HOUSE JOURNAL


EIGHTIETH LEGISLATURE, REGULAR SESSION


PROCEEDINGS


THIRTY-SIXTH DAY — TUESDAY, MARCH 13, 2007

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 (Recordi100).

Present — Mr. Speaker; Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Absent, Excused — Heflin; Keffer; Olivo; Straus.

The invocation was offered by Pastor Ronnie Norman, senior minister, First Colony Church of Christ, Sugar Land, as follows:

Heavenly Father, we humbly come before you today to bless your name and seek your guidance. We give thanks for our great nation and the freedoms and possibilities we enjoy day by day. Encourage, strengthen, and protect our nation, we pray.

In praying for those in authority, I specifically ask that you show your favor to these men and women who have been ordained by you to help govern this great State of Texas. May these representatives be agents of hope, and may their deeds produce a harvest of justice, goodness, and peace. Grant them your wisdom in abundance and may your kindness rest upon their families and all who assist them in their work. With good will and respect for all, I pray in Christ's name. Amen.

The speaker recognized Representative Zerwas 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 Zerwas and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.

LEAVES OF ABSENCE GRANTED

The following member was granted leave of absence for today because of important business in the district:

Heflin on motion of Flynn.

The following member was granted leave of absence temporarily for today because of important business in the district:

Straus on motion of Flynn.

CAPITOL PHYSICIAN

The speaker recognized Representative Darby who presented Dr. Shelton Jackson of San Angelo as the "Doctor for the Day."

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

(Goolsby 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. 1).

(Speaker in the chair)

HR 747 - ADOPTED
(by O'Day)

Representative O'Day moved to suspend all necessary rules to take up and consider at this time HRi747.

The motion prevailed.

The following resolution was laid before the house:

HR 747, Recognizing March 13, 2007, as Matagorda County Day at the State Capitol.

HR 747 was read and 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:

Dunnam on motion of Burnam.

(Anderson in the chair)

840 80th LEGISLATURE — REGULAR SESSION


HR 744 - READ
(by Callegari)

The chair laid out and had read the following previously adopted resolution:

HR 744,iHonoring Dr. Thomas C. Harrison of Katy for his service to his profession and to the community.

HR 744 - MOTION TO ADD NAMES

On motion of Representative Murphy, the names of all the members of the house were added to HRi744 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Callegari who introduced Dr. ThomasiC. Harrison and members of his family.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of family business:

Eiland on motion of McCall.

(Speaker in the chair)

HR 87 - READ
(by Goolsby)

The chair laid out and had read the following previously adopted resolution:

HR 87,iIn memory of Vidal M. Trevino, former state representative and superintendent of Laredo ISD.

HR 87 - MOTION TO ADD NAMES

On motion of Representative Moreno, the names of all the members of the house were added to HRi87 as signers thereof.

INTRODUCTION OF GUESTS

The speaker recognized Representative Goolsby who introduced family members of the Honorable Vidal M. Trevino.

HCR 2 - ADOPTED
(by Homer)

Representative Homer moved to suspend all necessary rules to take up and consider at this time HCRi2.

The motion prevailed.

The following resolution was laid before the house:

HCR 2, Designating March 13, 2007, as Mount Pleasant/Titus County Day at the State Capitol.

HCR 2 was read and was adopted.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 841


INTRODUCTION OF GUESTS

The speaker recognized Representative Flynn who introduced Colonel John Tanner and Major Robert Farr, members of the ALERT Cadet Program.

(Goolsby in the chair)

HR 750 - ADOPTED
(by Gonzalez Toureilles)

Representative Gonzalez Toureilles moved to suspend all necessary rules to take up and consider at this time HRi750.

The motion prevailed.

The following resolution was laid before the house:

HR 750, Recognizing March 13, 2007, as Bee County Day at the State Capitol.

HR 750 was adopted.

HR 503 - READ
(by Flynn, et al.)

The chair laid out and had read the following previously adopted resolution:

HR 503,iRecognizing March 13, 2007, as Van Zandt County Day at the State Capitol.

HR 638 - ADOPTED
(by Zerwas)

Representative Zerwas moved to suspend all necessary rules to take up and consider at this time HRi638.

The motion prevailed.

The following resolution was laid before the house:

HR 638, In memory of Stephen Robert Sandler.

(Speaker in the chair)

HR 638 was read and was unanimously adopted by a rising vote.

INTRODUCTION OF GUESTS

The speaker recognized Representative Zerwas who introduced family members of Stephen Robert Sandler.

HR 5 - ADOPTED
(by Zerwas)

Representative Zerwas moved to suspend all necessary rules to take up and consider at this time HRi5.

The motion prevailed.

The following resolution was laid before the house:

842 80th LEGISLATURE — REGULAR SESSION


HR 5, Welcoming the 2006-2007 class of Leadership Wharton County to the State Capitol.

HR 5 was adopted.

HR 774 - ADOPTED
(by Hughes)

Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi774.

The motion prevailed.

The following resolution was laid before the house:

HR 774, Congratulating Stephen Cody Terry and Kendra Michelle Payne on their engagement.

HR 774 was adopted.

On motion of Representatives Hopson and Merritt, the names of all the members of the house were added to HRi774 as signers thereof.

INTRODUCTION OF GUESTS

The speaker recognized Representatives Hughes, Hopson, and Merritt who introduced Stephen Cody Terry who asked Kendra Michelle Payne for her hand in marriage. The house congratulated the newly affianced couple.

GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING

The following bills were laid before the house and read third time:

HB 334 ON THIRD READING
(by Hartnett)

HB 334, A bill to be entitled An Act relating to district court jurisdiction over suits concerning trusts.

A record vote was requested.

HBi334 was passed by (Record 101): 138 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 843


Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Crabb; Hamilton; King, S.; Smithee; Taylor.

STATEMENTS OF VOTE

When Record No. 101 was taken, I was temporarily out of the house chamber. I would have voted yes.

Crabb

When Record No. 101 was taken, I was in the house but away from my desk. I would have voted yes.

Taylor

HB 864 ON THIRD READING
(by Callegari)

HB 864, A bill to be entitled An Act relating to a garagekeeper's duty to report the abandonment of a motor vehicle.

A record vote was requested.

HBi864 was passed by (Record 102): 141 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

844 80th LEGISLATURE — REGULAR SESSION


Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Cohen; Mowery.

STATEMENT OF VOTE

When Record No. 102 was taken, my vote failed to register. I would have voted yes.

Cohen

HB 1311 ON THIRD READING
(by Bonnen)

HB 1311, A bill to be entitled An Act relating to requiring certain municipalities to disannex land owned by a navigation district.

A record vote was requested.

HBi1311 was passed by (Record 103): 136 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Nays — Hartnett; Thompson.

Present, not voting — Mr. Speaker(C); Howard, D.

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Callegari; Crownover; Pierson; Taylor.

STATEMENTS OF VOTE

When Record No. 103 was taken, I was in the house but away from my desk. I would have voted yes.

Crownover

I was shown voting yes on Record No. 103. I intended to vote no.

Garcia

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 845


I was shown voting yes on Record No. 103. I intended to vote no.

Herrero

When Record No. 103 was taken, I was in the house but away from my desk. I would have voted yes.

Pierson

When Record No. 103 was taken, I was in the house but away from my desk. I would have voted yes.

Taylor

HB 335 ON THIRD READING
(by Hartnett)

HB 335, A bill to be entitled An Act relating to the time for a court reporter to provide a transcript of the evidence in a case.

A record vote was requested.

HBi335 was passed by (Record 104): 140 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Brown, B.; Jackson; Taylor.

HB 316 ON THIRD READING
(by Miller)

HB 316, A bill to be entitled An Act relating to the ad valorem taxation of certain property that is part of a rail facility owned by certain rural rail transportation districts.

846 80th LEGISLATURE — REGULAR SESSION


A record vote was requested.

HBi316 was passed by (Record 105): 140 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Pierson; Ritter; Taylor.

STATEMENTS OF VOTE

When Record No. 105 was taken, I was in the house but away from my desk. I would have voted yes.

Pierson

When Record No. 105 was taken, I was in the house but away from my desk. I would have voted yes.

Taylor

HB 336 ON THIRD READING
(by Hartnett)

HB 336, A bill to be entitled An Act relating to the administration and operation of certain trusts.

A record vote was requested.

HBi336 was passed by (Record 106): 141 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver;

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 847


Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Hughes; Pierson.

STATEMENT OF VOTE

When Record No. 106 was taken, I was in the house but away from my desk. I would have voted yes.

Pierson

HB 1312 ON THIRD READING
(by Bonnen)

HB 1312, A bill to be entitled An Act relating to the annexation by certain municipalities of land owned by a navigation district.

A record vote was requested.

HBi1312 was passed by (Record 107): 140 Yeas, 1 Nays, 3 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond;

848 80th LEGISLATURE — REGULAR SESSION


Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Nays — Garcia.

Present, not voting — Mr. Speaker(C); Hartnett; Howard, D.

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

STATEMENT OF VOTE

I was shown voting yes on Record No. 107. I intended to vote no.

Herrero

MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING

The following bills were laid before the house and read second time:

CSHB 1098 ON SECOND READING
(by Bonnen, Delisi, Flynn, C. Howard, Keffer, et al.)

CSHB 1098, A bill to be entitled An Act relating to immunization against human papilloma virus.

CSHB 1098 - POINT OF ORDER

Representative Thompson raised a point of order against further consideration of CSHB 1098 under Rule 6, Section 5 on the grounds that it violates rules governing special orders and Rule 6, Section 7 on the grounds that the bill was inappropriately placed on the calendar.

The speaker overruled the point of order.

Amendment No. 1

Representative Farrar offered the following amendment to CSHBi1098:

Amend CSHB 1098 on page 1 as follows:

(1) On line 7, strike "Subsections (b-1) and [Subsection]" and substitute "Subsection".

(2) Strike lines 13-16 and substitute the following:

"(b-1) Any executive order by the governor imposing an requirement for a person's immunization against human papilloma virus before admission to any elementary or secondary school is void."

Representative Bonnen moved to table Amendment No. 1.

A record vote was requested.

The motion to table prevailed by (Record 108): 89 Yeas, 49 Nays, 1 Present, not voting.

Yeas — Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Driver; Eissler;

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 849


Elkins; England; Farabee; Flynn; Frost; Garcia; Gattis; Geren; Goolsby; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hilderbran; Hill; Hopson; Howard, C.; Hughes; Isett; Jackson; Jones; King, P.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Lucio; Macias; Madden; Mallory Caraway; McReynolds; Merritt; Miller; Morrison; Murphy; O'Day; Orr; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Riddle; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Taylor; Truitt; Van Arsdale; Vaught; West; Woolley; Zedler; Zerwas.

Nays — Allen; Alonzo; Bolton; Burnam; Castro; Chavez; Cohen; Coleman; Davis, Y.; Deshotel; Dukes; Escobar; Farias; Farrar; Flores; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Hernandez; Herrero; Hochberg; Homer; Howard, D.; King, T.; Leibowitz; Martinez; Martinez Fischer; McClendon; Menendez; Miles; Moreno; Naishtat; Noriega; Oliveira; Ortiz; Pierson; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Thompson; Turner; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Dutton; Hodge; King, S.; McCall; Mowery.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 108. I intended to vote no.

Anchia

I was shown voting yes on Record No. 108. I intended to vote no.

Garcia

When Record No. 108 was taken, my vote failed to register. I would have voted yes.

S. King

When Record No. 108 was taken, I was in the house but away from my desk. I would have voted yes.

McCall

I was shown voting yes on Record No. 108. I intended to vote no.

Strama

Amendment No. 2

Representative Farrar offered the following amendment to CSHBi1098:

Amend CSHB 1098 on page 1, line 15, between "school" and the period by inserting "only if, for the school year beginning in 2012, the Texas immunization rate for the human papilloma virus among girls between the ages of 12 and 18 is 70 percent or greater as determined by the Centers for Disease Control".

Representative Bonnen moved to table Amendment No. 2.

A record vote was requested.

850 80th LEGISLATURE — REGULAR SESSION


The motion to table prevailed by (Record 109): 92 Yeas, 45 Nays, 2 Present, not voting.

Yeas — Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Deshotel; Driver; Eissler; Elkins; England; Farabee; Flynn; Gattis; Geren; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hilderbran; Hill; Howard, C.; Hughes; Isett; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Lucio; Macias; Madden; Mallory Caraway; Martinez; McCall; McReynolds; Merritt; Miller; Murphy; O'Day; Orr; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Quintanilla; Riddle; Ritter; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; West; Woolley; Zedler; Zerwas.

Nays — Allen; Alonzo; Anchia; Bolton; Burnam; Castro; Chavez; Cohen; Coleman; Davis, Y.; Escobar; Farias; Farrar; Flores; Frost; Gallego; Garcia; Giddings; Gonzales; Gonzalez Toureilles; Hernandez; Herrero; Hochberg; Homer; Howard, D.; Leibowitz; Martinez Fischer; McClendon; Menendez; Miles; Moreno; Mowery; Naishtat; Noriega; Oliveira; Ortiz; Pierson; Puente; Raymond; Rodriguez; Strama; Thompson; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C); Dukes.

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Dutton; Hodge; Hopson; Jackson; Morrison.

STATEMENTS OF VOTE

When Record No. 109 was taken, my vote failed to register. I would have voted yes.

Hopson

I was shown voting yes on Record No. 109. I intended to vote no.

Quintanilla

Amendment No. 3

Representative Castro offered the following amendment to CSHBi1098:

Amend CSHB 1098 on page 1, line 15, between "school" and the period by inserting "; however, educational material about the human papilloma virus vaccine that is unbiased, medically, and scientifically accurate, and peer reviewed shall be distributed to each parent or legal guardian at the appropriate time in the immunization schedule by the appropriate school".

Amendment No. 3 was adopted.

A record vote was requested.

CSHB 1098, as amended, was passed to engrossment by (Record 110): 119 Yeas, 21 Nays, 1 Present, not voting.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 851


Yeas — Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Deshotel; Driver; Dukes; Eissler; Elkins; England; Farabee; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Murphy; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Raymond; Riddle; Ritter; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Woolley; Zedler; Zerwas.

Nays — Allen; Alonzo; Bolton; Burnam; Cohen; Coleman; Davis, Y.; Escobar; Farias; Farrar; Gonzales; Hernandez; Hochberg; Howard, D.; Miles; Moreno; Naishtat; Quintanilla; Rodriguez; Thompson; Villarreal.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Dutton; Gonzalez Toureilles; Mowery.

STATEMENT OF VOTE

When Record No. 110 was taken, I was temporarily out of the house chamber. I would have voted no.

Gonzalez Toureilles

REASON FOR VOTE

I voted no on CSHB 1098 because cancer experts have told me personally that this vaccine is safe, effective, and will reduce cervical cancer, a deadly disease. The measure that CSHB 1098 cancels would have absolutely allowed any parent to exempt their children from the vaccination, so parental rights are not an issue in this debate. While I disagree with the governor's use of executive orders on this and other issues, the bill goes beyond that by prohibiting medical professionals within the Department of Health from even considering adding this vaccine to the required list.

Hochberg

GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING

The following bills were laid before the house and read second time:

852 80th LEGISLATURE — REGULAR SESSION


CSHB 121 ON SECOND READING
(by Dukes, McClendon, Bolton, et al.)

CSHB 121, A bill to be entitled An Act relating to public school policies designed to prevent dating violence.

Amendment No. 1

Representative Y. Davis offered the following amendment to CSHBi121:

Amend CSHB 121 on page 1, between lines 19 and 20, by adding the following appropriately numbered SECTION to the bill and renumbering the subsequent SECTIONS accordingly:

SECTIONi___.iiSubchapter A, Chapter 38, Education Code, is amended by adding Section 38.0041 to read as follows:

Sec.i38.0041.iiDOMESTIC VIOLENCE PREVENTION PILOT PROJECT. (a) The commissioner shall establish a pilot project under which the agency provides an age-appropriate curriculum concerning issues of domestic violence for students in grades 9 and 10 in school districts selected by the commissioner from the following counties:

(1)iiBexar County;

(2)iiDallas County; and

(3)iiHarris County.

(b)iiNotwithstanding Subsection (a), the commissioner may not implement the pilot project in the Garland Independent School District.

(c)iiThe curriculum adopted by the agency must be designed to foster an environment of safety, support, and respect for families affected by domestic violence through prevention and education. The curriculum must:

(1)iiensure that students understand the issues of domestic violence, family violence, and violence associated with teen dating;

(2)iiteach students nonviolent choices; and

(3)iiteach students how to develop healthy relationships.

(d)iiThe agency may administer the pilot project in cooperation with a nonprofit organization that exists to support families affected by domestic violence.

(e)iiThe project is funded by appropriations if made, and by gifts, grants, and donations made for that purpose. The agency shall solicit gifts and grants from any public or private source and seek federal funding for the use and benefit of the project.

(f)iiThe agency shall report to the legislature describing the agency's activities under the pilot project, the effect of the project on education about domestic violence issues, and the recommendations arising from the project. The agency shall submit an interim report under this subsection not later than January 1, 2011, and a final report not later than January 1, 2013.

(g)iiThis section expires January 1, 2013.

Amendment No. 1 was adopted.

A record vote was requested.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 853


CSHB 121, as amended, was passed to engrossment by (Record 111): 97 Yeas, 37 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Bailey; Bohac; Bolton; Bonnen; Branch; Burnam; Callegari; Castro; Chavez; Cohen; Coleman; Cook, R.; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dutton; Eissler; England; Escobar; Farabee; Farias; Farrar; Flores; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hamilton; Hartnett; Hernandez; Herrero; Hill; Hochberg; Hodge; Homer; Hopson; Howard, D.; Isett; Jones; King, S.; King, T.; Kolkhorst; Krusee; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miles; Miller; Moreno; Mowery; Naishtat; Noriega; Oliveira; Orr; Ortiz; Otto; Peña; Pickett; Pierson; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Smith, T.; Strama; Thompson; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; Zedler.

Nays — Aycock; Berman; Brown, B.; Brown, F.; Chisum; Christian; Corte; Crabb; Elkins; Flynn; Hancock; Harless; Harper-Brown; Howard, C.; King, P.; Kuempel; Latham; Laubenberg; Macias; Merritt; Morrison; Murphy; O'Day; Parker; Patrick; Paxton; Phillips; Pitts; Riddle; Smith, W.; Smithee; Swinford; Talton; Taylor; West; Woolley; Zerwas.

Present, not voting — Mr. Speaker(C); Cook, B.

Absent, Excused — Dunnam; Eiland; Heflin; Keffer; Olivo; Straus.

Absent — Deshotel; Haggerty; Hardcastle; Hilderbran; Hughes; Jackson; Solomons; Truitt.

STATEMENTS OF VOTE

I was shown voting present, not voting on Record No. 111. I intended to vote no.

B. Cook

I was shown voting yes on Record No. 111. I intended to vote no.

Geren

When Record No. 111 was taken, I was in the house but away from my desk. I would have voted yes.

Haggerty

When Record No. 111 was taken, my vote failed to register. I would have voted yes.

Hilderbran

I was shown voting yes on Record No. 111. I intended to vote no.

Homer

I was shown voting yes on Record No. 111. I intended to vote no.

Kolkhorst

854 80th LEGISLATURE — REGULAR SESSION


I was shown voting no on Record No. 111. I intended to vote yes.

Patrick

When Record No. 111 was taken, my vote failed to register. I would have voted no.

Solomons

When Record No. 111 was taken, my vote failed to register. I would have voted no.

Truitt

I was shown voting yes on Record No. 111. I intended to vote no.

Zedler

HB 76 ON SECOND READING
(by Naishtat)

HB 76, A bill to be entitled An Act relating to the collection and analysis of information relating to certain sexual offenses.

Amendment No. 1

Representative Martinez Fischer offered the following amendment to HBi76:

Amend HB 76 (House Committee Printing) as follows:

(1) on page 1, line 21, between "Sections 22.011" and "and 22.021", insert ",i21.12, 21.15,".

(2) on page 3, line 25, between "Sections 22.011" and "and 22.021", insert ",i21.12, 21.15,".

(3) on page 4, line 9, between "Section 22.011" and "or 22.021", insert ",i21.12,i21.15,".

Amendment No. 1 was adopted.

HB 76, as amended, was passed to engrossment. (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. No members registered their position on this measure.)

CSHB 407 ON SECOND READING
(by Chisum, Naishtat, Crownover, Berman, Truitt, et al.)

CSHB 407, A bill to be entitled An Act relating to the establishment of a home-delivered meal grant program in the Department of Agriculture.

CSHBi407 was passed to engrossment. (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. No members registered their position on this measure.)

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 855


CSHB 624 ON SECOND READING
(by P. King, Taylor, Woolley, et al.)

CSHB 624, A bill to be entitled An Act relating to the securitization of the nonbypassable delivery rates of transmission and distribution utilities.

(Straus now present)

Amendment No. 1

Representative Leibowitz offered the following amendment to CSHBi624:

Amend CSHB 624 on page 4, line 9, after the underlined period, by inserting "A retail electric provider shall be required to appropriately refund or credit to their customers any reduction in rates or any credits received from the utility under this section."

Amendment No. 1 was adopted. (Noriega recorded voting present, not voting.)

CSHB 624, as amended, was passed to engrossment. (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: Noriega recorded voting present, not voting.)

CSHB 958 ON SECOND READING
(by Bonnen, et al.)

CSHB 958, A bill to be entitled An Act relating to certain requirements imposed on a sex offender who enters the premises of a school.

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. 12).

CSHB 958 - (consideration continued)

Amendment No. 1

Representative Martinez Fischer offered the following amendment to CSHBi958:

Amend CSHB 958 (house committee printing) as follows:

(1) On page 4, line 1, between "Code" and the period, insert ", including an educational program provided by the Texas Youth Commission to children who are committed to the commission".

(2) Add the following appropriately numbered SECTION to the bill:

SECTION ____. Subchapter B, Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.065 to read as follows:

856 80th LEGISLATURE — REGULAR SESSION


Art. 62.065. PROHIBITED LOCATION. (a) Notwithstanding Article 62.064 and except as provided by Subsection (b), a person who is required to register under this chapter may not work or reside within or go in, on, or within 1,000 feet of a premises used to provide an educational program to children who are committed to the Texas Youth Commission.

(b) This article does not apply to a person who seeks to enter the premises during the standard operating hours of the educational program and who is the parent, conservator, or legal guardian of a child committed to the commission. The person shall notify appropriate administrative authorities of the person's presence on the premises as required by Article 62.064.

(3) Renumber existing SECTIONS accordingly.

Amendment No. 1 was adopted.

CSHB 958, as amended, was passed to engrossment. (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. No members registered their position on this measure.)

(Dutton in the chair)

RESOLUTIONS ADOPTED

Representative Madden moved to suspend all necessary rules in order to take up and consider at this time HCR 133, HCR 147, HR 658 - HR 661, HRi668, HR 757, and HR 796.

The motion prevailed.

The following resolutions were laid before the house:

HCR 133 (by Craddick), Commending Larry Carroll of Midland on his 30 years of service with Permian Basin Community Centers for Mental Health and Mental Retardation.

HCR 147 (by Craddick), Congratulating Beverly Marie Pevehouse of Midland on her receipt of the Hope Award from the National Multiple Sclerosis Society.

HR 658 (by Dutton), Congratulating Karen Eubanks Jackson on her receipt of the Audrey Lawson Impact Award for service in the community.

HR 659 (by Dutton), Congratulating Dr. Melonie R. Dutton Lewis on her receipt of the Audrey Lawson Impact Award for service in the community.

HR 660 (by Dutton), Congratulating Argentina M. James on her receipt of the Audrey Lawson Impact Award for service in the community.

HR 661 (by Dutton), Congratulating Deavra A. Daughtry on her receipt of the Audrey Lawson Impact Award for service in the community.

HR 668 (by Dutton), Congratulating M. Annette Cluff on her receipt of the Audrey Lawson Impact Award for service in the community.

HR 757 (by Guillen), Recognizing March 14, 2007, as Duval County Day at the State Capitol.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 857


HR 796 (by Flores), Honoring Rene Garcia of Penitas for his outstanding service to Halliburton Energy Services.

The resolutions were adopted.

COMMITTEES GRANTED PERMISSION TO MEET

Pursuant to House Rule 4, Section 9, Representative B. Cook requested permission for all committees and subcommittees to meet while the house is in session, during bill referral today, pursuant to their committee postings.

Permission to meet was granted.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

State Affairs, during bill referral today, 3W.9, for a formal meeting, to consider committee business.

Culture, Recreation, and Tourism is cancelled.

FIVE DAY POSTING RULE SUSPENDED

Representative Madden moved to suspend the five day posting rule to allow the Joint Select Committee on the Operation and Management of the Texas Youth Commission to hear invited testimony at 1:30 p.m. tomorrow in E1.030.

The motion prevailed.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

House Administration, upon adjournment today, Desk 93, Representative Goolsby's desk.

PROVIDING FOR ADJOURNMENT

Representative Noriega moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 10ia.m. tomorrow in memory of James E. Keffer of Dallas.

The motion prevailed.

BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES

RESOLUTIONS REFERRED TO COMMITTEES

CORRECTIONS IN REFERRAL

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. Pursuant to Rule 1, Section 4 of the House Rules, the chair at this time corrected the referral of measures to committees. (See the addendum to the daily journal, Referred to Committees, List Nos. 1 and 2.)

(Miller in the chair)

858 80th LEGISLATURE — REGULAR SESSION


ADJOURNMENT

In accordance with a previous motion, the house, at 2:27 p.m., adjourned until 10ia.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 2476 (By Miller), Relating to the sale and possession of horsemeat and the sale of equine animals.

To Agriculture and Livestock.

HB 2510 (By Martinez), Relating to the creation, administration, powers, duties, operations, and financing of a commuter rail district; granting the authority to issue bonds; granting the power of eminent domain.

To Transportation.

HB 2511 (By Martinez), Relating to a dental services voucher pilot program in border-region counties.

To Border and International Affairs.

HB 2512 (By Dutton), Relating to the capacity and location of correctional facilities operated by the Texas Youth Commission and the transfer of correctional facilities from the Texas Youth Commission to the Texas Department of Criminal Justice.

To Corrections.

HB 2513 (By Villarreal), Relating to the annual school district property value study conducted by the comptroller of public accounts.

To Local Government Ways and Means.

HB 2514 (By McClendon), Relating to the creation of an arts and entertainment district by a populous municipality.

To Public Health.

HB 2515 (By McClendon), Relating to the continuation and functions of the State Office of Risk Management.

To Business and Industry.

HB 2516 (By Y. Davis), Relating to the imposition of sanctions by the commissioner of education on certain school districts that fail to comply with certain commitments and covenants.

To Public Education.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 859


HB 2517 (By Y. Davis), Relating to damages for certain harassment by an employer.

To Economic Development.

HB 2518 (By Y. Davis), Relating to the posting by the General Land Office of information about the process for purchasing commercial real estate from the School Land Board.

To Land and Resource Management.

HB 2519 (By Y. Davis), Relating to transition-to-work benefits under the workers' compensation system for certain employees who have incurred a compensable injury.

To Business and Industry.

HB 2520 (By Y. Davis), Relating to a domestic violence education pilot project in certain school districts.

To Public Education.

HB 2521 (By Y. Davis), Relating to a temporary moratorium on permits for certain coal-fired electric generating facilities and to a contemporaneous study of the projected demand for electric generating capacity in this state and the potential for and consequences of reducing or meeting that demand by various means.

To Environmental Regulation.

HB 2522 (By Parker), Relating to use of electronically readable information from a driver's license or personal identification certificate by a commercial business.

To Law Enforcement.

HB 2523 (By Parker), Relating to the authority of the Denton County Municipal Utility District No. 6 to divide into two districts.

To Natural Resources.

HB 2524 (By McClendon), Relating to the establishment of a pilot project to construct a public safety triage and detoxification unit and the provision of mental health and substance abuse treatment.

To Culture, Recreation, and Tourism.

HB 2525 (By Dutton), Relating to prohibiting discrimination in the sale of distilled spirits to wholesalers.

To Licensing and Administrative Procedures.

HB 2526 (By Coleman), Relating to the creation of the Center for Correctional Public Health and Health Promotion.

To Corrections.

HB 2527 (By Coleman), Relating to prevention of discrimination and harassment in public schools.

To Public Education.

860 80th LEGISLATURE — REGULAR SESSION


HB 2528 (By Coleman), Relating to personnel, employment, and other human resources functions of the Health and Human Services Commission and health and human services agencies.

To Human Services.

HB 2529 (By Patrick), Relating to field testing of assessment instruments on public school campuses.

To Public Education.

HB 2530 (By Patrick), Relating to state assessment of public school students in social studies in the fifth grade.

To Public Education.

HB 2531 (By Olivo), Relating to the creation of the Fort Bend County Municipal Utility District No. 183; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

To Natural Resources.

HB 2532 (By Patrick), Relating to the expulsion and placement in alternative settings of public school students who engage in conduct constituting certain felonies.

To Public Education.

HB 2533 (By Strama), Relating to the computation of taxable margin for purposes of the revised franchise tax by certain taxable entities.

To Ways and Means.

HB 2534 (By Solomons), Relating to a provision making a motor vehicle retail installment contract conditional on transfer of the contract to a holder.

To Financial Institutions.

HB 2535 (By Chavez), Relating to the authority of federally recognized Indian tribes along the Texas-Mexico border to engage in bingo.

To Border and International Affairs.

HB 2536 (By Chavez), Relating to the membership and duties of the Public Safety Commission.

To Border and International Affairs.

HB 2537 (By Macias), Relating to liability for hiring an employee or an independent contractor who has been convicted of a nonviolent criminal offense.

To Civil Practices.

HB 2538 (By Isett), Relating to the treatment of professional services for purposes of restricting the use of political contributions or reporting political contributions and expenditures; providing a criminal penalty.

To Elections.

HB 2539 (By Isett), Relating to a medical assistance opt-out program.

To Human Services.

HB 2540 (By Isett), Relating to implementing a pilot project to streamline and expedite the cost reporting and auditing process for certain providers.

To Human Services.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 861


HB 2541 (By Leibowitz), Relating to certain requirements concerning solid waste facilities, including recycling facilities.

To Environmental Regulation.

HB 2542 (By Kolkhorst), Relating to the continuation and functions of the Office of Rural Community Affairs.

To Agriculture and Livestock.

HB 2543 (By Kolkhorst), Relating to the continuation and operation of the Texas Animal Health Commission; providing penalties.

To Agriculture and Livestock.

HB 2544 (By Eiland), Relating to increasing the minimum amount of the local option residence homestead exemption from ad valorem taxation by a taxing unit from $5,000 to $30,000.

To Ways and Means.

HB 2545 (By Noriega), Relating to an air permits database created and maintained by the Texas Commission on Environmental Quality.

To Environmental Regulation.

HB 2546 (By Noriega), Relating to the sale of ammonium nitrate; creating an offense.

To Agriculture and Livestock.

HB 2547 (By T. Smith), Relating to rate filing requirements and rating standards for commercial property insurers.

To Insurance.

HB 2548 (By T. Smith), Relating to coverage limitations in health benefit plans.

To Insurance.

HB 2549 (By T. Smith), Relating to extension of group life insurance to eligible children.

To Insurance.

HB 2550 (By T. Smith), Relating to authorized investments in securities or property for foreign companies.

To Insurance.

HB 2551 (By T. Smith), Relating to refund of excessive or unfairly discriminatory premium, providing penalties.

To Insurance.

HB 2552 (By T. Smith), Relating to claims cost reporting requirements for issuers of state-regulated group health benefit plans.

To Insurance.

HB 2553 (By Callegari), Relating to certain limitations on the ad valorem tax rates of certain taxing units.

To Local Government Ways and Means.

862 80th LEGISLATURE — REGULAR SESSION


HB 2554 (By Kolkhorst), Relating to the organization and employees of the Department of Aging and Disability Services.

To Human Services.

HB 2555 (By Kolkhorst), Relating to licensing, regulation, and reporting regarding certain facilities providing personal care to persons with disabilities; providing penalties.

To Human Services.

HB 2556 (By Zerwas), Relating to authorizing the issuance of revenue bonds for Prairie View A&M University.

To Higher Education.

HB 2557 (By Zerwas), Relating to the authority of the Texas Department of Transportation to enter real property for a toll project.

To Transportation.

HB 2558 (By Otto), Relating to managing the assets of the Texas preservation trust fund account.

To Ways and Means.

HB 2559 (By Otto), Relating to the authority of a dealer to conduct certain motor vehicle sales outside of a dealership.

To Transportation.

HB 2560 (By Zedler), Relating to the posting of school district check registers

To Public Education.

HB 2561 (By Puente), Relating to the authority of a water and sewer utility to acquire property by eminent domain.

To Land and Resource Management.

HB 2562 (By Puente), Relating to water utility systems consolidated under a single tariff.

To Natural Resources.

HB 2563 (By Hancock), Relating to the powers and duties of the boards of trustees and superintendents of independent school districts and of regional education service centers.

To Public Education.

HB 2564 (By Hancock), Relating to the authority of a governmental body to require the payment of a charge before complying with certain requests for the production of public information or for copies of public information.

To State Affairs.

HB 2565 (By Madden), Relating to the establishment of an advisory committee on motor vehicle inspections related to safety and emissions.

To Environmental Regulation.

HB 2566 (By Madden), Relating to a document or instrument filed by an inmate with a court concerning real or personal property.

To Corrections.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 863


HB 2567 (By Straus), Relating to energy savings performance contracts.

To Energy Resources.

HB 2568 (By Thompson), Relating to an arts and humanities pilot program in certain school districts.

To Public Education.

HB 2569 (By Thompson), Relating to abolition of certain fraud reporting requirements regarding motor vehicle insurance.

To Insurance.

HB 2570 (By Thompson), Relating to violation surcharges in automobile insurance rating plans.

To Insurance.

HB 2571 (By Thompson), Relating to the exclusion of a residential tenant.

To Business and Industry.

HB 2572 (By Thompson), Relating to a requirement that a recipient of money from the Texas Enterprise Fund provide a health benefit plan for its employees.

To Economic Development.

HB 2573 (By Thompson), Relating to the dismissal of a criminal action.

To Criminal Jurisprudence.

HB 2574 (By Thompson), Relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants.

To Criminal Jurisprudence.

HB 2575 (By Thompson), Relating to an order of expunction or similar order with respect to certain arrest records and files.

To Criminal Jurisprudence.

HB 2576 (By Thompson), Relating to certain determinations made by a judge before granting deferred adjudication in a criminal case.

To Criminal Jurisprudence.

HB 2577 (By Puente), Relating to the exchange of information among certain governmental entities concerning at-risk youth.

To Juvenile Justice and Family Issues.

HB 2579 (By Coleman), Relating to the provision of health care services to an employee who sustains a compensable injury.

To Business and Industry.

HB 2580 (By Naishtat), Relating to the designation by the Department of Family and Protective Services of an individual to consent on behalf of the department to medical care for a child in foster care.

To Human Services.

HB 2581 (By Naishtat), Relating to the Medicaid buy-in program.

To Public Health.

864 80th LEGISLATURE — REGULAR SESSION


HB 2582 (By Naishtat), Relating to prohibiting employer retaliation against certain employees who report abuse, neglect, or exploitation of an elderly or disabled person.

To Human Services.

HB 2583 (By Lucio), Relating to a defendant's eligibility for deferred adjudication of driving while intoxicated with a child passenger.

To Criminal Jurisprudence.

HB 2584 (By Noriega), Relating to payment for health care services provided to a Medicaid recipient under a managed care plan; providing a penalty.

To Insurance.

HB 2585 (By Aycock), Relating to the authority of the State Board of Veterinary Medical Examiners to assess certain administrative costs.

To Agriculture and Livestock.

HB 2586 (By Aycock), Relating to the authority of the State Board of Veterinary Medical Examiners to commission a peace officer.

To Agriculture and Livestock.

HB 2587 (By Ritter), Relating to disclosure of insurance coverage for certain expenses incurred because of compliance with an emergency evacuation order.

To Insurance.

HB 2588 (By Corte), Relating to participation by private school students in University Interscholastic League sponsored activities.

To Public Education.

HB 2589 (By McCall), Relating to the imposition of a civil penalty in connection with a self-corrected statement, registration, or report filed with the Texas Ethics Commission.

To Elections.

HB 2590 (By McCall), Relating to requirements regarding motor vehicle retail installment transactions.

To Financial Institutions.

HB 2591 (By Bonnen), Relating to county improvement of subdivision roads.

To County Affairs.

HB 2592 (By Bonnen), Relating to the powers and duties of the Angleton-Danbury Hospital District of Brazoria County, Texas.

To County Affairs.

HB 2593 (By Bonnen), Relating to the sales tax on computer program services.

To Ways and Means.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 865


HB 2594 (By Miles), Relating to the authority of law-enforcement officers to escort a child to a school campus to ensure the child's compliance with compulsory school attendance requirements.

To Public Education.

HB 2595 (By Miles), Relating to providing financial assistance to certain kinship caregivers.

To Appropriations.

HB 2596 (By Homer), Relating to the submission of a candidate's application for a place on the ballot.

To Elections.

HB 2597 (By Homer), Relating to allowing state employees and employees of a public junior college to receive payment for a portion of accrued vacation or sick leave at a discounted rate.

To Higher Education.

HB 2598 (By Homer), Relating to the creation and funding of the Texas Rural Job Development Fund.

To Agriculture and Livestock.

HB 2599 (By Raymond), Relating to reinstitution of the Urban Street Program.

To Transportation.

HB 2600 (By Raymond), Relating to the acquisition of an international railroad toll bridge by certain counties.

To Border and International Affairs.

HB 2601 (By Raymond), Relating to the instruction of American Sign Language in public high schools.

To Public Education.

HB 2602 (By Truitt), Relating to the regulation of certain chiropractic clinics; creating an offense and providing civil and criminal penalties.

To Public Health.

HB 2603 (By Escobar), Relating to discounts on highway tolls offered to certain disabled veterans.

To Defense Affairs and State-Federal Relations.

HB 2604 (By Miles), Relating to planning and administration of the state's historically underutilized business program.

To Government Reform.

HCR 138 (By Strama), Granting WB IND-HP, Ltd., permission to sue the state, the Texas Building and Procurement Commission, and the Texas Department of Public Safety.

To Civil Practices.

866 80th LEGISLATURE — REGULAR SESSION


HCR 141 (By Martinez), Respectfully urging the United States Congress to appropriate funds to ensure that the United States Citizenship and Immigration Services can provide an immigration and naturalization processing system that is both efficient and secure.

To State Affairs.

HJR 83 (By Zedler), Proposing a constitutional amendment to establish English as the official language of Texas.

To State Affairs.

HJR 84 (By Van Arsdale), Proposing a constitutional amendment authorizing the legislature to permit an owner of real property to require that ad valorem taxes be imposed on the property on the basis of a five-year average taxable value.

To Ways and Means.

HJR 85 (By Van Arsdale), Proposing a constitutional amendment requiring a contract with an entity to operate the state lottery to be approved by a majority of the members of each house of the legislature.

To Licensing and Administrative Procedures.

HJR 86 (By Eiland), Proposing a constitutional amendment to increase the minimum amount of the local option residence homestead exemption from ad valorem taxation by a political subdivision from $5,000 to $30,000.

To Ways and Means.

HJR 88 (By Straus), Proposing a constitutional amendment to allow library districts to impose property taxes.

To Ways and Means.

HJR 89 (By Gattis), Proposing a constitutional amendment relating to requiring board certification for appellate judges and justices and to increasing the age and experience requirements and requiring board certification for district judges.

To Judiciary.

List No. 2

HB 12 (By Hilderbran), Relating to the funding, powers, and duties of the Parks and Wildlife Department and the Texas Historical Commission related to parks and historic sites.

To Culture, Recreation, and Tourism.

HB 2419 (By Crownover), Relating to the licensing and regulation of the practice of dietetics and nutrition care services.

To Government Reform.

HB 2605 (By Hochberg), Relating to licensing or permitting of an alcoholic beverage business or establishment.

To Licensing and Administrative Procedures.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 867


HB 2606 (By Hughes), Relating to the waiting period for a divorce on the grounds of insupportability.

To Juvenile Justice and Family Issues.

HB 2607 (By Hughes), Relating to the Wood County Juvenile Board.

To Juvenile Justice and Family Issues.

HB 2608 (By Hughes), Relating to funding for applied research for a clean coal project in this state.

To Environmental Regulation.

HB 2609 (By Hughes), Relating to vaccination against human papillomavirus.

To Public Health.

HB 2610 (By Delisi), Relating to electronic communications with respect to the medical assistance program.

To Public Health.

HB 2612 (By Veasey), Relating to a study regarding the effectiveness of the James Byrd Jr. Hate Crimes Act.

To Criminal Jurisprudence.

HB 2613 (By Veasey), Relating to tuition and fees charged to employees of public institutions of higher education and a spouse, child, or dependent of those employees.

To Higher Education.

HB 2614 (By Veasey), Relating to an adult diabetes education program in certain county hospital systems and hospital districts.

To Public Health.

HB 2615 (By Veasey), Relating to a study on an adult diabetes education program in certain county hospital systems and hospital districts.

To Public Health.

HB 2616 (By Veasey), Relating to utility bill payment protection for elderly or disabled persons.

To Regulated Industries.

HB 2617 (By Guillen), Relating to the creation of municipal courts of record in the city of Laredo.

To Judiciary.

HB 2618 (By Guillen), Relating to authorizing political subdivisions to lease property owned by the political subdivision to other governmental entities without following competitive purchasing procedures.

To County Affairs.

HB 2619 (By Guillen), Relating to the powers and duties of the Starr County Hospital District.

To County Affairs.

868 80th LEGISLATURE — REGULAR SESSION


HB 2620 (By Isett), Relating to state facility management and maintenance practices.

To Government Reform.

HB 2621 (By Isett), Relating to the preservation, maintenance, and restoration of certain state buildings by the State Preservation Board.

To State Affairs.

HB 2622 (By Ortiz), Relating to eligibility of board members of certain rapid transit authorities to receive insurance benefits.

To Transportation.

HB 2623 (By Kuempel), Relating to the cancellation of a dating service contract within a certain period after execution of the contract.

To Business and Industry.

HB 2624 (By P. King), Relating to the authority to charge reasonable fees for emergency services performed by volunteer fire departments.

To County Affairs.

HB 2625 (By Murphy), Relating to the determination of prevailing wage rates in Texas counties.

To Economic Development.

HB 2626 (By Murphy), Relating to purchases made at the campus level in certain school districts.

To Public Education.

HB 2627 (By Murphy), Relating to the requirements for the issuance of certain specialty license plates.

To Transportation.

HB 2628 (By Goolsby), Relating to education and examination requirements for the issuance of a driver's license.

To Transportation.

HB 2629 (By Rodriguez), Relating to a competitive grant pilot program for certain small retailers of fresh produce.

To Agriculture and Livestock.

HB 2630 (By Goolsby), Relating to the marketing of alcoholic beverages.

To Licensing and Administrative Procedures.

HB 2631 (By Bolton), Relating to the conversion of a nontolled state highway or segment of the state highway system to a toll project.

To Transportation.

HB 2632 (By Bolton), Relating to the use of county and municipality bond proceeds for toll projects.

To Transportation.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 869


HB 2633 (By Bolton), Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, amendments to bills and proposed constitutional amendments, and certain other actions and to public notice of the record vote.

To State Affairs.

HB 2634 (By Bolton), Relating to lobbying by former members of the legislature; creating an offense.

To Elections.

HB 2635 (By Chisum), Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.

To Appropriations.

HB 2636 (By Smithee), Relating to the nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, to nonsubstantive additions to and corrections in the codified Insurance Code, and to conforming the provisions of that code that were codified by the 79th Legislature to other Acts of that legislature, including conforming amendments, repeals, and penalties.

To Insurance.

HB 2637 (By Aycock), Relating to the expunction of certain complaint information by the State Board of Veterinary Medical Examiners.

To Agriculture and Livestock.

HB 2638 (By Smithee), Relating to the exclusion from total revenue in computing the franchise tax of certain funds, reimbursements, and expenses related to certain legal services.

To Ways and Means.

HB 2639 (By Smithee), Relating to risk management programs for members of fraternities and other student organizations at public and private postsecondary educational institutions and to certain insurance requirements for fraternities.

To Higher Education.

HB 2640 (By Smithee), Relating to the collection and use of certain information by insurers and related entities.

To Insurance.

HB 2641 (By Solomons), Relating to the selection of depositories for certain county funds, including funds held by a county or district clerk.

To County Affairs.

HB 2642 (By Noriega), Relating to fence-line monitoring programs for the emissions of air contaminants under the Texas Clean Air Act.

To Environmental Regulation.

HB 2643 (By Rose), Relating to exempting certain military personnel from the hunter education program.

To Culture, Recreation, and Tourism.

870 80th LEGISLATURE — REGULAR SESSION


HB 2644 (By Rose), Relating to the requirements for a massage therapist license.

To Public Health.

HB 2645 (By Rose), Relating to erecting off-premise signs adjacent to and visible from certain roads.

To Transportation.

HB 2646 (By Rose), Relating to the award of stipends to nationally certified classroom teachers under the educator excellence awards program.

To Public Education.

HB 2647 (By Rose), Relating to authorizing certain brewers and manufacturers to sell beer and ale to ultimate consumers.

To Licensing and Administrative Procedures.

HB 2648 (By Rose), Relating to the authority of counties to regulate the use of outdoor lighting; providing a penalty.

To County Affairs.

HB 2649 (By Rose), Relating to a study of instruction in public schools regarding the Holocaust and identification of best practices regarding that instruction.

To Public Education.

HB 2650 (By Rose), Relating to the creation and administration of the teacher, engineer, or professional nurse undergraduate education scholarship program.

To Higher Education.

HB 2651 (By Harless), Relating to the terms of certain motor vehicle dealer licenses, motor vehicle license plates, and general distinguishing numbers.

To Transportation.

HB 2652 (By Harless), Relating to the resolution of complaints and claims concerning the conformance of certain motor vehicles with applicable warranties.

To Transportation.

HB 2653 (By Harless), Relating to the election and disqualification of emergency services commissioners in certain populous counties.

To County Affairs.

HB 2654 (By Puente), Relating to the regulation of the use of an injection well to inject nonhazardous brine from a desalination operation or to inject nonhazardous drinking water treatment residuals.

To Environmental Regulation.

HB 2655 (By Puente), Relating to certificates of public convenience and necessity for water service and sewer service.

To Natural Resources.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 871


HB 2656 (By Parker), Relating to requiring that a driver's license, personal identification certificate, commercial driver's license, and commercial driver learner's permit issued by the Department of Public Safety state that the holder is a registered sex offender.

To State Affairs.

HB 2657 (By Giddings), Relating to a pilot project to lower teacher turnover rates in high-need public school districts.

To Public Education.

HB 2658 (By Giddings), Relating to the development of college preparatory mathematics and science courses for use in public high schools.

To Public Education.

HB 2659 (By Goolsby), Relating to a court order for a land surveyor to cross land.

To Licensing and Administrative Procedures.

HB 2660 (By T. King), Relating to the use of money from the Texas economic development bank fund for rural rail development.

To Economic Development.

HB 2661 (By T. King), Relating to the inclusion of certain expenditures for purposes of the rule that a specified percentage of school district revenue be spent for instructional activities.

To Public Education.

HB 2662 (By T. King), Relating to a review by the commissioner of education of the accountability ratings of certain school districts and open-enrollment charter schools under certain circumstances.

To Border and International Affairs.

HB 2663 (By T. King), Relating to the regulation of signs along interstate and primary highways.

To Transportation.

HB 2664 (By Truitt), Relating to audits of public retirement system actuarial valuations, studies, and reports.

To Pensions and Investments.

HB 2665 (By Truitt), Relating to mediation of certain disputes arising in connection with a personal automobile insurance policy.

To Insurance.

HB 2666 (By Latham), Relating to excepting from required disclosure under the public information law certain personal information maintained by a municipality that pertains to a minor.

To State Affairs.

HB 2667 (By Latham), Relating to insurance coverage for volunteer firefighters and volunteer police force members.

To Urban Affairs.

872 80th LEGISLATURE — REGULAR SESSION


HB 2668 (By Zerwas), Relating to coverage for bariatric surgical procedures under the Texas Employees Group Benefits Act.

To Insurance.

HB 2669 (By Truitt), Relating to the regulation of certain chiropractic clinics; creating an offense and providing civil and criminal penalties.

To Public Health.

HB 2670 (By Giddings), Relating to the regulation of foster care providers.

To Human Services.

HB 2671 (By Swinford), Relating to limited agricultural cooperatives; providing penalties.

To Agriculture and Livestock.

HB 2672 (By Laubenberg), Relating to activities of a winery located in a dry county.

To Agriculture and Livestock.

HB 2673 (By Alonzo), Relating to certain personnel policies of the Texas Department of Criminal Justice and to certain related duties of the Texas Board of Criminal Justice.

To Corrections.

HB 2674 (By Alonzo), Relating to the applicability of hearsay rules in proceedings regarding bail.

To Criminal Jurisprudence.

HB 2675 (By Alonzo), Relating to pretrial hearings in criminal cases.

To Criminal Jurisprudence.

HB 2676 (By Alonzo), Relating to regulation of residential tenancies by local governments.

To State Affairs.

HB 2677 (By Alonzo), Relating to financial advisors retained by political subdivisions for the issuance of bonds.

To County Affairs.

HB 2678 (By Callegari), Relating to certain rate changes by a water and sewer utility.

To Natural Resources.

HB 2679 (By Solomons), Relating to certain requirements regarding loan and sales finance transactions.

To Financial Institutions.

HB 2680 (By Chisum), Relating to the administration of the low income housing tax credit program.

To Urban Affairs.

HB 2681 (By Chisum), Relating to the appraisal for ad valorem tax purposes of certain property used to provide low-income or moderate-income housing.

To Ways and Means.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 873


HB 2682 (By Solomons), Relating to the administration and powers of a coordinated county transportation authority.

To Transportation.

HB 2683 (By Chisum), Relating to funding for programs that support the development of healthy marriages or the strengthening of families.

To State Affairs.

HB 2684 (By Chisum), Relating to marriage education courses for couples considering divorce and the waiting period for a divorce on the grounds of insupportability.

To State Affairs.

HB 2685 (By Chisum), Relating to certain requirements for issuance of a marriage license, including an optional premarital education course.

To State Affairs.

HB 2686 (By Haggerty), Relating to conservatorship of the Texas Youth Commission.

To Corrections.

HB 2687 (By Haggerty), Relating to a protest to an appraisal review board for a failure of a chief appraiser or appraisal review board to give required notice.

To Local Government Ways and Means.

HB 2688 (By Haggerty), Relating to the requirement to be licensed as a sex offender treatment provider.

To Corrections.

HB 2689 (By Haggerty), Relating to the imposition of taxes on the sales of certain alcoholic beverages and taxable items related to mixed beverages and to the repeal of the mixed beverage gross receipts tax.

To Ways and Means.

HB 2690 (By Haggerty), Relating to false claims against the state and actions by private persons to prosecute those claims; providing a civil penalty.

To Civil Practices.

HB 2691 (By Truitt), Relating to grants provided to local guardianship programs.

To Human Services.

HB 2692 (By Harper-Brown), Relating to the creation of the Motor Vehicle Board and its powers and duties.

To Transportation.

HB 2693 (By Vo), Relating to economic impact studies conducted by the Texas Transportation Commission.

To Transportation.

HB 2694 (By Hamilton), Relating to the disaster contingency fund.

To Defense Affairs and State-Federal Relations.

874 80th LEGISLATURE — REGULAR SESSION


HB 2695 (By Deshotel), Relating to prohibiting tenant lockouts for failure to pay rent.

To Business and Industry.

HB 2696 (By Deshotel), Relating to the use of title insurance to insure certain interests in personal property.

To Insurance.

HB 2697 (By Hancock), Relating to the authority of public schools to operate distance learning schools.

To Public Education.

HB 2698 (By Puente), Relating to the authority of certain municipalities to delegate the approval of change orders.

To Urban Affairs.

HB 2699 (By Turner), Relating to the creation of special monitors for the Commission on Jail Standards.

To Corrections.

HB 2700 (By Flores), Relating to judges and stewards employed by the Texas Racing Commission.

To Licensing and Administrative Procedures.

HB 2701 (By Flores), Relating to the regulation of horse and dog racing.

To Licensing and Administrative Procedures.

HB 2702 (By Truitt), Relating to the exemption from tuition and fees at a public institution of higher education for adopted students.

To Higher Education.

HB 2703 (By Woolley), Relating to interference with the duties of a public health professional; providing a criminal penalty.

To Criminal Jurisprudence.

HB 2704 (By Woolley), Relating to the regulation of the use of human cells and tissue, including a ban on human cloning; providing penalties.

To State Affairs.

HB 2705 (By Oliveira), Relating to the appointment of bailiffs for certain courts in Cameron County.

To Judiciary.

HB 2706 (By Smithee), Relating to participation of hospitals in certain health care delivery networks.

To Insurance.

HB 2707 (By Martinez), Relating to the development and implementation of a plan to increase Medicaid reimbursement rates for dental services.

To Appropriations.

HB 2708 (By Hancock), Relating to what constitutes the business of insurance.

To Insurance.

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 875


HB 2807 (By Madden), Relating to the operations and functions of the Texas Youth Commission.

To Corrections.

HB 3034 (By Turner), Relating to merit pay for certain qualified professionals employed by the Texas Department of Criminal Justice or the Texas Youth Commission.

To Appropriations.

HB 3206 (By Turner), Relating to a study by the Sunset Advisory Commission to be used in its sunset review of the Texas Youth Commission.

To Corrections.

HB 3309 (By Bolton), Relating to the ability of advocacy and support groups for victims of sexual assault to provide services for children confined in Texas Youth Commission facilities.

To Corrections.

HB 3330 (By Haggerty), Relating to eligibility for custodial officer service in the Employees Retirement System of Texas by certain juvenile correctional officers employed by the Texas Youth Commission.

To Pensions and Investments.

HB 3521 (By Bolton), Relating to measures to increase the safety of children committed to the Texas Youth Commission.

To Corrections.

HB 3639 (By Turner), Relating to an independent office of Inspector General to investigate abuse in facilities operated by the Texas Department of Criminal Justice or the Texas Youth Commission.

To Corrections.

HB 3701 (By Miles), Relating to the office of independent ombudsman of the Texas Youth Commission.

To Corrections.

HB 3952 (By Van Arsdale), Relating to the powers, duties, and composition of the governing board of the Texas Youth Commission.

To Corrections.

HCR 142 (By Noriega), Honoring members of the National Guard for their participation in Operation Jump Start.

To Defense Affairs and State-Federal Relations.

HJR 107 (By Herrero), Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation a portion of the assessed value of the residence homesteads of military servicemembers who are serving on active duty.

To Ways and Means.

876 80th LEGISLATURE — REGULAR SESSION


Pursuant to Rule 1, Section 4 of the House Rules, the chair corrects the referral of the following bills and resolutions:

HB 2239 (By Deshotel), Relating to the adoption of a state scenic byways program.

To Transportation.

HB 2435 (By Zedler), Relating to the regulation and oversight of public and occupational health risks related to the operation of sexually oriented businesses; providing penalties.

To State Affairs.

SIGNED BY THE SPEAKER

The following bills and resolutions were today signed in the presence of the house by the speaker:

Senate List No. 12

SCRi32, SCRi34

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, March 13, 2007

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 39 Taylor SPONSOR: Jackson,iMike

Honoring the winners of the Faithful Fathering Initiative in Texas' 2006 Chick-Fil-A Dads Becoming Heroes Essay Contest.

HCR 73 Truitt SPONSOR: Nelson

Designating April 2007 as Child Safety Month in Texas.

SB 90 Van de Putte

Relating to the establishment of a pilot program to provide a ballot by electronic mail to military personnel serving overseas.

SB 331 Carona

Relating to the maximum length for certain vehicles.

SCR 35 Whitmire

Tuesday, March 13, 2007 HOUSE JOURNAL — 36th Day 877


Honoring the Chicano/Hispanic Law Students' Association for enhancing the educational experience of its membership.

SCR 36 Nelson

Recognizing United Parcel Service of America, Incorporated, on the occasion of its 100th anniversary.

SCR 41 Whitmire

Providing for the operation and funding of the Joint Select Committee on the Operation and Management of the Texas Youth Commission.

Respectfully,

Patsy Spaw

Secretary of the Senate


AAAAAAPPENDIXAAAAA


STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

March 12

Corrections - HBi427

Criminal Jurisprudence - HBi587, HBi1042

Culture, Recreation, and Tourism - HBi450, HCRi15

Land and Resource Management - HBi1556

Public Education - HBi314, HBi362, HBi396, HBi566, HBi1045

Public Health - HBi889, HBi1064

Ways and Means - HBi356, HBi621, HJRi35

ENGROSSED

March 12 - HCRi67

ENROLLED

March 12 - HCRi54, HCRi56, HCRi63, HCRi75, HCRi79, HCRi100, HCRi135

SIGNED BY THE GOVERNOR

March 12 - HCRi18, HCRi20, HCRi31, HCRi32, HCRi34, HCRi40, HCRi41, HCRi44, HCRi47, HCRi50, HCRi53, HCRi65, HCRi66, HCRi77, HCRi78, HCRi80, HCRi85, HCRi99, HCRi105, HCRi113, HCRi115, HCRi116, HCRi119, HCRi120, HCRi124, HCRi128

878 80th LEGISLATURE — REGULAR SESSION