house journal, 63-0, thursday january 18, 1973 · house journal sixty-third legislature. regular...

HOUSE JOURNAL SIXTY-THIRD LEGISLATURE. REGULAR SESSION

PROCEEDINGS

SEVENTH DAY-THURSDAY, JANUARY 18, 1973

The House met at 10:00 a.m. and was called to order by the Speaker.

The roll of the House was called and all Members were present except the following (Record No.1, page 168):

Absent: Bigham, Bowers, Cavness, Coleman, Doyle, Finney, F. Green, Hale, Sage, Slack, Sullivant, Von Dohlen, Washington, and Williamson.

Absent-Excused: Agnich, Joe Allen, Atwell, Cates, Cobb, Cole, Doran, Heatly, Howard, Lee, Murray, Scoggins, Spurlock, and Vale.

A quorum of the House was announced present.

The Invocation was offered by the Reverend Arthur E. Rode, Pastor of Faith Lutheran Church, Austin, Texas, as follows:

Dear Lord, Your patience is longer than the longest day; give to me this day:

--eeagerness to do my work ~curiosity to probe the new -detennination to verify rumor

and courage to live until sundown, knowing that tomorIOW is in Your hands. Help me to be faithful, in Christ. Amen.

LEAVES OF ABSENCE GRANTED

'The following Members were gIanted leaves of absence for today because of important business:

Mr. Atwell on motion of Mr. Sanchez.

Mr. Heatly on motion of Mr. Tarbox.

Mr. Howard on motion of Mr. Craddick.

Mr. Joe Allen on motion of Mr. Bynum.

Mr. Cole on motion of Mr. Powers.

Mr. Murray on motion of Mr. F. McDonald.

The following Member was granted leave of absence for today because of state business:

Mr. Cates on motion of Mr. Semos.

The following Member was granted leave of absence for today to attend the inauguration of President Nixon:

Mr. Agnich on motion of Mr. Hutchison.

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The following Members were granted leaves of absence for today because of illness:

Mr. Spurlock on motion of Mr. Sherman.

Mr. Vale on motion of Mr. Garcia.

Mr. Cobb on motion of Mr. Powers.

Representatives Doyle and Von Dohlen entered the House and were announced present.

PRAYER ORDERED PRINTED

Mr. Harris moved to print the prayer offered this morning in the Journal.

The motion prevailed without objection.

MESSAGE FROM THE SENATE

Austin, Texas, January 18, 1973 Honorable Price Daniel, Jr. Speaker of the House of Representatives

Sir: I am directed by the Senate to inform the House that the Senate has passed the following:

SCR 9, by Creighton: Naming a committee of five Members to appoint and designate an outstanding and recognized artist.

CHARLES A. SCHNABEL Secretary of the Senate

Representatives Cavness, Coleman, Bigham, Sullivant, and Williamson entered the House and were announced present.

LEAVES OF ABSENCE GRANTED

The following Member was granted leave of absence for today because of illness:

Mr. Lee on motion of Mr. Williamson .

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Representatives Washington, Finney, Bowers, and Sage entered the House ~tnd were announced present.

January 18, 1973 HOUSE JOURNAL 149

LEAVES OF ABSENCE GRANTED-(Continued)

The following Member was granted leave of absence for today because of important business:

Mr. Doran on motion of Mr. Clayton.

RESOLUTION SIGNED BY THE SPEAKER

The Speaker signed in the presence of the House, after giving due notice thereof, the following enrolled resolution:

SCR 8, Requesting the Governor to recommend closing of state offices for inaugural events.

Representative Hale entered the House and was announced present.

STATEMENT BY THE SPEAKER

On motion of Mr. Nichols, and by unanimOllS consent the following statement by Speaker Daniel was ordered printed in the Journal:

Fellow Members of the House:

. It has been rare, although not unprecedented in recent years for the Speaker of this House to address his colleagues on substantive matters from the Speaker's Chair. I do so today to call your attention to, and recommend your action on, a most pressing matter which affects public confidence in our actions and in our laws.

. I refer to Article 2168A, entitled "Attendance On Legislature," which

requires mandatory legislative continuances of civil and criminal law suits.

This law serves a good and useful purpose when a Member of this House is a party to a law suit or when he is a bona fide attorney adually participating in the preparation or trial of a case before the Legislature convenes. But this statute has been subject to abuse that has reflected negatively upon this Body.

On too many occasions, a Legislator has been retained solely or principally in order to obtain continuances and thereby to delay civil and criminal suits pending in our courts.

During this 63rd Session, as we strive not only for refonn, but also for a restoration of public confidence in state government, we have the opportunity and obligation to eliminate the abuse of this legislative privilege.

My remarks and my recommendation that Article 2168A be amended are not intended and should not be construed as criticism of any particular individual or individuals who have made use of the legislative continuance. I myself have had to file legislative continuances in cases which were set for trial during legislative sessions and in which I was the bona fide lead counsel of record-just as many other lawyer Members of this House have done. I condemn no past actions. My concern is simply for the future.

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I believe that the attorney Members of this Legislature would be the first to admit that the abuse of the law to which I refer has brought embarrassment to this Legislature and has put all of us in a bad light before the judiciary, the bar, and the people whom we are elected to represent.

Therefore, I recommend that Article 2168A be amended to protect Members who are parties to or attorneys in previously pending to specifically prohibit the invocation of the legislative continuance privilege in cases accepted by attorney Members immediately before or during legislative sessions for the sole purpose of delaying the trial of the cause.

I have asked Representatives Caldwell, Hale, G. Jones, Lary, Nugent, and Preston to have legislation drafted to accomplish this purpose and to have the bill ready for filing next week.

Again, I intend no personal affront to any lawyer Member who has filed a motion under Article 2168A. There are 69 House Members who are attorneys and three Members who are law students. I ask these Memberssin consideration of improving public confidence in this Legislature, our state government, and our common profession-to take the leadership in working for the passage of this bill to demonstrate once again our commitment to internal reform.

CONCERNING APPROPRIATIONS BILL

By unanimous consent, the House granted pennission for the Appropriations bill to be read first time and referred to committee out of order.

PROVIDING FOR ADJOURNMENT

Mr. Kaster moved that, at the conclusion of the reading of bills and resolutions on first reading- and referral to committees, the House adjourn until 11 :00 a.m. next Monday.

The motion prevailed without objection.

SCR 9-REFERRED TO COMMITTEE

(Providing for a committee to appoint a Texas State Artist)

The Speaker laid before the House the following resolution:

SCR 9

Whereas, The development of a nation's or a region's art is indicative of its culture and the work of a distinguished artist reflects the spirit of a partiCUlar time or place with beauty and integrity; and

Whereas, Recognition of outstanding artists in this state and their elevation to places of honor would be a tribute justly deserved and would also serve to encourage other Texas artists; and

Whereas, It is appropriate that the Legislature of the State of Texas establish a policy of naming a Texas State Artist, who shall be chosen for exceptional ability in portraying the beauty of the State of Texas or some facet of Texas history or culture; now, therefore, be it


Resolved by the Senate of the State of Texas, the House of Representatives concurring, That there shall be named a committee of five members to appoint and designate an outstanding and recognized artist, who is a citizen of Texas, as Texas State Artist for the yea.r beginning May 1, 1972 and ending April 30, 1973; and a Texas State Artist with like qualifications shall be designated for the year beginning May 1, 1973 and ending April 30, 1974; that this committee shall consist of two Members of the Sena,te to be named by the Lieutenant Governor, and two Members of the House of Reprf'sentatives to be named by the Speaker; and that the committee shall meet with the Governor, who is hereby designated as the fifth member of the committee or, if the Governor does not serve, he is hereby authorized to designate a fifth member of the committee to represent him.

The resolution was referred to the Committee on House Administration.

HCR 8 REFERRED TO COMMITTEE

(Providing for a committee to appoint a Texas State Artist)

Mr. Slack offered the following resolution:

HCR 8

Whereas, The development of a nation's or a region's art is indicative of its culture and the work of a distinguished artist reflects the spirit of a particular time or place with beauty and integrity; and

Whereas, It has become traditional to recognize outstanding artists in this state, elevating them to places of honor, and this is a tribute justly deserved and also serves to encourage other Texas artists; and

Whereas, It is a,ppropriate that the Legislature of the State of Texas maintain a policy of naming a Texas State Artist, who shall be chosen for exceptional ability in portraying the beauty of the State of Texas or some facet of Texas history or culture; now, therefore, be it

Resolved by the House of Representatives of the 63rd Legislature of the State of Texas, the Senate concurring, That there be named a committee of five members to appoint and designate an outstanding and recognized artist, who is a citizen of Texas, as Texas State Artist for the year beginning May 1, 1973, and ending April 30, 1974; and that a Texas State Artist with like qualifications be designated for the year beginning May 1, 1974, and ending April 30, 1975; and, that this committee shall consist of two Members of the House of Representatives to be named by the Speaker of the House, and two Members of the Senate to be named by the Lieutenant Governor; and, be it further

Resolved, That the committee shall meet with the Governor, who is hereby designated as the fifth member of the committee or, if the Governor does not serve, he is herebv authorized to designate a fifth member of the committee to represent him.

The resolution was referred to the Committee on House Administration.

HSR 15 REFERRED TO COMMITTEE

(Commending and honoring Governor Preston Smith)

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Mr. McAlister and Mr. Tarbox offered the following resolution:

HSR 15

Whereas, Governor Preston Smith is deserving of the highest praise for his administration as Governor of Texas and is due a comparable degree of esteem for his long career as a capable and effective sta.tesman and lawmaker. His life in public service has followed in the finest tradition of the distinguished public officials of Texas; and

Whereas, He has proved that a man of the people and for the people can, through dint of hard work and remarkable capability, raise himself to the highest office and greatest honor in the State of Texas, the Office of Governor. Having a.ttained that office he has made it apparent to all that a self-made man who worked his way through college and created his own business is especially qualified to perfonn the duties inherent in the Governor's role with proficiency, dignity, and wisdom; and

Whereas, Governor Smith's years of public service began in 1944 when he was elected State Representative for the 119th District. He was immediately recognized as a leader and earned the utmost respect from his fellow lawmakers. He ran for two more successive terms and was reelected without opposition in both races; and

Whereas, In 1956 he was elected Sta.te Senator from the 28th Senatorial District. His constituents were anxious to show the confidence and trust they felt in him. After being reelected State Senator in 1960 he ran successfully in 1962 for Lieutenant Governor and again in 1964 and 1966. During these years the Senate hailed him as an unusually able leader who aimed unswervingly to provide his state with the best legislative guidance possible; and

Whereas, It is in the office of Governor, however, that Preston Smith has shown to the fullest extent his real capabilities as an innova.tive and creative leader with seemingly unerring knowledge of what will most benefit his state and the citizens of Texas. He has always viewed the role of Texas state government as one to help people, at a local, personal level, to solve their problems and to maximize their opportunities; and

Whereas, His special style as Governor arises from his own experience and is a consequence of his belief that governmental decisions should be made at the local level whenever possible, which is the best expression of government by the people. He foresa,w the move of many decision-making responsibilities from the federal to state and local levels and he acted in significant ways to make the transition a profitable one for the people; and

Whereas, He initiated and designed new and exciting programs created to discern the needs of citizens and the best methods for accomplishing their goals. His administration could appropriately be labeled a "Program of Opportunity." He expended much effort to provide the best educational system possible. During his years in office innumerable new universities and professional colleges were funded, also huge strides were made in the fields of vocational and technical education. In addition, he worked hard on he-half of the state's educators and created a program of in-service training and continuing education for state employees; and

Whereas, He was diligent in his efforts to curb crime, initiating new


actions in the fight to combat drug a.buse and an alcohol safety action program. He originated a tremendous drive to improve highway safety with a comprehensive traffic safety program; and

Whereas, One of his biggest areas of interest and action has been in the human relations field. He set high goals for the Human Relations Committee and has maintained the Governor's Conference on Children and Youth. In the executive branch he included an Office of Early Childhood Dc\(lopment. Due to the open lines of communication with students, a desll c' for understanding as well as a demand for mature responsibility, he successfully met current crises on university campuses; and

Whereas, Concerned about the Texas economy and the most efficient use of the state's natural endowments, he has maintained the opportunity for Texas to benefit from its Gulf Coast and marine resources. In addition, he fostered the Industrial Development Commission and engineered manpower planning. The Texas Film Commission has attracted a new industry to the state. To maintain existing trade benefits the Texas International Trade Office was opened in Mexico City. Especially important to any economy is transportation; therefore, a statewide study of transportation needs was undertaken during his administration; and

Whereas, The urban crisis was directly confronted by the Texas Urban Development Commission sponsored by the Governor: implementation is in effect through Model Cities, Operation Breakthrough, and the Texas Office of Economic Opportunity. Nor did the Governor neglect the rural areas: Texas Communities Tomorrow is pioneering new ways of providing assistance to local communities; and

Whereas, Perhaps the most significant of the Governor's accomplishments is his program for coordinating federal, state, and local governmental efforts. Not only was this effected by creating an intergovernmental relations commission or by increasing funds for the significant work of the Councils of Government, but also a well-planned yet flexible program of the future was presented in Goals for Texas; and

Whereas, Governor Preston Smith has contributed much to his state; his life has been dedicated to its welfare. Texas cannot count the ways it has benefited from his direction, his energy, and his ideas. The people, the lawmakers, all Texans, can only humbly thank him for the service he has rendered; now, therefore, be it

Resolved by the House of Representatives of the State of Texas, That Governor Preston Smith hereby be commended and honored, and that he be p.xtended highest tribute by this resolution for all he has done to perpetuate the tradition of excellent state government in Texas; and, be it further

Resolved, That an official copy of this resolution be presented to Governor Preston Smith as an expression of appreciation and highest regard from the House of Representatives of the State of Texas.

The resolution was referted to the Committee on Rules.

HOUSE JOINT RESOLUTIONS ON FIRST READING

The following House Joint Resolutions were today laid before the House, read first time and referred to committees, as follows:

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By Willis and Massey:

HJR 5, A Joint Resolution proposing an amendment to Article XVI, of the Texas Constitution, as amended, by adding a new Section 67 to provide that all persons attain majority at the age of 18 years and thereafter have all the rights, privileges, and obligations of an adult.

Referred to Committee on Judiciary.

By Williams, Salem, Willis, L. Jones, and Edwards:

HJR 6, A Joint Resolution proposing an amendment to Article III, Section 49-b, of the Texas Constitution, as amended, to provide for an additional $100 million in bonds or obligations of the State of Texas for the Veterans' Land Fund.

Referled to Committee on State Affairs.

By Miller:

HJR 7, A Joint Resolution proposing amendments to Article XVI, Sections 50 and 51, of the Texas Constitution, to include within the scope of homestead protection the real property of an unmarried adult which meets the other requirements of homestead property, and to provide that a family homestead may not be abandoned except with the consent of both spouses.

Refened to Committee on Judiciary.

HOUSE BILLS ON FIRST READING

The following House Bills were today laid before the House, read first time and referred to committees, as follows:

By Korioth, Hudson, Reynolds, Hawn, Agnich, Barnhart, Ragsdale, T. McDonald, Davis, Vecchio, Mattox, Semos, Maloney, Sullivant, Blythe, Doyle, and Hutchison:

HB 76, A bill to be entitled An Act relating to reports by the Comptroller to cities imposing the city sales and use tax; providing for lists of delinquent taxpayers; providing for lists of taxpayers not included in reports; requiring the consent of a· city before the dismissal, settlement, or compromise of tax suits when the city is a party; amending Section 5 and Subsection A of Section 12, Chapter 36, Acts of the 60th Legislature, Regular Session, 1967, as amended (Article 1066c, Vernon's Texas Civil Statutes); and declaring an emergency.

Refened to Committee on Revenue and Taxation.

By Vale, G. Jones, and Baker:

HB 77, A bill to be entitled An Act relating to the authority of an insurer to disclaim coverage under a policy of liability insurance for failure of the insured to forward the citation and petition or complaint giving notice of a suit against the insured; amending the Texas Insurance Code, as amended, by adding Article 5.06-6; and declaring an emergency.


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By Joe Allen:

HB 78, A bill to be entitled An Act relating to academic freedom, professional status, and dismissal of faculty members of institutions of higher education; amending Chapter 51, Texas Education Code, by adding Subchapter H; and declaring an emergency.

Refened to Committee on Education.

By Cobb, Garcia, Newton, Simmons, Nugent, Cates, Doyle, and Laney:

HB 79, A bill to be entitled An Act relating to modifying the insurance coverage requirements of the Texas Motor Vehicle Safety-Responsibility Act; amending Sections 1 and 15, Subsection (c) of Section 5, and Subsection (b) of Section 21, Texas Motor Vehicle Safety-Responsibility Act, as amended (Article 6701h, Vernon's Texas Civil Statutes); arid declaring an emergency.

Refened to Committee on Transportation.

By Williams, Edwa.rds, Willis, Watson, and R. Green:

HB 80, A bill to be entitled An Act relating to exemptions from taxation of property owned by disabled veterans and surviving spouses and children of deceased veterans; and declaring an emergency.

Referred to Committee on Revenue and Taxation.

By Williams:

HB 81, A bill to be entitled An Act relating to the removal of justices of the peace by amending the definition of "incompetency"; amending Subsection (b), Article 5972, Revised Civil Statutes of Texas, 1925, as amended; and declaring an emergency .

. Referred to Committee on Judiciary.

By Williams:

HB 82, A bill to be entitled An Act relating to the establishment of airport security forces in certain airports and to. the commissioning of certain employees of airport security forces as peace officers; amending Article 2.12, Code of Criminal Procedure, 1965, as amended; and declaring an emergency.

Referred to Committee on Intergovernmental Affairs.

By Adams:

HB 83, A bill to be entitled An Act relating to the tuition fee charged to students enrolled at state-supported institutions of higher education who have earned a degree or degxees on the basis of completion of four or more years of college study; exempting certain students at state supported institutions of higher education from the payment of building,

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union, and service fees; amendin~ Section 54.051 of the Texas Education Code; repealing all laws in conflict; and declaring an emergency.

Referred to Committee on Education.

By Sage:

HB 84, A bill to be entitled An Act exempting certain athletic organizations from the payment of the Limited Sales, Excise, and Use Tax; amending Article 20.04, Title 122A, Taxation-General, Revised Civil Statutes of Texas, 1925, as amended, by adding a Section (BB); and declaring an emergency.


By Clark, Williams, and Pentony:

HB 85, A bill to be entitled An Act declaring a policy for a standard of ethics for Members of the House of Representatives and Senate, legislative officers or employees, elected or appointed state officers, and judges; establishing standards of conduct; creating a State Ethics Commission; requiring reporting of campaign financial contributions; requiring full, public disclosure of all sources of income, debts, holdings of members, officers and judges and their immediate families: requiring legislative ag-ents to register with the Ethics Commission and submit certain information to the commission; prescribing standards of conduct for legislative agents; declaring violations and penalties for legislative agents; declaring powers and duties of the Ethics Commission; declaring findings and disposition of cases brought before the Ethics Commission; declaring the confidential nature of certain matters of the Ethics Commission; establishing compensation for Ethics Commission members; declaring violations and penalties; providing for appeals; providing that other remedies not be prejudiced; repealing certain other acts; providing for severability; and declaring an emergency.

Referred to Committee on State Affairs.

By Williams, Clark, Willis, and Lombardino:

HB 86, A bill to be entitled An Act relating to certain penalties for certain narcotic offenses; amending Section 23, Subsection (b), Uniform Narcotic Drug Act, as amended (Article 725b, Vernon's Texas Penal Code); and declaring an emergency.

Referred to Committee on Criminal Jurisprudence.

By Hilliard and G. Jones:

HB 87, A bill to be entitled An Act amending Chapter 8, Title 112, Vernon's Texas Civil Statutes, 1925, as amended, to add a new Article 6388-A; by prohibiting and declaring unlawful, in the interest of public safety, health, and welfare, the boarding or entry or attempted boarding or entry of a standing or moving railroad locomotive or car; providing that no person injured while engaged in said act or acts or while riding or occupying said railroad locomotives or cars shall recover damages unless the injury was intentionally caused by such persons, firm or corpora-


tion having possession and control of such locomotive or car; repealing all laws in conflict; and declaring an emergency.

Referred to Committee on Transportation.

By Nugent, C. Parker, Finney, Head, Hale, Calhoun, and Cobb:

HB 88, A bill to be entitled An Act relating to reform of civil suits based on negligence; establishing a system of comparative negligence and modifying existing rules as to the effect of contributory negligence; providing for simplification of the process of submitting issues to the jury; providing for contribution among certain joint tort-feasors; amending the "guest statute," Section 1, Chapter 225, Acts of the 42nd Legislature, Regular Session, 1931 (Article 6701b, Vernon's Texas Civil Statutes); and declaring an emergency.

Refened to Committee on Judiciary.

By Kubiak:

HB 89, A bill to be entitled An Act amending Subsections (a), (b) and (c) of Section 3.59 of the Texas Education Code; relating to composition, appointment and terms of the State Board of Trustees of the Teacher Retirement System, providing this Act to be severable; and declaring an emergency.


By Kubiak:

HB 90, A bill to be entitled An Act relating to providing for the issuance of distinctive license plates for the private vehicles owned and operated by certain volunteer or regularly employed firemen while answering fire alanns; amending Chapter 88, Acts of the 41st Legislature, 2nd Called Session, 1929, as amended (Article 6675a-l, et seq., Vernon's Texas Civil Statutes); and declaring an emergency.

Referled to Committee on Transportation.

By Kubiak:

HB 91, A bill to be entitled An Act relating to the creadon of the Advisory Commission on Early Childhood Education; amending Subchapter A, Chapter 11, Texas Education Code, by adding Section 11.17; and declaring an emergency.


By Kubiak:

HB 92, A bill to be entitled An Act relating to the operation of public schools on a quarter system, amending Section 16.862 of the Texas Education Code; and declaring an emergency.

Referled to Committee on Education.

By Kubiak:

HB 93, A bill to be entitled An Act providing Educational Secretaries

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<,nd Instructional-Administrative Officers as additional positions under the :v1inimum Foundation Program; providing a formula for the allocation of such units; providing for certification; providing a salary schedule; providing a severability clause; and declaring an emergency.


By Cole:

HB 94, A bill to be entitled An Act creating Commerce Water District as a conservation district, under Article XVI, Section 59 of the Texas Constitution, comprising the territory contained in the City of Commerce, Hunt County, Texas, as the boundaries of said city existed on the first day of January, 1973, for the purpose of providing a source of water supply for municipal, domestic, commercial, and industrial use, and diverting, impounding, storing, treating, and transporting the same, and acquiring, constructing, and operating water facilities; providing for a board of directors for the government of said district; providing the means of annexing additional territory to said district; authorizing the district to obtain permits from the Texas Water Rights Commission and from owners of permits; authorizing the district to acquire any interest in land for its purposes by condemnation; providing that any construction contract in excess of $5,000 should be made only after publication of notice; authorizing the district to issue bonds and providing for the payment and security thereof; providing that said bonds shall be payable either from ad valorem taxes or revenues, or a combination of ad valorem taxes and revenues; authorizing the issuance of refunding bonds; authorizing the execution of trust indentures or deeds of trust to secure bonds payable from revenues or partly from revenues; providing for elections approving the issuance of bonds payable wholly or partly from ad valorem taxes; authorizing the district to enter into contracts with public agencies, political subdivisions, and others, including specifically the City of Commerce and East Texas State University, for any purpose relating to the district's powers and functions, including supplying water to them, and for operation of the district's water facilities; authorizing all public agencies and political subdivisions, including specifically the City of Commerce and East Texas State University, to contract with and convey land or any interest therein to the district; providing for the approval of bonds issued by the district and contracts entered into by the district by the Attorney General and registration of bonds by the Comptroller of Public Accounts of the State of Texas; prescribing other powers and duties of the district; providing a severability clause; and declaring an emergency.

Referred to Committee on Natural Resources.

By Tarbox and Truan:

HB 95, A bill to be entitled An Act authorizing al1\1 providing for supplemental aid programs for adult education where offered in public educational agencies toward the education and training of certain persons not having a high school education or the educational prerequisites for developing a salable skill; providing for the financing thereof in part from state funds; providing that the Central Education Agency shall develop programs, rules, and regulations for the implementation of this Act; 'l.mending Subchapter A, Chapter 11, Texas Education Code, by adding 3ection 11.17; amending Section 21.902, Texas Education Code; and declaring an emergency.



By Williams, Willis, and MadIa:

HB 96, A bill to be entitled An Act relating to certain tax exemptions for volunteer fire departments; amending Article 7150, Revised Civil Statutes of Texas, 1925; as amended, by adding a Section 28; amending Article 20.04, Title 122A, Taxation-General, Revised Civil Statutes of Texas, 1925; as amended, by adding a Section (AA); and declaring an emergency.


By Kaster:

HB 97, A bill to be entitled An Act relating to the creation of the State Board of Morticians and the qualifications of its members; amending Subsection A of and adding Subsection N to Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953, as amended (Article 4582b, Vernon's Texas Civil Statutes); and declaring an emergency.

Referred to Committee on State Affairs.

By Kaster:

HB 98, A bill to be entitled An Act creating Prude Ranch Independent School District; providing its territorial limits; providing for trustees; providing for certification of census of children and apportionment of state per capita; providing eligibility for Foundation School Program assistance and authority to accept gifts and grants; and declaring an emergency.


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By Salem:

HB 99, A bill to be entitled An Act relating to the mode of affiliating with a political party, affiliation as a prerequisite for participating in party primaries, party conventions, and other party affairs, restrictions on political activities outside the party with which the voter is affiliated, and related matters; containing penal provisions; amending the Texas Election Code as follows: amending Section 179a, as amended (Article 13.01a, Vernon's Texas Election Code); amending Subsection (a), Section 15, as amended (Article 3.01); adding Section 45c; amending Subdivision 3, Section 46a (Article 5.14a); amending Subdivision 1, Section 47a, as amended (Art;icle 5.15a); amending Subsection (1), Section 51a, as amended (Article 5.19a); adding Subsections (la) and (lb), Section 51a (Article 5.19a); amending Subdivision 2, Section 222, as amended (Article 13.45); amending Section 227, as amended (Article 13.50); amending Section 228, as amended (Article 13.51); repealing Sections 189a and 226, Texas Election Code (Articles 13.11a and 13.49, Vernon's Texas Election Code), and Article 240, Penal Code of Texas, 1925, as amended; fixing the effective date; and declaring an emergency.

RE'ferred to Committee on Elections.

By Vale:

HB 100, A bill to be entitled An Act validating and legalizing all special

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assessments and reassessments for street improvements levied or purported to be levied by any and all cities in the state and validating the proceedings of the governing bodies of such cities levying or purporting to levy . such assessments or reassessments; validating and legalizing all special assessments or reassessments levied or purported to be levied by all cities in the state for improvements to sanitary sewer systems within their limits or for improvements to water systems within their limits, either or both, against benefited properties and the owners thereof and validating the proceedings of the governing bodies of such cities levying or purporting to levy such assessments or reassessments; validating all assiJ!'1lable certificates of special assessment or special reassessment issued to evidence such assessments or reassessments; providing that nothing herein shall be construed as validating or legalizing any assessment lien for street or highway improvements against any interest in property exempt at the time the street or highway improvements where ordered from the lien of special assessment for the local improvements under the Constitution of the State of Texas or validating or legalizing any assessment lien for water or sewer improvements against any interest in property exempt at the time the lien became effective from the lien of special assessment for local improvements under the Constitution of the State of Texas providing a nonlitigation clause; providing a severability clause; and declaring an emergency.

Referted to Committee on Intergovernmental Affairs.

By Cavness, Weddington, Bales, and Foreman:

HB 101, A bill to be entitled An Act relating to the exemption of certain students from Nicaragua from tuition payments at state-supported institutions of higher education; amending Section 54.207, Texas Education Code, by adding Subsection (f); and declaring an emergency.

Referted to Committee on Education.

By Nowlin:

HB 102, A bill to be entitled An Act relating to the divestiture of real property on divorce or annulment; amending Section 3.63, Family Code; and declaring an emergency.


By Nabers:

HB 103, A bill to be entitled An Act amending Title 1 of the Family Code as follows: amending Section 1.01, relating to the persons who may acquire a marriage license; amending Section 1.02, relating to application for a marriage license; amending Subsection (b), Section 1.03, relating to the content of the marriage license application; amending Section 1.05, relating to application for a marriage license without a personal appearance before the c1eI-k; amending Section 1.06, relating to the execution of the marriage license application; amending Section 1.07, relating to the issuance of a marriage license; amending Subchapter C, Chapter 1, relating to age requirements and parental or other consent for marriage; amending Section 1.82, relating to the ceremony; amending Section 1.92, relating to the declaration and registration of informal marriage; amending Chapter 1 by adding Sections 1.93, 1.94, and 1.95, relating to the issuance of declarations of informal marriages, violations by county clerks, and the applica-


tion of penalties: amending Section 2.41, relating to marriages that are voidable and subject to annulment by the court sitting without a jury: amending Section 3.08, relating to defenses to a suit for divorce: amending Section 3.21, relating to domicile and residence requirements for divorce suits: amending Section 3.22, relating to the residency of a person absent on public service; amending Section 3.23, relating to the domiciliary and residency status of certain military personnel: amending Section 3.24, relating to suit by a nonresident spouse: amending Section 3.25, providing for , suit to declare a marriage void: amending Section 3.52, relating to pleadings; amending Section 3.53, relating to a suit to declare a marriage void: amending Section 3.54, relating to the requirement and availability of counselingj amending Section 3.56, relating to a suit to declare a marriage void: amending Section 3.58, relating to a suit to declare a marriage void; amending Section 3.64, relating to change of name and removing the requirement that a divorce or annulment decree must be based on full and satisfactory evidence; amending Section 3.65, relating to a suit to declare a marriage void j amending Section 5.03, relating to recordation of a schedule of separate property and the effect of recordation j amending Subsections (b) and (c), Section 5.22, relating to the management, control, and disposition of community propertYj amending Section 5.24, relating to the protection of third personSj amending Section 5.25, relating to management, control, and disposition of certain community property in certain unusual circumstances; amending Section 5.26, relating to management, control, and disposition of certain community property in case of a spouse missing on public servicej amending Chapter 5 by adding a Section 5.27, relating to cumulative remediesj amending Subsection (e), Section 5.41, and Subsection (d), Section 5.42, relating to recordation of agreements and constructive notice of these agxeementsj amending Subsection (b), Section 5.83, providing for the appointment of an attorney for the suit; amending Chapter 5 by adding a Section 5.831, relating to certain homestead rights in the case of a missing spouse: amending Section 5.85, relating to certain homestead rights under unusual circumstances: amending Section 5.86, relating to cumulative rights and remedies: amending Section 5.87, as added, relating to a community homestead when a spouse is missing on public service; repealing Sections 2.46 and 3.66, Family Code; and declaring an emergency.


By Dramberger:

HB 104, A bill to be entitled An Act relating to protecting axis deer in Bexar County; making penalties applicable to violations; amending Subsection c, Section 3, Uniform Wildlife Regulatory Act, as amended (Article 978j-1 ,Vernon's Texas Penal Code), by adding Subdivision (14); amending Section 13, Uniform Wildlife Regulatory Act, as amended (Article 978j-1, Vernon's Texas Penal Code), by adding Subsection q: and declaring an emergency.

Referred to Committee on Environmental Affairs.

By Dramberger, Sage, Nowlin, and MadIa:

HB 105, A bill to be entitled An Act authorizing the commissioners court of a county to regulate the use of land lying outside the limits of incorporated cities, towns, and villages: providing that no existing structure or use will be affected; providing for notice and hearings: establishing and

162 HOUSE JOURNAL

prescribing the duties of a zoning commission; providing for appeals; providing for enforcement; prescribing penal ties; prescribing the effect of conflicting laws; providing exceptions; and declaring an emergency.


By Tupper:

HB 106, A bill to be entitled An Act permitting right turns on red traffic signals under certain circumstances; amending Section 33, Uniform Act Regulating Traffic on Highways, as amended (Article 6701d, Vernon's Texas Civil Statutes); and declaring an emergency.

Referred to Committee on Transportation.

By Hubenak:

HB 107, A bill to be entitled An Act relating to the purchase and operation of school buses; amending Subchapter F, Chapter 21, Texas Education Code; repealing conflicting laws; and declaring an emergency.


By Hubenak:

HB 108, A bill to be entitled An Act relating to requiring the wearing of fluorescent orange clothing while hunting game animals; providing a penalty; and declaring an emergency.

Referred to Committee on Environmental Affairs.

By WiUiamR~

HB 109, A bill to be entitled An Act relating to the use of identifying devices and cards by persons having certain medical or physical conditions and to the duty owed to those persons; prohibiting any person from providing, wearing, using, or possessing the identifying devices with intent to deceive; providing a penl'\lty; and declaring an emergency.

Referred to Committee on Human Resources.

By Kaster:

HB 110, A bill to be entitled An Act making it a crime to commit a crime of violence against the person or property of another without having first notified the victim of his intent to commit the crime and of the victim's rights; providing penalties; amending Title 19, Penal Code of Texas, 1925, as amended, by adding Chapter 20; and declaring an emergency.


By C. Parker:

HB 111, A bill to be entitled An Act relating to the regulation and licensing by and procedures of the Texas Board of Private Detectives, Private Investigators, and Private Security Agencies and changing the name of that agency to the Texas Board of Private Investigators and Private


Security Agencies; relating to the privileges of registrants and licensees; providing penalties; amending Paragraph (7), Section 2, Subsection (b), Section 3, Section 4, Section 13, Subsection (b), Section 14, Section 33, Section 40, Secti6n 45, Subsection (a), Section 46, Chapter 610, Acts of the 61st Legislature, Regular Session, 1969, as amended (Article 4413(29bb), Vernon's Texas Civil Statutes), and adding Paragraph (10), Section 2, and Section 14A and repealing Subsections (c), (d), and (e), Section 14 and Section 36; amending Article 484, Penal Code of Texas, 1925; and declaring anmergency.

Referred to Committee on State Mfairs.

By Hendricks and Hollowell:

HB 112, A bill to be entitled An Act establishing life imprisonment with no parole as a punishment to replace the death penalty; amending Articles 47, 48, 84, 309, 1189, 1257, as amended, and 1408, Penal Code of Texas, 1925; amending Section 1, Chapter 12, Acts of the 42nd Legislature, Regular Session, 1931, as amended (Article 1177a, Vernon's Texas Penal Code); amending Subsection (c), Section 23, Unifonn Narcotic Drug Act, as amended (Article 725b, Vernon's Texas Penal Code); amending Subsections (a) and (b), Section 15, Article 42.12, as amended, Section 1, Article 26.05, as amended, Subsection (b), Section 2, Article 37.07, as amended, Section (b), Article 44.08, Subsection (a), Section 2, Article 46.01, as amended, and Articles 1.13, 1.14, as amended, 1.141, 1.15, as amended, 16.15, 34.01, 34.04, 35.15, 35.17, 40.03, 42.04, and 42.09, Code of Criminal Procedure, 1965; amending the title of Chapter 34, Code of Criminal Procedure, 1965; repealing Section 5, Article 46.02, and Articles 11.41, 11.58, 23.15, 23.16, 43.14, 43.15, 43.16, 43.17, 43.18, 43.19, 43.20, 43.21, 43.22, 43.23, 43.24, and 43.25, Code of Criminal Procedure, 1965; and declaring an emergency.

to Committee on Criminal Jurisprudence.

By Tupper, Edwards, and Bigham:

HB 113, A bill to be entitled An Act relating to the registration of certain motor vehicles without payment of the annual registration fee by certain veterans; amending Subsection (a), Section 5e, Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as added (Article 6675a-5e, Vernon's Texas Civil Statutes); and declaring an emergency.

Refened to Committee on State Mfairs.

By Tupper:

HB 114, A bill to be entitled An Act relating to the services done in the state's employ which are considered "employment"; amending Section 29, Texas Unemployment Compensation Act, as amended (Article 5221b-22d, Vernon's Texas Civil Statutes), to limit the services considered "employment" under this section; and declaring an emergency.

to Committee on Labor.

By Cole and Lary:

HB 115, A bill to be entitled An Act relating to and authorizing the

164 HOUSE JOURNAL

regulation and licensing of youth camps by the State Department of Health; prescribing certain powers and duties of the department; authorizing the department to promulgate rules and regulations to safeguard the safety and health of campers; requiring operators of youth camps to apply for, obtain and renew annually a licens~ from the department; setting the fees at five dollars ($5) for application and for annual renewal of a license; establishing and reappropriating the monies from a special fund to be known as the Youth Camp Safety and Health Fund; providing procedures for license revocation; authorizing the department to hold hearings, enter property, and granting power to examine safety and health records; prohibiting violations of this Act and the rules, regulations, and orders of the department; authorizing the department to institute civil suits to recover civil penalties of from fifty dollars ($50) to one thousand dollars ($1000) per violation, or for injunctive relief, or both; providing for judicial review of administrative actions; making certain other provisions; declaring this Act to be cumulative; providing for severability; and declaring an emergency.

Referred to Committee on Human Resources.

By Clark, Salem, Watson, Leland, Head, Williams, Washington, Allred, Kubiak, Vale, R. Green, Joe Allen, L. Jones, Lombardino, Pentony, Simmons, A. Hall, G. Jones, Waters, Reyes, Willis, Hernandez, W. Hall, Tupper, C. Parker, Denson, Menefee, Garcia, Nowlin, Sanchez, Preston, Rodriguez, Cooke, Poerner, MadIa, Bigham, Evans, Temple, Thompson, Sutton, Hilliard, Ragsdale, Nichols, Johnson, Canales, Tarbox, Caldwell, Truan, Kaster, Hale, Bynum, Coleman, Montoya, and Hendricks:

HB 116, A bill to be entitled An Act providing for a duty-free lunch period for teachers actively engaged in the instruction of public school children, providing funds in the Minimum Foundation Program from implementation of the duty-free lunch period, providing that the duty-free lunch period shall not result in a lengthened school day; and declaring an emergency.

Refened to Committee on Education.

By T. McDonald, Maloney, Russell, Hutchison, Semos, Reynolds, Peveto, Korioth, Bales, Hawn, Ragsdale, Johnson, Agnich, and Kaster:

HB 117, A bill to be entitled An Act authorizing warrants of certain magistrates to extend to every part of the state: amending Articles 15.06, 15.07, and 15.08, Code of Criminal Procedure, 1965, as amended; and declaring an emergency.


By Thompson, Johnson, R. Jones, Leland, Reyes, A. Hall, Hudson, Nichols, Ragsdale, Denton, Baker, Head, Waters, Sutton, Watson, Garcia, Nowlin, Vale, Sage, Tupper, Powers, Denson, Menefee, Montoya, Joe Allen, Bird, Edwards, Washington, Temple, Vecchio, Hernandez, Peveto, Boone, WecJdington, Mattox, Miller, Sanchez, Clark, W. Hall, Caldwell, Lombardino, Martin, Reynolds, MadIa, Allred, and Preston:

HB 118, A bill to be entitled An Act to amend Article 4591, Revised Civil Statutes of Texas, 1925, relating to the enumeration of legal holidays.

Refened to Committee on State Affairs.


By Caldwell and Von Dohlen:

HB 119, A bill to be entitled An Act making an appropriation to the Texas Constitutional Revision Commission; and declaring an emergency.

Referred to Committee on Appropriations.

By Grant, Edwards, Semos, Peveto, Denson, Waters, Denton, and Kubiak:

HB 120, A bill to be entitled An Act relating to qualifications for jury service; amending Article 2133, Revised Civil Statutes of Texas, 1925, as amended; and declaring an emergency.

ReferIed to Committee on Judiciary.

By Agnich, Davis, Korioth, Reynolds, Hilliard, Geiger, Russell, Semos, Maloney, Hutchison, T. McDonald, Kaster, Hawn, Caldwell, and Gaston:

HB 121, A bill to be entitled An Act making it a crime to detonate a bomb; exempting construction or demolition from the provisions of this law; amending Chapter 435, Acts of the 52nd Legislature, Regular Session, 1951, as amended (Article 1723, Vernon's Texas Penal Code); and declaring an emergency.


By Geiger, Hilliard, Agnich, and Hutchison:

HB 122, A bill to he entitled An Act relating to the motor fuel and diesel fuel tax paid by certain transit companies; amending Article 9.05, 9.14, 10.03, and 10.06, Title 122A, Taxation-General, Revised Civil Statutes of Texas, 1925, as amended; and declaring an emergency.


By Geiger, Hilliard, Agnich, and Hutchison:

HB 123, A bill to be entitled An Act exempting cities, counties, and state agencies from the motor fuel and diesel fuel tax; amending Articles 9.05, 10.03, and 10.06, Title 122A, Taxation-General, Revised Civil Statutes of Texas, 1925, as amended; and declaring an emergency.


By Slack:

HB 124, A bill to be entitled An Act repealing SB 414, Chapter 221, Acts of the Sixty-second Legislature, Regular Session, 1971; providing for disposition of the funds, property, and other assets of the Legislative Property Tax Committee; and declaring an emergency.

Referred to Committee on State Affairs

8y Lewis:

HB 125, A bill to be entitled An Act relating to the authority of certain

166 HOUSE JOURNAL

counties to govern and control solid waste collection, handling, storage, and disposal; and declaring an emergency.

Refened to Committee on Environmental Affairs.

By Cole:

HB 126, A bill to be entitled An Act relating to expunging from a person's criminal record a conviction for possession of cannabis in certain situations; amending Section 23, Chapter 169, Acts of the 45th Legislature, Regular Session, 1937, as amended (Article 725b, Vernon's Texas Penal Code); and declaring an emergency.


By Cole:

HB 127, A bill to be entitled An Act relating to the creation, powers, duties, and functions of the Legislative Information System Committee; and declaring an emergency.

Referred to Committee on House Administration.

By Cobb:

HB 128, A bill to be entitled An Act relating to branch offices for absentee voting by personal appearance in elections; amending Paragraph (b), Subdivision 14, Section 37, Texas Election Code, as amended (Article 5.05, Vernon's Texas Election Code); and declaring an emergency.

Referred to Committee on Elections.

By Cobb:

HB 129, A bill to be entitled An Act relating to the compensation of the stenographers, assistants, and investigators of the District Attorney of the 69th Judicial District; amending Section 3, Chapter 449, Acts of the 62nd Legislature, Regular Session, 1971 (Article 326k-66, Vernon's Texas Civil Statutes); and declaring an emergency.


By Cobb:

HB 130, A bill to be entitled An Act relating to dismissal of certain members of a jury panel; repealing Section 14, Chapter 905, Acts of the 62nd Legislature, Regular Session, 1971; and declaring an emergency.


By Hubenak:

HB 131, A bill to be entitled An Act prohibiting an incorporated city or town from abolishing or restricting the use of a sanitary landfill or solid waste disposal site owned or operated by another city, town, or political subdivision under certain circumstances; adding Section 6a to the Solid


Waste Disposal Act, as amended (Article 4477-7, Vernon's Texas Civil Statutes); and declaring an emergency .

•


By Hubenak:

HB 132, A bill to be entitled An Act relating to the operation of public schools on a quarter basis; amending Section 16.862, Texas Education Code; and declaring an emergency.


By Caldwell:

HB 139, A bill to be entitled An Act appropriating money for the support of the Judicial, Executive, and Legislative Branches of the state government, for the construction of state buildings, and for state aid to public junior colleges, for the period beginning September 1, 1973, and ending August 31, 1975; authorizing and prescribing conditions, limitations, rules and procedures for allocating and expending the appropriated funds; and declaring an emergency.

Referred to Committee on Appropriations.

ADJOURNMENT

In accordance with a previous motion, the House, at 10 :57 a.m., adjourned until 11:00 a.m. next Monday.

APPENDIX

STANDING COMMITTEE REPORT

The Committee on State Affairs filed a favorable report on HB 3.

168

DOROTHY HALLMAN CAUl Cllrk

RECORD NO. .1.

MDI0RANDA

YEA

.~OLL CALL C-Mf:IDMr in Ihe elYir

HOUSE JOURNAL

63RD LEGISLATURE

STATE OF TEXAS HOUSE OF REPRESENTATIVES

PRICE DANIEL, JR., Speaker REGULAR SESSION

NAME Y N P NAME Y N P NAME

I~ ~ ~ i~ Lee

I I"" leland

~J" 14 Lewis

III t;, ~ 'elino John

V Allred

~ ~ M Fox

~ :; '~: R B, IV'

~ Madia

~ ~ y Malonoy

~ III Martin

~ • M....,

~ ¥ ~. Mattox

~ Menef ..

~ Iv' I~ IT : \;I ,

Hanna M. ,

Bowers

BI ~" : Hawn

Caldwell ~' Head :g Calhoun ~ , Canales

f){ .~ ~ -." Cates Hendricks

Hernandez V Olson Cavness ' . Clark Hilliard

~ p._,e.

CI, Hoeslenblch P ...... ;w:-Cobb ell P.,,1ooty

Peveto

. ! Hubenak ¥r ~ f'6, Hudson

~ Hutchison Powers

Johnson Jones, G.

Denson JOnel, L RI&i Denton Kaster Royeo

Donaldson , Korioth tf ~ Doran I~ Doyle Laney \If

JEANETTE BURK JOIITM/ CI ... k

yiN P NAME

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house journal, 63-0, thursday january 18, 1973 · house journal sixty-third legislature. regular...

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