HOUSE JOURNAL EIGHTY-FIRST LEGISLATURE, REGULAR SESSION PROCEEDINGS SIXTY-FIRST DAY Ð 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 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; 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; PenÄa; 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 Ð 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 Ð 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 Ð 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 Ð 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; PenÄa; 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 Ð REGULAR SESSION Present, not voting Ð Mr. Speaker(C). Absent, Excused Ð Driver; Miller, S. Absent, Excused, Committee Meeting Ð Zerwas. Absent Ð 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 Ð 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