SEVENTY-NINTH LEGISLATURE, REGULAR SESSION
PROCEEDINGS
TWENTY-FOURTH DAY — MONDAY, FEBRUARY 28, 2005
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 (Recordi35).
Present — Mr. Speaker; Allen, A.; 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; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; 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; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; 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 — Allen, R.; Flores; Haggerty; Hochberg; McClendon; Peña.
The invocation was offered by William "Rusty" Griffin, pastor, Christian City Fellowship Church, Sealy, as follows:
How great you are, O Sovereign Lord! There is no one like you. King David said, "The heavens declare the glory of God; and the firmament showeth his handiwork." You're a sovereign king. No means or measure can define your limitlessness. No far seeing telescope can bring into visibility the coastline of your shore and supply. No barrier can hinder you from pouring out your blessing. You're enduringly strong, entirely sincere, eternally steadfast, immortally graceful, imperially powerful, and impartially merciful.
You're the greatest phenomenon that has ever crossed the horizon of this world. You're God's son and a sinner's savior. You're the centerpiece of civilization. You stand in the solitude of yourself. You're unique, unparalleled, and unprecedented. You're the loftiest idea in literature and the highest personality in philosophy. You're the supreme problem in high criticism and the
fundamental doctrine in theology. You're the corner necessity for spiritual religion. You're the miracle of the age and the superlative of everything good that we can call you. You're the only one who's qualified to be an able and sufficient savior. I only hope you can see him.He supplies strength to the weak. He's available for the tempted and the tried. He sympathizes, he saves; he strengthens and sustains; he guards, and he guides. He healed the sick, cleansed the lepers, forgives sinners, and discharges debtors. He delivers the captives, defends the feeble, blesses the young, and serves the unfortunate. He regards the aged, rewards the diligent, and beautifies the meek.
My king is a key to knowledge, a wellspring to wisdom, and a doorway to deliverance. He's a pathway to peace; he's a roadway of righteousness, a highway of holiness, and a gateway of glory. His office is manifold; his promise is sure; his light is matchless; his goodness is limitless; his mercy is everlasting; his love never changes; his word is enough; his grace is sufficient; his reign is righteous; his yoke is easy; and his burden is light. He is indescribable. He's incomprehensible, invincible, and irresistible. You can't get him out of your mind. You can't outlive him, and you can't live without him.
King Jesus, come and bless the great State of Texas; stretch your hands over her. Your favor is mightier than a lifetime of labor, your justice is supreme, and your love is limitless. Bless the members of this house of representatives; bless their parents, spouses, children, and children's children to a thousand generations. The power of your blessing is more powerful than the power of the curse, and I release your blessing upon the chamber, upon the government of our land, and upon the homes of those that govern us.
Renew the call upon the chosen and allow them to visit our future while honoring our past. Give people for their lives and be enthroned upon their hearts for ever and ever and ever. In the name of our Lord and Saviour, Christ Jesus. Amen.
The speaker recognized Representative Kolkhorst who led the house in the pledges of allegiance to the United States and Texas flags.
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Denny and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.
CAPITOL PHYSICIAN
The speaker recognized Representative Chisum who presented Dr. Thomas E. Smith of Muleshoe as the "Doctor for the Day."
The house welcomed Dr. Smith and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
(Harper-Brown in the chair)
(R. Allen and Hochberg now present)
472 79th LEGISLATURE — REGULAR SESSION
HR 552 - ADOPTED
(by Laubenberg)
Representative Laubenberg moved to suspend all necessary rules to take up and consider at this time HRi552.
The motion prevailed.
The following resolution was laid before the house:
HR 552, Recognizing Rockwall County Day at the State Capitol on February 28, 2005.
HR 552 was read and was adopted.
On motion of Representative Taylor, the names of all the members of the house were added to HRi552 as signers thereof.
(McClendon now present)
HR 551 - ADOPTED
(by Laubenberg)
Representative Laubenberg moved to suspend all necessary rules to take up and consider at this time HRi551.
The motion prevailed.
The following resolution was laid before the house:
HR 551, Recognizing February 28, 2005, as Texas Physician Assistants Day at the State Capitol.
HR 551 was adopted.
On motion of Representative Farabee, the names of all the members of the house were added to HRi551 as signers thereof.
HR 386 - ADOPTED
(by Castro)
Representative Castro moved to suspend all necessary rules to take up and consider at this time HRi386.
The motion prevailed.
The following resolution was laid before the house:
HR 386, Honoring the MacArthur Academy of Creative Education program at Douglas MacArthur High School in San Antonio for its commitment to academic excellence.
HR 386 was read and was adopted.
On motion of Representative Straus, the names of all the members of the house were added to HRi386 as signers thereof.
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 473
INTRODUCTION OF GUESTS
The chair recognized Representative Castro who introduced teachers and students from the MacArthur Academy of Creative Education program and Douglas MacArthur High School.
HCR 79 - ADOPTED
(by Anderson)
Representative Anderson moved to suspend all necessary rules to take up and consider at this time HCRi79.
The motion prevailed.
The following resolution was laid before the house:
HCR 79, Recognizing February 28, 2005, as West Day at the State Capitol.
HCR 79 was read and was adopted.
On motion of Representative West, the names of all the members of the house were added to HCRi79 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Anderson who introduced a delegation from West.
HCR 20 - ADOPTED
(by Berman)
Representative Berman moved to suspend all necessary rules to take up and consider at this time HCRi20.
The motion prevailed.
The following resolution was laid before the house:
HCR 20, Congratulating J. Lindsey Bradley, Jr., on his receipt of the 2004 Earl M. Collier Award for Distinguished Health Care Administration.
HCR 20 was read and was adopted.
HR 542 - ADOPTED
(by Coleman)
Representative Coleman moved to suspend all necessary rules to take up and consider at this time HRi542.
The motion prevailed.
The following resolution was laid before the house:
HR 542, Recognizing February 28, 2005, as Prairie View A&M University and Alumni Day at the Capitol.
HR 542 was read and was adopted.
On motion of Representatives Edwards and Hope, the names of all the members of the house were added to HRi542 as signers thereof.
474 79th LEGISLATURE — REGULAR SESSION
HR 543 - ADOPTED
(by Coleman)
Representative Thompson moved to suspend all necessary rules to take up and consider at this time HRi543.
The motion prevailed.
The following resolution was laid before the house:
HR 543, Commending Prairie View A&M University for its record of graduating outstanding students.
HR 543 was adopted.
HR 547 - ADOPTED
(by Thompson)
Representative Thompson moved to suspend all necessary rules to take up and consider at this time HRi547.
The motion prevailed.
The following resolution was laid before the house:
HR 547, Honoring Prairie View A&M University for its contributions to the national defense of our country through its Army and Naval ROTC programs.
HR 547 was adopted.
HR 548 - ADOPTED
(by Thompson)
Representative Thompson moved to suspend all necessary rules to take up and consider at this time HRi548.
The motion prevailed.
The following resolution was laid before the house:
HR 548, Commemorating the 130th anniversary of Prairie View A&M University.
HR 548 was adopted.
INTRODUCTION OF GUESTS
The chair recognized Representative Farabee who introduced members of Texas Teen Court.
(Flores now present)
HR 532 - ADOPTED
(by Bonnen)
Representative Bonnen moved to suspend all necessary rules to take up and consider at this time HRi532.
The motion prevailed.
The following resolution was laid before the house:
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 475
HR 532, Honoring Zachary Charles Noblitt for being named Youth of the Year by the Boys & Girls Club of Brazoria County.
HR 532 was adopted.
INTRODUCTION OF GUEST
The chair recognized Representative Bonnen who introduced Zachary Charles Noblitt.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 14).
HCR 80 - ADOPTED
(by Anderson)
Representative Anderson moved to suspend all necessary rules to take up and consider at this time HCRi80.
The motion prevailed.
The following resolution was laid before the house:
HCR 80, Congratulating the Crawford High School Pirates football team on their championship season.
HCR 80 was adopted.
HCR 81 - ADOPTED
(by Anderson)
Representative Anderson moved to suspend all necessary rules to take up and consider at this time HCRi81.
The motion prevailed.
The following resolution was laid before the house:
HCR 81, Congratulating the Crawford High School cheerleading squad on their championship season.
HCR 81 was adopted.
HCR 82 - ADOPTED
(by Anderson)
Representative Anderson moved to suspend all necessary rules to take up and consider at this time HCRi82.
The motion prevailed.
The following resolution was laid before the house:
HCR 82, Congratulating the Crawford High School Band on their contribution to the community.
HCR 82 was adopted.
476 79th LEGISLATURE — REGULAR SESSION
INTRODUCTION OF GUESTS
The chair recognized Representative Anderson who introduced the following group from Crawford High School: Don Harris, principal; Robert Murphy, head coach; Paul Thornburg, bandleader; and Marilyn Judy, cheerleading sponsor.
(Speaker in the chair)
HR 420 - ADOPTED
(by Farabee)
Representative Farabee moved to suspend all necessary rules to take up and consider at this time HRi420.
The motion prevailed.
The following resolution was laid before the house:
HR 420, Recognizing the parent educators with the Parents as Teachers program.
HR 420 was adopted.
HCR 47 - ADOPTED
(by Dukes, Hughes, et al.)
Representative Dukes moved to suspend all necessary rules to take up and consider at this time HCRi47.
The motion prevailed.
The following resolution was laid before the house:
HCR 47, Concurrent resolution honoring the life of civil rights leader James Leonard Farmer, Jr.
HCR 47 was read and was unanimously adopted by a rising vote.
On motion of Representative McClendon, the names of all the members of the house were added to HCRi47 as signers thereof.
(Peña now present)
INTRODUCTION OF GUESTS
The speaker recognized Representative Truitt who introduced Alicia Grant, president of the Texas Dental Hygienists Association, and Sheri McEldowney.
HCR 83 - ADOPTED
(by Rose)
Representative Rose moved to suspend all necessary rules to take up and consider at this time HCRi83.
The motion prevailed.
The following resolution was laid before the house:
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 477
HCR 83, Recognizing National Eating Disorders Awareness Week, February 27 through March 5, 2005.
HCR 83 was read and was adopted.
INTRODUCTION OF GUESTS
The speaker recognized Representative Rose who introduced Sarah Whitworth, her parents, and Dr. Edward Tyson.
(Farabee in the chair)
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 259 ON THIRD READING
(by Elkins, Bonnen, Hughes, Riddle, J. Keffer, et al.)
HB 259, A bill to be entitled An Act relating to the powers of a county, municipality, or local entity with respect to the regulation of traffic on highways under its jurisdiction.
A record vote was requested.
HBi259 was passed by (Record 36): 113 Yeas, 23 Nays, 2 Present, not voting.
Yeas — Alonzo; Anchia; Anderson; Bailey; Baxter; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Casteel; Castro; Chavez; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Grusendorf; Guillen; Hamilton; Hamric; Hardcastle; Hegar; Herrero; Hilderbran; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, J.; Keel; Keffer, J.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Leibowitz; Martinez; Martinez Fischer; McClendon; McReynolds; Merritt; Miller; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Ritter; Rodriguez; Rose; Smith, W.; Smithee; Solis; Solomons; Strama; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; West; Zedler.
Nays — Allen, A.; Allen, R.; Berman; Driver; Goolsby; Griggs; Harper-Brown; Hill; Hochberg; Jackson; Keffer, B.; King, P.; Laubenberg; Luna; Madden; McCall; Menendez; Morrison; Paxton; Smith, T.; Vo; Wong; Woolley.
Present, not voting — Mr. Speaker; Farabee(C).
Absent — Chisum; Dawson; Escobar; Farrar; Haggerty; Hartnett; Moreno, J.; Moreno, P.; Riddle; Seaman; Straus; Swinford.
478 79th LEGISLATURE — REGULAR SESSION
STATEMENTS OF VOTE
When Record No. 36 was taken, I was in the house but away from my desk. I would have voted yes.
Seaman
When Record No. 36 was taken, I was in the house but away from my desk. I would have voted yes.
Straus
When Record No. 36 was taken, I was in the house but away from my desk. I would have voted yes.
Swinford
REASON FOR VOTE
This bill repeals a general law change from last session that was effected through a surreptitious amendment. That amendment was not fully and truthfully explained to the members of this body and usurped the will of the house as demonstrated by numerous previous votes the house took on the issue as stand alone bills.
The installation of cameras to photograph motor vehicles is utilized by municipalities as an excuse to further under–fund police agencies. If cities are genuinely interested in saving lives, they will make public safety a priority and adequately fund police departments, many of which remain far below the accepted ratio of officers per population. Cameras will not detain a single reckless driver or take a single drunk driver off the road.
Opposition to this bill is driven by private vendors who stand to make money based upon a contingency arrangement with cities in divvying up fines. Such arrangements privatize a government function regarding the enforcement of the law, and completely remove the element of discretion. This is unwise.
There are many legitimate reasons a motorist may lawfully proceed into an intersection, e.g., to avoid an errant pedestrian or bicyclist, emergency personnel, construction obstacles, or even to allow a larger vehicle to turn. These and many other valid defenses will not be excused by a camera. Nor will cameras necessarily punish the driver, but instead, in many cases, merely the owner. It will have no effect on unlawful operators of vehicles such as car thieves, or on drivers of leased vehicles, teenage drivers, or any other of the myriad of non-owner drivers. But the owner will always be placed in the unenviable position of either paying the fine or spending time and personal expense to prove his innocence under time-consuming and inconvenient circumstances.
I appreciate the advancement of this bill by Representative Elkins also for the reason that it serves to uphold the integrity of the house.
Keel
HB 266 ON THIRD READING
(by W. Smith)
HB 266, A bill to be entitled An Act relating to the time for processing a county building permit.
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 479
HBi266 was passed. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Denny and Solomons recorded voting no.)
FIVE DAY POSTING RULE SUSPENDED
Representative Pitts moved to suspend the five day posting rule to allow the Committee on Appropriations to have a public hearing on proposed agency appropriations.
The motion prevailed.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Appropriations, 8 a.m. tomorrow, E1.030, for a public hearing, to consider proposed agency appropriations.
FIVE DAY POSTING RULE SUSPENDED
Representative Grusendorf moved to suspend the five day posting rule to allow the Committee on Public Education to consider HB 2.
The motion prevailed.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Public Education, 2 p.m. or upon final adjournment today, E1.026, for a public hearing, to consider HB 2.
PROVIDING FOR ADJOURNMENT
Representative Bonnen moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 10 a.m. tomorrow.
The motion prevailed.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
(Jackson in the chair)
ADJOURNMENT
In accordance with a previous motion, the house, at 11:27 a.m., adjourned until 10 a.m. tomorrow.
480 79th LEGISLATURE — REGULAR 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 5 (By Krusee), Relating to the rate of the state gasoline and diesel fuel taxes.
To Ways and Means.
HB 1452 (By Howard), Relating to the establishment of auxiliary county facilities outside the county seat of certain counties.
To County Affairs.
HB 1453 (By Geren), Relating to the application of the Texas Sunset Act to river authorities and certain other districts.
To Natural Resources.
HB 1454 (By Goolsby), Relating to the enforcement of the prohibition of the sale of fireworks to an intoxicated person and to the prosecution of offenses involving fireworks.
To County Affairs.
HB 1455 (By T. King), Relating to hospital and medical care required to be provided by the Maverick County Hospital District.
To County Affairs.
HB 1456 (By T. King), Relating to the authority of the board of directors of the Maverick County Hospital District to employ health care providers.
To County Affairs.
HB 1457 (By Delisi), Relating to drug compounding by a pharmacy for a practitioner's office use and to distribution of compounded and repackaged drugs to pharmacies under common ownership.
To Public Health.
HB 1458 (By Bailey), Relating to the creation of the Airline Improvement District; providing authority to impose a tax and issue a bond or similar obligation.
To Ways and Means.
HB 1459 (By Leibowitz), Relating to requiring energy-saving devices for vending machines in buildings owned or leased by the state; imposing an administrative fine.
To Government Reform.
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 481
HB 1460 (By Leibowitz), Relating to release of autopsy reports in relation to a workers' compensation or insurance claim.
To Business and Industry.
HB 1461 (By Leibowitz), Relating to notice to consumers regarding personal injury insurance protection offered in connection with personal automobile insurance.
To Insurance.
HB 1462 (By Flores), Relating to the referral by the Texas Water Development Board of certain persons to another state agency, office, or division for investigation or enforcement action.
To Natural Resources.
HB 1463 (By Flores), Relating to the payment of monthly benefits to certain retirees of the Teacher Retirement System of Texas who return to work.
To Pensions and Investments.
HB 1464 (By Flores), Relating to the return of a cash bond to certain criminal defendants.
To Criminal Jurisprudence.
HB 1465 (By Flores), Relating to the removal of a vehicle from a restricted parking space on a parking facility serving a residential building with separate, individually owned dwelling units; providing penalties.
To Urban Affairs.
HB 1466 (By Hamilton), Relating to the punishment for the offense of harboring a runaway child.
To Criminal Jurisprudence.
HB 1467 (By Hamilton), Relating to the offense of prohibited sexual conduct.
To Criminal Jurisprudence.
HB 1468 (By McReynolds), Relating to the counties eligible to create a county assistance district that may impose a sales and use tax.
To County Affairs.
HB 1469 (By Corte), Relating to informed consent to an abortion.
To State Affairs.
HB 1470 (By Hegar), Relating to the collection of certain administrative fees by a community supervision and corrections department.
To Judiciary.
HB 1471 (By Hegar), Relating to the collection and administration of an occupation tax owed to a county.
To Local Government Ways and Means.
HB 1472 (By Casteel), Relating to the authority to file an application for the creation of a management trust during a guardianship proceeding.
To Judiciary.
482 79th LEGISLATURE — REGULAR SESSION
HB 1474 (By Eiland), Relating to certain information contained in records about members, retirees, annuitants, or beneficiaries of the Texas County and District Retirement System.
To Pensions and Investments.
HB 1475 (By Eiland), Relating to repealing certain authority regarding taxation and financing by the Chambers County Public Hospital District No. 1.
To County Affairs.
HB 1476 (By Edwards), Relating to regulation of sexually suggestive performances at certain public school events.
To Public Education.
HB 1477 (By B. Keffer), Relating to jury service.
To Judiciary.
HB 1478 (By Wong), Relating to the eminent domain power of certain municipal management districts.
To Land and Resource Management.
HB 1479 (By Jackson), Relating to the adoption of an ad valorem tax rate by the governing body of certain taxing units.
To Ways and Means.
HB 1480 (By Gattis), Relating to the issuance of special license plates to benefit certain programs.
To Transportation.
HB 1481 (By Gattis), Relating to the offense of disobeying certain motor vehicle traffic warning devices.
To Transportation.
HB 1482 (By Van Arsdale), Relating to reports regarding the use of race, color, ethnicity, or national origin by public institutions of higher education in admissions.
To Higher Education.
HB 1483 (By Frost), Relating to the method of payment for a concealed handgun license and the fee for a duplicate or modified license.
To Law Enforcement.
HB 1484 (By Talton), Relating to the penalty for failing to perform certain duties following a vehicle accident.
To Criminal Jurisprudence.
HB 1485 (By Thompson, McCall, and Hamric), Relating to health benefit plan coverage for screening tests for human papillomavirus and cervical cancer.
To Insurance.
HB 1486 (By Thompson, McCall, and Hamric), Relating to the creation, powers, and duties of a cervical cancer task force.
To Public Health.
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 483
HB 1487 (By Eissler), Relating to the age of children for whom public school kindergarten must be provided.
To Public Education.
HB 1488 (By Hughes), Relating to the minimum salary for public school teachers, librarians, counselors, and nurses.
To Public Education.
HB 1489 (By Turner), Relating to the certification of the amount of excess money in the compensation to victims of crime fund.
To Criminal Jurisprudence.
HB 1490 (By Flynn), Relating to the regulation of credit reporting bureaus; providing penalties.
To Financial Institutions.
HB 1491 (By Flynn), Relating to the issuance of revenue bonds for Texas A&M University–Commerce.
To Higher Education.
HB 1492 (By Naishtat), Relating to work-related exposure to a reportable disease.
To Public Health.
HB 1493 (By Turner), Relating to the publication of notice of intent to obtain a permit from the Texas Commission on Environmental Quality for a facility located or proposed to be located in certain populous counties.
To Environmental Regulation.
HB 1494 (By Wong), Relating to the production or publication of public school performance ratings determined under a local accountability system.
To Public Education.
HB 1495 (By Martinez Fischer), Relating to certain standards applicable to certain inmates confined in a county jail pending transfer to the Texas Department of Criminal Justice.
To County Affairs.
HB 1496 (By Martinez Fischer), Relating to use of money in the Texas Enterprise Fund for recipients who make certain commitments.
To Economic Development.
HB 1497 (By Herrero), Relating to application of school crossing zone speed limits to school-related events.
To Transportation.
HB 1498 (By Herrero), Relating to an offense of using certain portable electronic equipment in the front seat of a motor vehicle.
To Law Enforcement.
HB 1499 (By Phillips), Relating to the definition of certain terms in the Texas Economic Development Act.
To Economic Development.
484 79th LEGISLATURE — REGULAR SESSION
HB 1500 (By J. Moreno), Relating to the creation of an offense involving certain sales of tickets to events; providing a penalty.
To State Affairs.
HB 1501 (By Casteel), Relating to the authority of a guardian of the estate of a ward to make certain gifts of the ward's estate for estate planning purposes.
To Judiciary.
HB 1502 (By J. Davis), Relating to payment for medical assistance provided to an individual who is dually eligible for Medicaid and Medicare.
To Public Health.
HB 1503 (By J. Davis), Relating to the additional exit conference required following inspection, survey, or investigation of certain facilities.
To Human Services.
HB 1504 (By Smithee, et al.), Relating to the issuance of revenue bonds for West Texas A&M University.
To Higher Education.
HB 1505 (By Bonnen), Relating to developing and administering an animal control officer training program.
To Government Reform.
HB 1506 (By Riddle), Relating to community support for applications for the issuance of multifamily housing bonds by housing finance corporations.
To Urban Affairs.
HB 1507 (By Solomons), Relating to the regulation of corporations; providing a penalty.
To Business and Industry.
HB 1508 (By Denny), Relating to reporting of expenditures by persons registered as lobbyists.
To State Affairs.
HB 1509 (By Denny), Relating to the requirements for the validity of a signature on certain petitions.
To Elections.
HB 1510 (By Denny), Relating to the requirements for the validity of a signature on certain petitions.
To Elections.
HB 1511 (By Denny), Relating to the term of appointed members of the elections advisory committee.
To Elections.
HB 1512 (By Merritt), Relating to a requirement that the Bureau of Economic Geology of The University of Texas at Austin conduct a study of the East Texas Oil Field.
To Energy Resources.
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 485
HB 1513 (By Geren), Relating to permit exemptions for certain users of state water.
To Natural Resources.
HB 1514 (By Villarreal), Relating to the suspension of the license or registration of a child-care facility providing care for less than 24 hours a day or the listing of a family home.
To Human Services.
HB 1515 (By Villarreal), Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression; providing penalties.
To Economic Development.
HB 1516 (By Isett), Relating to the Department of Information Resources' management of state electronic and telecommunications services.
To Government Reform.
HB 1517 (By Baxter), Relating to the annexation by a municipality of a water district in its extraterritorial jurisdiction.
To Natural Resources.
HB 1518 (By Callegari), Relating to exempting interbasin transfers of water rights within certain regional water planning areas from certain priority requirements.
To Natural Resources.
HB 1519 (By Laubenberg), Relating to the prohibited use of fireworks; providing penalties.
To County Affairs.
HB 1520 (By Laubenberg), Relating to activities of a winery located in a dry county.
To Licensing and Administrative Procedures.
HB 1521 (By Goolsby and Farabee), Relating to the creation of the TexasNextStep grant program to pay tuition and required fees and textbook costs of certain students enrolled in two-year public institutions of higher education in this state.
To Higher Education.
HB 1522 (By Griggs), Relating to the operation and movement of motorcycles during periods of traffic congestion.
To Law Enforcement.
HB 1523 (By Guillen), Relating to authorizing the issuance of revenue bonds for The University of Texas–Pan American South Texas College Multi-Institution Teaching Center for certain purposes and exempting the property and projects financed by the bonds from prior approval by the Texas Higher Education Coordinating Board.
To Higher Education.
486 79th LEGISLATURE — REGULAR SESSION
HB 1524 (By Crownover), Relating to authorizing the issuance of revenue bonds for the University of North Texas.
To Higher Education.
HB 1525 (By Crownover), Relating to authorizing the issuance of revenue bonds for Texas Woman's University.
To Higher Education.
HB 1526 (By Rodriguez), Relating to the prohibition of employment discrimination by state agencies on the basis of sexual orientation or gender identity.
To Business and Industry.
HB 1527 (By Rodriguez), Relating to a breach in the security of a data system that includes another person's identifying information.
To Business and Industry.
HB 1528 (By Woolley), Relating to the expiration of the other events trust fund established to support local efforts to recruit or retain certain sports events.
To State Affairs.
HB 1529 (By Hodge), Relating to the provision of educational services to certain inmates imprisoned in the institutional division of the Texas Department of Criminal Justice.
To Corrections.
HB 1530 (By Hodge), Relating to the provision of telephone service to inmates and defendants confined in facilities operated by the Texas Department of Criminal Justice.
To Corrections.
HB 1531 (By Jackson), Relating to telematics services excepted from private security regulation.
To Law Enforcement.
HB 1532 (By Rose), Relating to rates for professional liability insurance for physicians and health care providers.
To Insurance.
HB 1533 (By Rose), Relating to abolition of the statutory legislative continuance.
To Judiciary.
HB 1534 (By Rose), Relating to the appointment of a sheriff, municipal police officer, and firefighter to the Critical Infrastructure Protection Council.
To Defense Affairs and State-Federal Relations.
HB 1535 (By Truitt), Relating to the continuation and functions of the Texas Midwifery Board.
To Public Health.
HB 1536 (By Wong, Peña, Chisum, and Turner), Relating to prohibiting derogatory names or designations for public property.
To Government Reform.
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 487
HB 1537 (By Wong), Relating to authorizing the issuance of revenue bonds for The University of Texas M.D. Anderson Cancer Center facilities and infrastructure.
To Higher Education.
HB 1538 (By Hamric), Relating to the authority of a county assessor-collector or the Texas Department of Transportation to refuse to register certain vehicles.
To Transportation.
HB 1539 (By Hamric), Relating to the punishment of the offense of trespassing and to requiring certain defendants convicted of that offense to register as sex offenders.
To Criminal Jurisprudence.
HB 1540 (By Bonnen), Relating to the regulation by the Texas Commission on Environmental Quality of the idling of a motor vehicle while the driver is using the vehicle's sleeper berth.
To Environmental Regulation.
HB 1541 (By Flynn), Relating to authorizing certain uses for student center complex fees charged to students enrolled in component institutions of The Texas A&M University System.
To Higher Education.
HB 1542 (By Flynn), Relating to education courses required for a mortgage broker or loan officer license.
To Financial Institutions.
HB 1543 (By Laubenberg), Relating to including within conduct proscribed by the offense of obstructing a highway or other passageway certain conduct involving the discharge of fireworks.
To Criminal Jurisprudence.
HB 1544 (By Dawson), Relating to removal of corneal tissue from a decedent.
To Public Health.
HB 1545 (By Uresti), Relating to the regulation of podiatry.
To Public Health.
HB 1546 (By McClendon), Relating to the administration and use of the Texas rail relocation and improvement fund and the issuance of obligations for financing the relocation, construction, reconstruction, acquisition, improvement, rehabilitation, and expansion of rail facilities.
To Transportation.
HB 1547 (By Pickett), Relating to the form of the loan contract and related documents for a consumer loan.
To Financial Institutions.
488 79th LEGISLATURE — REGULAR SESSION
HB 1548 (By Flores), Relating to state funding for school districts for transportation of students who would be subject to hazardous traffic conditions while walking.
To Appropriations.
HB 1549 (By Alonzo), Relating to certain warning signs required on certain premises.
To Licensing and Administrative Procedures.
HB 1550 (By Alonzo), Relating to speed limits in certain areas.
To Transportation.
HB 1551 (By Alonzo), Relating to equipping each K-9 law enforcement vehicle with a heat alarm system.
To Law Enforcement.
HB 1552 (By Alonzo), Relating to the absence of a student from school for activities in connection with obtaining United States citizenship.
To Public Education.
HB 1553 (By Alonzo), Relating to the exemptions from compulsory school attendance.
To Public Education.
HB 1554 (By Alonzo), Relating to a report on Hispanic youth offenders.
To Juvenile Justice and Family Issues.
HB 1555 (By Alonzo), Relating to the protection of the rights of Texas voters without regard to race, color, ethnicity, or membership in a language minority group.
To Elections.
HB 1556 (By Alonzo), Relating to persons who are authorized to conduct a marriage ceremony.
To Juvenile Justice and Family Issues.
HB 1557 (By Alonzo), Relating to prohibition of certain insurance discrimination.
To Insurance.
HB 1558 (By J. Davis), Relating to an alternative method of satisfying certain licensing and program participation requirements for assisted living facilities.
To Human Services.
HB 1559 (By J. Davis), Relating to the offense of violating the terms of a court order providing for the possession of or access to a child.
To Juvenile Justice and Family Issues.
HB 1560 (By Strama), Relating to the absence of a student from public school for certain activities.
To Public Education.
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 489
HB 1561 (By Chavez), Relating to the identification information required of a foreign national applying for a driver's license.
To Border and International Affairs.
HB 1562 (By Chavez), Relating to the authority of the Ysleta del Sur Pueblo tribe to enter into interlocal contracts.
To Border and International Affairs.
HB 1563 (By Chavez), Relating to the establishment of a program by the Texas Commission on Environmental Quality for the inspection of land vehicles transporting hazardous waste from Mexico into this state.
To Environmental Regulation.
HB 1564 (By Farabee), Relating to the use of money in the oil-field cleanup fund.
To Energy Resources.
HB 1565 (By Farabee), Relating to establishing a state goal for electric generation capacity using certain emerging generation technologies.
To Regulated Industries.
HB 1566 (By Farabee), Relating to possession of a deadly weapon in a secured area of an airport; creating an offense.
To Criminal Jurisprudence.
HB 1567 (By Ritter, Deshotel, Hamilton, Otto, et al.), Relating to delay in the deregulation of certain electric utilities outside of ERCOT.
To Regulated Industries.
HB 1568 (By Geren), Relating to the definition of an agricultural operation.
To Agriculture and Livestock.
HB 1569 (By Geren), Relating to the powers and duties of the Texas Department of Licensing and Regulation.
To Licensing and Administrative Procedures.
HB 1570 (By Taylor), Relating to time and cost limitations in certain contracts offered by a health maintenance organization.
To Insurance.
HB 1571 (By Taylor), Relating to requirements for a group life insurance policy to be issued for certain employee groups.
To Insurance.
HB 1572 (By Taylor), Relating to the recovery of certain costs and payments relating to losses covered by personal automobile insurance.
To Insurance.
HB 1574 (By Miller), Relating to the offense of fraudulent use or possession of a deceased person's identifying information.
To Criminal Jurisprudence.
HB 1575 (By Dutton and Goodman), Relating to juvenile delinquency; providing a criminal penalty.
To Juvenile Justice and Family Issues.
490 79th LEGISLATURE — REGULAR SESSION
HB 1576 (By Herrero and Gonzalez Toureilles), Relating to the justice court technology fund and to requiring the assessment of a technology fee on conviction of certain misdemeanor offenses.
To Judiciary.
HB 1577 (By Nixon), Relating to the provision of health care services by a physician assistant during a disaster.
To Civil Practices.
HB 1578 (By Goolsby), Relating to the authority of a landlord to charge a tenant to rekey security devices in certain circumstances.
To Business and Industry.
HB 1579 (By Kolkhorst), Relating to eligibility for benefits of and reports concerning certain retired members of the Teacher Retirement System of Texas; imposing a penalty.
To Pensions and Investments.
HB 1580 (By Bohac), Relating to the period for preserving precinct election records.
To Elections.
HB 1581 (By Driver), Relating to the imposition of emergency service fees and surcharges on certain wireless telecommunications connections.
To Regulated Industries.
HB 1582 (By Chavez), Relating to a study of subprime mortgage lending practices in certain counties.
To Financial Institutions.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 14
HCRi28
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
February 25
Criminal Jurisprudence - HBi47, HBi413
Elections - HBi178, HBi350, HBi535
Land and Resource Management - HBi638, HBi957
Public Health - HBi102
Monday, February 28, 2005 HOUSE JOURNAL — 24th Day 491
ENGROSSED
February 24 - HBi160
ENROLLED
February 25 - HCRi28
492 79th LEGISLATURE — REGULAR SESSION