SEVENTY-NINTH LEGISLATURE, SECOND CALLED SESSION
PROCEEDINGS
TENTH DAY — TUESDAY, AUGUST 16, 2005
The house met at 2 p.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Recordi38).
Present — Mr. Speaker; Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.
Absent, Excused — Denny; Hamric; Kuempel; Reyna.
Absent — Riddle.
The invocation was offered by Representative Edwards.
The speaker recognized Representative Edwards who led the house in the pledges of allegiance to the United States and Texas flags.
CAPITOL PHYSICIAN
The speaker recognized Representative Morrison who presented Dr. Barbara Nell Conner of Hallettsville as the "Doctor for the Day."
The house welcomed Dr. Conner and thanked her for her participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
(Bonnen in the chair)
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for today because of important business in the district:
Hamric on motion of Madden.
Reyna on motion of Madden.
The following members were granted leaves of absence for today because of important business:
Denny on motion of Madden.
Kuempel on motion of Laney.
The following member was granted leave of absence for the remainder of today because of active military duty:
Isett on motion of D. Jones.
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).
RESOLUTIONS ADOPTED
Representative Edwards moved to suspend all necessary rules in order toitake up and consider at this time HCRi18, HRi196, HRi199, HRi200, HRi202i-iHRi214, HRi217 - HRi219, HRi223 - HRi226, HRi228, and HRi231.
The motion prevailed.
The following resolutions were laid before the house:
HCR 18 (by Merritt), Commemorating the 70th anniversary of Tyler State Park.
HR 196 (by Krusee), Congratulating Barbara Graves of Hutto on her 50th birthday.
HR 199 (by Dunnam), Honoring Ronnie Urbantke on the occasion of his retirement as superintendent of Riesel ISD.
HR 200 (by Crownover), Honoring Judge Virgil Vahlenkamp and Francene Vahlenkamp of Denton on their 25th wedding anniversary.
HR 202 (by Craddick), Congratulating John and Judy Lysinger of Spring on their 50th wedding anniversary.
HR 203 (by Frost), Congratulating D. W. "Mac" and Nettie Lee McDonald of Cass County on the induction of the McDonald farm into the Texas Department of Agriculture Family Land Heritage Program.
HR 204 (by Frost), Congratulating Mary Ann Skidmore Hawkins and JackieiN. Hawkins of Bowie County on the induction of the Skidmore farm into the Texas Department of Agriculture Family Land Heritage Program.
200 79th LEGISLATURE — SECOND CALLED SESSION
HR 205 (by Branch), Commemorating the 2nd Annual Texas Stampede State Championship Barbeque Cook-Off.
HR 206 (by Crownover), Honoring Herbert Holl for his contributions to the Greater Denton Arts Council.
HR 207 (by Hilderbran), Honoring TRC Engineering Services, Inc., of Kerrville on the company's 20th anniversary.
HR 208 (by Jackson), Honoring Betty H. Donoho of Farmers Branch on her 90th birthday.
HR 209 (by Hope), Congratulating Judi Foster of Conroe for her Texas Lonestar Achievement Award nomination.
HR 210 (by Hunter), Congratulating Sherri Statler on being named President of the Christian Homes of Abilene.
HR 211 (by Gonzales), Congratulating the McAllen Hispanic Chamber of Commerce for being named the state's small chamber of the year by the Texas Association of Mexican-American Chambers of Commerce.
HR 212 (by Craddick), Honoring Clifton and Norma Igo of Lamesa on their 65th wedding anniversary.
HR 213 (by Craddick), Honoring Jack and Daphene Minter of O'Donnell on their 50th wedding anniversary.
HR 214 (by Quintanilla), Congratulating Jessica Perez of San Elizario on her many accomplishments.
HR 217 (by Bonnen), Honoring Donna "DeDe" Truitt on being named Woman of the Year for 2005 by the Brazoria Chamber of Commerce.
HR 218 (by Bonnen), Honoring Dr. Robert Schwebel on being named Man of the Year by the Brazoria Chamber of Commerce.
HR 219 (by Hupp), Honoring Carrie Shanafelt on her promotion to the rank of staff sergeant in the Texas National Guard.
HR 223 (by Vo), Honoring the Asian American Bar Association of Houston on the occasion of its annual gala and silent auction.
HR 224 (by Hopson), Honoring members of OJEMM, or Red Team, on their accomplishments in the Texas High School Aerospace Scholars Program.
HR 225 (by Dutton), Honoring the Reverend Ernest B. McGowen, Sr., of Houston on his 80th birthday.
HR 226 (by Dutton), Commemorating the 40th anniversary of Our Mother of Mercy Parish Houston Federal Credit Union.
HR 228 (by Escobar), Honoring Emma Salinas Garza for her many achievements.
Tuesday, August 16, 2005 HOUSE JOURNAL — 10th Day 201
HR 231 (by Thompson), Congratulating Fred L. and Naomi S. Ashley on their 50th wedding anniversary.
The resolutions were adopted.
RESOLUTIONS ADOPTED
Representative Edwards moved to suspend all necessary rules in order to take up and consider at this time HCR 20, HCR 21, HR 197, HR 198, HR 201, HR 220, HR 221, and HR 227.
The motion prevailed.
The following resolutions were laid before the house:
HCR 20 (by Homer), In memory of Charles Eugene Thielman of Paris.
HCR 21 (by Homer), In memory of John L. Starks of Paris.
HR 197 (by Morrison), In memory of the Honorable Jack Milam of Victoria.
HR 198 (by Krusee), In memory of U.S. Marine Corps Corporal Steven P. Gill of Round Rock.
HR 201(by Veasey), In memory of Fort Worth teens Jeffrey Muriel, Carl Field, Donald Cain, and Charles Tate, Jr.
HR 220 (by Goolsby), In memory of Loma Fisher Howell of Dallas.
HR 221 (by Goolsby), In memory of respected businessman and philanthropist Harry Aaron Levy of Dallas.
HR 227 (by Dutton), In memory of Logan Daniel Jones of Houston.
(Speaker in the chair)
The resolutions were unanimously adopted by a rising vote.
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, Senate List No. 1).
HR 222 - ADOPTED
(by Herrero)
Representative Herrero moved to suspend all necessary rules to take up and consider at this time HRi222.
The motion prevailed.
The following resolution was laid before the house:
HR 222, Honoring Sergeant Jerardo Rios, Jr., of Killeen for his outstanding service to this country.
(Hill in the chair)
HR 222 was adopted.
202 79th LEGISLATURE — SECOND CALLED SESSION
HR 229 - ADOPTED
(by Guillen)
Representative Guillen moved to suspend all necessary rules to take up and consider at this time HRi229.
The motion prevailed.
The following resolution was laid before the house:
HR 229, Honoring Michelle Lyan Olivarez of Rio Grande City for her donation to Locks of Love.
HR 229 was adopted.
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 Nos. 1 and 2.)
(Speaker in the chair)
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Hegar on motion of Van Arsdale.
The following member was granted leave of absence for the remainder of today because of important business:
Nixon on motion of Talton.
HR 230 - ADOPTED
(by Martinez Fischer)
Representative Martinez Fischer moved to suspend all necessary rules to take up and consider at this time HRi230.
The motion prevailed.
The following resolution was laid before the house:
HR 230, Congratulating Alonzo Cantu on his receipt of the Medallion of Excellence for Community Service from the Congressional Hispanic Caucus Institute.
HR 230 was adopted.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
B. Brown on motion of Wong.
Tuesday, August 16, 2005 HOUSE JOURNAL — 10th Day 203
PROVIDING FOR ADJOURNMENT
Representative Hope moved that, pending the receipt of messages from the senate, the house adjourn until 10 a.m. tomorrow.
The motion prevailed.
(Swinford in the chair)
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).
ADJOURNMENT
In accordance with a previous motion, the house, at 5:04 p.m., adjourned until 10 a.m. tomorrow.
AAAAAADDENDUMAAAAA
REFERRED TO COMMITTEES
The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:
List No. 1
HB 75 (By Dutton), Relating to safety measures for culverts or other similar flood or drainage systems maintained by governmental entities.
To Environmental Regulation.
List No. 2
HB 72 (By J. Keffer), Relating to motor fuel taxes.
To Property Tax Relief, Select.
HB 73 (By J. Keffer), Relating to franchise tax benefits for certain entities designated as enterprise projects.
To Property Tax Relief, Select.
HB 74 (By J. Keffer), Relating to the collection of certain delinquent obligations by the office of the attorney general.
To Property Tax Relief, Select.
HR 188 (By Alonzo), Urging Congress to enact the bipartisan Secure America and Orderly Immigration Act.
To State Affairs.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
204 79th LEGISLATURE — SECOND CALLED SESSION
Senate List No. 1
SBi5
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
Tuesday, August 16, 2005
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 15 | Corte | SPONSOR: Estes |
Urging the 109th Congress to honor veterans' tremendous sacrifice for this country by supporting the American Veterans Home Ownership Act of 2005.
| HCR 16 | Homer | SPONSOR: Deuell |
Commending Dereck Hatley of Sulphur Springs for his heroic actions during a vicious dog attack on July 16, 2005.
| HCR 17 | Swinford | SPONSOR: Whitmire |
Granting the legislature permission to adjourn for more than three days during the period beginning on Thursday, August 11, 2005, and ending on Tuesday, August 16, 2005.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Tuesday, August 16, 2005 - 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:
Tuesday, August 16, 2005 HOUSE JOURNAL — 10th Day 205
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
| HCR 18 | Merritt | SPONSOR: Eltife |
Commemorating the 70th anniversary of Tyler State Park.
| HCR 20 | Homer | SPONSOR: Eltife |
In memory of Charles Eugene Thielman of Paris.
| HCR 21 | Homer | SPONSOR: Eltife |
In memory of John L. Starks of Paris.
THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
| SB 7 | (17 Yeas, 5 Nays) |
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
August 12
Public Education Reform, Select - HBi8, SBi8
206 79th LEGISLATURE — SECOND CALLED SESSION