Breaking Down Yesterday’s Tax Plan Votes (& Some Exerpts From Printed Remarks)

Now that the House Journal for yesterday is finally online (.pdf; .html), I want to take a few minutes and break down some of the important votes from yesterday.

More after the jump.

CHSB 1, Amendment No. 2 (Geren, joined by Vo, Merritt, Ritter, Hamilton, R. Cook, Frost, Luna, Pitts, Orr, Villarreal, Bonnen, Phillips, Hopson, Kuempel, J. Keffer, Haggerty, Flynn, Dutton, Goodman, Casteel, Menendez, Turner, Puente, Blake, D. Jones, Veasey, Peña, Castro, and Gonzalez Toureilles). Amended the bill by striking SECTION 1.01, i.e., it put recapture back in the picture.

First, I want you to note that one unexpected Republican, Dan Flynn (R-Van), showed up in this one. That’s because several of the schools in Flynn’s district benefit from “share-the-wealth”/recaptured dollars. Same for Merritt, who I would have expected to join. But, as Flynn is a Leininger man who has previously campaigned on ending Robin Hood, I was shocked (but very glad) he signed on to this amendment.

Before we can get to the vote on the Geren Amendment, though, there was an amendment proposed to that amendment, CHSB 1 Amendment No. 3, which would have fundamentally diluted the Geren Amendment. Here’s the result of the Motion To Table on that one, which we won:

The motion to table prevailed by (Record 12): 78 Yeas, 68 Nays, 1 Present, not voting.

Yeas — Allen, A.; Bailey; Blake; Brown, F.; Burnam; Campbell; Casteel; Castro; Chavez; Coleman; Cook, R.; Crabb; Davis, Y.; Dawson; Delisi; Deshotel; Dunnam; Dutton; Edwards; Elkins; England; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Griggs; Guillen; Haggerty; Hamilton; Hardcastle; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Jones, D.; Keffer, J.; Kolkhorst; Kuempel; Laney; Leibowitz; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Naishtat; Oliveira; Olivo; Orr; Otto; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Rodriguez; Smithee; Solis; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Nays — Anchia; Anderson; Berman; Bohac; Bonnen; Branch; Brown, B.; Callegari; Chisum; Cook, B.; Corte, V.; Crownover; Davis, J.; Denny; Driver; Dukes; Eiland; Eissler; Gallego; Gattis; Goolsby; Grusendorf; Hamric; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard, C.; Hughes; Hunter; Hupp; Isett, C.N.; Jackson; Jones, J.; Keel; Keffer, B.; King, P.; King, T.; Krusee; Laubenberg; Luna; Madden; McCall; Morrison; Mowery; Nixon; Paxton; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Alonzo.

Absent — Howard, D.; Noriega, R.

With two surprising vote changes:

I was shown voting yes on Record No. 12. I intended to vote no.

Guillen

When Record No. 12 was taken, my vote failed to register. I would have voted no.

D. Howard

Not sure why Howard switched over on that one.

Now, the actual vote on the Geren Amendment was pretty much a landslide, breaking down as follows:

The motion to table prevailed by (Record 12): 78 Yeas, 68 Nays, 1 Present, not voting.

Yeas — Allen, A.; Bailey; Blake; Brown, F.; Burnam; Campbell; Casteel; Castro; Chavez; Coleman; Cook, R.; Crabb; Davis, Y.; Dawson; Delisi; Deshotel; Dunnam; Dutton; Edwards; Elkins; England; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Griggs; Guillen; Haggerty; Hamilton; Hardcastle; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Jones, D.; Keffer, J.; Kolkhorst; Kuempel; Laney; Leibowitz; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Naishtat; Oliveira; Olivo; Orr; Otto; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Rodriguez; Smithee; Solis; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Nays — Anchia; Anderson; Berman; Bohac; Bonnen; Branch; Brown, B.; Callegari; Chisum; Cook, B.; Corte, V.; Crownover; Davis, J.; Denny; Driver; Dukes; Eiland; Eissler; Gallego; Gattis; Goolsby; Grusendorf; Hamric; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard, C.; Hughes; Hunter; Hupp; Isett, C.N.; Jackson; Jones, J.; Keel; Keffer, B.; King, P.; King, T.; Krusee; Laubenberg; Luna; Madden; McCall; Morrison; Mowery; Nixon; Paxton; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Alonzo.

Absent — Howard, D.; Noriega, R.

Eiland, Rose and Dukes crossed over on this one, but I think they all represent schools subject to recapture, so they were voting their districts.

With the following corrections:

I was shown voting yes on Record No. 13. I intended to vote no.—Eissler

When Record No. 13 was taken, I was temporarily out of the house chamber. I would have voted yes.—Haggerty

I was shown voting no on Record No. 13. I intended to vote yes.—Hope

I was shown voting yes on Record No. 13. I intended to vote no.—Krusee

When Record No. 13 was taken, I was in the house but away from my desk. I would have voted yes.—Taylor

CSHB1, Amendment No. 11 (Hernandez), would have altered Woolley’s Amendment 9 to strike “secretary of state” and replace it with “comptroller of public accounts.”

This amendment would have corrected the portion of a previous amendment that basically granted free political advertising.

Wooley made a motion to table the amendment. The “right” vote was a “no,” vote and, though it initially appeared it made it through, the results were verified and we lost this one:

The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 15): 75 Yeas, 71 Nays, 1 Present, not voting.

Yeas — Anderson; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Cook, B.; Corte, V.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; England; Flynn; Goodman; Goolsby; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hill; Hope; Howard, C.; Hughes; Hunter; Hupp; Jackson; Jones, D.; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; Wong; Woolley; Zedler.

Nays — Allen, A.; Anchia; Bailey; Burnam; Casteel; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Griggs; Guillen; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, D.; Isett, C.N.; Jones, J.; Keel; King, T.; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Moreno, P.; Naishtat; Noriega, R.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Alonzo.

Absent — Edwards; West.

Note that Geren, Casteel and possibly a couple other Rs crossed over on this one, too.

Amendment No. 18 (Rodriguez). This was the “Property Tax Relief For Residential Tennants” amendment.

Chisum moved to table, and here’s how it came out:

The motion to table prevailed by (Record 16): 97 Yeas, 47 Nays, 3 Present, not voting.

Yeas — Anderson; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Cook, R.; Corte, V.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; England; Farabee; Flynn; Frost; Gattis; Geren; Goodman; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Homer; Hope; Hopson; Howard, C.; Hughes; Hunter; Hupp; Isett, C.N.; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Nixon; Oliveira; Orr; Otto; Paxton; Phillips; Pickett; Pitts; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; Vo; Wong; Woolley; Zedler.

Nays — Allen, A.; Anchia; Bailey; Burnam; Castro; Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farrar; Flores; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Hernandez; Herrero; Hochberg; Hodge; Howard, D.; Jones, J.; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; Moreno, P.; Naishtat; Noriega, R.; Olivo; Peña; Puente; Quintanilla; Raymond; Rodriguez; Solis; Thompson; Turner; Uresti; Veasey.

Present, not voting — Mr. Speaker; Goolsby(C); Laney.

Absent, Excused — Alonzo.

Absent — Villarreal; West.

You’ll note this one broke down on more than just party lines, or rural/urban lines: Hopson and Homer, who represent districts with larger rural constituancies and less “urban,” were on the “table” side as was Vo, who represents part of Harris.

Also, I want to call your attention to the following remarks, which were between Dunnam and Chisum, and were moved to be printed by Coleman (with my comments interspersed):

REPRESENTATIVE DUNNAM: Mr. Chisum, I believe I am going to vote for this bill, and I want to ask you about a few of the reasons that I think I am going to vote for this bill. Is it your belief, based on the testimony, your work on this process, talking with the A. G. and everybody involved, that if this bill becomes law, that it will satisfy the court obligations that we’re here about?

CHISUM: I do believe that totally. I believe that this does satisfy the mandate of the court.

I’ve often heard people ask why some excerpts from debate are recorded and some are not. The main reason is because someone asks for them to be. But, I believe this particular exchange was moved to be recorded for a couple of reasons. First, if this plan fails, doesn’t pass constitutional muster, and the courts take over the schools (worst case scinario), everyone who voted for it can be screwed by their opponent—regardless of party—this November.

The reason I believe it was necessary to record this exchange is because (a) it needed to be on record that its own author believed one hundred percent that this was the “fix” to fit the court’s mandate and (b) to protect everyone who voted for this thing if it doesn’t work, becuase they have the assurance mentioned herein above in (a).

DUNNAM: And does that mean that if this bill passes, and nothing else passes, that you believe that we’ve complied with the court opinion?

CHISUM: Yes, I believe we can, and I believe that our schools will stay open June 1, and I applaud you for stepping up and voting for the bill.

DUNNAM: So there’s nothing else—there’s no other bills other than this one —assuming that this one becomes law, that are required to open the doors and all those type of things this session?

That was basically a repeat of the previous, so it was reiterated. But, it leads up to this:

CHISUM: I believe that this meets the minimum requirements to open our doors, yes.

DUNNAM: So once we’ve done this, if it’s the will of the legislature, we can move on to talking about improving our schools?

CHISUM: Mr. Dunnam, you know we still have to stay within the governor’s call, and I don’t believe that’s in the call right now. But you bet, that’s a discussion that we want to have.

DUNNAM: We can debate that later. I think that the call talks about appropriations to TEA and that means more improvements in our schools. But I just want to make sure that if this becomes law we don’t need anything else this session to comply with the court order.

CHISUM: I don’t think we have to have anything else, yes, that’s true.

The bolded parts of the above hint at what I believe is around the corner for the House now that the five (well, four of five) tax bills have been done away with (for now). Note that Dunnam specifically mentions the call talks about appropriations to TEA, and that Dunnam intimates that means appropriations=improvements=reforms.

Not to go too cryptic, but it’s almost like a message in code to Perry and the leadership saying, “uh…yeah, you think that’s not on the call…we can fight over it or you can put it on the call…”

Here’s the final vote on HB 1:

CSHB 1, as amended, was passed to engrossment by (Record 17): 139 Yeas, 5 Nays, 1 Present, not voting.

Yeas — Allen, A.; Anchia; Anderson; Bailey; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Cook, B.; Cook, R.; Corte, V.; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Hupp; Isett, C.N.; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, R.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna;

88 79th LEGISLATURE — THIRD CALLED SESSION

Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; Wong; Woolley; Zedler.

Nays — Burnam; Coleman; Dutton; Jackson; Laney.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Alonzo.

Absent — Edwards; Gallego; Haggerty; West.

With these corrections:

STATEMENTS OF VOTE

When Record No. 17 was taken, my vote failed to register. I would have voted yes.—Edwards

When Record No. 17 was taken, my vote failed to register. I would have voted yes.—Gallego

Note a couple of important “no” votes: Coleman, Burnam and Laney. Why Laney voted no, I don’t know. Same for Burnam. And, I don’t blame them for voting “no.” It’s probably not the best we could have done for taxpayers or our schools. But, Coleman did give a reason for his “no” vote:

I oppose CSHB 1 because, at this point in the process, I cannot support legislation that only addresses property tax reduction and does nothing to improve our children’s schools. If, at a later date in the session, a bill is presented to this legislature that would increase our state’s investment in public education, I will support CSHB 1 or its equivalent.

I support property tax reduction and recognize that it is a worthy policy goal. Obviously, we must address the issue of an unconstitutional property tax system in order to comply with the supreme court ruling. Although CSHB 1 addresses the property tax issue, my constituents and a majority of Texans believe we are in special session to increase the state’s investment in our public schools because that is their highest priority.

Unfortunately, instead of placing equal importance on property tax cuts and our children’s schools, CSHB 1 fails to provide a single additional dollar for our public education. Even worse, CSHB 1 would actually take money away from Texas schoolchildren by deleting a rider that was intended to provide $1.8 billion in new money for our public schools. Additionally, CSHB 1 would make it more difficult for local school districts to raise funds for local enrichment. It also establishes unsound budget policy by requiring a property tax reduction without a corresponding funding source to cover the cost of the cut––a move that could certainly lead to an increase in the state sales tax and other consumption taxes that are disproportionately harmful to my constituents.

I stand ready to vote for a school finance solution that would provide both meaningful school property tax reduction and increased investment in our children’s schools. CSHB 1 fails that test, and for the foregoing reasons, I must oppose it.—Coleman

And, this by Terry Keel made my laugh:

Amendment No. 9 on CSHB 1 injected a political squabble into this measure and thus serves only to detract from the trustworthiness of the bill.—Keel

Here’s the final vote on HB 3:

CSHB 3, as amended, was passed to engrossment by (Record 32): 80 Yeas, 69 Nays, 0 Present, not voting.

Yeas — Mr. Speaker(C); Anderson; Bailey; Berman; Blake; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Cook, B.; Cook, R.; Corte, V.; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; England; Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Hegar; Hill; Hope; Howard, D.; Hunter; Hupp; Isett, C.N.; Jackson; Keel; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Luna; Madden; McCall; McReynolds; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Phillips; Pickett; Pitts; Quintanilla; Reyna; Rose; Seaman; Smith, T.; Smith, W.; Solomons; Strama; Straus; Swinford; Taylor; Truitt; Van Arsdale; Villarreal; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Anchia; Bohac; Burnam; Casteel; Castro; Chavez; Coleman; Crabb; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Elkins; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Hughes; Jones, D.; Jones, J.; Keffer, B.; King, T.; Laney; Laubenberg; Leibowitz; Martinez; Martinez Fischer; McClendon; Menendez; Moreno, P.; Naishtat; Noriega, R.; Oliveira; Olivo; Paxton; Peña; Puente; Raymond; Riddle; Ritter; Rodriguez; Smithee; Solis; Talton; Thompson; Turner; Uresti; Veasey; Vo.

Absent, Excused — Alonzo.

Howard, Strama and a couple other Ds were on the opposite of the majority of the party on this one.

HB 4 went down as follows:

CSHB 4, as amended, was passed to engrossment by (Record 33): 77 Yeas, 65 Nays, 2 Present, not voting.

Yeas — Berman; Blake; Bohac; Branch; Brown, B.; Brown, F.; Callegari; Chisum; Cook, B.; Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; England; Escobar; Farabee; Flynn; Gattis; Goodman; Goolsby; Griggs; Haggerty; Hamilton; Hamric; Hardcastle; Hartnett; Hegar; Hill; Homer; Hope; Hopson; Howard, C.; Howard, D.; Hunter; Hupp; Isett, C.N.; Jackson; Keel; Keffer, J.; King, P.; Krusee; Kuempel; Luna; Madden; McReynolds; Morrison; Mowery; Naishtat; Nixon; Orr; Otto; Pickett; Pitts; Quintanilla; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Strama; Swinford; Taylor; Truitt; Van Arsdale; West; Woolley; Zedler.

Nays — Allen, A.; Anchia; Anderson; Bonnen; Burnam; Casteel; Castro; Coleman; Corte, V.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Farrar; Flores; Frost; Gallego; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Harper-Brown; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hughes; Jones, D.; Jones, J.; Keffer, B.; King, T.; Kolkhorst; Laubenberg; Leibowitz; Martinez; Martinez Fischer; McCall; McClendon; Menendez; Merritt; Miller; Moreno, P.; Noriega, R.; Oliveira; Olivo; Paxton; Peña; Phillips; Puente; Raymond; Rodriguez; Solomons; Straus; Talton; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C); Laney.

Absent, Excused — Alonzo.

Absent — Bailey; Campbell; Chavez; Grusendorf; Wong.

With These Corrections:

I was shown voting yes on Record No. 33. I intended to vote no.

Branch

When Record No. 33 was taken, I was in the house but away from my desk. I would have voted no.

Chavez

I was shown voting yes on Record No. 33. I intended to vote no.

Escobar

I was shown voting yes on Record No. 33. I intended to vote no.

Flynn

I was shown voting yes on Record No. 33. I intended to vote no.

Kuempel

I was shown voting yes on Record No. 33. I intended to vote no.

Riddle

That third one from the end almost made me fall out of my chair! Uber-conservative Dan Flynn is almost becoming a semi-reliable “D” vote? He must have learned a thing or two from all those Parent PAC candidates running against Leiningerites.

FINALLY, to the final readings and final votes (3rd reading votes):

HB 3, A bill to be entitled An Act relating to the franchise tax; making an appropriation; providing penalties.

A record vote was requested.

HB3 was passed by (Record 37): 80 Yeas, 68 Nays, 0 Present, not voting.

Yeas — Mr. Speaker(C); Anderson; Bailey; Berman; Blake; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Cook, B.; Cook, R.; Corte, V.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; England; Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Hegar; Hill; Hope; Howard, D.; Hunter; Hupp; Isett, C.N.; Jackson; Keel; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Luna; Madden; McCall; McReynolds; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Phillips; Pickett; Pitts; Quintanilla; Reyna; Rose; Seaman; Smith, T.; Smith, W.; Solomons; Strama; Straus; Taylor; Truitt; Van Arsdale; Villarreal; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Anchia; Bohac; Burnam; Casteel; Castro; Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Elkins; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Hughes; Jones, D.; Jones, J.; Keffer, B.; King, T.; Laney; Laubenberg; Leibowitz; Martinez; Martinez Fischer; McClendon; Menendez; Moreno, P.; Naishtat; Noriega, R.; Oliveira; Olivo; Paxton; Peña; Puente; Raymond; Riddle; Ritter; Rodriguez; Smithee; Solis; Talton; Thompson; Turner; Uresti; Veasey; Vo.

Absent, Excused — Alonzo.

Absent — Swinford.

With these corrections:

When Record Vote No. 37 was taken, my vote failed to register. I would have voted yes.

Swinford

Several people had reasons for their votes published:

Elkins: I cast a “no” vote today on HBi3 for a number of significant reasons. First, this bill calls for the imposition of nothing less than an income tax on Texas business owners—a gross net receipts tax. Texas has a long-standing tradition of paying our way as we go. Given the substantial and ever-growing budget surplus, it is unconscionable to burden Texans with a new tax when we can simply use their money to meet the mandate imposed on us by the Texas Supreme Court.

Second, the new income tax will result in the crippling of many new businesses. New companies generally lose money during their first few years of operation, yet such businesses will nevertheless owe taxes to the state under this new tax scheme. Unlike the federal tax system that grants businesses a means by which to record losses and carry them forward against future profits, this new tax would require a complete tax payment regardless of actual losses. I cannot in good conscience support a bill that has the effect of penalizing entrepreneurs and that discourages the creation of new businesses.

Third, this new tax will have the effect of punishing many businesses that have unexpected expenses. For example, a service company that has a gross revenue of $1 million and payroll expenses of half a million dollars will pay a new income (franchise) tax of 1 percent on $500,000, or $5,000. Suppose that this company was frivolously sued and spent half a million dollars defending itself. This company would likely sustain a net operating loss in the year that it was sued but would nevertheless owe the State of Texas a franchise tax on income that was never realized. In addition, HBi3 does not take into consideration the numerous other expenses that are not related to payroll. For example, rent, phones, advertising, maintenance contracts on business equipment, casualty insurance, key man insurance, property taxes on real estate and business equipment, bank interest on notes, lease payments on equipment, occupancy taxes, filing fees, and a myriad of other expenses are not deductible under this new tax scheme.

Many supporters of HBi3 have argued that this new tax actually reflects a tax shift, shifting the tax burden from property owners to businesses that are currently not paying the franchise tax. I agree that this bill creates a tax shift, not a shift from property owners to businesses, but a shift from big business to thousands of small businesses. The governor’s own policy advisor has informed members of the house that the average small service sector business will pay more in taxes and in most cases double, triple, or even quadruple what they are currently paying under the current franchise tax system.

This new tax is bad public policy and is harmful to most of our small businesses. More importantly, my constituents can see through this subterfuge ad recognize this tax to be what it actually is, a state income tax. For the cited reasons, I must respectfully oppose this measure.

and

Kolkhorst: My vote for HB3 was a vote for the groundwork to deliver the biggest property tax cut in Texas history. All of our freedoms as Texans and Americans flow from our ability as individuals to own property. My vote not only sets the standard for greatly lowering property taxes during this special session, but it also will help more Texans live the American dream of home ownership. I am a business owner. I understand the complexity of business taxes. This vote was not a tax revenue bill but rather a tax swap bill, shifting from property taxes to a tax that is more appropriate for the economy of 2006. My vote was a vote for my constituents, so that I could best answer the call from so many of my friends and neighbors who are desperate for property tax relief.

Leibowitz (David McQuade): I voted against HB 3 because if the legislature is going to raise $3.5 billion in new taxes, then much of that money needs to be spent on public education. I have long been supportive of a broad-based business tax that lowers the current franchise tax and spreads the tax burden over more businesses. But any new revenue derived from a tax increase must include money for public education. None of the revenue generated by this bill will be sent to our public schools. Our teachers are in need of a much-deserved raise, our growing communities need funding to build new schools, and our children need the newest and best instructional materials. Because revenue from this tax bill would only be spent on lowering property taxes with no new money for public education, I could not support it.

HB 2

HB2 was passed by (Record 38): 82 Yeas, 66 Nays, 1 Present, not voting.

Yeas — Anderson; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Cook, R.; Corte, V.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; England; Flynn; Gattis; Geren; Goolsby; Griggs; Grusendorf; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard, C.; Hughes; Hunter; Hupp; Isett, C.N.; Jackson; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Anchia; Bailey; Burnam; Castro; Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Guillen; Haggerty; Hamilton; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, D.; Jones, D.; Jones, J.; King, T.; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Moreno, P.; Naishtat; Noriega, R.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Alonzo.

With this important correction:

I was shown voting yes on Record No. 35. I intended to vote no.—Casteel

HB 1

HB1 was passed by (Record 39): 146 Yeas, 2 Nays, 1 Present, not voting.

Yeas — Allen, A.; Anchia; Anderson; Bailey; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Cook, B.; Cook, R.; Corte, V.; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Hupp; Isett, C.N.; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, R.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Burnam; Coleman.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Alonzo.

HB 4

HB[4] [there's an error in the online journal] was passed by (Record 40): 80 Yeas, 67 Nays, 2 Present, not voting.

Yeas — Anderson; Bailey; Berman; Blake; Bohac; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Cook, B.; Cook, R.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; England; Farabee; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Hartnett; Hegar; Hill; Homer; Hope; Hopson; Howard, C.; Howard, D.; Hunter; Hupp; Isett, C.N.; Jackson; Keel; Keffer, J.; King, P.; Krusee; Luna; Madden; McCall; McReynolds; Morrison; Mowery; Naishtat; Nixon; Orr; Otto; Pickett; Pitts; Quintanilla; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Anchia; Bonnen; Branch; Burnam; Casteel; Castro; Chavez; Coleman; Corte, V.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farrar; Flores; Flynn; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Harper-Brown; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hughes; Jones, D.; Jones, J.; Keffer, B.; King, T.; Kolkhorst; Kuempel; Laubenberg; Leibowitz; Martinez; Martinez Fischer; McClendon; Menendez; Merritt; Miller; Moreno, P.; Noriega, R.; Oliveira; Olivo; Paxton; Peña; Phillips; Puente; Raymond; Rodriguez; Solis; Solomons; Talton; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C); Laney.

Absent, Excused — Alonzo.

With These Corrections:

I was shown voting yes on Record No. 40. I intended to vote no.—Anderson

I was shown voting yes on Record No. 40. I intended to vote no.—Riddle

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