Sunday, May 26, 2013 — 82Nd
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HOUSE JOURNAL EIGHTY-THIRD LEGISLATURE, REGULAR SESSION PROCEEDINGS EIGHTY-SECOND DAY Ð SUNDAY, MAY 26, 2013 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 (Recordi1286). Present Ð Mr. Speaker; Alonzo; Anderson; Ashby; Aycock; Bell; Bonnen, G.; Branch; Burkett; Burnam; Button; Callegari; Canales; Capriglione; Carter; Clardy; Collier; Cook; Cortez; Craddick; Creighton; Dale; Darby; Davis, J.; Davis, S.; Deshotel; Dukes; Dutton; Elkins; Fallon; Farias; Farney; Fletcher; Flynn; Frank; Frullo; Geren; Goldman; Gonzales; GonzaÂlez, M.; Gonzalez, N.; Gooden; Guerra; Gutierrez; Harper-Brown; Hilderbran; Howard; Huberty; Hughes; Hunter; Isaac; Johnson; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Kleinschmidt; Klick; Kolkhorst; Krause; Kuempel; Larson; Lavender; Leach; Lewis; Lozano; MaÂrquez; Martinez; Martinez Fischer; McClendon; Miller, D.; Miller, R.; Morrison; Murphy; Naishtat; NevaÂrez; Oliveira; Orr; Otto; Paddie; Parker; Patrick; Perez; Perry; Phillips; Pickett; Pitts; Price; Raney; Ratliff; Raymond; Riddle; Ritter; Rodriguez, E.; Rose; Sanford; Schaefer; Sheffield, J.; Sheffield, R.; Simmons; Simpson; Smith; Springer; Stephenson; Stickland; Taylor; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, E.S.; Turner, S.; Villalba; Villarreal; Vo; White; Workman; Wu; Zedler; Zerwas. Absent Ð Allen; Alvarado; Anchia; Bohac; Bonnen, D.; Coleman; Crownover; Davis, Y.; Eiland; Farrar; Giddings; Guillen; Harless; Hernandez Luna; Herrero; Laubenberg; Longoria; Lucio; MeneÂndez; Miles; Moody; MunÄoz; Reynolds; Rodriguez, J.; Sheets; Smithee; Strama; Walle. The speaker recognized Representative Howard who offered the invocation. The speaker recognized Representative Howard who led the house in the pledges of allegiance to the United States and Texas flags. PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS The chair laid before the house and had read the following proclamation by the governor: TO THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-THIRD TEXAS LEGISLATURE, REGULAR SESSION: 4918 83rd LEGISLATURE Ð REGULAR SESSION Pursuant to Article IV, Section 14 of the Texas Constitution, I, Rick Perry, governor of Texas, do hereby disapprove and veto HBi535 of the 83rd Texas Legislature, Regular Session, due to the following objections: HBi535 requires state agencies, when purchasing goods, to give preference to goods "manufactured" in Texas. Current law already requires state agencies to give preference to goods produced and grown in Texas. While I support and encourage our agencies to buy goods from Texas businesses, this bill simply does not change current law. Since you remain gathered in regular session and continue to conduct formal business, I am delivering this disapproval message directly to you along with the official enrolled copy of the bill. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 25th day of May, 2013. Rick Perry Governor of Texas (SEAL) John Steen Secretary of State (Crownover, Guillen, and Harless now present) HR 3010 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi3010, suspending the limitations on the conferees for HBi3793. HR 3011 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi3011, suspending the limitations on the conferees for HBi2741. HR 3012 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi3012, suspending the limitations on the conferees for HBi5. HR 3013 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi3013, suspending the limitations on the conferees for SBi7. HR 2841 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi2841, suspending the limitations on the conferees for HBi3153. Sunday, May 26, 2013 HOUSE JOURNAL Ð 82nd Day 4919 HR 2982 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi2982, suspending the limitations on the conferees for SBi949. HR 2981 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi2981, suspending the limitations on the conferees for SBi1017. HR 3007 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi3007, suspending the limitations on the conferees for HBi3459. HR 3009 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi3009, suspending the limitations on the conferees for HBi508. HR 2910 - NOTICE OF INTRODUCTION Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HRi2910, suspending the limitations on the conferees for HBi3106. LEAVE OF ABSENCE GRANTED The following member was granted leave of absence for today because of important business: Lucio on motion of C. Turner. MESSAGES FROM THE SENATE Messages from the senate were received at this time (see the addendum to the daily journal, Messages from the Senate, Message Nos. 1, 2, and 3). NOTICE GIVEN At 2:25 p.m., the speaker announced that Representative Hunter would, in at least one hour, be recognized for the purpose of suspending all necessary rules to take up conference committee reports and any accompanying resolutions to go outside the bounds before their eligibility and to allow consideration of each of these items beyond the midnight deadline. (Anchia, Y. Davis, Eiland, Giddings, Herrero, Longoria, MunÄoz, Reynolds, J. Rodriguez, Strama, and Walle now present) PARLIAMENTARY INQUIRY REPRESENTATIVE Y. DAVIS:iiThe motion that was just read, whose motion is that? SPEAKER STRAUS:iiMr. Hunter s.' 4920 83rd LEGISLATURE Ð REGULAR SESSION Y. DAVIS:iiWould he take a couple questions to explain what it is he s' doing? SPEAKER:iiMs. Davis, the notice was just giving one-hour notice. It s' not eligible at this time. Y. DAVIS:iiOkay. One-hour notice to do what, though? SPEAKER:iiTo make a motion. Y. DAVIS:iiWhat is he including in this motion±±this notice? What was your notice? It rattled off several things. SPEAKER:iiWe ll' ask the clerk to read the motion again. READING CLERK:iiPursuant to Rule 14, Section 4, this is one hour s' notice of the chair s' intent to recognize Representative Hunter for a motion to suspend all necessary rules and the regular order of business to take up the following measures out of their regular order: each bill or resolution on each of the items eligible calendars and any accompanying resolutions to go outside the bounds. Further, he will move that the rules be suspended to allow consideration of each of these items eligible calendars and any accompanying resolution to go outside the bounds beyond the midnight deadline. Y. DAVIS:iiBased on what the clerk just read, there would be no rules, essentially? Essentially, what we re' doing now is saying that you don t' have to follow the resolutions±±the privileged resolutions. You don t' have to±±all rules are suspended, essentially? Is it your intent to just deal with timing and placement on the calendar, or did I understand it to go±± SPEAKER:iiThat s' correct, Ms. Davis. The timing and the midnight deadline. Y. DAVIS:iiBased on what she read, I heard a suspension of all rules to take up, not only out of order, but also to take up resolutions, whether they ve' been timely filed or not. Is that correct? SPEAKER:iiWould you state your question again? Y. DAVIS:iiMy question is, with this notice±±the motion that was made±±does it include, number one, that any privileged resolution that may be filed, or have not been filed, or will be filed±±would the rules be suspended with regard to the notice that they need to lay out so that members will know what s' going on with those bills? Would that include that? SPEAKER:iiMs. Davis, if it needs an outside the bounds resolution it will still need an outside the bounds resolution. Y. DAVIS:iiNo, no, what I m' asking you is, when they read the suspension, does that include privileged resolutions not having to have a layout period, and would they±±fiscal note±± SPEAKER:iiNo, it does not. Y. DAVIS:iiSo, let me then ask you±±the total suspension that you just did, or the motion that you re' going to bring forward, would have the net effect of doing what? Eliminating what±±what rules are we now going to ignore based on the request that we±± Sunday, May 26, 2013 HOUSE JOURNAL Ð 82nd Day 4921 SPEAKER:iiExtending the deadline±±time limit for consideration of these measures, and allowing them to be taken up before their time eligible. Y. DAVIS:iiSo, if at midnight we ve' not finished the calendar, this rule±±or the motion for this rule±±would it include going beyond midnight? SPEAKER:iiThat s' correct. Y. DAVIS:iiOkay. And what other rules are we now changing based on this broad suspension? SPEAKER:iiThe necessary rules to help with the deadline±±all necessary rules to extend the deadline of time. Y. DAVIS:iiOkay, so we re' only extending the deadline beyond midnight with that motion? Or isn t' it also±± SPEAKER:iiAnd being able to take up the bills before they re' eligible. Y. DAVIS:iiAnd the ability to take up bills before they re' eligible. So, if something s' due at 2 o clock±±or' 3 o clock,' we could take it up at 2 o clock,' is that correct? SPEAKER:iiThat s' correct.