EIGHTY-FIRST LEGISLATURE, REGULAR SESSION
PROCEEDINGS
EIGHTY-SIXTH DAY — MONDAY, JUNE 1, 2009
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 (Recordi1728).
Present — Mr. Speaker; Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Absent — Edwards.
The invocation was offered by Reverend L. A. Crenshaw, pastor, Palestine Baptist Church, San Antonio, as follows:
O Lord our God, how excellent is thy name in all the earth. From everlasting to everlasting thy art God. You inhabit time and eternity, thou in whom every good gift and every perfect gift comes from above.
We thank you for life and the blessings of life; we are thankful for life and for life's opportunities. We thank you for life and the challenges of life; we thank you for physical and spiritual life. We are thankful it is in you we live and move and have our being. We are thankful for this day and the blessings of this day.
We pray thy blessing on the Texas House of Representatives and upon the decisions that they will make. Guide their thinking for the betterment of humanity and for the State of Texas. These blessings we ask in thy son's name. Amen.
The speaker recognized Representative Martinez Fischer who led the house in the pledges of allegiance to the United States and Texas flags.
CAPITOL PHYSICIAN
The speaker recognized Representative Menendez who presented Dr. John Green III of San Anotonio as the "Doctor for the Day."
The house welcomed Dr. Green and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
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. 49 and Senate List No. 47).
(McClendon in the chair)
CONGRATULATORY AND MEMORIAL CALENDAR
The following congratulatory resolutions were laid before the house:
HCR 279 (by W. Smith), Honoring Gary K. Trietsch of Houston for his more than 40 years of exemplary service with the Texas Department of Transportation.
HR 2257 (by Olivo), Recognizing September 2009 as Texas CSTEM Awareness Month.
HR 2534 (by Craddick), Congratulating Joe and Ora Williams of Midland on their 56th wedding anniversary.
HR 2782 (by Edwards), Honoring the Houston chapter of Hadassah for its contributions to the community.
HR 2783 (by Edwards), Honoring Reverend Keefe Cropper of Westbury United Methodist Church in Houston for his contributions to the community.
HR 2784 (by Edwards), Recognizing the Jewish Herald-Voice for its contributions to the Houston community.
HR 2785 (by Edwards), Honoring Jewish Family Service for its contributions to the Houston community.
HR 2786 (by Castro), Honoring Cine Las Americas in Austin.
HR 2787 (by Peña), Honoring the Texas Association of Addiction Professionals for its advocacy efforts regarding the prevention and treatment of addiction.
HR 2788 (by Peña), Honoring Dr. Ernie Joe Chaney of Rancho Viejo on his outstanding achievements.
HR 2789 (by Peña), Commending James Stuart Chaney of Brownsville for his service as a legislative assistant in the office of State Representative Aaron Peña.
6906 81st LEGISLATURE — REGULAR SESSION
HR 2790 (by Gallego), Honoring Dr. Avinash K. Rangra for his service as a member of the Alpine City Council.
HR 2791 (by Gallego), Honoring Vanessa Cardwell for her service as a member of the Fort Stockton City Council.
HR 2792 (by Gallego), Honoring Evaristo R. Rendon, Jr., for his service to the Rocksprings City Council.
HR 2793 (by Menendez), Congratulating Dr. Kaparaboyna Ashok Kumar on his induction as president of the Texas Academy of Family Physicians.
HR 2794 (by Craddick), Commemorating the inaugural Midland Habitat for Humanity Women's Build event.
HR 2795 (by Craddick), Congratulating Midland County justice of the peace David Cobos on being named the 2009 Judge of the Year by the West Texas Justices of the Peace and Constables Association.
HR 2796 (by Craddick), Congratulating Charles "Choc" Harris of Midland County on being named the 2009 Constable of the Year by the West Texas Justices of the Peace and Constables Association.
HR 2797 (by Edwards), Honoring Marsha Lister for her service as the recreation and facility manager of Sunnyside Park in Houston.
HR 2798 (by Gallego), Congratulating Clay and Jody Miller of Valentine on their 60th wedding anniversary.
HR 2800 (by Veasey), Congratulating the Reverend James C. Brown on his 14th anniversary as pastor of Sweet Home Baptist Church in Fort Worth.
HR 2801 (by Veasey), Honoring Tom Plumlee on his retirement as director of the Community Supervision and Corrections Department in Tarrant County.
HR 2802 (by Edwards), Honoring Rabbi Gidon Moskovitz and his wife, Rebbitzen Malka Moskovitz, of Meyerland Minyan in Houston for their service to the community.
HR 2803 (by Edwards), Honoring Dr. Edith Clark for her many years of service to the Sunnyside community in Houston.
HR 2804 (by Edwards), Honoring KCOH general manager Mike Petrizzo of Houston for his contributions to the community.
HR 2807 (by Kolkhorst), Congratulating Joe Clements of Huntsville on receiving the Mance Park Lifetime Achievement Award from the Huntsville-Walker County Chamber of Commerce.
HR 2808 (by Kolkhorst), Congratulating Johnnie and Joyce Shupak of Frelsburg on being named the 2008 Citizens of the Year by the New Ulm Chamber of Commerce.
HR 2809 (by Frost), Honoring Becky Watson on her reelection as president of the Tax Assessor-Collectors Association of Texas.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6907
HR 2811 (by Flynn), Commemorating the 75th anniversary of the Texas Credit Union League.
HR 2812 (by Flynn), Congratulating Doyle and Verda Arnold of Quinlan on their 50th wedding anniversary.
HR 2813 (by Flynn), Congratulating Mark and Rita Greer of Greenville on their 25th anniversary.
HR 2814 (by Flynn), Congratulating Wayne and Wanda McWilliams on their 50th wedding anniversary.
HR 2815 (by Flynn), Honoring Judge Ronnie L. Daniell of Van Zandt County on the occasion of his 62nd birthday.
HR 2816 (by Paxton), Honoring Dario Jackson of McKinney High School for his achievements as a track athlete.
HR 2817 (by Paxton), Commemorating the first annual Frisco Arts Festival.
HR 2819 (by Gattis), Honoring Patrick Steck for his work as a legislative aide during the 81st Legislative Session.
HR 2821 (by P. King), Congratulating Judy A. Hill of Aledo High School on her receipt of the 2009 Marva Collins Teaching Excellence Award.
HR 2822 (by Christian), Commending Tyler Norris for his service as a legislative intern in the office of State Representative Wayne Christian.
HR 2823 (by Legler), Honoring Juanita Newman Williams of Houston on the occasion of her 101st birthday.
HR 2825 (by Peña), Congratulating Sarah Viranda, Erika Reyna, and Rosario Adriana Wilson for earning their Master of Public Administration degrees from The University of Texas–Pan American.
HR 2826 (by Peña), Congratulating Robert Schmalzried on his election as mayor of Edcouch.
HR 2827 (by Peña), Commending Maricela De León on her five years of service as a legislative assistant in the office of State Representative Aaron Peña.
HR 2828 (by Peña), Honoring Lionel Aron Peña of Edinburg on his achievements and community service.
HR 2829 (by Dutton), Commemorating the 50th reunion of the Class of 1959 of Phillis Wheatley High School in Houston.
HR 2831 (by Anderson), Congratulating Erbie and Shirley Lewis of Woodway on their 50th wedding anniversary.
HR 2832 (by D. Howard), Congratulating the Red Dragon Players of Stephen F. Austin High School on winning the 2009 UIL Conference 5A State One-Act Play Competition.
HR 2833 (by D. Howard), Honoring the participants in the Speak Up! Speak Out! program at Akins High School, Garza High School, and LBJ High School in Austin.
6908 81st LEGISLATURE — REGULAR SESSION
HR 2834 (by Merritt), Congratulating Bette and Jerrell Huffman of Longview on their 60th wedding anniversary.
HR 2835 (by Merritt), Congratulating Tony and Peggy DuVall of Longview on their 50th wedding anniversary.
HR 2836 (by Merritt), Congratulating Jerry and Janice Howell on their 50th wedding anniversary.
HR 2837 (by Merritt), Congratulating Marion and Sidney Boyce on their 50th wedding anniversary.
HR 2838 (by Merritt), Congratulating Roy and Charlene Harris on their 60th wedding anniversary.
HR 2839 (by Merritt), Congratulating Mary Helen Bair on her receipt of the Longview Rotary Club 2009 Citizen of the Year award.
HR 2840 (by Merritt), Honoring Mary Catherine Love for her service as an intern in the office of State Representative Tommy Merritt.
HR 2841 (by Merritt), Congratulating John and Joann Harrod of Longview on their 50th wedding anniversary.
HR 2842 (by Merritt), Congratulating Roger and Mary Ruth Walters on their 50th wedding anniversary.
HR 2844 (by Merritt), Honoring the Northeast Texas Consortium of Colleges and Universities on its selection as the 2009 Outstanding Institution for Commitment to Excellence and Innovation in Distance Education.
HR 2845 (by Merritt), Congratulating Bill and Judy Stauts of Longview on their 50th wedding anniversary.
HR 2846 (by Merritt), Commemorating the 75th anniversary of Kilgore College.
HR 2847 (by Merritt), Commemorating the 2009 Great Texas Balloon Race in Longview.
HR 2848 (by Merritt), Congratulating Chris Sims on being named the 2009 Firefighter of the Year by the Longview Fire Department.
HR 2849 (by Moody), Congratulating Edward Joseph Casanova of El Paso on his 100th birthday.
HR 2851 (by Anderson), Honoring Austin Epps and Hannah Hammack for their service as legislative interns in the office of State Representative Charles Anderson.
HR 2853 (by Branch), Commending the Real Estate Councils of Texas for its service to the real estate industry and its contributions to the state's economy.
HR 2854 (by Branch), Recognizing June 2009 as Scottish Heritage Month and commemorating the 23rd annual Texas Scottish Festival & Highland Games in Arlington.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6909
HR 2855 (by Martinez), Honoring the Valley Building Officials Association on the 50th anniversary of its founding.
HR 2859 (by W. Smith), Congratulating Department of Public Safety Trooper Cody L. Mitchell on his receipt of the 2008 Law Enforcement Achievement Award for Valor.
HR 2860 (by Hunter), Honoring Judge Michael J. Pfeifer for his service to Calhoun County.
HR 2861 (by Guillen), Honoring Victor M. Ramirez for his service with the Roma Independent School District.
HR 2862 (by Guillen), Honoring Minerva Rodriguez for her service to the Roma Independent School District.
HR 2863 (by Guillen), Honoring Virginia Mayers on her retirement from the South Texas Workforce Development Board in 2007.
HR 2864 (by Guillen), Congratulating Maria del Carmen S. Sandoval on her retirement from the Laredo Independent School District in 2008.
HR 2865 (by Guillen), Congratulating the Honorable Aaron Peña, Jr., on his 50th birthday.
HR 2866 (by Guillen), Honoring Maria Eva H. Riojas for her contributions to the students of the Roma Independent School District.
HR 2867 (by Edwards), Honoring Rabbi Shimon Lazaroff of Houston for his contributions through Chabad Lubavitch of Texas.
HR 2868 was withdrawn.
HR 2877 (by McCall and Kleinschmidt), Honoring Texas Army National Guard Specialist Roy D. Donaldson, Jr., for his service in Iraq.
HR 2881 (by Gonzalez Toureilles), Congratulating Officer Daniel X.iElizondo of the Alice Police Department on his receipt of the 2008 State of Texas Law Enforcement Achievement Award for Valor.
HR 2882 (by Gonzalez Toureilles), Recognizing the Reverend Eric Rendell Tarver of Beeville as Pastor of the Day for May 30, 2009.
HR 2883 (by Mallory Caraway), Congratulating Jeb Noel Bates on his graduation from Chaparral High School in Parker, Colorado, in May 2009.
HR 2886 (by Maldonado, Geren, McClendon, Dunnam, and Taylor), Honoring the staff of the housekeeping/grounds and maintenance divisions of the State Preservation Board for their role in preserving the Texas State Capitol.
HR 2887 (by Rios Ybarra), Honoring Jo Ann Evans for her service to the South Padre Island Board of Aldermen.
HR 2890 (by Peña), Honoring Valley EMS, Inc., of Edinburg in conjunction with Texas First Responders Day on September 11, 2009.
6910 81st LEGISLATURE — REGULAR SESSION
HR 2892 (by Marquez), Commending Ben Kruger-Robbins of Austin for his service as a legislative assistant in the office of State Representative Marisa Marquez.
HR 2893 (by Veasey), Honoring Franchesca Cain of Meadowbrook Elementary School in Fort Worth on being chosen to participate in the 2009 Raise Your Hand Texas Leadership Program.
HR 2895 (by Alonzo), Commending Clarissa Ramon for her service as an intern in the office of Representative Roberto Alonzo.
HR 2896 (by Alonzo), Honoring Madeline Dunn for her service as an intern in the office of Representative Roberto Alonzo.
HR 2897 (by Alonzo), Commending Daniela Santoni for her service as an intern in the office of State Representative Roberto Alonzo.
HR 2899 (by Quintanilla), Honoring the participants in the Speak Up! Speak Out! program at Horizon High School in El Paso.
HR 2901 (by Riddle), Congratulating Lance Edison Lee of Houston on becoming an Eagle Scout.
HR 2902 (by Kent, Vaught, Miklos, Driver, and Button), Honoring Stephen and Asher Yearout of Garland for saving the life of Aden Yearout.
HR 2903 (by Kent), Congratulating Catherine Huff on her graduation from Boerne–Samuel V. Champion High School.
HR 2904 (by Fletcher), Honoring Justin Silver on his service as an intern in the office of State Representative Allen Fletcher.
HR 2905 (by Fletcher), Honoring Cassie Suttle on her service as an intern in the office of State Representative Allen Fletcher during the 81st Texas Legislature.
HR 2906 (by Fletcher), Honoring Diane Paralapiano for her service as an intern in the office of State Representative Allen Fletcher during the 81st Texas Legislature.
HR 2907 (by Fletcher), Honoring Claire McLaughlin on her service as an intern in the office of State Representative Allen Fletcher during the 81st Texas Legislature.
HR 2908 (by Fletcher), Honoring Robin Rosenthal on her service as an intern in the office of State Representative Allen Fletcher during the 81st Texas Legislature.
HR 2909 (by Hughes), Congratulating Dr. Bob E. Riley on his retirement as president of East Texas Baptist University.
HR 2910 (by Gallego), Honoring Diane Lacy for her service as a Jeff Davis County commissioner.
HR 2912 (by Alonzo), Commending Brad Isbon for his service as an intern in the office of Representative Roberto Alonzo.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6911
HR 2913 (by Dunnam), Commemorating the 2009 Davis Family Reunion.
HR 2914 (by Dunnam), Congratulating Miguel "Mike" Wise, Jr., on his graduation from The University of Texas at Austin.
HR 2917 (by W. Smith), Honoring Gerhardt Schulle, Jr., on his legislative and business achievements.
HR 2918 (by Kent, Anderson, McCall, and Dunnam), Congratulating Dr.iMichael W.iMansfield on his retirement from Baylor University.
HR 2919 (by Chavez and Moody), Congratulating John C. Padalino of El Paso on his appointment as a special assistant in the Rural Utilities Service of the United States Department of Agriculture.
HR 2920 (by Sheffield and Gattis), Honoring Dr. J. James Rohack on his installation as president of the American Medical Association.
HR 2921 (by Hunter), Honoring County Judge C. H. "Burt" Mills, Jr., for his service to Aransas County.
HR 2923 (by Dutton), Commemorating the second annual Health Summit and Business Expo of the Houston Hispanic Chamber of Commerce.
The resolutions were adopted.
The following memorial resolutions were laid before the house:
HCR 272 (by Homer), In memory of Charlene Champion of Paris, Texas.
HCR 273 (by Homer), In memory of David Charles Buster of Caviness.
HCR 275 (by Homer), In memory of Albert A. "Tootie" Anderson of Roxton.
HCR 276 (by Homer), In memory of LuLane Caraway of Paris, Texas.
HCR 277 (by Homer), In memory of Helen Louise Whitney of Paris, Texas.
HCR 278 (by Homer), In memory of Mary Ellen Border Tubbs McDowell.
HR 2799 (by Veasey), In memory of Fort Worth firefighter Gregory L.iCocke.
HR 2806 (by Kuempel), In memory of the Honorable Richard F. "Ric" Williamson.
HR 2810 (by Eissler), In memory of Maura de Souza of Spring.
HR 2820 (by Gattis), Paying tribute to the life of the Honorable Jack Kemp and his service to this nation.
HR 2830 (by Anderson), In memory of Jack Thomas Garrison of Elm Mott.
HR 2843 (by Hughes), In memory of William Richard Hirt of Yantis.
HR 2856 was withdrawn.
HR 2857 (by W. Smith), In memory of Robert L. Gillette of Baytown.
HR 2858 (by W. Smith), In memory of Thomas Oliver of Baytown.
6912 81st LEGISLATURE — REGULAR SESSION
HR 2871 (by Phillips and Flynn), In memory of Richard Earle Deweese of Bonham.
HR 2872 (by Dunnam), In memory of Alexander Christian Reed of China Spring.
HR 2874 (by B. Brown), In memory of William C. "Dub" McCarty of Athens.
HR 2885 (by S. King), In memory of Nancy Jane Still of Abilene.
HR 2889 (by Farabee), In memory of philanthropist Elizabeth Perkins Prothro of Wichita Falls.
HR 2915 (by W. Smith), In memory of Becky Adams Urban of Baytown.
HR 2916 (by W. Smith), In memory of Lisa Hood Urban of Baytown.
The resolutions were unanimously adopted by a rising vote.
HR 2856 - ADOPTED
(by S. King)
Representative S. King moved to suspend all necessary rules to take up and consider at this time HRi2856.
The motion prevailed.
The following resolution was laid before the house:
HR 2856, In memory of Judge Raleigh Holden Brown, former Justice of the 11th Court of Appeals and state representative from Abilene.
HR 2856 was unanimously adopted by a rising vote.
HR 2458 - PREVIOUSLY ADOPTED
(by Gallego)
The chair laid out the following previously adopted resolution:
HR 2458,iHonoring the life of Louy Elworth Younts, Jr., of Del Rio.
HR 2868 - ADOPTED
(by Gattis)
Representative Gattis moved to suspend all necessary rules to take up and consider at this time HRi2868.
The motion prevailed.
The following resolution was laid before the house:
HR 2868, Congratulating Dr. William Farney on his retirement as executive director of the University Interscholastic League.
HR 2868 was adopted.
On motion of Representative Quintanilla, the names of all the members of the house were added to HRi2868 as signers thereof.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6913
INTRODUCTION OF GUEST
The chair recognized Representative Gattis who introduced Dr. William Farney.
(Edwards now present)
HCR 280 - ADOPTED
(by Otto)
The following privileged resolution was laid before the house:
HCR 280, Instructing the enrolling clerk of the house to make corrections in HBi3613.
HCR 280 was adopted. (The vote was reconsidered later today, and HCRi280 was adopted by Record No. 1729.)
SB 1824 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE LUCIO: Mr. Speaker, members, SB 1824 was a local bill which we passed out relating to the Interagency Task Force for Children with Special Needs. For legislative intent, I'd like to read the following:
SB 1824 will unite agency leaders to develop a coordinated strategic plan addressing the needs of children with disabilities. It is the intent of the legislature that the taskforce not replace the Children's Policy Council, but use the council as a resource for information and recommendations regarding the needs of children with disabilities and their families. The Children's Policy Council is mandated by statute to have a majority of its members be parents or family members caring for children with disabilities. The knowledge and personal experience that these members hold should be used to help shape the direction of the taskforce and the development of the strategic plan.
Is it also the intent of the legislature that the Children's Policy Council play an integral role in identifying the needs of children and families, the barriers that prevent timely access to quality services, and the solutions that will reduce fragmentation, streamline administrative functions, promote more efficiency, and improve the ability of children with disabilities to maximize their potential through timely and effective services.
REMARKS ORDERED PRINTED
Representative Lucio moved to print his remarks.
The motion prevailed.
SB 771 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE ORR: Representative Otto, what is the legislative intent on the amendment you offered to SB 771, which was subsequently adopted by the house and concurred with by the senate?
REPRESENTATIVE OTTO: The amendment to SB 771 affects Section 6.411, Tax Code, which addresses ex parte communication. Current law allows for ex parte communication to not apply to communications that do not discuss the specific evidence, argument, facts, merits, or property involved in a hearing
6914 81st LEGISLATURE — REGULAR SESSION
REMARKS ORDERED PRINTED
Representative Orr moved to print remarks between Representative Otto and Representative Orr.
The motion prevailed.
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).
REMARKS ORDERED PRINTED
Representative Riddle moved to print her remarks from May 31 regarding Representative Branch.
The motion prevailed.
HCR 280 - VOTE RECONSIDERED
Representative Otto moved to reconsider the vote by which HCR 280 was adopted.
The motion to reconsider prevailed.
HCR 280 - ADOPTED
(by Otto)
The following privileged resolution was laid before the house:
HCR 280
WHEREAS, HB 3613 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct HB 3613 in Subsection (g) of the SECTION of the bill adding Section 11.131, Tax Code, by striking "(g) This section takes effect immediately" and substituting "(g) Notwithstanding any other provision of this Act, this section takes effect immediately".
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6915
HCR 280 was laid before the house earlier today and was adopted.
HCR 280 was adopted by (Record 1729): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Creighton; Crownover; Darby; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Corte; Craddick; Davis, J.; Harper-Brown; Hilderbran; Howard,iC.; King, T.
STATEMENT OF VOTE
When Record No. 1729 was taken, I was in the house but away from my desk. I would have voted yes.
Craddick
HR 2971 - ADOPTED
(by B. Brown)
Representative B. Brown moved to suspend all necessary rules to take up and consider at this time HRi2971.
The motion prevailed.
The following resolution was laid before the house:
HR 2971, Congratulating Caleb Troxclair and Ellen Gale on their wedding.
HR 2971 was read and was adopted.
INTRODUCTION OF GUESTS
The chair recognized Representative B. Brown who introduced Caleb Troxclair and Ellen Gale.
(Speaker in the chair)
6916 81st LEGISLATURE — REGULAR SESSION
REMARKS
REPRESENTATIVE RAYMOND: Members, I know you all feel the same way I do. We have so much that we do during the session, and we can't do it alone. We work with each other on this floor, but we have a lot of help in our offices in all the things we work on. I've been very, very fortunate to have a tremendous staff work for me, with me, as partners, and I just want to thank them on the mic, because I don't think I've done that before in sessions past, and I wish that I had. So I wanted to make sure, this time, I didn't let that pass.
First of all, I want to thank Jesus Gonzalez, my chief of staff, who has just done a tremendous job working with me to represent Laredo—he's from Laredo, and I just can't say enough about him and his talents, and his commitment to this state. I want to thank Fabiola Flores, who is my legislative director. We actually went to law school together, and didn't know each other well then, but she's from Laredo, and she agreed to come and serve as legislative director this session and has done a tremendous job. In fact, we passed some legislation this session, members, that was her idea. I want to thank David Leo who also, recently, came to work for me, and will continue to work with me after this session. He's got a lot of talent, a lot of abilities, and, David, I'm lucky that you're working with us. I want to thank Abigail Martinez, my district director, who's worked with me for many years, and who is a wonderful lady, and I met Jesus Gonzalez through Abby—and for that I'll always be thankful, Abby—back in Laredo. Thank you, and looking forward to your new addition in the next couple of months.
I also want to thank the interns that worked with me this session. Members, you know interns play such an important role as well during our sessions. I want to thank Carlos Galvan, who is finishing up law school, or will finish law school soon. Carlos, thank you for your input. Carlos, thank you for all your good work, and you've got a great future ahead of you. Thank you especially for your insistence that we do something about seat belts. I think we wouldn't be doing seat belts, and funding for seat belts, if it wasn't for Carlos Galvan. I also want to thank Alejandra Salinas, who is a student at The University of Texas, and from Laredo, and talked to me about guns on campus the whole session. Thank you, Alejandra. Catherine Moran, who's also a law student at The University of Texas School of Law, getting ready to finish—tremendous talent, did tremendous work for us. I want to thank Ben and Jeremy Holland, not only for their good work, but for having the father that they have. Their father is one of my best friends and a great, great guy. I just call him Mr. Wolf. Then finally, Kimberly Sherfey, who is also a student at The University of Texas, who's from Laredo, and who did a great job for us this session, as well. Thank all of you. Thank you all for helping me and helping the State of Texas.
REMARKS ORDERED PRINTED
Representative Raymond moved to print his remarks.
The motion prevailed.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6917
HCR 282 - ADOPTED
(by Coleman)
The following privileged resolution was laid before the house:
HCR 282
WHEREAS, HB 3485 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct HB 3485, in the SECTION of the bill providing for the taking of effect of amended Chapters 372 and 382, Local Government Code, contingent on whether the Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes becomes law, by striking Subsection (a) of that SECTION and substituting the following:
(a)iiThe sections of this Act amending Subchapter C, Chapter 372, Local Government Code, as amended by this Act, take effect only if the Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes does not become law. If the Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes becomes law, the sections of this Act amending Subchapter C, Chapter 372, Local Government Code, as amended by this Act, have no effect.
HCR 282 was adopted by (Record 1730): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
6918 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent — Anderson; Burnam; Elkins; Thompson.
HCR 285 - ADOPTED
(by Corte)
The following privileged resolution was laid before the house:
HCR 285
WHEREAS, HJR 14 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct HJR 14 as follows:
In SECTION 1.02 of the joint resolution, in the prescribed ballot language (conference committee report page 4, line 23), between "tax revenue purposes" and the period, insert ", and to limit the legislature's authority to grant the power of eminent domain to an entity".
HCR 285 was adopted by (Record 1731): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Peña; Phillips; Pickett; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Bohac; Davis, J.; Hancock; Hughes; Paxton; Pierson.
STATEMENT OF VOTE
When Record No. 1731 was taken, I was in the house but away from my desk. I would have voted yes.
Bohac
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6919
HJR 14 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE WOOLLEY: I know that Mr. Hilderbran started this last night, and I think he had covered most of it. I just want to say thank you for your good work. While this is a step forward, and it would put in the constitution what actually we had put into statute in 2005, that they cannot condemn for economic development reasons, and this bill will also cover the blight property-by-property. So, those are good things, but would you agree with me that there are still many issues out there that Texas landowners face and are concerned about, but have not been addressed because we did not get to SB 18? Those would be just compensation, a bona fide offer being offered from the beginning, access to your property and if it's a detriment—that being considered as fact in restitution—and a clear definition of public use. So would you agree with me, there's still a lot of work left to be done as far as eminent domain is concerned?
REPRESENTATIVE CORTE: Yes, Mrs. Woolley, you're absolutely correct. In fact, what I've learned in being involved in this issue is that eminent domain is not an easy issue. It's very complicated. There's many applications. We have several—probably thousands—of governmental entities that we have granted since the legislature's been around. Eminent domain powers have been granted by in the constitution, and so there are entities that go back as far as the turn of the century—and I'm not talking about the 21st turn of the century. We need to update that, and we need to make sure that there are protections and a good, clear, concise process of what's going to happen and how people can have their property protected, but yet, there's a way to getting just compensation that you should have for your property. That's why we need to respect that, and I hope that we do that in enabling legislation next session. I know that we worked on it in '05, it's not a complete piece of work, and we weren't able to finish the work—obviously, as you know—and we hope to do that next session.
WOOLLEY: Well, I know all Texans would appreciate us taking care of the problem, because it is a concern, and I look forward to working with you in the future to make sure that we take care of our private property owners. If government can seize property and not pay a just compensation, and we go along with this, we've truly lost our way.
CORTE: I hope it's one of the legislative priorities. It has a very, very low bill number next session, Mrs. Woolley.
REMARKS ORDERED PRINTED
Representative Woolley moved to print remarks between Representative Corte and Representative Woolley.
The motion prevailed.
HCR 283 - ADOPTED
(by Eissler)
The following privileged resolution was laid before the house:
6920 81st LEGISLATURE — REGULAR SESSION
HCR 283
WHEREAS, The conference committee report for HB 3 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and
WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following corrections:
(1)iiOn page 25, line 12, strike "39.301(b)(4)" and substitute "39.301(c)(5)".
(2)iiStrike page 27, line 26, through page 28, line 3, and substitute the following:
(n)iiA student who is promoted by a grade placement committee under this section must be assigned in each subject in which the student failed to perform satisfactorily on an assessment instrument specified under Subsection (a) to a teacher who meets all state and federal qualifications to teach that subject and grade.
(3)iiOn page 28, line 6, strike "(b-3), (b-4), (b-5), (b-6), (b-7), and (b-8)" and substitute "(b-3) through (b-10)".
(4)iiOn page 30, strike lines 7-23 and substitute the following:
(b-3)iiIn adopting rules to provide students with the option described by Subsection (b-1)(1)(A), the State Board of Education must approve a variety of mathematics and science courses that may be taken after the completion of Algebra II and physics to comply with the recommended program requirements.
(b-4)iiA school district may offer the curriculum described in Subsection (b-1)(1)(A) in an applied manner. Courses delivered in an applied manner must cover the essential knowledge and skills, and the student shall be administered the applicable end-of-course assessment instrument as provided by Sections 39.023(c) and 39.025.
(b-5)iiA school district may offer a mathematics or science course to be taken by a student after completion of Algebra II and physics to comply with the recommended program requirements in Subsection (b-1)(1)(A). A course approved under this subsection must be endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit.
(5)iiOn page 30, line 24, strike "(b-4)" and substitute "(b-6)".
(6)iiOn page 31, line 8, strike "(b-5)" and substitute "(b-7)".
(7)iiOn page 31, line 17, strike "(b-6)" and substitute "(b-8)".
(8)iiOn page 31, line 21, strike "(b-7)" and substitute "(b-9)".
(9)iiOn page 32, line 5, strike "(b-8)" and substitute "(b-10)".
(10)iiOn page 69, lines 16-22, strike "subchapter. If the district received an accreditation status of accredited-warned or accredited-probation for the preceding school year or if any campus performed below a standard required under this subchapter in the preceding school year, the commissioner shall notify the district or campus of a subsequent such designation on or before June 15" and substitute "subchapter".
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6921
(11)iiOn page 77, line 16, between "year" and "the", insert a comma.
(12)iiOn page 106, line 8, strike "compare" and substitute "a comparison of".
(13)iiOn page 125, line 23, strike "ELIGIBILITY FOR DISTINCTION DESIGNATION. (a)" and substitute "DISTINCTION DESIGNATIONS."
(14)iiOn page 126, strike lines 2-24.
(15)iiOn page 126, line 26, strike "(a) The commissioner shall award a".
(16)iiStrike page 126, line 27, through page 127, line 3.
(17)iiOn page 127, strike lines 4-11 and substitute the following:
The commissioner by rule shall establish a recognized and exemplary rating for awarding districts and campuses an academic distinction designation under this subchapter. In establishing the recognized and exemplary ratings, the commissioner shall adopt criteria for the ratings, including:
(1)iipercentages of students who:
(A)iiperformed satisfactorily, as determined under the college readiness performance standard under Section 39.0241, on assessment instruments required under Section 39.023(a), (b), (c), or (l), aggregated across grade levels by subject area; or
(B)iimet the standard for annual improvement, as determined by the agency under Section 39.034, on assessment instruments required under Section 39.023(a), (b), (c), or (l), aggregated across grade levels by subject area, for students who did not perform satisfactorily as described by Paragraph (A); and
(2)iiother factors for determining sufficient student attainment of postsecondary readiness.
(18)iiOn page 141, line 6, strike "instruments" and substitute "instrument".
(19)iiOn page 158, lines 12-14, strike "accreditation status [performance
rating] of the district[, as determined] under Section 39.052 [39.072]" and
substitute "accreditation status and performance rating of the district[, as
determined] under Sections 39.052 and 39.054 [Section 39.072]".
(20)iiOn page 168, line 19, strike "developed".
(21)iiOn page 178, line 7, strike "28.002(c-3)" and substitute "28.002(c-1)".
(22)iiOn page 178, line 9, between "39.023(e)" and "and", insert ", Education Code, as amended by this Act".
(23)iiOn page 178, line 10, strike "amended" and substitute "added".
(24)iiOn page 178, strike lines 11-13.
(25)iiOn page 178, line 14, strike "(d)" and substitute "(c)".
(26)iiOn page 178, line 17, strike "(e)" and substitute "(d)".
(27)iiOn page 178, line 17, strike "Subsection (f)" and substitute "Subsection (e)".
(28)iiOn page 178, line 22, strike "(f)" and substitute "(e)".
HCR 283 was adopted by (Record 1732): 146 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, Y.; Deshotel; Driver;
6922 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent — Davis, J.; King, T.; Oliveira.
HCR 287 - ADOPTED
(by Taylor)
The following privileged resolution was laid before the house:
HCR 287
WHEREAS, HB 4409 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct HB 4409 as follows:
(1)iiIn SECTION 16 of the bill, in added Section 2210.072(a), Insurance Code (conference committee report, page 12, line 7), after "losses.", add "Public securities issued under this section must be repaid within a period not to exceed 10 years, and may be repaid sooner if the board of directors elects to do so and the commissioner approves."
(2)iiIn SECTION 16 of the bill, in added Section 2210.073(a), Insurance Code (conference committee report, page 12, lines 28 and 29), strike "set by the commissioner by rule,".
(3)iiIn SECTION 16 of the bill, in added Section 2210.074(a), Insurance Code (conference committee report, page 13, line 12), strike "as described by Subsection (c)." and substitute "as described by Section 2210.075. Public securities issued under this section must be repaid within a period not to exceed 10 years, and may be repaid sooner if the board of directors elects to do so and the commissioner approves."
(4)iiIn SECTION 30 of the bill, in amended Section 2210.251(a), Insurance
Code (conference committee report, page 21, line 18), strike "[or approved]" and
substitute "or approved".
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6923
(5)iiIn SECTION 30 of the bill, in amended Section 2210.251(d), Insurance
Code (conference committee report, page 22, line 9), strike "[or approval]" and
substitute "or approval".
(6)iiIn SECTION 30 of the bill, in amended Section 2210.251(e), Insurance
Code (conference committee report, page 22, line 16), strike "[or approval]" and
substitute "or approval".
(7)iiIn SECTION 30 of the bill, in added Section 2210.251(l)(2), Insurance Code (conference committee report, page 23, line 30), strike "association" and substitute "department".
(8)iiIn SECTION 31 of the bill, in added Section 2210.258(a), Insurance Code (conference committee report, page 24, line 16), strike "Sections __ through ___ HB 4409" and substitute "Sections 5 through 49, HB 4409".
(9)iiIn SECTION 31 of the bill, in added Section 2210.259(a), Insurance Code (conference committee report, page 24, line 29), strike "June 1, 2009" and substitute "September 1, 2009".
(10)iiIn SECTION 31 of the bill, in added Section 2210.259(a), Insurance Code (conference committee report, page 24, line 31), strike "June 1, 2009" and substitute "September 1, 2009".
(11)iiIn SECTION 31 of the bill, in added Section 2210.259(a), Insurance Code (conference committee report, page 25, line 5), strike "SECTIONS __ through ___, HB 4409" and substitute "Sections 5 through 49, HB 4409".
(12)iiIn SECTION 41 of the bill, in added Section 2210.609(a), Insurance Code (conference committee report, page 37, line 11), strike "priority" and substitute "parity".
(13)iiIn SECTION 51(b) of the bill (conference committee report, page 46, line 26), strike "Sections __ through ___ and 50 of this Act" and substitute "Sections 1 through 4 and 50 of this Act".
HCR 287 was adopted by (Record 1733): 147 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton;
6924 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent — Gallego; Smithee.
HCR 288 - ADOPTED
(by Branch)
Representative Branch moved to suspend all necessary rules to take up and consider at this time HCRi288.
The motion prevailed.
The following resolution was laid before the house:
HCR 288, Directing the governing boards of general academic teaching institutions to limit increases in total academic costs charged to resident undergraduate students for certain school years.
HCR 288 was adopted by (Record 1734): 145 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C); Hartnett.
Absent — Coleman; Smithee; Swinford.
RECESS
At 12:16 p.m., the speaker announced that the house would stand recessed until 2 p.m. today.
AFTERNOON SESSION
The house met at 2 p.m. and was called to order by Representative Geren.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6925
HCR 286 - ADOPTED
(by Corte)
The following privileged resolution was laid before the house:
HCR 286
WHEREAS, HB 1831 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct HB 1831 as follows:
(1)iiIn SECTION 1.03a of the bill, in added Section 418.016(b), Government Code (page 2a), strike "60 days" and substitute "30 days".
(2)iiIn SECTION 2.04 of the bill (page 27, line 25), strike "November 1, 2009" and substitute "June 1, 2010".
(3)iiIn SECTION 2.05 of the bill (page 29, line 1), strike "October 1, 2009" and substitute "January 1, 2010"
HCR 286 was adopted by (Record 1735): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook; Corte; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Gallego; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Taylor; Thibaut; Thompson; Turner, C.; Turner, S.; Vaught; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Geren(C).
Absent — Coleman; Crabb; Flynn; Frost; Hopson; Howard, C.; Kuempel; Marquez; Ritter; Smithee; Swinford; Truitt; Veasey.
HCR 284 - ADOPTED
(by Hochberg)
The following privileged resolution was laid before the house:
6926 81st LEGISLATURE — REGULAR SESSION
HCR 284
WHEREAS, HB 2488 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and
WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct HB 2488 in added Section 31.004, Education Code, by adding the following text at the end of the section:
This section does not require a school district or open-enrollment charter school to provide any textbooks, electronic textbooks, or other instructional materials in addition to those required under this chapter.
HCR 284 was adopted by (Record 1736): 146 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Nays — Kleinschmidt.
Present, not voting — Mr. Speaker; Geren(C).
Absent — Kuempel.
HCR 281 - ADOPTED
(by Homer)
Representative Homer moved to suspend all necessary rules to take up and consider at this time HCRi281.
The motion prevailed.
The following resolution was laid before the house:
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6927
HCR 281, In memory of Tye James Parrish.
HCR 281 was unanimously adopted by a rising vote.
HR 3118 - ADOPTED
(by Gattis)
Representative Gattis moved to suspend all necessary rules to take up and consider at this time HRi3118.
The motion prevailed.
The following resolution was laid before the house:
HR 3118, Honoring Hal Talton for his service as chief of staff and general counsel in the office of State Representative Dan Gattis.
HR 3118 was adopted.
On motion of Representative Strama, the names of all the members of the house were added to HRi3118 as signers thereof.
RESOLUTIONS ADOPTED
Representative Edwards moved to suspend all necessary rules to take up and consider at this time HR 647, HR 782, HR 1712, HR 1822, HR 2487, HR 2544, HR 2884, HR 2926, HR 2929, HR 2932, HR 2933, HR 2935, and HR 2937.
The motion prevailed.
The following resolutions were laid before the house:
HR 647 (by Elkins), Honoring Vince Young of Houston for his achievements in professional and college football.
HR 782 (by Gallego), Commemorating the March 2009 observance of National Athletic Training Month in Del Rio.
HR 1712 (by Alvarado), Recognizing June 1, 2009, as Dean and Rog Day at the State Capitol.
HR 1822 (by Cohen), Welcoming students and sponsors from St. Stephen's Episcopal School to the State Capitol.
HR 2487 (by Kent), Honoring Dallas mayor Tom Leppert for his outstanding public service.
HR 2544 (by Christian), Commending Jonathon Colby McClellan for his service as legislative director for State Representative Wayne Christian.
HR 2884 (by S. King), Congratulating Dr. Royce Money on his retirement as president of Abilene Christian University and on his appointment as chancellor.
HR 2926 (by Martinez), Honoring Audrey Eoff of Weslaco for her 50 years of service to Epsilon Sigma Alpha International.
HR 2929 (by Peña), Honoring Felix Rodriguez, Sr., of Elsa for his service to his country as a member of the U.S. Army during World War II.
6928 81st LEGISLATURE — REGULAR SESSION
HR 2932 (by Frost), Congratulating Willie and Robbie Lee Williams on their 50th wedding anniversary.
HR 2933 (by Legler), Congratulating Fire Marshal David Brannon and Deputy Fire Marshal Debbie Taylor of the Pasadena Fire Department for winning the 2009 John R. Rauch Award.
HR 2935 (by Crownover), Congratulating Karla K. Morton of Denton on her selection as the 2010 Texas State Poet Laureate.
HR 2937 (by Quintanilla), Congratulating Dr. Xavier De La Torre on his appointment as superintendent of the Socorro Independent School District.
The resolutions were adopted.
HR 2936 - ADOPTED
(by Hughes and Cohen)
Representative Edwards moved to suspend all necessary rules to take up and consider at this time HRi2936.
The motion prevailed.
The following resolution was laid before the house:
HR 2936, In memory of Earl Milton Morin, Jr., of Houston.
HR 2936 was unanimously adopted by a rising vote.
HR 3130 - ADOPTED
(by Coleman)
Representative Coleman moved to suspend all necessary rules to take up and consider at this time HRi3130.
The motion prevailed.
The following resolution was laid before the house:
HR 3130, Recognizing Julia Cruz Kerker for her outstanding work in the office of State Representative Garnet F. Coleman.
HR 3130 was adopted.
On motion of Representative Burnam, the names of all the members of the house were added to HRi3130 as signers thereof.
HR 3098 - ADOPTED
(by Coleman)
Representative Coleman moved to suspend all necessary rules to take up and consider at this time HRi3098.
The motion prevailed.
The following resolution was laid before the house:
HR 3098, Honoring the Texas Legislative Study Group Class of 2009.
HR 3098 was adopted.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6929
On motion of Representative Burnam, the names of all the members of the house were added to HRi3098 as signers thereof.
(Crownover in the chair)
RESOLUTIONS ADOPTED
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HR 3000 - HR 3006, HR 3008 - HR 3044, HR 3046, HR 3048, and HR 3049.
The motion prevailed.
The following resolutions were laid before the house:
HR 3000 (by Chavez), Honoring Donald Williams of El Paso for his service to the community.
HR 3001 (by Chavez), Commending Joyce Jaynes on her record of service with the YWCA El Paso del Norte Region.
HR 3002 (by Chavez), Commending Azuri Ruiz on her record of service with the YWCA El Paso del Norte Region.
HR 3003 (by Chavez), Commending Susan Melendez on her record of service with the YWCA El Paso del Norte Region.
HR 3004 (by Chavez), Congratulating Lisselle Osuna on her selection as the Ysleta ISD 2009-2010 Elementary Teacher of the Year.
HR 3005 (by Chavez), Honoring Michael Hutson for his service as an intern in the office of State Representative Norma Chavez.
HR 3006 (by Chavez), Honoring the life of Betty Dodson for her role in founding Project Redirection in El Paso.
HR 3008 (by Chavez), Congratulating the spring and summer 2009 graduates of Project Arriba in El Paso.
HR 3009 (by Chavez), Honoring Carlos Eduardo Mejia for his outstanding service as a legislative aide in the office of State Representative Norma Chavez.
HR 3010 (by Chavez), Honoring Salvador Balcorta of El Paso for his service to his community.
HR 3011 (by Chavez), Congratulating Kaitlin Triplett on being named a Safety Patrol Student of the Year at North Star Elementary School in El Paso.
HR 3012 (by Chavez), Congratulating Stephanie Bautista for being honored as a Safety Patrol Student at Del Norte Heights Elementary School in El Paso.
HR 3013 (by Chavez), Congratulating Bryan Cota on being named a Safety Patrol Student of the Year at Tierra Del Sol Elementary School in El Paso.
HR 3014 (by Chavez), Honoring Judge Kathleen Cardone for her work with the YWCA El Paso del Norte Region.
HR 3015 (by Chavez), Congratulating Joseph "Sib" Abraham, Jr., on being named the 2009 Outstanding Senior Lawyer by the El Paso Bar Association.
6930 81st LEGISLATURE — REGULAR SESSION
HR 3016 (by Chavez), Congratulating Lee Shapleigh on being named the 2009 Outstanding State Attorney by the El Paso Bar Association.
HR 3017 (by Chavez), Congratulating Carlos G. Madrid on being named the 2009 Outstanding Young Lawyer by the El Paso Bar Association.
HR 3018 (by Chavez), Congratulating Raymundo Velarde on being named the 2009 Outstanding Lawyer by the El Paso Bar Association.
HR 3019 (by Chavez), Congratulating Maria Del Carmen Guerrero on her receipt of the Liberty Bell Award from the El Paso Bar Association.
HR 3020 (by Chavez), Congratulating Selena Solis on being named the 2009 Outstanding Federal Attorney by the El Paso Bar Association.
HR 3021 (by Chavez), Commending Tracy Yellen for her service with the YWCA El Paso del Norte Region.
HR 3022 (by Chavez), Congratulating Miguel Torres on his receipt of the Professionalism Award from the El Paso Bar Association.
HR 3023 (by Chavez), Honoring Kathleen Peyton for her service to the YWCA El Paso del Norte Region.
HR 3024 (by Chavez), Commending Alice Rosas for serving as a Democratic precinct chair in El Paso County.
HR 3025 (by Chavez), Commending Hans Sassenfeld for serving as a Democratic precinct chair in El Paso County.
HR 3026 (by Chavez), Commending Josefina Chavez Herrera for serving as a Democratic precinct chair in El Paso County.
HR 3027 (by Chavez), Commending Santiago Luis Rodriguez for serving as a Democratic precinct chair in El Paso County.
HR 3028 (by Chavez), Commending Osvaldo I. Venzor for serving as a Democratic precinct chair in El Paso County.
HR 3029 (by Chavez), Commending Louis Elias Lopez for serving as a Democratic precinct chair in El Paso County.
HR 3030 (by Chavez), Commending Carlos Chavez for serving as a Democratic precinct chair in El Paso County.
HR 3031 (by Chavez), Commending Alfred Randolph Reeves for serving as a Democratic precinct chair in El Paso County.
HR 3032 (by Chavez), Commending Marco Gonzalez for serving as a Democratic precinct chair in El Paso County.
HR 3033 (by Chavez), Commending Roberto Hernandez for serving as a Democratic precinct chair in El Paso County.
HR 3034 (by Chavez), Commending Anthony Paul Walsh for serving as a Democratic precinct chair in El Paso County.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6931
HR 3035 (by Chavez), Commending Shaun Lewis for serving as a Democratic precinct chair in El Paso County.
HR 3036 (by Chavez), Commending Angela Collins for serving as a Democratic precinct chair in El Paso County.
HR 3037 (by Chavez), Commending Karen Powers for serving as a Democratic precinct chair in El Paso County.
HR 3038 (by Chavez), Commending Laura Escajeda for serving as a Democratic precinct chair in El Paso County.
HR 3039 (by Chavez), Commending Christina Fenstermacher for serving as a Democratic precinct chair in El Paso County.
HR 3040 (by Chavez), Commending Nicole Lee Mendez for serving as a Democratic precinct chair in El Paso County.
HR 3041 (by Chavez), Commending Marco Antonio Camarillo for serving as a Democratic precinct chair in El Paso County.
HR 3042 (by Chavez), Commending Oscar Baeza for serving as a Democratic precinct chair in El Paso County.
HR 3043 (by Chavez), Congratulating the Watson & Maynez, P.C., law firm on its receipt of the Pro Bono Award from the El Paso Bar Association.
HR 3044 (by Chavez), Congratulating Judge Enrique H. Peña on his receipt of the Mediator of the Year Award from the El Paso Bar Association.
HR 3046 (by Gonzalez Toureilles), Honoring Deputy Sheriff Mark Regalado for being named Law Officer of the Year of Jim Wells County.
HR 3048 (by Kent, et al.), Congratulating Robert Jones of Annie's List on his receipt of a 2009 Rising Star Award from Politics magazine.
HR 3049 (by Chavez), Congratulating Otto Drozd on his appointment as fire chief for the City of El Paso.
The resolutions were adopted.
RESOLUTIONS ADOPTED
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HR 2999, HR 3007, and HR 3050.
The motion prevailed.
The following resolutions were laid before the house:
HR 2999 (by Chavez), In memory of Richard Nathan Azar of El Paso.
HR 3007 (by Chavez), In memory of Myles Julian Anderson of El Paso.
HR 3050 (by Corte), In memory of U.S. Army Corporal Michael W. Davis.
The resolutions were unanimously adopted by a rising vote.
6932 81st LEGISLATURE — REGULAR SESSION
HR 3053 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HRi3053.
The motion prevailed.
The following resolution was laid before the house:
HR 3053, Commending the staff of the office of the House Journal Clerk.
HR 3053 was read and was adopted.
On motion of Representative Farabee, the names of all the members of the house were added to HRi3053 as signers thereof.
HR 3073 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HRi3073.
The motion prevailed.
The following resolution was laid before the house:
HR 3073, Honoring the members of the Chief Clerk's Office of the House of Representatives of the 81st Texas Legislature.
HR 3073 was read and was adopted.
On motion of Representative Elkins, the names of all the members of the house were added to HRi3073 as signers thereof.
HR 2851 - PREVIOUSLY ADOPTED
(by Anderson)
The chair laid out the following previously adopted resolution:
HR 2851,iHonoring Austin Epps and Hannah Hammack for their service as legislative interns in the office of State Representative Charles Anderson.
HR 3072 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HRi3072.
The motion prevailed.
The following resolution was laid before the house:
HR 3072, Honoring the employees of the House Business Office for their service during the 81st Texas Legislature.
HR 3072 was read and was adopted.
INTRODUCTION OF GUEST
The chair recognized Representative Geren who introduced Steven Adrian, executive director of the House Business Office.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6933
HR 2945 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HRi2945.
The motion prevailed.
The following resolution was laid before the house:
HR 2945, Honoring the staff of the House Committee Coordinator's Office.
HR 2945 was read and was adopted.
On motion of Representative C. Turner, the names of all the members of the house were added to HRi2945 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Geren who introduced the staff of the House Committee Coordinator's Office.
RESOLUTIONS ADOPTED
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HR 2952, HR 2954 - HR 2958, HR 2970, HRi2972i-iHRi2974, HR 2976 - HR 2990, HR 2993, HR 2994, HR 2996 - HRi2998, HRi3055i-iHRi3057, HR 3063 - HR 3066, and HR 3069 - HR 3071.
The motion prevailed.
The following resolutions were laid before the house:
HR 2952 (by J. Davis), Congratulating Randy and Nancy Alexander on their 50th wedding anniversary.
HR 2954 (by Giddings), Congratulating Dr. Elba Garcia on her selection as the 2009 Woman of the Year by the Women's Council of Dallas County.
HR 2955 (by Giddings), Commemorating the 2009 Founder's Observance at Paul Quinn College.
HR 2956 (by Giddings), Congratulating the Reverend Dr. Harvey L.iHollmon on his 60th anniversary as a Baptist minister.
HR 2957 (by Giddings), Commemorating the 26th Annual Regional Training Conference of Region VI of Blacks in Government.
HR 2958 (by Dunnam), Congratulating Robert Hawkins of Bellmead on his induction into the AFL-CIO Hall of Fame.
HR 2970 (by Creighton), Congratulating the Conroe High School Theatre Department on being selected to participate in the 2009 American High School Theatre Festival in Edinburgh, Scotland.
HR 2972 (by Herrero), Honoring Samantha Greenwood and Katie Wernecke of Banquete High School for their participation in the High School Aerospace Scholars program.
6934 81st LEGISLATURE — REGULAR SESSION
HR 2973 (by Herrero), Congratulating Ed Hicks Nissan of Corpus Christi on winning a 2008 Owner First Circle of Excellence Award from the Nissan Motor Company.
HR 2974 (by Herrero), Commending the Honorable William J. Ordner for his service to the citizens of Petronila.
HR 2976 (by Gonzalez Toureilles), Congratulating Carl and Lillian Beam of Falls City on their 50th wedding anniversary.
HR 2977 (by Madden), Honoring the interns serving in the office of Representative Jerry Madden.
HR 2978 (by Merritt), Congratulating Adrian Parr of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Accounting, Number Sense, Calculator Applications, and Mathematics categories.
HR 2979 (by Merritt), Congratulating Jeremy Hall of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Accounting category.
HR 2980 (by Merritt), Congratulating Lisa Bass of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Number Sense category.
HR 2981 (by Merritt), Congratulating Michael Bass of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Number Sense, Calculator Applications, and Mathematics categories.
HR 2982 (by Merritt), Congratulating Jessica Sorey of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Accounting category.
HR 2983 (by Merritt), Congratulating Tyler Nichols of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Mathematics category.
HR 2984 (by Merritt), Congratulating Ariel Chipman of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Literary Criticism category.
HR 2985 (by Merritt), Congratulating Caryn Esch of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Literary Criticism category.
HR 2986 (by Merritt), Congratulating Anna Brown of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Calculator Applications category.
HR 2987 (by Hernandez), Commending Raul Alejandro Diaz-Wahl for his service as an intern for State Representative Ana Hernandez.
HR 2988 (by Hernandez), Commemorating the centennial of Magnolia Park in Houston.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6935
HR 2989 (by Herrero), Commemorating the inaugural season of play for the Coastal Bend Thunder baseball team.
HR 2990 (by Herrero), Recognizing the Tuloso-Midway High School Band of Corpus Christi for its success in 2008-2009.
HR 2993 (by Branch), Congratulating Jim Beckett of Dallas on the occasion of his 60th birthday.
HR 2994 (by Branch), Honoring Angela Quant Weinbrenner, Lisa Stone, Tina Wepler, and the rest of the staff of the Neonatal Intensive Care Unit of Baylor University Medical Center at Dallas.
HR 2996 (by Chavez), Honoring the history and achievements of the El Paso Branch of the NAACP.
HR 2997 (by Chavez), Congratulating the Jefferson High School JROTC on receiving the Superintendent's Performances Trophy from the El Paso Independent School District.
HR 2998 (by Chavez), Honoring Rosa Guerrero, founder of the International Ballet Folklorico, for her contributions to the El Paso YWCA.
HR 3055 (by Herrero), Congratulating the Tuloso-Midway Middle School Varsity Treble Choir of Corpus Christi for winning Best in Class in their division at the Seasons Music Festival.
HR 3056 (by Herrero), Congratulating the softball team from Tuloso Midway High School in Corpus Christi on its success during the 2009 season.
HR 3057 (by Herrero), Congratulating Gabriela Isabel Diaz of Corpus Christi on her participation in the 2009 Scripps National Spelling Bee.
HR 3063 (by Rios Ybarra), Honoring Judge Guadalupe Canales for his service to Jim Hogg County.
HR 3064 (by Hughes), Congratulating Wayne Collins of Mineola on his receipt of the inaugural Aviator of the Year Award from the Aviation Division of the Texas Department of Transportation.
HR 3065 (by Chavez), Congratulating the Honorable Samuel Medrano, Jr., on being named the 2009 Outstanding Jurist by the El Paso Bar Association.
HR 3066 (by Chavez), Congratulating Carlos Hernandez on being named the 2009 Outstanding Pre-Law Student by the El Paso Bar Association.
HR 3069 (by Herrero), Congratulating the Tuloso-Midway High School Choir on its many achievements.
HR 3070 (by Herrero), Congratulating Dr. Arthur E. Hernandez of Texas A&M University–Corpus Christi on his appointment to the Texas Diabetes Council.
6936 81st LEGISLATURE — REGULAR SESSION
HR 3071 (by Herrero), Congratulating the girls' track team from Tuloso Midway High School in Corpus Christi on its second-place finish in the 31-4A district track meet.
The resolutions were adopted.
RESOLUTIONS ADOPTED
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HR 2953, HR 3058, HR 3059, HR 3067, and HRi3068.
The motion prevailed.
The following resolutions were laid before the house:
HR 2953 (by Giddings), In memory of Rayzette Louisa Reed Howard of Dallas.
HR 3058 (by Quintanilla), In memory of Eligio "Lico" Grijalva of El Paso County.
HR 3059 (by Quintanilla), In memory of Ruben Grijalva of Clint.
HR 3067 (by Farabee), In memory of Dorsey Ray Trapp of Wichita Falls.
HR 3068 (by Corte), In memory of U.S. Army Sergeant Shaun Paul Tousha of Hull.
The resolutions were unanimously adopted by a rising vote.
HR 3125 - ADOPTED
(by Callegari)
Representative Callegari moved to suspend all necessary rules to take up and consider at this time HRi3125.
The motion prevailed.
The following resolution was laid before the house:
HR 3125, Congratulating Derek Bull of Highlands Ranch, Colorado, on his graduation from Mountain Vista High School.
HR 3125 was adopted.
RESOLUTIONS ADOPTED
Representative Geren moved to suspend all necessary rules to take up and consider at this time HR 2938 - HR 2942, HR 2946, HR 3074 - HR 3076, HRi3078 -iHRi3093, HR 3095 - HR 3097, HR 3099 - HR 3106, HRi3108i-iHRi3110, HR 3112 - HR 3117, HR 3119, HR 3120, HR 3123, HRi3124, HRi3126i-iHRi3129, HR 3131 - HR 3134, HCR 127, HCRi164, and HCRi175.
The motion prevailed.
The following resolutions were laid before the house:
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6937
HR 2938 (by Quintanilla), Congratulating Estela Priego Cardenas on her 97th birthday.
HR 2939 (by Quintanilla), Congratulating Mary Benham on the occasion of her retirement from the Socorro Independent School District.
HR 2940 (by Quintanilla), Congratulating Marina Hansen on her selection as the 2009 Secondary Teacher of the Year by the Socorro Independent School District.
HR 2941 (by Quintanilla), Congratulating Amelia Anchondo on her selection as the 2009 Elementary Teacher of the Year by the Socorro Independent School District.
HR 2942 (by Quintanilla), Congratulating Dr. Edward Gabaldon on his appointment as the superintendent of the Clint Independent School District.
HR 2946 (by Geren), Honoring the staff of the Texas Legislative Council.
HR 3074 (by Gonzalez Toureilles), Honoring U.S. Army Staff Sergeant Jose Jaime Guerrero of Alice for his service in Iraq.
HR 3075 (by Gonzalez Toureilles), Honoring U.S. Marine Lance Corporal Daniel Salinas of Alice for his service in Iraq.
HR 3076 (by Chavez), Honoring K. Michael Apodaca for his active participation in civic affairs.
HR 3078 (by Hughes), Honoring Faye Collier Campbell of Ore City on her 97th birthday.
HR 3079 (by Hunter), Honoring Edward H. Harte of Corpus Christi on his outstanding contributions to the Lone Star State.
HR 3080 (by Quintanilla), Honoring Dusty Henson of El Paso for his donation of a beautiful mirror to the State of Texas.
HR 3081 (by Truitt), Honoring Adam Shapiro for his service as assistant clerk for the House Committee on Pensions, Investments, and Financial Services.
HR 3082 (by Truitt), Commending Sophia Lecky for her service as a legislative aide in the office of State Representative Vicki Truitt.
HR 3083 (by Truitt), Honoring Mitzi Long for her work in the office of State Representative Vicki Truitt during the 81st Legislature.
HR 3084 (by Truitt), Honoring Terra Taylor for her work in the office of State Representative Vicki Truitt during the 81st Legislature.
HR 3085 (by Truitt), Honoring Merita Zoga for her service as clerk for the House Committee on Pensions, Investments, and Financial Services.
HR 3086 (by Truitt), Honoring Dan Sutherland for his work in the office of State Representative Vicki Truitt during the 81st Legislature.
HR 3087 (by Truitt), Commending John Hefley for his service as an intern in the office of State Representative Vicki Truitt.
6938 81st LEGISLATURE — REGULAR SESSION
HR 3088 (by Truitt), Honoring Cameron Eckel for her service as an intern in the office of State Representative Vicki Truitt.
HR 3089 (by Merritt), Congratulating Connie Esch of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Literary Criticism category.
HR 3090 (by Merritt), Congratulating Michelle Thompson of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Accounting category.
HR 3091 (by Merritt), Congratulating Jerry Anne Jurenka for being named the 2009 Woman of Achievement by the Zonta Club of Longview.
HR 3092 (by Merritt), Congratulating Gary Duncan of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Number Sense, Calculator Applications, and Mathematics categories.
HR 3093 (by Merritt), Congratulating Skye Duncan of Spring Hill High School in Longview on qualifying for the 2009 UIL Academic State Meet in the Literary Criticism category.
HR 3095 (by Peña), Congratulating Jacquelyn Camille Alamia of Austin on her graduation from Westlake High School.
HR 3096 (by Peña), Honoring the Delta chapter of Delta Xi Nu Multicultural Sorority, Inc., for its contributions to The University of Texas-Pan American and to the greater community.
HR 3097 (by Dunnam), Congratulating the Reverend Dr. Robert H. Crilley and Virginia Ann Crilley on their 50th wedding anniversary.
HR 3099 (by Hamilton), Honoring Christine Williford on her graduation from The University of Texas School of Law.
HR 3100 (by Madden, et al.), Honoring Dennis Stewart for his service on the Richardson City Council.
HR 3101 (by Madden, et al.), Commending Rhea Allison for his service as a member of the Richardson City Council.
HR 3102 (by Madden, et al.), Honoring Pris Hayes for her service as a member of the Richardson City Council.
HR 3103 (by Madden, et al.), Honoring the interns of the Criminal Justice Legislative Oversight Committee for their service during the 81st Legislature.
HR 3104 (by Madden, et al.), Honoring Melody Timinsky for her service as a trustee of the Plano Independent School District.
HR 3105 (by Madden, et al.), Honoring Scott Johnson for his service to the Plano City Council.
HR 3106 (by Madden, et al.), Honoring Pat Evans on her service as the mayor of Plano.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6939
HR 3108 (by Hartnett), Honoring Brendan Hyde for his service as an intern in the office of State Representative Will Hartnett.
HR 3109 (by Hartnett), Commending P. Rowland Greenwade of Austin for his service as the legislative director for the office of State Representative Will Hartnett.
HR 3110 (by Hartnett), Honoring Chase Carter for his outstanding service as an administrative aide in the office of State Representative Will Hartnett.
HR 3112 (by Madden, et al.), Honoring Sally Magnuson for her service to the Plano City Council.
HR 3113 (by Zerwas), Recognizing August 2009 as Plasma Protein Therapies Month in Texas.
HR 3114 (by Berman), Congratulating the baseball team of All Saints Episcopal School in Tyler on winning the TAPPS 3A state championship for 2009.
HR 3115 (by P. King), Congratulating Clif Tramel on his selection as the 2009 Miss Anna Hackett Teacher of the Year by the Weatherford Independent School District.
HR 3116 (by P. King), Congratulating the One-Act Play team of Hico High School on advancing to the UIL state finals.
HR 3117 (by P. King), Congratulating Lori Bratcher on her selection as the 2009 Elementary Teacher of the Year by the Weatherford Independent School District.
HR 3119 (by Gallego), Honoring Edelmira "Miri" Sotelo for her service as district office director for Representative Pete Gallego.
HR 3120 (by Hunter), Honoring Bill Moore for his tenure as president of the Texas Pharmacy Association.
HR 3123 (by Alonzo), Commemorating the bicentennial in 2010 of Diez y Seiz de Septiembre and congratulating the citizens of Mexico on this milestone.
HR 3124 (by Alonzo), Commemorating the 2009 Chicano Activist Convention in Dallas.
HR 3126 (by Legler), Congratulating Keegan Schmitt on becoming an Eagle Scout.
HR 3127 (by Herrero), Honoring Jaclyn J. Uresti for her service as chief of staff in the office of State Representative Abel Herrero.
HR 3128 (by Herrero), Honoring Zulema Zapata for her contributions as district director in the office of State Representative Abel Herrero.
HR 3129 (by Walle), Honoring Falon Shackelford, Cinthia Garcia, Alejandra Garcia, and Claudia Pineda of MacArthur Senior High School in Houston for their outstanding academic achievements.
6940 81st LEGISLATURE — REGULAR SESSION
HR 3131 (by Gallego), Honoring Garnet Austin Coleman on his graduation from Bellaire Senior High School.
HR 3132 (by Dukes), Recognizing August 2, 2009, as Friendship Day.
HR 3133 (by Dukes), Commemorating the 100th anniversary of the University Interscholastic League.
HR 3134 (by Hartnett), Honoring Alyssa Eacono for her service as chief of staff in the office of State Representative Will Hartnett.
HCR 127 (by Marquez), Designating October 25 to 31, 2009, as Disability Awareness Week in Texas.
HCR 164 (by Homer), Designating April 21, 2009, as Delta County Day at the State Capitol.
HCR 175 (by Homer), Recognizing March 25, 2009, as Mount Pleasant Day at the State Capitol.
The resolutions were adopted.
RESOLUTIONS ADOPTED
Representative Geren moved to suspend all necessary rules to take up and consider at this time HR 3077, HR 3094, HR 3111, HR 3121, and HR 3122.
The motion prevailed.
The following resolutions were laid before the house:
HR 3077 (by Farabee), In memory of Roger Alan Einhaus of Wichita Falls.
HR 3094 (by Quintanilla), In memory of Robert and Francisca Rojas of Socorro.
HR 3111 (by Hughes), In memory of Albert Abraham of Marshall.
HR 3121 (by Phillips), In memory of Raymond Risk, Sr., of Sherman.
HR 3122 (by Hilderbran), In memory of Dr. James Carr Stokes of Kerrville.
The resolutions were unanimously adopted by a rising vote.
INTRODUCTION OF GUESTS
The chair recognized Representative Geren who introduced the Special Services staff.
HR 2948 - ADOPTED
(by Riddle)
Representative Riddle moved to suspend all necessary rules to take up and consider at this time HRi2948.
The motion prevailed.
The following resolution was laid before the house:
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6941
HR 2948, Commemorating the time Joey Morales and Jon English have spent together in the Buda Elementary School Buda Buddies program.
HR 2948 was adopted.
HR 2943 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HRi2943.
The motion prevailed.
The following resolution was laid before the house:
HR 2943, Recognizing the staff of the House Sergeant-at-Arms office.
HR 2943 was read and was adopted.
INTRODUCTION OF GUESTS
The chair recognized Representative Geren who introduced the House Sergeant-at-Arms staff.
(Speaker in the chair)
HCR 292 - ADOPTED
(by Truitt)
The following privileged resolution was laid before the house:
HCR 292
WHEREAS, HB 2559 has been adopted by the house of representatives and the senate and has been enrolled; and
WHEREAS, The bill contains a technical error that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the action of the speaker of the house of representatives and the president of the senate in signing HB 2559 be declared null and void and the signatures of the presiding officers be removed from the bill; and, be it further
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house be instructed to re-enroll the bill after making the following correction:
Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiDEPARTMENT OF STATE HEALTH SERVICES: STATE EMPLOYEE PILOT PROGRAM. The Department of State Health Services and the Employees Retirement System of Texas may enter into an interagency contract to establish a state employee pilot program consistent with federal guidelines for chronic disease prevention and wellness initiatives. To support the pilot program the Department of State Health Services may use funds received from the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) or other such federal funds available to the Department of State Health Services.
6942 81st LEGISLATURE — REGULAR SESSION
HCR 292 was adopted by (Record 1737): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Branch; Christian; Eiland; Hughes; Kuempel; Martinez Fischer; McCall; Rose.
STATEMENTS OF VOTE
When Record No. 1737 was taken, I was in the house but away from my desk. I would have voted yes.
Branch
When Record No. 1737 was taken, I was in the house but away from my desk. I would have voted yes.
Christian
HR 3131 - PREVIOUSLY ADOPTED
(by Gallego)
The chair laid out and had read the following previously adopted resolution:
HR 3131, Honoring Garnet Austin Coleman on his graduation from Bellaire Senior High School.
On motion of Representative Farrar, the names of all the members of the house were added to HRi3131 as signers thereof.
HCR 291 - ADOPTED
(by Pitts)
The following privileged resolution was laid before the house:
HCR 291
WHEREAS, HB 4583 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6943
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, Regular Session, That the enrolling clerk of the house of representatives be instructed to make the following correction:
Add the following appropriately numbered SECTION as the next-to-last SECTION of the bill and renumber the last SECTION of the bill accordingly:
SECTIONi____.iiSTATE AGENCIES ELIGIBLE FOR FEDERAL STIMULUS FUNDING: ABOLITION UNDER SUNSET REVIEW PROCESS POSTPONED. (a) Notwithstanding any other law, a state agency that by law is scheduled for abolition on September 1, 2009, in connection with the process by which state agencies are periodically reviewed in accordance with Chapter 325, Government Code, is not abolished on September 1, 2009, and is not subject to the procedure after termination prescribed by Section 325.017, Government Code, if the agency is eligible to administer federal stimulus funds received by this state under the federal American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) or to monitor a program funded in whole or part by federal stimulus funds. To provide for the orderly expenditure of federal stimulus funds, the agencies are continued in existence until September 1, 2011, or a later date as subsequently determined by the 81st or 82nd Legislature. For purposes of this section, the agencies that are eligible to administer federal stimulus funds received by this state under the federal American Recovery and Reinvestment Act of 2009 or to monitor a program funded in whole or in part by federal stimulus funds and that are continued in existence under this section to provide for the orderly expenditure of federal stimulus funds are:
(1)iithe Texas Department of Transportation;
(2)iithe Texas Department of Insurance;
(3)iithe Texas State Affordable Housing Corporation;
(4)iithe Texas Racing Commission; and
(5)iithe Office of Public Insurance Counsel.
(b)iiSection 201.204, Transportation Code, is amended to read as follows:
Sec.i201.204.iiSUNSET PROVISION.i The Texas Department of
Transportation is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the department is
abolished September 1, 2011 [2009].
(c)iiSection 31.004(a), Insurance Code, is amended to read as follows:
(a)iiThe Texas Department of Insurance is subject to Chapter 325,
Government Code (Texas Sunset Act).iiUnless continued in existence as
provided by that chapter, the department is abolished September 1, 2011 [2009].
(d)iiSection 2306.5521, Government Code, is amended to read as follows:
Sec.i2306.5521.iiSUNSET PROVISION. The Texas State Affordable
Housing Corporation is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the corporation is abolished
and this subchapter expires September 1, 2011 [2009].
(e)iiSection 18.01(a), Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is amended to read as follows:
6944 81st LEGISLATURE — REGULAR SESSION
(a)iiThe Texas Racing Commission is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided by that
chapter, and except as provided by Subsections (b) and (c) of this section, the
commission is abolished and this Act expires September 1, 2011 [2009].
(f)iiSection 501.003, Insurance Code, is amended to read as follows:
Sec.i501.003.iiSUNSET PROVISION. The office is subject to Chapter 325,
Government Code (Texas Sunset Act).iiUnless continued in existence as
provided by that chapter, the office is abolished September 1, 2011 [2009].
(g)iiThe governor with the prior approval of the Legislative Budget Board may direct that an agency receiving funds appropriated by Article XII, SB 1, Acts of the 81st Legislature, Regular Session, 2009 (the American Recovery and Reinvestment Act article of the General Appropriations Act), shall transfer those funds in an amount prescribed by the governor and allowed under federal law to an agency listed under Subsection (a) of this section to implement an initiative related to public safety, public integrity, consumer protection, or fiscal soundness that the agency may implement and for which under federal law the federal stimulus funds may be used.
HCR 291 - POINT OF ORDER
Representative Y. Davis raised a point of order against further consideration of HCR 291 under Rule 10, Section 8 of the House Rules on the grounds that the resolution changes the effective date of the bill.
The speaker overruled the point of order and submitted the following statement:
Representative Y. Davis raises a point of order against further consideration of HCR 291 (authorizing changes to be made to HB 4583) in that the resolution violates Rule 10, Sections 8 and 9 of the House Rules. The chair understands the point of order to be a challenge on whether the resolution is truly a corrective resolution that is authorized by Rule 10, Section 8, and eligible for consideration during the last 24 hours of a regular session under Rule 8, Section 13(f).
Arguments were made that the resolution is not in order because it changes law in violation of the rules and the constitution. A previous ruling was cited for this proposition (see House Journal, 41st First Called Session (1929), page 601). In examining the precedent, the chair finds that in a special session the legislature was considering a resolution that would change the effective date of a bill that had been enacted into law in the previous regular session. In that case a point of order was sustained on the grounds that a law could not be suspended by a concurrent resolution. The ruling is consistent with case law providing that a statute may not be amended by resolution. See Humble Oil & Refining Co. v.iState (Tex. Civ. App. 1936), 104 S.W. 2d 174, error refused.
HCR 291 does not seek to make changes to a statute. It instructs the enrolling clerk to make changes in a bill before finally enrolling it. The bill has not been presented to the governor for approval and is therefore not enacted legislation. The concurrent resolution would serve as a special type of floor amendment to the bill, adopted by both houses. The adoption of corrective resolutions instructing changes to be made to a bill before it is finally enrolled is
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6945
The chair was provided with a statement with a portion of a comment in the 1959 edition of the Texas House rules on the use of corrective resolutions. The comment, which was likely authored by the House Parliamentarian at the time, Read Granberry, cautioned that corrective resolutions:
should be strictly of that character, in not being allowable under the Rules to make changes in substance. To allow such would set a dangerous precedent, because there would be no way of drawing a line as to what could and what could not be changed by such a resolution. 56 Texas Legislative Manual 294 (1959).
No precedents or specific rules were cited in this portion of the commentary.
As the comment continues it notes that in recent years both houses have adopted
concurrent resolutions authorizing "many and various types of corrections in the
General Appropriations Act after adoption," and questions whether these changes
were truly "corrections." Nevertheless, the commentary concludes that "[s]uch
course of action has been deemed preferable to recommitting the bill to
conference. . ."
While the chair finds the commentary a thoughtful analysis of the situation at that time, the chair finds that the specific changes to the House Rules since then limit the value of the commentary. Specifically, at the time of the commentary, Rule 23, Section 12, waived the 24-hour layout rule for conference committee reports during the last 72 hours of a session. Thus a conference committee report could be adopted, reconsidered, changed, and readopted on the last day of session without having to layout. Under current rules, the 24-hour layout rule for conference committee reports (Rule 13, Section 10), applies throughout the session. Also under Rule 8, Section 13(f), conference committee reports are not authorized to be considered on the last day of the regular session. These changes mean that the only way to change a conference committee report on the final day of a regular session under the current rules is through a corrective resolution unless the rules are suspended. This was not the case at the time of the commentary. Therefore the chair finds that the ruling in this case must focus on whether HCR 291 constitutes a corrective resolution authorized by Rule 8, Section 13(f) and Rule 10, Section 8.
One of the purposes of HB 4583 was to ensure that the state could qualify for, spend, and properly oversee the expenditure of federal stimulus money. In doing so, it was presumed that the agencies the legislature had not made a conscious effort to abolish would still be in existence to perform these activities to qualify for and oversee the expenditure of the stimulus money. For many sessions now, it has been the practice to include any agency for which there is some disagreement on the specific terms of its reauthorization under the sunset act in a "safety net bill" that extends the life of the agency for several more years
6946 81st LEGISLATURE — REGULAR SESSION
The point of order is respectfully overruled.
PARLIAMENTARY INQUIRY
REPRESENTATIVE S. TURNER: In reference to the ruling, could you please recite the basis that the chair is using to overrule this point of order?
SPEAKER STRAUS: Mr. Turner, I'd be happy to give a more detailed explanation, but basically the subject of the bill is state fiscal matters. As I told you up here, it's a technical correction because the bill itself authorizes the acceptance of stimulus funds.
S. TURNER: And the technical correction is what? We're changing––because when I'm looking at HCR 291, it is changing a sunset provision, a sunset date.
SPEAKER: I'm going to let Mr. Pitts answer your questions. It's his resolution.
S. TURNER: But I'm interested in the chair's ruling. Under Rule 10, Section 8, and under house precedent, on page 167, about halfway down, it reads––and I'm quoting line by line, word by word––that, "a concurrent resolution cannot postpone the effective date of a law." And then it says, "SCR 12, relating to postponing the date upon which a certain act passed by the regular session was to become effective" was laid before the house. Mr. Keller raised a point of order on the ground the legislature cannot, by concurrent resolution, change the date a law becomes effective. And the point of order was clearly sustained. Mr.iSpeaker, we clearly understand why HCR 291 is before us. And it's before us because the bill, the safety net bill, went down on a point of order. There are some who are attempting to bypass what took place last night, and therefore, this resolution has been filed. With that as a basis, and what the precedent clearly stated in the rules, my inquiry is on what basis is the chair choosing to overrule Representative Davis' point of order? Is the chair specifically ignoring the precedent outlined in our rule book?
SPEAKER: Mr. Turner, we're leaving current law in place with respect to the sunset review. The schedule hasn't changed. I'm going to let Mr. Pitts answer more details of his resolution.
HCR 291 - REMARKS
REPRESENTATIVE PITTS: Sylvester, what this bill does is it allows the governor and the Legislative Budget Board to direct this transfer of federal funds to existing state agencies.
S. TURNER: With all due respect, I understand what the bill says. I'm referring to the resolution itself, HCR 291. What change is taking place in HCR 291?
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6947
PITTS: Well, Sylvester, it allows agencies to receive money from the state from the stimulus fund.
S. TURNER: I understand, but what change is being made; what correction is being made?
PITTS: The correction is that the American Recovery and Reinvestment Act requires an agency to be in existence when they send funds to the State of Texas. In HB 4583, which is the technical correction, allows a set-up of an account to receive those funds. So, this is a technical correction for when the comptroller receives these funds, that they are able to go out to the agencies. That is the purpose.
S. TURNER: In the bill that you are correcting, the date that is in that bill is specifically identified for what purpose? What date is in the bill and for what purpose?
PITTS: I don't have the bill in front of me. What––
S. TURNER: In the bill that is being corrected by this resolution, the date that is in that bill is in the bill for what purpose?
PITTS: I guess the effective date of the bill.
S. TURNER: For the effective date of the bill.
PITTS: And we're not changing the effective date of HB 4583.
S. TURNER: Okay, what is the effective date of the bill in the document that you are correcting?
PITTS: I believe it is, the effective day of that bill is September 1, 2009.
S. TURNER: And what is the date that you are changing?
PITTS: It is in the body of the resolution. We're not changing the effective date of HB 4583.
S. TURNER: Okay, we're going to go around in circles. Let me just see if I can be as clear as possible. You are presenting this as a corrective resolution, correct?
PITTS: That is correct.
S. TURNER: And the correction is you're changing what in the bill?
PITTS: We're allowing that agencies be in existence so when those funds come to the comptroller's office, the comptroller who sets up this special account, can transfer those funds to the state agencies.
S. TURNER: And the agencies that you are affecting, what date would they come to an end in the existing bill?
PITTS: In the effective date of HB 4583 is the effective date is September 1,i2009.
S. TURNER: And that is the date that you are attempting to change in this––
PITTS: No, we're not attempting to change the effective date. All bills, unless they get immediate effect, start September 1, 2009.
6948 81st LEGISLATURE — REGULAR SESSION
S. TURNER: Are you presenting this as a corrective resolution?
PITTS: Yes, it's a technical corrective resolution.
S. TURNER: And the date that you are technically correcting is what?
PITTS: We're not changing a date, Sylvester. We're changing to make it clear, because, I think, you or Yvonne asked me about this account.
S. TURNER: On page two of your document, of the resolution, HCR 291, is there a change that is occurring on page 2, line 19?
PITTS: There is, on a date for the Texas Department of Transportation. It is not changing the effective date of HB 4583.
S. TURNER: Are you changing a date in HCR 291?
PITTS: We're saying that the Texas Department of Transportation will be in existence to receive these stimulus funds until 2011.
S. TURNER: Are you changing a date?
PITTS: We're changing the date from 2009 to 2011, but that is not the effective date of HB 4583.
S. TURNER: Okay, can you and I both agree that in HCR 291, on page 2, line 19, you are changing a date?
PITTS: We are changing September 1, 2011, from September 1, 2009, but that has nothing to do with the effective date of this bill.
S. TURNER: Forget whatever it applies to. On page 2, line––
PITTS: We changed the date.
S. TURNER: Thank you. And the 2009, that appears in what document and what statute?
PITTS: It appears in Section––it appears in page 2, Section 2001.204, line 16 through 21.
S. TURNER: And that date is in a statute, correct?
PITTS: It's not in the bill that I am technically correcting.
S. TURNER: Okay, but it's already in statute.
PITTS: HB 4583 refers to the effective date of HB 4583 is September 1, 2009.
S. TURNER: And had the safety net bill passed last night, would there be any reason for HCR 291 to be on the house floor today?
PITTS: I think it would have been necessary to put HB 4583––Yvonne asked me about this account.
S. TURNER: I'm not asking––Representative Davis can ask you when she comes here. My question is specific. Were the safety net bill to have passed last night, would there be a reason for HCR 291 to be on the floor today?
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6949
PITTS: Sylvester, I'm going to tell you that when Yvonne brought this up to me yesterday, when we passed the conference committee on HB 4583, it came to my attention that we needed to have agencies available to receive these funds.
S. TURNER: Again, my question is again, and I'll allow Representative Davis to ask her question, but my question is very specific. Had the safety net bill passed last night, would this HCR be before us today?
PITTS: Sylvester, I'm going to answer this the same way. When Ms. Davis––
S. TURNER: It's only a yes or a no. If the agency––
PITTS: I think I would have had a corrective deal to make it clear that these agencies need to be in existence to receive these federal funds.
S. TURNER: And are you saying that because the safety net bill did not pass last night, that it's your fear that the agencies would not be in existence to accept the funds?
PITTS: Well, that's another difference, that's a whole different point. This is correcting HB 4583 so that those agencies will be in existence when the federal stimulus dollars are received by the comptroller's office, rather than send the money back, Sylvester.
S. TURNER: No, I understand.
PITTS: You know, there's money TxDOT is going to receive; there's money other agencies are going to receive, and if they're not there, how can you send––you know, Yvonne's big agency that she likes is the State Affordable Housing Cooperation.
S. TURNER: I understand that, and, Representative Pitts, let me just say this, there's some good things that we all like, and I may even like it. Okay? There are some good things, but it does not mean that we violate the rules to get there, and it certainly does not mean that what we cannot pass in the form of a bill, that we come through and try to circumvent the rules in the form of a resolution. I don't think that's the way to do it. I believe—and you can tell me if I am wrong—had the safety bill passed last night, this resolution would not be before us. And I interpret this resolution as an attempt—a blatant, a blatant and an intentional attempt—to circumvent the rules. We are using a resolution to do what can only be done by the passage of a bill itself. That's my belief. If you disagree with that—
PITTS: Thank you, Sylvester, for your belief.
S. TURNER: Do you disagree with it?
PITTS: I told you that we need to tell the comptroller that these agencies are in existence when she receives the money, and that's what the purpose––
6950 81st LEGISLATURE — REGULAR SESSION
HCR 291 - POINT OF ORDER
Representative S. Turner raised a point of order against further consideration of HCR 291 under Rule 10, Section 8 of the House Rules on the grounds that the resolution changes the effective date of the bill.
The speaker overruled the point of order.
HCR 291 - REMARKS
REPRESENTATIVE Y. DAVIS: Mr. Speaker, members, let me just say that I understand the quandary that we find ourselves in with regard to HCR 291, but I would tell you that as a member of this body, one of the most important things we can do is try to salvage the integrity of the system and the process with the rules that we have decided that we're going to work under. I understand the notion that we need to make sure that these agencies are in business, and I think that that's someone else's responsibility, but our responsibility today, as members of this house, is to preserve the integrity of the house.
Last night, we saw a resolution that I said to Speaker Eiland: we need to be very careful when we can see privileged resolutions on the floor that would allow you to spend $150 million, and was that a precedent that we wanted to set. He agreed it was not and this was unusual. Today, we are here before the house chamber trying to pass an HCR that we know—no matter how the chair rules and how the parliamentarian interprets it—we all know that this HCR has the intent of changing statute. While we have suspended the rules for all these various resolutions, it would be a shame that on the last day, we would abort all of the rules of this chamber for an immediate means to deal with something that we failed to do during the session. We ought to at least care about the integrity of the process enough to say we need to do it differently, and when we start letting HCRs change statute, there's no point in us saying our statute has any standing. There is no basis for us to do this this way, and I would tell you that we need to be clear that is where we are moving. We saw it start last night, and it's evolved now into changing the law that we know is not a technical correction. We ought to be insulted that they would call this a technical correction. When Chairman Pitts and I talked about his bill last night, he never said he needed to have the reauthorization of any agencies. He said he needed that because the comptroller was going to put a dedicated fund for those funds to be allocated to the various agencies. So, this is never part of some need that he just realized he needed. This is just a blatant attempt to fix a problem that they're too ashamed to ask the members to vote on. Vote to give him the authority to do it correctly, and suspend the rules and do it correctly. We're going to do something that's as crazy as pass an HCR to change statute.
Members, if you want to be a part of this body doing that, you will have an opportunity to vote on it, but I will tell you next session and sessions to come, we will be seeing this and reviewing this precedent where we are allowing resolutions to change statute, and I think it's a serious mistake. I ask you to really consider what you're doing to this chamber and the message we're sending to children and to the folks of the State of Texas about what rules really mean. Additionally—I want to just say one thing else—when you go back home,
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6951
REPRESENTATIVE DUKES: Madame Chair, your concern with the measure that's before us today and the changes—that's not to do with the merit of what the original bill was?
Y. DAVIS: That's correct.
DUKES: It has to do with the process and procedure of parliamentary methods that are used in the house. Is that correct?
Y. DAVIS: That's correct.
DUKES: By the rules, the rules that we debated vociferously at the beginning of this session, rules that were questioned for the past three sessions on whether or not there were even-handed application of rules in this house. This is a rule that clearly states in the rule book that statute cannot be written through resolution, for which you have a concern. Is that correct?
Y. DAVIS: That's correct. It's ironic that we're here to make laws for people to abide by, and we won't even stand by our own rules.
DUKES: Well, is it also your concern that by sustaining points of order and establishing parliamentary rulings that are clearly against what are in our rule books, and what the courts have stated and the constitution, that it establishes a precedent that can be one that would come back to haunt us at other occasions?
Y. DAVIS: There's no question that this is going to do more harm to this chamber than anything else.
DUKES: Because this is allowing for statutory, major changes to be done through resolution that should have been done through law. When we have a house resolution day, where sometimes we have 100, 200 resolutions, any one of those resolutions—that few of these members read—could statutorily change a measure that is paramount to many people because of this ruling today—overruling what's in our rules.
Y. DAVIS: That's why HCRs that have been—they've said to us this session—any HCR that had a substantiative measure had to go through substantiative committee, and in fact, that was to prevent anything that had the appearance of changing or making law, in an HCR, to have impact greater than a statute, without it being vetted as a statute would have been vetted. So, in fact, you're absolutely right.
DUKES: Thank you, Madame Chair, for standing up for the rules.
S. TURNER: Members, in the rule book, and I can only go by what's in here, it says that a concurrent resolution cannot postpone the effective date of law. Further down, it says that a resolution cannot authorize acts in violation of existing statute. That's what the book says, and that's the only thing we have to go by. The only reason I stand here, and then I'm going to my seat, in the last session—can't help but bring it up—I stood up here, speaker pro tempore, and
6952 81st LEGISLATURE — REGULAR SESSION
REPRESENTATIVE HARTNETT: Sylvester, I'm looking at the Texas House Practice by Hugh Brady, and it states in here, "The rules do not allow resolutions to change the substance of bills. To allow otherwise would set a dangerous precedent because there would be no way of drawing a line as to what could and could not be changed by a corrected resolution. If such practice were allowed, an act that passed both houses under the constitutional procedure could be set aside or changed in whole or in part." Is that comport with what you're saying?
S. TURNER: Exactly. Lastly, for the integrity of the house, whether the voices are loud and emotional, or whether the voices are quiet and calming, whether the speaker is strong and authoritarian, or whether the speaker is mild and nice, when you violate the rules, the bite is always the same.
REMARKS ORDERED PRINTED
Representative Hodge moved to print remarks regarding HCRi291.
The motion prevailed.
HCR 291 was adopted by (Record 1738): 111 Yeas, 29 Nays, 1 Present, not voting.
Yeas — Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Driver; Dunnam; Eiland; Eissler; England; Farabee; Farias; Farrar; Flynn; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hancock; Hardcastle; Heflin; Hernandez; Hilderbran; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Jackson; Jones; Keffer; King, S.; King, T.; Kolkhorst; Laubenberg;
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6953
Nays — Davis, Y.; Deshotel; Dukes; Dutton; Elkins; Fletcher; Flores; Giddings; Hamilton; Harless; Hartnett; Herrero; Hochberg; Hodge; Isett; Kent; King, P.; Legler; Leibowitz; Madden; Mallory Caraway; McClendon; Olivo; Paxton; Riddle; Thompson; Turner, S.; Veasey; Weber.
Present, not voting — Mr. Speaker(C).
Absent — Allen; Chisum; Edwards; Harper-Brown; Kleinschmidt; Kuempel; Miller, S.; Morrison; Vaught.
STATEMENTS OF VOTE
I was shown voting yes on Record No. 1738. I intended to vote no.
Gattis
When Record No. 1738 was taken, I was in the house but away from my desk. I would have voted present, not voting.
Harper-Brown
I was shown voting no on Record No. 1738. I intended to vote yes.
Kent
When Record No. 1738 was taken, I was in the house but away from my desk. I would have voted present, not voting.
Kleinschmidt
When Record No. 1738 was taken, I was in the house but away from my desk. I would have voted present, not voting.
Morrison
SCR 59 - ADOPTED
(Taylor - House Sponsor)
Representative Taylor moved to suspend all necessary rules to take up and consider at this time SCRi59.
The motion prevailed.
The following resolution was laid before the house:
SCR 59, Granting MBP Corporation permission to sue the Board of Trustees of the Galveston Wharves.
SCR 59 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE LEWIS: Larry, it's my understanding that the committee members were furnished a letter from MBP Corporation, and it's that corporation's intent—just to clear up any question in the resolution—that this
6954 81st LEGISLATURE — REGULAR SESSION
REPRESENTATIVE TAYLOR: Yes, sir.
LEWIS: So, it's not for future matters or future lease deals. It's for the dispute they have going right now?
TAYLOR: It has no unintended consequences down the road.
REMARKS ORDERED PRINTED
Representative Lewis moved to print remarks between Representative Taylor and Representative Lewis.
The motion prevailed.
SCR 59 was adopted by (Record 1739): 117 Yeas, 20 Nays, 4 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Creighton; Darby; Davis, J.; Deshotel; Dukes; Dunnam; Eissler; Elkins; England; Farabee; Farias; Fletcher; Flores; Frost; Gallego; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Harless; Harper-Brown; Heflin; Hernandez; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jones; Keffer; Kent; King, T.; Kolkhorst; Kuempel; Leibowitz; Lewis; Lucio; Maldonado; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Nays — Craddick; Crownover; Driver; Dutton; Flynn; Gattis; Hardcastle; Hartnett; Herrero; Hunter; Jackson; King, P.; Kleinschmidt; Laubenberg; Legler; Madden; Miller, D.; Ortiz; Sheffield; Turner, S.
Present, not voting — Mr. Speaker(C); Edwards; Eiland; Pierson.
Absent — Bonnen; Corte; Davis, Y.; Farrar; Hilderbran; Hodge; King, S.; Mallory Caraway; Vaught.
SCR 72 - ADOPTED
(Hughes - House Sponsor)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time SCRi72.
The motion prevailed.
The following resolution was laid before the house:
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6955
SCR 72, Granting Gulf Energy Exploration Corporation permission to sue the Railroad Commission of Texas.
SCR 72 was adopted by (Record 1740): 99 Yeas, 43 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Berman; Bohac; Bolton; Branch; Burnam; Castro; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Creighton; Darby; Davis, J.; Deshotel; Driver; Dunnam; Edwards; England; Farabee; Farias; Farrar; Fletcher; Frost; Gallego; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Harper-Brown; Heflin; Hernandez; Herrero; Hochberg; Homer; Hopson; Howard, D.; Hughes; Jones; Keffer; Kent; King, T.; Kuempel; Leibowitz; Lewis; Lucio; Madden; Maldonado; Marquez; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miklos; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Zerwas.
Nays — Anderson; Aycock; Bonnen; Brown, B.; Brown, F.; Button; Callegari; Craddick; Crownover; Davis, Y.; Dukes; Dutton; Eissler; Elkins; Flores; Flynn; Hancock; Hardcastle; Hartnett; Hodge; Howard, C.; Hunter; Isett; Jackson; King, P.; King, S.; Kleinschmidt; Kolkhorst; Legler; Mallory Caraway; McClendon; Miller, D.; Miller, S.; Moody; Morrison; Riddle; Rose; Sheffield; Shelton; Smith, T.; Thompson; Truitt; Woolley.
Present, not voting — Mr. Speaker(C).
Absent — Chavez; Corte; Eiland; Geren; Harless; Hilderbran; Laubenberg.
STATEMENTS OF VOTE
When Record No. 1740 was taken, I was in the house but away from my desk. I would have voted yes.
Chavez
I was shown voting no on Record No. 1740. I intended to vote yes.
Craddick
HCR 290 - ADOPTED
(by Hochberg)
The following privileged resolution was laid before the house:
HCR 290
WHEREAS, HB 3646 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and
WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following corrections:
(1)iiOn page 6, line 13, strike "(d-2)" and substitute "(d-3)".
(2)iiOn page 6, line 13, strike "(d-1)" and substitute "(d-2)".
(3)iiOn page 42, line 21, strike "may be used that that purpose" and substitute "may be used for that purpose".
6956 81st LEGISLATURE — REGULAR SESSION
(4)iiOn page 70, line 21, between "26.05(g)" and the period, insert ", Tax Code".
(5)iiOn page 108, between lines 25 and 26, add the following appropriately numbered SECTION and renumber subsequent SECTIONS in the bill accordingly:
SECTIONi____.iiSection 21.402(c-1), Education Code, as added by this Act, is not intended to require an increase in the second year of the biennium beginning September 1, 2009.
(6)iiOn page 109, line 16, strike "Sections" and substitute "Section".
HCR 290 was adopted by (Record 1741): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Corte; Hilderbran; Miller, S.; Turner, C.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).
COMMITTEES APPOINTED
The speaker announced the appointment of the following committee to notify the senate that the house has completed its labors and is ready to adjourn sine die: Darby, chair; Lewis, England, F. Brown, and Alonzo.
The speaker announced the appointment of the following committee to notify the governor that the house has completed its labors and is ready to adjourn sine die: Otto, chair; Hunter, Gallego, Hamilton, and Veasey.
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6957
HCR 293 - ADOPTED
(by Kolkhorst)
The following privileged resolution was laid before the house:
HCR 293
WHEREAS, HB 2730 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and
WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following correction:
(1)iiStrike SECTION 6.15 of the bill (conference committee report, page 138, line 24, through page 139, line 2).
(2)iiIn SECTION 11.03 of the bill, strike amended Section 411.172(a), Government Code (conference committee report, page 166, line 15, through page 168, line 2), and substitute the following:
(a)iiA person is eligible for a license to carry a concealed handgun if the person:
(1)iiis a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2)iiis at least 21 years of age;
(3)iihas not been convicted of a felony;
(4)iiis not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(5)iiis not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
(6)iiis not a chemically dependent person;
(7)iiis not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
(8)iihas not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
(9)iiis fully qualified under applicable federal and state law to purchase a handgun;
(10)iihas not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
(11)iihas not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
(12)ii[has not been finally determined to be in default on a loan made
under Chapter 57, Education Code;
6958 81st LEGISLATURE — REGULAR SESSION
[(13)]iiis not currently restricted under a court protective order or
subject to a restraining order affecting the spousal relationship, other than a
restraining order solely affecting property interests;
(13)i[(14)]iihas not, in the 10 years preceding the date of application,
been adjudicated as having engaged in delinquent conduct violating a penal law
of the grade of felony; and
(14)i[(15)]iihas not made any material misrepresentation, or failed to
disclose any material fact, in an application submitted pursuant to Section
411.174 [or in a request for application submitted pursuant to Section 411.175].
HCR 293 was adopted by (Record 1742): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Veasey; Villarreal; Vo; Walle; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Davis, J.; Flores; Hancock; Mallory Caraway; Pierson; Vaught; Weber.
STATEMENT OF VOTE
When Record No. 1742 was taken, I was in the house but away from my desk. I would have voted yes.
Pierson
HR 3107 - ADOPTED
(by Farrar, Rios Ybarra, Anchia, Hodge, and Harless)
Representative Farrar moved to suspend all necessary rules to take up and consider at this time HRi3107.
The motion prevailed.
The following resolution was laid before the house:
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6959
HR 3107, Recognizing Nicolas Miguel Ramon Gallego as an "unofficial" mascot of the Texas House of Representatives.
HR 3107 was read and was adopted.
On motion of Representative Naishtat, the names of all the members of the house were added to HRi3107 as signers thereof.
INTRODUCTION OF GUEST
The speaker recognized Representative Farrar who introduced Nicolas Gallego, son of Representative Gallego.
HR 2931 - ADOPTED
(by Moody)
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HRi2931.
The motion prevailed.
The following resolution was laid before the house:
HR 2931, In memory of the Honorable Stephen Franklin Preslar of El Paso.
HR 2931 was unanimously adopted by a rising vote.
RESOLUTIONS ADOPTED
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HR 2944, HR 2962, HR 3052, and HR 3139 - HR 3144.
The motion prevailed.
The following resolutions were laid before the house:
HR 2944 (by Geren), Honoring the staff of the House Research Organization.
HR 2962 (by Geren), Honoring House Parliamentarian Denise Davis and her staff for their exemplary service during the 81st legislative session.
HR 3052 (by Geren), Honoring Capitol nurse practitioner Tim Flynn for his service to the legislative community during the Regular Session of the 81st Texas Legislature.
HR 3139 (by T. King), Recognizing the Texas Vietnam Veterans Memorial Highway Motorcycle Run.
HR 3140 (by Woolley), Congratulating Shelby Mika Callaway on her graduation from Houston Christian High School.
HR 3141 (by Alonzo), Honoring Mariela Cervantes on her graduation as valedictorian of Kimball High School in Dallas.
HR 3142 (by Alonzo), Honoring Mi'Eisha Edwards-Nash on her graduation as salutatorian of Kimball High School in Dallas.
6960 81st LEGISLATURE — REGULAR SESSION
HR 3143 (by Herrero), Honoring the Destination ImagiNation Team from Baker Middle School in Corpus Christi for placing third in the Global Finals competition.
HR 3144 (by Quintanilla), Honoring the baseball team from Socorro High School in El Paso for its success during the 2009 season.
The resolutions were adopted.
NAMES ADDED
On motion of Representative Gallego, the names of all the members of the house were added to HRi2707 - HR 2709 as signers thereof.
HR 3140 - NAMES ADDED
On motion of Representative Riddle, the names of all the members of the house were added to HRi3140 as signers thereof.
HR 2962 - PREVIOUSLY ADOPTED
(by Geren)
The chair laid out and had read the following previously adopted resolution:
HR 2962,iHonoring House Parliamentarian Denise Davis and her staff for their exemplary service during the 81st legislative session.
ADDRESS BY REPRESENTATIVE ISETT
ON A MATTER OF PERSONAL PRIVILEGE
The chair recognized Representative Isett who addressed the house on a matter of personal privilege.
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. 3).
SCR 73 - ADOPTED
(Swinford - House Sponsor)
Representative Swinford moved to suspend all necessary rules to take up and consider at this time SCRi73.
The motion prevailed.
The following resolution was laid before the house:
SCR 73, Memorializing the U.S. Congress to maintain the Federal Family Education Loan Program.
SCR 73 was adopted by (Record 1743): 140 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias;
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6961
Nays — Villarreal.
Present, not voting — Mr. Speaker(C).
Absent — Branch; Edwards; Hamilton; Hodge; Jackson; McClendon; McReynolds; Pitts.
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. 50).
HR 3145 - ADOPTED
(by Hartnett)
Representative Hartnett moved to suspend all necessary rules to take up and consider at this time HRi3145.
The motion prevailed.
The following resolution was laid before the house:
HR 3145, Honoring Kathleen R. Garrett for her service as district director for State Representative Will Hartnett.
HR 3145 was adopted.
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. 4).
SCR 86 - ADOPTED
(Ritter - House Sponsor)
The following privileged resolution was laid before the house:
SCR 86, Instructing the enrolling clerk of the senate to make corrections in SBi1492.
SCR 86 was adopted by (Record 1744): 142 Yeas, 0 Nays, 1 Present, not voting.
6962 81st LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Branch; Christian; Farias; Hilderbran; Hodge; Kuempel; Raymond.
SCR 81 - ADOPTED
(Hughes - House Sponsor)
The following privileged resolution was laid before the house:
SCR 81, Instructing the enrolling clerk of the senate to make corrections in SBi726.
SCR 81 was adopted by (Record 1745): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose;
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6963
Present, not voting — Mr. Speaker(C).
Absent — Branch; Chisum; Corte; Hodge; Mallory Caraway; Vaught.
SCR 82 - ADOPTED
(Alvarado - House Sponsor)
The following privileged resolution was laid before the house:
SCR 82, Instructing the enrolling clerk of the house to make corrections in HBi4445.
SCR 82 was adopted by (Record 1746): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Branch; Corte; Eiland; Flynn; Hamilton; Hodge; Jackson; Mallory Caraway; Peña.
SCR 84 - ADOPTED
(Otto - House Sponsor)
The following privileged resolution was laid before the house:
SCR 84, Instructing the enrolling clerk of the senate to make corrections in SBi771.
SCR 84 was adopted by (Record 1747): 141 Yeas, 0 Nays, 1 Present, not voting.
6964 81st LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Branch; Eiland; Hamilton; Hodge; King, P.; King, S.; Mallory Caraway; Moody.
STATEMENT OF VOTE
When Record No. 1747 was taken, my vote failed to register. I would have voted yes.
S. King
SCR 85 - ADOPTED
(Otto - House Sponsor)
The following privileged resolution was laid before the house:
SCR 85, Instructing the enrolling clerk of the senate to make corrections in SBi2064.
SCR 85 was adopted by (Record 1748): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Fletcher; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Marquez; Martinez; Martinez Fischer;
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6965
Present, not voting — Mr. Speaker(C).
Absent — Branch; Callegari; Eiland; Farrar; Flores; Hamilton; Hodge; Mallory Caraway; McClendon; Moody.
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. 5).
PROVIDING FOR ADJOURNMENT SINE DIE
Representative Geren moved that, at the conclusion of the receiving of messages from the senate and the signing of bills and resolutions, the house stand adjourned sine die in honor of Representative Kuempel.
The motion prevailed.
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. 6).
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. 51).
(C. Howard in the chair)
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 Nos. 48 and 49).
(Strama in the chair)
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. 52).
ADJOURNMENT SINE DIE
In accordance with a previous motion, Representative Strama, at 12imidnight, pronounced the House of Representatives of the Regular Session of the Eighty-First Legislature adjourned sine die.
6966 81st LEGISLATURE — REGULAR SESSION
AAAAAADDENDUMAAAAA
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 49
HBi1801, HBi2030, HBi2196, HBi2328, HBi2626, HBi2917, HCRi181, HCRi252, HCRi258
House List No. 50
HBi51, HBi72, HBi103, HBi148, HBi216, HBi269, HBi432, HBi451, HBi469, HBi498, HBi537, HBi548, HBi666, HBi764, HBi770, HBi882, HBi963, HBi987, HBi1030, HBi1041, HBi1218, HBi1343, HBi1357, HBi1506, HBi1659, HBi1722, HBi1795, HBi1914, HBi1924, HBi2000, HBi2012, HBi2086, HBi2153, HBi2163, HBi2169, HBi2240, HBi2275, HBi2310, HBi2330, HBi2347, HBi2555, HBi2571, HBi2582, HBi2591, HBi2644, HBi2647, HBi2649, HBi2833, HBi2888, HBi2919, HBi3065, HBi3076, HBi3218, HBi3221, HBi3309, HBi3347, HBi3389, HBi3452, HBi3461, HBi3612, HBi3632, HBi3637, HBi3676, HBi3737, HBi3751, HBi3768, HBi3864, HBi3872, HBi3983, HBi4009, HBi4102, HBi4275, HBi4424, HBi4498, HBi4817, HBi4833, HJRi127
House List No. 51
HBi3, HBi171, HBi1322, HBi1796, HBi1831, HBi1935, HBi2003, HBi2093, HBi2374, HBi2488, HBi2521, HBi2531, HBi2553, HBi2559, HBi2682, HBi2730, HBi2774, HBi2854, HBi3224, HBi3479, HBi3485, HBi3613, HBi3621, HBi3646, HBi3653, HBi3689, HBi4244, HBi4409, HBi4445, HBi4583, HBi4586, HCRi77, HCRi78, HCRi164, HCRi183, HCRi185, HCRi186, HCRi216, HCRi217, HCRi218, HCRi222, HCRi223, HCRi224, HCRi229, HCRi231, HCRi232, HCRi239, HCRi244, HCRi245, HCRi246, HCRi247, HCRi248, HCRi249, HCRi250, HCRi261, HCRi262, HCRi264, HCRi265, HCRi266, HCRi268, HCRi272, HCRi273, HCRi275, HCRi276, HCRi277, HCRi278, HCRi280, HCRi281, HCRi282, HCRi283, HCRi284, HCRi285, HCRi286, HCRi287, HCRi290, HCRi292, HCRi293, HJRi14
House List No. 52
HBi635, HBi715
Senate List No. 47
SBi39, SBi68, SBi129, SBi174, SBi184, SBi203, SBi223, SBi229, SBi271, SBi279, SBi282, SBi283, SBi343, SBi420, SBi451, SBi476, SBi531, SBi532, SBi575, SBi589, SBi627, SBi643, SBi654, SBi660, SBi666, SBi702, SBi703, SBi705, SBi743, SBi768, SBi806, SBi833, SBi839, SBi860, SBi865, SBi866,
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6967
Senate List No. 48
SBi44, SBi52, SBi58, SBi93, SBi175, SBi194, SBi292, SBi300, SBi328, SBi333, SBi361, SBi434, SBi482, SBi488, SBi497, SBi562, SBi679, SBi683, SBi704, SBi727, SBi870, SBi939, SBi956, SBi958, SBi978, SBi1003, SBi1009, SBi1143, SBi1145, SBi1152, SBi1182, SBi1199, SBi1206, SBi1247, SBi1273, SBi1304, SBi1317, SBi1343, SBi1369, SBi1440, SBi1458, SBi1557, SBi1616, SBi1629, SBi1693, SBi1735, SBi1757, SBi1764, SBi1844, SBi1896, SBi2033, SBi2047, SBi2253, SBi2274, SBi2298, SBi2306, SBi2324, SBi2423, SBi2453, SBi2468, SBi2513, SBi2543, SCRi38, SCRi77, SCRi79
Senate List No. 49
SBi78, SBi297, SBi379, SBi408, SBi537, SBi636, SBi686, SBi726, SBi759, SBi771, SBi968, SBi1011, SBi1068, SBi1219, SBi1263, SBi1449, SBi1492, SBi1495, SBi1620, SBi1645, SBi1655, SBi1742, SBi1759, SBi1970, SBi2064, SBi2080, SBi2314, SBi2442, SCRi59, SCRi67, SCRi72, SCRi73, SCRi81, SCRi82, SCRi84, SCRi85, SCRi86
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
Monday, June 1, 2009
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 ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 1959 | (19 Yeas, 12 Nays) |
| HJR 14 | (31 Yeas, 0 Nays) |
| SB 2080 | (30 Yeas, 1 Nay) |
6968 81st LEGISLATURE — REGULAR SESSION
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, June 1, 2009 - 2
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
| HCR 185 | Merritt | SPONSOR: Eltife |
In memory of Cory James Galloway of Tyler.
| HCR 186 | Merritt | SPONSOR: Eltife |
In memory of Kyle W. Perkins of Kilgore.
| HCR 216 | Homer | SPONSOR: Eltife |
In memory of Leo Edward Polowy, Jr., of Paris, Texas.
| HCR 217 | Homer | SPONSOR: Eltife |
In memory of Meredith G. Harper of Pattonville.
| HCR 218 | Homer | SPONSOR: Eltife |
In memory of Hazel Keith Schmitter of Cooper.
| HCR 223 | Homer | SPONSOR: Eltife |
In memory of Frank Weaver of Paris, Texas.
| HCR 224 | Homer | SPONSOR: Deuell |
In memory of Fredrick Michael Ford of Sulphur Springs.
| HCR 229 | Homer | SPONSOR: Deuell |
Honoring the memory of Clayton Bradley Rogers of Canton.
| HCR 231 | Homer | SPONSOR: Deuell |
Honoring the Texas Land Title Association for its continued support of the Texas Courthouse Stewardship Program.
| HCR 232 | Homer | SPONSOR: Deuell |
In memory of Dustin Dow Clements of North Hopkins.
| HCR 239 | Homer | SPONSOR: Eltife |
In memory of Ruth Evelyn Burd of Paris, Texas.
| HCR 244 | Homer | SPONSOR: Eltife |
In memory of William Richard McCord of Sumner.
| HCR 245 | Homer | SPONSOR: Eltife |
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6969
Honoring the life of Shawn A. Edwards of Roxton.
| HCR 247 | Homer | SPONSOR: Eltife |
In memory of Charles R. Grimes of Paris, Texas.
| HCR 248 | Homer | SPONSOR: Eltife |
In memory of Mamie Bell Newsom of Paris, Texas.
| HCR 249 | Homer | SPONSOR: Eltife |
In memory of Clyde Donald Smith of Paris, Texas.
| HCR 261 | Homer | SPONSOR: Eltife |
In memory of Marguerite Stone Butler of Paris, Texas.
| HCR 262 | Homer | SPONSOR: Eltife |
In memory of Martha Sue Brunson of Paris, Texas.
| HCR 264 | Homer | SPONSOR: Eltife |
In memory of Natalie Rhea Skipworth of Paris, Texas.
| HCR 265 | Homer | SPONSOR: Eltife |
In memory of Willie Gray Sapp of Paris, Texas.
| HCR 266 | Homer | SPONSOR: Eltife |
In memory of Arlene Wilson Russell of Mount Pleasant.
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 171 | (30 Yeas, 1 Nay) |
| HB 1322 | (31 Yeas, 0 Nays) |
| HB 1796 | (31 Yeas, 0 Nays) |
| HB 1831 | (30 Yeas, 1 Nay) |
| HB 2003 | (31 Yeas, 0 Nays) |
| HB 2093 | (31 Yeas, 0 Nays) |
| HB 2521 | (31 Yeas, 0 Nays) |
| HB 2553 | (30 Yeas, 1 Nay) |
| HB 2682 | (31 Yeas, 0 Nays) |
| HB 2854 | (31 Yeas, 0 Nays) |
| HB 3224 | (31 Yeas, 0 Nays) |
| HB 3621 | (30 Yeas, 1 Nay) |
| HB 3646 | (31 Yeas, 0 Nays) |
| HB 4244 | (31 Yeas, 0 Nays) |
| SB 408 | (31 Yeas, 0 Nays) |
| SB 1742 | (31 Yeas, 0 Nays) |
| SB 2442 | (31 Yeas, 0 Nays) |
Respectfully,
Patsy Spaw
Secretary of the Senate
6970 81st LEGISLATURE — REGULAR SESSION
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, June 1, 2009 - 3
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 283 | Eissler | SPONSOR: Shapiro |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 3.
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 635 | (31 Yeas, 0 Nays) |
| HB 715 | (27 Yeas, 4 Nays) |
| HB 1935 | (31 Yeas, 0 Nays) |
| SB 78 | (30 Yeas, 1 Nay) |
| SB 1970 | (30 Yeas, 1 Nay) |
| SB 2440 | (31 Yeas, 0 Nays) |
THE SENATE HAS DISCHARGED ITS CONFEREES AND CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
| SB 297 | (31 Yeas, 0 Nays) |
| SB 636 | (31 Yeas, 0 Nays) |
| SB 1620 | (31 Yeas, 0 Nays) |
| SB 2314 | (31 Yeas, 0 Nays) |
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 4
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, June 1, 2009 - 5
The Honorable Speaker of the House
House Chamber
Austin, Texas
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6971
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:
| SCR 81 | Eltife | SPONSOR: Hughes |
Instructing the enrolling clerk of the senate to make corrections in S.B. No. 726.
| SCR 82 | Gallegos | SPONSOR: Alvarado |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 4445.
| SCR 84 | Williams | SPONSOR: Otto |
Instructing the enrolling clerk of the senate to make corrections in S.B. No. 771.
| SCR 85 | West | SPONSOR: Otto |
Instructing the enrolling clerk of the senate to make corrections in S.B. No. 2064.
| SCR 86 | Williams | SPONSOR: Ritter |
Instructing the enrolling clerk of the senate to make corrections in S.B. No. 1492.
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 4409 | (31 Yeas, 0 Nays) |
| SB 1495 | (31 Yeas, 0 Nays) |
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 5
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, June 1, 2009 - 6
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 222 | Driver | SPONSOR: Whitmire |
Directing the Texas Facilities Commission to submit a proposal to the presiding officers of the Texas Legislature to name Building A at the DPS Headquarters Complex in Austin in honor of Thomas A. Davis, Jr., former director of the Texas Department of Public Safety.
THE SENATE HAS CONCURRED IN THE HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
6972 81st LEGISLATURE — REGULAR SESSION
| SB 1655 | (26 Yeas, 5 Nays) |
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 2531 | (31 Yeas, 0 Nays) |
THE SENATE HAS TAKEN THE FOLLOWING OTHER ACTION:
HB 3653
Corrected Conference Committee Report
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 6
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Monday, June 1, 2009 - 7
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 47 | Marquez | SPONSOR: Shapleigh |
Honoring Paul Cruz Moreno for his exemplary service to the State of Texas.
| HCR 77 | Merritt | SPONSOR: Eltife |
In memory of Rose Shipton Pickens Kirkpatrick of Longview.
| HCR 78 | Merritt | SPONSOR: Eltife |
Declaring March 2 and 3, 2009, as Kilgore Days at the State Capitol.
| HCR 164 | Homer | SPONSOR: Deuell |
Designating April 21, 2009, as Delta County Day at the State Capitol.
| HCR 183 | Farabee | SPONSOR: Uresti |
Urging Congress to reject provisions of President Barack Obama's budget that would eliminate certain deductions presently available to the oil and natural gas exploration industry.
| HCR 246 | Homer | SPONSOR: Duncan |
Honoring Kathryn Jay Hamilton of Lubbock for her outstanding career in education on the occasion of her retirement.
| HCR 250 | Martinez Fischer | SPONSOR: Van de Putte |
Recognizing the heroism of U.S. Marine Corporal Roy Cisneros of San Antonio.
| HCR 268 | Pitts | SPONSOR: Seliger |
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6973
Directing the Texas Facilities Commission to name a permanent facility at The University of Texas of the Permian Basin in honor of Buddy and Shirley West.
| HCR 272 | Homer | SPONSOR: Eltife |
In memory of Charlene Champion of Paris, Texas.
| HCR 273 | Homer | SPONSOR: Eltife |
In memory of David Charles Buster of Caviness.
| HCR 275 | Homer | SPONSOR: Eltife |
In memory of Albert A. "Tootie" Anderson of Roxton.
| HCR 276 | Homer | SPONSOR: Eltife |
In memory of LuLane Caraway of Paris, Texas.
| HCR 277 | Homer | SPONSOR: Eltife |
In memory of Helen Louise Whitney of Paris, Texas.
| HCR 278 | Homer | SPONSOR: Eltife |
In memory of Mary Ellen Border Tubbs McDowell.
| HCR 280 | Otto | SPONSOR: Williams |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 3613.
| HCR 281 | Homer | SPONSOR: Hegar |
In memory of Tye James Parrish.
| HCR 282 | Coleman |
Instructing the enrolling clerk of the house to make corrections in H.B. 3485.
| HCR 284 | Hochberg | SPONSOR: Ogden |
Instructing the enrolling clerk of the house to make corrections in H.B. 2488.
| HCR 285 | Corte | SPONSOR: Duncan |
Instructing the enrolling clerk of the house to make corrections in H.J.R. No. 14.
| HCR 286 | Corte | SPONSOR: Carona |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 1831.
| HCR 287 | Taylor | SPONSOR: Jackson, Mike |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 4409.
| HCR 290 | Hochberg | SPONSOR: Shapiro |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 3646.
| HCR 292 | Truitt | SPONSOR: Duncan |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 2559.
| HCR 293 | Kolkhorst | SPONSOR: Hinojosa |
Instructing the enrolling clerk of the house to make corrections in H.B. No. 2730.
| SCR 88 | Williams |
Instructing the enrolling clerk of the senate to make corrections in S.B. No. 1495.
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 2774 | (31 Yeas, 0 Nays) |
THE SENATE HAS TAKEN THE FOLLOWING OTHER ACTION:
SB 2080
6974 81st LEGISLATURE — REGULAR SESSION
Reconsidered Adoption of Conference Committee Report and Concurred
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
ENGROSSED
May 31 - HCRi220
ENROLLED
May 31 - HBi10, HBi55, HBi93, HBi130, HBi136, HBi192, HBi281, HBi339, HBi358, HBi383, HBi394, HBi461, HBi464, HBi518, HBi556, HBi671, HBi673, HBi677, HBi719, HBi746, HBi748, HBi829, HBi857, HBi986, HBi1012, HBi1013, HBi1043, HBi1138, HBi1151, HBi1174, HBi1259, HBi1285, HBi1290, HBi1309, HBi1462, HBi1544, HBi1720, HBi1770, HBi1787, HBi1819, HBi1822, HBi2013, HBi2113, HBi2127, HBi2154, HBi2161, HBi2212, HBi2256, HBi2344, HBi2346, HBi2360, HBi2425, HBi2450, HBi2462, HBi2504, HBi2515, HBi2524, HBi2525, HBi2559, HBi2570, HBi2609, HBi2619, HBi2654, HBi2656, HBi2668, HBi2685, HBi2779, HBi2805, HBi2808, HBi2845, HBi2859, HBi2914, HBi2932, HBi2941, HBi2954, HBi3009, HBi3041, HBi3072, HBi3073, HBi3082, HBi3094, HBi3095, HBi3114, HBi3144, HBi3186, HBi3201, HBi3202, HBi3216, HBi3228, HBi3433, HBi3445, HBi3480, HBi3481, HBi3502, HBi3594, HBi3628, HBi3635, HBi3669, HBi3717, HBi3762, HBi3785, HBi3851, HBi3859, HBi3896, HBi4031, HBi4060, HBi4152, HBi4189, HBi4290, HBi4294, HBi4300, HBi4311, HBi4338, HBi4433, HBi4435, HBi4451, HBi4456, HBi4461, HBi4545, HBi4642, HBi4715, HBi4720, HBi4722, HBi4727, HBi4728, HBi4730, HBi4755, HBi4759, HBi4765, HBi4767, HBi4778, HBi4789, HBi4799, HBi4825, HBi4827, HBi4828, HCRi233, HCRi234, HCRi235, HCRi236, HCRi240, HCRi241, HCRi242, HCRi253, HCRi259, HJRi7, HJRi36, HBi51
June 1 - HBi72, HBi103, HBi148, HBi216, HBi269, HBi432, HBi451, HBi469, HBi498, HBi537, HBi548, HBi666, HBi764, HBi770, HBi882, HBi963, HBi987, HBi1030, HBi1041, HBi1218, HBi1343, HBi1357, HBi1506, HBi1659, HBi1722, HBi1795, HBi1801, HBi1914, HBi1924, HBi2000, HBi2012, HBi2030, HBi2086, HBi2153, HBi2163, HBi2169, HBi2196, HBi2240, HBi2275, HBi2310, HBi2328, HBi2330, HBi2347, HBi2555, HBi2571, HBi2582, HBi2591, HBi2626, HBi2644, HBi2647, HBi2649, HBi2833, HBi2888, HBi2917, HBi2919, HBi3065, HBi3076, HBi3218, HBi3221, HBi3309, HBi3347, HBi3389, HBi3452, HBi3461, HBi3612, HBi3632, HBi3637, HBi3676, HBi3737, HBi3751, HBi3768, HBi3864,
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6975
June 2 - HBi171, HBi1322, HBi1796, HBi1831, HBi1935, HBi2003, HBi2093, HBi2374, HBi2488, HBi2521, HBi2531, HBi2553, HBi2559, HBi2682, HBi2730, HBi2774, HBi2854, HBi3224, HBi3479, HBi3485, HBi3613, HBi3621, HBi3646, HBi3653, HBi3689, HBi4244, HBi4409, HBi4445, HBi4586, HCRi77, HCRi78, HCRi164, HCRi183, HCRi185, HCRi186, HCRi216, HCRi217, HCRi218, HCRi222, HCRi223, HCRi224, HCRi229, HCRi231, HCRi232, HCRi239, HCRi244, HCRi245, HCRi246, HCRi247, HCRi248, HCRi249, HCRi250, HCRi261, HCRi262, HCRi264, HCRi265, HCRi266, HCRi268, HCRi272, HCRi273, HCRi275, HCRi276, HCRi277, HCRi278, HCRi280, HCRi281, HCRi282, HCRi283, HCRi284, HCRi285, HCRi286, HCRi287, HCRi290, HCRi292, HCRi293, HJRi14, HBi635
June 3 - HBi715
SENT TO THE GOVERNOR
May 31 - HBi118, HBi144, HBi176, HBi221, HBi233, HBi400, HBi434, HBi534, HBi585, HBi610, HBi646, HBi732, HBi765, HBi780, HBi781, HBi796, HBi821, HBi874, HBi878, HBi960, HBi965, HBi1003, HBi1056, HBi1063, HBi1083, HBi1145, HBi1146, HBi1177, HBi1193, HBi1230, HBi1233, HBi1256, HBi1265, HBi1286, HBi1295, HBi1321, HBi1360, HBi1372, HBi1448, HBi1457, HBi1460, HBi1461, HBi1470, HBi1473, HBi1474, HBi1518, HBi1551, HBi1600, HBi1686, HBi1688, HBi1691, HBi1730, HBi1739, HBi1750, HBi1757, HBi1783, HBi1843, HBi1850, HBi1884, HBi1925, HBi1960, HBi1972, HBi1973, HBi1995, HBi2002, HBi2022, HBi2031, HBi2035, HBi2052, HBi2082, HBi2102, HBi2168, HBi2228, HBi2232, HBi2236, HBi2237, HBi2242, HBi2276, HBi2385, HBi2435, HBi2449, HBi2456, HBi2465, HBi2502, HBi2846, HBi2847, HBi2916, HBi3001, HBi3003, HBi3069, HBi3070, HBi3075, HBi3080, HBi3098, HBi3112, HBi3128, HBi3136, HBi3140, HBi3147, HBi3206, HBi3316, HBi3450, HBi3464, HBi3468, HBi3496, HBi3593, HBi3597, HBi3599, HBi3601, HBi3602, HBi3623, HBi3638, HBi3649, HBi3666, HBi3671, HBi3767, HBi3802, HBi3829, HBi3844, HBi3857, HBi3918, HBi3945, HBi4002, HBi4136, HBi4257, HBi4281, HBi4343, HBi4353, HBi4359, HBi4360, HBi4376, HBi4402, HBi4685, HBi4698, HBi4710, HBi4712, HBi4713, HBi4719, HBi4790, HBi4793, HBi4798, HBi58
June 1 - HBi200, HBi319, HBi694, HBi773, HBi871, HBi1038, HBi1187, HBi1275, HBi1310, HBi1325, HBi1423, HBi1517, HBi1614, HBi1633, HBi1665, HBi1711, HBi1799, HBi1841, HBi1888, HBi1937, HBi1945, HBi1946, HBi2291, HBi2307, HBi2348, HBi2368, HBi2438, HBi2556, HBi2642, HBi2703, HBi2708, HBi2751, HBi2925, HBi2961, HBi3089, HBi3113, HBi3226, HBi3330, HBi3352, HBi3353, HBi3417, HBi3438, HBi3547, HBi3654, HBi3854, HBi3861, HBi3866, HBi4412, HBi4471,
6976 81st LEGISLATURE — REGULAR SESSION
June 3 - HBi10, HBi51, HBi55, HBi72, HBi93, HBi103, HBi130, HBi136, HBi148, HBi171, HBi192, HBi216, HBi269, HBi281, HBi339, HBi358, HBi383, HBi394, HBi432, HBi451, HBi461, HBi464, HBi469, HBi498, HBi518, HBi537, HBi548, HBi556, HBi666, HBi671, HBi673, HBi677, HBi719, HBi746, HBi748, HBi764, HBi770, HBi829, HBi857, HBi882, HBi963, HBi986, HBi987, HBi1012, HBi1013, HBi1043, HBi1138, HBi1151, HBi1174, HBi1218, HBi1259, HBi1285, HBi1290, HBi1309, HBi1322, HBi1343, HBi1357, HBi1462, HBi1506, HBi1544, HBi1659, HBi1720, HBi1722, HBi1770, HBi1787, HBi1795, HBi1796, HBi1801, HBi1819, HBi1822, HBi1831, HBi1914, HBi1924, HBi1935, HBi2000, HBi2003, HBi2012, HBi2013, HBi2030, HBi2086, HBi2093, HBi2113, HBi2127, HBi2153, HBi2154, HBi2161, HBi2163, HBi2169, HBi2196, HBi2212, HBi2240, HBi2256, HBi2275, HBi2310, HBi2328, HBi2330, HBi2344, HBi2346, HBi2347, HBi2360, HBi2374, HBi2425, HBi2450, HBi2462, HBi2488, HBi2504, HBi2515, HBi2521, HBi2524, HBi2525, HBi2531, HBi2553, HBi2555, HBi2559, HBi2570, HBi2571, HBi2582, HBi2591, HBi2609, HBi2619, HBi2626, HBi2644, HBi2647, HBi2649, HBi2654, HBi2656, HBi2668, HBi2682, HBi2685, HBi2729, HBi2730, HBi2774, HBi2779, HBi2805, HBi2808, HBi2833, HBi2845, HBi2854, HBi2859, HBi2888, HBi2914, HBi2917, HBi2919, HBi2932, HBi2941, HBi2954, HBi3009, HBi3041, HBi3065, HBi3072, HBi3073, HBi3076, HBi3082, HBi3094, HBi3095, HBi3114, HBi3144, HBi3186, HBi3201, HBi3202, HBi3216, HBi3218, HBi3221, HBi3224, HBi3228, HBi3309, HBi3347, HBi3389, HBi3433, HBi3445, HBi3452, HBi3461, HBi3479, HBi3480, HBi3481, HBi3502, HBi3594, HBi3612, HBi3613, HBi3621, HBi3628, HBi3632, HBi3635, HBi3637, HBi3646, HBi3653, HBi3669, HBi3676, HBi3689, HBi3717, HBi3737, HBi3751, HBi3762, HBi3768, HBi3785, HBi3851, HBi3859, HBi3864, HBi3872, HBi3896, HBi3983, HBi4009, HBi4031, HBi4060, HBi4102, HBi4152, HBi4189, HBi4244, HBi4275, HBi4290, HBi4294, HBi4300, HBi4311, HBi4338, HBi4409, HBi4424, HBi4433, HBi4435, HBi4445, HBi4451, HBi4456, HBi4461, HBi4498, HBi4545, HBi4583, HBi4642, HBi4715, HBi4720, HBi4722, HBi4727, HBi4728, HBi4730, HBi4755, HBi4759, HBi4765, HBi4767, HBi4778, HBi4789, HBi4799, HBi4817, HBi4825, HBi4827, HBi4828, HBi4833, HCRi77, HCRi78, HCRi164, HCRi181, HCRi183, HCRi185, HCRi186, HCRi216, HCRi217, HCRi218, HCRi222, HCRi223, HCRi224, HCRi229, HCRi231, HCRi232, HCRi233, HCRi234, HCRi235, HCRi236, HCRi239, HCRi240, HCRi241, HCRi242, HCRi244, HCRi245, HCRi246, HCRi247, HCRi248, HCRi249, HCRi250, HCRi252, HCRi253, HCRi258, HCRi259, HCRi261, HCRi262, HCRi264, HCRi265, HCRi266, HCRi268, HCRi272, HCRi273, HCRi275, HCRi276, HCRi277, HCRi278, HCRi280, HCRi281, HCRi282, HCRi283, HCRi284, HCRi285, HCRi286, HCRi287, HCRi290, HCRi292, HCRi293, HBi635
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6977
June 4 - HBi715, HBi1030, HBi1041, HBi3485, HBi4586
SENT TO THE COMPTROLLER
June 1 - HBi2729, HBi4586
SENT TO THE SECRETARY OF THE STATE
June 1 - HJRi85, HJRi102, HJRi132, HJRi7
June 3 - HJRi14, HJRi36, HJRi127
SIGNED BY THE GOVERNOR
June 16 - HBi2154, HBi4765, HBi51
June 17 - HBi3
June 19 - HBi8, HBi10, HBi19, HBi55, HBi58, HBi72, HBi93, HBi101, HBi107, HBi108, HBi118, HBi136, HBi144, HBi148, HBi171, HBi176, HBi192, HBi200, HBi216, HBi221, HBi233, HBi236, HBi269, HBi281, HBi319, HBi339, HBi348, HBi358, HBi383, HBi389, HBi394, HBi396, HBi400, HBi405, HBi407, HBi409, HBi422, HBi432, HBi434, HBi449, HBi451, HBi453, HBi461, HBi464, HBi469, HBi471, HBi473, HBi488, HBi497, HBi498, HBi527, HBi533, HBi534, HBi537, HBi548, HBi551, HBi556, HBi558, HBi559, HBi583, HBi585, HBi586, HBi587, HBi594, HBi598, HBi605, HBi610, HBi618, HBi621, HBi635, HBi643, HBi646, HBi655, HBi666, HBi669, HBi671, HBi673, HBi675, HBi677, HBi693, HBi694, HBi709, HBi715, HBi719, HBi732, HBi739, HBi746, HBi748, HBi749, HBi764, HBi765, HBi768, HBi773, HBi780, HBi781, HBi783, HBi796, HBi802, HBi807, HBi829, HBi846, HBi857, HBi871, HBi874, HBi878, HBi882, HBi888, HBi890, HBi960, HBi962, HBi963, HBi965, HBi978, HBi986, HBi987, HBi1003, HBi1012, HBi1013, HBi1020, HBi1023, HBi1029, HBi1030, HBi1031, HBi1038, HBi1041, HBi1043, HBi1055, HBi1056, HBi1058, HBi1060, HBi1063, HBi1083, HBi1084, HBi1093, HBi1096, HBi1109, HBi1113, HBi1134, HBi1138, HBi1145, HBi1146, HBi1151, HBi1174, HBi1177, HBi1178, HBi1187, HBi1191, HBi1193, HBi1218, HBi1230, HBi1232, HBi1233, HBi1255, HBi1256, HBi1257, HBi1259, HBi1265, HBi1272, HBi1285, HBi1286, HBi1290, HBi1294, HBi1295, HBi1297, HBi1309, HBi1310, HBi1321, HBi1322, HBi1324, HBi1325, HBi1326, HBi1332, HBi1343, HBi1345, HBi1357, HBi1358, HBi1360, HBi1362, HBi1365, HBi1366, HBi1372, HBi1404, HBi1407, HBi1409, HBi1423, HBi1425, HBi1445, HBi1448, HBi1452, HBi1460, HBi1461, HBi1462, HBi1470, HBi1473, HBi1474, HBi1476, HBi1487, HBi1506, HBi1513, HBi1517, HBi1518, HBi1530, HBi1544, HBi1551, HBi1568, HBi1579, HBi1596, HBi1597, HBi1598, HBi1599, HBi1600, HBi1601, HBi1614, HBi1630, HBi1633, HBi1659, HBi1664, HBi1665, HBi1682, HBi1686, HBi1688, HBi1691, HBi1705, HBi1711, HBi1720, HBi1721, HBi1722, HBi1728, HBi1730, HBi1739, HBi1740, HBi1749, HBi1750, HBi1757, HBi1761, HBi1770, HBi1783, HBi1785, HBi1787, HBi1789, HBi1795, HBi1796, HBi1799, HBi1801, HBi1802, HBi1819,
6978 81st LEGISLATURE — REGULAR SESSION
Monday, June 1, 2009 HOUSE JOURNAL — 86th Day 6979
VETOED BY THE GOVERNOR
June 19 - HBi103, HBi130, HBi518, HBi821, HBi1293, HBi1457, HBi2142, HBi2656, HBi2692, HBi2820, HBi2888, HBi3148, HBi3202, HBi3346, HBi3481, HBi3485, HBi3515, HBi3983, HBi4068, HBi4685, HCRi161, HCRi252
6980 81st LEGISLATURE — REGULAR SESSION