanation: It is necessary to make the new appropriation to appropriate for the intended purpose surcharges that will be collected under a law added by the 78th Legislature, Regular Session.
(2)iiHouse Rule 13, Sections 9(a)(3) and (4) and 9(b)(5), is suspended to permit the committee to make new appropriations by adding a new Section 4 of the bill to read as follows:
SECTIONi4.ii(a) All surcharges authorized by Section 134.014(b), Agriculture Code, as added by Chapter 677, Acts of the 78th Legislature, Regular Session, 2003, and collected during the state fiscal biennium beginning September 1, 2003, are appropriated to the Department of Agriculture for the state fiscal biennium beginning September 1, 2003, for the implementation and administration of the Texas shrimp marketing assistance program under Subchapter B, Chapter 47, Agriculture Code. The amount appropriated by this subsection may not exceed $25,000 for each fiscal year of the biennium.
(b)iiAll additional revenue generated by the increase in the amount of certain license fees under Section 77.002(c), Parks and Wildlife Code, as added by HBi2470, Acts of the 78th Legislature, Regular Session, 2003, and collected during the state fiscal biennium beginning September 1, 2003, by the Parks and Wildlife Department is appropriated to the Department of Agriculture for the state fiscal biennium beginning September 1, 2003, for the implementation and
476 78th LEGISLATURE — THIRD CALLED SESSION
(c)iiThe full-time equivalent position limitation established for the Department of Agriculture in Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is increased by two for the state fiscal biennium beginning September 1, 2003.
Explanation: It is necessary to make the new appropriations to appropriate for the intended purpose certain surcharges and license fee revenue that will be collected under laws added by the 78th Legislature, Regular Session.
(3)iiHouse Rule 13, Sections 9(a)(3) and (4) and 9(b)(5), is suspended to permit the committee to make new appropriations by adding a new Section 5 of the bill to read as follows:
SECTIONi5.iiRider 68 following the appropriations to the Department of Health on page II-41, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is amended to read as follows:
68.iiContingency Appropriation for HB 3588. Contingent upon enactment
of HB 3588, or similar legislation relating to the construction, acquisition,
financing, maintenance, management, operation, ownership, and control of
transportation facilities and the progress, improvement, policing, and safety of
transportation in the state, an estimated amount not to exceed $108,000,000
[$59,338,603] in fiscal year 2004 and an estimated amount not to exceed
$161,300,000 [$112,613,914] in fiscal year 2005 in funds deposited in the trauma
facility and emergency medical services account established under the bill are
hereby appropriated to the Department of Health. These funds shall be used to
fund designated trauma facilities, county and regional emergency medical
services, and trauma care systems. Of the funds appropriated from this account,
the Commissioner of Health shall maintain a reserve of $500,000 for
extraordinary emergencies.
Explanation: It is necessary to make the new appropriations to account for the increase, since the regular session, in the amount estimated to be available for trauma care.
(4)iiHouse Rule 13, Sections 9(a)(3) and (4) and 9(b)(5), is suspended to permit the committee to make a new appropriation by adding a new Section 6 of the bill to read as follows:
SECTIONi6.ii(a) In addition to other amounts appropriated to the Department of Licensing and Regulation for the state fiscal biennium beginning September 1, 2003, for the purpose of administering certain provisions of Chapter 816, Acts of the 78th Legislature, Regular Session, 2003, including provisions pertaining to elevator contractor regulation, toll-free customer service lines, and loss damage waiver regulation, the following amounts are appropriated out of the general revenue fund, from fees collected by the department, to the Department of Licensing and Regulation for the purpose of administering the provisions of Chapter 816, Acts of the 78th Legislature, Regular Session, 2003: $208,909 for the state fiscal year beginning September 1, 2003, and $230,172 for the state fiscal year beginning September 1, 2004. The full-time equivalent position
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 477
(b)iiAny increase in state employee benefit costs incurred during the state fiscal biennium beginning September 1, 2003, in connection with the increase in the number of full-time equivalent positions authorized by Subsection (a) of this section shall be paid out of the appropriations made by Subsection (a) of this section and shall be allocated to the appropriate employee benefit appropriation items in accordance with applicable rules of the comptroller.
Explanation: It is necessary to make the new appropriations to account for the increase, since the regular session, in the amount of fees estimated to be collected by the Department of Licensing and Regulation that will be needed to administer provisions of the sunset bill for the department.
HR 309 was adopted without objection.
HB 24 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Heflin submitted the following conference committee report on HBi24 :
Austin, Texas, October 8, 2003
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi24 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| Bivins | Heflin |
| Jackson | B. Brown |
| Staples | Ellis |
| Madla | Driver |
| Averitt | |
| On the part of the senate | On the part of the house |
HB 24, A bill to be entitled An Act relating to appropriations to departments and agencies of the state government, including conditions, limitations, rules, and procedures for allocating and expending appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.ii(a)iiAll fees collected during the state fiscal biennium beginning September 1, 2003, by the Department of Licensing and Regulation or the Commission of Licensing and Regulation under Chapter 1305, Occupations Code, as added by HB 1487, Acts of the 78th Legislature, Regular Session, 2003, or under Section 3, HB 1487, Acts of the 78th Legislature, Regular Session, 2003, are appropriated to the Department of Licensing and Regulation for the purpose of administering Chapter 1305. The full-time equivalent position
478 78th LEGISLATURE — THIRD CALLED SESSION
(b)iiAny increase in state employee benefit costs incurred during the state fiscal biennium beginning September 1, 2003, in connection with administering Chapter 1305, Occupations Code, as added by HB 1487, Acts of the 78th Legislature, Regular Session, 2003, shall be paid out of the appropriations made by Subsection (a) of this section and shall be allocated to the appropriate employee benefit appropriation items in accordance with applicable rules of the comptroller.
(c)iiNone of the appropriations made by Subsection (a) of this section may be expended by the Department of Licensing and Regulation, the Commission of Licensing and Regulation, or the Electrical Safety and Licensing Advisory Board created under Chapter 1305, Occupations Code, as added by HB 1487, Acts of the 78th Legislature, Regular Session, 2003, on regulatory activities under Chapter 1305 or under Section 3, HB 1487, Acts of the 78th Legislature, Regular Session, 2003, that pertain to the installation, maintenance, alteration, or repair of electrical equipment or wiring in or on buildings, devices, pumps, structures, or premises used solely for agricultural uses, including the production or delivery of water used in agriculture. For purposes of this section:
(1)ii"agriculture" and "agricultural use" have the meanings assigned by Section 11.002, Water Code; and
(2)ii"regulatory activities" include licensing, enforcement, and administration of rules adopted under Chapter 1305.
SECTIONi2.ii(a) None of the appropriations made by the 78th Legislature to the Department of Licensing and Regulation or to the Commission of Licensing and Regulation may be expended for regulatory activities under Chapter 1202, Occupations Code, that pertain to a commercial building or structure that is not installed on a permanent foundation and that is either:
(1)iinot open to the public; or
(2)iiless than 1,500 square feet in total area and not used as a school or place of religious worship.
(b)iiIn this section, "regulatory activities" include licensing, enforcement, inspection, and administration of rules adopted under Chapter 1202.
SECTIONi3.ii(a) Except as provided by Subsection (b) of this section, all surcharges collected during the state fiscal biennium beginning September 1, 2003, by the Texas Alcoholic Beverage Commission under Section 5.55(b), Alcoholic Beverage Code, as added by Chapter 101, Acts of the 78th Legislature, Regular Session, 2003, are appropriated to the Texas Alcoholic Beverage Commission for the state fiscal biennium beginning September 1, 2003, for the purpose described by Section 5.55, Alcoholic Beverage Code.
(b)iiThe amount appropriated to the Texas Alcoholic Beverage Commission under this section may not exceed $500,000.
SECTIONi4.ii(a) All surcharges authorized by Section 134.014(b), Agriculture Code, as added by Chapter 677, Acts of the 78th Legislature, Regular Session, 2003, and collected during the state fiscal biennium beginning
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 479
(b)iiAll additional revenue generated by the increase in the amount of certain license fees under Section 77.002(c), Parks and Wildlife Code, as added by HBi2470, Acts of the 78th Legislature, Regular Session, 2003, and collected during the state fiscal biennium beginning September 1, 2003, by the Parks and Wildlife Department is appropriated to the Department of Agriculture for the state fiscal biennium beginning September 1, 2003, for the implementation and administration of the Texas shrimp marketing assistance program under Subchapter B, Chapter 47, Agriculture Code. The amount appropriated by this subsection may not exceed $250,000 for each fiscal year of the biennium.
(c)iiThe full-time equivalent position limitation established for the Department of Agriculture in Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is increased by two for the state fiscal biennium beginning September 1, 2003.
SECTIONi5.iiRider 68 following the appropriations to the Department of Health on page II-41, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is amended to read as follows:
68.iiContingency Appropriation for HB 3588. Contingent upon enactment
of HB 3588, or similar legislation relating to the construction, acquisition,
financing, maintenance, management, operation, ownership, and control of
transportation facilities and the progress, improvement, policing, and safety of
transportation in the state, an estimated amount not to exceed $108,000,000
[$59,338,603] in fiscal year 2004 and an estimated amount not to exceed
$161,300,000 [$112,613,914] in fiscal year 2005 in funds deposited in the trauma
facility and emergency medical services account established under the bill are
hereby appropriated to the Department of Health. These funds shall be used to
fund designated trauma facilities, county and regional emergency medical
services, and trauma care systems. Of the funds appropriated from this account,
the Commissioner of Health shall maintain a reserve of $500,000 for
extraordinary emergencies.
SECTIONi6.ii(a) In addition to other amounts appropriated to the Department of Licensing and Regulation for the state fiscal biennium beginning September 1, 2003, for the purpose of administering certain provisions of Chapter 816, Acts of the 78th Legislature, Regular Session, 2003, including provisions pertaining to elevator contractor regulation, toll-free customer service lines, and loss damage waiver regulation, the following amounts are appropriated out of the general revenue fund, from fees collected by the department, to the Department of Licensing and Regulation for the purpose of administering the provisions of Chapter 816, Acts of the 78th Legislature, Regular Session, 2003: $208,909 for the state fiscal year beginning September 1, 2003, and $230,172 for the state fiscal year beginning September 1, 2004. The full-time equivalent position limitation established for the department in Chapter 1330, Acts of the 78th
480 78th LEGISLATURE — THIRD CALLED SESSION
(b)iiAny increase in state employee benefit costs incurred during the state fiscal biennium beginning September 1, 2003, in connection with the increase in the number of full-time equivalent positions authorized by Subsection (a) of this section shall be paid out of the appropriations made by Subsection (a) of this section and shall be allocated to the appropriate employee benefit appropriation items in accordance with applicable rules of the comptroller.
SECTIONi7.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
Representative Heflin moved to adopt the conference committee report on HBi24.
A record vote was requested.
The motion prevailed by (Record 44): 127 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Canales; Capelo; Casteel; Chavez; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eissler; Ellis; Escobar; Farabee; Farrar; Flynn; Gallego; Gattis; Geren; Giddings; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hill; Hochberg; Hodge; Homer; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Lewis; Luna; Mabry; Madden; Marchant; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Naishtat; Nixon; Olivo; Paxton; Peña; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Stick; Swinford; Talton; Taylor; Telford; Truitt; Uresti; Van Arsdale; West; Wilson; Wise; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Denny; Driver; Elkins; Garza; Hopson; Martinez Fischer; Moreno, P.; Oliveira; Solomons; Thompson; Villarreal.
Absent — Bailey; Burnam; Castro; Coleman; Eiland; Flores; Hilderbran; Laubenberg; Noriega; Phillips; Turner.
The speaker stated that HBi24 was passed subject to the provisions of ArticleiIII, Section 49a of the Texas Constitution.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 481
STATEMENT OF VOTE
When Record No. 44 was taken, I was in the house but away from my desk. I would have voted yes.
Phillips
HB 37 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bonnen called up with senate amendments for consideration at this time,
HB 37, A bill to be entitled An Act relating to contracts and grant programs related to the Texas Emissions Reduction Plan.
On motion of Representative Bonnen, the house concurred in the senate amendments to HB 37 by (Record 45): 122 Yeas, 9 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Deshotel; Dukes; Dunnam; Dutton; Eissler; Ellis; Escobar; Farabee; Flynn; Gallego; Gattis; Geren; Giddings; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Madden; Marchant; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Stick; Swinford; Talton; Taylor; Telford; Truitt; Uresti; Van Arsdale; West; Wilson; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Nays — Burnam; Canales; Farrar; Jones, J.; Mabry; Moreno, J.; Olivo; Peña; Rodriguez.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Denny; Driver; Elkins; Garza; Hopson; Martinez Fischer; Moreno, P.; Oliveira; Solomons; Thompson; Villarreal.
Absent — Edwards; Eiland; Flores; Naishtat; Noriega; Turner; Wise.
STATEMENTS OF VOTE
I was shown voting yes on Record No. 45. I intended to vote no.
Y. Davis
When Record No. 45 was taken, my vote failed to register. I would have voted yes.
Wise
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
482 78th LEGISLATURE — THIRD CALLED SESSION
Amend HBi37 by striking all below the enacting clause and substituting the following:
SECTIONi1.iiSection 2155.451(a), Government Code, as added by Section 19, Chapter 1331, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(a)iiThis section applies only to a contract to be performed, wholly or partly,
in a nonattainment area or in an affected county, as those terms are [that term is]
defined by Section 386.001, Health and Safety Code.
SECTIONi2.iiSection 271.907(b), Local Government Code, as added by Section 20, Chapter 1331, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(b)iiThis section applies only to a contract to be performed, wholly or partly,
in a nonattainment area or in an affected county, as those terms are [that term is]
defined by Section 386.001, Health and Safety Code.
SECTIONi3.iiSections 386.051(a) and (b), Health and Safety Code, are amended to read as follows:
(a)iiThe utility commission, the commission, and the comptroller[, and the
council] shall establish and administer the Texas emissions reduction plan in
accordance with this chapter.
(b)iiUnder the plan, the commission[,] and the comptroller[, and the council]
shall provide grants or other funding for:
(1)iithe diesel emissions reduction incentive program established under Subchapter C, including for infrastructure projects established under that subchapter;
(2)iithe motor vehicle purchase or lease incentive program established under Subchapter D; and
(3)iithe new technology research and development program established under Chapter 387.
SECTIONi4.iiSection 387.001, Health and Safety Code, is amended to read as follows:
Sec.i387.001.iiDEFINITIONS [DEFINITION].iiIn this chapter:
(1)ii"Commission" means the Texas Commission on Environmental Quality.
(2)ii"Program"[, "program"] means the new technology research and
development program.
SECTIONi5.iiSection 387.002(b), Health and Safety Code, as amended by Section 1, Chapter 29, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(b)iiThe Texas Council on Environmental Technology shall work to enhance the entrepreneurial and inventive spirit of Texans to assist in developing solutions to air, water, and waste problems by:
(1)iiidentifying and evaluating new technologies and seeking the approval of the United States Environmental Protection Agency for and facilitating the deployment of those technologies; and
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 483
(2)iiassisting the commission and the United States Environmental
Protection Agency in the process of ensuring credit for new, innovative, and
creative technological advancements[;
[(3) competing for and managing federal grants and funds from other
sources available for carrying out the objectives of the council; and
[(4) entering into public-private partnerships to facilitate development of
environmental technology infrastructure in this state].
SECTIONi6.iiSection 387.003, Health and Safety Code, as amended by Section 2, Chapter 29, and Section 13, Chapter 1331, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
Sec.i387.003.iiNEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. (a) The commission, in consultation with the Texas Council on Environmental Technology, shall establish and administer a new technology research and development program as provided by this chapter.
(b)iiUnder the program, the commission [Texas Council on Environmental
Technology] shall provide grants to be used to support development of
emissions-reducing technologies that may be used for projects eligible for awards
under Chapter 386 and other new technologies that show promise for
commercialization. The primary objective of this chapter is to promote the
development of commercialization technologies that will support projects that
may be funded under Chapter 386 and this chapter, including advanced
technologies such as fuel cells, catalysts, and fuel additives.
[(c) When making a grant under the program, the Texas Council on
Environmental Technology may collect a fee from the grant recipient in an
amount not to exceed five percent of the amount of the grant to be used by the
council only to:
[(1)iimonitor project progress;
[(2)iidisseminate information about project accomplishments;
[(3)iitrack technology deployment into the marketplace; and
[(4)iiprovide estimates of the impact that commercialization of funded
projects will have on the environment.]
SECTIONi7.iiSection 387.004, Health and Safety Code, is amended to read as follows:
Sec.i387.004.iiSOLICITATION OF NEW TECHNOLOGY PROPOSALS.
The commission [Texas Council on Environmental Technology] from time to
time shall issue specific requests for proposals (RFPs) or program opportunity
notices (PONs) for technology projects to be funded under the program.
SECTIONi8.iiSections 387.005(b) and (c), Health and Safety Code, and Section 387.005(f), Health and Safety Code, as added by Section 3, Chapter 29, Acts of the 78th Legislature, Regular Session, 2003, are amended to read as follows:
(b)iiThe commission [Texas Council on Environmental Technology] shall
identify and evaluate and may consider making grants for technology projects
that would allow qualifying fuels to be produced from energy resources in this
state. In considering projects under this subsection, the commission [council]
shall give preference to projects involving otherwise unusable energy resources in
484 78th LEGISLATURE — THIRD CALLED SESSION
(c)iiIn soliciting proposals under Section 387.004 and determining how to
allocate grant money available for projects under this chapter, the commission
[Texas Council on Environmental Technology] shall give special consideration to
advanced technologies and retrofit or add-on projects that provide multiple
benefits by reducing emissions of particulates and other air pollutants.
(f)iiIf a commissioner [member of the Texas Council on Environmental
Technology] is an employee or owner of an entity that applies for a grant under
this chapter, the commissioner [member], before a vote on the grant, shall
disclose the fact of the commissioner's [member's] employment or ownership.
The disclosure must be entered into the minutes of the meeting. The
commissioner [member] may not vote on or otherwise participate in the awarding
of the grant. If the commissioner [member] does not comply with this subsection,
the entity is not eligible for the grant.
SECTIONi9.iiSection 387.006(b), Health and Safety Code, is amended to read as follows:
(b)iiThe commission [Texas Council on Environmental Technology] shall
consider specifically, for each proposed technology project application:
(1)iithe projected potential for reduced emissions of oxides of nitrogen and the cost-effectiveness of the technology once it has been commercialized;
(2)iithe potential for the technology to contribute significantly to air quality goals; and
(3)iithe strength of the commercialization plan.
SECTIONi10.iiSection 387.007, Health and Safety Code, is amended to read as follows:
Sec.i387.007.iiCOST-SHARING. The commission [Texas Council on
Environmental Technology] may require cost-sharing for technology projects
funded under this chapter but may not require repayment of grant money, except
that the commission [council] shall require provisions for recapturing grant
money for noncompliance with grant requirements. Grant money recaptured
under the contract provision shall be deposited in the environmental research
fund and reallocated for other projects under this chapter.
SECTIONi11.iiSection 387.008, Health and Safety Code, as amended by Section 4, Chapter 29, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
Sec.i387.008.iiENVIRONMENTAL RESEARCH FUND.ii(a) The
environmental research fund is an account in the general revenue fund. The fund
consists of [fees collected under Section 387.003(c) and] money from gifts,
grants, or donations to the fund for designated or general use and from any other
source designated by the legislature.
(b)iiMoney in the environmental research fund may be used only by the
commission for operations [the operation] and projects under this chapter [of the
Texas Council on Environmental Technology].
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 485
(c)iiSections 403.095 and 404.071, Government Code, do not apply to the fund. Interest earned on the fund shall be credited to the fund.
SECTIONi12.iiSections 387.009 and 387.010, Health and Safety Code, are amended to read as follows:
Sec.i387.009.iiADVISORY COMMITTEES.iiThe commission [Texas
Council on Environmental Technology] may appoint advisory committees as
necessary or desirable to assist the commission [council] in performing its duties
under this chapter. An advisory committee may include representatives of
industry, environmental groups, consumer groups, local governments, agriculture,
the commission, the General Land Office, and the Railroad Commission of
Texas. Any senator or representative desiring to do so may participate on any
advisory committee appointed under this section. Members of an advisory
committee are not entitled to compensation.
Sec.i387.010.iiREPORTS.ii(a) Not [later than December 1, 2002, and not]
later than December 1 of each even-numbered [subsequent second] year, the
commission [Texas Council on Environmental Technology] shall report to the
legislature on projects funded under the new technology research and
development program, describing the technical objectives and accomplishments
of the project and the progress of the project technology toward
commercialization. Using sound science, the report shall detail the costs and
actual realized benefits of the program and of each project funded under the
program.
(b)iiThe commission shall ensure that all research reports under the program are accessible to the public, including, as practicable, through the commission's Internet website.
SECTIONi13.iiSection 387.002(c), Health and Safety Code, is repealed.
SECTIONi14.iiOn the effective date of this Act:
(1)iiexcept as otherwise provided by Chapter 387, Health and Safety Code, as amended by this Act, the functions of the Texas Council on Environmental Technology are transferred to the Texas Commission on Environmental Quality, including:
(A)iimanaging of grants approved by the council before the effective date of this Act; and
(B)iirequesting proposals for grants, reviewing grant applications, and awarding grant contracts;
(2)iiany contract or other obligation of the council is transferred to the commission; and
(3)iithe property and records of the council and its predecessor agencies are transferred to the commission.
SECTIONi15.iiSection 11.21, Article IX, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is amended to read as follows:
Sec.i11.21.iiAppropriations Limited to Revenue Collections:iiTexas Emissions Reduction Plan.
(a)iiAppropriations made by this section supercede appropriations made by other sections of this Act to the extent of any conflict.
486 78th LEGISLATURE — THIRD CALLED SESSION
(b)iiOut of the Texas Emissions Reduction Plan (TERP) Account No. 5071, the following amounts are appropriated to the Texas Commission on Environmental Quality (TCEQ) for each year of the state fiscal biennium beginning September 1, 2003:
(1)ii87.5 percent of the revenues accruing to the account in each state fiscal year (estimated to be $104,210,750 in fiscal year 2004 and $127,568,875 in fiscal year 2005) to be used for incentive payments for the Diesel Emissions Reduction Program established in Subchapter C, Chapter 386, Health and Safety Code;
(2)ii9.5 percent of the revenues accruing to the account in each state fiscal year (estimated to be $11,314,310 in fiscal year 2004 and $13,850,335 in fiscal year 2005) for the New Technology Research and Development Program established in Chapter 387, Health and Safety Code; and
(3)ii1.5 percent of the revenues accruing to the account in each state fiscal year to be used to cover administrative costs associated with the Diesel Emissions Reduction Program.
(c)iiOf the money appropriated by Subsection (b)(2) of this section:
(1)ii$500,000 shall be deposited to the Clean Air Account No. 151 for use by the Texas Commission on Environmental Quality (TCEQ) to supplement funding for air quality activities in affected counties, as defined by Section 386.001, Health and Safety Code;
(2)iithe Texas Commission on Environmental Quality (TCEQ) may use not more than $250,000 for administrative costs of the New Technology Research and Development Program; and
(3)iinot less than 20 percent of the money shall be allocated for use in each state fiscal year to support research related to air quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas by a nonprofit organization based in Houston as provided by Section 386.252, Health and Safety Code.
(d)iiOf the money appropriated by Subsection (b)(3) of this section, the Texas Commission on Environmental Quality (TCEQ) may use not more than $606,845 in the state fiscal year ending August 31, 2004, for administrative costs associated with the Diesel Emissions Reduction Program and may use not more than $551,540 in the state fiscal year ending August 31, 2005, for administrative costs associated with the Diesel Emissions Reduction Program.
(e)iiOut of the Texas Emissions Reduction Plan (TERP) Account No. 5071, 1.5 percent of revenues accruing to the account in each state fiscal year are appropriated to the Texas Engineering Experiment Station (TEES) for each year of the state fiscal biennium beginning September 1, 2003, to be used for administrative costs associated with the Texas Building and Energy Performance Standards under Chapter 388, Health and Safety Code. The Texas Engineering Experiment Station (TEES) may use not more than $950,421 in the state fiscal year ending August 31,i2004, for administrative costs associated with the Texas Building and Energy Performance Standards and may use not more than $953,616 in the state fiscal year ending August 31, 2005, for administrative costs associated with the Texas Building and Energy Performance Standards.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 487
(f) [Included in the amounts appropriated in this Act are revenues accruing
to the Texas Emissions Reduction Plan (TERP) Account No. 5071 during the
2004-05 biennium (estimated to be $21,402,000 in fiscal year 2004 and
$21,828,000 in fiscal year 2005) to carry out programs of the TERP.
[(b) Allocations of TERP revenues included in this Act are as follows:
[(1) For the Texas Commission on Environmental Quality (TCEQ), 72
percent of TERP revenues to be used as incentive payments for the Diesel
Emissions Reduction Program established in Subchapter C, Chapter 386, Health
and Safety Code (estimated to be $15,409,490 in fiscal year 2004 and
$15,716,160 in fiscal year 2005) and 0.75 percent of TERP revenues to be used
for administrative costs incurred by the TCEQ in administering the Diesel
Emissions Reduction Program (estimated to by $160,515 in fiscal year 2004 and
$163,710 in fiscal year 2005), as provided by Section 386.252, Health and Safety
Code;
[(2) For the Public Utility Commission (PUC), 7.5 percent of TERP
revenues to be used for grant payments for the Energy Efficiency Grant Program
as provided in Subchapter E, Chapter 386, Health and Safety Code, (estimated to
be $1,605,150 in fiscal year 2004 and $1,637,100 in fiscal year 2005) and 0.75
percent of TERP revenues to be used for administrative costs incurred by the
PUC in administering the Energy Efficiency Grant Program (estimated to be
$160,515 in fiscal year 2004 and $163,710 in fiscal year 2005), as provided by
Section 386.252, Health and Safety Code;
[(3) For the Fiscal Programs - Comptroller of Public Accounts, 10
percent of TERP revenues to be used for incentive payments for the Motor
Vehicle Purchase or Lease Incentive Program established in Subchapter D,
Chapter 386, Health and Safety Code, (estimated to be $2,140,200 in fiscal year
2004 and $2,182,800 in fiscal year 2005) and 0.75 percent of TERP revenues to
be used for administrative costs incurred by the Comptroller in administering the
Motor Vehicle Purchase or Lease Incentive Program (estimated to be $160,515 in
fiscal year 2004 and $163,710 in fiscal year 2005), as provided by Section
386.252, Health and Safety Code;
[(4) For the Texas Engineering Experiment Station (TEES), 0.75 percent
of TERP revenues to be used for administrative costs associated with the Texas
Building Energy Performance Standards, Chapter 388, Health and Safety Code
(estimated to be $160,515 in fiscal year 2004 and $163,710 in fiscal year 2005),
as provided by Section 386.252, Health and Safety Code;
[(5) For the Texas Council on Environmental Technology (TCET), 7.5
percent of TERP revenues to be used for grant funding and administrative costs
associated with the New Technology Research and Development Program
established in Chapter 387, Health and Safety Code (estimated to be $1,605,149
in fiscal year 2004 and $1,637,099 in fiscal year 2005). The first $90,000 from
the 7.5 percent of TERP revenues allocated to the Texas Council of
Environmental Technology in each fiscal year shall be deposited to the Clean Air
Account No. 151 for use by TCEQ to supplement funding for air quality
activities in affected counties as defined in Section 386.001, Health and Safety
Code. Of the remaining amounts appropriated to the Texas Council on
488 78th LEGISLATURE — THIRD CALLED SESSION
[(c)] It is the intent of the Legislature that fees generated and deposited to the
TERP Account No. 5071 cover, at a minimum, the costs of the appropriations
made out of the TERP Account No. 5071 by this Act, as well as the "other direct
and indirect costs" associated with TERP programs. In the event that actual or
projected revenue collections are insufficient to offset the costs identified by this
provision, the Legislative Budget Board may direct that the Comptroller reduce
the appropriation authority provided above to be within the amount of revenue
expected to be available, provided that the reduction is in proportion to each
agency's share of TERP funding as allocated above and as provided in Section
386.252, Health and Safety Code.
[(d) In the event that the Comptroller makes a finding that revenues to the
TERP Account No. 5071 will total more than $21,402,000 in fiscal year 2004 or
more than $21,828,000 in fiscal year 2005, the Comptroller shall notify the
Legislative Budget Board of that finding at least 14 days prior to the
disbursement of such funds. The Comptroller shall include in that notification an
estimate of the amount expected to be received in excess of those amounts and an
estimate of the amount of additional funds each agency will receive according to
the allocation schedule described in section (e) below.
[(e) In addition to amounts appropriated by this section out of the TERP
Account No. 5071, there is hereby appropriated all revenues received by the
TERP Account No. 5071 in excess of $21,402,000 in fiscal year 2004 and in
excess of $21,828,000 in fiscal year 2005 of the biennium. Such additional
amounts shall be allocated to each agency according to the following proportions:
72 percent to TCEQ for incentive payments for the Diesel Emissions Reduction
Program; 7.5 percent to the PUC for grant payments for the Energy Efficiency
Grant Program; 10 percent to the Fiscal Programs - Comptroller of Public
Accounts for incentive payments for the Motor Vehicle Purchase or Lease
Incentive Program; 6.9 percent to the TCET for grants and 0.2 percent to the
TCET for administrative costs; 0.4 percent to be deposited to the Clean Air
Account No. 151 and appropriated to TCEQ to supplement funding for air quality
activities in affected counties; 2.25 percent to TCEQ for administrative costs;
0.35 percent to the Comptroller for administrative costs; 0.2 percent to the PUC
for administrative costs; and 0.2 percent to the TEES for administrative costs.]
(g) [(f)] Any unexpended balances in the appropriations made by this section
out of the TERP Account No. 5071 on August 31, 2004, are hereby appropriated
for the same purposes for the fiscal year beginning September 1, 2004.
(h) [(g) Contingent on the passage of House Bill 638, or similar legislation,
relating to the Texas emissions reduction plan by the Seventy-eighth Legislature:
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 489
[(1) Notwithstanding other provisions contained in this Section,
appropriations out of the TERP Account No. 5071 are hereby modified according
to the allocations of funding contained in Health and Safety Code, Section
386.252, as amended.
[(2) Of amounts appropriated pursuant to Subsection (g), additional
appropriations to the TCEQ for administrative costs shall not exceed $446,330 in
fiscal year 2004 and $387,830 in fiscal year 2005; additional appropriations to the
TEES for administration shall not exceed $789,906 in each fiscal year; and
additional appropriations to the TCET for administration shall not exceed the
statutory limits for administrative costs contained in Health and Safety Code,
Section 386.252.
[(3)] The "Number of Full-Time-Equivalent Positions (FTE)" indicated
herein for the TCEQ is hereby increased by 9 each fiscal year of the biennium
and[;] the "Number of Full-Time-Equivalent Positions (FTE)" indicated herein
for the TEES is hereby increased by 12 each fiscal year of the biennium[; and the
"Number of Full-Time-Equivalent Positions (FTE)" indicated herein for the
TCET is hereby increased by 5 each fiscal year of the biennium].
SECTIONi16.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend Floor Amendment No. 1 to HB 37 by adding the following Section 16 and renumbering the subsequent sections accordingly:
Nothing in this act shall be construed as reducing or redirecting the amounts of funding available through Rider 8 in Article VI of the General Appropriations Act, 78th Legislature.
HR 333 - ADOPTED
(by Madden)
The following privileged resolution was laid before the house:
HR 333
BE IT RESOLVED by the House of Representatives of the State of Texas, 78th Legislature, 3rd Called Session, 2003, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 1, relating to the dates of and procedures for certain elections, the procedures for canvassing the ballots for an election, and the counting of certain ballots voted by mail, to consider and take action on the following matters:
(1)iiHouse Rule 13, Section 9(a)(3), is suspended to permit the committee to make SECTION 1 of the bill, which provides for a change in the uniform election dates in Section 41.001(a), Election Code, effective January 1, 2005.
490 78th LEGISLATURE — THIRD CALLED SESSION
Explanation: The addition of text on this matter is necessary to avoid conflicts between the elections held on uniform election dates and the primary and runoff primary elections to be held in 2004.
(2)iiHouse Rule 13, Section 9(a)(4), is suspended to permit the committee to add text to set the 2004 general primary election and 2004 presidential primary election on March 9, 2004, to set the 2004 runoff primary election on April 13, 2004, and to resolve conflicts between elections held on those dates and other provisions of the Election Code.
Explanation: The addition of text on this matter is necessary to allow for the use of the congressional districts contained in HB 3, Acts of the 78th Legislature, 3rd Called Session, 2003, in the 2004 primary elections.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business in the district:
Eiland on motion of Dunnam.
The following member was granted leave of absence for the remainder of today because of important business:
Kuempel on motion of Grusendorf.
A record vote was requested.
HR 333 was adopted by (Record 46): 76 Yeas, 51 Nays, 1 Present, not voting.
Yeas — Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Callegari; Campbell; Casteel; Chisum; Christian; Cook, B.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Eissler; Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, E.; Keel; Keffer, J.; King; Kolkhorst; Krusee; Laubenberg; Madden; Marchant; McCall; Mercer; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wong; Woolley; Zedler.
Nays — Alonzo; Brown, F.; Burnam; Canales; Capelo; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Giddings; Guillen; Gutierrez; Hochberg; Hodge; Homer; Jones, D.; Laney; Lewis; Luna; Mabry; McClendon; McReynolds; Menendez; Merritt; Moreno, J.; Naishtat; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Telford; Uresti; Wise; Wolens.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Denny; Driver; Eiland; Elkins; Garza; Hopson; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Solomons; Thompson; Villarreal.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 491
Absent — Bailey; Corte; Hamilton; Jones, J.; Keffer, B.; Noriega; Solis; Stick; Turner.
STATEMENTS OF VOTE
When Record No. 46 was taken, I was temporarily out of the house chamber. I would have voted yes.
B. Keffer
When Record No. 46 was taken, I was in the house but away from my desk. I would have voted no.
Noriega
When Record No. 46 was taken, I was in the house but away from my desk. I would have voted no.
Solis
HB 1 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Madden submitted the following conference committee report on HBi1 :
Austin, Texas, October 9, 2003
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi1 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| Nelson | Denny |
| Duncan | Harper-Brown |
| Staples | Bohac |
| On the part of the senate | On the part of the house |
HB 1, A bill to be entitled An Act relating to the dates of and procedures for certain elections, the procedures for canvassing the ballots for an election, and the counting of certain ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi17.iiEffective January 1, 2005, Section 41.001(a), Election Code, as amended by Section 14, Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(a)iiExcept as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates:
(1)iithe first Saturday in February;
(2)iithe first [third] Saturday in May;
(3)iithe second Saturday in September; or
(4)iithe first Tuesday after the first Monday in November.
492 78th LEGISLATURE — THIRD CALLED SESSION
SECTIONi18.iiSection 41.007(b), Election Code, as amended by Section 1, Chapter 292, and Section 16, Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, is reenacted and amended to read as follows:
(b)iiThe runoff primary election date is the second [third] Tuesday in April
following the general primary election.
SECTIONi19.iiSection 67.003, Election Code, as amended by Section 42, Chapter 1315, and Section 17, Chapter 1316, Acts of the 78th Legislature, Regular Session, 2003, is reenacted and amended to read as follows:
Sec.i67.003.iiTIME FOR LOCAL CANVASS. Each local canvassing
authority shall convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer[:
[(1)iion the seventh day after election day for:
[(A)iithe general election for state and county officers; or
[(B)iian election of a political subdivision that is held jointly with
an election of:
[(i)iia county; or
[(ii)iione or more other political subdivisions under an election
services contract with the county election officer; or
[(2)]iinot earlier than the eighth [third] day or later than the 11th [sixth]
day after election day [for an election other than an election described by
Subdivision (1)].
SECTIONi20.iiSection 86.007(d), Election Code, as amended by Section 24, Chapter 1316, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(d)iiA marked ballot voted by mail that arrives after the time prescribed by Subsection (a) shall be counted if:
(1)iithe ballot was cast from an address outside the United States;
(2)iithe carrier envelope was placed for delivery before the time the ballot is required to arrive under Subsection (a); and
(3)iithe ballot arrives at the address on the carrier envelope not later
than[:
[(A)]iithe fifth day after the date of the election[:
[(i)iithe general election for state and county officers; or
[(ii)iian election of a political subdivision that is held jointly
with an election of:
[(a)iia county; or
[(b)iione or more political subdivisions under an election
services contract with the county election officer; or
[(B)iithe second day after the date of an election other than an
election described by Paragraph (A)].
SECTIONi21.iiSection 87.125(a), Election Code, as amended by Section 30, Chapter 1316, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(a)iiThe early voting ballot board shall convene to count ballots voted by
mail described by Section 86.007(d) at the time set by the presiding judge of the
board[:
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 493
[(1)]iion the sixth day after the date of an election[:
[(A)iithe general election for state and county officers; or
[(B)iian election of a political subdivision that is held jointly with
an election of:
[(i)iia county; or
[(ii)iione or more political subdivisions under an election
services contract with the county election officer;
[(2)iion the second day after the date of a primary election, at a time
following the last mail delivery,] or on an earlier day [or at an earlier time] if the
early voting clerk certifies that all ballots mailed from outside the United States
have been received[; or
[(3)iinot earlier than the third day or later than the fifth day after the date
of an election other than an election described by Subdivision (1) or (2)].
SECTIONi6.ii(a)iiTo allow for the use of the districts established by HB 3 as enacted by the 78th Legislature, 3rd Called Session, 2003, in the 2004 general primary election, if the effective date of HB 3 occurs after December 3, 2003:
(1)iian application for a place on the ballot for the 2004 general primary election for the office of United States Representative must:
(A)iibe filed with the appropriate authority described by Section 172.022, Election Code, not later than 6 p.m. on January 16, 2004; and
(B)iirelate to a congressional district as constituted by HB 3;
(2)iithe date of the 2004 general primary election and the 2004 presidential primary election is March 9, 2004; and
(3)iithe date of the 2004 runoff primary election is April 13, 2004.
(b)iiAn application for a place on the ballot for the 2004 general primary election for the office of United States Representative filed on or after December 3, 2003, and before 6 p.m. on January 2, 2004, is considered to have been filed on or after the effective date of this Act and before the deadline prescribed by Subsection (a)(1)(A) of this section.
(c)iiThis section does not affect other requirements of the Election Code relating to the validity of an application for a place on the general primary election ballot or the holding of the general primary, presidential primary, and runoff primary elections that are not in conflict with this section.
(d)iiThis section expires January 1, 2005.
SECTIONi7.iiThis Act takes effect on the 91st day after the last day of the legislative session.
(Swinford in the chair)
Representative Madden moved to adopt the conference committee report on HBi1.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of family business:
Smithee on motion of J. Davis.
494 78th LEGISLATURE — THIRD CALLED SESSION
The following member was granted leave of absence for the remainder of today because of important business in the district:
J. Jones on motion of Deshotel.
MOTION TO PRINT REMARKS
Representative Burnam moved to print remarks between Representative Uresti and Representative Burnam and Representative Uresti's remarks regarding HB 1.
(Speaker in the chair)
A record vote was requested.
The vote of the house was taken on the motion to print remarks and the vote was announced yeas 60, nays 62.
A verification of the vote was requested and was granted.
The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 47): 59 Yeas, 63 Nays, 2 Present, not voting.
Yeas — Alonzo; Brown, F.; Burnam; Canales; Capelo; Castro; Chavez; Chisum; Coleman; Cook, R.; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Giddings; Grusendorf; Guillen; Gutierrez; Hochberg; Hodge; Homer; Hunter; Isett; Jones, D.; Laney; Lewis; Luna; Mabry; McClendon; McReynolds; Menendez; Merritt; Moreno, J.; Naishtat; Noriega; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Solis; Telford; Uresti; Wilson; Wise; Wolens.
Nays — Allen; Baxter; Berman; Bohac; Branch; Brown, B.; Callegari; Campbell; Casteel; Christian; Cook, B.; Crabb; Crownover; Dawson; Delisi; Eissler; Flynn; Gattis; Geren; Griggs; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hill; Hope; Howard; Hughes; Hupp; Jones, E.; Keel; Keffer, B.; King; Kolkhorst; Krusee; Laubenberg; Madden; Mercer; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, W.; Stick; Swinford; Talton; Truitt; Van Arsdale; West; Wohlgemuth; Wong; Woolley; Zedler.
Present, not voting — Mr. Speaker(C); Hilderbran.
Absent, Excused — Denny; Driver; Eiland; Elkins; Garza; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Absent — Bailey; Bonnen; Corte; Goodman; Goolsby; Keffer, J.; Marchant; McCall; Smith, T.; Taylor; Turner.
The speaker stated that the motion was lost by the above vote.
A record vote was requested.
The motion to adopt the conference committee report on HBi1 prevailed by (Record 48): 77 Yeas, 52 Nays, 1 Present, not voting.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 495
Yeas — Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Callegari; Campbell; Casteel; Chisum; Christian; Cook, B.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Eissler; Flynn; Gattis; Geren; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Laubenberg; Madden; Mercer; Merritt; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wong; Woolley; Zedler.
Nays — Alonzo; Brown, F.; Burnam; Canales; Capelo; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Giddings; Guillen; Gutierrez; Hochberg; Hodge; Homer; Jones, D.; Laney; Lewis; Luna; Mabry; McClendon; McReynolds; Menendez; Moreno, J.; Naishtat; Noriega; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Solis; Telford; Uresti; Wise; Wolens.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Denny; Driver; Eiland; Elkins; Garza; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Absent — Bailey; Goodman; Marchant; McCall; Turner.
HB 28 - 24 HOUR LAYOUT RULE SUSPENDED
Representative Hardcastle moved to suspend Rule 13, Section 10 of the House Rules to consider the conference committee report on HB 28 which was ineligible for consideration at this time.
A record vote was requested.
The motion prevailed by (Record 49): 90 Yeas, 38 Nays, 0 Present, not voting.
Yeas — Mr. Speaker(C); Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Campbell; Casteel; Chavez; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Dutton; Edwards; Eissler; Farabee; Flynn; Gattis; Geren; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Laubenberg; Lewis; Luna; Madden; Marchant; Mercer; Merritt; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pickett; Pitts; Quintanilla; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
496 78th LEGISLATURE — THIRD CALLED SESSION
Nays — Alonzo; Burnam; Canales; Capelo; Castro; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Ellis; Escobar; Farrar; Flores; Gallego; Guillen; Gutierrez; Hochberg; Hodge; Homer; Mabry; McClendon; McReynolds; Menendez; Moreno, J.; Naishtat; Noriega; Olivo; Peña; Puente; Raymond; Ritter; Rodriguez; Rose; Solis; Telford; Uresti; Wise.
Absent, Excused — Denny; Driver; Eiland; Elkins; Garza; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Absent — Bailey; Callegari; Giddings; Goodman; Laney; McCall; Turner.
STATEMENTS OF VOTE
When Record No. 49 was taken, I was temporarily out of the house chamber. I would have voted yes.
Callegari
I was shown voting yes on Record No. 49. I intended to vote no.
Edwards
HR 348 - ADOPTED
(by Heflin)
The following privileged resolution was laid before the house:
HR 348
BE IT RESOLVED by the House of Representatives of the State of Texas, 78th Legislature, 3rd Called Session, 2003, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 28, relating to state and local government fiscal management, including various matters related to increasing administrative efficiency in state government; making related appropriations, to consider and take action on the following matters:
(1)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to alter text in the article of the bill that provides for the repayment of cash transferred from funds outside of the state treasury, so that Section 4.02 of the bill reads as follows:
SECTIONi4.02.iiNot more than $5,000,000 of the appropriation made by Section 4.01 of this Act may be used to allocate earned interest to a fund outside the state treasury under Section 403.092(a), Government Code.
Explanation: It is necessary to replace a reference to Section 1 of the Act with a reference to Section 4.01 of the Act so that the reference is correct.
(2)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new Article 8 to the bill to read as follows:
ARTICLE 8. B-ON-TIME PROGRAM
SECTIONi8.01.ii(a) Section 56.465(a), Education Code, as added by Chapter 779, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
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(a)iiThe governing board of each institution of higher education shall cause
to be set aside five percent of the amount of the tuition charged to a resident
undergraduate student at the institution under Section 54.0513 [that is] in excess
of $46 per semester credit hour. The amount of a student's tuition set aside under
this subsection is considered a part of the amount required to be set aside from
that tuition under Section 56.011 [the amount that would have been charged to
the student under that section for the same semester or term in the 2002-2003
academic year].
(b)iiThe change in law made by this section to Section 56.465(a), Education Code, applies only to a semester or term that begins on or after the effective date of this Act.
SECTIONi8.02.iiSection 8.02, Chapter 1266, Acts of the 78th Legislature, Regular Session, 2003, is amended by adding Subsection (f-1) to read as follows:
(f-1)iiIn its review, the committee shall evaluate whether students enrolled in private and independent institutions of higher education should remain eligible to receive Texas B-On-time loans under Subchapter Q, Chapter 56, Education Code. The committee shall include the results of its evaluation in the report required by Subsection (i) of this section.
Explanation: It is necessary to add this article to make necessary changes regarding financing and evaluating the B-On-time loan program.
(3)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new Article 9 to the bill to read as follows:
ARTICLE 9. FINANCING PROVIDED UNDER PRODUCT DEVELOPMENT
AND SMALL BUSINESS INCUBATOR PROGRAM
SECTIONi9.01.iiSection 489.213, Government Code, as added by Chapter 814, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsections (b) and (e) and adding Subsection (h) to read as follows:
(b)iiIn determining eligible products and [small] businesses, the bank shall
give special preference to products or businesses in the areas of semiconductors,
nanotechnology, biotechnology, and biomedicine that have the greatest likelihood
of commercial success, job creation, and job retention in this state. The bank shall
give further preference to providing financing to projects or businesses that are:
(1)iigrantees under the small business innovation research program established under 15 U.S.C. Section 638, as amended;
(2)iicompanies formed in this state to commercialize research funded at least in part with state funds;
(3)iiapplicants that have acquired other sources of financing;
(4)iicompanies formed in this state and receiving assistance from designated state small business development centers; or
(5)iiapplicants who are residents of this state doing business in this state and performing financed activities predominantly in this state.
(e)iiThe board may appoint an advisory committee of experts in the areas of semiconductors, nanotechnology, biotechnology, and biomedicine to review projects and businesses seeking financing from the bank.
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(h)iiAny business in this state is eligible for funding distributed through the small business incubator fund if it is determined that the business is substantially likely to develop and expand the opportunities for small businesses in the semiconductor, nanotechnology, biotechnology, or biomedicine industry in this state.
SECTIONi9.02.iiSection 489.213(f), Government Code, as added by Chapter 814, Acts of the 78th Legislature, Regular Session, 2003, is repealed.
Explanation: It is necessary to add this article to give appropriate support to the semiconductor and nanotechnology industries under the product development and small business incubator program and to remove a restriction that limited the amount a recipient may receive under the program to 10 percent of the amount of bonds issued.
(4)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new Article 10 to the bill to read as follows:
ARTICLE 10. REVENUE BONDS FOR TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
SECTIONi10.01.iiSubchapter B, Chapter 55, Education Code, is amended by adding Section 55.1749 to read as follows:
Sec.i55.1749.iiTEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL REVENUE BONDS. (a) In addition to the other authority granted by this subchapter, the board of regents of the Texas Tech University System may acquire, purchase, construct, improve, renovate, enlarge, or equip property, buildings, structures, or other facilities, including roads and related infrastructure, for the Texas Tech University Health Sciences Center for an academic building to support the center's educational programs in the city of El Paso, to be financed by the issuance of bonds in accordance with this subchapter, including bonds issued in accordance with a systemwide revenue financing program and secured as provided by that program, in an aggregate principal amount not to exceed $45 million.
(b)iiThe board may pledge irrevocably to the payment of the bonds authorized by Subsection (a) all or any part of the revenue funds of Texas Tech University or the Texas Tech University Health Sciences Center, including student tuition charges. The amount of a pledge made under this subsection may not be reduced or abrogated while the bonds for which the pledge is made, or bonds issued to refund those bonds, are outstanding.
(c)iiIf sufficient funds are not available to the board to meet its obligations under this section, the board may transfer funds between Texas Tech University and the Texas Tech University Health Sciences Center to ensure the most equitable and efficient allocation of available resources for Texas Tech University and the Texas Tech University Health Sciences Center to carry out their duties and purposes.
(d)iiAny portion of the proceeds of bonds authorized by this section that is not required for the academic building described by Subsection (a) may be used by the Texas Tech University System to renovate existing structures and facilities of the Texas Tech University Health Sciences Center.
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Explanation: It is necessary to add this article to provide necessary revenue bonding authority to the Texas Tech University System in connection with its El Paso facilities.
(5)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new Article 11 to the bill to read as follows:
ARTICLE 11. REVENUE BONDS FOR TEXAS SOUTHERN UNIVERSITY;
RECOVERY FROM TROPICAL STORM ALLISON
SECTIONi11.01.iiSubchapter B, Chapter 55, Education Code, is amended by adding Section 55.17491 to read as follows:
Sec.i55.17491.iiTEXAS SOUTHERN UNIVERSITY; TROPICAL STORM ALLISON. (a) In addition to the other authority granted by this subchapter, the board of regents of Texas Southern University may restore facilities and related infrastructure at Texas Southern University damaged by Tropical Storm Allison, to be financed by the issuance of bonds in accordance with this subchapter in an aggregate principal amount not to exceed $3,510,000.
(b)iiThe board may pledge irrevocably to the payment of those bonds all or any part of the revenue funds of Texas Southern University, including student tuition charges. The amount of a pledge made under this subsection may not be reduced or abrogated while the bonds for which the pledge is made, or bonds issued to refund those bonds, are outstanding.
Explanation: It is necessary to add this article to provide necessary revenue bonding authority to Texas Southern University in connection with the university's recovery from Tropical Storm Allison.
(6)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new Article 12 to the bill to read as follows:
ARTICLE 12. PAYMENT OF JUDICIAL SALARIES BY COMMISSIONERS COURTS
OF ELLIS, HILL, AND WILLIAMSON COUNTIES
SECTIONi12.01.iiSubchapter A, Chapter 32, Government Code, is amended by adding Section 32.070 to read as follows:
Sec.i32.070.iiELLIS COUNTY. (a) Notwithstanding Section 659.012, the Commissioners Court of Ellis County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties.
(b)iiThe salary is in addition to the salary paid by the state and other authorized compensation.
(c)iiThis section expires September 1, 2007.
SECTIONi12.02.iiSubchapter A, Chapter 32, Government Code, is amended by adding Section 32.109 to read as follows:
Sec.i32.109.iiHILL COUNTY. (a) Notwithstanding Section 659.012, the Commissioners Court of Hill County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties.
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(b)iiThe salary is in addition to the salary paid by the state and other authorized compensation.
(c)iiThis section expires September 1, 2007.
SECTIONi12.03.iiSubchapter A, Chapter 32, Government Code, is amended by adding Section 32.246 to read as follows:
Sec.i32.246.iiWILLIAMSON COUNTY. (a) Notwithstanding Section 659.012, the Commissioners Court of Williamson County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties.
(b)iiThe salary is in addition to the salary paid by the state and other authorized compensation.
(c)iiThis section expires September 1, 2007.
SECTIONi12.04.iiA committee of the house of representatives designated by the speaker and a committee of the senate designated by the lieutenant governor, or a joint committee named by the speaker and the lieutenant governor, shall study and report to the 79th and 80th legislatures on the advisability of continuing in effect Sections 32.070, 32.109, and 32.246, Government Code, as added by this Act.
SECTIONi12.05.iiThis article takes effect on the 91st day after the last day of the legislative session.
Explanation: It is necessary to add this article to give the commissioners courts of Ellis, Hill, and Williamson counties the authority to supplement the salaries of the district judges in the respective counties without regard to the limitations prescribed by Section 659.012, Government Code.
(7)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new Article 13 to the bill to read as follows:
ARTICLE 13. ELECTRONIC BENEFITS AND ENROLLMENT SYSTEM
SECTIONi13.01.iiSubchapter F, Chapter 2054, Government Code, is amended by adding Section 2054.131 to read as follows:
Sec.i2054.131.iiELECTRONIC BENEFITS ENROLLMENT AND ADMINISTRATION SYSTEM. (a) In this section, "work site benefits plan" means a plan or other arrangement to provide to officers, employees, or former officers or employees:
(1)iiinsurance, including health, life, and disability insurance and health benefits plans;
(2)iiflexible spending accounts; or
(3)iisavings or retirement benefits.
(b)iiIf the State Council on Competitive Government and the Legislative Budget Board each determine that a cost savings may be realized through a private vendor selected under this section, the State Council on Competitive Government may implement a project that establishes a common electronic infrastructure through which each state agency, including any retirement system created by statute or by the constitution, shall:
(1)iirequire its work site benefits plan participants to electronically:
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(A)iienroll in any work site benefits plans provided to the person by the state or a state agency;
(B)iiadd, change, or delete benefits;
(C)iisign any payroll deduction agreements to implement a contribution made to a plan in which the participant enrolls;
(D)iiterminate participation in a voluntary plan;
(E)iiinitiate account investment changes and withdrawals in a retirement plan;
(F)iiobtain information regarding plan benefits; and
(G)iicommunicate with the plan administrator; and
(2)iiadminister its work site benefits plans electronically by using the project to:
(A)iienroll new plan participants and, when appropriate, terminate plan participation;
(B)iigenerate eligibility and enrollment reports for plan participants;
(C)iilink plan administration with payroll administration to facilitate payroll deductions for a plan;
(D)iifacilitate single-source billing arrangements between the agency and a plan provider; and
(E)iitransmit and receive information regarding the plan.
(c)iiThe electronic infrastructure established under Subsection (a) may include TexasOnline, the Internet, intranets, extranets, and wide area networks.
(d)iiIf the State Council on Competitive Government implements an electronic infrastructure project under this section, the State Council on Competitive Government shall select and contract with a single private vendor to implement the project. The contract must require the application of the project to all state agencies without cost to the state until the project is initially implemented.
(e)iiThe private vendor selected under Subsection (d) must offer existing information resources technology for use in the project that:
(1)iiwill be available to all state agencies, including retirement systems;
(2)iiincludes each agency's work site benefits plan participants;
(3)iiwill use, to the extent possible, the department's information technology standards, including information security, privacy and disaster recovery, and Internet-based technology standards;
(4)iiincludes applications and a supporting platform that are already developed and used in connection with the electronic enrollment of work site benefits plans offered by other multiple plan providers;
(5)iiis available for use with a wide variety of plan and benefit providers;
(6)iican be easily modified to permit changes in benefits offered by the state or a state agency;
(7)iiprovides a solution to overcome limitations caused by the incompatibility of different legacy systems used by different state agencies and plan providers;
502 78th LEGISLATURE — THIRD CALLED SESSION
(8)iiis available for use over the Internet through existing or new websites or portals; and
(9)iiis supported, to the extent necessary, by:
(A)iilaptop and desktop enrollment and administration capabilities; and
(B)iia telephone call center.
SECTIONi13.02.iiIf the electronic infrastructure under Section 2054.131, Government Code, as added by this Act, is established, the State Council on Competitive Government as soon as reasonably possible shall develop a timetable and procedures under which each state agency shall implement the electronic infrastructure project for use by all work site benefits plan participants, including officers and employees and former officers and employees.
Explanation: It is necessary to add this article to allow for the establishment, if cost savings will result, of a single common electronic infrastructure for all state agencies that administer a work site benefits plan, including retirement system agencies, through which the participants in a benefits plan administered by any retirement system or other state agency will conduct business with the appropriate retirement system or other state agency that administers the benefits plan.
(8)iiHouse Rule 13, Section 9(a)(1), is suspended to permit the committee to alter text in the article of the bill that provides for an effective date for the bill so that the article reads as follows:
ARTICLE 14. EFFECTIVE DATE
SECTIONi14.01.iiExcept as otherwise provided by this Act, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
Explanation: It is necessary to alter the effective date article to conform to the separate effective date provision found in Article 12 of the bill.
HR 348 was adopted without objection.
HB 28 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Heflin submitted the following conference committee report on HBi28 :
Austin, Texas, October 9, 2003
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi28 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
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| Bivins | Heflin |
| Shapiro | Gutierrez |
| Duncan | McCall |
| Barrientos | Luna |
| Hamric | |
| On the part of the senate | On the part of the house |
HB 28, A bill to be entitled An Act relating to state and local government fiscal management, including various matters related to increasing administrative efficiency in state government; making related appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. WORKERS' COMPENSATION RESEARCH
SECTIONi1.01.iiSubtitle A, Title 5, Labor Code, is amended by adding Chapter 405 to read as follows:
CHAPTER 405. WORKERS' COMPENSATION RESEARCH
Sec.i405.001.iiDEFINITION. In this chapter, "department" means the Texas Department of Insurance.
Sec.i405.002.iiWORKERS' COMPENSATION RESEARCH DUTIES OF DEPARTMENT. (a) The department shall conduct professional studies and research related to:
(1)iithe delivery of benefits;
(2)iilitigation and controversy related to workers' compensation;
(3)iiinsurance rates and rate-making procedures;
(4)iirehabilitation and reemployment of injured workers;
(5)iiworkplace health and safety issues;
(6)iithe quality and cost of medical benefits; and
(7)iiother matters relevant to the cost, quality, and operational effectiveness of the workers' compensation system.
(b)iiThe department may apply for and spend grant funds to implement this chapter.
(c)iiThe department shall ensure that all research reports prepared under this chapter or by the former Research and Oversight Council on Workers' Compensation are accessible to the public through the Internet to the extent practicable.
Sec.i405.003.iiFUNDING; MAINTENANCE TAX. (a) The department's duties under this chapter are funded through the assessment of a maintenance tax collected annually from all insurance carriers, and self-insurance groups that hold certificates of approval under Chapter 407A, except governmental entities.
(b)iiThe department shall set the rate of the maintenance tax based on the expenditures authorized and the receipts anticipated in legislative appropriations. The tax rate for insurance companies may not exceed one-tenth of one percent of the correctly reported gross workers' compensation insurance premiums. The tax rate for certified self-insurers may not exceed one-tenth of one percent of the total tax base of all certified self-insurers, as computed under Section 407.103(b). The tax rate for self-insurance groups described by Subsection (a) may not exceed one-tenth of one percent of the group's gross premium for the group's retention, excluding premium collected by the group for excess insurance.
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(c)iiThe tax imposed under Subsection (a) is in addition to all other taxes imposed on those insurance carriers for workers' compensation purposes.
(d)iiThe tax on insurance companies and on self-insurance groups described by Subsection (a) shall be assessed, collected, and paid in the same manner and at the same time as the maintenance tax established for the support of the department under Article 5.68, Insurance Code. The tax on certified self-insurers shall be assessed, collected, and paid in the same manner and at the same time as the self-insurer maintenance tax collected under Section 407.104.
(e)iiAmounts received under this section shall be deposited in the state treasury in accordance with Article 5.68(e), Insurance Code, to be used:
(1)iifor the operation of the department's duties under this chapter; and
(2)iito reimburse the general revenue fund in accordance with Article 4.19, Insurance Code.
(f)iiSection 403.095, Government Code, does not apply in relation to amounts received under this section or to any special account into which the amounts are deposited.
Sec.i405.004.iiCOORDINATION WITH OTHER STATE AGENCIES; CONFIDENTIALITY. (a) As required to fulfill the department's objectives under this chapter, the department is entitled to access to the files and records of:
(1)iithe commission;
(2)iithe Texas Workforce Commission;
(3)iithe Texas Department of Human Services;
(4)iithe State Office of Risk Management; and
(5)iiother state agencies.
(b)iiA state agency shall assist and cooperate in providing information to the department.
(c)iiInformation that is confidential under state law is accessible to the department under rules of confidentiality and remains confidential.
(d)iiThe identity of an individual or entity selected to participate in a department survey or who participates in such a survey is confidential and is not subject to public disclosure under Chapter 552, Government Code.
SECTIONi1.02.ii(a)iiChapter 404 and Section 413.021(f), Labor Code, are repealed.
(b)iiThe Research and Oversight Council on Workers' Compensation, including the council's board of directors, is abolished on the effective date of this Act. All state records and other property of the council on the effective date of this Act are transferred to the Texas Department of Insurance. Any reference in law to the Research and Oversight Council on Workers' Compensation, the council's board of directors, the Texas Workers' Compensation Research Center, or the research center's board means the Texas Department of Insurance or the commissioner of insurance, as appropriate.
(c)iiThe Texas Department of Insurance shall assume responsibility for any obligation incurred or contract entered into by the Research and Oversight Council on Workers' Compensation before the effective date of this article.
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(d)iiThe Texas Department of Insurance shall enter into an interagency agreement with the Texas Workers' Compensation Commission to share the costs of continued participation in the Workers' Compensation Research Institute's CompScope multistate report series.
SECTIONi1.03.iiThe special account established under Section 404.003, Labor Code, as that section existed before being repealed by this Act, is re-created and transferred to the Texas Department of Insurance's General Revenue and Insurance Companies Maintenance Tax and Insurance Department Fees Account to be used for the purposes described by Section 405.003, Labor Code, as added by this Act.
SECTIONi1.04.iiThe Sunset Advisory Commission, as part of its current review of the Texas Workers' Compensation Commission, shall study and make recommendations to the legislature regarding whether it would be advisable to create a separate independent agency the primary purpose of which would be to study issues relating to workers' compensation. The Texas Workers' Compensation Commission, the Texas Department of Insurance, and any other relevant state agency shall on request promptly provide information and any necessary support to the Sunset Advisory Commission to assist the Sunset Advisory Commission in performing the study.
ARTICLE 2. TEXAS COMMISSION ON PRIVATE SECURITY
SECTIONi2.01.iiSection 1702.002, Occupations Code, is amended by adding Subdivisions (1-a) and (5-a) to read as follows:
(1-a)ii"Board" means the Texas Private Security Board.
(5-a)ii"Department" means the Department of Public Safety of the State of Texas.
SECTIONi2.02.iiSubchapter A, Chapter 1702, Occupations Code, is amended by adding Sections 1702.005 and 1702.006 to read as follows:
Sec.i1702.005.iiDEPARTMENT OF PUBLIC SAFETY. (a) The board created under Section 1702.021 is a part of the department. The department shall administer this chapter through the board.
(b)iiA reference in this chapter or another law to the Texas Commission on Private Security means the board.
Sec.i1702.006.iiTEXAS DEPARTMENT OF HEALTH. (a) In this section, "personal emergency response system" means an alarm system that is:
(1)iiinstalled in the residence of a person;
(2)iimonitored by an alarm systems company;
(3)iidesigned only to permit the person to signal the occurrence of a medical or personal emergency on the part of the person so that the company may dispatch appropriate aid; and
(4)iinot part of a combination of alarm systems that includes a burglar alarm or fire alarm.
(b)iiNotwithstanding the other provisions of this chapter, the Texas Department of Health shall administer the provisions of this chapter that are applicable to the following persons:
(1)iian alarm systems company that sells, installs, services, monitors, or responds to only personal emergency response systems;
506 78th LEGISLATURE — THIRD CALLED SESSION
(2)iian alarm systems installer who installs, maintains, or repairs only personal emergency response systems;
(3)iia manager or branch office manager of an alarm systems company described by Subdivision (1);
(4)iia security salesperson who is employed by an alarm systems company described by Subdivision (1) to sell services offered by the company; and
(5)iian owner, officer, partner, or shareholder of an alarm systems company described by Subdivision (1).
(c)iiA reference in this chapter or another law to the Texas Commission on Private Security in connection with a person described by Subsection (b) means the Texas Department of Health.
SECTIONi2.03.iiSection 1702.021(a), Occupations Code, as amended by Chapter 1170, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(a)iiThe Texas [Commission on] Private Security Board consists of seven
[eight] members appointed by the governor with the advice and consent of the
senate as follows:
(1)iifour public members, each of whom is a citizen of the United States;
(2)iione member who[:
[(A)]iiis licensed under this chapter as a private investigator;
[(B)iihas been engaged as a private investigator for at least the five
years preceding appointment; and
[(C)iiis not employed by a person who employs another member of
the commission;]
(3)iione member who is licensed under this chapter as an alarm systems
company; and [who:
[(A)iihas been engaged as an alarm systems company for at least
the five years preceding appointment; and
[(B)iiis not employed by a person who employs another member of
the commission;]
(4)iione member who[:
[(A)]iiis licensed under this chapter as the owner or operator of a
guard company[;
[(B)iihas been the owner or operator of the guard company for at
least the five years preceding appointment; and
[(C)iiis not employed by a person who employs another member of
the commission; and
[(5)iione member who:
[(A)iiholds a license, security officer commission, or registration
under this chapter;
[(B)iihas been engaged in activity regulated by the commission
under this chapter for at least the five years preceding appointment; and
[(C)iiis not employed by a person who employs another member of
the commission].
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SECTIONi2.04.iiSection 1702.025, Occupations Code, as amended by Chapter 1170, Acts of the 78th Legislature, Regular Session, 2003, and Section 1702.026, Occupations Code, are amended to read as follows:
Sec.i1702.025.iiTERMS; VACANCIES. (a) The board [appointed
commission] members serve staggered six-year terms, with the terms of two or
three [appointed] members expiring on January 31 of each odd-numbered year.
(b)iiIf a vacancy occurs during the term of a board [an appointed
commission] member, the governor shall appoint a new member to fill the
unexpired term.
Sec.i1702.026.iiOFFICERS. (a) The governor shall designate one board
[commission] member as presiding officer to serve in that capacity at the will of
the governor. The governor shall designate the presiding officer without regard to
race, creed, color, disability, sex, religion, age, or national origin.
(b)iiThe board [commission, including the representative of the director of
the Texas Department of Public Safety if one is designated,] shall elect from
among its members an assistant presiding officer and a secretary to serve
two-year terms beginning on September 1 of each odd-numbered year.
(c)iiThe presiding officer of the board [commission] or, in the absence of the
presiding officer, the assistant presiding officer shall preside at each board
[commission] meeting and perform the other duties prescribed by this chapter.
SECTIONi2.05.iiSubchapter D, Chapter 1702, Occupations Code, is amended by adding Section 1702.0615 to read as follows:
Sec.i1702.0615.iiPLACEMENT OF PRIORITY ON PROCESSING CERTAIN APPLICATIONS. (a) In performing its functions and duties under this chapter, the board shall place a high priority on processing applications for licenses, security officer commissions, and registrations filed by persons who provide protection for critical infrastructure, as defined by Section 421.001, Government Code.
(b)iiThe board shall act on an application described by Subsection (a) as expeditiously as possible but not later than the 60th day after the date the board receives the application.
(c)iiThis section expires December 1, 2005.
SECTIONi2.06.iiSection 1702.022, Occupations Code, is repealed.
SECTIONi2.07.iiNot later than February 1, 2004, the governor shall appoint the members of the Texas Private Security Board, as required under Section 1702.021, Occupations Code, as amended by this article. In appointing the initial members of the board under this section, the governor shall appoint:
(1)iitwo members for terms expiring January 31, 2005;
(2)iitwo members for terms expiring January 31, 2007; and
(3)iithree members for terms expiring January 31, 2009.
SECTIONi2.08.ii(a)iiOn February 1, 2004:
(1)iiall functions and activities performed by the Texas Commission on Private Security immediately before that date are transferred to the Texas Private Security Board of the Department of Public Safety of the State of Texas or the Texas Department of Health, as applicable;
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(2)iia rule or form adopted by the Texas Commission on Private Security is a rule or form of the Texas Private Security Board or the Texas Department of Health, as applicable, and remains in effect until amended or replaced by that board or department;
(3)iia reference in law or an administrative rule to the Texas Commission on Private Security means the Texas Private Security Board or the Texas Department of Health, as applicable;
(4)iia complaint, investigation, or other proceeding before the Texas Commission on Private Security is transferred without change in status to the Texas Private Security Board or the Texas Department of Health, as determined by a memorandum of understanding between the Department of Public Safety of the State of Texas and the Texas Department of Health, and the Texas Private Security Board or the Texas Department of Health, as applicable, assumes, as appropriate and without a change in status, the position of the Texas Commission on Private Security in an action or proceeding to which the Texas Commission on Private Security is a party;
(5)iiall property in the custody of the Texas Commission on Private Security is transferred to the Texas Private Security Board or the Texas Department of Health, as determined by a memorandum of understanding between the Department of Public Safety of the State of Texas and the Texas Department of Health; and
(6)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Commission on Private Security is transferred to the Texas Private Security Board or the Texas Department of Health, as determined by a memorandum of understanding between the Department of Public Safety of the State of Texas and the Texas Department of Health.
(b)iiBefore February 1, 2004, the Texas Commission on Private Security may agree with the Department of Public Safety of the State of Texas and the Texas Department of Health to transfer any property of the Texas Commission on Private Security to the Department of Public Safety of the State of Texas or the Texas Department of Health to implement the transfer required by this article.
(c)iiDuring the period beginning on the effective date of this article and ending on February 1, 2004, the Texas Commission on Private Security shall continue to perform functions and activities under Chapter 1702, Occupations Code, as if that chapter had not been amended by this article, and the former law is continued in effect for that purpose.
ARTICLE 3. EQUITABLE USE OF REVENUE AND UNIFORMITY IN RELATION TO SCHOOL DISTRICT PROPERTY VALUES
SECTIONi3.01.iiSection 403.302, Government Code, is amended by adding Subsection (c-1) to read as follows:
(c-1)iiNotwithstanding Subsection (c), if after conducting the annual study for the year 2002 the comptroller determines that the local value for a school district is invalid and the local value exceeds the state value for the school district
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SECTIONi3.02.iiSection 403.302(m), Government Code, as added by Chapter 1183, Acts of the 78th Legislature, Regular Session, 2003, is repealed.
SECTIONi3.03.iiThe commissioner of education shall compute the amount of funding under Chapters 42 and 46, Education Code, to which each school district is entitled for the 2003-2004 school year, and the wealth per student of each school district for purposes of Chapter 41, Education Code, for the 2003-2004 school year, without regard to Chapter 1183, Acts of the 78th Legislature, Regular Session, 2003. If a school district received an underallocation or overallocation of state funds because a payment made before the effective date of this Act was computed in accordance with Chapter 1183, Acts of the 78th Legislature, Regular Session, 2003, the commissioner shall adjust the computation of the amount of the payments made to the school district for the remainder of the 2003-2004 school year or take other action so that the total payments made to that school district for that school year equal the amount the school district would have received for that school year had none of the payments been computed in accordance with Chapter 1183, Acts of the 78th Legislature, Regular Session, 2003.
ARTICLE 4.iiREPAYMENT OF CASH TRANSFERRED
FROM FUNDS OUTSIDE OF STATE TREASURY
SECTIONi4.01.iiFor the state fiscal biennium beginning September 1, 2003, the comptroller is appropriated from the general revenue fund the amount needed to return any available cash that was transferred to that fund from a fund outside the state treasury and to maintain the equity of the fund from which the transfer was made, as required by Section 403.092, Government Code, as amended by Section 19, Chapter 1310, Acts of the 78th Legislature, Regular Session, 2003.
SECTIONi4.02.iiNot more than $5,000,000 of the appropriation made by Section 4.01 of this Act may be used to allocate earned interest to a fund outside the state treasury under Section 403.092(a), Government Code.
SECTIONi4.03.iiDuring the state fiscal biennium beginning September 1, 2003, the comptroller shall return available cash that has been transferred from a fund outside the state treasury to a fund within the state treasury under Section 403.092(a), Government Code, together with the earned interest on the transferred amount, to the fund from which the available cash was transferred within 14 days after the date on which the available cash was transferred.
ARTICLE 5.iiAPPROPRIATION OF VETOED FUNDS; CLARIFICATION OF
USE
OF BUDGET EXECUTION PROCESS FOR STATE FISCAL RELIEF
SECTIONi5.01.ii(a) Section 11.28, Article IX, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:
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(a)iiNotwithstanding other provisions of this Act, based upon the passage of
federal legislation that provides federal funds for the purpose of state fiscal relief,
such funds are appropriated[, after the implementation of Section 11.15,
Contingency Appropriation Reduction and Contingency Appropriation,] to the
Comptroller of Public Accounts in the fiscal year in which the funds are received
for the purpose of transferring funds to state agencies for state fiscal relief, as
directed by the Governor and Legislative Budget Board acting under Chapter
317, Government Code, and in accordance with [provided by] subsection (b) of
this section.
(c)iiNotwithstanding Section 11.15(b) of this article, an amount equal to the sum of the General Revenue Fund and general revenue dedicated account appropriations contained in this Act that are vetoed by the Governor under Section 14, Article IV, Texas Constitution, is appropriated out of the General Revenue Fund or appropriate general revenue dedicated account to the Comptroller of Public Accounts for the state fiscal biennium beginning September 1, 2003, for the purpose of transferring funds to state agencies for state fiscal relief, as directed by the Governor and Legislative Budget Board acting under Chapter 317, Government Code, and in accordance with subsection (b) of this section.
(d)iiThis section does not prohibit the Governor and the Legislative Budget Board, acting under Chapter 317, Government Code, from making an emergency transfer of money appropriated by this section, based on need, to an agency or for a purpose that is not described by subsection (b) of this section.
(b)iiIn the event of a conflict between this Act and another Act enacted by the 78th Legislature, 3rd Called Session, 2003, that becomes law and that amends Section 11.28, Article IX, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), this Act controls.
SECTIONi5.02.iiThe heading to Section 11.28, Article IX, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is amended to read as follows:
Sec.i11.28.iiAppropriation of State Fiscal Relief Federal Funds and Reappropriation for State Fiscal Relief of Vetoed General Revenue Appropriations.
ARTICLE 6.iiREPEAL OF TECHNOLOGY ADVANCEMENT
APPROPRIATION
TO SUPREME COURT OF TEXAS
SECTIONi6.01.iiRider 5 following the appropriation to the Supreme Court of Texas on page IV-2, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), is repealed.
ARTICLE 7.iiDEDICATION OF PERMIT FEE REVENUE
SECTIONi7.01.iiNotwithstanding Chapter 1296, Acts of the 78th Legislature, Regular Session, 2003, the permit fee revenue collected under and dedicated to the state highway fund by Chapter 786, Acts of the 78th Legislature, Regular Session, 2003, is rededicated to the state highway fund for the purposes described by Chapter 786.
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ARTICLE 8.iiB-ON-TIME PROGRAM
SECTIONi8.01.ii(a)iiSection 56.465(a), Education Code, as added by Chapter 779, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
(a)iiThe governing board of each institution of higher education shall cause
to be set aside five percent of the amount of the tuition charged to a resident
undergraduate student at the institution under Section 54.0513 [that is] in excess
of $46 per semester credit hour. The amount of a student's tuition set aside under
this subsection is considered a part of the amount required to be set aside from
that tuition under Section 56.011 [the amount that would have been charged to
the student under that section for the same semester or term in the 2002-2003
academic year].
(b)iiThe change in law made by this section to Section 56.465(a), Education Code, applies only to a semester or term that begins on or after the effective date of this Act.
SECTIONi8.02.iiSection 8.02, Chapter 1266, Acts of the 78th Legislature, Regular Session, 2003, is amended by adding Subsection (f-1) to read as follows:
(f-1)iiIn its review, the committee shall evaluate whether students enrolled in private and independent institutions of higher education should remain eligible to receive Texas B-On-time loans under Subchapter Q, Chapter 56, Education Code. The committee shall include the results of its evaluation in the report required by Subsection (i) of this section.
ARTICLE 9.iiFINANCING PROVIDED UNDER PRODUCT DEVELOPMENT
AND SMALL BUSINESS INCUBATOR PROGRAM
SECTIONi9.01.iiSection 489.213, Government Code, as added by Chapter 814, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsections (b) and (e) and adding Subsection (h) to read as follows:
(b)iiIn determining eligible products and [small] businesses, the bank shall
give special preference to products or businesses in the areas of semiconductors,
nanotechnology, biotechnology, and biomedicine that have the greatest likelihood
of commercial success, job creation, and job retention in this state. The bank shall
give further preference to providing financing to projects or businesses that are:
(1)iigrantees under the small business innovation research program established under 15 U.S.C. Section 638, as amended;
(2)iicompanies formed in this state to commercialize research funded at least in part with state funds;
(3)iiapplicants that have acquired other sources of financing;
(4)iicompanies formed in this state and receiving assistance from designated state small business development centers; or
(5)iiapplicants who are residents of this state doing business in this state and performing financed activities predominantly in this state.
(e)iiThe board may appoint an advisory committee of experts in the areas of semiconductors, nanotechnology, biotechnology, and biomedicine to review projects and businesses seeking financing from the bank.
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(h)iiAny business in this state is eligible for funding distributed through the small business incubator fund if it is determined that the business is substantially likely to develop and expand the opportunities for small businesses in the semiconductor, nanotechnology, biotechnology, or biomedicine industry in this state.
SECTIONi9.02.iiSection 489.213(f), Government Code, as added by Chapter 814, Acts of the 78th Legislature, Regular Session, 2003, is repealed.
ARTICLEi10.iiREVENUE BONDS FOR TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
SECTIONi10.01.iiSubchapter B, Chapter 55, Education Code, is amended by adding Section 55.1749 to read as follows:
Sec.i55.1749.iiTEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL REVENUE BONDS. (a) In addition to the other authority granted by this subchapter, the board of regents of the Texas Tech University System may acquire, purchase, construct, improve, renovate, enlarge, or equip property, buildings, structures, or other facilities, including roads and related infrastructure, for the Texas Tech University Health Sciences Center for an academic building to support the center's educational programs in the city of El Paso, to be financed by the issuance of bonds in accordance with this subchapter, including bonds issued in accordance with a systemwide revenue financing program and secured as provided by that program, in an aggregate principal amount not to exceed $45 million.
(b)iiThe board may pledge irrevocably to the payment of the bonds authorized by Subsection (a) all or any part of the revenue funds of Texas Tech University or the Texas Tech University Health Sciences Center, including student tuition charges. The amount of a pledge made under this subsection may not be reduced or abrogated while the bonds for which the pledge is made, or bonds issued to refund those bonds, are outstanding.
(c)iiIf sufficient funds are not available to the board to meet its obligations under this section, the board may transfer funds between Texas Tech University and the Texas Tech University Health Sciences Center to ensure the most equitable and efficient allocation of available resources for Texas Tech University and the Texas Tech University Health Sciences Center to carry out their duties and purposes.
(d)iiAny portion of the proceeds of bonds authorized by this section that is not required for the academic building described by Subsection (a) may be used by the Texas Tech University System to renovate existing structures and facilities of the Texas Tech University Health Sciences Center.
ARTICLEi11.iiREVENUE BONDS FOR TEXAS SOUTHERN UNIVERSITY;
RECOVERY FROM TROPICAL STORM ALLISON
SECTIONi11.01.iiSubchapter B, Chapter 55, Education Code, is amended by adding Section 55.17491 to read as follows:
Sec.i55.17491.iiTEXAS SOUTHERN UNIVERSITY; TROPICAL STORM ALLISON. (a) In addition to the other authority granted by this subchapter, the board of regents of Texas Southern University may restore facilities and related
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(b)iiThe board may pledge irrevocably to the payment of those bonds all or any part of the revenue funds of Texas Southern University, including student tuition charges. The amount of a pledge made under this subsection may not be reduced or abrogated while the bonds for which the pledge is made, or bonds issued to refund those bonds, are outstanding.
ARTICLEi12.iiPAYMENT OF JUDICIAL SALARIES BY COMMISSIONERS COURTS
OF ELLIS, HILL, AND WILLIAMSON COUNTIES
SECTIONi12.01.iiSubchapter A, Chapter 32, Government Code, is amended by adding Section 32.070 to read as follows:
Sec.i32.070.iiELLIS COUNTY. (a) Notwithstanding Section 659.012, the Commissioners Court of Ellis County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties.
(b)iiThe salary is in addition to the salary paid by the state and other authorized compensation.
(c)iiThis section expires September 1, 2007.
SECTIONi12.02.iiSubchapter A, Chapter 32, Government Code, is amended by adding Section 32.109 to read as follows:
Sec.i32.109.iiHILL COUNTY. (a) Notwithstanding Section 659.012, the Commissioners Court of Hill County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties.
(b)iiThe salary is in addition to the salary paid by the state and other authorized compensation.
(c)iiThis section expires September 1, 2007.
SECTIONi12.03.iiSubchapter A, Chapter 32, Government Code, is amended by adding Section 32.246 to read as follows:
Sec.i32.246.iiWILLIAMSON COUNTY. (a) Notwithstanding Section 659.012, the Commissioners Court of Williamson County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties.
(b)iiThe salary is in addition to the salary paid by the state and other authorized compensation.
(c)iiThis section expires September 1, 2007.
SECTIONi12.04.iiA committee of the house of representatives designated by the speaker and a committee of the senate designated by the lieutenant governor, or a joint committee named by the speaker and the lieutenant governor,
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SECTIONi12.05.iiThis article takes effect on the 91st day after the last day of the legislative session.
ARTICLEi13.iiELECTRONIC BENEFITS AND ENROLLMENT SYSTEM
SECTIONi13.01.iiSubchapter F, Chapter 2054, Government Code, is amended by adding Section 2054.131 to read as follows:
Sec.i2054.131.iiELECTRONIC BENEFITS ENROLLMENT AND ADMINISTRATION SYSTEM. (a) In this section, "work site benefits plan" means a plan or other arrangement to provide to officers, employees, or former officers or employees:
(1)iiinsurance, including health, life, and disability insurance and health benefits plans;
(2)iiflexible spending accounts; or
(3)iisavings or retirement benefits.
(b)iiIf the State Council on Competitive Government and the Legislative Budget Board each determine that a cost savings may be realized through a private vendor selected under this section, the State Council on Competitive Government may implement a project that establishes a common electronic infrastructure through which each state agency, including any retirement system created by statute or by the constitution, shall:
(1)iirequire its work site benefits plan participants to electronically:
(A)iienroll in any work site benefits plans provided to the person by the state or a state agency;
(B)iiadd, change, or delete benefits;
(C)iisign any payroll deduction agreements to implement a contribution made to a plan in which the participant enrolls;
(D)iiterminate participation in a voluntary plan;
(E)iiinitiate account investment changes and withdrawals in a retirement plan;
(F)iiobtain information regarding plan benefits; and
(G)iicommunicate with the plan administrator; and
(2)iiadminister its work site benefits plans electronically by using the project to:
(A)iienroll new plan participants and, when appropriate, terminate plan participation;
(B)iigenerate eligibility and enrollment reports for plan participants;
(C)iilink plan administration with payroll administration to facilitate payroll deductions for a plan;
(D)iifacilitate single-source billing arrangements between the agency and a plan provider; and
(E)iitransmit and receive information regarding the plan.
(c)iiThe electronic infrastructure established under Subsection (a) may include TexasOnline, the Internet, intranets, extranets, and wide area networks.
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(d)iiIf the State Council on Competitive Government implements an electronic infrastructure project under this section, the State Council on Competitive Government shall select and contract with a single private vendor to implement the project. The contract must require the application of the project to all state agencies without cost to the state until the project is initially implemented.
(e)iiThe private vendor selected under Subsection (d) must offer existing information resources technology for use in the project that:
(1)iiwill be available to all state agencies, including retirement systems;
(2)iiincludes each agency's work site benefits plan participants;
(3)iiwill use, to the extent possible, the department's information technology standards, including information security, privacy and disaster recovery, and Internet-based technology standards;
(4)iiincludes applications and a supporting platform that are already developed and used in connection with the electronic enrollment of work site benefits plans offered by other multiple plan providers;
(5)iiis available for use with a wide variety of plan and benefit providers;
(6)iican be easily modified to permit changes in benefits offered by the state or a state agency;
(7)iiprovides a solution to overcome limitations caused by the incompatibility of different legacy systems used by different state agencies and plan providers;
(8)iiis available for use over the Internet through existing or new websites or portals; and
(9)iiis supported, to the extent necessary, by:
(A)iilaptop and desktop enrollment and administration capabilities; and
(B)iia telephone call center.
SECTIONi13.02.iiIf the electronic infrastructure under Section 2054.131, Government Code, as added by this Act, is established, the State Council on Competitive Government as soon as reasonably possible shall develop a timetable and procedures under which each state agency shall implement the electronic infrastructure project for use by all work site benefits plan participants, including officers and employees and former officers and employees.
ARTICLE 14. EFFECTIVE DATE
SECTIONi14.01.iiExcept as otherwise provided by this Act, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
Representative Heflin moved to adopt the conference committee report on HBi28.
A record vote was requested.
516 78th LEGISLATURE — THIRD CALLED SESSION
The motion prevailed by (Record 50): 118 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Canales; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eissler; Escobar; Farabee; Flores; Flynn; Gallego; Gattis; Geren; Giddings; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Heflin; Hegar; Hilderbran; Hill; Hodge; Homer; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Nixon; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Solis; Stick; Swinford; Talton; Taylor; Truitt; Uresti; Van Arsdale; West; Wilson; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Nays — Davis, Y.; Hochberg; Olivo; Telford; Wise.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Denny; Driver; Eiland; Elkins; Garza; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Absent — Bailey; Burnam; Ellis; Farrar; Goodman; Hartnett; McCall; Naishtat; Noriega; Rodriguez; Turner.
The speaker stated that HBi28 was passed subject to the provisions of ArticleiIII, Section 49a of the Texas Constitution.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Bailey on motion of Luna.
The following member was granted leave of absence for the remainder of today because of family business:
Goodman on motion of Laney.
SCR 5 - ADOPTED
(Harper-Brown - House Sponsor)
Representative Harper-Brown moved to suspend all necessary rules to take up and consider at this time SCRi5.
The motion prevailed without objection.
The following resolution was laid before the house:
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SCR 5, Recognizing Baylor University for the contributions of its students, alumni, and faculty to the state.
SCR 5 was adopted without objection.
HR 344 - ADOPTED
(by Swinford)
The following privileged resolution was laid before the house:
HR 344
BE IT RESOLVED by the House of Representatives of the State of Texas, 78th Legislature, 3rd Called Session, 2003, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 7, relating to the reorganization of, efficiency in, and other reform measures applying to governmental entities and certain regulatory practices, to consider and take action on the following matters:
(1)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new article to the bill to read as follows:
ARTICLE __. FINANCIAL DISCLOSURE FOR BOARDS OF TRUSTEES OF
CERTAIN SCHOOL DISTRICTS
SECTIONi__.01.iiSection 11.064, Education Code, as added by Chapter 249, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsections (a) and (c) and adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:
(a)iiThe board of trustees [A trustee] of an independent school district by
resolution adopted by majority vote may require each member of the board to
[with an enrollment of at least 5,000 students shall] file the financial statement
required of state officers under Subchapter B, Chapter 572, Government Code,
with:
(1)iithe board of trustees; and
(2)iithe Texas Ethics Commission.
(a-1)iiNot later than the 15th day after the date a board of trustees adopts a resolution under Subsection (a), the board shall deliver a certified copy of the resolution to the Texas Ethics Commission.
(a-2)iiA resolution adopted under Subsection (a) applies beginning on January 1 of the second year following the year in which the resolution is adopted. A member of a board of trustees that has adopted a resolution under Subsection (a) is not required to include, in a financial disclosure statement under this section, financial activity occurring before January 1 of the year following the year in which the resolution is adopted.
(a-3)iiThe commissioner by order shall require the members of the board of trustees of an independent school district to file the financial statement required of state officers under Subchapter B, Chapter 572, Government Code, in the same manner as the members of a board of trustees that have adopted a resolution under Subsection (a) if the commissioner determines that:
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(1)iia board member has failed to comply with filing and recusal requirements applicable to the member under Chapter 171, Local Government Code;
(2)iithe district financial accounting practices are not adequate to safeguard state and district funds; or
(3)iithe district has not met a standard set by the commissioner in the financial accountability rating system.
(a-4)iiThe commissioner may require filing financial statements under Subsection (a-3) covering not more than three fiscal years and beginning on January 1 of the second year following the date of the commissioner's order. A member of a board of trustees subject to an order issued under Subsection (a-3) is not required to include, in a financial disclosure statement subject to this section, financial activity occurring before January 1 of the year following the year in which the order is issued. The commissioner may renew the requirement if the commissioner determines that a condition described by Subsection (c) continues to exist.
(c)iiA trustee serving in a school district that has adopted a resolution under
Subsection (a) or that is subject to an order issued under Subsection (a-3) [subject
to this section] commits an offense if the trustee fails to file the statement required
by the resolution or order [this section]. An offense under this section is a Class B
misdemeanor.
SECTIONi__.02.iiSection 6.08, Chapter 249, Acts of the 78th Legislature, Regular Session, 2003, is repealed.
SECTIONi__.03.iiThis article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect on the 91st day after the last day of the legislative session.
Explanation:iiIt is necessary to add this article to add changes regarding ethics issues for members of the boards of trustees of certain independent school districts.
(2)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new article to the bill to read as follows:
ARTICLE __. JUDICIAL DISTRICTS
SECTIONi__.01.iiSection 10, Chapter 1306, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c)iiThe [414th,] 415th, [419th,] 420th, 421st, and 422nd judicial districts
are created January 15, 2004 [September 1, 2005].
(d)iiThe 414th and 419th judicial districts are created September 1, 2005.
SECTIONi__.02.iiSection 11, Chapter 1306, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c)iiSections [2,] 3, [6,] 7, 8, and 9 of this Act take effect January 15, 2004
[September 1, 2005].
(d)iiSections 2 and 6 of this Act take effect September 1, 2005.
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Explanation: It is necessary to add this article to revise the effective date regarding the creation, composition, and funding of certain judicial districts for certain counties.
(3)iiHouse Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new article to the bill to read as follows:
ARTICLE __. SALE OR LEASE OF CERTAIN VACANT PUBLIC LAND
SECTIONi__.01.iiSection 51.178(a), Natural Resources Code, is amended to read as follows:
(a)iiA person may apply for good-faith-claimant status not later than the 90th day after:
(1)iithe date of a final order by the commissioner finding that a vacancy
exists [at the time an application is filed under Section 51.176]; or
(2)iithe date of final judgment by a court that a vacancy exists, if the
commissioner does not find that a vacancy exists [not later than the 60th day after
the date notice of acceptance is published as required under Section 51.179(d)].
SECTIONi__.02.iiThe changes in law made by this article apply only to a vacancy application existing or made on or after the effective date of this Act.
Explanation: It is necessary to add this article to modify the time frame to determine when a person may apply for good-faith-claimant status for the sale or lease of vacant public land.
A record vote was requested.
HR 344 was adopted by (Record 51): 93 Yeas, 32 Nays, 0 Present, not voting.
Yeas — Mr. Speaker(C); Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Deshotel; Dutton; Edwards; Eissler; Ellis; Escobar; Farabee; Flynn; Gattis; Geren; Giddings; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Homer; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Laney; Laubenberg; Madden; Marchant; McClendon; McReynolds; Mercer; Merritt; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pitts; Reyna; Riddle; Ritter; Seaman; Smith, T.; Smith, W.; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wong; Woolley; Zedler.
Nays — Alonzo; Burnam; Canales; Capelo; Castro; Chavez; Coleman; Davis, Y.; Dukes; Dunnam; Farrar; Flores; Gallego; Guillen; Gutierrez; Hochberg; Hodge; Keel; Lewis; Luna; Mabry; Menendez; Moreno, J.; Naishtat; Olivo; Peña; Puente; Rodriguez; Rose; Solis; Telford; Wolens.
Absent, Excused — Bailey; Denny; Driver; Eiland; Elkins; Garza; Goodman; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Absent — McCall; Noriega; Pickett; Quintanilla; Raymond; Turner; Uresti; Wise.
520 78th LEGISLATURE — THIRD CALLED SESSION
STATEMENTS OF VOTE
I was shown voting no on Record No. 51. I intended to vote yes.
Guillen
When Record No. 51 was taken, I was in the house but away from my desk. I would have voted yes.
Quintanilla
When Record No. 51 was taken, I was in the house but away from my desk. I would have voted yes.
Raymond
I was shown voting no on Record No. 51. I intended to vote yes.
Rose
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. 3).
HB 7 - MOTION TO SUSPEND 24 HOUR LAYOUT RULE
Representative Hardcastle moved to suspend Rule 13, Section 10 of the House Rules to consider the conference committee report on HB 7 which was ineligible for consideration at this time.
A record vote was requested.
The motion was lost (not receiving the necessary two-thirds vote) by (Record 52): 82 Yeas, 46 Nays, 0 Present, not voting.
Yeas — Mr. Speaker(C); Allen; Baxter; Berman; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Canales; Chisum; Christian; Cook, B.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Dutton; Eissler; Flynn; Gattis; Geren; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Laubenberg; Lewis; Madden; Marchant; Mercer; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pickett; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Stick; Swinford; Talton; Taylor; Telford; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wong; Woolley; Zedler.
Nays — Alonzo; Burnam; Casteel; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Giddings; Guillen; Gutierrez; Hochberg; Hodge; Homer; Keel; Laney; Luna; Mabry; McClendon; McReynolds; Menendez; Merritt; Moreno, J.; Naishtat; Noriega; Olivo; Peña; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Solis; Uresti; Wise; Wolens.
Absent, Excused — Bailey; Denny; Driver; Eiland; Elkins; Garza; Goodman; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 521
Absent — Bohac; Capelo; Edwards; McCall; Turner.
STATEMENT OF VOTE
When Record No. 52 was taken, my vote failed to register. I would have voted yes.
Bohac
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Ellis on motion of R. Cook.
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. 4).
(Edwards in the chair)
HR 339 - ADOPTED
(by Goolsby)
Representative Goolsby moved to suspend all necessary rules to take up and consider at this time HRi339.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 339, In memory of Bob Wertheimer of Dallas.
HR 339 was unanimously adopted by a rising vote.
On motion of Representative Isett, the names of all the members of the house were added to HRi339 as signers thereof.
HR 340 - ADOPTED
(by Goolsby and Driver)
Representative Goolsby moved to suspend all necessary rules to take up and consider at this time HRi340.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 340, In memory of Anita Carraway Hill of Garland.
HR 340 was unanimously adopted by a rising vote.
On motion of Representative Isett, the names of all the members of the house were added to HRi340 as signers thereof.
HR 332 - ADOPTED
(by Gallego)
Representative Gallego moved to suspend all necessary rules to take up and consider at this time HRi332.
522 78th LEGISLATURE — THIRD CALLED SESSION
The motion prevailed without objection.
The following resolution was laid before the house:
HR 332, Commending District Attorney Ori T. White, 112th Judicial District.
HR 332 was adopted without objection.
HR 352 - ADOPTED
(by Dawson)
Representative Dawson moved to suspend all necessary rules to take up and consider at this time HRi352.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 352, Honoring the Pearland High School Oilers on the occasion of their homecoming game.
HR 352 was adopted without objection.
HR 317 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi317.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 317, Congratulating Luke Shipley on receiving the Presidential Student Service Award.
HR 317 was adopted without objection.
HR 318 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi318.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 318, Congratulating Liceth Castro on receiving the Presidential Student Service Award.
HR 318 was adopted without objection.
HR 319 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi319.
The motion prevailed without objection.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 523
The following resolution was laid before the house:
HR 319, Congratulating Brittany Tran on receiving the Presidential Student Service Award.
HR 319 was adopted without objection.
HR 320 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi320.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 320, Congratulating Sandra Velasquez on receiving the Presidential Student Service Award.
HR 320 was adopted without objection.
HR 321 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi321.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 321, Congratulating Sheree Tarver on receiving the Presidential Student Service Award.
HR 321 was adopted without objection.
HR 322 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi322.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 322, Congratulating Veronica Alarcon on receiving the Presidential Student Service Award.
HR 322 was adopted without objection.
HR 323 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi323.
The motion prevailed without objection.
The following resolution was laid before the house:
524 78th LEGISLATURE — THIRD CALLED SESSION
HR 323, Congratulating Vinay Shah on receiving the Presidential Student Service Award.
HR 323 was adopted without objection.
HR 324 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi324.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 324, Congratulating Brittney Portes on receiving the Presidential Student Service Award.
HR 324 was adopted without objection.
HR 325 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi325.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 325, Congratulating Helen Le on receiving the Presidential Student Service Award.
HR 325 was adopted without objection.
HR 326 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi326.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 326, Congratulating Lisibeth Ocampo on receiving the Presidential Student Service Award.
HR 326 was adopted without objection.
HR 327 - ADOPTED
(by Heflin)
Representative Heflin moved to suspend all necessary rules to take up and consider at this time HRi327.
The motion prevailed without objection.
The following resolution was laid before the house:
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 525
HR 327, Congratulating Paula Murillo on receiving the Presidential Student Service Award.
HR 327 was adopted without objection.
HR 303 - ADOPTED
(by Gattis)
Representative Gattis moved to suspend all necessary rules to take up and consider at this time HRi303.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 303, Commending William and Katherine Carssow on their commitment to public service.
HR 303 was adopted without objection.
HR 354 - ADOPTED
(by Pitts)
Representative Pitts moved to suspend all necessary rules to take up and consider at this time HRi354.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 354, In memory of Ronnie the "Blonde Bomber" Dawson of Dallas.
HR 354 was unanimously adopted by a rising vote.
HR 329 - ADOPTED
(by R. Cook)
Representative R. Cook moved to suspend all necessary rules to take up and consider at this time HRi329.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 329, In memory of Caroline Newhouse Lehrer of Garwood.
HR 329 was unanimously adopted by a rising vote.
HR 330 - ADOPTED
(by Isett)
Representative Isett moved to suspend all necessary rules to take up and consider at this time HRi330.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 330, Honoring Nolan E. Barrick on his 90th birthday.
HR 330 was adopted without objection.
526 78th LEGISLATURE — THIRD CALLED SESSION
HR 350 - ADOPTED
(by Callegari)
Representative Callegari moved to suspend all necessary rules to take up and consider at this time HRi350.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 350, Honoring Jennifer Lavers of Katy High School for her athletic accomplishments.
HR 350 was adopted without objection.
HR 312 - ADOPTED
(by Farrar)
Representative J. Moreno moved to suspend all necessary rules to take up and consider at this time HRi312.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 312, Commemorating the 25th anniversary of the Texas Council on Family Violence.
HR 312 was adopted without objection.
HR 313 - ADOPTED
(by Farrar)
Representative J. Moreno moved to suspend all necessary rules to take up and consider at this time HRi313.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 313, Honoring Chicas Calientes, Houston's first team of female firefighters qualified to compete at the national level of the Firefighter Combat Challenge.
HR 313 was adopted without objection.
HR 314 - ADOPTED
(by Farrar)
Representative J. Moreno moved to suspend all necessary rules to take up and consider at this time HRi314.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 314, Honoring the nine firefighters from the Houston Fire Department who will compete in the Firefighter Combat Challenge in Canada.
HR 314 was adopted without objection.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 527
HR 315 - ADOPTED
(by Farrar)
Representative J. Moreno moved to suspend all necessary rules to take up and consider at this time HRi315.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 315, Recognizing October 2003 as Domestic Violence Awareness Month.
HR 315 was adopted without objection.
HR 331 - ADOPTED
(by Naishtat)
Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HRi331.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 331, Honoring Dwayne "Sparky" Anderson for his contributions to Texas Clean Water Action.
HR 331 was adopted without objection.
HR 338 - ADOPTED
(by Corte)
Representative Mercer moved to suspend all necessary rules to take up and consider at this time HRi338.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 338, In memory of John E. "Jack" Field of Mansfield.
HR 338 was unanimously adopted by a rising vote.
HCR 31 - ADOPTED
(by Merritt)
Representative Merritt moved to suspend all necessary rules to take up and consider at this time HCRi31.
The motion prevailed without objection.
The following resolution was laid before the house:
HCR 31, Recognizing Neal McCoy of Longview.
HCR 31 was adopted without objection.
528 78th LEGISLATURE — THIRD CALLED SESSION
HR 308 - ADOPTED
(by Merritt)
Representative Merritt moved to suspend all necessary rules to take up and consider at this time HRi308.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 308, Honoring Hudson PEP Elementary School in Longview on being named a 2003 No Child Left Behind–Blue Ribbon School.
HR 308 was adopted without objection.
HR 307 - ADOPTED
(by Merritt)
Representative Merritt moved to suspend all necessary rules to take up and consider at this time HRi307.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 307, Recognizing C. G. Mata as Kilgore College's 2003 Ex-Student of the Year.
HR 307 was adopted without objection.
HR 306 - ADOPTED
(by Merritt)
Representative Merritt moved to suspend all necessary rules to take up and consider at this time HRi306.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 306, Recognizing Jim Miller as Kilgore College's Ex-Teacher of the Year.
HR 306 was adopted without objection.
HR 349 - ADOPTED
(by Casteel)
Representative Casteel moved to suspend all necessary rules to take up and consider at this time HRi349.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 349, In memory of Kay Harrison of New Braunfels.
HR 349 was unanimously adopted by a rising vote.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 529
HR 353 - ADOPTED
(by Hunter)
Representative Hunter moved to suspend all necessary rules to take up and consider at this time HRi353.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 353, Recognizing the release of "Medal of Honor," a book honoring recipients of the Medal of Honor, on November 8, 2003.
HR 353 was adopted without objection.
HR 300 - ADOPTED
(by Mabry)
Representative Mabry moved to suspend all necessary rules to take up and consider at this time HRi300.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 300, In memory of Gary William Schoenemann of Lorena.
HR 300 was unanimously adopted by a rising vote.
HR 351 - ADOPTED
(by Farabee)
Representative McReynolds moved to suspend all necessary rules to take up and consider at this time HRi351.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 351, Honoring Joel Jimenez on his receipt of the Combat Infantryman Badge.
HR 351 was adopted without objection.
HR 316 - ADOPTED
(by Farabee)
Representative McReynolds moved to suspend all necessary rules to take up and consider at this time HRi316.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 316, Honoring Charlye Ola Farris of Wichita Falls for her achievements as the first African American woman to be licensed to practice law in Texas.
HR 316 was adopted without objection.
530 78th LEGISLATURE — THIRD CALLED SESSION
HR 337 - ADOPTED
(by Farabee)
Representative McReynolds moved to suspend all necessary rules to take up and consider at this time HRi337.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 337, Honoring Ronald J. "Ron" Glenn of Wichita Falls on his retirement from the Red River Authority of Texas.
HR 337 was adopted without objection.
HR 345 - ADOPTED
(by Bohac)
Representative Bohac moved to suspend all necessary rules to take up and consider at this time HRi345.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 345, Honoring Spencer A. Machado of Houston for attaining the rank of Eagle Scout.
HR 345 was adopted without objection.
HR 346 - ADOPTED
(by Bohac)
Representative Bohac moved to suspend all necessary rules to take up and consider at this time HRi346.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 346, Honoring Joseph Hunt of Houston for attaining the rank of Eagle Scout.
HR 346 was adopted without objection.
HR 347 - ADOPTED
(by Bohac)
Representative Bohac moved to suspend all necessary rules to take up and consider at this time HRi347.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 347, Honoring Jo Ann Peschel of Houston for her 42-year career in Texas public education.
HR 347 was adopted without objection.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 531
HR 299 - ADOPTED
(by Giddings)
Representative Merritt moved to suspend all necessary rules to take up and consider at this time HRi299.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 299, Congratulating David Stephens and his staff at Millennium Motor Cars on the dealership's fourth anniversary.
HR 299 was adopted without objection.
(Speaker in the chair)
HOUSE AT EASE
At 5:27 p.m., the speaker announced that the house would stand at ease.
The speaker called the house to order at 8:54 p.m.
(Driver and Eiland now present)
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. 5).
Representative Wilson requested a roll call to determine if a quorum was present.
The motion was seconded.
The roll of the house was called and a quorum was not present (Record 53):
Present — Mr. Speaker; Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Canales; Casteel; Chavez; Chisum; Christian; Cook, B.; Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Driver; Eiland; Eissler; Flynn; Gattis; Geren; Giddings; Griggs; Grusendorf; Haggerty; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Laubenberg; Lewis; Luna; Madden; Marchant; McReynolds; Mercer; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pitts; Puente; Reyna; Riddle; Ritter; Rose; Seaman; Smith, W.; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wong; Woolley; Zedler.
Absent, Excused — Bailey; Denny; Elkins; Garza; Goodman; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Absent — Alonzo; Burnam; Capelo; Castro; Coleman; Corte; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Goolsby; Guillen; Gutierrez; Hamilton; Hochberg; Hodge;
532 78th LEGISLATURE — THIRD CALLED SESSION
CALL OF THE HOUSE ORDERED
Representative Wilson moved that the main entrance to the hall and all other doors leading out of the hall be locked and no member be permitted to leave the house without the written permission of the speaker and that a call of the house be ordered.
The motion was seconded.
A record vote was requested.
The motion for the call of the house prevailed by (Record 54): 74 Yeas, 10 Nays, 2 Present, not voting.
Yeas — Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Christian; Cook, B.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Driver; Eissler; Flynn; Gattis; Geren; Griggs; Grusendorf; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Laubenberg; Luna; Madden; Marchant; Mercer; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, W.; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wilson; Wohlgemuth; Wong; Woolley; Zedler.
Nays — Canales; Casteel; Cook, R.; Eiland; Giddings; Haggerty; Lewis; McReynolds; Puente; Rose.
Present, not voting — Mr. Speaker(C); Jones, D..
Absent, Excused — Bailey; Denny; Elkins; Garza; Goodman; Hopson; Jones, J.; Kuempel; Martinez Fischer; Moreno, P.; Oliveira; Smithee; Solomons; Thompson; Villarreal.
Absent — Alonzo; Burnam; Capelo; Castro; Chavez; Coleman; Corte; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Goolsby; Guillen; Gutierrez; Hamilton; Hochberg; Hodge; Homer; Laney; Mabry; McCall; McClendon; Menendez; Merritt; Moreno, J.; Naishtat; Noriega; Olivo; Peña; Pickett; Quintanilla; Raymond; Ritter; Rodriguez; Smith, T.; Solis; Telford; Turner; Uresti; Wise; Wolens.
HOUSE AT EASE
At 9:14 p.m., the speaker announced that the house would stand at ease pending the return of absent members.
The speaker called the house to order at 10:45 p.m.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 533
PROVIDING FOR ADJOURNMENT
Representative Wilson moved that, at the conclusion of the reading of proclamations by the governor, the house adjourn until 2 p.m. Sunday, Octoberi12 in memory of former State Representative Anita Hill, Mr. Rolland J. Elsworth, Jr., and Vanessa Gonzalez.
The motion prevailed without objection.
PROCLAMATIONS BY THE GOVERNOR
OF THE STATE OF TEXAS
The speaker laid before the house and had read the following proclamations by the governor:
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-EIGHTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state Constitution have placed the power to call the legislature into special session in the hands of the Chief Executive Officer of the State; and
WHEREAS, the members of the Seventy-Eighth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the Governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following additional matter to the Seventy-Eighth Texas Legislature, Third Called Session for consideration:
The subject as contained in the conference committee report for HB 3 relating to the composition of the districts for the election of members of the United States House of Representatives from the State of Texas, as reported from conference committee on Thursday, October 9, 2003.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 10th day of October, 2003.
Rick Perry
Governor of Texas
(SEAL)
Geoffrey S. Connor
Secretary of State
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-EIGHTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state Constitution have placed the power to call the legislature into special session in the hands of the Chief Executive Officer of the State; and
534 78th LEGISLATURE — THIRD CALLED SESSION
WHEREAS, the members of the Seventy-Eighth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the Governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following additional matter to the Seventy-Eighth Texas Legislature, Third Called Session for consideration:
The subject as contained in the conference committee report for HB 24 relating to appropriating the fees relating to the licensing and regulation of certain electricians collected by the Texas Department of Licensing and Regulation or the Texas Commission of Licensing and Regulation under HB 1487, Acts of the 78th Legislature, Regular Session, 2003, as the conference committee report for HBi24 was reported from conference committee on Thursday, October 9, 2003.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 10th day of October, 2003.
Rick Perry
Governor of Texas
(SEAL)
Geoffrey S. Connor
Secretary of State
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-EIGHTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state Constitution have placed the power to call the legislature into special session in the hands of the Chief Executive Officer of the State; and
WHEREAS, the members of the Seventy-Eighth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the Governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following additional matter to the Seventy-Eighth Texas Legislature, Third Called Session for consideration:
The subject as contained in the conference committee report for HB 1 relating to the dates of certain elections, the procedures for canvassing the ballots for an election, and the counting of certain ballots voted by mail, as reported from conference committee on Thursday, October 9, 2003.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 10th day of October, 2003.
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 535
Rick Perry
Governor of Texas
(SEAL)
Geoffrey S. Connor
Secretary of State
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-EIGHTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state Constitution have placed the power to call the legislature into special session in the hands of the Chief Executive Officer of the State; and
WHEREAS, the members of the Seventy-Eighth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the Governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following additional matter to the Seventy-Eighth Texas Legislature, Third Called Session for consideration:
The subject as contained in the conference committee report for HB 28 relating to state fiscal management, including various matters related to increasing administrative efficiency in state government, making related appropriations, as reported from conference committee on Thursday, October 9, 2003.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 10th day of October, 2003.
Rick Perry
Governor of Texas
(SEAL)
Geoffrey S. Connor
Secretary of State
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-EIGHTH TEXAS LEGISLATURE, THIRD CALLED SESSION:
WHEREAS, the people of Texas through their state Constitution have placed the power to call the legislature into special session in the hands of the Chief Executive Officer of the State; and
WHEREAS, the members of the Seventy-Eighth Texas Legislature, Third Called Session, have now convened to consider items presented to them by the Governor;
NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, by the authority vested in me by Article IV, Section 8 and Article III, Section 40 of the Texas Constitution, do hereby present the following additional matter to the Seventy-Eighth Texas Legislature, Third Called Session for consideration:
536 78th LEGISLATURE — THIRD CALLED SESSION
The subject as contained in the conference committee report for HB 7 relating to the organization, board membership, and functions of certain governmental agencies and to the transfer of certain functions to other governmental agencies, as reported from conference committee on Thursday, October 9, 2003.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 10th day of October, 2003.
Rick Perry
Governor of Texas
(SEAL)
Geoffrey S. Connor
Secretary of State
ADJOURNMENT
In accordance with a previous motion, the house, at 10:49 p.m., adjourned until 2 p.m. Sunday, October 12.
AAAAAADDENDUMAAAAA
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 4
HCRi3, HCRi4, HCRi6, HCRi11, HCRi13, HCRi23, HCRi24, HCRi25
Senate List No. 3
SCRi5
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
Friday, October 10, 2003
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 537
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:
| HCR 5 | Davis, John | SPONSOR: Jackson |
Commending the achievements of the Honorable Miguel Aleman Velazco, governor of Veracruz, Mexico.
| HCR 7 | Davis, John | SPONSOR: Jackson |
Commending the achievements of the Honorable Enrique Martinez y Martinez, governor of the State of Coahuila, Mexico.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, October 10, 2003 - 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:
| HCR 10 | Christian | SPONSOR: Staples |
Designating the East Texas What-A-Melon Festival as the Official Watermelon Festival of the State of Texas.
| HCR 26 | Wilson | SPONSOR: Deuell |
Declaring October 2, 2003, to be Lisa Marie Presley Day in Texas.
| HCR 29 | Harper-Brown | SPONSOR: Shapiro |
Honoring AAA Texas on the opening of its new Texas regional headquarters in Irving.
| SCR 5 | Averitt |
Recognizing Baylor University for the contributions of its students, alumni, and faculty to the state.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
538 78th LEGISLATURE — THIRD CALLED SESSION
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, October 10, 2003 - 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:
| HCR 14 | Gallego | SPONSOR: Madla |
Honoring Allen Martin for his contributions to Texas music.
| HCR 18 | Davis, John | SPONSOR: Jackson |
Honoring Fernando Elizondo Barragan, governor of the State of Nuevo Leon, Mexico.
| HCR 28 | Craddick | SPONSOR: Bivins |
Honoring Sheriff Gary Painter of Midland for his exceptional public service.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 4
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, October 10, 2003 - 4
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:
| HCR 20 | Lewis | SPONSOR: Brimer |
In memory of Dovie Jean Webber of Fort Worth.
| HCR 21 | Lewis | SPONSOR: Brimer |
Honoring the life of Nadine Lois Spencer Cary of Fort Worth.
| HCR 22 | Lewis | SPONSOR: Brimer |
Recognizing the creation of the Hazel Harvey Peace Professorship in children's library services at the University of North Texas.
| HCR 27 | Canales | SPONSOR: Madla |
Friday, October 10, 2003 HOUSE JOURNAL — 11th Day 539
Honoring the life of Henry F. Molina of San Antonio.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 5
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, October 10, 2003 - 5
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 ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 1 | (19 Ayes, 12 Nays) |
| HB 7 | (21 Ayes, 10 Nays) |
Postponed consideration of HBi3, HBi24, and HBi28 until 8:15 p.m., Friday, October 10, 2003.
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
October 9
State Affairs - HJRi3
ENGROSSED
October 8 - HBi66
540 78th LEGISLATURE — THIRD CALLED SESSION