Unofficially, the vote was 134 – 0. Technically, the vote must still be certified. But I’m not worried.
Texas Capitol Dome from South Entrance
This means that Representative Dan Huberty’s amendment to provide $30 million for West Fork mouth bar dredging passed its second major hurdle. What happens next?
If the Senate agrees with the changes, SB500 will go to the Comptroller and then the Governor. If the Senate does not agree with the changes, it will go to a conference committee and then back to BOTH chambers with final “compromise changes” for a straight up or down vote.
For former political science majors, civics teachers using this as a class lesson, and those who are just plain curious, here’s how the process works. I’m quoting directly from the Legislature’s procedure manual.
Return of a Bill to the Originating Chamber
“After a bill has passed through committee and floor deliberation in the opposite chamber, the bill is sent back to the originating chamber. If the bill was not amended in the opposite chamber, or if it was amended and the originating chamber concurs with the changes, the bill is enrolled, signed by both presiding officers in the presence of their respective chambers, and sent to the governor. Any bill making an appropriation must be sent to the comptroller of public accounts for certification before going to the governor. If a bill was amended in the opposite chamber and the originating chamber does not concur with the changes, the originating chamber may request the appointment of a conference committee to resolve the differences between the house and senate versions of the bill.”
Conference Committee
“If a conference committee is requested, the presiding officers each chamber appoint five members from their respective chambers to serve on the committee. A conference committee’s charge is limited to reconciling differences between the two chambers, and the committee may not alter, amend, or omit text that is not in disagreement without the adoption of an “out of bounds” resolution by both chambers. The committee also may not add text on any matter that is not in disagreement or that is not included in either version of the bill in question without such a resolution.”
“After the committee has reached an agreement, a report is prepared for submittal to the house and senate. The report must be approved by at least three conferees from each chamber and must contain the text of the bill as approved by the conference committee, a side-by-side analysis comparing the text of the compromise bill to both the house and thesenate versions, an updated fiscal note, and the signatures of those members of the conference committee who approved the report. A conference committee report is not subject to amendment by the house or senate and must be accepted or rejected in its entirety.”
“Should the proposed compromise remain unacceptable to either chamber, it may be returned to the same conference committee for further deliberation, with or without specific instructions, or the appointment of a new conference committee may be requested. Failure of the conference committee to reach agreement kills the bill. If the conference committee report is acceptable to both chambers, the bill is enrolled, signed by both presiding officers in the presence of their respective chambers, and sent to the governor.”
Comptroller’s Review Required
The sentence BOLDED above, refers to Article III, Section 49a of the Texas Constitution. It says that any bill containing an appropriation must go to the Comptroller (before the Governor) to certify that the State has enough money to pay for it.
Article III says, “No bill containing an appropriation shall be considered as passed or be sent to the Governor for consideration until and unless the Comptroller of Public Accounts endorses his certificate thereon showing that the amount appropriated is within the amount estimated to be available in the affected funds. When the Comptroller finds an appropriation bill exceeds the estimated revenue he shall endorse such finding thereon and return to the House in which same originated. Such information shall be immediately made known to both the House of Representatives and the Senate and the necessary steps shall be taken to bring such appropriation to within the revenue, either by providing additional revenue or reducing the appropriation. (Added Nov. 3, 1942; amended Nov. 2, 1999.)”
Both Houses Approved Unanimously and Changes Relatively Minor
So what path will SB500 take? My guess? Both the Senate and the House approved this bill unanimously (31-0 in Senate and 131-0 in House). Also, the changes in the House were relatively minor in the grand scheme of things, The two houses have roughly 5,000 more bills to consider before the end of the session. So I’m betting that the Senate may approve the changes without a conference committee and send the bill straight to the Comptroller. Stay tuned.
Posted by Bob Rehak on 3/28/19
576 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/capitold_1024.jpg?fit=1024%2C768&ssl=17681024adminadmin2019-03-28 15:59:142019-03-28 16:12:35SB500 with Huberty Dredging Amendment Unanimously Approved by House
Correction: Since posting this story two hours ago, I have spoken with an enforcement officer from US Fish & Wildlife Service. He investigated this particular nest and found no droppings or fish bones around the base of the tree. He said you would expect that if the nest was active. He also said the tree was dead, likely a victim of all the sand deposited by Hurricane Harvey along the river. Finally, he said that bald eagles often establish multiple nests in an area and sometimes switch between them. This nest may have been abandoned when the tree began to die after Harvey. The eagle in the photo may have been revisiting it because it was a good perch for fishing. So I have edited the story to remove all mentions of “apparently active.”
Emily Murphy took the shot below on 3/27/19 from her kayak on the West Fork. It clearly shows a bald eagle and a very large nest.
Bald Eagle and Nest on Romerica Property. Romerica hopes to build a series of high rises within 750 feet of this nest.
Ironically, I photographed what appears to be the same nest from the river on January 31, 2019 while on a ride-along with HPD Lake Patrol. My shot appears closer than Murphy’s because I took it with a 1000mm super-telephoto lens.
Photo taken by Bob Rehak on 1/31/19 from West Fork of San Jacinto with 1000mm lens. Note the similarity of the bark stripped from tree opposite the nest. GPS coordinates are embedded in the JPEG and virtually identical to Murphy’s.Location of nest pinpointed and circled below.
The Balcom family, which lives near the river at the western (left) edge of the satellite image above, photographed a pair of bald eagles on their property in December.
Pair of bald eagles outside Balcom residence on River Bend, one mile west of nest site. Photo by Melissa and Jim Balcom.
Boaters, Please Report Sightings
Boaters, please help. Let me know through the contact page on this web site if you see activity in this area. If you see a nest – active or not – do not approach it or disturb the birds in any way. It’s illegal. See below. And do not enter Romerica’s property. That’s trespassing.
Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle … [or any golden eagle], alive or dead, or any part, nest, or egg thereof.”[2]
Purpose of Protection Act
The purpose of the Bald and Golden Eagle Protection act is to protect bald and golden eagles from disturbance, abuse, and interference with their lifestyle. That includes sheltering, breeding, feeding, and nesting.[3]
Posted by Bob Rehak on 3/28/2019
576 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/DSC06075-e1553783700221.jpeg?fit=1046%2C1573&ssl=115731046adminadmin2019-03-28 09:23:172019-03-28 11:26:34Emily Murphy Photographs Inactive Bald Eagle Nest on Romerica Property from River; Active Nests Likely in Vicinity
Five days ago, State Representative Dan Huberty offered an amendment to Senate Bill 500 (SB500). SB500 is the omnibus Senate appropriations bill making its way through the House. It contains appropriations for everything from health care to education to criminal justice and highways and more.
Texas Capitol Building in Austin from the South Grounds
After the first reading, House members could file amendments of their own. They voted on amendments in the second reading. Tomorrow, if the House follows procedures, all members will get a chance to vote on the SB500, as amended by the House. It’s rare that a non-controversial spending bill like this would be voted down during the third reading. Regardless, tomorrow is the Huberty amendment’s SECOND major hurdle.
Conference Committee Next if Bill Approved
Because differences now exist between the House and Senate versions of the bill, the bill will go to a “conference committee.”
The conference committee will then try to reconcile, compromise on or accept differences in the bills approved by the Senate and House. Surviving the conference committee represents the THIRD major hurdle.
Re-Votes in House and Senate, Then On to Governor
Assuming the amendment is still alive at that point, the conference committee version will go back to both chambers for a final vote. According to rules of the Texas Legislature, the final vote on a conference committee bill must be straight YEA or NAY. Amendments may no longer be offered. Those votes in the House and Senate will represent the FOURTH and FIFTH hurdles.
Obtaining the governor’s signature will be SIXTH.
Next Steps
Next stops:
Final vote in the House on March 28
Conference committee
Re-votes on revised bill in House and Senate
Governor’s desk
Mouth Bar!
Posted by Bob Rehak on 3/27/2019
575 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/capitolc_1024.jpg?fit=1024%2C768&ssl=17681024adminadmin2019-03-27 19:44:032019-03-27 19:44:31Huberty Amendment to Appropriate Money for Dredging Mouth Bar Passes First of Six Hurdles Today
SB500 with Huberty Dredging Amendment Unanimously Approved by House
Unofficially, the vote was 134 – 0. Technically, the vote must still be certified. But I’m not worried.
This means that Representative Dan Huberty’s amendment to provide $30 million for West Fork mouth bar dredging passed its second major hurdle. What happens next?
If the Senate agrees with the changes, SB500 will go to the Comptroller and then the Governor. If the Senate does not agree with the changes, it will go to a conference committee and then back to BOTH chambers with final “compromise changes” for a straight up or down vote.
For former political science majors, civics teachers using this as a class lesson, and those who are just plain curious, here’s how the process works. I’m quoting directly from the Legislature’s procedure manual.
Return of a Bill to the Originating Chamber
“After a bill has passed through committee and floor deliberation in the opposite chamber, the bill is sent back to the originating chamber. If the bill was not amended in the opposite chamber, or if it was amended and the originating chamber concurs with the changes, the bill is enrolled, signed by both presiding officers in the presence of their respective chambers, and sent to the governor. Any bill making an appropriation must be sent to the comptroller of public accounts for certification before going to the governor. If a bill was amended in the opposite chamber and the originating chamber does not concur with the changes, the originating chamber may request the appointment of a conference committee to resolve the differences between the house and senate versions of the bill.”
Conference Committee
“If a conference committee is requested, the presiding officers each chamber appoint five members from their respective chambers to serve on the committee. A conference committee’s charge is limited to reconciling differences between the two chambers, and the committee may not alter, amend, or omit text that is not in disagreement without the adoption of an “out of bounds” resolution by both chambers. The committee also may not add text on any matter that is not in disagreement or that is not included in either version of the bill in question without such a resolution.”
“After the committee has reached an agreement, a report is prepared for submittal to the house and senate. The report must be approved by at least three conferees from each chamber and must contain the text of the bill as approved by the conference committee, a side-by-side analysis comparing the text of the compromise bill to both the house and thesenate versions, an updated fiscal note, and the signatures of those members of the conference committee who approved the report. A conference committee report is not subject to amendment by the house or senate and must be accepted or rejected in its entirety.”
“Should the proposed compromise remain unacceptable to either chamber, it may be returned to the same conference committee for further deliberation, with or without specific instructions, or the appointment of a new conference committee may be requested. Failure of the conference committee to reach agreement kills the bill. If the conference committee report is acceptable to both chambers, the bill is enrolled, signed by both presiding officers in the presence of their respective chambers, and sent to the governor.”
Comptroller’s Review Required
The sentence BOLDED above, refers to Article III, Section 49a of the Texas Constitution. It says that any bill containing an appropriation must go to the Comptroller (before the Governor) to certify that the State has enough money to pay for it.
Article III says, “No bill containing an appropriation shall be considered as passed or be sent to the Governor for consideration until and unless the Comptroller of Public Accounts endorses his certificate thereon showing that the amount appropriated is within the amount estimated to be available in the affected funds. When the Comptroller finds an appropriation bill exceeds the estimated revenue he shall endorse such finding thereon and return to the House in which same originated. Such information shall be immediately made known to both the House of Representatives and the Senate and the necessary steps shall be taken to bring such appropriation to within the revenue, either by providing additional revenue or reducing the appropriation. (Added Nov. 3, 1942; amended Nov. 2, 1999.)”
Both Houses Approved Unanimously and Changes Relatively Minor
So what path will SB500 take? My guess? Both the Senate and the House approved this bill unanimously (31-0 in Senate and 131-0 in House). Also, the changes in the House were relatively minor in the grand scheme of things, The two houses have roughly 5,000 more bills to consider before the end of the session. So I’m betting that the Senate may approve the changes without a conference committee and send the bill straight to the Comptroller. Stay tuned.
Posted by Bob Rehak on 3/28/19
576 Days since Hurricane Harvey
Emily Murphy Photographs Inactive Bald Eagle Nest on Romerica Property from River; Active Nests Likely in Vicinity
Correction: Since posting this story two hours ago, I have spoken with an enforcement officer from US Fish & Wildlife Service. He investigated this particular nest and found no droppings or fish bones around the base of the tree. He said you would expect that if the nest was active. He also said the tree was dead, likely a victim of all the sand deposited by Hurricane Harvey along the river. Finally, he said that bald eagles often establish multiple nests in an area and sometimes switch between them. This nest may have been abandoned when the tree began to die after Harvey. The eagle in the photo may have been revisiting it because it was a good perch for fishing. So I have edited the story to remove all mentions of “apparently active.”
Emily Murphy took the shot below on 3/27/19 from her kayak on the West Fork. It clearly shows a bald eagle and a very large nest.
Ironically, I photographed what appears to be the same nest from the river on January 31, 2019 while on a ride-along with HPD Lake Patrol. My shot appears closer than Murphy’s because I took it with a 1000mm super-telephoto lens.
The Balcom family, which lives near the river at the western (left) edge of the satellite image above, photographed a pair of bald eagles on their property in December.
Boaters, Please Report Sightings
Boaters, please help. Let me know through the contact page on this web site if you see activity in this area. If you see a nest – active or not – do not approach it or disturb the birds in any way. It’s illegal. See below. And do not enter Romerica’s property. That’s trespassing.
Bald and Golden Eagle Protection Act
Although no longer an endangered species, bald eagles are still protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) is a United States federal statute.) The statute protects two species of eagle. According to Wikipedia, the bald eagle was chosen as a national emblem of the United States by the Continental Congress of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the golden eagle in 1962.[1]
Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle … [or any golden eagle], alive or dead, or any part, nest, or egg thereof.”[2]
Purpose of Protection Act
The purpose of the Bald and Golden Eagle Protection act is to protect bald and golden eagles from disturbance, abuse, and interference with their lifestyle. That includes sheltering, breeding, feeding, and nesting.[3]
Posted by Bob Rehak on 3/28/2019
576 Days since Hurricane Harvey
Huberty Amendment to Appropriate Money for Dredging Mouth Bar Passes First of Six Hurdles Today
Five days ago, State Representative Dan Huberty offered an amendment to Senate Bill 500 (SB500). SB500 is the omnibus Senate appropriations bill making its way through the House. It contains appropriations for everything from health care to education to criminal justice and highways and more.
Huberty filed his amendment last week. Below are the steps required for ultimate passage of SB500 and Huberty’s amendment.
First of Three Readings
Each bill passing through the Texas House or Senate goes through three “readings.” The first reading happened when SB500 arrived in the House. House members got their first chance to read the bill in its final form as amended by the Senate.
After the first reading, House members could file amendments of their own. They voted on amendments in the second reading. Tomorrow, if the House follows procedures, all members will get a chance to vote on the SB500, as amended by the House. It’s rare that a non-controversial spending bill like this would be voted down during the third reading. Regardless, tomorrow is the Huberty amendment’s SECOND major hurdle.
Conference Committee Next if Bill Approved
Because differences now exist between the House and Senate versions of the bill, the bill will go to a “conference committee.”
The conference committee will then try to reconcile, compromise on or accept differences in the bills approved by the Senate and House. Surviving the conference committee represents the THIRD major hurdle.
Re-Votes in House and Senate, Then On to Governor
Assuming the amendment is still alive at that point, the conference committee version will go back to both chambers for a final vote. According to rules of the Texas Legislature, the final vote on a conference committee bill must be straight YEA or NAY. Amendments may no longer be offered. Those votes in the House and Senate will represent the FOURTH and FIFTH hurdles.
Obtaining the governor’s signature will be SIXTH.
Next Steps
Next stops:
Posted by Bob Rehak on 3/27/2019
575 Days since Hurricane Harvey