SEVENTY-EIGHTH LEGISLATURE, FOURTH CALLED SESSION
PROCEEDINGS
SIXTH DAY — TUESDAY, MAY 11, 2004
The house met at 10 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Recordi37).
Present — Mr. Speaker; Allen; Alonzo; Bailey; 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; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Escobar; Farabee; Farrar; Flores; Flynn; Gallego; Garza; Gattis; Geren; Giddings; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega; Olivo; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Stick; Swinford; Talton; Taylor; Telford; Thompson; Truitt; Turner; Uresti; Van Arsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wong; Woolley; Zedler.
Absent, Excused — Gutierrez; Homer; Oliveira; Reyna; Wolens.
Absent — Canales; Crownover; Hartnett.
The invocation was offered by Lt. Col. Stephen Vaughn, state chaplain, Deputy Joint Forces Headquarters, Florence, as follows:
Holy Father, we come in this moment to acknowledge that unless you built the house, we labor in vain. Therefore, we humbly ask that you would grant wisdom to this body, give them the discernment to make the right decisions, the courage to stand by their convictions, and the spirit to work for the betterment of the people of Texas.
What is done here today will affect our children and our grandchildren, so therefore, Father, let us enter into the day's work with gratefulness for the opportunity to improve lives and the humbleness to seek your guidance.
We ask that you would bless our nation, our governor, and our president. In your name we ask. Amen.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business:
Wolens on motion of Gallego.
The following members were granted leaves of absence for today because of illness:
Gutierrez on motion of Gallego.
Reyna on motion of Keel.
The following members were granted leaves of absence for today because of important business in the district:
Homer on motion of Farabee.
Oliveira on motion of Noriega.
CAPITOL PHYSICIAN
The speaker recognized Representative Phillips who presented Dr. Enrique Muyshondt of Sherman as the "Doctor for the Day."
The house welcomed Dr. Muyshondt 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 JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Corte on motion of Chisum.
24-HOUR POSTING RULE SUSPENDED
Representative Keel moved to suspend the 24-hour posting rule to allow the Committee on Sex Offenders Statutes, Select to meet in a public hearing upon adjournment in E2.012.
The motion prevailed without objection.
230 78th LEGISLATURE — FOURTH CALLED SESSION
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Sex Offenders Statutes, Select, upon adjournment today, E2.012, for a public hearing.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of illness:
Guillen on motion of McClendon.
(Crownover now present)
(Edwards in the chair)
CONGRATULATORY AND MEMORIAL CALENDAR
The following congratulatory resolutions were laid before the house:
HCR 2 (by J. Davis), Honoring Larry Forehand on the 30th anniversary of his Casa Olé restaurant chain.
HCR 3 (by Eissler), Congratulating Weldon Willig on being named the Schutt Sports Southwest Region National Coach of the Year.
HCR 4 (by Nixon), Honoring John McDivitt of Houston on his retirement from the American Red Cross.
HCR 6 (by Craddick), Honoring James Ellis "Jim" Hall and his Chaparrals for their motor sports accomplishments.
HCR 8 (by Bonnen), Designating September 2004 as Leukemia and Lymphoma Awareness Month in Texas.
HCR 9 (by Burnam), Designating May 24, 2004, as Aviation Maintenance Technician Day in Texas.
HCR 10 (by Campbell), Designating Snyder as the Land of the White Buffalo.
HCR 13 (by Driver), Honoring the Coyle Middle School Band of the Garland Independent School District on its receipt of the Sudler Silver Cup award for 2003.
HCR 16 (by T. Smith), Commemorating the centennial of First Baptist Church Euless.
HCR 17 (by Isett, et al.), Honoring the Shallowater High School girls' basketball team for winning the 2003-2004 UIL Class 2A state championship.
HCR 18 (by Isett), Honoring the Shallowater High School boys' basketball team for winning the 2004 UIL Class 2A state championship.
HR 1 (by Eissler), Honoring Bob Lewis on his retirement from Chicago Bridge and Iron Company.
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 231
HR 3 (by Mercer), Honoring The University of Texas at San Antonio men's basketball team for winning the 2003-2004 Southland Conference championship.
HR 7 (by Eissler), Paying tribute to the Honorable Frank M. Parker III on the occasion of his retirement as mayor of the city of Magnolia.
HR 10 (by Lewis), Honoring Dr. Mary L. Thomas of Austin for her dedication to education in Texas.
HR 11 (by Dutton), Honoring the Reverend Byrd Lacey, Jr., for his 50 years of religious service.
HR 12 (by Hill, et al.), Honoring Dr. Carolyn Bukhair on her retirement as superintendent of the Richardson Independent School District.
HR 13 (by Hill, et al.), Honoring The University of Texas at Dallas chess team for winning the Pan American Intercollegiate Team Chess Championship.
HR 14 (by Krusee), Recognizing the opening of the Blood Center at Round Rock.
HR 15 (by Goolsby), Recognizing June 21-25, 2004, as National Healthcare Risk Management Week.
HR 16 (by Goolsby), Recognizing April 25-May 1, 2004, as National Infant Immunization Week in Texas.
HR 18 (by Goolsby), Honoring Harlan "Jim" Berger, outgoing president of the Independent Insurance Agents of Texas.
HR 19 (by Hilderbran), Honoring Texas football legend Sammy Baugh on his 90th birthday.
HR 30 (by Bonnen), Congratulating Marisol DeLeon on being selected as the Boys & Girls Club of Brazoria County 2004 Youth of the Year.
HR 32 (by Wise), Honoring John and Elsie Nutt of Mercedes on their 74th wedding anniversary.
HR 33 (by Wise), Honoring Howdy Smith of Weslaco for his service to the community.
HR 36 (by Puente), Honoring Texas Ranger Senior Captain and Chief C. J. Havrda on his retirement from the Texas Department of Public Safety.
HR 39 (by Gallego), Honoring Simón René Ramón on the occasion of his retirement from Del Rio Freshman School.
HR 45 (by Naishtat), Honoring Scott Stewart for his leadership as president of the Student Government Association at Austin Community College.
HR 46 (by Hughes), Honoring Pete Gipson on his retirement from the Texas Farm Bureau.
HR 47 (by Hughes), Honoring James Richard Hanking on his retirement as Camp County Republican Party chairman.
232 78th LEGISLATURE — FOURTH CALLED SESSION
HR 48 (by Pickett, P. Moreno, Haggerty, Chavez, and Quintanilla), Recognizing April 2004 as UTEP Heritage Month.
HR 49 (by Hopson), Congratulating Brady Eugene and Jeana Renee' Brooks on the birth of their son, Charles Pierce "Chase" Brooks.
HR 50 (by Wise), Congratulating Rolando Segura on his promotion to the position of department manager of Weslaco's Mid-Valley Town Crier.
HR 51 (by Wise), Congratulating Adam Rodriguez on his promotion to the position of department manager at Weslaco's Mid-Valley Town Crier.
HR 52 (by Wise), Honoring Yuval Clayton of Weslaco.
HR 53 (by Wise), Honoring Jerry Jackson of Pharr for his contributions to his community.
HR 54 (by Wise), Honoring Joey Alaniz of Weslaco for attaining the rank of Eagle Scout.
HR 55 (by Wise), Commending Junior Girl Scout Bianca Pedraza of Mercedes for selling more than 1,000 boxes of Girl Scout cookies.
HR 56 (by Wise), Commemorating the opening of the Ant Hill Café at Progreso High School.
HR 57 (by Wise), Congratulating Haskel and Claudia Knight on the opening of Mid-Valley Sports in Weslaco.
HR 60 (by Stick), Congratulating Dr. Marcus Nelson on his selection as the director of secondary education for the Austin Independent School District.
HR 61 (by Stick), Honoring Donna Stockton-Hicks for her selection as the Junior League of Austin's 2003-2004 Volunteer Extraordinaire.
HR 62 (by Stick), Commending Parmer Lane Elementary School in Pflugerville for exceptional achievements in writing.
HR 63 (by Stick), Commending Park Crest Middle School of Pflugerville for exceptional achievements in writing.
HR 64 (by Stick), Commending Westview Middle School of Pflugerville for exceptional achievements in reading.
HR 65 (by Stick), Congratulating Jerry Patterson, commissioner of the General Land Office, and his wife, Jennifer, on the birth of their twins, Samantha and Cole Patterson.
HR 68 (by Gallego), Honoring the Alpine Community Credit Union on its 50th anniversary.
HR 69 (by Flynn), Honoring the Tawakoni Area Public Library on its 20th anniversary.
HR 70 (by Hunter), Recognizing February 19, 2005, as The Great Texas Blood Donor Roundup Day.
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 233
HR 71 (by Dutton), Honoring Betty Hamilton Crawford on her retirement from the North Forest Independent School District.
HR 72 (by Dutton), Recognizing the Northwest Preparatory Academy Charter School's third annual Eighth Grade Promotion Exercises.
HR 75 (by Puente), Honoring J. J. Amaro for his contributions as a board member of the San Antonio Water System.
HR 76 (by Wise), Congratulating Michael Nieto of Weslaco on his receipt of The University of Texas Pan American-Baylor College of Medicine Pre-Medical Honors College scholarship.
HR 77 (by Wise), Congratulating Olga Cerda on her promotion to the position of department manager at Weslaco's Mid-Valley Town Crier.
HR 78 (by Wise), Recognizing Virginia Allain on her retirement after nine years of service as Weslaco Public Library director.
HR 79 (by Wise), Congratulating Lupe Garcia, Jr., on his promotion to department manager with the Mid-Valley Town Crier.
HR 80 (by Craddick), Congratulating Clarence and Dorothy Scharbauer of Midland on their receipt of the Boss of the Plains Award from the National Ranching Heritage Center.
HR 81 (by Craddick), Honoring Charlie Elliott as he retires as minister of activities from First Baptist Church in Midland.
HR 83 (by Craddick), Honoring Don and Betty Ewan of Midland on their 50th wedding anniversary.
HR 84 (by Craddick), Recognizing Max A. Schumann, Jr., as the oldest registered professional land surveyor in the State of Texas.
HR 85 (by Callegari), Congratulating Casey Nicole Conrad of Katy for being named a statewide winner in the Patriot's Pen youth essay contest sponsored by the Veterans of Foreign Wars.
HR 86 (by Callegari), Honoring Carol Adams for receiving the 2003 Volunteer of the Year Award from the Katy Area Chamber of Commerce.
HR 87 (by Callegari), Congratulating Tradition Bank as the 2003 Katy Business of the Year.
HR 88 (by Callegari), Honoring Dr. Leonard Merrell for his selection as the Katy Area Chamber of Commerce 2003 Citizen of the Year.
HR 89 (by Callegari), Congratulating the Katy High School football team for winning the 2003 UIL Class 5A Division II state championship.
HR 90 (by Callegari), Honoring the James E. Taylor High School Mustangs tennis team for winning the 2002 UIL Class 5A team tennis state title.
HR 91 (by Madden), Commending Kelly Widder of Weatherford Elementary School in Plano on winning first-place honors in the Texas Geography Awareness Week Poster Contest.
234 78th LEGISLATURE — FOURTH CALLED SESSION
HR 92 (by Madden), Commending Mitchell Pavel of Weatherford Elementary School in Plano on winning first-place honors in the Texas Geography Awareness Week Poster Contest.
HR 93 (by Ritter), Congratulating Joe Domino of Beaumont on receiving the 2004 Distinguished Citizen Award from the Three Rivers Council of the Boy Scouts of America.
HR 96 (by Chavez), Honoring Nancy Arroyo of Riverside High School in El Paso for earning the Presidential Award for Excellence in Mathematics and Science Teaching.
HR 97 (by Paxton), Honoring students at Claude Curtsinger Elementary School in Frisco for their participation in Space Day 2004.
HR 98 (by Dunnam), Honoring Madison County on its sesquicentennial.
HR 99 (by Dunnam), Honoring the town of Westphalia on the 125th anniversary of its founding.
HR 100 (by Dunnam), Honoring Marian Anderson High School in Madisonville on the occasion of the dedication of a Texas historical marker.
HR 101 (by Zedler), Congratulating Adam Glen Meyers on attaining the rank of Eagle Scout.
HR 102 (by Seaman), Honoring Charlie Marshall for his 45 years of service on the Aransas Pass Independent School District board of trustees.
HR 105 (by Baxter), Recognizing May 2-8, 2004, as North American Occupational Safety and Health Week.
HR 107 (by Harper-Brown), Honoring J. Ralph Ellis, Jr., of Irving for his significant contributions to the community.
HR 109 (by Hughes), Honoring Kevin Engle on the 10th anniversary of his tenure as executive director of Stewards Foundation.
HR 124 (by Rose), Congratulating Robert Leon Elder for being named the 2003 Outstanding Older Worker of Texas.
HR 125 (by Hopson and B. Cook), Recognizing Robert J. Parker and the staff of the Texas Department of Criminal Justice Region II Golf Tournament.
HR 127 (by Rose), Honoring the Wimberley High School Lady Texans volleyball team for winning the 2003 UIL Class 3A state volleyball championship.
HR 128 (by Rose), Thanking Emmett and Miriam McCoy for their gift of $20 million to Texas State University–San Marcos.
HR 129 (by Mabry), Honoring Chris Porter for receiving the 2004 Super Centex Boys' Soccer Player of the Year award.
HR 132 (by Mabry), Honoring the Baylor University Lady Bears for advancing to the Sweet 16 of the NCAA Division I Women's Basketball Championships.
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 235
HR 133 (by Mabry), Honoring the Baylor Round Table on its centennial.
HR 134 (by Mabry), Honoring the 2004 Midway High School girls soccer team on its outstanding season.
HR 94 (by Allen), Honoring U.S. soldier Michael Ray Hawk for his outstanding service to his country.
HR 126 (by Rose), Honoring PFC Mark Davenport of Wimberley for his valor in Iraq.
HR 135 (by Isett), Honoring Sergeant Joshua Benjamin Kelley for his service to his country.
The resolutions were adopted without objection.
The following memorial resolutions were laid before the house:
HCR 5 (by Lewis), Honoring the life of Viola Pitts of Fort Worth.
HCR 15 (by Lewis), Honoring the life of Dorothy Ruth Thompson of Fort Worth.
HR 2 (by Martinez Fischer), In memory of Viola Campos of San Antonio.
HR 5 (by Burnam), In memory of Viola Pitts of Fort Worth.
HR 8 (by Hilderbran), In tribute to the life of Dr. Patricia Strickbine Van Reet of Kerrville.
HR 9 (by Hilderbran), In memory of Walter B. Hailey, Jr., of Hunt.
HR 17 (by Goolsby), In memory of Margaret Cathleen McGee Scheurer.
HR 20 (by Hilderbran), In memory of John Doyle Bain of Kerrville.
HR 22 (by Hilderbran), In memory of Billy Frank Blaylock of Eldorado.
HR 23 (by Hilderbran), In memory of Kennith Richardson of Eldorado.
HR 24 (by Hilderbran), In memory of Mary Ruth Simpson Robinson of Eldorado.
HR 25 (by Hilderbran), In memory of Delia Flores Pina of Eldorado.
HR 26 (by Hilderbran), In memory of Domingo Lopez Pina of Eldorado.
HR 27 (by Hilderbran), In memory of Betty Richardson of Eldorado.
HR 28 (by Gattis), Honoring the life of JoEarl Morris of Georgetown.
HR 31 (by Hilderbran), In memory of Sam Phillips Braswell of Kerrville.
HR 34 (by Gallego), In memory of Robert F. Buckner of Austin.
HR 40 (by Gallego), In memory of Dr. Paul E. "Red" Pierce of Alpine.
HR 41 (by Gallego, Krusee, and Stick), In memory of Dennis Ray Garza of Round Rock.
HR 42 (by Gallego), Honoring the life of Dr. Marcelino Abelardo "Abe" Baeza of Alpine.
236 78th LEGISLATURE — FOURTH CALLED SESSION
HR 43 (by Gallego), In memory of retired Colonel Ernest "Ernie" Lee Worley, Jr. of Del Rio.
HR 44 (by Gallego), Honoring the life of Tom Hugh Stovell.
HR 58 (by Mabry and Dunnam), In memory of Aaron Hoppenstein of Waco.
HR 59 (by Pitts), In memory of former Mayor David B. McCall, Jr., of Plano.
HR 82 (by Craddick), In memory of the Reverend Monsignor Timothy J. Murphy of Midland.
HR 95 (by Ellis), In memory of Detective Don Palmer of Liberty.
HR 103 (by Baxter), In memory of Dr. W. Neal Kocurek of Austin.
HR 104 (by Baxter), In memory of the Honorable Waggoner Carr of Austin.
HR 106 (by Goolsby), In memory of John Dudley Rutland.
HR 130 (by Gallego), In memory of Judge Paul McCollum of Odessa.
HR 131 (by Mabry), In memory of Margaret Phillips Pakis of Waco.
HR 6 (by Peña), Honoring the life of United States Marine Dustin Michael Sekula.
HR 21 (by Hilderbran), In memory of Pfc. Cody J. Orr of Kerrville.
HR 29 (by Gattis), In memory of Sergeant First Class Nathan Ross Chapman.
HR 35 (by Gattis), Honoring the life of United States Marine Ricky Morris, Jr.
HR 37 (by Campbell), In memory of Lance Corporal Elias Torrez III of Veribest.
HR 66 (by Peña), In memory of Sergeant Christopher Ramirez of McAllen.
HR 73 (by West), Honoring the life of U.S. Marine Corporal Daniel Amaya of Odessa.
HR 74 (by B. Brown), In memory of Sgt. Gerardo Moreno of Terrell.
HR 144 (by Canales), Honoring the life of U.S. Marine Ruben Valdez, Jr.
HR 108 was withdrawn.
The resolutions were unanimously adopted by a rising vote.
HR 210 - ADOPTED
(by McReynolds)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi210.
The motion prevailed without objection.
The following resolution was laid before the house:
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 237
HR 210, In memory of Chief Warrant Officer 3 Wesley Charles Fortenberry of Troy.
HR 210 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi210 as signers thereof.
HR 232 - ADOPTED
(by Craddick)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi232.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 232, In memory of Private First Class Clayton Welch Henson of Stanton.
HR 232 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi232 as signers thereof.
HR 233 - ADOPTED
(by Craddick)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi233.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 233, In memory of U.S. Army Specialist Robert Ray Arsiaga of Midland.
HR 233 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi233 as signers thereof.
HR 234 - ADOPTED
(by B. Brown)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi234.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 234, In memory of Lance Corporal Kyle Dwayne Crowley of San Ramon, California.
HR 234 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi234 as signers thereof.
238 78th LEGISLATURE — FOURTH CALLED SESSION
HR 242 - ADOPTED
(by Hupp)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi242.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 242, In memory of Vernon Gaston of Lampasas.
HR 242 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi242 as signers thereof.
HR 244 - ADOPTED
(by Christian)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi244.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 244, In memory of U.S. Army Specialist Larry E. Polley, Jr., of Center.
HR 244 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi244 as signers thereof.
HR 253 - ADOPTED
(by Merritt)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi253.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 253, In memory of U.S. Army Private First Class Stephen Eugene Wyatt of Kilgore.
HR 253 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi253 as signers thereof.
HR 254 - ADOPTED
(by Gallego and Hilderbran)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi254.
The motion prevailed without objection.
The following resolution was laid before the house:
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 239
HR 254, In memory of Sergeant William Cody Eckhart of Rocksprings.
HR 254 was unanimously adopted by a rising vote.
On motion of Representative Geren, the names of all the members of the house were added to HRi254 as signers thereof.
HOUSE AT EASE
At 10:58 a.m., the chair announced that the house would stand at ease.
The chair called the house to order at 11:04 a.m.
MEMORIAL TRIBUTE FOR FALLEN SOLDIERS
The house and gallery rose for the posting of the colors and the pledges of allegiance to the United States and Texas flags.
Kim Thomsen sang the national anthem.
HR 241 - ADOPTED
(by Miller, Hupp, Delisi, et al.)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi241.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 241
WHEREAS, Words cannot adequately convey the deep sorrow felt by all Americans over the many courageous soldiers from Fort Hood who have lost their lives through service in Iraq; and
WHEREAS, Facing the terrible ravages of war, these men and women remained steadfast in their commitment to their mission and to their comrades; though their lives were cut tragically short, they had already shown themselves equal to the severest tests, and their bravery and resolve reflected great honor on themselves, their families, and the service whose uniform they wore; and
WHEREAS, Those soldiers from Fort Hood who had died in Iraq or sustained mortal injuries there, as of May 2, 2004, are Osbaldo Orozco; Narson Sullivan; Rasheed Sahib; Nathaniel Caldwell; Kenneth Bradley; Atanacio Haromarin; Jesse Halling; Christian C. Schultz; Daniel K. Methvin; Jonathan P. Barnes; Wilfredo Perez, Jr.; Leif Nott; Matthew D. Bush; Steven W. White; Sean K. Cataudella; Richard Arriaga; Anthony O. Thompson; James C. Wright; Robert L. Lucero; James D. Blankenbecler; Analaura Esparza-Gutierrez; James H. Pirtle; Joseph C. Norquist; James E. Powell; Donald L. Wheeler, Jr.; John R. Teal; Artimus D. Brassfield; Steven Acosta; Michael P. Barrera; Isaac Campoy; Karina S. Lau; Anthony D. D'Agostino; Frances M. Vega; Rayshawn S. Johnson; Genaro Acosta; Alexander S. Coulter; Scott M. Tyrrell; George A. Wood; Eddie E. Menyweather; Clarence E. Boone; Gregory B. Hicks; Edmond L. Randle; Larry E. Polley, Jr.; Cody J. Orr; Gabriel T. Palacios; James D. Parker; Ervin Dervishi; Jason K. Chappell; Randy S. Rosenberg; William R. Sturges; Juan C. Cabral; Holly J. McGeogh; Eliu A. Miersandoval; Roger C. Turner, Jr.; Henry A.
240 78th LEGISLATURE — FOURTH CALLED SESSION
WHEREAS, Imbued with a love of their country and a deep devotion to the ideals of freedom and democracy, these men and women represented the best of this nation, and the thoughts and prayers of their fellow citizens go out to all who mourn their untimely passing; now, therefore, be it
RESOLVED, That the House of Representatives of the 78th Texas Legislature, 4th Called Session, hereby pay special tribute to all those soldiers from Fort Hood who have given their lives through service in Iraq and extend deepest sympathy to the families and friends who will forever cherish their memory.
HR 241 was read and was unanimously adopted by a rising vote.
On motion of Representatives Berman, Delisi, Hupp, Isett, Miller, and Noriega, the names of all the members of the house were added to HRi241 as signers thereof.
HR 248 - ADOPTED
(by Hamric, et al.)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HRi248.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 248
WHEREAS, Words cannot adequately convey the deep sorrow felt by all Americans over the many courageous soldiers from Fort Hood who have lost their lives through service in Iraq; and
WHEREAS, Facing the terrible ravages of war, these men and women remained steadfast in their commitment to their mission and to their comrades; though their lives were cut tragically short, they had already shown themselves equal to the severest tests, and their bravery and resolve reflected great honor on themselves, their families, and the service whose uniform they wore; and
WHEREAS, Those soldiers from Fort Hood who had died in Iraq or sustained mortal injuries there, as of May 2, 2004, are Osbaldo Orozco; Narson Sullivan; Rasheed Sahib; Nathaniel Caldwell; Kenneth Bradley; Atanacio Haromarin; Jesse Halling; Christian C. Schultz; Daniel K. Methvin; Jonathan P. Barnes; Wilfredo Perez, Jr.; Leif Nott; Matthew D. Bush; Steven W. White; Sean K. Cataudella; Richard Arriaga; Anthony O. Thompson; James C. Wright; Robert L. Lucero; James D. Blankenbecler; Analaura Esparza-Gutierrez; James H. Pirtle;
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 241
WHEREAS, Imbued with a love of their country and a deep devotion to the ideals of freedom and democracy, these men and women represented the best of this nation, and the thoughts and prayers of their fellow citizens go out to all who mourn their untimely passing; now, therefore, be it
RESOLVED, That the House of Representatives of the 78th Texas Legislature, 4th Called Session, hereby pay special tribute to all those soldiers from Fort Hood who have given their lives through service in Iraq and extend deepest sympathy to the families and friends who will forever cherish their memory.
WHEREAS, Texans, and indeed all Americans, are deeply indebted to this country's military personnel, who through the years have brought to their endeavors an exceptional degree of courage, idealism, and professionalism, and we recognize that these admirable men and women too often face the ultimate sacrifice in the course of carrying out their arduous missions; and
WHEREAS, The United States Department of Defense has reported, as of May 8, 2004, the names of 85 men and women from Texas who have died in Operation Enduring Freedom and Operation Iraqi Freedom; these individuals are being mourned by families, friends, and communities across the State of Texas; and
WHEREAS, Those lost in Operation Enduring Freedom are Sergeant First Class Nathan Chapman; Staff Sergeant Brian Craig; Specialist Rodrigo Gonzalez-Garza; Sergeant First Class John Taylor; Technical Sergeant John Chapman; Airman First Class Raymond Losano; and Staff Sergeant John Teal; and
WHEREAS, Texans lost in Operation Iraqi Freedom are Corporal Daniel Amaya; Specialist Edward Anguiano; Chief Warrant Officer Andrew Todd Arnold; Specialist Richard Arriaga; Specialist Robert Arsiaga; Lance Corporal Aaron Austin; Private First Class Chad Bales; Sergeant Michael Paul Barrera; Chief Warrant Officer Michael Blaise; Captain Ernesto Blanco; Chief Warrant Officer Clarence Boone; Specialist Phillip Brown; Specialist Adolf Carballo;
242 78th LEGISLATURE — FOURTH CALLED SESSION
WHEREAS, Our state and nation are fortunate to have men and women whose love of country leads them to military service, yet the deaths of these brave Texans are a sobering reminder that war is not without great and terrible cost; it is fitting that we acknowledge the immeasurable sacrifice rendered by these, our fellow citizens, and that we honor, preserve, and perpetuate their memory; now, therefore, be it
RESOLVED, That the House of Representatives of the 78th Texas Legislature, 4th Called Session, hereby pay special tribute to the Texans who have given their lives in Operation Enduring Freedom and Operation Iraqi Freedom and that deepest sympathy be extended to those who will forever carry them in their hearts.
HR 248 was read and was unanimously adopted by a rising vote.
On motion of Representatives Berman, Delisi, Hupp, Isett, Miller, and Noriega, the names of all the members of the house were added to HRi248 as signers thereof.
The chair recognized Lt. Col. Stephen Vaughn, state chaplain, Deputy Joint Forces Headquarters, who offered the benediction, as follows:
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 243
Father, we come before you fully recognizing the solemnity of this event. One cannot help but feel how precious these moments are to you also, for freedom is something you put into your creation from the day you created us. But that freedom has been costly. Those herein mentioned not only paid the ultimate sacrifice for our freedoms, but they were willing to pay that price that others might be free as well. It is said in holy writ, "Greater love hath no man than this, that a man lay down his life for his friends." These have laid down their lives not just for their friends but also for those whom they had never met. Therefore, we conclude that this time of remembrance must be a time of solemnity, a time of gratefulness, and a time of humbleness.
We ask in this remembrance that you would comfort the families of those who have paid this sacrifice. May they find strength in your arms and encouragement in knowing their loved one was a true Texas hero. May the freedoms that our children and grandchildren enjoy be a testimony to the worthiness of the sacrifice these have made. May we never forget those who have sacrificed so much.
And finally, Father, we ask for your hand of safety to be on those who still serve in harm's way. We ask that you would protect them, keep them, and return them to their loved ones. Strengthen their hearts today. May they know that our spirit is with them.
We ask that you would bless our nation, bless our leadership, and Father, God bless Texas! In your name we ask. Amen.
Taps was sounded by Sgt. Christopher Holland, U.S. Army.
Representative Edwards announced that the memorial tribute was completed.
(Speaker in the chair)
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
Urban Affairs, upon adjournment today, Desk 48, for a formal meeting, to consider HB 39.
Appropriations, Subcommittee on General Government, 10 a.m. May 12, E1.030, for a public hearing, to consider the Texas Department of Transportation.
MOTION TO ADD NAMES
On motion of Representative Gallego, the names of all the members of the house were added to HRi34, HRi39, HRi40, HRi41, HRi42, HRi43, HRi44, HRi68, and HRi130 as signers thereof.
ADJOURNMENT
Representative Morrison moved that the house adjourn until 10 a.m. Friday, May 14 in memory of Darrell Keith Davis, II of Austin, son of Willie Mae Davis.
The motion prevailed without objection.
The house accordingly, at 11:53 a.m., adjourned until 10 a.m. Friday, Mayi14.
244 78th LEGISLATURE — FOURTH CALLED SESSION
AAAAAADDENDUMAAAAA
REFERRED TO COMMITTEES
The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:
List No. 1
HB 67 (By Hilderbran), Relating to compliance by political subdivisions with unfunded legislative mandates.
To State Affairs.
HB 72 (By Driver), Relating to the licensing and regulation of certain electricians.
To Licensing and Administrative Procedures.
HB 73 (By Hilderbran), Relating to enhanced retirement benefits for certain members of the Teacher Retirement System of Texas.
To Pensions and Investments.
HB 74 (By Turner), Relating to the term of the exemption from ad valorem taxation for certain property owned by a religious organization for purposes of expanding a religious facility or constructing a new religious facility.
To Ways and Means.
HB 75 (By Turner), Relating to an exception to the 72-hour waiting period for a marriage ceremony for certain individuals.
To Juvenile Justice and Family Issues.
HJR 14 (By Hilderbran), Proposing a constitutional amendment providing that political subdivisions are exempt from unfunded legislative mandates.
To State Affairs.
HR 205 (By Hughes), Honoring Eugene and Frances Belk on their 70th wedding anniversary.
To Rules and Resolutions.
HR 206 (By Garza), Designating the "El Camino Real Travel Trail" for House District 80 and Middle Rio Grande Development Council counties.
To Rules and Resolutions.
HR 207 (By McClendon), Honoring the Texas Children's Choir.
To Rules and Resolutions.
HR 208 (By Raymond), Honoring the Laredo Bucks hockey team for winning the 2003-2004 Central Hockey League President's Cup Finals.
To Rules and Resolutions.
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 245
HR 209 (By McReynolds), Honoring B. L. DeBerry on his 90th birthday.
To Rules and Resolutions.
HR 211 (By Giddings), Honoring Ron Josselet of Austin on the occasion of his retirement as executive director of the State Office of Risk Management.
To Rules and Resolutions.
HR 212 (By Mercer), Commending Ann-Marie Saleh of Lamesa on winning the title of Miss West Texas 2004.
To Rules and Resolutions.
HR 213 (By Dutton), Honoring the life of Ben C. "Captain Benny" Hienemann of Houston.
To Rules and Resolutions.
HR 214 (By Dutton), Honoring Pastor Dalton W. Glenn, Jr., of Houston on his installation as senior pastor of Morning Star Full Gospel Baptist Church.
To Rules and Resolutions.
HR 215 (By Dutton), Honoring Jimmy Wynn for his career achievements in professional baseball.
To Rules and Resolutions.
HR 216 (By Dutton), Honoring A. Jo Baylor for her receipt of the Government Achievement Award from the National Federation of Black Women Business Owners.
To Rules and Resolutions.
HR 217 (By Dutton), Congratulating Dr. Margaret L. Forde on her recognition by the Acres Home Citizens Chamber of Commerce.
To Rules and Resolutions.
HR 218 (By Dutton), In memory of J. Harold Brooks of Houston.
To Rules and Resolutions.
HR 219 (By Dutton), Honoring the Phillis Wheatley Class of 1954 of Houston.
To Rules and Resolutions.
HR 220 (By Dutton), Recognizing the 113th anniversary of First Shiloh Missionary Baptist Church of Houston.
To Rules and Resolutions.
HR 221 (By Dutton), Commemorating the 20th anniversary of the Fifth Ward Enrichment Program.
To Rules and Resolutions.
HR 222 (By Dutton), Congratulating Billie Bean Briggs on earning the Milken Family Foundation 2003 National Educator Award.
To Rules and Resolutions.
HR 223 (By Hartnett), Honoring Rodney J. Walter for his dedication to the students of Cistercian Preparatory School in Irving.
To Rules and Resolutions.
246 78th LEGISLATURE — FOURTH CALLED SESSION
HR 224 (By Baxter), Honoring the memory of Colonel Thomas Jonathan Jackson Christian, Jr., with a monument dedication ceremony at the Texas State Cemetery on May 31, 2004.
To Rules and Resolutions.
HR 225 (By Baxter), Honoring the life of Gary Jones of San Angelo.
To Rules and Resolutions.
HR 226 (By Dutton), Honoring Lizzie Jackson Hooper of Houston on her 90th birthday.
To Rules and Resolutions.
HR 227 (By Mabry), In memory of the life of Frank Fallon, radio broadcaster of Baylor University.
To Rules and Resolutions.
HR 228 (By Mabry), Honoring James Baker on being named Firefighter of the Year in Waco.
To Rules and Resolutions.
HR 229 (By Mabry), In memory of Taylor Carolyn Mosley of West.
To Rules and Resolutions.
HR 230 (By Martinez Fischer), Honoring the life of Herschel "Herky" Bernard of San Antonio.
To Rules and Resolutions.
HR 231 (By Mabry), In memory of Dr. Erich Wilhelm Schwartze II of Waco.
To Rules and Resolutions.
MESSAGE FROM THE SENATE
The following message from the senate was today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Tuesday, May 11, 2004
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:
Tuesday, May 11, 2004 HOUSE JOURNAL — 6th Day 247
| HCR 19 | King | SPONSOR: Whitmire |
Granting permission for the legislature to adjourn for more than three days during the period beginning on Wednesday, May 5, 2004, and ending on Tuesday, May 11, 2004.
| SCR 3 | Seliger |
Commending the Big Spring Veterans Administration Medical Center for providing quality medical treatment and care to our veterans.
| SCR 5 | Lucio |
Recognizing Saint Cecilia Catholic Church in Los Fresnos on the occasion of its 47th anniversary.
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 6
Land and Resource Management - HJRi11
May 7
Energy Resources - HCRi11
ENGROSSED
May 6 - HBi1
SENT TO THE SECRETARY OF THE STATE
May 7 - HCRi12
248 78th LEGISLATURE — FOURTH CALLED SESSION