SEVENTY-EIGHTH LEGISLATURE, SECOND CALLED SESSION
PROCEEDINGS
THIRD DAY — TUESDAY, AUGUST 5, 2003
The house met at 2 p.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Recordi23).
Present — Mr. Speaker; Alonzo; Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Canales; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Escobar; Farabee; Farrar; Flores; Flynn; Gallego; Gattis; Geren; Giddings; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; King; Kolkhorst; Kuempel; Laney; Laubenberg; Lewis; Mabry; Madden; Marchant; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Naishtat; Nixon; Olivo; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Seaman; Smith, W.; Smithee; Solis; Solomons; Stick; Swinford; Talton; Taylor; Telford; Thompson; Truitt; Turner; Uresti; Van Arsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Absent, Excused — Allen; Garza; Luna; Noriega; Oliveira; Riddle.
Absent — Hilderbran; Hughes; Keffer, J.; Krusee; Martinez Fischer; Moreno, P.; Reyna; Smith, T.
The invocation was offered by Steve Ponder, pastor, First Baptist Church, Brenham, as follows:
Dear Heavenly Father, as we begin this session this aftenoon, we begin by acknowledging you as being sovereign over all of us. We know that life itself comes from you, as do all good things. Your word tells us that every good and perfect gift comes from our Father above. We look to you today as the good Father who loves us and wants to guide us in all things. Therefore, my prayer is for your guiding hand to superintend all that takes place in this room.
Lord, you tell us in the scriptures that we can come to you and ask for wisdom, and we do that now. Give these ladies and gentlemen a superabundant portion of godly wisdom as they conduct the business of this state. With a spirit of unity that crosses political lines, help them to work together in harmony to do
both what's best and what's right for the citizens of Texas. May each representative represent well his or her constitutents––all of them––regardless of race, religion, economic status, or party affiliation. May all the decisions that they make be decisions of which you would approve.Lord, I pray for your special blessings on our representatives and their families. Jesus taught us how those who want to be first in his kingdom must be servants of all, and Lord, that's what our representatives are. They are servants of all of the citizens of this state, and Lord, I know they work long and hard, often away from their home and family. Thank you, God, for their sacrifice. Strengthen their relationships with their families, give them times of rest and refreshment, and meet all their needs through your riches in Christ Jesus. Pour out on each of them your overflowing blessings.
And bless the good people of Texas. For many businesses and individuals, this year has been a difficult year. Many are hurting and struggling through a tough economy. Help us to be mindful of them. Please prosper our state as you have prospered our souls. Lord, I ask all of this in the name of Jesus Christ. Amen.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for today because of important business in the district:
Garza on motion of Rodriguez.
The following member was granted leave of absence for today because of personal business:
Allen on motion of Dutton.
The following member was granted leave of absence for today because of illness:
Luna on motion of Denny.
The following member was granted leave of absence for today because of family business:
Riddle on motion of Denny.
The following members were granted leaves of absence for today because of important business:
Krusee on motion of Driver.
Oliveira on motion of Denny.
Noriega on motion of Geren.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
36 78th LEGISLATURE — SECOND CALLED SESSION
(Van Arsdale in the chair)
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
J. Keffer on motion of Christian.
The following member was granted leave of absence for the remainder of today because of important business in the district:
Thompson on motion of Denny.
(Speaker in the chair)
MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
HB 3 ON SECOND READING
(by Swinford)
HB 3, A bill to be entitled An Act relating to the compilation and distribution of the state budget by the governor.
Representative Swinford moved to postpone consideration of HBi3 until 2ip.m. Friday, August 8.
The motion prevailed without objection.
HB 4 ON SECOND READING
(by Swinford)
HB 4, A bill to be entitled An Act relating to unclaimed property.
HB 4 was passed to engrossment.
HB 5 ON SECOND READING
(by Swinford)
HB 5, A bill to be entitled An Act relating to the composition of the Parks and Wildlife Commission.
Representative Swinford moved to lay HBi5 on the table subject to call.
The motion prevailed without objection.
(Reyna and T. Smith now present)
HB 7 ON SECOND READING
(by Swinford)
HB 7, A bill to be entitled An Act relating to the abandonment of proceeds distributable on reorganization of an insurance company.
HB 7 was passed to engrossment.
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 37
HR 34 - ADOPTED
(by Wohlgemuth)
Representative Wohlgemuth moved to suspend all necessary rules to take up and consider at this time HRi34.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 34, Honoring Secretary of State Gwyn Shea for her public service.
HR 34 was read and was adopted without objection.
On motion of Representative Dutton, the names of all the members of the house were added to HRi34 as signers thereof.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Escobar on motion of J. Moreno.
HB 8 ON SECOND READING
(by Swinford)
HB 8, A bill to be entitled An Act relating to meetings of the Legislative Budget Board conducted through the use of certain telecommunication devices.
Amendment No. 1
Representative Hochberg offered the following amendment to HBi8:
Amend HB 8 on page 2, line 6, by inserting the following between "meeting" and the period:
, and if the two-way audio communication link with any member attending the meeting is disrupted at any time the meeting may not continue until the two-way audio communication link is reestablished
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Coleman offered the following amendment to HBi8:
Amend HB 8 on page 1 by striking the sentences that begin on lines 11 after the period before "This" and 15 and substituting the following:
This subsection applies:
(1) only if an emergency or public necessity exists within the meaning of Section 551.045(b);
(2) only for purposes of constituting a quorum or voting or for any other purpose allowing a member of the board to otherwise fully participate in the meeting of the board; and
(3) without regard to the subject of the emergency or public necessity considered at the meeting.
Representative Swinford moved to table Amendment No. 2.
38 78th LEGISLATURE — SECOND CALLED SESSION
The motion to table prevailed.
A record vote was requested.
HB 8, as amended, was passed to engrossment by (Record 24): 102 Yeas, 29 Nays, 1 Present, not voting.
Yeas — Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chavez; Christian; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Denny; Deshotel; Driver; Eiland; Eissler; Elkins; Ellis; Farabee; Flynn; Gattis; Geren; Giddings; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; King; Kolkhorst; Kuempel; Laubenberg; Lewis; Madden; Marchant; McCall; McClendon; McReynolds; Mercer; Merritt; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pickett; Pitts; Puente; Quintanilla; Reyna; Ritter; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Stick; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Villarreal; West; Wilson; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Nays — Alonzo; Burnam; Canales; Capelo; Castro; Chisum; Coleman; Davis, Y.; Dukes; Dunnam; Dutton; Farrar; Gallego; Goodman; Hodge; Jones, J.; Laney; Mabry; Moreno, J.; Naishtat; Olivo; Peña; Raymond; Rodriguez; Rose; Solis; Telford; Uresti; Wise.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Allen; Escobar; Garza; Keffer, J.; Luna; Noriega; Oliveira; Riddle; Thompson.
Absent — Dawson; Delisi; Edwards; Flores; Hilderbran; Krusee; Martinez Fischer; Menendez; Moreno, P.
HB 9 ON SECOND READING
(by Swinford)
HB 9, A bill to be entitled An Act relating to the conservation of energy and water by state agencies.
Amendment No. 1
Representative Swinford offered the following amendment to HBi9:
Amend HB 9 (House committee printing) as follows:
(1)iiOn page 2, line 17, between "cost-effective" and "fuel-saving", insert "proven".
(2)iiOn page 2, line 26, strike "or".
(3)iiOn page 3, line 1, between "environment" and the period, insert:
; or
(3)iiis known to affect negatively the manufacturer's warranty of a motor vehicle or a non-road diesel
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 39
(4)iiOn page 3, line 2, between "cost-effective" and "fuel-saving", insert "proven".
Amendment No. 1 was adopted without objection.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of illness in the family:
Dawson on motion of Bonnen.
The following member was granted leave of absence for the remainder of today because of important business in the district:
Wise on motion of J. Moreno.
The following member was granted leave of absence for today because of important constituent business:
Hilderbran on motion of Keel.
HB 9 - (consideration continued)
Amendment No. 2
Representative Hughes offered the following amendment to HBi9:
Amend HB 9 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 430.003, Local Government Code, as added by HB 2425, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
Sec.i430.003.iiEXEMPTIONS OF CERTAIN [STATE] PROPERTY FROM
INFRASTRUCTURE FEES. No county, municipality, or utility district may
collect from a state agency or a public or private institution of higher education
any fee charged for the development or maintenance of programs or [of] facilities
for the control of excess water or storm water.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Isett offered the following amendment to HBi9:
Amend HB 9 on page 3, between lines 22 and 23 by inserting the following:
(k) This section does not apply to an institution of higher education as defined by Section 61.003, Education Code.
Amendment No. 3 was adopted without objection.
HB 9, as amended, was passed to engrossment.
HB 11 ON SECOND READING
(by Swinford)
HB 11, A bill to be entitled An Act relating to designating the presiding officer of the governing body of certain state agencies.
HB 11 was passed to engrossment. (Hardcastle recorded voting no)
40 78th LEGISLATURE — SECOND CALLED SESSION
HB 13 ON SECOND READING
(by Swinford)
HB 13, A bill to be entitled An Act relating to certain reports and permits of the Texas Commission on Environmental Quality.
HB 13 was passed to engrossment.
HB 14 ON SECOND READING
(by Swinford)
HB 14, A bill to be entitled An Act relating to the abolition of the Texas Commission on Private Security and the transfer of its functions to the Department of Public Safety of the State of Texas.
Amendment No. 1
Representative Wohlgemuth offered the following amendment to HBi14:
Amend HB 14 as follows:
(1)iiOn page 1, line 12, strike "Section 1702.005" and substitute "Sections 1702.005 and 1702.006".
(2)iiOn page 1, between lines 17 and 18, insert the following:
Sec.i1702.006.iiTEXAS DEPARTMENT OF HEALTH. (a) In this section, "personal emergency response system" means an alarm system that is:
(1)iiinstalled in the residence of a person;
(2)iimonitored by an alarm systems company;
(3)iidesigned only to permit the person to signal the occurrence of a medical or personal emergency on the part of the person so that the company may dispatch appropriate aid; and
(4)iinot part of a combination of alarm systems that includes a burglar alarm or fire alarm.
(b)iiNotwithstanding the other provisions of this chapter, the Texas Department of Health shall administer the provisions of this chapter that are applicable to the following persons:
(1)iian alarm systems company that sells, installs, services, monitors, or responds to only personal emergency response systems;
(2)iian alarm systems installer who installs, maintains, or repairs only personal emergency response systems;
(3)iia manager or branch office manager of an alarm systems company described by Subdivision (1);
(4)iia security salesperson who is employed by an alarm systems company described by Subdivision (1) to sell services offered by the company; and
(5)iian owner, officer, partner, or shareholder of an alarm systems company described by Subdivision (1).
(c)iiA reference in this chapter or another law to the Texas Commission on Private Security in connection with a person described by Subsection (b) means the Texas Department of Health.
(3)iiOn page 4, line 15, between "Texas" and the semicolon, insert "or the Texas Department of Health, as applicable".
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 41
(4)iiOn page 4, strike line 18 and substitute the following:
Board or the Texas Department of Health, as applicable, and remains in effect until amended or replaced by that board or department;
(5)iiOn page 4, line 21, between "Board" and the semicolon, insert "or the Texas Department of Health, as applicable".
(6)iiOn page 4, strike lines 24 and 25 and substitute the following:
without change in status to the Texas Private Security Board or the Texas Department of Health, as determined by a memorandum of understanding between the Department of Public Safety of the State of Texas and the Texas Department of Health, and the Texas Private Security Board or the Texas Department of Health, as applicable, assumes, as appropriate and
(7)iiOn page 5, line 4, between "Board" and the semicolon, insert "or the Texas Department of Health, as determined by a memorandum of understanding between the Department of Public Safety of the State of Texas and the Texas Department of Health".
(8)iiOn page 5, line 8, between "Board" and the period, insert "or the Texas Department of Health, as determined by a memorandum of understanding between the Department of Public Safety of the State of Texas and the Texas Department of Health".
(9)iiOn page 5, strike lines 11 and 12 and substitute the following:
of Texas and the Texas Department of Health to transfer any property of the Texas Commission on Private Security to the Department of Public Safety of the State of Texas or the Texas Department of Health to
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Callegari offered the following amendment to HBi14:
Amend HB 14, between page 3, line 27, and page 4 line 1, by inserting the following appropriately numbered section and renumbering the subsequent sections of the bill accordingly:
SECTION __. Subchapter D, Chapter 1702, Occupations Code, is amended by adding Section 1702.0615 to read as follows:
Sec.i1702.0615.iiPLACEMENT OF PRIORITY ON PROCESSING CERTAIN APPLICATIONS. (a) In performing its functions and duties under this chapter, the board shall place a high priority on processing applications for licenses, security officer commissions, and registrations filed by persons who provide protection for critical infrastructure, as defined by Section 421.001, Government Code.
(b)iiThe board shall act on an application described by Subsection (a) as expeditiously as possible but not later than the 60th day after the date the board receives the application.
(c)iiThis section expires December 1, 2005.
Amendment No. 2 was adopted without objection.
HB 14, as amended, was passed to engrossment.
42 78th LEGISLATURE — SECOND CALLED SESSION
HB 15 ON SECOND READING
(by Swinford)
HB 15, A bill to be entitled An Act relating to the oversight of regional planning commissions by the governor and the state auditor.
HB 15 was passed to engrossment.
HB 16 ON SECOND READING
(by Swinford)
HB 16, A bill to be entitled An Act relating to the qualifications of the commissioner of insurance.
Amendment No. 1
On behalf of Representative Swinford, Representative Callegari offered the following amendment to HBi16:
Amend HB 16 as follows:
(1)iiOn page 1, line 10, strike "10" and substitute "5 [10]".
(2)iiOn page 1, lines 10-11, strike "as an executive" and substitute "[as an
executive]".
Amendment No. 1 was adopted without objection.
HB 16, as amended, was passed to engrossment. (D. Jones recorded voting no)
HB 28 ON SECOND READING
(by W. Smith)
HB 28, A bill to be entitled An Act relating to compliance histories for and incentives to reward compliance performance by entities regulated by the Texas Commission on Environmental Quality.
(Hamric in the chair)
A record vote was requested.
HB 28 was passed to engrossment by (Record 25): 88 Yeas, 42 Nays, 2 Present, not voting.
Yeas — Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Capelo; Casteel; Chisum; Christian; Cook, B.; Cook, R.; Crabb; Crownover; Davis, J.; Delisi; Denny; Driver; Eiland; Eissler; Elkins; Farabee; Flynn; Gattis; Geren; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, E.; Keel; Keffer, B.; King; Kolkhorst; Kuempel; Laubenberg; Lewis; Madden; Marchant; McCall; McReynolds; Mercer; Merritt; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pickett; Pitts; Reyna; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wohlgemuth; Wong; Woolley; Zedler.
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 43
Nays — Alonzo; Bailey; Burnam; Canales; Castro; Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ellis; Farrar; Flores; Gallego; Giddings; Goodman; Guillen; Gutierrez; Hochberg; Hodge; Jones, D.; Jones, J.; Laney; Mabry; McClendon; Menendez; Moreno, J.; Naishtat; Olivo; Peña; Puente; Quintanilla; Raymond; Rodriguez; Solis; Telford; Uresti; Villarreal; Wolens.
Present, not voting — Mr. Speaker; Hamric(C).
Absent, Excused — Allen; Dawson; Escobar; Garza; Hilderbran; Keffer, J.; Luna; Noriega; Oliveira; Riddle; Thompson; Wise.
Absent — Corte; Krusee; Martinez Fischer; Moreno, P.; Turner; Wilson.
HR 33 - ADOPTED
(by Stick)
Representative Stick moved to suspend all necessary rules to take up and consider at this time HRi33.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 33, Honoring Lyman Martin Labry of Austin for his contributions to the restoration of Texas courthouses.
HR 33 was adopted without objection.
On motion of Representative Isett, the names of all the members of the house were added to HRi33 as signers thereof.
(Edwards in the chair)
HR 22 - ADOPTED
(by Dutton)
Representative Dutton moved to suspend all necessary rules to take up and consider at this time HRi22.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 22, Honoring Tavis Smiley for his many outstanding achievements.
HR 22 was adopted without objection.
HCR 4 - ADOPTED
(by Corte and Isett)
Representative Isett moved to suspend all necessary rules to take up and consider at this time HCRi4.
The motion prevailed without objection.
The following resolution was laid before the house:
44 78th LEGISLATURE — SECOND CALLED SESSION
HCR 4, Memorializing the secretary of the United States Department of Homeland Security to designate a university-based center for homeland security in the State of Texas.
HCR 4 was adopted without objection.
HR 15 - ADOPTED
(by Wise)
Representative Mabry moved to suspend all necessary rules to take up and consider at this time HRi15.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 15, Honoring Rosie Gutierrez for her exceptional service as district assistant in the office of State Representative Miguel D. Wise.
HR 15 was adopted without objection.
HR 17 - ADOPTED
(by Wise)
Representative Mabry moved to suspend all necessary rules to take up and consider at this time HRi17.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 17, Honoring Alma S. Valdez of the Weslaco ISD for receiving the Texas Educational Support Staff Association Nelda Van Dyke Award.
HR 17 was adopted without objection.
HR 28 - ADOPTED
(by Wise)
Representative Mabry moved to suspend all necessary rules to take up and consider at this time HRi28.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 28, Congratulating Hector Martinez, Jr., of Mercedes on his selection as the San Antonio Regional Winner in the 2003 Hispanic Heritage Youth Awards program.
HR 28 was adopted without objection.
HR 30 - ADOPTED
(by Wise)
Representative Mabry moved to suspend all necessary rules to take up and consider at this time HRi30.
The motion prevailed without objection.
The following resolution was laid before the house:
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 45
HR 30, Honoring Juliana Alejandro of Weslaco on her 105th birthday.
HR 30 was adopted without objection.
HR 31 - ADOPTED
(by Wise, Dunnam, and Mabry)
Representative Mabry moved to suspend all necessary rules to take up and consider at this time HRi31.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 31, Congratulating Christi Proctor on being added as a designer on The Learning Channel's hit show, Trading Spaces.
HR 31 was adopted without objection.
HR 32 - ADOPTED
(by Wise)
Representative Mabry moved to suspend all necessary rules to take up and consider at this time HRi32.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 32, Honoring Ruben De Los Santos of Mercedes for his achievements as the owner of South Texas Decals.
HR 32 was adopted without objection.
HR 38 - ADOPTED
(by Hunter)
Representative Hunter moved to suspend all necessary rules to take up and consider at this time HRi38.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 38, Commending Juanita Daniel Zachry of Abilene for her achivements as an author.
HR 38 was adopted without objection.
On motion of Representative Talton, the names of all the members of the house were added to HRi38 as signers thereof.
HR 37 - ADOPTED
(by Hunter)
Representative Hunter moved to suspend all necessary rules to take up and consider at this time HRi37.
The motion prevailed without objection.
The following resolution was laid before the house:
46 78th LEGISLATURE — SECOND CALLED SESSION
HR 37, Honoring Barbara Evans of Abilene on her retirement.
HR 37 was adopted without objection.
On motion of Representative Talton, the names of all the members of the house were added to HRi37 as signers thereof.
HR 25 - ADOPTED
(by Hamilton)
Representative Hamilton moved to suspend all necessary rules to take up and consider at this time HRi25.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 25, Honoring Thomas Floyd "Sleepy" Smith on being named 2003 Small Business Person of the Year by the Greater Orange Area Chamber of Commerce.
HR 25 was adopted without objection.
On motion of Representative Talton, the names of all the members of the house were added to HRi25 as signers thereof.
HR 39 - ADOPTED
(by Eissler)
Representative Eissler moved to suspend all necessary rules to take up and consider at this time HRi39.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 39, Honoring the life of Andrea Barrera Blake of The Woodlands.
HR 39 was adopted without objection.
On motion of Representative Talton, the names of all the members of the house were added to HRi39 as signers thereof.
HR 40 - ADOPTED
(by Eissler)
Representative Eissler moved to suspend all necessary rules to take up and consider at this time HRi40.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 40, Congratulating Jack Stibbs on becoming president of the Pulmonary Hypertension Association.
HR 40 was adopted without objection.
On motion of Representative Talton, the names of all the members of the house were added to HRi40 as signers thereof.
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 47
HR 13 - ADOPTED
(by Talton)
Representative Talton moved to suspend all necessary rules to take up and consider at this time HRi13.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 13, Congratulating the Red Raiders baseball team on winning the USSSA World Series.
HR 13 was adopted without objection.
On motion of Representative Lewis, the names of all the members of the house were added to HRi13 as signers thereof.
HR 14 - ADOPTED
(by Talton)
Representative Talton moved to suspend all necessary rules to take up and consider at this time HRi14.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 14, Honoring the Pasadena 13 All-Stars.
HR 14 was adopted without objection.
On motion of Representative Lewis, the names of all the members of the house were added to HRi14 as signers thereof.
HR 43 - ADOPTED
(by Lewis, et al.)
Representative Lewis moved to suspend all necessary rules to take up and consider at this time HRi43.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 43, In memory of Dale Elizabeth Willis of Fort Worth.
HR 43 was unanimously adopted by a rising vote.
HCR 5 - ADOPTED
(by Lewis)
Representative Lewis moved to suspend all necessary rules to take up and consider at this time HCRi5.
The motion prevailed without objection.
The following resolution was laid before the house:
HCR 5, In memory of Dovie Jean Webber of Fort Worth.
HCR 5 was unanimously adopted by a rising vote.
48 78th LEGISLATURE — SECOND CALLED SESSION
HCR 6 - ADOPTED
(by Hopson)
Representative Hopson moved to suspend all necessary rules to take up and consider at this time HCRi6.
The motion prevailed without objection.
The following resolution was laid before the house:
HCR 6, Designating Kilgore as the official Texas City of Stars.
HCR 6 was adopted without objection.
HR 44 - ADOPTED
(by Capelo)
Representative Capelo moved to suspend all necessary rules to take up and consider at this time HRi44.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 44, Honoring the life of U.S. Army Staff Sergeant Hector Perez of Corpus Christi.
HR 44 was unanimously adopted by a rising vote.
HR 26 - ADOPTED
(by Baxter)
Representative Baxter moved to suspend all necessary rules to take up and consider at this time HRi26.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 26, Honoring Ken Dabbs on his induction into the Texas High School Coaches Association Hall of Honor.
HR 26 was adopted without objection.
HR 41 - ADOPTED
(by Peña)
Representative Peña moved to suspend all necessary rules to take up and consider at this time HRi41.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 41, Honoring Juan Alamia of South Texas for his contributions as a member of the Rough Riders during the Spanish-American war.
HR 41 was adopted without objection.
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 49
HR 52 - ADOPTED
(by Peña)
Representative Peña moved to suspend all necessary rules to take up and consider at this time HRi52.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 52, Honoring the Edinburg Daily Review on the 89th anniversary of its founding.
HR 52 was adopted without objection.
HR 36 - ADOPTED
(by Griggs)
Representative Griggs moved to suspend all necessary rules to take up and consider at this time HRi36.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 36, Honoring Charles Scoma of North Richland Hills on his graduation from Dallas Baptist University.
HR 36 was adopted without objection.
HR 23 - ADOPTED
(by Bonnen)
Representative Bonnen moved to suspend all necessary rules to take up and consider at this time HRi23.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 23, Honoring Leland and Marie Kee of Angleton on their 65th wedding anniversary.
HR 23 was adopted without objection.
HR 24 - ADOPTED
(by Bonnen)
Representative Bonnen moved to suspend all necessary rules to take up and consider at this time HRi24.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 24, In memory of Roberta Reynolds of Brazoria.
HR 24 was unanimously adopted by a rising vote.
On motion of Representative Kuempel, the names of all the members of the house were added to HRi24 as signers thereof.
50 78th LEGISLATURE — SECOND CALLED SESSION
HR 21 - ADOPTED
(by Kuempel)
Representative Kuempel moved to suspend all necessary rules to take up and consider at this time HRi21.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 21, Honoring Pat Ethredge of Katy for her contributions to gymnastics.
HR 21 was adopted without objection.
HR 35 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi35.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 35, Honoring Bob and Margie Hughes of Golden on their 50th wedding anniversary.
HR 35 was adopted without objection.
HR 45 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi45.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 45, Honoring Mitchell Lee and Melba Jean Archer of Sand Hill on their 50th anniversary.
HR 45 was adopted without objection.
HR 46 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi46.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 46, Honoring Robert and Marilyn Wolcott of Gladewater on their 50th wedding anniversary.
HR 46 was adopted without objection.
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 51
HR 47 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi47.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 47, Honoring Bill and Mary Deverell of Winnsboro on their 50th wedding anniversary.
HR 47 was adopted without objection.
HR 48 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi48.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 48, Honoring Charles William and Cleon Green of Winnsboro on their 50th wedding anniversary.
HR 48 was adopted without objection.
HR 49 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi49.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 49, Congratulating Oral and Dorothy Bowman of Mineola on their 60th wedding anniversary.
HR 49 was adopted without objection.
HR 50 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi50.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 50, Honoring Glenwood Oney, Jr., and Jeannie Oney of Marshall on their 25th wedding anniversary.
HR 50 was adopted without objection.
52 78th LEGISLATURE — SECOND CALLED SESSION
HR 7 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi7.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 7, Honoring Dan and Carolyn Metcalf of Mineola on their 50th wedding anniversary.
HR 7 was adopted without objection.
HR 8 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi8.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 8, Honoring John and Harriet Rayl of Mineola on their 50th wedding anniversary.
HR 8 was adopted without objection.
HR 9 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi9.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 9, Honoring James and Vickie Turner of Gilmer on their 50th wedding anniversary.
HR 9 was adopted without objection.
HR 19 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi19.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 19, Honoring Samuel and Shirley Cundiff of Marshall on their 50th wedding anniversary.
HR 19 was adopted without objection.
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 53
HR 20 - ADOPTED
(by Hughes)
Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi20.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 20, Honoring Marvis and Castine Moseley of Marshall on their 50th wedding anniversary.
HR 20 was adopted without objection.
HR 18 - ADOPTED
(by Rose)
Representative Rose moved to suspend all necessary rules to take up and consider at this time HRi18.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 18, Honoring Ren Liner on his retirement from the Texas Appraiser Licensing and Certification Board.
HR 18 was adopted without objection.
HR 53 - ADOPTED
(by Farabee)
Representative Farabee moved to suspend all necessary rules to take up and consider at this time HRi53.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 53, In memory of A. R. "Bud" Dillard of Wichita Falls.
HR 53 was unanimously adopted by a rising vote.
On motion of Representative Hardcastle, the names of all the members of the house were added to HRi53 as signers thereof.
HR 51 - ADOPTED
(by Harper-Brown)
Representative Harper-Brown moved to suspend all necessary rules to take up and consider at this time HRi51.
The motion prevailed without objection.
The following resolution was laid before the house:
54 78th LEGISLATURE — SECOND CALLED SESSION
HR 51, Honoring Jay Nelson of Kaufman on his retirement from the Texas Department of Transportation.
HR 51 was adopted without objection.
On motion of Representative Solomons, the names of all the members of the house were added to HRi51 as signers thereof.
HR 42 - ADOPTED
(by Bohac)
Representative B. Keffer moved to suspend all necessary rules to take up and consider at this time HRi42.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 42, Honoring Assistant Chief of Police Jerry DeFoor on his retirement from the Houston Police Department.
HR 42 was adopted without objection.
HR 27 - ADOPTED
(by J. Keffer)
Representative B. Keffer moved to suspend all necessary rules to take up and consider at this time HRi27.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 27, In memory of former State Representative Joe C. Hanna of Breckenridge.
HR 27 was unanimously adopted by a rising vote.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, upon adjournment today, speakers committee room, for a formal meeting.
ADJOURNMENT
Representative Casteel moved that the house adjourn until 2 p.m. Friday, August 8 in memory of Sue Bock of New Braunfels.
The motion prevailed without objection.
The house accordingly, at 4:08 p.m., adjourned until 2 p.m. Friday, Augusti8.
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 55
AAAAAADDENDUMAAAAA
REFERRED TO COMMITTEES
The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:
List No. 1
HB 32 (By Pickett), Relating to an appropriation to the Texas Tech University Health Sciences Center for the purpose of attaining accreditation of a four-year medical school in El Paso and authorizing the issuance of revenue bonds for the center for an academic building to support the center's educational programs in El Paso.
To Appropriations.
HB 33 (By Hochberg), Relating to the program to study the use of credits for textbooks.
To Public Education.
HB 34 (By McClendon), Relating to the imposition of a lien on property to recover certain medical assistance.
To Appropriations.
HB 35 (By Turner), Relating to the prosecution of the offense of trespass by the holder of a license to carry a concealed handgun.
To Criminal Jurisprudence.
HB 36 (By Madden), Relating to the environmental regulation and remediation of certain dry cleaning facilities.
To Business and Industry.
HB 37 (By King), Relating to the authority of the secretary of state to modify the filing period and related dates for the March 2004 primary elections for congress.
To Elections.
HB 38 (By Wise), Relating to the identification information required of an applicant for a driver's license.
To Law Enforcement.
HB 39 (By Wise), Relating to the prosecution of and punishment for the offenses of kidnapping and aggravated kidnapping.
To Criminal Jurisprudence.
56 78th LEGISLATURE — SECOND CALLED SESSION
HB 40 (By Wise), Relating to an appropriation to The University of Texas Health Science Center at San Antonio to support the Regional Academic Health Center.
To Appropriations.
HB 41 (By Coleman), Relating to restoring essential health and human services programs; depositing certain funds to the credit of the general revenue fund; and making appropriations.
To Appropriations.
HB 42 (By Wise), Relating to procedures adopted by a state entity to ensure an employment preference for veterans.
To Defense Affairs and State-Federal Relations.
HB 43 (By Coleman), Relating to appropriations to the Texas excellence fund and the university research fund.
To Appropriations.
HB 44 (By Chisum), Relating to efficiency in certain procedures and hearings of the Texas Commission on Environmental Quality.
To Environmental Regulation.
HCR 2 (By Chavez), Memorializing congress to urge the EPA to redesignate El Paso from a nonattainment area to an attainment area.
To Environmental Regulation.
HCR 3 (By Chisum), Encouraging the United States Congress to adopt a constitutional amendment banning any marriage except a union between a man and a woman.
To State Affairs.
HJR 1 (By Branch), Proposing a constitutional amendment relating to the determination of a quorum of the senate or house of representatives.
To State Affairs.
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
July 29
Environmental Regulation - HBi28
Government Reform - HBi3, HBi4, HBi5, HBi7, HBi8, HBi9, HBi11, HBi13, HBi14, HBi15, HBi16
ENGROSSED
July 29 - HBi1, HBi2, HBi25, HBi29
Tuesday, August 5, 2003 HOUSE JOURNAL — 3rd Day 57