HOUSE JOURNAL — 12Th Day 193 HOUSE JOURNAL SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION PROCEEDINGS
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Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 193 HOUSE JOURNAL SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION PROCEEDINGS TWELFTH DAY — TUESDAY, FEBRUARY 2, 1999 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 (Record 12). Present — Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek. Absent, Excused — Crownover; Talton. Absent — Gallego. The invocation was offered by Father John Hughes, St. Louis Catholic Church, Winnie, as follows: We pray today for these representatives, those they represent, and especially the people of Chambers County, living in an unsteady and confusing world. Lord, show all of us that your ways give more life than the ways of the world and that following you is better than chasing after selfish goals. Help us to accept setbacks, not as a measure of their worth, but as a chance for a new start. Give us strength to hold our faith in you and to keep alive our joy in your creation. Lord our God, as we have come together this morning, we ask in your kindness to fill us with the knowledge of your will so that, pleasing you in all things, we may grow in every good work. May God be the source of all patience and encouragement, enable us to live in perfect harmony with one another in the spirit of Christ Jesus. With one heart and one voice may we glorify God, now and forever. Amen. 194 76th LEGISLATURE — REGULAR SESSION LEAVES OF ABSENCE GRANTED The following members were granted leaves of absence for today because of important business: Talton on motion of J. Davis. Crownover on motion of Hardcastle. CAPITOL PHYSICIAN The speaker recognized Representative Hilderbran who presented Dr. Raymond H. Smith of Fredricksburg as the "Doctor for the Day." The house welcomed Dr. Smith and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians. HR 18 - ADOPTED (by Clark) Representative Clark moved to suspend all necessary rules to take up and consider at this time HR 18. The motion prevailed without objection. The following resolution was laid before the house: HR 18, Congratulating the Gunter High School team for finishing first in the 1998 Texas BEST competition. HR 18 was read and was adopted without objection. HR 19 - ADOPTED (by Clark) Representative Clark moved to suspend all necessary rules to take up and consider at this time HR 19. The motion prevailed without objection. The following resolution was laid before the house: HR 19, Congratulating the Howe High School team for finishing third in the 1998 Texas BEST competition. HR 19 was adopted without objection. HR 20 - ADOPTED (by Clark) Representative Clark moved to suspend all necessary rules to take up and consider at this time HR 20. The motion prevailed without objection. The following resolution was laid before the house: HR 20, Congratulating the Whitewright High School team for finishing second in the 1998 Texas BEST competition. HR 20 was adopted without objection. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 195 LEAVE OF ABSENCE GRANTED The following member was granted leave of absence for the remainder of today because of important business in the district: Shields on motion of Krusee. HCR 16 - ADOPTED (by Ramsay) Representative Ramsay moved to suspend all necessary rules to take up and consider at this time HCR 16. The motion prevailed without objection. The following resolution was laid before the house: HCR 16, Recognizing February 2, 1999, as Pittsburg Day at the Capitol. HCR 16 was read and was adopted without objection. HR 94 - ADOPTED (by Hilderbran) Representative Hilderbran moved to suspend all necessary rules to take up and consider at this time HR 94. The motion prevailed without objection. The following resolution was laid before the house: HR 94, Welcoming the Alzheimer's Association Coalition of Texas to the Capitol. HR 94 was read and was adopted without objection. HCR 53 HCR 53, honoring the Colorado River Municipal Water District for 50 years of service to West Texans, having been previously adopted, was read. HCR 45 - ADOPTED (by Zbranek) Representative Zbranek moved to suspend all necessary rules to take up and consider at this time HCR 45. The motion prevailed without objection. The following resolution was laid before the house: HCR 45, Recognizing February 2, 1999, as Chambers County Day at the Capitol. HCR 45 was read and was adopted without objection. INTRODUCTION OF GUESTS The speaker recognized Representative Zbranek, who introduced a delegation from Chambers County. 196 76th LEGISLATURE — REGULAR SESSION HR 82 - ADOPTED (by Cuellar, et al.) Representative Cuellar moved to suspend all necessary rules to take up and consider at this time HR 82. The motion prevailed without objection. The following resolution was laid before the house: HR 82, Designating February 3, 1999, as United Way Day at the Capitol. HR 82 was read and was adopted without objection. HR 93 - ADOPTED (by Eiland) Representative Eiland moved to suspend all necessary rules to take up and consider at this time HR 93. The motion prevailed without objection. The following resolution was laid before the house: HR 93, Honoring the 40th wedding anniversary of Tom and Betty Hardin. HR 93 was read and was adopted without objection. (Gallego now present) HR 97 - ADOPTED (by Smithee) Representative Seaman moved to suspend all necessary rules to take up and consider at this time HR 97. The motion prevailed without objection. The following resolution was laid before the house: HR 97, Honoring Lyndon Anderson on his retirement from the Texas Department of Insurance. HR 97 was adopted without objection. On motion of Representative Smithee, the names of all the members of the house were added to HR 97 as signers thereof. HR 95 - ADOPTED (by Cuellar) Representative Cuellar moved to suspend all necessary rules to take up and consider at this time HR 95. The motion prevailed without objection. The following resolution was laid before the house: HR 95, In memory of Concepcion H. Farias. HR 95 was unanimously adopted by a rising vote. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 197 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). RULES SUSPENDED Representative Junell moved to suspend the 5-day posting rule to allow the Committee on Appropriations to consider HB 1. The motion prevailed without objection. PROVIDING FOR ADJOURNMENT Representative Kuempel moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 10 a.m. tomorrow. The motion prevailed without objection. 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.) ADJOURNMENT In accordance with a previous motion, the house, at 11:14 a.m., adjourned until 10 a.m. tomorrow. ———————————————— ADDENDUM —————————————— REFERRED TO COMMITTEES The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures: List No. 1 HB 151 (by Naishtat), Relating to the punishment for a capital offense. To Criminal Jurisprudence. HB 152 (by Pickett, Dukes, and Swinford), Relating to the punishment for the offense of graffiti. To Criminal Jurisprudence. HB 153 (by Nixon), Relating to the expunction of certain information contained in records and files relating to an arrest. To Criminal Jurisprudence. 198 76th LEGISLATURE — REGULAR SESSION HB 154 (by Naishtat), Relating to the representation of the state by the attorney general in certain cases involving nursing facilities. To Human Services. HB 155 (by Naishtat), Relating to the punishment for certain assaultive offenses involving domestic violence. To Criminal Jurisprudence. HB 156 (by Wolens), Relating to the application of the open meetings law to certain meetings at which a governmental body receives information from third persons, including government employees. To State Affairs. HB 157 (by Wise), Relating to the civil commitment of sexually violent predators. To Corrections. HB 158 (by Wise), Relating to recovery or possession of or access to certain children and to the offenses of interference with child custody, agreement to abduct from custody, and enticing a child. To Criminal Jurisprudence.