Monday, April 1, 2019

THIRTY-SIXTH DAY --- MONDAY, APRIL 1, 2019

The house met at 10:02 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 116).

Present — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Absent, Excused — Lucio.

The invocation was offered by Jeff McCreight, senior pastor, Rock City, Lubbock.

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

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for today because of illness in the family:

Lucio on motion of Hernandez.

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).

CAPITOL PHYSICIAN

The chair recognized Representative T. King who presented Dr. Taylor McCain of Alpine as the "Doctor for the Day."

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

REGULAR ORDER OF BUSINESS SUSPENDED

On motion of Representative Burrows and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of important business in the district:

Sherman on motion of J.E. Johnson.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 14).

FIVE-DAY POSTING RULE SUSPENDED

Representative Leach moved to suspend the five-day posting rule to allow the Committee on Judiciary and Civil Jurisprudence to consider HB 3372 at the continuation of today's public hearing upon adjournment or during bill referral, if permission granted, today in E2.026.

The motion prevailed.

HR 1058 - ADOPTED
(by Blanco)

Representative Blanco moved to suspend all necessary rules to take up and consider at this time HR 1058.

The motion prevailed.

The following resolution was laid before the house:

HR 1058, Recognizing April 1, 2019, as Census Awareness Day in Texas.

HR 1058 was adopted.

FIVE-DAY POSTING RULE SUSPENDED

Representative Coleman moved to suspend the five-day posting rule to allow the Committee on County Affairs to consider HB 1174, HB 2712, HB 2722, HB 2840, and HB 3753 at 9 a.m. Thursday, April 4 in E2.028.

The motion prevailed.

GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING

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

HB 1418 ON SECOND READING
(by Phelan)

HB 1418, A bill to be entitled An Act relating to disease prevention and preparedness information for emergency medical services personnel on certification or recertification.

HB 1418 was passed to engrossment.

CSHB 101 ON SECOND READING
(by Canales, Rose, J. González, Zedler, Murr, et al.)

CSHB 101, A bill to be entitled An Act relating to the creation of the criminal offense of false caller identification information display.

Amendment No. 1

Representative Toth offered the following amendment to CSHB 101:

Amend CSHB 101 (house committee report) on page 1, line 9 by striking ", harass,".

Amendment No. 1 was adopted.

CSHB 101, as amended, was passed to engrossment.

HB 88 ON SECOND READING
(by Swanson)

HB 88, A bill to be entitled An Act relating to the order of candidate names on an election ballot.

HB 88 was passed to engrossment.

HB 303 ON SECOND READING
(by Paul)

HB 303, A bill to be entitled An Act relating to entities eligible to authorize the creation of a spaceport development corporation.

HB 303 was passed to engrossment.

CSHB 374 ON SECOND READING
(by Allen, Bowers, et al.)

CSHB 374, A bill to be entitled An Act relating to meetings or visits between a defendant on community supervision and a supervision officer.

CSHB 374 was passed to engrossment.

CSHB 440 ON SECOND READING
(by Murphy, Leach, and Longoria)

CSHB 440, A bill to be entitled An Act relating to general obligation bonds issued by political subdivisions.

A record vote was requested by Representative Stickland.

CSHB 440 was passed to engrossment by (Record 117): 145 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Canales.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio; Sherman.

Absent — Davis, Y.

HB 678 ON SECOND READING
(by Guillen and M. González)

HB 678, A bill to be entitled An Act relating to the public high school graduation credit requirements for a language other than English.

HB 678 was passed to engrossment.

HB 785 ON SECOND READING
(by Shaheen)

HB 785, A bill to be entitled An Act relating to the execution of a warrant issued for certain individuals who violate a condition of release on parole or to mandatory supervision.

HB 785 was passed to engrossment.

HB 807 ON SECOND READING
(by Larson)

HB 807, A bill to be entitled An Act relating to the state and regional water planning process.

HB 807 was passed to engrossment.

HB 826 ON SECOND READING
(by Zerwas and Coleman)

HB 826, A bill to be entitled An Act relating to the creation of the University of Houston College of Medicine at the University of Houston.

HB 826 was passed to engrossment.

HB 1264 ON SECOND READING
(by S. Thompson, Zerwas, S. Davis, Howard, and J.E. Johnson)

HB 1264, A bill to be entitled An Act relating to pharmacist communications to prescribing practitioners regarding certain dispensed biological products.

HB 1264 was passed to engrossment.

HB 1067 ON SECOND READING
(by Ashby)

HB 1067, A bill to be entitled An Act relating to the omission of a deceased candidate from the ballot in certain elections.

HB 1067 was passed to engrossment.

HB 1588 ON SECOND READING
(by Metcalf)

HB 1588, A bill to be entitled An Act relating to the deadline for certain economic development corporations to file a certain report with the comptroller.

Representative Metcalf moved to postpone consideration of HB 1588 until 10 a.m. Monday, April 8.

The motion prevailed.

CSHB 1849 ON SECOND READING
(by Klick)

CSHB 1849, A bill to be entitled An Act relating to the possession and administration of epinephrine auto-injectors in day-care centers; limiting liability.

Amendment No. 1

Representative Klick offered the following amendment to CSHB 1849:

Amend CSHB 1849 (house committee report) as follows:

(1) On page 2, between lines 21 and 22, insert the following appropriately lettered subsection:

(____) A day-care center shall store an epinephrine auto-injector in a secure location that is easily accessible to employees or volunteers of the day-care center authorized and trained to administer an epinephrine auto-injector.

(2) On page 4, between lines 11 and 12, insert the following appropriately lettered subsection:

(____) The executive commissioner, in consultation with the Department of State Health Services, shall adopt rules necessary to implement this section.

(3) Reletter subsections of added Section 42.067, Human Resources Code, and cross-references to those subsections as necessary.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Ramos offered the following amendment to CSHB 1849:

Amend CSHB 1849 (house committee report) as follows:

(1) On page 5, between lines 12 and 13, insert the following appropriately lettered subsection:

(____) If a day-care center obtains epinephrine auto-injectors for use as authorized by this section, the day-care center shall notify each parent of a child enrolled in the center of the center's policy and procedures relating to the administration of the epinephrine auto-injectors.

(2) Reletter subsections of added Section 42.067, Human Resources Code, and cross-references to those subsections as necessary.

Amendment No. 2 was adopted.

CSHB 1849, as amended, was passed to engrossment.

HB 405 ON SECOND READING
(by Minjarez, Howard, Hinojosa, Ortega, C. Bell, et al.)

HB 405, A bill to be entitled An Act relating to designating June as Neonatal Abstinence Syndrome Awareness Month.

HB 405 was passed to engrossment.

HB 2179 ON SECOND READING
(by Wray)

HB 2179, A bill to be entitled An Act relating to the grounds for imposing certain sanctions on certain persons for engaging in certain conduct in connection with the appointment of members of or the functions of appraisal review boards.

HB 2179 was passed to engrossment.

HB 1385 ON SECOND READING
(by T. King)

HB 1385, A bill to be entitled An Act relating to the regulation of industrialized housing and buildings.

Amendment No. 1

Representative T. King offered the following amendment to HB 1385:

Amend HB 1385 as follows:

(1) On page 2, between lines 6 and 7, insert a new SECTION, appropriately numbered to read as follows:

SECTION ____. Section 1202.003, Occupations Code, is amended by adding Subsection (e) to read as follows:

(e) Notwithstanding Subsection (d), an industrialized building does not include a building or structure in a chemical plant, petrochemical plant, refinery, natural gas plant, natural gas treating plant, pipeline, or oil and gas exploration and production operational setting that:

(1) is limited to persons employed by the owner, operator, or their authorized agents;

(2) has a foundation designed and stamped by a professional engineer;

(3) is verified as code compliant by a third-party professional engineer; and

(4) satisfies any applicable state, municipal, and local safety requirements.

(2) Renumber remaining sections appropriately.

Amendment No. 1 was adopted.

HB 1385, as amended, was passed to engrossment.

HB 2223 ON SECOND READING
(by Frullo)

HB 2223, A bill to be entitled An Act relating to the exemption of certain commercial weighing or measuring devices from registration and inspection requirements.

HB 2223 was passed to engrossment.

HB 2243 ON SECOND READING
(by Oliverson)

HB 2243, A bill to be entitled An Act relating to the use of prescription asthma medicine on public and private school campuses.

HB 2243 was passed to engrossment.

RESOLUTIONS CALENDAR

The chair laid before the house the following resolutions on committee report:

HCR 42
(by Wu)

HCR 42, Designating February 26 as Bone Marrow, Blood, and Organ Donation Registry Day for a 10-year period beginning in 2019.

HCR 42 was adopted by (Record 118): 141 Yeas, 2 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Lucio; Sherman.

Absent — Davis, Y.; Dominguez; Reynolds; Swanson.

STATEMENT OF VOTE

When Record No. 118 was taken, my vote failed to register. I would have voted yes.

Dominguez

HR 23
(by Miller)

HR 23, Expressing support for the strengthening of our partnership with Taiwan and for the expansion of Taiwan's role on the global stage.

HR 23 was adopted.

COMMITTEES GRANTED PERMISSION TO MEET

Representative Moody moved that the house grant permission for all committees and subcommittees to meet while the house is in session, during bill referral today, pursuant to their committee postings or recess motions.

Permission to meet was granted.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Juvenile Justice and Family Issues, 12 p.m. today, 3W.9, for a formal meeting, to consider pending business.

Appropriations, upon adjournment or during bill referral, if permission granted, today, 1W.14, for a formal meeting, to consider referral to subcommittee of bills and resolutions.

Ways and Means, 2 p.m. today, 3W.9, for a formal meeting, to consider pending business.

Pensions, Investments, and Financial Services, upon adjournment or during bill referral, if permission granted, today, 1W.14, for a formal meeting, to consider pending business.

PROVIDING FOR ADJOURNMENT

At 11:19 a.m., Representative Phelan moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 10 a.m. tomorrow.

The motion prevailed.

BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES

RESOLUTIONS REFERRED TO COMMITTEES

CORRECTIONS IN REFERRAL

Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. Pursuant to Rule 1, Section 4, of the House Rules, the chair at this time corrected the referral of measures to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)

(Speaker pro tempore in the chair)

ADJOURNMENT

In accordance with a previous motion, the house, at 11:43 a.m., adjourned until 10 a.m. tomorrow.

ADDENDUM

REFERRED TO COMMITTEES

The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:

List No. 1

HB 4665 (By Leman), Relating to the juvenile board of Fayette County.

To Juvenile Justice and Family Issues.

HB 4666 (By Deshotel), Relating to the modernization of the law governing the Port of Beaumont Navigation District of Jefferson County, Texas.

To Transportation.

HB 4667 (By Hernandez), Relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

To County Affairs.

HB 4668 (By Smith), Relating to the creation of the Howe 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.