Sunday, May 28, 2017

EIGHTY-FOURTH DAY --- SUNDAY, MAY 28, 2017

The house met at 2:04 p.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 1959).

Present — Mr. Speaker(C); Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

The speaker recognized Representative Moody who offered the invocation.

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

(Roberts in the chair)

HR 2597 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2597, suspending the limitations on the conferees for SB 1462.

HR 2605 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2605, suspending the limitations on the conferees for SB 1913.

HR 2606 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2606, suspending the limitations on the conferees for SB 2244.

HR 2609 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2609, suspending the limitations on the conferees for SB 968.

HR 2610 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2610, suspending the limitations on the conferees for HB 555.

HR 2614 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2614, suspending the limitations on the conferees for SB 1731.

HR 2616 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2616, suspending the limitations on the conferees for SB 2065.

HR 2618 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2618, suspending the limitations on the conferees for HB 2445.

HR 2619 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2619, suspending the limitations on the conferees for SB 2014.

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).

HR 2611 - ADOPTED
(by T. King)

Representative T. King moved to suspend all necessary rules to take up and consider at this time HR 2611.

The motion prevailed.

The following resolution was laid before the house:

HR 2611, In memory of Alvin Clement Michalik of Rhineland.

HR 2611 was read and was unanimously adopted by a rising vote.

On motion of Representative Geren, the names of all the members of the house were added to HR 2611 as signers thereof.

HR 2608 - ADOPTED
(by T. King)

Representative T. King moved to suspend all necessary rules to take up and consider at this time HR 2608.

The motion prevailed.

The following resolution was laid before the house:

HR 2608, In memory of Ronald Richard Butts of Lubbock.

HR 2608 was read and was unanimously adopted by a rising vote.

On motion of Representative Geren, the names of all the members of the house were added to HR 2608 as signers thereof.

HR 2615 - ADOPTED
(by Pickett)

Representative Pickett moved to suspend all necessary rules to take up and consider at this time HR 2615.

The motion prevailed.

The following resolution was laid before the house:

HR 2615, Congratulating Josey Mitchell on her selection as the 2016-2017 Teacher of the Year at Coronado High School in El Paso.

HR 2615 was adopted.

RESOLUTIONS ADOPTED

Representative Kacal moved to suspend all necessary rules to take up and consider at this time the following congratulatory resolutions.

The motion prevailed.

The following resolutions were laid before the house:

HR 2357 (by Schofield), Congratulating Shannon Dresser of Katy on being crowned Miss Texas United States 2017.

HR 2358 (by Herrero), Congratulating Alyssa Lynn Olivarez, valedictorian of the Class of 2017 at Robstown Early College High School.

HR 2359 (by Herrero), Congratulating Mathew Hernandez, salutatorian of the Class of 2017 at Robstown Early College High School.

HR 2360 (by Herrero), Commemorating the establishment of the Del Mar College Center for Mexican-American Studies.

HR 2362 (by Cain), Honoring the La Porte Lions Club on the occasion of the 100th anniversary of the founding of Lions Clubs International.

HR 2363 (by Moody), Commending Miguel Escoto for his service as a legislative intern in the office of State Representative Joe Moody.

HR 2364 (by K. King), Congratulating the boys' track team of Valley High School in Turkey, Texas, on winning the 2017 UIL 1A state championship.

HR 2365 (by Moody), Commending Cara Campos for her service as a legislative intern in the office of State Representative Joe Moody.

HR 2367 (by Moody), Commending Emily Bresnahan for her service as a legislative aide in the office of State Representative Joe Moody and as an assistant clerk for the House Committee on Criminal Jurisprudence.

HR 2368 (by Frullo), Congratulating Dr. Mike Bennett on his retirement as headmaster of All Saints Episcopal School in Lubbock.

HR 2369 (by Moody), Commending Jori Reilly-Diakun for his service as a legal analyst and assistant clerk in the office of State Representative Joe Moody.

HR 2370 (by Moody), Commending Liliana Jayme for her service as a legislative intern in the office of State Representative Joe Moody.

HR 2372 (by Moody), Congratulating Jim and Joan McLaughlin of El Paso on their 65th wedding anniversary.

HR 2374 (by Kacal), Congratulating the Texas A&M University Corps of Cadets Marksmanship Unit on its success at the 2017 Scholastic Action Shooting Program national collegiate championship.

HR 2375 (by Turner), Commending Hira Saleem on her service as a legislative aide in the office of State Representative Chris Turner.

HR 2376 (by E. Rodriguez), Commending Brian Pounds for his service as a legislative aide in the office of State Representative Eddie Rodriguez.

HR 2377 (by E. Rodriguez), Commending Bailey Schumm on her service as a legislative aide in the office of State Representative Eddie Rodriguez.

HR 2378 (by E. Rodriguez), Commending Carlos Dinkel for his service as a legislative aide in the office of State Representative Eddie Rodriguez.

HR 2379 (by E. Rodriguez), Commending James Moore for his service as a legislative aide in the office of State Representative Eddie Rodriguez.

HR 2380 (by E. Rodriguez), Commending Genesis Murcia for her service as a legislative aide in the office of State Representative Eddie Rodriguez.

HR 2381 (by E. Rodriguez), Commending Jovahana Avila for her service as a legislative aide in the office of State Representative Eddie Rodriguez.

HR 2382 (by Herrero), Congratulating Caitlin Delaney Mitten, salutatorian of the Class of 2017 at Mary Carroll High School.

HR 2383 (by Herrero), Congratulating Adam Armendariz, valedictorian of the Class of 2017 at Mary Carroll High School.

HR 2384 (by Dean), Commending the House Business Office staff for its work during the 85th Legislative Session.

HR 2385 (by Oliverson), Recognizing the staff of the Texas Legislative Council.

HR 2386 (by Schubert), Commending the officers and staff of Region VII of the Texas Department of Public Safety for their work in protecting the Capitol Complex in Austin.

HR 2391 (by Schubert), Commending the Office of the House Sergeant-at-Arms for its work during the 85th Legislative Session.

HR 2392 (by Springer), Congratulating Jake Merrell of Valley High School in Turkey, Texas, on winning three gold medals at the 2017 UIL Track & Field State Meet.

HR 2393 (by Springer), Congratulating the boys' 4x200-meter relay team from Valley High School in Turkey, Texas, on winning the Class 1A state championship at the 2017 UIL Track & Field State Meet.

HR 2394 (by Springer), Congratulating Luvly Williams of Shamrock High School on winning the Class 1A girls' 100-meter dash at the 2017 UIL Track & Field State Meet.

HR 2395 (by Springer), Congratulating Chase Thompson of Rule High School on winning gold medals in the boys' 100-meter and 400-meter dash events at the 2017 UIL Track & Field State Meet.

HR 2396 (by Springer), Congratulating Landon Roberts of Guthrie High School on winning the gold medal in the 1A boys' pole vault event at the 2017 UIL Track & Field State Meet.

HR 2397 (by Springer), Congratulating Josh Wallace of Lindsay High School on winning the gold medal in the 2A boys' 300-meter hurdle event at the 2017 UIL Track & Field State Meet.

HR 2398 (by Isaac), Congratulating Carrie Isaac of Dripping Springs on graduating with a master's degree in health education from Kaplan University.

HR 2400 (by Vo), Commending the Chief Clerk's Office for its service during the 85th Legislative Session.

HR 2401 (by Howard), Honoring Ellen Fontana for her service as Capitol nurse practitioner.

HR 2402 (by Bernal), Recognizing the Legislative Budget Board for its work during the 85th Legislative Session.

HR 2405 (by Martinez and Guillen), Honoring Trinidad Martinez of San Antonio, one of the last living survivors of the Bataan Death March.

HR 2407 (by Huberty), Commending Jack Reed for his service as a clerk to the House Committee on Public Education.

HR 2408 (by Huberty), Commending Cody Wood for his service as an assistant committee clerk for the House Public Education Committee during the 85th Legislative Session.

HR 2410 (by R. Anderson), Congratulating Edna Joan Clark Miller of Arlington on her 80th birthday and on her retirement.

HR 2411 (by Herrero), Congratulating Natalie Murphy of Del Mar College on earning recognition at the Texas Intercollegiate Press Association 2017 spring convention.

HR 2412 (by Herrero), Congratulating Emily Jasso of Del Mar College on earning recognition at the Texas Intercollegiate Press Association 2017 spring convention.

HR 2413 (by White), Congratulating the members of the Prairie View A&M band who have been selected to perform with the 369th Experience World War I Centennial Band.

HR 2414 (by Herrero), Congratulating Scott Beckett on the success of his students at the Texas Intercollegiate Press Association 2017 spring convention.

HR 2415 (by Herrero), Congratulating Josselyn Obregon on earning recognition at the Texas Intercollegiate Press Association 2017 spring convention.

HR 2416 (by White), Congratulating Jeff Edward Frazier Sr. on the success of his Michael's Sermon series of novels.

HR 2417 (by Herrero), Congratulating Meagan Falcon on earning recognition at the Texas Intercollegiate Press Association 2017 spring convention.

HR 2418 (by Herrero), Congratulating Michelle Mirelez on earning recognition at the Texas Intercollegiate Press Association 2017 spring convention.

HR 2419 (by White), Commending John Daniel Hagan for his service as a legislative aide in the office of State Representative James White.

HR 2420 (by White), Commending Natalie Renee Smith for her service as constituent services coordinator in the office of State Representative James White.

HR 2421 (by White), Commending Jake Breault for his service as legislative director in the office of State Representative James White.

HR 2422 (by White), Commending Kari Pennington for her service as a policy analyst in the office of State Representative James White.

HR 2423 (by White), Commending Janis Reinken for her service as chief clerk and general counsel of the House Corrections Committee.

HR 2424 (by White), Commending Saul Mendoza for his service as chief of staff in the office of State Representative James White.

HR 2426 (by White), Congratulating athletes from House District 19 who competed at the 2017 UIL Track & Field State Meet.

HR 2427 (by Schofield), Congratulating Chuck Brawner on his election as mayor of Katy.

HR 2429 (by Cain), Honoring the Baytown Lions Club on the occasion of the 100th anniversary of the founding of Lions Clubs International.

HR 2430 (by Lozano), Commending the Taft Independent School District on its partnership with Code to the Future.

HR 2431 (by Kacal), Commending Cassidy Story for her service as a legislative aide in the office of State Representative Kyle Kacal.

HR 2432 (by Turner), Commending Ian Slingsby for his service as a legislative intern in the office of State Representative Chris Turner.

HR 2438 (by Schofield), Congratulating Sibyl Westenhaver on her selection as the 2017 Senior of the Year by the City of Katy.

HR 2439 (by Cain), Honoring the Crosby Lions Club on the occasion of the 100th anniversary of the founding of Lions Clubs International.

HR 2440 (by Turner), Commending Haley Entrop for her service as a legislative intern in the office of State Representative Chris Turner.

HR 2441 (by Turner), Commending Cheryl Hankamer for her service as a legislative aide in the office of State Representative Chris Turner.

HR 2442 (by Wray and Bohac), Honoring Travis Miller Griffin Sr., chief of staff for Representative Dwayne Bohac, for two decades of public service and political engagement.

HR 2443 (by Y. Davis), Congratulating the Reverend Keith W. Foster Sr. on his installation as pastor of Providence Baptist Church in Fort Worth.

HR 2444 (by González), Congratulating the members of the Americas High School Libertas Academy Class of 2017 on their graduation.

HR 2445 (by González), Honoring Sandra Elisa Licon for her service on the board of the San Elizario ISD.

HR 2446 (by González), Congratulating Sylvia Hopp on her retirement as superintendent of the San Elizario Independent School District.

HR 2447 (by González), Congratulating Lizbeth Ramirez of El Paso on her graduation from the Americas High School Libertas Academy.

HR 2448 (by González), Congratulating Alondra Esparza of El Paso on her graduation from the Americas High School Libertas Academy.

HR 2449 (by González), Congratulating Ricardo Bueno on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2450 (by González), Congratulating Sarah Carrillo on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2451 (by González), Congratulating Lorenzo Rodriguez III on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2452 (by González), Congratulating Justen Nava on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2453 (by González), Congratulating Sebastian Tellez on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2454 (by González), Congratulating Kyle Donnelly on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2455 (by González), Congratulating Savannah Araujo on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2456 (by González), Congratulating Sidney Mhlanga on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2457 (by González), Congratulating Elijah Escamilla on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2458 (by González), Congratulating Jaiden Alvarado on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2459 (by González), Congratulating Juan Antonio Hernandez on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2460 (by González), Congratulating Guadalupe Sanchez on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2461 (by González), Congratulating Jonathan Perez on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2462 (by González), Congratulating Matthew Garcia on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2463 (by González), Congratulating Jesus Vasquez on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2464 (by González), Congratulating Genesis Holguin on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2465 (by González), Congratulating Omar Robert Sanchez Jr. on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2466 (by González), Congratulating Alexander Miranda on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2467 (by González), Congratulating Helue Flores on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2468 (by González), Congratulating Savannah Gonzalez on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2469 (by González), Congratulating Victoria Calderon on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2470 (by González), Congratulating Alexandra Esther Herrera on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2471 (by González), Congratulating Samantha Morales on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2472 (by González), Congratulating Adilene Villarreal on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2473 (by González), Congratulating Cassandra Allen on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2474 (by González), Congratulating Matthew Prospero on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2475 (by González), Congratulating James Girvin on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2476 (by González), Congratulating Samantha Muñoz on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2477 (by González), Congratulating Julissa Mitchell on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2478 (by González), Congratulating Rudy Alexander Zavala on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2479 (by González), Congratulating Arleen Rubio on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2480 (by González), Congratulating Cassandra R. Terrazas on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2481 (by González), Congratulating Imani Pepen on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2482 (by González), Congratulating Jacqueline Jimenez on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2483 (by González), Congratulating Brittany Anders on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2484 (by González), Congratulating Jacob Anguiano on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2485 (by González), Congratulating Rudy Hernandez on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2486 (by González), Congratulating Lizbeth Tamara Rayas on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2487 (by González), Congratulating Maribel Yanez on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2488 (by González), Congratulating Jose Villalobos on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2489 (by González), Congratulating Krystopher Vargas on his graduation from the Americas High School Libertas Academy in El Paso.

HR 2490 (by González), Congratulating Summer Diaz on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2491 (by González), Congratulating Kimberly Zubiate on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2492 (by González), Congratulating Lisette Gonzalez on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2493 (by González), Congratulating Jillian Hodges on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2494 (by González), Congratulating Yzabelle Chacon on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2495 (by González), Congratulating Hayley Wilson on her graduation from the Americas High School Libertas Academy in El Paso.

HR 2497 (by González), Commending Kate Girvin of the Americas High School Libertas Academy in El Paso for her many accomplishments.

HR 2498 (by VanDeaver), Commending the members of the House Committee Coordinator's Office for their work during the 85th Legislative Session.

HR 2500 (by Herrero), Congratulating Saherish Surani, valedictorian of the Class of 2017 at Veterans Memorial High School.

HR 2502 (by Herrero), Congratulating Reuben Lewis, salutatorian of the Class of 2017 at Veterans Memorial High School.

HR 2503 (by Lucio), Commemorating the 30th anniversary of Gonzalez Elementary School in Brownsville.

HR 2506 (by R. Anderson), Congratulating Byron and Madison Smith of Huntington on the birth of their son, Hudson Andrew Smith.

HR 2508 (by Schofield), Congratulating Hannah Hirst of Katy on her acceptance to the United States Military Academy at West Point.

HR 2509 (by Herrero), Congratulating Karley J. Hendricks, valedictorian of the Class of 2017 at Agua Dulce High School.

HR 2510 (by Herrero), Congratulating Elissa D. Hadnot, salutatorian of the Class of 2017 at Agua Dulce High School.

HR 2512 (by Dutton), Congratulating Shirlane Wilkerson on her retirement from the U.S. Social Security Administration.

HR 2513 (by Lucio), Congratulating Elva Morato on her retirement from the Brownsville Independent School District.

HR 2514 (by Herrero), Congratulating Tamira Jackson, valedictorian of the Class of 2017 at Roy Miller High School.

HR 2515 (by Herrero), Congratulating Jamie Solis, salutatorian of the Class of 2017 at Roy Miller High School.

HR 2516 (by Burrows), Honoring the Commission on State Emergency Communications and the regional planning commissions of Texas for 30 years of service.

HR 2525 (by E. Johnson), Expressing support for the selection of Dallas as host of the 2036 Texas Bicentennial Exposition.

HR 2532 (by Gooden), Congratulating Jacob Ian Snyder of Mabank High School on winning the 2017 UIL 4A Lincoln-Douglas Debate state championship.

HR 2533 (by Craddick), Congratulating Ed and Susan Auler of Austin on their 50th wedding anniversary.

HR 2535 (by Frullo), Congratulating the Texas Tech University baseball team on winning the 2017 Big 12 Conference regular season championship.

HR 2536 (by White), Congratulating Deacon E. Generes DuFour on his retirement as director of the Criminal Justice Office of the Catholic Diocese of Austin.

HR 2537 (by Dean), Commending the House Business Office staff for its work during the 85th Legislative Session.

HR 2538 (by Sanford), Honoring Derek V. Baker of McKinney for his community engagement and his service to the Collin County Conservative Republicans.

HR 2540 (by Neave), Honoring Dallas firefighter/paramedic William An for his courage and heroism in the line of duty.

HR 2541 (by Neave), Commending the House Parliamentarian's Office for its work during the 85th Legislative Session.

HR 2542 (by Neave), Honoring Sergeant Robert Wayne Watson of the Dallas Police Department for saving the life of a fellow first responder during an active-shooter incident.

HR 2543 (by Hefner), Honoring Zachary Cousin of Winnsboro for helping to rescue his family after a serious vehicle accident.

HR 2545 (by Y. Davis), Congratulating Rear Admiral TeCora Ballom on her appointment as a U.S. assistant surgeon general.

HR 2547 (by Frullo, Burrows, Darby, Craddick, and Murr), Commending the participants in the Texas Tech University Legislative Internship Program.

HR 2549 (by Herrero), Congratulating Michael Glennon Rock, valedictorian of the Class of 2017 at Incarnate Word Academy High School.

HR 2550 (by Herrero), Congratulating Sheridan Ashlynn Steen, salutatorian of the Class of 2017 at Incarnate Word Academy High School.

HR 2551 (by Herrero), Congratulating the Tuloso-Midway High School academic decathlon team on its success during the 2016-2017 season.

HR 2554 (by Paddie), Congratulating the Avinger High School boys' basketball team on winning the 2016 UIL Class 1A state championship.

HR 2555 (by Paddie), Congratulating the Waskom High School football team on winning the 2015 UIL 3A Division 2 state championship.

HR 2556 (by Paddie), Congratulating the Hallsville High School drill team on winning the grand championship title at the 2016 Showtime National Drill Team Contest.

HR 2557 (by Paddie), Congratulating Portia King on receiving a Community Builder Award from Masonic Lodge No. 856 in Joaquin.

HR 2559 (by Herrero), Congratulating Jordan Moeller, valedictorian of the Class of 2017 at W. B. Ray High School.

HR 2560 (by Herrero), Congratulating Katie Lynn Gasiorowski, salutatorian of the Class of 2017 at W. B. Ray High School.

HR 2561 (by Herrero), Congratulating Justin Zavala, valedictorian of the Class of 2017 at Dr. M. L. Garza-Gonzalez Charter School.

HR 2562 (by Herrero), Congratulating Laura Palomo, salutatorian of the Class of 2017 at Dr. M. L. Garza-Gonzalez Charter School.

HR 2563 (by Herrero), Congratulating Amanda Jean Vodicka, valedictorian of the Class of 2017 at Harold T. Branch Academy for Career and Technical Education.

HR 2564 (by Herrero), Congratulating Janelle Sosa, salutatorian of the Class of 2017 at Harold T. Branch Academy for Career and Technical Education.

HR 2565 (by Herrero), Congratulating Lesly Carreon, valedictorian of the Class of 2017 at West Oso High School.

HR 2566 (by Herrero), Congratulating Mario Ramirez Jr., salutatorian of the Class of 2017 at West Oso High School.

HR 2567 (by Price), Commemorating Texas Independence Day 2018.

HR 2568 (by Price), Commemorating Easter 2018.

HR 2569 (by Price), Recognizing May 3, 2018, as National Day of Prayer in Texas.

HR 2570 (by Price), Commemorating Mother's Day 2018.

HR 2572 (by Hunter), Congratulating Felix Longoria Jr. of Corpus Christi on his 96th birthday.

HR 2574 (by Price), Commemorating Flag Day 2018.

HR 2575 (by Price), Commemorating the Fourth of July, 2018.

HR 2576 (by Price), Commemorating Patriot Day, September 11, 2017.

HR 2577 (by Price), Commemorating Patriot Day, September 11, 2018.

HR 2578 (by Price), Recognizing September 17, 2018, as Constitution Day.

HR 2579 (by Price), Commemorating Gold Star Mother's Day 2018.

HR 2580 (by Price), Commemorating Memorial Day 2018.

HR 2581 (by E. Rodriguez), Recognizing February 4 through 10, 2018, as Texas Affordable Housing Week.

HR 2582 (by Price), Commemorating Veterans Day 2018.

HR 2584 (by Price), Recognizing May 19, 2018, as Armed Forces Day.

HR 2586 (by Price), Commemorating Thanksgiving 2018.

HR 2587 (by Price), Commemorating Christmas 2018.

HR 2588 (by Klick), Commending former state representative Bill G. Carter for his 65 years of service to State Farm Insurance.

HR 2589 (by Price), Congratulating Jerry Birdsong on his retirement as superintendent of Stratford Independent School District.

HR 2590 (by Herrero), Congratulating Julieta Brusco of Incarnate Word Academy in Corpus Christi on winning the grand national championship title for first grade in the 2017 Zaner-Bloser National Handwriting Contest.

HR 2592 (by Guillen), Congratulating the Pleasanton Express on its outstanding showing in the 2017 South Texas Press Association Better Newspaper Contest.

HR 2594 (by Villalba), Commending Farish Mozley for her service as communications director in the office of State Representative Jason Villalba.

HR 2595 (by Villalba), Commending McKenna Skeeters for her service as a legislative assistant in the office of State Representative Jason Villalba.

HR 2596 (by Villalba), Commending Ben Utley for his work as legislative director in the office of State Representative Jason Villalba.

HR 2599 (by Hinojosa), Commending the staff of the State Preservation Board for their service.

HR 2600 (by Raney), Commending the House Journal Clerk's Office for its service during the 85th Legislative Session.

HR 2602 (by Bell), Honoring A. J. Foyt on his career in motorsports.

HR 2603 (by Wu), Commending Pat Menville for her service as president of the Sharpstown Civic Association.

HR 2604 (by Wu), Commending Charmaine LeBlanc for her service as vice president of the Sharpstown Civic Association.

HR 2620 (by Uresti), Commending Frank Ramirez Jr. of San Antonio for his service to his state and nation.

The resolutions were adopted.

Representative Kacal moved to suspend all necessary rules to take up and consider at this time the following memorial resolutions.

The motion prevailed.

The following resolutions were laid before the house:

HR 2366 (by Lucio), In memory of Natalie Cowen Gonzalez of Sugar Land.

HR 2389 (by R. Anderson), In memory of Janeera Gonzalez of Irving.

HR 2406 (by Tinderholt), In memory of Clayton David Winkles of Arlington.

HR 2428 (by Frullo), In memory of Betty Lynn Pittman Hobgood.

HR 2433 (by Guerra), In memory of Edmon Grant "Sandy" Hall.

HR 2499 (by Cyrier), In memory of Peggy Butler Duda of Lockhart.

HR 2501 (by Herrero), In memory of William Howard "Bill" Kennedy of Woodsboro.

HR 2504 (by Wray), In memory of David Earl LaRue of Midlothian.

HR 2505 (by Wray), In memory of Eddie Bob Vantreese of Waxahachie.

HR 2507 (by S. Thompson), In memory of Lisa Rachelle Freeman Anderson of San Marcos.

HR 2511 (by Lucio), In memory of fallen Texas DPS Trooper David Irvine Rucker.

HR 2517 (by Fallon), In memory of Henry "Tim" Fenderbosch Jr.

HR 2518 (by Fallon), In memory of Jeffery S. McComb.

HR 2519 (by Fallon), In memory of Richard George "Dick" Fettig.

HR 2520 (by Fallon), In memory of Alvan Richard Sandoval of The Colony.

HR 2521 (by Burrows), In memory of former Texas Tech University assistant football coach Bob Patterson.

HR 2522 (by Burrows), In memory of native Texan Powers Boothe.

HR 2523 (by Burrows), In memory of Charley James Wasson of Lubbock.

HR 2524 (by Burrows), In memory of Shaelynn Welch of Lubbock.

HR 2526 (by Wilson), In memory of Henry Albert Phillips Jr.

HR 2529 (by E. Johnson), In memory of Ofilia Barrera Dominguez of Edroy.

HR 2530 (by R. Anderson), In memory of Cynthia Kay DeBord Waters of Grand Prairie.

HR 2531 (by Gooden and Hefner), In memory of James Clayton Young of Alba.

HR 2539 (by Gooden), In memory of James Dwight Barkham Jr. of Forney.

HR 2548 (by T. King), In memory of Loren Rodney Overbo.

HR 2553 (by Paddie), In memory of Monte Moore of Lamesa.

HR 2558 (by Paddie), In memory of Frank Lower of Marshall.

HR 2571 (by Hunter), In memory of Bruce Livingston Collins Jr. of Corpus Christi.

HR 2591 (by Guillen), In memory of Martha S. Gonzalez of Premont.

HR 2593 (by Guillen), In memory of Rubin S. Leal of Poteet.

The resolutions were unanimously adopted by a rising vote.

HR 2546 - ADOPTED
(by Hinojosa)

Representative Hinojosa moved to suspend all necessary rules to take up and consider at this time HR 2546.

The motion prevailed.

The following resolution was laid before the house:

HR 2546, Commending the Honorable Elliott Naishtat for his service as a member of the Texas House of Representatives.

HR 2546 was read and was adopted.

On motion of Representative Bernal, the names of all the members of the house were added to HR 2546 as signers thereof.

INTRODUCTION OF GUEST

The chair recognized Representative Hinojosa who introduced the Honorable Elliott Naishtat.

HR 2496 - ADOPTED
(by Leach)

Representative Leach moved to suspend all necessary rules to take up and consider at this time HR 2496.

The motion prevailed.

The following resolution was laid before the house:

HR 2496, Honoring the Morgan Foundation for its work to improve research on eating disorders.

HR 2496 was read and was adopted.

On motion of Representative Meyer, the names of all the members of the house were added to HR 2496 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Leach who introduced representatives of the Morgan Foundation.

HR 2601 - ADOPTED
(by Metcalf)

Representative Metcalf moved to suspend all necessary rules to take up and consider at this time HR 2601.

The motion prevailed.

The following resolution was laid before the house:

HR 2601, Congratulating Benjamin Daniel Shackelford and Annie Avary on their wedding.

HR 2601 was adopted.

HR 2534 - ADOPTED
(by Craddick)

Representative Craddick moved to suspend all necessary rules to take up and consider at this time HR 2534.

The motion prevailed.

The following resolution was laid before the house:

HR 2534, Commending Rod Welsh for his service with the Office of the House Sergeant-at-Arms.

HR 2534 was read and was adopted.

On motion of Representative D. Bonnen, the names of all the members of the house were added to HR 2534 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Craddick who introduced Rod Welsh and members of his family.

HR 639 - PREVIOUSLY ADOPTED
(by Bohac)

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

HR 639, In memory of Robert K. Murphy of Houston.

On motion of Representatives Huberty and Elkins, the names of all the members of the house were added to HR 639 as signers thereof.

(Speaker in the chair)

SB 578 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED

On motion of Representative Gutierrez, the house granted the request of the senate for the appointment of a Conference Committee on SB 578.

The chair announced the appointment of the following conference committee, on the part of the house, on SB 578: Gutierrez, chair; J. Rodriguez, Blanco, Burkett, and Elkins.

HR 2573 - ADOPTED
(by Geren)

The following privileged resolution was laid before the house:

HR 2573

House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting SECTION 13(a)(2) of the senate engrossment of SB 533 and the corresponding section of the bill as the bill was amended by the house, proposing transition language requiring the comptroller to modify the contract management guide as required by Section 2262.051(i), Government Code, as that section is purportedly added by SB 533.

Explanation: The omission of text is necessary to remove from transition language in the bill a reference to a duty imposed on the comptroller under Section 2262.051(i), Government Code, that is not included in either the house or senate version of the bill.

HR 2573 was adopted by (Record 1960): 147 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Cain.

Present, not voting — Mr. Speaker(C).

Absent — Tinderholt.

SB 533 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Geren submitted the conference committee report on SB 533.

Representative Geren moved to adopt the conference committee report on SB 533.

The motion to adopt the conference committee report on SB 533 prevailed by (Record 1961): 144 Yeas, 2 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Cain; Stickland.

Present, not voting — Mr. Speaker(C).

Absent — Farrar; Gutierrez; Lang.

HR 2622 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HR 2622, suspending the limitations on the conferees for HB 4345.

HR 2628 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HR 2628, suspending the limitations on the conferees for SB 1148.

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).

SB 277 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Frank submitted the conference committee report on SB 277.

Representative Frank moved to adopt the conference committee report on SB 277.

The motion to adopt the conference committee report on SB 277 prevailed by (Record 1962): 97 Yeas, 47 Nays, 1 Present, not voting.

Yeas — Alvarado; Anderson, C.; Anderson, R.; Arévalo; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Coleman; Collier; Cook; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Dean; Dutton; Elkins; Faircloth; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; Gonzales; Gooden; Gutierrez; Hefner; Hernandez; Herrero; Holland; Huberty; Hunter; Isaac; Israel; Johnson, J.; King, P.; Klick; Koop; Krause; Kuempel; Lambert; Lang; Laubenberg; Longoria; Lozano; Lucio; Metcalf; Meyer; Miller; Moody; Morrison; Murr; Neave; Nevárez; Oliverson; Parker; Phillips; Pickett; Price; Raney; Raymond; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Sanford; Schaefer; Schubert; Sheffield; Simmons; Springer; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Turner; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Zedler; Zerwas.

Nays — Allen; Alonzo; Anchia; Ashby; Burrows; Cain; Clardy; Cortez; Davis, Y.; Deshotel; Fallon; Frullo; Giddings; González; Guerra; Guillen; Hinojosa; Howard; Johnson, E.; Kacal; Keough; King, K.; King, T.; Landgraf; Larson; Leach; Martinez; Minjarez; Murphy; Oliveira; Ortega; Paddie; Paul; Perez; Phelan; Reynolds; Romero; Rose; Schofield; Shaheen; Smithee; Stickland; Thierry; Thompson, S.; Uresti; Wray; Wu.

Present, not voting — Mr. Speaker(C).

Absent — Bonnen, D.; Dukes; Farrar; Muñoz; Shine.

STATEMENTS OF VOTE

When Record No. 1962 was taken, I was in the house but away from my desk. I would have voted no.

D. Bonnen

When Record No. 1962 was taken, I was shown voting yes. I intended to vote no.

Lang

When Record No. 1962 was taken, I was shown voting no. I intended to vote yes.

Martinez

When Record No. 1962 was taken, I was shown voting yes. I intended to vote no.

Metcalf

When Record No. 1962 was taken, my vote failed to register. I would have voted yes.

Muñoz

When Record No. 1962 was taken, I was shown voting no. I intended to vote yes.

Shaheen

When Record No. 1962 was taken, my vote failed to register. I would have voted yes.

Shine

When Record No. 1962 was taken, I was shown voting yes. I intended to vote no.

E. Thompson

SB 5 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative P. King submitted the conference committee report on SB 5.

SB 5 - REMARKS

REPRESENTATIVE P. KING: I'm going to move in a second to adopt the conference committee report. I'd be happy to go over some of the amendments that were made to SB 5 if anybody would like. I see Mr. Turner back there. Let me walk through them. There were seven amendments that were placed on SB 5, the voter ID bill, in the house. Of those, the house did very well in the conference committee, and the house retained four-and-a-half of the seven amendments. I'll walk through those very quickly.

Mr. Goldman had added an amendment that allowed us to use passport cards in addition to passports. That was retained. Representative Giddings had an amendment that extended the use of expired IDs from two years to four years. That was retained by the house. Representative Lucio had an amendment that raised the penalty for an election official who unlawfully permits an ineligible voter to vote. His amendment raised that from a Class B misdemeanor to a Class A misdemeanor. That house amendment was also retained. Representative Chris Turner had an amendment that added language that an election officer may not refuse to accept documentation presented solely because the address on the documentation does not match the address on the list of registered voters. That amendment by Representative Turner was also retained. Representative Moody had an amendment. The original bill as it came out of the senate and was brought to the floor of the house had a penalty for intentionally making a false statement on the reasonable impediment declaration. The senate bill had it as a third degree felony; the house lowered it to a Class A. We met in the middle and made it a state jail felony.

There are two amendments that were not retained which were house amendments. One was by Representative Justin Rodriguez, and it required some reporting by the secretary of state on the vendors that were employed to do voter education programs. The concern of proprietary vendor information was raised by the secretary of state's office. Apparently there were some serious unintended consequences. I will tell you, though, that that information is available to you privately as a legislator even though it cannot publicly be obtained by a Freedom of Information Act open records request. The last amendment was an amendment by Representative Lina Ortega, and it was aimed at a report making citizens aware of the mobile voting locations and some other things dealing with identification certificates. Unfortunately, that came back with a fiscal note of like $4 million, so it was not retained. I'll be happy to answer any questions.

REPRESENTATIVE MOODY: I thank you for reviewing those piece by piece. I want to highlight the piece regarding the amendment that you accepted that I offered when we had this bill on the floor, where the senate version had it at a third degree felony and we took it to a Class A misdemeanor. You said that the conference committee report splits the difference and moves it to a state jail felony?

P. KING: That's correct.

MOODY: Okay, and I discussed this with you a little bit yesterday, and it was part of the conversation the other day, too, in that, is it your understanding that even if we had left it at a Class A misdemeanor, that someone could have been prosecuted under the tampering with governmental record provision which is itself a state jail felony?

P. KING: Right, and that was one of the reasons for not objecting to it being moved to a state jail. Frankly, a prosecutor could do that anyway. Although, I thought with the Class A it was accepted, and I thought it was a good amendment.

MOODY: So in fact, you possibly would have had different prosecutors handle that different ways, yet the impediment prosecution would have been a Class A. You would have had the tampering, which is already on the books as a state jail, and that conduct would have applied, too. And so does that create some uniformity here for this type of conduct?

P. KING: You know, actually, I hadn't thought of that until you just said that, but you could have actually had prosecutors in different jurisdictions prosecuting people for the same offense, in effect, with a different penalty.

MOODY: I appreciate you working with us on that. I don't know if that's still the right level that it should be at, but I think given the conversation, I think the ability of someone to be prosecuted under tampering with governmental record––it may be as best to at least have a uniform place to start at and then we'll go from there.

REPRESENTATIVE J. RODRIGUEZ: Chairman King, I know we had a discussion off the record the other day. I had an amendment that you accepted––and I appreciate you working with me on that––that had to do with transparency. To refresh your recollection, it was an amendment that the secretary of state would have to divulge how they spent public money on voter education outreach. And I understand that was stripped from the bill. Is that correct?

P. KING: Regrettably, it was, yes.

J. RODRIGUEZ: Can you tell me a little bit about the discussion on why that was stripped? Because that one was not the one with the fiscal note. So again, the attempt was to try and bring some kind of transparency––public disclosure to how we in this body and different agencies utilize taxpayer money. So can you tell me why that may have been disregarded in the ultimate bill?

P. KING: I think the intent of your amendment was very reasonable and a good idea, and that's why I accepted it. The issues it ran into I think dealt with their contracting with these third party vendors to carry out those functions. It would have required release of what's classified as proprietary contract information. I think, you know, we've had a lot of issues going back and forth or bills going back and forth dealing with state contracts and what can be revealed and all that. It's a little bit muddy right now. So I think that was part of the issue. What I was encouraged to find out was that that same information is available to any legislator upon request to the secretary of state's office. Now granted, you have to sign a nondisclosure agreement, which is a little bit frustrating, but you can still get that information, digest it yourself, and then in whatever ways the disclosure agreement allows you to, use that for research or other purposes for future legislation.

J. RODRIGUEZ: Okay, and again, I'm not necessarily calling you out on this, because you did try to work with me. And you accepted––I had an original amendment that had a laundry list, and we worked together to kind of refine that, and you accepted that. Would you agree, though, that there's still a concern? And maybe not just with respect to this particular issue but I think in general with respect to making sure folks who are taxpayers in this state know how their money's being spent, and that was the heart of the amendment. Would you agree with that?

P. KING: And I understand. The general rule is everything in government ought to be very, very transparent unless there is a compelling and legal reason for it to be otherwise. I think that in this case there's some contract issues which probably need to be worked out a little bit with regard to what is proprietary information and what is not, but the secretary of state's office was very firm of the opinion that there was some proprietary information in there that they would not be able to release without not being able to contract.

J. RODRIGUEZ: And I guess my concern would be that, you know, there may be other agencies who would make that same objection, right? I mean, as a state, different agencies contract with private vendors all the time, and if anyone objected to their information being proprietary, then there would be no public disclosure. And I would say, you know, that would do the public interest no good. Would you not agree?

P. KING: I ran into that same issue in a very frustrating manner with one of our state universities last session in trying to get some information of a vendor they contracted with, and I ended up having to go through a very long nondisclosure process to get that information. And then I wasn't able to release it. I finally had to pass legislation to deal with that going forward. And so sometimes we have to kind of come back and deal with that at a future date. So I understand your concerns, but I also understood the secretary of state's kind of box they were in, and so that is what led to ultimately striking the amendment.

J. RODRIGUEZ: Well, again, I appreciate you trying to work with us. My concern is, again, basically handing over a blank check to the secretary of state's office or any agency for that matter. I know it's a limited amount of dollars, but in a sense it's giving them a check and saying in the memo line to the public, it's none of your business.

P. KING: And I really appreciated you working with me on trying to refine your amendment to where we thought it would work.

J. RODRIGUEZ: Well, anyway, I know we agreed to a certain degree, Chairman King. I'm sorry it didn't get in the final report, but I appreciate you trying for me. Thank you.

REPRESENTATIVE ORTEGA: First, let me say thank you for accepting my amendment, because I thought it was an amendment that we really needed to push and adopt in the State of Texas. I appreciated it when you did that. I think that you probably agree, and the reason that you accepted it is because Texas has a dismal record when it comes to voting. I think that it's important for our state instead of being at the bottom to be at the top when it comes to our voting record. Would you agree with me on that?

P. KING: Absolutely, that should be our goal.

ORTEGA: And even though it was not accepted, I hope that we all work together to improve our voting record and improve what is taking place in our state, because part of my amendment was really focused on educating––with the new law if it comes into effect––educating the voters of the changes. And it's something that we really need to do regardless of whether or not it is in the law. And I hope that you support that and that you push that effort when this new law goes into effect.

P. KING: I certainly agreed with your intent, and I'm sorry we got caught up in a fiscal note.

REPRESENTATIVE CANALES: I was listening to the exchange, and I think the body was as well, that Representatives Rodriguez's transparency amendment is getting stripped from the bill. Is that correct?

P. KING: Yes.

CANALES: I was looking at the conferees, and I didn't see Senator Schwertner's name as a conferee, but it's my understanding that he was instrumental in having that stripped as well. Are you advised?

P. KING: I truly am not advised on that.

SB 5 - POINTS OF ORDER

Representatives Turner and Walle raised points of order against further consideration of SB 5 under Rule 13, Section 9 and Rule 13, Section 11(a) of the House Rules on the grounds that text of the bill that was not in disagreement between the two houses was changed and the conference committee report is inaccurate.

The speaker overruled the point of order and submitted the following statement:

Rule 13, Section 9 (in relevant part) of the House Rules states “A conference committee shall have no authority with respect to any bill . . . to add text on any matter not in disagreement.” Representative Turner argues that the conference committee report adds text to the caption of SB 5 when the caption of the bill was not in disagreement between the two chambers. The proponents acknowledged, however, that the text of the house and senate bills relating to criminal penalties were different and the text of the conference committee adjusted those differences.

Rule 13, Section 11(a) of the House Rules states “all reports of conference committees shall include an analysis showing wherein the report differs from the house and senate versions of the bill, resolution, or other matter in disagreement.” Similar to Representative Turner's point of order, Representative Walle argues that the conference committee report adds text to the caption of SB 5 when the caption was not in disagreement between the two chambers. Specifically, Representative Walle argues that the side-by-side analysis for the conference committee report fails to note the caption change that is made to the bill, because the content of the conference committee version of the bill differs from the house and senate versions, the analysis should have correctly noted the distinction. The argument ignores the interconnection between the text of the bill and the caption (the purpose of which is to provide notice of the text). Assuming the house and senate versions of the bill shared an identical caption “relating to Longhorns and Aggies” but in the conference committee within the rules deleted all references to Longhorns. The caption, which is not text of the bill, would necessarily need to be changed. Taking the argument further, a house bill that was submitted in senate committee would bear two different identifiers “H.B.” and “C.S.H.B.”; under the proponents theory, this also would be “text in disagreement” and would require separate column acknowledgement. In this case, the technical changes in the body of the bill were accurately reflected in the report. The point of order is overruled.

Representative P. King moved to adopt the conference committee report on SB 5.

The motion to adopt the conference committee report on SB 5 prevailed by (Record 1963): 92 Yeas, 56 Nays, 1 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Bailes; Bell; Biedermann; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Dean; Elkins; Faircloth; Fallon; Flynn; Frank; Frullo; Geren; Goldman; Gonzales; Gooden; Hefner; Holland; Huberty; Hunter; Isaac; Kacal; Keough; King, K.; King, P.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Metcalf; Meyer; Miller; Morrison; Murphy; Murr; Oliverson; Paddie; Parker; Paul; Phelan; Phillips; Price; Raney; Rinaldi; Roberts; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; Villalba; White; Wilson; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Arévalo; Bernal; Blanco; Cain; Canales; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dukes; Dutton; Farrar; Gervin-Hawkins; Giddings; González; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, E.; Johnson, J.; King, T.; Longoria; Lucio; Martinez; Minjarez; Moody; Muñoz; Neave; Nevárez; Oliveira; Ortega; Perez; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thierry; Thompson, S.; Turner; Uresti; Vo; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent — Lozano.

STATEMENTS OF VOTE

When Record No. 1963 was taken, I was shown voting no. I intended to vote yes.

Cain

When Record No. 1963 was taken, I was in the house but away from my desk. I would have voted yes.

Lozano

REMARKS ORDERED PRINTED

Representative Turner moved to print all remarks on SB 5.

The motion prevailed.

SB 30 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative S. Thompson submitted the conference committee report on SB 30.

Representative S. Thompson moved to adopt the conference committee report on SB 30.

The motion to adopt the conference committee report on SB 30 prevailed by (Record 1964): 129 Yeas, 19 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Burkett; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Sheffield; Shine; Smithee; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zerwas.

Nays — Anderson, R.; Bell; Bonnen, G.; Burrows; Cain; Fallon; Goldman; Hefner; Lang; Leach; Phillips; Rinaldi; Shaheen; Simmons; Springer; Stickland; Swanson; Tinderholt; Zedler.

Present, not voting — Mr. Speaker(C).

Absent — Keough.

STATEMENTS OF VOTE

When Record No. 1964 was taken, I was shown voting yes. I intended to vote no.

D. Bonnen

When Record No. 1964 was taken, I was shown voting yes. I intended to vote no.

Faircloth

When Record No. 1964 was taken, I was shown voting yes. I intended to vote no.

Holland

When Record No. 1964 was taken, I was shown voting yes. I intended to vote no.

Krause

When Record No. 1964 was taken, I was shown voting yes. I intended to vote no.

Murr

HB 2994 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Ashby submitted the following conference committee report on HB 2994:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2994 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hinojosa

Ashby

Kolkhorst

Howard

Seliger

Phelan

L. Taylor

J. Rodriguez

On the part of the senate

On the part of the house

HB 2994, A bill to be entitled An Act relating to workforce continuing education offered by public junior colleges.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 130, Education Code, is amended by adding Subchapter L to read as follows:

SUBCHAPTER L. WORKFORCE CONTINUING EDUCATION

Sec. 130.301. DEFINITIONS. In this subchapter:

(1) "Adult" means a person who:

(A) has completed the person's sophomore year of high school;

(B) is 17 years of age and has been awarded a high school diploma or its equivalent; or

(2) "Avocational course" means a course of study in a subject or activity that is usually engaged in by a person in addition to the person's regular work or profession for recreation or in relation to a hobby. The term includes a community interest course.

(3) "Coordinating board" means the Texas Higher Education Coordinating Board.

(4) "Workforce continuing education" means a program of instruction that:

(A) is designed primarily for adults; and

(B) is intended, on completion by a participant, to prepare the participant to qualify to apply for and accept an employment offer or a job upgrade within a specific occupational category or to bring the participant's knowledge or skills up to date on new developments in a particular occupation or profession.

(5) "Workforce continuing education course" means a course of instruction in workforce continuing education that is approved by the coordinating board. The term does not include an avocational course.

Sec. 130.302. FORMULA FUNDING FOR WORKFORCE CONTINUING EDUCATION COURSES. Notwithstanding Section 130.003 or any other law, contact hours attributable to the enrollment of a student in a workforce continuing education course offered by a public junior college shall be included in the contact hours used to determine the college's proportionate share of state money appropriated and distributed to public junior colleges under Sections 130.003 and 130.0031, regardless of whether the college waives all or part of the tuition or fees for the course under Section 130.304.

Sec. 130.303. WORKFORCE CONTINUING EDUCATION FOR HIGH SCHOOL STUDENTS. (a) A public junior college may offer, or may enter into an agreement with a school district, organization, or other person that operates a high school to offer, workforce continuing education courses other than learning framework courses, basic employability courses, and basic learning skills courses to a person who:

(1) is enrolled in high school on the completion of the person's sophomore year;

(2) is enrolled in a school that is not formally organized as a high school and is at least 16 years of age; or

(3) is attending high school while incarcerated, is at least 16 years of age, and is not eligible for release from incarceration before the person's 18th birthday.

(b) This section does not prohibit a public junior college from offering community interest continuing education courses using local funds.

Sec. 130.304. WAIVER OF TUITION AND FEES FOR WORKFORCE CONTINUING EDUCATION COURSES. A public junior college may waive all or part of the tuition or fees charged to a student for a workforce continuing education course only if:

(1) the student:

(A) is enrolled in high school or in a school described by Section 130.303(a)(2);

(B) is 16 years of age or older, has had the disabilities of minority removed, and is not enrolled in secondary education; or

(2) all or a significant portion of the college's costs for facilities, instructor salaries, equipment, and other expenses for the course are covered by business, industry, or other local public or private entities; or

(3) the course is taught in a federal correctional facility and the facilities, equipment, supplies, and other expenses for the course are funded by the federal government.

Sec. 130.305. RULES. The coordinating board shall adopt any rules the coordinating board considers necessary for the administration of this subchapter. In adopting those rules, the coordinating board shall use the negotiated rulemaking procedures under Chapter 2008, Government Code.

SECTION 2. This Act takes effect September 1, 2017.

Representative Ashby moved to adopt the conference committee report on HB 2994.

The motion to adopt the conference committee report on HB 2994 prevailed by (Record 1965): 146 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Cain.

Present, not voting — Mr. Speaker(C).

Absent — Dukes; Thompson, S.

HR 2605 - ADOPTED
(by S. Thompson)

The following privileged resolution was laid before the house:

HR 2605

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 1913 (the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses) to consider and take action on the following matters:

(1) House Rule 13, Sections 9(a)(1) and (2), are suspended to permit the committee to amend and omit text not in disagreement in SECTION 5 of the bill, in added Articles 43.05(a-1) and (a-2), Code of Criminal Procedure, to read as follows:

(a-1) A court may not issue a capias pro fine for the defendant's failure to satisfy the judgment according to its terms unless the court holds a hearing on the defendant's ability to satisfy the judgment and:

(1) the defendant fails to appear at the hearing; or

(2) based on evidence presented at the hearing, the court determines that the capias pro fine should be issued.

(a-2) The court shall recall a capias pro fine if, before the capias pro fine is executed:

(1) the defendant voluntarily appears to resolve the amount owed; and

(2) the amount owed is resolved in any manner authorized by this code.

Explanation: This change is necessary to clarify the circumstances in which a court may issue or shall recall a capias pro fine.

(2) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in SECTION 7 of the bill, in amended Article 43.091, Code of Criminal Procedure, to read as follows:

Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR CERTAIN [~~INDIGENT~~] DEFENDANTS AND FOR CHILDREN. A court may waive payment of all or part of a fine or costs [~~cost~~] imposed on a defendant [~~who defaults in payment~~] if the court determines that:

(1) the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or costs or was, at the time the offense was committed, a child as defined by Article 45.058(h); and

(2) each alternative method of discharging the fine or cost under Article 43.09 or 42.15 would impose an undue hardship on the defendant.

Explanation: This change is necessary to remove unnecessary and duplicative language.

(3) House Rule 13, Sections 9(a)(1) and (2), are suspended to permit the committee to amend and omit text not in disagreement in SECTION 8 of the bill, in added Article 45.014(e), Code of Criminal Procedure, to read as follows:

(e) A justice or judge may not issue an arrest warrant for the defendant's failure to appear at the initial court setting, including failure to appear as required by a citation issued under Article 14.06(b), unless:

(1) the justice or judge provides by telephone or regular mail to the defendant notice that includes:

(A) a date and time, occurring within the 30-day period following the date that notice is provided, when the defendant must appear before the justice or judge;

(B) the name and address of the court with jurisdiction in the case;

(C) information regarding alternatives to the full payment of any fine or costs owed by the defendant, if the defendant is unable to pay that amount; and

(D) an explanation of the consequences if the defendant fails to appear before the justice or judge as required by this article; and

(2) the defendant fails to appear before the justice or judge as required by this article.

Explanation: This change is necessary to clarify and simplify the limitation on a justice or judge's authority to issue an arrest warrant for a defendant's failure to appear.

(4) House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in SECTION 9 of the bill, in added Article 45.016(b), Code of Criminal Procedure, to read as follows:

(b) The justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:

(1) the defendant fails to appear in accordance with this code with respect to the applicable offense; and

(2) the justice or judge determines that:

(A) the defendant has sufficient resources or income to give a bail bond; and

(B) a bail bond is necessary to secure the defendant's appearance in accordance with this code.

Explanation: This change is necessary to clarify the circumstances in which a justice or judge may require a defendant to give a bail bond in a criminal case based on an offense punishable by fine only.

(5) House Rule 13, Sections 9(a)(1) and (2), are suspended to permit the committee to amend and omit text not in disagreement in SECTION 12 of the bill, in added Articles 45.045(a-2) and (a-3), Code of Criminal Procedure, to read as follows:

(a-2) The court may not issue a capias pro fine for the defendant's failure to satisfy the judgment according to its terms unless the court holds a hearing on the defendant's ability to satisfy the judgment and:

(1) the defendant fails to appear at the hearing; or

(2) based on evidence presented at the hearing, the court determines that the capias pro fine should be issued.

(a-3) The court shall recall a capias pro fine if, before the capias pro fine is executed:

(1) the defendant voluntarily appears to resolve the amount owed; and

(2) the amount owed is resolved in any manner authorized by this chapter.

Explanation: This change is necessary to clarify the circumstances in which a court may issue or shall recall a capias pro fine.

(6) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in SECTION 16 of the bill, in amended Article 45.0491(a), Code of Criminal Procedure, to read as follows:

(a) A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of a fine or costs imposed on a defendant [~~who defaults in payment~~] if the court determines that:

(2) discharging the fine or [~~and~~] costs under Article 45.049 or as otherwise authorized by this chapter would impose an undue hardship on the defendant.

Explanation: This change is necessary to remove unnecessary and duplicative language.

(7) House Rule 13, Section 9(a)(3), is suspended to permit the committee to add text on a matter which is not in disagreement by adding SECTIONS 20 and 21 to the bill, amending Articles 45.051(a) and 45.0511(t), Code of Criminal Procedure, to read as follows:

SECTION 20. Article 45.051(a), Code of Criminal Procedure, is amended to read as follows:

(a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. In issuing the order of deferral, the judge may impose a special expense fee on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense. The special expense fee may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the special expense fee for good cause shown by the defendant. If the judge orders the collection of a special expense fee, the judge shall require that the amount of the special expense fee be credited toward the payment of the amount of the fine imposed by the judge. An order of deferral under this subsection terminates any liability under a [~~bail bond or an appearance~~] bond given for the charge.

SECTION 21. Article 45.0511(t), Code of Criminal Procedure, is amended to read as follows:

(t) An order of deferral under Subsection (c) terminates any liability under a [~~bail bond or appearance~~] bond given for the charge.

Explanation: The addition of text is a technical change necessary to conform to the changes made in SECTION 9 of the bill, in added Article 45.016(b), Code of Criminal Procedure.

(8) House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in SECTION 31 of the bill, in the transition language, to read as follows:

SECTION 31. The changes in law made by this Act to Articles 45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only to a bond executed on or after the effective date of this Act. A bond executed before the effective date of this Act is governed by the law in effect when the bond was executed, and the former law is continued in effect for that purpose.

Explanation: This change is necessary to properly implement the addition of SECTIONS 20 and 21 to the bill.

HR 2605 was adopted by (Record 1966): 90 Yeas, 57 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bernal; Blanco; Bohac; Button; Canales; Clardy; Coleman; Collier; Cook; Cortez; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Elkins; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; King, K.; King, P.; King, T.; Kuempel; Lambert; Longoria; Lucio; Martinez; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Neave; Nevárez; Oliveira; Ortega; Perez; Pickett; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheffield; Shine; Stucky; Thierry; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wray; Wu; Zerwas.

Nays — Anderson, R.; Bell; Biedermann; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Cain; Capriglione; Cosper; Craddick; Cyrier; Dean; Faircloth; Fallon; Goldman; Hefner; Holland; Huberty; Kacal; Keough; Klick; Koop; Krause; Landgraf; Lang; Larson; Leach; Lozano; Metcalf; Murphy; Murr; Oliverson; Paddie; Parker; Paul; Phelan; Phillips; Price; Rinaldi; Roberts; Sanford; Schaefer; Schofield; Schubert; Shaheen; Simmons; Smithee; Springer; Stephenson; Stickland; Swanson; Thompson, E.; Tinderholt; Workman; Zedler.

Present, not voting — Mr. Speaker(C).

Absent — Laubenberg; Wilson.

STATEMENTS OF VOTE

When Record No. 1966 was taken, I was shown voting yes. I intended to vote no.

Flynn

When Record No. 1966 was taken, I was shown voting yes. I intended to vote no.

Villalba

SB 1913 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative S. Thompson submitted the conference committee report on SB 1913.

Representative S. Thompson moved to adopt the conference committee report on SB 1913.

The motion to adopt the conference committee report on SB 1913 prevailed by (Record 1967): 77 Yeas, 70 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Bernal; Blanco; Canales; Coleman; Collier; Cook; Cortez; Dale; Davis, S.; Davis, Y.; Deshotel; Dutton; Elkins; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; King, K.; King, T.; Longoria; Lozano; Lucio; Martinez; Meyer; Minjarez; Moody; Morrison; Muñoz; Neave; Nevárez; Oliveira; Ortega; Perez; Pickett; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Shine; Thierry; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; White; Wu; Zerwas.

Nays — Anderson, R.; Ashby; Bailes; Bell; Biedermann; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cosper; Craddick; Cyrier; Darby; Dean; Faircloth; Fallon; Goldman; Hefner; Holland; Kacal; Keough; King, P.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Metcalf; Miller; Murphy; Murr; Oliverson; Paddie; Parker; Paul; Phelan; Phillips; Price; Rinaldi; Roberts; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Wilson; Workman; Wray; Zedler.

Present, not voting — Mr. Speaker(C).

Absent — Dukes; Walle.

STATEMENTS OF VOTE

When Record No. 1967 was taken, I was shown voting yes. I intended to vote no.

Meyer

When Record No. 1967 was taken, I was shown voting yes. I intended to vote no.

VanDeaver

When Record No. 1967 was taken, I was shown voting yes. I intended to vote no.

Villalba

SB 1831 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Capriglione submitted the conference committee report on SB 1831.

Representative Capriglione moved to adopt the conference committee report on SB 1831.

The motion to adopt the conference committee report on SB 1831 prevailed by (Record 1968): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent — Anderson, C.; Dukes; Gutierrez.

STATEMENT OF VOTE

When Record No. 1968 was taken, I was in the house but away from my desk. I would have voted yes.

C. Anderson

HR 2597 - ADOPTED
(by Lucio)

The following privileged resolution was laid before the house:

HR 2597

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 1462 (the creation and operation of certain local health care provider participation programs) to consider and take action on the following matter: House Rule 13, Section 9(a)(4), is suspended to permit the

House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following SECTIONS to the bill:

SECTION 28. Subtitle D, Title 4, Health and Safety Code, is amended by adding Chapter 298B to read as follows:

CHAPTER 298B. TARRANT COUNTY HOSPITAL DISTRICT HEALTH CARE PROVIDER PARTICIPATION PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 298B.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of hospital managers of the district.

(2) "District" means the Tarrant County Hospital District.

(3) "Institutional health care provider" means a nonpublic hospital located in the district that provides inpatient hospital services.

(4) "Paying provider" means an institutional health care provider required to make a mandatory payment under this chapter.

(5) "Program" means the health care provider participation program authorized by this chapter.

Sec. 298B.002. APPLICABILITY. This chapter applies only to the Tarrant County Hospital District.

Sec. 298B.003. HEALTH CARE PROVIDER PARTICIPATION PROGRAM; PARTICIPATION IN PROGRAM. The board may authorize the district to participate in a health care provider participation program on the affirmative vote of a majority of the board, subject to the provisions of this chapter.

Sec. 298B.004. EXPIRATION OF AUTHORITY. (a) Subject to Sections 298B.153(d) and 298B.154, the authority of the district to administer and operate a program under this chapter expires December 31, 2019.

(b) Subsection (a) does not affect the authority of the district to require and collect a mandatory payment under Section 298B.154 after December 31, 2019, if necessary.

SUBCHAPTER B. POWERS AND DUTIES OF BOARD

Sec. 298B.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY PAYMENT. The board may require a mandatory payment authorized under this chapter by an institutional health care provider in the district only in the manner provided by this chapter.

Sec. 298B.052. RULES AND PROCEDURES. The board may adopt rules relating to the administration of the program, including collection of the mandatory payments, expenditures, audits, and any other administrative aspects of the program.

Sec. 298B.053. INSTITUTIONAL HEALTH CARE PROVIDER REPORTING. If the board authorizes the district to participate in a program under this chapter, the board shall require each institutional health care provider to submit to the district a copy of any financial and utilization data required by and reported to the Department of State Health Services under Sections 311.032 and 311.033 and any rules adopted by the executive commissioner of the Health and Human Services Commission to implement those sections.

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS

Sec. 298B.101. HEARING. (a) In each year that the board authorizes a program under this chapter, the board shall hold a public hearing on the amounts of any mandatory payments that the board intends to require during the year and how the revenue derived from those payments is to be spent.

(b) Not later than the fifth day before the date of the hearing required under Subsection (a), the board shall publish notice of the hearing in a newspaper of general circulation in the district and provide written notice of the hearing to each institutional health care provider in the district.

Sec. 298B.102. DEPOSITORY. (a) If the board requires a mandatory payment authorized under this chapter, the board shall designate one or more banks as a depository for the district's local provider participation fund.

(b) All funds collected under this chapter shall be secured in the manner provided for securing other district funds.

Sec. 298B.103. LOCAL PROVIDER PARTICIPATION FUND; AUTHORIZED USES OF MONEY. (a) If the district requires a mandatory payment authorized under this chapter, the district shall create a local provider participation fund.

(b) The local provider participation fund consists of:

(1) all revenue received by the district attributable to mandatory payments authorized under this chapter;

(2) money received from the Health and Human Services Commission as a refund of an intergovernmental transfer under the program, provided that the intergovernmental transfer does not receive a federal matching payment; and

(3) the earnings of the fund.

(1) fund intergovernmental transfers from the district to the state to provide the nonfederal share of Medicaid payments for:

(A) uncompensated care payments to nonpublic hospitals affiliated with the district, if those payments are authorized under the Texas Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315);

(B) uniform rate enhancements for nonpublic hospitals in the Medicaid managed care service area in which the district is located;

(C) payments available under another waiver program authorizing payments that are substantially similar to Medicaid payments to nonpublic hospitals described by Paragraph (A) or (B); or

(D) any reimbursement to nonpublic hospitals for which federal matching funds are available;

(2) subject to Section 298B.151(d), pay the administrative expenses of the district in administering the program, including collateralization of deposits;

(3) refund a mandatory payment collected in error from a paying provider;

(4) refund to paying providers a proportionate share of the money that the district:

(A) receives from the Health and Human Services Commission that is not used to fund the nonfederal share of Medicaid supplemental payment program payments; or

(B) determines cannot be used to fund the nonfederal share of Medicaid supplemental payment program payments;

(5) transfer funds to the Health and Human Services Commission if the district is legally required to transfer the funds to address a disallowance of federal matching funds with respect to programs for which the district made intergovernmental transfers described by Subdivision (1); and

(6) reimburse the district if the district is required by the rules governing the uniform rate enhancement program described by Subdivision (1)(B) to incur an expense or forego Medicaid reimbursements from the state because the balance of the local provider participation fund is not sufficient to fund that rate enhancement program.

(d) Money in the local provider participation fund may not be commingled with other district funds.

(e) Notwithstanding any other provision of this chapter, with respect to an intergovernmental transfer of funds described by Subsection (c)(1) made by the district, any funds received by the state, district, or other entity as a result of that transfer may not be used by the state, district, or any other entity to:

(1) expand Medicaid eligibility under the 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); or

(2) fund the nonfederal share of payments to nonpublic hospitals available through the Medicaid disproportionate share hospital program or the delivery system reform incentive payment program.

SUBCHAPTER D. MANDATORY PAYMENTS

Sec. 298B.151. MANDATORY PAYMENTS BASED ON PAYING PROVIDER NET PATIENT REVENUE. (a) Except as provided by Subsection (e), if the board authorizes a health care provider participation program under this chapter, the board may require an annual mandatory payment to be assessed on the net patient revenue of each institutional health care provider located in the district. The board may provide for the mandatory payment to be assessed quarterly. In the first year in which the mandatory payment is required, the mandatory payment is assessed on the net patient revenue of an institutional health care provider as determined by the data reported to the Department of State Health Services under Sections 311.032 and 311.033 in the most recent fiscal year for which that data was reported. If the institutional health care provider did not report any data under those sections, the provider's net patient revenue is the amount of that revenue as contained in the provider's Medicare cost report submitted for the previous fiscal year or for the closest subsequent fiscal year for which the provider submitted the Medicare cost report. If the mandatory payment is required, the district shall update the amount of the mandatory payment on an annual basis.

(b) The amount of a mandatory payment authorized under this chapter must be uniformly proportionate with the amount of net patient revenue generated by each paying provider in the district as permitted under federal law. A health care provider participation program authorized under this chapter may not hold harmless any institutional health care provider, as required under 42 U.S.C. Section 1396b(w).

(c) If the board requires a mandatory payment authorized under this chapter, the board shall set the amount of the mandatory payment, subject to the limitations of this chapter. The aggregate amount of the mandatory payments required of all paying providers in the district may not exceed six percent of the aggregate net patient revenue from hospital services provided by all paying providers in the district.

(d) Subject to Subsection (c), if the board requires a mandatory payment authorized under this chapter, the board shall set the mandatory payments in amounts that in the aggregate will generate sufficient revenue to cover the administrative expenses of the district for activities under this chapter and to fund an intergovernmental transfer described by Section 298B.103(c)(1). The annual amount of revenue from mandatory payments that shall be paid for administrative expenses by the district is $150,000, plus the cost of collateralization of deposits, regardless of actual expenses.

(e) A paying provider may not add a mandatory payment required under this section as a surcharge to a patient.

(f) A mandatory payment assessed under this chapter is not a tax for hospital purposes for purposes of Section 4, Article IX, Texas Constitution, or Section 281.045.

Sec. 298B.152. ASSESSMENT AND COLLECTION OF MANDATORY PAYMENTS. (a) The district may designate an official of the district or contract with another person to assess and collect the mandatory payments authorized under this chapter.

(b) The person charged by the district with the assessment and collection of mandatory payments shall charge and deduct from the mandatory payments collected for the district a collection fee in an amount not to exceed the person's usual and customary charges for like services.

(c) If the person charged with the assessment and collection of mandatory payments is an official of the district, any revenue from a collection fee charged under Subsection (b) shall be deposited in the district general fund and, if appropriate, shall be reported as fees of the district.

Sec. 298B.153. PURPOSE; CORRECTION OF INVALID PROVISION OR PROCEDURE; LIMITATION OF AUTHORITY. (a) The purpose of this chapter is to authorize the district to establish a program to enable the district to collect mandatory payments from institutional health care providers to fund the nonfederal share of a Medicaid supplemental payment program or the Medicaid managed care rate enhancements for nonpublic hospitals to support the provision of health care by institutional health care providers to district residents in need of health care.

(b) This chapter does not authorize the district to collect mandatory payments for the purpose of raising general revenue or any amount in excess of the amount reasonably necessary to fund the nonfederal share of a Medicaid supplemental payment program or Medicaid managed care rate enhancements for nonpublic hospitals and to cover the administrative expenses of the district associated with activities under this chapter.

(c) To the extent any provision or procedure under this chapter causes a mandatory payment authorized under this chapter to be ineligible for federal matching funds, the board may provide by rule for an alternative provision or procedure that conforms to the requirements of the federal Centers for Medicare and Medicaid Services. A rule adopted under this section may not create, impose, or materially expand the legal or financial liability or responsibility of the district or an institutional health care provider in the district beyond the provisions of this chapter. This section does not require the board to adopt a rule.

(d) The district may only assess and collect a mandatory payment authorized under this chapter if a waiver program, uniform rate enhancement, or reimbursement described by Section 298B.103(c)(1) is available to the district.

Sec. 298B.154. FEDERAL DISALLOWANCE. Notwithstanding any other provision of this chapter, if the Centers for Medicare and Medicaid Services issues a disallowance of federal matching funds for a purpose for which intergovernmental transfers described by Section 298B.103(c)(1) were made and the Health and Human Services Commission demands repayment from the district of federal funds paid to the district for that purpose, the district may require and collect mandatory payments from each paying provider that received those federal funds in an amount sufficient to satisfy the repayment demand made by the commission. The percentage limitation prescribed by Section 298B.151(c) does not apply to a mandatory payment required under this section.

SECTION 29. As soon as practicable after the expiration of the authority of the Tarrant County Hospital District to administer and operate a health care provider participation program under Chapter 298B, Health and Safety Code, as added by this Act, the board of hospital managers of the Tarrant County Hospital District shall transfer to each institutional health care provider in the district that provider's proportionate share of any remaining funds in any local provider participation fund created by the district under Section 298B.103, Health and Safety Code, as added by this Act.

SECTION 30. If before implementing any provision of Chapter 298B, Health and Safety Code, as added by this Act, a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

Explanation: The added language is necessary to allow the Tarrant County Hospital District to create and operate a health care provider participation program in Tarrant County.

HR 2597 was adopted by (Record 1969): 138 Yeas, 7 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Biedermann; Cain; Lang; Rinaldi; Schaefer; Swanson; Tinderholt.

Present, not voting — Mr. Speaker(C).

Absent — Dukes; Elkins; Murphy; Uresti.

STATEMENTS OF VOTE

When Record No. 1969 was taken, I was in the house but away from my desk. I would have voted yes.

Murphy

When Record No. 1969 was taken, I was shown voting no. I intended to vote yes.

Tinderholt

SB 1462 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Lucio submitted the conference committee report on SB 1462.

Representative Lucio moved to adopt the conference committee report on SB 1462.

The motion to adopt the conference committee report on SB 1462 prevailed by (Record 1970): 134 Yeas, 12 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schubert; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Bonnen, D.; Burrows; Cain; Lang; Leach; Rinaldi; Sanford; Schaefer; Schofield; Shaheen; Swanson; Tinderholt.

Present, not voting — Mr. Speaker(C).

Absent — Dukes; Gutierrez; Krause.

STATEMENT OF VOTE

When Record No. 1970 was taken, my vote failed to register. I would have voted no.

Krause

SB 1172 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Geren submitted the conference committee report on SB 1172.

Representative Geren moved to adopt the conference committee report on SB 1172.

The motion to adopt the conference committee report on SB 1172 prevailed by (Record 1971): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent — Burrows; Dukes; Schofield; White.

STATEMENT OF VOTE

When Record No. 1971 was taken, I was in the house but away from my desk. I would have voted yes.

White

HB 501 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Capriglione submitted the following conference committee report on HB 501:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 501 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

V. Taylor

Capriglione

Birdwell

Clardy

Bettencourt

S. Davis

Lucio

Moody

Hughes

Phillips

On the part of the senate

On the part of the house

HB 501, A bill to be entitled An Act relating to personal financial statements filed by public officers and candidates, including the disclosure of certain contracts, agreements, services, and compensation in and the amendment of those statements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 572.023, Government Code, is amended by amending Subsection (b) and adding Subsections (e), (f), and (g) to read as follows:

(b) The account of financial activity consists of:

(1) a list of all sources of occupational income, identified by employer, or if self-employed, by the nature of the occupation, including identification of a person or other organization from which the individual or a business in which the individual has a substantial interest received a fee as a retainer for a claim on future services in case of need, as distinguished from a fee for services on a matter specified at the time of contracting for or receiving the fee, if professional or occupational services are not actually performed during the reporting period equal to or in excess of the amount of the retainer, and the category of the amount of the fee;

(2) identification by name and the category of the number of shares of stock of any business entity held or acquired, and if sold, the category of the amount of net gain or loss realized from the sale;

(3) a list of all bonds, notes, and other commercial paper held or acquired, and if sold, the category of the amount of net gain or loss realized from the sale;

(4) identification of each source and the category of the amount of income in excess of $500 derived from each source from interest, dividends, royalties, and rents;

(5) identification of each guarantor of a loan and identification of each person or financial institution to whom a personal note or notes or lease agreement for a total financial liability in excess of $1,000 existed at any time during the year and the category of the amount of the liability;

(6) identification by description of all beneficial interests in real property and business entities held or acquired, and if sold, the category of the amount of the net gain or loss realized from the sale;

(7) identification of a person or other organization from which the individual or the individual's spouse or dependent children received a gift of anything of value in excess of $250 and a description of each gift, except:

(A) a gift received from an individual related to the individual at any time within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573;

(B) a political contribution that was reported as required by Chapter 254, Election Code; and

(8) identification of the source and the category of the amount of all income received as beneficiary of a trust, other than a blind trust that complies with Subsection (c), and identification of each trust asset, if known to the beneficiary, from which income was received by the beneficiary in excess of $500;

(9) identification:

(A) by description of a corporation, firm, partnership, limited partnership, limited liability partnership, professional corporation, professional association, joint venture, or other business association in which five percent or more of the outstanding ownership was held, acquired, or sold; and

(B) by description and the category of the amount of all assets and liabilities of a corporation, firm, partnership, limited partnership, limited liability partnership, professional corporation, professional association, joint venture, or other business association in which 50 percent or more of the outstanding ownership was held, acquired, or sold;

(10) a list of all boards of directors of which the individual is a member and executive positions that the individual holds in corporations, firms, partnerships, limited partnerships, limited liability partnerships, professional corporations, professional associations, joint ventures, or other business associations or proprietorships, stating the name of each corporation, firm, partnership, limited partnership, limited liability partnership, professional corporation, professional association, joint venture, or other business association or proprietorship and the position held;

(11) identification of any person providing transportation, meals, or lodging expenses permitted under Section 36.07(b), Penal Code, and the amount of those expenses, other than expenditures required to be reported under Chapter 305;

(12) any corporation, firm, partnership, limited partnership, limited liability partnership, professional corporation, professional association, joint venture, or other business association, excluding a publicly held corporation, in which both the individual and a person registered under Chapter 305 have an interest;

(13) identification by name and the category of the number of shares of any mutual fund held or acquired, and if sold, the category of the amount of net gain or loss realized from the sale; [~~and~~]

(14) identification of each blind trust that complies with Subsection (c), including:

(A) the category of the fair market value of the trust;

(B) the date the trust was created;

(D) a statement signed by the trustee, under penalty of perjury, stating that:

(i) the trustee has not revealed any information to the individual, except information that may be disclosed under Subdivision (8); and

(ii) to the best of the trustee's knowledge, the trust complies with this section;

(15) if the aggregate cost of goods or services sold under one or more written contracts described by this subdivision exceeds $10,000 in the year covered by the report, identification of each written contract, including the name of each party to the contract:

(A) for the sale of goods or services in the amount of $2,500 or more;

(B) to which the individual, the individual's spouse, the individual's dependent child, or any business entity of which the individual, the individual's spouse, or the individual's dependent child, independently or in conjunction with one or more persons described by this subsection, has at least a 50 percent ownership interest is a party; and

(i) a governmental entity; or

(ii) a person who contracts with a governmental entity, if the individual or entity described by Paragraph (B) performs work arising out of the contract, subcontract, or agreement between the person and the governmental entity for a fee; and

(16) if the individual is a member of the legislature and provides bond counsel services to an issuer, as defined by Section 1201.002(1), identification of the following for each issuance for which the individual served as bond counsel:

(A) the amount of the issuance;

(B) the name of the issuer;

(D) the amount of fees paid to the individual, and whether the amount is:

(i) less than $5,000;

(ii) at least $5,000 but less than $10,000;

(iii) at least $10,000 but less than $25,000; or

(iv) $25,000 or more; and

(E) the amount of fees paid to the individual's firm, if applicable, and whether the amount is:

(i) less than $5,000;

(ii) at least $5,000 but less than $10,000;

(iii) at least $10,000 but less than $25,000; or

(iv) $25,000 or more.

(e) In this section, "governmental entity" means this state, a political subdivision of the state, or an agency or department of the state or a political subdivision of the state.

(f) Subsection (b)(15) does not require the disclosure of an employment contract between a school district or open-enrollment charter school and an employee of the district or school.

(g) An individual who complies with any applicable requirements of Sections 51.954 and 51.955, Education Code, and Section 2252.908 of this code, in an individual capacity or as a member or employee of an entity to which those sections apply, is not required to include in the account of financial activity the information described by Subsection (b)(15) unless specifically requested by the commission to include the information.

SECTION 2. Subchapter B, Chapter 572, Government Code, is amended by adding Section 572.0295 to read as follows:

Sec. 572.0295. AMENDMENT OF FINANCIAL STATEMENT. (a) A person who files a financial statement under this chapter may amend the person's statement.

(b) A financial statement that is amended is considered to have been filed on the date on which the original statement was filed if:

(1) the amendment is made on or before the 14th day after the date the person filing the statement learns of an error or omission in the original statement;

(2) the original financial statement was made in good faith and without an intent to mislead or to misrepresent the information contained in the statement; and

(3) the person filing the amendment accompanies the amendment with a declaration that:

(A) the person became aware of the error or omission in the original statement during the preceding 14 days; and

(B) the original statement was made in good faith and without intent to mislead or to misrepresent the information contained in the statement.

SECTION 3. The changes in law made by this Act to Subchapter B, Chapter 572, Government Code, apply only to a financial statement filed under Subchapter B, Chapter 572, Government Code, as amended by this Act, on or after January 8, 2019. A financial statement filed before January 8, 2019, is governed by the law in effect on the date of filing, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect January 8, 2019.

Representative Capriglione moved to adopt the conference committee report on HB 501.

The motion to adopt the conference committee report on HB 501 prevailed by (Record 1972): 148 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Canales.

Present, not voting — Mr. Speaker(C).

STATEMENT OF VOTE

When Record No. 1972 was taken, I was shown voting no. I intended to vote yes.

Canales

HB 810 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Parker submitted the following conference committee report on HB 810:

Austin, Texas, May 26, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 810 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Menéndez

Springer

Perry

Geren

Schwertner

Coleman

V. Taylor

Zerwas

Bettencourt

Parker

On the part of the senate

On the part of the house

HB 810, A bill to be entitled An Act relating to the provision of certain investigational stem cell treatments to patients with certain severe chronic diseases or terminal illnesses and regulating the possession, use, and transfer of adult stem cells; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as Charlie's Law.

SECTION 2. Chapter 1003, Health and Safety Code, is amended by designating Sections 1003.001, 1003.002, and 1003.003 as Subchapter A and adding a subchapter heading to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 3. Chapter 1003, Health and Safety Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. PROVISION OF INVESTIGATIONAL STEM CELL TREATMENTS TO PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES

Sec. 1003.051. DEFINITIONS. In this subchapter:

(1) "Investigational stem cell treatment" means an adult stem cell treatment that:

(A) is under investigation in a clinical trial and being administered to human participants in that trial; and

(B) has not yet been approved for general use by the United States Food and Drug Administration.

(2) "Severe chronic disease" means a condition, injury, or illness that:

(A) may be treated;

(B) is never cured or eliminated; and

(3) "Terminal illness" means an advanced stage of a disease with an unfavorable prognosis that, without life-sustaining procedures, will soon result in death or a state of permanent unconsciousness from which recovery is unlikely.

Sec. 1003.052. RULES. The executive commissioner shall adopt rules designating the medical conditions that constitute a severe chronic disease or terminal illness for purposes of this subchapter.

Sec. 1003.053. PATIENT ELIGIBILITY. A patient is eligible to access and use an investigational stem cell treatment under this subchapter if:

(1) the patient has a severe chronic disease or terminal illness listed in the rules adopted under Section 1003.052 and attested to by the patient's treating physician; and

(2) the patient's physician:

(A) in consultation with the patient, has considered all other treatment options currently approved by the United States Food and Drug Administration and determined that those treatment options are unavailable or unlikely to alleviate the significant impairment or severe pain associated with the severe chronic disease or terminal illness; and

(B) has recommended or prescribed in writing that the patient use a specific class of investigational stem cell treatment.

Sec. 1003.054. INFORMED CONSENT. (a) Before receiving an investigational stem cell treatment, an eligible patient must sign a written informed consent.

(b) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent, guardian, or conservator may provide informed consent on the patient's behalf.

Sec. 1003.055. TREATMENT REQUIREMENTS; TEXAS MEDICAL BOARD RULES. (a) Treatment provided under this subchapter must be:

(1) administered directly by a physician certified under Subsection (c);

(2) overseen by an institutional review board described by Subsection (d); and

(3) provided at:

(A) a hospital licensed under Chapter 241;

(B) an ambulatory surgical center licensed under Chapter 243; or

(b) A physician administering an investigational stem cell treatment under this subchapter shall comply with all applicable Texas Medical Board rules.

(c) An institutional review board described by Subsection (d) may certify a physician to provide an investigational stem cell treatment under this subchapter.

(d) An institutional review board that oversees investigational stem cell treatments administered under this subchapter must be affiliated with:

(1) a medical school, as defined by Section 61.501, Education Code; or

(2) a hospital licensed under Chapter 241 that has at least 150 beds.

(e) The Texas Medical Board may adopt rules regarding institutional review boards as necessary to implement this section.

Sec. 1003.056. EFFECT ON OTHER LAW. (a) This subchapter does not affect the coverage of enrollees in clinical trials under Chapter 1379, Insurance Code.

(b) This subchapter does not affect or authorize a person to violate any law regulating the possession, use, or transfer of fetal tissue, fetal stem cells, adult stem cells, or human organs, including Sections 48.02 and 48.03, Penal Code.

Sec. 1003.057. ACTION AGAINST PHYSICIAN'S LICENSE PROHIBITED. Notwithstanding any other law, the Texas Medical Board may not revoke, fail to renew, suspend, or take any action against a physician's license under Subchapter B, Chapter 164, Occupations Code, based solely on the physician's recommendations to an eligible patient regarding access to or use of an investigational stem cell treatment, provided that the care provided or recommendations made to the patient meet the standard of care and the requirements of this subchapter.

Sec. 1003.058. GOVERNMENTAL INTERFERENCE PROHIBITED. (a) In this section, "governmental entity" means this state or an agency or political subdivision of this state.

(b) A governmental entity or an officer, employee, or agent of a governmental entity may not interfere with an eligible patient's access to or use of a stem cell treatment authorized under this subchapter.

Sec. 1003.059. INSTITUTIONAL REVIEW BOARD DOCUMENTATION; REPORT. (a) An institutional review board overseeing an investigational stem cell treatment under this subchapter shall keep a record on each person to whom a physician administers the treatment and document in the record the provision of each treatment and the effects of the treatment on the person throughout the period the treatment is administered to the person.

(b) Each institutional review board overseeing an investigational stem cell treatment under this subchapter shall submit an annual report to the Texas Medical Board on the review board's findings based on records kept under Subsection (a). The report may not include any patient identifying information and must be made available to the public in both written and electronic form.

SECTION 4. Chapter 48, Penal Code, is amended by adding Section 48.03 to read as follows:

Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS. (a) In this section:

(1) "Adult stem cell" means an undifferentiated cell that is:

(A) found in differentiated tissue; and

(B) able to renew itself and differentiate to yield all or nearly all of the specialized cell types of the tissue from which the cell originated.

(2) "Investigational stem cell treatment" means an adult stem cell treatment that:

(A) is under investigation in a clinical trial and being administered to human participants in that trial; and

(B) has not yet been approved for general use by the United States Food and Drug Administration.

(b) A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any adult stem cells for valuable consideration for use in an investigational stem cell treatment.

(1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services;

(2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational stem cell treatment; or

(3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of adult stem cells in connection with the donation of the adult stem cells.

(d) It is an exception to the application of this section that the actor engaged in conduct authorized under Chapter 162, Health and Safety Code.

(e) A violation of this section is a Class A misdemeanor.

SECTION 5. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement Subchapter B, Chapter 1003, Health and Safety Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2017.

HB 810 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE PARKER: I want to thank you so much for your support of this legislation. This is all dealing with the topic of adult stem cells and providing greater access to Texans in need, so I think it will provide tremendous benefit for Texans suffering with any kind of medical condition going forward. We had a very productive conference with the senate. We just cleared up, if you will, one amendment that was dealing with Part 1271 of the CFR. Specifically, I will share with you for legislative intent that we now have the IRB structure underneath the domain, if you will, of the Texas Medical Board. It is our hope and direction to TMB that they will work to make certain that this bill becomes reality and work closely with us.

Representative Parker moved to adopt the conference committee report on HB 810.

The motion to adopt the conference committee report on HB 810 prevailed by (Record 1973): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Paddie; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent — Anderson, C.; Dukes; Laubenberg; Ortega.

REMARKS ORDERED PRINTED

Representative Stickland moved to print remarks by Representative Parker.

The motion prevailed.

(Paddie in the chair)

HB 3879 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Goldman submitted the following conference committee report on HB 3879:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3879 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hancock

Goldman

Creighton

Herrero

Estes

Shine

Whitmire

Geren

On the part of the senate

On the part of the house

HB 3879, A bill to be entitled An Act relating to nonlawyer representation in an appeal of an eviction suit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 24.011, Property Code, is amended to read as follows:

Sec. 24.011. NONLAWYER REPRESENTATION. (a) In eviction suits in justice court for nonpayment of rent or holding over beyond a rental term, the parties may represent themselves or be represented by their authorized agents, who need not be attorneys. In any eviction suit in justice court, an authorized agent requesting or obtaining a default judgment need not be an attorney.

(b) In an appeal of an eviction suit for nonpayment of rent in a county or district court, an owner of a multifamily residential property may be represented by the owner's authorized agent, who need not be an attorney, or, if the owner is a corporation or other entity, by an employee, owner, officer, or partner of the entity, who need not be an attorney.

SECTION 2. The change in law made by this Act applies only to an appeal taken on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2017.

Representative Goldman moved to adopt the conference committee report on HB 3879.

The motion to adopt the conference committee report on HB 3879 prevailed by (Record 1974): 144 Yeas, 0 Nays, 4 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Present, not voting — Mr. Speaker; Murr; Paddie(C); Schofield.

Absent — Dukes; Price.

HB 2101 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Frullo submitted the following conference committee report on HB 2101:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2101 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Creighton

Frullo

Estes

Herrero

L. Taylor

Kuempel

Whitmire

Paddie

S. Thompson

On the part of the senate

On the part of the house

HB 2101, A bill to be entitled An Act relating to the issuance of a food and beverage certificate to holders of certain alcoholic beverage permits and licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.13, Alcoholic Beverage Code, is amended by amending Subsections (a), (b), and (d) and adding Subsections (a-1) and (b-1) to read as follows:

(a) In this section, "location" means the designated physical address of the wine and beer retailer's permit and includes all areas at the address where the permit holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.

(a-1) A holder of a wine and beer retailer's permit may be issued a food and beverage certificate by the commission if the commission finds that the receipts from the sale of alcoholic beverages by the permit holder at the location are 60 percent or less of the total receipts from the location [~~food service is the primary business being operated on the premises by the permittee~~].

(b) A [~~An applicant or holder of a~~] food and beverage certificate may not be issued unless the location has permanent [~~shall have~~] food service facilities for the preparation and service of multiple entrees for consumption at the location.

(b-1) The commission shall adopt rules requiring [~~as necessary to assure that~~] the holder of a food and beverage certificate to assure that permanent [~~maintains~~] food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location [~~as the primary business on the premises for which a food and beverage certificate has been issued~~]. The commission may exempt permittees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b) [~~the requirement that food service be the primary business on the premises~~].

(d) A certificate issued under this section expires on the expiration of the primary wine and beer retailer's permit. A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1) [not operating primarily as a food service establishment. For the purposes of this section, it shall be presumed that a permittee is not primarily operating as a food service establishment if alcohol sales are in excess of 50 percent of the gross receipts of the premises]. On [~~The commission may impose a fine not to exceed $5,000 on the holder of a food and beverage certificate not operating as a food service establishment and may, upon~~] finding that the permittee knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the permittee's wine and beer retailer's permit. The holder of a wine and beer retailer's permit whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied.

SECTION 2. Section 28.18, Alcoholic Beverage Code, is amended by amending Subsections (a), (b), and (e) and adding Subsections (a-1) and (b-1) to read as follows:

(a) In this section, "location" means the designated physical address of the mixed beverage permit and includes all areas at the address where the permit holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.

(a-1) A holder of a mixed beverage permit may be issued a food and beverage certificate by the commission if the commission finds that the [~~gross~~] receipts from the sale of alcoholic [~~of mixed~~] beverages [~~sold~~] by the permit holder at the location are 60 [50] percent or less of the total [~~gross~~] receipts from the location [~~premises~~].

(b-1) The commission shall adopt rules requiring [~~as necessary to assure that~~] the holder of a food and beverage certificate to assure that permanent [~~maintains~~] food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location [~~on the premises for which a food and beverage certificate has been issued~~]. The commission may exempt permittees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b).

(e) A certificate issued under this section expires on the expiration of the primary mixed beverage permit. A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1). On finding that the permittee knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the permittee's mixed beverage permit. A mixed beverage permit issued in an area where the legal sale of mixed beverages was authorized by a local option election under Section 501.035(b)(9), Election Code, is canceled by operation of law if the food and beverage certificate is canceled or is not renewed. The [A] holder of a mixed beverage permit whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied [~~determination of the comptroller under Subsection (d)~~].

SECTION 3. Section 32.23, Alcoholic Beverage Code, is amended by amending Subsections (a), (b), and (e) and adding Subsections (a-1) and (b-1) to read as follows:

(a) In this section, "location" means the designated physical address of the private club registration permit and includes all areas at the address where the permit holder may serve or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.

(a-1) A holder of a private club registration permit may be issued a food and beverage certificate by the commission if the commission finds that the [~~gross~~] receipts from the service of alcoholic [~~mixed~~] beverages [~~served~~] by the permit holder at the location are 60 [50] percent or less of the total [~~gross~~] receipts from the location [~~premises~~].

(b-1) The commission shall adopt rules requiring [~~as necessary to assure that~~] the holder of a food and beverage certificate to assure that permanent [~~maintains~~] food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location [~~on the premises for which a food and beverage certificate has been issued~~]. The commission may exempt permittees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b).

(e) A certificate issued under this section expires on the expiration of the primary private club registration permit. A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1). On finding that the permittee knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the permittee's private club registration permit. The [A] holder of a private club registration permit whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied [~~determination of the comptroller under Subsection (d)~~].

SECTION 4. Section 69.16, Alcoholic Beverage Code, is amended by amending Subsections (a), (b), and (d) and adding Subsections (a-1) and (b-1) to read as follows:

(a) In this section, "location" means the designated physical address of the retail dealer's on-premise license and includes all areas at the address where the license holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.

(a-1) A holder of a retail dealer's on-premise license may be issued a food and beverage certificate by the commission if the commission finds that the receipts from the sale of alcoholic beverages by the license holder at the location are 60 percent or less of the total receipts from the location [~~food service is the primary business being operated on the premises by the permittee~~].

(b-1) The commission shall adopt rules requiring [~~as necessary to assure that~~] the holder of a food and beverage certificate to assure that permanent [~~maintains~~] food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location [~~as the primary business on the premises for which a food and beverage certificate has been issued~~]. The commission may exempt licensees [~~permittees~~] who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b) [~~the requirement that food service be the primary business on the premises~~].

(d) A certificate issued under this section expires on the expiration of the primary retail dealer's on-premise license. A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1) [not operating primarily as a food service establishment. For the purposes of this section, it shall be presumed that a permittee is not primarily operating as a food service establishment if alcohol sales are in excess of 50 percent of the gross receipts of the premises]. On [~~The commission may impose a fine not to exceed $5,000 on the holder of a food and beverage certificate not operating as a food service establishment and may, upon~~] finding that the licensee [~~permittee~~] knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the licensee's retail dealer's on-premise license. The holder of a retail dealer's on-premise license whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied.

SECTION 5. Sections 28.18(d) and 32.23(d), Alcoholic Beverage Code, are repealed.

SECTION 6. (a) As soon as practicable after the effective date of this Act, the Texas Alcoholic Beverage Commission shall adopt the rules necessary to implement this Act.

(b) The changes in law made by this Act apply only to an application for a food and beverage certificate that is filed on or after the effective date of the rules adopted under Subsection (a) of this section.

SECTION 7. This Act takes effect September 1, 2017.

Representative Frullo moved to adopt the conference committee report on HB 2101.

The motion to adopt the conference committee report on HB 2101 prevailed by (Record 1975): 147 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes.

SB 2227 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Martinez submitted the conference committee report on SB 2227.

Representative Martinez moved to adopt the conference committee report on SB 2227.

The motion to adopt the conference committee report on SB 2227 prevailed by (Record 1976): 115 Yeas, 24 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Burkett; Burns; Canales; Capriglione; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Elkins; Faircloth; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schubert; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Thierry; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Wray; Wu; Zerwas.

Nays — Anderson, R.; Biedermann; Bonnen, D.; Bonnen, G.; Burrows; Cain; Clardy; Cyrier; Dean; Fallon; Goldman; Hefner; Holland; Lang; Leach; Murr; Rinaldi; Schaefer; Schofield; Shaheen; Stickland; Swanson; Tinderholt; Zedler.

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

Absent — Button; Dukes; Dutton; Keough; Longoria; Pickett; Sanford; Thompson, E.; Workman.

STATEMENTS OF VOTE

When Record No. 1976 was taken, my vote failed to register. I would have voted no.

Button

When Record No. 1976 was taken, I was shown voting yes. I intended to vote no.

Isaac

When Record No. 1976 was taken, I was in the house but away from my desk. I would have voted no.

Keough

When Record No. 1976 was taken, I was shown voting yes. I intended to vote no.

Wilson

HB 3083 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Price submitted the following conference committee report on HB 3083:

Austin, Texas, May 26, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3083 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hinojosa

Price

Buckingham

Larson

Huffman

S. Thompson

Nelson

Darby

Watson

Raymond

On the part of the senate

On the part of the house

HB 3083, A bill to be entitled An Act relating to repayment of certain mental health professional education loans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 61.601, Education Code, is amended to read as follows:

Sec. 61.601. DEFINITION. In this subchapter, "mental health professional" means:

(1) a licensed physician who is:

(A) a graduate of an accredited psychiatric residency training program; or

(B) certified in psychiatry by:

(i) the American Board of Psychiatry and Neurology; or

(ii) the American Osteopathic Board of Neurology and Psychiatry;

(2) a psychologist, as defined by Section 501.002, Occupations Code;

(3) a licensed professional counselor, as defined by Section 503.002, Occupations Code;

(4) an advanced practice registered nurse, as defined by Section 301.152, Occupations Code, who holds a nationally recognized board certification in psychiatric or mental health nursing; [~~and~~]

(5) a licensed clinical social worker, as defined by Section 505.002, Occupations Code; and

(6) a chemical dependency counselor, as defined by Section 504.001, Occupations Code.

SECTION 2. Section 61.604, Education Code, is amended by adding Subsection (d) to read as follows:

(d) Notwithstanding Subsection (c), if in a state fiscal year not all funds available for purposes of the program are used, the board may allocate any unused funds to award repayment assistance grants to mental health professionals in any of the professions listed in Section 61.601.

SECTION 3. Section 61.607(b), Education Code, is amended to read as follows:

(b) The total amount of repayment assistance received by a mental health professional under this subchapter may not exceed:

(1) $160,000, for assistance from the state received by a licensed physician;

(2) $80,000, for assistance from the state received by:

(A) a psychologist;

(B) a licensed clinical social worker, if the social worker has received a doctoral degree related to social work; or

(3) $60,000, for assistance from the state received by an advanced practice registered nurse; [~~and~~]

(4) $40,000, for assistance from the state received by a licensed clinical social worker or a licensed professional counselor who is not described by Subdivision (2); and

(5) $10,000, for assistance from the state received by a licensed chemical dependency counselor, if the chemical dependency counselor has received an associate degree related to chemical dependency counseling or behavioral science.

SECTION 4. The heading to Section 61.608, Education Code, is amended to read as follows:

Sec. 61.608. RULES; ADMINISTRATION.

SECTION 5. Section 61.608, Education Code, is amended by adding Subsections (c) and (d) to read as follows:

(c) The board shall adopt rules establishing a process for allocating any unused funds under the program in accordance with Section 61.604(d).

(d) The board shall administer the program under this subchapter in a manner that maximizes any matching funds available through the state loan repayment program under the National Health Service Corps program of the United States Department of Health and Human Services Health Resources and Services Administration.

SECTION 6. Section 61.609, Education Code, is amended to read as follows:

Sec. 61.609. SOLICITATION AND ACCEPTANCE OF FUNDS. (a) The board may solicit and accept gifts and grants from any public or private source for the purposes of this subchapter.

(b) The board annually shall seek the maximum amount of funds available through the state loan repayment program under the National Health Service Corps program of the United States Department of Health and Human Services Health Resources and Services Administration.

SECTION 7. This Act takes effect September 1, 2017.

Representative Price moved to adopt the conference committee report on HB 3083.

The motion to adopt the conference committee report on HB 3083 prevailed by (Record 1977): 128 Yeas, 18 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schubert; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Workman; Wray; Wu; Zerwas.

Nays — Anderson, R.; Biedermann; Bonnen, D.; Cain; Fallon; Keough; Krause; Lang; Rinaldi; Sanford; Schaefer; Schofield; Shaheen; Stickland; Swanson; Tinderholt; Wilson; Zedler.

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

Absent — Dukes; Gutierrez.

HB 1521 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative White submitted the following conference committee report on HB 1521:

Austin, Texas, May 26, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1521 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Whitmire

White

Birdwell

Hinojosa

Burton

Keough

Hughes

Romero

Garcia

Wilson

On the part of the senate

On the part of the house

HB 1521, A bill to be entitled An Act relating to the exchange of certain information between the Department of Family and Protective Services or certain foster care services contractors and a state or local juvenile justice agency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 58.0052, Family Code, is amended by amending Subsection (a) and adding Subsections (b-1) and (b-2) to read as follows:

(a) In this section:

(1) "Juvenile justice agency" has the meaning assigned by Section 58.101.

(2) "Juvenile service provider" has the meaning assigned by Section 58.0051.

(3) [~~(2)~~] "Multi-system youth" means a person who:

(A) is younger than 19 years of age; and

(B) has received services from two or more juvenile service providers.

(4) [~~(3)~~] "Personal health information" means personally identifiable information regarding a multi-system youth's physical or mental health or the provision of or payment for health care services, including case management services, to a multi-system youth. The term does not include clinical psychological notes or substance abuse treatment information.

(b-1) At the request of a state or local juvenile justice agency, the Department of Family and Protective Services or a single source continuum contractor who contracts with the department to provide foster care services shall, not later than the 14th business day after the date of the request, share with the juvenile justice agency information in the possession of the department or contractor that is necessary to improve and maintain community safety or that assists the agency in the continuation of services for or providing services to a multi-system youth who:

(1) is or has been in the temporary or permanent managing conservatorship of the department;

(2) is or was the subject of a family-based safety services case with the department;

(3) has been reported as an alleged victim of abuse or neglect to the department;

(4) is the perpetrator in a case in which the department investigation concluded that there was a reason to believe that abuse or neglect occurred; or

(5) is a victim in a case in which the department investigation concluded that there was a reason to believe that abuse or neglect occurred.

(b-2) At the request of the Department of Family and Protective Services or a single source continuum contractor who contracts with the department to provide foster care services, a state or local juvenile justice agency shall share with the department or contractor information in the possession of the juvenile justice agency that is necessary to improve and maintain community safety or that assists the department or contractor in the continuation of services for or providing services to a multi-system youth who is or has been in the custody or control of the juvenile justice agency.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

Representative White moved to adopt the conference committee report on HB 1521.

The motion to adopt the conference committee report on HB 1521 prevailed by (Record 1978): 146 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes; Guerra.

STATEMENT OF VOTE

When Record No. 1978 was taken, I was in the house but away from my desk. I would have voted yes.

Guerra

SB 801 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative K. King submitted the conference committee report on SB 801.

SB 801 - REMARKS

REPRESENTATIVE ALLEN: Do you realize that the State Board of Education has not had the ability to have input on the content of textbooks for a very long time?

REPRESENTATIVE K. KING: I do. I do realize that.

ALLEN: Do you also realize that giving the Texas State Board of Education the ability to give input into the content of state textbooks would also give them the opportunity to appoint people to the textbook committee that have no background in education? That almost anybody could be on that committee?

K. KING: It does give the SBOE greater flexibility to reject materials they find inappropriate for grade level.

ALLEN: But they can also have input on content.

K. KING: Yes, absolutely.

ALLEN: Do you realize that not long ago we had a very contentious event about textbooks as it related to Hispanics in the textbook?

K. KING: I am not aware of the specific case. I am aware of roughly what you're talking about.

ALLEN: But you're not aware of the––it was in all of our newspapers, and there was a big rally around the content in the textbooks. Well, just let me see if I can help you remember.

K. KING: Thank you.

ALLEN: In 2016, the State Board of Education considered for adoption a social studies textbook entitled Mexican American Heritage that according to scholars had a minimum of 68 errors in that textbook. Do you recall that?

K. KING: I don't recall that, but I'm going to take your word as fact.

ALLEN: Okay. For example, some of the sayings in the textbook were saying Spanish conquistador Juan de Oñate established peaceful relations with the Pueblo people when in fact, he chopped off the foot of every Pueblo man over the age of 25 to establish his rule. Do you remember that?

K. KING: I do.

ALLEN: Do you also remember that textbooks were minimizing slavery as the cause of the Civil War? Do you remember that event?

K. KING: I do.

ALLEN: Do you remember the event when they were saying that slaves were very happy to be slaves when they were enslaved? Do you remember that one?

K. KING: I don't. I don't remember that specific case, and if they said that, that's pretty egregious.

ALLEN: Do you also remember that regarding the Atlantic slave trade between the 1500s and the 1800s, "millions of workers" was in the textbook? That slaves were called workers that came over from Africa to the southern United States to work on agriculture plantations?

K. KING: I do.

ALLEN: Those kinds of things would be in the textbook, and that would give the State Board of Education the privilege to appoint people who could put those kinds of things in the textbooks again. Is that true?

K. KING: I don't see that they would put people in there to put those things in the textbook. I understand exactly what you're saying, which is why I accepted your amendment to begin with.

ALLEN: In that amendment, do you remember that I added that those persons appointed to the textbook committees should have the expertise of being an educator or having a degree in education or even a doctorate in education––that they have some expertise about the history of education?

K. KING: I do remember that.

ALLEN: And I thought that was a good amendment.

K. KING: I thought your amendment was fine. I didn't remove it. Just to be clear, I accepted your amendment. The senate did not. I do think, just for clarification, the reason I accepted your amendment was for the reasons you laid out.

ALLEN: Yes.

K. KING: Please understand the reason I'm carrying the bill doesn't have anything to do with those things. We have a situation where people who are calling themselves publishers simply because they have a computer are overtly trying to slip inappropriate materials into, particularly, grade school curriculum. And so I thought your amendment was a good way to protect what I was trying to protect, but at the same time stop the bill from going too far.

ALLEN: I hear you.

K. KING: Dr. Allen, as I said, I did not remove your amendment. I agreed to take it. The senate won't accept it. I would say we need to be very diligent that our state board doesn't end up like it was a few years ago.

ALLEN: I appreciate you taking that amendment, and I understand what you're trying to do, but at the same time it also opens the gate for all of these other things to happen all over again. And I don't want people in the State of Texas to go through that again. I don't think parents would want to go through that again, and I think parents would appreciate a person on that committee having the expertise to deal with those items.

K. KING: I don't disagree.

REPRESENTATIVE ANCHIA: Just really quickly, can you just restate for the body the goal of your bill and then talk about how the Allen amendment might have impacted it?

K. KING: Well, the goal of the legislation as filed was to address situations where people who are referring to themselves as publishers are trying to slip inappropriate content into, particularly, grade school curriculum materials. The state board has asked to have greater flexibility to review these materials and reject based on content.

ANCHIA: So this is separate and apart from the establishment of the TEKs and first and second readings or does it fit into that process?

K. KING: Well, it would fit into the curriculum review which the board already does, but they're not allowed to reject based on content is my understanding of it, and this would allow them to reject based on content. It wouldn't allow them to put content in.

ANCHIA: Do you fear that these expanded powers for the state board might lead to some of the strange examples that were offered up by Dr. Allen by giving them more power?

K. KING: Representative Anchia, I always fear giving power to bureaucrats, but I think as a legislative body your obligation as well as mine is to make sure that that body doesn't go too far. We cede power to bureaucrats every day in this body for good reasons and sometimes bad. I don't think we're seeking power for a bad reason here, but I think it does bear watching.

REPRESENTATIVE CANALES: Just to follow up on some of the questions Representative Alma Allen was asking you and the talk about experts and writing textbooks, so what the new version of this bill would do––anybody could write a textbook? Is that kind of how it goes?

K. KING: No.

CANALES: Okay, so is there a requisite that they be experts?

K. KING: Oh, to submit content to the state board?

CANALES: Yes.

K. KING: No. There are several cases––I don't have them in front of me, but I reviewed them in the past––where people who just have a computer say they're publishers, and they can submit a book for review.

CANALES: Our concerns are this, and it goes back to the instances she was talking about. In particular, the Mexican American Heritage textbook that was published by Momentum Instruction. It had 42 interpretive errors, 68 factual errors, 31 omission errors, and to date, I believe that maybe even only one of those has ever even been corrected. It went so far as to characterize Mexican Americans as lazy, that they were not willing to learn––just stuff that was grossly inaccurate and grossly offensive. And so what I think the concern is, and I think the concern of many of the people standing behind me, is that this not only opens the door, but the bill as it stands to––I guess it plants the seeds for more problems that have already occurred with respect to sensitive issues not only to me but to other communities and making sure that we've got factually correct textbooks done by people who know what they're talking about.

K. KING: Representative Canales, I hear what you're saying, but from the other side of this, giving the state board greater flexibility on content would allow them to reject a textbook like you're describing, not bring it in.

CANALES: Well, they didn't reject this textbook.

K. KING: That's right, but this bill wasn't law. This gives them the ability to reject on content.

CANALES: It just seems to me that when it comes to issues such as this, the State Board of Education has wholly failed not only the State of Texas but people who are looking for factually correct information. And I'm just concerned with giving more latitude to somebody who doesn't seem to deserve the latitude they have to begin with.

ANCHIA: I'm going to speak on the bill. I'm grateful for Representative King's leadership on the Education Committee. He was helpful to me and Dr. Allen on this, but I want people to pay attention because this is a really important issue. In the past, the state board has set curriculum standards in the State of Texas and has not relied on subject matter expertise. And as we are trying to prepare the workforce of the future for this state, as we're trying to come up with an educated citizenry, it's really important that our elected officials on the State Board of Education rely on subject matter expertise in setting these standards. It's very, very dangerous if we allow sort of political ideology––of either democrats or republicans, because we don't know who's going to be in power in the future––to essentially call balls and strikes on what are facts and not facts in state board curriculum. Look, the students in the State of Texas should be learning standards based on science and based on expertise. We owe it to them because they're not going to be competing on a political ideology test. They're going to be competing in a global marketplace of ideas where they need to be globally competitive. And when we bow to political ideology and when we allow our state board to make political statements in the TEKs, which are our state standards, it is a very dangerous practice.

Now, I know that that is not the intent of Representative King. I know he brings this bill with only noble purposes and noble motivations. But we don't need to look into the distant past to figure out how things have gone awry with the state board. We had the Mexican American studies textbook in 2016, members––that was last year––that lacked any thorough review by qualified experts or independent scholars, and it created hundreds of errors. Thankfully, the board ultimately rejected that textbook because of those errors, but it wasn't until there was a great public outcry and mobilization. When an SBOE social studies textbook which was approved in 2015 identified slaves as "workers" as if they had any choice in the matter––that is very dangerous members. But that's what the State Board of Education was to allow. Thankfully, the mother of a Texas student caught this error in her child's textbook, exposing the inadequate review process of the SBOE. Environmental science textbooks also included no expertise to refute baseless claims that were not based on science. That happened in 2013. And in 2010, an SBOE-appointed "expert" argued that Cesar Chavez and Thurgood Marshall should be struck from a standard about good citizenship. Anybody who would make that claim that Thurgood Marshall was not an exemplary and model citizen of the United States really must have a political agenda in mind. So we must be incredibly vigilant on the State Board of Education standards.

I suspect this bill is going to pass by Representative King, but we cannot sit idly by and fail to exercise our legislative prerogative and our legislative oversight on these issues, because the future of a globally competed workforce here in the State of Texas is at stake. So members, I ask that we look cautiously at this issue and we take it with a great deal of seriousness.

ALLEN: Members, I served on the State Board of Education for 12 years prior to coming to this body, and during that time we had no way of doing any input into the content of textbooks. So things ran very smoothly at that point. I'm asking you to keep that same position for members of our State Board of Education so that our children can come get a textbook that is factual and that is beneficial for all of the children in the State of Texas. I'm asking you to vote no on this bill.

K. KING: In closing, the intent of this bill is good. And anytime we cede power to a bureaucracy, we have to be diligent and watch what that bureaucracy does. So I'd ask you to vote with me on this bill.

REMARKS ORDERED PRINTED

Representative Canales moved to print all remarks on SB 801.

The motion prevailed.

Representative P. King moved to adopt the conference committee report on SB 801.

The motion to adopt the conference committee report on SB 801 prevailed by (Record 1979): 78 Yeas, 62 Nays, 2 Present, not voting.

Yeas — Anderson, C.; Anderson, R.; Ashby; Bailes; Bell; Biedermann; Bohac; Bonnen, D.; Burkett; Burns; Burrows; Button; Cain; Clardy; Cook; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Dean; Elkins; Faircloth; Flynn; Frank; Frullo; Geren; Goldman; Gonzales; Gutierrez; Hefner; Holland; Huberty; Hunter; Isaac; Kacal; Keough; King, K.; King, P.; Kuempel; Lambert; Lang; Laubenberg; Lozano; Metcalf; Meyer; Miller; Morrison; Murphy; Oliverson; Parker; Paul; Phelan; Phillips; Price; Raney; Rinaldi; Roberts; Schofield; Schubert; Shaheen; Shine; Simmons; Smithee; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; Villalba; White; Workman; Wray; Zedler; Zerwas.

Nays — Allen; Alonzo; Alvarado; Anchia; Arévalo; Bernal; Blanco; Canales; Capriglione; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dukes; Dutton; Fallon; Farrar; Gervin-Hawkins; Giddings; González; Gooden; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, E.; Johnson, J.; King, T.; Landgraf; Leach; Longoria; Lucio; Martinez; Minjarez; Moody; Muñoz; Murr; Neave; Nevárez; Oliveira; Ortega; Perez; Pickett; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sheffield; Thierry; Thompson, S.; Turner; Uresti; Vo; Walle; Wilson; Wu.

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

Absent — Bonnen, G.; Klick; Koop; Krause; Larson; Sanford; Schaefer; Springer.

STATEMENTS OF VOTE

When Record No. 1979 was taken, I was in the house but away from my desk. I would have voted yes.

G. Bonnen

When Record No. 1979 was taken, I was shown voting no. I intended to vote yes.

Fallon

When Record No. 1979 was taken, I was shown voting yes. I intended to vote no.

Gutierrez

When Record No. 1979 was taken, I was in the house but away from my desk. I would have voted no.

Koop

When Record No. 1979 was taken, I was shown voting no. I intended to vote yes.

Leach

When Record No. 1979 was taken, I was in the house but away from my desk. I would have voted yes.

Schaefer

When Record No. 1979 was taken, I was shown voting no. I intended to vote yes.

Wilson

HB 2937 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Canales submitted the following conference committee report on HB 2937:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2937 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Lucio

Canales

Nichols

Ashby

Hinojosa

González

Rodriguez

Longoria

On the part of the senate

On the part of the house

HB 2937, A bill to be entitled An Act relating to the establishment of a pilot program under which a licensed hospital may offer dual credit courses to public high school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0764 to read as follows:

Sec. 61.0764. MEDICAL DUAL CREDIT PILOT PROGRAM. (a) The board shall develop and implement a pilot program under which a licensed hospital may offer dual credit courses to high school students enrolled in a school district in partnership with the district.

(b) The board shall select one licensed hospital located in a county that borders the United Mexican States and that has a population of at least 700,000 and not more than 800,000 to participate in the pilot program. The hospital must be accredited by The Joint Commission and:

(1) have been issued:

(A) a certificate of approval to offer a program of instruction by the Texas Workforce Commission under Subchapter C, Chapter 132; or

(B) a certificate of authority to award a degree for a program of study by the board under Subchapter G of this chapter;

(2) be accredited to offer a degree program by the appropriate recognized regional accrediting agency; or

(3) must:

(A) have entered into a partnership with an institution of higher education to offer dual credit courses under the pilot program; and

(B) be seeking authorization to offer a program of instruction or study as described by Subdivision (1) or accreditation to offer a degree program as described by Subdivision (2).

(1) may offer under the pilot program only dual credit courses that are in the curriculum of the hospital's program of instruction or study or degree program described by Subsection (b)(1), (2), or (3), as applicable; and

(2) subject to Subdivision (1) and Subsection (d), shall determine the content of each dual credit course offered under the pilot program with the goal of ensuring that the course is transferable for course credit applied toward a certificate or degree at an institution of higher education.

(d) The licensed hospital selected under Subsection (b) must design the dual credit courses offered under the pilot program to enable students to earn a variety of certifications, certificates, and degrees, including at least one certification or certificate while the student is in high school. The available certifications, certificates, and degrees must be selected based on:

(1) the needs of the hospital;

(2) the terms of the hospital's agreements with partnering school districts to provide the dual credit courses under the pilot program; and

(3) the goal of preparing students for employment in the health care field.

(e) A student enrolled in a dual credit course offered under the pilot program is entitled to the benefits of the Foundation School Program for the time spent by the student on that course, in accordance with rules adopted by the commissioner of education.

(f) A student may not be charged for tuition, fees, or required textbooks or other instructional materials for a dual credit course offered under the pilot program. The school district in which the student is enrolled is responsible for the cost of the student's tuition, fees, or required textbooks or other instructional materials for that course to the extent that those amounts are not waived by the licensed hospital.

(g) The board may adopt rules as necessary to implement this section.

SECTION 2. Section 61.0764, Education Code, as added by this Act, applies beginning with the 2017-2018 school year.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

Representative Canales moved to adopt the conference committee report on HB 2937.

The motion to adopt the conference committee report on HB 2937 prevailed by (Record 1980): 142 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Fallon; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Murr; Phillips.

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

Absent — Deshotel; Dukes; Faircloth; Farrar.

SB 999 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Giddings submitted the conference committee report on SB 999.

Representative Giddings moved to adopt the conference committee report on SB 999.

The motion to adopt the conference committee report on SB 999 prevailed by (Record 1981): 146 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Deshotel; Dukes.

HB 3767 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Allen submitted the following conference committee report on HB 3767:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3767 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Uresti

Allen

Campbell

Giddings

L. Taylor

Howard

West

Thierry

VanDeaver

On the part of the senate

On the part of the house

HB 3767, A bill to be entitled An Act relating to annual reporting regarding the establishment of certain school district planning and decision-making committees and to certain duties of those committees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.164, Education Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) Not less than once each school year, each district-level committee established under Section 11.251 shall review paperwork requirements imposed on classroom teachers and shall make recommendations to the board of trustees of the school district regarding the transfer to existing noninstructional staff of a reporting task that can reasonably be accomplished by that staff as authorized by Subsection (b).

SECTION 2. Section 11.251, Education Code, is amended by adding Subsection (h) to read as follows:

(h) The board shall annually certify to the agency in accordance with commissioner rule that the board has established the district- and campus-level committees as required by this section.

SECTION 3. This Act applies beginning with the 2017-2018 school year.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

Representative Allen moved to adopt the conference committee report on HB 3767.

The motion to adopt the conference committee report on HB 3767 prevailed by (Record 1982): 143 Yeas, 5 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Cain; Rinaldi; Schaefer; Shaheen; Tinderholt.

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

STATEMENTS OF VOTE

When Record No. 1982 was taken, I was shown voting yes. I intended to vote no.

D. Bonnen

When Record No. 1982 was taken, I was shown voting yes. I intended to vote no.

Cyrier

SB 1633 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Oliverson submitted the conference committee report on SB 1633.

Representative Oliverson moved to adopt the conference committee report on SB 1633.

The motion to adopt the conference committee report on SB 1633 prevailed by (Record 1983): 138 Yeas, 6 Nays, 3 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Arévalo; Cain; Schaefer; Schofield; Stickland; Tinderholt.

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

Absent — Dukes; Guerra; Springer.

STATEMENT OF VOTE

When Record No. 1983 was taken, I was shown voting no. I intended to vote yes.

Arévalo

SB 1987 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Murphy submitted the conference committee report on SB 1987.

Representative Murphy moved to adopt the conference committee report on SB 1987.

The motion to adopt the conference committee report on SB 1987 prevailed by (Record 1984): 147 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Klick.

SB 27 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Blanco submitted the conference committee report on SB 27.

Representative Blanco moved to adopt the conference committee report on SB 27.

The motion to adopt the conference committee report on SB 27 prevailed by (Record 1985): 147 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Paul.

STATEMENT OF VOTE

When Record No. 1985 was taken, my vote failed to register. I would have voted yes.

Paul

SB 1001 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Paul submitted the conference committee report on SB 1001.

Representative Paul moved to adopt the conference committee report on SB 1001.

The motion to adopt the conference committee report on SB 1001 prevailed by (Record 1986): 140 Yeas, 4 Nays, 4 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Bonnen, D.; Sanford; Schaefer; Tinderholt.

Present, not voting — Mr. Speaker; Blanco; Paddie(C); Phillips.

Absent — Dukes; Thompson, S.

STATEMENT OF VOTE

When Record No. 1986 was taken, I was shown voting present, not voting. I intended to vote yes.

Blanco

HB 1823 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Canales submitted the following conference committee report on HB 1823:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1823 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Zaffirini

Canales

Huffman

Collier

Hughes

Longoria

Schwertner

Lozano

Lucio

Raymond

On the part of the senate

On the part of the house

HB 1823, A bill to be entitled An Act relating to properly recorded diacritical marks in vital statistics records, driver's licenses, commercial driver's licenses, and personal identification certificates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 191, Health and Safety Code, is amended by adding Section 191.009 to read as follows:

Sec. 191.009. USE OF DIACRITICAL MARKS. (a) In this section, "diacritical mark" means a mark used in Latin script to change the sound of the letter to which it is added or used to distinguish the meaning of the word in which the letter appears. The term includes accents, tildes, graves, umlauts, and cedillas.

(b) The state registrar shall ensure that a vital statistics record issued under this title properly records any diacritical mark used in a person's name.

SECTION 2. Subchapter F, Chapter 521, Transportation Code, is amended by adding Section 521.127 to read as follows:

Sec. 521.127. USE OF DIACRITICAL MARKS. (a) In this section, "diacritical mark" means a mark used in Latin script to change the sound of a letter to which it is added or used to distinguish the meaning of the word in which the letter appears. The term includes accents, tildes, graves, umlauts, and cedillas.

(b) The department shall ensure that an original or renewal driver's license or personal identification certificate issued under this chapter properly records any diacritical mark used in a person's name.

SECTION 3. Section 522.030, Transportation Code, is amended by adding Subsection (d) to read as follows:

(d) The department shall ensure that an original or renewal commercial driver's license or commercial learner's permit issued under this chapter properly records any diacritical mark used in a person's name. In this subsection, "diacritical mark" means a mark used in Latin script to change the sound of a letter to which it is added or used to distinguish the meaning of the word in which the letter appears. The term includes accents, tildes, graves, umlauts, and cedillas.

SECTION 4. The change in law made by this Act applies only to a vital statistics record issued by the Department of State Health Services vital statistics unit or a driver's license, personal identification certificate, or commercial driver's license or learner's permit issued or renewed by the Texas Department of Public Safety on or after January 1, 2019.

SECTION 5. This Act takes effect September 1, 2017.

Representative Canales moved to adopt the conference committee report on HB 1823.

The motion to adopt the conference committee report on HB 1823 prevailed by (Record 1987): 130 Yeas, 14 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Romero; Rose; Sanford; Schofield; Schubert; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; Wilson; Workman; Wray; Wu; Zerwas.

Nays — Bonnen, D.; Cain; Cyrier; Elkins; Lang; Leach; Rinaldi; Schaefer; Shaheen; Stickland; Swanson; Tinderholt; White; Zedler.

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

Absent — Anderson, C.; Dukes; González; Rodriguez, J.

HB 1036 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative S. Thompson submitted the following conference committee report on HB 1036:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1036 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Whitmire

S. Thompson

Campbell

Collier

Garcia

S. Davis

Nelson

Sheffield

On the part of the senate

On the part of the house

HB 1036, A bill to be entitled An Act relating to coverage for certain breast cancer screening procedures under certain health benefit plans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 1356, Insurance Code, is amended to read as follows:

CHAPTER 1356. [~~LOW-DOSE~~] MAMMOGRAPHY

SECTION 2. Sections 1356.001 and 1356.002, Insurance Code, are amended to read as follows:

Sec. 1356.001. DEFINITIONS [~~DEFINITION~~]. In this chapter:

(1) "Breast tomosynthesis" means a radiologic mammography procedure that involves the acquisition of projection images over a stationary breast to produce cross-sectional digital three-dimensional images of the breast from which applicable breast cancer screening diagnoses may be determined.

(2) "Low-dose[~~, "low-dose~~] mammography" means:

(A) the x-ray examination of the breast using equipment dedicated specifically for mammography, including an x-ray tube, filter, compression device, and screens, [~~films, and cassettes,~~] with an average radiation exposure delivery of less than one rad mid-breast and[,] with two views for each breast;

(B) digital mammography; or

Sec. 1356.002. APPLICABILITY OF CHAPTER. (a) This chapter applies [~~only~~] to a health benefit plan, including a small employer health benefit plan written under Chapter 1501 or coverage that is provided by a health group cooperative under Subchapter B of that chapter, that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including [~~is delivered, issued for delivery, or renewed in this state and that is~~] an individual, [or] group, blanket, or franchise [~~accident and health~~] insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document offered by:

(1) an insurance company;

(2) a group hospital service corporation operating under Chapter 842;

(3) a health maintenance organization operating under Chapter 843;

(4) an approved nonprofit health corporation that holds a certificate of authority under Chapter 844;

(5) a multiple employer welfare arrangement that holds a certificate of authority under Chapter 846;

(6) a stipulated premium company operating under Chapter 884;

(7) a fraternal benefit society operating under Chapter 885;

(8) a Lloyd's plan operating under Chapter 941; or

(9) an exchange operating under Chapter 942[~~, including a policy issued by a group hospital service corporation operating under Chapter~~ ~~842~~].

(b) This chapter applies to coverage under a group health benefit plan described by Subsection (a) provided to a resident of this state, regardless of whether the group policy or contract is delivered, issued for delivery, or renewed within or outside this state.

(c) This chapter applies to group health coverage made available by a school district in accordance with Section 22.004(b), Education Code.

(d) This chapter applies to a self-funded health benefit plan sponsored by a professional employer organization under Chapter 91, Labor Code.

(e) Notwithstanding Section 22.409, Business Organizations Code, or any other law, this chapter applies to a church benefits board established under Chapter 22, Business Organizations Code.

(f) Notwithstanding Section 75.104, Health and Safety Code, or any other law, this chapter applies to a regional or local health care program established under Chapter 75, Health and Safety Code.

(g) Notwithstanding any provision in Chapter 1551 or any other law, this chapter applies to a basic coverage plan under Chapter 1551.

(h) Notwithstanding any other law, a standard health benefit plan provided under Chapter 1507 must provide the coverage required by this chapter.

SECTION 3. Chapter 1356, Insurance Code, is amended by adding Section 1356.0021 to read as follows:

Sec. 1356.0021. EXCEPTIONS. This chapter does not apply to:

(1) the child health plan program operated under Chapter 62, Health and Safety Code;

(2) the health benefits plan for children operated under Chapter 63, Health and Safety Code;

(3) the state Medicaid program operated under Chapter 32, Human Resources Code; and

(4) the Medicaid managed care program operated under Chapter 533, Government Code.

SECTION 4. Section 1356.005(a), Insurance Code, is amended to read as follows:

(a) A health benefit plan that provides coverage to a female who is 35 years of age or older must include coverage for an annual screening by all forms of low-dose mammography for the presence of occult breast cancer.

SECTION 5. The changes in law made by this Act apply only to a health benefit plan that is delivered, issued for delivery, or renewed on or after January 1, 2018. A plan delivered, issued for delivery, or renewed before January 1, 2018, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2017.

Representative S. Thompson moved to adopt the conference committee report on HB 1036.

The motion to adopt the conference committee report on HB 1036 prevailed by (Record 1988): 127 Yeas, 18 Nays, 3 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheffield; Shine; Smithee; Springer; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; Wilson; Workman; Wray; Wu; Zerwas.

Nays — Biedermann; Bonnen, D.; Cain; Capriglione; Cyrier; Krause; Lang; Leach; Metcalf; Murr; Rinaldi; Schaefer; Shaheen; Simmons; Stickland; Swanson; Tinderholt; Zedler.

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

Absent — Bohac; Dukes.

STATEMENTS OF VOTE

When Record No. 1988 was taken, I was in the house but away from my desk. I would have voted yes.

Bohac

When Record No. 1988 was taken, I was shown voting no. I intended to vote yes.

Cyrier

When Record No. 1988 was taken, I was shown voting no. I intended to vote yes.

Leach

HB 2377 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Larson submitted the following conference committee report on HB 2377:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2377 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Perry

Larson

Estes

T. King

Hall

Lucio

Hinojosa

Workman

Kolkhorst

On the part of the senate

On the part of the house

HB 2377, A bill to be entitled An Act relating to the development of brackish groundwater.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 36, Water Code, is amended by adding Section 36.1015 to read as follows:

Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER PRODUCTION ZONES. (a) In this section:

(1) "Designated brackish groundwater production zone" means an aquifer, subdivision of an aquifer, or geologic stratum designated under Section 16.060(b)(5).

(2) "Development board" means the Texas Water Development Board.

(3) "Gulf Coast Aquifer" means the system of hydrogeologic units that run along the Gulf Coast from the Sabine River to the Rio Grande, including:

(A) the Catahoula confining system, including the Frio Formation, the Anahuac Formation, and the Catahoula Tuff or Sandstone;

(B) the Jasper Aquifer, including the Oakville Sandstone and Fleming Formation;

(D) the Evangeline Aquifer, including the Goliad Sand; and

(E) the Chicot Aquifer, including the Willis Sand, the Bentley and Montgomery Formations, the Beaumont Clay, and alluvial deposits at the surface.

(b) A district located over any part of a designated brackish groundwater production zone may adopt rules to govern the issuance of permits for the completion and operation of a well for the withdrawal of brackish groundwater from a designated brackish groundwater production zone and shall adopt rules described by this subsection if the district receives a petition from a person with a legally defined interest in groundwater in the district. The district must adopt the rules not later than the 180th day after the date the district receives the petition. Rules adopted under this subsection apply only to a permit for a project described by Subsection (c).

(1) a municipal project designed to treat brackish groundwater to drinking water standards for the purpose of providing a public source of drinking water; and

(2) an electric generation project to treat brackish groundwater to water quality standards sufficient for the project needs.

(d) The rules adopted must:

(1) provide for processing an application for a brackish groundwater production zone operating permit in the same manner as an application for an operating permit for a fresh groundwater well, except as provided by this section;

(2) allow withdrawals and rates of withdrawal of brackish groundwater from a designated brackish groundwater production zone not to exceed and consistent with the withdrawal amounts identified in Section 16.060(e);

(3) provide for a minimum term of 30 years for a permit issued for a well that produces brackish groundwater from a designated brackish groundwater production zone;

(4) require implementation of a monitoring system recommended by the development board to monitor water levels and water quality in the same or an adjacent aquifer, subdivision of an aquifer, or geologic stratum in which the designated brackish groundwater production zone is located;

(5) for a project located in a designated brackish groundwater production zone in the Gulf Coast Aquifer, require reasonable monitoring by the district of land elevations to determine if production from the project is causing or is likely to cause subsidence during the permit term;

(6) require from the holder of a permit issued under rules adopted under this section annual reports that must include:

(A) the amount of brackish groundwater withdrawn;

(B) the average monthly water quality of the brackish groundwater withdrawn and in the monitoring wells; and

(C) aquifer levels in both the designated brackish groundwater production zone and in any aquifer, subdivision of an aquifer, or geologic stratum for which the permit requires monitoring; and

(7) be consistent with and not impair property rights described by Sections 36.002(a) and (b).

(e) An application for a brackish groundwater production zone operating permit must include:

(1) the proposed well field design compared to the designated brackish groundwater production zone;

(2) the requested maximum groundwater withdrawal rate for the proposed project;

(3) the number and location of monitoring wells needed to determine the effects of the proposed project on water levels and water quality in the same or an adjacent aquifer, subdivision of an aquifer, or geologic stratum in which the designated brackish groundwater production zone is located; and

(4) a report that includes:

(A) a simulation of the projected effects of the proposed production on water levels and water quality in the same or an adjacent aquifer, subdivision of an aquifer, or geologic stratum in which the designated brackish groundwater production zone is located;

(B) a description of the model used for the simulation described by Paragraph (A); and

(C) sufficient information for a technical reviewer to understand the parameters and assumptions used in the model described by Paragraph (B).

(f) The district shall submit the application to the development board and the development board shall conduct a technical review of the application. The development board shall submit a report of the review of the application that includes:

(1) findings regarding the compatibility of the proposed well field design with the designated brackish groundwater production zone; and

(2) recommendations for the monitoring system described by Subsection (d)(4).

(g) The district may not schedule a hearing on the application until the district receives the report from the development board described by Subsection (f).

(h) The district shall provide the reports required under Subsection (d)(6) to the development board. Not later than the 120th day after the date the development board receives a request from the district, the development board shall investigate and issue a report on whether brackish groundwater production under the project that is the subject of the report from the designated brackish groundwater production zone is projected to cause:

(1) significant aquifer level declines in the same or an adjacent aquifer, subdivision of an aquifer, or geologic stratum that were not anticipated by the development board in the designation of the zone;

(2) negative effects on quality of water in an aquifer, subdivision of an aquifer, or geologic stratum; or

(3) for a project located in a designated brackish groundwater production zone in the Gulf Coast Aquifer, subsidence during the permit term.

(i) After receiving from the development board a report issued under Subsection (h) and after notice and hearing subject to Subchapter M, the district may:

(1) amend the applicable permit to establish a production limit necessary to mitigate any negative effects identified by the report;

(2) approve a mitigation plan that alleviates any negative effects identified by the report; or

(3) both amend the permit to establish a production limit and approve a mitigation plan.

SECTION 2. Section 36.1132, Water Code, is amended by adding Subsection (d) to read as follows:

(d) Production under a permit issued under Section 36.1015 to produce brackish groundwater from a designated brackish groundwater production zone is in addition to the amount of groundwater that may be produced based on Subsections (b)(1) and (2). To the extent possible, a district shall issue permits up to the point that the total volume of exempt and permitted groundwater production in a designated brackish groundwater production zone equals the amount of brackish groundwater that may be produced annually to achieve the groundwater availability described by the Texas Water Development Board in its designation of the brackish groundwater production zone under Section 16.060(e).

SECTION 3. This Act takes effect September 1, 2017.

Representative Larson moved to adopt the conference committee report on HB 2377.

The motion to adopt the conference committee report on HB 2377 prevailed by (Record 1989): 144 Yeas, 3 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Smithee; Springer; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Elkins; Simmons; Stickland.

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

Absent — Dukes.

HR 2609 - ADOPTED
(by Alvarado)

The following privileged resolution was laid before the house:

HR 2609

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 968 (a sexual assault policy at certain public and private institutions of higher education and to requiring those institutions to provide students and employees an option to electronically report certain offenses to the institution) to consider and take action on the following matter:

House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter which is not included in either the house or senate version of the bill in SECTION 1 of the bill, in amended Section 51.9363, Education Code, to read as follows:

Sec. 51.9363. [~~CAMPUS~~] SEXUAL ASSAULT POLICY. (a) In this section, "postsecondary educational institution" means an ["]institution of higher education or a private or independent institution of higher education, as those terms are defined[~~" has the meaning assigned~~] by Section 61.003.

(b) Each postsecondary educational institution [~~of higher education~~] shall adopt a policy on [~~campus~~] sexual assault applicable to each student enrolled at and each employee of the institution. The policy must:

(1) include:

(A) definitions of prohibited behavior;

(B) sanctions for violations; and

(2) be approved by the institution's governing board before final adoption by the institution.

(c) Each postsecondary educational institution [~~of higher education~~] shall make the institution's [~~campus~~] sexual assault policy available to students, faculty, and staff members by:

(1) including the policy in the institution's student handbook and personnel handbook; and

(2) creating and maintaining a web page on the institution's Internet website dedicated solely to the policy.

(d) Each postsecondary educational institution [~~of higher education~~] shall require each entering freshman or undergraduate transfer student to attend an orientation on the institution's [~~campus~~] sexual assault policy before or during the first semester or term in which the student is enrolled at the institution. The institution shall establish the format and content of the orientation.

Explanation: This addition is necessary to expand to private or independent institutions of higher education the requirements regarding a sexual assault policy and to require the policy to encompass all incidents of sexual assault, regardless of whether those incidents occur on or off campus.

HR 2609 was adopted by (Record 1990): 135 Yeas, 10 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Sheffield; Shine; Smithee; Springer; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Biedermann; Bonnen, D.; Elkins; Krause; Lang; Rinaldi; Schaefer; Shaheen; Stickland; Tinderholt.

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

Absent — Dukes; Simmons; Wilson.

SB 968 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Alvarado submitted the conference committee report on SB 968.

Representative Alvarado moved to adopt the conference committee report on SB 968.

The motion to adopt the conference committee report on SB 968 prevailed by (Record 1991): 120 Yeas, 27 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bernal; Blanco; Bohac; Burkett; Burns; Button; Canales; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Farrar; Flynn; Frank; Frullo; Gervin-Hawkins; Giddings; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schubert; Sheffield; Shine; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Anderson, R.; Bell; Biedermann; Bonnen, D.; Bonnen, G.; Burrows; Cain; Capriglione; Craddick; Cyrier; Fallon; Geren; Goldman; Hefner; Lang; Murr; Rinaldi; Schaefer; Schofield; Shaheen; Simmons; Smithee; Springer; Stickland; Swanson; Tinderholt; Wilson.

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

Absent — Dukes.

HB 3270 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Bohac submitted the following conference committee report on HB 3270:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3270 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

L. Taylor

Bohac

Hall

Huberty

Hughes

Meyer

V. Taylor

Murphy

West

On the part of the senate

On the part of the house

HB 3270, A bill to be entitled An Act relating to criminal background checks for persons employed by certain public school contractors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 22.0834, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), this [~~This~~] subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who on or after January 1, 2008, is offered employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services, if:

(1) the employee or applicant has or will have continuing duties related to the contracted services; and

(2) the employee or applicant has or will have direct contact with students.

(a-1) This section does not apply to a contracting entity, subcontracting entity, or other person subject to Section 22.08341.

SECTION 2. Subchapter C, Chapter 22, Education Code, is amended by adding Section 22.08341 to read as follows:

Sec. 22.08341. CRIMINAL HISTORY RECORD INFORMATION REVIEW BY CERTAIN PUBLIC WORKS CONTRACTORS. (a) In this section:

(1) "Contracting entity" means an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement to provide engineering, architectural, or construction services to the district, school, or arrangement.

(2) "Instructional facility" has the meaning assigned by Section 46.001.

(3) "Subcontracting entity" means an entity that contracts with another entity that is not a school district, open-enrollment charter school, or shared services arrangement to provide engineering, architectural, or construction services to a school district, open-enrollment charter school, or shared services arrangement.

(b) This subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who is employed by a contracting or subcontracting entity on a project to design, construct, alter, or repair a public work if the person has or will have:

(1) continuing duties related to the contracted services; and

(2) the opportunity for direct contact with students in connection with the person's continuing duties.

(1) the public work does not involve the construction, alteration, or repair of an instructional facility;

(2) for a public work that involves construction of a new instructional facility, the person's duties related to the contracted services will be completed not later than the seventh day before the first date the facility will be used for instructional purposes; or

(3) for a public work that involves an existing instructional facility:

(A) the public work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence that is not less than six feet in height; and

(B) the contracting entity adopts a policy prohibiting employees, including subcontracting entity employees, from interacting with students or entering areas used by students, informs employees of the policy, and enforces the policy at the public work area.

(d) A contracting entity or subcontracting entity may not permit an employee to whom Subsection (b) applies to provide services at an instructional facility if the employee, during the preceding 30 years, was convicted of any of the following offenses and the victim was under 18 years of age or was enrolled in a public school:

(1) a felony offense under Title 5, Penal Code;

(2) an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or

(3) an offense under the laws of another state or federal law that is equivalent to an offense under Subdivision (1) or (2).

(e) For a person to whom Subsection (b) applies, the contracting entity or subcontracting entity that employs the person shall:

(1) send or ensure that the person sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs;

(2) obtain all criminal history record information that relates to the person through the criminal history clearinghouse as provided by Section 411.0845, Government Code; and

(3) certify to the school district, open-enrollment charter school, shared services arrangement, or contracting entity, as applicable, that the contracting entity or subcontracting entity that employs the person has received all criminal history record information relating to the person.

(f) A contracting entity shall certify to the school district, open-enrollment charter school, or shared services arrangement, as applicable, that the contracting entity has obtained written certifications from any subcontracting entity that the subcontracting entity has complied with Subsection (e) as it relates to the subcontracting entity's employees.

(g) On receipt of information described by Subsection (e)(1), the department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code.

(h) A school district, open-enrollment charter school, or shared services arrangement may directly obtain the criminal history record information of a person to whom Subsection (b) applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.

(i) If a contracting entity or subcontracting entity determines that Subsection (b) does not apply to an employee, the contracting or subcontracting entity shall make a reasonable effort to ensure that the conditions or precautions that resulted in the determination that Subsection (b) does not apply to the employee continue to exist throughout the time that the contracted services are provided.

(j) In the event of an emergency, a school district, open-enrollment charter school, or shared services arrangement may allow a person to whom Subsection (b) applies to enter an instructional facility if the person is accompanied by an employee of the district, school, or arrangement. A school district, open-enrollment charter school, or shared services arrangement may adopt a policy regarding an emergency for purposes of this subsection.

(k) The commissioner may adopt rules necessary to implement this section.

SECTION 3. Section 22.085(c), Education Code, is amended to read as follows:

(c) A school district, open-enrollment charter school, or shared services arrangement may not allow a person who is an employee of or applicant for employment by an entity that contracts with the district, school, or shared services arrangement to serve at the district or school or for the shared services arrangement if the district, school, or shared services arrangement obtains information described by Subsection (a) through a criminal history record information review concerning the employee or applicant. A school district, open-enrollment charter school, or shared services arrangement must ensure that an entity that the district, school, or shared services arrangement contracts with for services has obtained all criminal history record information as required by Section 22.0834 or 22.08341.

SECTION 4. Section 411.097(a), Government Code, is amended to read as follows:

(a) A school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement, or an entity that contracts to provide services to a school district, charter school, or shared services arrangement, is entitled to obtain from the department criminal history record information maintained by the department that the district, school, service center, shared services arrangement, or entity is required or authorized to obtain under Subchapter C, Chapter 22, Education Code, that relates to a person who is:

(1) an applicant for employment by the district, school, service center, or shared services arrangement;

(2) an employee of or an applicant for employment with a public or commercial transportation company that contracts with the district, school, service center, or shared services arrangement to provide transportation services if the employee drives or the applicant will drive a bus in which students are transported or is employed or is seeking employment as a bus monitor or bus aide on a bus in which students are transported; or

(3) an employee of or applicant for employment by an entity that contracts to provide services to a school district, charter school, or shared services arrangement as provided by Section 22.0834 or 22.08341, Education Code.

SECTION 5. Section 22.0834, Education Code, as amended by this Act, and Section 22.08341, Education Code, as added by this Act, apply only to a public works contract executed on or after the effective date of this Act. A public works contract executed before the effective date of this Act is governed by the law in effect on the date the contract was executed, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2017.

Representative Bohac moved to adopt the conference committee report on HB 3270.

The motion to adopt the conference committee report on HB 3270 prevailed by (Record 1992): 146 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Stickland.

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

Absent — Dukes.

STATEMENT OF VOTE

When Record No. 1992 was taken, I was shown voting no. I intended to vote yes.

Stickland

SB 1784 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Huberty submitted the conference committee report on SB 1784.

Representative Huberty moved to adopt the conference committee report on SB 1784.

The motion to adopt the conference committee report on SB 1784 prevailed by (Record 1993): 144 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Cyrier; Dukes; Israel; Springer.

HR 2606 - ADOPTED
(by Giddings)

The following privileged resolution was laid before the house:

HR 2606

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 2244 (relating to the creation of the University Hills Municipal Management District; providing authority to issue bonds; providing authority to impose assessments or fees) to consider and take action on the following matter:

House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement in SECTION 1 of the bill by omitting added Section 3947.255, Special District Local Laws Code. The omitted text would exempt the University Hills Municipal Management District from the application of Section 375.262, Local Government Code, which provides for the dissolution of a district on petition of certain owners of property in the district.

Explanation: The omission of the text is necessary to require the board of the University Hills Municipal Management District to dissolve the district on petition of certain owners of property in the district.

HR 2606 was adopted by (Record 1994): 138 Yeas, 3 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Kacal; Keough; King, P.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Anchia; Elkins; Rinaldi.

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

Absent — Deshotel; Dukes; Johnson, J.; King, K.; King, T.; Perez; Villalba.

SB 2244 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Giddings submitted the conference committee report on SB 2244.

Representative Giddings moved to adopt the conference committee report on SB 2244.

The motion to adopt the conference committee report on SB 2244 prevailed by (Record 1995): 138 Yeas, 5 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Kacal; Keough; King, K.; King, P.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Cain; Rinaldi; Shaheen; Stickland; Tinderholt.

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

Absent — Deshotel; Dukes; Hefner; Johnson, J.; King, T.

STATEMENTS OF VOTE

When Record No. 1995 was taken, I was shown voting yes. I intended to vote no.

Schaefer

When Record No. 1995 was taken, I was shown voting yes. I intended to vote no.

Springer

SB 634 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Button submitted the conference committee report on SB 634.

Representative Button moved to adopt the conference committee report on SB 634.

The motion to adopt the conference committee report on SB 634 prevailed by (Record 1996): 144 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes; Herrero; Springer; Walle.

STATEMENT OF VOTE

When Record No. 1996 was taken, I was in the house but away from my desk. I would have voted yes.

Springer

HB 1886 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Miller submitted the following conference committee report on HB 1886:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1886 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Huffman

Miller

Campbell

Cosper

Rodriguez

Huberty

L. Taylor

Bernal

Zaffirini

D. Bonnen

On the part of the senate

On the part of the house

HB 1886, A bill to be entitled An Act relating to dyslexia screening and testing in public schools, the employment of dyslexia specialists by regional education service centers, the development of a list of training opportunities for educators regarding dyslexia, and transition planning for students enrolled in a special education program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 8, Education Code, is amended by adding Section 8.061 to read as follows:

Sec. 8.061. DYSLEXIA SPECIALIST. Each regional education service center shall employ as a dyslexia specialist a person licensed as a dyslexia therapist under Chapter 403, Occupations Code, to provide school districts served by the center with support and resources that are necessary to assist students with dyslexia and the families of students with dyslexia.

SECTION 2. Section 29.011, Education Code, is amended to read as follows:

Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:

(1) appropriate student involvement in the student's transition to life outside the public school system;

(2) if the student is younger than 18 years of age, appropriate [~~parental~~] involvement in the student's transition by the student's parents and other persons invited to participate by:

(A) the student's parents; or

(B) the school district in which the student is enrolled;

(3) if the student is at least 18 years of age, [~~appropriate parental~~] involvement in the student's transition and future by the student's parents and other persons, if the parent or other person:

(A) is invited to participate by the student or the school district in which the student is enrolled; or

(B) has the student's consent to participate pursuant to a supported decision-making agreement under Chapter 1357, Estates Code;

(4) appropriate [~~any~~] postsecondary education options, including preparation for postsecondary-level coursework;

(5) an appropriate [a] functional vocational evaluation;

(6) appropriate employment goals and objectives;

(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives;

(8) appropriate independent living goals and objectives; [~~and~~]

(9) appropriate circumstances for facilitating a referral of [~~referring~~] a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)); and

(10) the use and availability of appropriate:

(A) supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and

(B) supports and services to foster the student's independence and self-determination, including a supported decision-making agreement under Chapter 1357, Estates Code.

(a-1) A student's admission, review, and dismissal committee shall annually review the issues described by Subsection (a) and, if necessary, update the portions of the student's individualized education program that address those issues.

(a-2) The commissioner shall develop and post on the agency's Internet website a list of services and public benefits for which referral may be appropriate under Subsection (a)(9).

(b) The commissioner shall require each school district or shared services arrangement to designate at least one employee to serve as the district's or shared services arrangement's designee on transition and employment services for students enrolled in special education programs under this subchapter. The commissioner shall develop minimum training guidelines for a district's or shared services arrangement's designee. An individual designated under this subsection must provide information and resources about effective transition planning and services, including each issue described by Subsection (a), and interagency coordination to ensure that local school staff communicate and collaborate with:

(1) students enrolled in special education programs under this subchapter and the parents of those students; and

(2) as appropriate, local and regional staff of the:

(A) Health and Human Services Commission;

(B) Texas Workforce Commission [~~Department of Aging and Disability Services~~];

[~~(D)~~] Department of State Health Services; and

(D) [~~(E)~~] Department of Family and Protective Services.

(c) The commissioner shall review and, if necessary, update the minimum training guidelines developed under Subsection (b) at least once every four years. In reviewing and updating the guidelines, the commissioner shall solicit input from stakeholders.

SECTION 3. Sections 29.0112(b) and (e), Education Code, are amended to read as follows:

(b) The transition and employment guide must be written in plain language and contain information specific to this state regarding:

(1) transition services;

(2) employment and supported employment services;

(3) social security programs;

(4) community and long-term services and support, including the option to place the student on a waiting list with a governmental agency for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));

(5) postsecondary educational programs and services, including the inventory maintained by the Texas Higher Education Coordinating Board under Section 61.0663;

(6) information sharing with health and human services agencies and providers;

(7) guardianship and alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code;

(8) self-advocacy, person-directed planning, and self-determination; and

(9) contact information for all relevant state agencies.

(e) A school district shall:

(1) post the transition and employment guide on the district's website if the district maintains a website; [~~and~~]

(2) provide written information and, if necessary, assistance to a student or parent regarding how to access the electronic version of the guide at:

(A) the first meeting of the student's admission, review, and dismissal committee at which transition is discussed; and [or]

(B) the first committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and

(3) on request, provide a printed copy of the guide to a student or parent [~~becomes available, if a student has already had an admission, review, and dismissal committee meeting discussing transition~~].

SECTION 4. Section 29.017, Education Code, is amended by amending Subsections (c) and (d) and adding Subsections (c-1), (c-2), (c-3), (e), and (f) to read as follows:

(c) Not later than one year before the 18th birthday of a student with a disability, the school district at which the student is enrolled shall:

(1) provide to the student and the student's parents:

(A) written notice regarding the transfer of rights under this section; and

(B) information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code, and other supports and services that may enable the student to live independently; and

(2) ensure that the student's individualized education program includes a statement that the district provided the notice, information, and resources required under Subdivision (1).

(c-1) In accordance with 34 C.F.R. Section 300.520 [~~300.517~~], the school district shall provide written notice to [~~notify~~] the student and the student's parents of the transfer of rights under this section. The notice must include the information and resources provided under Subsection (c)(1)(B).

(c-2) If a student with a disability or the student's parent requests information regarding guardianship or alternatives to guardianship from the school district at which the student is enrolled, the school district shall provide to the student or parent information and resources on supported decision-making agreements under Chapter 1357, Estates Code.

(c-3) The commissioner shall develop and post on the agency's Internet website a model form for use by school districts in notifying students and parents as required by Subsections (c) and (c-1). The form must include the information and resources described by Subsection (c). The commissioner shall review and update the form, including the information and resources, as necessary.

(d) The commissioner shall develop and post on the agency's Internet website the information and resources described by Subsections (c), (c-1), and (c-2).

(e) Nothing in this section prohibits a student from entering into a supported decision-making agreement under Chapter 1357, Estates Code, after the transfer of rights under this section.

(f) The commissioner shall adopt rules implementing the provisions of 34 C.F.R. Section 300.520(b) [~~300.517(b)~~].

SECTION 5. Sections 38.003(a) and (b-1), Education Code, are amended to read as follows:

(a) Students enrolling in public schools in this state shall be screened or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by the State Board of Education. The program must include screening at the end of the school year of each student in kindergarten and each student in the first grade.

(b-1) Unless otherwise provided by law, a student determined to have dyslexia during screening or testing under Subsection (a) or accommodated because of dyslexia may not be rescreened or retested for dyslexia for the purpose of reassessing the student's need for accommodations until the district reevaluates the information obtained from previous screening or testing of the student.

SECTION 6. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.0032 to read as follows:

Sec. 38.0032. DYSLEXIA TRAINING OPPORTUNITIES. (a) The agency shall annually develop a list of training opportunities regarding dyslexia that satisfy the requirements of Section 21.054(b). The list of training opportunities must include at least one opportunity that is available online.

(b) A training opportunity included in the list developed under Subsection (a) must:

(1) comply with the knowledge and practice standards of an international organization on dyslexia; and

(2) enable an educator to:

(A) understand and recognize dyslexia; and

(B) implement instruction that is systematic, explicit, and evidence-based to meet the educational needs of a student with dyslexia.

SECTION 7. Sections 29.011, 29.0112, and 29.017, Education Code, as amended by this Act, apply beginning with the 2018-2019 school year.

SECTION 8. Section 38.003, Education Code, as amended by this Act, applies beginning with the 2017-2018 school year.

SECTION 9. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

Representative Miller moved to adopt the conference committee report on HB 1886.

The motion to adopt the conference committee report on HB 1886 prevailed by (Record 1997): 141 Yeas, 6 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Biedermann; Bonnen, D.; Cain; Rinaldi; Schaefer; Stickland.

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

Absent — Dukes.

STATEMENT OF VOTE

When Record No. 1997 was taken, I was shown voting no. I intended to vote yes.

Biedermann

HB 29 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative S. Thompson submitted the following conference committee report on HB 29:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 29 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Huffman

S. Thompson

Garcia

Arévalo

Kolkhorst

Frullo

Perry

Meyer

Schwertner

On the part of the senate

On the part of the house

HB 29, A bill to be entitled An Act relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the prevention, investigation, and prosecution of and punishment for certain sexual offenses and offenses involving or related to trafficking, reimbursement of certain costs for criminal victims who are children, and the release and reporting of certain information relating to a child; increasing criminal penalties; creating criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 102, Business & Commerce Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. NOTICE REQUIREMENTS ON PREMISES OF SEXUALLY ORIENTED BUSINESSES

Sec. 102.101. POSTING OF CERTAIN SIGN REQUIRED. (a) A sexually oriented business shall post by the sink area in each restroom on the premises one sign that directs a victim of human trafficking to contact the National Human Trafficking Resource Center. Except as provided by Subsection (c), the sign must be 11 inches by 17 inches in size.

(b) The attorney general by rule shall prescribe the design, content, and manner of display of the sign required by this section. The sign must:

(1) be in both English and Spanish; and

(2) include the telephone number and Internet website of the National Human Trafficking Resource Center.

(1) be in an additional language other than English or Spanish;

(2) be larger than 11 inches by 17 inches in size if the attorney general determines that a larger sign is appropriate; and

(3) include other information the attorney general considers necessary and appropriate.

Sec. 102.102. CRIMINAL PENALTY. (a) A person commits an offense if the person:

(1) is an owner or operator of a sexually oriented business; and

(2) fails to post the sign required by Section 102.101 in compliance with that section and rules adopted under that section.

(b) An offense under this section is a Class C misdemeanor.

SECTION 2. Chapter 140A, Civil Practice and Remedies Code, is amended by designating Sections 140A.001 and 140A.002 as Subchapter A and adding a subchapter heading to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 3. Section 140A.001, Civil Practice and Remedies Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Attorney general" means the attorney general of Texas or any assistant attorney general acting under the direction of the attorney general of Texas.

SECTION 4. Subchapter A, Chapter 140A, Civil Practice and Remedies Code, as added by this Act, is amended by adding Section 140A.0015 to read as follows:

Sec. 140A.0015. APPLICABILITY OF PROVISIONS. (a) The provisions of this chapter are cumulative of each other and any other provision of law in effect relating to the same subject. The provisions of this chapter preserve the constitutional and common law authority of the attorney general to bring any action under state and federal law.

(b) If any of the provisions of this chapter are held invalid, the remainder of the provisions are not affected as a result and the application of the provision held invalid to persons or circumstances other than those as to which it is held invalid are not affected as a result.

SECTION 5. Chapter 140A, Civil Practice and Remedies Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. PROCEDURES AND EVIDENCE

Sec. 140A.051. DEFINITIONS. In this subchapter:

(1) "Civil investigative demand" means any demand issued by the attorney general under this subchapter.

(2) "Documentary material" means the original or a copy of any paper, contract, agreement, book, booklet, brochure, pamphlet, catalog, magazine, notice, announcement, circular, bulletin, instruction, minutes, agenda, study, analysis, report, graph, map, chart, table, schedule, note, letter, telegram, telephone recordings, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret the data compilations, and any product of discovery.

(3) "Person" has the meaning assigned by Section 311.005, Government Code.

(4) "Product of discovery" means:

(A) the original or a copy of a deposition, interrogatory, document, thing, result of inspection of land or other property, examination, or admission that is obtained by any method of discovery in a judicial or administrative proceeding of an adversarial nature;

(B) a digest, analysis, selection, compilation, or derivation of any item listed in Paragraph (A); and

(5) "Racketeering investigation" means any inquiry conducted by the attorney general for the purpose of ascertaining whether any person is or has been engaged in or is actively preparing to engage in activities that may constitute a racketeering violation.

(6) "Racketeering violation" means any act or omission in violation of any of the prohibitions in Section 140A.002.

Sec. 140A.052. CIVIL INVESTIGATIVE DEMAND. If the attorney general has reason to believe that a person may be in possession, custody, or control of any documentary material or other evidence or may have any information relevant to a civil racketeering investigation, the attorney general may, before beginning a civil proceeding, issue in writing and serve on the person a civil investigative demand requiring the person to:

(1) produce any of the documentary material for inspection and copying;

(2) answer in writing any written interrogatories;

(3) give oral testimony; or

(4) provide any combination of civil investigative demands under Subdivisions (1)-(3).

Sec. 140A.053. CONTENTS OF DEMAND. (a) A civil investigative demand issued under Section 140A.052 must:

(1) describe the nature of the activities that are the subject of the investigation;

(2) state each statute the activity violates; and

(3) advise the person on whom the demand is served that the person has the right to object to the demand as provided for in this subchapter.

(b) A demand for production of documentary material must:

(1) describe the class of material to be produced with reasonable specificity so that the material demanded is fairly identified;

(2) prescribe a return date that provides a reasonable period of time within which the material is to be produced; and

(3) identify the individual to whom the material is to be made available for inspection and copying.

(1) propound the interrogatories with definiteness and certainty;

(2) prescribe a date by which answers to the interrogatories must be submitted; and

(3) identify the individual to whom the answers should be submitted.

(d) Each demand for the giving of oral testimony must:

(1) prescribe a reasonable date, time, and place at which the testimony will begin; and

(2) identify the individual who will conduct the examination.

Sec. 140A.054. SERVICE; PROOF OF SERVICE. (a) Service of any civil investigative demand or petition filed under Section 140A.055 or 140A.060 may be made on any natural person by delivering a duly executed copy of the demand or petition to the person to be served or by mailing a copy by registered or certified mail, return receipt requested, to the person at the person's residence or principal office or place of business.

(b) Service of any demand or petition filed under Section 140A.055 or 140A.060 may be made on any person other than a natural person by delivering a duly executed copy of the demand or petition to a person to whom delivery would be appropriate under state law if the demand or petition were process in a civil suit.

(c) A verified return by the individual serving any demand or petition filed under Section 140A.055 or 140A.060 setting forth the manner of service is proof of service. In the case of service by registered or certified mail, the return must be accompanied by the return post office receipt of delivery of the demand or petition.

Sec. 140A.055. PETITION FOR ORDER MODIFYING OR SETTING ASIDE DEMAND. (a) At any time before the return date specified in a civil investigative demand or not later than the 30th day after the date the demand was served, whichever period is shorter, the person who has been served, and in the case of a demand for a product of discovery the person from whom the discovery was obtained, may file a petition for an order modifying or setting aside the demand in the district court in the county of the person's residence or principal office or place of business or a district court of Travis County. The petition must specify each ground upon which the petitioner relies in seeking the relief sought. The petition may be based on any failure of a demand to comply with the provisions of this subchapter or on any constitutional or other legal right or privilege of the petitioner.

(b) The petitioner shall serve a copy of the petition on the attorney general in accordance with Section 140A.054. The attorney general may submit an answer to the petition.

(c) In ruling on the petition under this section, the court shall presume absent evidence to the contrary that the attorney general issued the demand in good faith and within the scope of the attorney general's authority.

Sec. 140A.056. COMPLIANCE WITH DEMAND. (a) A person on whom a civil investigative demand is served under this subchapter shall comply with the terms of the demand unless otherwise provided by court order.

(b) The time for compliance with the demand wholly or partly does not run during the pendency of any petition filed under Section 140A.055, provided that the petitioner shall comply with any portions of the demand not sought to be modified or set aside.

Sec. 140A.057. DOCUMENTARY MATERIAL. (a) Any person on whom any civil investigative demand for the production of documentary material has been duly served under this subchapter shall make the material available to the attorney general for inspection and copying during normal business hours on the return date specified in the demand at the person's principal office or place of business or as otherwise may be agreed on by the person and the attorney general. The attorney general shall bear the expense of any copying. The person may substitute copies for originals of all or part of the requested documents if the originals are made available for inspection. The attorney general may elect to obtain or review information in an electronic format. The person shall indicate in writing which, if any, of the documents produced contain trade secrets or confidential information.

(b) The production of documentary material in response to any demand must be made under a sworn certificate in the form the demand designates by a natural person having knowledge of the facts and circumstances relating to the production to the effect that all of the requested material in the possession, custody, or control of the person to whom the demand is directed has been produced.

Sec. 140A.058. INTERROGATORIES. (a) Each interrogatory in any civil investigative demand duly served must be answered separately and fully in writing, unless it is objected to, in which case the basis for the objection shall be set forth in lieu of an answer. The person shall indicate in writing which, if any, of the answers contain trade secrets or confidential information.

(b) Answers to interrogatories must be submitted under a sworn certificate in the form the related demand designates by a natural person having knowledge of the facts and circumstances relating to the preparation of the answers to the effect that all of the requested information in the possession, custody, control, or knowledge of the person to whom the demand is directed has been set forth fully and accurately.

Sec. 140A.059. ORAL EXAMINATION. (a) The examination of any person pursuant to a civil investigative demand for oral testimony duly served must be taken before any person authorized to administer oaths and affirmations under the laws of this state or the United States. The person before whom the testimony is to be taken shall put the witness on oath or affirmation and shall personally or by someone acting under the person's direction and in the person's presence record the witness's testimony. At the expense of the attorney general, and except as provided by this subsection, the testimony must be taken stenographically and may be transcribed. The attorney general may take audio and video recordings of the testimony by providing notice to the person to be examined not later than the seventh day before the day the person is to be examined.

(b) The oral testimony of any person taken pursuant to a demand served must be taken within 100 miles of the county where the person resides, is found, or transacts business or in any other place agreed on by the person and the attorney general.

(c) Any person compelled to appear under a demand for oral testimony may be accompanied, represented, and advised by counsel. Counsel may advise the person in confidence, either on the request of the person or on the counsel's own initiative, with respect to any question arising in connection with the examination.

(d) The individual conducting the examination on behalf of the attorney general shall exclude from the place of examination all other persons except the person being examined, the person's counsel, the counsel of the person to whom the demand has been issued, the person before whom the testimony is to be taken, any stenographer taking the testimony, audiographer, videographer, and any person assisting the individual conducting the examination.

(e) During the examination, the person being examined or the person's counsel may object on the record to any question in accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An objection may properly be made, received, and entered on the record when it is claimed that the person is entitled to refuse to answer the question on grounds of any constitutional or other privilege, including the privilege against self-incrimination. Neither that person nor the person's counsel may otherwise object to or refuse to answer any question or interrupt the oral examination. If the person refuses to answer any question, the attorney general may petition the district court in the county where the examination is being conducted for an order compelling the person to answer the question.

(f) After the testimony has been fully transcribed, the person before whom the testimony was taken shall promptly transmit the transcript of the testimony to the witness and a copy of the transcript to the attorney general. The witness must have a reasonable opportunity to examine the transcript and make any changes in form or substance accompanied by a statement of the reasons for the changes. The witness shall then sign and return the transcript. If the witness does not return the transcript to the person before whom the testimony was taken not later than the 20th day after the date the transcript was provided to the witness, the witness may be deemed to have waived the right to make changes. The officer shall then certify on the transcript that the witness was duly sworn and that the transcript is a true record of the testimony given by the witness and promptly transmit a copy of the certified transcript to the attorney general.

(g) On request, the attorney general shall furnish a copy of the certified transcript to the witness.

(h) The attorney general may provide the witness the same fees and mileage reimbursement that are paid to witnesses in the district courts of this state.

Sec. 140A.060. FAILURE TO COMPLY WITH DEMAND PETITION FOR ENFORCEMENT. If a person fails to comply with a civil investigative demand duly served on the person, the attorney general may file in the district court in the county in which the person resides, is found, or transacts business or in a district court of Travis County and may serve on the person a petition for an order of the court for enforcement. If the person transacts business in more than one county and the attorney general elects not to file the petition in Travis County, the petition must be filed in the county of the person's principal office or place of business in the state or in any other county as may be agreed on by the person and the attorney general.

Sec. 140A.061. DELIBERATE NONCOMPLIANCE. (a) A person commits an offense if the person, with intent to avoid, evade, or prevent compliance with a civil investigative demand issued under this subchapter, knowingly removes from any place, conceals, withholds, destroys, mutilates, alters, or by any other means falsifies any documentary material or otherwise provides inaccurate information.

(b) An offense under this section is a misdemeanor punishable by:

(1) a fine of not more than $5,000;

(2) confinement in a county jail for not more than one year; or

(3) both a fine and confinement.

Sec. 140A.062. DISCLOSURE AND USE OF MATERIAL AND INFORMATION. (a) The civil investigative demand issued by the attorney general, any information obtained, maintained, or created in response to the demand, or any documentary material, product of discovery, or other record derived or created during an investigation from the information, is not subject to disclosure under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for the release, except as described in Subsections (b) and (c).

(b) The attorney general may not release or disclose information that is obtained in response to a demand or any documentary material, product of discovery, or other record derived from the information except:

(1) by court order for good cause shown;

(2) with the consent of the person who provided the information to the attorney general;

(3) to an employee or other person under the direction of the attorney general;

(4) to an agency of this state, the United States, or another state or foreign country;

(5) to any party or person in accordance with Sections 140A.107 and 140A.108;

(6) to a political subdivision of this state; or

(7) to a person authorized by the attorney general to receive the information.

(c) The attorney general may use information obtained in response to a demand, or any documentary material, product of discovery, or other record derived or created from the information as the attorney general determines necessary in the enforcement of this chapter, including presentation before court.

Sec. 140A.063. JURISDICTION. If a petition is filed in the district court in any county, the court has jurisdiction to hear and determine the matter presented and to enter any order required to implement this chapter. Any final order is subject to appeal. Failure to comply with any final order entered by a court under this chapter is punishable by the court as contempt of the order.

Sec. 140A.064. NONEXCLUSIVE PROCEDURES. Nothing in this chapter precludes the attorney general from using any procedure not specified in this chapter in conducting a racketeering investigation.

SECTION 6. Chapter 140A, Civil Practice and Remedies Code, is amended by adding Subchapter C and adding a subchapter heading to read as follows:

SUBCHAPTER C. ENFORCEMENT

SECTION 7. Sections 140A.003 through 140A.013, Civil Practice and Remedies Code, are transferred to Subchapter C, Chapter 140A, Civil Practice and Remedies Code, as added by this Act, redesignated as Sections 140A.101 through 140A.111, Civil Practice and Remedies Code, and amended to read as follows:

Sec. 140A.101 [~~140A.003~~]. SUIT TO ABATE RACKETEERING. (a) The attorney general may bring suit in the name of the state against a person or enterprise for racketeering and may seek civil penalties, costs, reasonable attorney's fees, and appropriate injunctive relief.

(b) This chapter does not authorize suit by a person or enterprise that sustains injury as a result of racketeering.

(c) A suit under this chapter must be brought in a district court in a county in which all or part of the alleged racketeering offense giving rise to the suit occurred.

Sec. 140A.102 [~~140A.004~~]. INJUNCTIVE RELIEF; OTHER REMEDIES. (a) A court in which a proceeding is brought under this chapter may prevent, restrain, and remedy racketeering by issuing appropriate orders. The orders may include a temporary restraining order, a temporary or permanent injunction, the creation of a receivership, and the enforcement of a constructive trust in connection with any property or other interest, prejudgment writs of attachment under Chapter 61 for the purposes of freezing, preserving, and disgorging assets, or another order for a remedy or restraint the court considers proper.

(b) Following a final determination of liability under this chapter, the court may issue an appropriate order, including an order that:

(1) requires a person to divest any direct or indirect interest in an enterprise;

(2) imposes reasonable restrictions on the future activities or investments of a person that affect the laws of this state, including prohibiting a person from engaging in the type of endeavor or enterprise that gave rise to the racketeering offense, to the extent permitted by the constitutions of this state and the United States;

(3) requires the dissolution or reorganization of an enterprise involved in the suit;

(4) orders the recovery of reasonable fees, expenses, and costs incurred in obtaining injunctive relief or civil remedies or in conducting investigations under this chapter, including court costs, investigation costs, attorney's fees, witness fees, and deposition fees;

(5) orders payment to the state of an amount equal to:

(A) the gain acquired or maintained through racketeering; or

(B) the amount for which a person is liable under this chapter;

(6) orders payment to the state of a civil penalty by a person or enterprise found liable for racketeering, in an amount not to exceed $250,000 for each separately alleged and proven act of racketeering;

(7) orders payment of damages to the state for racketeering shown to have materially damaged the state; or

(8) orders that property attached under Chapter 61 be used to satisfy an award of the court, including damages, penalties, costs, and fees.

(1) the seriousness of the racketeering offense and the consequent financial or personal harm to the state or to any identified victim; [~~and~~]

(2) the duration of the racketeering activity; and

(3) any other matter that justice requires.

(d) If any property attached under Chapter 61 is not necessary to satisfy an award of the court after a finding of liability for racketeering of the person or enterprise having an interest in the property, the court may order that the property be disgorged to the state to the extent of the person's or enterprise's interest. To be disgorged, the property must be acquired or maintained by the person or enterprise through racketeering.

(e) In determining the amount of damages ordered under Subsection (b)(7), the court shall consider:

(1) loss of tax revenue to the state;

(2) unpaid state unemployment taxes;

(3) unpaid state licensing and regulatory fees;

(4) medical and counseling costs incurred by the state on behalf of any victim of the racketeering; and

(5) other material damage caused to the state by the racketeering.

(f) Except as otherwise provided by this chapter, remedies and awards ordered by a court under this chapter, including costs and reasonable attorney's fees, may be assessed against and paid from money or property awarded under this chapter.

(g) This chapter is not intended to provide the exclusive remedy for the activity addressed by this chapter. A proceeding under this chapter may be brought in addition to or in the alternative of any other civil or criminal action available under the laws of this state.

(h) Notwithstanding any other provision in this chapter, Articles 59.13 and 59.14, Code of Criminal Procedure, apply to a remedy under this section.

(i) A remedy under this section may not impair a security interest in property subject to a bona fide lien.

Sec. 140A.103 [~~140A.005~~]. CONSTRUCTIVE TRUST. (a) A person or enterprise that, through racketeering, acquires property or prevents another person from receiving property that by law is required to be transferred or paid to that person is an involuntary trustee. The involuntary trustee or any other person or enterprise, other than a bona fide purchaser for value as described by Subsection (b), holds the property and the proceeds of the property in constructive trust for the benefit of any person entitled to remedies under this chapter.

(b) A bona fide purchaser for value who was reasonably without notice of unlawful conduct and who did not knowingly take part in an illegal transaction is not an involuntary trustee under Subsection (a) and is not subject to a constructive trust imposed under this chapter.

Sec. 140A.104 [~~140A.006~~]. EVIDENCE. (a) In a proceeding under this chapter, the state bears the burden of proof by a preponderance of the evidence.

(b) A person convicted in a criminal proceeding is precluded, in a proceeding under this chapter, from subsequently denying the essential allegations of the criminal offense of which the person was convicted. For purposes of this subsection, a verdict or a plea, including a plea of nolo contendere, is considered a conviction.

(c) An individual may not be held liable under this chapter based on the conduct of another person unless the finder of fact finds by a preponderance of the evidence that the individual authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the other person.

(d) An enterprise may not be held liable under this chapter based on the conduct of an agent unless the finder of fact finds by a preponderance of the evidence that a director or high managerial agent performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the agent.

(e) A bank or savings and loan association insured by the Federal Deposit Insurance Corporation, a credit union insured by the National Credit Union Administration, or the holder of a money transmission license as defined by Chapter 151, Finance Code, may not be held liable in damages or for other relief under this chapter, unless the finder of fact finds by a preponderance of the evidence that the person or agent acquiring or maintaining an interest in or transporting, transacting, transferring, or receiving the funds on behalf of another did so knowing that the funds were the proceeds of an offense and that a director or high managerial agent performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the person or agent.

Sec. 140A.105 [~~140A.007~~]. LIMITATIONS PERIOD. A proceeding may be commenced under this chapter only if the proceeding is filed on or before the seventh anniversary of the date on which the racketeering offense was actually discovered. This section supersedes any conflicting provision establishing a shorter period of limitations for the same conduct.

Sec. 140A.106 [~~140A.008~~]. SPECIAL DOCKETING PROCEDURES. The attorney general may file with the clerk of the district court in which a proceeding is brought under this chapter a certificate stating that the case is of special public importance. The clerk must immediately furnish a copy of the certificate to the administrative judge of the district court of the county in which the proceeding is pending. On receiving the copy of the certificate, the administrative judge shall immediately designate a judge to hear and determine the proceeding. The designated judge shall promptly assign the proceeding for hearing, participate in hearings, make determinations, and cause the action to be expedited.

Sec. 140A.107 [~~140A.009~~]. NOTICE TO LOCAL PROSECUTOR. (a) In a reasonable time before initiating suit or on initiating an investigation on racketeering, the attorney general shall provide notice to the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction that appears to have primary jurisdiction over the criminal prosecution of any target of an investigation under this chapter at the time of the notice concerning the attorney general's intent to file suit under this chapter or investigate racketeering, as applicable.

(b) The notices described by Subsection (a) must describe or otherwise identify the defendant to the suit or the suspect, as applicable.

Sec. 140A.108 [~~140A.010~~]. COOPERATION WITH LOCAL PROSECUTOR. (a) A district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction that receives notice under Section 140A.107 [~~140A.009~~] may notify the attorney general of a related pending criminal investigation or prosecution.

(b) Notification to the attorney general under Subsection (a) must be in writing and describe or otherwise identify the defendant or suspect in the criminal investigation or proceeding.

(c) On receipt of notice described by Subsection (a), the attorney general shall coordinate and cooperate with the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction to ensure that the filing of a suit under this chapter does not interfere with an ongoing criminal investigation or prosecution. The attorney general shall update the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction on matters affecting the suit or the investigation.

Sec. 140A.109 [~~140A.011~~]. ABATEMENT OF SUIT. If the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction determines that a suit brought under this chapter would interfere with an ongoing criminal investigation or prosecution after notifying the attorney general of the investigation or prosecution under Section 140A.108 [~~140A.010~~], the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction may request, in writing, that the attorney general abate the suit. On receipt of this request, the attorney general shall abate the suit.

Sec. 140A.110 [~~140A.012~~]. DISPOSITION OF ASSETS. (a) An award issued in an action brought under this chapter must be paid in accordance with this section.

(b) After a deduction of any costs of suit, including reasonable attorney's fees and court costs, 80 percent of the amount of the award remaining must be paid to the state, and the remaining 20 percent must be paid, on a pro rata basis, to each law enforcement agency, district attorney's office, criminal district attorney's office, and office of a county attorney with felony criminal jurisdiction found by the court to have assisted in the suit.

(c) The first $10 million, after any costs of suit described by Subsection (b), that is paid to the state under this chapter in a fiscal year shall be dedicated to the compensation to victims of crime fund described by Article 56.54, Code of Criminal Procedure.

Sec. 140A.111 [~~140A.013~~]. PREVIOUSLY SEIZED ASSETS. Notwithstanding another provision of this chapter, no remedies provided by this chapter may be assessed against proceeds, contraband, or other property over which a law enforcement agency has previously asserted jurisdiction under Chapter 59, Code of Criminal Procedure, at the time a suit under this chapter was filed.

SECTION 8. Article 24A.001, Code of Criminal Procedure, is amended to read as follows:

Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a subpoena, search warrant, or other court order that:

(1) relates to the investigation or prosecution of a criminal offense under:

(A) Section 21.02, 21.11, 22.011, or 22.021, Penal Code;

(B) Chapter 20A, Penal Code;

(D) Chapter 43, Penal Code; and

(2) is served on or issued with respect to an online [~~Internet~~] service provider that provides service in this state.

SECTION 9. Subchapter A, Chapter 24A, Code of Criminal Procedure, is amended by adding Article 24A.0015 to read as follows:

Art. 24A.0015. DEFINITION. In this chapter, "online service provider" means an Internet service provider, search engine, web hosting company, web browsing company, manufacturer of devices providing online application platforms, or company providing online social media platforms.

SECTION 10. Articles 24A.002(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) Except as provided by Subsection (b), not later than the 10th day after the date on which an online [~~Internet~~] service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online [~~Internet~~] service provider shall:

(1) fully comply with the subpoena, warrant, or order; or

(2) petition a court to excuse the online [~~Internet~~] service provider from complying with the subpoena, warrant, or order.

(b) As soon as is practicable, and in no event later than the second business day after the date the online [~~Internet~~] service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online [~~Internet~~] service provider shall fully comply with the subpoena, search warrant, or order if the subpoena, search warrant, or order indicates that full compliance is necessary to address a situation that threatens a person with death or other serious bodily injury.

SECTION 11. Article 24A.003, Code of Criminal Procedure, is amended to read as follows:

Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An online [~~Internet~~] service provider that disobeys a subpoena, search warrant, or other court order described by Article 24A.001 and that was not excused from complying with the subpoena, warrant, or order under Article 24A.002(a)(2) may be punished in any manner provided by law.

SECTION 12. Article 24A.051, Code of Criminal Procedure, is amended to read as follows:

Art. 24A.051. PRESERVING INFORMATION. (a) On written request of a law enforcement agency in this state or a federal law enforcement agency and pending the issuance of a subpoena or other court order described by Article 24A.001, an online [~~Internet~~] service provider that provides service in this state shall take all steps necessary to preserve all records or other potential evidence in a criminal trial that is in the possession of the online [~~Internet~~] service provider.

(b) Subject to Subsection (c), an online [~~Internet~~] service provider shall preserve information under Subsection (a) for a period of 90 days after the date the online [~~Internet~~] service provider receives the written request described by Subsection (a).

(c) An online [~~Internet~~] service provider shall preserve information under Subsection (a) for the 90-day period immediately following the 90-day period described by Subsection (b) if the requesting law enforcement agency in writing requests an extension of the preservation period.

SECTION 13. Article 45.0216(f), Code of Criminal Procedure, is amended to read as follows:

(f) The court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged from the person's record if the court finds that:

(1) for a person applying for the expunction of a conviction for an offense described by Section 8.07(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child; and

(2) for a person applying for the expunction of a conviction for an offense described by Section 43.261, Penal Code, the person was not found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(6) [~~51.03(b)(7)~~], Family Code, while the person was a child.

SECTION 14. Article 56.32(a)(9), Code of Criminal Procedure, is amended to read as follows:

(9) "Pecuniary loss" means the amount of expense reasonably and necessarily incurred as a result of personal injury or death for:

(A) medical, hospital, nursing, or psychiatric care or counseling, or physical therapy;

(B) actual loss of past earnings and anticipated loss of future earnings and necessary travel expenses because of:

(i) a disability resulting from the personal injury;

(ii) the receipt of medically indicated services related to the disability resulting from the personal injury; or

(iii) participation in or attendance at investigative, prosecutorial, or judicial processes related to the criminally injurious conduct and participation in or attendance at any postconviction or postadjudication proceeding relating to criminally injurious conduct;

(D) funeral and burial expenses, including, for an immediate family member or household member of the victim, the necessary expenses of traveling to and attending the funeral;

(E) loss of support to a dependent, consistent with Article 56.41(b)(5);

(F) reasonable and necessary costs of cleaning the crime scene;

(G) reasonable replacement costs for clothing, bedding, or property of the victim seized as evidence or rendered unusable as a result of the criminal investigation;

(H) reasonable and necessary costs for relocation and housing rental assistance payments as provided by Article 56.42(d);

(I) for an immediate family member or household member of a deceased victim, bereavement leave of not more than 10 work days; and

(J) reasonable and necessary costs of traveling to and from a place of execution for the purpose of witnessing the execution, including one night's lodging near the place at which the execution is conducted.

SECTION 15. Article 62.001(5), Code of Criminal Procedure, is amended to read as follows:

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.02 (Continuous sexual abuse of young child or children), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(B-1) a violation of Section 43.02 (Prostitution), Penal Code, if the offense is punishable under Subsection (c-1)(3) [~~(c)(3)~~] of that section;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age;

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), (E), [or] (K), or (L);

(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), (G), (J), [or] (K), or (L), but not if the violation results in a deferred adjudication;

(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication;

(J) a violation of Section 33.021 (Online solicitation of a minor), Penal Code; [or]

(K) a violation of Section 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons), Penal Code; or

(L) a violation of Section 20A.03 (Continuous trafficking of persons), Penal Code, if the offense is based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code.

SECTION 16. Article 62.005(b), Code of Criminal Procedure, is amended to read as follows:

(b) The information contained in the database, including the numeric risk level assigned to a person under this chapter, is public information, with the exception of any information:

(1) regarding the person's social security number or driver's license number, or any home, work, or cellular telephone number of the person;

(2) that is described by Article 62.051(c)(7) or required by the department under Article 62.051(c)(9) [~~62.051(c)(8)~~], including any information regarding an employer's name, address, or telephone number; or

(3) that would identify the victim of the offense for which the person is subject to registration.

SECTION 17. Article 62.051(c), Code of Criminal Procedure, is amended to read as follows:

(1) the person's full name, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, and shoe size;

(1-a) the address at which the person resides or intends to reside or, if the person does not reside or intend to reside at a physical address, a detailed description of each geographical location at which the person resides or intends to reside;

(1-b) each alias used by the person and any home, work, or cellular telephone number of the person;

(2) a recent color photograph or, if possible, an electronic digital image of the person and a complete set of the person's fingerprints;

(3) the type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received;

(4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision;

(5) an indication of each license, as defined by Article 62.005(g), that is held or sought by the person;

(6) an indication as to whether the person is or will be employed, carrying on a vocation, or a student at a particular public or private institution of higher education in this state or another state, and the name and address of that institution;

(7) the identification of any online identifier established or used by the person;

(8) the vehicle registration information, including the make, model, vehicle identification number, color, and license plate number, of any vehicle owned by the person, if the person has a reportable conviction or adjudication for an offense under:

(A) Section 20A.02(a)(3), (4), (7), or (8), Penal Code; or

(B) Section 20A.03, Penal Code, if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code; and

(9) [~~(8)~~] any other information required by the department.

SECTION 18. Article 62.101(a), Code of Criminal Procedure, is amended to read as follows:

(a) Except as provided by Subsection (b) and Subchapter I, the duty to register for a person ends when the person dies if the person has a reportable conviction or adjudication, other than an adjudication of delinquent conduct, for:

(1) a sexually violent offense;

(2) an offense under Section 20A.02(a)(3), (4), (7), or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;

(3) an offense under Section 20A.03, Penal Code, if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code;

(4) an offense under Section 21.11(a)(2), Penal Code, if before or after the person is convicted or adjudicated for the offense under Section 21.11(a)(2), Penal Code, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration under this chapter;

(5) [~~(4)~~] an offense under Section 20.02, 20.03, or 20.04, Penal Code, if:

(A) the judgment in the case contains an affirmative finding under Article 42.015 or, for a deferred adjudication, the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age; and

(B) before or after the person is convicted or adjudicated for the offense under Section 20.02, 20.03, or 20.04, Penal Code, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration under this chapter; or

(6) [~~(5)~~] an offense under Section 43.23, Penal Code, that is punishable under Subsection (h) of that section.

SECTION 19. Subchapter A, Chapter 130, Education Code, is amended by adding Section 130.0105 to read as follows:

Sec. 130.0105. COMMERCIAL DRIVER'S LICENSE TRAINING PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The Texas Higher Education Coordinating Board by rule shall require each public junior college offering a commercial driver's license training program to include as a part of that program education and training on the recognition and prevention of human trafficking.

(b) The Texas Higher Education Coordinating Board, in collaboration with the office of the attorney general, shall establish the content of the education and training required by this section.

SECTION 20. Subchapter A, Chapter 132, Education Code, is amended by adding Section 132.006 to read as follows:

Sec. 132.006. COMMERCIAL DRIVER'S LICENSE TRAINING PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The commission by rule shall require each career school or college offering a commercial driver's license training program to include as a part of that program education and training on the recognition and prevention of human trafficking.

(b) The commission, in collaboration with the office of the attorney general, shall establish the content of the education and training required by this section.

SECTION 21. Section 51.03(b), Family Code, as amended by Chapters 935 (HB 2398), 944 (SB 206), and 1273 (SB 825), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows:

(b) Conduct indicating a need for supervision is:

(1) subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B) the penal ordinances of any political subdivision of this state;

(2) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

(3) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;

(4) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code;

(5) [~~(6)~~] notwithstanding Subsection (a)(1), conduct described by Section 43.02(a) or (b), Penal Code; or

(6) [~~(7)~~] notwithstanding Subsection (a)(1), conduct that violates Section 43.261, Penal Code.

SECTION 22. Section 51.13(e), Family Code, is amended to read as follows:

(e) A finding that a child engaged in conduct indicating a need for supervision as described by Section 51.03(b)(6) [~~51.03(b)(7)~~] is a conviction only for the purposes of Sections 43.261(c) and (d), Penal Code.

SECTION 23. Section 54.0404(a), Family Code, is amended to read as follows:

(a) If a child is found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(6) [~~51.03(b)(7)~~], the juvenile court may enter an order requiring the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.

SECTION 24. Section 58.003(c-3), Family Code, is amended to read as follows:

(c-3) Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court, on the court's own motion and without a hearing, shall order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(5) [~~51.03(b)(6)~~] or taken into custody to determine whether the child engaged in conduct indicating a need for supervision described by Section 51.03(b)(5) [~~51.03(b)(6)~~]. This subsection applies only to records related to conduct indicating a need for supervision described by Section 51.03(b)(5) [~~51.03(b)(6)~~].

SECTION 25. Section 23.101(a), Government Code, is amended to read as follows:

(a) The trial courts of this state shall regularly and frequently set hearings and trials of pending matters, giving preference to hearings and trials of the following:

(1) temporary injunctions;

(2) criminal actions, with the following actions given preference over other criminal actions:

(A) criminal actions against defendants who are detained in jail pending trial;

(B) criminal actions involving a charge that a person committed an act of family violence, as defined by Section 71.004, Family Code;

(i) Section 21.02 or 21.11, Penal Code;

(ii) Chapter 22, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iii) Section 25.02, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iv) Section 25.06, Penal Code;

(v) Section 43.25, Penal Code; or

(vi) Section 20A.02(a)(7), 20A.02(a)(8), or 20A.03, Penal Code;

(D) an offense described by Article 62.001(6)(C) or (D), Code of Criminal Procedure; and

(E) criminal actions against persons who are detained as provided by Section 51.12, Family Code, after transfer for prosecution in criminal court under Section 54.02, Family Code;

(3) election contests and suits under the Election Code;

(4) orders for the protection of the family under Subtitle B, Title 4, Family Code;

(5) appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims and claims under the Federal Employers' Liability Act and the Jones Act;

(6) appeals of final orders of the commissioner of the General Land Office under Section 51.3021, Natural Resources Code;

(7) actions in which the claimant has been diagnosed with malignant mesothelioma, other malignant asbestos-related cancer, malignant silica-related cancer, or acute silicosis; and

(8) appeals brought under Section 42.01 or 42.015, Tax Code, of orders of appraisal review boards of appraisal districts established for counties with a population of less than 175,000.

SECTION 26. Section 126.002(a), Government Code, as transferred and redesignated from Section 169A.002, Health and Safety Code, by Chapters 604 (SB 536) and 1236 (SB 1296), Acts of the 84th Legislature, Regular Session, 2015, and as amended by Chapters 604 (SB 536) and 1273 (SB 825), Acts of the 84th Legislature, Regular Session, 2015, is reenacted to read as follows:

(a) The commissioners court of a county or governing body of a municipality may establish a commercially sexually exploited persons court program for defendants charged with an offense under Section 43.02(a), Penal Code.

SECTION 27. Section 402.035(c), Government Code, as amended by Chapters 146 (HB 188), 332 (HB 10), and 734 (HB 1549), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows:

(1) the governor or the governor's designee;

(2) the attorney general or the attorney general's designee;

(3) the executive commissioner of the Health and Human Services Commission or the executive commissioner's designee;

(4) the commissioner of the Department of Family and Protective Services or the commissioner's designee;

(5) the commissioner of the Department of State Health Services or the commissioner's designee;

(6) the public safety director of the Department of Public Safety or the director's designee;

(7) one representative from each of the following state agencies, appointed by the chief administrative officer of the respective agency:

(A) the Texas Workforce Commission;

(B) the Texas Department of Criminal Justice;

(D) the Texas Education Agency;

(E) [~~(D)~~] the Texas Alcoholic Beverage Commission;

(F) the [~~Texas~~] Parks and Wildlife Department; [~~and~~]

(G) the Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families;

(H) the Texas Department of Licensing and Regulation;

(I) the Office of Court Administration of the Texas Judicial System;

(J) the office of the secretary of state; and

(K) the Texas Commission on Law Enforcement; and

(8) as appointed by the attorney general:

(A) a chief public defender employed by a public defender's office, as defined by Article 26.044(a), Code of Criminal Procedure, or an attorney designated by the chief public defender;

(B) an attorney representing the state;

(i) a hotel and motel association;

(ii) a district and county attorneys association;

(iii) a state police association; and

(iv) a statewide medical association;

(D) representatives of sheriff's departments;

(E) representatives of local law enforcement agencies affected by human trafficking; and

(F) representatives of nongovernmental entities making comprehensive efforts to combat human trafficking by:

(i) identifying human trafficking victims;

(ii) providing legal or other services to human trafficking victims;

(iii) participating in community outreach or public awareness efforts regarding human trafficking;

(iv) providing or developing training regarding the prevention of human trafficking; or

(v) engaging in other activities designed to prevent human trafficking.

SECTION 28. Section 402.035(d), Government Code, as amended by Chapters 146 (HB 188) and 332 (HB 10), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows:

(d) The task force shall:

(1) collaborate, as needed to fulfill the duties of the task force, with:

(A) United States attorneys' offices [~~Attorneys' Offices~~] for all of the federal districts of Texas; and

(B) special agents or customs and border protection officers and border patrol agents of:

(i) the Federal Bureau of Investigation;

(ii) the United States Drug Enforcement Administration;

(iii) the Bureau of Alcohol, Tobacco, Firearms and Explosives;

(iv) United States Immigration and Customs Enforcement; or

(v) the United States Department of Homeland Security;

(2) collect, organize, and periodically publish statistical data on the nature and extent of human trafficking in this state, including data described by Subdivisions (4)(A), (B), (C), (D), and (E);

(3) solicit cooperation and assistance from state and local governmental agencies, political subdivisions of the state, nongovernmental organizations, and other persons, as appropriate, for the purpose of collecting and organizing statistical data under Subdivision (2);

(4) ensure that each state or local governmental agency and political subdivision of the state and each state or local law enforcement agency, district attorney, or county attorney that assists in the prevention of human trafficking collects statistical data related to human trafficking, including, as appropriate:

(A) the number of investigations concerning, arrests and prosecutions for, and convictions of:

(i) the offense of trafficking of persons;

(ii) the offense of forgery or an offense under Chapter 43, Penal Code, if the offense was committed as part of a criminal episode involving the trafficking of persons; and

(iii) an offense punishable under Section 43.02(c-1)(3) [~~43.02(c)(3)~~], Penal Code, regardless of whether the offense was committed as part of a criminal episode involving the trafficking of persons;

(B) demographic information on persons who are convicted of offenses described by Paragraph (A) and persons who are the victims of those offenses;

(C) geographic routes by which human trafficking victims are trafficked, including routes by which victims are trafficked across this state's international border, and geographic patterns in human trafficking, including the country or state of origin and the country or state of destination;

(D) means of transportation and methods used by persons who engage in trafficking to transport their victims; and

(E) social and economic factors that create a demand for the labor or services that victims of human trafficking are forced to provide;

(5) work with the Texas Commission on Law Enforcement to develop and conduct training for law enforcement personnel, victim service providers, and medical service providers to identify victims of human trafficking;

(6) work with the Texas Education Agency, the Department of Family and Protective Services, and the Health and Human Services Commission to:

(A) develop a list of key indicators that a person is a victim of human trafficking;

(B) develop a standardized curriculum for training doctors, nurses, emergency medical services personnel, teachers, school counselors, school administrators, and personnel from the Department of Family and Protective Services and the Health and Human Services Commission to identify and assist victims of human trafficking;

(C) train doctors, nurses, emergency medical services personnel, teachers, school counselors, school administrators, and personnel from the Department of Family and Protective Services and the Health and Human Services Commission to identify and assist victims of human trafficking;

(D) develop and conduct training for personnel from the Department of Family and Protective Services and the Health and Human Services Commission on methods for identifying children in foster care who may be at risk of becoming victims of human trafficking; and

(E) develop a process for referring identified human trafficking victims and individuals at risk of becoming victims to appropriate entities for services;

(7) on the request of a judge of a county court, county court at law, or district court or a county attorney, district attorney, or criminal district attorney, assist and train the judge or the judge's staff or the attorney or the attorney's staff in the recognition and prevention of human trafficking;

(8) examine training protocols related to human trafficking issues, as developed and implemented by federal, state, and local law enforcement agencies;

(9) collaborate with state and local governmental agencies, political subdivisions of the state, and nongovernmental organizations to implement a media awareness campaign in communities affected by human trafficking;

(10) develop recommendations on how to strengthen state and local efforts to prevent human trafficking, protect and assist human trafficking victims, curb markets and other economic avenues that facilitate human trafficking and investigate and prosecute human trafficking offenders;

(11) examine the extent to which human trafficking is associated with the operation of sexually oriented businesses, as defined by Section 243.002, Local Government Code, and the workplace or public health concerns that are created by the association of human trafficking and the operation of sexually oriented businesses; [~~and~~]

(12) develop recommendations for addressing the demand for forced labor or services or sexual conduct involving victims of human trafficking, including recommendations for increased penalties for individuals who engage or attempt to engage in prostitution with victims younger than 18 years of age; and

(13) [~~(12)~~] identify and report to the governor and legislature on laws, licensure requirements, or other regulations that can be passed at the state and local level to curb trafficking using the Internet and in sexually oriented businesses.

SECTION 29. Section 81.046(d), Health and Safety Code, is amended to read as follows:

(d) In a case of sexually transmitted disease involving a minor under 14 [13] years of age, information may not be released, except that the child's name, age, and address and the name of the disease may be released to appropriate agents as required by Chapter 261, Family Code. This subsection does not affect a person's duty to report child abuse or neglect under Subchapter B, Chapter 261, Family Code, except that information made confidential by this chapter may not be released. If that information is required in a court proceeding involving child abuse, the information shall be disclosed in camera.

SECTION 30. Section 20A.02(b), Penal Code, is amended to read as follows:

(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:

(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time of [~~the actor commits~~] the offense; or

(2) the commission of the offense results in the death of the person who is trafficked.

SECTION 31. Section 21.02(b), Penal Code, is amended to read as follows:

(b) A person commits an offense if:

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.

SECTION 32. Section 21.11(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any person:

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of the child's genitals.

SECTION 33. Section 22.011(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if [~~the person~~]:

(1) the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

SECTION 34. Section 22.021(a), Penal Code, is amended to read as follows:

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or

SECTION 35. Section 43.01, Penal Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Fee" means the payment or offer of payment in the form of money, goods, services, or other benefit.

SECTION 36. Sections 43.02(a) and (b), Penal Code, are amended to read as follows:

(a) A person commits an offense if[~~, in return for receipt of a fee,~~] the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct[:

[~~(1)~~ ~~offers to engage, agrees to engage, or engages in sexual conduct; or~~

[~~(2)~~ ~~solicits another in a public place to engage with the actor in sexual conduct for hire~~].

(b) A person commits an offense if[~~, based on the payment of a fee by the actor or another person on behalf of the actor,~~] the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another[:

[~~(1)~~ ~~offers to engage, agrees to engage, or engages in sexual conduct; or~~

[~~(2)~~ ~~solicits another in a public place to engage with the actor in sexual conduct for hire~~].

SECTION 37. Section 43.02, Penal Code, as amended by Chapters 332 (HB 10) and 1273 (SB 825), Acts of the 84th Legislature, Regular Session, 2015, is amended by reenacting Subsection (c) and reenacting and amending Subsection (c-1) to read as follows:

(1) a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or

(2) a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).

(c-1) An offense under Subsection (b) is a Class B misdemeanor, except that the offense is:

(1) a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (b);

(2) a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (b); or

(3) a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct [~~solicited~~] is:

(A) younger than 18 years of age, regardless of whether the actor knows the age of the person [~~solicited~~] at the time of [~~the actor commits~~] the offense;

(B) represented to the actor as being younger than 18 years of age; or

SECTION 38. Section 43.03(b), Penal Code, is amended to read as follows:

(b) An offense under this section is a state jail felony [~~Class A misdemeanor~~], except that the offense is:

(1) a felony of the third degree [~~state jail felony~~] if the actor has been previously convicted of an offense under this section; or

(2) a felony of the second degree if the actor engages in conduct described by Subsection (a)(1) or (2) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of [~~the actor commits~~] the offense.

SECTION 39. Section 43.04(b), Penal Code, is amended to read as follows:

(b) An offense under this section is a felony of the second [~~third~~] degree, except that the offense is a felony of the first degree if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of [~~the actor commits~~] the offense.

SECTION 40. Section 43.05(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person knowingly:

(1) causes another by force, threat, or fraud to commit prostitution; or

(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of [~~the actor commits~~] the offense.

SECTION 41. Section 43.25, Penal Code, is amended by amending Subsections (c) and (e) and adding Subsection (h) to read as follows:

(c) An offense under Subsection (b) is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.

(e) An offense under Subsection (d) is a felony of the third degree, except that the offense is a felony of the second degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.

(h) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense.

SECTION 42. Section 43.251, Penal Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:

(c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the child is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the child at the time of the offense.

(d) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the child at the time of the offense.

SECTION 43. Subchapter C, Chapter 522, Transportation Code, is amended by adding Section 522.035 to read as follows:

Sec. 522.035. RECOGNITION AND PREVENTION OF HUMAN TRAFFICKING. The department shall provide informational materials regarding the recognition and prevention of human trafficking for distribution to commercial driver's license applicants. The department may coordinate with organizations that specialize in the recognition and prevention of human trafficking to provide informational materials as required by this section.

SECTION 44. The following laws are repealed:

(1) Section 402.035(h), Government Code; and

(2) Section 43.02(b-1), Penal Code.

SECTION 45. (a) Except as provided by Subsection (b) of this section, the changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

(b) The changes in law made by this Act in amending Chapter 62, Code of Criminal Procedure, apply only to a person who is required to register under Chapter 62, Code of Criminal Procedure, on the basis of a conviction or adjudication for or based on an offense committed on or after the effective date of this Act. A person who is required to register under Chapter 62, Code of Criminal Procedure, solely on the basis of a conviction or adjudication for or based on an offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 46. The change in law made by this Act to Chapter 24A, Code of Criminal Procedure, applies only to a subpoena, search warrant, or other court order issued on or after the effective date of this Act. A subpoena, search warrant, or other court order issued before the effective date of this Act is governed by the law in effect on the date the warrant was issued, and the former law is continued in effect for that purpose.

SECTION 47. (a) The attorney general shall adopt rules to implement Section 102.101, Business & Commerce Code, as added by this Act, not later than September 1, 2018.

(b) Each sexually oriented business shall post the sign required by Section 102.101, Business & Commerce Code, as added by this Act, not later than March 1, 2019.

SECTION 48. (a) Not later than December 1, 2017, the Texas Higher Education Coordinating Board shall adopt rules necessary to implement Section 130.0105, Education Code, as added by this Act.

(b) Not later than December 1, 2017, the Texas Workforce Commission shall adopt rules necessary to implement Section 132.006, Education Code, as added by this Act.

(c) Not later than December 1, 2017, the Department of Public Safety shall provide informational materials as required by Section 522.035, Transportation Code, as added by this Act.

SECTION 49. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 50. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2017.

(b) Section 102.102, Business & Commerce Code, as added by this Act, takes effect March 1, 2019.

Representative S. Thompson moved to adopt the conference committee report on HB 29.

The motion to adopt the conference committee report on HB 29 prevailed by (Record 1998): 144 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes; Geren; Gutierrez; VanDeaver.

STATEMENT OF VOTE

When Record No. 1998 was taken, I was in the house but away from my desk. I would have voted yes.

VanDeaver

HB 2912 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative P. King submitted the following conference committee report on HB 2912:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2912 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Estes

P. King

Garcia

Lambert

Nelson

Morrison

Dean

On the part of the senate

On the part of the house

HB 2912, A bill to be entitled An Act relating to the creation of the New Fairview Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7987 to read as follows:

CHAPTER 7987. NEW FAIRVIEW MUNICIPAL UTILITY DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7987.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the New Fairview Municipal Utility District No. 1.

Sec. 7987.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7987.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Sec. 7987.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT AGREEMENT REQUIRED. (a) The temporary directors may not hold an election under Section 7987.003, undertake an improvement project, impose taxes or fees, or issue bonds or otherwise borrow money until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has:

(1) consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district; and

(2) entered into a development agreement under Section 212.172, Local Government Code, with an owner or owners of a majority of the land described by Section 2 of the Act enacting this chapter.

(b) If a development agreement described by Subsection (a)(2) has not been executed before March 1, 2019:

(1) the temporary directors may not call a confirmation election under Section 7987.003;

(2) the district is dissolved; and

(3) this chapter expires March 1, 2020.

Sec. 7987.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7987.006. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

Sec. 7987.007. CITY CONSENT TO CREATION OF DISTRICT. The city's consent to the creation of the district is not subject to the limitations on the conditions or other restrictions the city may place on its consent under Section 42.042, Local Government Code.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7987.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7987.052, directors serve staggered four-year terms.

Sec. 7987.052. TEMPORARY DIRECTORS. (a) On or after September 1, 2017, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition. The commission shall appoint as temporary directors the five persons named in the petition.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7987.003; or

(2) September 1, 2021.

(c) If permanent directors have not been elected under Section 7987.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 7987.003; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7987.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7987.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 7987.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7987.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 7987.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Sec. 7987.106. CITY REQUIREMENTS. An improvement project in the district must comply with applicable requirements of the city, including codes and ordinances, unless a requirement is specifically waived or superseded by a development agreement entered into under Section 7987.107 or another agreement with the city applicable to property located in the district.

Sec. 7987.107. DEVELOPMENT AND OPERATING AGREEMENT REQUIRED. After the district's board is organized, but before the district may undertake any improvement project, impose taxes or fees, or issue bonds or otherwise borrow money, the district must become a party to and assume all applicable obligations, requirements, and limitations in the development agreement entered into between the city and the owner or owners of a majority of land in the district, including any limitation imposed by the city.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7987.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 7987.153.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Sec. 7987.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7987.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

Sec. 7987.153. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 7987.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 7987.202. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 7987.203. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The New Fairview Municipal Utility District No. 1 initially includes all the territory contained in the following area:

BEING A 634.507 ACRES TRACT OF LAND CALLED OUT OF THE T. CARPENTER SURVEY, ABSTRACT NO. 172 AND THE W. BRAMLETT SURVEY, ABSTRACT NO. 123, WISE COUNTY, TEXAS: BEING ALL OF THOSE CERTAIN TRACTS OF LAND AS DESCRIBED IN VOLUME 155, PAGE 580, & VOLUME 123, PAGE 290, DEED RECORDS, WISE COUNTY, TEXAS, AND CONTAINING ALL OF THOSE CERTAIN TRACTS OF LAND AS DESCRIBED IN CLERK FILE NO. 201600522 & CLERK FILE NO. 201600523, OFFICIAL RECORDS, WISE COUNTY, TEXAS: BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING AT A SET 1/2"IRON ROD WITH PLASTIC CAP IN THE EAST LINE OF THE FORT WORTH & DENVER CITY RAILROAD RIGHT OF WAY, BEING FIFTY FEET EAST OF & PERPENDICULAR TO THE CENTER OF THE EXISTING RAILROAD LINE, AT THE NORTHWEST CORNER OF THE THIRD TRACT (V. 123, P. 290), SAME BEING THE SOUTHWEST CORNER OF A CALLED 30 ACRES TRACT OF LAND DESCRIBED IN VOLUME 5, PAGE 151, D.R.W.C.T., FOR THE NORTHWEST AND BEGINNING CORNER OF THIS TRACT.

THENCE ALONG THE SOUTH & EAST LINES OF SAID 30 ACRES AS FOLLOWS:

1) N 89°35'28" E 2484.06 FEET TO A 4" STEEL FENCE CORNER POST, FOR AN ELL CORNER OF THIS TRACT.

2) N 01°02'34" W 533.58 FEET TO A FOUND 1" IRON PIPE AT THE SOUTHEAST CORNER OF THAT CALLED 187.08 ACRES AS DESCRIBED IN CLERK FILE NO. 201322567, O.R.W.C.T., FOR A CORNER OF THIS TRACT.

3) THENCE N 00°16'14" E 349.12 FEET TO A FOUND 3/8" IRON ROD AT THE SOUTHWEST CORNER OF THOSE CERTAIN TRACTS OF LAND DESCRIBED IN VOLUME 1643, PAGE 644, O.R.W.C.T., FOR THE NORTHWEST CORNER OF THIS TRACT.

4) THENCE N 89°40'40" E AT 1203.8 FEET PASS A FOUND 1/2" IRON ROD WITH PLASTIC CAP STAMPED "MANNING" AT THE NORTHWEST CORNER OF THAT CALLED 34.00 ACRES TRACT OF LAND DESCRIBED IN CLERK FILE NO. 201600522, O.R.W.C.T., AT 2609.13 FEET PASS A FOUND 3/8" IRON ROD IN THE FENCED WEST LINE OF PIONEER STREET, A GRAVEL SURFACE, FOR A TOTAL DISTANCE OF 2632.66 FEET TO A POINT, FOR THE NORTHEAST CORNER OF THIS TRACT.

5) THENCE S 00°25'18" E 3975.79 FEET WITHIN SAID PIONEER STREET TO A POINT, AT THE NORTHEAST CORNER OF THAT CALLED 3.673 ACRES CONVEYED TO BRAZOS ELECTRIC POWER COOPERATIVE, INC. IN VOLUME 931, PAGE 495, O.R.W.C.T., FOR A CORNER OF THIS TRACT.

THENCE ALONG THE NORTH, WEST, & SOUTH LINES OF SAID BRAZOS ELECTRIC TRACT AS FOLLOWS:

6) S 89°39'22" W 400.00 FEET TO A FOUND CAPPED 3/4" IRON ROD;

7) S 00°20'10" E 399.94 FEET TO A FOUND CAPPED 3/4" IRON ROD;

8) N 89°39'51" E 400.01 FEET TO A POINT WITHIN SAID PIONEER STREET, FOR A CORNER OF THIS TRACT.

9) THENCE S 00°20'12" E 358.93 FEET WITHIN SAID PIONEER STREET TO A FOUND 3/8" IRON ROD IN THE NORTH LINE OF THAT CALLED 80 ACRES TRACT OF LAND DESCRIBED IN VOLUME 1547, PAGE 588, O.R.W.C.T., FOR THE EASTERLY SOUTHEAST CORNER OF THIS TRACT.

THENCE ALONG THE COMMON LINE OF SAID FIFTH TRACT (V. 123, P. 290) & SAID 80 ACRES TRACT AS FOLLOWS:

10) S 89°16'40" W 2595.51 FEET TO A FOUND 3/8" IRON ROD;

11) S 00°41'22" E 1800.91 FEET TO A POINT WITHIN PIONEER STREET, AN ASPHALT SURFACE, AT THE SOUTHEAST CORNER OF THAT CALLED 22.00 ACRES TRACT OF LAND DESCRIBED IN CLERK FILE NO. 201600523, O.R.W.C.T., FOR THE SOUTHERLY SOUTHEAST CORNER OF THIS TRACT.

12) THENCE N 89°57'00" W WITHIN SAID PIONEER STREET AT 772.70 FEET PASS A FOUND P.K. NAIL IN ASPHALT AT THE SOUTHWEST CORNER OF SAID 22.00 ACRES, FOR A TOTAL DISTANCE OF 2919.89 FEET TO A POINT IN THE SIMPLE CURVE OF A SPIRAL CURVE, BEING THE EAST LINE OF SAID FORT WORTH & DENVER CITY RAILROAD RIGHT OF WAY, FOR THE SOUTHWEST CORNER OF THIS TRACT. WHENCE A FOUND PK NAIL BEARS S 89°57'00" E 1.58 FEET.

THENCE FIFTY FEET EAST OF & PERPENDICULAR TO THE CENTER OF THE EXISTING RAILROAD LINE AS FOLLOWS:

SC1) ALONG THE ARC OF A SIMPLE CURVE TO THE RIGHT, HAVING A RADIUS OF 2873.39 FEET, AN ARC LENGTH OF 195.21 FEET, AND WHOSE CHORD BEARS N 01°50'09" W 195.17 FEET TO A SET 1/2" IRON ROD WITH PLASTIC CAP AT THE CURVE TO SPIRAL, A CHORD BEARS N 02°35'55" E 376.69 FEET TO THE SPIRAL TO TANGENT;

13) N 03°50'04" E 5090.43 FEET TO THE POINT OF BEGINNING.

BEARINGS & DISTANCES DERIVED FROM G.P.S. OBSERVATIONS PERFORMED BY CARTER SURVEYING & MAPPING, INC. AND REFLECT SURFACE ADJUSTED, N.A.D. 1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, USING TEXAS DEPARTMENT OF TRANSPORTATION SURFACE ADJUSTMENT FACTOR OF 1.00012.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7987, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7987.108 to read as follows:

Sec. 7987.108. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.

SECTION 5. This Act takes effect September 1, 2017.

Representative P. King moved to adopt the conference committee report on HB 2912.

The motion to adopt the conference committee report on HB 2912 prevailed by (Record 1999): 133 Yeas, 14 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Anderson, R.; Biedermann; Bonnen, D.; Cain; Krause; Lang; Leach; Murr; Phillips; Rinaldi; Schaefer; Stickland; Swanson; Tinderholt.

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

Absent — Dukes.

STATEMENT OF VOTE

When Record No. 1999 was taken, I was shown voting yes. I intended to vote no.

Shaheen

HB 3292 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Klick submitted the following conference committee report on HB 3292:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3292 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hinojosa

Klick

Buckingham

C. Anderson

Campbell

Collier

Kolkhorst

Frank

Uresti

Guillen

On the part of the senate

On the part of the house

HB 3292, A bill to be entitled An Act relating to the continuation of medical assistance for certain individuals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0256 to read as follows:

Sec. 32.0256. CONTINUATION OF MEDICAL ASSISTANCE FOR CERTAIN INDIVIDUALS. (a) A recipient described by Section 32.025(a) who experiences a temporary increase in income of a duration of one month or less that would result in the recipient being ineligible for medical assistance continues to be eligible for that assistance if the individual:

(1) either:

(A) receives services through a program for individuals with an intellectual or developmental disability authorized under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)); or

(B) resides in an ICF-IID facility; and

(2) continues to meet the functional and diagnostic criteria for the receipt of services under a program described by Subdivision (1)(A) or for residency in an ICF-IID facility.

(b) To continue to be eligible for medical assistance, a recipient described by Subsection (a) must submit an application for medical assistance in accordance with Section 32.025(b) not later than the 90th day after the date on which the recipient is determined ineligible.

SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 3. The Health and Human Services Commission is required to implement this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement this Act using other appropriations available for that purpose.

SECTION 4. This Act takes effect September 1, 2017.

Representative Klick moved to adopt the conference committee report on HB 3292.

The motion to adopt the conference committee report on HB 3292 prevailed by (Record 2000): 147 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes.

HB 3292 - STATEMENT OF LEGISLATIVE INTENT

Representative Klick submitted the following statement for inclusion in the journal:

The conference committee report reads that if an appropriation was not made for the specific purpose of the bill, or the agency cannot find funds to implement provisions of the bill within existing resources, the bill will not be implemented. The bill is very narrow in its scope, applying only to persons with a disability with an IQ of 75. The person with a disability could only be ineligible for one month; if they are ineligible for longer than one month, these provisions would not apply.

A person with a disability would have 90 days to apply for eligibility for that one and only month, if for some reason beyond their control, they were ineligible. Concerns that a person with a disability could receive continuous eligibility for longer than one month, maybe into perpetuity, are totally incorrect and not allowed by the bill or ever considered by me. Also, HB 3292 would allow HHSC to require an application to be submitted earlier than the 90-day deadline if needed to secure the federal match.

Providers of long-term services and supports bear the burden of providing services without compensation when a person with a disability temporarily loses their Medicaid eligibility. Currently, we cannot quantify the amount of unreimbursed services in both numbers of persons or the actual unreimbursed costs to providers. If we want these providers to be made whole and treated fairly, we are constrained in the appropriations process in knowing how much we may need appropriated to provide reimbursement for services actually provided. HHSC needs to determine these costs prior to the next legislative session to allow us to make an informed decision. I will work with them to ensure we have that information prior to the 2019 session.

SB 762 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Moody submitted the conference committee report on SB 762.

Representative Moody moved to adopt the conference committee report on SB 762.

The motion to adopt the conference committee report on SB 762 prevailed by (Record 2001): 117 Yeas, 28 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burns; Button; Canales; Capriglione; Clardy; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; King, K.; King, P.; King, T.; Koop; Kuempel; Lambert; Larson; Laubenberg; Longoria; Lozano; Lucio; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Perez; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Sheffield; Shine; Simmons; Smithee; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; Wray; Wu; Zerwas.

Nays — Biedermann; Burrows; Cain; Hefner; Keough; Klick; Krause; Landgraf; Lang; Leach; Murphy; Murr; Paul; Phillips; Rinaldi; Schaefer; Schofield; Schubert; Shaheen; Springer; Stephenson; Stickland; Swanson; Tinderholt; White; Wilson; Workman; Zedler.

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

Absent — Burkett; Coleman; Martinez.

STATEMENTS OF VOTE

When Record No. 2001 was taken, I was in the house but away from my desk. I would have voted yes.

Burkett

When Record No. 2001 was taken, I was shown voting yes. I intended to vote no.

Flynn

When Record No. 2001 was taken, I was shown voting yes. I intended to vote no.

Kuempel

When Record No. 2001 was taken, I was in the house but away from my desk. I would have voted yes.

Martinez

When Record No. 2001 was taken, I was shown voting no. I intended to vote yes.

Shaheen

HR 2637 - NOTICE OF INTRODUCTION

Pursuant to Rule 13, Section 9(f) of the House Rules, the chair announced the introduction of HR 2637, suspending the limitations on the conferees for HB 22.

HR 2619 - ADOPTED
(by Schubert)

The following privileged resolution was laid before the house:

HR 2619

(1) House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in proposed SECTION 5 of the bill, in amended Section 54.016(a), Water Code, to read as follows:

(a) No land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included in a district unless the city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district in accordance with Section 42.042, Local Government Code, and this section. The request to a city for its written consent to the creation of a district, shall be signed by a majority in value of the holders of title of the land within the proposed district as indicated by the county tax rolls [~~or, if there are more than 50~~ persons holding title to the land in the proposed district as indicated by the county tax rolls, the request to the city will be sufficient if it is signed by 50 holders of title to the land in the district]•. A petition for the written consent of a city to the inclusion of land within a district shall describe the boundaries of the land to be included in the district by metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the area, and state the general nature of the work proposed to be done, the necessity for the work, and the cost of the project as then estimated by those filing the petition. If, at the time a petition is filed with a city for creation of a district, the district proposes to connect to a city's water or sewer system or proposes to contract with a regional water and wastewater provider which has been designated as such by the commission as of the date such petition is filed, to which the city has made a capital contribution for the water and wastewater facilities serving the area, the proposed district shall be designated as a "city service district." If such proposed district does not meet the criteria for a city service district at the time the petition seeking creation is filed, such district shall be designated as a "noncity service district." The city's consent shall not place any restrictions or conditions on the creation of a noncity service district as defined by this chapter [~~Chapter 54 of the Texas Water Code~~] other than those expressly provided in Subsection (e) of this section and shall specifically not limit the amounts of the district's bonds. A city may not require annexation as a consent to creation of any district. A city shall not refuse to approve a district bond issue for any reason except that the district is not in compliance with valid consent requirements applicable to the district. If a city grants its written consent without the concurrence of the applicant to the creation of a noncity service district containing conditions or restrictions that the petitioning land owner or owners reasonably believe exceed the city's powers, such land owner or owners may petition the commission to create the district and to modify the conditions and restrictions of the city's consent. The commission may declare any provision of the consent to be null and void. The commission may approve the creation of a district that includes any portion of the land covered by the city's consent to creation of the district. The legislature may create and may validate the creation of a district that includes any portion of the land covered by the city's consent to the creation of the district.

Explanation: The change is necessary to clarify that a request to a city for its written consent to the inclusion of land within a district in accordance with Section 42.042, Local Government Code, shall be signed by a majority in value of the holders of title of the land within the proposed district as indicated by the county tax rolls.

(2) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding proposed SECTIONS 3 and 4 to the bill to read as follows:

SECTION 3. Section 49.302(b), Water Code, is amended to read as follows:

(b) A petition requesting the annexation of a defined area signed by a majority in value of the owners of land in the defined area, as shown by the tax rolls of the central appraisal district of the county or counties in which such area is located, [~~or signed by 50 landowners if the number of landowners is more than 50,~~] shall describe the land by metes and bounds or by lot and block number if there is a recorded plat of the area and shall be filed with the secretary of the board.

SECTION 4. Section 54.014, Water Code, is amended to read as follows:

Sec. 54.014. PETITION. When it is proposed to create a district, a petition requesting creation shall be filed with the commission. The petition shall be signed by a majority in value of the holders of title of the land within the proposed district, as indicated by the tax rolls of the central appraisal district. [If there are more than 50 persons holding title to the land in the proposed district, as indicated by the tax rolls of the central appraisal district, the petition is sufficient if it is signed by 50 holders of title to the land.]

Explanation: The change is necessary to change the petition requirements for creation of or annexation of land to certain special purpose districts.

HR 2619 was adopted by (Record 2002): 141 Yeas, 3 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Price; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Cain; Dean; Phillips.

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

Absent — Deshotel; Dukes; Pickett; Raney.

STATEMENT OF VOTE

When Record No. 2002 was taken, I was shown voting no. I intended to vote yes.

Dean

SB 2014 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Schubert submitted the conference committee report on SB 2014.

Representative Schubert moved to adopt the conference committee report on SB 2014.

The motion to adopt the conference committee report on SB 2014 prevailed by (Record 2003): 144 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Cain; Stickland.

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

Absent — Dukes; Hinojosa.

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).

HB 557 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Collier submitted the following conference committee report on HB 557:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 557 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Burton

Collier

Hughes

White

Creighton

Minjarez

Rodriguez

González

Whitmire

S. Thompson

On the part of the senate

On the part of the house

HB 557, A bill to be entitled An Act relating to the expunction of arrest records and files for certain persons and to the return of certain fees to a person whose criminal record has been expunged; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 55.01, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Except as provided by Subsection (c) and subject to Subsection (b-1), a district court, a justice court, or a municipal court of record may expunge all records and files relating to the arrest of a person [~~who has been arrested for commission of a felony or misdemeanor~~] under the procedure established under Article 55.02 if:

(1) the person is:

(A) tried for the offense for which the person was arrested;

(B) convicted of the offense; and

(C) acquitted by the court of criminal appeals or, if the period for granting a petition for discretionary review has expired, by a court of appeals; or

(2) an office of the attorney representing the state authorized by law to prosecute the offense for which the person was arrested recommends the expunction to the [~~appropriate district~~] court before the person is tried for the offense, regardless of whether an indictment or information has been presented against the person in relation to the offense.

(b-1) A justice court or a municipal court of record may only expunge records and files under Subsection (b) that relate to the arrest of a person for an offense punishable by fine only.

SECTION 2. Section 1, Article 55.02, Code of Criminal Procedure, is amended to read as follows:

Sec. 1. At the request of the acquitted person [~~defendant~~] and after notice to the state, or at the request of the attorney for the state with the consent of the acquitted person, the trial court presiding over the case in which the person [~~defendant~~] was acquitted, if the trial court is a district court, a justice court, or a municipal court of record, or a district court in the county in which the trial court is located shall enter an order of expunction for a person entitled to expunction under Article 55.01(a)(1)(A) not later than the 30th day after the date of the acquittal. On [~~Upon~~] acquittal, the trial court shall advise the acquitted person [~~defendant~~] of the right to expunction. The party requesting the order of expunction [~~defendant~~] shall provide to the [~~district~~] court all of the information required in a petition for expunction under Section 2(b). The attorney for the acquitted person [~~defendant~~] in the case in which the person [~~defendant~~] was acquitted, if the person [~~defendant~~] was represented by counsel, or the attorney for the state, if the person [~~defendant~~] was not represented by counsel or if the attorney for the state requested the order of expunction, shall prepare the order for the court's signature.

SECTION 3. Section 1a(a), Article 55.02, Code of Criminal Procedure, is amended to read as follows:

(a) The trial court presiding over a case in which a person [~~defendant~~] is convicted and subsequently granted relief or pardoned on the basis of actual innocence of the offense of which the person [~~defendant~~] was convicted, if the trial court is a district court, a justice court, or a municipal court of record, or a district court in the county in which the trial court is located shall enter an order of expunction for a person entitled to expunction under Article 55.01(a)(1)(B)(ii) not later than the 30th day after the date the court receives notice of the pardon or other grant of relief. The person shall provide to the [~~district~~] court all of the information required in a petition for expunction under Section 2(b).

SECTION 4. Section 2, Article 55.02, Code of Criminal Procedure, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:

(a) A person who is entitled to expunction of records and files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), or 55.01(a)(2) or a person who is eligible for expunction of records and files under Article 55.01(b) may file an ex parte petition for expunction in a district court for the county in which:

(1) the petitioner was arrested; or

(2) the offense was alleged to have occurred.

(a-1) If the arrest for which expunction is sought is for an offense punishable by fine only, a person who is entitled to expunction of records and files under Article 55.01(a) or a person who is eligible for expunction of records and files under Article 55.01(b) may file an ex parte petition for expunction in a justice court or a municipal court of record in the county in which:

(1) the petitioner was arrested; or

(2) the offense was alleged to have occurred.

(b) A [~~The~~] petition filed under Subsection (a) or (a-1) must be verified and must include the following or an explanation for why one or more of the following is not included:

(1) the petitioner's:

(A) full name;

(B) sex;

(D) date of birth;

(E) driver's license number;

(F) social security number; and

(G) address at the time of the arrest;

(2) the offense charged against the petitioner;

(3) the date the offense charged against the petitioner was alleged to have been committed;

(4) the date the petitioner was arrested;

(5) the name of the county where the petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality;

(6) the name of the agency that arrested the petitioner;

(7) the case number and court of offense; and

(8) together with the applicable physical or e-mail addresses, a list of all:

(A) law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;

(B) central federal depositories of criminal records that the petitioner has reason to believe have records or files that are subject to expunction; and

(C) private entities that compile and disseminate for compensation criminal history record information that the petitioner has reason to believe have information related to records or files that are subject to expunction.

SECTION 5. Article 102.006, Code of Criminal Procedure, is amended to read as follows:

Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In addition to any other fees required by other law and except as provided by Subsection (b), a petitioner seeking expunction of a criminal record in a district court shall pay the following fees:

(1) the fee charged for filing an ex parte petition in a civil action in district court;

(2) $1 plus postage for each certified mailing of notice of the hearing date; and

(3) $2 plus postage for each certified mailing of certified copies of an order of expunction.

(a-1) In addition to any other fees required by other law and except as provided by Subsection (b), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under Chapter 55 shall pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter.

(b) The fees under Subsection (a) or the fee under Subsection (a-1), as applicable, shall be waived if:

(1) the petitioner seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense described by Article 55.01(c); and

(2) the petition for expunction is filed not later than the 30th day after the date of the acquittal.

(c) A court that grants a petition for expunction of a criminal record may order that any fee, or portion of a fee, required to be paid under Subsection (a) be returned to the petitioner.

SECTION 6. Section 27.031, Government Code, is amended by adding Subsection (e) to read as follows:

(e) A justice court has concurrent jurisdiction with a district court and a municipal court of record over expunction proceedings relating to the arrest of a person for an offense punishable by fine only.

SECTION 7. Section 30.00005, Government Code, is amended by adding Subsection (e) to read as follows:

(e) The court has concurrent jurisdiction with a district court and a justice court over expunction proceedings relating to the arrest of a person for an offense punishable by fine only.

SECTION 8. Subchapter B, Chapter 103, Government Code, is amended by adding Section 103.02101 to read as follows:

Sec. 103.02101. ADDITIONAL FEE IN CERTAIN EXPUNCTION CASES: CODE OF CRIMINAL PROCEDURE. A petitioner filing an ex parte petition for expunction in a justice court or a municipal court of record shall pay a fee under Article 102.006, Code of Criminal Procedure, of $100 to defray the costs of notifying state agencies of orders of expunction.

SECTION 9. Section 202.001(b), Local Government Code, is amended to read as follows:

(b) The following records may be destroyed without meeting the conditions of Subsection (a):

(1) records the destruction or obliteration of which is directed by an expunction order issued by a [~~district~~] court pursuant to state law; and

(2) records defined as exempt from scheduling or filing requirements by rules adopted by the commission or listed as exempt in a records retention schedule issued by the commission.

SECTION 10. (a) Except as otherwise provided by this section, this Act applies to an expunction of records and files relating to any criminal offense that occurred before, on, or after the effective date of this Act.

(b) Section 1, Article 55.02, Code of Criminal Procedure, as amended by this Act, applies only to the expunction of arrest records and files related to a criminal offense for which the trial of the offense begins on or after the effective date of this Act. The expunction of arrest records and files under Section 1, Article 55.02, Code of Criminal Procedure, related to a criminal offense for which the trial of the offense begins before the effective date of this Act is governed by the law in effect on the date the trial begins, and the former law is continued in effect for that purpose.

(c) Article 102.006(c), Code of Criminal Procedure, as added by this Act, applies only to a petition for expunction filed on or after the effective date of this Act. A petition for expunction filed before the effective date of this Act is governed by the law in effect on the date the petition was filed, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2017.

Representative Collier moved to adopt the conference committee report on HB 557.

The motion to adopt the conference committee report on HB 557 prevailed by (Record 2004): 139 Yeas, 8 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Pickett; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Anderson, R.; Bonnen, D.; Cain; Craddick; Keough; Murr; Phillips; Price.

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

Absent — Dukes.

HR 2628 - ADOPTED
(by G. Bonnen)

The following privileged resolution was laid before the house:

HR 2628

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 1148 (maintenance of certification by a physician or an applicant for a license to practice medicine in this state) to consider and take action on the following matter:

House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding SECTION 3 to the bill to read as follows:

SECTION 3. Subchapter B, Chapter 151, Occupations Code, is amended by adding Section 151.0515 to read as follows:

Sec. 151.0515. DISCRIMINATION BASED ON MAINTENANCE OF CERTIFICATION. (a) Except as otherwise provided by this section, the following entities may not differentiate between physicians based on a physician's maintenance of certification:

(1) a health facility that is licensed under Subtitle B, Title 4, Health and Safety Code, or a mental hospital that is licensed under Chapter 577, Health and Safety Code, if the facility or hospital has an organized medical staff or a process for credentialing physicians;

(2) a hospital that is owned or operated by this state;

(3) an institution or program that is owned, operated, or licensed by this state, including an institution or program that directly or indirectly receives state financial assistance, if the institution or program:

(A) has an organized medical staff or a process for credentialing physicians on its staff; and

(B) is not a medical school, as defined by Section 61.501, Education Code, or a comprehensive cancer center, as designated by the National Cancer Institute; or

(4) an institution or program that is owned, operated, or licensed by a political subdivision of this state, if the institution or program has an organized medical staff or a process for credentialing physicians on its staff.

(b) An entity described by Subsection (a) may differentiate between physicians based on a physician's maintenance of certification if:

(1) the entity's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the entity requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the entity; and

(2) the differentiation is limited to those physicians whose maintenance of certification is required for the entity's designation, certification, or accreditation as described by Subdivision (1).

(c) An entity described by Subsection (a) may differentiate between physicians based on a physician's maintenance of certification if the voting physician members of the entity's organized medical staff vote to authorize the differentiation.

(d) An authorization described by Subsection (c) may:

(1) be made only by the voting physician members of the entity's organized medical staff and not by the entity's governing body, administration, or any other person;

(2) subject to Subsection (e), establish terms applicable to the entity's differentiation, including:

(A) appropriate grandfathering provisions; and

(B) limiting the differentiation to certain medical specialties; and

(3) be rescinded at any time by a vote of the voting physician members of the entity's organized medical staff.

(e) Terms established under Subsection (d)(2) may not conflict with a maintenance of certification requirement applicable to the entity's designation under law or certification or accreditation by a national certifying or accrediting organization.

Explanation: The change is necessary to provide that certain entities may not differentiate between physicians based on a physician's maintenance of certification except in certain circumstances.

HR 2628 was adopted by (Record 2005): 147 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes.

SB 1148 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative G. Bonnen submitted the conference committee report on SB 1148.

SB 1148 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE PRICE: Just a few questions. Is it your intention that SB 1148 allows hospitals or other entities under the bill to require maintenance of certification when necessary for designation, certification, or accreditation purposes, and this includes state trauma, stroke, maternal and neonatal designation, and federal requirements from CMS, the joint commission, the DMV, and ACGME?

REPRESENTATIVE G. BONNEN: Yes, so a hospital may require maintenance of certification when required for designation certification or accreditation by those entities or others that would fall within the specific language that is clearly delineated in the bill.

PRICE: SB 1148 will also allow a hospital or entity under the bill to determine the standards of its own workforce by a vote of its organized medical staff, meaning an entity under this bill may ultimately determine its own privileging standards through its bylaws process which includes CMS requirements for governing the body of approval. Is that accurate?

G. BONNEN: The bill is not intended to in any way disrupt CMS Medicare conditions of participation or any other federal regulation. Federal regulations do not actually require maintenance of certification. So it will be up to the medical staff to make that determination. The medical staff and the governing body will still have to work together to make sure that they comply with federal regulations.

PRICE: And is it your intention that SB 1148 and its requirements for medical staff authorization of MOC will work in concert with existing requirements for medical staff bylaws and privileging from CMS, CMS Medicare conditions of participation, and the joint commission?

G. BONNEN: That's correct. My intention here is for SB 1148 to work in concert with the existing federal bylaws and privileging requirements.

REMARKS ORDERED PRINTED

Representative Price moved to print remarks between Representative G. Bonnen and Representative Price.

The motion prevailed.

Representative G. Bonnen moved to adopt the conference committee report on SB 1148.

The motion to adopt the conference committee report on SB 1148 prevailed by (Record 2006): 144 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Minjarez; Rose.

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

Absent — Cosper; Dukes.

STATEMENT OF VOTE

When Record No. 2006 was taken, I was shown voting no. I intended to vote yes.

Rose

HB 2442 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative K. King submitted the following conference committee report on HB 2442:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 2442 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

L. Taylor

K. King

Bettencourt

Bernal

Campbell

Dutton

Huffines

Huberty

VanDeaver

On the part of the senate

On the part of the house

HB 2442, A bill to be entitled An Act relating to the minutes of operation required for public school districts, charter schools, and other education programs and to calculating the average daily attendance for certain education programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.081, Education Code, is amended to read as follows:

Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as authorized under Subsection (b) of this section, Section 25.084, or Section 29.0821, for each school year each school district must operate [~~so that the district provides~~] for at least 75,600 minutes, including time allocated for [of] instruction, [~~including~~] intermissions, and recesses[,] for students.

(b) The commissioner may approve the operation of schools [~~instruction of students~~] for fewer than the number of minutes required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.

(c) If the commissioner does not approve reduced operation [~~instruction~~] time under Subsection (b), a school district may add additional minutes to the end of the district's normal school hours as necessary to compensate for minutes [~~of instruction~~] lost due to school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.

(d) The commissioner may adopt rules to implement this section, including rules:

(1) for the application, on the basis of the minimum minutes of operation [~~instruction~~] required by Subsection (a), of any provision of this title that refers to a minimum number of days of instruction under this section;

(2) to determine the minutes of operation that are equivalent to a day;

(3) defining minutes of operation and instructional time; and

(4) establishing the minimum number of minutes of instructional time required for a full-day and a half-day program to meet the time requirements under Subsection (a).

(e) A school district or education program is exempt from the minimum minutes of operation requirement if the district's or program's average daily attendance is calculated under Section 42.005(j) [~~For purposes of this code, a reference to a day of instruction means 420 minutes of instruction~~].

(f) The commissioner may proportionally reduce the amount of funding a district receives under Chapter 41, 42, or 46 and the average daily attendance calculation for the district if the district operates on a calendar that provides fewer minutes of operation than required under Subsection (a).

SECTION 2. The heading to Section 25.082, Education Code, is amended to read as follows:

Sec. 25.082. [~~SCHOOL DAY;~~] PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE.

SECTION 3. Section 29.0822(c), Education Code, is amended to read as follows:

(c) Except in the case of a course designed for a student described by Subsection (a)(3), a course offered in a program under this section must provide for at least the same number of instructional hours as required for a course offered in a program that meets the required minimum number of minutes of operation [~~instructional days~~] under Section 25.081 [~~and the required length of school day under Section 25.082~~].

SECTION 4. Section 29.087(j), Education Code, is amended to read as follows:

(j) For purposes of funding under Chapters 41, 42, and 46, a student attending a program authorized by this section may be counted in attendance only for the actual number of hours each school day the student attends the program, in accordance with Section [~~Sections~~] 25.081 [~~and 25.082~~].

SECTION 5. Subchapter E, Chapter 29, Education Code, is amended by adding Section 29.162 to read as follows:

Sec. 29.162. DETERMINATION OF FULL-DAY AND HALF-DAY. The commissioner may adopt rules for this subchapter establishing full-day and half-day minutes of operation requirements as provided by Section 25.081.

SECTION 6. Section 30A.104(a), Education Code, is amended to read as follows:

(a) A course offered through the state virtual school network must:

(1) be in a specific subject that is part of the required curriculum under Section 28.002(a);

(2) be aligned with the essential knowledge and skills identified under Section 28.002(c) for a grade level at or above grade level three; and

(3) be the equivalent in instructional rigor and scope to a course that is provided in a traditional classroom setting during[:

[~~(A)~~] a semester of 90 instructional days[~~; and~~

[~~(B)~~ ~~a school day that meets the minimum length of a school day required under Section 25.082~~].

SECTION 7. Section 37.008(a), Education Code, is amended to read as follows:

(a) Each school district shall provide a disciplinary alternative education program that:

(1) is provided in a setting other than a student's regular classroom;

(2) is located on or off of a regular school campus;

(3) provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program;

(4) focuses on English language arts, mathematics, science, history, and self-discipline;

(5) provides for students' educational and behavioral needs;

(6) provides supervision and counseling; and

(7) employs only teachers who meet all certification requirements established under Subchapter B, Chapter 21[~~; and~~

[~~(8)~~ ~~provides not less than the minimum amount of instructional time per day required by Section 25.082(a)~~].

SECTION 8. Section 42.005, Education Code, is amended by amending Subsection (a) and adding Subsections (g-1) and (i) through (n) to read as follows:

(a) In this chapter, average daily attendance is:

(1) the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under Section 25.081(a) divided by the minimum number of days of instruction;

(2) for a district that operates under a flexible year program under Section 29.0821, the quotient of the sum of attendance for each actual day of instruction as permitted by Section 29.0821(b)(1) divided by the number of actual days of instruction as permitted by Section 29.0821(b)(1); [or]

(3) for a district that operates under a flexible school day program under Section 29.0822, the average daily attendance as calculated by the commissioner in accordance with Sections 29.0822(d) and (d-1); or

(4) for a district that operates a half-day program, one-half of the average daily attendance calculated under Subdivision (1).

(g-1) The commissioner shall adopt rules to calculate average daily attendance for students participating in a blended learning program in which classroom instruction is supplemented with applied workforce learning opportunities, including participation of students in internships, externships, and apprenticeships.

(i) A district or a charter school operating under Chapter 12 that operates a prekindergarten program is eligible to receive one-half of average daily attendance under Subsection (a) if the district's or charter school's prekindergarten program provides at least 32,400 minutes of instructional time to students.

(j) A district or charter school is eligible to earn full average daily attendance under Subsection (a) if the district or school provides at least 43,200 minutes of instructional time to students enrolled in:

(1) a dropout recovery school or program operating under Section 12.1141(c) or Section 39.0548;

(2) an alternative education program operating under Section 37.008;

(3) a school program located at a day treatment facility, residential treatment facility, psychiatric hospital, or medical hospital;

(4) a school program offered at a correctional facility; or

(5) a school operating under Section 29.259.

(k) A charter school operating under a charter granted under Chapter 12 before January 1, 2015, is eligible to earn full average daily attendance under Subsection (a), as that subsection existed immediately before September 1, 2015, for:

(1) all campuses of the charter school operating before January 1, 2015; and

(2) any campus or site expansion approved on or after January 1, 2015, provided that the charter school received an academic accountability performance rating of C or higher, and the campus or site expansion is approved by the commissioner.

(l) A school district campus or charter school described by Subsection (j) may operate more than one program and be eligible for full average daily attendance for each program if the programs operated by the district campus or charter school satisfy all applicable state and federal requirements.

(m) The commissioner shall adopt rules necessary to implement this section, including rules that:

(1) establish the minimum amount of instructional time per day that allows a school district or charter school to be eligible for full average daily attendance, which may differ based on the instructional program offered by the district or charter school;

(2) establish the requirements necessary for a school district or charter school to be eligible for one-half of average daily attendance, which may differ based on the instructional program offered by the district or charter school; and

(3) proportionally reduce the average daily attendance for a school district if any campus or instructional program in the district provides fewer than the required minimum minutes of instruction to students.

(n) To assist school districts in implementing this section as amended by HB2442, Acts of the 85th Legislature, Regular Session, 2017, or similar legislation, the commissioner may waive a requirement of this section or adopt rules to implement this section. This subsection expires at the end of the 2018-2019 school year.

SECTION 9. Section 25.082(a), Education Code, is repealed.

SECTION 10. (a) Except as provided by Subsection (b), this Act applies beginning with the 2018-2019 school year.

(b) Section 42.005(n), Education Code, as added by this Act, applies beginning on the effective date of this Act.

SECTION 11. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

HB 2442 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE VANDEAVER: Representative King, when you laid this bill out, the companion of this bill out in the house, we had an amendment offered, and this house took a very strong vote. Actually, I think it was more than two-thirds of the members present against mandating a uniform start date on local school districts, districts of innovation. Is that correct?

REPRESENTATIVE K. KING: That is correct.

VANDEAVER: I know the conference committee report keeps the flexibility for those districts, but the rulemaking that's provided in this bill to the commissioner, I just want to clarify, is it your intent and your understanding that that does not give the commissioner the authority to impose a uniform start date on any districts?

K. KING: Thank you for that question, Representative VanDeaver. In no way, shape, or form am I directing the commissioner to do anything to the start date status of districts of innovation.

REMARKS ORDERED PRINTED

Representative VanDeaver moved to print remarks between Representative K. King and Representative VanDeaver.

The motion prevailed.

Representative K. King moved to adopt the conference committee report on HB 2442.

The motion to adopt the conference committee report on HB 2442 prevailed by (Record 2007): 146 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Deshotel; Dukes.

HB 150 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Bell submitted the following conference committee report on HB 150:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 150 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Creighton

Bell

Buckingham

J. Johnson

Hall

Springer

Huffines

Guillen

Lucio

Shine

On the part of the senate

On the part of the house

HB 150, A bill to be entitled An Act relating to the exemption from ad valorem taxation of, and the deferral or abatement of ad valorem taxes on, certain residence homesteads.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.132(b), Tax Code, is amended to read as follows:

(b) A disabled veteran who has a disability rating of less than 100 percent is entitled to an exemption from taxation of a percentage of the appraised value of the disabled veteran's residence homestead equal to the disabled veteran's disability rating if the residence homestead was donated to the disabled veteran by a charitable organization:

(1) at no cost to the disabled veteran; or

(2) at some cost to the disabled veteran in the form of a cash payment, a mortgage, or both in an aggregate amount that is not more than 50 percent of the good faith estimate of the market value of the residence homestead made by the charitable organization as of the date the donation is made.

SECTION 2. Section 33.06(d), Tax Code, is amended to read as follows:

(d) A tax lien remains on the property and interest continues to accrue during the period collection of taxes is deferred or abated under this section. The annual interest rate during the deferral or abatement period is five [~~eight~~] percent instead of the rate provided by Section 33.01. Interest and penalties that accrued or that were incurred or imposed under Section 33.01 or 33.07 before the date the individual files the deferral affidavit under Subsection (b) or the date the judgment abating the suit is entered, as applicable, are preserved. A penalty under Section 33.01 is not incurred during a deferral or abatement period. The additional penalty under Section 33.07 may be imposed and collected only if the taxes for which collection is deferred or abated remain delinquent on or after the 181st day after the date the deferral or abatement period expires. A plea of limitation, laches, or want of prosecution does not apply against the taxing unit because of deferral or abatement of collection as provided by this section.

SECTION 3. Section 11.132(b), Tax Code, as amended by this Act, applies only to ad valorem taxes imposed for an ad valorem tax year that begins on or after the effective date of this Act.

SECTION 4. Section 33.06(d), Tax Code, as amended by this Act, applies only to interest that accrues during a deferral or abatement period on or after the effective date of this Act, regardless of whether the deferral or abatement period began before that date or begins on or after that date. Interest that accrued during a deferral or abatement period before the effective date of this Act is governed by the law in effect when the interest accrued, and that law is continued in effect for that purpose.

SECTION 5. This Act takes effect January 1, 2018, but only if the constitutional amendment proposed by the 85th Legislature, Regular Session, 2017, authorizing the legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization for less than the market value of the residence homestead and harmonizing certain related provisions of the Texas Constitution is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.

Representative Bell moved to adopt the conference committee report on HB 150.

The motion to adopt the conference committee report on HB 150 prevailed by (Record 2008): 147 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dukes; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Deshotel.

SB 1625 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Cortez submitted the conference committee report on SB 1625.

Representative Cortez moved to adopt the conference committee report on SB 1625.

The motion to adopt the conference committee report on SB 1625 prevailed by (Record 2009): 117 Yeas, 29 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bell; Bernal; Blanco; Bohac; Burkett; Burns; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Dale; Darby; Davis, S.; Davis, Y.; Deshotel; Dukes; Dutton; Elkins; Faircloth; Farrar; Flynn; Frank; Frullo; Gervin-Hawkins; Giddings; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Paul; Perez; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schofield; Schubert; Sheffield; Shine; Smithee; Stephenson; Stucky; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu.

Nays — Anderson, R.; Biedermann; Bonnen, D.; Bonnen, G.; Burrows; Cain; Cyrier; Fallon; Geren; Goldman; Hefner; Hunter; Keough; Krause; Landgraf; Lang; Leach; Phillips; Rinaldi; Sanford; Schaefer; Shaheen; Simmons; Springer; Stickland; Swanson; Tinderholt; Zedler; Zerwas.

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

Absent — Dean; Parker.

STATEMENTS OF VOTE

When Record No. 2009 was taken, I was in the house but away from my desk. I would have voted no.

Dean

When Record No. 2009 was taken, I was in the house but away from my desk. I would have voted no.

Parker

When Record No. 2009 was taken, I was shown voting yes. I intended to vote no.

Wilson

HB 1549 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Burkett submitted the following conference committee report on HB 1549:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1549 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Kolkhorst

Burkett

Bettencourt

Rose

Perry

Raymond

Schwertner

Dale

Uresti

Simmons

On the part of the senate

On the part of the house

HB 1549, A bill to be entitled An Act relating to the provision of services by the Department of Family and Protective Services, including child protective services and prevention and early intervention services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 261.204(a), Family Code, is amended to read as follows:

(a) Not later than March 1 of each year, the [~~The~~] department shall publish an [~~annual~~] aggregated report using information compiled from each child fatality investigation for which the department made a finding regarding abuse or neglect, including cases in which the department determined the fatality was not the result of abuse or neglect. The report must protect the identity of individuals involved and contain the following information:

(1) the age and sex of the child and the county in which the fatality occurred;

(2) whether the state was the managing conservator of the child or whether the child resided with the child's parent, managing conservator, guardian, or other person entitled to the possession of the child at the time of the fatality;

(3) the relationship to the child of the individual alleged to have abused or neglected the child, if any;

(4) the number of any department abuse or neglect investigations involving the child or the individual alleged to have abused or neglected the child during the two years preceding the date of the fatality and the results of the investigations;

(5) whether the department offered family-based safety services or conservatorship services to the child or family;

(6) the types of abuse and neglect alleged in the reported investigations, if any; and

(7) any trends identified in the investigations contained in the report.

SECTION 2. Section 261.301, Family Code, is amended by adding Subsection (j) to read as follows:

(j) In geographic areas with demonstrated need, the department shall designate employees to serve specifically as investigators and responders for after-hours reports of child abuse or neglect.

SECTION 3. Section 264.1075, Family Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) As soon as possible after a child is placed in the managing conservatorship of the department [~~begins receiving foster care under this subchapter~~], the department shall assess whether the child has a developmental or intellectual disability.

(c) If the assessment required by Subsection (b) indicates that the child might have an intellectual disability, the department shall ensure that a referral for a determination of intellectual disability is made as soon as possible and that the determination is conducted by an authorized provider before the date of the child's 16th birthday, if practicable. If the child is placed in the managing conservatorship of the department after the child's 16th birthday, the determination of intellectual disability must be conducted as soon as possible after the assessment required by Subsection (b). In this subsection, "authorized provider" has the meaning assigned by Section 593.004, Health and Safety Code.

SECTION 4. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1261 to read as follows:

Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In this section, "community-based foster care" means the redesigned foster care services system required by Chapter 598 (S.B. 218), Acts of the 82nd Legislature, Regular Session, 2011.

(b) Appropriate department management personnel from a child protective services region in which community-based foster care has not been implemented, in collaboration with foster care providers, faith-based entities, and child advocates in that region, shall use data collected by the department on foster care capacity needs and availability of each type of foster care and kinship placement in the region to create a plan to address the substitute care capacity needs in the region. The plan must identify both short-term and long-term goals and strategies for addressing those capacity needs.

(1) submitted to and approved by the commissioner; and

(2) updated annually.

(d) The department shall publish each initial foster care capacity needs plan and each annual update to a plan on the department's Internet website.

SECTION 5. Sections 264.502(a) and (b), Family Code, are amended to read as follows:

(a) The child fatality review team committee is composed of:

(1) a person appointed by and representing the state registrar of vital statistics;

(2) a person appointed by and representing the commissioner of the department;

(3) a person appointed by and representing the Title V director of the Department of State Health Services; [~~and~~]

(4) a person appointed by and representing the speaker of the house of representatives;

(5) a person appointed by and representing the lieutenant governor;

(6) a person appointed by and representing the governor; and

(7) individuals selected under Subsection (b).

(b) The members of the committee who serve under Subsections (a)(1) through (6) [~~(3)~~] shall select the following additional committee members:

(1) a criminal prosecutor involved in prosecuting crimes against children;

(2) a sheriff;

(3) a justice of the peace;

(4) a medical examiner;

(5) a police chief;

(6) a pediatrician experienced in diagnosing and treating child abuse and neglect;

(7) a child educator;

(8) a child mental health provider;

(9) a public health professional;

(10) a child protective services specialist;

(11) a sudden infant death syndrome family service provider;

(12) a neonatologist;

(13) a child advocate;

(14) a chief juvenile probation officer;

(15) a child abuse prevention specialist;

(16) a representative of the Department of Public Safety;

(17) a representative of the Texas Department of Transportation;

(18) an emergency medical services provider; and

(19) a provider of services to, or an advocate for, victims of family violence.

SECTION 6. Section 264.503, Family Code, is amended by amending Subsections (d) and (e) and adding Subsection (h) to read as follows:

(d) The Department of State Health Services shall:

(1) recognize the creation and participation of review teams;

(2) promote and coordinate training to assist the review teams in carrying out their duties;

(3) assist the committee in developing model protocols for:

(A) the reporting and investigating of child fatalities for law enforcement agencies, child protective services, justices of the peace and medical examiners, and other professionals involved in the investigations of child deaths;

(B) the collection of data regarding child deaths; and

(4) develop and implement procedures necessary for the operation of the committee; [~~and~~]

(5) develop and make available training for justices of the peace and medical examiners regarding inquests in child death cases; and

(6) promote education of the public regarding the incidence and causes of child deaths, the public role in preventing child deaths, and specific steps the public can undertake to prevent child deaths.

(e) In addition to the duties under Subsection (d), the Department of State Health Services shall:

(1) collect data under this subchapter and coordinate the collection of data under this subchapter with other data collection activities; [~~and~~]

(2) perform annual statistical studies of the incidence and causes of child fatalities using the data collected under this subchapter; and

(3) evaluate the available child fatality data and use the data to create public health strategies for the prevention of child fatalities.

(h) Each member of the committee must be a member of the child fatality review team in the county where the committee member resides unless the committee member is an appointed representative of a state agency.

SECTION 7. Subchapter F, Chapter 264, Family Code, is amended by adding Sections 264.5031 and 264.5032 to read as follows:

Sec. 264.5031. COLLECTION OF NEAR FATALITY DATA. (a) In this section, "near fatality" means a case where a physician has certified that a child is in critical or serious condition, and a caseworker determines that the child's condition was caused by the abuse or neglect of the child.

(b) The department shall include near fatality child abuse or neglect cases in the child fatality case database, for cases in which child abuse or neglect is determined to have been the cause of the near fatality. The department must also develop a data collection strategy for near fatality child abuse or neglect cases.

Sec. 264.5032. REPORT ON CHILD FATALITY AND NEAR FATALITY DATA. (a) The department shall produce an aggregated report relating to child fatality and near fatality cases resulting from child abuse or neglect containing the following information:

(1) any prior contact the department had with the child's family and the manner in which the case was disposed, including cases in which the department made the following dispositions:

(A) priority none or administrative closure;

(B) call screened out;

(D) unable to complete the investigation;

(E) unable to determine whether abuse or neglect occurred;

(F) reason to believe abuse or neglect occurred; or

(G) child removed and placed into substitute care;

(2) for any case investigated by the department involving the child or the child's family:

(A) the number of caseworkers assigned to the case before the fatality or near fatality occurred; and

(B) the caseworker's caseload at the time the case was opened and at the time the case was closed;

(3) for any case in which the department investigation concluded that there was reason to believe that abuse or neglect occurred, and the family was referred to family-based safety services:

(A) the safety plan provided to the family;

(B) the services offered to the family; and

(4) the number of contacts the department made with children and families in family-based safety services cases; and

(5) the initial and attempted contacts the department made with child abuse and neglect victims.

(b) In preparing the part of the report required by Subsection (a)(1), the department shall include information contained in department records retained in accordance with the department's records retention schedule.

(c) The report produced under this section must protect the identity of individuals involved in a case that is included in the report.

(d) The department may combine the report required under this section with the annual child fatality report required to be produced under Section 261.204.

SECTION 8. Sections 264.505(a) and (c), Family Code, are amended to read as follows:

(a) A multidisciplinary and multiagency child fatality review team may be established for a county to review child deaths in that county. A [~~review team for a~~] county [~~with a population of less than 50,000~~] may join with an adjacent county or counties to establish a combined review team.

(1) a criminal prosecutor involved in prosecuting crimes against children;

(2) a sheriff;

(3) a justice of the peace or medical examiner;

(4) a police chief;

(5) a pediatrician experienced in diagnosing and treating child abuse and neglect;

(6) a child educator;

(7) a child mental health provider;

(8) a public health professional;

(9) a child protective services specialist;

(10) a sudden infant death syndrome family service provider;

(11) a neonatologist;

(12) a child advocate;

(13) a chief juvenile probation officer; and

(14) a child abuse prevention specialist.

SECTION 9. Section 264.506(b), Family Code, is amended to read as follows:

(b) To achieve its purpose, a review team shall:

(1) adapt and implement, according to local needs and resources, the model protocols developed by the department and the committee;

(2) meet on a regular basis to review child fatality cases and recommend methods to improve coordination of services and investigations between agencies that are represented on the team;

(3) collect and maintain data as required by the committee; [~~and~~]

(4) review and analyze the collected data to identify any demographic trends in child fatality cases, including whether there is a disproportionate number of child fatalities in a particular population group or geographic area; and

(5) submit to the vital statistics unit data reports on deaths reviewed as specified by the committee.

SECTION 10. Section 264.509, Family Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) The Department of State Health Services shall provide a review team with electronic access to the preliminary death certificate for a deceased child.

SECTION 11. (a) Section 264.514, Family Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows:

(a-1) The commissioners court of a county shall adopt regulations relating to the timeliness for conducting an inquest into the death of a child. The regulations adopted under this subsection must be as stringent as the standards issued by the National Association of Medical Examiners unless the commissioners court determines that it would be cost prohibitive for the county to comply with those standards.

(b) The medical examiner or justice of the peace shall immediately notify an appropriate local law enforcement agency if the medical examiner or justice of the peace determines that the death is unexpected or the result of abuse or neglect, and that agency shall investigate the child's death. The medical examiner or justice of the peace shall notify the appropriate county child fatality review team of the child's death not later than the 120th day after the date the death is reported.

(b) A county must attempt to implement the timeliness standards for inquests as described by Section 264.514(a-1), Family Code, as added by this Act, as soon as possible after the effective date of this Act.

SECTION 12. Section 264.903, Family Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) The department shall expedite the evaluation of a potential caregiver under this section to ensure that the child is placed with a caregiver who has the ability to protect the child from the alleged perpetrator of abuse or neglect against the child.

SECTION 13. Section 265.005(b), Family Code, is amended to read as follows:

(b) A strategic plan required under this section must:

(1) identify methods to leverage other sources of funding or provide support for existing community-based prevention efforts;

(2) include a needs assessment that identifies programs to best target the needs of the highest risk populations and geographic areas;

(3) identify the goals and priorities for the department's overall prevention efforts;

(4) report the results of previous prevention efforts using available information in the plan;

(5) identify additional methods of measuring program effectiveness and results or outcomes;

(6) identify methods to collaborate with other state agencies on prevention efforts; [~~and~~]

(7) identify specific strategies to implement the plan and to develop measures for reporting on the overall progress toward the plan's goals; and

(8) identify strategies and goals for increasing the number of families receiving prevention and early intervention services each year, subject to the availability of funds, to reach targets set by the department for providing services to families that are eligible to receive services through parental education, family support, and community-based programs financed with federal, state, local, or private resources.

SECTION 14. Subchapter A, Chapter 265, Family Code, is amended by adding Sections 265.007 and 265.008 to read as follows:

Sec. 265.007. IMPROVING PROVISION OF PREVENTION AND EARLY INTERVENTION SERVICES. (a) To improve the effectiveness and delivery of prevention and early intervention services, the department shall:

(1) identify geographic areas that have a high need for prevention and early intervention services but do not have prevention and early intervention services available in the area or have only unevaluated prevention and early intervention services available in the area; and

(2) develop strategies for community partners to:

(A) improve the early recognition of child abuse or neglect;

(B) improve the reporting of child abuse and neglect; and

(b) The department may not use data gathered under this section to identify a specific family or individual.

Sec. 265.008. EVALUATION OF PREVENTION AND EARLY INTERVENTION SERVICES. (a) The department may enter into agreements with institutions of higher education to conduct efficacy reviews of any prevention and early intervention services provided under this chapter that have not previously been evaluated for effectiveness in a research evaluation. The efficacy review shall include, when possible, a cost-benefit analysis of the program to the state and, when applicable, the return on investment of the program to the state.

(b) The department may not enter into an agreement to conduct a program efficacy evaluation under this section unless:

(1) the agreement with the institution of higher education is cost neutral; and

(2) the department and institution of higher education conducting the evaluation under this section protect the identity of individuals who are receiving services from the department that are being evaluated.

SECTION 15. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.038 to read as follows:

Sec. 40.038. SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a) In this section, "secondary trauma" means trauma incurred as a consequence of a person's exposure to acute or chronic trauma.

(b) The department shall develop and make available a program to provide ongoing support to caseworkers who experience secondary trauma resulting from exposure to trauma in the course of the caseworker's employment. The program must include critical incident stress debriefing. The department may not require that a caseworker participate in the program.

SECTION 16. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.0516 to read as follows:

Sec. 40.0516. COLLECTION OF DATA; ANNUAL REPORT. (a) The department shall collect and compile the following data on the state and county level:

(1) the following information for reports of abuse and neglect in residential child-care facilities, as defined by Section 42.002:

(A) the number of reports of abuse and neglect made to the department hotline;

(B) the types of abuse and neglect reported;

(D) the investigation response times, sorted by investigation priority;

(E) the disposition of each investigation;

(F) the number of reports of abuse and neglect to which the department assigned a disposition of call screened out or alternative or differential response provided; and

(G) the overall safety and risk finding for each investigation;

(2) the number of families referred to family preservation services, organized by the risk level assigned to each family through structured decision-making;

(3) the number of children removed from the child's home as the result of an investigation of a report of abuse or neglect and the primary circumstances that contributed to the removal;

(4) the number of children placed in substitute care, organized by type of placement;

(5) the number of children placed out of the child's home county or region;

(6) the number of children in the conservatorship of the department at each service level;

(7) the number of children in the conservatorship of the department who are pregnant or who are a parent;

(8) the number of children in the managing conservatorship of the department who are the parent of a child who is also in the managing conservatorship of the department;

(9) the recurrence of child abuse or neglect in a household in which the department investigated a report of abuse or neglect within six months and one year of the date the case was closed separated by the following type of case:

(A) cases that were administratively closed without further action;

(B) cases in which the child was removed and placed in the managing conservatorship of the department; and

(10) the recurrence of child abuse and neglect in a household within five years of the date the case was closed for cases described by Subdivisions (9)(B) and (C); and

(11) workforce turnover data for child protective services employees, including the average tenure of caseworkers and supervisors and the average salary of caseworkers and supervisors.

(b) Not later than February 1 of each year, the department shall publish a report containing data collected under this section. The report must include the statewide data and the data reported by county.

SECTION 17. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.0529 to read as follows:

Sec. 40.0529. CASELOAD MANAGEMENT. (a) Subject to a specific appropriation for that purpose, the department shall develop and implement a caseload management system for child protective services caseworkers and managers that:

(1) ensures equity in the distribution of workload, based on the complexity of each case;

(2) calculates caseloads based on the number of individual caseworkers who are available to handle cases;

(3) includes geographic case assignment in areas with concentrated high risk populations, to ensure that an adequate number of caseworkers and managers with expertise and specialized training are available;

(4) includes a plan to deploy master investigators in anticipation of emergency shortages of personnel; and

(5) anticipates vacancies in caseworker positions in areas of the state with high caseworker turnover to ensure the timely hiring of new caseworkers in those areas.

(b) In calculating the caseworker caseload under Subsection (a)(2), the department shall consider at least the following:

(1) caseworkers who are on extended leave;

(2) caseworkers who worked hours beyond a normal work week; and

(3) caseworkers who are on a reduced workload.

SECTION 18. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.078 to read as follows:

Sec. 40.078. PREVENTION TASK FORCE. (a) In this section, "task force" means the Prevention Task Force.

(b) The commissioner shall establish the Prevention Task Force to make recommendations to the department for changes to law, policy, and practices regarding:

(1) the prevention of child abuse and neglect;

(2) the implementation of the changes in law made by HB1549, Acts of the 85th Legislature, Regular Session, 2017; and

(3) the implementation of the department's five-year strategic plan for prevention and early intervention services developed under Section 265.005, Family Code.

(c) The commissioner shall determine the number of members on the task force and shall appoint members to the task force accordingly. Members of the task force may include:

(1) a chair of a child fatality review team committee;

(2) a pediatrician;

(3) a judge;

(4) representatives of relevant state agencies;

(5) prosecutors who specialize in child abuse and neglect;

(6) medical examiners;

(7) representatives of service providers to the department; and

(8) policy experts in child abuse and neglect prevention, community advocacy, or related fields.

(d) The commissioner shall select the chair of the task force.

(e) The task force shall meet at times and locations as determined by the chair of the task force.

(f) A vacancy on the task force shall be filled in the same manner as the original appointment.

(g) A member of the task force is not entitled to compensation or reimbursement of expenses incurred in performing duties related to the task force.

(h) The department shall provide reasonably necessary administrative and technical support to the task force.

(i) The department may accept on behalf of the task force a gift, grant, or donation from any source to carry out the purposes of the task force.

(j) Chapter 2110, Government Code, does not apply to the task force.

(k) Not later than August 31, 2018, the task force shall submit a report to the commissioner. The report must include:

(1) a description of the activities of the task force; and

(2) the findings and recommendations of the task force.

(l) The task force is abolished and this section expires August 31, 2019.

SECTION 19. As soon as practicable after the effective date of this Act, the commissioner of the Department of Family and Protective Services shall appoint members to the Prevention Task Force created by this Act under Section 40.078, Human Resources Code, as added by this Act.

SECTION 20. This Act takes effect September 1, 2017.

Representative Burkett moved to adopt the conference committee report on HB 1549.

The motion to adopt the conference committee report on HB 1549 prevailed by (Record 2010): 142 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Springer.

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

Absent — Deshotel; Dukes; Klick; Leach; Raney.

STATEMENT OF VOTE

When Record No. 2010 was taken, I was shown voting no. I intended to vote yes.

Springer

SB 1553 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Bernal submitted the conference committee report on SB 1553.

Representative Bernal moved to adopt the conference committee report on SB 1553.

The motion to adopt the conference committee report on SB 1553 prevailed by (Record 2011): 132 Yeas, 13 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Burkett; Burns; Burrows; Button; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Fallon; Farrar; Flynn; Frank; Frullo; Gervin-Hawkins; Giddings; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Sanford; Schofield; Schubert; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Thierry; Thompson, E.; Thompson, S.; Turner; Uresti; VanDeaver; Villalba; Vo; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Bonnen, D.; Bonnen, G.; Cain; Faircloth; Geren; Goldman; Krause; Rinaldi; Schaefer; Shaheen; Stucky; Swanson; Tinderholt.

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

Absent — Dukes; Rose; Walle.

STATEMENT OF VOTE

When Record No. 2011 was taken, I was shown voting yes. I intended to vote no.

Lambert

HB 1290 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Roberts submitted the following conference committee report on HB 1290:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1290 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Kolkhorst

Roberts

Bettencourt

Price

Birdwell

Longoria

Burton

Cook

Hancock

Darby

On the part of the senate

On the part of the house

HB 1290, A bill to be entitled An Act relating to the required repeal of a state agency rule and a government growth impact statement before adoption of a new state agency rule.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 2001, Government Code, is amended by adding Section 2001.0045 to read as follows:

Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO REGULATED PERSONS. (a) In this section, "state agency" means a department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial branch of state government. This term does not include an agency under the authority of an elected officer of this state.

(b) A state agency rule proposal that contains more than one rule in a single rulemaking action is considered one rule for purposes of this section. Except as provided by Subsection (c), a state agency may not adopt a proposed rule for which the fiscal note for the notice required by Section 2001.024 states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date of the proposed rule the state agency:

(1) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or

(2) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule.

(1) relates to state agency procurement;

(2) is amended to:

(A) reduce the burden or responsibilities imposed on regulated persons by the rule; or

(B) decrease the persons' cost for compliance with the rule;

(3) is adopted in response to a natural disaster;

(4) is necessary to receive a source of federal funds or to comply with federal law;

(5) is necessary to protect water resources of this state as authorized by the Water Code;

(6) is necessary to protect the health, safety, and welfare of the residents of this state;

(7) is adopted by the Department of Family and Protective Services, Department of Motor Vehicles, Public Utility Commission, Texas Commission on Environmental Quality, or Texas Racing Commission;

(8) is adopted by a self-directed semi-independent agency; or

(9) is necessary to implement legislation, unless the legislature specifically states this section applies to the rule.

(d) Each state agency that adopts a rule subject to this section shall comply with the requirements imposed by Subchapter B and Chapter 2002 for publication in the Texas Register.

SECTION 2. Subchapter B, Chapter 2001, Government Code, is amended by adding Section 2001.0221 to read as follows:

Sec. 2001.0221. GOVERNMENT GROWTH IMPACT STATEMENTS. (a) A state agency shall prepare a government growth impact statement for a proposed rule.

(b) A state agency shall reasonably describe in the government growth impact statement whether, during the first five years that the rule would be in effect:

(1) the proposed rule creates or eliminates a government program;

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency;

(4) the proposed rule requires an increase or decrease in fees paid to the agency;

(5) the proposed rule creates a new regulation;

(6) the proposed rule expands, limits, or repeals an existing regulation;

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability; and

(8) the proposed rule positively or adversely affects this state's economy.

(c) The comptroller shall adopt rules to implement this section. The rules must require that the government growth impact statement be in plain language. The comptroller may prescribe a chart that a state agency may use to disclose the items required under Subsection (b).

(d) Each state agency shall incorporate the impact statement into the notice required by Section 2001.024.

(e) Failure to comply with this section does not impair the legal effect of a rule adopted under this chapter.

SECTION 3. Section 2001.0045, Government Code, as added by this Act, applies only to a rule proposed by a state agency on or after the effective date of this Act. A rule proposed before that date is governed by the law in effect on the date the rule was proposed, and the former law is continued in effect for that purpose.

SECTION 4. Not later than October 1, 2017, the comptroller shall adopt rules required under Section 2001.0221(c), Government Code, as added by this Act.

SECTION 5. Section 2001.0221, Government Code, as added by this Act, applies only to a proposed rule for which the notice required under Section 2001.023(b), Government Code, is filed on or after November 1, 2017.

SECTION 6. This Act takes effect September 1, 2017.

Representative Roberts moved to adopt the conference committee report on HB 1290.

The motion to adopt the conference committee report on HB 1290 prevailed by (Record 2012): 119 Yeas, 22 Nays, 2 Present, not voting.

Yeas — Alvarado; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Bohac; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Coleman; Cook; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Dean; Deshotel; Dutton; Elkins; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Holland; Hunter; Isaac; Johnson, E.; Johnson, J.; Kacal; Keough; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stucky; Swanson; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Allen; Alonzo; Anchia; Blanco; Bonnen, D.; Cain; Canales; Collier; Cortez; Davis, Y.; Faircloth; González; Hinojosa; Howard; Israel; Krause; Ortega; Perez; Rodriguez, J.; Romero; Stickland; Thierry.

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

Absent — Dukes; Herrero; Huberty; King, K.; Rose; Thompson, E.; Walle.

STATEMENTS OF VOTE

When Record No. 2012 was taken, I was shown voting yes. I intended to vote no.

Alvarado

When Record No. 2012 was taken, I was shown voting no. I intended to vote yes.

D. Bonnen

When Record No. 2012 was taken, I was shown voting no. I intended to vote yes.

Cain

When Record No. 2012 was taken, I was shown voting no. I intended to vote yes.

Faircloth

When Record No. 2012 was taken, I was shown voting yes. I intended to vote no.

Giddings

When Record No. 2012 was taken, I was shown voting yes. I intended to vote no.

E. Johnson

When Record No. 2012 was taken, I was shown voting no. I intended to vote yes.

Krause

When Record No. 2012 was taken, I was shown voting yes. I intended to vote no.

E. Rodriguez

When Record No. 2012 was taken, I was shown voting yes. I intended to vote no.

S. Thompson

When Record No. 2012 was taken, I was shown voting yes. I intended to vote no.

Uresti

SB 463 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Huberty submitted the conference committee report on SB 463.

Representative Huberty moved to adopt the conference committee report on SB 463.

The motion to adopt the conference committee report on SB 463 prevailed by (Record 2013): 145 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes; Roberts; Workman.

STATEMENTS OF VOTE

When Record No. 2013 was taken, I was in the house but away from my desk. I would have voted yes.

Roberts

When Record No. 2013 was taken, I was in the house but away from my desk. I would have voted yes.

Workman

HB 1424 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Murphy submitted the following conference committee report on HB 1424:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1424 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Birdwell

Murphy

Seliger

Perez

Burton

Parker

Whitmire

Springer

Creighton

Workman

On the part of the senate

On the part of the house

HB 1424, A bill to be entitled An Act relating to the operation of an unmanned aircraft over certain facilities or sports venues; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 423.0045, Government Code, is amended to read as follows:

Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER CORRECTIONAL FACILITY, DETENTION FACILITY, OR CRITICAL INFRASTRUCTURE FACILITY.

SECTION 2. Section 423.0045(a), Government Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a) and (3) to read as follows:

(1) "Correctional facility" means:

(A) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;

(B) a municipal or county jail;

(D) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.

(1-a) "Critical infrastructure facility" means:

(A) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i) a petroleum or alumina refinery;

(ii) an electrical power generating facility, substation, switching station, or electrical control center;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office;

(viii) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(ix) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x) a transmission facility used by a federally licensed radio or television station;

(xi) a steelmaking facility that uses an electric arc furnace to make steel; or

(xii) a dam that is classified as a high hazard by the Texas Commission on Environmental Quality; or

(B) any portion of an aboveground oil, gas, or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders.

(3) "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.

SECTION 3. Sections 423.0045(b), (c), and (d), Government Code, are amended to read as follows:

(b) A person commits an offense if the person intentionally or knowingly:

(1) operates an unmanned aircraft over a correctional facility, detention facility, or critical infrastructure facility and the unmanned aircraft is not higher than 400 feet above ground level;

(2) allows an unmanned aircraft to make contact with a correctional facility, detention facility, or critical infrastructure facility, including any person or object on the premises of or within the facility; or

(3) allows an unmanned aircraft to come within a distance of a correctional facility, detention facility, or critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

(1) conduct described by Subsection (b) that involves a correctional facility, detention facility, or critical infrastructure facility and is committed by:

(A) [~~(1)~~] the federal government, the state, or a governmental entity;

(B) [~~(2)~~] a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;

(D) [~~(4)~~] a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency; or

(E) an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:

(i) each applicable Federal Aviation Administration rule, restriction, or exemption; and

(ii) all required Federal Aviation Administration authorizations; or

(2) conduct described by Subsection (b) that involves a critical infrastructure facility and is committed by:

(A) [~~(5)~~] an owner or operator of the critical infrastructure facility;

(B) [~~(6)~~] a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the critical infrastructure facility;

(C) [~~(7)~~] a person who has the prior written consent of the owner or operator of the critical infrastructure facility; or

(D) [~~(8)~~] the owner or occupant of the property on which the critical infrastructure facility is located or a person who has the prior written consent of the owner or occupant of that property[~~; or~~

[~~(9)~~ ~~an operator of an unmanned aircraft that is being used for a commercial purpose, if the operator is authorized by the Federal Aviation Administration to conduct operations over that airspace~~].

(d) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section or Section 423.0046.

SECTION 4. Chapter 423, Government Code, is amended by adding Section 423.0046 to read as follows:

Sec. 423.0046. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER SPORTS VENUE. (a) In this section, "sports venue" means an arena, automobile racetrack, coliseum, stadium, or other type of area or facility that:

(1) has a seating capacity of 30,000 or more people; and

(2) is primarily used for one or more professional or amateur sports or athletics events.

(b) A person commits an offense if the person intentionally or knowingly operates an unmanned aircraft over a sports venue and the unmanned aircraft is not higher than 400 feet above ground level.

(1) the federal government, the state, or a governmental entity;

(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;

(3) a law enforcement agency;

(4) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;

(5) an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:

(A) each applicable Federal Aviation Administration rule, restriction, or exemption; and

(B) all required Federal Aviation Administration authorizations;

(6) an owner or operator of the sports venue;

(7) a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the sports venue; or

(8) a person who has the prior written consent of the owner or operator of the sports venue.

(d) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section or Section 423.0045.

SECTION 5. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 6. This Act takes effect September 1, 2017.

Representative Murphy moved to adopt the conference committee report on HB 1424.

The motion to adopt the conference committee report on HB 1424 prevailed by (Record 2014): 141 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes; Dutton; Krause; Lucio; Roberts; Sanford; Workman.

STATEMENTS OF VOTE

When Record No. 2014 was taken, I was in the house but away from my desk. I would have voted yes.

Roberts

When Record No. 2014 was taken, I was in the house but away from my desk. I would have voted yes.

Workman

SB 2118 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative D. Bonnen submitted the conference committee report on SB 2118.

SB 2118 - REMARKS

REPRESENTATIVE D. BONNEN: I've been asked by a few members to explain what changes were made to Representative Davis's bill. In conference, I was honored to be a conferee on this extraordinarily important bill. There were only really two substantive changes made. One was that Representative Clardy had an amendment that was to support Tyler Junior College's dental hygiene program. And so it requires they will do a report on the success of that program. That wasn't in the amendment he put on. The senate wanted that report done by 2019. The other change was to the amendment I placed on for Brazosport College, South Texas College, and Midland College, who had been honored to be leading this effort in the state of having four-year degrees at community colleges for over 10 years. That change was on their nursing program. They would not be allowed to charge a higher fee or tuition. So those were the two changes.

It is with extreme honor that I get to move passage on the conference committee report of a bill that is of such great importance to so many members in this chamber and more importantly to so many people. I'm going to quickly say this. On Mother's Day, Greg and I and our families were with our mom in my district at lunch. And the waitress said, "Do you think you're going to be able to pass that bill getting the nursing degree at Brazosport College?" I said, "Well, I hope so." She said, "You know, that would change my life and a lot of other people's lives if that were to happen." So I think we're going to change people's lives by allowing the opportunity where the best and most affordable education is and that's at community colleges.

Representative D. Bonnen moved to adopt the conference committee report on SB 2118.

The motion to adopt the conference committee report on SB 2118 prevailed by (Record 2015): 134 Yeas, 8 Nays, 3 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Stephenson; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; White; Wilson; Wray; Wu; Zedler; Zerwas.

Nays — Anderson, R.; Gonzales; Isaac; Murr; Rinaldi; Schofield; Springer; Stickland.

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

Absent — Deshotel; Dukes; Roberts; Walle; Workman.

STATEMENTS OF VOTE

When Record No. 2015 was taken, I was in the house but away from my desk. I would have voted yes.

Roberts

When Record No. 2015 was taken, I was in the house but away from my desk. I would have voted yes.

Workman

REMARKS ORDERED PRINTED

Representative Leach moved to print remarks by Representative D. Bonnen.

The motion prevailed.

HR 2610 - ADOPTED
(by Springer)

The following privileged resolution was laid before the house:

HR 2610

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 555 (an additional fee for issuing a marriage license to applicants who are not residents of this state and the form of a marriage license and application for a marriage license) to consider and take action on the following matter:

House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in proposed SECTION 6 of the bill to read as follows:

SECTION 6. The change in law made by this Act applies only to a marriage license issued on or after January 1, 2019. A marriage license issued before January 1, 2019, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

Explanation: This change is necessary to delay implementation of the bill until January 1, 2019.

HR 2610 was adopted by (Record 2016): 144 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; White; Wilson; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes; Roberts; Walle; Workman.

STATEMENTS OF VOTE

When Record No. 2016 was taken, I was in the house but away from my desk. I would have voted yes.

Roberts

When Record No. 2016 was taken, I was in the house but away from my desk. I would have voted yes.

Workman

HB 555 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Springer submitted the following conference committee report on HB 555:

Austin, Texas, May 26, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 555 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Hughes

Springer

Creighton

Phillips

Huffman

Roberts

L. Taylor

T. King

West

Clardy

On the part of the senate

On the part of the house

HB 555, A bill to be entitled An Act relating to an additional fee for issuing a marriage license to applicants who are not residents of this state and the form of a marriage license and application for a marriage license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2.009, Family Code, is amended by adding Subsection (e) to read as follows:

(e) A license issued by a county clerk under this section:

(1) must identify the county in which the license is issued; and

(2) may include the name of the county clerk.

SECTION 2. Section 194.0011(a), Health and Safety Code, is amended to read as follows:

(a) The executive commissioner by rule shall prescribe the format and content of the department form used for the marriage license application. The form must:

(1) require identification of the county in which the application is submitted; and

(2) allow, but may not require, the name of the county clerk to appear on the application.

SECTION 3. Section 118.011(b), Local Government Code, as effective until September 1, 2019, is amended to read as follows:

(b) The county clerk may set and collect the following fee from any person:

(1) Returned Check (Sec. 118.0215) . . . . . . not less than $15 or more than $30

(2) Records Management and Preservation Fee (Sec. 118.0216) . . . . . . . . . . . . . . . . . . . not more than $10

(3) Mental Health Background Check for License to Carry a Handgun (Sec. 118.0217) . . . . . not more than $2

(4) Marriage License for Out-of-State Applicants (Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . $100

SECTION 4. Section 118.011(b), Local Government Code, as effective September 1, 2019, is amended to read as follows:

(b) The county clerk may set and collect the following fee from any person:

(1) Returned Check (Sec. 118.0215) . . . . . . not less than $15 or more than $30

(2) Records Management and Preservation Fee (Sec. 118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more than $5

(3) Mental Health Background Check for License to Carry a Handgun (Sec. 118.0217) . . . . . not more than $2

(4) Marriage License for Out-of-State Applicants (Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100

SECTION 5. Section 118.018, Local Government Code, is amended by amending Subsection (b-1) and adding Subsection (d) to read as follows:

(b-1) The county clerk shall issue a marriage license without collecting a marriage license fee from an applicant who:

(1) completes a premarital education course described by Section 2.013, Family Code; [~~and~~]

(2) provides to the county clerk a premarital education course completion certificate indicating completion of the premarital education course not more than one year before the date the marriage license application is filed with the clerk; and

(3) provides proof satisfactory to the county clerk that the applicant is a resident of this state.

(d) If neither applicant for a marriage license provides proof satisfactory to the county clerk that the applicant is a resident of this state, the county clerk may collect an additional fee of $100 for issuing the marriage license.

SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

Representative Springer moved to adopt the conference committee report on HB 555.

The motion to adopt the conference committee report on HB 555 prevailed by (Record 2017): 123 Yeas, 22 Nays, 2 Present, not voting.

Yeas — Alvarado; Anderson, C.; Anderson, R.; Ashby; Bailes; Bell; Biedermann; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; Gonzales; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Holland; Huberty; Hunter; Isaac; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliverson; Parker; Paul; Phelan; Phillips; Pickett; Price; Raney; Raymond; Rinaldi; Roberts; Romero; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Allen; Alonzo; Anchia; Arévalo; Bernal; Blanco; Canales; Davis, Y.; González; Hinojosa; Howard; Israel; Johnson, E.; Minjarez; Oliveira; Ortega; Perez; Reynolds; Rodriguez, E.; Rodriguez, J.; Rose; Thierry.

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

Absent — Deshotel; Dukes; Giddings.

STATEMENTS OF VOTE

When Record No. 2017 was taken, I was shown voting yes. I intended to vote no.

Romero

When Record No. 2017 was taken, I was shown voting yes. I intended to vote no.

Turner

HB 1003 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Capriglione submitted the following conference committee report on HB 1003:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 1003 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

West

Capriglione

Hancock

Longoria

Estes

Parker

Nichols

Simmons

Springer

On the part of the senate

On the part of the house

HB 1003, A bill to be entitled An Act relating to investment of public funds, including certain expenditures by public institutions of higher education and university systems that are eligible for certain tax credits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2256.004(a), Government Code, is amended to read as follows:

(a) This subchapter does not apply to:

(1) a public retirement system as defined by Section 802.001;

(2) state funds invested as authorized by Section 404.024;

(3) an institution of higher education having total endowments of at least $150 [~~$95~~] million in book value on September 1, 2017 [~~May 1, 1995~~];

(4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code;

(5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or

(6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended.

SECTION 2. Section 2256.009(a), Government Code, is amended to read as follows:

(a) Except as provided by Subsection (b), the following are authorized investments under this subchapter:

(1) obligations, including letters of credit, of the United States or its agencies and instrumentalities;

(2) direct obligations of this state or its agencies and instrumentalities;

(3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States;

(4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States;

(5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; [~~and~~]

(6) bonds issued, assumed, or guaranteed by the State of Israel; and

(7) interest-bearing banking deposits that are guaranteed or insured by:

(A) the Federal Deposit Insurance Corporation or its successor; or

(B) the National Credit Union Share Insurance Fund or its successor.

SECTION 3. Section 2256.011, Government Code, is amended by adding Subsection (e) to read as follows:

(e) Section 1371.059(c) applies to the execution of a repurchase agreement by an investing entity.

SECTION 4. Sections 2256.014(a) and (b), Government Code, are amended to read as follows:

(a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund:

(1) is registered with and regulated by the Securities and Exchange Commission;

(2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); and

(3) complies with federal Securities and Exchange Commission Rule 2a-7 (17 C.F.R. Section 270.2a-7), promulgated under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.) [~~has a dollar-weighted average stated maturity of 90 days or fewer; and~~

[~~(4)~~ ~~includes in its investment objectives the maintenance of a stable net asset value of $1 for each share~~].

(b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund:

(1) is registered with the Securities and Exchange Commission;

(2) has an average weighted maturity of less than two years; and

(3) either:

(A) has a duration of one year or more and is invested exclusively in obligations approved by this subchapter; or

(B) has a duration of less than one year and the investment portfolio is limited to investment grade securities, excluding asset-backed securities

[~~(4)~~ ~~is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and~~

[~~(5)~~ ~~conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities~~].

SECTION 5. Section 2256.015, Government Code, is amended by adding Subsection (d) to read as follows:

(d) Section 1371.059(c) applies to the execution of a guaranteed investment contract by an investing entity.

SECTION 6. Sections 2256.016(b) and (f), Government Code, are amended to read as follows:

(b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information:

(1) the types of investments in which money is allowed to be invested;

(2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool;

(3) the maximum stated maturity date any investment security within the portfolio has;

(4) the objectives of the pool;

(5) the size of the pool;

(6) the names of the members of the advisory board of the pool and the dates their terms expire;

(7) the custodian bank that will safekeep the pool's assets;

(8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation;

(9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment;

(10) the name and address of the independent auditor of the pool;

(11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; [~~and~~]

(12) the performance history of the pool, including yield, average dollar-weighted maturities, and expense ratios; and

(13) the pool's policy regarding holding deposits in cash.

(f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool that uses amortized cost or fair value accounting [~~created to function as a money market mutual fund~~] must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1.00 [$1] net asset value, when rounded and expressed to two decimal places. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, the governing body of the public funds investment pool shall take action as the body determines necessary to eliminate or reduce to the extent reasonably practicable any dilution or unfair result to existing participants, including a sale of portfolio holdings to attempt [~~shall be sold as necessary~~] to maintain the ratio between 0.995 and 1.005. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool that uses amortized cost [~~created to function as a money market mutual fund~~] shall report yield to its investors in accordance with regulations of the federal Securities and Exchange Commission applicable to reporting by money market funds.

SECTION 7. Subchapter A, Chapter 2256, Government Code, is amended by adding Section 2256.0206 to read as follows:

Sec. 2256.0206. AUTHORIZED INVESTMENTS: HEDGING TRANSACTIONS. (a) In this section:

(1) "Eligible entity" means a political subdivision that has:

(A) a principal amount of at least $250 million in:

(i) outstanding long-term indebtedness;

(ii) long-term indebtedness proposed to be issued; or

(iii) a combination of outstanding long-term indebtedness and long-term indebtedness proposed to be issued; and

(B) outstanding long-term indebtedness that is rated in one of the four highest rating categories for long-term debt instruments by a nationally recognized rating agency for municipal securities, without regard to the effect of any credit agreement or other form of credit enhancement entered into in connection with the obligation.

(2) "Eligible project" has the meaning assigned by Section 1371.001.

(3) "Hedging" means acting to protect against economic loss due to price fluctuation of a commodity or related investment by entering into an offsetting position or using a financial agreement or producer price agreement in a correlated security, index, or other commodity.

(b) This section prevails to the extent of any conflict between this section and:

(1) another law; or

(2) an eligible entity's municipal charter, if applicable.

(d) An eligible entity may enter into hedging transactions, including hedging contracts, and related security, credit, and insurance agreements in connection with commodities used by an eligible entity in the entity's general operations, with the acquisition or construction of a capital project, or with an eligible project. A hedging transaction must comply with the regulations of the federal Commodity Futures Trading Commission and the federal Securities and Exchange Commission.

(e) An eligible entity may pledge as security for and to the payment of a hedging contract or a security, credit, or insurance agreement any general or special revenues or funds the entity is authorized by law to pledge to the payment of any other obligation.

(f) Section 1371.059(c) applies to the execution by an eligible entity of a hedging contract and any related security, credit, or insurance agreement.

(g) An eligible entity may credit any amount the entity receives under a hedging contract against expenses associated with a commodity purchase.

(h) An eligible entity's cost of or payment under a hedging contract or agreement may be considered:

(1) an operation and maintenance expense of the eligible entity;

(2) an acquisition expense of the eligible entity;

(3) a project cost of an eligible project; or

(4) a construction expense of the eligible entity.

SECTION 8. (a) Section 171.901(4), Tax Code, is amended to read as follows:

(4) "Eligible costs and expenses" means qualified rehabilitation expenditures as defined by Section 47(c)(2), Internal Revenue Code, except that the depreciation and tax-exempt use provisions of that section do not apply to costs and expenses incurred by an entity exempt from the tax imposed under this chapter by Section 171.063 or by an institution of higher education or university system as defined by Section 61.003, Education Code, and those costs and expenses are eligible costs and expenses if the other provisions of Section 47(c)(2), Internal Revenue Code, are satisfied.

(b) Effective January 1, 2022, Section 171.901(4), Tax Code, is amended to read as follows:

(4) "Eligible costs and expenses" means qualified rehabilitation expenditures as defined by Section 47(c)(2), Internal Revenue Code, except that the depreciation and tax-exempt use provisions of that section do not apply to costs and expenses incurred by an entity exempt from the tax imposed under this chapter by Section 171.063, and those costs and expenses are eligible costs and expenses if the other provisions of Section 47(c)(2), Internal Revenue Code, are satisfied.

SECTION 9. The changes in law made by this Act apply only to authorized investments of public funds governed by Chapter 2256, Government Code, as amended by this Act, that are made on or after the effective date of this Act. An authorized investment of public funds made before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 10. (a) Section 171.901(4), Tax Code, as amended by Section 8(a) of this Act, applies only to costs and expenses incurred on or after the effective date of this Act.

(b) Section 171.901(4), Tax Code, as amended by Section 8(b) of this Act, applies only to costs and expenses incurred on or after January 1, 2022.

Representative Capriglione moved to adopt the conference committee report on HB 1003.

The motion to adopt the conference committee report on HB 1003 prevailed by (Record 2018): 145 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Krause; Phillips.

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

Absent — Dukes.

STATEMENT OF VOTE

When Record No. 2018 was taken, I was shown voting no. I intended to vote yes.

Krause

SB 1511 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Price submitted the conference committee report on SB 1511.

Representative Price moved to adopt the conference committee report on SB 1511.

The motion to adopt the conference committee report on SB 1511 prevailed by (Record 2019): 146 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Deshotel; Dukes.

HB 5 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Frank submitted the following conference committee report on HB 5:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 5 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Schwertner

Frank

Nelson

Raymond

Huffman

Geren

Perry

Clardy

Uresti

Smithee

On the part of the senate

On the part of the house

HB 5, A bill to be entitled An Act relating to the powers and duties of the Department of Family and Protective Services and the transfer of certain powers and duties from the Health and Human Services Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 58.0051(a)(2), Family Code, is amended to read as follows:

(2) "Juvenile service provider" means a governmental entity that provides juvenile justice or prevention, medical, educational, or other support services to a juvenile. The term includes:

(A) a state or local juvenile justice agency as defined by Section 58.101;

(B) health and human services agencies, as defined by Section 531.001, Government Code, and the Health and Human Services Commission;

(D) the Department of Public Safety;

(E) [~~(D)~~] the Texas Education Agency;

(F) [~~(E)~~] an independent school district;

(G) [~~(F)~~] a juvenile justice alternative education program;

(H) [~~(G)~~] a charter school;

(I) [~~(H)~~] a local mental health or mental retardation authority;

(J) [~~(I)~~] a court with jurisdiction over juveniles;

(K) [~~(J)~~] a district attorney's office;

(L) [~~(K)~~] a county attorney's office; and

(M) [~~(L)~~] a children's advocacy center established under Section 264.402.

SECTION 2. Section 58.0072(c), Family Code, is amended to read as follows:

(c) The Texas Juvenile Justice Department may grant the following entities access to juvenile justice information for research and statistical purposes or for any other purpose approved by the department:

(1) criminal justice agencies as defined by Section 411.082, Government Code;

(2) the Texas Education Agency, as authorized under Section 37.084, Education Code;

(3) any agency under the authority of the Health and Human Services Commission; [or]

(4) the Department of Family and Protective Services; or

(5) a public or private university.

SECTION 3. Section 107.152(c), Family Code, is amended to read as follows:

(c) The pre-placement and post-placement parts of an adoption evaluation conducted by a licensed child-placing agency or the department are governed by rules adopted by the [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~].

SECTION 4. (a) Section 107.154(b), Family Code, is amended to read as follows:

(b) To be qualified to conduct an adoption evaluation under this subchapter, a person must:

(1) have a degree from an accredited college or university in a human services field of study and a license to practice in this state as a social worker, professional counselor, marriage and family therapist, or psychologist and:

(A) have one year of full-time experience working at a child-placing agency conducting child-placing activities; or

(B) be practicing under the direct supervision of a person qualified under this section to conduct adoption evaluations;

(2) be employed by or under contract with a domestic relations office, provided that the person conducts adoption evaluations relating only to families ordered to participate in adoption evaluations conducted by the domestic relations office; or

(3) be qualified as a child custody evaluator under Section 107.104.

(b) Section 107.154(b), Family Code, as amended by this section, applies only to an adoption evaluation conducted on or after the effective date of this Act. An adoption evaluation conducted before the effective date of this Act is governed by the law in effect on the date the evaluation was conducted, and the former law is continued in effect for that purpose.

SECTION 5. Section 107.159(a), Family Code, is amended to read as follows:

(a) Unless otherwise agreed to by the court, the pre-placement part of an adoption evaluation must comply with the minimum requirements for the pre-placement part of an adoption evaluation under rules adopted by the [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~].

SECTION 6. Section 107.160(a), Family Code, is amended to read as follows:

(a) Unless otherwise agreed to by the court, the post-placement part of an adoption evaluation must comply with the minimum requirements for the post-placement part of an adoption evaluation under rules adopted by the [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~].

SECTION 7. Subchapter A, Chapter 162, Family Code, is amended by adding Section 162.0086 to read as follows:

Sec. 162.0086. INFORMATION REGARDING SIBLING ACCESS. (a) The Department of Family and Protective Services shall provide information to each person seeking to adopt a child placed for adoption by the department regarding the right of a child's sibling to file a suit for access to the child under Sections 102.0045 and 153.551.

(b) The department may provide the information required under Subsection (a) on any form or application provided to prospective adoptive parents.

SECTION 8. Sections 162.304(b-2) and (g), Family Code, are amended to read as follows:

(b-2) The [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~] shall adopt rules necessary to implement Subsection (b-1), including rules that:

(1) limit eligibility for the subsidy under that subsection to a child whose adoptive family income is less than 300 percent of the federal poverty level;

(2) provide for the manner in which the department shall pay the subsidy under that subsection; and

(3) specify any documentation required to be provided by an adoptive parent as proof that the subsidy is used to obtain and maintain health benefits coverage for the adopted child.

(g) The [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~] by rule shall provide that the maximum amount of the subsidy under Subsection (b) that may be paid to an adoptive parent of a child under an adoption assistance agreement is an amount that is equal to the amount that would have been paid to the foster parent of the child, based on the child's foster care service level on the date the department and the adoptive parent enter into the adoption assistance agreement. This subsection applies only to a child who, based on factors specified in rules of the department, the department determines would otherwise have been expected to remain in foster care until the child's 18th birthday and for whom this state would have made foster care payments for that care. Factors the department may consider in determining whether a child is eligible for the amount of the subsidy authorized by this subsection include the following:

(1) the child's mental or physical disability, age, and membership in a sibling group; and

(2) the number of prior placement disruptions the child has experienced.

SECTION 9. Section 162.3041(a-1), Family Code, is amended to read as follows:

(a-1) Notwithstanding Subsection (a), if the department first entered into an adoption assistance agreement with a child's adoptive parents after the child's 16th birthday, the department shall, in accordance with rules adopted by the [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~], offer adoption assistance after the child's 18th birthday to the child's adoptive parents under an existing adoption agreement until the last day of the month of the child's 21st birthday, provided the child is:

(1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;

(2) regularly attending an institution of higher education or a postsecondary vocational or technical program;

(3) participating in a program or activity that promotes, or removes barriers to, employment;

(4) employed for at least 80 hours a month; or

(5) incapable of doing any of the activities described by Subdivisions (1)-(4) due to a documented medical condition.

SECTION 10. Subchapter A, Chapter 261, Family Code, is amended by adding Section 261.004 to read as follows:

Sec. 261.004. REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION. In this chapter:

(1) a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and

(2) a reference to the Health and Human Services Commission means the department.

SECTION 11. Section 263.009(a), Family Code, is amended to read as follows:

(a) The department shall hold a permanency planning meeting for each child for whom the department is appointed temporary managing conservator in accordance with a schedule adopted by the [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~] by rule that is designed to allow the child to exit the managing conservatorship of the department safely and as soon as possible and be placed with an appropriate adult caregiver who will permanently assume legal responsibility for the child.

SECTION 12. Subchapter A, Chapter 264, Family Code, is amended by adding Section 264.0011 to read as follows:

Sec. 264.0011. REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION. In this chapter:

(1) a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and

(2) a reference to the commission or the Health and Human Services Commission means the department.

SECTION 13. Chapter 264, Family Code, is amended by adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. COMMUNITY-BASED CARE

Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM CONTRACTOR AND RELATED PERSONNEL. (a) A nonprofit entity that contracts with the department to provide services as a single source continuum contractor under this subchapter is considered to be a charitable organization for the purposes of Chapter 84, Civil Practice and Remedies Code, with respect to the provision of those services, and that chapter applies to the entity and any person who is an employee or volunteer of the entity.

(b) The limitations on liability provided by this section apply:

(1) only to an act or omission by the entity or person, as applicable, that occurs while the entity or person is acting within the course and scope of the entity's contract with the department and the person's duties for the entity; and

(2) only if insurance coverage in the minimum amounts required by Chapter 84, Civil Practice and Remedies Code, is in force and effect at the time a cause of action for personal injury, death, or property damage accrues.

SECTION 14. Section 265.105, Family Code, as added by Chapter 1257 (HB 2630), Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 265.105. RULES. The [~~executive~~] commissioner of the department [~~Health and Human Services Commission~~] may adopt rules as necessary to implement this subchapter.

SECTION 15. Section 265.106, Family Code, is amended to read as follows:

Sec. 265.106. PARTNERSHIP PROGRAM STANDARDS. The [~~executive~~] commissioner, with the assistance of the Nurse-Family Partnership National Service Office, shall adopt standards for the partnership programs funded under this subchapter. The standards must adhere to the Nurse-Family Partnership National Service Office program model standards and guidelines that were developed in multiple, randomized clinical trials and have been tested and replicated in multiple communities.

SECTION 16. Section 265.109(a), Family Code, is amended to read as follows:

(a) The department, with the assistance of the Nurse-Family Partnership National Service Office, shall:

(1) adopt performance indicators that are designed to measure a grant recipient's performance with respect to the partnership program standards adopted by the [~~executive~~] commissioner under Section 265.106;

(2) use the performance indicators to continuously monitor and formally evaluate on an annual basis the performance of each grant recipient; and

(3) prepare and submit an annual report, not later than December 1 of each year, to the Senate Health and Human Services Committee, or its successor, and the House Human Services Committee, or its successor, regarding the performance of each grant recipient during the preceding state fiscal year with respect to providing partnership program services.

SECTION 17. Section 266.001, Family Code, is amended by adding Subdivision (1-b) to read as follows:

(1-b) "Commissioner" means the commissioner of the Department of Family and Protective Services.

SECTION 18. Section 266.003, Family Code, is amended to read as follows:

Sec. 266.003. MEDICAL SERVICES FOR CHILD ABUSE AND NEGLECT VICTIMS. (a) The department [~~commission~~] shall collaborate with the commission and health care and child welfare professionals to design a comprehensive, cost-effective medical services delivery model, either directly or by contract, to meet the needs of children served by the department. The medical services delivery model must include:

(1) the designation of health care facilities with expertise in the forensic assessment, diagnosis, and treatment of child abuse and neglect as pediatric centers of excellence;

(2) a statewide telemedicine system to link department investigators and caseworkers with pediatric centers of excellence or other medical experts for consultation;

(3) identification of a medical home for each foster child on entering foster care at which the child will receive an initial comprehensive assessment as well as preventive treatments, acute medical services, and therapeutic and rehabilitative care to meet the child's ongoing physical and mental health needs throughout the duration of the child's stay in foster care;

(4) the development and implementation of health passports as described in Section 266.006;

(5) establishment and use of a management information system that allows monitoring of medical care that is provided to all children in foster care;

(6) the use of medical advisory committees and medical review teams, as appropriate, to establish treatment guidelines and criteria by which individual cases of medical care provided to children in foster care will be identified for further, in-depth review;

(7) development of the training program described by Section 266.004(h);

(8) provision for the summary of medical care described by Section 266.007; and

(9) provision for the participation of the person authorized to consent to medical care for a child in foster care in each appointment of the child with the provider of medical care.

(b) The department [~~commission~~] shall collaborate with health and human services agencies, community partners, the health care community, and federal health and social services programs to maximize services and benefits available under this section.

(d) The commission is responsible for administering contracts with managed care providers for the provision of medical care to children in foster care. The department shall collaborate with the commission to ensure that medical care services provided by managed care providers match the needs of children in foster care.

SECTION 19. Sections 266.006(a), (b), and (e), Family Code, are amended to read as follows:

(a) The commission, in conjunction with the department, and with the assistance of physicians and other health care providers experienced in the care of foster children and children with disabilities and with the use of electronic health records, shall develop and provide a health passport for each foster child. The passport must be maintained in an electronic format and use [~~the commission's and~~] the department's existing computer resources to the greatest extent possible.

(b) The executive commissioner, in collaboration with the commissioner, shall adopt rules specifying the information required to be included in the passport. The required information may include:

(1) the name and address of each of the child's physicians and health care providers;

(2) a record of each visit to a physician or other health care provider, including routine checkups conducted in accordance with the Texas Health Steps program;

(3) an immunization record that may be exchanged with ImmTrac;

(4) a list of the child's known health problems and allergies;

(5) information on all medications prescribed to the child in adequate detail to permit refill of prescriptions, including the disease or condition that the medication treats; and

(6) any other available health history that physicians and other health care providers who provide care for the child determine is important.

(e) The commission, in collaboration with the department, shall provide training or instructional materials to foster parents, physicians, and other health care providers regarding use of the health passport.

SECTION 20. Sections 266.008(a) and (d), Family Code, are amended to read as follows:

(a) The department [~~commission~~] shall develop an education passport for each foster child. The department [~~commission, in conjunction with the department,~~] shall determine the format of the passport. The passport may be maintained in an electronic format. The passport must contain educational records of the child, including the names and addresses of educational providers, the child's grade-level performance, and any other educational information the department [~~commission~~] determines is important.

(d) The department [~~and the commission~~] shall collaborate with the Texas Education Agency to develop policies and procedures to ensure that the needs of foster children are met in every school district.

SECTION 21. Chapter 266, Family Code, is amended by adding Section 266.013 to read as follows:

Sec. 266.013. CONTINUITY OF SERVICES PROVIDED BY COMMISSION. (a) In addition to the requirements of Section 266.003(d), the commission shall continue to provide any services to children in the conservatorship of the department that the commission provided to those children before September 1, 2017.

(b) Subsection (a) does not apply to any services provided by the commission in relation to a child's education passport created under Section 266.008.

SECTION 22. Section 531.001(4), Government Code, is amended to read as follows:

(4) "Health and human services agencies" includes the:

(A) Department of Aging and Disability Services;

(B) Department of State Health Services; and

[~~(D)~~ ~~Department of Family and Protective Services~~].

SECTION 23. Section 531.00553(b), Government Code, as added by Chapter 837 (SB 200), Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(b) Subject to Subsection (c), the executive commissioner shall plan and implement an efficient and effective centralized system of administrative support services for the health and human services system and the Department of Family and Protective Services, as applicable. The performance of administrative support services for the health and human services system is the responsibility of the commission.

SECTION 24. (a) Section 531.02013, Government Code, is amended to read as follows:

Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. The following functions are not subject to transfer under Sections 531.0201 and 531.02011:

(1) the functions of the Department of Family and Protective Services, including the statewide intake of reports and other information, related to the following:

(A) child protective services, including services that are required by federal law to be provided by this state's child welfare agency;

(B) adult protective services, other than investigations of the alleged abuse, neglect, or exploitation of an elderly person or person with a disability:

(i) in a facility operated, or in a facility or by a person licensed, certified, or registered, by a state agency; or

(ii) by a provider that has contracted to provide home and community-based services; [~~and~~]

(D) investigations of alleged abuse, neglect, or exploitation occurring at a child-care facility, including a residential child-care facility, as those terms are defined by Section 42.002, Human Resources Code; and

(2) the public health functions of the Department of State Health Services, including health care data collection and maintenance of the Texas Health Care Information Collection program.

(b) Notwithstanding any provision of Subchapter A-1, Chapter 531, Government Code, or any other law, the responsibility for conducting investigations of reports of abuse, neglect, or exploitation occurring at a child-care facility, including a residential child-care facility, as those terms are defined by Section 42.002, Human Resources Code, may not be transferred to the Health and Human Services Commission and remains the responsibility of the Department of Family and Protective Services.

(c) As soon as possible after the effective date of this section, the commissioner of the Department of Family and Protective Services shall transfer the responsibility for conducting investigations of reports of abuse, neglect, or exploitation occurring at a child-care facility, including a residential child-care facility, as those terms are defined by Section 42.002, Human Resources Code, to the child protective services division of the department. The commissioner shall transfer appropriate investigators and staff as necessary to implement this section.

(d) This section takes effect immediately if this Act receives a vote of two-thirds of all the members of each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for this section to take immediate effect, this section takes effect on the 91st day after the last day of the legislative session.

SECTION 25. Section 531.0202(a), Government Code, is amended to read as follows:

(a) Each of the following state agencies and entities is abolished on a date that is within the period prescribed by Section 531.02001(1), that is specified in the transition plan required under Section 531.0204 for the abolition of the agency or entity, and that occurs after all of the agency's or entity's functions have been transferred in accordance with Section 531.0201:

(1) the Department of Assistive and Rehabilitative Services;

(2) the Health and Human Services Council;

(3) the Aging and Disability Services Council;

(4) the Assistive and Rehabilitative Services Council;

(5) [~~the Family and Protective Services Council;~~

[~~(6)~~] the State Health Services Council; and

(6) [~~(7)~~] the Texas Council on Autism and Pervasive Developmental Disorders.

SECTION 26. Section 531.0206(a), Government Code, is amended to read as follows:

(a) The Sunset Advisory Commission shall conduct a limited-scope review of the commission during the state fiscal biennium ending August 31, 2023, in the manner provided by Chapter 325 (Texas Sunset Act). The review must provide:

(1) an update on the commission's progress with respect to the consolidation of the health and human services system mandated by this subchapter, including the commission's compliance with the transition plan required under Section 531.0204;

(2) an evaluation and recommendations regarding the need to continue [~~the Department of Family and Protective Services and~~] the Department of State Health Services as a state agency [~~agencies~~] separate from the commission; and

(3) any additional information the Sunset Advisory Commission determines appropriate, including information regarding any additional organizational changes the Sunset Advisory Commission recommends.

SECTION 27. Section 531.102(a), Government Code, is amended to read as follows:

(a) The commission's office of inspector general is responsible for the prevention, detection, audit, inspection, review, and investigation of fraud, waste, and abuse in the provision and delivery of all health and human services in the state, including services through any state-administered health or human services program that is wholly or partly federally funded or services provided by the Department of Family and Protective Services, and the enforcement of state law relating to the provision of those services. The commission may obtain any information or technology necessary to enable the office to meet its responsibilities under this subchapter or other law.

SECTION 28. Sections 40.0026 and 40.0027, Human Resources Code, as effective September 1, 2017, are amended to read as follows:

Sec. 40.0026. REFERENCES IN LAW MEANING DEPARTMENT. In this code or any other law, a reference to the department or the commission in relation to a function described by Section 40.0025(b) means the department. [~~A reference in law to the department in relation to any other function has the meaning assigned by Section 531.0011, Government Code.~~]

Sec. 40.0027. REFERENCES IN LAW MEANING COMMISSIONER OR DESIGNEE. In this code or in any other law, a reference to the commissioner or the executive commissioner in relation to a function described by Section 40.0025(b) means the commissioner. [~~A reference in law to the commissioner in relation to any other function has the meaning assigned by Section 531.0012, Government Code.~~]

SECTION 29. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Sections 40.021, 40.022, 40.023, 40.024, 40.025, and 40.026 to read as follows:

Sec. 40.021. FAMILY AND PROTECTIVE SERVICES COUNCIL. (a) The Family and Protective Services Council is created to assist the commissioner in developing rules and policies for the department.

(b) The council is composed of nine members of the public appointed by the governor. In making appointments to the council, the governor shall consider persons who have a demonstrated knowledge of the department and the health and human services system in general, including former department employees, court-appointed special advocates, foster care providers, and employees of child advocacy centers.

(c) The council shall study and make recommendations to the commissioner regarding the management and operation of the department, including policies and rules governing the delivery of services to persons who are served by the department, the rights and duties of persons who are served or regulated by the department, and the consolidation of the provision of administrative support services as provided by Section 531.00553, Government Code. The council may not develop policies or rules relating to administrative support services provided by the commission for the department.

(d) Chapter 551, Government Code, applies to the council.

(e) Chapter 2110, Government Code, does not apply to the council.

(f) A majority of the members of the council constitute a quorum for the transaction of business.

Sec. 40.022. APPOINTMENTS. (a) Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(b) Appointments to the council shall be made so that each geographic area of the state is represented on the council. Notwithstanding Subsection (a), appointments to the council must reflect the ethnic diversity of this state.

Sec. 40.023. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A person who is appointed as a member of the council may not vote, deliberate, or be counted as a member in attendance at a meeting of the council until the person completes a training program that complies with this section.

(b) The training program must provide information to the member regarding:

(1) the legislation that created the department and the council;

(2) the programs operated by the department;

(3) the role and functions of the department and the council, including detailed information regarding the advisory responsibilities of the council;

(4) the role of the commission and the responsibilities of the commission in relation to the department;

(5) the rules of the department, with an emphasis on rules that relate to disciplinary and investigatory authority;

(6) the current budget for the department;

(7) the results of the most recent formal audit of the department;

(8) the requirements of the:

(A) open meetings law, Chapter 551, Government Code;

(B) public information law, Chapter 552, Government Code; and

(9) the requirements of the conflict-of-interest laws and other laws relating to public officials; and

(10) any applicable ethics policies adopted by the commissioner or the Texas Ethics Commission.

Sec. 40.024. TERMS; VACANCY. (a) Members of the council serve for staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year.

(b) A member of the council may not serve more than two consecutive full terms as a council member.

Sec. 40.025. REIMBURSEMENT FOR EXPENSES. A council member may not receive compensation for service as a member of the council but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the council as provided by the General Appropriations Act.

Sec. 40.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a) The governor shall designate a member of the council as the presiding officer to serve in that capacity at the pleasure of the governor.

(b) The members of the council shall elect any other necessary officers.

(c) The council shall meet quarterly and at other times at the call of the presiding officer. The council may hold meetings in different areas of the state.

SECTION 30. Section 40.027, Human Resources Code, is amended to read as follows:

Sec. 40.027. COMMISSIONER. (a) The governor, with the advice and consent of the senate, [~~executive commissioner~~] shall appoint a commissioner [~~in accordance with Section 531.0056, Government Code~~]. The commissioner is to be selected according to education, training, experience, and demonstrated ability.

(b) The commissioner serves a term of two years [~~at the pleasure of the executive commissioner~~].

(1) act as the department's chief administrative officer;

(2) oversee [~~in accordance with the procedures prescribed by Section 531.00551, Government Code, assist the executive commissioner in~~] the development and implementation of policies and guidelines needed for the administration of the department's functions;

(3) oversee [~~in accordance with the procedures adopted by the executive commissioner under Section 531.00551, Government Code, assist the executive commissioner in~~] the development of rules relating to the matters within the department's jurisdiction, including the delivery of services to persons and the rights and duties of persons who are served or regulated by the department; and

(4) serve as a liaison between the department and commission.

(d) The commissioner shall administer this chapter and other laws relating to the department [under operational policies established by the executive commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule].

(e) Notwithstanding any other law, the commissioner shall adopt rules and policies for the operation of and the provision of services by the department.

SECTION 31. Section 40.030, Human Resources Code, is amended to read as follows:

Sec. 40.030. ADVISORY COMMITTEES. (a) The [~~executive~~] commissioner or the [~~executive~~] commissioner's designee may appoint advisory committees in accordance with Chapter 2110, Government Code.

(b) The [~~executive~~] commissioner shall adopt rules, in compliance with Chapter 2110, Government Code, regarding the purpose, structure, and use of advisory committees by the department. The rules may include provisions governing:

(1) an advisory committee's size and quorum requirements;

(2) qualifications for membership of an advisory committee, including:

(A) requirements relating to experience and geographic representation; and

(B) requirements for the department to include as members of advisory committees youth who have aged out of foster care and parents who have successfully completed family service plans and whose children were returned to the parents, as applicable;

(3) appointment procedures for an advisory committee;

(4) terms for advisory committee members; and

(5) compliance with Chapter 551, Government Code.

SECTION 32. Section 40.0505, Human Resources Code, is amended to read as follows:

Sec. 40.0505. DIVISIONS OF DEPARTMENT [~~POWERS AND DUTIES OF COMMISSIONER; EFFECT OF CONFLICT WITH OTHER LAW~~]. (a) The commissioner shall establish the following divisions and offices within the department:

(1) an investigations division;

(2) a consolidated data division;

(3) a legal division that oversees the following:

(A) legal matters relating to human resources, as necessary to manage the department's workforce and establish the department's hiring and termination policies;

(B) open records;

(D) litigation; and

(E) contract compliance;

(4) an operations division that oversees department operations and human resources functions of the department; and

(5) a financial management and accounting services division.

(b) The commissioner may establish additional divisions within the department as the commissioner determines appropriate.

(c) The commissioner may assign department functions among the department's divisions. [~~To the extent a power or duty given to the commissioner by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.~~]

SECTION 33. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.0512 to read as follows:

Sec. 40.0512. CONTINUITY OF SERVICES; INFORMATION SHARING. The department shall make a good faith effort to share relevant and appropriate information with health and human services agencies regarding persons receiving services from the department to ensure continuity of care and the best possible coordination of state-funded resources among health and human services agencies.

SECTION 34. Section 40.058, Human Resources Code, is amended by adding Subsections (i) and (j) to read as follows:

(i) The department and the commission shall enter into contracts for the provision of shared administrative services, including payroll, procurement, information resources, rate setting, purchasing, and contracting.

(j) The department shall collaborate with the commission to ensure the efficient provision of administrative support services by the commission.

SECTION 35. Subchapter A, Chapter 48, Human Resources Code, is amended by adding Section 48.0021 to read as follows:

Sec. 48.0021. REFERENCE TO COMMISSION OR EXECUTIVE COMMISSIONER. In this chapter:

(1) a reference to the Health and Human Services Commission means the Department of Family and Protective Services; and

(2) a reference to the executive commissioner means the commissioner of the Department of Family and Protective Services.

SECTION 36. The following provisions are repealed:

(1) Sections 261.001(7) and 264.001(2) and (3), Family Code; and

(2) Sections 40.0506 and 40.0507, Human Resources Code.

SECTION 37. As soon as possible after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall transfer the appropriate divisions, resources, and personnel to the Department of Family and Protective Services to allow the department to perform the general functions of the department under Chapter 40, Human Resources Code, as amended by this Act, including any staff and associated resources previously transferred to the commission pursuant to the requirements of Chapter 837 (SB 200), Acts of the 84th Legislature, Regular Session, 2015.

SECTION 38. Except as otherwise provided by this Act, this Act takes effect September 1, 2017.

HB 5 - REMARKS

REPRESENTATIVE FRANK: Members, HB 5 passed the house unanimously on March 2. We are now a day before the end of session, and we have the conference committee report back. Several amendments on the senate floor put the bill back closer to the version that passed out of the house instead of the committee substitute that passed out of the senate. There were also two standalone bills that were tacked on.

Members, there was one amendment that caused a great deal of concern that we went to conference on. And I would say this––essentially, most of that language was pulled out. What ended up happening is we basically went to Section 84. My friend Travis Clardy and several others on the conference committee helped with the wording, but the protection that the SSCCs have is essentially what is in statute today under Section 84. One of the things I would note is that a lot of the concern about that, I'm afraid, had more to do with people not wanting the community-based to succeed. We actually have given very similar protection in other bills to these providers, but that's what is in the final committee report. That's not what they will have. I do think they will still be able to be successful. But with those changes, I think we have compromised on all the issues that we need as will allow DFPS to have the structural autonomy and the decision-making authority that they need to address the foster care capacity crisis and other pressing issues.

REPRESENTATIVE WALLE: Just to clarify, I want to specifically target the compromise, I guess, on liability and these agencies or these nonprofits limiting their liability. What was specifically the change in that part of HB 5?

FRANK: The original amendment basically gave qualified immunity, not full immunity, not sovereignty immunity. but qualified immunity, much as we give to other people who are in the child welfare arena. But it gave that to our SSCCs that will be handling the foster care system in different community-based foster care regions. It gave that to them. Essentially, what we ended up doing is putting it back to where it is today, which there is already protection in statute for nonprofits working in the child welfare system. I think there is still some concern that that could create some problems, but it's essentially where we ended up in conference.

WALLE: With that, I guess that fallback provision that they would fall under, charitable immunity and liability, that is under the Civil Practice and Remedies Code, Title 4, Liability in Tort, Chapter 84. Is that your understanding?

FRANK: Yes, that is.

WALLE: And then the particular sections that these agencies or these nonprofits would fall under is Section 84.005, which is the employee liability part. Is that your understanding as well?

FRANK: I don't have it in front of me, but that is my understanding.

WALLE: And then also Section 84.006, which is the organization liability. And it has particularly some amounts on there, liability for employees, and the maximum would be I think $500,000. I think that's the section you are talking about. Is that correct?

FRANK: That's correct. Section 84, yes.

WALLE: Section 84, the Civil Practice and Remedies Code––they're going to fall under that, I guess, fallback provision now.

FRANK: That's correct. So essentially that amendment was for all intents and purposes taken off. And I think, again, there were a lot of people that made, to me, a much bigger issue of that than was needed. In fact, just so we're clear, this protection that was requested by the senate is already done in other places. In fact, our own Ms. Thompson had HB 1501 that gave child custody evaluators liability protection, complete protection from civil damages. But what we have done in this bill is essentially remove that.

WALLE: I'm going to change gears on you. On the actual expansion, I know there was an understanding, there were two. The initial allow would be several areas. I know it's related to––

FRANK: If you would, we will have a chance on SB 11 to talk about that. This is DFPS standalone. This is not that bill.

WALLE: That's what I'm trying to get to. The relatedness of these two bills is part of a package that you are trying to roll out in reference to try to reform the system. Is that a correct statement? So that we have a better safety net for these children, is that correct?

FRANK: Yes.

WALLE: So that's what I was trying to get to before you interrupted me.

FRANK: Sorry.

WALLE: And so this is part of a package where we're trying to make sure that we're putting in the structural accountability but also put the funding with the other components of this crisis that we are trying to tackle. Is that correct?

FRANK: Yes, that's correct.

Representative Frank moved to adopt the conference committee report on HB 5.

The motion to adopt the conference committee report on HB 5 prevailed by (Record 2020): 145 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

Nays — Rodriguez, E.

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

Absent — Deshotel; Dukes.

STATEMENT OF VOTE

When Record No. 2020 was taken, I was shown voting no. I intended to vote yes.

E. Rodriguez

REMARKS ORDERED PRINTED

Representative Raymond moved to print all remarks on HB 5.

The motion prevailed.

HR 2616 - ADOPTED
(by Kuempel)

The following privileged resolution was laid before the house:

HR 2616

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 2065 (the licensing and regulation of certain occupations and activities) to consider and take action on the following matter:

House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text not in disagreement by omitting SECTION 6.002 of the senate engrossment of SB 2065 and the corresponding section of the bill as the bill was amended by the house, which reads as follows:

SECTION 6.002. This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.

Explanation: The omission is necessary to ensure the implementation of the Act as intended by the 85th Legislature, Regular Session, 2017.

HR 2616 was adopted by (Record 2021): 145 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes; Springer; Wilson.

STATEMENTS OF VOTE

When Record No. 2021 was taken, I was in the house but away from my desk. I would have voted yes.

Springer

When Record No. 2021 was taken, I was in the house but away from my desk. I would have voted yes.

Wilson

SB 2065 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Kuempel submitted the conference committee report on SB 2065.

Representative Kuempel moved to adopt the conference committee report on SB 2065.

The motion to adopt the conference committee report on SB 2065 prevailed by (Record 2022): 145 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas.

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

Absent — Deshotel; Dukes; Workman.

HB 3526 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative Howard submitted the following conference committee report on HB 3526:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 3526 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

L. Taylor

Howard

Campbell

Ashby

Hall

Bohac

Lucio

Bernal

Huberty

On the part of the senate

On the part of the house

HB 3526, A bill to be entitled An Act relating to instructional materials and technology for public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.001, Education Code, is amended to read as follows:

Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional materials selected for use in the public schools shall be furnished without cost to the students attending those schools. Except as provided by Section 31.104(d), a school district may not charge a student for instructional material or technological equipment purchased by the district with the district's technology and instructional materials allotment.

SECTION 2. Section 31.004(b), Education Code, is amended to read as follows:

(b) To determine whether each student has instructional materials that cover all elements of the essential knowledge and skills as required by Subsection (a), a school district or open-enrollment charter school may consider:

(1) instructional materials adopted by the State Board of Education;

(2) materials adopted or purchased by the commissioner under Section 31.0231 or Subchapter B-1;

(3) open-source instructional materials submitted by eligible institutions and adopted by the State Board of Education under Section 31.0241;

(4) open-source instructional materials made available by other public schools; [~~and~~]

(5) instructional materials developed or purchased by the school district or open-enrollment charter school; and

(6) open educational resources and other electronic instructional materials included in the repository under Section 31.083.

SECTION 3. Section 31.005, Education Code, is amended to read as follows:

Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. An open-enrollment charter school is entitled to the technology and instructional materials allotment under this chapter and is subject to this chapter as if the school were a school district.

SECTION 4. Section 31.021, Education Code, is amended to read as follows:

Sec. 31.021. STATE TECHNOLOGY AND INSTRUCTIONAL MATERIALS FUND. (a) The state technology and instructional materials fund consists of:

(1) an amount set aside by the State Board of Education from the available school fund, in accordance with Section 43.001(d); and

(2) all amounts lawfully paid into the fund from any other source.

(1) fund the technology and instructional materials allotment, as provided by Section 31.0211;

(2) purchase special instructional materials for the education of blind and visually impaired students in public schools;

(3) pay the expenses associated with the instructional materials adoption and review process under this chapter;

(4) pay the expenses associated with the purchase or licensing of open-source instructional material;

(5) pay the expenses associated with the purchase of instructional material, including intrastate freight and shipping and the insurance expenses associated with intrastate freight and shipping;

(6) fund the technology lending grant program established under Section 32.301 [~~32.201~~]; [~~and~~]

(7) provide funding to the Texas School for the Blind and Visually Impaired, the Texas School for the Deaf, and the Texas Juvenile Justice Department; and

(8) pay the expenses associated with the instructional materials web portal developed under Section 31.081.

(d) Money transferred to the state technology and instructional materials fund remains in the fund until spent and does not lapse to the state at the end of the fiscal year.

SECTION 5. The heading to Section 31.0211, Education Code, is amended to read as follows:

Sec. 31.0211. TECHNOLOGY AND INSTRUCTIONAL MATERIALS ALLOTMENT.

SECTION 6. Sections 31.0211(a) and (b), Education Code, are amended to read as follows:

(a) A school district is entitled to an allotment each biennium from the state technology and instructional materials fund for each student enrolled in the district on a date during the last year of the preceding biennium specified by the commissioner. The commissioner shall determine the amount of the allotment per student each biennium on the basis of the amount of money available in the state technology and instructional materials fund to fund the allotment. An allotment under this section shall be transferred from the state technology and instructional materials fund to the credit of the district's technology and instructional materials account as provided by Section 31.0212.

(b) A juvenile justice alternative education program under Section 37.011 is entitled to an allotment from the state technology and instructional materials fund in an amount determined by the commissioner. The program shall use the allotment to purchase items listed in Subsection (c) for students enrolled in the program. The commissioner's determination under this subsection is final and may not be appealed.

SECTION 7. The heading to Section 31.0212, Education Code, is amended to read as follows:

Sec. 31.0212. TECHNOLOGY AND INSTRUCTIONAL MATERIALS ACCOUNT.

SECTION 8. Sections 31.0212(a), (b), (d), and (e), Education Code, are amended to read as follows:

(a) The commissioner shall maintain a technology and [an] instructional materials account for each school district. In the first year of each biennium, the commissioner shall deposit in the account for each district the amount of the district's technology and instructional materials allotment under Section 31.0211.

(b) The commissioner shall pay the cost of instructional materials requisitioned by a school district under Section 31.103 using funds from the district's technology and instructional materials account.

(d) Money deposited in a school district's technology and instructional materials account during each state fiscal biennium remains in the account and available for use by the district for the entire biennium. At the end of each biennium, a district with unused money in the district's account may carry forward any remaining balance to the next biennium.

(e) The commissioner shall adopt rules as necessary to implement this section. The rules must include a requirement that a school district provide the title and publication information for any instructional materials requisitioned or purchased by the district with the district's technology and instructional materials allotment.

SECTION 9. Section 31.0213, Education Code, is amended to read as follows:

Sec. 31.0213. CERTIFICATION OF USE OF TECHNOLOGY AND INSTRUCTIONAL MATERIALS ALLOTMENT. Each school district shall annually certify to the commissioner that the district's technology and instructional materials allotment has been used only for expenses allowed by Section 31.0211.

SECTION 10. Section 31.0214(a), Education Code, is amended to read as follows:

(a) Each year the commissioner shall adjust the technology and instructional materials allotment of school districts experiencing high enrollment growth. The commissioner shall establish a procedure for determining high enrollment growth districts eligible to receive an adjustment under this section and the amount of the technology and instructional materials allotment those districts will receive.

SECTION 11. The heading to Section 31.0215, Education Code, is amended to read as follows:

Sec. 31.0215. TECHNOLOGY AND INSTRUCTIONAL MATERIALS [~~MATERIAL~~] ALLOTMENT PURCHASES.

SECTION 12. Sections 31.0215(b) and (c), Education Code, are amended to read as follows:

(b) The commissioner may allow a school district or open-enrollment charter school to place an order for instructional materials before the beginning of a fiscal biennium and to receive instructional materials before payment. The commissioner shall limit the cost of an order placed under this section to 80 percent of the estimated amount to which a school district or open-enrollment charter school is estimated to be entitled as provided by Subsection (a) and shall first credit any balance in a district or charter school technology and instructional materials account to pay for an order placed under this section.

(c) The commissioner shall make payments for orders placed under this section as funds become available to the technology and instructional materials fund and shall prioritize payment of orders placed under this section over reimbursement of purchases made directly by a school district or open-enrollment charter school.

SECTION 13. Section 31.0231(b), Education Code, is amended to read as follows:

(b) A school district may select material on the list adopted under Subsection (a) to be funded by the district's technology and instructional materials allotment under Section 31.0211.

SECTION 14. Section 31.029(a), Education Code, is amended to read as follows:

(a) A school district shall purchase with the district's technology and instructional materials allotment or otherwise acquire instructional materials for use in bilingual education classes.

SECTION 15. Section 31.031(a), Education Code, is amended to read as follows:

(a) A school district may purchase with the district's technology and instructional materials allotment or otherwise acquire instructional materials for use in college preparatory courses under Section 28.014.

SECTION 16. Section 31.071(e), Education Code, is amended to read as follows:

(e) The costs of administering this subchapter and purchasing state-developed open-source instructional materials shall be paid from the state technology and instructional materials fund, as determined by the commissioner.

SECTION 17. Chapter 31, Education Code, is amended by adding Subchapter B-2 to read as follows:

SUBCHAPTER B-2. INSTRUCTIONAL MATERIALS WEB PORTAL

Sec. 31.081. INSTRUCTIONAL MATERIALS WEB PORTAL. (a) The commissioner shall develop and maintain a web portal to assist school districts and open-enrollment charter schools in selecting instructional materials under Section 31.101.

(b) The web portal must include general information such as price, computer system requirements, and any other relevant specifications for each instructional material:

(1) on the instructional materials list, including the list adopted under Section 31.0231; or

(2) submitted by a publisher for inclusion in the web portal.

(c) The commissioner by rule shall establish the procedure by which a publisher may submit instructional materials for inclusion in the web portal.

(d) The commissioner shall use a competitive process to contract for the development of the web portal.

(e) The commissioner shall use money in the state technology and instructional materials fund to pay any expenses associated with the web portal.

Sec. 31.082. QUALITY OF INSTRUCTIONAL MATERIALS SUBMITTED BY PUBLISHER. (a) The commissioner shall contract with a private entity to conduct an independent analysis of each instructional material submitted by a publisher for inclusion in the web portal developed under Section 31.081. The analysis must:

(1) evaluate the quality of the material; and

(2) determine the extent to which the material covers the essential knowledge and skills identified under Section 28.002 for the subject and grade level for which the material is intended to be used, including an identification of:

(A) each of the essential knowledge and skills for the subject and grade level or levels covered by the material; and

(B) the percentage of the essential knowledge and skills for the subject and grade level or levels covered by the material.

(b) The commissioner shall include in the web portal developed under Section 31.081 the results of each analysis conducted under Subsection (a).

Sec. 31.083. INSTRUCTIONAL MATERIALS REPOSITORY. (a) In this section, "open educational resource" means a teaching, learning, or research resource that is in the public domain or has been released under an intellectual property license that permits the free use and repurposing of the resource by any person. The term may include full course curricula, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge.

(b) The commissioner shall include in the web portal developed under Section 31.081 a repository of open educational resources and other electronic instructional materials that school districts and open-enrollment charter schools may access at no cost, including state-developed open-source instructional materials purchased under Subchapter B-1.

Sec. 31.084. RULES. The commissioner may adopt rules as necessary to implement this subchapter.

SECTION 18. Section 31.101(f), Education Code, is amended to read as follows:

(f) The commissioner shall maintain an online requisition system for school districts to requisition instructional materials to be purchased with the district's technology and instructional materials allotment.

SECTION 19. Section 31.151(d), Education Code, is amended to read as follows:

(d) A penalty collected under this section shall be deposited to the credit of the state technology and instructional materials fund.

SECTION 20. Chapter 32, Education Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. TECHNOLOGY LENDING PROGRAM GRANTS

Sec. 32.301. ESTABLISHMENT OF PROGRAM. (a) The commissioner may establish a grant program under which grants are awarded to school districts and open-enrollment charter schools to implement a technology lending program to provide students access to equipment necessary to access and use electronic instructional materials.

(b) A school district or an open-enrollment charter school may apply to the commissioner to participate in the grant program. In awarding grants under this subchapter for each school year, the commissioner shall consider:

(1) the availability of existing equipment to students in the district or school;

(2) other funding available to the district or school; and

(3) the district's or school's technology plan.

(c) The commissioner may determine the terms of a grant awarded under this section, including limits on the grant amount and approved uses of grant funds.

(d) The commissioner may recover funds not used in accordance with the terms of a grant by withholding amounts from any state funds otherwise due to the school district or open-enrollment charter school.

Sec. 32.302. FUNDING. (a) The commissioner may use not more than $25 million from the state technology and instructional materials fund under Section 31.021 each state fiscal biennium or a different amount determined by appropriation to administer a grant program established under this subchapter.

(b) The cost of administering a grant program under this subchapter must be paid from funds described by Subsection (a).

Sec. 32.303. USE OF GRANT FUNDS. (a) A school district or open-enrollment charter school may use a grant awarded under Section 32.301 or other local funds to purchase, maintain, and insure equipment for a technology lending program.

(b) Equipment purchased by a school district or open-enrollment charter school with a grant awarded under Section 32.301 is the property of the district or school.

Sec. 32.304. REVIEW OF PROGRAM. Not later than January 1, 2019, the commissioner shall review the grant program established under this subchapter and submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the standing committees in the senate and house primarily responsible for public education. This section expires September 1, 2019.

SECTION 21. Section 41.124(c), Education Code, is amended to read as follows:

(c) A school district that receives tuition for a student from a school district with a wealth per student that exceeds the equalized wealth level may not claim attendance for that student for purposes of Chapters 42 and 46 and the technology and instructional materials allotment under Section 31.0211.

SECTION 22. Section 43.001(d), Education Code, is amended to read as follows:

(d) Each biennium the State Board of Education shall set aside an amount equal to 50 percent of the distribution for that biennium from the permanent school fund to the available school fund as provided by Section 5(a), Article VII, Texas Constitution, to be placed, subject to the General Appropriations Act, in the state technology and instructional materials fund established under Section 31.021.

SECTION 23. Section 403.093(d), Government Code, is amended to read as follows:

(d) The comptroller shall transfer from the general revenue fund to the foundation school fund an amount of money necessary to fund the foundation school program as provided by Chapter 42, Education Code. The comptroller shall make the transfers in installments as necessary to comply with Section 42.259, Education Code, and permit the Texas Education Agency, to the extent authorized by the General Appropriations Act, to make temporary transfers from the foundation school fund for payment of the technology and instructional materials allotment under Section 31.0211, Education Code. Unless an earlier date is necessary for purposes of temporary transfers for payment of the technology and instructional materials allotment, an installment must be made not earlier than two days before the date an installment to school districts is required by Section 42.259, Education Code, and must not exceed the amount necessary for that payment and any temporary transfers for payment of the technology and instructional materials allotment.

SECTION 24. Not later than September 1, 2018, the commissioner of education shall develop the web portal required under Subchapter B-2, Chapter 31, Education Code, as added by this Act.

SECTION 25. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

Representative Howard moved to adopt the conference committee report on HB 3526.

The motion to adopt the conference committee report on HB 3526 prevailed by (Record 2023): 147 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Dukes.

HR 2622 - ADOPTED
(by E. Rodriguez)

The following privileged resolution was laid before the house:

HR 2622

BE IT RESOLVED by the House of Representatives of the State of Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 4345 (the creation of the Rio de Vida Municipal Utility District No. 1; providing authority to impose a tax and issue bonds) to consider and take action on the following matter:

(1) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding ARTICLE 2 to the bill to read as follows:

ARTICLE 2. SOUTHWESTERN TRAVIS COUNTY

GROUNDWATER CONSERVATION DISTRICT

SECTION 2.01. The legislature finds that:

(1) creation of the Southwestern Travis County Groundwater Conservation District:

(A) is consistent with the state's preferred method of groundwater management;

(B) will protect property rights, balance the development and conservation of groundwater with the needs of this state, and use the best available science in the area of groundwater through rules developed, adopted, and promulgated by the district in accordance with the provisions of Chapter 8871, Special District Local Laws Code, as added by this article; and

(2) the district is created to:

(A) protect the interests of private property ownership while balancing the interests of all property owners in the district;

(B) manage groundwater resources; and

(3) although a property owner of land in the district is not entitled to an equal amount of water as another property owner of land in the district, a property owner does have a vested ownership interest in the groundwater beneath the owner's property, and the district shall recognize that ownership interest; and

(4) the Southwestern Travis County Groundwater Conservation District is not created to prohibit or restrict development of private property in the district.

SECTION 2.02. Subtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8871 to read as follows:

CHAPTER 8871. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8871.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the Southwestern Travis County Groundwater Conservation District.

Sec. 8871.002. NATURE OF DISTRICT. The district is a groundwater conservation district in Travis County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.

Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2.03 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2.03 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond; or

(3) legality or operation.

SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS

Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS; VACANCIES; TERMS. (a) Seven persons who reside in the district shall be appointed as temporary directors not later than the 90th day after the effective date of the article of the Act creating this chapter as follows:

(1) the county judge of Travis County shall appoint one temporary director;

(2) the county commissioner for the county commissioners precinct in which the district is principally located shall appoint two temporary directors;

(3) the state representative who represents the house district in which the district is principally located shall appoint two temporary directors; and

(4) the state senator who represents the senate district in which the district is principally located shall appoint two temporary directors.

(b) If a temporary director fails to qualify for office or a vacancy occurs on the temporary board, the remaining temporary directors shall appoint a person to fill the vacancy. If at any time there are fewer than four temporary directors, the state representative under Subsection (a)(3) shall appoint the necessary number of persons to fill all vacancies on the board.

Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than the 45th day after the date on which the seventh temporary director is appointed under Section 8871.021, the temporary directors shall hold the organizational meeting of the district.

(b) The temporary directors shall select from among themselves a president, a vice president, and a secretary.

Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a) Except as provided by Subsections (c) and (d) or as otherwise provided by this subchapter, the temporary directors of the district have the same permitting and general management powers as those provided for initial and permanent directors under this chapter and Chapter 36, Water Code.

(b) The temporary directors or their designees have the authority to enter any public or private property located in the district to inspect a water well that is not exempt under Section 8871.103, as provided by Section 36.123, Water Code.

(c) Except as provided by Section 8871.024, the temporary directors do not have the authority granted by the following provisions of Chapter 36, Water Code:

(1) Sections 36.017, 36.019, 36.020, and 36.059;

(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and 36.108;

(3) Sections 36.171-36.181;

(4) Sections 36.201-36.204; and

(5) Subchapters J and K.

(d) The temporary directors may regulate the transfer of groundwater out of the district as provided by Section 36.122, Water Code, but may not prohibit the transfer of groundwater out of the district.

Sec. 8871.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall order an election in the district, to be held not later than the uniform election date in May 2018, to confirm the creation of the district and to elect the initial directors.

(b) At the election held under this section, the temporary board shall have placed on the ballot the names of the candidates who are eligible under Section 8871.051 for each of the seven positions on the board.

(d) Except as provided by this section, an election held under this section must be conducted as provided by the Election Code and Sections 36.017, 36.018, and 36.019, Water Code. The following provisions of the Water Code do not apply to an election under this section:

(1) Section 36.017(a);

(2) the provision of Section 36.017(d) governing ballot provisions for the election of permanent directors; and

(3) Section 36.059(b).

(e) If the district's creation is not confirmed at an election held under Subsection (a), the candidate who receives a majority of the votes cast at that election for each of the seven positions on the board becomes a temporary director of the district. The temporary directors elected under this subsection shall order a subsequent election to be held to confirm the creation of the district and to elect the initial directors not earlier than the uniform election date in May 2020.

(f) Temporary directors elected under Subsection (e) serve until:

(1) the date initial directors are elected at the subsequent election ordered under Subsection (e) if the creation of the district is confirmed; or

(2) the fourth anniversary of the date of the election held under Subsection (a) if the creation of the district is not confirmed.

(g) The vacancy provision of Section 8871.021, and Section 8871.023, apply to the temporary directors elected under Subsection (e).

Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after an election has been held under Section 8871.024 and the votes have been canvassed, if the creation of the district is confirmed, the temporary directors shall:

(1) declare for each board position the person who receives the most votes for that position to be elected as the initial director for that position; and

(2) include the results of the initial directors' election in the district's election report to the commission.

(b) The initial directors shall draw lots to determine which three initial directors serve two-year terms and which four initial directors serve four-year terms.

SUBCHAPTER C. BOARD OF DIRECTORS

Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of seven directors.

(b) Directors elected after the election held under Section 8871.024 serve four-year terms.

(1) one director must reside in the corporate limits of the City of Bee Cave and be elected by voters residing in the City of Bee Cave;

(2) one director must reside in the corporate limits of the City of Lakeway or Village of the Hills and be elected by voters residing in the City of Lakeway and Village of the Hills;

(3) one director must reside in the corporate limits of the City of West Lake Hills and be elected by voters residing in the City of West Lake Hills; and

(4) four directors must:

(A) reside inside the district and outside the corporate limits of the City of Bee Cave, City of Lakeway, Village of the Hills, and City of West Lake Hills;

(B) be elected by voters residing inside the district and outside the corporate limits of the City of Bee Cave, City of Lakeway, Village of the Hills, and City of West Lake Hills; and

SUBCHAPTER D. POWERS AND DUTIES

Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. Except as otherwise provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The district may implement and develop aquifer storage and recovery projects in accordance with:

(1) Chapters 27 and 36, Water Code; and

(2) commission rules and guidance.

Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals from the following wells may not be regulated, permitted, or metered by the district:

(1) a well used for domestic use by a single private residential household and incapable of producing more than 10,000 gallons per day; and

(2) a well used solely for domestic use or for providing water for livestock or poultry if the well is:

(A) located or to be located on a tract of land larger than 10 acres; and

(B) drilled, completed, or equipped so that it is incapable of producing more than 25,000 gallons of groundwater a day.

(b) The district may not charge or collect a well construction fee for a well described by Subsection (a)(2).

(c) A well used for dewatering and monitoring in the production of coal or lignite is exempt from permit requirements, regulations, and fees imposed by the district.

Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a permit and pay any required fees, including a well construction fee, before using any groundwater withdrawn from a well for purposes other than those exempted by Section 8871.103.

Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to Subsection (b), an employee or agent of the district is entitled to enter public or private property in the district at any reasonable time to:

(1) inspect an exempt well;

(2) inspect and investigate conditions relating to the quality of water in the state; and

(3) monitor compliance with any rule, regulation, permit, or other order of the district.

(b) An employee or agent of the district must obtain the permission of the property owner before entering public or private property.

(c) If any employee or agent of the district is refused the right to enter public or private property in the district under this section, the district may seek a court order from a district court authorizing the district to enter the land.

(d) An employee or agent who enters private property under this section shall:

(1) observe the property's rules and regulations, if any, concerning safety, internal security, and fire protection;

(2) notify management or a person in charge of the presence of the employee or agent; and

(3) exhibit proper credentials.

Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

SUBCHAPTER E. FINANCIAL PROVISIONS

Sec. 8871.151. WELL CONSTRUCTION FEE. The district may charge and collect a new well construction fee not to exceed $1,000 for a new well.

Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The district may charge and collect a permit renewal application fee not to exceed $400.

Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section does not apply to a water utility that has surface water as its sole source of water.

(b) The district may levy and collect a water utility service connection fee not to exceed $1,000 for each new water service connection made after September 1, 2017.

Sec. 8871.154. PRODUCTION FEE. The district may impose reasonable production fees on each well that is not exempt from permitting under Section 8871.103 based on the amount of water actually withdrawn from the well. The district may not impose a production fee under this section in an amount greater than 20 cents per thousand gallons.

Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. The district may set a reasonable fee for administrative management on a per well basis. The district may set a fee for administrative management on a well that is exempt from permitting in an amount not greater than $40 per well, per year.

Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may not charge a fee under Section 36.205(b), (c), or (f), Water Code.

Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES. The district does not have the authority granted by Sections 36.020 and 36.201-36.204, Water Code, relating to taxes.

SECTION 2.03. The Southwestern Travis County Groundwater Conservation District initially includes all the territory contained in the following area:

THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY 2010 TCEQ REPORT; "The southwestern Travis territory is located in the southwestern quarter of Travis County. The southwestern Travis territory is bound to the west by Blanco and Burnet counties, southwest by Hays County, and southeast by the northwestern boundary of the Barton Springs/Edwards Aquifer Conservation District (BS/EACD). The northern boundary of the southwestern Travis territory is the Colorado River (Lake Travis, Lake Austin, and Lady Bird Lake)."

SECTION 2.04. (a) The legal notice of the intention to introduce this article of this Act, setting forth the general substance of this article of this Act, has been published as provided by law, and the notice and a copy of this article of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and this article of this Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this article of this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this article of this Act are fulfilled and accomplished.

SECTION 2.05. This article takes effect September 1, 2017.

Explanation: The change is necessary to create the Southwestern Travis County Groundwater Conservation District and provide the district the ability to issue bonds and impose fees.

(2) House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text not in disagreement in proposed SECTION 1.01 of the bill, in proposed Sections 8013.006, 8013.053, and 8013.153, Special District Local Laws Code, in proposed SECTION 1.03 of the bill, in the provision regarding legal notice and other requirements, and in SECTION 1.04 of the bill, in the effective date provision, by renumbering references to SECTION 2 of the bill as SECTION 1.02 and changing references to "this Act" to "this article of this Act".

EXPLANATION: This change is necessary to accommodate the addition of a second article to the Act.

HR 2622 was adopted by (Record 2024): 145 Yeas, 0 Nays, 3 Present, not voting.

Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson, C.; Anderson, R.; Arévalo; Ashby; Bailes; Bell; Bernal; Biedermann; Blanco; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cook; Cortez; Cosper; Craddick; Cyrier; Dale; Darby; Davis, S.; Davis, Y.; Dean; Dutton; Elkins; Faircloth; Fallon; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Giddings; Goldman; Gonzales; González; Gooden; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Isaac; Israel; Johnson, E.; Johnson, J.; Kacal; Keough; King, K.; King, P.; King, T.; Klick; Koop; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Longoria; Lozano; Lucio; Martinez; Metcalf; Meyer; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliveira; Oliverson; Ortega; Parker; Paul; Perez; Phelan; Phillips; Pickett; Price; Raney; Raymond; Reynolds; Rinaldi; Roberts; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheffield; Shine; Simmons; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner; Uresti; VanDeaver; Villalba; Vo; Walle; White; Wilson; Workman; Wray; Wu; Zedler; Zerwas.

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

Absent — Deshotel; Dukes.

HB 4345 - CONFERENCE COMMITTEE REPORT ADOPTED

Representative E. Rodriguez submitted the following conference committee report on HB 4345:

Austin, Texas, May 27, 2017

The Honorable Dan Patrick

President of the Senate

The Honorable Joe Straus

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HB 4345 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Watson

E. Rodriguez

Menéndez

Workman

Buckingham

Israel

Seliger

Uresti

Campbell

Howard

On the part of the senate

On the part of the house

HB 4345, A bill to be entitled An Act relating to the creation of the Rio de Vida Municipal Utility District No. 1 and the creation of the Southwestern Travis County Groundwater Conservation District; providing authority to impose taxes and fees; providing authority to issue bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. RIO DE VIDA MUNICIPAL UTILITY DISTRICT NO. 1

SECTION 1.01. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8013 to read as follows:

CHAPTER 8013. RIO DE VIDA MUNICIPAL UTILITY

DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8013.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Austin, Texas.

(3) "Commission" means the Texas Commission on Environmental Quality.

(4) "County" means Travis County.

(5) "Director" means a board member.

(6) "District" means the Rio de Vida Municipal Utility District No. 1.

Sec. 8013.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8013.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect four permanent directors.

Sec. 8013.004. CONSENT OF CITY REQUIRED. (a) The temporary directors may not hold an election under Section 8013.003 until the city has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

(b) If the city does not consent to the creation of the district under this section before February 14, 2020:

(1) the district is dissolved February 14, 2020, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to the city or another local governmental entity to be used for a public purpose; and

(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2) this chapter expires February 14, 2020.

Sec. 8013.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution;

(3) Section 52-a, Article III, Texas Constitution.

(c) By creating the district and in authorizing the city, the county, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

Sec. 8013.006. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 1.02 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 1.02 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

Sec. 8013.007. ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT REINVESTMENT ZONE. All or any part of the area of the district is eligible to be included in a tax abatement reinvestment zone under Chapter 312, Tax Code.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8013.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.

(b) A director may not serve more than two full terms of four years.

(1) four elected directors; and

(2) one director appointed by the governing body of the city.

(d) A director appointed under Subsection (c)(2) is not required to reside in the district or to own real property in the district.

(e) The common law doctrine of incompatibility does not disqualify an elected official or employee of the city from being appointed as a director by the governing body of the city under Subsection (c)(2). A director appointed to the board may continue to serve in a public office of or be employed by the city.

Sec. 8013.052. QUALIFICATIONS. Except as provided by Section 8013.051(d), to qualify to serve on the board, a person must:

(1) reside in the district; or

(2) own real property in the district.

Sec. 8013.053. TEMPORARY DIRECTORS. (a) On or after the effective date of the article of the Act enacting this chapter, the owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition. The commission shall appoint as temporary directors the five persons named in the petition.

(b) Unless the district is dissolved and this chapter expires as provided by Section 8013.004, temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8013.003; or

(2) September 1, 2021.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8013.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8013.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8013.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or the city for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 8013.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of the city.

(b) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 8013.105. COMPLIANCE WITH CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district, including affordable housing requirements established in the consent agreement.

(b) Any agreement between the district and the city related to the city's consent to the creation of the district is valid and enforceable.

(c) On the issuance of bonds, the district is considered to have acknowledged and consented to the exercise of the city's authority as to actions taken by the city under Section 54.016(g), Water Code.

Sec. 8013.106. CONTRACT TO FURTHER REGIONAL COOPERATION. The district and city may contract on terms that the board and governing body of the city agree will further regional cooperation between the district and city.

Sec. 8013.107. GRADING AND IMPROVEMENTS TO LAND IN THE DISTRICT. The district may construct, acquire, improve, maintain, finance, or operate a facility or improvement related to reclaiming or grading land in the district.

Sec. 8013.108. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS

Sec. 8013.151. DIVISION OF DISTRICT; PREREQUISITES. The district may be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

Sec. 8013.152. LAW APPLICABLE TO NEW DISTRICT. This chapter applies to any new district created by division of the district, and a new district has all the powers and duties of the district.

Sec. 8013.153. LIMITATION ON AREA OF NEW DISTRICT. A new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 1.02 of the Act enacting this chapter.

Sec. 8013.154. CONSENT OF CITY OR COUNTY. If the district is located wholly or partly in the corporate limits or the extraterritorial jurisdiction of the city, the district may not divide under this subchapter unless the city by resolution or ordinance first consents to the division of the district.

Sec. 8013.155. DIVISION PROCEDURES. (a) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.

(b) The board may adopt an order dividing the district before or after the date the board holds an election under Section 8013.003 to confirm the district's creation.

(1) name each new district;

(2) include the metes and bounds description of the territory of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between the new districts.

(d) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located.

Sec. 8013.156. TAX OR BOND ELECTION. Before a new district created by the division of the district may impose a sales and use tax or an operation and maintenance tax or issue bonds payable wholly or partly from ad valorem taxes, the new district must hold an election as required by this chapter.

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Sec. 8013.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 8013.203.

Sec. 8013.202. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8013.201, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

(c) If required by an agreement between the district and city under Section 8013.106, the total ad valorem tax rate of the district may not be less than the total ad valorem tax rate of the city.

Sec. 8013.203. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS

Sec. 8013.251. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, sales and use taxes, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 8013.252. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 8013.253. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SUBCHAPTER G. SALES AND USE TAX

Sec. 8013.301. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, computation, administration, enforcement, and collection of the sales and use tax authorized by this subchapter except to the extent Chapter 321, Tax Code, is inconsistent with this chapter.

(b) A reference in Chapter 321, Tax Code, to a municipality or the governing body of a municipality is a reference to the district or the board, respectively.

Sec. 8013.302. ELECTION; ADOPTION OF TAX. (a) The district may adopt a sales and use tax if:

(1) the city consents to the adoption of the tax; and

(2) the tax is authorized by a majority of the voters of the district voting at an election held for that purpose.

(b) Subject to city consent under Subsection (a), the board by order may call an election to authorize the adoption of the sales and use tax. The election may be held on any uniform election date and in conjunction with any other district election.

(c) The district shall provide notice of the election and shall hold the election in the manner prescribed by Section 8013.201.

(d) The ballot shall be printed to provide for voting for or against the proposition: "Authorization of a sales and use tax in the (insert name of district or name of new district created under Subchapter D) at a rate not to exceed ____ percent" (insert rate of one or more increments of one-eighth of one percent).

Sec. 8013.303. SALES AND USE TAX RATE. (a) Not later than the 10th day after the date the results are declared of an election held under Section 8013.302, at which the voters approved imposition of the tax authorized by this subchapter, the board shall determine the initial rate of the tax, which must be in one or more increments of one-eighth of one percent.

(b) After the election held under Section 8013.302, the board may decrease the rate of the tax by one or more increments of one-eighth of one percent.

(1) the maximum rate authorized by the district voters at the election held under Section 8013.302;

(2) a rate that, when added to the rates of all sales and use taxes imposed by other political subdivisions with territory in the district, would result in the maximum combined rate prescribed by Section 321.101(f), Tax Code, at any location in the district; or

(3) the sales and use tax rate adopted by the City of Austin.

(d) The board shall notify the comptroller of any changes made to the tax rate in the same manner the municipal secretary provides notice to the comptroller under Section 321.405(b), Tax Code.

Sec. 8013.304. USE OF REVENUE. Revenue from the sales and use tax imposed under this subchapter is for the use and benefit of the district and may be used for any district purpose. The district may pledge all or part of the revenue to the payment of bonds, notes, or other obligations, and that pledge of revenue may be in combination with other revenue, including tax revenue, available to the district.

Sec. 8013.305. ABOLITION OF TAX. (a) The board may abolish the tax imposed under this subchapter without an election.

(b) If the board abolishes the tax, the board shall notify the comptroller of that action in the same manner the municipal secretary provides notice to the comptroller under Section 321.405(b), Tax Code.

(c) If the board abolishes the tax or decreases the tax rate to zero, a new election to authorize a sales and use tax must be held under Section 8013.302 before the district may subsequently impose the tax.

SUBCHAPTER H. MUNICIPAL ANNEXATION AND DISSOLUTION

Sec. 8013.401. APPLICABILITY OF LAW ON WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. Section 43.075, Local Government Code, applies to the district.

Sec. 8013.402. STRATEGIC PARTNERSHIP; CONTINUATION OF DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may continue to exist as a limited district after full-purpose annexation by a municipality if the district and the annexing municipality state the terms of the limited district's existence in a strategic partnership agreement under Section 43.0751, Local Government Code.

(b) The strategic partnership agreement may provide for an original or renewed term of any number of years. The limitation in Section 43.0751(g)(2), Local Government Code, on the length of the term does not apply to a limited district created under this section.

Sec. 8013.403. NOTICE OF FUTURE CITY ANNEXATION REQUIRED. (a) Not later than the 30th day after the date the city consents to the creation of the district and to the inclusion of land in the district under Section 8013.004(a), the city shall file, in the real property records of the county, a notice to a purchaser of real property in the district that describes:

(1) the city's authority and intention to annex the district; and

(2) the anticipated date of the annexation.

(b) After the notice is filed, a person who proposes to sell or otherwise convey real property in the district must provide a copy of the notice to a purchaser of the property before selling or conveying the property to the purchaser.

SECTION 1.02. The Rio de Vida Municipal Utility District No. 1 initially includes all the territory contained in the following area:

ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE REUBEN HORNSBY SURVEY NO. 17, JOSEPH DUTY SURVEY NO. 20 AND THE JOHN BURLESON SURVEY NO. 33, TRAVIS COUNTY, TEXAS; BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS: A 353.08-ACRE TRACT (TO BE KNOWN AS PARCEL 01-1) AND A 65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 12448, PAGE 737 AND VOLUME 13170, PAGE 656; A 65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 13170, PAGE 656; A 102.188-ACRE TRACT (PARCEL NO. 1) (TO BE KNOWN AS PARCEL 02-1), A 29.008-ACRE TRACT (PARCEL NO. 2) (TO BE KNOWN AS PARCEL 02-2) AND A 10.743-ACRE TRACT (PARCEL NO. 3) (TO BE KNOWN AS PARCEL 02-3) IN VOLUME 12593, PAGE 2001; A 22.911-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 04-1) IN VOLUME 11985, PAGE 1238 AND VOLUME 13170, PAGE 656; A 19.253-ACRE TRACT (PARCEL 3) (TO BE KNOWN AS PARCEL 05-1), A 4.591-ACRE TRACT (PARCEL 1) (TO BE KNOWN AS PARCEL 06-1) AND A 16.931-ACRE TRACT (PARCEL 2) (TO BE KNOWN AS PARCEL 06-2) IN VOLUME 13304, PAGE 3306; A 52.487-ACRE TRACT (TO BE KNOWN AS PARCEL 08-1) IN VOLUME 13088, PAGE 429; A PORTION OF A 6.605-ACRE TRACT (TRACT 1) (TO BE KNOWN AS PARCEL 08-2) AND A 5.411-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 12-1) IN VOLUME 13088, PAGE 421; A 51.32-ACRE TRACT (TO BE KNOWN AS PARCEL 10-1) IN VOLUME 12703, PAGE 411 AND VOLUME 13170, PAGE 656; A 6.262-ACRE TRACT (TO BE KNOWN AS PARCEL 11-1) IN VOLUME 12835, PAGE 1489; A 22.967-ACRE TRACT (TO BE KNOWN AS PARCEL 13-1) IN VOLUME 9872, PAGE 77 AND VOLUME 13170, PAGE 656; A 14.272-ACRE TRACT (TRACT 8) (TO BE KNOWN AS PARCEL 14-1), A 21.100-ACRE TRACT (TRACT 9) (TO BE KNOWN AS PARCEL 15-1), A 32.738-ACRE TRACT (TRACT 17) (TO BE KNOWN AS PARCEL 17-1), A 8.051-ACRE TRACT (TRACT 12) (TO BE KNOWN AS PARCEL 18-1), A 9.744-ACRE TRACT (TRACT 13) (TO BE KNOWN AS PARCEL 18-2), A 9.752-ACRE TRACT (TRACT 14) (TO BE KNOWN AS PARCEL 18-3), A 15.981-ACRE TRACT (TRACT 15) (TO BE KNOWN AS PARCEL 18-4), A 19.127-ACRE TRACT (TRACT 16) (TO BE KNOWN AS PARCEL 18-5), A 10.274-ACRE TRACT (TRACT 10) (TO BE KNOWN AS PARCEL 21-1), A 9.825-ACRE TRACT (TRACT 11) (TO BE KNOWN AS PARCEL 21-2), A PORTION OF A 44.586-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 23-1), A PORTION OF A 15.959-ACRE TRACT (TRACT 7) (TO BE KNOWN AS PARCEL 23-2), A PORTION OF A 15.946-ACRE TRACT (TRACT 6) (TO BE KNOWN AS PARCEL 23-3) AND A PORTION OF A 14.135-ACRE TRACT (TRACT 3) (TO BE KNOWN AS PARCEL 28-1) IN VOLUME 12326, PAGE 1154 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 45.874-ACRE TRACT (TO BE KNOWN AS PARCEL 19-1) IN VOLUME 12270, PAGE 1633 AND VOLUME 13170, PAGE 656; A 13.853-ACRE TRACT (TO BE KNOWN AS PARCEL 20-1) IN VOLUME 12326, PAGE 1149 AND VOLUME 13170, PAGE 656; A PORTION OF A 32.403-ACRE TRACT (TRACT 4) (TO BE KNOWN AS PARCEL 22-1) AND A PORTION OF A 50.388-ACRE TRACT (TRACT 1) (TO BE KNOWN AS PARCEL 28-2) IN VOLUME 12326, PAGE 1109 AND VOLUME 13170, PAGE 656; AND A 83.838-ACRE TRACT (TO BE KNOWN AS PARCEL 27-1) IN VOLUME 11955, PAGE 972 AND VOLUME 13170, PAGE 656; AND ALSO BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS: A 49.994-ACRE TRACT (TRACT 1) (TO BE KNOWN AS PARCEL 03-1), A PORTION OF A 85.957-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 03-2), A PORTION OF A 41.043-ACRE TRACT (TRACT 3) (TO BE KNOWN AS PARCEL 03-3), A 69.542-ACRE TRACT (TRACT 4) (TO BE KNOWN AS PARCEL 03-4), A 55.299-ACRE TRACT (TRACT 5) (TO BE KNOWN AS PARCEL 03-5), A PORTION OF A 33.214-ACRE TRACT (TO BE KNOWN AS PARCEL 03-6) AND A 39.355-ACRE TRACT (TRACT 6) (TO BE KNOWN AS PARCEL 03-7) IN DOCUMENT NO. 1999152526; A 223.497-ACRE TRACT (TO BE KNOWN AS PARCEL 07-1) IN DOCUMENT NO. 2005002939; A 194.824-ACRE TRACT (TRACT A) (TO BE KNOWN AS PARCEL 09-1) AND A 67.418-ACRE TRACT (TRACT B) (TO BE KNOWN AS PARCEL 09-2) IN DOCUMENT NO. 2005007841; PORTIONS OF A 101.697-ACRE TRACT (TRACT 1) AND A 14.054-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 24-1) IN DOCUMENT NO. 1999148757; A 39.462-ACRE TRACT (TO BE KNOWN AS PARCEL 25-1) IN DOCUMENT NO. 2006133198; AND A 33.35-ACRE TRACT (TO BE KNOWN AS PARCEL 26-1) IN DOCUMENT NO. 2005007845; AND BEING MORE PARTICULARLY DESCRIBED IN FIVE (5) TRACTS BY METES AND BOUNDS AS FOLLOWS:

TRACT 1

BEGINNING at a calculated point at the intersection of the north bank of the Colorado River and the east right-of-way line of State Highway No. 130, at the southwest corner of the above-described Parcel 09-1, for the southwest corner and POINT OF BEGINNING of the herein described tract;

THENCE, with the east right-of-way line of said State Highway No. 130, the following seven (7) courses:

1) N08°37'24"W a distance of 537.28 feet to a calculated angle point;

2) N01°34'38"W a distance of 3,468.10 feet to a calculated angle point;

3) N59°15'05"E a distance of 166.15 feet to a calculated angle point;

4) N08°13'09"E a distance of 547.29 feet to a calculated angle point;

5) N52°30'09"W a distance of 138.99 feet to a calculated non-tangent point of curvature of a curve to the right;

6) Along said curve to the right an arc distance of 1,274.92 feet, having a radius of 3,458.72 feet, and a chord which bears N19°25'33"E a distance of 1,267.71 feet to a calculated point of tangency; and

7) N29°59'08"E a distance of 421.69 feet to a calculated point at the northwest corner of said Parcel 09-1;

THENCE, with the north line of said Parcel 09-1, the following three (3) courses:

1) S60°37'51"E a distance of 116.20 feet to a to a calculated point;

2) N29°22'09"E a distance of 83.70 feet to a calculated point; and

3) S60°41'35"E a distance of 416.71 feet to a calculated point on the west line of the above-described Parcel 01-1 at the most northerly northeast corner of said Parcel 09-1;

THENCE, with the west line of said Parcel 01-1, the following five (5) courses:

1) N27°20'56"E a distance of 39.85 feet to a calculated angle point;

2) N49°43'26"E a distance of 65.85 feet to a calculated angle point;

3) N27°21'16"E a distance of 619.40 feet to a calculated point at an inside corner of said Parcel 01-1;

4) N62°38'24"W a distance of 5.00 feet to a calculated point at an outside corner of said Parcel 01-1; and

5) N27°21'36"E a distance of 617.35 feet to a calculated point on the south line of the above-described Parcel 16-1 at the northwest corner of said Parcel 01-1;

THENCE N62°22'51"W a distance of 40.60 feet to a calculated point on the east line of the above-described Parcel 23-1;

THENCE, with the east line of said Parcel 23-1, the following four (4) courses:

1) S27°22'35"W a distance of 618.29 feet to a calculated point for an outside corner of said Parcel 23-1;

2) N62°37'49"W a distance of 5.00 feet to a calculated point for an inside corner of said Parcel 23-1;

3) S27°22'11"W a distance of 618.51 feet to a calculated angle point; and

4) S73°40'29"W a distance of 69.55 feet to a calculated point at the southeast corner of said Parcel 23-1;

THENCE, with the south line of said Parcel 23-1, N60°41'02"W a distance of 339.91 feet to a calculated point on the east right-of-way line of State Highway No. 130 at the southwest corner of said Parcel 23-1;

THENCE, with the east right-of-way line of said State Highway No. 130, the following three (3) courses:

1) N30°02'29"E a distance of 1,101.68 feet to a calculated angle point;

2) N20°27'12"E a distance of 2,012.40 feet to a calculated angle point; and

3) N27°27'12"E a distance of 432.97 feet to a calculated point at the northwest corner of the above-described Parcel 23-3;

THENCE, with the north line of said Parcel 23-3, S62°04'21"E a distance of 608.26 feet to a calculated point on the west line of the above-described Parcel 14-1 at the northeast corner of said Parcel 23-3;

THENCE, with the west line of said Parcel 14-1, N27°45'52"E a distance of 393.68 feet to a calculated point at the northwest corner of said Parcel 14-1, also being the most westerly southwest corner of the above-described Parcel 01-2;

THENCE, with the west line of said Parcel 01-2, N28°07'17"E a distance of 224.92 feet to a calculated point at the southeast corner of the above-described Parcel 24-1;

THENCE, with the south line of said Parcel 24-1, N62°34'20"W a distance of 613.00 feet to a calculated point on the east right-of-way line of said State Highway No. 130 at the southwest corner of said Parcel 24-1;

THENCE, with the east right-of-way line of said State Highway No. 130, the following nine (9) courses:

1) N27°27'12"E a distance of 1,672.04 feet to a calculated angle point;

2) N32°27'12"E a distance of 1,894.71 feet to a calculated angle point;

3) N29°36'58"E a distance of 516.40 feet to a calculated point;

4) S61°16'47"E a distance of 91.29 feet to a calculated point;

5) N33°24'29"E a distance of 576.93 feet to a calculated point;

6) N61°16'47"W a distance of 126.37 feet to a calculated point;

7) N26°30'22"E a distance of 430.28 feet to a calculated point;

8) N61°16'47"W a distance of 56.58 feet to a calculated point; and

9) N27°27'30"E a distance of 956.84 feet to a calculated point at the intersection with the south right-of-way line of FM Highway No. 969, also being the northwest corner of said Parcel 24-1;

THENCE, with the south right-of-way line of said FM Highway No. 969, the following six (6) courses:

1) S64°07'08"E a distance of 395.49 feet to a calculated point;

2) S22°48'20"W a distance of 61.04 feet to a calculated point;

3) S67°11'40"E a distance of 110.00 feet to a calculated point;

4) N22°48'20"E a distance of 60.54 feet to a calculated point;

5) S77°33'00"E a distance of 201.73 feet to a calculated angle point; and

6) S65°03'31"E a distance of 381.97 feet to a calculated point at the northeast corner of the above-described Parcel 08-2;

THENCE, with the east line of said Parcel 08-2, S12°49'01"W a distance of 1,365.75 feet to a calculated point at an inside corner of the above-described Parcel 02-1;

THENCE, with the north line of said Parcel 02-1, S62°34'57"E a distance of 947.19 feet to a calculated point at the most easterly northeast corner of said Parcel 02-1;

THENCE, with the east line of said Parcel 02-1, S27°12'42"W a distance of 1,350.79 feet to a calculated angle point;

THENCE, continuing with the east line of said Parcel 02-1, S27°42'57"W a distance of 1,658.43 feet to a calculated point at the northeast corner of said Parcel 01-2;

THENCE, with the east line of said Parcel 01-2, S27°36'56"W a distance of 1,486.26 feet to a calculated point at an outside corner of said Parcel 01-2 on the north line of the above-described Parcel 04-1;

THENCE, with the north line of said Parcel 04-1, S62°13'13"E a distance of 697.01 feet to a calculated point at the northeast corner of said Parcel 04-1, also being the northwest corner of the above-described Parcel 19-1;

THENCE, with the north line of said Parcel 19-1, S62°14'53"E a distance of 461.49 feet to a calculated point at the southwest corner of the above-described Parcel 10-1;

THENCE, with the west line of said Parcel 10-1, N27°49'54"E a distance of 3,150.15 feet to a calculated point at the northwest corner of said Parcel 10-1;

THENCE, with the north line of said Parcel 10-1, S62°43'06"E a distance of 710.22 feet to a calculated point at the northeast corner of said Parcel 10-1;

THENCE, with the east line of said Parcel 10-1, S27°52'34"W a distance of 3,156.02 feet to a calculated point at the southeast corner of said Parcel 10-1, also being the northwest corner of the above-described Parcel 06-1;

THENCE, with the north line of said Parcel 06-1, S61°04'03"E a distance of 289.04 feet to a calculated point at the northwest corner of the above-described Parcel 12-1;

THENCE, with the north line of said Parcel 12-1, S63°22'55"E a distance of 457.28 feet to a calculated point at the northwest corner of the above-described Parcel 06-2;

THENCE, with the north line of said Parcel 06-2, S64°42'36"E a distance of 378.00 feet to a calculated point at the northwest corner of the above-described Parcel 20-1;

THENCE, with the north line of said Parcel 20-1, S70°09'59"E a distance of 400.67 feet to a calculated point at the northwest corner of the above-described Parcel 02-3;

THENCE, with the north line of said Parcel 02-3, the following three (3) courses:

1) S67°05'07"E a distance of 104.58 feet to a calculated angle point;

2) S53°35'54"E a distance of 105.83 feet to a calculated angle point; and

3) S55°41'48"E a distance of 206.91 feet to a calculated point at the northeast corner of said Parcel 02-3;

THENCE, with the east line of said Parcel 02-3, S28°01'49"W a distance of 899.00 feet to a calculated point on the north bank of the Colorado River at the southeast corner of said Parcel 02-3;

THENCE, with the meanders of the north bank of the Colorado River, the following fifty-nine (59) courses:

1) S78°57'26"W a distance of 265.40 feet to a calculated point;

2) S58°33'04"W a distance of 403.36 feet to a calculated point;

3) S27°53'07"W a distance of 24.17 feet to a calculated point;

4) S73°19'34"W a distance of 179.78 feet to a calculated point;

5) S80°40'33"W a distance of 284.45 feet to a calculated point;

6) N26°28'28"E a distance of 20.96 feet to a calculated point;

7) S75°36'26"W a distance of 293.31 feet to a calculated point;

8) S86°20'34"W a distance of 84.16 feet to a calculated point;

9) S79°42'18"W a distance of 141.79 feet to a calculated point;

10) S27°00'43"W a distance of 26.90 feet to a calculated point;

11) S78°05'41"W a distance of 99.68 feet to a calculated point;

12) S71°38'12"W a distance of 426.53 feet to a calculated point;

13) S58°35'29"W a distance of 276.51 feet to a calculated point;

14) S24°20'35"W a distance of 359.58 feet to a calculated point;

15) S08°24'01"W a distance of 300.61 feet to a calculated point;

16) S07°37'34"E a distance of 185.37 feet to a calculated point;

17) S02°25'49"E a distance of 59.41 feet to a calculated point;

18) S01°21'36"W a distance of 38.60 feet to a calculated point;

19) S08°00'24"E a distance of 41.40 feet to a calculated point;

20) S09°09'36"W a distance of 373.90 feet to a calculated point;

21) S31°59'36"W a distance of 107.30 feet to a calculated point;

22) S18°00'36"W a distance of 293.50 feet to a calculated point;

23) S30°25'36"W a distance of 112.00 feet to a calculated point;

24) S10°51'36"W a distance of 634.90 feet to a calculated point;

25) S02°34'36"W a distance of 30.70 feet to a calculated point;

26) S59°28'24"E a distance of 57.10 feet to a calculated point;

27) S03°40'24"E a distance of 310.40 feet to a calculated point;

28) S16°21'36"W a distance of 278.50 feet to a calculated point;

29) S17°53'36"W a distance of 322.40 feet to a calculated point;

30) S32°29'36"W a distance of 792.30 feet to a calculated point;

31) S18°11'36"W a distance of 184.90 feet to a calculated point;

32) N63°10'34"W a distance of 44.96 feet to a calculated point;

33) S19°04'38"W a distance of 21.49 feet to a calculated point;

34) S27°17'38"W a distance of 190.50 feet to a calculated point;

35) S23°12'38"W a distance of 266.20 feet to a calculated point;

36) S33°52'38"W a distance of 191.10 feet to a calculated point;

37) S61°12'38"W a distance of 280.40 feet to a calculated point;

38) S63°15'38"W a distance of 345.10 feet to a calculated point;

39) S72°35'38"W a distance of 285.20 feet to a calculated point;

40) N85°31'22"W a distance of 165.00 feet to a calculated point;

41) N72°50'22"W a distance of 150.00 feet to a calculated point;

42) N10°15'22"W a distance of 135.80 feet to a calculated point;

43) N04°17'22"W a distance of 37.00 feet to a calculated point;

44) N38°51'22"W a distance of 391.50 feet to a calculated point;

45) N12°14'22"W a distance of 40.00 feet to a calculated point;

46) N07°15'38"E a distance of 183.00 feet to a calculated point;

47) S47°45'38"W a distance of 386.10 feet to a calculated point;

48) S75°54'39"W a distance of 102.43 feet to a calculated point;

49) S71°46'05"W a distance of 154.03 feet to a calculated point;

50) S65°38'42"W a distance of 430.32 feet to a calculated point;

51) S49°58'20"W a distance of 207.45 feet to a calculated point;

52) S47°30'01"W a distance of 581.94 feet to a calculated point;

53) S58°05'16"W a distance of 199.26 feet to a calculated point;

54) S55°02'26"W a distance of 168.25 feet to a calculated point;

55) S66°49'36"W a distance of 424.33 feet to a calculated point;

56) S70°27'05"W a distance of 178.44 feet to a calculated point;

57) S73°49'29"W a distance of 103.82 feet to a calculated point;

58) S85°43'30"W a distance of 78.52 feet to a calculated point; and

59) S78°29'14"W a distance of 59.80 feet to the POINT OF BEGINNING, and containing 1,370 acres of land, more or less.

TRACT 2

BEGINNING at a calculated point at the intersection of the north bank of the Colorado River and the west right-of-way line of State Highway No. 130, at the southeast corner of the above-described Parcel 03-2, for the southeast corner and POINT OF BEGINNING of the herein described tract;

THENCE, with the meanders of the north bank of the Colorado River, the following twenty-two (22) courses:

1) S76°37'38"W a distance of 1.87 feet to a calculated point;

2) S72°53'53"W a distance of 518.11 feet to a calculated point;

3) S75°14'11"W a distance of 517.88 feet to a calculated point;

4) S70°55'05"W a distance of 289.38 feet to a calculated point;

5) S81°58'40"W a distance of 118.79 feet to a calculated point;

6) S63°21'33"W a distance of 277.07 feet to a calculated point;

7) S49°47'25"W a distance of 47.81 feet to a calculated point;

8) S64°43'53"W a distance of 353.97 feet to a calculated point;

9) S62°39'35"W a distance of 626.81 feet to a calculated point;

10) S72°28'38"W a distance of 203.07 feet to a calculated point;

11) S85°12'41"W a distance of 191.20 feet to a calculated point;

12) N89°48'48"W a distance of 82.77 feet to a calculated point;

13) N83°17'50"W a distance of 141.54 feet to a calculated point;

14) N83°16'30"W a distance of 332.35 feet to a calculated point;

15) N72°21'14"W a distance of 159.08 feet to a calculated point;

16) N80°26'48"W a distance of 189.39 feet to a calculated point;

17) N79°57'59"W a distance of 91.38 feet to a calculated point;

18) S85°50'53"W a distance of 69.91 feet to a calculated point;

19) N78°28'45"W a distance of 123.84 feet to a calculated point;

20) N68°18'10"W a distance of 159.21 feet to a calculated point;

21) N80°39'08"W a distance of 135.80 feet to a calculated point; and

22) S78°59'06"W a distance of 43.91 feet to a calculated point at the intersection with the east right-of-way line of FM Highway No. 973, also being the most southerly southwest corner of the above-described Parcel 03-5;

THENCE, with the east right-of-way line of said FM Highway No. 973, N10°21'00"E a distance of 147.12 feet to a calculated point of curvature of a curve to the left;

THENCE, continuing with the east right-of-way line, along said curve to the left an arc distance of 623.12 feet, having a radius of 622.94 feet, and a chord which bears N18°18'22"W a distance of 597.46 feet to a calculated point at the most westerly southwest corner of said Parcel 03-5;

THENCE, with the west line of said Parcel 03-5, N27°38'58"E a distance of 2,173.14 feet to a calculated point at the northwest corner of said Parcel 03-5;

THENCE, with the north line of said Parcel 03-5, S62°35'52"E a distance of 953.15 feet to a calculated point in the west line of the above-described Parcel 03-7 at the northeast corner of said Parcel 03-5;

THENCE, with the west line of said Parcel 03-7, N27°51'48"E a distance of 830.67 feet to a calculated angle point;

THENCE, continuing with the west line of said Parcel 03-7, N27°04'22"E a distance of 660.77 feet to a calculated angle point;

THENCE, with the west line of the above-described Parcel 03-01, N27°16'45"E a distance of 2,498.68 feet to a calculated point at the northwest corner of said Parcel 03-1, also being the southwest corner of the above-described Parcel 28-2;

THENCE, with the west line of said Parcel 28-2, the following five (5) courses:

1) N23°25'44"E a distance of 14.81 feet to a calculated angle point;

2) N27°12'18"E a distance of 110.07 feet to a calculated angle point;

3) N27°08'13"E a distance of 109.97 feet to a calculated angle point;

4) N27°14'30"E a distance of 114.81 feet to a calculated angle point; and

5) N27°12'49"E a distance of 7.53 feet to a calculated point at the southeast corner of the above-described Parcel 27-1;

THENCE, with the south line of said Parcel 27-1, N62°40'24"W a distance of 1,722.95 feet to a calculated point on the east right-of-way line of FM Highway No. 973 at the southwest corner of said Parcel 27-1;

THENCE, with the east right-of-way line of said FM Highway No. 973, N27°14'18"E a distance of 2,115.67 feet to a calculated point at the intersection with the south right-of-way line of Harold Green Road at the northwest corner of said Parcel 27-1;

THENCE, with the south right-of-way line of said Harold Green Road, S62°58'47"E a distance of 1,685.22 feet to a calculated angle point;

THENCE, continuing with the south right-of-way line of said Harold Green Road, S49°54'08"E a distance of 37.29 feet to a calculated point at the intersection with the west right-of-way line of State Highway No. 130 at the northeast corner of said Parcel 27-1;

THENCE, with the west right-of-way line of said State Highway No. 130, the following six (6) courses:

1) S27°10'40"W a distance of 207.10 feet to a calculated point at the northwest corner of said Parcel 28-2;

2) S60°00'52"E a distance of 291.88 feet to a calculated point at the northeast corner of said Parcel 28-2;

3) S29°59'08"W a distance of 908.52 feet to a calculated angle point;

4) S12°44'41"W a distance of 849.11 feet to a calculated angle point;

5) S18°15'23"E a distance of 401.53 feet to a calculated angle point; and

6) S01°34'38"E a distance of 4,793.91 feet to the POINT OF BEGINNING, and containing 446 acres of land, more or less.

TRACT 3

BEGINNING at a calculated point on the west right-of-way line of FM Highway No. 973 at the northeast corner of the above-described Parcel 03-4, for the northeast corner and POINT OF BEGINNING of the herein described tract;

THENCE, with the west right-of-way line of said FM Highway No. 973, S27°14'18"W a distance of 3,646.01 feet to a calculated point at the southeast corner of said Parcel 03-4;

THENCE, with the south line of said Parcel 03-4, N62°56'53"W a distance of 837.14 feet to a calculated point at the southwest corner of said Parcel 03-4;

THENCE, with the west line of said Parcel 03-4, the following three (3) courses:

1) N27°31'25"E a distance of 340.08 feet to a calculated angle point;

2) N27°26'49"E a distance of 1,634.23 feet to a calculated angle point; and

3) N27°36'28"E a distance of 1,688.35 feet to a calculated point at the northwest corner of said Parcel 03-4;

THENCE, with the north line of said Parcel 03-4, S61°47'25"E a distance of 818.72 feet to the POINT OF BEGINNING, and containing 69 acres of land, more or less.

TRACT 4

BEGINNING at a calculated point on the east right-of-way line of FM Highway No. 973 at the northwest corner of the above-described Parcel 11-1, for the most westerly northwest corner and POINT OF BEGINNING of the herein described tract;

THENCE, with the north line of said Parcel 11-1, S62°59'56"E a distance of 1,705.04 feet to a calculated point on the west line of the above-described Parcel 22-1 at the northeast corner of said Parcel 11-1;

THENCE, with the west line of said Parcel 22-1, N27°24'34"E a distance of 854.85 feet to a calculated point on the west right-of-way line of State Highway No. 130 at the northwest corner of said Parcel 22-1;

THENCE, with the west right-of-way line of said State Highway No. 130, the following six (6) courses:

1) S62°02'37"E a distance of 70.21 feet to a calculated point at the northeast corner of said Parcel 22-1;

2) S12°37'58"W a distance of 1,453.45 feet to a calculated point of curvature of a curve to the right;

3) Along said curve to the right an arc distance of 557.08 feet, having a radius of 1813.67 feet, and a chord which bears S22°23'39"W a distance of 554.89 feet to a calculated point of tangency;

4) S31°31'30"W a distance of 319.97 feet to a calculated point at the southeast corner of the above-described Parcel 23-1;

5) N87°37'11"W a distance of 71.61 feet to a calculated angle point; and

6) N62°35'47"W a distance of 400.24 feet to a calculated point at the southwest corner of said Parcel 23-1;

THENCE, with the west lines of Parcels 23-1, 28-1 and 22-1, N27°24'44"E a distance of 1,293.45 feet to a calculated point at the southeast corner of said Parcel 11-1;

THENCE, with the south line of said Parcel 11-1, N62°59'56"W a distance of 1,705.16 feet to a calculated point on the east right-of-way line of said FM Highway No. 973 at the southwest corner of said Parcel 11-1;

THENCE, with the east right-of-way line of said FM Highway No. 973, N26°57'04"E a distance of 160.00 feet to the POINT OF BEGINNING, and containing 24 acres of land, more or less.

TRACT 5

BEGINNING at a 1/2" iron rod found on the east right-of-way line of FM Highway No. 973 at the northwest corner of the above-described Parcel 07-1, for the northwest corner and POINT OF BEGINNING of the herein described tract;

THENCE, with the north line of said Parcel 07-1, S63°23'23"E a distance of 1,720.22 feet to a calculated point at the northeast corner of said Parcel 07-1;

THENCE, with the east line of said Parcel 07-1, a portion of said line also being the west right-of-way line of said State Highway No. 130, S27°27'34"W a distance of 5,047.34 feet to a calculated angle point;

THENCE, continuing with the west right-of-way line of said State Highway No. 130, S27°52'12"W a distance of 588.10 feet to a calculated point at the southeast corner of said Parcel 07-1;

THENCE, with the south line of said Parcel 07-1, N63°23'09"W a distance of 1,723.19 feet to a 1/2" iron rod found with cap marked "Brooks-Baker" on the east right-of-way line of said FM Highway No. 973 at the southwest corner of said Parcel 07-1;

THENCE, with the east right-of-way line of said FM Highway No. 973, the following three (3) courses:

1) N27°00'51"E a distance of 790.98 feet to a calculated angle point;

2) N27°35'51"E a distance of 4,186.86 feet to a calculated angle point; and

3) N27°44'31"E a distance of 657.55 feet to the POINT OF BEGINNING, and containing 223 acres of land, more or less.

The gross area contained within Tracts 1, 2, 3, 4 and 5 totals 2,132 acres of land, more or less.

SECTION 1.03. (a) The legal notice of the intention to introduce this article of this Act, setting forth the general substance of this article of this Act, has been published as provided by law, and the notice and a copy of this article of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and this article of this Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this article of this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

SECTION 1.04. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2017.

ARTICLE 2. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION DISTRICT