HOUSE JOURNAL EIGHTY-FIRST LEGISLATURE, REGULAR SESSION

PROCEEDINGS

SIXTY-FIRST DAY — FRIDAY, MAY 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 (Recordi438). 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; 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; 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; Pen˜a; 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, Excused — Driver; Miller, S. The invocation was offered by Norman Fry, Temple, as follows: Our Heavenly Father, we come to you this morning as this legislative body convenes to give thanks for these women and men who have been elected to represent the citizens of the great State of Texas. I ask your divine blessings upon the speaker of the house, Joe Straus, as he presides and upon each representative as they seek to work for the good of their constituents and for all of the state. We are mindful of the multiple issues that confront Texas and our nation. Today, the crisis presented by the H1N1 swine flu virus dominates much of the news. We pray for those who may have contracted the disease, that you might grant your healing and comfort to them and their families. Give Governor Rick Perry and those who have responsibility in the public health field wisdom as they 2220 81st LEGISLATURE — REGULAR SESSION

make decisions, that they may use available resources wisely and efficiently. May they give leadership that will help avert fear and panic as schools close and communities face the issue on a local level. We confess our need for wisdom and for physical and moral strength to meet the challenges facing us. We also confess our faith and hope in you, our creator God, who is sovereign over all the world. We humbly ask for your love, for your guidance, and your grace to be upon each one. I pray this on our behalf through your son. Amen. The speaker recognized Representative Gattis who led the house in the pledges of allegiance to the United States and Texas flags. CAPITOL PHYSICIAN The speaker recognized Representative Raymond who presented Dr.iLeonides Cigarroa of Laredo as the "Doctor for the Day." The house welcomed Dr. Cigarroa and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians. LEAVES OF ABSENCE GRANTED The following member was granted leave of absence for today and tomorrow because of important business in the district: Driver on motion of Lewis. The following member was granted leave of absence for today and tomorrow because of family business: S. Miller on motion of Callegari. The following member was granted leave of absence temporarily for today to attend a meeting of the Conference Committee on SB 1: Zerwas on motion of S. Turner. BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 22). REGULAR ORDER OF BUSINESS SUSPENDED On motion of Representative Walle and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment. HR 1722 - ADOPTED (by Hernandez) Representative Hernandez moved to suspend all necessary rules to take up and consider at this time HRi1722. The motion prevailed. The following resolution was laid before the house: Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2221

HR 1722, In memory of Frank Alvarado of Houston. HR 1722 was read and was unanimously adopted by a rising vote. On motion of Representative McClendon, the names of all the members of the house were added to HRi1722 as signers thereof. INTRODUCTION OF GUESTS The speaker recognized Representative Hernandez who introduced family members of Frank Alvarado, father of Representative Alvarado. (Anchia in the chair) MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1). (Speaker in the chair) GENERAL STATE CALENDAR HOUSE BILLS THIRD READING The following bills were laid before the house and read third time: HB 1360 ON THIRD READING (by Anchia) HB 1360, A bill to be entitled An Act relating to the effect under the public information law of the disclosure of certain information by a prosecutor to defense counsel. HBi1360 was passed by (Record 439): 139 Yeas, 0 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bolton; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; 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; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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. 2222 81st LEGISLATURE — REGULAR SESSION

Present, not voting — Mr. Speaker(C). Absent, Excused — Driver; Miller, S. Absent, Excused, Committee Meeting — Zerwas. Absent — Bohac; Bonnen; Castro; Edwards; Eiland; Giddings; Miller, D. STATEMENTS OF VOTE I was shown voting yes on Record No. 439. I intended to vote no. Flynn When Record No. 439 was taken, I was in the house but away from my desk. I would have voted yes. Giddings When Record No. 439 was taken, I was temporarily out of the house chamber. I would have voted yes. D. Miller (Zerwas now present) POSTPONED BUSINESS The following bills were laid before the house as postponed business: CSHB 3450 ON SECOND READING (by Legler, Anchia, W. Smith, et al.) CSHB 3450, A bill to be entitled An Act relating to a temporary faculty license for chiropractic faculty. CSHB 3450 was read second time on April 27 and was postponed until 9ia.m. today. CSHBi3450 was passed to engrossment. (Weber in the chair) HB 2573 ON SECOND READING (by Gonzalez Toureilles) HB 2573, A bill to be entitled An Act relating to the amount of a county expenditure for which competitive bidding is required. HB 2573 was read second time on April 23 and was postponed until 10ia.m. today. Representative Gonzalez Toureilles moved to postpone consideration of HBi2573 until 10ia.m. Tuesday, May 5. The motion prevailed. (Speaker in the chair) LEAVES OF ABSENCE GRANTED The following member was granted leave of absence for the remainder of today because of important business in the district: Chisum on motion of Phillips. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2223

The following members were granted leaves of absence temporarily for today because of important business in the district: Bohac on motion of Berman. Heflin on motion of Rodriguez. The following member was granted leave of absence temporarily for today because of important business: D. Miller on motion of Button. HB 3545 ON SECOND READING (by Leibowitz) HB 3545, A bill to be entitled An Act relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, to conforming codifications enacted by the 80th Legislature to other Acts of that legislature, and to the repeal of certain unconstitutional laws. HB 3545 was read second time on April 24, postponed until April 28, and was again postponed until 10ia.m. today. Representative Leibowitz moved to postpone consideration of HBi3545 until 10ia.m. Tuesday, May 5. The motion prevailed. HB 2987 ON SECOND READING (by Phillips) HB 2987, A bill to be entitled An Act relating to a nonsubstantive revision of statutes relating to railroads; including conforming amendments. HB 2987 was read second time on April 24, postponed until April 28, and was again postponed until 10ia.m. today. Representative Phillips moved to postpone consideration of HBi2987 until 10ia.m. Tuesday, May 5. The motion prevailed. SB 187 ON SECOND READING (Lucio - House Sponsor) SB 187, A bill to be entitled An Act relating to a Medicaid buy-in program for certain children with disabilities. SB 187 was considered in lieu of HB 67. SBi187 was read second time and was passed to third reading. (Button, Christian, Harper-Brown, Laubenberg, Phillips, and Paxton recorded voting no.) HB 67 - LAID ON THE TABLE SUBJECT TO CALL Representative Lucio moved to lay HBi67 on the table subject to call. The motion prevailed. HB 4386 ON SECOND READING (by Vaught, Riddle, Fletcher, Moody, and Branch) HB 4386, A bill to be entitled An Act relating to the creation of DNA records for the DNA database system. 2224 81st LEGISLATURE — REGULAR SESSION

HB 4386 was read second time on April 28, postponed until April 29, and was again postponed until 10ia.m. today. Representative Vaught moved to postpone consideration of HBi4386 until 10ia.m. Wednesday, May 6. The motion prevailed. CSHB 2820 ON SECOND READING (by Chisum and Chavez) CSHB 2820, A bill to be entitled An Act relating to contracts by governmental entities for professional services relating to geoscience and landscape architecture. CSHB 2820 was read second time on April 29 and was postponed until 10ia.m. today. Representative W. Smith moved to postpone consideration of CSHBi2820 until 10ia.m. Tuesday, May 5. The motion prevailed. CSHB 1678 ON SECOND READING (by Hilderbran, Gallego, T. King, D. Miller, Rose, et al.) CSHB 1678, A bill to be entitled An Act relating to the Hill Country local mental health authority crisis stabilization unit. CSHB 1678 was read second time on April 24, postponed until April 30, and was again postponed until 10ia.m. today. Representative Hilderbran moved to postpone consideration of CSHBi1678 until 10ia.m. Tuesday, May 5. The motion prevailed. MAJOR STATE CALENDAR HOUSE BILLS SECOND READING The following bills were laid before the house and read second time: HB 1487 ON SECOND READING (by Pitts and Guillen) HB 1487, A bill to be entitled An Act relating to the alignment of certain Medicaid procedures regarding written orders for diabetic equipment and supplies with comparable Medicare written order procedures. Amendment No. 1 Representative Pitts offered the following amendment to HBi1487: Amend HB 1487, House Committee Report, as follows: Page 1, line 16, STRIKE Subsection (b) and substitute the following Subsection (b) to read as follows: (b) To the extent practicable, and in conformity with Chapter 157, Occupations Code, and Chapter 483, Health and Safety Code, after conducting a review under Subsection (a) the commission shall modify only forms, rules, and procedures applicable to orders for diabetic equipment and supplies under the Medicaid program to provide for an ordering system that is comparable to the Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2225

ordering system for diabetic equipment and supplies under the Medicare program. The ordering system must permit a diabetic equipment or supplies supplier to complete the forms by hand or to enter by electronic format medical information or supply orders into any form as necessary to provide the information required to dispense diabetic equipment or supplies. Amendment No. 1 was adopted. HB 1487, as amended, was passed to engrossment. (Berman, C. Howard, and Laubenberg recorded voting no.) CONSTITUTIONAL AMENDMENTS CALENDAR HOUSE JOINT RESOLUTIONS SECOND READING The following resolutions were laid before the house and read second time: CSHJR 116 ON SECOND READING (by Corte) CSHJR 116, A joint resolution proposing a constitutional amendment authorizing the Veterans ’ Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized. Representative Hilderbran moved to postpone consideration of CSHJRi116 until 1 p.m. today. The motion prevailed. GENERAL STATE CALENDAR HOUSE BILLS SECOND READING The following bills were laid before the house and read second time: CSHB 1914 ON SECOND READING (by McReynolds and Christian) CSHB 1914, A bill to be entitled An Act relating to abolishing the Private Sector Prison Industries Oversight Authority and to the certification and operation of private sector prison industries programs. CSHBi1914 was passed to engrossment. (Rose recorded voting no.) CSHB 1634 ON SECOND READING (by T. Smith) CSHB 1634, A bill to be entitled An Act relating to the release of a motor vehicle accident report or certain information in a motor vehicle accident report; providing penalties. Amendment No. 1 Representative T. Smith offered the following amendment to CSHBi1634: Amend CSHB 1634 as follows: (1)iiOn page 1, between lines 23 and 24, insert the following: (b-1)iiVehicle specific, nonpersonally identifiable information is exempted from exclusion and may be released immediately, if the person requesting the information provides the agency with a written statement averring that the information and any information subsequently requested by the person from the 2226 81st LEGISLATURE — REGULAR SESSION

agency will not be used in connection with a commercial solicitation of a person involved in an accident or knowingly disclosed to a third person for the purpose of making a commercial solicitation of a person involved in an accident. (2)iiOn page 5, line 6, between "contract" and "and", insert "or a letter from the insurer that authorizes the obtaining of the report or information for insurance purposes only". Amendment No. 1 was adopted. CSHB 1634, as amended, was passed to engrossment. CSHB 1474 ON SECOND READING (by Geren) CSHB 1474, A bill to be entitled An Act relating to the operation and regulation of charitable bingo and the use of bingo proceeds. Amendment No. 1 Representative Geren offered the following amendment to CSHBi1474: Amend CSHB 1474 as follows: 1. Strike page 2, line 10 through page 3, line 5. 2. Strike page 11, line 27 through page 12, line 1 and insert: "(4) there is no diversion of the funds of the proposed lessee from the lawful purposes under this chapter;" 3. On page 25, line 24, strike "and pull-tab bingo tickets" 4. On page 34, strike SECTION 39 of the bill 5. On page 37, strike line 17 6. On page 37, strike line 19 7. On page 37, strike line 22 Amendment No. 1 was adopted. CSHB 1474, as amended, was passed to engrossment. (Anderson, Christian, Flynn, C. Howard, Riddle, and Shelton recorded voting no.) 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. 22). HB 1058 ON SECOND READING (by Solomons) HB 1058, A bill to be entitled An Act relating to the receipt of death benefits in the workers ’compensation system. Amendment No. 1 Representative Solomons offered the following amendment to HBi1058: Amend HB 1058 (House committee printing) by striking page 1, lines 5-6, and substituting the following: SECTIONi1.iiSections 408.182(d-1), (d-2), and (f), Labor Code, are amended to read as follows: (d-1)iiIf there is no eligible spouse, no eligible child, and no eligible grandchild, and there are no surviving dependents of the deceased employee who are parents, siblings, or grandparents of the deceased, the death benefits shall be paid in equal shares to surviving eligible parents of the deceased.iiA payment of Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2227

death benefits made under this subsection may not exceed one payment per household. Total payments under this section [and] may not exceed 104 weeks regardless of the number of surviving eligible parents. Amendment No. 1 was adopted. HB 1058, as amended, was passed to engrossment. HB 1995 ON SECOND READING (by McCall and Button) HB 1995, A bill to be entitled An Act relating to the liability of volunteer audiologists and speech-language pathologists who provide certain speech, language, and hearing evaluations. HBi1995 was passed to engrossment. CSHB 461 ON SECOND READING (by Eissler, Chisum, and Button) CSHB 461, A bill to be entitled An Act relating to the detection and treatment of dyslexia, including the use of certain professional titles by dyslexia practitioners and therapists; providing a criminal penalty. Representative Eissler moved to postpone consideration of CSHBi461 until 10ia.m. Monday, May 4. The motion prevailed. HB 796 ON SECOND READING (by T. Smith) HB 796, A bill to be entitled An Act relating to the disposition of property alleged to have been illegally acquired and to the use of the photographic evidence of that property in a criminal action. HBi796 was passed to engrossment. HB 548 ON SECOND READING (by Pickett) HB 548, A bill to be entitled An Act relating to the impoundment of certain motor vehicles involved in the commission of the offense of racing on a highway. Amendment No. 1 (Committee Amendment No. 1) Representative Pickett offered the following committee amendment to HBi548: Amend HB 548 as follows: (1) On page 1, lines 10-12, strike "garage or to a garage designated or maintained by the governmental agency that employs the officer" and substitute "licensed vehicle storage facility". Amendment No. 1 was adopted. HB 548, as amended, was passed to engrossment. HB 1433 ON SECOND READING (by Lucio) HB 1433, A bill to be entitled An Act relating to the amount of the annual water quality fee imposed on holders of wastewater discharge permits and on users of water. 2228 81st LEGISLATURE — REGULAR SESSION

(D. Miller now present) Amendment No. 1 Representative Lucio offered the following amendment to HBi1433: Amend HB 1433 (House committee printing) on page 1 by striking lines 8-12 and substituting: determining the amount of the fee to be charged. Beginning September 1, 2009, the maximum amount of a fee under this section is $100,000. On September 1 of each subsequent year, the commission shall adjust the maximum fee amount as necessary to reflect the percentage change during the preceding year in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, published monthly by the United States Bureau of Labor Statistics, or its successor in function. Notwithstanding any adjustment for inflation under this subsection, the [The] amount of the fee may not exceed $150,000 [$75,000] for each permit or contract and the [. The] maximum annual fee under this section for a wastewater discharge or waste treatment facility that holds a water right for the use of water by the facility is $150,000 [may not exceed $75,000]. Amendment No. 1 was adopted. HB 1433, as amended, was passed to engrossment. (Berman, B. Brown, Button, Christian, Kent, Marquez, D. Miller, Phillips, Pierson, Riddle, and C.iTurner recorded voting no.) CSHB 428 ON SECOND READING (by Castro) CSHB 428, A bill to be entitled An Act relating to standing for certain individuals to file a suit affecting the parent-child relationship. CSHBi428 was passed to engrossment. CSHB 646 ON SECOND READING (by Hughes) CSHB 646, A bill to be entitled An Act relating to the participation of this state in the Southern High-Speed Rail Compact. Amendment No. 1 Representative Hughes offered the following amendment to CSHBi646: Amend CSHB 646 (House Committee Printing) by striking page 2, line 21, through page 3, line 13, and substituting: (b)iiThe membership of the commission consists of: (1)iithe governor of each party state or that governor s’ designee; (2)iione representative each from: (A)iithe Mississippi Energy and Transportation Board, or its successor; (B)iithe Office of Aviation and Public Transportation of the Louisiana Department of Transportation and Development, or its successor; (C)iithe Alabama Department of Energy, or its successor; and (D)iithe Texas Department of Transportation; and (3)iifive citizens from each party state, appointed by the governor of the party state. (c)iiThe citizens appointed from the state of Texas must reside in a federally designated high-speed rail corridor. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2229

(d)iiAn appointed member of the commission serves a four-year term. (e)iiA vacancy on the commission shall be filled for the unexpired portion of the term by the governor of the party state that appointed the member whose position becomes vacant. (f)iiA member is not entitled to compensation for service on the commission but is entitled to reimbursement for reasonable expenses the member incurs in performing commission duties. Amendment No. 1 was adopted. CSHB 646, as amended, was passed to engrossment. CSHB 453 ON SECOND READING (by Gonzalez Toureilles and T. King) CSHB 453, A bill to be entitled An Act relating to the use of auction proceeds from the sale of certain abandoned motor vehicles to compensate certain property owners. Amendment No. 1 Representative Gonzalez Toureilles offered the following amendment to CSHBi453: Amend CSHB 453 (house committee report) on page 1, line 24, between "consideration" and "at the next", by inserting ", and the commissioners court shall consider the proposed payment for compensation,". Amendment No. 1 was adopted. Amendment No. 2 Representative Gonzalez Toureilles offered the following amendment to CSHBi453: Amend CSHB 453 (house committee report) on page 1, line 7, between "A" and "law enforcement", by inserting "county". Amendment No. 2 was adopted. CSHB 453, as amended, was passed to engrossment. HB 2664 ON SECOND READING (by Ritter) HB 2664, A bill to be entitled An Act relating to creating a defense to prosecution for the offense of unlawful carrying of a handgun by a license holder on the premises of certain businesses. HBi2664 was passed to engrossment. HB 2276 ON SECOND READING (by Hunter) HB 2276, A bill to be entitled An Act relating to the use of state hotel occupancy tax revenue to clean and maintain beaches in certain municipalities. HBi2276 was passed to engrossment. 2230 81st LEGISLATURE — REGULAR SESSION

HB 140 ON SECOND READING (by Gonzalez Toureilles, Homer, Hughes, Kleinschmidt, Paxton, et al.) HB 140, A bill to be entitled An Act relating to the use or display under certain circumstances of an expired license to carry a concealed handgun. HBi140 was passed to engrossment. HB 410 ON SECOND READING (by Isett, Homer, Legler, Eiland, Harper-Brown, et al.) HB 410, A bill to be entitled An Act relating to the requirement under certain circumstances that a license holder display their license to carry a concealed handgun. Amendment No. 1 Representative Guillen offered the following amendment to HBi410: Amend HB 410 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly: SECTIONi____.iiSubchapter H, Chapter 411, Government Code, is amended by adding Section 411.2055 to read as follows: Sec.i411.2055.iiLIMITATION ON PROVISION OF LICENSING INFORMATION TO PEACE OFFICER. The department by rule shall establish a procedure by which a peace officer who provides the department with a person s’ driver s’ license number, personal identification certificate number, or vehicle license plate number as part of a motor vehicle stop or other law enforcement inquiry is prohibited from receiving information from the department as to whether the person is the holder of a license issued under this subchapter unless the officer indicates that information is necessary for proper law enforcement purposes related to the person s’ possession or carrying of a handgun. SECTIONi____.iiAs soon as practicable after the effective date of this Act, the Department of Public Safety shall establish the procedure required by Section 411.2055, Government Code, as added by this Act. Amendment No. 1 was adopted. HB 410, as amended, was passed to engrossment. HB 78 ON SECOND READING (by Flynn, Y. Davis, and Gonzalez Toureilles) HB 78, A bill to be entitled An Act relating to the amount of a county expenditure for which competitive bidding is required. HBi78 was passed to engrossment. CSHB 4611 ON SECOND READING (by Oliveira) CSHB 4611, A bill to be entitled An Act relating to the treatment of proceeds from sales of certain loans and securities for purposes of apportionment under the franchise tax. CSHBi4611 was passed to engrossment. (Bonnen in the chair) Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2231

HB 167 ON SECOND READING (by Naishtat, Moody, et al.) HB 167, A bill to be entitled An Act relating to an oral statement regarding the impact of an offense in certain cases involving a violent crime. HBi167 was passed to engrossment. CSHB 4593 ON SECOND READING (by Eiland) CSHB 4593, A bill to be entitled An Act relating to the marketing of shrimp and aquaculture products. CSHBi4593 was passed to engrossment. (Riddle recorded voting no.) HB 2083 ON SECOND READING (by Solomons, Raymond, Marquez, Homer, Branch, et al.) HB 2083, A bill to be entitled An Act relating to determination of state contributions for participation by certain junior college employees in the state employees group benefits program. Amendment No. 1 Representative Solomons offered the following amendment to HBi2083: Amend HB 2083, Section 1, by adding the following subsection: (c) In determining the amount described in subsection (a) the number of eligible employees included for each college in each biennium shall be adjusted in proportion to the change in student enrollment at each college during the reporting period, except that a college that experiences a decline in student enrollment may petition to maintain the number of eligible employees at the same level as the prior biennium. Amendment No. 1 was adopted. HB 2083, as amended, was passed to engrossment. CSHB 216 ON SECOND READING (by Menendez, Naishtat, Y. Davis, and Kent) CSHB 216, A bill to be entitled An Act relating to the regulation of boarding home facilities for persons with disabilities or elderly persons and assisted living facilities. Amendment No. 1 Representative Menendez offered the following amendment to CSHBi216: Amend CSHB 216 (House committee printing) following page 6, line 27, by inserting the following: (c)iiAn owner, operator, or employee of a boarding home facility that holds a permit issued by a county or municipality may not retaliate against an employee of the facility who in good faith makes a complaint to the office of the inspector general of the Health and Human Services Commission, cooperates with the office of the inspector general in an investigation, or reports abuse, neglect, or exploitation of a resident to the Department of Family and Protective Services. Amendment No. 1 was adopted. 2232 81st LEGISLATURE — REGULAR SESSION

Amendment No. 2 Representative Villarreal offered the following amendment to CSHBi216: Amend CSHB 216 (house committee report) on page 8, between lines 16 and 17, by inserting the following: Sec.i254.011.iiEXCLUSION PROHIBITED. If an entity meets the requirements established by a county or municipality under this chapter, the entity may not be excluded from a residential area by zoning ordinances or similar regulations. Amendment No. 2 was adopted. CSHB 216, as amended, was passed to engrossment. (Berman, Christian, Phillips, and Swinford recorded voting no.) CSHB 243 ON SECOND READING (by Alonzo) CSHB 243, A bill to be entitled An Act relating to equipping certain K-9 law enforcement vehicles with heat alarm systems. CSHBi243 was passed to engrossment. (Berman, B. Brown, Flynn, D.iMiller, Phillips, and Riddle recorded voting no.) CSHB 576 ON SECOND READING (by Sheffield, Gattis, Laubenberg, Edwards, Crownover, et al.) CSHB 576, A bill to be entitled An Act relating to the electronic distribution of information to legislators by state agencies. CSHBi576 was passed to engrossment. HB 617 ON SECOND READING (by Isett) HB 617, A bill to be entitled An Act relating to the possession of certain quantities of alcoholic beverages in a dry area. HBi617 was passed to engrossment. CSHB 284 ON SECOND READING (by Anchia, Bohac, Walle, D. Howard, Lucio, et al.) CSHB 284, A bill to be entitled An Act relating to reporting of international shipments of electronic waste. Amendment No. 1 Representative Anchia offered the following amendment to CSHBi284: Amend CSHB 284 (House Committee Report) as follows: (1)iiOn page 1, line 5, strike "361.954" and substitute "361.954(a)". (2)iiOn page 1, line 7, strike "Sec. 361.954. APPLICABILITY.". (3)iiOn page 1, strike lines 13-22. (4)iiOn page 2, line 10, between "equipment" and "from this state" insert "to which this subchapter is applicable". Amendment No. 1 was adopted. CSHB 284, as amended, was passed to engrossment. (Anderson, Berman, Button, Christian, Flynn, Otto, Phillips, Riddle, and Swinford recorded voting no.) Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2233

CSHB 2321 ON SECOND READING (by Homer) CSHB 2321, A bill to be entitled An Act relating to lifetime licenses for hunting and fishing. CSHBi2321 was passed to engrossment. CSHB 1118 ON SECOND READING (by Madden) CSHB 1118, A bill to be entitled An Act relating to the appointment of an administrative judge for drug court programs in this state. Amendment No. 1 Representative Madden offered the following amendment to CSHBi1118: Amend CSHB 1118 as follows: On page 3, line 13, after the period, insert the following: The report shall include the following information in both a statewide aggregated format and broken down for each separate drug court program in Texas: (i) The average recidivism rate of individuals who are referred to drug court programs in this state; (ii) The number and types of crimes for which individuals are referred to drug court programs; (iii) The number and types of crimes committed by individuals after they have been completed all drug court program supervision and monitoring; and, (iv) The number and types of crimes that would not have been committed had individuals referred to drug courts been incarcerated for the duration of the time they were under the supervision of a drug court program. Amendment No. 1 was adopted. Amendment No. 2 Representative Madden offered the following amendment to CSHBi1118: Amend CSHB 1118 as follows: On page 3, between lines 13 and 14, insert subsection (a-1) as follows: (a-1) For the purposes of this section, "effectiveness" means the extent to which a drug court program successfully stops a drug offender from reoffending and the extent to which members of the public are protected from drug crime and drug-related crime. Amendment No. 2 was adopted. CSHB 1118, as amended, was passed to engrossment. (Laubenberg recorded voting no.) HB 1467 ON SECOND READING (by Chisum and Maldonado) HB 1467, A bill to be entitled An Act relating to the purchase or lease by state agencies of vehicles using alternative fuels. HBi1467 was passed to engrossment. 2234 81st LEGISLATURE — REGULAR SESSION

CSHB 829 ON SECOND READING (by Hochberg) CSHB 829, A bill to be entitled An Act relating to the right of persons to pursue remedies under certain laws instead of appealing to the commissioner of education. Amendment No. 1 Representative Farias offered the following amendment to CSHBi829: Amend CSHB 829 as follows: (1)iiOn page 1, line 5, immediately following "amended by", insert "amending Subsection (b) and". (2)iiOn page 1, between lines 10 and 11, insert the following: (b)iiExcept as provided by Subsection (c), the commissioner[,] after due notice to the parties interested[,] shall, not later than the 180th day after the date an appeal under Subsection (a) is filed, hold a hearing and issue a decision without cost to the parties involved. In conducting a hearing under this subsection, the commissioner has the same authority relating to discovery and conduct of a hearing as a hearing examiner has under Subchapter F, Chapter 21. This section does not deprive any party of any legal remedy. SECTIONi2.iiSection 7.057(b), Education Code, as amended by this Act, applies only to an appeal to the commissioner of education filed on or after the effective date of this Act. An appeal to the commissioner of education filed before the effective date of this Act is governed by the law in effect on the date the appeal was filed, and that law is continued in effect for that purpose. (3)iiRenumber subsequent SECTIONS of the bill accordingly. Amendment No. 1 was adopted. CSHB 829, as amended, was passed to engrossment. CSHB 802 ON SECOND READING (by J. Davis, Hardcastle, Naishtat, Zerwas, et al.) CSHB 802, A bill to be entitled An Act relating to the creation of the lifespan respite services program. Amendment No. 1 Representative J. Davis offered the following amendment to CSHBi802: Amend CSHB 802 (house committee printing) on page 1, lines 11 and 12, by striking "provider or a nurse or physician s’ assistant under the direct supervision of a health care provider" and substituting "provider, including a nurse as authorized by Chapter 301, Occupations Code, or a physician assistant as authorized by Chapter 204, Occupations Code". Amendment No. 1 was adopted. CSHB 802, as amended, was passed to engrossment. HB 1614 ON SECOND READING (by B. Brown) HB 1614, A bill to be entitled An Act relating to the punishment for the offense of criminal mischief. HBi1614 was passed to engrossment. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2235

CSHB 1471 ON SECOND READING (by Thibaut, Miklos, Deshotel, Pitts, Guillen, et al.) CSHB 1471, A bill to be entitled An Act relating to foreclosure sales of residential real property. Amendment No. 1 Representative Cook offered the following amendment to CSHBi1471: Amend CSHB 1471 (house committee printing) on page 1, line 15, by striking "90" and substituting "60". Amendment No. 1 was adopted. Amendment No. 2 Representative Kleinschmidt offered the following amendment to CSHBi1471: Amend CSHB 1471 (house committee printing) on page 3, line 9, by striking "residential real property" and substituting "real property used as a debtor s’ residence". Amendment No. 2 was adopted. CSHB 1471, as amended, was passed to engrossment. (Berman, Button, Corte, Fletcher, Flynn, Hunter, Kleinschmidt, Laubenberg, D. Miller, Phillips, Riddle, and Shelton recorded voting no.) (Morrison in the chair) HB 1498 ON SECOND READING (by T. King) HB 1498, A bill to be entitled An Act relating to the information required to be displayed on a license to carry a concealed handgun and the duty of a license holder to keep that information current. HBi1498 was passed to engrossment. HB 1654 ON SECOND READING (by Anchia) HB 1654, A bill to be entitled An Act relating to the appointment of high school deputy registrars. HB 1654 - POINT OF ORDER Representative Christian raised a point of order against further consideration of HB 1654. The point of order was withdrawn. Representative Anchia moved to postpone consideration of HBi1654 until the end of today s’ calendar. The motion prevailed. CSHB 1631 ON SECOND READING (by Harless) CSHB 1631, A bill to be entitled An Act relating to certain notice requirements regarding possessory liens on certain motor vehicles; providing a criminal penalty. 2236 81st LEGISLATURE — REGULAR SESSION

Representative Harless moved to postpone consideration of CSHBi1631 until 10 a.m. Tuesday, May 5. The motion prevailed. HB 1771 ON SECOND READING (by Chavez and S. Turner) HB 1771, A bill to be entitled An Act relating to the reduction in value or abandonment of stored value cards. HBi1771 was passed to engrossment. (Anderson, Berman, B. Brown, Button, Christian, Flynn, Harper-Brown, Hunter, Laubenberg, Parker, Paxton, Phillips, Riddle, and Shelton recorded voting no.) HB 1886 ON SECOND READING (by Miklos) HB 1886, A bill to be entitled An Act relating to enforcement of a juvenile curfew ordinance. Amendment No. 1 Representative Christian offered the following amendment to HBi1886: Amend HB 1886 (House Committee Report) as follows: (1)iiOn page 1, strike lines 7-8 and substitute the following: CERTAIN GENERAL-LAW OR HOME-RULE MUNICIPALITIES. (a) This section applies only to a general-law or home-rule municipality for which the governing body has adopted one or more juvenile curfew ordinances and, if any of those ordinances prohibits juveniles from being in public places during weekday daytime hours, the ordinance exempts during those hours home-schooled students who have permission from a parent or guardian to be in a public place. (b)iiThe governing body of a municipality to which this section applies (2)iiOn page 1, line 9, strike "ordinance". (3)iiOn page 1, line 11, strike "the ordinance" and substitute "a juvenile curfew ordinance adopted by the governing body". Amendment No. 1 was adopted. HB 1886, as amended, was passed to engrossment. (Anderson, Berman, B.iBrown, Christian, Eissler, Harper-Brown, Hughes, Hunter, Keffer, Laubenberg, Otto, Parker, Paxton, Phillips, Riddle, and Vaught recorded voting no.) HB 2063 ON SECOND READING (by Callegari and Creighton) HB 2063, A bill to be entitled An Act relating to the enforcement of rules by a groundwater conservation district. Amendment No. 1 Representative Villarreal offered the following amendment to HBi2063: Amend SECTION 1 of HB 2063 to add (d): Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2237

(d) Section 36.102, Water Code, as amended by this Act, shall not affect any actions or lawsuits filed, pending or on appeal at the time this Act becomes effective. An order pursuant to a violation that occurs before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose. Amendment No. 1 failed of adoption. Representative Callegari moved to postpone consideration of HBi2063 until the end of today s’ calendar. The motion prevailed. (Bohac now present) CSHB 1912 ON SECOND READING (by Rodriguez, Hughes, S. King, Herrero, and Naishtat) CSHB 1912, A bill to be entitled An Act relating to the Transitional Living Services Program and the Preparation for Adult Living Program for foster children transitioning to independent living. CSHB 1912 - STATEMENT OF LEGISLATIVE INTENT REPRESENTATIVE RODRIGUEZ: It is my intent that the workgroup created in this bill review the level of care system and CPS licensing standards to identify provisions that interfere with effective experiential transitional living services for older foster youth. The report required to be submitted by the workgroup should include recommendations regarding statutory and regulatory changes that need to be made to the level of care and licensing systems to accommodate and encourage experiential life skills training in foster homes. CSHBi1912 was passed to engrossment. (Berman, Button, Christian, Flynn, and Riddle recorded voting no.) HB 2230 ON SECOND READING (by Parker and Pen˜a) HB 2230, A bill to be entitled An Act relating to liability for interest if land designated for agricultural use for ad valorem tax purposes is sold or diverted to a nonagricultural use. Representative Parker moved to postpone consideration of HBi2230 until 10ia.m. tomorrow. The motion prevailed. HB 2115 ON SECOND READING (by Moody) HB 2115, A bill to be entitled An Act relating to the punishment prescribed for the offense of bail jumping and failure to appear. HBi2115 was passed to engrossment. HB 2127 ON SECOND READING (by Giddings) HB 2127, A bill to be entitled An Act relating to regulations regarding the sale of plastic bulk merchandise containers; providing a criminal penalty. HBi2127 was passed to engrossment. 2238 81st LEGISLATURE — REGULAR SESSION

HB 2876 ON SECOND READING (by Patrick) HB 2876, A bill to be entitled An Act relating to the authority of an administrative law judge to order the release of certain information relating to a child abuse and neglect investigation. HB 2876 - STATEMENT OF LEGISLATIVE INTENT REPRESENTATIVE GUTIERREZ: Representative Patrick, you and I had a discussion about your bill earlier today, did we not? You and I discussed this bill earlier this afternoon? REPRESENTATIVE PATRICK: Yes, thank you. GUTIERREZ: My concern is—and I think I m’ okay with this bill—my concern is that this information would not be subject to being disseminated publicly, but rather just simply to the parties in the court, within the court itself, correct? PATRICK: Correct. The law already restricts the use of these records if a judge orders them to be released. They can be used only for the purposes that are consistent with the Family Code and applicable federal or state laws on CPS rules. Thank you for bringing that to our attention. GUTIERREZ: Yes, Representative Patrick, and the reason for it is that we have a criminal system and we have a civil system where the FPS can go in there and take the children and get them away from this neglect. My concern is the abuse of a system where something may or may not happen that never rose to that level, to that secondary level—that primary level, rather. So with that in mind, I think that the bill is okay. REMARKS ORDERED PRINTED Representative Gutierrez moved to print remarks between Representative Patrick and Representative Gutierrez. The motion prevailed. Amendment No. 1 Representative Patrick offered the following amendment to HBi2876: Amend HB 2876, on page 1, by striking lines 8 through 14 and substituting the following: (b-1)iiOn a motion of one of the parties in a contested case before an administrative law judge relating to the license or certification of a professional, as defined by Section 261.101(b), or an educator, as defined by Section 5.001, Education Code, the administrative law judge may order the disclosure of information that is confidential under this section that relates to the matter before the administrative law judge after a hearing for which notice is provided as required by Subsection (b)(2) and making the review and determination required by Subsection (b)(3). Before the department may release information under this subsection, the department must edit the information to protect the confidentiality of the identity of any person who makes a report of abuse or neglect. Amendment No. 1 was adopted. HB 2876, as amended, was passed to engrossment. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2239

HB 2149 ON SECOND READING (by Lewis, et al.) HB 2149, A bill to be entitled An Act relating to the liability of public servants of certain governmental units for property damage. HBi2149 was passed to engrossment. (Rose recorded voting no.) CSHB 2161 ON SECOND READING (by S. Turner and Marquez) CSHB 2161, A bill to be entitled An Act relating to the issuance of a personal identification certificate to present or former inmates of the Texas Department of Criminal Justice. Amendment No. 1 Representative S. Turner offered the following amendment to CSHBi2161: Amend CSHB 2161 (house committee printing) by striking all below the enacting clause and substituting the following: SECTIONi1.iiSection 501.015(a), Government Code, is amended to read as follows: (a)iiWhen an inmate is discharged or is released on parole, mandatory supervision, or conditional pardon, the department [institutional division] shall provide the inmate with: (1)iisuitable civilian clothing; (2)iimoney held in the inmate s’ trust account by the director; [and] (3)iicash, in an amount and in the manner described by Subsection (b); and (4)iia personal identification certificate obtained under Section 501.0165, if available. SECTIONi2.iiSubchapter A, Chapter 501, Government Code, is amended by adding Section 501.0165 to read as follows: Sec.i501.0165.iiSTATE-ISSUED IDENTIFICATION; NECESSARY DOCUMENTATION. (a) Before discharging an inmate or releasing an inmate on parole, mandatory supervision, or conditional pardon, the department shall: (1)iidetermine whether the inmate has: (A)iia valid license issued under Chapter 521 or 522, Transportation Code; or (B)iia valid personal identification certificate issued under Chapter 521, Transportation Code; and (2)iiif the inmate does not have a valid license or certificate described by Subdivision (1), submit to the Department of Public Safety on behalf of the inmate a request for the issuance of a personal identification certificate under Chapter 521, Transportation Code. (b)iiThe department shall submit a request under Subsection (a)(2) as soon as is practicable to enable the department to provide the inmate with the personal identification certificate when the department discharges or releases the inmate. (c)iiThe department, the Department of Public Safety, and the bureau of vital statistics of the Department of State Health Services shall by rule adopt a memorandum of understanding that establishes their respective responsibilities with respect to the issuance of a personal identification certificate to an inmate, including responsibilities related to verification of the inmate s’ identity. 2240 81st LEGISLATURE — REGULAR SESSION

(d)iiThe department shall reimburse the Department of Public Safety or the Department of State Health Services for any costs incurred by those agencies in performing responsibilities established under this section. (e)iiThis section does not apply to an inmate who: (1)iiis not legally present in the United States; or (2)iiwas not a resident of this state before the person was placed in the custody of the department. SECTIONi3.iiThis Act takes effect September 1, 2009. Amendment No. 1 was adopted. CSHB 2161, as amended, was passed to engrossment. (Christian, Flynn, Harper-Brown, Hunter, Laubenberg, D. Miller, Parker, Paxton, Phillips, and Riddle recorded voting no.) HB 1003 ON SECOND READING (by Bolton, Herrero, and Moody) HB 1003, A bill to be entitled An Act relating to notice provided to certain victims or witnesses regarding certain inmates or defendants who are electronically monitored. HBi1003 was passed to engrossment. CSHB 90 ON SECOND READING (by Martinez, Gonzales, Gonzalez Toureilles, Menendez, et al.) CSHB 90, A bill to be entitled An Act relating to the sale of toy-like lighters in this state; imposing a penalty. Amendment No. 1 Representative Martinez offered the following amendment to CSHBi90: Amend CSHB 90 (House committee printing) on page 1, line 13, between "characters," and "guns," by inserting "telephones,". Amendment No. 1 was adopted. CSHB 90, as amended, was passed to engrossment. (Berman, Flynn, Harper-Brown, Laubenberg, Phillips, and Riddle recorded voting no.) HB 93 ON SECOND READING (by Hodge and Guillen) HB 93, A bill to be entitled An Act relating to the restoration of good conduct time forfeited during a term of imprisonment. HBi93 was passed to engrossment. (Berman, Bohac, B. Brown, Button, Christian, Harper-Brown, Hunter, Laubenberg, D. Miller, Otto, Parker, Paxton, Phillips, Riddle, Rose, Shelton, and Swinford recorded voting no.) CSHB 1169 ON SECOND READING (by Martinez and Guillen) CSHB 1169, A bill to be entitled An Act relating to grants for federally qualified health centers. Representative Martinez moved to postpone consideration of CSHBi1169 until 10 a.m. Tuesday, May 5. The motion prevailed. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2241

HB 4136 ON SECOND READING (by Rios Ybarra, et al.) HB 4136, A bill to be entitled An Act relating to sealing court records containing medical information for children who are victims of certain offenses. Representative Thibaut moved to postpone consideration of HBi4136 until 10 a.m. tomorrow. The motion prevailed. HB 94 ON SECOND READING (by Hodge) HB 94, A bill to be entitled An Act relating to the application of laws awarding credit to an inmate for time between release on and subsequent revocation of parole, mandatory supervision, or conditional pardon. HBi94 was passed to engrossment. (Bohac, Button, Flynn, Phillips, and Rose recorded voting no.) POSTPONED BUSINESS The following joint resolutions were laid before the house as postponed business: CSHJR 116 ON SECOND READING (by Corte) CSHJR 116, A joint resolution proposing a constitutional amendment authorizing the Veterans ’ Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized. CSHJR 116 was read second time earlier today and was postponed until this time. CSHJRi116 was adopted by (Record 440): 144 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; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; 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(C); Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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. 2242 81st LEGISLATURE — REGULAR SESSION

Absent, Excused — Chisum; Driver; Heflin; Miller, S. Absent — King, S. STATEMENT OF VOTE When Record No. 440 was taken, my vote failed to register. I would have voted yes. S. King GENERAL STATE CALENDAR (consideration continued) HB 3006 ON SECOND READING (by Coleman and Alvarado) HB 3006, A bill to be entitled An Act relating to the authority of certain municipalities to impose term limits on the members of their governing bodies. Representative Alvarado moved to postpone consideration of HBi3006 until 10 a.m. tomorrow. The motion prevailed. HB 494 ON SECOND READING (by Zerwas, et al.) HB 494, A bill to be entitled An Act relating to involuntary termination of parental rights based on attempted murder or solicitation of murder of the child s’ other parent. Representative Zerwas moved to postpone consideration of HBi494 until 10ia.m. Thursday, May 7. The motion prevailed. CSHB 171 ON SECOND READING (by Olivo) CSHB 171, A bill to be entitled An Act relating to consideration of mitigating factors in determining appropriate disciplinary action to be taken against a public school student. CSHBi171 was passed to engrossment. (Berman, B. Brown, Christian, Fletcher, Flynn, Harper-Brown, Hunter, Laubenberg, D. Miller, Parker, Paxton, Riddle, and Swinford recorded voting no.) HB 775 ON SECOND READING (by Miklos, Fletcher, Weber, C. Turner, Edwards, et al.) HB 775, A bill to be entitled An Act relating to the penalty for theft of a central air-conditioning unit. HBi775 was passed to engrossment. HB 422 ON SECOND READING (by Guillen) HB 422, A bill to be entitled An Act relating to information provided to a person applying for a state tax permit or license. HBi422 was passed to engrossment. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2243

CSHB 623 ON SECOND READING (by Harless, Alvarado, and Riddle) CSHB 623, A bill to be entitled An Act relating to the regulation of massage establishments in certain counties. CSHBi623 was passed to engrossment. CSHB 4397 ON SECOND READING (by Deshotel) CSHB 4397, A bill to be entitled An Act relating to payoff statements provided in connection with certain home loans. Amendment No. 1 Representative Deshotel offered the following amendment to CSHBi4397: Amend CSHB 4397 as follows: (1)iiOn page 1, line 7, strike the underlined colon and substitute ",". (2)iiOn page 1, line 8, strike "(1) Mortgagee," and substitute "mortgagee,". (3)iiOn page 1, lines 8 and 9, strike ""mortgagor," and "security instrument" have" and substitute "and "mortgagor" have". (4)iiOn page 1, strike lines 11 through 17, and substitute the following: (b)iiThe finance commission shall adopt rules governing requests by title insurance companies for payoff information from mortgage servicers related to home loans and the provision of that information, including rules prescribing a standard payoff statement form that must be used by mortgage servicers to provide those payoff statements. (5)iiOn page 1, line 18, strike "(b) Not later than the fifth business day after the date" and substitute "(c) In adopting rules under Subsection (b), the finance commission shall require". (6)iiOn page 1, line 19, between "servicer" and "receives", insert "who". (7)iiOn page 1, lines 20 and 21, strike "mortgagor or a person acting on behalf of the mortgagor, the mortgage servicer shall" and substitute "title insurance company to". (8)iiOn page 1, lines 21 and 22, strike "to the requestor". (9)iiOn page 1, lines 22 and 23, strike "as prescribed by this section" and substitute "within a time prescribed by finance commission rule, which must allow the mortgage servicer at least three business days after the date the request is received to deliver the payoff statement". (10)iiStrike page 1, line 24, through page 3, line 13, and substitute the following: (d)iiThe standard payoff statement form prescribed by the finance commission under Subsection (b) must require that a completed form: (1)iistate the proposed closing date for the sale and purchase of the real property securing the home loan or for any other transaction that would involve the payoff of the home loan or other debt secured by the property, as specified by the title insurance company s’ request; and (2)iiprovide a payoff amount that is valid through that date. (11)iiOn page 3, line 16, between "of this section" and "in response", insert "and rules adopted under this section". (12)iiOn page 3, line 17, strike "made in accordance with the section". (13)iiOn page 3, lines 21 and 22, strike "notices that a material" and substitute "discovers that an". 2244 81st LEGISLATURE — REGULAR SESSION

(14)iiOn page 4, lines 7 and 8, strike "and the transaction referenced in the payoff statement is closed," and substitute ", the mortgage servicer or mortgagee fails to correct the payoff statement in accordance with Subsection (f), and the mortgage servicer receives payment in the amount specified in the payoff statement,". (15)iiOn page 4, lines 11 and 12, strike "a mortgagor pays the unpaid balance and the interest on a per diem amount calculated through the proposed closing date" and substitute "the mortgage servicer receives payment in the amount". (16)iiOn page 4, line 13, strike "received under this section". (17)iiOn page 4, line 16, between "obligations" and "are", insert "covered by the payoff statement, if any,". (18)iiStrike page 4, line 23, through page 5, line 1. Amendment No. 1 was adopted. CSHB 4397, as amended, was passed to engrossment. POSTPONED BUSINESS The following bills were laid before the house as postponed business: HB 1654 ON SECOND READING (by Anchia) HB 1654, A bill to be entitled An Act relating to the appointment of high school deputy registrars. HB 1654 was read second time earlier today, a point of order was withdrawn, and HB 1654 was postponed until this time. HB 1654 - RECOMMITTED Representative Anchia moved to recommit HBi1654 to the Committee on Elections. The motion prevailed. HB 2063 ON SECOND READING (by Callegari and Creighton) HB 2063, A bill to be entitled An Act relating to the enforcement of rules by a groundwater conservation district. HB 2063 was read second time earlier today, an amendment was offered and disposed of, and HB 2063 was postponed until this time. Amendment No. 2 Representative Villarreal offered the following amendment to HBi2063: Amend HB 2063 on page 2, between lines 1 and 2, insert the following appropriately numbered SECTION and renumber the remaining SECTION accordingly: SECTIONi____.iiThe change in law made by this Act to Section 36.102, Water Code, does not affect an action, lawsuit, or appeal filed before the effective date of this Act. Section 36.102, Water Code, as amended by this Act applies only to an action, lawsuit, or appeal filed on or after the effective date of this Act. An action filed before the effective date of this Act is covered by the law in effect when the action was filed, and the former law is continued in effect for that purpose. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2245

Amendment No. 2 was adopted. HB 2063, as amended, was passed to engrossment. LEAVE OF ABSENCE GRANTED The following member was granted leave of absence for the remainder of today because of important business in the district: Coleman on motion of Farrar. (Speaker in the chair) CONSTITUTIONAL RULE SUSPENDED Representative Solomons moved to suspend the constitutional rule requiring bills to be read on three several days and to place HB 3450, SB 187, HB 1487, HB 1914, HB 1634, HB 1474, HB 1058, HB 1995, HB 796, HB 548, HB 1433, HB 428, HB 646, HB 453, HB 2664, HB 2276, HB 140, HB 410, HB 78, HB 4611, HB 167, HB 4593, HB 2083, HB 216, HB 243, HB 576, HB 617, HBi284, HB 2321, HB 1118, HB 1467, HB 829, HB 802, HB 1614, HB 1471, HBi1498, HB 1771, HB 1886, HB 1912, HB 2115, HB 2127, HB 2876, HB 2149, HB 2161, HB 1003, HB 90, HB 93, HB 94, HB 171, HB 775, HB 422, HB 623, HB 4397, and HB 2063 on third reading and final passage. The motion prevailed by (Record 441): 141 Yeas, 3 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; Christian; Cohen; Cook; Corte; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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; 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; Pen˜a; 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 — Crabb; Elkins; Legler. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. HB 4833 - PERMISSION TO INTRODUCE Representative Hunter requested permission to introduce and have placed on first reading HBi4833. Permission to introduce was granted by (Record 442): 141 Yeas, 0 Nays, 1 Present, not voting. 2246 81st LEGISLATURE — REGULAR SESSION

Yeas — Allen; Alonzo; Alvarado; Anchia; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Anderson; Dutton; Edwards. COMMITTEE MEETING ANNOUNCEMENTS The following committee meetings were announced: Public Safety, upon recess today, Desk 17, for a formal meeting, to consider pending business. Corrections, upon recess today, Desk 30, for a formal meeting, to consider pending business. Public Education, upon recess today, 3W.9, for a formal meeting, to consider pending business. Culture, Recreation, and Tourism, upon recess today, Desk 8, for a formal meeting, to consider pending business and items eligible. Border and Intergovernmental Affairs, upon recess today, Desk 127, for a formal meeting, to consider pending business. Rules and Resolutions, upon recess today, 1W.14, for a formal meeting, to consider the calendar. Elections, 2 p.m. today, Desk 69, for a formal meeting, to consider pending business. RECESS At 1:29 p.m., the speaker announced that the house would stand recessed until 2:15 p.m. today. AFTERNOON SESSION The house met at 2:15 p.m. and was called to order by the speaker. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2247

HR 1750 - ADOPTED (by Farabee) Representative Farabee moved to suspend all necessary rules to take up and consider at this time HRi1750. The motion prevailed. The following resolution was laid before the house: HR 1750, Commemorating the 25th anniversary of the Mass Communication Department at Midwestern State University in Wichita Falls. HR 1750 was adopted. SB 187 ON THIRD READING (Lucio - House Sponsor) SB 187, A bill to be entitled An Act relating to a Medicaid buy-in program for certain children with disabilities. SBi187 was read third time and was passed by (Record 443): 124 Yeas, 6 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Christian; Cohen; Cook; Corte; Creighton; Crownover; Davis, J.; Davis, Y.; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gattis; Geren; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Hernandez; Herrero; Hilderbran; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; 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; Patrick; Pen˜a; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley. Nays — Callegari; Crabb; Harper-Brown; Laubenberg; Paxton; Phillips. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Aycock; Craddick; Darby; Deshotel; Edwards; Gallego; Giddings; Hochberg; Legler; Parker; Rodriguez; Rose; Turner, S.; Zerwas. STATEMENTS OF VOTE When Record No. 443 was taken, I was in the house but away from my desk. I would have voted yes. Aycock When Record No. 443 was taken, I was in the house but away from my desk. I would have voted yes. Craddick 2248 81st LEGISLATURE — REGULAR SESSION

When Record No. 443 was taken, I was in the house but away from my desk. I would have voted yes. Giddings When Record No. 443 was taken, I was in the house but away from my desk. I would have voted yes. Parker When Record No. 443 was taken, I was in the house but away from my desk. I would have voted yes. Rodriguez HB 3450 ON THIRD READING (by Legler, Anchia, W. Smith, et al.) HB 3450, A bill to be entitled An Act relating to a temporary faculty license for chiropractic faculty. HBi3450 was read third time and was passed by (Record 444): 136 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; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gattis; Geren; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; 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; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Callegari; Edwards; Gallego; Giddings; Hochberg; Hodge; Rodriguez; Rose. STATEMENTS OF VOTE When Record No. 444 was taken, I was in the house but away from my desk. I would have voted yes. Callegari When Record No. 444 was taken, I was in the house but away from my desk. I would have voted yes. Giddings Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2249

When Record No. 444 was taken, I was in the house but away from my desk. I would have voted yes. Hodge When Record No. 444 was taken, I was in the house but away from my desk. I would have voted yes. Rodriguez When Record No. 444 was taken, I was in the house but away from my desk. I would have voted yes. Rose HB 1487 ON THIRD READING (by Pitts and Guillen) HB 1487, A bill to be entitled An Act relating to the alignment of certain Medicaid procedures regarding written orders for diabetic equipment and supplies with comparable Medicare written order procedures. HBi1487 was read third time and was passed by (Record 445): 135 Yeas, 1 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Hernandez; Herrero; Hilderbran; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; 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 — Laubenberg. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Callegari; Craddick; Edwards; Gallego; Harper-Brown; Hochberg; McClendon; Rodriguez. STATEMENTS OF VOTE When Record No. 445 was taken, I was in the house but away from my desk. I would have voted yes. Callegari When Record No. 445 was taken, I was in the house but away from my desk. I would have voted yes. Rodriguez 2250 81st LEGISLATURE — REGULAR SESSION

HB 1914 ON THIRD READING (by McReynolds and Christian) HB 1914, A bill to be entitled An Act relating to abolishing the Private Sector Prison Industries Oversight Authority and to the certification and operation of private sector prison industries programs. HB 1914 was read third time. Amendment No. 1 Representative McReynolds offered the following amendment to HBi1914: Amend HB 1914 on third reading on page 7 of the bill by striking lines 5-13 and substituting the following: (b)iiThe [To construct more facilities and increase the number of participants, the] private sector prison industry [expansion] account is created as an account in the general revenue fund. Money in the account may be appropriated only to: (1)ii[construct work facilities,] recruit corporations to participate as private sector industries programs; (2)ii[, and] pay costs of the board [authority] and department in implementing this subchapter, including the cost to the department in reimbursing board [authority] members [and the employer liaison] for expenses; and (3)iipay costs associated with the storage of evidence: (A)iicontaining biological material and used in the prosecution and conviction of an offense; or (B)iiof a sexual assault or other sex offense. Amendment No. 1 was adopted. HB 1914, as amended, was passed by (Record 446): 139 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; 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; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; England; Gallego; Hochberg; Oliveira. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2251

STATEMENT OF VOTE I was shown voting yes on Record No. 446. I intended to vote no. Hodge HB 1634 ON THIRD READING (by T. Smith) HB 1634, A bill to be entitled An Act relating to the release of a motor vehicle accident report or certain information in a motor vehicle accident report; providing penalties. HB 1634 was read third time. Amendment No. 1 Representative T. Smith offered the following amendment to HBi1634: Amend HB 1634 as follows: (1) On page 4, line 24 between "by" and "electronic", insert "or "by other means". (2) On page 5, line 6, strike "and certifies that" and substitute "or a letter of authorization from the insurer authorizing obtaining the report for insurance purposes only that certifies". Amendment No. 1 was adopted. HB 1634, as amended, was passed by (Record 447): 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Eiland. 2252 81st LEGISLATURE — REGULAR SESSION

PROVIDING FOR A LOCAL, CONSENT, AND RESOLUTIONS CALENDAR Representative Thompson moved to set a local, consent, and resolutions calendar for 10 a.m. Tuesday, May 5. The motion prevailed. COMMITTEE GRANTED PERMISSION TO MEET Representative Thompson requested permission for the Committee on Local and Consent Calendars to meet while the house is in session, at 2:40 p.m. today, in 2W.6, to consider the calendar. Permission to meet was granted. COMMITTEE MEETING ANNOUNCEMENT The following committee meeting was announced: Local and Consent Calendars, 2:40 p.m. today, 2W.6, for a formal meeting, to consider the calendar. HB 1474 ON THIRD READING (by Geren) HB 1474, A bill to be entitled An Act relating to the operation and regulation of charitable bingo and the use of bingo proceeds. HBi1474 was read third time and was passed by (Record 448): 125 Yeas, 16 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Bohac; Bolton; Branch; Brown, B.; Burnam; Button; Callegari; Castro; Chavez; Cohen; Cook; Corte; Craddick; Creighton; Crownover; Darby; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; England; Farabee; Farias; Farrar; Flores; Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; 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; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Woolley; Zerwas. Nays — Berman; Bonnen; Brown, F.; Christian; Crabb; Davis, J.; Eissler; Elkins; Fletcher; Flynn; Howard, C.; Paxton; Riddle; Smithee; Swinford; Weber. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Gallego; Rose. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2253

STATEMENT OF VOTE I was shown voting yes on Record No. 448. I intended to vote no. Anderson HB 1058 ON THIRD READING (by Solomons) HB 1058, A bill to be entitled An Act relating to the receipt of death benefits in the workers ’compensation system. HBi1058 was read third time and was passed by (Record 449): 138 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; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; 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; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Callegari; Craddick; Gallego; King, P.; Morrison; Rose. STATEMENT OF VOTE When Record No. 449 was taken, I was in the house but away from my desk. I would have voted yes. Callegari HB 1995 ON THIRD READING (by McCall and Button) HB 1995, A bill to be entitled An Act relating to the liability of volunteer audiologists and speech-language pathologists who provide certain speech, language, and hearing evaluations. HBi1995 was read third time and was passed by (Record 450): 139 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; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; 2254 81st LEGISLATURE — REGULAR SESSION

Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Callegari; Edwards; Gallego; Hartnett; Smith, W. STATEMENT OF VOTE When Record No. 450 was taken, I was in the house but away from my desk. I would have voted yes. Callegari HB 796 ON THIRD READING (by T. Smith) HB 796, A bill to be entitled An Act relating to the disposition of property alleged to have been illegally acquired and to the use of the photographic evidence of that property in a criminal action. HBi796 was read third time and was passed by (Record 451): 138 Yeas, 0 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; 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; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Bolton; Callegari; Craddick; Edwards; King, S.; Pierson. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2255

STATEMENTS OF VOTE When Record No. 451 was taken, I was in the house but away from my desk. I would have voted yes. Callegari When Record No. 451 was taken, my vote failed to register. I would have voted yes. S. King HB 548 ON THIRD READING (by Pickett) HB 548, A bill to be entitled An Act relating to the impoundment of certain motor vehicles involved in the commission of the offense of racing on a highway. HBi548 was read third time and was passed by (Record 452): 139 Yeas, 0 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jones; Keffer; Kent; King, P.; 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; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Bolton; Callegari; Edwards; Jackson; King, S. STATEMENTS OF VOTE When Record No. 452 was taken, I was in the house but away from my desk. I would have voted yes. Callegari When Record No. 452 was taken, my vote failed to register. I would have voted yes. S. King 2256 81st LEGISLATURE — REGULAR SESSION

HB 1433 ON THIRD READING (by Lucio) HB 1433, A bill to be entitled An Act relating to the amount of the annual water quality fee imposed on holders of wastewater discharge permits and on users of water. HBi1433 was read third time and was passed by (Record 453): 93 Yeas, 46 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Bolton; Burnam; Button; Castro; Cohen; Corte; Crownover; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hartnett; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kuempel; Leibowitz; Lucio; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Pen˜a; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Smith, T.; Smith, W.; Strama; Taylor; Thibaut; Thompson; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle. Nays — Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Christian; Cook; Crabb; Creighton; Darby; Eissler; Elkins; Fletcher; Flynn; Gattis; Geren; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Isett; Kolkhorst; Laubenberg; Legler; Lewis; Madden; Miller, D.; Parker; Patrick; Paxton; Phillips; Riddle; Sheffield; Shelton; Smithee; Solomons; Swinford; Truitt; Weber; Woolley; Zerwas. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Chavez; Craddick; Edwards; Hernandez; Rose. STATEMENTS OF VOTE I was shown voting yes on Record No. 453. I intended to vote no. Button I was shown voting yes on Record No. 453. I intended to vote no. Corte I was shown voting yes on Record No. 453. I intended to vote no. Hilderbran I was shown voting yes on Record No. 453. I intended to vote no. Keffer I was shown voting yes on Record No. 453. I intended to vote no. Kent I was shown voting yes on Record No. 453. I intended to vote no. Maldonado Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2257

I was shown voting yes on Record No. 453. I intended to vote no. Marquez I was shown voting yes on Record No. 453. I intended to vote no. Moody I was shown voting yes on Record No. 453. I intended to vote no. Pierson I was shown voting yes on Record No. 453. I intended to vote no. Thibaut I was shown voting yes on Record No. 453. I intended to vote no. C. Turner HB 428 ON THIRD READING (by Castro) HB 428, A bill to be entitled An Act relating to standing for certain individuals to file a suit affecting the parent-child relationship. HBi428 was read third time and was passed by (Record 454): 141 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; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Callegari; Edwards; Rose. HB 646 ON THIRD READING (by Hughes) HB 646, A bill to be entitled An Act relating to the participation of this state in the Southern High-Speed Rail Compact. HBi646 was read third time and was passed by (Record 455): 143 Yeas, 0 Nays, 1 Present, not voting. 2258 81st LEGISLATURE — REGULAR SESSION

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards. HB 453 ON THIRD READING (by Gonzalez Toureilles and T. King) HB 453, A bill to be entitled An Act relating to the use of auction proceeds from the sale of certain abandoned motor vehicles to compensate certain property owners. HBi453 was read third time and was passed by (Record 456): 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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). Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2259

Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Mallory Caraway. HB 2664 ON THIRD READING (by Ritter) HB 2664, A bill to be entitled An Act relating to creating a defense to prosecution for the offense of unlawful carrying of a handgun by a license holder on the premises of certain businesses. HBi2664 was read third time and was passed by (Record 457): 143 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards. HB 2276 ON THIRD READING (by Hunter) HB 2276, A bill to be entitled An Act relating to the use of state hotel occupancy tax revenue to clean and maintain beaches in certain municipalities. HBi2276 was read third time and was passed by (Record 458): 143 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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; 2260 81st LEGISLATURE — REGULAR SESSION

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; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards. HB 140 ON THIRD READING (by Gonzalez Toureilles, Homer, Hughes, Kleinschmidt, Paxton, et al.) HB 140, A bill to be entitled An Act relating to the use or display under certain circumstances of an expired license to carry a concealed handgun. HBi140 was read third time and was passed by (Record 459): 139 Yeas, 0 Nays, 1 Present, not voting. Yeas — Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Allen; Burnam; Edwards; Hancock; Orr. HB 410 ON THIRD READING (by Isett, Homer, Legler, Eiland, Harper-Brown, et al.) HB 410, A bill to be entitled An Act relating to the requirement under certain circumstances that a license holder display their license to carry a concealed handgun. HBi410 was read third time and was passed by (Record 460): 141 Yeas, 0 Nays, 1 Present, not voting. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2261

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Burnam; Edwards; Menendez. STATEMENT OF VOTE When Record No. 460 was taken, I was in the house but away from my desk. I would have voted yes. Menendez HB 78 ON THIRD READING (by Flynn, Y. Davis, and Gonzalez Toureilles) HB 78, A bill to be entitled An Act relating to the amount of a county expenditure for which competitive bidding is required. HBi78 was read third time and was passed by (Record 461): 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; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; 2262 81st LEGISLATURE — REGULAR SESSION

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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Castro; Edwards. HB 4611 ON THIRD READING (by Oliveira) HB 4611, A bill to be entitled An Act relating to the treatment of proceeds from sales of certain loans and securities for purposes of apportionment under the franchise tax. HBi4611 was read third time and was passed by (Record 462): 139 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; 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; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Chavez; Edwards; Gutierrez; Leibowitz; Oliveira. STATEMENT OF VOTE When Record No. 462 was taken, I was in the house but away from my desk. I would have voted yes. Chavez HB 167 ON THIRD READING (by Naishtat, Moody, et al.) HB 167, A bill to be entitled An Act relating to an oral statement regarding the impact of an offense in certain cases involving a violent crime. HBi167 was read third time and was passed by (Record 463): 141 Yeas, 0 Nays, 1 Present, not voting. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2263

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; 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; 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; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Gutierrez; Maldonado. HB 4593 ON THIRD READING (by Eiland) HB 4593, A bill to be entitled An Act relating to the marketing of shrimp and aquaculture products. HBi4593 was read third time and was passed by (Record 464): 122 Yeas, 20 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Burnam; Button; Castro; Chavez; Cohen; Cook; Crabb; Craddick; Crownover; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, T.; Kolkhorst; Kuempel; Legler; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Olivo; Orr; Ortiz; Otto; Parker; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas. 2264 81st LEGISLATURE — REGULAR SESSION

Nays — Aycock; Brown, F.; Callegari; Christian; Corte; Creighton; Darby; Elkins; Fletcher; Flynn; Hartnett; Hilderbran; Kleinschmidt; Laubenberg; Lewis; Patrick; Paxton; Riddle; Sheffield; Smithee. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — King, S.; Oliveira. STATEMENT OF VOTE I was shown voting no on Record No. 464. I intended to vote yes. Hilderbran HB 2083 ON THIRD READING (by Solomons, Raymond, Marquez, Homer, Branch, et al.) HB 2083, A bill to be entitled An Act relating to determination of state contributions for participation by certain junior college employees in the state employees group benefits program. HBi2083 was read third time and was passed by (Record 465): 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Zerwas. HB 216 ON THIRD READING (by Menendez, Naishtat, Y. Davis, and Kent) HB 216, A bill to be entitled An Act relating to the regulation of boarding home facilities for persons with disabilities or elderly persons and assisted living facilities. HBi216 was read third time and was passed by (Record 466): 140 Yeas, 2 Nays, 1 Present, not voting. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2265

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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 — Christian; Phillips. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Eiland. STATEMENTS OF VOTE I was shown voting yes on Record No. 466. I intended to vote no. Berman When Record No. 466 was taken, I was in the house but away from my desk. I would have voted yes. Eiland HB 243 ON THIRD READING (by Alonzo) HB 243, A bill to be entitled An Act relating to equipping certain K-9 law enforcement vehicles with heat alarm systems. HBi243 was read third time and was passed by (Record 467): 124 Yeas, 16 Nays, 2 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Berman; Bohac; Bolton; Branch; Brown, B.; Burnam; Button; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hancock; Hardcastle; Harless; Harper-Brown; Hernandez; Herrero; Hilderbran; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; Pickett; Pierson; Pitts; 2266 81st LEGISLATURE — REGULAR SESSION

Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas. Nays — Aycock; Bonnen; Callegari; Elkins; Fletcher; Flynn; Hamilton; Hartnett; Hunter; Jackson; Kleinschmidt; Lewis; Miller, D.; Phillips; Riddle; Swinford. Present, not voting — Mr. Speaker(C); Brown, F. Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Hodge; Menendez. STATEMENTS OF VOTE I was shown voting yes on Record No. 467. I intended to vote no. Berman I was shown voting yes on Record No. 467. I intended to vote no. Branch I was shown voting yes on Record No. 467. I intended to vote no. Corte I was shown voting yes on Record No. 467. I intended to vote no. Hilderbran HB 576 ON THIRD READING (by Sheffield, Gattis, Laubenberg, Edwards, Crownover, et al.) HB 576, A bill to be entitled An Act relating to the electronic distribution of information to legislators by state agencies. HBi576 was read third time and was passed by (Record 468): 139 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; 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; 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.; Moody; Morrison; Naishtat; 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. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2267

Nays — Branch. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Deshotel; Edwards; Oliveira; Pen˜a. STATEMENTS OF VOTE I was shown voting no on Record No. 468. I intended to vote yes. Branch When Record No. 468 was taken, I was in the house but away from my desk. I would have voted yes. Pen˜a HB 617 ON THIRD READING (by Isett) HB 617, A bill to be entitled An Act relating to the possession of certain quantities of alcoholic beverages in a dry area. HBi617 was read third time and was passed by (Record 469): 141 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Geren; Giddings. STATEMENT OF VOTE When Record No. 469 was taken, I was in the house but away from my desk. I would have voted yes. Giddings 2268 81st LEGISLATURE — REGULAR SESSION

HB 284 ON THIRD READING (by Anchia, Bohac, Walle, D. Howard, Lucio, et al.) HB 284, A bill to be entitled An Act relating to reporting of international shipments of electronic waste. HBi284 was read third time and was passed by (Record 470): 102 Yeas, 40 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Berman; Bohac; Bolton; Branch; Burnam; Castro; Chavez; Cohen; Crabb; Craddick; Crownover; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kolkhorst; Kuempel; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Ortiz; Pen˜a; Pickett; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Solomons; Strama; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Zerwas. Nays — Aycock; Bonnen; Brown, B.; Brown, F.; Button; Callegari; Christian; Cook; Corte; Creighton; Darby; Davis, J.; Elkins; Fletcher; Flynn; Gattis; Geren; Hamilton; Hancock; Hardcastle; Hilderbran; Isett; Kleinschmidt; Laubenberg; Legler; Lewis; Miller, D.; Orr; Otto; Parker; Patrick; Paxton; Phillips; Riddle; Sheffield; Shelton; Smithee; Swinford; Weber; Woolley. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Pierson. STATEMENTS OF VOTE I was shown voting yes on Record No. 470. I intended to vote no. Anderson I was shown voting yes on Record No. 470. I intended to vote no. Berman I was shown voting yes on Record No. 470. I intended to vote no. Harless HB 2321 ON THIRD READING (by Homer) HB 2321, A bill to be entitled An Act relating to lifetime licenses for hunting and fishing. HBi2321 was read third time and was passed by (Record 471): 133 Yeas, 5 Nays, 2 Present, not voting. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2269

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Crownover; Davis, J.; Davis, Y.; Deshotel; 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; Hartnett; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jones; Keffer; Kent; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; 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; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; 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 — Bohac; Creighton; Harper-Brown; Lewis; Shelton. Present, not voting — Mr. Speaker(C); Hilderbran. Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Burnam; Darby; Edwards; Jackson; King, P. STATEMENT OF VOTE I was shown voting yes on Record No. 471. I intended to vote no. Aycock HB 1118 ON THIRD READING (by Madden) HB 1118, A bill to be entitled An Act relating to the appointment of an administrative judge for drug court programs in this state. HBi1118 was read third time and was passed by (Record 472): 143 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; 2270 81st LEGISLATURE — REGULAR SESSION

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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards. HB 1467 ON THIRD READING (by Chisum and Maldonado) HB 1467, A bill to be entitled An Act relating to the purchase or lease by state agencies of vehicles using alternative fuels. HBi1467 was read third time and was passed by (Record 473): 143 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards. HB 829 ON THIRD READING (by Hochberg) HB 829, A bill to be entitled An Act relating to the right of persons to pursue remedies under certain laws instead of appealing to the commissioner of education. HBi829 was read third time and was passed by (Record 474): 142 Yeas, 0 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2271

Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Anchia; Edwards. HB 802 ON THIRD READING (by J. Davis, Hardcastle, Naishtat, Zerwas, et al.) HB 802, A bill to be entitled An Act relating to the creation of the lifespan respite services program. HBi802 was read third time and was passed by (Record 475): 143 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards. 2272 81st LEGISLATURE — REGULAR SESSION

HB 1614 ON THIRD READING (by B. Brown) HB 1614, A bill to be entitled An Act relating to the punishment for the offense of criminal mischief. HBi1614 was read third time and was passed by (Record 476): 143 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards. HB 1471 ON THIRD READING (by Thibaut, Miklos, Deshotel, Pitts, Guillen, et al.) HB 1471, A bill to be entitled An Act relating to foreclosure sales of residential real property. HBi1471 was read third time and was passed by (Record 477): 96 Yeas, 42 Nays, 2 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Bohac; Bolton; Branch; Brown, B.; Burnam; Castro; Chavez; Cohen; Craddick; Crownover; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Elkins; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Harless; Harper-Brown; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Keffer; Kent; King, P.; Kuempel; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Ortiz; Otto; Parker; Patrick; Pen˜a; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Solomons; Strama; Taylor; Thibaut; Thompson; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2273

Nays — Anderson; Aycock; Berman; Brown, F.; Button; Callegari; Christian; Cook; Corte; Crabb; Creighton; Darby; Davis, J.; Eissler; Fletcher; Flynn; Geren; Hancock; Hardcastle; Hartnett; Hilderbran; Hughes; Isett; Jackson; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Lewis; Miller, D.; Orr; Paxton; Phillips; Riddle; Sheffield; Shelton; Smithee; Swinford; Truitt; Weber; Woolley; Zerwas. Present, not voting — Mr. Speaker(C); Bonnen. Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Hunter; Jones; King, S.; King, T. STATEMENTS OF VOTE I was shown voting no on Record No. 477. I intended to vote yes. Cook I was shown voting yes on Record No. 477. I intended to vote no. Craddick When Record No. 477 was taken, my vote failed to register. I would have voted no. Hunter When Record No. 477 was taken, I was in the house but away from my desk. I would have voted yes. Jones When Record No. 477 was taken, my vote failed to register. I would have voted yes. S. King I was shown voting yes on Record No. 477. I intended to vote no. Kuempel I was shown voting yes on Record No. 477. I intended to vote no. Parker HB 1498 ON THIRD READING (by T. King) HB 1498, A bill to be entitled An Act relating to the information required to be displayed on a license to carry a concealed handgun and the duty of a license holder to keep that information current. HB 1498 was read third time. Amendment No. 1 Representative Hughes offered the following amendment to HBi1498: Amend HB 1498 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering the remaining SECTIONS of the bill accordingly: SECTIONi____.iiSection 521.001, Transportation Code, is amended by adding Subdivisions (3-a) and (8-a) to read as follows: (3-a)ii"Federal judge" means: 2274 81st LEGISLATURE — REGULAR SESSION

(A)iia judge of a United States court of appeals; (B)iia judge of a United States district court; (C)iia judge of a United States bankruptcy court; or (D)iia magistrate judge of a United States district court. (8-a)ii"State judge" means: (A)iithe judge of an appellate court, a district court, or a county court at law of this state; or (B)iian associate judge appointed under Chapter 201, Family Code. SECTIONi____.iiSections 521.054(a) and (b), Transportation Code, are amended to read as follows: (a)iiThis section applies to a person who: (1)iiafter applying for or being issued a [the] license or certificate moves to a new residence [from the] address [stated in the person s’ application for a license or certificate]; (2)iihas used the procedure under Section 521.121(c) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable [moves from the address shown on the license or certificate held by the person]; or (3)iichanges the person s’ name by marriage or otherwise. (b)iiA person subject to this section shall notify the department of the change not later than the 30th day after the date on which the change takes effect and apply for a duplicate license or certificate as provided by Section 521.146. The duplicate license must include the person s’ current residence address. SECTIONi____.iiSection 521.121, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a)iiThe driver s’ license must include: (1)iia distinguishing number assigned by the department to the license holder; (2)iia color photograph of the entire face of the holder; (3)iithe full name and[,] date of birth[, and residence address] of the holder; [and] (4)iia brief description of the holder; and (5)iithe license holder s’ residence address or, for a license holder using the procedure under Subsection (c), the street address of the courthouse in which the license holder or license holder s’ spouse serves as a federal judge or state judge. (c)iiThe department shall establish a procedure for a federal judge, a state judge, or the spouse of a federal or state judge to omit the license holder s’ residence address on the license and to include, in lieu of that address, the street address of the courthouse in which the license holder or license holder s’ spouse serves as a federal judge or state judge. In establishing the procedure, the department shall require sufficient documentary evidence to establish the license holder s’ status as a federal judge, state judge, or the spouse of a federal or state judge. SECTIONi____.iiSection 521.142(c), Transportation Code, is amended to read as follows: (c)iiThe application must state: (1)iithe sex of the applicant; Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2275

(2)iithe residence address of the applicant, or if the applicant is a federal judge, a state judge, or the spouse of a federal or state judge using the procedure developed under Section 521.121(c), the street address of the courthouse in which the applicant or the applicant s’ spouse serves as a federal judge or a state judge; (3)iiwhether the applicant has been licensed to drive a motor vehicle before; (4)iiif previously licensed, when and by what state or country; (5)iiwhether that license has been suspended or revoked or a license application denied; (6)iithe date and reason for the suspension, revocation, or denial; (7)iiwhether the applicant is a citizen of the United States; and (8)iithe county of residence of the applicant. Amendment No. 1 was adopted. HB 1498, as amended, was passed by (Record 478): 141 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; 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; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Flores; Jones. HB 1771 ON THIRD READING (by Chavez and S. Turner) HB 1771, A bill to be entitled An Act relating to the reduction in value or abandonment of stored value cards. HB 1771 was read third time. Amendment No. 1 Representative Chavez offered the following amendment to HBi1771: Amend HB 1771 as follows: (1)iiOn page 2, line 6, strike "or" and substitute "[or]". 2276 81st LEGISLATURE — REGULAR SESSION

(2)iiOn page 2, line 8, between "Section 604.051" and the period, insert the following: ; (6)iiis issued or sold as a voucher: (A)iifor admission to an event, attraction, or establishment, including an amusement park, zoo, museum, water park, and concert; or (B)iifor permission to travel on a vehicle, including a train, bus, and boat; or (7)iiis a debit card on which information evidencing a promise to pay money representing child support payments is stored and for which a fee described by Section 604.051 is not charged (3)iiOn page 2, line 11, between "SUBCHAPTER B." and "[PERMISSIBLE]", insert "CERTAIN". (4)iiOn page 2, line 14, between "Sec. 604.051." and "FEES", insert "CERTAIN". (5)iiOn page 2, line 15, between "PROHIBITED." and "The", insert "(a)". (6)iiOn page 2, strike lines 19 and 20 and substitute the following: (1)iian [handling fee in connection with the issuance of or adding of value to the card; (7)iiOn page 2, line 21, strike "(2)iian" and substitute "[(2)]". (8)iiOn page 2, line 24, strike "(3)iia" and substitute "(2)iia [(3)]". (9)iiOn page 2, line 26, strike "(4)" and substitute "(3)". (10)iiOn page 2, after line 27, add the following: (b)iiThis chapter does not prohibit a stored value card fee charged by a seller at the time of initial sale or when adding value to a stored value card if the fee is disclosed to the consumer at the time of the transaction and the consumer has the opportunity to decline the transaction after having been informed of the fee. (11)iiOn page 3, line 19, strike "the" and substitute "a [the]". (12)iiOn page 3, line 20, strike "subchapter" and substitute "chapter [subchapter]". (13)iiOn page 3, lines 20 and 21, strike "date, [or] policy, [fee,]" and substitute "date or policy, fee,". (14)iiOn page 4, line 1, strike "(C) and" and substitute "(C),". (15)iiOn page 4, line 2, strike "[604.002(2)-(5)]" and substitute ", and 604.002(6)-(7) [and 604.002(2)-(5)]". (16)iiOn page 4, line 14, strike "September 1, 2009" and substitute "January 1, 2010". Amendment No. 1 was adopted. HB 1771, as amended, was passed by (Record 479): 82 Yeas, 55 Nays, 2 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Bolton; Burnam; Castro; Chavez; Cohen; Cook; Corte; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hardcastle; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hunter; Jackson; Keffer; Kent; Leibowitz; Lucio; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Miklos; Moody; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Pen˜a; Pickett; Pierson; Quintanilla; Raymond; Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2277

Rios Ybarra; Ritter; Rodriguez; Rose; Smith, T.; Solomons; Strama; Thibaut; Thompson; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Woolley; Zerwas. Nays — Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Christian; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Eissler; Elkins; Fletcher; Flynn; Geren; Hamilton; Hancock; Harless; Harper-Brown; Hartnett; Howard, C.; Hughes; Isett; King, P.; King, S.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Lewis; Madden; McCall; Miller, D.; Morrison; Parker; Patrick; Paxton; Phillips; Pitts; Riddle; Sheffield; Shelton; Smith, W.; Smithee; Swinford; Taylor; Truitt; Weber. Present, not voting — Mr. Speaker(C); Button. Absent, Excused — Chisum; Coleman; Driver; Heflin; Miller, S. Absent — Edwards; Eiland; Hilderbran; Jones; King, T.; Merritt. STATEMENTS OF VOTE I was shown voting present, not voting on Record No. 479. I intended to vote no. Button I was shown voting yes on Record No. 479. I intended to vote no. Cook When Record No. 479 was taken, my vote failed to register. I would have voted yes. Hilderbran When Record No. 479 was taken, I was in the house but away from my desk. I would have voted yes. T. King I was shown voting no on Record No. 479. I intended to vote yes. Truitt I was shown voting yes on Record No. 479. I intended to vote no. Woolley (Heflin now present) HB 1886 ON THIRD READING (by Miklos) HB 1886, A bill to be entitled An Act relating to enforcement of a juvenile curfew ordinance. HBi1886 was read third time and failed to pass by (Record 480): 61 Yeas, 76 Nays, 1 Present, not voting. (The vote was reconsidered later today, and HB 1886 was postponed until 10 a.m. Monday, May 4.) Yeas — Allen; Alonzo; Alvarado; Anchia; Bolton; Burnam; Castro; Chavez; Cohen; Davis, Y.; Dukes; Dunnam; England; Farias; Farrar; Flores; Gallego; Gonzales; Gonzalez Toureilles; Gutierrez; Heflin; Hernandez; Herrero; Hochberg; Howard, D.; Kent; Kuempel; Leibowitz; Lucio; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McClendon; McReynolds; 2278 81st LEGISLATURE — REGULAR SESSION

Menendez; Merritt; Miklos; Moody; Naishtat; Oliveira; Olivo; Pickett; Pierson; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Solomons; Strama; Thibaut; Thompson; Turner, C.; Vaught; Veasey; Villarreal; Vo; Walle. Nays — Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Dutton; Eissler; Elkins; Farabee; Fletcher; Flynn; Frost; Gattis; Geren; Giddings; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hilderbran; Hodge; Homer; Hopson; Howard, C.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Lewis; Madden; McCall; Miller, D.; Morrison; Orr; Otto; Parker; Patrick; Paxton; Phillips; Pitts; Riddle; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Swinford; Taylor; Truitt; Weber; Woolley; Zerwas. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Christian; Deshotel; Edwards; Eiland; Hunter; Ortiz; Pen˜a; Turner, S. STATEMENTS OF VOTE When Record No. 480 was taken, I was in the house but away from my desk. I would have voted no. Christian When Record No. 480 was taken, my vote failed to register. I would have voted no. Hunter I was shown voting yes on Record No. 480. I intended to vote no. Pierson I was shown voting yes on Record No. 480. I intended to vote no. Solomons I was shown voting yes on Record No. 480. I intended to vote no. Vaught HB 1912 ON THIRD READING (by Rodriguez, Hughes, S. King, Herrero, and Naishtat) HB 1912, A bill to be entitled An Act relating to the Transitional Living Services Program and the Preparation for Adult Living Program for foster children transitioning to independent living. HBi1912 was read third time and was passed by (Record 481): 114 Yeas, 24 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Bohac; Bolton; Bonnen; Branch; Brown, B.; Burnam; Button; Castro; Chavez; Cohen; Corte; Crabb; Craddick; Crownover; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; England; Farabee; Farias; Flores; Frost; Gallego; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2279

Hopson; Howard, D.; Hughes; Jackson; Jones; Keffer; Kent; King, P.; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Shelton; Smith, T.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Woolley; Zerwas. Nays — Anderson; Aycock; Berman; Brown, F.; Callegari; Christian; Cook; Creighton; Darby; Eissler; Elkins; Fletcher; Flynn; Gattis; Hancock; Hardcastle; Howard, C.; Isett; Kleinschmidt; Riddle; Sheffield; Smith, W.; Smithee; Weber. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Edwards; Farrar; Hunter; King, S.; King, T.; Miller, D.; Rios Ybarra. STATEMENTS OF VOTE I was shown voting yes on Record No. 481. I intended to vote no. Button I was shown voting yes on Record No. 481. I intended to vote no. Harless When Record No. 481 was taken, my vote failed to register. I would have voted yes. Hunter When Record No. 481 was taken, my vote failed to register. I would have voted yes. S. King When Record No. 481 was taken, I was in the house but away from my desk. I would have voted yes. T. King When Record No. 481 was taken, my vote failed to register. I would have voted no. D. Miller HB 2115 ON THIRD READING (by Moody) HB 2115, A bill to be entitled An Act relating to the punishment prescribed for the offense of bail jumping and failure to appear. HBi2115 was read third time and was passed by (Record 482): 139 Yeas, 0 Nays, 2 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; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; 2280 81st LEGISLATURE — REGULAR SESSION

Gallego; Gattis; Geren; 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; 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; Pen˜a; 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); Dutton. Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Branch; Edwards; Giddings; Jackson; Pierson. HB 2127 ON THIRD READING (by Giddings) HB 2127, A bill to be entitled An Act relating to regulations regarding the sale of plastic bulk merchandise containers; providing a criminal penalty. HBi2127 was read third time and was passed by (Record 483): 142 Yeas, 0 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Anchia; Edwards; England. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2281

HB 2876 ON THIRD READING (by Patrick) HB 2876, A bill to be entitled An Act relating to the authority of an administrative law judge to order the release of certain information relating to a child abuse and neglect investigation. HBi2876 was read third time and was passed by (Record 484): 143 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Edwards; Zerwas. HB 2149 ON THIRD READING (by Lewis, et al.) HB 2149, A bill to be entitled An Act relating to the liability of public servants of certain governmental units for property damage. HBi2149 was read third time and was passed by (Record 485): 141 Yeas, 3 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; 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; 2282 81st LEGISLATURE — REGULAR SESSION

Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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. Nays — Hartnett; Isett; Rose. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Edwards. HB 2161 ON THIRD READING (by S. Turner and Marquez) HB 2161, A bill to be entitled An Act relating to the issuance of a personal identification certificate to present or former inmates of the Texas Department of Criminal Justice. HBi2161 was read third time and was passed by (Record 486): 112 Yeas, 29 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Aycock; Berman; Bohac; Bolton; Burnam; Button; Callegari; Castro; Chavez; Cohen; Cook; Crabb; Craddick; Crownover; Darby; Davis, J.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Patrick; Pen˜a; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Villarreal; Vo; Walle; Weber; Zerwas. Nays — Anderson; Bonnen; Branch; Brown, B.; Brown, F.; Christian; Corte; Creighton; Fletcher; Flynn; Hamilton; Hancock; Harper-Brown; Hilderbran; Isett; Jackson; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Miller, D.; Parker; Paxton; Phillips; Riddle; Sheffield; Shelton; Woolley. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Davis, Y.; Edwards; Elkins; Veasey. STATEMENT OF VOTE When Record No. 486 was taken, I was in the house but away from my desk. I would have voted yes. Veasey Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2283

HB 1003 ON THIRD READING (by Bolton, Herrero, and Moody) HB 1003, A bill to be entitled An Act relating to notice provided to certain victims or witnesses regarding certain inmates or defendants who are electronically monitored. HBi1003 was read third time and was passed by (Record 487): 140 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; Christian; Cohen; Cook; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; 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; 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; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Craddick; Deshotel; Edwards; Hodge; McClendon. STATEMENT OF VOTE When Record No. 487 was taken, I was in the house but away from my desk. I would have voted yes. Deshotel HB 4133 - RECOMMITTED Representative McCall moved to recommit HBi4133 to the Committee on State Affairs. The motion prevailed. HB 90 ON THIRD READING (by Martinez, Gonzales, Gonzalez Toureilles, Menendez, et al.) HB 90, A bill to be entitled An Act relating to the sale of toy-like lighters in this state; imposing a penalty. HBi90 was read third time and was passed by (Record 488): 97 Yeas, 42 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Bohac; Bolton; Burnam; Callegari; Castro; Chavez; Cohen; Cook; Crabb; Crownover; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; England; Farabee; Farias; Farrar; Flores; Frost; 2284 81st LEGISLATURE — REGULAR SESSION

Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hunter; Jones; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kuempel; Legler; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Ortiz; Otto; Parker; Pen˜a; Pickett; Pierson; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Smith, W.; Solomons; Strama; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Woolley. Nays — Anderson; Aycock; Berman; Bonnen; Branch; Brown, B.; Brown, F.; Button; Christian; Corte; Craddick; Creighton; Darby; Davis, J.; Eissler; Elkins; Fletcher; Flynn; Hamilton; Hancock; Hardcastle; Harless; Hilderbran; Howard, C.; Isett; Jackson; Kolkhorst; Laubenberg; Lewis; Miller, D.; Orr; Patrick; Paxton; Phillips; Pitts; Riddle; Sheffield; Shelton; Smith, T.; Smithee; Swinford; Weber. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Edwards; Harper-Brown; Hughes; Keffer; McClendon; Zerwas. STATEMENT OF VOTE I was shown voting yes on Record No. 488. I intended to vote no. Parker HB 93 ON THIRD READING (by Hodge and Guillen) HB 93, A bill to be entitled An Act relating to the restoration of good conduct time forfeited during a term of imprisonment. HBi93 was read third time and was passed by (Record 489): 82 Yeas, 57 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Bolton; Burnam; Castro; Chavez; Cohen; Crabb; Crownover; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Howard, D.; Hughes; Keffer; Kent; King, P.; King, T.; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Naishtat; Oliveira; Olivo; Ortiz; Patrick; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Rodriguez; Solomons; Strama; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle. Nays — Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Christian; Cook; Corte; Craddick; Creighton; Darby; Eissler; Elkins; Fletcher; Flynn; Gattis; Geren; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hilderbran; Hopson; Howard, C.; Isett; Jackson; King, S.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Lewis; Miller, D.; Orr; Otto; Parker; Paxton; Phillips; Riddle; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Swinford; Weber; Woolley; Zerwas. Present, not voting — Mr. Speaker(C). Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2285

Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Edwards; Hunter; Jones; Morrison; Pen˜a; Ritter. STATEMENTS OF VOTE I was shown voting no on Record No. 489. I intended to vote yes. Callegari I was shown voting yes on Record No. 489. I intended to vote no. J. Davis When Record No. 489 was taken, I was in the house but away from my desk. I would have voted no. Hunter I was shown voting yes on Record No. 489. I intended to vote no. Keffer HB 94 ON THIRD READING (by Hodge) HB 94, A bill to be entitled An Act relating to the application of laws awarding credit to an inmate for time between release on and subsequent revocation of parole, mandatory supervision, or conditional pardon. HBi94 was read third time and was passed by (Record 490): 115 Yeas, 25 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Bohac; Bolton; Brown, B.; Burnam; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hardcastle; 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; Kuempel; Laubenberg; Leibowitz; 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; Pen˜a; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Woolley; Zerwas. Nays — Aycock; Berman; Bonnen; Brown, F.; Button; Craddick; Creighton; Darby; Eissler; Elkins; Fletcher; Flynn; Gattis; Hancock; Harless; Kleinschmidt; Legler; Lewis; Parker; Patrick; Paxton; Phillips; Riddle; Rose; Sheffield. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Branch; Edwards; Harper-Brown; Swinford; Weber. STATEMENTS OF VOTE I was shown voting yes on Record No. 490. I intended to vote no. Bohac 2286 81st LEGISLATURE — REGULAR SESSION

I was shown voting yes on Record No. 490. I intended to vote no. Christian I was shown voting yes on Record No. 490. I intended to vote no. Corte When Record No. 490 was taken, I was in the house but away from my desk. I would have voted no. Harper-Brown I was shown voting yes on Record No. 490. I intended to vote no. Hilderbran I was shown voting yes on Record No. 490. I intended to vote no. Hunter I was shown voting yes on Record No. 490. I intended to vote no. Solomons HB 171 ON THIRD READING (by Olivo) HB 171, A bill to be entitled An Act relating to consideration of mitigating factors in determining appropriate disciplinary action to be taken against a public school student. HBi171 was read third time and was passed by (Record 491): 93 Yeas, 48 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Aycock; Bohac; Bolton; Burnam; Callegari; Castro; Chavez; Cohen; Crabb; Darby; Davis, Y.; Deshotel; Dunnam; Dutton; Eiland; England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hardcastle; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Howard, D.; Hunter; Jackson; Jones; Keffer; Kent; King, T.; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Patrick; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Rodriguez; Shelton; Smith, W.; Strama; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Zerwas. Nays — Anderson; Berman; Bonnen; Branch; Brown, B.; Brown, F.; Button; Christian; Cook; Corte; Craddick; Creighton; Crownover; Davis, J.; Eissler; Elkins; Fletcher; Flynn; Hamilton; Hancock; Harper-Brown; Hartnett; Hilderbran; Hopson; Howard, C.; Hughes; Isett; King, P.; King, S.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Lewis; Miller, D.; Parker; Paxton; Riddle; Ritter; Sheffield; Smith, T.; Smithee; Solomons; Swinford; Taylor; Weber; Woolley. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Dukes; Edwards; Harless; Rose. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2287

STATEMENTS OF VOTE I was shown voting yes on Record No. 491. I intended to vote no. Hunter I was shown voting yes on Record No. 491. I intended to vote no. Morrison When Record No. 491 was taken, I was in the house but away from my desk. I would have voted yes. Rose HB 775 ON THIRD READING (by Miklos, Fletcher, Weber, C. Turner, Edwards, et al.) HB 775, A bill to be entitled An Act relating to the penalty for theft of a central air-conditioning unit. HBi775 was read third time and was passed by (Record 492): 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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; Otto; Parker; Patrick; Paxton; Pen˜a; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; 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, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Branch; Edwards; Hodge; Ortiz; Ritter. HB 422 ON THIRD READING (by Guillen) HB 422, A bill to be entitled An Act relating to information provided to a person applying for a state tax permit or license. HBi422 was read third time and was passed by (Record 493): 142 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; Cook; Corte; Crabb; Craddick; Creighton; 2288 81st LEGISLATURE — REGULAR SESSION

Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; 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; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Branch; Edwards; Laubenberg. HB 623 ON THIRD READING (by Harless, Alvarado, and Riddle) HB 623, A bill to be entitled An Act relating to the regulation of massage establishments in certain counties. HBi623 was read third time and was passed by (Record 494): 136 Yeas, 1 Nays, 1 Present, not voting. Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; 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; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hunter; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Kuempel; 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; Pen˜a; 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. Nays — Isett. Present, not voting — Mr. Speaker(C). Absent, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Branch; Callegari; Edwards; Harper-Brown; Hochberg; Hughes; Laubenberg; Pierson. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2289

STATEMENT OF VOTE When Record No. 494 was taken, I was in the house but away from my desk. I would have voted yes. Pierson HB 4397 ON THIRD READING (by Deshotel) HB 4397, A bill to be entitled An Act relating to payoff statements provided in connection with certain home loans. HBi4397 was read third time and was passed by (Record 495): 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; Callegari; Castro; Chavez; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; 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.; Kleinschmidt; Kolkhorst; Kuempel; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; 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; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Branch; Edwards; Elkins; Geren; Maldonado; Pierson. STATEMENT OF VOTE When Record No. 495 was taken, I was in the house but away from my desk. I would have voted yes. Pierson HB 2063 ON THIRD READING (by Callegari and Creighton) HB 2063, A bill to be entitled An Act relating to the enforcement of rules by a groundwater conservation district. HBi2063 was read third time and was passed by (Record 496): 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; Christian; Cohen; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; 2290 81st LEGISLATURE — REGULAR SESSION

Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; 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; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Pen˜a; 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, Excused — Chisum; Coleman; Driver; Miller, S. Absent — Branch; Edwards; Flynn; Merritt; Phillips. STATEMENT OF VOTE When Record No. 496 was taken, I was in the house but away from my desk. I would have voted yes. Flynn HB 1886 - VOTE RECONSIDERED Representative Homer moved to reconsider the vote by which HB 1886 failed to pass. The motion to reconsider prevailed. HB 1886 ON THIRD READING (by Miklos) The speaker laid before the house, on its third reading and final passage, HB 1886, A bill to be entitled An Act relating to enforcement of a juvenile curfew ordinance. HB 1886 was read third time earlier today and failed to pass by Record No. 480. Representative Miklos moved to postpone consideration of HBi1886 until 10 a.m. Monday, May 4. The motion prevailed. COMMITTEE MEETING ANNOUNCEMENT The following committee meeting was announced: Environmental Regulation, upon adjournment today, Desk 26, for a formal meeting, to consider pending business. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2291

FIVE-DAY POSTING RULE SUSPENDED Representative Cook moved to suspend the five-day posting rule and all necessary rules to allow the Committee on Environmental Regulation to consider SB 1080. The motion prevailed. COMMITTEE GRANTED PERMISSION TO MEET Representative Deshotel requested permission for the Committee on Business and Industry to meet while the house is in session, during bill referral today, in 1W.14, for a formal meeting, to consider pending business. Permission to meet was granted. COMMITTEE MEETING ANNOUNCEMENTS The following committee meetings were announced: Judiciary and Civil Jurisprudence, upon adjournment today, Desk 46, for a formal meeting. Public Health, upon adjournment today, Desk 123, for a formal meeting, to consider pending business. Business and Industry, during bill referral today, 1W.14, for a formal meeting, to consider pending business. Pensions, Investments, and Financial Services, during bill referral today, 3W.15, for a formal meeting, to consider pending business. Environmental Regulation, upon adjournment Monday, May 4, E2.012, for a public hearing, to consider SB 16. COMMITTEE GRANTED PERMISSION TO MEET Representative Truitt requested permission for the Committee on Pensions, Investments, and Financial Services to meet while the house is in session, during bill referral today, in 3W.15, for a formal meeting, to consider pending business. Permission to meet was granted. FIVE-DAY POSTING RULE SUSPENDED Representative Cook moved to suspend the five-day posting rule and all necessary rules to allow the Committee on Environmental Regulation to consider SB 16. The motion prevailed. PROVIDING FOR ADJOURNMENT Representative Gattis moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 9 a.m. tomorrow. The motion prevailed. 2292 81st LEGISLATURE — REGULAR SESSION

BILLS AND JOINT RESOLUTIONS ON FIRST READING AND REFERRAL TO COMMITTEES RESOLUTIONS REFERRED TO COMMITTEES Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.) (Kolkhorst in the chair) ADJOURNMENT In accordance with a previous motion, the house, at 4:06 p.m., adjourned until 9 a.m. tomorrow.

AAAAAADDENDUMAAAAA

REFERRED TO COMMITTEES The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures: List No. 1 HCR 188 (By Parker), Designating Roanoke as the Unique Dining Capital of Texas. To Culture, Recreation, and Tourism. HCR 193 (By Bonnen), Expressing support of the Ecumenical Patriarchate, in Istanbul, urging intervention by the United States, the European Union, and the United Nations to stop institutional discrimination against the Ecumenical Patriarchate, and calling on the government of Turkey to safeguard religious rights within its borders, including those of the Ecumenical Patriarchate. To State Affairs. HR 1585 (By Burnam), Recognizing the Muslim Legal Fund of America for its dedicated defense of the Constitution of the United States. To Culture, Recreation, and Tourism. HR 1586 (By Burnam), Congratulating Ambassador Syed Ahsani on a long life spent in the service of his community. To Culture, Recreation, and Tourism. HR 1591 (By Vaught), Urging the president of the United States to modify Executive Order 8808 so as to authorize the award of the American Defense Service Medal to members of the United States armed forces who served on active duty after September 1, 1945, and before December 27, 1991. To State Affairs. HR 1695 (By Cook), Encouraging all Texans to properly dispose of prescription and over-the-counter drugs. To Public Health. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2293

SB 45 to Higher Education. SB 89 to Judiciary and Civil Jurisprudence. SB 472 to Business and Industry. SB 1124 to Human Services. SB 1165 to Public Safety. SB 1166 to Judiciary and Civil Jurisprudence. SB 1171 to Public Health. SB 1173 to Criminal Jurisprudence. SB 1182 to State Affairs. SB 1188 to Public Safety. SB 1200 to State Affairs. SB 1201 to Judiciary and Civil Jurisprudence. SB 1212 to Defense and Veterans ’Affairs. SB 1214 to Public Health. SB 1237 to Public Safety. SB 1241 to Natural Resources. SB 1246 to Culture, Recreation, and Tourism. SB 1249 to Higher Education. SB 1271 to Public Health. SB 1273 to Criminal Jurisprudence. SB 1291 to Public Health. SB 1296 to Public Safety. SB 1299 to Natural Resources. SB 1314 to Public Health. SB 1320 to State Affairs. SB 1331 to Public Health. SB 1353 to Transportation. SB 1367 to Transportation. SB 1378 to Energy Resources. SB 1394 to Higher Education. SB 1432 to Human Services. SB 1456 to Judiciary and Civil Jurisprudence. SB 1464 to Natural Resources. SB 1474 to Urban Affairs. SB 1500 to County Affairs. SB 1504 to Judiciary and Civil Jurisprudence. SB 1505 to Criminal Jurisprudence. 2294 81st LEGISLATURE — REGULAR SESSION

SB 1520 to Human Services. SB 1529 to Criminal Jurisprudence. SB 1553 to Judiciary and Civil Jurisprudence. SB 1557 to Criminal Jurisprudence. SB 1599 to Judiciary and Civil Jurisprudence. SB 1609 to Transportation. SB 1612 to Human Services. SB 1620 to Ways and Means. SB 1628 to Pensions, Investments, and Financial Services. SB 1661 to Judiciary and Civil Jurisprudence. SB 1666 to Agriculture and Livestock. SB 1692 to State Affairs. SB 1693 to Environmental Regulation. SB 1694 to Culture, Recreation, and Tourism. SB 1699 to Business and Industry. SB 1701 to Business and Industry. SB 1702 to Public Health. SB 1703 to State Affairs. SB 1710 to Criminal Jurisprudence. SB 1728 to Higher Education. SB 1741 to Defense and Veterans ’Affairs. SB 1745 to Culture, Recreation, and Tourism. SB 1754 to Judiciary and Civil Jurisprudence. SB 1775 to Public Safety. SB 1777 to Judiciary and Civil Jurisprudence. SB 1796 to Higher Education. SB 1798 to Higher Education. SB 1811 to Corrections. SB 1820 to Judiciary and Civil Jurisprudence. SB 1821 to Energy Resources. SB 1826 to Energy Resources. SB 1837 to Public Health. SB 1843 to Insurance. SB 1896 to Urban Affairs. SB 1930 to Judiciary and Civil Jurisprudence. SB 1933 to Public Education. SB 1941 to Higher Education. Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2295

SB 1945 to Business and Industry. SB 1947 to Ways and Means. SB 1954 to Public Health. SB 1967 to Public Safety. SB 1970 to Elections. SB 1979 to Natural Resources. SB 2017 to Transportation. SB 2019 to Transportation. SB 2027 to Judiciary and Civil Jurisprudence. SB 2028 to Public Safety. SB 2041 to Public Safety. SB 2044 to Public Education. SB 2045 to Higher Education. SB 2047 to Criminal Jurisprudence. SB 2052 to Technology, Economic Development, and Workforce. SB 2058 to County Affairs. SB 2072 to County Affairs. SB 2074 to State Affairs. SB 2105 to Judiciary and Civil Jurisprudence. SB 2111 to Energy Resources. SB 2146 to Higher Education. SB 2154 to State Affairs. SB 2225 to Criminal Jurisprudence. SB 2230 to Judiciary and Civil Jurisprudence. SB 2244 to Higher Education. SB 2274 to Ways and Means. SB 2288 to Border and Intergovernmental Affairs. SB 2292 to State Affairs. SB 2306 to Natural Resources. SB 2308 to Public Education. SB 2311 to Natural Resources. SB 2312 to Natural Resources. SB 2314 to Natural Resources. SB 2315 to Natural Resources. SB 2319 to Natural Resources. SB 2325 to Judiciary and Civil Jurisprudence. SB 2371 to Public Safety. 2296 81st LEGISLATURE — REGULAR SESSION

SB 2376 to Higher Education. SB 2379 to Culture, Recreation, and Tourism. SB 2397 to Public Health. SB 2424 to Human Services. SB 2453 to Natural Resources. SB 2462 to Natural Resources. SB 2465 to Higher Education. SB 2470 to Natural Resources. SB 2474 to Natural Resources. SB 2476 to Public Health. SB 2480 to Transportation. SB 2481 to Business and Industry. SB 2503 to Natural Resources. SB 2504 to Natural Resources. SJR 25 to Transportation. SJR 48 to Ways and Means. SIGNED BY THE SPEAKER The following bills and resolutions were today signed in the presence of the house by the speaker: House List No. 22 HBi602, HBi753, HBi2073, HBi2074, HBi2434, HBi2666, HCRi117, HCRi134, HCRi153 Senate List No. 22 SBi83, SBi803, SBi862, SBi1040, SBi1149, SBi1260 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 Friday, May 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 PASSED THE FOLLOWING MEASURES: SB 14 Fraser Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2297

Relating to the operation of the Texas Windstorm Insurance Association and the Texas FAIR Plan Association; making an appropriation. SB 61 Zaffirini Relating to the offense of failing to secure a child passenger in a motor vehicle and to fines for the offense. SB 275 Nichols Relating to the application of new requirements for commercial underground injection control wells to be adopted by the Texas Commission on Environmental Quality. SB 455 Shapiro Relating to the regulation of the practice of dental assistants, including the delegation of certain dental acts. SB 590 Jackson, Mike Relating to a requirement that the board of directors of an appraisal district develop a plan for reappraising property after a natural disaster. SB 681 Ogden Relating to the ability of electric utilities to provide electric service during a major power outage. SB 693 Van de Putte Relating to proof of identification to purchase an alcoholic beverage. SB 750 Zaffirini Relating to the administration of psychoactive medications to persons receiving services in a residential care facility. SB 751 Zaffirini Relating to the use of restraints in state schools. SB 801 Hegar Relating to the appraisal for ad valorem tax purposes of land used for wildlife management. SB 1202 Deuell Relating to the collection and allocation of local sales and use taxes. SB 1358 Seliger Relating to optional annuity increases for certain retirees and beneficiaries of the Texas Municipal Retirement System. SB 1370 Lucio Relating to authorizing certain counties and municipalities to regulate land development; providing a penalty. SB 1382 Carona Relating to the coordination of the planning, construction, operation, and maintenance of a statewide passenger rail system by the Texas Department of Transportation. SB 1415 Hegar Relating to certain corrective actions by the Texas Board of Nursing, including a pilot program on deferred disciplinary action; providing corrective actions. SB 1476 Ellis Relating to the authority of a community health center to contract with or employ an optometrist or therapeutic optometrist. SB 1521 Shapleigh 2298 81st LEGISLATURE — REGULAR SESSION

Relating to the regulation of certain boarding houses and assisted living facilities; providing penalties. SB 1560 Duncan Relating to university funding, including university funding for excellence, the national research university fund, the abolition of the higher education fund, and the institutional groupings established by the Texas Higher Education Coordinating Board. SB 1586 Harris Relating to the establishment of a shared database for deer breeder reporting requirements. SB 1589 Ogden Relating to the reporting and handling of unclaimed property. SB 1713 Hegar Relating to covenants not to compete by physicians. SB 1767 Watson Relating to practices and procedures in child abuse and neglect cases. SB 1779 Hinojosa Relating to the establishment of the official citrus producers ’pest and disease management corporation; providing penalties. SB 1879 Nelson Relating to the licensing and regulation of genetic counselors; providing penalties. SB 1895 Gallegos Relating to the terms of members of the governing board of junior college districts. SB 2038 Duncan Relating to the construction of nonsubstantive codifications and revisions of statutes. SB 2048 Williams Relating to the establishment of a centralized sex offender registration authority in certain counties in this state. SB 2067 Davis, Wendy Relating to access to precinct conventions by the elderly and persons with physical disabilities. SB 2082 Shapiro Relating to determining a student s’ eligibility for a school district s’ special education program on the basis of the student s’ visual impairment. SB 2110 West Relating to the compulsory inspection of motor vehicles; providing penalties. SB 2153 Whitmire Relating to the booting of vehicles by private entities in parking facilities; providing penalties. SB 2162 Ellis Relating to the appointment of counsel for the purposes of community supervision revocation or appellate proceedings. SB 2273 Seliger Friday, May 1, 2009 HOUSE JOURNAL — 61st Day 2299

Relating to certain reporting duties of the attorney general and the Department of Aging and Disability Service. SB 2285 Lucio Relating to financial assistance by the Texas Water Development Board for the connection of residences in economically distressed areas to public water supply and sanitary sewer systems. SB 2357 Gallegos Relating to the curriculum that must be provided by a disciplinary alternative education program. SB 2506 Duncan Relating to the creation of the Gray County Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain. SB 2517 Duncan Relating to the dissolution of the Ballinger Memorial Hospital District and the North Runnels County Hospital District and the creation of the Runnels County Hospital District; granting the authority to impose a tax and issue bonds; granting the power of eminent domain. SCR 68 Duncan Recognizing the Twentieth Century Club in Lubbock on the occasion of its 100th anniversary. SCR 69 Duncan Recognizing Ballet Lubbock on the occasion of its 40th anniversary. SJR 50 Averitt Proposing a constitutional amendment relating to the issuance of additional general obligation bonds by the Texas Water Development Board. Respectfully, Patsy Spaw Secretary of the Senate

AAAAAAPPENDIXAAAAA

STANDING COMMITTEE REPORTS Favorable reports have been filed by committees as follows: April 30 Appropriations - SBi872 Corrections - HBi1149, HBi1335, HBi1351, HBi1958, HBi2596, HBi3250, HBi3316, HBi3653, HBi3907, HBi4357 County Affairs - HBi562, HBi760, HBi2859 Criminal Jurisprudence - HBi301, HBi718 Elections - HBi258, HBi756, HBi1720, HBi2181, HBi3444, HBi4044 Human Services - HBi583, HBi612, HBi1315, HBi2740, HBi4426, SBi187 2300 81st LEGISLATURE — REGULAR SESSION

Judiciary and Civil Jurisprudence - HBi1083, HBi1285, HBi1461, HBi1925, HBi2090, HBi2164, HBi2349, HBi2472, HBi2984, HBi3635, HBi3666, HBi3767, HBi4760 Licensing and Administrative Procedures - HBi3489 Natural Resources - HBi3526, HBi3861, HBi4717, HBi4735, HBi4773 Pensions, Investments, and Financial Services - HBi2293, HBi2656 Public Education - HBi2264 Public Health - SBi968 Public Safety - HBi2093, HBi2214, HBi3201, HBi3499, HBi3733, HBi3786 State Affairs - HBi4133, HBi4207, HBi4682 Technology, Economic Development, and Workforce - HBi22 Transportation - HBi1264, HBi1343, HBi3800 Urban Affairs - HBi1389, HBi3165, HBi4295, HBi4648

ENGROSSED April 30 - HBi3, HBi92, HBi497, HBi923, HBi1139, HBi1230, HBi1321, HBi1423, HBi1493, HBi1531, HBi1570, HBi1843, HBi1850, HBi2130, HBi2228, HBi2236, HBi2283, HBi2328, HBi2488, HBi2490, HBi2552, HBi2706, HBi2728, HBi2757, HBi2985, HBi3057, HBi3068, HBi3070, HBi3216, HBi3253, HBi3330, HBi3346, HBi3385, HBi3461, HBi3496, HBi3602, HBi3626, HBi3721, HBi3844, HBi3872, HBi3921, HBi3923, HBi4054, HBi4064, HBi4110, HBi4316, HBi4353, HBi4590, HBi4721, HBi4767, HBi4789 SENT TO THE GOVERNOR April 30 - HBi1484, HCRi122