HOUSE JOURNAL

SEVENTY-NINTH LEGISLATURE, REGULAR SESSION

PROCEEDINGS

FIRST DAY—TUESDAY, JANUARY 11, 2005

In accordance with the laws and Constitution of the State of Texas, the members-elect of the house of representatives assembled this day in the hall of the house of representatives in the city of Austin at 12 noon. The Honorable Geoffrey S. Connor, secretary of state of the State of Texas, called the House of Representatives of the Seventy-Ninth Legislature of the State of Texas to order.

The invocation was offered by Monsignor Larry J. Droll, Saint Ann's Catholic Church, Midland, as follows:

God, our Heavenly Father, we acknowledge your presence in our assembly, and we place ourselves in your hands.

We give you praise, honor, and glory for creating us and giving us life. We thank you for our families and friends; we thank you for the resources you provide for our livelihood. We are grateful for gathering us here today and offering us the opportunity to glorify you by serving one another in the State of Texas.

Through the prophet Micah, you have told us what is required of us: "To do justice, and to love kindness, and to walk humbly with your God" (Micah 6.8). Jesus has called upon us to love you with our whole being and to love our neighbor as ourselves (Matthew 22.37-39). We confidently ask you to grant us the grace to fulfill these commands. We humbly ask you to forgive us when we have failed to do so.

We ask you, Heavenly Father, to bless with your spirit everyone involved with the work of government in the Seventy-Ninth Legislature. Grant all of our leaders, members, and staff your gifts of wisdom and understanding, counsel, and courage that we might discern what will best serve our citizens, always being mindful of the poor and most vulnerable.

Lord God, we all yearn for peace and security in our world. We pray that you will bless us with hearts and minds open to understanding and reconciliation. We pray that everyone in our world will experience your presence in the midst of difficulties and your support in the midst of the storms that sometimes confront us. We make this prayer, Lord God, with confidence in your providential care for us all. Amen.

Secretary Connor recognized Dennis McDaniel of Austin who sang the national anthem.

ADDRESS BY THE SECRETARY OF STATE

The Honorable Geoffrey S. Connor, secretary of state of the State of Texas, addressed the house, speaking as follows:

Honorable representatives-elect, families, friends, and distinguished guests. Opening the legislative session is one of the traditional responsibilities of the Texas secretary of state, and it is a tremendous honor for me to make a small contribution to this, your convocation, as you embark upon the worthy tasks that lie before you.

The chamber you now inhabit has been home to 57 legislative sessions since the current Capitol building opened its doors in 1888. Those who came long before you knew a different Texas than the one we know today. Members serving have had different visions of what they wanted the state to be. But we all owe them a great debt. These previous legislatures have steered Texas through prosperous times as well as lean ones––helping shape the state that we love and, now, passing the mantle of leadership to you.

The state that you now help guide is one of the most remarkable success stories in history. We have a population of 22 million, and our gross state product is slated to reach $925 billion in 2005. Those numbers make Texas equal to or better than many of the world's most developed nations. We are the birthplace of the microchip, the center of humanity's manned space program, the major gateway for America's trade with the world, and a center for education, science, and the arts.

We Texans must maintain our ambitions in the 21st Century. We are already America's largest exporter, $100 billion sent abroad in 2003, though with increasing global competition, we must continue to reach out to new business partners at home and abroad. We must empower our own business community and ensure that all Texans have an equitable opportunity to join that community. We must maintain our high-tech edge that is so essential for Texas to become the global center for the next wave of technology growth: biotechnology and nanotechnology. The decisions made by this body have great power to shape all these things.

The enormous wealth generated by Texans is an engine for prosperity, health, and happiness for our citizens. Much of Texas' wealth finds its way to this body. Your collective choices will decide how to achieve the best balance and allocation of those funds.

The members of this body represent the enormous range and diversity of Texans. The people of Texas have chosen you to be their representatives in shaping Texas for the future. They have entrusted you with one of the most awesome and sacred things there is––the destiny of this state. This is a great honor, but also a tremendous responsibility to bear.

Remember the legacies of those who have come before you. Honor them and heed their wisdom, but then, of course, find your own voice.

Whether you are a Republican or a Democrat; whether you come from North, South, East, West, or Central Texas; whether your constituency is rural or urban, you are all Texans, and you are all part of something very special.

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As Texans, there is far more that unites us than divides us. I ask you to draw upon this strength. Find our shared vision for the Texas of tomorrow––a Texas that is strong, prosperous, well-educated, and an example to the world––and make that vision a reality.

Thank you.

APPOINTMENT OF TEMPORARY OFFICERS AND EMPLOYEES

Secretary Connor recognized the reading clerk, who announced the temporary officers and employees for the House of Representatives of the Seventh-Ninth Legislature.

Parliamentarian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Denise Davis

Chief Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert Haney

Journal Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Julia Bass

Sergeant-at-Arms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rod Welsh

Voting Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jennifer Teigen

Reading Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elisa Klein

Committee Coordinator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mary Colletti

Chaplain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Monsignor Larry J. Droll

Doorkeeper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leonard Vaughan

Honorary Pages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eloy Henry Del Bosque,

Scott Harper Del Bosque, Jacqueline Alexis Green, Bryson Taylor, Patrick Riordan, Alex Riordan, Jocee Michaela Bennett, Joseph A. Griesel, Charlotte A. Griesel, Chloe A. Hancock, Colin M. Hancock, Aubrey Edington Jones, Austin Edington Jones, Meredith Payne Senterfitt, Reed Andrew Senterfitt, Alec Robert Puente, Liana Theresa Puente, Luke Michael Puente, Sidney Phillips, Henry Phillips, Meribeth Phillips, Daniel Branch, Jr., Spencer Branch, Catherine Branch, Charles Branch, Sarah Branch, Alyssa Victoria Pena, Michael Anthony Pena, Aquiles Jaime Garza, Chelsea Nicole Pena, Aron Christian Garza, Jim Solis, III, Diego Andres Solis, Allen Swinford, Daniel Swinford, Phillip Bates, William Bates, Reagan Bohac, Foster Askew, Sterling Askew, Faith Askew, William Dismang, Jr., Jordan Tyler Dismang, Jackson Grady Dismang, Kaleigh Lynn Goodman, Abbie Rae Goodman, Wesley Fischera, Marissa Fischera, Camille Fischera, Anna Pei Heffernan, Katie Cook, Rachel Elisabeth Marin Lilley, Ryann Ella Grace Lilley, Austin Hunter Hamon, Hilton Hopson Hamon, Parker Thomas Hamon, Worth Farabee, Nancy Farabee, Russell Farabee, Chad Daniel Phillips, Emily Mae Phillips, Sean Thornton Keel, Travis Bryan Keel, Robert Taylor Cook, Jenna Marie Cook, Danielle Jordan Hope, Ruben Wert Hope, IV, Blythe Alexia Hope, Stuart Austin Hope, Connor James Judge, Lauren Elizabeth Dunnam, Mason Vance Dunnam, Rachel Michelle Dunnam, Maryn Kelsey Davis, Carson David Bourbonnais, Cody Berman, Savannah Berman, Adrienne Marie Oliveira, James Ryan Pitts, Rose Brady, Sam Kuempel , Will Kuempel, Sterling Jack Gattis, Howard BT. Vo, Margaret T. Vo, Christine T. Vo, Haley Elizabeth Solomons, Claire Elizabeth Baxter, Austin James Phillips, Gavin Anderson Phillips, Grant Alexander Phillips, Joan Isett, Alexander Isett, Nicholas Isett, Victoria Isett, Mary Elizabeth Isett, Michael Isett, Sarah Isett, Bethany Noel Harper, Cassie Lynee Harper, Haleigh Nicole Brown, Madeleine Van Arsdale,

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 3

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ROLL OF MEMBERS-ELECT SHOWING

DISTRICTS REPRESENTED

Secretary Connor directed the chief clerk to call the roll of members-elect of the House of Representatives of the State of Texas of the Seventy-Ninth Legislature, according to representative districts.

The roll was called as follows:

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 5

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Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 7

* The chief clerk announced that Representative Noriega, currently serving on active duty with the Army National Guard in Afghanistan, was reported to be taking the oath of office in Afghanistan at this time.

A quorum was announced present.

OATH OF OFFICE ADMINISTERED

Secretary Connor recognized the chief clerk who administered the constitutional oath of office to the members-elect of the House of Representatives of the Seventy-Ninth Legislature of the State of Texas, all of those present rising together and repeating the following oath, prescribed by the constitution, as it was read to them, as follows:

"I, ____________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of a member of the House of Representatives of the Seventy-Ninth Legislature of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state. So help me God."

TEMPORARY RULES ADOPTED

Representative Van Arsdale moved to adopt the house rules of procedure from the Seventy-Eighth Legislature as temporary rules for the election of the speaker.

The motion prevailed.

HR 1 - ADOPTED
(by Edwards and Bonnen)

The following resolution was laid before the house:

HR 1

BE IT RESOLVED by the House of Representatives of the 79th Legislature of the State of Texas, that pending the election of the speaker, all persons other than members of the legislature, members of their families, temporary officers, and approved press representatives be barred from the floor of the house of representatives inside the rail.

HR 1 was read and was adopted.

HR 2 - ADOPTED
(by Turner and Hill)

The following resolution was laid before the house:

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HR 2

BE IT RESOLVED by the House of Representatives of the State of Texas, that, in accordance with Section 9(b), Article III, Texas Constitution, the House of Representatives of the 79th Legislature shall elect a speaker of the house from its own membership as follows:

SECTIONi1.iiNOMINATIONS.ii(a) The secretary of state shall call for nominations from the floor for the election of speaker of the house of representatives and shall recognize every member who desires to make a nomination.

(b)iiEach member recognized for this purpose shall immediately advance to the front microphone and make the nomination in a nominating speech not to exceed five minutes in length.

(c)iiAfter all nominations have been made, the secretary of state shall declare nominations to be closed.

SECTIONi2.iiSECONDS.ii(a) A person is not considered a nominee unless the nomination is seconded by at least one member.

(b)iiOne seconding speech shall be allowed for each nomination in the order in which nominations were made, then other seconding speeches shall be allowed in rotation in the same order.

(c)iiNo more than five seconding speeches shall be allowed for each nominee.

(d)iiA seconding speech may not exceed three minutes in length.

SECTIONi3.iiVOTING.iiAll votes taken shall be record votes entered in the House Journal.

SECTIONi4.iiRESULTS; RUNOFF.ii(a) The secretary of state shall announce the results of the election. If a nominee has received a majority of the votes cast, the secretary of state shall declare that nominee to be elected to the office of speaker of the house of representatives.

(b)iiIf no nominee has received a majority of the votes cast, the two nominees receiving the largest number of votes in the first ballot shall be in a runoff election conducted in accordance with the voting procedures for the first ballot. The secretary of state shall announce the results of the runoff election and declare the nominee receiving the higher vote to be elected.

SECTIONi5.iiOATH.iiAfter the election, the secretary of state shall direct the administration of the oath of office to the speaker-elect. The speaker shall take the chair immediately after taking the oath of office.

HR 2 was read and was adopted.

ELECTION OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

The secretary of state announced that the next order of business would be the election of the speaker of the House of Representatives of the Seventy-Ninth Legislature of the State of Texas, and stated nominations for speaker would now be in order.

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 9

Secretary Connor recognized the Honorable Beverly Woolley of Harris County, who placed in nomination for speaker of the House of Representatives of the Seventy-Ninth Legislature of the State of Texas the name of the Honorable Tom Craddick of Midland County, speaking as follows:

Mr. Secretary, honored guests, and fellow members. It is always a special honor when you are asked to say nice things about someone whom you consider a close friend. Such an honor is mine today.

Nearly forty years ago, a 25-year-old freshman legislator named Tom Craddick from Midland entered this room to cast his vote for the speaker of the house. It did not occur to him that day that a Republican would ever be so honored. After all, his own oath of office as a member of the Texas House was shared by only seven other Republicans. Other than Tom, every single member of the house of representatives who was there that day has departed this body.

Tom Craddick has persevered and endured, and his personal characteristics from that day remain unchanged. He has an undying love for his lovely wife, Nadine, and his children, Christi and Tommy, and his daughter-in-law, Laura. He also has a deep commitment to his faith. Additionally, Tom's dream for a Texas where we nurture education and create economic opportunity for all Texans carries forward from that day.

In some respect, Tom's personal history in this chamber is a map of roller-coaster rides. As most of you know, he has held and lost chairmanships on numerous occasions. Certainly his experience became modern-day political history when, two years ago, this body elected him as speaker of the house. His rise to that office ended a 130-year drought for Republicans in the speaker's position. And the Boston Red Sox think they had it tough!

I have great comfort in Tom Craddick as speaker. The best speakers always understand the importance of small talk and grand gestures, operate from strength, and know the importance of institutional knowledge. To that end, our own body elects a speaker who we trust will work with the vast talents, enormous creativity, and sometimes quirkiness of 149 individuals operating in a historic setting under enormous pressure.

Our body is an intellectually aggressive, highly emotional, very opinionated group of men and women. Thus described, it comes as no surprise our debates occasionally become fierce and sometimes legendary. Last session, we successfully met a $10 billion budget shortfall and did not increase taxes on Texans. We also passed a long list of noteworthy achievements, many of which are today considered national models. The committee appointments made by Speaker Craddick better reflected equality among all our members more than any other time in our history. Members were given the power to move legislation and encouraged to shape our state's present and future. It is a testament to Tom Craddick's vast knowledge, legislative experience, and even-keel approach to leadership that the problems we experienced were reduced in scope and shorter in duration than could have otherwise been expected.

The future will be what we make it. With Tom Craddick as speaker, each of you can expect the opportunity to represent your district and persuade your colleagues to join you on issues. It is a unique, wonderful time. With fairness,

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Secretary Connor recognized the Honorable Terry Keel of Travis County, who seconded the nomination of the Honorable Tom Craddick, speaking as follows:

Mr. Secretary, distinguished guests, fellow members. The first Texas Legislature convened on February 16, 1846, here in Austin. In his capitol office, Tom Craddick still has the desk in which he sat as a freshman during that 1846 session of the Texas House. Actually, that is only a slight exaggeration.

Ladies and gentlemen, among the qualities valued in a leader, few compare with experience. Bear in mind that when Tom Craddick campaigned for his first race for the Texas House, L.B.J. was President, The Beatles were recording their "White Album" in Abbey Road studios, and Representative Patrick Rose would not be born for another ten years.

When we ask citizens for their vote, we pledge that we will represent them and their interests. As members of the Texas House of Representatives, we therefore embody the diverse viewpoints, attitudes, hopes, and aspirations of the people who elected us. These ideas and beliefs come into play through a process where competing philosophies inevitably conflict. Bringing order out of chaos to accomplish the serious business of the people we represent requires extraordinary skill and talented leadership.

Martin Luther King Jr. once said that the ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. I have witnessed in Tom Craddick the qualities that define that measure of a man. Tom Craddick possesses not only the experience and leadership traits essential to be effective as speaker of the house, but equally important, he also possesses the temperament, humility, and humanity that uniquely qualifies him to hold this special and most vital of state leadership posts.

Mr. Secretary, fellow members. It is my great honor to second the nomination of Tom Craddick for speaker of the Texas House of Representatives.

Secretary Connor recognized the Honorable Robert Puente of Bexar County, who seconded the nomination of the Honorable Tom Craddick, speaking as follows:

Secretary of State Geoffrey Connor, guests, and members. First of all, it is a pleasure and an honor to have the opportunity to second the nomination of Tom Craddick as speaker of the Texas House of Representatives.

The second Tuesday of every odd numbered year is just like baseball spring training. Great expectations. Renewed hope. A feeling of invincibility, and we are going to need it. We need to find a fair and just way to pay for the education of our children––again. We face another challenge in trying to balance our budget––again. To do this, we are going to need great leadership. Leadership to do what is right for our districts and the State of Texas. Leadership that Tom Craddick can provide––again.

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 11

Last session, Speaker Craddick could have taken the safe and easy route to get his agenda across. For the first time in 100 years, Texas had a Republican speaker with a Republican majority. However, a true leader is inclusive. A leader takes risks. A leader goes beyond his comfort zone and appoints a woman to head the powerful Calenders Committee. A leader questions conventional wisdom and appoints an urban Democrat to be chairman of the statewide water committee. An African American to be Speaker Pro Tempore.

In the Seventy-Eighth Legislative Session, Speaker Tom Craddick's determined leadership resulted in tackling a $10 billion budget shortfall, insurance and tort reforms, and a far-reaching transportation bill. All measures that I and many fellow Democrats not only voted against but vehemently opposed. Yet Speaker Craddick respected our views and never pressured me to vote or support an issue that was contrary to my position or that of my district.

But then there was Ardmore. Ardmore, Oklahoma. After the contentious four days that a group of Democrats spent in exile, it was time to come home. And for some of Tom Craddick's Democratic chairmen, it was time to face the music. Upon our arrival, I immediately sought out the speaker to try and meet with him to explain myself. Speaker Craddick did not make me wallow in uncertainty. He agreed to see me within two hours of my request. So, I had roughly two hours to prepare myself. Prepare to accept his wrath. The riot act. Taken to the wood shed. All those things came to mind. So, I thought, I'll mention that even he stood up to a system that he believed was wrong. Even he fought against the powers that be and became one of the respected "Dirty Thirty."

I went into his office expecting the worst. The speaker came in, had me sit down, and the first thing he said was, "How the hell did you get 51 people to get on a bus at the same time?" His second question was, "Why did you pick Ardmore, Oklahoma?" He never raised his voice. He never made me explain myself. A leader does not seek retribution. Speaker Craddick looked beyond this revolt and sought only to get back to work. A leader looks beyond the past. Speaker Craddick looked at our house and knew that in the future we could work together. Leaders do that.

All of us have made pre-session comments about non-partisanship, about extending a hand across the aisle. Let's mean it this time. Let us look with ourselves and truely be the one that is accepting to the other side. And, Speaker Craddick, on behalf of the Bexar County Legislative Delegation, I proudly second the nomination of Tom Craddick as speaker of the Seventy-Ninth Legislative Session. This is day one of 140 days that we need to put Texas first and foremost.

Secretary Connor recognized the Honorable Geanie Morrison of Victoria County, who seconded the nomination of the Honorable Tom Craddick, speaking as follows:

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Thank you, Mr. Secretary, members, distinguished guests, family, and friends. I am honored today to stand before you to second the nomination of a man, who over the past several years, I have come to know well. A man of character, a man of integrity, a man of compassion, and most importantly, a man of understanding. My good friend, Tom Craddick.

Ever since being elected in 1968, Tom understood that just like you and I, he is one of 150 members in the Texas House sent here to represent the people of his district and, on a much grander scale, the people of Texas. And by the people of Texas, I do not mean just the ones who voted for him, or the ones who share his position on certain issues. I mean the people of Texas as a whole.

As all of you know, we each have an "R" or a "D" beside our name in the Capitol directory, but Tom understands that this letter is not what defines a member, and, more importantly, he understands that these letters are not what define the Texas House. He knows that the Texas House is made up of men, women, mothers, fathers, doctors, small business owners, farmers, and yes, even a couple of lawyers. He understands that we come from different backgrounds, different parts of the state, and different philosophies, but that the one thing we all have in common is that we are all Texans. And while we may not agree on every issue, Tom knows that every member in this chamber, Republican or Democrat, is here because they want to do what is best for their constituents and what is best for the future of Texas.

Tom also understands that Texas is a rapidly changing state, and that nowhere are those changes more reflected than in this chamber. When you look at the composites on the walls, you will notice a difference in the pictures from when Tom first began his career. You will notice that this body is becoming as diverse as our great state. And if you look back to the Seventy-Eighth Legislature, you will remember that Tom understood the importance of this diversity. You will recall that last session, Tom appointed more women and more minority members, both Republicans and Democrats, to chair house committees than at any point in the state's history. He made those appointments because he understands that the ability to get the job done right for the people of Texas is more important than party affiliation, gender, or ethnicity.

And lastly, Tom understands that he did not get to where he is today by himself. His exceptional wife, Nadine, his wonderful children, Christi and Tommy, and now, the newest addition, Laura, have been there by his side all along, just as they are today, and just as they will be for you if ever you need them. I can tell you this, when I have been here in Austin away from my family, the Craddicks have always graciously invited me to be a part of theirs.

In closing, I will only reiterate that it is Tom's understanding of people, this institution, and the issues of Texas that have inspired the people of Midland to send him to Austin 18 times, and it is his understanding during that time in office that has elevated him to the leader who I will support to guide this body throughout the Seventy-Ninth Legislative Session.

Secretary Connor recognized the Honorable Allan Ritter of Jefferson County, who seconded the nomination of the Honorable Tom Craddick, speaking as follows:

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 13

Mr. Secretary, members of the house, and distinguished guests. The voters of the State of Texas sent us here to do the people's business. The very composition of this noble body is a reflection of the rich cultural, political, religious, and ethnic diversity of the people of this great state. Doing the people's business requires that we debate, carefully consider, and act in the people's best interest. Doing the people's business requires that we choose leaders who embrace the diversity of our citizenry and draw upon it for the boundless strength and character that distinguishes this greatest of all states. The people of Texas demand, deserve, and expect nothing less.

Tom Craddick is a true son of Texas. He understands, acknowledges, and accepts the breadth of beliefs, interests, and ambitions of Texans. He recognizes that real leaders are dealers in hope. Tom Craddick has a realistic appreciation of the constraints we face in our desire to meet the needs of our millions of constituents, but also he sees, and encourages those around him to see, a hopeful future for the young, the old, the healthy, and the infirm.

As a very wise person once said, "Blessed is the leader who seeks the best for those he serves." I am confident that Tom Craddick is that kind of leader, and I am honored to second the nomination of Representative Tom Craddick as speaker of the Texas House of Representatives in this Seventy-Ninth Session of the Texas Legislature.

Secretary Connor recognized the Honorable Harold Dutton of Harris County, who seconded the nomination of the Honorable Tom Craddick, speaking as follows:

To the Master of the Universe, Mr. Secretary, distinguished guests, family, friends, my fellow colleagues, and Texans. This is my eleventh opening day ceremony. And when I look back on the last ten sessions, I can safely say that they have all been quite different.

But as I am sure you will agree, certain qualities remain the same from one session to the next. And one of those qualities about which there would be little, if any, disagreement among members is the word "struggle." Without question, every session involves a struggle, both individually and collectively. But our ultimate challenge is to transform these individual and collective struggles into real progress for all Texas.

That is why I like the definition of leadership which says leadership is the catalyst that changes struggle into progress. More especially, that is why I am honored to second the nomination of the Honorable Tom Craddick as speaker of the Texas House of Representatives for this Seventy-Ninth Legislature.

Tom Craddick is uniquely qualified to be the catalyst that transforms our individual and collective struggles into progress for all of Texas. Tom Craddick, a man who chooses moderation over ideology. Tom Craddick, a man who chooses compromise over confrontation. And Tom Craddick, a man who chooses cooperation over defiance.

Again, I am honored and pleased to second the nomination of Tom Craddick.

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Representative Dutton moved that nominations cease and that the Honorable Tom Craddick of Midland County be elected speaker of the House of Representatives of the Seventy-Ninth Legislature.

A record vote was requested.

The Honorable Tom Craddick of Midland County was elected speaker of the House of Representatives of the Seventy-Ninth Legislature by (Record 1): 142 Yeas, 4 Nays, 1 Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Craddick; Crownover; Davis, J.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureille s; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; 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; Kuempel; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Naishtat; Nixon; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Burnam; Farrar; Moreno, J.; Moreno, P..

Present, not voting — Rodriguez.

Absent — Davis, Y.; Noriega, R.

REASONS FOR VOTE

Two years ago I was the lone vote against Tom Craddick for speaker. At that time, I stated that I was concerned about ongoing ethics inquiries in Texas. Today a number of those investigations continue, some of which have resulted in indictments and ongoing civil litigation and criminal investigation.

I continue to have concerns as to what the ultimate result of those inquiries will be and their impact on the operation of the Texas House of Representatives.

In light of these concerns, I believe that the interests of my constituents are best served with a vote against Tom Craddick's re-election as speaker.

Burnam

Today I voted with the majority to elect Tom Craddick speaker of the house. My vote is a gesture of good faith and hope that Speaker Craddick starts anew and operates the house in the high-minded manner laid out in the nominating speeches.

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As I continue to represent my constituents with vigor, I will hold the speaker accountable to the house and to Texas by dissenting from the majority on policy merit when necessary.

Coleman

Secretary Connor declared the Honorable Tom Craddick of Midland County to be the duly elected speaker of the House of Representatives of the Seventy-Ninth Legislature of the State of Texas.

COMMITTEE APPOINTED

The secretary of state announced the appointment of the following committee to escort Speaker-elect Tom Craddick to the speaker's rostrum for the purpose of the taking of the constitutional oath of office by the speaker-elect: Representatives Hope, co-chair; Giddings, co-chair; Miller, McClendon, Mowery, Hartnett, Dawson, Edwards, B. Cook, Seaman, Talton, Guillen, Farabee, Oliviera, Flores, Martinez, and Jackson.

Speaker-elect Craddick and his party were escorted to the speaker's rostrum.

OATH OF OFFICE TAKEN BY THE SPEAKER OF THE HOUSE

The Honorable Tom Craddick of Midland County, having been escorted to the speaker's rostrum, took the constitutional oath of office as speaker of the House of Representatives of the Seventy-Ninth Legislature of the State of Texas, which was administered by the Honorable James R. Nowlin, chief justice of the United States District Court, Western District of Texas, as follows:

"I, Tom Craddick, do solemnly swear, that I will faithfully execute the duties of the office of speaker of the Texas House of Representatives of the Seventy-Ninth Legislature of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state. So help me God."

INTRODUCTION OF GUESTS

The secretary of state introduced the Honorable Peggy Hamric of Harris County who introduced Nadine Craddick, first lady of the Texas House of Representatives.

The secretary of state introduced the Honorable Lois Kolkhorst of Washington County who introduced the following members of the speaker's family: Christi, his daughter; Tommy, his son; Laura, his daughter-in-law; Josephine and Fred Nayha, his parents-in-law.

ADDRESS BY SPEAKER CRADDICK

Representative Kolkhorst recognized the Honorable Jim Keffer of Eastland County who introduced Speaker Craddick.

Speaker Craddick addressed the house as follows:

Thank you, Representative Keffer, for your kind introduction. I would like to thank Representatives Woolley, Keel, Puente, Morrison, Ritter, and Dutton for nominating and seconding me. You are all great friends, and I appreciate your

16 79th LEGISLATURE — REGULAR SESSION

I want to take a moment to recognize a member who is not present. Representative Rick Noriega is serving our country in Afghanistan. Today, his honorable service deserves our recognition. I ask you to join me in acknowledging our absent colleague, Rick Noriega.

To my fellow members, thank you for re-electing me speaker of the house. I appreciate your support and for entrusting me with this important duty. I look forward to working with all of you. I especially want to welcome the 18 new members. Although it was a long time ago, I remember well that feeling of unshakable determination I had when I walked in your shoes. You bring something very special to this chamber, and I am honored to be working with you this session.

The work we do here in this chamber will greatly affect the lives and livelihoods of 22 million Texans. Ours is a huge responsibility, and we have but a short time, 140 days, in which to achieve our goals. I am absolutely confident that we will reach the goals and objectives we have set, that we will meet our timelines, and that this legislature will go down in history as a success. Although the Texas House has undergone a vast turnover in the last two years, it remains a bipartisan body, and I recognize every member for their talents and their ability to work within the system to get things done.

Two years ago, when I was elected the first Republican speaker of the house in 130 years, I said, "Our election system is a partisan one. We run as Democrats or Republicans because that's how the system works, but our system of government also expects that we will work together for the common good of all Texans." That remains the same today. Ours is an unusual calling. We cross swords because we come from different political backgrounds, but no one else understands, as each of us do, how hard we work for what we believe or how much we share in common. As members of a large body we agree on issues, we disagree on issues, and we agree to disagree, but we respect one another and everyone else who interacts with us.

At this time last session, we had 37 new members, 16 vacant committee chairs, and a $10 billion budget deficit. Texas had an economic crisis on its hands. These unusual circumstances created opportunities for many veteran members who hadn't yet been in leadership roles and for our freshmen to step into leadership positions or become members of key committees. It wasn't easy, and we hit a few road blocks along the way, but by the end of the regular session we had written a balanced budget without raising taxes, and we managed to pass serious reforms in homeowners insurance, tort reform, ethics, transportation, and higher education. This session we have the opportunity to do even more.

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 17

Without a doubt, the primary objective this session will be school finance. One of the grievances at the Battle of the Alamo was Mexico's failure to establish any public system of education. We've tried repeatedly to get it done, and, repeatedly, we come up short. Nothing we do here in Austin is more vital to Texas' future than public education. It is my goal this year to build a public education system that provides the necessary tools for each and every school child in Texas to succeed. It is also my goal to create a school finance system to take us into the next generation while reducing property taxes.

In addition to school finance, we must address and fix both Child Protective Services and Adult Protective Services. While we look at funding for these efforts, it must be accompanied by a significant change in philosophy and approach. Just throwing taxpayer money at real problems has never been the true solution. This legislature will guarantee that our state protects those who are most vulnerable and who cannot protect themselves.

The current Texas Workers' Compensation system is broken and seems to work for neither the employee nor the employer. Recently, our system received a D- rating and Texas ranked last in returning to work, delayed recoveries, and the number of doctor visits. This issue must be addressed.

Finally, we must again invest in job creation by re-authorizing and funding the Texas enterprise fund. Recently, Texas was rated the number one state in overall business climates. The economic development fund already has aided our state in bringing more than 15,000 new jobs to Texas, and it is our responsibility to continue to give our state this advantage.

While none of these tasks are small, I come into this legislative session with great anticipation and an incredible amount of faith. What we have in front of us can be accomplished if we all work together and use the enthusiasm, intelligence, creativity, and great potential we all bring to the table. We are the face of Texas; we represent the wonderful people who contribute to our culture and to the spirit of this great state. I am extremely proud to be a part of this body.

Whether you are here for two years or 40, we must never forget that we are only temporary trustees of Texas. What we do here during this legislative session is far more important than who did it. I promise to discharge my duties as speaker with dignity, sensitivity, and determination. I ask that you, as members of this body, do the same.

Thank you again for granting me this very special honor. As a husband and father, I also want to thank my family for the love and support they have given me. I want to especially thank my wife, Nadine, who is also my partner and my best friend. Enjoy the rest of this beautiful day with your families and friends. May God bless us all in this great endeavor.

18 79th LEGISLATURE — REGULAR SESSION

STATEMENT BY THE SPEAKER

The speaker announced that Representative Noriega took the oath office from Afghanistan and had sent notice to the chief clerk for filing and that, in accordance with Article 16, Section 72 of the Texas Constitution, a selection of temporary acting representative was in order and must be approved by the house by resolution.

HR 6 - ADOPTED
(by J. Davis)

The following resolution was laid before the house:

HR 6

WHEREAS, The Honorable Rick Noriega, duly elected to serve as state representative for House District 145 for the 79th Legislature, is serving on active duty in the armed forces of the United States as a major in the Texas Army National Guard stationed in Afghanistan and under the terms of his activation will be on active duty for longer than 30 days; and

WHEREAS, Representative Rick Noriega has taken the oath of office from an officer authorized by Texas law to give the oath and has begun serving his term as a member of the House of Representatives of the 79th Texas Legislature; and

WHEREAS, Pursuant to Article XVI, Section 72, of the Texas Constitution, Representative Rick Noriega has selected Melissa Meisgeier Noriega to serve as temporary acting representative for House District 145; now, therefore, be it

RESOLVED, That the House of Representatives of the 79th Texas Legislature hereby approves Representative Rick Noriega's selection of Melissa Meisgeier Noriega to serve as temporary acting representative for House District 145 for the shorter period of:

(1)iithe term of Representative Rick Noriega's active military service; or

(2)iithe term of office to which Representative Rick Noriega was elected; and, be it further

RESOLVED, That Temporary Acting Representative Melissa Meisgeier Noriega has all the powers, privileges, and duties of the office and is entitled to the same compensation, payable in the same manner and from the same source, as Representative Rick Noriega, the member of the house whom she is temporarily replacing.

HR 6 was read and was adopted.

On motion of Representative J. Davis, the names of all the members of the house were added to HR 6 as signers thereof.

OATH OF OFFICE TAKEN BY MELISSA NORIEGA

Melissa Noriega took the constitutional oath of office as temporary acting state representative, which was administered by Speaker Craddick, as follows:

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 19

"I, Melissa Meisgeier Noriega, as a duly selected temporary acting representative, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of State Representative, District 145, of the State of Texas, and will to the best of my ability preserve, protect, and defend the constitution and laws of the United States and of this state. So help me God."

HR 15 - ADOPTED
(by McCall)

The following resolution was laid before the house:

HR 15, In memory of Evelyn Eastham Pitts of Waxahachie.

HR 15 was read and was unanimously adopted by a rising vote.

On motion of the speaker, the names of all the members of the house were added to HRi15 as signers thereof.

ADDRESS BY GOVERNOR

Speaker Craddick introduced the Honorable Rick Perry, governor of the State of Texas, and his wife Anita. Governor Perry addressed the house briefly.

COMMITTEE TO NOTIFY SENATE APPOINTED

The speaker announced the appointment of the following committee to notify the senate that the house is organized and ready to transact business: Representatives Casteel, chair; Zedler, Gonzales, Reyna, and Blake.

COMMITTEE TO NOTIFY GOVERNOR APPOINTED

The speaker announced the appointment of the following committee to notify the governor that the house is organized and ready to transact business: Representatives Eissler, chair; Flynn; Otto, Luna, and A. Allen.

The speaker recognized Dennis McDaniel who sang "Texas Our Texas."

INTERPRETER FOR THE DEAF

The speaker presented Sandra Rouse who provided the interpretation of the proceedings of the house.

CAPITOL PHYSICIAN

The speaker presented Dr. Erica Williams Swegler of Keller, president of the Texas Academy of Family Physicians, as the "Doctor for the Day."

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

ADJOURNMENT

Representative P. Moreno moved that the house adjourn until 10 a.m. tomorrow in memory of David McCall, Jr., Timoteo Garza, Jr., Liana Belicia Garza, Mary Callegari Clelend, Evelyn Pitts, Alma Zilla Edmondson, Paige Eiland, Michael A. Nutt, Ramon Moreno, Lt. Col. Robert L. Brown, Jr., Tommy S. Dawson, Elizabeth Driver, Cayce Hardcastle, James A. Holly, Alma Octavia

20 79th LEGISLATURE — REGULAR SESSION

The motion prevailed.

The house accordingly, at 1:58 p.m., adjourned until 10 a.m. tomorrow.

Tuesday, January 11, 2005 HOUSE JOURNAL — 1st Day 21