Tuesday, March 31, 2015

FORTY-FIRST DAY --- TUESDAY, MARCH 31, 2015

The house met at 10:04 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 102).

Present — Mr. Speaker; Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, E.S.; VanDeaver; Villalba; Vo; Walle; White, J.; White, M.; Workman; Wray; Wu; Zedler; Zerwas.

Absent — Isaac; Turner, S.

The speaker recognized Representative Raymond who introduced Sandra Howell, senior pastor, Laredo Church of the Crossroads, Laredo, who offered the invocation as follows:

Almighty God, we humbly come to you seeking your mercy and favor. You are the God of angel armies, and we ask for divine protection for our State Capitol and these public servants. Keep them safe in their coming in and going forth and safeguard their families. We ask for health and vitality for our representatives, that they may be strong to serve their terms of office.

We ask for wisdom. Lord, these are our public servants who have been chosen and appointed to face complex problems, and we ask that you anoint them to be part of the solution. You have said if anyone lacks wisdom to ask you, and you will not scold or belittle but will give insight and understanding.

I ask that you give them the talent to be able politicians with hearts to serve the people of their districts. We read about a young politician who lived thousands of years ago and ruled in a king's government by the name of Daniel. You were with him, and it is written that Daniel was a man of excellent spirit. We ask you to bless this august assembly of leaders with excellence.

God, help them to fill this house with a culture of honor, that even in their disagreements they will maintain an attitude of respect and value for each member. May they all have open hearts to do justice for those who have much and for those who have little to nothing so that all Texans will have the opportunity to life, liberty, and the pursuit of happiness. We ask these things under the banner of your love. I ask in the name of my Lord and Savior, Jesus Christ. Amen.

The speaker recognized Representative Phelan who led the house in the pledges of allegiance to the United States and Texas flags.

CAPITOL PHYSICIAN

The speaker recognized Representative Naishtat who presented Dr. Darshan Shah of Austin as the "Doctor for the Day."

The house welcomed Dr. Shah and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

(Kuempel in the chair)

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).

(S. Turner now present)

CORRECTIONS IN REFERRAL

Pursuant to Rule 1, Section 4 of the House Rules, the chair at this time corrected the referral of measures to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)

HR 826 - PREVIOUSLY ADOPTED
(by Flynn)

The chair laid out the following previously adopted resolution:

HR 826, Recognizing March 31, 2015, as Hopkins County Day at the State Capitol.

INTRODUCTION OF GUESTS

The chair recognized Representative Flynn who introduced a delegation from Hopkins County.

HR 1137 - PREVIOUSLY ADOPTED
(by Canales)

The chair laid out the following previously adopted resolution:

HR 1137, Congratulating Cynthia M. Sakulenzki of McAllen on her 15th anniversary as president and CEO of the Rio Grande Valley Hispanic Chamber of Commerce.

HR 1488 - ADOPTED
(by Raymond)

Representative Raymond moved to suspend all necessary rules to take up and consider at this time HR 1488.

The motion prevailed.

The following resolution was laid before the house:

HR 1488, Congratulating Carlos Villarreal on his retirement as city manager of Laredo.

HR 1488 was adopted.

On motion of Representative C. Anderson, the names of all the members of the house were added to HR 1488 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Raymond who introduced Carlos Villarreal and members of his family and friends.

ADDRESS BY REPRESENTATIVE ALONZO

The chair recognized Representative Alonzo who addressed the house, speaking as follows:

Members, I rise to say a few words to commemorate a special date. In fact, today is a holiday. A few years ago several representatives and senators passed a bill to designate this day as a holiday that state workers could choose as their holiday. Today is the holiday of the birthday of Cesar Chavez. Throughout the country, throughout the state, throughout cities across the state, this gentleman is being honored in marches like they did with 15,000 people in San Antonio. They are doing one in Corpus Christi. This Saturday they are going to do another march in Fort Worth to commemorate his birthday.

Members, this guy is a very important person for the whole country. As a matter of fact, he's been honored nationwide, as well. Why is he being honored? Because one of the things like we did a few minutes ago, we recognize individuals for what they've done. We just honored a person from a city. This person we're honoring in the state and country, Cesar Chavez. Now why do we honor him, members? We honor him because through his life he organized farmworkers. This past week I was watching his movie, Cesar Chavez, and let me tell you members, let me tell you how important it was to organize farmworkers. We here have unions come and lobby us for issues with workers and wages. Back then, when he was organizing, there were no rights for farmworkers, there was no health care for farmworkers, you were on your own. There's a gentleman from my hometown, Tomás Villanueva, a writer who passed, who would write about the lives of farmworkers; how mothers, pregnant, would work, working in the fields, no health care, no restrooms. The conditions where they lived were horrible. Here in this legislative process we passed laws to get rid of the short-handled hoe because people have to bend over to work and hurt their backs.

Members, this commemoration is because he sought to advance La Causa/The Movement, through nonviolent means---through strikes, pickets, and boycotts. On several occasions he also undertook lengthy fasts to draw public attention to the farmworker struggle. And members, whereas Mr. Chavez continually led the UFW until his death on April 23, 1993, where more than 50,000 people showed up throughout the nation, that gathered to mourn his funeral. And whereas since that time, numerous schools, streets, scholarships, monuments, buildings, and parks have been named in his memory. A number of U.S. cities have been issued annual celebrations in tribute to his life, and several states, including the State of Texas, have declared his birthday, March 31, a state holiday. In 1994, Mr. Chavez was also posthumously awarded the nation's highest honor, the Presidential Medal of Freedom.

And whereas Cesar Chavez devoted to the world his life to the pursuit of social and economic justice, this house, on February 19, passed a resolution to unanimously commemorate. So members, I ask you to take a moment and remember this gentleman for the work that he did, but also as we commemorate, we do not forget. And of course I can tell you personally, I was also a farmworker, my mom was also working in the fields, and so I also take this, as a personal hero, that we commemorate his life. Members, let's give a round of applause to commemorate Cesar Chavez.

REMARKS ORDERED PRINTED

Representative Walle moved to print remarks by Representative Alonzo.

The motion prevailed.

HR 1699 - ADOPTED
(by Schubert)

Representative Schubert moved to suspend all necessary rules to take up and consider at this time HR 1699.

The motion prevailed.

The following resolution was laid before the house:

HR 1699, Recognizing March 31, 2015, as Austin County Day at the State Capitol.

HR 1699 was adopted.

HR 1606 - ADOPTED
(by S. Thompson)

Representative S. Thompson moved to suspend all necessary rules to take up and consider at this time HR 1606.

The motion prevailed.

The following resolution was laid before the house:

HR 1606, Paying tribute to the service and sacrifice of Texas firefighters and paramedics and their families.

HR 1606 was adopted.

On motion of Representative S. Thompson, the names of all the members of the house were added to HR 1606 as signers thereof.

HR 1287 - ADOPTED
(by G. Bonnen)

Representative G. Bonnen moved to suspend all necessary rules to take up and consider at this time HR 1287.

The motion prevailed.

The following resolution was laid before the house:

HR 1287, In memory of Helen Kilroy of Santa Fe, Texas.

HR 1287 was read and was unanimously adopted by a rising vote.

On motion of Representative D. Bonnen, the names of all the members of the house were added to HR 1287 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative G. Bonnen who introduced family members and friends of Helen Kilroy.

(Huberty in the chair)

HR 701 - PREVIOUSLY ADOPTED
(by Kuempel)

The chair laid out the following previously adopted resolution:

HR 701, Recognizing March 31, 2015, as Texas Anesthesiologists Day at the State Capitol.

INTRODUCTION OF GUESTS

The chair recognized Representative Kuempel who introduced representatives of the Texas Society of Anesthesiologists.

(Kuempel in the chair)

HR 1703 - ADOPTED
(by Riddle)

Representative Riddle moved to suspend all necessary rules to take up and consider at this time HR 1703.

The motion prevailed.

The following resolution was laid before the house:

HR 1703, In memory of Daniel D. Groover of the Houston Fire Department.

HR 1703 was read and was unanimously adopted by a rising vote.

On motion of Representative Huberty, the names of all the members of the house were added to HR 1703 as signers thereof.

HR 1198 - PREVIOUSLY ADOPTED
(by Flynn)

The chair laid out and had read the following previously adopted resolution:

HR 1198, In memory of Mike Higgins of Austin, chief of staff of the Texas State Association of Fire Fighters.

HOUSE AT EASE

At 11:19 a.m., the chair announced that the house would stand at ease.

(Isaac now present)

The speaker called the house to order at 11:58 a.m.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 10).

EMERGENCY CALENDAR
HOUSE BILLS
SECOND READING

The following bills were laid before the house and read second time:

CSHB 1 ON SECOND READING
(by Otto)

CSHB 1, General Appropriations Bill.

Amendment No. 1

Representative Otto offered the following amendment to CSHB 1:

Floor Packet Page No. 3

Amend CSHB 1 as follows:

(1) On page XI-7, under "Public Education, Texas Education Agency", add the following new item:

Contingency General Revenue Appropriation for School Finance Legislation, HB 1759, which improves equity, reduces recapture, and increases the state share: $800,000,000

(2) On page III-18 in the bill pattern for the Texas Education Agency amend the following rider:

66. Foundation School Program Funds for Improving Equity, Reducing Recapture, and Increasing State Share.: Allocation of Funds to the Basic Allotment. Included in amounts appropriated above in Strategy A.1.1, FSP-Equalized Operations, is ~~$1,108,100,000 in each fiscal year of the 2016-17 biennium~~ $1,105,700,000 in fiscal year 2016 and $1,107,000,000 in fiscal year 2017 out of the Foundation School Fund No. 193 to be allocated to school districts and charter schools through ~~formula~~ the Basic Allotment or other changes to the Foundation School Program to be determined by the Eighty-Fourth Legislature for the purposes of improving equity, reducing recapture, and increasing the state share of the Foundation School Program.

(3) On page III-5, in the bill pattern for the Texas Education Agency, modify the following rider:

3. Foundation School Program Funding. Out of the funds appropriated above, a total of $20,788,300,000 in fiscal year 2016 and $20,629,200,000 in fiscal year 2017 shall represent the sum-certain appropriation to the Foundation School Program. The total appropriation may not exceed the sum-certain amount. This appropriation includes allocations under Chapters 41, 42 and 46 of the Texas Education Code.

Formula Funding: The Commissioner shall make allocations to local school districts under Chapters 41, 42 and 46 based on the March 2015 estimates of average daily attendance and local district tax rates as determined by the Legislative Budget Board and the final tax year 2014 property values. Property values, and the estimates of local tax collections on which they are based, shall be increased by 5.71 percent for tax year 2015 and by 5.30 percent for tax year 2016.

For purposes of distributing the Foundation School Program basic tier state aid appropriated above and in accordance with §42.101 of the Texas Education Code, the Basic Allotment is established at ~~$5,040~~ $5,213 in fiscal year 2016 and $5,218 in fiscal year 2017.

For purposes of distributing the Foundation School Program enrichment tier state aid appropriated above and in accordance with §41.002(a)(2) and §42.302(a-1)(1) of the Texas Education Code, the Guaranteed Yield is $72.94 in fiscal year 2016 and $76.75 in fiscal year 2017.

For purposes of distributing the Foundation School Program Additional State Aid for Tax Reduction appropriated above and in accordance with §42.2516(i), the percentage applied for purposes of §§42.2516(b)(1), 42.2516(b)(2), and 42.2516(d)(1) is 92.63 percent for the 2015-16 and the 2016-17 school years.

Out of amounts appropriated above and allocated by this rider to the Foundation School Program, no funds are appropriated for the New Instructional Facilities Allotment under §42.158 of the Texas Education Code.

Notwithstanding any other provision of this Act, the Texas Education Agency may make transfers as appropriate between Strategy A.1.1, FSP-Equalized Operations, and Strategy A.1.2, FSP-Equalized Facilities. The TEA shall notify the Legislative Budget Board and the Governor of any such transfers at least 15 days prior to the transfer.

The Texas Education Agency shall submit reports on the prior month's expenditures on programs described by this rider no later than the 20th day of each month to the Legislative Budget Board and the Governor's Office in a format determined by the Legislative Budget Board in cooperation with the agency.

Contingent on the Commissioner of Education identifying a budget surplus of Foundation School Program funds appropriated above in either fiscal year of the 2016-17 biennium, the Commissioner shall notify the Legislative Budget Board and the Office of the Governor in writing no later than 30 calendar days before taking any action pursuant to the Education Code §§7.062, 42.2517, 42.2521, 42.2522, 42.2523, or 42.2524.

(4) On page VII-29, in the bill pattern for the Texas Department of Transportation, modify the following rider:

44. Proposition 1 Appropriations. Amounts appropriated above in Strategy I.1.1, Proposition 1 2014, from State Highway Fund No. 006 - Proposition 1, 2014, reflect estimated revenue transfers to the State Highway Fund pursuant to Article III, Section 49-g(c-1) of the Texas Constitution (estimated to be $1,216,274,000 in fiscal year 2016 and $1,197,393,000 in fiscal year 2017) to be used for constructing, maintaining, and acquiring rights-of-way for nontolled public roadways. The funds appropriated above in Strategy I.1.1, Proposition 1, 2014, shall be allocated for the following purposes: ~~The final appropriation amount and allocation of these funds for the 2016-17 biennium is to be determined by the Eighty-Fourth Legislature, Regular Session.~~

a. 45 percent for mobility and added capacity projects in urban areas to decrease congestion and increase the safe and efficient movement of traffic (estimated to be $547,323,300 for fiscal year 2016 and $538,826,850 for fiscal year 2017);

b. 25 percent for projects that improve regional connectivity along strategic corridors in rural areas of the state (estimated to be $304,068,500 for fiscal year 2016 and $299,348,250 for fiscal year 2017);

c. 20 percent for statewide maintenance and preservation projects (estimated to be $243,254,800 for fiscal year 2016 and $239,478,600 for fiscal year 2017); and

d. 10 percent for roadway safety and maintenance projects in areas of the state impacted by increased oil and gas production activity (estimated to be $121,627,400 for fiscal year 2016 and $119,739,300 for fiscal year 2017).

(5) On page V-44, in the bill pattern for the Department of Public Safety, modify the following rider:

50. Limitation on Appropriations: ~~23 Week~~ Recruit Schools

a) As used in this section:

1) "training school" and "recruit school" include any school or other training program operated by or for the benefit of the Department of Public Safety ("department") for a purpose which may include training a trooper who has been employed by the department for fewer than 52 weeks.

2) "new trooper" means a trooper employed by the department for fewer than 52 weeks.

b) ~~No f~~ Funds appropriated by this Act may be used to pay any cost or expense that may be directly or indirectly related to the operation of a an eight-week training school or recruit school ~~that provides a new trooper with fewer than 23 weeks of training.~~ only to graduate and employ a total of 250 troopers from such eight-week recruit schools.

c) The number of additional troopers referenced above in section b is reduced by the number of troopers graduated from eight-week recruit schools from April 1, 2015 to August 31, 2015.

cd) Employees completing the 23 week or longer recruit school shall graduate and shall be compensated only as entry level troopers.

(6) On page V-44-45, in the bill pattern of the Department of Public Safety, modify the following rider:

51. Funding to Add 300 New Troopers. Included in the general revenue appropriations made above in Strategy B.1.5, Recruitment, Retention and Support, is $41,717,187 in fiscal year 2016 and $63,282,813 in fiscal year 2017 to fund the recruitment, training and support of 300 new troopers by the end of fiscal year 2017. Included in the 300 total troopers is a minimum of 250 troopers who shall be stationed in the border region. In this section, border region is defined in Article IX, Section 7.11 (b) (1), (2), and (3) of this Act. The appropriations are subject to the following provisions:

a) The appropriations identified in this rider ~~are intended to fund full-length recruit schools~~ may be used to fund eight-week recruit schools but may only be used to graduate and employ no more than 250 troopers from such recruit schools. ~~,where "recruit school" is defined as a 23-week recruit school graduating entry-level probationary troopers~~. If the Department of Public Safety has graduated and employed 250 troopers through the use of eight-week recruit schools, the appropriations identified in this rider may only be used to fund recruit schools 23 weeks or longer in length graduating entry-level probationary troopers. Funds identified in this rider may be used to fund eight-week recruit schools and also those 23 weeks or longer concurrently.

b) The appropriations identified in this rider are in addition to, and separate from, the appropriations made above in Strategy F.1.6, Training Academy and Development, to fund six recruit schools.

c) The agency shall submit a report to the Legislative Budget Board by no later than December 1, 2015 detailing the agency's plan to recruit, train and support 300 new troopers by the end of fiscal year 2017. This report shall include a section on the agency's total trooper recruitment plan for the 2016-17 biennium, including the troopers expected to result from the six recruit schools noted above in (b).

d) The agency shall submit quarterly reports to the Legislative Budget Board detailing the cumulative progress attained toward the goal of graduating 300 entry-level troopers by the end of fiscal year 2017.

e) $41,717,187 in fiscal year 2016 and $63,282,813 in fiscal year 2017 appropriated in Strategy B.1.5, Recruitment, Retention and Support, is subject to the prior approval authority provided by Article XVI, Section 69, Texas Constitution, and in the event the agency is not in a position to graduate 300 new troopers using the funds identified in this rider, the Legislative Budget Board may direct the Comptroller of Public Accounts to reduce the agency's appropriations by an amount proportionate to the difference between the targeted number and actual number of troopers graduated.

Amendment No. 2

Representative Otto offered the following amendment to Amendment No. 1:

Amend Floor Amendment No. 1 by Otto to CSHB 1, by adding the following:

On page I-58 of the Trusteed Programs Within the Office of the Governor bill pattern add the following appropriately numbered riders:

____. Contingency Appropriations for the Moving Image Industry Incentive Program. Included in amounts appropriated above is $11,000,000 in general revenue in each fiscal year of the 2016-17 biennium, in Strategy A.1.4, Film and Music Marketing, to for the Moving Image Industry Incentive Program (MIIIP) as authorized under Chapter 485, Government Code, contingent upon sufficient revenue certified by the Comptroller of Public Accounts. The Comptroller must certify that sufficient revenue is generated from the moving image industry in Texas to offset the cost of the appropriations, including but not limited to tax revenues generated from wages paid to industry employees, new jobs created in the state, and other non-tax exempt taxes paid by the industry to the state's general revenue fund and other funds, as appropriate.

____. Contingency Appropriation for Film and Music Marketing. Included in amounts appropriated above, contingent on a projection by the Comptroller of Public Accounts that the collection of the Hotel Occupancy Tax will be in excess of $559,000,000 in fiscal year 2016 and in excess of $592,000,000 in fiscal year 2017, as contained in the Comptroller of Public Accounts' January 2015 Biennial Revenue Estimate for the 2016-17 biennium, is excess Hotel Occupancy Tax revenue, not to exceed $20,833,176 out of general revenue, in each fiscal year of the 2016-17 biennium, to Strategy C.1.3, Film and Music Marketing for grants.

A finding of fact shall be issued, and the Legislative Budget Board and the Governor's Office of Budget Planning and Policy shall be notified, by the Comptroller of Public Accounts if it projects the collection of the Hotel Occupancy Tax will be in excess of the amounts contained in the January 2015 Biennial Revenue Estimate for the 2016-17 biennium, for fiscal years 2016 and 2017 respectively.

Amendment No. 2 was adopted by (Record 103): 128 Yeas, 18 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Farias; Farney; Farrar; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Koop; Kuempel; Larson; Laubenberg; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Sheffield; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Burrows; Fallon; Fletcher; Keough; Klick; Landgraf; Leach; McClendon; Rinaldi; Schaefer; Shaheen; Simpson; Spitzer; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.

Present, not voting — Mr. Speaker(C).

Absent — Dukes; Krause.

STATEMENTS OF VOTE

When Record No. 103 was taken, I was shown voting yes. I intended to vote no.

Bohac

When Record No. 103 was taken, I was in the house but away from my desk. I would have voted yes.

Dukes

When Record No. 103 was taken, I was shown voting no. I intended to vote yes.

McClendon

Amendment No. 3

Representative Y. Davis offered the following amendment to Amendment No. 1:

Amend Floor Amendment No. 1 by Representative Otto to CSHB 1 (page 3, prefiled amendment packet) by amending subsection (1) as follow:

(1) On page XI-7, under "Public Education, Texas Education Agency", add the following new ~~item~~items:

Contingency General Revenue Appropriation for School Finance Legislation, HB 1759, which improves equity, reduces recapture, and increases the state share: $800,000,000

Contingent on HB424, which provides full-day prekindergarten for eligible children under Section 29.153, Education Code: $829,908,513 in fiscal year 2016 and $837,431,047 in fiscal year 2017

Amendment No. 3 was adopted. (Flynn, P. King, and Laubenberg recorded voting no.)

Amendment No. 4

Representative Martinez Fischer offered the following amendment to Amendment No. 1:

Amend Amendment No. 1 by Otto to CSHB 1 (page 3 of the prefiled amendment packet) on page 1 of the amendment, in amendment item (1) adding a new item on page XI-7 under "Public Education, Texas Education Agency," by striking "$800,000,000" and substituting "$1,600,000,000".

Representative Otto moved to table Amendment No. 4.

The motion to table prevailed by (Record 104): 103 Yeas, 44 Nays, 1 Present, not voting.

Yeas — Alonzo; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Coleman; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Márquez; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Reynolds; Riddle; Rinaldi; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alvarado; Anchia; Bernal; Blanco; Canales; Collier; Deshotel; Dutton; Farias; Farrar; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Lozano; Lucio; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent — Dukes.

STATEMENTS OF VOTE

When Record No. 104 was taken, I was in the house but away from my desk. I would have voted no.

Dukes

When Record No. 104 was taken, I was shown voting yes. I intended to vote no.

Galindo

When Record No. 104 was taken, I was shown voting yes. I intended to vote no.

Longoria

When Record No. 104 was taken, I was shown voting yes. I intended to vote no.

Márquez

When Record No. 104 was taken, I was shown voting yes. I intended to vote no.

Rose

Amendment No. 5

Representative Isaac offered the following amendment to Amendment No. 1:

Amend Amendment No. 1 by Otto to CSHB 1 (page 3 of the prefiled amendment packet) on page 1 of the amendment, by striking amendment item (1) adding a new item on page XI-7 under "Public Education, Texas Education Agency", and substituting the following:

(1) Under the Article XI provisions for the Texas Education Agency (page XI-7), add the following appropriately numbered rider:

____. Contingent Appropriation: Appropriation to the Foundation School Program. The amount of $800,000,000 is appropriated from the general revenue fund to the Texas Education Agency for the state fiscal biennium ending August 31, 2017, for the Foundation School Program, contingent on the occurrence of both of the following:

a. HB 1759 or similar legislation of the 84th Legislature, Regular Session, 2015, that improves equity, reduces recapture, and increases the state share of public school funding must be enacted and become law; and

b. Litigation against the state regarding the adequacy, equity, and other aspects of the state's school finance system that is pending before the Texas Supreme Court must be dismissed.

Amendment No. 5 was withdrawn.

Amendment No. 1, as amended, was adopted by (Record 105): 136 Yeas, 9 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, Y.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murr; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, E.S.; Turner, S.; VanDeaver; Villalba; Vo; Walle; White, J.; Workman; Wray; Wu; Zerwas.

Nays — Murphy; Rinaldi; Schaefer; Shaheen; Simpson; Stickland; Tinderholt; White, M.; Zedler.

Present, not voting — Mr. Speaker(C).

Absent — Coleman; Davis, S.; Dukes.

STATEMENTS OF VOTE

When Record No. 105 was taken, I was in the house but away from my desk. I would have voted yes.

S. Davis

When Record No. 105 was taken, I was in the house but away from my desk. I would have voted yes.

Dukes

When Record No. 105 was taken, I was shown voting yes. I intended to vote no.

Flynn

When Record No. 105 was taken, I was shown voting yes. I intended to vote no.

Klick

Amendment No. 6

Representative Spitzer offered the following amendment to CSHB 1:

Floor Packet Page No. 10

Amend CSHB 1 as follows:

(1) On page I-1 of the bill pattern for the Commission on the Arts, reduce General Revenue appropriations to Strategy A.1.1, Arts Organization Grants, by $905,832 in fiscal year 2016 and by $905,832 in fiscal year 2017.

(2) On page I-58 of the bill pattern for the Historical Commission, increase General Revenue appropriations to Strategy A.1.3, Courthouse Preservation, by $905,832 in fiscal year 2016 and by $905,832 in fiscal year 2017.

(3) Adjust the article totals and methods of financing accordingly.

Amendment No. 7

Representative D. Miller offered the following amendment to Amendment No. 6:

Amend Amendment No. 6 by Spitzer to CSHB 1 (page 10, prefiled amendments packet) by striking Section 1 of the amendment and substituting the following:

(1) On page III-189 of Bill Pattern for Public Community/Junior Colleges, reduce General Revenue appropriations to Goal AR: Trinity Valley Community College, by $905,832 in fiscal year 2016 and by $905,832 in fiscal year 2017.

Representative Spitzer moved to table Amendment No. 7.

The motion to table was lost by (Record 106): 38 Yeas, 96 Nays, 4 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Burrows; Cyrier; Fallon; Fletcher; Frank; Geren; Goldman; Harless; Hughes; Keough; Klick; Krause; Laubenberg; Leach; Otto; Paul; Phelan; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Simmons; Simpson; Smithee; Spitzer; Springer; Stickland; Thompson, S.; Tinderholt; Turner, E.S.; White, J.; White, M.; Wray; Zedler.

Nays — Allen; Alonzo; Alvarado; Anchia; Ashby; Aycock; Bernal; Blanco; Bonnen, D.; Bonnen, G.; Burns; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Faircloth; Farias; Farney; Farrar; Frullo; Galindo; Gonzales; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Huberty; Isaac; Israel; Johnson; Kacal; Keffer; King, K.; King, P.; King, S.; King, T.; Koop; Kuempel; Landgraf; Larson; Longoria; Lucio; Márquez; Martinez; McClendon; Metcalf; Meyer; Miles; Miller, D.; Miller, R.; Moody; Muñoz; Murphy; Murr; Naishtat; Nevárez; Oliveira; Paddie; Parker; Peña; Phillips; Pickett; Price; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheets; Sheffield; Stephenson; Thompson, E.; Turner, C.; VanDeaver; Villalba; Vo; Walle; Workman; Wu; Zerwas.

Present, not voting — Mr. Speaker(C); Hunter; Lozano; Martinez Fischer.

Absent — Bell; Bohac; Burkett; Button; Elkins; Flynn; Giddings; Morrison; Raney; Smith; Turner, S.

STATEMENTS OF VOTE

When Record No. 106 was taken, I was shown voting no. I intended to vote yes.

Craddick

When Record No. 106 was taken, I was in the house but away from my desk. I would have voted yes.

Flynn

When Record No. 106 was taken, my vote failed to register. I would have voted no.

Giddings

When Record No. 106 was taken, I was shown voting no. I intended to vote yes.

Parker

When Record No. 106 was taken, I was shown voting yes. I intended to vote no.

S. Thompson

Amendment No. 7 was withdrawn.

Amendment No. 6 was withdrawn.

Amendment No. 8

Representative Farias offered the following amendment to CSHB 1:

Floor Packet Page No. 11

Amend CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill (page I-3), in the appropriations to the Office of the Attorney General, reduce the appropriations from the general revenue fund to the Office of the Attorney General for Strategy A.1.1, Legal Services, by the amount of $10,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $10,000,000 for the state fiscal year ending August 31, 2017.

(2) In Article I of the bill (page I-17), in the appropriations to the Comptroller of Public Accounts, reduce the appropriations from the general revenue fund to the Comptroller of Public Accounts for Strategy B.1.1, Accounting/Reporting, by the amount of $5,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $5,000,000 for the state fiscal year ending August 31, 2017.

(3) In Article I of the bill (page I-52), in the appropriations to the Trusteed Programs within the Office of the Governor, reduce the appropriations from the general revenue fund to the Trusteed Programs within the Office of the Governor for Strategy C.1.3, Film and Music Marketing, by the amount of $10,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $10,000,000 for the state fiscal year ending August 31, 2017.

(4) In Article I of the bill (page I-83), in the appropriations to the Veterans Commission, reduce the appropriations to the Veterans Commission for Strategy C.1.1, Hazlewood Reimbursements, by the amount of $15,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $15,000,000 for the state fiscal year ending August 31, 2017.

(5) In Article I of the bill, strike Rider No. 13 (page I-86) following the appropriations to the Veterans Commission and renumber subsequent riders as appropriate.

(6) In Article III of the bill (page III-59), in the appropriations to the Permanent Fund Supporting Military and Veterans Exemptions, increase the appropriations for Strategy A.1.1, Distribute to Eligible Institutions, by the amount of $40,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $40,000,000 for the state fiscal year ending August 31, 2017.

(7) Adjust totals and methods of financing accordingly.

Amendment No. 9

Representative Farias offered the following amendment to Amendment No. 8:

Amend Amendment No. 8 by Farias to CSHB 1 (page 11 of the prefiled amendment packet) by striking the text of the amendment and substituting the following:

(1) In Article I of the bill (page I-83), in the appropriations to the Veterans Commission, reduce the appropriations to the Veterans Commission for Strategy C.1.1, Hazlewood Reimbursements, by the amount of $15,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $15,000,000 for the state fiscal year ending August 31, 2017.

(2) In Article I of the bill, strike Rider No. 13 (page I-86) following the appropriations to the Veterans Commission and renumber subsequent riders as appropriate.

(3) In Article III of the bill (page III-59), in the appropriations to the Permanent Fund Supporting Military and Veterans Exemptions, increase the appropriations for Strategy A.1.1, Distribute to Eligible Institutions, by the amount of $15,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $15,000,000 for the state fiscal year ending August 31, 2017.

(4) Adjust totals and methods of financing accordingly.

Amendment No. 9 was adopted.

Representative S. Turner moved to table Amendment No. 8, as amended.

The motion to table prevailed by (Record 107): 107 Yeas, 37 Nays, 1 Present, not voting.

Yeas — Allen; Anderson, C.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guerra; Harless; Howard; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Alonzo; Alvarado; Anchia; Anderson, R.; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Farias; Farrar; González; Gutierrez; Hernandez; Herrero; Israel; Johnson; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent — Dukes; Giddings; Guillen; Lucio.

STATEMENTS OF VOTE

When Record No. 107 was taken, I was shown voting no. I intended to vote yes.

R. Anderson

When Record No. 107 was taken, I was in the house but away from my desk. I would have voted no.

Dukes

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of a death in the family:

Lucio on motion of Hernandez.

CSHB 1 - (consideration continued)

Amendment No. 10

Representative Martinez Fischer offered the following amendment to CSHB 1:

Floor Packet Page No. 13

Amend CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill, reduce the appropriations to the Office of the Attorney General by $1 million for the fiscal year ending on August 31, 2015 and by $1 million for the fiscal year ending August 31, 2017.

(2) In Article I of the bill, increase the appropriation to the Texas Ethics Commission by $1 million for the fiscal year ending on August 31, 2015 and by $1 million for the fiscal year ending August 31, 2017.

(3) Adjust totals and methods of finance accordingly.

Representative S. Turner moved to table Amendment No. 10.

The motion to table prevailed by (Record 108): 104 Yeas, 40 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Thompson, S.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Farias; Farrar; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; King, T.; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, J.; Rose; Turner, C.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Dukes; Rodriguez, E.; Romero.

STATEMENTS OF VOTE

When Record No. 108 was taken, I was in the house but away from my desk. I would have voted no.

Dukes

When Record No. 108 was taken, I was in the house but away from my desk. I would have voted no.

E. Rodriguez

When Record No. 108 was taken, my vote failed to register. I would have voted no.

Romero

Amendment No. 11

Representative Farias offered the following amendment to CSHB 1:

Floor Packet Page No. 14

Amend CSHB 1 (house committee printing) as follows:

(1) Reduce the Article I appropriations from the general revenue fund to the Office of the Attorney General for Strategy A.1.1, Legal Services (page I-3), by the amount of $1,000,000 for each year of the state fiscal biennium ending August 31, 2017.

(2) Increase the Article I appropriations from the general revenue fund to the Office of the Attorney General for Strategy C.1.2, Victims Assistance (page I-4), by the amount of $1,000,000 for each year of the state fiscal biennium ending August 31, 2017.

(3) Adjust totals and methods of financing accordingly.

Representative S. Turner moved to table Amendment No. 11.

The motion to table prevailed by (Record 109): 106 Yeas, 36 Nays, 1 Present, not voting.

Yeas — Allen; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Alonzo; Alvarado; Anchia; Bernal; Blanco; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Martinez; Martinez Fischer; Miles; Moody; Muñoz; Naishtat; Nevárez; Pickett; Raymond; Reynolds; Rodriguez, J.; Romero; Rose; Turner, C.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Canales; Dukes; Oliveira; Rodriguez, E.; Thompson, S.

STATEMENTS OF VOTE

When Record No. 109 was taken, I was in the house but away from my desk. I would have voted no.

Canales

When Record No. 109 was taken, I was in the house but away from my desk. I would have voted no.

Dukes

Amendment No. 12

Representative S. Turner offered the following amendment to CSHB 1:

Floor Packet Page No. 15

Amend CSHB 1 (committee report version) by amending the Office of the Attorney General budget riders as follows:

Part 1: Amend Rider 2, Capital Expenditures.

Amend Rider 2, Capital Expenditures, on page I-5, by striking in Subsection (c) (1), Data Center Services "~~36,723,443~~" for the 2016 FY and "~~40,199,409~~" for the 2017 FY and inserting "46,734,045" for the 2016 FY and "53,062,011" for the 2017 FY.

Amend Rider 2, Capital Expenditures, on page I-6, by striking the Total, Capital Expenditures line by striking "~~72,406,461~~" for the 2016 FY and "~~47,952,213~~" for the 2017 FY and inserting "82,417,063" for the 2016 FY and "60,814,815" for the 2017 FY.

Amend Rider 2, Capital Expenditures, on page I-6, by striking from the General Revenue, Method of Finance "~~26,326,799~~" for the 2016 FY and "~~18,006,943~~" for the 2017 FY and inserting "29,730,384" for the 2016 FY and "22,380,228" for the 2017 FY.

Amend Rider 2, Capital Expenditures, on page I-6, by striking from the Federal Funds, Method of Finance "~~44,988,181~~" for the 2016 FY and "~~28,853,769~~" for the 2017 FY and inserting "51,595,178" for the 2016 FY and "37,343,086" for the 2017 FY.

Amend Rider 2, Capital Expenditures, on page I-6, by striking from the Total, Method of Finance "~~72,406,461~~" for the 2016 FY and "~~47,952,213~~" for the 2017 FY and inserting "82,417,063" for the 2016 FY and "60,814,815" for the 2017 FY.

Part 2: Amend Rider 28, TXCSES 2.0 Oversight.

Amend Rider 28, on page I-11, by striking [Notwithstanding Rider 21, Capital Expenditures Authorized, any cost over-runs shall be paid from amounts appropriated above out of Appropriated Receipts. Another Method of Finance may not be expended on this project for cost over-runs without prior written approval from the Legislative Budget Board. Additional information requested from the Legislative Budget Board related to this approval shall be provided in a timely manner and shall be prepared in a format specified by the Legislative Budget Board. The request shall be considered to be approved unless the Legislative Budget Board issues a written disapproval within 30 business days of the date on which the staff of the Legislative Budget Board concludes its review of the proposal to expend the funds and forwards its review to the Chair of the House Appropriations Committee, Chair of the Senate Finance Committee, Speaker of the House of Representatives, and Lieutenant Governor.]

Amendment No. 13

Representative S. Turner offered the following amendment to Amendment No. 12:

Amend Floor Amendment No. 12 on page 15 of the packet by S. Turner to CSHB 1 by striking the entire amendment and substituting the following:

(1) On pages I-5 and I-6 in the bill pattern of the Office of the Attorney General, strike Rider 2 and substitute the following rider:

2. Capital Budget. Funds appropriated above may be expended for capital budget items listed below. The amounts identified for each item may be adjusted or may be expended on other noncapital expenditures within the strategy to which the funds were appropriated. However, any amounts spent on capital items are subject to the aggregate dollar restrictions on capital budget expenditures provided in the General Provisions of this Act.

Amendment No. 13 was adopted.

Amendment No. 12, as amended, was adopted.

Amendment No. 14

Representative Martinez Fischer offered the following amendment to CSHB 1:

Floor Packet Page No. 19

Amend CSHB 1 (house committee printing) as follows:

(1) Reduce the Article I appropriations from the general revenue fund to the Office of the Attorney General for Strategy A.1.1, Legal Services (page I-3), by the amount of $50,000 for each year of the state fiscal biennium beginning September 1, 2015.

(2) Following the Article I appropriations to the Office of the Attorney General, add the following appropriately numbered rider:

____. Public School Finance Lawsuit. In addition to amounts otherwise appropriated by this Act, the amount of $50,000 is appropriated from the general revenue fund to the Office of the Attorney General for each year of the state fiscal biennium beginning September 1, 2015, to strategize, mediate, and discuss settlement of the public school finance lawsuit filed against the state under the cause of action known as "The Texas Taxpayer & Student Fairness Coalition, et al.; Calhoun County ISD, et al.; Edgewood ISD; et al.; Fort Bend ISD, et al.; Texas Charter School Association, et al.; and Joyce Coleman, et al. v. Michael Williams, Commissioner of Education, in his official capacity; Glenn Hegar, Texas Comptroller of Public Accounts, in his official capacity; the Texas State Board of Education; and the Texas Education Agency".

(3) Adjust the article totals and methods of financing accordingly.

Representative S. Turner moved to table Amendment No. 14.

The motion to table prevailed by (Record 110): 115 Yeas, 28 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Guerra; Harless; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Reynolds; Riddle; Rinaldi; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Alvarado; Anchia; Bernal; Blanco; Coleman; Collier; Dukes; Farias; Farrar; González; Guillen; Gutierrez; Hernandez; Herrero; Martinez; Martinez Fischer; Miles; Moody; Muñoz; Naishtat; Nevárez; Raymond; Rodriguez, J.; Romero; Turner, C.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Deshotel; Oliveira; Rodriguez, E.; Thompson, S.

Amendment No. 15

Representative C. Turner offered the following amendment to CSHB 1:

Floor Packet Page No. 20

Amend CSHB 1 by adding the following appropriately numbered rider to Article I of the bill, following the appropriations to the Office of the Attorney General:

____. Report on Litigation Against Federal Government. Not later than March 1 and August 31 of each year of the biennium beginning September 1, 2015, the Office of the Attorney General shall report to the legislature all expenditures of money by the office during the preceding six months relating to litigation brought by the attorney general against the federal government or an agency of the federal government.

Amendment No. 16

Representative C. Turner offered the following amendment to Amendment No. 15:

Amend Amendment No. 15 to CSHB 1 by C. Turner (page 20, prefiled amendment packet) as follows:

(1) On line 5, strike "March 1 and".

(2) On line 8, strike "six months" and substitute "12 months".

Amendment No. 16 was adopted.

Representative S. Turner moved to table Amendment No. 15, as amended.

The motion to table prevailed by (Record 111): 108 Yeas, 36 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Dukes; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Guillen; Harless; Huberty; Hughes; Hunter; Isaac; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Farias; Farrar; González; Gutierrez; Hernandez; Herrero; Howard; Israel; Márquez; Martinez; Martinez Fischer; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Simpson; Turner, C.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Gonzales; Guerra; Thompson, S.

STATEMENT OF VOTE

When Record No. 111 was taken, I was in the house but away from my desk. I would have voted yes.

Gonzales

(Kuempel in the chair)

Amendment No. 17

Representative Tinderholt offered the following amendment to CSHB 1:

Floor Packet Page No. 22

Amend CSHB 1 (house committee printing) in Article I of the bill following the appropriations to the Office of the Attorney General (page I-4) by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. TRS Care and TRS Active Care Blue Ribbon Panel. Out of funds appropriated above, the Office of the Attorney General shall establish a blue ribbon panel consisting of five members to study the long-term effectiveness of the expenditure of state funds for TRS Care and TRS Active Care. The panel shall:

(1) identify issues related to the effectiveness of TRS Care and TRS Active Care that the legislature must address;

(2) determine whether TRS Care and TRS Active Care are sustainable; and

(3) not later than December 31, 2015, report to the legislature the findings and conclusions of the study and recommend legislation to improve TRS Care and TRS Active Care.

Amendment No. 18

Representative Tinderholt offered the following amendment to Amendment No. 17:

Amend Amendment No. 17 to CSHB 1 by Tinderholt (prefiled amendment packet page 22) by striking the text of the amendment and substituting the following:

Amend CSHB 1 (house committee printing) in Article XI of the bill by adding the following appropriately numbered provision:

____. TRS Care and TRS Active Care Blue Ribbon Panel. Out of funds appropriated to the Legislative Budget Board, the Legislative Budget Board shall establish a blue ribbon panel consisting of five members to study the long-term effectiveness of the expenditure of state funds for TRS Care and TRS Active Care. The panel shall:

(1) identify issues related to the effectiveness of TRS Care and TRS Active Care that the legislature must address;

(2) determine whether TRS Care and TRS Active Care are sustainable; and

(3) not later than December 31, 2015, report to the legislature the findings and conclusions of the study and recommend legislation to improve TRS Care and TRS Active Care.

Amendment No. 18 was adopted.

Amendment No. 17, as amended, was adopted.

Amendment No. 19

Representative Farrar offered the following amendment to CSHB 1:

Floor Packet Page No. 24

Amend CSHB 1 (house committee printing) in Article I of the bill, following the appropriation to the comptroller of public accounts (page I-17), by adding the following appropriately numbered rider:

____. E-Newsletter Notification of Right to Breast-Feed. Out of the funds appropriated to the comptroller of public accounts above in Strategy A.3.1, Taxpayer Information, the comptroller at least annually shall include in the comptroller's tax policy e-newsletter notification of a mother's right to breast-feed her baby in any location in which the mother's presence is authorized.

Amendment No. 19 was adopted. (C. Anderson, Bohac, Burkett, Crownover, Fallon, Flynn, P. King, Laubenberg, Metcalf, D. Miller, Phillips, Rinaldi, Shaheen, Spitzer, J. White, and Wray recorded voting no.)

Amendment No. 20

Representatives González and J. Rodriguez offered the following amendment to CSHB 1:

Floor Packet Page No. 25

Amend CSHB 1 (house committee printing) by adding the following appropriately numbered rider following the Article I appropriations for Fiscal Programs - Comptroller of Public Accounts (page I-21):

____. Report on Equal Pay at State Agencies. It is the intent of the legislature that the comptroller, using funds appropriated to the comptroller above, provide a report comparing the salaries of men and women employed under the same job classification system at all Texas state agencies. It is the intent of the legislature that the comptroller submit this annual report to members of the Texas Legislature no later than September 1 of each fiscal year.

Amendment No. 20 failed of adoption by (Record 112): 63 Yeas, 83 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Cook; Cyrier; Davis, Y.; Deshotel; Dukes; Dutton; Farias; Farrar; Frank; Geren; Giddings; González; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Howard; Israel; Johnson; Keffer; King, K.; King, T.; Landgraf; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Murr; Naishtat; Nevárez; Oliveira; Peña; Pickett; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schubert; Sheffield; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

Nays — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Craddick; Crownover; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frullo; Galindo; Goldman; Gonzales; Huberty; Hughes; Hunter; Isaac; Kacal; Keough; King, P.; King, S.; Klick; Koop; Krause; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Otto; Paddie; Parker; Paul; Phelan; Phillips; Price; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Shaheen; Sheets; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

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

Absent, Excused — Lucio.

STATEMENTS OF VOTE

When Record No. 112 was taken, I was shown voting yes. I intended to vote no.

Cyrier

When Record No. 112 was taken, I was shown voting yes. I intended to vote no.

Landgraf

When Record No. 112 was taken, I was shown voting yes. I intended to vote no.

Murr

When Record No. 112 was taken, I was shown voting yes. I intended to vote no.

Raney

When Record No. 112 was taken, I was shown voting yes. I intended to vote no.

Schubert

Amendment No. 21

Representative Alvarado offered the following amendment to CSHB 1:

Floor Packet Page No. 21

Amend CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill, add the following appropriately numbered rider after the appropriations to the Office of the Attorney General:

____. Additional Funds for Domestic Violence High Risk Teams. In addition to the other amounts appropriated above for Strategy C.1.2, Victims Assistance, in the state fiscal biennium beginning September 1, 2015, the amount of $4,000,000 is appropriated out of the general revenue fund to the Office of the Attorney General for the state fiscal year ending August 31, 2016, and the amount of $4,000,000 is appropriated out of the general revenue fund to the Office of the Attorney General for the state fiscal year ending August 31, 2017, for the purpose of providing funds for grants to establish domestic violence high risk teams.

(2) In Article V of the bill (page V-34), in the appropriations to the Department of Public Safety, reduce the appropriations from the general revenue fund to the Department of Public Safety for Strategy B.1.4, Extraordinary Operations, by the amount of $4,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $4,000,000 for the state fiscal year ending August 31, 2017.

(3) Adjust article totals and methods of financing accordingly.

Amendment No. 22

Representative Alvarado offered the following amendment to Amendment No. 21:

Amend Amendment No. 21 by Alvarado on page 21 CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill, add the following appropriately numbered rider after the appropriations to the Office of the Attorney General:

____. Additional Funds for Domestic Violence High Risk Teams. In addition to the other amounts appropriated above for Strategy C.1.2, Victims Assistance, in the state fiscal biennium beginning September 1, 2015, the amount of $2,000,000 is appropriated out of the general revenue fund to the Office of the Attorney General for the state fiscal year ending August 31, 2016, and the amount of $2,000,000 is appropriated out of the general revenue fund to the Office of the Attorney General for the state fiscal year ending August 31, 2017, for the purpose of providing funds for grants to establish domestic violence high risk teams.

(2) In Article V of the bill (page V-34), in the appropriations to the Department of Public Safety, reduce the appropriations from the general revenue fund to the Department of Public Safety for Strategy B.1.4, Extraordinary Operations, by the amount of $2,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $2,000,000 for the state fiscal year ending August 31, 2017.

(3) Adjust article totals and methods of financing accordingly.

Amendment No. 22 was adopted.

Amendment No. 21, as amended, was withdrawn.

Amendment No. 23

Representative Y. Davis offered the following amendment to CSHB 1:

Floor Packet Page No. 26

Amend CSHB 1 in Article I of the bill pattern for the Comptroller of Public Accounts, by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____: Consistent with the Comptroller's responsibility, the Comptroller shall provide to each member of the legislature a report detailing all funds deposited with the State of Texas through court settlements. The report shall include the following: (1) the amount deposited; (2) if the amount was deposited into general revenue or into a special account; (3) the remaining balance of each fund deposited; and, (4) the intended purposed or use of the funds deposited. The Comptroller shall provide the report on or before December 31st of each calendar year.

Amendment No. 23 was adopted. (Simmons and Springer recorded voting no.)

Amendment No. 24

Representative Raymond offered the following amendment to CSHB 1:

Floor Packet Page No. 27

Amend CSHB 1 (house of committee printing) in Article I of the bill following the appropriations to the Employees Retirement System of Texas (page I-36) by adding the following appropriately numbered rider:

____. Study Related to Diabetes in State Employees; Prevention Program. Out of funds appropriated to the Employees Retirement System of Texas by this Act, the retirement system shall:

(1) in consultation with the Texas Diabetes Council created under Chapter 103, Health and Safety Code:

(A) assess the prevalence of prediabetes among state employees; and

(B) based on directly observed data:

(i) develop an economic analysis of the implementation of an evidence-based diabetes prevention program as defined by the Centers for Disease Control and Prevention; and

(ii) evaluate the reduced risk of diabetes and cost savings to the retirement system related to the implementation of such a program;

(2) if the economic analysis and prevalence data justify it, in consultation with the Texas Diabetes Council and the retirement system's third-party administrator, scale and implement a cost-effective Type 2 diabetes prevention program for state employees; and

(3) not later than August 31, 2016, report to the legislature and the governor on the results of the economic analysis and evaluation and on any action taken based on the analysis and evaluation.

Amendment No. 24 was withdrawn.

Amendment No. 25

Representatives Zerwas, Raymond, and S. Davis offered the following amendment to CSHB 1:

Floor Packet Page No. 28

Amend CSHB 1, under Employees Retirement System, beginning on page I-37, with the following:

Diabetes Type 2 Prevention Program for ERS Participants. Out of funds appropriated above, the Employees Retirement System of Texas (ERS) shall, in consultation with the Texas Diabetes Council (TDC), assess the prevalence of pre-diabetes among the state employees population, and develop an economic analysis related to providing an evidence-based prevention program. If the economic analysis and prevalence data support it, ERS shall, in consultation with TDC and the ERS third-party administrator, develop and implement a cost-effective diabetes Type 2 prevention program for state employees. The result of this analysis and action taken by ERS will be included in a report to the legislature and governor on this program by August 31, 2016.

Amendment No. 25 was adopted. (Fallon, Flynn, P. King, Laubenberg, Rinaldi, Simmons, Springer, J. White, and Wray recorded voting no.)

Amendment No. 26

Representative McClendon offered the following amendment to CSHB 1:

Floor Packet Page No. 30

Amend CSHB 1 (house committee report) as follows:

(1) From revenue bond proceeds deposited to the general revenue fund, increase the amounts appropriated to the Facilities Commission for Strategy A.2.1, Facilities Design and Construction (page I-38), by $162,223,232 for the state fiscal year beginning September 1, 2015, and by $223,232 for the state fiscal year beginning September 1, 2016.

(2) Reduce all Article I general revenue fund appropriations by $162,223,232 for the state fiscal year beginning September 1, 2015, and by $223,232 for the state fiscal year beginning September 1, 2016. The comptroller shall proportionately reduce each item of general revenue fund appropriation in Article I in the amount necessary to equal the reduction in appropriation provided by this subdivision.

(3) In Article I, following the appropriations to the Facilities Commission, add the following appropriately numbered rider:

____. G. J. Sutton State Office Complex Construction Project. The Facilities Commission shall allocate from Strategy A.2.1, Facilities Design and Construction, $162,223,232 for the state fiscal year beginning September 1, 2015, and $223,232 for the state fiscal year beginning September 1, 2016, for the purpose of managing a construction project for a state office building and associated parking facilities to be used for state purposes on state-owned property in Bexar County at the site of the existing G. J. Sutton State Office Complex. Any unexpended and unobligated balances out of the appropriations made by this Act remaining as of August 31, 2016, are appropriated to the commission for the same purposes for the state fiscal year beginning September 1, 2016.

(4) In Article I, increase the "Number of Full-Time Equivalents (FTE)" in the Facilities Commission bill pattern (page I-38) by 3 full-time equivalent employees in the state fiscal year beginning September 1, 2015, and in the state fiscal year beginning September 1, 2016.

(5) In Article XI, in the Article I appropriations to the Facilities Commission (page XI-2), strike the item of appropriation "G.J. Sutton Building $162,446,464".

Amendment No. 26 was withdrawn.

Amendment No. 27

Representative Howard offered the following amendment to CSHB 1:

Floor Packet Page No. 33

Amend CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill, following the appropriations to the Texas Facilities Commission, in Rider No. 6, Employee Testing (page I-42), insert the following immediately after the period at the end of the rider:

The commission shall provide an employee information on the state's immunization registry, including information on the procedure to be included in the registry, when the employee receives an immunization for which the cost is paid by the commission as provided by this rider.

(2) In Article II of the bill, following the appropriations to the Department of State Health Services, in Rider No. 21, Immunization of Employees (page II-56), insert the following immediately after the period at the end of the rider:

The Department of State Health Services shall provide an employee information on the state's immunization registry, including information on the procedure to be included in the registry, when the employee receives an immunization for which the cost is paid by the department as provided by this rider.

(3) In Article VI of the bill, following the appropriations to the Animal Health Commission, in Rider No. 4, Testing and Immunization of Employees (page VI-12), insert the following immediately after the period at the end of the rider:

The Animal Health Commission shall provide an employee information on the state's immunization registry, including information on the procedure to be included in the registry, when the employee receives an immunization for which the cost is paid by the commission as provided by this rider.

(4) In Article VI of the bill, following the appropriations to the Texas Parks and Wildlife Department, in Rider No. 33, Testing and Immunization of Employees (page VI-41), insert the following immediately after the period at the end of the rider:

The Texas Parks and Wildlife Department (TPWD) shall provide an employee information on the state's immunization registry, including information on the procedure to be included in the registry, when the employee receives an immunization for which the cost is paid by the TPWD as provided by this rider.

Amendment No. 27 failed of adoption by (Record 113): 62 Yeas, 78 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Aycock; Bernal; Blanco; Canales; Coleman; Collier; Crownover; Darby; Davis, Y.; Deshotel; Dukes; Dutton; Farias; Farrar; Frullo; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; Kacal; King, K.; King, T.; Longoria; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Price; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheffield; Simpson; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Wu; Zerwas.

Nays — Anderson, C.; Anderson, R.; Ashby; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Capriglione; Clardy; Cook; Craddick; Cyrier; Dale; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Galindo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Keffer; Keough; King, P.; Klick; Koop; Krause; Landgraf; Laubenberg; Leach; Lozano; Márquez; Metcalf; Meyer; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Smith; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; White, J.; Workman; Wray; Zedler.

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

Absent, Excused — Lucio.

Absent — Button; King, S.; Larson; Miller, D.; Smithee; White, M.

STATEMENTS OF VOTE

When Record No. 113 was taken, I was in the house but away from my desk. I would have voted no.

Button

When Record No. 113 was taken, I was shown voting yes. I intended to vote no.

Frullo

When Record No. 113 was taken, I was shown voting yes. I intended to vote no.

Kacal

When Record No. 113 was taken, I was shown voting yes. I intended to vote no.

K. King

When Record No. 113 was taken, I was in the house but away from my desk. I would have voted no.

S. King

When Record No. 113 was taken, I was shown voting no. I intended to vote yes.

Márquez

When Record No. 113 was taken, my vote failed to register. I would have voted no.

M. White

Amendment No. 28

Representative González offered the following amendment to CSHB 1:

Floor Packet Page No. 36

Amend CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill (page I-52), in the appropriations to the Trusteed Programs Within the Office of the Governor, reduce the appropriations from the general revenue fund to the Trusteed Programs Within the Office of the Governor for Strategy C.1.1, Economic Development, by the amount of $345,073 for the state fiscal year ending August 31, 2016, and by the amount of $347,802 for the state fiscal year ending August 31, 2017.

(2) In Article VII of the bill (page VII-2), in the appropriations to the Department of Housing and Community Affairs, increase the appropriations from the general revenue fund to the Department of Housing and Community Affairs for Strategy B.2.1, Colonia Service Centers, by the amount of $345,073 for the state fiscal year ending August 31, 2016, and by the amount of $347,802 for the state fiscal year ending August 31, 2017.

(3) Adjust totals and methods of financing accordingly.

Amendment No. 29

Representative González offered the following amendment to Amendment No. 28:

Amend Amendment No. 28 to CSHB 1 by Gonzalez (page 36, prefiled amendment packet) by striking item (1) and substituting the following:

(1) In Article V of the bill (page V-34), in the appropriations to the Department of Public Safety, reduce the appropriations from the general revenue fund to the Department of Public Safety for Strategy B.1.5, Recruitment, Retention and Support, by the amount of $345,073 for the state fiscal year ending August 31, 2016, and by the amount of $347,802 for the state fiscal year ending August 31, 2017.

Amendment No. 29 was adopted. (C. Anderson and Phillips recorded voting no.)

Representative S. Turner moved to table Amendment No. 28, as amended.

The motion to table prevailed by (Record 114): 100 Yeas, 40 Nays, 3 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Howard; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; Workman; Wray; Zedler; Zerwas.

Nays — Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Farias; Farrar; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Israel; Johnson; King, T.; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Thompson, S.; Turner, C.; Vo; Walle; Wu.

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

Absent, Excused — Lucio.

Absent — Allen; Deshotel; Dukes; Giddings; White, M.

STATEMENTS OF VOTE

When Record No. 114 was taken, I was in the house but away from my desk. I would have voted no.

Allen

When Record No. 114 was taken, I was in the house but away from my desk. I would have voted no.

Dukes

When Record No. 114 was taken, I was shown voting yes. I intended to vote no.

Longoria

When Record No. 114 was taken, I was shown voting yes. I intended to vote no.

Márquez

When Record No. 114 was taken, I was shown voting yes. I intended to vote no.

Rose

When Record No. 114 was taken, my vote failed to register. I would have voted yes.

M. White

Amendment No. 30

Representative Miles offered the following amendment to CSHB 1:

Floor Packet Page No. 39

Amend CSHB 1 (house committee printing) as follows:

In Article I of the bill, in the bill pattern for the Trusteed Programs within the Office of the Governor on page I-53, add the following appropriately numbered rider and renumber any subsequent riders accordingly:

____. Texas Enterprise Fund Community Improvement. Amounts appropriated above in Strategy C.1.4, Texas Enterprise Fund, the Trusteed Programs within the Office of the Governor shall ensure that at least 10 percent of the funds awarded shall be to recipients locating to areas with an unemployment rate above the state average in counties with a population above 4 million according to the most recent U.S. Census.

Amendment No. 31

Representative Miles offered the following amendment to Amendment No. 30:

Amend Floor Amendment No. 30 by Miles to CSHB 1 (page 39, prefiled amendments packet) in the text of the added rider by striking "4 million" and substituting "one million".

Amendment No. 31 was adopted.

Representative S. Turner moved to table Amendment No. 30, as amended.

The motion to table prevailed by (Record 115): 104 Yeas, 36 Nays, 2 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Johnson; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Landgraf; Larson; Laubenberg; Leach; Lozano; Márquez; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Turner, S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Blanco; Canales; Coleman; Davis, Y.; Farias; Farrar; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Israel; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rose; Thompson, S.; Turner, C.; Vo; Walle; Wu.

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

Absent, Excused — Lucio.

Absent — Bernal; Collier; Guillen; Longoria; Rodriguez, J.; Romero.

STATEMENTS OF VOTE

When Record No. 115 was taken, I was in the house but away from my desk. I would have voted no.

Bernal

When Record No. 115 was taken, I was in the house but away from my desk. I would have voted no.

Collier

When Record No. 115 was taken, my vote failed to register. I would have voted yes.

Guillen

When Record No. 115 was taken, I was shown voting yes. I intended to vote no.

Márquez

When Record No. 115 was taken, I was in the house but away from my desk. I would have voted no.

J. Rodriguez

When Record No. 115 was taken, my vote failed to register. I would have voted no.

Romero

(Speaker in the chair)

Amendment No. 32

Representative E. Rodriguez offered the following amendment to CSHB 1:

Floor Packet Page No. 40

Amend CSHB 1 as follows:

(1) Add the following appropriately numbered rider following the appropriations to the trusteed programs within the office of the governor:

____. Grants to Certain Peace Officer Organizations. The Criminal Justice Division may not use any money appropriated under this Act to make a grant or other distribution to an association, group, union, lodge, local, or other organization, whether incorporated or unincorporated, in which peace officers participate and which exists wholly or partly to deal with employers concerning grievances, labor disputes, wages and rates of pay, hours of employment, and conditions of work if:

(1) the organization or an employee of the organization is required to register under Chapter 305, Government Code;

(2) the organization employs a person for the purpose of affecting the outcome of legislation, agency rules, ordinances, or other governmental policies; or

(3) the organization provides legal representation to its members.

(2) Add the following appropriately numbered rider following the Article VII appropriations to the Texas Department of Transportation:

____. Grants to Certain Peace Officer Organizations. The Texas Department of Transportation may not use any money appropriated under this Act to make a grant or other distribution to an association, group, union, lodge, local, or other organization, whether incorporated or unincorporated, in which peace officers participate and which exists wholly or partly to deal with employers concerning grievances, labor disputes, wages and rates of pay, hours of employment, and conditions of work if:

(1) the organization or an employee of the organization is required to register under Chapter 305, Government Code;

(2) the organization employs a person for the purpose of affecting the outcome of legislation, agency rules, ordinances, or other governmental policies; or

(3) the organization provides legal representation to its members.

(3) Add the following appropriately numbered rider to Article IX of the bill:

____. Grants to Certain Peace Officer Organizations. A state agency may not use any money appropriated under this Act to make a grant or other distribution to an association, group, union, lodge, local, or other organization, whether incorporated or unincorporated, in which peace officers participate and which exists wholly or partly to deal with employers concerning grievances, labor disputes, wages and rates of pay, hours of employment, and conditions of work if:

(1) the organization or an employee of the organization is required to register under Chapter 305, Government Code;

(2) the organization employs a person for the purpose of affecting the outcome of legislation, agency rules, ordinances, or other governmental policies; or

(3) the organization provides legal representation to its members.

(3) Add the following appropriately numbered rider to Article XI of the bill:

____. Grants to Certain Peace Officer Organizations. A state agency may not use any money appropriated under this Act to make a grant or other distribution to an association, group, union, lodge, local, or other organization, whether incorporated or unincorporated, in which peace officers participate and which exists wholly or partly to deal with employers concerning grievances, labor disputes, wages and rates of pay, hours of employment, and conditions of work if:

(1) the organization or an employee of the organization is required to register under Chapter 305, Government Code;

(2) the organization employs a person for the purpose of affecting the outcome of legislation, agency rules, ordinances, or other governmental policies; or

(3) the organization provides legal representation to its members.

Representative S. Turner moved to table Amendment No. 32.

The motion to table was lost by (Record 116): 65 Yeas, 77 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Bell; Canales; Clardy; Collier; Craddick; Crownover; Darby; Davis, S.; Davis, Y.; Dukes; Dutton; Elkins; Fallon; Farrar; Fletcher; Flynn; Galindo; Giddings; González; Harless; Herrero; Israel; Johnson; Keough; King, S.; King, T.; Koop; Landgraf; Larson; Laubenberg; Leach; Longoria; Martinez Fischer; McClendon; Metcalf; Meyer; Miles; Muñoz; Murr; Nevárez; Otto; Paul; Peña; Phillips; Raney; Reynolds; Rinaldi; Romero; Rose; Schofield; Schubert; Shaheen; Sheets; Sheffield; Smith; Thompson, E.; Thompson, S.; Turner, S.; Walle; Workman; Wu; Zedler.

Nays — Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Coleman; Cook; Cyrier; Dale; Deshotel; Faircloth; Farias; Farney; Frank; Frullo; Goldman; Gonzales; Guerra; Gutierrez; Hernandez; Howard; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; King, K.; King, P.; Klick; Krause; Kuempel; Lozano; Márquez; Miller, D.; Miller, R.; Moody; Morrison; Murphy; Naishtat; Oliveira; Paddie; Parker; Phelan; Pickett; Price; Riddle; Rodriguez, E.; Rodriguez, J.; Sanford; Schaefer; Simmons; Simpson; Smithee; Spitzer; Springer; Stephenson; Stickland; Tinderholt; Turner, C.; Turner, E.S.; VanDeaver; Villalba; Vo; White, J.; White, M.; Wray; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Bernal; Geren; Guillen; Martinez; Raymond.

STATEMENTS OF VOTE

When Record No. 116 was taken, I was in the house but away from my desk. I would have voted yes.

Bernal

When Record No. 116 was taken, I was shown voting yes. I intended to vote no.

Collier

When Record No. 116 was taken, I was shown voting yes. I intended to vote no.

Crownover

When Record No. 116 was taken, I was shown voting yes. I intended to vote no.

Galindo

When Record No. 116 was taken, I was shown voting yes. I intended to vote no.

Herrero

When Record No. 116 was taken, I was shown voting yes. I intended to vote no.

S. King

When Record No. 116 was taken, I was shown voting yes. I intended to vote no.

Rinaldi

When Record No. 116 was taken, I was shown voting yes. I intended to vote no.

Shaheen

Amendment No. 32 was adopted by (Record 117): 92 Yeas, 47 Nays, 1 Present, not voting.

Yeas — Anchia; Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Blanco; Bonnen, G.; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Deshotel; Faircloth; Farias; Farney; Flynn; Frank; Frullo; Goldman; Gonzales; Guerra; Gutierrez; Hernandez; Herrero; Howard; Huberty; Hughes; Hunter; Isaac; Israel; Kacal; Keffer; King, K.; King, P.; King, S.; Klick; Krause; Kuempel; Landgraf; Larson; Lozano; Márquez; Metcalf; Miller, D.; Miller, R.; Moody; Morrison; Murphy; Murr; Naishtat; Oliveira; Paddie; Parker; Peña; Phelan; Pickett; Price; Raney; Riddle; Rinaldi; Rodriguez, E.; Romero; Sanford; Schaefer; Schubert; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Tinderholt; Turner, C.; VanDeaver; Villalba; Vo; White, J.; White, M.; Wray; Wu; Zerwas.

Nays — Allen; Alonzo; Alvarado; Bohac; Burkett; Canales; Coleman; Collier; Davis, S.; Davis, Y.; Dukes; Dutton; Elkins; Fallon; Farrar; Fletcher; Giddings; González; Harless; Johnson; King, T.; Koop; Laubenberg; Leach; Longoria; Martinez Fischer; McClendon; Meyer; Miles; Muñoz; Nevárez; Otto; Paul; Phillips; Reynolds; Rodriguez, J.; Rose; Schofield; Shaheen; Sheets; Thompson, E.; Thompson, S.; Turner, E.S.; Turner, S.; Walle; Workman; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Bernal; Bonnen, D.; Galindo; Geren; Guillen; Keough; Martinez; Raymond.

STATEMENTS OF VOTE

When Record No. 117 was taken, I was in the house but away from my desk. I would have voted no.

Bernal

When Record No. 117 was taken, I was shown voting no. I intended to vote yes.

Collier

When Record No. 117 was taken, I was shown voting yes. I intended to vote no.

Cook

When Record No. 117 was taken, my vote failed to register. I would have voted yes.

Galindo

When Record No. 117 was taken, I was shown voting yes. I intended to vote no.

Hernandez

When Record No. 117 was taken, I was in the house but away from my desk. I would have voted yes.

Keough

When Record No. 117 was taken, I was shown voting no. I intended to vote yes.

Otto

When Record No. 117 was taken, I was shown voting no. I intended to vote yes.

J. Rodriguez

When Record No. 117 was taken, I was shown voting no. I intended to vote yes.

Shaheen

When Record No. 117 was taken, I was shown voting no. I intended to vote yes.

Workman

(Márquez in the chair)

Amendment No. 33

Representative Rinaldi offered the following amendment to CSHB 1:

Floor Packet Page No. 43

Amend CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill, in the appropriations to the Trusteed Programs Within the Office of the Governor (page I-52), strike Strategy C.1.3, Film and Music Marketing, and strike the appropriation for that strategy for each fiscal year of the biennium.

(2) In Article I of the bill, following the appropriations to the Trusteed Programs Within the Office of the Governor, in Rider No. 12, Part I, Subpart f (page I-56), strike "Strategies C.1.1, Economic Development; C.1.2, Tourism; and C.1.3, Film and Music Marketing" and substitute "Strategies C.1.1, Economic Development; and C.1.2, Tourism".

(3) In Article I of the bill, following the appropriations to the Trusteed Programs Within the Office of the Governor, in Rider No. 12, Part I, Subpart h (page I-56), strike "Strategies C.1.1, Economic Development; C.1.2, Tourism; and C.1.3, Film and Music Marketing" and substitute "Strategies C.1.1, Economic Development; and C.1.2, Tourism".

(4) In Article I of the bill, following the appropriations to the Trusteed Programs Within the Office of the Governor, in Rider No. 12, Part II, Subpart c (page I-56), strike "Strategies C.1.1, Economic Development; C.1.2, Tourism; and C.1.3, Film and Music Marketing" and substitute "Strategies C.1.1, Economic Development; and C.1.2, Tourism".

(5) Adjust article totals and methods of financing accordingly.

Amendment No. 34

Representative Isaac offered the following amendment to Amendment No. 33:

Amend Amendment No. 33 by Rinaldi to CSHB 1 (page 43, prefiled amendments packet) by adding the following appropriately numbered item and renumbering subsequent items accordingly:

(____) None of the funds appropriated above to Strategies C.1.1, Economic Development; and C.1.2, Tourism can be used for projects located in a city with a population under 750,000 people according to the 2010 census and located within a 5 mile radius of an international airport with three active flight towers.

Amendment No. 34 - Point of Order

Representative Rinaldi raised a point of order against further consideration of Amendment No. 34 under Rule 11, Section 2 of the House Rules on the grounds that the amendment is not germane to the bill.

The point of order was withdrawn.

(Speaker in the chair)

Amendment No. 34 was withdrawn.

Representative S. Turner moved to table Amendment No. 33.

The motion to table prevailed by (Record 118): 111 Yeas, 32 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Canales; Clardy; Coleman; Collier; Cook; Craddick; Crownover; Cyrier; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Elkins; Farias; Farney; Farrar; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Giddings; Gonzales; Guerra; Guillen; Harless; Hernandez; Herrero; Howard; Huberty; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, S.; King, T.; Koop; Kuempel; Larson; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Meyer; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Sheets; Sheffield; Smith; Smithee; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Walle; Workman; Wu; Zerwas.

Nays — Anderson, R.; Burrows; Button; Capriglione; Dale; Faircloth; Fallon; Goldman; Hughes; King, P.; Klick; Landgraf; Laubenberg; Leach; Murr; Phelan; Riddle; Rinaldi; Sanford; Schaefer; Shaheen; Simmons; Simpson; Spitzer; Springer; Stickland; Tinderholt; Turner, E.S.; White, J.; White, M.; Wray; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — González; Gutierrez; Krause; Miles.

STATEMENTS OF VOTE

When Record No. 118 was taken, I was shown voting yes. I intended to vote no.

Bohac

When Record No. 118 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 118 was taken, I was shown voting yes. I intended to vote no.

Flynn

When Record No. 118 was taken, I was shown voting yes. I intended to vote no.

Koop

When Record No. 118 was taken, I was shown voting yes. I intended to vote no.

Meyer

Amendment No. 35

Representative Alvarado offered the following amendment to CSHB 1:

Floor Packet Page No. 42

Amend CSHB 1 (house committee report) as follows:

(1) In Article I of the bill, add the following appropriately numbered rider after the appropriations to the Trusteed Programs within the Office of the Governor and renumber subsequent riders accordingly:

____. Funds for Monitoring Defendants and Victims in Family Violence Cases. In addition to amounts previously appropriated above for Strategy B.1.1, Criminal Justice (page I-52), during the state fiscal biennium ending August 31, 2017, the amount of $1,000,000 is appropriated out of the general revenue fund for the state fiscal year ending August 31, 2016, and the amount of $1,000,000 is appropriated out of the general revenue fund for the state fiscal year ending August 31, 2017, to the Trusteed Programs within the Office of the Governor for the purpose of providing grants to reimburse counties for all or part of their financial losses incurred as a result of monitoring performed in family violence cases with respect to defendants and victims who participate in a global positioning monitoring system under Article 17.292 or 17.49, Code of Criminal Procedure.

(2) In Article V of the bill, in the appropriations to the Department of Public Safety, reduce the appropriations from the general revenue fund to the Department of Public Safety for Strategy B.1.4, Extraordinary Operations (page V-34), by the amount of $1,000,000 for the state fiscal year ending August 31, 2016, and by the amount of $1,000,000 for the state fiscal year ending August 31, 2017.

(3) Adjust totals and methods of financing accordingly.

Amendment No. 36

Representative Alvarado offered the following amendment to Amendment No. 35:

Amend Floor Amendment No. 35 by Alvarado to CSHB 1 as follows:

(1) In Item (1) of the amendment, on line 2, strike "Article I" and substitute "Article XI".

(2) In Item (1) of the amendment, strike lines 3-5 and substitute "appropriately numbered rider:".

(3) Strike Item (2) of the amendment and renumber subsequent items accordingly.

Amendment No. 36 was adopted. (Flynn, P. King, and Laubenberg recorded voting no.)

Amendment No. 35, as amended, was adopted. (C. Anderson, Fallon, Flynn, P. King, Laubenberg, Rinaldi, and Wray recorded voting no.)

Amendment No. 37

Representative Rinaldi offered the following amendment to CSHB 1:

Floor Packet Page No. 44

Amend CSHB 1 (house committee printing) as follows:

(1) In Article I of the bill, in the appropriations to the Trusteed Programs Within the Office of the Governor (page I-52), strike the appropriations for Strategy C.1.4, Texas Enterprise Fund, for each fiscal year of the biennium.

(2) In Article I of the bill, following the appropriations to the Trusteed Programs Within the Office of the Governor, in Rider 1 (Performance Measure Targets), in Part C (Goal: Economic Development and Tourism) (page I-53), strike the outcome measures for the Number of Unduplicated Jobs Announced by Companies Receiving Grants from the Texas Enterprise Fund.

(3) In Article I of the bill, following the appropriations to the Trusteed Programs Within the Office of the Governor, strike Rider 24 (Contingency for Texas Enterprise Fund) (page I-58).

(4) In Article IX, Part 18, of the bill, strike Section 18.05 (Appropriations to Trusteed Programs within the Office of the Governor) (page IX-78).

(5) Adjust article totals and methods of financing accordingly.

Representative S. Turner moved to table Amendment No. 37.

The motion to table prevailed by (Record 119): 119 Yeas, 22 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Ashby; Aycock; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burrows; Button; Canales; Capriglione; Clardy; Collier; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farias; Farney; Farrar; Fletcher; Flynn; Frullo; Galindo; Geren; Giddings; Goldman; Gonzales; Guerra; Guillen; Harless; Hernandez; Howard; Huberty; Hunter; Isaac; Israel; Johnson; Kacal; Keffer; Keough; King, K.; King, S.; Koop; Kuempel; Larson; Laubenberg; Leach; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Metcalf; Miller, D.; Miller, R.; Moody; Morrison; Muñoz; Murphy; Naishtat; Nevárez; Oliveira; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Riddle; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheets; Simmons; Smith; Smithee; Springer; Stephenson; Thompson, E.; Thompson, S.; Turner, C.; Turner, S.; VanDeaver; Villalba; Vo; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Anderson, R.; Burns; Coleman; Frank; King, P.; King, T.; Klick; Krause; Landgraf; Meyer; Murr; Rinaldi; Schaefer; Shaheen; Simpson; Spitzer; Stickland; Tinderholt; Turner, E.S.; Walle; White, J.; White, M.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — González; Gutierrez; Herrero; Hughes; Miles; Sheffield.

STATEMENTS OF VOTE

When Record No. 119 was taken, I was shown voting yes. I intended to vote no.

Burrows

When Record No. 119 was taken, I was shown voting no. I intended to vote yes.

Coleman

When Record No. 119 was taken, I was in the house but away from my desk. I would have voted no.

Hughes

When Record No. 119 was taken, I was shown voting no. I intended to vote yes.

Meyer

When Record No. 119 was taken, my vote failed to register. I would have voted yes.

Sheffield

Amendment No. 38

Representative J. Rodriguez offered the following amendment to CSHB 1:

Floor Packet Page No. 46

Amend CSHB 1 (house committee report), Article I, page I-63, of the Historical Commission's bill pattern, by adding the appropriately numbered rider:

____. Hispanic Heritage Center. Included in amounts appropriated above is $250,000 in general revenue in Strategy A.2.1, Development Assistance, each fiscal year of the 2016-17 biennium for grants to assist in the development of the Hispanic Heritage Center in San Antonio, Texas.

Any unexpended balances of these funds remaining as of August 31, 2016, are appropriated to the Historical Commission for the fiscal year beginning September 1, 2016 for the same purpose.

Amendment No. 38 was withdrawn.

Amendment No. 39

Representative Ashby offered the following amendment to CSHB 1:

Floor Packet Page No. 47

Amend CSHB 1 as follows:

(1) On page I-63 after the bill pattern of the Historical Commission add the following new rider:

____. Texas State Almanac Grant. Out of funds appropriated above in Strategy A.3.1, Evaluate/Interpret Resources, the Historical Commission may enter into a contract of no more than $500,000 in fiscal year 2016 with a non-profit organization for the purpose of developing and producing a Texas State Almanac. The Texas State Almanac shall be available to the general public and provide information on the history of Texas, its people, government and politics, economics, natural resources, holidays, culture, education, recreation, the arts, and other related topics.

Amendment No. 39 was withdrawn.

Amendment No. 40

Representative Raymond offered the following amendment to CSHB 1:

Floor Packet Page No. 54

Amend CSHB 1 (house committee printing) as follows:

(1) In Article II of the bill, strike Rider 25, Appropriation: Medicaid Estate Recovery (page II-14), and substitute the following:

25. Appropriation: Medicaid Estate Recovery. (a) Funds deposited to the credit of Medicaid Estate Recovery (General Revenue - Dedicated Account No. 5109) above the Biennial Revenue Estimate are appropriated as follows:

(1) in addition to other amounts appropriated to the Health and Human Services Commission elsewhere in this Act, the first $750,000 deposited to the credit of the account during each year of the state fiscal biennium ending August 31, 2017, is appropriated to the commission for the purpose of awarding grants under Section 531.125, Government Code; and

(2) any amount deposited to the credit of the account above the amount specified by Subdivision (1) of this subsection is appropriated to the Department of Aging and Disability Services for community-based care to individuals who are on a waiting or interest list.

(b) The appropriation made under Subsection (a)(2) of this section is contingent on the Department of Aging and Disability Services submitting a plan that details the number of clients to be served, estimated expenditures by method of financing by year, as well as any other information requested by the Legislative Budget Board. The plan shall be submitted to the Legislative Budget Board, the Governor, and the Comptroller of Public Accounts 30 days before any expenditure of the funds.

Amendment No. 40 was withdrawn.

Amendment No. 41

Representative Sheffield offered the following amendment to CSHB 1:

Floor Packet Page No. 55

Rider ____: Provider Rate Increases for Certain IDD Programs. It is the 84th Legislature's intent that funds appropriated in this Act to the Department of Aging and Disability Services to provide an increase in the payment rates for the community-based ICF/IID program and the HCS and TxHmL waiver programs are to be distributed across service types and cost areas in a manner that restores, to the extent possible, service and operational needs providers reduced or eliminated as the result of the rate cuts that became effective 9-1-2010, 2-1-2011, 9-1-2011 and 9-1-2013 and that does not reduce any rate below current rates. In fulfilling this intent the Texas Health and Human Services Commission is directed to convene a workgroup of at least 4 representatives from each public and private association representing providers of the services for which the funds are appropriated. The workgroup is charged with reviewing and comparing current audited cost reports to reductions providers made to adjust to the rate cuts and ~~determining~~ making recommendations regarding rates that meet the intent stated above and that assure, to the extent possible, quality of services and health and safety of individuals served are not compromised.

Amendment No. 41 was withdrawn.

Amendment No. 42

Representative Walle offered the following amendment to CSHB 1:

Floor Packet Page No. 58

Amend CSHB 1 in Article II of the bill, following the appropriations to the Department of Family and Protective Services (page 11-29), by adding the following appropriately numbered rider:

____. Study on Professional Caseload Standards. It is the intent of the legislature that the Department of Family and Protective Services, using available funds appropriated by this Act and in conjunction with the Legislative Budget Board:

(1) conduct a study to develop professional and other caseload standards and recommendations for minimum and maximum caseloads for each type of caseworker employed by the department; and

(2) make recommendations based on the study to the executive commissioner of the Health and Human Services Commission not later than April 1, 2016.

Representative Price moved to table Amendment No. 42.

The motion to table prevailed by (Record 120): 99 Yeas, 43 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guerra; Harless; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dukes; Dutton; Farias; Farrar; Giddings; González; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, J.; Romero; Rose; Turner, C.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Huberty; Naishtat; Rodriguez, E.; Thompson, S.; Turner, S.

STATEMENT OF VOTE

When Record No. 120 was taken, I was shown voting yes. I intended to vote no.

Guerra

Amendment No. 43

Representative Raymond offered the following amendment to CSHB 1:

Floor Packet Page No. 59

Amend CSHB 1 (house committee printing) by adding the following appropriately numbered provision under Article II appropriations to the Department of Family and Protective Services (page II-42):

39. Timely Replacement of Caseworkers. Out of existing appropriations, the Department of Family and Protective Services shall develop a program to provide for the timely replacement of caseworkers with trainees hired using data forecasting of vacancies in targeted areas of the state. In developing the program, the department shall consider the turnover rate for caseworkers by region.

Amendment No. 43 was withdrawn.

Amendment No. 44

Representative S. King offered the following amendment to CSHB 1:

Floor Packet Page No. 60

Amend CSHB 1 as follows:

1) On page II-42, add the following rider:

____. Abusive Head Trauma. Out of funds appropriated above in Strategy C.1.5, Other At-Risk Prevention Programs, up to $1,918,640 in general revenue funds in fiscal year 2016 and $3,110,670 in general revenue funds in fiscal year 2017 may be allocated to prevent abusive head trauma and other child abuse and neglect related fatalities for hospital-based and prenatal provider parent education focused on infant crying. The Department shall evaluate the effectiveness of the program and provide a report to the legislature no later than December 1, 2016.

Amendment No. 44 was withdrawn.

Amendment No. 45

Representative Burkett offered the following amendment to CSHB 1:

Floor Packet Page No. 61

Amend CSHB 1 in Article II, following the appropriations to the Department of Family and Protective Services, by inserting the following appropriately numbered contingent rider:

____. Contingent rider: Money for data collection relating to requirements for the department to offer joint conservatorship to caregivers who relinquish custody of their child to the state in order to obtain intensive mental health services. (a) This rider is contingent on the enactment of HB 2039 or similar legislation by the 84th Legislature, Regular Session, 2015, that becomes law.

(b) It is the intent of the legislature that, out of the money appropriated above to the Department of Family and Protective Services in Strategy B.1.2. CPS PROGRAM SUPPORT, the department allocate for the state fiscal biennium beginning September 1, 2015, for the purpose of implementing annual reporting requirements concerning joint conservatorship to the legislature.

Amendment No. 45 was withdrawn.

Amendment No. 46

Representative Burkett offered the following amendment to CSHB 1:

Floor Packet Page No. 62

Amend CSHB 1 in Article II, following the appropriations to the Department of Family and Protective Services, by inserting the following appropriately numbered contingent rider:

____. Contingent Rider: Money for Searchable Child-Care Facility Database. (a) This rider is contingent on the enactment of HB 1180 or similar legislation by the 84th Legislature, Regular Session, 2015, that becomes law.

(b) It is the intent of the legislature that, out of the money appropriated above to the Department of Family and Protective Services in Strategy E.1.1: CHILD CARE REGULATION, the department allocate for the state fiscal biennium beginning September 1, 2015, an amount sufficient to implement changes to the department's searchable child-care facility database.

Amendment No. 46 was withdrawn.

Amendment No. 47

Representative Frullo offered the following amendment to CSHB 1:

Floor Packet Page No. 64

On page II-42 add the following:

39. Restoration of Child Abuse Prevention Funds. From funds appropriated above in Strategy C.1.3, the Department of Family Protective Services shall use $1,200,000 for the Texas Home Visitation Program or an evidence based home visitation model program generationally similar to Texas Home Visitation Program to counties that aggregately lost state funding for evidence based home visitation under the Department of Family & Protective Services Texas Families: Together and Safe program for child abuse and neglect prevention services during the 2014-2015 biennium.

Amendment No. 47 was withdrawn.

Amendment No. 48

Representative S. King offered the following amendment to CSHB 1:

Floor Packet Page No. 65

Amend CSHB 1 as follows:

1) On page II-42, add the following rider:

____. Contingency for HB 19. Contingent upon the enactment of HB 19, or similar legislation relating to mental health and preventive services programs for veterans and military families, by the Eighty-Fourth Legislature, Regular Session, DFPS shall allocate $1,589,964 in general revenue funds in fiscal year 2016 and $3,228,108 in general revenue funds in fiscal year 2017, out of funds appropriated above in Strategy C.1.5, Other At-Risk Prevention Programs, to implement a preventive services program to serve veterans and military families who have committed or experienced or who are at a high risk of family violence or abuse or neglect.

Amendment No. 48 was withdrawn.

Amendment No. 49

Representative Spitzer offered the following amendment to CSHB 1:

Floor Packet Page No. 68

Amend CSHB 1 as follows:

(1) On page II-44 of the bill pattern for the Department of State Health Services, reduce general revenue appropriations to Strategy A.2.2, HIV/STD Prevention, by $2,500,000 in fiscal year 2016 and by $2,500,000 in fiscal year 2017.

(2) On page II-44 of the bill pattern for the Department of State Health Services, increase general revenue appropriations to Strategy A.3.3, Abstinence Education by $2,500,000 in fiscal year 2016 and by $2,500,000, in fiscal year 2017.

(3) Adjust the article totals and methods of financing accordingly.

Amendment No. 49 was withdrawn.

Amendment No. 50

Representative Miles offered the following amendment to CSHB 1:

Floor Packet Page No. 70

Amend CSHB 1 (house committee printing) as follows:

(1) In Article V of the bill (page V-34), in the appropriations to the Department of Public Safety, reduce the appropriations from the general revenue fund to the Department of Public Safety for Strategy B.1.5, Recruitment, Retention and Support, by the amount of $3,000,000 for the 2016-17 biennium.

(2) In Article II of the bill (page II-44), in the appropriations to the Department of State Health Services increase the appropriations from the general revenue fund to the Department of State Health Services, by the amount of $300,000 for each fiscal year of the 2016-17 biennium for each of the following strategies: B.1.1, Provide WIC Services; B.1.2, Women & Children's Health Services; B.1.3, Family Planning Services; B.1.4, Community Primary Care Services; and B.2.2, Mental Health SVCS-Children.

(3) In Article II of the bill, in the bill pattern for the Department of State Health Services on page II-46, insert the appropriately numbered rider and renumber any subsequent riders accordingly:

____. ADDITIONAL COMMUNITY HEALTH SERVICES FUNDING FOR AT-RISK COMMUNITIES. The amount of $300,000 for each fiscal year of the 2016-17 biennium for each of the following strategies: B.1.1, Provide WIC Services; B.1.2, Women & Children's Health Services; B.1.3, Family Planning Services; B.1.4, Community Primary Care Services; and B.2.2, Mental Health SVCS-Children, the Department of State Health Services shall provide additional community health support to municipalities where both the poverty and population rate are higher than the state average.

Representative Price moved to table Amendment No. 50.

The motion to table prevailed by (Record 121): 97 Yeas, 44 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Burkett; Dukes; Guillen; Oliveira; Pickett; Raney.

STATEMENT OF VOTE

When Record No. 121 was taken, I was in the house but away from my desk. I would have voted no.

Dukes

Amendment No. 51

Representative Bell offered the following amendment to CSHB 1:

Floor Packet Page No. 75

Amend CSHB 1 (house committee printing) as follows:

(1) In Article II of the bill, in the appropriations to the Department of State Health Services, reduce the general revenue appropriations for Strategy C.1.3, Mental Health State Hospitals (page II-45), by the amount of $948,069 for each year of the state fiscal biennium ending August 31, 2017.

(2) Following the appropriations to the Department of State Health Services in Article II of the bill, add the following appropriately numbered provision and renumber subsequent provisions accordingly:

____. In addition to other appropriations made by this Act to the Department of State Health Services for Strategy C.2.1, Mental Health Community Hospitals, there is appropriated for that strategy $948,069 from the general revenue fund for each year of the state fiscal biennium ending August 31, 2017, for providing forensic hospital services at the Montgomery County Mental Health Treatment Facility.

Amendment No. 51 was withdrawn.

Amendment No. 52

Representative Clardy offered the following amendment to CSHB 1:

Floor Packet Page No. 76

Amend CSHB 1 (house committee report) in Article II of the bill, following the bill pattern appropriations to the Department of State Health Services, by adding the following appropriately numbered rider:

____. Prohibition on Use of Appropriations for the Private Operation of a State Hospital. Funds appropriated by this Act to the Department of State Health Services may not, without approval from the Legislative Budget Board, be used:

(1) to solicit bids from a private entity for a private entity to operate a state hospital; or

(2) to pay a private entity to operate a state hospital.

Amendment No. 52 was withdrawn.

Amendment No. 53

Representative Leach offered the following amendment to CSHB 1:

Floor Packet Page No. 79

Amend CSHB 1 (house committee printing) as follows:

(1) In Article II of the bill, following the appropriations to the Department of State Health Services, amend Rider 19, Family Planning (page II-56), by inserting the following after the last sentence of the rider:

None of the funds appropriated above may be used to implement human sexuality instruction or family planning instruction, or to provide instructional materials for use in human sexuality instruction or family planning instruction, if the instruction or the instructional materials are provided or prepared by an individual or entity that performs elective abortions or an affiliate of an individual or entity that performs elective abortions.

(2) In Article II of the bill, following the appropriations to the Health and Human Services Commission, amend Rider 31, Family Planning (page II-85), by inserting the following after the last sentence of the rider:

None of the funds appropriated above may be used to implement human sexuality instruction or family planning instruction, or to provide instructional materials for use in human sexuality instruction or family planning instruction, if the instruction or instructional materials are provided or prepared by an individual or entity that performs elective abortions or an affiliate of an individual or entity that performs elective abortions.

Amendment No. 53 was adopted by (Record 122): 96 Yeas, 46 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Collier; Davis, S.; Davis, Y.; Deshotel; Dukes; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Canales; Coleman; Guillen; Meyer; Oliveira.

STATEMENTS OF VOTE

When Record No. 122 was taken, I was in the house but away from my desk. I would have voted no.

Canales

When Record No. 122 was taken, my vote failed to register. I would have voted yes.

Meyer

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).

(Metcalf in the chair)

CSHB 1 - (consideration continued)

Amendment No. 54

Representative M. White offered the following amendment to CSHB 1:

Floor Packet Page No. 80

Amend CSHB 1 (house committee printing) in Article II of the bill, following the appropriations to the Department of State Health Services, in Rider 56, Funding for Abstinence Sexual Education (page II-66), between the first and second paragraphs, by inserting the following:

Funds appropriated in Strategy A.3.3, Abstinence Education, must be used to implement sexual education programs that comply with the components of the abstinence education program under Section 510(b)(2), Social Security Act (42 U.S.C. Section 710(b)).

Amendment No. 55

Representative M. White offered the following amendment to Amendment No. 54:

Amend the M. White amendment on page 80 of the packet as follows:

In Article II of the bill, following the appropriations to the Department of State Health Services, in Rider 56, Funding for Abstinence Sexual Education (page II-66), between the first and second paragraphs, insert the following:

Funds appropriated in Strategy A.3.3, Abstinence Education, must be used to implement sexual education programs that must comply with each of the A-H components of the abstinence education program under Section 510(b)(2), Social Security Act (42 U.S.C. Section 710(b)).

Amendment No. 55 was adopted. (Alonzo, Bernal, Blanco, Collier, S. Davis, Dukes, González, Israel, Johnson, Moody, Naishtat, Nevárez, J. Rodriguez, and C. Turner recorded voting no.)

Amendment No. 56

Representative C. Turner offered the following amendment to Amendment No. 54:

Amend Amendment No. 54 by M. White (page 80 of the prefiled amendments packet) as follows:

(1) On lines 4 and 5, strike "between the first and second paragraphs, by inserting the following" and substitute "by striking the period at the end of Subsection b of the rider and substituting".

(2) Strike lines 6 through 9 and substitute the following:

; and

c. Contain only information verified or supported by research that is:

1. conducted in compliance with accepted scientific methods;

2. published in peer-reviewed journals, if appropriate;

3. recognized as medically accurate, objective, and complete by mainstream professional organizations and agencies with expertise in the relevant field, including the federal Centers for Disease Control and Prevention and the United States Department of Health and Human Services; and

4. proven through rigorous, scientific evaluation to achieve positive outcomes on measures of sexual risk behavior or its health consequences.

Representative M. White moved to table Amendment No. 56.

The motion to table prevailed by (Record 123): 94 Yeas, 49 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Huberty; Hughes; Hunter; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf(C); Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dukes; Dutton; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker.

Absent, Excused — Lucio.

Absent — Faircloth; Isaac; Kacal; Keffer.

STATEMENTS OF VOTE

When Record No. 123 was taken, I was shown voting yes. I intended to vote no.

S. Davis

When Record No. 123 was taken, my vote failed to register. I would have voted yes.

Faircloth

When Record No. 123 was taken, I was in the house but away from my desk. I would have voted yes.

Kacal

Amendment No. 54, as amended, was adopted. (Allen, Alonzo, Alvarado, Bernal, Blanco, Collier, S. Davis, Dukes, Farrar, González, Howard, Israel, Johnson, Moody, Naishtat, Nevárez, J. Rodriguez, S. Thompson, and C. Turner recorded voting no.)

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).

CSHB 1 - (consideration continued)

Amendment No. 57

Representative Clardy offered the following amendment to CSHB 1:

Floor Packet Page No. 76

Amend CSHB 1 (house committee report) in Article II of the bill, following the bill pattern appropriations to the Department of State Health Services, by adding the following appropriately numbered rider:

____. Prohibition on Use of Appropriations for the Private Operation of a State Hospital. Funds appropriated by this Act to the Department of State Health Services may not, without approval from the Legislative Budget Board, be used:

(1) to solicit bids from a private entity for a private entity to operate a state hospital; or

(2) to pay a private entity to operate a state hospital.

Amendment No. 57 was withdrawn.

(Sheets in the chair)

Amendment No. 58

Representative Spitzer offered the following amendment to CSHB 1:

Floor Packet Page No. 69

Amend CSHB 1 as follows:

(1) On page II-44 of the bill pattern for the Department of State Health Services, reduce general revenue appropriations to Strategy A.2.2, HIV/STD Prevention, by $2,500,000 in fiscal year 2016 and by $2,500,000 in fiscal year 2017.

(2) On page II-44 of the bill pattern for the Department of State Health Services, increase general revenue appropriations to Strategy A.3.3, Abstinence Education by $2,500,000 in fiscal year 2016 and by $2,500,000 in fiscal year 2017.

(3) Adjust the article totals and methods of financing accordingly.

Amendment No. 59

Representative Spitzer offered the following amendment to Amendment No. 58:

Amend Amendment No. 58 by Spitzer (page 69 of the prefiled amendment packet) as follows:

(1) On line 4 of the amendment, strike "$2,500,000" and substitute "$1,500,000".

(2) On line 5 of the amendment, strike "$2,500,000" and substitute "$1,500,000".

(3) On line 9 of the amendment, strike both instances of "2,500,000" and substitute for each "$1,500,000".

Amendment No. 59 was withdrawn.

Amendment No. 58 was withdrawn.

Amendment No. 60

Representative Howard offered the following amendment to CSHB 1:

Floor Packet Page No. 82

Amend CSHB 1 (house committee printing) in Article II of the bill following the appropriations to the Department of State Health Services (page II-68), in Rider 67 (Primary Health Care Services For Women - Unexpended Balance Authority) by:

(1) striking "$50,000,000" and substituting "$60,000,000" for the fiscal year ending August 31, 2016; and

(2) striking "$50,000,000" and substituting "$60,000,000" for the fiscal year ending August 31, 2017.

Amendment No. 60 was adopted. (C. Anderson, Bohac, Capriglione, Crownover, Fallon, Flynn, P. King, Laubenberg, Rinaldi, Shaheen, Simmons, Spitzer, Springer, J. White, and Wray recorded voting no.)

Amendment No. 61

Representative S. Davis offered the following amendment to CSHB 1:

Floor Packet Page No. 83

Amend CSHB 1 in Article II of the bill following the appropriations to the Department of State Health Services by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Allocation for HIV Medication for Certain Inmates in County Jails. (a) Out of the federal funds received under the federal Ryan White HIV/AIDS Program and appropriated to the department above in Strategy A.2.2, HIV/STD Prevention, the department shall allocate, for each year of the state fiscal biennium ending August 31, 2017, $896,400 for the purpose of providing HIV medication to outbound inmates in the Harris County jail.

(b) The department may not reduce the amount of money provided to Harris County under any other strategy in Goal A, Preparedness and Prevention, in order to provide the funds allocated under Subsection (a) of this section.

Amendment No. 61 was withdrawn.

Amendment No. 62

Representative Shaheen offered the following amendment to CSHB 1:

Floor Packet Page No. 85

Amend CSHB 1 on page II-70 of the Department of State Health Services bill pattern by adding the following new rider:

____. Funding for Local Mental Health Authorities Previously Served by NorthSTAR. It is the intent of the legislature that out of funds appropriated above in Goal B, Community Health Services, the Department of State Health Services (DSHS) shall, to the extent consistent with existing general law, calculate grant amounts for each local mental health authority that serves the seven counties previously served by NorthSTAR to not be lower than the mean per capita of all local mental health authorities. The mean shall be calculated using grant amounts from the most recent fiscal year.

(Elkins in the chair)

Amendment No. 62 was withdrawn.

Amendment No. 63

Representative Martinez offered the following amendment to CSHB 1:

Floor Packet Page No. 86

Amend CSHB 1 (house committee printing) in Article II of the bill, following the appropriations to the Department of State Health Services, by striking Subsection (b) of Rider No. 80, Contingency for Ebola Funds (page II-70), and substituting the following:

b. If DSHS receives federal funds related to ebola prevention, planning, or treatment under the HPP and PHEP programs, DSHS shall transfer an amount of general revenue equal to that of the federal funds received to Strategy A.1.1, Public Health Preparedness and Coordinated Services, Strategy A.3.1, Chronic Disease Prevention, and Strategy A.3.2, Reduce Use of Tobacco Products, to be spent on pediatric asthma management, adult potentially preventable hospitalizations, diabetes prevention and control, expanded tobacco prevention services, and funding for the Texas Emergency Medical Task Force.

Amendment No. 63 was adopted.

Amendment No. 64

Representative Walle offered the following amendment to CSHB 1:

Floor Packet Page No. 90

Amend CSHB 1 (house committee printing) as follows:

(1) In the Article II appropriations to the Health and Human Services Commission, increase the appropriations for the strategies under Goal B, Medicaid (pages II-71 and II-72), from which Medicaid Disproportionate Share Hospital (DSH) payments are made by $41,717,186 for the fiscal year ending August 31, 2016, and by $63,282,814 for the fiscal year ending August 31, 2017.

(2) In Article II of the bill, add the following appropriately numbered rider after the appropriations to the Health and Human Services Commission (page II-73):

____. Transitional Medicaid DSH and Related Payments. Out of funds appropriated above to the Health and Human Services Commission in Goal B, Medicaid, the Health and Human Services Commission may expend up to $41,717,186 in general revenue funds in fiscal year 2016 and $63,282,814 in general revenue funds in fiscal year 2017 to stabilize and improve Medicaid hospital payments, including by providing a portion of the non-federal share of Medicaid Disproportionate Share Hospital (DSH) payments or rate adjustments to recognize improvements in quality of patient care, the most appropriate use of care, and patient outcomes.

(3) In the Article V appropriations to the Department of Public Safety (page V-34), strike Strategy B.1.5, Recruitment, Retention and Support, and strike the appropriation for that strategy for each fiscal year of the biennium.

(4) Adjust totals and methods of financing appropriately.

Representative Price moved to table Amendment No. 64.

The motion to table prevailed by (Record 124): 100 Yeas, 43 Nays, 2 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guerra; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Dukes; Dutton; Farias; Farrar; Giddings; González; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

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

Absent, Excused — Lucio.

Absent — Alonzo; Davis, Y.; Reynolds.

Amendment No. 65

Representative Phelan offered the following amendment to CSHB 1:

Floor Packet Page No. 93

Amend CSHB 1 as follows:

(1) On page II-72 of the Health and Human Services Commission's bill pattern, increase the funds appropriated to Strategy D.2.2, Alternatives to Abortion by $3,350,000 in general revenue funds in fiscal year 2016 and $3,350,000 in general revenue funds in fiscal year 2017.

(2) On page I-52 of the Trusteed Programs within the Office of the Governor bill pattern, reduce the funds appropriated to Strategy C.1.3, Film and Music Marketing by $3,350,000 in general revenue funds in fiscal year 2016 and $3,350,000 in general revenue funds in fiscal year 2017.

(3) Adjust totals and methods of finance accordingly.

Amendment No. 66

Representative Phelan offered the following amendment to Amendment No. 65:

Amend Amendment No. 65 by Phelan (page 93 of the prefiled amendments packet) by striking Item (2) of the amendment and substituting the following:

(2) On page I-52 of the Trusteed Programs within the Office of the Governor bill pattern, reduce the general revenue appropriations to Strategy C.1.3, Film and Music Marketing, for the state fiscal year ending August 31, 2016, by $6,700,000.

(Speaker in the chair)

Amendment No. 66 was withdrawn.

Amendment No. 65 was withdrawn.

Amendment No. 67

Representative Walle offered the following amendment to CSHB 1:

Floor Packet Page No. 104

Amend CSHB 1 (house committee printing) in Article II of the bill, following the appropriations to the Health and Human Services Commission (page II-73), by adding the following appropriately numbered rider:

____. Claims Administrator Costs. (a) Out of funds appropriated above in Strategy B.3.1, Medicaid Contracts and Administration, the Health and Human Services Commission shall spend the amount necessary, not to exceed $44,600,157 in general revenue appropriations or $189,228,307 in appropriations from All Funds, during the state fiscal biennium ending August 31, 2017, to fund claims administrator costs, including costs necessary to ensure:

(1) the implementation of an electronic visit and verification system;

(2) compliance with federal law requirements relating to provider reenrollment;

(3) the employment of additional skilled professionals necessary to evaluate prior authorization requests;

(4) the implementation of management programs to ensure key metrics are met; and

(5) the payment of increased lease costs.

(b) Disbursement of funds under this rider is contingent upon the Health and Human Services Commission initiating any applicable statutorily required procurement processes, including any competitive bidding process that may be required, in order to fulfill the goals of this rider.

Amendment No. 67 was adopted. (C. Anderson, Flynn, P. King, Laubenberg, and Wray recorded voting no.)

Amendment No. 68

Representative Spitzer offered the following amendment to CSHB 1:

Floor Packet Page No. 69

Amend CSHB 1 as follows:

(1) On page II-44 of the bill pattern for the Department of State Health Services, reduce general revenue appropriations to Strategy A.2.2, HIV/STD Prevention, by $2,500,000 in fiscal year 2016 and by $2,500,000 in fiscal year 2017.

(2) On page II-44 of the bill pattern for the Department of State Health Services, increase general revenue appropriations to Strategy A.3.3, Abstinence Education by $2,500,000 in fiscal year 2016 and by $2,500,000 in fiscal year 2017.

(3) Adjust the article totals and methods of financing accordingly.

Amendment No. 69

Representative Spitzer offered the following amendment to Amendment No. 68:

Amend Amendment No. 68 by Spitzer (page 69 of the prefiled amendment packet) as follows:

(1) On line 4 of the amendment, strike "$2,500,000" and substitute "$1,500,000".

(2) On line 5 of the amendment, strike "$2,500,000" and substitute "$1,500,000".

(3) On line 9 of the amendment, strike both instances of "2,500,000" and substitute for each "$1,500,000".

(Speaker pro tempore in the chair)

Amendment No. 69 was adopted by (Record 125): 93 Yeas, 51 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.(C); Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; Villalba; White, J.; White, M.; Workman; Wray; Zedler.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu; Zerwas.

Present, not voting — Mr. Speaker.

Absent, Excused — Lucio.

Absent — King, K.; Phelan; VanDeaver.

STATEMENT OF VOTE

When Record No. 125 was taken, I was temporarily out of the house chamber. I would have voted yes.

Phelan

Amendment No. 70

Representative Dutton offered the following amendment to Amendment No. 68:

Amend amendment by Spitzer to CSHB 1 (page 69, prefiled amendments packet) by adding the following appropriately numbered item and renumbering subsequent items accordingly:

(____) On page II-44 of the bill pattern for the Department of State Health Services, none of the funds appropriated under Strategy A.3.3, Abstinence Education can be used in schools located in a county of less than 105,000 people bordering a county of greater than 2.38 million people according to the 2010 census.

Representative Spitzer moved to table Amendment No. 70.

The motion to table prevailed by (Record 126): 95 Yeas, 47 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.(C); Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Elkins; Faircloth; Fallon; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Farias; Farrar; Giddings; González; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker.

Absent, Excused — Lucio.

Absent — Farney; Guerra; King, K.; Murphy; Rose.

(Speaker in the chair)

Amendment No. 68, as amended, was adopted by (Record 127): 97 Yeas, 47 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Deshotel; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, S.; Davis, Y.; Dukes; Dutton; Farias; Farrar; Giddings; González; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio.

Absent — Alonzo; Guerra; Sheffield.

STATEMENTS OF VOTE

When Record No. 127 was taken, I was in the house but away from my desk. I would have voted no.

Alonzo

When Record No. 127 was taken, I was shown voting no. I intended to vote yes.

Herrero

Amendment No. 71

Representative Coleman offered the following amendment to CSHB 1:

Floor Packet Page No. 105

Amend CSHB 1 (house committee printing) in Article II of the bill immediately following the appropriations to the Health and Human Services Commission (page II-73) by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Preparing a Section 1115 Waiver for Medical Assistance Funding. It is the intent of the legislature that the Health and Human Services Commission negotiate with the secretary of the United States Centers for Medicare and Medicaid Services to prepare a Section 1115 Medicaid waiver. The goal of the waiver is to:

(1) use the funds appropriated above to maximize federal medical assistance funding, including by receiving that funding through a block grant, to provide Medicaid benefits to individuals whose annual household income is at or below 138 percent of the federal poverty level;

(2) provide the state with the flexibility to tailor Medicaid expansion and encourage the personal responsibility of Medicaid recipients through premium sharing and stipulations reducing the cost of emergency room care;

(3) protect currently insured residents of this state; and

(4) use the state's health care resources more effectively.

Amendment No. 72

Representative Coleman offered the following amendment to Amendment No. 71:

Amend Amendment No. 71 by Coleman to CSHB 1 (page 105 of the prefiled amendment packet) by striking the text of the amendment and substituting the following:

Amend CSHB 1 (house committee printing) in Article II of the bill following the Special Provisions Relating to All Health and Human Service Agencies (page II-73) by adding the following appropriately numbered rider:

Preparing a Block Grant Report. The Health and Human Services Commission shall develop a report that will explore how a block grant would be used to:

(1) expand health coverage to individuals whose annual household income is at or below 138 percent of the federal poverty level;

(2) encourage personal responsibility;

(3) premium sharing;

(4) reduce the cost of emergency room care;

(5) protect currently insured residents of this state; and

(6) use the state's health care resources more effectively.

This report shall be delivered to the governor, lieutenant governor and the legislature.

Amendment No. 72 was withdrawn.

Amendment No. 71 was withdrawn.

Amendment No. 73

Representative Coleman offered the following amendment to CSHB 1:

Floor Packet Page No. 109

Amend CSHB 1 (house committee printing) in Article II of the bill immediately following the appropriations to the Department of State Health Services by adding the following appropriately numbered provision and renumbering subsequent provisions accordingly:

____. Development and Expansion of Recovery-Focused Clubhouses. Out of money appropriated for Goal B, Community Health Services, the Department of State Health Services shall allocate at least $500,000 for each year of the state fiscal biennium beginning September 1, 2015, to develop and expand recovery-focused clubhouses for persons with mental illness.

Amendment No. 74

Representative Coleman offered the following amendment to Amendment No. 73:

Amend Amendment No. 73 by Coleman to CSHB 1 (page 109 of the prefiled amendment packet) by striking the text of the amendment and substituting the following:

Amend CSHB 1 (house committee printing) in Article II of the bill immediately following the appropriations to the Department of State Health Services by adding the following appropriately numbered provision and renumbering subsequent provisions accordingly:

____. Development and Expansion of Recovery-Focused Clubhouses. Out of money appropriated for Goal B, Community Health Services, the Department of State Health Services shall allocate at least $650,000 for each year of the state fiscal biennium beginning September 1, 2015, to develop and expand recovery-focused clubhouses for persons with mental illness.

Amendment No. 74 was adopted.

Amendment No. 73, as amended, was withdrawn.

Amendment No. 75

Representative Coleman offered the following amendment to CSHB 1:

Floor Packet Page No. 110

Amend CSHB 1 (house committee printing) in Article II of the bill immediately following the appropriations to the Health and Human Services Commission (page II-73) by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Contingency for Medicaid Waiver Expiration. In the event the Health and Human Services Commission does not obtain an extension or renewal of the uncompensated care pool provisions of the Texas Health Care Transformation and Quality Improvement Program Waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315), it is the intent of the legislature that the Health and Human Services Commission shall develop a transition plan to distribute funds allocated above or otherwise make payments using funds allocated above to offset the costs of uncompensated care with the goals of: (1) carving out hospital payments from Medicaid capitation rates paid to Medicaid managed care organizations, (2) reimbursing hospital inpatient and outpatient rates under existing Medicaid fee-for-service schedules and rates, and (3) making appropriate modifications to other hospital payments provided under the Texas Health Care Transformation and Quality Improvement Program Waiver. It is the intent of the legislature that the Health and Human Services Commission report the transition plan to the governor and the Legislative Budget Board and adopt rules necessary for implementing the transition plan, implementing the hospital carve out described above, restoring federal supplemental payments to hospitals, and maintaining the pay-for-performance and quality incentives of the current managed care delivery system.

Amendment No. 75 was adopted. (C. Anderson, R. Anderson, Capriglione, Fallon, Flynn, P. King, Laubenberg, Rinaldi, Schofield, and Wray recorded voting no.)

Amendment No. 76

Representative Coleman offered the following amendment to CSHB 1:

Floor Packet Page No. 111

Amend CSHB 1 (house committee printing) in Article II of the bill immediately following the appropriations to the Health and Human Services Commission (page II-73) by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Preparing a Waiver for State Innovation. It is the intent of the legislature that the Health and Human Services Commission negotiate with the secretary of the United States Department of Health and Human Services and other appropriate federal agencies as soon as practicable to prepare a waiver for state innovation issued under Section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. Section 18052) effective January 1, 2017. The goal of the negotiation is to prepare waiver to use the funds appropriated above for the fiscal year ending August 31, 2017, to maximize federal funding, including funding through a block grant, to promote personal responsibility with respect to health care, reduce the number of uninsured residents, protect currently insured residents, and reduce health care costs.

Amendment No. 77

Representative Coleman offered the following amendment to Amendment No. 76:

Amend Amendment No. 76 by Coleman to CSHB 1 (page 111 of the prefiled amendment packet) by striking the text of the amendment and substituting the following:

Amend CSHB 1 (house committee printing) in Article II of the bill following the Special Provisions Relating to All Health and Human Service Agencies (page II-73) by adding the following appropriately numbered rider:

____. Preparing a Report on a Waiver for State Innovation. The Health and Human Services Commission shall prepare a report on how a waiver for state innovation issued under Section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. Section 18052) effective January 1, 2017 could work, if the Affordable Care Act has not been repealed. A Waiver for State Innovation can include waiving of several provisions of the Affordable Care Act including:

(1) the employer mandate;

(2) the individual mandate;

(3) essential health benefits;

(4) premium tax credits;

(5) cost sharing reductions;

(6) exchanges; and

(7) Qualified Health Plans.

The goal in preparing the report will be to explore:

(1) maximize federal funding;

(2) funding through a block grant;

(3) promote personal responsibility;

(4) reduce the number of uninsured residents;

(5) protect currently insured residents; and

(6) reduce health care costs.

This report shall be delivered to the governor, lieutenant governor and the legislature.

Amendment No. 77 was withdrawn.

Amendment No. 76 was withdrawn.

Amendment No. 78

Representative Muñoz offered the following amendment to CSHB 1:

Floor Packet Page No. 112

Amend CSHB 1 (house committee printing) in Article II of the bill immediately following the appropriations to the Health and Human Services Commission (page II-73) by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Restriction on Use of Certain Payments under Medicaid and Child Health Plan Programs. It is the intent of the legislature that the Health and Human Services Commission ensure that a managed care organization that receives an increased Medicaid or child health plan program capitation payment from money appropriated under Goal B, Medicaid, or Goal C, Children's Health Insurance Program Services, for purposes of accounting for the health insurance providers fee imposed under Section 9010 of the federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152), and the associated effects of that fee on federal incomes taxes, uses the amount of the increase only to provide child health care and mental health care services to enrollees in the organization's managed care plan under the respective programs.

Amendment No. 79

Representative Muñoz offered the following amendment to Amendment No. 78:

Amend Amendment No. 78 to CSHB 1 by Muñoz (prefiled amendment packet, page 112) by striking lines 6-20 and substituting the following:

____. Report to Legislature on Certain Payments under Medicaid and Child Health Plan Programs. It is the intent of the legislature that, not later than December 1, 2015, the Health and Human Services Commission prepare and submit a report to the legislature on the benefits and disadvantages to this state of increasing Medicaid or child health plan program capitation payments to managed care organizations using money appropriated under Goal B, Medicaid, or Goal C, Children's Health Insurance Program Services, for purposes of accounting for the health insurance providers fee imposed under Section 9010 of the federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152), and the associated effects of that fee on federal incomes taxes.

Amendment No. 79 was adopted.

Amendment No. 78, as amended, was adopted. (Fallon, Rinaldi, and Wray recorded voting no.)

Amendment No. 80

Representative Muñoz offered the following amendment to CSHB 1:

Floor Packet Page No. 113

Amend CSHB 1 (house committee printing) in Article II of the bill immediately following the appropriations to the Health and Human Services Commission (page II-73) by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Transparency in Medicaid and CHIP Rate-setting Process. The Health and Human Services Commission may not spend any of the funds appropriated in this Act to the commission for purposes of Goal B, Medicaid, or Goal C, CHIP Services, unless the commission, using money appropriated by this Act, ensures the transparency of the premium payment rate-setting process for the payment of premiums under the Medicaid and CHIP managed care programs by publishing actuarial reports. It is the intent of the legislature that the actuarial reports satisfy the following requirements:

a. A report must be in a format that allows for tracing data and formulas across attachments, exhibits, and examples.

b. A report must clearly identify and describe the methodology by which the executive commissioner of the Health and Human Services Commission set the payment rates, the data sources used, the components of the process that are assumptions and how the assumptions are developed, multipliers and factors used throughout the reports, including the source and purpose of the multipliers and factors, and the methodology by which the executive commissioner determined that the rates are actuarially sound for the populations covered and the services provided.

Amendment No. 80 was withdrawn.

Amendment No. 81

Representative Muñoz offered the following amendment to CSHB 1:

Floor Packet Page No. 114

Amend CSHB 1 in Article II of the bill, following the appropriations to the Health and Human Services Commission (page II-73), by adding the following appropriately numbered rider:

____. Identification and Implementation of Cost Containment Initiatives. It is the intent of the legislature that the Health and Human Services Commission:

(1) identify and implement potential cost containment initiatives throughout the health and human services system, including initiatives that consolidate duplicative functions and, to the extent permitted by any existing contract, transfer operations performed by private contractors that may be more cost-effectively performed by a health and human services agency; and

(2) on or before the 45th day of the fiscal year beginning September 1, 2015, and on or before the 45th day of the fiscal year beginning September 1, 2016, submit a written report regarding cost containment initiatives identified and implemented under Subdivision (1) and any additional initiatives, including initiatives requiring potential legislation, the Health and Human Services Commission recommends implementing to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and each standing committee of the senate and house of representatives having primary jurisdiction over matters relating to health or human services in this state.

Amendment No. 81 was withdrawn.

Amendment No. 82

Representative Howard offered the following amendment to CSHB 1:

Floor Packet Page No. 115

Amend CSHB 1 (house committee printing) in Article II of the bill, following the appropriations to the Health and Human Services Commission, by amending Rider No. 42, Texas Women's Health Program: Savings and Performance Reporting (page II-89), as follows:

(1) In section (c) of the rider, after ";", strike "and".

(2) In section (d) of the rider, strike the period and substitute ", not to include duplications of providers or ancillary providers; and".

(3) Immediately following section (d) of the rider, insert the following:

e. the average and median numbers of program clients per provider.

Amendment No. 82 was adopted. (C. Anderson, Capriglione, Fallon, Flynn, P. King, Laubenberg, Rinaldi, Simmons, Springer, and Wray recorded voting no.)

Amendment No. 83

Representative Guillen offered the following amendment to CSHB 1:

Floor Packet Page No. 117

Amend CSHB 1 by adding the following:

On page II-95 of the Health and Human Services Commission bill pattern add the following new rider:

____. DMO's in Texas Medicaid Program. Out of funds appropriated above, the Health and Human Services Commission shall evaluate and assess the appropriate number of dental managed care organizations (DMOs) in the Texas Medicaid program. In its evaluation it shall look at the number of dental providers participating in the program and the impact on accessibility to treatment by enrollees. HHSC shall maintain a minimum of three DMOs to increase dental provider participation and enrollee access to services by September 1, 2016.

Amendment No. 83 was withdrawn.

Amendment No. 84

Representatives Zerwas, Raymond, and S. Davis offered the following amendment to CSHB 1:

Floor Packet Page No. 119

Amend CSHB 1, under the Health and Human Services Commission bill pattern, beginning on page XX, with the following:

Texas Medicaid and Texas Diabetes Council. Out of funds appropriated above, and as the state Medicaid operating agency, the Health and Human Services Commission (HHSC) should identify efficiencies across agencies to integrate systems of care and work jointly with the Texas Diabetes Council (TDC) to: 1) improve screening rates for Medicaid patients at risk for diabetes; and 2) increase enrollment in diabetes self-management education (DSME) programs for those Medicaid patients diagnosed with diabetes. The results, including limitations, improvements made, and recommendations on these two issues, will be included in a report by HHSC in consultation with TDC. The report is due to the legislature and governor by August 31, 2016.

Amendment No. 84 was adopted.

Amendment No. 85

Representative C. Turner offered the following amendment to CSHB 1:

Floor Packet Page No. 120

Amend CSHB 1, in Article II of the bill, by inserting the following appropriately numbered rider following the appropriations to the Health and Human Services Commission (page II-95):

____. Contingency for HB 817. Contingent on HB 817 or similar legislation being enacted by the Eighty-Fourth Legislature, or from a rule or policy established by the Health and Human Services Commission, the agency shall, out of funds appropriated above, appropriate the necessary funds for the purposes pursuant to the provisions of the legislation.

Amendment No. 85 was withdrawn.

Amendment No. 86

Representative G. Bonnen offered the following amendment to CSHB 1:

Floor Packet Page No. 121

Amend CSHB 1 as follows:

(1) On page II-95 of the Health and Human Services Commission's bill pattern, add the following rider:

Rider ____. Therapy Services. Out of funds appropriated above, the Health and Human Services Commission shall reform reimbursement methodology to be in line with industry standards, policies, and utilization for acute care therapy services to achieve savings in the Medicaid program, using the findings from the 2015 report by the Commission, Review of Texas Medicaid Acute Care Therapy Programs.

Amendment No. 87

Representative G. Bonnen offered the following amendment to Amendment No. 86:

Amend Amendment No. 86 by G. Bonnen to CSHB 1 (page 121 of the prefiled amendments packet) by striking the last two lines of the amendment and substituting the following:

program, using findings including, but not limited to, the findings of the 2015 report by the commission entitled "Review of Texas Medicaid Acute Care Therapy Programs."

Amendment No. 87 was adopted.

Amendment No. 88

Representative Zerwas offered the following amendment to Amendment No. 86:

Amend Amendment No. 86 to CSHB 1 by G. Bonnen (page 121, prefiled amendments packet), at the end of the rider added by that amendment, by adding the following:

The commission shall consider stakeholder input and access to care in reforming the reimbursement methodology.

Amendment No. 88 was adopted.

(Morrison in the chair)

Amendment No. 86, as amended, was adopted. (Moody recorded voting no.)

Amendment No. 89

Representative G. Bonnen offered the following amendment to CSHB 1:

Floor Packet Page No. 122

In the appropriate space provided after the listing of strategies for CSHB 1, Article II, Health and Human Services Commission, insert the following rider:

Amounts appropriated above in Goal B, Medicaid, include $460,000,000 in general revenue funds and $1,096,000 in All Funds to provide increases to reimbursement rates to the Medicare level for primary care providers, OB/GYNs, neurologists, and psychiatrists.

Amendment No. 90

Representative G. Bonnen offered the following amendment to Amendment No. 89:

Amend the amendment by G. Bonnen on page 122 of the amendment packet, as follows:

Of the aAmounts appropriated above in Goal B, Medicaid, ~~include~~ $460,000,000 in general revenue funds and $1,096,000,000 in All Funds is appropriated to provide increases to reimbursement rates ~~to the Medicare level~~ for primary care providers, OB/GYN's, neurologists, and psychiatrists.

Amendment No. 90 was adopted.

Amendment No. 89, as amended, was withdrawn.

Amendment No. 91

Representative Burkett offered the following amendment to CSHB 1:

Floor Packet Page No. 123

Amend CSHB 1 in Article II, following the appropriations to the Health and Human Services Commission, by inserting the following appropriately numbered contingent rider:

____. Contingent rider: Money for peer specialists, peer services, and the provision of those services. (a) This rider is contingent on the enactment of HB 1541 or similar legislation by the 84th Legislature, Regular Session, 2015, that becomes law.

(b) It is the intent of the legislature that, out of the money appropriated above to the Health and Human Services Commission in Strategy B.1.2. MEDICAID DISABILITY-RELATED ELIGIBILITY GROUP, the commission allocate $1,607,438.00 for the state fiscal biennium beginning September 1, 2015, for the purpose of establishing certified peer specialists as approved providers of peer services under the Medicaid program.

Amendment No. 91 was withdrawn.

Amendment No. 92

Representatives S. Davis and Raymond offered the following amendment to CSHB 1:

Floor Packet Page No. 124

Amend CSHB 1 in Article II in Strategy B.1.1. as follows:

The Texas Health and Human Services Commission shall report, no later than September 1, 2015 and October 15, 2016, all specific and projected program expenditures for Star+Plus to the lieutenant governor, speaker of the house, Legislative Budget Board members, Texas Health and Human Services Committee members, and the Texas Human Services Committee members. The expenditures will include a FY 2016 budgetary expenditures and estimated expenditures for each program in Star+Plus and projected expenditures for FY 2017.

Amendment No. 92 was adopted.

Amendment No. 93

Representative Zerwas offered the following amendment to CSHB 1:

Floor Packet Page No. 125

Amend CSHB 1, Article II, as follows:

Sec. ____. Texas Medicaid Wellness Program. Out of funds appropriated above in Goal B, Medicaid, the Health and Human Services Commission shall develop and implement a biometric wellness screening program to help identify at-risk patients in the Texas Medicaid program to improve health quality and outcomes, in accordance with Government Code, Section 531.0981. The Commission shall provide biometric wellness screenings to at least twenty-five percent of the Texas Medicaid population. The Commission shall select the vendor(s) to provide the biometric wellness screening services through a competitive procurement process. The Commission shall analyze data relating to the provision of those screening services to demonstrate the cost effectiveness for statewide implementation and submit findings to the governor and the Legislative Budget Board on or before August 31, 2016.

Amendment No. 93 was withdrawn.

Amendment No. 94

Representative Zerwas offered the following amendment to CSHB 1:

Floor Packet Page No. 126

On page ____ of the Health and Human Services Commission bill pattern, add the following new rider:

____. Level of Need for Behavioral Stabilization Care. Out of funds above in Goal B, Medicaid, the Health and Human Services Commission shall automatically assign a LON 6 or 9 rate for private providers delivering behavioral stabilization care for individuals with behavioral challenge issues preventing them from remaining in their current treatment setting which allows them to return to their original facility in a community based ICF/IID unit.

Amendment No. 94 was withdrawn.

Amendment No. 95

Representative Zerwas offered the following amendment to CSHB 1:

Floor Packet Page No. 127

Amend CSHB 1 as follows:

On page XI-XX, under "the Commission on Health and Human Services", add the following new item:

____ Contingency for HB 3077. Contingent on the enactment of HB 3077 or similar legislation by the Eighty-Fourth Legislature, Regular Session, the Commission on Health and Human Services is appropriated $28 million in general revenue to provide supplemental funding of emergency air ambulance services.

Amendment No. 95 was withdrawn.

Amendment No. 96

Representative Zerwas offered the following amendment to CSHB 1:

Floor Packet Page No. 128

Add to Article II, Special Provisions, the following rider:

Sec. ____. Calculation of Reimbursement Rates for Services Provided in the Home and Community-Based Services Waiver. It is the intent of the legislature that for the purposes of calculations incorporated in the Health and Human Services Commission (HHSC) Consolidated Budget for Fiscal Years 2018-19 utilize an incentive factor for Supervised Living/Residential Support Services (SL/RSS) and Day Habilitation (DH) services provided in Strategy A.3.2, Home and Community-Based Services similar to other Department of Aging and Disability Services programs that incur capital expenses such as Strategies A.6.1, Nursing Facility Payments and A.7.1, Intermediate Care Facilities-IID. This would result in the use of a seven percent incentive factor for SL/RSS and DH.

Amendment No. 96 was withdrawn.

Amendment No. 97

Representative Coleman offered the following amendment to CSHB 1:

Floor Packet Page No. 129

Amend CSHB 1 (house committee printing) in Article II of the bill on page II-119 under "Special Provision Relating to All Health and Human Service Agencies" by adding the following rider:

____. Limitation of Appropriated Funds: an agency may use funds appropriated by this Act to implement management actions which defund or alter programs in a manner inconsistent with the funding considerations when the funds were appropriated without the enactment of specific legislation by the Eighty-Fourth Legislature, Regular Session only after a written request to the Legislative Budget Board has been approved.

Amendment No. 97 - Point of Order

Representative Geren raised a point of order against further consideration of Amendment No. 97 under Rule 8, Section 4 of the House Rules on the grounds that the amendment would change general law.

The chair sustained the point of order and submitted the following statement:

Representative Geren raised a point of order against further consideration of Amendment No. 97 under Rule 8, Section 4 of the House Rules on the grounds that the amendment would change general law. The point of order is sustained.

Under Rule 8, Section 4 of the House Rules, "A general law may not be changed by the provisions in an appropriations bill." Explanatory note 2 to Rule 8, Section 4 of the House Rules states further that "a rider to an appropriations bill may detail, restrict, or limit the expenditure of appropriated funds, but may not enact or amend general law." The amendment by Representative Coleman would have required the Legislative Budget Board's approval before "an agency may use funds appropriated to implement management actions which defund or alter programs in a manner inconsistent with the funding considerations, when the funds were appropriated without the enactment of specific legislation by the Eighty-Fourth Legislature, Regular Session." In this instance, the amendment would have given ambiguous and unspecified actors within a Health and Human Services agency the authority to use appropriated funds in order to implement management actions under certain circumstances. Furthermore, this amendment's provision regarding the limitation of appropriated funds without prior approval under authority already granted under Chapter 531 of the Government Code is in violation of general law. See TEX. GOV'T CODE ANN. §§ 531.005, .0055(e)(1) (West 2003). Because the amendment would have impermissibly effected a change in general law, the point of order is sustained. See id.; Rule 8, Section 4 of the House Rules; 83 H.J. Reg. 1351-1352 (2013) (Cortez point of order on Amendment No. 158); 83 H.J. Reg. 1360-1361 (2013) (C. Turner point of order on Amendment No. 175).

The ruling precluded further consideration of Amendment No. 97.

Amendment No. 98

Representative Giddings offered the following amendment to CSHB 1:

Floor Packet Page No. 130

Amend CSHB 1 (house committee report) in Article II of the bill, immediately following the appropriations to the Health and Human Services Commission, by adding the following appropriately numbered rider and renumbering subsequent riders appropriately:

____. Health Homes and Health Teams: Amendment to State Medicaid Plan. (a) It is the intent of the legislature that using funds appropriated above in Strategy B.3.1, Medicaid Contracts and Administration (page II-72), the Health and Human Services Commission seek to amend the Medicaid state plan amendment under Section 1945, Social Security Act (42 U.S.C. Section 1396w-4), to authorize Medicaid reimbursement for patient-centered health home services rendered by health teams designated as providers by individuals who are eligible for services under that section and also for benefits under the existing state Medicaid program. Additionally, it is the intent of the legislature that among this eligible population, persons who are homeless, at risk of homelessness, residents of permanent supportive housing or recognized as high-users of emergency care services be given specific consideration in the design and outreach of the state plan amendment authorized under this subsection.

(b) Contingent on federal approval of a state plan amendment under Subsection (a) of this section and the prior written approval from the governor and the Legislative Budget Board, the Health and Human Services Commission may use funds appropriated above in Strategy B.1.2, Disability-related Eligibility Group (page II-71), to provide services under the state plan amendment.

(c) To request approval under Subsection (b) of this section, the Health and Human Services Commission shall submit a written request to the governor and the Legislative Budget Board, and provide a copy of the request to the comptroller. The request must include:

(1) a copy of the federal approval of the state plan amendment authorized under Subsection (a) of this section;

(2) the estimated number of health teams that will provide services;

(3) the estimated fiscal impact for each fiscal year of the fiscal biennium beginning September 1, 2015, including the impact on methods of finance the implementation of the amendment will have on services and providers in the Medicaid program, including any projected savings anticipated from implementation of the amendment; and

(4) an estimate of provider performance levels and, where relevant, a comparison to performance targets specified in this Act.

(d) The Legislative Budget Board shall review a request submitted under Subsection (c) of this section and deliver the board's analysis to the governor, the lieutenant governor, the chair of the House Appropriations Committee, the chair of the Senate Finance Committee, and the speaker of the house of representatives. A request is considered approved unless the board or the governor issues a written disapproval not later than the 15th business day after the date the board delivers its analysis under this subsection.

Amendment No. 98 was withdrawn.

Amendment No. 99

Representative Y. Davis offered the following amendment to CSHB 1:

Floor Packet Page No. 66

Amend CSHB 1 (house committee printing) by adding the following appropriately numbered provision under the Article II appropriations to the Department of State Health Services (page II-43):

____. Restriction on Changes to NorthSTAR Behavioral Health Program. The Department of State Health Services may not spend money appropriated to the department for the state fiscal biennium ending August 31, 2017, for implementation of a new behavioral health service delivery system in North Texas or to implement changes to the NorthSTAR Behavioral Health Program.

Amendment No. 100

Representative Y. Davis offered the following amendment to Amendment No. 99:

Amend the Y. Davis amendment to CSHB 1 in Article II of the bill pattern for the Department of State Health Services, by striking the language of the Amendment and substituting the following by adding on page II-70 the following appropriately numbered rider and renumbering subsequent riders accordingly:

____: NorthSTAR Transition to New Model. Contingent legislation directing the Department of State Health Services (DSHS) or HHSC to implement a new behavioral health model in north Texas, it is the intent of the legislature that the NorthSTAR system continue through the end of the fiscal year 2017 in order to allow for a more orderly transition to the new model.

(Speaker pro tempore in the chair)

Amendment No. 100 was adopted.

Amendment No. 99, as amended, was withdrawn.

Amendment No. 101

Representative Crownover offered the following amendment to CSHB 1:

Floor Packet Page No. 139

Amend CSHB 1 as follows:

(1) On page III-1, increase the number of full-time equivalents (FTE) by 3 in each fiscal year.

(2) On page III-10, modify the following rider:

23. Communities In Schools. Out of funds appropriated above for Strategy A.2.4, School Improvement and Support Programs, $15,521,816 in general revenue and $4,842,342 in TANF funds in fiscal year 2016 and $15,521,816 in general revenue and $4,842,342 in TANF funds in fiscal year 2017 is allocated for the Communities In Schools program.

Notwithstanding any other limitation imposed elsewhere in this Act, the Texas Education Agency may transfer general revenue funds identified above and appropriated for the purpose of providing grants under the Communities In Schools program to Strategies B.3.2-B.3.5 for the purpose of providing administrative support for the program. Transfers made under the authority of this rider may not exceed $100,000 for the 2016-17 biennium. TANF funds may be expended for administrative purposes in accordance with the applicable limitations of the TANF state plan.

It is the intent of the legislature that the Texas Education Agency fully utilize three FTEs employed by the agency for the purposes of providing expanded administrative services of the Communities In Schools program in the most efficient and effective manner possible to ensure the maximum level of service and support to each local Communities In Schools program and in full cooperation with Communities In Schools, Inc. consistent with Texas Education Code, §33.155 and other applicable law.

Any unexpended balances as of August 31, 2016 are hereby appropriated to fiscal year 2017 for the same purpose.

Amendment No. 101 was adopted. (Fallon, Rinaldi, Shaheen, Spitzer, and Wray recorded voting no.)

Amendment No. 102

Representative E. Rodriguez offered the following amendment to CSHB 1:

Floor Packet Page No. 140

Amend CSHB 1 (house committee report) as follows:

(1) In Article III of the bill (page III-2), increase the appropriation to the Texas Education Agency for Strategy A.2.1., Statewide Educational Programs, by $500,000 for the fiscal year ending August 31, 2016, and $500,000 for the fiscal year ending August 31, 2017.

(2) In Article III of the bill, following the appropriations to the Texas Education Agency in Rider 51, Early College High School and T-STEM (page III-16), strike "$3,000,000" each place it appears and substitute "$3,500,000".

(3) In Article X of the bill (page X-1), reduce the appropriation to the Senate for Strategy A.1.1., Senate, by $250,000 for the fiscal year ending August 31, 2016, and $250,000 for the fiscal year ending August 31, 2017.

(4) In Article X of the bill (page X-2), reduce the appropriation to the House of Representatives for Strategy A.1.1., House of Representatives, by $250,000 for the fiscal year ending August 31, 2016, and $250,000 for the fiscal year ending August 31, 2017.

(5) Adjust totals and methods of financing accordingly.

Amendment No. 102 was withdrawn.

Amendment No. 103

Representative Giddings offered the following amendment to CSHB 1:

Floor Packet Page No. 141

Amend CSHB 1 (house committee printing) as follows:

(1) In Article III of the bill, following the appropriations to the Texas Education Agency, amend Rider 32, Recorded Instructional Materials, (page III-11), in the first paragraph, by striking the words "an amount not to exceed".

(2) In Article III of the bill, following the appropriations to the Texas Education Agency, amend Rider 32, Recorded Instructional Materials, (page III-12), in the second paragraph, by striking the words "an amount not to exceed".

Amendment No. 103 was adopted. (Flynn, P. King, Laubenberg, Shaheen, Simmons, Spitzer, Springer, and J. White recorded voting no.)

Amendment No. 104

Representative E. Rodriguez offered the following amendment to CSHB 1:

Floor Packet Page No. 143

Amend CSHB 1 (house committee printing) in Article III of the bill, following the appropriations to the Texas Education Agency, in Rider No. 51, Early College High School and T-STEM (page III-16), immediately following the first sentence, by inserting "At least $500,000 of the $3,000,000 allocated in each state fiscal year must be allocated primarily to support STEM-focused early college high schools."

Amendment No. 104 was withdrawn.

Amendment No. 105

Representative Giddings offered the following amendment to CSHB 1:

Floor Packet Page No. 144

Amend CSHB 1 (house committee report) in Rider 50, Teach for America, following the Article III appropriations to the Texas Education Agency (page III-16) by adding the following paragraph:

Not later than November 1 of each fiscal year of the biennium, Teach for America shall submit a yearly accountability report to the Commissioner of Education outlining the use of the funds provided under this section. The accountability report must identify:

(1) the number of Teach for America teachers in the state who:

(A) are still employed at a campus in the school district to which the teacher was assigned while serving as a Teach for America teacher after the first and second years of employment, including the job title of each individual, and the school district and campus in which the individual is employed;

(B) are employed at charter schools, organized by the geographic location of the teacher's Teach for America assignment in the state;

(C) were recruited in the state for Teach for America and who are assigned and currently teaching at a campus in the state, organized by the geographic location of the teacher's Teach for America assignment in the state; and

(D) are bilingual and state the languages spoken by the teacher; and

(2) the ethnicity of all Teach for America teachers in the state, organized by the geographic location of the teacher's Teach for America assignment in the state.

Amendment No. 105 was withdrawn.

Amendment No. 106

Representatives Howard and J. Rodriguez offered the following amendment to CSHB 1:

Floor Packet Page No. 145

Amend CSHB 1 as follows:

(1) On page III-18, amend the following rider:

66. Foundation School Program Funds for Improving Equity, Reducing Recapture, and Increasing State Share. Included in amounts appropriated above in Strategy A.1.1., FSP - Equalized Operations, is $1,108,100,000 in each fiscal year of the 2016-17 biennium out of the Foundation School Fund No. 193 to be allocated to school districts and charter schools through formula or other changes to the Foundation School Program to be determined by the Eighty-Fourth Legislature for the purposes of improving equity, reducing recapture, and increasing the state share of the Foundation School Program.

Contingent on the enactment of legislation related to expansion of or increasing quality standards for prekindergarten programs and modification of the Foundation School Program entitlement formula to incorporate such legislation by the Eighty-Fourth Legislature, Regular Session, and from amounts appropriated above and directed by this rider, the Texas Education Agency shall allocate $1,000,000 in fiscal year 2016 and $300,000,000 in fiscal year 2017 from the Foundation School Fund No. 193. This contingency is satisfied if the prekindergarten program established by the enacted legislation commences at any time during the 2016-17 biennium. The Texas Education Agency shall use the fiscal year 2016 appropriation to establish the administration of the program that is the subject of such legislation.

The Commissioner of Education shall determine the amount required to implement the provisions of the legislation in fiscal year 2017. In the event it is determined by the Commissioner that the amount required to implement the provisions of the legislation is less than $300,000,000 in fiscal year 2017, no later than June 1, 2016, the Commissioner of Education shall increase the basic allotment for fiscal year 2017 by the amount determined, in cooperation with the Legislative Budget Board, to be available within the excess appropriations allocated by this rider.

Amendment No. 107

Representatives Howard, Farney, Huberty, Ashby, Aycock, VanDeaver, González, and Johnson offered the following amendment to Amendment No. 106:

Strike Floor Amendment No. 106 by Howard to CSHB 1, (prefiled amendments packet, page 145) and replace it with the following amendment on page XI-7, under "Public Education, Texas Education Agency":

____. Contingent Appropriation for Prekindergarten Programs. Contingent on the enactment of legislation related to expansion of or increasing quality standards for prekindergarten programs with funding to be distributed on the basis of eligible prekindergarten students in average daily attendance by the Eighty-Fourth Legislature, Regular Session, the Texas Education Agency is appropriated $1,000,000 in fiscal year 2016 and $300,000,000 in fiscal year 2017 from the Foundation School Fund No. 193. This legislation takes effect if the prekindergarten program established by the enacted legislation commences at any time during the 2016-17 biennium. The Texas Education Agency shall use the fiscal year 2016 appropriation to establish the administration of the program that is the subject of such legislation.

Amendment No. 107 was adopted.

Amendment No. 106, as amended, was withdrawn.

Amendment No. 108

Representative E. Rodriguez offered the following amendment to CSHB 1:

Floor Packet Page No. 149

Amend CSHB 1 (house committee report) by adding the following appropriately numbered rider to the appropriations to the Texas Education Agency and renumbering subsequent riders of the bill accordingly:

____. (a) In addition to amounts appropriated to the Texas Education Agency for the Foundation School Program by this Act, and subject to the limitation prescribed by Subsection (c) of this section, the amount described by Subsection (b) of this section in the general revenue fund is appropriated to the Texas Education Agency for the state fiscal biennium beginning September 1, 2016, for the Foundation School Program under Chapter 42, Education Code.

(b) The amount appropriated by Subsection (a) of this section is the amount of money in the general revenue fund that exceeds the difference between the projected balance of the fund as of August 31, 2017, as stated in the comptroller's Biennial Revenue Estimate for 2016-2017, and the actual amount collected by the general fund.

(c) The amount appropriated by this section may not exceed the amount necessary to fund full day prekindergarten under the Foundation School Program for the state fiscal biennium beginning September 1, 2016.

Representative Ashby moved to table Amendment No. 108.

The motion to table prevailed by (Record 128): 97 Yeas, 47 Nays, 2 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, G.; Burkett; Burns; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Howard; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Dukes; Dutton; Farias; Farrar; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Israel; Johnson; Longoria; Lozano; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

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

Absent, Excused — Lucio.

Absent — Burrows; Muñoz.

STATEMENTS OF VOTE

When Record No. 128 was taken, I was in the house but away from my desk. I would have voted yes.

Burrows

When Record No. 128 was taken, I was temporarily out of the house chamber. I would have voted no.

Muñoz

Amendment No. 109

Representative Walle offered the following amendment to CSHB 1:

Floor Packet Page No. 154

Amend CSHB 1 (house committee printing) by adding the following appropriately numbered rider under the Article III appropriations to the Texas Education Agency (page III-3):

____. Contingent Appropriation: High Quality Prekindergarten Program Funding. Contingent on the passage and becoming law of HB 4 or similar legislation of the 84th Legislature, Regular Session, 2015, establishing a high quality prekindergarten program:

(1) the appropriations from the general revenue fund to the Department of Public Safety in Article V for Strategy B.1.5, Recruitment, Retention and Support, are reduced by the amount of $41,717,186 for the state fiscal year ending August 31, 2016, and by the amount of $63,282,814 for the state fiscal year ending August 31, 2017;

(2) the appropriations from the general revenue fund to the Texas Education Agency for Strategy B.1.1, Assessment and Accountability System, are reduced by the amount of $58,750,000 for the state fiscal year ending August 31, 2016, and by the amount of $58,750,000 for the state fiscal year ending August 31, 2017; and

(3) the amount of $222,500,000 is appropriated out of the general revenue fund to the Texas Education Agency for the state fiscal biennium beginning September 1, 2015, for the purpose of establishing a high quality prekindergarten program and ensuring all eligible students are able to participate in a program established in accordance with that legislation.

Amendment No. 110

Representative Walle offered the following amendment to Amendment No. 109:

Amend Amendment No. 109 to CSHB 1 by Walle (page 154 of the prefiled amendment packet) by striking the text of the amendment and substituting the following:

Amend CSHB 1 (house committee printing) under the Article XI provisions for the Texas Education Agency (page XI-6), in the provision for "High Quality Pre-K," by striking "$118,000,000" and substituting "$340,500,000".

Amendment No. 110 was adopted.

Representative Ashby moved to table Amendment No. 109, as amended.

The motion to table prevailed by (Record 129): 100 Yeas, 45 Nays, 2 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, G.; Burkett; Burns; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guerra; Harless; Howard; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Dukes; Farias; Farrar; Giddings; González; Guillen; Gutierrez; Hernandez; Herrero; Israel; Johnson; King, T.; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

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

Absent, Excused — Lucio.

Absent — Burrows.

STATEMENTS OF VOTE

When Record No. 129 was taken, I was in the house but away from my desk. I would have voted yes.

Burrows

When Record No. 129 was taken, I was shown voting yes. I intended to vote no.

Guerra

Amendment No. 111

Representative Coleman offered the following amendment to CSHB 1:

Floor Packet Page No. 155

Amend CSHB 1 (house committee printing) in Article III of the bill, following the appropriations to the Texas Education Agency, by adding the following appropriately numbered rider:

____. Reports Regarding Discrimination. Out of the funds appropriated above in Strategy B.1.1, Assessment and Accountability System, the Texas Education Agency shall allocate the amount necessary each fiscal year to collect data from school districts regarding any incident of alleged discrimination or harassment of a school district employee or student on the basis of the actual or perceived ethnicity, color, gender, gender identity or expression, sexual orientation, disability, religion, or national origin of the employee or student that occurs in each district during the state fiscal biennium beginning September 1, 2015. The agency shall include the information obtained under this rider in the comprehensive biennial report required by Section 39.332, Education Code.

Representative Ashby moved to table Amendment No. 111.

The motion to table prevailed by (Record 130): 97 Yeas, 49 Nays, 2 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Deshotel; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Price; Raney; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Dukes; Dutton; Farias; Farrar; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Howard; Israel; Johnson; King, T.; Longoria; Márquez; Martinez; Martinez Fischer; McClendon; Miles; Moody; Muñoz; Naishtat; Nevárez; Oliveira; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu.

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

Absent, Excused — Lucio.

Amendment No. 112

Representative Springer offered the following amendment to CSHB 1:

Floor Packet Page No. 156

Amend CSHB 1 in Article III of the bill, following the appropriations to the Texas Education Agency, by adding the following appropriately numbered rider to read as follows:

____. State Board for Educator Certification Funding Contingency. The appropriations made by this Act to the Texas Education Agency for Strategy B.3.3, State Board for Educator Certification, are contingent on the educator's code of ethics adopted under Section 21.041, Education Code, containing no provision that violates the Texas Constitution or other laws of this state. The State Board for Educator Certification may not spend any appropriated money for certification enforcement after the date the attorney general, in response to a request from a person with the authority to request an opinion, issues an opinion that a provision of the educator's code of ethics violates the Texas Constitution or other laws of this state.

Amendment No. 113

Representative Springer offered the following amendment to Amendment No. 112:

Amend CSHB 1 in Article III of the bill, by striking the original amendment and inserting the following the appropriations to the Texas Education Agency, by adding the following appropriately numbered rider to read as follows:

____. State Board for Educator Certification Funding Contingency. The appropriations made by this Act to the Texas Education Agency for Strategy B.3.3, State Board for Educator Certification, are contingent on the educator's code of ethics adopted under Section 21.041, Education Code, containing no provision that violates the Texas Constitution or other laws of this state.

Amendment No. 113 was adopted.

Amendment No. 112, as amended, was withdrawn.

Amendment No. 114

Representative Howard offered the following amendment to CSHB 1:

Floor Packet Page No. 157

Amend CSHB 1 (house committee report) in Article III of the bill, immediately following the appropriations to the Texas Education Agency, by adding the following appropriately numbered rider:

____. College Preparation Assessment Instruments. From funds appropriated above in Strategy B.1.1, Assessment and Accountability System, the commissioner of education shall allocate $7,000,000 in each fiscal year of the state fiscal biennium ending August 31, 2017, to pay costs associated with administering college preparation assessment instruments under Sections 39.0261(a)(1) and (2), Education Code.

Amendment No. 115

Representative Howard offered the following amendment to Amendment No. 114:

Strike Amendment No. 114 by Howard to CSHB 1, (prefiled amendments packet, page 157) and replace it with the following:

Amend CSHB 1 (house committee report) in Article III of the bill, immediately following the appropriations to the Texas Education Agency, by adding the following appropriately numbered rider:

____. Norm-Referenced Assessments. From general revenue funds appropriated above in Strategy B.1.1, Assessment and Accountability System, the Commissioner shall allocate up to $7,000,000 in each fiscal year of the 2016-17 biennium to pay costs associated with administering norm-referenced assessments for eighth and tenth graders. The allocation directed by this rider is subject to the availability of sufficient funding and secondary in priority to the agency's other appropriations directed in Strategy B.1.1., Assessment and Accountability System.

Amendment No. 115 was adopted.

Amendment No. 114, as amended, was adopted.

Amendment No. 116

Representative Moody offered the following amendment to CSHB 1:

Floor Packet Page No. 158

Amend CSHB 1 (house committee report) in Article III of the bill immediately following the appropriations to the Texas Education Agency by adding the following appropriately numbered rider:

____. Reasoning Mind. From funds appropriated above in Strategy B.2.1, Technology/Instructional Materials, the commissioner of education shall allocate $2,250,000 in each fiscal year of the state fiscal biennium ending August 31, 2017, to support the Reasoning Mind program. Any unexpended balances as of August 31, 2016, are appropriated for the same purpose for the fiscal year ending August 31, 2017.

Amendment No. 116 was withdrawn.

Amendment No. 117

Representative Farias offered the following amendment to CSHB 1:

Floor Packet Page No. 161

Amend CSHB 1 (house committee printing) in Article III of the bill, following the appropriations to the Texas Education Agency, by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Report on Fees Paid by Students of Open-Enrollment Charter Schools. Out of funds appropriated above, the Texas Education Agency shall annually collect information from each open-enrollment charter school concerning fees collected from students by the open-enrollment charter school under the authority of Section 12.108(b), Education Code, for the purpose of producing and submitting to the legislature an annual report that details the amount each open-enrollment charter school collects for each type of fee listed by Section 11.158(a), Education Code.

Amendment No. 117 was adopted. (Fallon, Flynn, P. King, Laubenberg, Rinaldi, and Wray recorded voting no.)

Amendment No. 118

Representative Farias offered the following amendment to CSHB 1:

Floor Packet Page No. 162

Amend CSHB 1 (house committee printing) in Article III of the bill, following the appropriations to the Texas Education Agency, by adding the following appropriately numbered rider and renumbering subsequent riders accordingly:

____. Report on Number of Charter School Students Who Do Not Complete a School Year. Out of funds appropriated above, the Texas Education Agency shall annually collect information from each open-enrollment charter school concerning the number of students enrolled in the charter school who do not complete the school year at the school.

Amendment No. 118 was adopted. (Fallon, Flynn, P. King, Laubenberg, Rinaldi, and Wray recorded voting no.)

Amendment No. 119