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Amended, Failed to Pass to Third Reading HOUSE JOURNAL EIGHTY-FIRST LEGISLATURE, REGULAR SESSION PROCEEDINGS SEVENTY-FOURTH DAY Ð TUESDAY, MAY 19, 2009 The house met at 1 p.m. and was called to order by the speaker pro tempore. The roll of the house was called and a quorum was announced present (Recordi952). Present Ð Mr. Speaker; Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; 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; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; PenÄa; Phillips; Pickett; Pierson; 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 Ð Cohen; Kuempel. Absent, Excused, Committee Meeting Ð Pitts. SB 472 - NOTICE OF MOTION TO RECONSIDER Pursuant to the provisions of Rule 7, Section 37(c) of the House Rules, at 1:06ip.m., Representative Deshotel announced the intention of a member to, in at least one hour, make the motion to reconsider the vote by which SB 472, as amended, failed to pass to third reading. CSHCR 22 - RULES SUSPENDED Pursuant to notice of intent given earlier today, Representative Burnam moved to suspend the regular order of business and all necessary rules to consider CSHCR 22 at this time. The motion prevailed. 3972 81st LEGISLATURE Ð REGULAR SESSION CSHCR 22 (by Burnam and Kent) CSHCR 22, Granting the Chishty family permission to sue the State of Texas, the Department of Aging and Disability Services, and the Denton State School. Amendment No. 1 Representatives Phillips and Burnam offered the following amendment to CSHCRi22: Amend CSHCR 22 (House Committee printing) as follows: (1) On page 1, lines 1-3, strike "and Aqueel Chishty, both individually and as next friend for their son, Haseeb Chishty, allege", and substitute "as next friend for her son, Haseeb Chishty, alleges". (2) On page 3, lines 3-4, strike "and Aqueel Chishty, both individually and as next friend for their son, Haseeb Chishty, are", and substitute "as next friend for her son, Haseeb Chishty, is". Amendment No. 1 was adopted. CSHCR 22 - STATEMENT OF LEGISLATIVE INTENT REPRESENTATIVE HUNTER: LonÐso we can get this clearÐthis is a permission to sue? REPRESENTATIVE BURNAM: Correct. HUNTER: You have allegations onlyÐ BURNAM: Correct. HUNTER: Ðin the permission to sue. It was reviewed by my committee, Judiciary and Civil Jurisprudence,Ð BURNAM: And voted out unanimously. HUNTER: Ðand voted out unanimously. So everybody understandsÐthe damages are not unlimited. BURNAM: They re' capped. HUNTER: Their damages are capped and there is a formula set in statute, so that this doesn t' go out of sight. It is actually controlled within a $250,000-$500,000 range, correct? BURNAM: You re' absolutely correct. HUNTER: So everybody understands, all this is doing is allowing your constituents to continue and start a trial. BURNAM: That s' correct. REMARKS ORDERED PRINTED Representative Moody moved to print remarks between Representative Hunter and Representative Burnam. The motion prevailed. Tuesday, May 19, 2009 HOUSE JOURNAL Ð 74th Day 3973 CSHCR 22, as amended, was adopted by (Record 953): 139 Yeas, 0 Nays, 4 Present, not voting. Yeas Ð Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Chisum; Christian; Coleman; Corte; Crabb; Craddick; Creighton; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland(C); 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, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; PenÄa; Phillips; Pickett; Pierson; 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 Ð Mr. Speaker; Callegari; Hartnett; Miller, S. Absent, Excused Ð Cohen; Kuempel. Absent, Excused, Committee Meeting Ð Pitts. Absent Ð Cook; Crownover; Howard, C.; Jones. LEAVES OF ABSENCE GRANTED On motion of Representative Crownover and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day. SB 472 - NOTICE OF MOTION TO RECONSIDER AND TABLE Pursuant to the provisions of Rule 7, Section 37(c) of the House Rules, at 1:25ip.m., Representative Crownover announced her intention to, in at least one hour, make the double motion to reconsider the vote by which SB 472, as amended, failed to pass to third reading and to table the motion to reconsider. RULES SUSPENDED Representative Thompson moved to suspend all necessary rules to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day. The motion prevailed. 3974 81st LEGISLATURE Ð REGULAR SESSION MOTION FOR ONE RECORD VOTE On motion of Representative Thompson and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk. LOCAL, CONSENT, AND RESOLUTIONS CALENDAR THIRD READING The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following bill number). (Record 954): 145 Yeas, 0 Nays, 1 Present, not voting. Yeas Ð Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland(C); 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; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; PenÄa; Phillips; Pickett; Pierson; 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 Ð Mr. Speaker. Absent, Excused Ð Cohen; Kuempel. Absent, Excused, Committee Meeting Ð Pitts. Absent Ð Martinez Fischer. HB 3521 HB 4702 SB 97 (Shelton - no) (144 - 1 - 1) SB 161 Tuesday, May 19, 2009 HOUSE JOURNAL Ð 74th Day 3975 SB 381 (Aycock and Darby - no) (143 - 2 - 1) SB 407 SB 461 (Aycock, Darby, and Harless - no) (142 - 3 - 1) SB 470 (Flynn, Phillips, and Weber - no) (142 - 3 - 1) SB 488 (Anderson, Aycock, Darby, Flynn, and Harless - no) (140 - 5 - 1) SB 529 SB 663 SB 702 SB 866 SB 874 SB 1036 SB 1225 SB 1246 (Anderson, Aycock, and Harless - no) (142 - 3 - 1) SB 1291 SB 1334 SB 1448 SB 1796 (Aycock, Darby, and Harless - no) (142 - 3 - 1) SB 2019 SB 2497 SB 2513 REGULAR ORDER OF BUSINESS SUSPENDED On motion of Representative Thompson and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment. (Speaker in the chair) MAJOR STATE CALENDAR
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