SIXTY-THIRD DAY --- FRIDAY, MAY 10, 2019
The house met at 2:33 p.m. and was called to order by the speaker pro tempore.
The roll of the house was called and a quorum was announced present (Record 1257).
Present — Mr. Speaker; 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody(C); Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; 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 — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
LEAVES OF ABSENCE GRANTED
On motion of Representative Morrison and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day.
RULES SUSPENDED
Representative Morrison moved to suspend all necessary rules to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day.
The motion prevailed.
MOTION FOR ONE RECORD VOTE
On motion of Representative Morrison and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
THIRD READING
The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following the bill number).
(Record 1258): 141 Yeas, 0 Nays, 2 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; 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; 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.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
SB 1819
HB 183 (Burns, Cain, Harris, Stickland, Tinderholt, and Toth - no) (135 - 6 - 2)
HB 217 (Anderson, K. Bell, Cain, Capriglione, Dean, Hefner, Lambert, Lang, Middleton, Noble, Oliverson, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (119 - 22 - 2)
HB 970 (Anderson, Cain, Dean, Lang, Middleton, Noble, Schaefer, Shaheen, Tinderholt, Toth, and Zedler - no) (130 - 11 - 2)
HB 1019 (Anderson, Buckley, Cain, Capriglione, Clardy, Dean, Hefner, Krause, Lang, Middleton, Noble, Patterson, Schaefer, Shaheen, Stickland, Swanson, Tinderholt, Toth, Wilson, and Zedler - no) (121 - 20 - 2) (Sanford requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 1090 (Anderson, Capriglione, Dean, Lang, Noble, Schaefer, Shaheen, and Zedler - no) (133 - 8 - 2)
HB 1091 (Lambert and Swanson - no) (139 - 2 - 2)
HB 1120 (Allison, Anderson, K. Bell, Burns, Cain, Capriglione, Cyrier, Dean, Hefner, Holland, Lambert, Landgraf, Lang, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Phelan, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (110 - 31 - 2)
HB 1152 (Anderson, Burns, Cain, Clardy, Cyrier, Dean, Hefner, Holland, Krause, Lambert, Landgraf, Lang, Metcalf, Murr, Noble, Oliverson, Patterson, Phelan, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (112 - 29 - 2)
HB 1174 (Allison, Anderson, K. Bell, Burns, Cain, Capriglione, Cyrier, Dean, Harris, Hefner, Holland, Lambert, Landgraf, Lang, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Phelan, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (109 - 32 - 2)
SB 239 (Wray - no) (140 - 1 - 2)
SB 1739 (Anderson, Dean, Krause, Lang, Noble, Shaheen, Stickland, Swanson, Tinderholt, Toth, Wilson, and Zedler - no) (129 - 12 - 2)
HB 1546 (Cain, Harris, Stickland, and Toth - no) (137 - 4 - 2)
HB 1790 (Anderson, K. Bell, Burns, Cain, Clardy, Cyrier, Darby, Dean, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Lang, Middleton, Murr, Noble, Oliverson, Patterson, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (110 - 31 - 2) (Sanford requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 440 (Stickland - no) (140 - 1 - 2)
SB 755 (Anderson, Cain, Dean, Lang, Middleton, Noble, Shaheen, Stickland, Tinderholt, Toth, and Zedler - no) (130 - 11 - 2)
SB 871 (Allison, Anderson, K. Bell, Cain, Clardy, Dean, Goldman, Harris, Hefner, Holland, Krause, Lang, Middleton, Noble, Shaheen, Tinderholt, Toth, and Zedler - no) (123 - 18 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 1500 (Cain and Toth - no) (139 - 2 - 2)
SB 2245 (Schaefer - no) (140 - 1 - 2)
HB 2059 (Cain, Noble, Patterson, Schaefer, Stickland, Tinderholt, and Toth - no) (134 - 7 - 2)
HB 2209
SB 1258 (Anderson, Capriglione, Dean, Hefner, Lang, Middleton, Noble, Schaefer, Shaheen, Stickland, Tinderholt, Toth, Wilson, and Zedler - no) (127 - 14 - 2)
HB 2403 (Tinderholt - no) (140 - 1 - 2)
SB 746 (Hefner and Wilson - no) (139 - 2 - 2)
HB 2554
SB 1794
HB 2628 (Cain and Toth - no) (139 - 2 - 2)
HB 2640 (Anderson, Button, Cain, Darby, Dean, Lang, Noble, Shaheen, Stickland, Toth, and Zedler - no) (130 - 11 - 2)
SB 1835 (Allison, Anderson, K. Bell, Buckley, Cain, Capriglione, Clardy, Dean, Harris, Hefner, Holland, Lang, Middleton, Noble, Shaheen, Tinderholt, Toth, Wilson, and Zedler - no) (122 - 19 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 2767
HB 3014 (Cain and Toth - no) (139 - 2 - 2)
HB 3021 (Anderson, Cain, Capriglione, Dean, Harris, Lang, Noble, Patterson, Schaefer, Shaheen, Tinderholt, Toth, and Zedler - no) (128 - 13 - 2)
HB 3057 (Button, Cain, Middleton, Stickland, Toth, and Wilson - no) (135 - 6 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 926 (Cain and Toth - no) (139 - 2 - 2)
HB 3145
HB 3152
HB 3222 (Anderson, Cain, Capriglione, Dean, Holland, Lang, Middleton, Noble, Shaheen, Swanson, Tinderholt, Toth, and Zedler - no) (128 - 13 - 2)
HB 3243
SB 1565
HB 3293 (Anderson, Cain, Capriglione, Dean, Lang, Noble, Schaefer, Shaheen, Stickland, Tinderholt, Toth, and Zedler - no) (129 - 12 - 2)
HB 3314 (Anderson, Cain, Capriglione, Dean, Hefner, Lang, Noble, Shaheen, Stickland, Swanson, Tinderholt, Toth, Wilson, and Zedler - no) (127 - 14 - 2)
HB 3316 (Anderson, Cain, Dean, Lang, Noble, Schaefer, Shaheen, Tinderholt, Toth, and Zedler - no) (131 - 10 - 2)
HB 3503
HB 3568 (Anderson, Cain, Capriglione, Dean, Hefner, Lang, Noble, Schaefer, Shaheen, Tinderholt, Toth, Wilson, and Zedler - no) (128 - 13 - 2)
SB 1349 (Anderson, Cain, Capriglione, Dean, Lang, Noble, Shaheen, Toth, and Zedler - no) (132 - 9 - 2)
SB 1234 (Cain, Middleton, Stickland, Tinderholt, and Toth - no) (136 - 5 - 2)
HB 3879 (Harris and Tinderholt - no) (139 - 2 - 2)
HB 3984 (Anderson, Cain, Clardy, Dean, Lambert, Lang, Middleton, Noble, Oliverson, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (121 - 20 - 2)
HB 4067 (Anderson, Cain, Capriglione, Dean, Lang, Noble, Shaheen, Stickland, Toth, and Zedler - no) (131 - 10 - 2)
HB 4086
HB 4129
HB 4130
HB 4158 (Allison, Anderson, K. Bell, Buckley, Burns, Cain, Capriglione, Clardy, Cyrier, Dean, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Lang, Middleton, Murr, Noble, Oliverson, Patterson, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (108 - 33 - 2)
HB 4236 (Anderson, Cain, Capriglione, Dean, Lang, Schaefer, Shaheen, Stickland, Swanson, Toth, and Zedler - no) (130 - 11 - 2)
HB 4245 (Anderson, Capriglione, Dean, Hefner, Lang, Noble, Shaheen, and Zedler - no) (133 - 8 - 2)
HB 4270 (Anderson, Cain, Capriglione, Dean, Hefner, Lang, Middleton, Noble, Schaefer, Shaheen, Swanson, Tinderholt, Toth, Wilson, and Zedler - no) (126 - 15 - 2) (Murphy requested to be recorded voting present, not voting after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4346 (Allison, Anderson, K. Bell, Cain, Clardy, Dean, Harris, Hefner, Holland, Krause, Lang, Middleton, Noble, Schaefer, Shaheen, Tinderholt, Toth, Wilson, and Zedler - no) (122 - 19 - 2) (Sanford requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4372 (Cain, Middleton, Schaefer, Stickland, Tinderholt, Toth, and Wilson - no) (134 - 7 - 2)
HB 4420 (Allison, Anderson, K. Bell, Burns, Cain, Dean, Harris, Hefner, Holland, Lambert, Landgraf, Lang, Murr, Noble, Oliverson, Shaheen, Shine, Stickland, Stucky, Swanson, Toth, Wilson, Wray, and Zedler - no) (117 - 24 - 2)
HB 4462 (Anderson, Cain, Capriglione, Clardy, Dean, Harris, Lang, Noble, Schaefer, Shaheen, Stickland, Tinderholt, Toth, and Zedler - no) (127 - 14 - 2)
HB 4468 (Anderson, Cain, Dean, Harris, Hefner, Krause, Lang, Noble, Schaefer, Shaheen, Tinderholt, Toth, Wilson, and Zedler - no) (128 - 13 - 2)
HB 4568 (Cain, Krause, and Toth - no) (138 - 3 - 2)
HB 4606 (Anderson, Clardy, Dean, Harris, Lang, Noble, Shaheen, Tinderholt, and Zedler - no) (132 - 9 - 2)
HB 4668 (Allison, Anderson, K. Bell, Cain, Capriglione, Clardy, Dean, Goldman, Harris, Hefner, Holland, Krause, Lang, Middleton, Noble, Patterson, Shaheen, Tinderholt, Toth, and Zedler - no) (121 - 20 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4689 (Allison, Anderson, K. Bell, Cain, Capriglione, Clardy, Dean, Goldman, Harris, Hefner, Holland, Krause, Lang, Middleton, Noble, Patterson, Shaheen, Tinderholt, Toth, and Zedler - no) (121 - 20 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4693 (Allison, Anderson, K. Bell, Cain, Capriglione, Clardy, Dean, Harris, Hefner, Holland, Lang, Middleton, Noble, Patterson, Shaheen, Tinderholt, Toth, Wilson, and Zedler - no) (122 - 19 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
SB 2504 (Allison, Anderson, K. Bell, Cain, Capriglione, Clardy, Dean, Goldman, Harris, Hefner, Holland, Krause, Lang, Middleton, Noble, Patterson, Shaheen, Tinderholt, Toth, Wilson, and Zedler - no) (120 - 21 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4715
HB 4734 (Allison, Anderson, K. Bell, Cain, Clardy, Dean, Goldman, Harris, Hefner, Holland, Krause, Lang, Middleton, Noble, Patterson, Shaheen, Tinderholt, Toth, Wilson, and Zedler - no) (121 - 20 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4741 (Allison, Anderson, K. Bell, Cain, Capriglione, Clardy, Dean, Goldman, Harris, Hefner, Holland, Krause, Lang, Middleton, Noble, Patterson, Shaheen, Tinderholt, Toth, and Zedler - no) (121 - 20 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4747 (Cain, Harris, Middleton, Stickland, and Toth - no) (136 - 5 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4748 (Allison, Anderson, K. Bell, Cain, Capriglione, Clardy, Dean, Harris, Holland, Lang, Middleton, Noble, Patterson, Schaefer, Shaheen, Tinderholt, Toth, and Zedler - no) (123 - 18 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4749 (Allison, Anderson, K. Bell, Cain, Capriglione, Dean, Goldman, Harris, Holland, Krause, Lang, Middleton, Noble, Patterson, Shaheen, Tinderholt, Toth, and Zedler - no) (123 - 18 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4753 (Allison, Anderson, K. Bell, Buckley, Burns, Cain, Capriglione, Clardy, Cyrier, Dean, Harris, Hefner, Holland, Krause, Lambert, Landgraf, Lang, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Phelan, Schaefer, Shaheen, Shine, Stickland, Stucky, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (106 - 35 - 2)
HB 4754 (Buckley, Cain, Clardy, Harris, Metcalf, Phelan, Stickland, and Toth - no) (133 - 8 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)
HB 4762 (Cain, Noble, and Toth - no) (138 - 3 - 2)
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Morrison and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 20).
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 3193 ON THIRD READING
(by Hinojosa, Raymond, Muñoz, and Guillen)
HB 3193, A bill to be entitled An Act relating to the licensing of a home and community support services agency; increasing fees.
HB 3193 was passed by (Record 1259): 137 Yeas, 0 Nays, 2 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; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, S.; Davis, Y.; Dean; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; 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.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Darby; Deshotel; Leman; Raney.
STATEMENTS OF VOTE
When Record No. 1259 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
When Record No. 1259 was taken, I was in the house but away from my desk. I would have voted yes.
Leman
HB 2020 ON THIRD READING
(by Kacal and Harris)
HB 2020, A bill to be entitled An Act relating to the release of defendants on bail.
Representative Kacal moved to postpone consideration of HB 2020 until 3:15 p.m. today.
The motion prevailed.
(Speaker in the chair)
HB 3303 ON THIRD READING
(by Bowers)
HB 3303, A bill to be entitled An Act relating to certain procedures involving a violation of a condition of community supervision committed by a defendant who is the sole caretaker of a child.
HB 3303 was passed by (Record 1260): 105 Yeas, 33 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Kuempel; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Oliverson; Ortega; Pacheco; Paddie; Parker; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.
Nays — Ashby; Bell, K.; Bohac; Bonnen; Cain; Capriglione; Clardy; Cyrier; Goldman; Harris; Hefner; Holland; Hunter; King, P.; Klick; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Murr; Noble; Patterson; Paul; Schaefer; Shaheen; Smith; Thompson, E.; Wilson; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Anderson; Canales; Davis, S.; Deshotel.
STATEMENTS OF VOTE
When Record No. 1260 was taken, I was in the house but away from my desk. I would have voted no.
Anderson
When Record No. 1260 was taken, I was shown voting yes. I intended to vote no.
Buckley
When Record No. 1260 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1260 was taken, I was shown voting yes. I intended to vote no.
Flynn
When Record No. 1260 was taken, I was shown voting yes. I intended to vote no.
Parker
When Record No. 1260 was taken, I was shown voting yes. I intended to vote no.
Phelan
When Record No. 1260 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
HB 3284 ON THIRD READING
(by Sheffield, Price, Burns, Howard, and Stucky)
HB 3284, A bill to be entitled An Act relating to prescribing and dispensing controlled substances and monitoring the prescribing and dispensing of controlled substances under the Texas Controlled Substances Act; providing for administrative penalties.
HB 3284 was passed by (Record 1261): 136 Yeas, 3 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.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Schaefer; Stickland.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Klick; Pacheco; Toth.
HB 3285 ON THIRD READING
(by Sheffield, Zerwas, Price, Moody, and Klick)
HB 3285, A bill to be entitled An Act relating to programs and initiatives to prevent and respond to opioid addiction, misuse, abuse, and overdose and identify and treat co-occurring substance use disorders and mental illness.
HB 3285 was passed by (Record 1262): 119 Yeas, 18 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; 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; Hernandez; Herrero; Hinojosa; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Kuempel; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.
Nays — Biedermann; Harris; Hefner; Holland; Krause; Lang; Leman; Middleton; Patterson; Schaefer; Shaheen; Shine; Stickland; Swanson; Tinderholt; Toth; White; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Cain; Klick; Pacheco; Raney; Wilson.
STATEMENT OF VOTE
When Record No. 1262 was taken, I was in the house but away from my desk. I would have voted no.
Wilson
HB 769 ON THIRD READING
(by S. Davis, K. Bell, and Calanni)
HB 769, A bill to be entitled An Act relating to the termination of the contract of a superintendent of a school district based on malfeasance.
Amendment No. 1
Representative Murphy offered the following amendment to HB 769:
Amend HB 769 on third reading by striking the added SECTIONS of Amendment No. 2 by Calanni as follows:
(1) the SECTION amending Section 11.201(c), Education Code;
(2) the SECTION adding Section 12.104(b-4), Education Code; and
(3) the SECTION adding transition language regarding amended Section 11.201(c), Education Code, and added Section 12.104(b-4), Education Code.
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE MURPHY: Yesterday, we had an amendment on this bill that really hurt the bill, and today, this amendment would remove that amendment from this. I move for adoption.
REPRESENTATIVE CALANNI: Representative Murphy, why are we taking this amendment off?
MURPHY: Well, because it really hurts the bill in the sense that we wanted to make sure that a superintendent who was dismissed for cause would not receive compensation. That amendment that was added yesterday makes it very ambiguous, and we don't want to see those people get their severance pay if they're dismissed for cause. That's the purpose of taking the bill back to its original purpose. And just for members to know, this was a Sarah Davis bill that we had yesterday.
CALANNI: Representative Murphy, were you aware that that exact language was passed 27 to 4 out of the senate?
MURPHY: We are always enthusiastic about senate ideas in the house, but in this case we want to keep this bill the way it is.
CALANNI: Representative Murphy, were you aware that Texas paid out $18.5 million in superintendant severance packages from 2013 to 2017?
MURPHY: I think that's the very reason that Representative Davis brought this bill to stop that practice and to make sure that people dismissed for cause would not receive severance pay.
CALANNI: Representative Murphy, were you aware that in January 2017, Garland ISD paid out $686,000 in a severance package that was double the annual base salary of the superintendent?
MURPHY: I think the point of the bill is to make sure those things don't happen. And I think the amendment that we're seeking to remove––and we're talking here on the amendment, I think––is to say that this amendment makes it ambiguous and defeats the purpose for which the bill has been produced.
CALANNI: Representative Murphy, were you aware that in 2017, Johnson City ISD paid out $256,000, which was double the base salary, in a superintendent severance package while the district was struggling with an almost $1 million deficit?
MURPHY: I just want to go ahead and stipulate to the payments that you're going to continue asking about. Those payments are the reason we have this bill. And that amendment makes it hard to stop those payments from being made, which is why we're going to ask the members to remove this amendment and take this bill back to its original purpose which is to make sure that people dismissed for cause do not receive severance pay. It's a very simple bill. And with that, I move for adoption.
REPRESENTATIVE HUBERTY: Members, I would like you to pay attention to this. I appreciate what Ms. Calanni is suggesting. I'm going to give you the process that happened here. There were many bills that came through our committee that dealt with superintendents and malfeasance. We took a lot of testimony, as my colleagues––who are standing behind me––on the Public Education Committee know. Ms. Calanni had a bill that I asked her, when it came up, to amend. I asked her to work with TASB. She tried to. It didn't work out, and I said this bill that we ended up passing is Ms. Davis' bill. Ms. Davis has in the bill––if you read it, it deals with malfeasance. It deals with the exact problem that Ms. Calanni is trying to address. She had a superintendent in her district that for a very particular reason they're trying to deal with, and while I don't disagree that we have school boards that are awarding long-term severance contracts, what she was doing would create a problem for your superintendent. If they were to be hired, and let's say there was a board election and they just decided for some reason they didn't want that superintendent anymore, they could null and void their contract. There were problems with that, so we adopted Ms. Davis' bill.
I told this to Ms. Calanni. I told her that I did not pass her bill––we did not pass her bill––the committee did not pass her bill out of the committee for that exact reason. And as the chairman of a committee, for those of you who know, I am very fair in this process, and we look at policy not politics. And so as a result, when I found out this amendment got on, I went to Ms. Calanni. I said, "You need to take that amendment off tomorrow." She disagreed. So members, I'm asking you. Right now, the policy that we have is the policy we adopted out of the Public Education Committee, that all of the members voted for out of the Public Education Committee. We are passing a bill that we agreed as a committee that Ms. Davis had the best policy for public education. And let me tell you something else, her bill that was adopted is conflicting because it's in the same Education Code. And so what it says is at the top it tells you to do one thing, and then you go down to the next code and it tells you to do something completely different. So it's conflicting legislation. That is bad public policy. So members, I'm asking you to adopt this amendment on third reading, and then we will pass this bill, because this is good public policy.
CALANNI: I am in opposition to this. We did lay it out, and I thank you, Chairman Huberty, for allowing us to lay it out in committee. The senate companion piece was by Senator Campbell, and that passed in the senate 27 to 4 with this exact same language. In other states, two of the four largest states in our country have passed similar legislation, and two of them have limited the severance package to 20 weeks. This one limits it to one year. We all know that we came here for school finance reform. We came here because our schools are struggling. And by allowing superintendent severance packages to go out, that's money that could be going to our school districts for the kids and for the teachers, and that's taxpayer money. If you have a private sector situation where you want to pay out severance packages to the private sector, by all means you are fully entitled to do that. But taxpayer money should not be going out in these large golden parachutes to superintendents. That money belongs with our kids, it belongs with the teachers, and it belongs to the school district. It should not go out to superintendents. So I urge you, I urge you, to vote to keep the amendment on, which again, was passed 27 to 4 in the senate––27 to 4. So please keep the amendment on. Let's save our taxpayer money. Let's make sure our school districts are getting the money that they're supposed to have. When we have taxes come out of our property taxes, that money is for the schools. It's not to award superintendents that decide they don't want to be there anymore. If you don't want to do the job, that's fine. You don't get to take taxpayer money with you. I urge you to keep the amendment.
MURPHY: Members, I don't want you to be confused. I'm afraid that may be occurring here. The purpose of this bill by Representative Davis was to stop the very practice that Representative Calanni rails about here in front of you, which is superintendents being paid large severance packages after they're fired. That's not what we want to support, and that's why Representative Davis brought this bill forward. It's why Representative Huberty and the Public Education Committee chose that policy. That policy, if you remove this amendment, will be left intact, and we will be able to stop this practice where people are dismissed for cause and get a severance package. Now, if you keep this amendment on there, you're going to have a confusing bit of legislation that ensures the TEA has no idea what to do and that people, in fact, be rewarded for bad behavior because we didn't pay attention and we passed a bad amendment on second reading and failed to remove it on third reading. It's a lot to ask to remove an amendment on third reading. I recognize that. But at the same time, we don't want bad bills––which is what this is––added to a good bill, particularly at this stage of the session when we have a chance to finish this and do it right and get a good bill over to the senate. With that, members, I'm going to ask for your support for the amendment, and I'd be happy to yield for questions.
REPRESENTATIVE GOODWIN: So I guess there's a lot of confusion.
MURPHY: Absolutely.
GOODWIN: Can you please tell us exactly what the original bill does? And you're asking to remove an amendment that you're saying conflicts with the original bill?
MURPHY: It does. It introduces a new section of the code, so it points to two different places in the code. And it doesn't change anything fundamental about the bill in terms of people being paid or not being paid––under the bill as filed––severance packages when they're fired for cause. And that's what we're trying to fix. Representative Davis told us––and I'm sorry she's not here today––that the amendment she took yesterday she realized was a mistake. We've all seen this, right? Something sounds good, and it kind of seems in the spirit of what you're trying to do. You say, okay, I want to help out my colleagues. Let's all get along––except for certain people, I recognize that. But we want to make sure we get good legislation. And the spirit with which Representative Davis took on that amendment was the kind of thing I applaud. I'm glad we had it, but it was a mistake. It's bad for the bill, and it's bad policy.
GOODWIN: So does her bill keep us from paying superintendents who have been let go or fired a severance package?
MURPHY: Yes.
GOODWIN: And that's––
MURPHY: I mean, "yes" is a pretty clear answer, right?
GOODWIN: I'm getting conflicting messages. All right, thank you.
REPRESENTATIVE WU: Mr. Murphy, let me see if I can make sure I understand this. The original bill as Ms. Davis filed it would only stop severance packages if the principal was fired for cause, correct?
MURPHY: It applies to superintendents.
WU: Or superintendents.
MURPHY: Representative Wu, for cause if they engage in criminal or unethical conduct.
WU: And if the principal leaves on their own––they find a better job; they decide, you know what, I don't feel like doing this anymore or I don't want to answer these allegations that I've been bullying people––if they just leave on their own without being fired, they still get their severance package?
MURPHY: Someone who leaves voluntarily leaves their employment.
WU: So let's be absolutely clear about this. Under the original bill that's not amended, if they are fired for cause, they don't get it. But if they are leaving on their own, they will still get their package.
MURPHY: I think it's fair to say, Representative Wu, that people leave employment all the time.
WU: I'm sorry?
MURPHY: People leave employment all the time for various reasons.
WU: And so the decision now is deciding not whether they would lose their severance package if they got fired for cause but whether they would lose it if they just left on their own for whatever reason without getting fired.
MURPHY: Well, under current law TEA penalizes school districts that pay more than one year's salary with a severance tax. So there's already a penalty for that behavior.
REPRESENTATIVE MEZA: What I need clarified is––in my notes it says that there was a concern about the original bill, that the language as written was vague. There were concerns about the definition of malfeasance and the power the commissioner is given in the bill that takes away local control from school boards. But then my notes also say that the bill author intended to eliminate those concerns by offering an agreed-upon floor amendment. So is the floor amendment here a different amendment from the amendment that you're speaking to?
MURPHY: Representative Meza, great question, thank you. Representative Davis did adopt––well, we adopted––one amendment already on this bill. This is a second amendment.
MEZA: And so Davis' amendment addressed the concern about the vagueness of the term "malfeasance"?
MURPHY: That was the first amendment. Yes, ma'am.
MEZA: And so that one is not the amendment we're talking about today?
MURPHY: No, ma'am. This is the Calanni amendment.
HUBERTY: Mr. Murphy, thank you. I know Representative Davis had bad weather back in Houston, and she had to head home for some things. Ms. Davis and you and I spoke about this last night when she realized that when she took this amendment, she said as the bill author that she took it as acceptable to the author. Is that not correct?
MURPHY: That's correct. It was never really vetted.
HUBERTY: Right. And in addition to that, when she realized the amendment got onto the bill, I went and talked to her. And you're aware of that, are you not?
MURPHY: Oh, I am. In fact, I witnessed some of this.
HUBERTY: And you're also aware that Ms. Davis actually drafted the amendment to take it off of the bill. Is that not correct?
MURPHY: That's correct. That's how we have it.
HUBERTY: And you are aware that––and you and I are deskmates so we've talked about this––for public policy purposes, there's two different parts of the bill. They do two different things in the bill. In fact, I don't know if an author––it's not me––but I didn't know if the author could stand up there and call a point of order on their own bill. They can. The parliamentarian said I could. I don't want to do that. I don't want us to take this bill down, because I think it's good policy that we're creating to create malfeasance, criminal intent. Those are the things that we're trying to get at the superintendents, right? Is that not right?
MURPHY: I've got to say, Representative Huberty, I'm sort of surprised that we're about to stumble across the goal line and fumble at the same time.
HUBERTY: And Representative, you're aware, because I've told you this, that Ms. Calanni, when she came to our committee, and I did have multiple conversations. And the committee––some of my committee members are standing there and ones right here––we all discussed this. And we said, "We want to do something about this. We recognize it's a problem, but if you want to do this, you need to change your bill in this way." But at the end of the day, there were multiple bills dealing with superintendents, and we chose to pick one policy because that's what you have to do. You have to pick one policy to deal with an issue in the public Education Code. Is that not correct?
MURPHY: We as chairmen always have to decide what's the best vehicle to address these problems and shepherd it through.
HUBERTY: So help me just a little bit. I'm just a little bit at a loss. So the Public Education Committee––which vets good public policy and passed many bills, republican and democrat––chose what we thought to be a good policy with the right author. The author realizes she made a mistake in taking this amendment and now wants that amendment off her bill. But she's also said that if that didn't happen, she's willing to postpone the bill or kill the bill or just get rid of the policy.
MURPHY: Yes, and I think here we have a situation here where we have the perfect being the enemy of the good––or the perceived perfect. This amendment makes the bill ineffective, inoperable. And all the issues that you and your committee spent months on addressing and considering many, many vehicles to address are now going to be left unaddressed for another two years while the situation continues to occur throughout Texas.
HUBERTY: Yes. And while I'm not disputing the fact––and you're going to probably get questions from other members that are going to talk about, you know, a superintendent in some school district that did this and that and the other––we're not picking on one superintendent. What we're doing is we're creating a policy that's going to drive this as we go forward.
MURPHY: Well, and that very history that people bring up is the reason for which the bill exists. And it just emphasizes to me we need to get this amendment off and get this bill passed.
HUBERTY: Absolutely. And you know, in visiting with the parliamentarians, they said the bill got so screwed up by putting these two things together because it does two different things and you can't do that in the same Education Code. Thank you.
A record vote was requested by Representative Calanni.
Amendment No. 1 was adopted by (Record 1263): 94 Yeas, 44 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lozano; Martinez Fischer; Metcalf; Meyer; Miller; Moody; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Rose; Rosenthal; Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas.
Nays — Bowers; Bucy; Calanni; Canales; Cole; Coleman; Collier; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Johnson, J.E.; Lopez; Lucio; Martinez; Meza; Middleton; Minjarez; Morales; Muñoz; Neave; Ortega; Ramos; Raymond; Reynolds; Romero; Sherman; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Beckley; Israel; Pacheco; Rodriguez.
STATEMENT OF VOTE
When Record No. 1263 was taken, I was shown voting yes. I intended to vote no.
Cortez
HB 769, as amended, was passed by (Record 1264): 140 Yeas, 0 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; 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Gutierrez; Pacheco.
HB 737 ON THIRD READING
(by Cortez and Ramos)
HB 737, A bill to be entitled An Act relating to the issuance of specialty license plates for classroom teachers and retired classroom teachers; imposing a fee.
HB 737 was passed by (Record 1265): 131 Yeas, 9 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; 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Cain; Capriglione; Middleton; Patterson; Schaefer; Stickland; Swanson; Toth; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Pacheco; Walle.
STATEMENTS OF VOTE
When Record No. 1265 was taken, I was shown voting yes. I intended to vote no.
Flynn
When Record No. 1265 was taken, I was shown voting no. I intended to vote yes.
Patterson
When Record No. 1265 was taken, I was shown voting no. I intended to vote yes.
Swanson
When Record No. 1265 was taken, I was shown voting no. I intended to vote yes.
Toth
REMARKS ORDERED PRINTED
Representative Cole moved to print all remarks on HB 769.
The motion prevailed.
HB 2205 ON THIRD READING
(by Clardy)
HB 2205, A bill to be entitled An Act relating to the informal dispute resolution process for certain disputes between the Health and Human Services Commission and long-term care facilities.
HB 2205 was passed by (Record 1266): 140 Yeas, 0 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; Canales; Capriglione; Clardy; Cole; 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Coleman; Thompson, S.
HB 3088 ON THIRD READING
(by Martinez)
HB 3088, A bill to be entitled An Act relating to an exemption for certain purchasing personnel of the Texas Department of Transportation from training on state purchasing.
HB 3088 was passed by (Record 1267): 112 Yeas, 30 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Klick; Kuempel; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.
Nays — Bell, C.; Bonnen; Burrows; Cain; Capriglione; Dean; Flynn; Goldman; Harris; Hefner; Holland; King, P.; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Murr; Patterson; Ramos; Schaefer; Shaheen; Springer; Stickland; Swanson; Tinderholt; White; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
STATEMENT OF VOTE
When Record No. 1267 was taken, I was shown voting yes. I intended to vote no.
Phelan
HB 62 ON THIRD READING
(by Zerwas, Reynolds, Miller, Stephenson, and Bailes)
HB 62, A bill to be entitled An Act relating to certain meetings of a commissioners court during a disaster or emergency.
HB 62 was passed by (Record 1268): 134 Yeas, 7 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; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Holland; Middleton; Ramos; Schaefer; Shaheen; Toth; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Farrar.
STATEMENTS OF VOTE
When Record No. 1268 was taken, I was shown voting yes. I intended to vote no.
Capriglione
When Record No. 1268 was taken, I was shown voting no. I intended to vote yes.
Holland
When Record No. 1268 was taken, I was shown voting no. I intended to vote yes.
Middleton
HB 4493 ON THIRD READING
(by Deshotel)
HB 4493, A bill to be entitled An Act relating to supplemental environmental projects authorized by the Texas Commission on Environmental Quality.
HB 4493 was passed by (Record 1269): 93 Yeas, 46 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Ashby; Bailes; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bowers; Bucy; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Klick; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Pacheco; Paddie; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zerwas; Zwiener.
Nays — Anderson; Bell, K.; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Craddick; Cyrier; Dean; Goldman; Harris; Hefner; Holland; Hunter; King, P.; Krause; Kuempel; Landgraf; Lang; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Parker; Patterson; Paul; Price; Schaefer; Shaheen; Smith; Smithee; Springer; Stickland; Stucky; Swanson; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler.
Present, not voting — Mr. Speaker(C); Lambert.
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Beckley; Herrero.
STATEMENTS OF VOTE
When Record No. 1269 was taken, I was shown voting yes. I intended to vote no.
C. Bell
When Record No. 1269 was taken, I was shown voting yes. I intended to vote no.
Phelan
HB 2987 ON THIRD READING
(by Ramos)
HB 2987, A bill to be entitled An Act relating to requiring the posting of certain information on an open-enrollment charter school's Internet website regarding the school's governing body.
HB 2987 was passed by (Record 1270): 101 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Ashby; Bailes; Bell, K.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Klick; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Sherman; Shine; Smith; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zerwas; Zwiener.
Nays — Anderson; Bell, C.; Biedermann; Bonnen; Cain; Capriglione; Cyrier; Dominguez; Flynn; Frank; Goldman; Harris; Holland; King, P.; Krause; Kuempel; Landgraf; Lang; Leach; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Patterson; Paul; Phelan; Schaefer; Shaheen; Smithee; Springer; Stephenson; Tinderholt; Toth; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Beckley; Parker; Rosenthal.
STATEMENTS OF VOTE
When Record No. 1270 was taken, I was shown voting yes. I intended to vote no.
Darby
When Record No. 1270 was taken, I was in the house but away from my desk. I would have voted no.
Parker
When Record No. 1270 was taken, my vote failed to register. I would have voted yes.
Rosenthal
When Record No. 1270 was taken, I was shown voting yes. I intended to vote no.
Swanson
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Beckley on motion of Ramos.
GENERAL STATE CALENDAR
(consideration continued)
HB 981 ON THIRD READING
(by Parker, et al.)
HB 981, A bill to be entitled An Act relating to the offense of money laundering.
HB 981 was passed by (Record 1271): 138 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Stickland; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
STATEMENT OF VOTE
When Record No. 1271 was taken, I was shown voting no. I intended to vote yes.
Wilson
HB 798 ON THIRD READING
(by Walle, S. Thompson, and Collier)
HB 798, A bill to be entitled An Act relating to plot plan requirements for an application for a standard permit for a concrete batch plant issued by the Texas Commission on Environmental Quality.
HB 798 was passed by (Record 1272): 92 Yeas, 47 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Bucy; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frullo; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Ortega; Pacheco; Parker; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Springer; Stephenson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zedler; Zerwas; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bonnen; Buckley; Burns; Cain; Cyrier; Darby; Dean; Flynn; Frank; Geren; Goldman; Harris; Hefner; Hunter; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Noble; Oliverson; Paddie; Patterson; Paul; Phelan; Price; Schaefer; Shaheen; Shine; Smith; Smithee; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; Wray.
Present, not voting — Mr. Speaker(C); Wilson.
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Cole.
STATEMENTS OF VOTE
When Record No. 1272 was taken, I was shown voting yes. I intended to vote no.
Craddick
When Record No. 1272 was taken, I was shown voting yes. I intended to vote no.
Parker
When Record No. 1272 was taken, I was shown voting present, not voting. I intended to vote yes.
Wilson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 2020 ON THIRD READING
(by Kacal and Harris)
HB 2020, A bill to be entitled An Act relating to the release of defendants on bail.
HB 2020 was read third time earlier today and was postponed until this time.
Amendment No. 1
Representative Collier offered the following amendment to HB 2020:
Amend HB 2020 (second reading engrossment) on third reading by striking SECTIONS 4 and 5 of the bill and renumbering subsequent SECTIONS of the bill accordingly.
Amendment No. 1 was adopted.
HB 2020, as amended, was passed by (Record 1273): 83 Yeas, 51 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bohac; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Calanni; Canales; Clardy; Coleman; Collier; Cyrier; Darby; Davis, Y.; Deshotel; Dominguez; Farrar; Frank; Frullo; Goldman; González, M.; Harris; Hefner; Hernandez; Herrero; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Klick; Lambert; Larson; Leach; Leman; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Moody; Morrison; Noble; Oliverson; Paddie; Paul; Phelan; Raney; Rodriguez; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; VanDeaver; Walle; Wilson; Wray; Zerwas.
Nays — Anchia; Bernal; Biedermann; Blanco; Bucy; Cain; Capriglione; Cole; Cortez; Craddick; Dutton; Fierro; Flynn; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Gutierrez; Hinojosa; King, P.; Kuempel; Landgraf; Lang; Lozano; Minjarez; Morales; Muñoz; Murphy; Neave; Ortega; Pacheco; Parker; Patterson; Perez; Price; Ramos; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Stickland; Swanson; Tinderholt; Toth; Vo; Wu; Zedler; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Davis, S.; Dean; Geren; Krause; Murr; Turner, J.; White.
STATEMENTS OF VOTE
When Record No. 1273 was taken, I was shown voting no. I intended to vote yes.
Biedermann
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Canales
When Record No. 1273 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1273 was taken, I was in the house but away from my desk. I would have voted yes.
Dean
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
M. González
When Record No. 1273 was taken, I was shown voting no. I intended to vote yes.
Hinojosa
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Israel
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
J.E. Johnson
When Record No. 1273 was taken, I was in the house but away from my desk. I would have voted yes.
Krause
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Lopez
When Record No. 1273 was taken, I was shown voting yes. I intended to vote no.
Martinez Fischer
When Record No. 1273 was taken, my vote failed to register. I would have voted yes.
Murr
When Record No. 1273 was taken, my vote failed to register. I would have voted yes.
J. Turner
When Record No. 1273 was taken, I was in the house but away from my desk. I would have voted yes.
White
GENERAL STATE CALENDAR
(consideration continued)
HB 1761 ON THIRD READING
(by Coleman, S. Thompson, and Collier)
HB 1761, A bill to be entitled An Act relating to credit toward a defendant's sentence for time confined in jail or prison before sentencing.
HB 1761 was passed by (Record 1274): 84 Yeas, 51 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Bailes; Bernal; Blanco; Bowers; Bucy; Burrows; Button; Canales; Clardy; Cole; Coleman; Collier; Cortez; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frullo; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Kuempel; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Noble; Ortega; Pacheco; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Smithee; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zedler; Zerwas; Zwiener.
Nays — Anderson; Ashby; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Cain; Capriglione; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Geren; Goldman; Harris; Hefner; Holland; Hunter; King, P.; Klick; Krause; Lambert; Landgraf; Lang; Larson; Leman; Metcalf; Middleton; Miller; Murr; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Shaheen; Shine; Smith; Springer; Swanson; Thompson, E.; Tinderholt; Wilson; Wray.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Calanni; González, M.; Meza; Perez; Schaefer; White.
STATEMENTS OF VOTE
When Record No. 1274 was taken, I was shown voting yes. I intended to vote no.
Bailes
When Record No. 1274 was taken, I was shown voting no. I intended to vote yes.
Biedermann
When Record No. 1274 was taken, my vote failed to register. I would have voted no.
Schaefer
When Record No. 1274 was taken, I was shown voting yes. I intended to vote no.
Stucky
When Record No. 1274 was taken, I was in the house but away from my desk. I would have voted yes.
White
HB 1185 ON THIRD READING
(by Cyrier)
HB 1185, A bill to be entitled An Act relating to limitations on adjudication awards arising from certain written contracts with state agencies.
HB 1185 was passed by (Record 1275): 122 Yeas, 13 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas; Zwiener.
Nays — Anchia; Dutton; Hernandez; Israel; Lucio; Ortega; Pacheco; Ramos; Rose; Rosenthal; Turner, C.; Vo; Wu.
Present, not voting — Mr. Speaker(C); Capriglione.
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Bernal; Blanco; Hinojosa; Longoria; Meza.
HB 4428 ON THIRD READING
(by Tinderholt)
HB 4428, A bill to be entitled An Act relating to the application for and expiration of a license to carry a handgun.
HB 4428 was passed by (Record 1276): 112 Yeas, 25 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, M.; Guerra; Guillen; Gutierrez; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miller; Minjarez; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Rodriguez; Romero; Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wilson; Wray; Zedler; Zerwas.
Nays — Anchia; Bowers; Cole; Davis, Y.; Deshotel; Dominguez; González, J.; Goodwin; Harris; Hernandez; Hinojosa; Israel; Middleton; Morales; Ortega; Ramos; Reynolds; Rose; Rosenthal; Sherman; Stickland; Thierry; Thompson, S.; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Farrar; Meza; Moody; Walle.
STATEMENTS OF VOTE
When Record No. 1276 was taken, I was shown voting no. I intended to vote yes.
Harris
When Record No. 1276 was taken, I was shown voting no. I intended to vote yes.
Middleton
When Record No. 1276 was taken, I was shown voting yes. I intended to vote no.
Neave
HB 1320 ON THIRD READING
(by Moody and Coleman)
HB 1320, A bill to be entitled An Act relating to the operation of, participation in, and effects of successful completion of a mental health court program.
HB 1320 was passed by (Record 1277): 131 Yeas, 7 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Cain; Flynn; Middleton; Murr; Swanson; Tinderholt; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Calanni; Farrar; Meza.
STATEMENTS OF VOTE
When Record No. 1277 was taken, my vote failed to register. I would have voted yes.
Calanni
When Record No. 1277 was taken, I was shown voting yes. I intended to vote no.
Schaefer
HB 2971 ON THIRD READING
(by Holland, Canales, Oliverson, Leman, Murr, et al.)
HB 2971, A bill to be entitled An Act relating to powers and duties concerning records of the General Land Office.
HB 2971 was passed by (Record 1278): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; 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; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Coleman; Meza.
HB 975 ON THIRD READING
(by Metcalf, Huberty, Allen, G. Bonnen, Dutton, et al.)
HB 975, A bill to be entitled An Act relating to training requirements for a member of the board of trustees of an independent school district.
HB 975 was passed by (Record 1279): 134 Yeas, 5 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Noble; Schaefer; Stickland; Tinderholt.
Present, not voting — Mr. Speaker(C); Rose.
Absent, Excused — Beckley; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Meza.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Frullo on motion of Kacal.
GENERAL STATE CALENDAR
(consideration continued)
HB 1885 ON THIRD READING
(by G. Bonnen and Guillen)
HB 1885, A bill to be entitled An Act relating to the waiver of penalties and interest if an error by a mortgagee results in failure to pay an ad valorem tax.
HB 1885 was passed by (Record 1280): 134 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rose; Rosenthal; Schaefer; Shaheen; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Blanco; Canales; Fierro; Hinojosa; Meza; Romero.
STATEMENT OF VOTE
When Record No. 1280 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3800 ON THIRD READING
(by S. Thompson, Lopez, and Collier)
HB 3800, A bill to be entitled An Act relating to required reporting of human trafficking cases by certain law enforcement entities and by prosecutors.
HB 3800 was passed by (Record 1281): 136 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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.; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; 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 — Cain; Stickland.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Dominguez; Meza.
STATEMENT OF VOTE
When Record No. 1281 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 1143 ON THIRD READING
(by Hefner, Huberty, Springer, Toth, et al.)
HB 1143, A bill to be entitled An Act relating to the transportation or storage of a handgun or other firearm or ammunition by a handgun license holder in a school parking area.
HB 1143 was passed by (Record 1282): 97 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Craddick; Cyrier; Darby; Davis, S.; Dean; Flynn; Frank; Geren; Goldman; González, M.; Guerra; Guillen; Gutierrez; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.D.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Morales; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thompson, E.; Tinderholt; Toth; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas.
Nays — Anchia; Bernal; Blanco; Bowers; Bucy; Cole; Cortez; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; Goodwin; Hernandez; Hinojosa; Israel; Johnson, J.E.; Lucio; Martinez; Minjarez; Moody; Neave; Ortega; Reynolds; Romero; Rose; Rosenthal; Sherman; Thierry; Turner, C.; Turner, J.; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Bohac; Meza; Pacheco; Ramos; Rodriguez; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1282 was taken, my vote failed to register. I would have voted yes.
Bohac
When Record No. 1282 was taken, I was shown voting yes. I intended to vote no.
Collier
When Record No. 1282 was taken, I was shown voting yes. I intended to vote no.
S. Davis
When Record No. 1282 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1282 was taken, I was shown voting yes. I intended to vote no.
Lopez
When Record No. 1282 was taken, I was in the house but away from my desk. I would have voted no.
Meza
When Record No. 1282 was taken, I was shown voting yes. I intended to vote no.
Perez
When Record No. 1282 was taken, I was in the house but away from my desk. I would have voted no.
Ramos
When Record No. 1282 was taken, I was shown voting yes. I intended to vote no.
Talarico
When Record No. 1282 was taken, my vote failed to register. I would have voted yes.
S. Thompson
HB 907 ON THIRD READING
(by Huberty)
HB 907, A bill to be entitled An Act relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality.
HB 907 was passed by (Record 1283): 124 Yeas, 13 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Smithee; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Hefner; Krause; Lang; Middleton; Noble; Patterson; Ramos; Schaefer; Shaheen; Springer; Stickland; Tinderholt.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Bailes; Coleman; Meza.
STATEMENTS OF VOTE
When Record No. 1283 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1283 was taken, I was shown voting no. I intended to vote yes.
Ramos
HB 4533 ON THIRD READING
(by Klick and Raymond)
HB 4533, A bill to be entitled An Act relating to the system redesign for delivery of Medicaid acute care services and long-term services and supports to persons with an intellectual or developmental disability or with similar functional needs.
Amendment No. 1
Representative Klick offered the following amendment to HB 4533:
Amend HB 4533 (second reading engrossment) on third reading as follows:
(1) On page 1, line 17, strike "and certified in accordance with Section 534.252".
(2) On page 14, line 19, between "needs" and "to", insert "that contracts with the commission to provide services under Medicaid before the implementation date of the pilot program".
(3) Strike page 16, lines 23-24, and substitute the following:
(3) long-term services and supports under the STAR+PLUS home and community-based services (HCBS) waiver program, including:
(4) Strike page 17, lines 14-15, and substitute the following:
(4) the following long-term services and supports under a Medicaid waiver program:
(5) On page 18, lines 21-22, strike "delivers services under a Medicaid waiver program or the ICF-IID program" and substitute "contracts or subcontracts with the commission to provide day habilitation services under the home and community-based services (HCS) waiver program or the ICF-IID program".
(6) On page 23, line 10, immediately before "disability", insert "or developmental".
(7) On page 24, line 12, between "care" and "and", insert ", long-term services and supports,".
(8) On page 29, line 11, strike "Following" and substitute "During".
(9) On page 30, line 20, strike "On conclusion of the pilot program" and substitute "Not later than September 1, 2026".
(10) Strike page 31, line 27, through page 32, line 3, and substitute the following:
(C) implementation of the federal rule adopted by the Centers for Medicare and Medicaid Services and published at 79 Fed. Reg. 2948 (January 16, 2014) related to the provision of long-term services and supports through a home and community-based services (HCS) waiver program under Sections 1915(c), 1915(i), or 1915(k) of the federal Social Security Act (42 U.S.C. Section 1396n(c), (i), or (k));
(11) On page 33, lines 25-26, strike "that were not included in the pilot program".
(12) Strike page 34, lines 16-19 and substitute the following:
(2) a process for evaluating and determining the feasibility and cost efficiency of transitioning residential services described by Subdivision (1)(D) to a Medicaid managed care model that is based on an evaluation of a separate pilot program conducted by the commission, in consultation and collaboration with the advisory committee, that operates after the transition process described by Subdivision (1) [transition the
(13) Strike page 38, lines 14-18 and substitute the following:
the organizations' provider networks providers who are certified in accordance with the certification process described by Subdivision (1).
(14) On page 39, lines 17-18, strike "under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315)" and substitute "or authorization from the appropriate federal agency".
Amendment No. 1 was adopted.
HB 4533, as amended, was passed by (Record 1284): 134 Yeas, 5 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas.
Nays — Anchia; Biedermann; Cain; Ortega; Stickland.
Present, not voting — Mr. Speaker(C); Zwiener.
Absent, Excused — Beckley; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
STATEMENTS OF VOTE
When Record No. 1284 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1284 was taken, I was shown voting no. I intended to vote yes.
Ortega
HB 876 ON THIRD READING
(by Allen, Wu, and Reynolds)
HB 876, A bill to be entitled An Act relating to the model training curriculum and required training for school district peace officers and school resource officers.
HB 876 was passed by (Record 1285): 83 Yeas, 54 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Button; Calanni; Canales; Cole; Coleman; Collier; Cortez; Darby; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.E.; King, K.; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Neave; Ortega; Pacheco; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bonnen; Burns; Burrows; Cain; Capriglione; Clardy; Craddick; Cyrier; Dean; Frank; Goldman; Harris; Hefner; Holland; Hunter; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Schaefer; Smith; Smithee; Springer; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Wilson; Wray; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Hernandez; Johnson, J.D.; Murphy.
STATEMENTS OF VOTE
When Record No. 1285 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1285 was taken, I was shown voting yes. I intended to vote no.
Button
When Record No. 1285 was taken, I was excused because of important business in the district. I would have voted no.
Frullo
When Record No. 1285 was taken, I was shown voting yes. I intended to vote no.
Morrison
When Record No. 1285 was taken, I was shown voting yes. I intended to vote no.
VanDeaver
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Dominguez on motion of Ramos.
GENERAL STATE CALENDAR
(consideration continued)
HB 2286 ON THIRD READING
(by Oliverson, Nevárez, Springer, Phelan, Toth, et al.)
HB 2286, A bill to be entitled An Act relating to the criminal consequences of engaging in certain conduct with respect to certain firearm accessories and prohibiting the enforcement of certain federal laws related to certain firearm accessories.
HB 2286 was passed by (Record 1286): 92 Yeas, 46 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Flynn; Frank; Geren; Goldman; Guerra; Guillen; Gutierrez; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Moody; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Schaefer; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Tinderholt; Toth; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas.
Nays — Anchia; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Cole; Collier; Deshotel; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Israel; Johnson, J.D.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Morales; Muñoz; Neave; Ortega; Pacheco; Phelan; Ramos; Rodriguez; Romero; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Coleman.
STATEMENTS OF VOTE
When Record No. 1286 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1286 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1286 was taken, I was shown voting yes. I intended to vote no.
J.E. Johnson
When Record No. 1286 was taken, I was shown voting no. I intended to vote yes.
Phelan
When Record No. 1286 was taken, I was shown voting yes. I intended to vote no.
Thierry
HB 1880 ON THIRD READING
(by S. Davis)
HB 1880, A bill to be entitled An Act relating to health benefit plan provider networks; providing an administrative penalty; authorizing an assessment.
HB 1880 was passed by (Record 1287): 116 Yeas, 18 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Fierro; Flynn; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Oliverson; Ortega; Pacheco; Paddie; Parker; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Cain; Cyrier; Frank; Harris; Hefner; Krause; Lang; Metcalf; Middleton; Murr; Noble; Patterson; Paul; Schaefer; Stickland; Swanson; Tinderholt; Zedler.
Present, not voting — Mr. Speaker(C); Thierry.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Cole; Farrar; Longoria; Toth.
STATEMENTS OF VOTE
When Record No. 1287 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1287 was taken, I was in the house but away from my desk. I would have voted no.
Toth
When Record No. 1287 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 2288 ON THIRD READING
(by Moody, Blanco, Ortega, and Fierro)
HB 2288, A bill to be entitled An Act relating to the area of operation of certain municipal housing authorities.
HB 2288 was passed by (Record 1288): 97 Yeas, 41 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bernal; Biedermann; Blanco; Bowers; Bucy; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Frank; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Klick; Kuempel; Lambert; Larson; Leach; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Pacheco; Paddie; Perez; Phelan; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Smithee; Stephenson; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.
Nays — Bell, K.; Bohac; Bonnen; Buckley; Burns; Cain; Capriglione; Cyrier; Flynn; Goldman; Harris; Hefner; Holland; Hunter; King, P.; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Parker; Patterson; Paul; Raney; Schaefer; Shaheen; Shine; Smith; Springer; Stickland; Stucky; Tinderholt; Toth; Wilson; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Longoria.
STATEMENTS OF VOTE
When Record No. 1288 was taken, I was shown voting yes. I intended to vote no.
Anderson
When Record No. 1288 was taken, I was excused because of important business in the district. I would have voted no.
Frullo
When Record No. 1288 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1288 was taken, I was shown voting yes. I intended to vote no.
White
HB 2504 ON THIRD READING
(by Springer)
HB 2504, A bill to be entitled An Act relating to requiring candidates to pay a filing fee or submit a petition in lieu of a filing fee to appear on the ballot for the general election for state and county officers.
HB 2504 - POINT OF ORDER
Representative J. Turner raised a point of order against further consideration of HB 2504 under Rule 8, Section 1, of the House Rules and Article III, Section 35, of the Texas Constitution on the grounds that the caption of the bill fails to give reasonable notice of the bill's subject.
The point of order was withdrawn.
HB 2504 was passed by (Record 1289): 77 Yeas, 57 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Geren; Goldman; Harris; Hefner; Holland; Huberty; Hunter; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas; Zwiener.
Nays — Allen; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Cole; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Israel; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Muñoz; Neave; Ortega; Pacheco; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Anchia; Davis, S.; King, K.; Morales; Perez.
STATEMENTS OF VOTE
When Record No. 1289 was taken, I was in the house but away from my desk. I would have voted no.
S. Davis
When Record No. 1289 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3490 ON THIRD READING
(by Cole)
HB 3490, A bill to be entitled An Act relating to the prosecution and punishment of the criminal offense of harassment; creating a criminal offense.
HB 3490 was passed by (Record 1290): 101 Yeas, 34 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Ashby; Bailes; Bell, K.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burrows; Button; Cain; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; Klick; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Muñoz; Murphy; Murr; Neave; Noble; Ortega; Paddie; Perez; Phelan; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Smithee; Stickland; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.
Nays — Anderson; Bell, C.; Biedermann; Bonnen; Burns; Clardy; Dean; Goldman; Harris; Hefner; King, P.; Krause; Lang; Larson; Metcalf; Middleton; Morrison; Oliverson; Parker; Patterson; Paul; Price; Raney; Schaefer; Shaheen; Springer; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Anchia; Davis, S.; King, K.; Pacheco.
STATEMENTS OF VOTE
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
Ashby
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
Cain
When Record No. 1290 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1290 was taken, I was excused because of important business in the district. I would have voted no.
Frullo
When Record No. 1290 was taken, I was shown voting yes. I intended to vote no.
Miller
When Record No. 1290 was taken, I was shown voting no. I intended to vote yes.
Parker
HB 2536 ON THIRD READING
(by Oliverson and Blanco)
HB 2536, A bill to be entitled An Act relating to transparency related to drug costs.
Amendment No. 1
Representative Oliverson offered the following amendment to HB 2536:
Amend HB 2536 on third reading, in SECTION 2 of the bill, by striking added Section 1369.502(a)(2), Insurance Code (page 5, line 27 through page 6, line 5, second reading engrossment), and substituting the following:
(2) the aggregated dollar amount of rebates, fees, price protection payments, and any other payments collected from pharmaceutical drug manufacturers that were:
(A) passed to:
(i) health benefit plan issuers; or
(ii) enrollees at the point of sale of a prescription drug; or
(B) retained as revenue by the pharmacy benefit manager.
A record vote was requested by Representative S. Thompson.
Amendment No. 1 was adopted by (Record 1291): 96 Yeas, 29 Nays, 2 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bell, C.; Bell, K.; Biedermann; Blanco; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Capriglione; Coleman; Collier; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Geren; Goldman; González, J.; González, M.; Guerra; Guillen; Gutierrez; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; King, P.; Kuempel; Lambert; Landgraf; Lang; Leach; Leman; Lopez; Lozano; Lucio; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Morales; Muñoz; Murphy; Murr; Noble; Oliverson; Ortega; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Rosenthal; Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; White; Wilson; Wray; Zedler; Zerwas; Zwiener.
Nays — Allen; Bernal; Bowers; Calanni; Cole; Cortez; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Gervin-Hawkins; Hernandez; Johnson, J.E.; Kacal; Larson; Martinez; Minjarez; Moody; Neave; Paddie; Reynolds; Romero; Rose; Sherman; Thierry; Thompson, S.; Vo; Walle.
Present, not voting — Mr. Speaker(C); Bailes.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Anchia; Clardy; Davis, S.; Goodwin; Israel; King, K.; Klick; Krause; Longoria; Morrison; Pacheco; Rodriguez; Wu.
STATEMENTS OF VOTE
When Record No. 1291 was taken, I was shown voting present, not voting. I intended to vote yes.
Bailes
When Record No. 1291 was taken, I was shown voting no. I intended to vote yes.
Cortez
When Record No. 1291 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1291 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1291 was taken, I was in the house but away from my desk. I would have voted yes.
Krause
HB 2536, as amended, was passed by (Record 1292): 134 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, T.; Nevárez; Sanford; Sheffield.
Absent — Anchia; Davis, S.; Israel; King, K.; Pacheco.
STATEMENTS OF VOTE
When Record No. 1292 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1292 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for the remainder of today because of important business:
K. King on motion of Bailes.
Pacheco on motion of Cain.
Smithee on motion of Button.
GENERAL STATE CALENDAR
(consideration continued)
HB 2942 ON THIRD READING
(by Guillen and Pacheco)
HB 2942, A bill to be entitled An Act relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land if the land is temporarily used for sand mining operations; authorizing a fee.
HB 2942 was passed by (Record 1293): 122 Yeas, 10 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.
Nays — Bonnen; Dean; Goldman; Hefner; Krause; Lang; Middleton; Schaefer; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Israel; Longoria.
STATEMENTS OF VOTE
When Record No. 1293 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1293 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1293 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1293 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
HB 2897 ON THIRD READING
(by Parker)
HB 2897, A bill to be entitled An Act relating to the provision of services by the Texas Department of Criminal Justice's developmentally disabled offender program.
HB 2897 was passed by (Record 1294): 133 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Israel.
STATEMENTS OF VOTE
When Record No. 1294 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1294 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 288 ON THIRD READING
(by S. Thompson, Moody, Lopez, and Collier)
HB 288, A bill to be entitled An Act relating to the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities.
HB 288 was passed by (Record 1295): 98 Yeas, 33 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Ashby; Bailes; Bell, K.; Bernal; Blanco; Bohac; Bowers; Bucy; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Frank; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Kuempel; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Paddie; Parker; Perez; Phelan; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Bell, C.; Biedermann; Bonnen; Burns; Cain; Capriglione; Cyrier; Darby; Flynn; Geren; Goldman; Harris; Hefner; Holland; Hunter; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Patterson; Paul; Schaefer; Shaheen; Shine; Smith; Springer; Toth; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Anderson; Buckley; Davis, S.; Raney.
STATEMENTS OF VOTE
When Record No. 1295 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 1295 was taken, I was in the house but away from my desk. I would have voted yes.
Buckley
When Record No. 1295 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1295 was taken, I was excused because of important business in the district. I would have voted no.
Frullo
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Stucky
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1295 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
HB 2931 ON THIRD READING
(by Parker, Craddick, Capriglione, Deshotel, Stucky, et al.)
HB 2931, A bill to be entitled An Act relating to the administration of an examination and issuance of a temporary receipt for a driver's license by an entity other than the Department of Public Safety.
HB 2931 was passed by (Record 1296): 133 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Farrar.
STATEMENTS OF VOTE
When Record No. 1296 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1296 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Leach on motion of Burrows.
GENERAL STATE CALENDAR
(consideration continued)
HB 4513 ON THIRD READING
(by Hunter, Flynn, Lozano, Lopez, and Herrero)
HB 4513, A bill to be entitled An Act relating to employing and training mental health professionals for the mental health program for veterans.
HB 4513 was passed by (Record 1297): 130 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; 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 — Cain; Schaefer.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Klick.
STATEMENTS OF VOTE
When Record No. 1297 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1297 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1297 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1297 was taken, I was shown voting no. I intended to vote yes.
Schaefer
HB 3553 ON THIRD READING
(by Farrar)
HB 3553, A bill to be entitled An Act relating to filing fees for the electronic filing system established by the Supreme Court of Texas.
HB 3553 was passed by (Record 1298): 90 Yeas, 41 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Ashby; Bailes; Bell, K.; Bernal; Blanco; Bohac; Bowers; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Lambert; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Murphy; Neave; Oliverson; Ortega; Paddie; Perez; Phelan; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Stephenson; Stickland; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.
Nays — Anderson; Bell, C.; Biedermann; Bonnen; Buckley; Cain; Cyrier; Flynn; Frank; Goldman; Harris; Hefner; Holland; Hunter; Kacal; King, P.; Krause; Kuempel; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Morrison; Muñoz; Murr; Noble; Parker; Patterson; Paul; Raney; Schaefer; Shaheen; Springer; Stucky; Swanson; Tinderholt; Wilson; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Klick; Larson.
STATEMENTS OF VOTE
When Record No. 1298 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1298 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1298 was taken, I was shown voting yes. I intended to vote no.
Phelan
HB 3001 ON THIRD READING
(by Morrison)
HB 3001, A bill to be entitled An Act relating to the fiscal transparency of special purpose districts and other political subdivisions.
HB 3001 was passed by (Record 1299): 132 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Klick.
STATEMENTS OF VOTE
When Record No. 1299 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1299 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3147 ON THIRD READING
(by Parker, et al.)
HB 3147, A bill to be entitled An Act relating to a cancer clinical trial participation program.
HB 3147 was passed by (Record 1300): 128 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Noble; Tinderholt.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Hinojosa; Klick.
STATEMENTS OF VOTE
When Record No. 1300 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1300 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3578 ON THIRD READING
(by Klick, et al.)
HB 3578, A bill to be entitled An Act relating to the cancellation of the voter registration of a person finally convicted of a felony.
HB 3578 was passed by (Record 1301): 131 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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 — Allen.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Rodriguez.
STATEMENTS OF VOTE
When Record No. 1301 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1301 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 1477 ON THIRD READING
(by Price, et al.)
HB 1477, A bill to be entitled An Act relating to the use of grants under the emergency medical services assistance program and the distribution of certain revenue received by the comptroller.
HB 1477 was passed by (Record 1302): 122 Yeas, 8 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; Stucky; Talarico; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Biedermann; Cain; Middleton; Schaefer; Stickland; Swanson; Tinderholt; Zedler.
Present, not voting — Mr. Speaker(C); Capriglione.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Davis, S.; Klick; Thierry.
STATEMENTS OF VOTE
When Record No. 1302 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1302 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3397 ON THIRD READING
(by Bailes)
HB 3397, A bill to be entitled An Act relating to an appropriation of money from the emergency radio infrastructure account for the planning, development, and provision of an interoperable statewide emergency radio infrastructure.
HB 3397 was passed by (Record 1303): 130 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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 — Cain.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allen; Anchia; Coleman; Davis, S.
STATEMENTS OF VOTE
When Record No. 1303 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1303 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1303 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 4032 ON THIRD READING
(by Guillen, Morrison, and G. Bonnen)
HB 4032, A bill to be entitled An Act relating to the permitting and taxation of certain boats and boat motors; imposing a fee.
HB 4032 was passed by (Record 1304): 113 Yeas, 19 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Cyrier; Darby; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.
Nays — Bell, C.; Biedermann; Cain; Clardy; Dean; Krause; Lang; Metcalf; Middleton; Murr; Patterson; Price; Schaefer; Shaheen; Swanson; Tinderholt; White; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Craddick; Davis, S.
STATEMENTS OF VOTE
When Record No. 1304 was taken, I was shown voting no. I intended to vote yes.
Clardy
When Record No. 1304 was taken, I was in the house but away from my desk. I would have voted yes.
Craddick
When Record No. 1304 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1304 was taken, I was shown voting yes. I intended to vote no.
Hinojosa
When Record No. 1304 was taken, I was shown voting yes. I intended to vote no.
Israel
When Record No. 1304 was taken, I was shown voting yes. I intended to vote no.
Shine
HB 3424 ON THIRD READING
(by S. Thompson)
HB 3424, A bill to be entitled An Act relating to postconviction forensic DNA testing.
HB 3424 was passed by (Record 1305): 132 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allison; Anchia; Davis, S.
STATEMENTS OF VOTE
When Record No. 1305 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1305 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 2642 ON THIRD READING
(by Allison)
HB 2642, A bill to be entitled An Act relating to reporting the number of incidents of bullying and cyberbullying in a school district and open-enrollment charter school through the Public Education Information Management System.
HB 2642 was passed by (Record 1306): 105 Yeas, 27 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Neave; Ortega; Paddie; Paul; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Ashby; Biedermann; Buckley; Cain; Cyrier; Frank; Harris; Hefner; Klick; Krause; Landgraf; Lang; Leman; Middleton; Murphy; Murr; Noble; Oliverson; Parker; Patterson; Price; Schaefer; Shaheen; Springer; Swanson; Tinderholt; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; King, P.; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1306 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1306 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1306 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 1306 was taken, I was shown voting no. I intended to vote yes.
Parker
When Record No. 1306 was taken, I was shown voting yes. I intended to vote no.
Wilson
HB 3657 ON THIRD READING
(by C. Turner)
HB 3657, A bill to be entitled An Act relating to the establishment of the Texas Competency-Based Education Grant Program for certain students enrolled in competency-based baccalaureate degree programs and to formula funding and dropped and repeated course restrictions for students enrolled in those degree programs at public institutions of higher education.
HB 3657 was passed by (Record 1307): 80 Yeas, 51 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchia; Ashby; Bailes; Bell, C.; Bernal; Blanco; Bohac; Bowers; Bucy; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; Kuempel; Lambert; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wilson; Wu; Zerwas; Zwiener.
Nays — Anderson; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Button; Cain; Capriglione; Craddick; Cyrier; Darby; Flynn; Frank; Geren; Harris; Hefner; Holland; Hunter; King, P.; Klick; Krause; Landgraf; Lang; Larson; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Schaefer; Shaheen; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; Wray; Zedler.
Present, not voting — Mr. Speaker(C); Burrows; Toth.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; White.
STATEMENTS OF VOTE
When Record No. 1307 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1307 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1307 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1307 was taken, I was shown voting present, not voting. I intended to vote no.
Toth
HB 3738 ON THIRD READING
(by Goldman, et al.)
HB 3738, A bill to be entitled An Act relating to creating an Internet website of certain day-care providers and parenting resources.
HB 3738 was passed by (Record 1308): 118 Yeas, 13 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Darby; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.
Nays — Biedermann; Cain; Cyrier; Dean; Flynn; Middleton; Schaefer; Shaheen; Stickland; Tinderholt; Toth; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Coleman; Davis, S.; Meza; Swanson.
STATEMENTS OF VOTE
When Record No. 1308 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1308 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1308 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1308 was taken, I was shown voting yes. I intended to vote no.
Lang
When Record No. 1308 was taken, my vote failed to register. I would have voted no.
Swanson
HB 2782 ON THIRD READING
(by Wray)
HB 2782, A bill to be entitled An Act relating to decedents' estates, transfer on death deeds, and matters involving probate courts.
HB 2782 was passed by (Record 1309): 134 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.
STATEMENTS OF VOTE
When Record No. 1309 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1309 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3750 ON THIRD READING
(by Kuempel and Stickland)
HB 3750, A bill to be entitled An Act relating to the applicability of certain municipal ordinances in the municipality's extraterritorial jurisdiction.
Amendment No. 1
Representative Israel offered the following amendment to HB 3750:
Amend HB 3750 (second reading engrossment), on third reading, as follows:
On page 1, line 15, insert "high or" between "having" and "exceptional".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Toth offered the following amendment to HB 3750:
Amend HB 3750 on third reading in SECTION 1 of the bill as follows:
(1) In the recital to SECTION 1 (second reading engrossment, page 1, line 6) strike "Subsection (d)" and substitute "Subsections (d) and (e)".
(2) In SECTION 1 of the bill, add the following to amended Section 212.003, Local Government Code (second reading engrossment, page 1, between lines 16 and 17):
(e) For a municipality wholly or partly located in a county with a population of more than 500,000, a municipal ordinance is considered otherwise authorized by state law to be extended into the municipality's extraterritorial jurisdiction under Subsection (a) only if state law explicitly authorizes the specific municipal ordinance to be extended.
Amendment No. 2 was withdrawn.
HB 3750, as amended, was passed by (Record 1310): 103 Yeas, 22 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Gutierrez; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Schaefer; Shaheen; Shine; Smith; Springer; Stickland; Stucky; Swanson; Thierry; Thompson, S.; Toth; Turner, J.; VanDeaver; Vo; White; Wilson; Wray; Zedler; Zerwas.
Nays — Blanco; Canales; Cole; Farrar; Fierro; González, J.; González, M.; Goodwin; Hernandez; Lucio; Martinez; Meza; Moody; Morales; Ramos; Rosenthal; Sherman; Talarico; Turner, C.; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Anchia; Bohac; Calanni; Davis, S.; Johnson, J.E.; Neave; Rose; Stephenson; Thompson, E.; Tinderholt.
STATEMENTS OF VOTE
When Record No. 1310 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1310 was taken, I was shown voting yes. I intended to vote no.
Bernal
When Record No. 1310 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1310 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1310 was taken, I was in the house but away from my desk. I would have voted no.
Neave
When Record No. 1310 was taken, I was shown voting yes. I intended to vote no.
Reynolds
When Record No. 1310 was taken, my vote failed to register. I would have voted yes.
E. Thompson
When Record No. 1310 was taken, I was in the house but away from my desk. I would have voted yes.
Tinderholt
HB 4441 ON THIRD READING
(by Neave)
HB 4441, A bill to be entitled An Act relating to requests for certain information by the Texas Judicial Council regarding reductions of state jail felony punishment to misdemeanor punishment.
HB 4441 was passed by (Record 1311): 131 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; 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 — Bell, K.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Rodriguez; Stickland.
STATEMENTS OF VOTE
When Record No. 1311 was taken, I was shown voting no. I intended to vote yes.
K. Bell
When Record No. 1311 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1311 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3755 ON THIRD READING
(by Shaheen)
HB 3755, A bill to be entitled An Act relating to a study on the improvement of driver's license issuance in this state.
HB 3755 was passed by (Record 1312): 133 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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 — Cain.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.
STATEMENTS OF VOTE
When Record No. 1312 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1312 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 3810 ON THIRD READING
(by Paul)
HB 3810, A bill to be entitled An Act relating to the residential building codes of municipalities.
HB 3810 was passed by (Record 1313): 122 Yeas, 7 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.
Nays — Cain; Hefner; Holland; Lang; Schaefer; Tinderholt; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bonnen; Coleman; Darby; Davis, S.; Martinez; Rodriguez.
STATEMENTS OF VOTE
When Record No. 1313 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1313 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 2250 ON THIRD READING
(by Lucio and S. Thompson)
HB 2250, A bill to be entitled An Act relating to the prescribing and ordering of Schedule II controlled substances by certain advanced practice registered nurses and physician assistants.
HB 2250 was passed by (Record 1314): 131 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C); Neave.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Martinez Fischer; Rodriguez.
STATEMENTS OF VOTE
When Record No. 1314 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1314 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1314 was taken, I was shown voting present, not voting. I intended to vote yes.
Neave
HB 2154 ON THIRD READING
(by Landgraf, Craddick, Nevárez, Paddie, T. King, et al.)
HB 2154, A bill to be entitled An Act relating to a commission to study the needs of areas of the state significantly affected by oil and gas production.
HB 2154 - POINT OF ORDER
Representative Craddick raised a point of order against further consideration of HB 2154 under Article III, Section 30, and Article III, Section 35, of the Texas Constitution. The point of order was sustained and the speaker submitted the following ruling:
RULING BY THE SPEAKER
on House Bill 2154
Announced in the House on May 10, 2019
Representative Craddick raises a point of order against further consideration of HB 2154 under Article III, Sections 30 and 35, of the Texas Constitution on the grounds that the original purpose of the bill has been changed and the bill contains more than one subject.
Mr. Craddick argues that the provision of the bill that repeals Section 316.093(e), Government Code, is not on the same subject as the bill's provisions establishing the GROW Texas task force and providing for the appointment of legislative committees to study issues related to oil and gas production.
Section 316.093(e), Government Code, which is repealed by the bill, relates to a requirement for the comptroller to adjust the allocation of certain amounts transferred to the economic stabilization and state highway funds. The subject of adjusting these allocations is not on the same subject as the bill. Thus, the bill contains more than one subject, in violation of the constitutional rule.
Accordingly, the point of order is well-taken and sustained.
The ruling precluded further consideration of the bill.
HB 2835 ON THIRD READING
(by Canales)
HB 2835, A bill to be entitled An Act relating to a defense to prosecution for the criminal offense of operating a vehicle with an expired license plate.
HB 2835 was passed by (Record 1315): 129 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Springer; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allison; Calanni; Davis, S.; Farrar; Lozano; Stephenson.
STATEMENTS OF VOTE
When Record No. 1315 was taken, I was in the house but away from my desk. I would have voted yes.
Allison
When Record No. 1315 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1315 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1315 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
HB 1791 ON THIRD READING
(by Krause, Lang, et al.)
HB 1791, A bill to be entitled An Act relating to the carrying of handguns by license holders on property owned or leased by a governmental entity.
HB 1791 was passed by (Record 1316): 75 Yeas, 49 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Craddick; Cyrier; Darby; Dean; Frank; Geren; Goldman; Guerra; Harris; Hefner; Herrero; Huberty; Hunter; Johnson, J.E.; Kacal; King, P.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Martinez; Metcalf; Meyer; Middleton; Miller; Moody; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raymond; Schaefer; Shaheen; Sherman; Shine; Smith; Springer; Stickland; Swanson; Thompson, E.; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.
Nays — Anchia; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Cole; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Fierro; Flynn; Gervin-Hawkins; González, J.; González, M.; Goodwin; Gutierrez; Hernandez; Hinojosa; Holland; Israel; Johnson, J.D.; Lopez; Lucio; Martinez Fischer; Meza; Minjarez; Morales; Neave; Ortega; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Stucky.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Dutton; Farrar; Guillen; Klick; Longoria; Lozano; Raney; Stephenson; Tinderholt.
STATEMENTS OF VOTE
When Record No. 1316 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1316 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1316 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1316 was taken, I was shown voting no. I intended to vote yes.
Holland
When Record No. 1316 was taken, I was shown voting yes. I intended to vote no.
J.E. Johnson
When Record No. 1316 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
When Record No. 1316 was taken, I was shown voting yes. I intended to vote no.
Sherman
When Record No. 1316 was taken, I was shown voting present, not voting. I intended to vote yes.
Stucky
When Record No. 1316 was taken, I was in the house but away from my desk. I would have voted yes.
Tinderholt
HB 3863 ON THIRD READING
(by Wilson)
HB 3863, A bill to be entitled An Act relating to granting limited state law enforcement authority to special agents of the Office of Inspector General of the United States Department of Agriculture.
HB 3863 was passed by (Record 1317): 125 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Springer; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Morales; Ramos; Schaefer.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Dutton; Klick; Lozano; Raney; Stephenson; Vo.
STATEMENTS OF VOTE
When Record No. 1317 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1317 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1317 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
HB 3390 ON THIRD READING
(by Sanford, Noble, Wray, et al.)
HB 3390, A bill to be entitled An Act relating to identifying relative and other designated caregivers for children in the conservatorship of the Department of Family and Protective Services.
Amendment No. 1
On behalf of Representative Sanford, Representative Frank offered the following amendment to HB 3390:
Amend HB 3390 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering the remaining SECTIONS of the bill as appropriate:
SECTION ____. Section 42.041(b), Human Resources Code, as amended by Chapters 244 (HB 871) and 317 (HB 7), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home;
(3) a facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities, including retreats or classes for religious instruction, on or near the premises, that does not advertise as a child-care facility or day-care center, and that informs parents that it is not licensed by the state;
(4) a school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months;
(5) a youth camp licensed by the Department of State Health Services;
(6) a facility licensed, operated, certified, or registered by another state agency;
(7) an educational facility that is accredited by the Texas Education Agency, the Southern Association of Colleges and Schools, or an accreditation body that is a member of the Texas Private School Accreditation Commission and that operates primarily for educational purposes for prekindergarten and above, a before-school or after-school program operated directly by an accredited educational facility, or a before-school or after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency, the Southern Association of Colleges and Schools, or the other accreditation body, as applicable, has approved the curriculum content of the before-school or after-school program operated under the contract;
(8) an educational facility that operates solely for educational purposes for prekindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes;
(9) a kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day;
(10) a family home, whether registered or listed;
(11) an educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers an educational program in one or more of the following: prekindergarten through at least grade three, elementary grades, or secondary grades;
(12) an emergency shelter facility, other than a facility that would otherwise require a license as a child-care facility under this section, that provides shelter or care to a minor and the minor's child or children, if any, under Section 32.201, Family Code, if the facility:
(A) is currently under a contract with a state or federal agency; or
(B) meets the requirements listed under Section 51.005(b)(3);
(13) a juvenile detention facility certified under Section 51.12, Family Code, a juvenile correctional facility certified under Section 51.125, Family Code, a juvenile facility providing services solely for the Texas Juvenile Justice Department, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state;
(14) an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility;
(15) an annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless;
(16) a food distribution program that:
(A) serves an evening meal to children two years of age or older; and
(B) is operated by a nonprofit food bank in a nonprofit, religious, or educational facility for not more than two hours a day on regular business days;
(17) a child-care facility that operates for less than three consecutive weeks and less than 40 days in a period of 12 months;
(18) a program:
(A) in which a child receives direct instruction in a single skill, talent, ability, expertise, or proficiency;
(B) that does not provide services or offerings that are not directly related to the single talent, ability, expertise, or proficiency;
(C) that does not advertise or otherwise represent that the program is a child-care facility, day-care center, or licensed before-school or after-school program or that the program offers child-care services;
(D) that informs the parent or guardian:
(i) that the program is not licensed by the state; and
(ii) about the physical risks a child may face while participating in the program; and
(E) that conducts background checks for all program employees and volunteers who work with children in the program using information that is obtained from the Department of Public Safety;
(19) an elementary-age (ages 5-13) recreation program that:
(A) adopts standards of care, including standards relating to staff ratios, staff training, health, and safety;
(B) provides a mechanism for monitoring and enforcing the standards and receiving complaints from parents of enrolled children;
(C) does not advertise as or otherwise represent the program as a child-care facility, day-care center, or licensed before-school or after-school program or that the program offers child-care services;
(D) informs parents that the program is not licensed by the state;
(E) is organized as a nonprofit organization or is located on the premises of a participant's residence;
(F) does not accept any remuneration other than a nominal annual membership fee;
(G) does not solicit donations as compensation or payment for any good or service provided as part of the program; and
(H) conducts background checks for all program employees and volunteers who work with children in the program using information that is obtained from the Department of Public Safety;
(20) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which the caretaker:
(A) had a prior relationship with the child or sibling group or other family members of the child or sibling group;
(B) does not care for more than one unrelated child or sibling group;
(C) does not receive compensation or solicit donations for the care of the child or sibling group; and
(D) has a written agreement with the parent to care for the child or sibling group;
(21) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which:
(A) the department is the managing conservator of the child or sibling group;
(B) the department placed the child or sibling group in the caretaker's home; and
(C) the caretaker had a long-standing and significant relationship with the child or sibling group, or the family of the child or sibling group, before the child or sibling group was placed with the caretaker;
(22) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which the child is in the United States on a time-limited visa under the sponsorship of the caretaker or of a sponsoring organization;
(23) a facility operated by a nonprofit organization that:
(A) does not otherwise operate as a child-care facility that is required to be licensed under this section;
(B) provides emergency shelter and care for not more than 15 days to children 13 years of age or older but younger than 18 years of age who are victims of human trafficking alleged under Section 20A.02, Penal Code;
(C) is located in a municipality with a population of at least 600,000 that is in a county on an international border; and
(D) meets one of the following criteria:
(i) is licensed by, or operates under an agreement with, a state or federal agency to provide shelter and care to children; or
(ii) meets the eligibility requirements for a contract under Section 51.005(b)(3); [or]
(24) a facility that provides respite care exclusively for a local mental health authority under a contract with the local mental health authority; or
(25) [(24)] a living arrangement in a caretaker's home involving one or more children or a sibling group in which the caretaker:
(A) has a written authorization agreement under Chapter 34, Family Code, with the parent of each child or sibling group to care for each child or sibling group;
(B) does not care for more than six children, excluding children who are related to the caretaker; and
(C) does not receive compensation for caring for any child or sibling group.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Klick offered the following amendment to HB 3390:
Amend HB 3390 on third reading as follows:
(1) Strike the SECTION of the bill amending Section 261.3017, Family Code.
(2) Strike the SECTION of the bill adding Section 261.30175, Family Code.
(3) Renumber SECTIONS of the bill accordingly.
Amendment No. 2 was adopted.
HB 3390, as amended, was passed by (Record 1318): 132 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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 — Rose.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Dutton.
STATEMENTS OF VOTE
When Record No. 1318 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1318 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 4258 ON THIRD READING
(by Murphy and Gervin-Hawkins)
HB 4258, A bill to be entitled An Act relating to approval by the attorney general of certain bonds financing an educational facility for certain charter schools.
HB 4258 was passed by (Record 1319): 88 Yeas, 43 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Clardy; Cole; Cortez; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Harris; Hefner; Hernandez; Holland; Huberty; Hunter; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lozano; Metcalf; Meyer; Middleton; Miller; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Rodriguez; Schaefer; Shaheen; Shine; Smith; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Anchia; Bernal; Blanco; Bowers; Calanni; Capriglione; Coleman; Collier; Davis, Y.; Farrar; Fierro; González, J.; González, M.; Goodwin; Gutierrez; Herrero; Hinojosa; Israel; Johnson, J.E.; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales; Muñoz; Neave; Ortega; Perez; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman; Stickland; Thompson, S.; Turner, C.; Turner, J.; Vo; Wilson.
Present, not voting — Mr. Speaker(C); Walle.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Deshotel; Dutton.
STATEMENTS OF VOTE
When Record No. 1319 was taken, I was shown voting yes. I intended to vote no.
Allen
When Record No. 1319 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1319 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
When Record No. 1319 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1319 was taken, I was shown voting yes. I intended to vote no.
Lambert
When Record No. 1319 was taken, I was shown voting yes. I intended to vote no.
Zwiener
HB 4566 ON THIRD READING
(by Allen and White)
HB 4566, A bill to be entitled An Act relating to the award of diligent participation credit to defendants confined in a state jail felony facility.
HB 4566 was passed by (Record 1320): 87 Yeas, 35 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Bailes; Bell, K.; Bernal; Biedermann; Blanco; Bowers; Bucy; Burns; Burrows; Button; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Dutton; Farrar; Fierro; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Herrero; Hinojosa; Holland; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Krause; Kuempel; Lambert; Longoria; Lopez; Lozano; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Muñoz; Murphy; Neave; Parker; Paul; Perez; Phelan; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, J.; VanDeaver; Walle; White; Wilson; Zerwas; Zwiener.
Nays — Anchia; Ashby; Bohac; Bonnen; Buckley; Cain; Canales; Cyrier; Flynn; Frank; Goldman; Gutierrez; Harris; Hefner; Hernandez; Hunter; Klick; Landgraf; Lang; Larson; Leman; Lucio; Martinez; Middleton; Morrison; Murr; Noble; Oliverson; Ortega; Patterson; Price; Ramos; Schaefer; Vo; Wray.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bell, C.; Calanni; Davis, S.; Deshotel; Miller; Morales; Paddie; Rodriguez; Shaheen; Tinderholt; Turner, C.; Wu; Zedler.
STATEMENTS OF VOTE
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Bailes
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1320 was taken, I was in the house but away from my desk. I would have voted yes.
Calanni
When Record No. 1320 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1320 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
When Record No. 1320 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Holland
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
P. King
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Lambert
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Metcalf
When Record No. 1320 was taken, I was in the house but away from my desk. I would have voted no.
Miller
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Paul
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Phelan
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Stucky
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
E. Thompson
When Record No. 1320 was taken, I was in the house but away from my desk. I would have voted no.
Tinderholt
When Record No. 1320 was taken, I was shown voting yes. I intended to vote no.
Wilson
When Record No. 1320 was taken, my vote failed to register. I would have voted yes.
Wu
When Record No. 1320 was taken, I was in the house but away from my desk. I would have voted yes.
Zedler
HB 1381 ON THIRD READING
(by Wray)
HB 1381, A bill to be entitled An Act relating to enhancing the criminal penalty for aggravated assault committed in or on school property or on a passenger transportation vehicle of a primary or secondary school.
HB 1381 was passed by (Record 1321): 98 Yeas, 32 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Farrar; Flynn; Geren; Gervin-Hawkins; Goldman; Guerra; Guillen; Gutierrez; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Perez; Phelan; Price; Raney; Raymond; Rodriguez; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas; Zwiener.
Nays — Anchia; Blanco; Cole; Dutton; Fierro; Frank; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Israel; Johnson, J.E.; Lang; Longoria; Lucio; Meza; Morales; Neave; Ortega; Paul; Ramos; Reynolds; Romero; Rose; Rosenthal; Schaefer; Sherman; Tinderholt; Turner, C.; Vo; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allen; Bernal; Canales; Davis, S.; Shaheen.
STATEMENTS OF VOTE
When Record No. 1321 was taken, I was shown voting yes. I intended to vote no.
C. Bell
When Record No. 1321 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1321 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1321 was taken, I was shown voting yes. I intended to vote no.
Gutierrez
When Record No. 1321 was taken, I was shown voting no. I intended to vote yes.
Hinojosa
When Record No. 1321 was taken, I was shown voting yes. I intended to vote no.
Zwiener
HB 744 ON THIRD READING
(by Rose, Walle, Farrar, Reynolds, Neave, et al.)
HB 744, A bill to be entitled An Act relating to the Medicaid eligibility of certain women after a pregnancy.
HB 744 was passed by (Record 1322): 87 Yeas, 43 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Bailes; Bell, K.; Bernal; Blanco; Bohac; Bowers; Bucy; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; Klick; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.
Nays — Ashby; Biedermann; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Craddick; Cyrier; Dean; Flynn; Frank; Harris; Hefner; Holland; Hunter; King, P.; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Schaefer; Shine; Smith; Springer; Stickland; Thompson, E.; Tinderholt; Toth; Wilson; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bell, C.; Davis, S.; Geren; Martinez Fischer; Shaheen.
STATEMENTS OF VOTE
When Record No. 1322 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1322 was taken, I was shown voting no. I intended to vote yes.
Buckley
When Record No. 1322 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1322 was taken, I was excused because of important business in the district. I would have voted no.
Frullo
When Record No. 1322 was taken, I was shown voting yes. I intended to vote no.
Phelan
When Record No. 1322 was taken, I was shown voting yes. I intended to vote no.
Swanson
HB 2863 ON THIRD READING
(by Landgraf)
HB 2863, A bill to be entitled An Act relating to the applicability of competitive bidding requirements to expenditures for certain municipal utility facility relocations.
HB 2863 was passed by (Record 1323): 106 Yeas, 21 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Clardy; Cole; Coleman; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; Klick; Landgraf; Larson; Leman; Longoria; Lozano; Lucio; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shine; Smith; Springer; Stephenson; Stickland; Talarico; Thompson, E.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zwiener.
Nays — Capriglione; Collier; González, J.; González, M.; Harris; Hefner; Johnson, J.D.; King, P.; Krause; Lambert; Lang; Lopez; Morales; Noble; Ramos; Stucky; Swanson; Thompson, S.; Tinderholt; Wilson; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Farrar; Kuempel; Martinez; Shaheen; Sherman; Thierry; Zedler.
STATEMENTS OF VOTE
When Record No. 1323 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1323 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1323 was taken, I was shown voting no. I intended to vote yes.
Harris
When Record No. 1323 was taken, I was shown voting no. I intended to vote yes.
Lopez
When Record No. 1323 was taken, I was shown voting yes. I intended to vote no.
Schaefer
When Record No. 1323 was taken, I was in the house but away from my desk. I would have voted no.
Zedler
HB 2463 ON THIRD READING
(by T. King)
HB 2463, A bill to be entitled An Act relating to the deposit and allocation of certain funds to the horse industry escrow account.
HB 2463 was passed by (Record 1324): 91 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, K.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Calanni; Canales; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Deshotel; Dutton; Fierro; Flynn; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Neave; Oliverson; Ortega; Paddie; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Stickland; Stucky; Talarico; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zwiener.
Nays — Bell, C.; Biedermann; Bonnen; Burrows; Button; Cain; Capriglione; Clardy; Dean; Goldman; Harris; Hefner; Holland; Krause; Landgraf; Lang; Leman; Metcalf; Meyer; Middleton; Miller; Murphy; Murr; Noble; Parker; Patterson; Paul; Price; Schaefer; Smith; Springer; Swanson; Thompson, E.; Tinderholt; Toth; Wilson; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Farrar; Frank; Perez; Shaheen; Thierry.
STATEMENTS OF VOTE
When Record No. 1324 was taken, I was shown voting no. I intended to vote yes.
C. Bell
When Record No. 1324 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1324 was taken, I was shown voting no. I intended to vote yes.
Capriglione
When Record No. 1324 was taken, I was shown voting no. I intended to vote yes.
Clardy
When Record No. 1324 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1324 was taken, I was excused because of important business in the district. I would have voted no.
Frullo
When Record No. 1324 was taken, I was shown voting no. I intended to vote yes.
Price
HB 1938 ON THIRD READING
(by Deshotel)
HB 1938, A bill to be entitled An Act relating to the expiration date of a commercial driver's license; increasing a fee.
HB 1938 was passed by (Record 1325): 129 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; 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 — Cain; Middleton; Schaefer.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Martinez Fischer; Shaheen.
STATEMENTS OF VOTE
When Record No. 1325 was taken, I was shown voting yes. I intended to vote no.
Cyrier
When Record No. 1325 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1325 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 1681 ON THIRD READING
(by Ashby)
HB 1681, A bill to be entitled An Act relating to peer assistance programs for employees of local law enforcement agencies.
HB 1681 was passed by (Record 1326): 130 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bell, K.; Burrows; Davis, S.; Phelan; Shaheen.
STATEMENTS OF VOTE
When Record No. 1326 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1326 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 2143 ON THIRD READING
(by J. Turner, Wray, Darby, et al.)
HB 2143, A bill to be entitled An Act relating to the eligibility of a first responder for workers' compensation benefits for post-traumatic stress disorder.
HB 2143 was passed by (Record 1327): 129 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Biedermann; Davis, S.; Holland; Paddie; Shaheen; Wu.
STATEMENTS OF VOTE
When Record No. 1327 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1327 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1327 was taken, my vote failed to register. I would have voted yes.
Wu
HB 1607 ON THIRD READING
(by Goldman, Geren, Price, C. Turner, Miller, et al.)
HB 1607, A bill to be entitled An Act relating to a deduction under the franchise tax for certain contracts with the federal government.
HB 1607 was passed by (Record 1328): 126 Yeas, 6 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Smith; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Lang; Middleton; Morales; Ramos; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Shaheen; Stickland.
STATEMENTS OF VOTE
When Record No. 1328 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1328 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1328 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1328 was taken, I was shown voting yes. I intended to vote no.
Hinojosa
When Record No. 1328 was taken, I was shown voting no. I intended to vote yes.
Lang
When Record No. 1328 was taken, I was shown voting no. I intended to vote yes.
Middleton
HB 1771 ON THIRD READING
(by Thierry, Dutton, S. Thompson, Shaheen, and Miller)
HB 1771, A bill to be entitled An Act relating to a prohibition on prosecuting or referring to juvenile court certain persons for certain conduct constituting the offense of prostitution and to the provision of services to those persons.
HB 1771 was passed by (Record 1329): 132 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Shaheen; Thompson, E.
STATEMENTS OF VOTE
When Record No. 1329 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1329 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1329 was taken, my vote failed to register. I would have voted yes.
E. Thompson
HB 1493 ON THIRD READING
(by Krause)
HB 1493, A bill to be entitled An Act relating to weight limitations for over-the-road buses.
HB 1493 was passed by (Record 1330): 133 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Shaheen.
STATEMENTS OF VOTE
When Record No. 1330 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1330 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 2831 ON THIRD READING
(by Canales)
HB 2831, A bill to be entitled An Act relating to the service of notice of a special commissioners' hearing in an eminent domain proceeding.
HB 2831 was passed by (Record 1331): 123 Yeas, 9 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dutton; Farrar; Fierro; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Anchia; Capriglione; Flynn; Harris; Middleton; Miller; Ortega; Stucky; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Davis, Y.; Shaheen.
STATEMENTS OF VOTE
When Record No. 1331 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1331 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 2609 ON THIRD READING
(by K. King, M. González, and Bernal)
HB 2609, A bill to be entitled An Act relating to permissible teachers assigned to a bilingual education program and the permissible uses of the bilingual education allotment provided under the foundation school program.
HB 2609 was passed by (Record 1332): 128 Yeas, 4 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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 — Dean; González, J.; Morales; Ramos.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Coleman; Davis, S.; Rodriguez.
STATEMENTS OF VOTE
When Record No. 1332 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1332 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1332 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 2784 ON THIRD READING
(by Phelan, Romero, Blanco, and Burrows)
HB 2784, A bill to be entitled An Act relating to the creation of the Texas Industrial Workforce Apprenticeship Grant Program.
HB 2784 was passed by (Record 1333): 117 Yeas, 16 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Deshotel; Dutton; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.
Nays — Cain; Dean; Hefner; Krause; Landgraf; Lang; Leman; Patterson; Schaefer; Shaheen; Stickland; Swanson; Tinderholt; Toth; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Farrar.
STATEMENTS OF VOTE
When Record No. 1333 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1333 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 464 ON THIRD READING
(by Moody and Guillen)
HB 464, A bill to be entitled An Act relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.
HB 464 was passed by (Record 1334): 130 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Dutton; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allen; Davis, S.; Farrar; King, P.
STATEMENTS OF VOTE
When Record No. 1334 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1334 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 496 ON THIRD READING
(by Gervin-Hawkins, Bernal, and Allison)
HB 496, A bill to be entitled An Act relating to the placement of bleeding control stations in public schools and to required training of public school personnel and students.
HB 496 was passed by (Record 1335): 91 Yeas, 34 Nays, 2 Present, not voting.
Yeas — Allison; Anchia; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Darby; Davis, Y.; Dean; Deshotel; Dutton; Fierro; Flynn; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kuempel; Lambert; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Muñoz; Murphy; Neave; Oliverson; Ortega; Paul; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; Wilson; Wu; Zerwas; Zwiener.
Nays — Anderson; Biedermann; Burns; Cain; Craddick; Cyrier; Frank; Harris; Hefner; Kacal; King, P.; Klick; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Murr; Noble; Paddie; Parker; Patterson; Price; Schaefer; Shaheen; Smith; Springer; Swanson; Tinderholt; White; Wray; Zedler.
Present, not voting — Mr. Speaker(C); Vo.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allen; Coleman; Davis, S.; Farrar; González, J.; Israel; Larson; Morrison; Rodriguez.
STATEMENTS OF VOTE
When Record No. 1335 was taken, I was shown voting yes. I intended to vote no.
C. Bell
When Record No. 1335 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1335 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1335 was taken, I was in the house but away from my desk. I would have voted yes.
Israel
When Record No. 1335 was taken, I was shown voting no. I intended to vote yes.
Metcalf
When Record No. 1335 was taken, I was shown voting no. I intended to vote yes.
Parker
HB 324 ON THIRD READING
(by Murr)
HB 324, A bill to be entitled An Act relating to the prosecution of the criminal offense of improper relationship between educator and student.
HB 324 was passed by (Record 1336): 129 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allen; Coleman; Davis, S.; Dutton; Murphy; Rodriguez.
STATEMENTS OF VOTE
When Record No. 1336 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1336 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
HB 873 ON THIRD READING
(by Allen)
HB 873, A bill to be entitled An Act relating to behavior improvement plans and behavioral intervention plans for certain public school students and notification and documentation requirements regarding certain behavior management techniques.
HB 873 was passed by (Record 1337): 91 Yeas, 39 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Bailes; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; Kuempel; Lambert; Landgraf; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zerwas; Zwiener.
Nays — Anderson; Bell, C.; Bonnen; Buckley; Cain; Clardy; Cyrier; Frank; Goldman; Harris; Hefner; Holland; King, P.; Klick; Krause; Lang; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Schaefer; Shaheen; Smith; Springer; Stucky; Swanson; Tinderholt; VanDeaver; Wilson; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Ashby; Bowers; Davis, S.; Hunter; Stickland.
STATEMENTS OF VOTE
When Record No. 1337 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1337 was taken, I was shown voting yes. I intended to vote no.
Dean
When Record No. 1337 was taken, I was excused because of important business in the district. I would have voted no.
Frullo
When Record No. 1337 was taken, I was in the house but away from my desk. I would have voted no.
Hunter
When Record No. 1337 was taken, I was shown voting yes. I intended to vote no.
Kuempel
When Record No. 1337 was taken, I was shown voting no. I intended to vote yes.
Shaheen
When Record No. 1337 was taken, I was shown voting yes. I intended to vote no.
E. Thompson
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 1793 ON THIRD READING
(Longoria - House Sponsor)
SB 1793, A bill to be entitled An Act relating to purchasing and contracting by governmental entities; authorizing fees.
SB 1793 was passed by (Record 1338): 120 Yeas, 12 Nays, 1 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Cole; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Clardy; Cyrier; Krause; Lang; Noble; Patterson; Schaefer; Stickland; Swanson; Tinderholt; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Allen; Coleman; Davis, S.
STATEMENTS OF VOTE
When Record No. 1338 was taken, I was in the house but away from my desk. I would have voted yes.
Allen
When Record No. 1338 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1338 was taken, I was excused because of important business in the district. I would have voted yes.
Frullo
When Record No. 1338 was taken, I was shown voting yes. I intended to vote no.
Metcalf
RESOLUTIONS CALENDAR
The chair laid before the house the following resolutions on committee report:
HCR 135
(by G. Bonnen)
HCR 135, Relating to adopting a Joint Rule of the Senate and House of Representatives assigning to each bill passed by the legislature a legislative act number.
Amendment No. 1
Representative G. Bonnen offered the following amendment to HCR 135:
Amend HCR 135 (committee printing) as follows:
(1) On page 1, line 6, between "(a)" and "After", insert "Beginning in the 87th Regular Legislative Session,".
(2) On page 1, line 6, strike "After" and replace with "after".
Amendment No. 1 was adopted.
Amendment No. 2
Representative G. Bonnen offered the following amendment to HCR 135:
Amend HCR 135 as follows:
On page 1, line 7, strike "officer" and substitute "clerk".
On page 1, strike lines 8-15 and substitute the following:
"secretary of the senate will enroll the bill and shall assign a Texas Legislative Act number utilizing existing enrollment technology shared by both chambers."
On page 1, lines 16 and 17, strike "(c) The responsible officer shall then enroll the bill, including" and substitute:
"(b) Each enrolled bill shall include".
On page 1, line 22, strike "(d) Subsection (c)" and substitute "(c) Subsection (b)".
On page 2, line 1, strike "(e)" and substitute "(d)".
On page 2, lines 1 and 2, strike "by the director".
On page 2, strike lines 5-7 and substitute "(e) The Texas Legislative Act number shall be published and maintained in the electronic legislative information system for each enrolled bill enacted for each session and index".
Amendment No. 2 was adopted.
HCR 135, as amended, was adopted by (Record 1339): 129 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; 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, Y.; Dean; Deshotel; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Raney.
Present, not voting — Mr. Speaker(C); Rose.
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Davis, S.; Dutton; Middleton; Thompson, S.
STATEMENTS OF VOTE
When Record No. 1339 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1339 was taken, I was in the house but away from my desk. I would have voted yes.
Middleton
HR 1160
(by Parker)
HR 1160, Urging Congress to unite in bipartisan support for the ratification of the United States-Mexico-Canada Agreement.
HR 1160 was adopted by (Record 1340): 131 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Shine; Smith; 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.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Burrows; Davis, S.; Israel; Ortega.
STATEMENT OF VOTE
When Record No. 1340 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
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).
HB 2754 - MOTION TO SUSPEND RULES
AND RECONSIDER VOTE
Representative Coleman moved to suspend Rule 7, Section 37(a), of the House Rules and moved to reconsider the vote by which HB 2754 failed to pass by Record No. 1165 on May 8.
The vote of the house was taken on the motion to suspend rules and reconsider and the vote was announced yeas 91, nays 43.
A verification of the vote was requested and was granted.
The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 1341): 70 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Ashby; Bailes; Bell, K.; Bernal; Biedermann; Blanco; Bowers; Bucy; Burrows; Button; Cain; Calanni; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Gutierrez; Herrero; Hinojosa; Huberty; Israel; Johnson, J.D.; Krause; Kuempel; Lopez; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Oliverson; Parker; Ramos; Reynolds; Romero; Rose; Rosenthal; Shaheen; Sherman; Springer; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Allison; Anderson; Bell, C.; Bonnen; Buckley; Burns; Capriglione; Craddick; Cyrier; Flynn; Guillen; Harris; Hefner; Holland; Hunter; Kacal; King, P.; Klick; Landgraf; Lang; Larson; Leman; Lozano; Metcalf; Murr; Noble; Patterson; Paul; Phelan; Price; Raney; Schaefer; Swanson; Thompson, E.; Tinderholt; VanDeaver; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bohac; Canales; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lucio; Martinez; Martinez Fischer; Morales; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
The chair stated that the motion to suspend rules and reconsider was lost (not receiving the necessary two-thirds vote) by the above vote.
STATEMENTS OF VOTE
When Record No. 1341 was taken, I was shown voting yes. I intended to vote no.
K. Bell
When Record No. 1341 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1341 was taken, I temporarily out of the house chamber. I would have voted yes.
Deshotel
HB 374 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Allen called up with senate amendments for consideration at this time,
HB 374, A bill to be entitled An Act relating to meetings or visits between a defendant on community supervision and a supervision officer.
Representative Allen moved to concur in the senate amendments to HB 374.
The motion to concur in the senate amendments to HB 374 prevailed by (Record 1342): 106 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Flynn; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leman; Lopez; Lozano; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Springer; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bohac; Canales; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lucio; Martinez; Martinez Fischer; Morales; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
STATEMENTS OF VOTE
When Record No. 1342 was taken, I was shown voting yes. I intended to vote no.
Biedermann
When Record No. 1342 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1342 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
When Record No. 1342 was taken, I was shown voting yes. I intended to vote no.
Swanson
When Record No. 1342 was taken, I was shown voting yes. I intended to vote no.
Tinderholt
When Record No. 1342 was taken, I was shown voting yes. I intended to vote no.
Zedler
Senate Committee Substitute
CSHB 374, A bill to be entitled An Act relating to meetings or visits between a defendant on community supervision and a supervision officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 76, Government Code, is amended by adding Section 76.019 to read as follows:
Sec. 76.019. SUPERVISION OFFICER MEETINGS AND VISITS. (a) A department shall adopt a policy regarding the scheduling of meetings or visits with a defendant placed on community supervision and supervised by the department. The policy must require the officer supervising the defendant to take into consideration the defendant's work, treatment, or community service schedule, as applicable, when scheduling any required meetings or visits.
(b) A department may permit a defendant to report to the officer supervising the defendant by use of videoconference technology if the department determines that an in-person meeting or visit is unnecessary.
SECTION 2. Not later than January 1, 2020, each community supervision and corrections department shall adopt the policy required by Section 76.019, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.
HB 723 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Larson called up with senate amendments for consideration at this time,
HB 723, A bill to be entitled An Act relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins.
Representative Larson moved to concur in the senate amendments to HB 723.
The motion to concur in the senate amendments to HB 723 prevailed by (Record 1343): 106 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Flynn; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leman; Lopez; Lozano; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Springer; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bohac; Canales; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lucio; Martinez; Martinez Fischer; Morales; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
STATEMENTS OF VOTE
When Record No. 1343 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1343 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
Senate Committee Substitute
CSHB 723, A bill to be entitled An Act relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.012, Water Code, is amended by adding Subsection (h-1) to read as follows:
(h-1) Not later than December 1, 2022, the commission shall obtain or develop updated water availability models for the Brazos River, Neches River, Red River, and Rio Grande river basins. The commission may collect data from all jurisdictions that allocate the waters of the rivers, including jurisdictions outside this state. This subsection expires September 1, 2023.
SECTION 2. The Texas Commission on Environmental Quality is required to implement a provision of 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 a provision of this Act using other appropriations available for that purpose.
SECTION 3. This Act takes effect September 1, 2019.
HB 306 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Herrero called up with senate amendments for consideration at this time,
HB 306, A bill to be entitled An Act relating to the creation of an open burn pit registry for certain service members and veterans.
Representative Herrero moved to concur in the senate amendments to HB 306.
The motion to concur in the senate amendments to HB 306 prevailed by (Record 1344): 104 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Flynn; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leman; Lopez; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Springer; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Sherman.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bohac; Canales; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lozano; Lucio; Martinez; Martinez Fischer; Morales; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
STATEMENTS OF VOTE
When Record No. 1344 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1344 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
When Record No. 1344 was taken, I was in the house but away from my desk. I would have voted yes.
Lozano
Senate Committee Substitute
CSHB 306, A bill to be entitled An Act relating to the creation of an open burn pit registry for certain service members and veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Service Member and Veteran Open Burn Pit Registry Act.
SECTION 2. Subtitle D, Title 2, Health and Safety Code, is amended by adding Chapter 99 to read as follows:
CHAPTER 99. OPEN BURN PIT REGISTRY
Sec. 99.001. DEFINITIONS. In this chapter:
(1) "Airborne hazard" means an airborne environmental contaminant, including open burn pit smoke, oil well fire smoke, sand, dust, or other particles, that may cause short-term or long-term health effects to a person exposed to the contaminant.
(2) "Open burn pit," also known as an "open air burn pit," means a site used for solid waste disposal by burning the waste in the outdoor air without the use of a commercially manufactured incinerator or other equipment specifically designed and manufactured for burning solid waste.
(3) "Service member" means an individual who is currently serving in:
(A) the armed forces of the United States;
(B) an auxiliary service of one of the armed forces of the United States, including the National Guard; or
(C) the state military forces as defined by Section 431.001, Government Code.
(4) "Veteran" means an individual who served in:
(A) the armed forces of the United States;
(B) an auxiliary service of one of the armed forces of the United States, including the National Guard; or
(C) the state military forces as defined by Section 431.001, Government Code.
Sec. 99.002. RULES; MEMORANDUM OF UNDERSTANDING. (a) The executive commissioner shall adopt the rules necessary to administer this chapter and may enter into a memorandum of understanding with the United States Department of Veterans Affairs as necessary to administer this chapter.
(b) A memorandum of understanding entered into under Subsection (a) must ensure that the United States Department of Veterans Affairs will maintain the confidentiality of a service member or veteran's personally identifying information that is submitted by the department to the Department of Veterans Affairs under this chapter.
Sec. 99.003. OPEN BURN PIT REGISTRY. (a) For outreach and education related to exposure to open burn pit smoke or other airborne hazards by service members and veterans in this state, the department shall create and maintain an open burn pit registry of service members and veterans who were exposed to open burn pit smoke or other airborne hazards during their military service in:
(1) the Southwest Asia theater of operations on or after August 2, 1990;
(2) Operation Desert Shield or Desert Storm;
(3) Djibouti, Africa, on or after September 11, 2001;
(4) Operation Enduring Freedom, Iraqi Freedom, or New Dawn; or
(5) any other conflict or theater identified by the United States Department of Veterans Affairs.
(b) The department shall include for each entry in the open burn pit registry:
(1) the service member's or veteran's name, address, telephone number, and e-mail address;
(2) the location of the service member's or veteran's service and the period of service;
(3) any medical condition or death of the service member or veteran that may be related to exposure to open burn pit smoke or other airborne hazards; and
(4) any other information that the department or the United States Department of Veterans Affairs considers necessary.
(c) The department shall:
(1) share the information included in the department's open burn pit registry with the United States Department of Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and
(2) electronically link the open burn pit registry created under this chapter with the federal registry.
Sec. 99.004. VOLUNTARY REGISTRATION. A service member or veteran described by Section 99.003, or a family member of that service member or veteran, may voluntarily register a case of exposure to open burn pit smoke or other airborne hazards with the department for inclusion in the registry.
Sec. 99.005. CONFIDENTIALITY. Entries and information obtained under this chapter are confidential and are not subject to disclosure under Chapter 552, Government Code, are not subject to subpoena, and may not otherwise be released or made public except to the United States Department of Veterans Affairs as provided by Section 99.003.
Sec. 99.006. OPEN BURN PIT INFORMATION. The department, with the assistance of the Texas Veterans Commission, shall develop and include on its Internet website information to inform service members, veterans, and their families about the:
(1) registration and use of the department's open burn pit registry and the United States Department of Veterans Affairs Airborne Hazards and Open Burn Pit Registry;
(2) most recent scientific developments on the health effects of exposure to open burn pit smoke and other airborne hazards and the status of any illness or condition that is presumed to be caused by exposure to open burn pit smoke or other airborne hazards as designated by the United States Department of Veterans Affairs;
(3) availability of any treatment offered by the United States Department of Veterans Affairs for an illness or condition that may be caused by exposure to open burn pit smoke or other airborne hazards;
(4) process for applying to the United States Department of Veterans Affairs for service-related disability compensation for an illness or condition that may be related to exposure to open burn pit smoke or other airborne hazards, including the methods for documenting the illness or condition; and
(5) manner of appealing to the United States Department of Veterans Affairs an existing service-related disability rating decision or requesting an increased service-related disability rating based on an illness or condition that may be related to exposure to open burn pit smoke or other airborne hazards.
Sec. 99.007. REPORT. Not later than December 1 of each even-numbered year following the creation of the registry, the department shall submit a report to the appropriate standing committees of the house of representatives and senate that includes:
(1) an assessment of the effectiveness of collection and maintenance of information on the health effects of exposure to open burn pit smoke and other airborne hazards; and
(2) any recommendation to improve the collection and maintenance of information about the health effects of exposure to open burn pit smoke and other airborne hazards.
SECTION 3. (a) Not later than March 1, 2020, the executive commissioner of the Health and Human Services Commission shall adopt the rules and enter into any memorandum of understanding necessary to administer this Act.
(b) Notwithstanding Section 99.007, Health and Safety Code, as added by this Act, the Department of State Health Services shall submit an initial report under that section not later than December 1, 2020.
SECTION 4. The Department of State Health Services is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the department may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 5. This Act takes effect September 1, 2019.
HB 1525 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Burrows called up with senate amendments for consideration at this time,
HB 1525, A bill to be entitled An Act relating to the administration and collection of sales and use taxes applicable to sales involving marketplace providers.
Representative Burrows moved to concur in the senate amendments to HB 1525.
The motion to concur in the senate amendments to HB 1525 prevailed by (Record 1345): 103 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Flynn; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leman; Lopez; Lozano; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Ramos; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Raney; Springer.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bohac; Canales; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lucio; Martinez; Martinez Fischer; Morales; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
STATEMENTS OF VOTE
When Record No. 1345 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1345 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
Senate Committee Substitute
CSHB 1525, A bill to be entitled An Act relating to the administration and collection of sales and use taxes applicable to sales involving marketplace providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.008(b), Tax Code, is amended to read as follows:
(b) "Seller" and "retailer" include:
(1) a person in the business of making sales at auction of tangible personal property owned by the person or by another;
(2) a person who makes more than two sales of taxable items during a 12-month period, including sales made in the capacity of an assignee for the benefit of creditors or receiver or trustee in bankruptcy;
(3) a person regarded by the comptroller as a seller or retailer under Section 151.024;
(4) a hotel, motel, or owner or lessor of an office or residential building or development that contracts and pays for telecommunications services for resale to guests or tenants;
(5) a person who engages in regular or systematic solicitation of sales of taxable items in this state by the distribution of catalogs, periodicals, advertising flyers, or other advertising, by means of print, radio, or television media, or by mail, telegraphy, telephone, computer data base, cable, optic, microwave, or other communication system for the purpose of effecting sales of taxable items; [and]
(6) a person who, under an agreement with another person, is:
(A) entrusted with possession of tangible personal property with respect to which the other person has title or another ownership interest; and
(B) authorized to sell, lease, or rent the property without additional action by the person having title to or another ownership interest in the property; and
(7) a person who is a marketplace provider under Section 151.0242.
SECTION 2. Subchapter B, Chapter 151, Tax Code, is amended by adding Section 151.0242 to read as follows:
Sec. 151.0242. MARKETPLACE PROVIDERS AND MARKETPLACE SELLERS. (a) In this section:
(1) "Marketplace" means a physical or electronic medium through which persons other than the owner or operator of the medium make sales of taxable items. The term includes a store, Internet website, software application, or catalog.
(2) "Marketplace provider" means a person who owns or operates a marketplace and directly or indirectly processes sales or payments for marketplace sellers.
(3) "Marketplace seller" means a seller, other than the marketplace provider, who makes a sale of a taxable item through a marketplace.
(b) Except as otherwise provided by this section, a marketplace provider has the rights and duties of a seller or retailer under this chapter with respect to sales made through the marketplace.
(c) A marketplace provider shall:
(1) certify to each marketplace seller that the marketplace provider assumes the rights and duties of a seller or retailer under this chapter with respect to sales made by the marketplace seller through the marketplace;
(2) collect in the manner provided by Subchapters C and D the taxes imposed by this chapter on sales of taxable items made through the marketplace; and
(3) report and remit under Subchapter I the taxes imposed by this chapter on all sales made through the marketplace.
(d) A marketplace seller who in good faith accepts a marketplace provider's certification under Subsection (c)(1) shall exclude sales made through the marketplace from the marketplace seller's report under Subchapter I, notwithstanding Section 151.406.
(e) A marketplace seller shall retain records for all marketplace sales as required by Section 151.025.
(f) A marketplace seller shall furnish to the marketplace provider information that is required to correctly collect and remit taxes imposed by this chapter. The information may include a certification of taxability that an item being sold is a taxable item, is not a taxable item, or is exempt from taxation.
(g) Except as provided by Subsection (h), a marketplace provider is not liable for failure to collect and remit the correct amount of taxes imposed by this chapter if the marketplace provider demonstrates that the failure resulted from the marketplace provider's good faith reliance on incorrect or insufficient information provided by the marketplace seller. The marketplace seller is liable for a deficiency resulting from incorrect or insufficient information provided by the marketplace seller.
(h) A marketplace provider and marketplace seller that are affiliates or associates, as defined by Section 1.002, Business Organizations Code, are jointly and severally liable for a deficiency resulting from a sale made by the marketplace seller through the marketplace.
(i) This section does not affect the tax liability of a purchaser under Section 151.052 or 151.102.
(j) A court may not certify an action brought against a marketplace provider concerning this section as a class action.
(k) The comptroller may adopt rules and forms to implement this section and by rule except certain marketplace providers from some or all of the requirements of this section.
SECTION 3. Section 321.203, Tax Code, is amended by adding Subsection (e-1) to read as follows:
(e-1) Notwithstanding any other provision of this section, a sale of a taxable item made by a marketplace seller through a marketplace as provided by Section 151.0242 is consummated at the location in this state to which the item is shipped or delivered or at which possession is taken by the purchaser.
SECTION 4. Section 323.203, Tax Code, is amended by adding Subsection (e-1) to read as follows:
(e-1) Notwithstanding any other provision of this section, a sale of a taxable item made by a marketplace seller through a marketplace as provided by Section 151.0242 is consummated at the location in this state to which the item is shipped or delivered or at which possession is taken by the purchaser.
SECTION 5. The changes in law made by this Act do not affect tax liability accruing before the effective date of this Act. That liability continues in effect as if this Act had not been enacted, and the former law is continued in effect for the collection of taxes due and for civil and criminal enforcement of the liability for those taxes.
SECTION 6. This Act takes effect October 1, 2019.
HB 1520 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative S. Thompson called up with senate amendments for consideration at this time,
HB 1520, A bill to be entitled An Act relating to the continuation and functions of the Texas State Board of Public Accountancy.
Representative S. Thompson moved to concur in the senate amendments to HB 1520.
The motion to concur in the senate amendments to HB 1520 prevailed by (Record 1346): 104 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Flynn; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Hefner; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leman; Lopez; Lozano; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Parker; Patterson; Paul; Phelan; Price; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Springer; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Ashby; Bohac; Canales; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lucio; Martinez; Martinez Fischer; Morales; Oliverson; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
STATEMENTS OF VOTE
When Record No. 1346 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1346 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
Senate Committee Substitute
CSHB 1520, A bill to be entitled An Act relating to the continuation and functions of the Texas State Board of Public Accountancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 901.006, Occupations Code, is amended to read as follows:
Sec. 901.006. APPLICATION OF SUNSET ACT. The Texas State Board of Public Accountancy is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2031 [2019].
SECTION 2. Section 901.059, Occupations Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b) The training program must provide the person with information regarding:
(1) the law governing board operations [this chapter];
(2) the programs, functions, rules, and budget of [operated by] the board;
(3) [the role and functions of the board;
[(4)] the scope of and limitations on the rulemaking authority [rules] of the board[, with an emphasis on the rules that relate to disciplinary and investigatory authority];
(4) the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in a profession or business the board regulates;
(B) restricts advertising by persons in a profession or business the board regulates;
(C) affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D) restricts participation in a profession or business the board regulates;
(5) [the current budget for the board;
[(6)] the results of the most recent formal audit of the board;
(6) [(7)] the requirements of:
(A) laws relating to [the] open meetings, [law, Chapter 551, Government Code;
[(B)
the] public information, [law, Chapter 552, Government Code;
[(C)
the] administrative procedure, and disclosure of conflicts of interest [law, Chapter 2001, Government Code]; and
(B) [(D)] other laws applicable to members of the board in performing their duties [relating to public officials, including conflict-of-interest laws]; and
(7) [(8)] any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(d) The executive director of the board shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the board. Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 3. Subchapter D, Chapter 901, Occupations Code, is amended by adding Sections 901.164 and 901.169 to read as follows:
Sec. 901.164. OUTSIDE LEGAL COUNSEL. The board may not contract with outside legal counsel to provide legal services to the board, including representation of the board in a matter referred to the State Office of Administrative Hearings, unless the contract is approved by the attorney general as provided by Section 402.0212, Government Code, regardless of the source of money to be used to pay the outside counsel.
Sec. 901.169. CRIMINAL HISTORY RECORD INFORMATION. (a) The board shall require an individual to submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation if:
(1) the individual has not previously submitted fingerprints for the purpose of the board obtaining criminal history record information; and
(2) the individual:
(A) is an applicant to take the uniform CPA examination;
(B) is an applicant for a certificate;
(C) is an owner or seeks to become an owner of a certified public accountancy firm and the individual is not a license holder, if requested by the board under Section 901.354(e);
(D) is an applicant for a license under Subchapter I; or
(E) is an applicant for renewal of a license under Subchapter I, unless the applicant is an individual who does not engage in the practice of public accountancy because of retirement or permanent disability.
(b) The board may not allow an individual to take the uniform CPA examination or issue a certificate or license to an individual who does not comply with the requirement of Subsection (a).
(c) The board may administratively suspend or refuse to renew the license of an individual who is an applicant for renewal of a license under Subchapter I and who does not comply with the requirement of Subsection (a).
(d) The board shall require a license holder who qualified for an exemption described by Subsection (a)(2)(E) to comply with the requirement of Subsection (a) if the license holder no longer qualifies for the exemption.
(e) The board shall conduct a criminal history record information check of each individual required to submit fingerprints under Subsection (a) using information:
(1) provided by the individual under this section; and
(2) made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(f) The board may:
(1) enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2) authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
SECTION 4. Section 901.203, Occupations Code, is amended to read as follows:
Sec. 901.203. COMPLAINT INFORMATION. (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition [a file on each written complaint filed with the board. The file must include:
[(1)
the name of the person who filed the complaint;
[(2)
the date the complaint is received by the board;
[(3)
the subject matter of the complaint;
[(4)
the name of each person contacted in relation to the complaint;
[(5)
a summary of the results of the review or investigation of the complaint; and
[(6)
an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint].
(b) The board shall make information available describing its [provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and] procedures for [relating to] complaint investigation and resolution.
(c) The board[, at least quarterly until final disposition of the complaint,] shall periodically notify the [person filing the] complaint parties [and each person who is a subject of the complaint] of the status of the complaint until final disposition [investigation] unless the notice would jeopardize an undercover investigation.
SECTION 5. Section 901.204, Occupations Code, is amended by adding Subsections (c), (d), and (e) to read as follows:
(c) The board shall include on the agenda of each regular board meeting an opportunity for public comment on each agenda item or other issue before the board makes a decision on the item or issue, except as otherwise provided by Subsection (d).
(d) The board may prohibit public comment at a meeting of the board regarding an active investigation or enforcement proceeding by the board.
(e) The board may not require a person who wishes to make a public comment at a meeting of the board to notify the board in advance of the meeting.
SECTION 6. Section 901.252, Occupations Code, is amended to read as follows:
Sec. 901.252. ELIGIBILITY REQUIREMENTS. To be eligible to receive a certificate, a person must:
(1) satisfy the requirements of [be of good moral character as determined under] Section 901.253;
(2) meet the education requirements established under Section 901.254 or 901.255;
(3) pass the uniform CPA examination;
(4) meet the work experience requirements established under Section 901.256; and
(5) pass an examination on the rules of professional conduct as determined by board rule.
SECTION 7. The heading to Section 901.253, Occupations Code, is amended to read as follows:
Sec. 901.253. BACKGROUND [CHARACTER] INVESTIGATION.
SECTION 8. Section 901.253(a), Occupations Code, is amended to read as follows:
(a) The board shall ensure that an applicant to take the uniform CPA examination or to receive a certificate lacks a [is of good moral character as demonstrated by a lack of] history of dishonest or felonious acts. The board shall require each applicant to comply with the requirements of Section 901.169(a).
SECTION 9. Section 901.309, Occupations Code, is amended to read as follows:
Sec. 901.309. REEXAMINATION. A person who fails all or part of an examination may apply for a subsequent examination, subject to the board's satisfaction that the person meets the requirements of this chapter relating to the person's background investigation [moral character] and education.
SECTION 10. Sections 901.351(a-1), (b), and (e), Occupations Code, are amended to read as follows:
(a-1) A firm is required to hold a firm license under this subchapter if the firm [:
[(1)] establishes or maintains an office in this state [; or
[(2) performs for an entity with its principal office in this state:
[(A) a financial statement audit or other engagement that is to be performed in accordance with the Statements on Auditing Standards;
[(B) an examination of prospective financial information that is to be performed in accordance with the Statements on Standards for Attestation Engagements; or
[(C) an engagement that is to be performed in accordance with auditing standards of the Public Company Accounting Oversight Board or its successor].
(b) The board shall grant or renew a firm license to practice as a certified public accountancy firm to:
(1) a firm that applies and demonstrates the necessary qualifications in accordance with this subchapter; or
(2) a firm originally licensed as a certified public accountancy firm in another state that [:
[(A) is required to hold a firm license under Subsection (a-1); and
[(B)] demonstrates the necessary qualifications in accordance with this subchapter.
(e) The board by rule shall specify:
(1) the form of the application for a firm license;
(2) the fee for an original or renewal firm license, which may be based on the number of owners, members, partners, shareholders, or employee license holders in this state, not to exceed $25 for each of those persons; [and]
(3) the term of a firm license; and
(4) the requirements for renewal of a firm license.
SECTION 11. Section 901.353(a), Occupations Code, is amended to read as follows:
(a) An office established or maintained in this state by a firm of certified public accountants, a firm of public accountants, or a person described by Section 901.355 must designate [be under the direct supervision of] a resident manager who is responsible for the license of the firm or person, as applicable. The resident manager must be [who]:
(1) [is] an owner, member, partner, shareholder, or employee of the firm or person that occupies the office; and
(2) [is] licensed under this chapter.
SECTION 12. Sections 901.354(b), (e), and (f), Occupations Code, are amended to read as follows:
(b) A certified public accountancy firm may include individuals as owners who are not license holders if:
(1) the firm designates to the board as responsible for the firm's license [and the supervision of the firm:
[(A)] a license holder who resides in this state[; or
[(B)
if the firm is required under Section 901.351(a-1)(2) to hold a firm license, an individual practicing under a privilege under Section 901.462];
(2) each owner who is not a license holder and who is a resident of this state as determined by board rule:
(A) is actively involved in the firm or an affiliated entity;
(B) lacks a [is of good moral character as demonstrated by a lack of] history of dishonest or felonious acts;
(C) [holds a baccalaureate or graduate degree conferred by a college or university acceptable to the board or equivalent education as determined by the board;
[(D)] maintains any professional designation held by the individual in good standing with the appropriate organization or regulatory body that is identified or used in an advertisement, letterhead, business card, or other firm-related communication;
(D) [(E)] has passed an examination on the rules of professional conduct as determined by board rule; and
(E) [(F)] complies with the rules of professional conduct as determined by board rule; [and
[(G)
maintains professional continuing education applicable to license holders as required by board rule;] and
(3) the firm and the owners who are not license holders comply with board disciplinary actions and other requirements the board may impose by rule.
(e) The board may require an individual who is not a license holder under this chapter to comply with the requirement of Section 901.169(a) [submit a complete set of fingerprints]. If the individual does not comply with the requirement of that subsection [provide the complete set of fingerprints] on request, the board may refuse to allow that individual to become an owner of a certified public accountancy firm and may cancel or refuse to issue or renew a firm license to the firm.
(f) An applicant for issuance or renewal of a firm license under this section must register each office of the firm in this state and show that all attest services performed in this state [and each office in this state] are under the supervision of a person who holds a certificate issued under this chapter or by another state.
SECTION 13. Section 901.402(a), Occupations Code, is amended to read as follows:
(a) On payment of the required fees, the board shall issue a license to an applicant who complies with the requirement of Section 901.169(a) and:
(1) holds a certificate issued under this chapter; or
(2) holds a firm license issued under this chapter.
SECTION 14. Section 901.403, Occupations Code, is amended by adding Subsection (c) to read as follows:
(c) The board shall require an applicant for renewal of a license to comply with the requirement of Section 901.169(a).
SECTION 15. The heading to Section 901.409, Occupations Code, is amended to read as follows:
Sec. 901.409. FEE REDUCTION FOR RETIRED PERSONS OR [DISABLED] PERSONS WITH DISABILITIES.
SECTION 16. Section 901.411(d), Occupations Code, is amended to read as follows:
(d) The board by rule may exempt certain license holders, including license holders who are persons with disabilities [disabled], retired, or not associated with accounting, as defined by board rule, from all or part of the requirements of this section.
SECTION 17. Section 901.451(c), Occupations Code, is amended to read as follows:
(c) The title or designation "certified public accountant" and the abbreviation "CPA" may not be used in connection with an office that does not meet the requirements of Sections 901.353 and 901.354 [is required to be under the supervision of a resident manager under Section 901.353 unless the resident manager holds a certificate and a license issued under this chapter].
SECTION 18. Sections 901.461(a) and (b), Occupations Code, are amended to read as follows:
(a) A certified public accountancy firm that is not licensed in this state but is licensed [and has its primary place of business] in another state [and is not required to hold a firm license under Section 901.351(a-1)] may practice in this state without a firm license or notice to the board if the firm's practice in this state is performed by an individual who holds a license under this chapter or who practices under a privilege under Section 901.462.
(b) A firm described by Subsection (a) may exercise all the practice privileges of a firm license holder, except that the firm [:
[(1) may not perform the services described by Section 901.351(a-1); and
[(2)] may perform the services described by Section 901.002(a)(1) [Sections 901.002(a)(1)(B) and (D)] for an entity with its home office in this state only if:
(1) [(A)] the firm meets the ownership requirements of Sections 901.354(a) and (b);
(2) [(B)] the firm complies with the board's peer review program under Section 901.159; and
(3) [(C)] the services are performed by an individual who holds a license under this chapter or practices under a privilege under Section 901.462.
SECTION 19. Subchapter M, Chapter 901, Occupations Code, is amended by adding Section 901.6011 to read as follows:
Sec. 901.6011. INJUNCTIVE RELIEF. (a) The attorney general at the request of the board may petition a district court for an injunction to prohibit a person who is violating this chapter from continuing the violation.
(b) Venue in a suit for injunctive relief is in Travis County.
(c) After application and a finding that a person is violating this chapter, the district court shall grant the injunctive relief the facts warrant.
SECTION 20. Section 901.656(a), Occupations Code, is amended to read as follows:
(a) The board[, in consultation with the advisory committee appointed under Section 901.657,] shall determine the maximum amount of any scholarship awarded under this subchapter. The scholarship may be spent by the recipient on the expenses for tuition, fees, books, supplies, and living expenses incurred by the student in connection with the student's fifth year of an accounting program. Scholarships shall be made available to eligible students attending:
(1) any institution of higher education; or
(2) any nonprofit independent institution approved by the Texas Higher Education Coordinating Board under Section 61.222, Education Code.
SECTION 21. The following provisions of the Occupations Code are repealed:
(1) Section 901.163;
(2) Sections 901.253(b) and (c);
(3) Section 901.351(d);
(4) Section 901.462(e); and
(5) Section 901.657.
SECTION 22. (a) Except as provided by Subsection (b) of this section, Section 901.059, Occupations Code, as amended by this Act, applies to a member of the Texas State Board of Public Accountancy appointed before, on, or after the effective date of this Act.
(b) A member of the Texas State Board of Public Accountancy who, before the effective date of this Act, completed the training program required by Section 901.059, Occupations Code, as that law existed before the effective date of this Act, is only required to complete additional training on the subjects added by this Act to the training program required by Section 901.059, Occupations Code. A board member described by this subsection may not vote, deliberate, or be counted as a member in attendance at a meeting of the board held on or after December 1, 2019, until the member completes the additional training.
(c) Section 901.164, Occupations Code, as added by this Act, applies only to an original contract entered into on or after the effective date of this Act. An original contract entered into before the effective date of this Act 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.
(d) The Texas State Board of Public Accountancy shall require each applicant for renewal of a license under Subchapter I, Chapter 901, Occupations Code, to first comply with the requirement of Section 901.169(a), Occupations Code, as added by this Act, not later than September 1, 2021. Notwithstanding Sections 901.169(a)(2)(E) and 901.403(c), Occupations Code, as added by this Act, an applicant for renewal of a license is not required to comply with Section 901.169(a) until first required to by the board as provided by this subsection.
(e) Section 901.203, Occupations Code, as amended by this Act, applies only to a complaint filed with the Texas State Board of Public Accountancy on or after the effective date of this Act. A complaint filed before the effective date of this Act is governed by the law in effect on the date the complaint was filed, and the former law is continued in effect for that purpose.
(f) Sections 901.252, 901.253, and 901.309, Occupations Code, as amended by this Act, apply only to an application submitted to the Texas State Board of Public Accountancy on or after the effective date of this Act. An application submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.
(g) As soon as possible after the effective date of this Act, the Texas State Board of Public Accountancy shall adopt or amend any rules necessary to implement the changes in law made by this Act to Chapter 901, Occupations Code.
SECTION 23. This Act takes effect September 1, 2019.
HB 1067 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Ashby called up with senate amendments for consideration at this time,
HB 1067, A bill to be entitled An Act relating to the omission of a deceased candidate from the ballot in certain elections.
Representative Ashby moved to concur in the senate amendments to HB 1067.
The motion to concur in the senate amendments to HB 1067 prevailed by (Record 1347): 104 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Flynn; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leman; Lopez; Lozano; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Springer; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Hefner.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bohac; Canales; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lucio; Martinez; Martinez Fischer; Morales; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
STATEMENTS OF VOTE
When Record No. 1347 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1347 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
Senate Committee Substitute
CSHB 1067, A bill to be entitled An Act relating to the omission of a deceased candidate from the ballot in certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 145.096(a), Election Code, is amended to read as follows:
(a) Except as provided by Subsection (b) or Section 145.098(b), a candidate's name shall be placed on the ballot if the candidate:
(1) dies on or after the second day before the deadline for filing the candidate's application for a place on the ballot;
(2) is declared ineligible after 5 p.m. of the fifth day after the deadline for filing the candidate's application for a place on the ballot, in an election subject to Section 145.092(a);
(3) is declared ineligible after 5 p.m. of the 57th day before election day, in an election subject to Section 145.092(b); or
(4) is declared ineligible after 5 p.m. of the 71st day before election day, in an election subject to Section 145.092(f).
SECTION 2. Section 145.098, Election Code, is amended to read as follows:
Sec. 145.098. WITHDRAWAL OR DEATH OF CANDIDATE BEFORE BALLOTS ARE PREPARED. (a) If a candidate files a withdrawal request after the deadline prescribed by Section 145.092, and the candidate complies with each requirement under Section 145.001 except that the candidate's filing to withdraw is untimely, the authority responsible for preparing the ballots may choose to omit the candidate from the ballot if the ballots have not been prepared at the time the candidate files the withdrawal request.
(b) If a candidate dies on or before the deadline for filing an application for a place on the ballot:
(1) the authority responsible for preparing the ballots may choose to omit the candidate from the ballot; and
(2) if the authority omits the candidate's name under Subdivision (1), the filing deadline for an application for a place on the ballot for the office sought by the candidate is extended until the fifth day after the filing deadline.
SECTION 3. The changes in law made by this Act apply only to an election for which an application for a place on the ballot is due on or after the effective date of this Act.
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, 2019.
HB 1422 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Stucky called up with senate amendments for consideration at this time,
HB 1422, A bill to be entitled An Act relating to the continuation and functions of the Texas Historical Commission.
Representative Stucky moved to concur in the senate amendments to HB 1422.
The motion to concur in the senate amendments to HB 1422 prevailed by (Record 1348): 98 Yeas, 7 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier; Davis, Y.; Flynn; Frank; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leman; Lopez; Lozano; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morrison; Muñoz; Murphy; Neave; Noble; Parker; Patterson; Paul; Phelan; Price; Ramos; Raney; Reynolds; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sherman; Springer; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Biedermann; Cain; Hefner; Middleton; Murr; Oliverson; Toth.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Beckley; Dominguez; Frullo; Harless; Howard; Johnson, E.; King, K.; King, T.; Leach; Nevárez; Pacheco; Sanford; Sheffield; Smithee.
Absent — Bohac; Canales; Coleman; Darby; Davis, S.; Dean; Deshotel; Dutton; Farrar; Fierro; Geren; Guerra; Hernandez; Johnson, J.E.; Lambert; Longoria; Lucio; Martinez; Martinez Fischer; Morales; Ortega; Paddie; Perez; Raymond; Rodriguez; Shine; Smith; Stephenson; Stickland; Vo.
STATEMENTS OF VOTE
When Record No. 1348 was taken, I was in the house but away from my desk. I would have voted yes.
S. Davis
When Record No. 1348 was taken, I was in the house but away from my desk. I would have voted yes.
Deshotel
Senate Committee Substitute
CSHB 1422, A bill to be entitled An Act relating to the continuation and functions of the Texas Historical Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.002(k), Government Code, is amended to read as follows:
(k) The Texas Historical Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2031 [2019].
SECTION 2. Section 442.0021, Government Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b) The training program must provide the person with information regarding:
(1) the law governing [legislation that created the] commission operations;
(2) the programs, functions, rules, and budget of the commission;
(3) the scope of and limitations on the rulemaking authority of the commission;
(4) the results of the most recent formal audit of the commission;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B) other laws applicable to members of the commission in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(d) The executive director of the commission shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 3. Subchapter A, Chapter 442, Government Code, is amended by adding Sections 442.0045 and 442.0088 to read as follows:
Sec. 442.0045. DELEGATION OF CERTAIN POWERS AND DUTIES. (a) Except as provided by Subsection (b), the commission by order or rule may delegate to the executive director the authority to perform the duties or exercise the powers of the commission under this chapter or other law, including Chapter 191, Natural Resources Code.
(b) The commission may not delegate to the executive director the following powers and duties:
(1) proposing and adopting commission policies and rules;
(2) developing and approving the commission's strategic plan under Chapter 2056 and annual operations plan and periodically updating and reviewing those plans;
(3) approving the commission's legislative appropriations request;
(4) approving the commission's biennial budget and any significant amendments to that budget;
(5) approving the statewide comprehensive preservation plan;
(6) providing information to the legislature regarding the commission's budget and policies;
(7) hiring, evaluating, terminating, and setting the compensation of the executive director;
(8) formally accepting gifts and grants to the commission;
(9) establishing advisory committees and appointing the members of those committees;
(10) designating, and removing the designation of, State Archeological Landmarks;
(11) excusing a commissioner's absence from a meeting of the commission;
(12) approving the designation and removal of Recorded Texas Historic Landmarks, historic cemeteries, and Official Texas Historical Markers;
(13) designating official main street cities;
(14) awarding historic courthouse preservation program grants, certified local government grants, Texas preservation trust fund account grants, and all other grants;
(15) selecting the winners of the governor's award for historic preservation and other competitive statewide awards awarded by the commission;
(16) approving curatorial facilities to hold state-associated collections that are held in trust;
(17) acquiring and disposing of real property;
(18) establishing fees for commission services;
(19) approving amendments to contracts entered into by the commission if the amendment extends the contract by six or more months or increases the contract price by 10 percent or more;
(20) identifying and defining the relationship between the commission and any affiliated nonprofit organization;
(21) raising issues regarding the performance of the commission's staff and the operation of agency programs with the chair, the executive director, or the appropriate deputy executive director;
(22) determining whether a property offered to the commission should be accepted into the commission's land banking program or as a historic site; and
(23) recommending, in partnership with the Texas State Historical Association, a nominee for appointment by the governor as state historian.
(c) A delegation under this section may be amended or withdrawn by commission vote.
Sec. 442.0088. TEXAS HERITAGE TRAILS PROGRAM. (a) The Texas Historical Commission may establish and administer the Texas Heritage Trails Program to promote tourism to heritage and cultural attractions in this state.
(b) The commission may contract with one or more nonprofit organizations to fulfill the commission's duties under this section.
(c) The commission shall adopt rules to administer the Texas Heritage Trails Program, including rules defining the principles of heritage tourism and relating to contracts the commission enters into with nonprofit organizations. Rules adopted under this subsection relating to contracts with nonprofit organizations must require each contract to clearly establish:
(1) the role of the nonprofit organization in promoting heritage tourism;
(2) the nature of the relationship between the commission and the nonprofit organization;
(3) the performance expectations for the nonprofit organization;
(4) requirements and expectations regarding the nonprofit organization's employees;
(5) the commission's expectations regarding ownership of any literature, media, or other products developed or produced by the nonprofit organization to promote heritage tourism during the course of the contract;
(6) the commission's long-term goals for the program and the nonprofit organization's role in meeting those goals;
(7) a system for evaluating the nonprofit organization's overall performance, including the organization's effectiveness in meeting the performance expectations described by Subdivision (3); and
(8) the types of support, other than financial support, the commission will provide to the nonprofit organization to assist in the implementation and administration of the Texas Heritage Trails Program.
SECTION 4. Section 442.072(a), Government Code, is amended to read as follows:
(a) The following historic sites and parks are under the commission's jurisdiction:
(1) Acton State Historic Site;
(2) Caddoan Mounds State Historic Site;
(3) Casa Navarro State Historic Site;
(4) Confederate Reunion Grounds State Historic Site;
(5) Eisenhower Birthplace State Historic Site;
(6) Fannin Battleground State Historic Site;
(7) Fanthorp Inn State Historic Site;
(8) Fort Griffin State Historic Site;
(9) [(8)] Fort Lancaster State Historic Site;
(10) [(9)] Fort McKavett State Historic Site;
(11) [(10)] Fulton Mansion State Historic Site;
(12) [(11)] Landmark Inn State Historic Site;
(13) [(12)] Levi Jordan State Historic Site;
(14) Lipantitlan State Historic Site;
(15) [(13)] Magoffin Home State Historic Site;
(16) Mission Dolores State Historic Site;
(17) Monument Hill and Kreische Brewery State Historic Sites;
(18) National Museum of the Pacific War;
(19) [(14)] Sabine Pass Battleground State Historic Site;
(20) [(15)] Sam Bell Maxey House State Historic Site;
(21) Sam Rayburn House State Historic Site;
(22) [(16)] San Felipe State Historic Site;
(23) [(17)] Starr Family Home State Historic Site;
(24) [(18)] Varner-Hogg Plantation State Historic Site;
(25) Washington-on-the-Brazos State Historic Site; and
(26) [(19)
Sam Rayburn House State Historic Site;
[(20)
National Museum of the Pacific War;
[(21)] the property known as the French Legation[; and
[(22)
Mission Dolores State Historic Site].
SECTION 5. Chapter 442, Government Code, is amended by adding Subchapter F, and a heading is added to that subchapter to read as follows:
SUBCHAPTER F. SAN JACINTO BATTLEGROUND STATE HISTORIC SITE
SECTION 6. Sections 22.011 and 22.016, Parks and Wildlife Code, are transferred to Subchapter F, Chapter 442, Government Code, as added by this Act, redesignated as Sections 442.251 and 442.252, Government Code, and amended to read as follows:
Sec. 442.251 [22.011]. JURISDICTION. (a) The San Jacinto Battleground State Historic Site is under the jurisdiction of the commission [department].
(b) The San Jacinto Battleground State Historic Site is a historic site for purposes of Subchapter C.
Sec. 442.252 [22.016]. SAN JACINTO MUSEUM OF HISTORY ASSOCIATION. The San Jacinto Museum of History Association, a nonprofit historical association organized for the purposes of operating the San Jacinto Memorial Building and Tower and establishing a museum, retains ownership of property and historical data held in the name of the association and may acquire museum accessions by gift, grant, or purchase from association funds.
SECTION 7. Subchapter H, Chapter 22, Parks and Wildlife Code, is transferred to Chapter 442, Government Code, redesignated as Subchapter G, Chapter 442, Government Code, and amended to read as follows:
SUBCHAPTER G [H]. PORT ISABEL LIGHTHOUSE STATE HISTORICAL MONUMENT AND PARK
Sec. 442.271 [22.101]. JURISDICTION. (a) The Port Isabel Lighthouse is a state historical monument and park and is under the jurisdiction of the commission [department].
(b) The Port Isabel Lighthouse State Historical Monument and Park is a historic site for purposes of Subchapter C.
Sec. 442.272 [22.102]. POWERS OF COMMISSION [DEPARTMENT]. The commission [department] may rehabilitate, maintain, and preserve the property of the park, and may collect entrance fees for admission to the park or operate it on a concession basis under the provisions of this chapter [code].
SECTION 8. Subchapter Z, Chapter 2175, Government Code, is amended by adding Section 2175.909 to read as follows:
Sec. 2175.909. SALE OF CERTAIN HISTORIC PROPERTY; PROCEEDS OF SALE. (a) In this section, "qualifying collection" means an archeological, architectural, archival, decorative, or fine arts collection.
(b) This section applies only to a state agency:
(1) that maintains a qualifying collection;
(2) that is authorized to dispose of surplus or salvage property under Section 2175.065; and
(3) the governing body of which has adopted a written policy governing the care and preservation of the qualifying collection, including procedures relating to the deaccession of an item from the collection.
(c) The state agency may deaccession an item from the agency's qualifying collection if the governing body determines that deaccession of the item is appropriate under the agency's written policy governing the care and preservation of the collection.
(d) A state agency and the Texas Facilities Commission may sell a deaccessioned item in the manner provided by Subchapter D. Before the sale of the item, the Texas Facilities Commission must verify that the state agency's governing body complied with Subsection (c).
(e) Notwithstanding Section 2175.191, proceeds from the sale of the deaccessioned item by a state agency shall be deposited to the credit of a dedicated account in the general revenue fund in the manner prescribed by Subsection (f).
(f) The comptroller shall separately account for the amount of money deposited to the credit of the account under Subsection (e) resulting from the sale of deaccessioned items by each state agency. Money deposited to the credit of the account may be appropriated only to the state agency for which the comptroller deposited the money to the account for the care and preservation of the agency's qualifying collection.
SECTION 9. Section 21.104, Parks and Wildlife Code, is amended to read as follows:
Sec. 21.104. CONTRACTS AUTHORIZED. The department may contract with any state or federal agency or with any other person to accomplish the functions prescribed by Sections 21.102(1) and (2) [Subdivisions (1) and (2) of Section 22.102 of this code].
SECTION 10. Section 151.801(c), Tax Code, is amended to read as follows:
(c) The proceeds from the collection of the taxes imposed by this chapter on the sale, storage, or use of sporting goods shall be deposited as follows:
(1) an amount equal to 93.4 [94] percent of the proceeds shall be credited to the Parks and Wildlife Department and deposited as specified in the Parks and Wildlife Code; and
(2) an amount equal to 6.6 [six] percent of the proceeds shall be credited to the Texas Historical Commission and deposited as specified in Section 442.073, Government Code.
SECTION 11. The following provisions are repealed:
(1) Section 442.0081(g), Government Code;
(2) Sections 442.015(d), (e), and (f), Government Code;
(3) Subchapter A, Chapter 22, Parks and Wildlife Code;
(4) the heading to Subchapter B, Chapter 22, Parks and Wildlife Code; and
(5) Sections 22.012, 22.013, 22.014, and 22.015, Parks and Wildlife Code.
SECTION 12. (a) Except as provided by Subsection (b) of this section, Section 442.0021, Government Code, as amended by this Act, applies to a member of the Texas Historical Commission appointed before, on, or after the effective date of this Act.
(b) A member of the Texas Historical Commission who, before the effective date of this Act, completed the training program required by Section 442.0021, Government Code, as that law existed before the effective date of this Act, is required to complete additional training only on subjects added by this Act to the training program as required by Section 442.0021, Government Code, as amended by this Act. A commission member described by this subsection may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission held on or after December 1, 2019, until the member completes the additional training.
SECTION 13. (a) Not later than November 1, 2019, the Texas Historical Commission shall adopt rules under Section 442.0088, Government Code, as added by this Act.
(b) Section 442.0088(c), Government Code, as added by this Act, applies only to a contract relating to the Texas Heritage Trails Program that is entered into by the Texas Historical Commission and a nonprofit organization on or after the effective date of this Act.
SECTION 14. Section 2175.909, Government Code, as added by this Act, applies only to the deaccession of an item from a state agency's qualifying collection, as that term is defined by Section 2175.909, that occurs on or after the effective date of this Act.
SECTION 15. (a) In this section, "historic site" means the:
(1) Fanthorp Inn State Historic Site;
(2) Lipantitlan State Historic Site;
(3) Monument Hill and Kreische Brewery State Historic Sites;
(4) Port Isabel Lighthouse State Historical Monument and Park;
(5) San Jacinto Battleground State Historic Site; and
(6) Washington-on-the-Brazos State Historic Site.
(b) On September 1, 2019, the following are transferred to the Texas Historical Commission:
(1) each historic site described by Subsection (a) of this section and all obligations and liabilities of the Parks and Wildlife Department relating to those sites;
(2) all unobligated and unexpended funds appropriated to the Parks and Wildlife Department designated for the administration of those sites;
(3) all equipment and property of the Parks and Wildlife Department used for the administration of or related to those sites; and
(4) all files and other records of the Parks and Wildlife Department kept by the department regarding those sites.
(c) A rule adopted by the Parks and Wildlife Commission that is in effect immediately before September 1, 2019, and that relates to a historic site is, on September 1, 2019, a rule of the Texas Historical Commission and remains in effect until amended or repealed by the Texas Historical Commission.
(d) The transfer under this section does not diminish or impair the rights of a holder of an outstanding bond or other obligation issued by the Parks and Wildlife Department in relation to the support of a historic site.
(e) Beginning September 1, 2019, a reference in the Parks and Wildlife Code or other law to a power, duty, obligation, or liability of the Parks and Wildlife Department or the Parks and Wildlife Commission that relates to a historic site is a reference to the Texas Historical Commission. The Texas Historical Commission is the successor agency to the Parks and Wildlife Department and the Parks and Wildlife Commission for a historic site.
(f) Before September 1, 2019, the Parks and Wildlife Department may agree with the Texas Historical Commission to transfer any property of the Parks and Wildlife Department to the Texas Historical Commission to implement the transfer required by this section.
(g) Until a historic site is transferred to the Texas Historical Commission in accordance with this section, the Parks and Wildlife Department shall continue to operate and maintain the site under applicable law as it existed on January 1, 2018.
(h) This section 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 section takes effect on the 91st day after the last day of the legislative session.
SECTION 16. Notwithstanding any other provision of this Act, if on or before September 1, 2019, the Parks and Wildlife Department has applied for a grant for which the department is required to possess legal title to the San Jacinto Battleground State Historic Site, the department may retain legal title to the site for purposes of receiving the grant until the earlier of:
(1) the date on which the grant application is denied; or
(2) September 1, 2021.
SECTION 17. Except as otherwise provided by this Act, this Act takes effect September 1, 2019.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 1422 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. The Texas Historical Commission is required to implement a provision of 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 a provision of this Act using other appropriations available for that purpose.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend CSHB 1422 (senate committee printing) as follows:
(1) Strike SECTION 10 of the bill (page 5, lines 7-17).
(2) Add the following appropriately numbered SECTIONS to the bill:
SECTION ____. Section 442.073, Government Code, is amended by adding Subsection (f) to read as follows:
(f) Money in the account may not be used to pay employee benefits or benefit-related costs. Notwithstanding any other law, the account is exempt from any applicable employee benefits proportionality requirement.
SECTION ____. Section 151.801(c), Tax Code, is amended to read as follows:
(c) The proceeds from the collection of the taxes imposed by this chapter on the sale, storage, or use of sporting goods shall be deposited as follows:
(1) an amount equal to 93 [94] percent of the proceeds shall be credited to the Parks and Wildlife Department for the purposes described by Subsection (c-1) and deposited to department accounts as provided by that subsection [specified in the Parks and Wildlife Code]; and
(2) an amount equal to seven [six] percent of the proceeds shall be credited to the Texas Historical Commission and deposited to the credit of the historic site account under [as specified in] Section 442.073, Government Code.
(3) Renumber the SECTIONS of the bill accordingly.
FIVE-DAY POSTING RULE SUSPENDED
Representative Phelan moved to suspend the five-day posting rule to allow the Committee on State Affairs to consider SB 2551 at 10:30 a.m. Monday, May 13 in E2.036.
The motion prevailed.
Representative Parker moved to suspend the five-day posting rule to allow the Committee on Urban Affairs to consider SB 1000 and SB 2456 at 2 p.m. or upon final adjournment/recess Monday, May 13 in E2.030.
The motion prevailed.
Representative Larson moved to suspend the five-day posting rule to allow the Committee on Natural Resources to consider SB 2552 at 8 a.m. Tuesday, May 14 in E2.010.
The motion prevailed.
ADJOURNMENT
Representative Hefner moved that the house adjourn until 1 p.m. Monday, May 13 in memory of Olin "Cliff" Hand of Royse City.
The motion prevailed.
The house accordingly, at 6:42 p.m., adjourned until 1 p.m. Monday, May 13.
ADDENDUM
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 20
SB 636, SB 1959
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 10, 2019 - 3
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
HB 71
Martinez
SPONSOR: Lucio
|
Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense.
HB 791
Huberty
SPONSOR: Flores
|
Relating to the definition of volunteer fire department for purposes of certain motor fuel tax exemptions.
HB 1540
Thompson, Senfronia
SPONSOR: Hall
|
Relating to the continuation and functions of the Texas Funeral Service Commission; authorizing fees.
HB 1656
Kacal
SPONSOR: Birdwell
|
Relating to the issuance of 173rd Airborne Brigade specialty license plates.
HB 2196
Harris
SPONSOR: Nichols
|
Relating to the sale of alcoholic beverages on certain property owned or leased by the Texas State Railroad Authority.
(Committee Substitute)
HB 2243
Oliverson
SPONSOR: Buckingham
|
Relating to the use of prescription asthma medicine on public and private school campuses.
HB 2338
Noble
SPONSOR: Hughes
|
Relating to the exemption from the taxes imposed on the sale, use, or rental of a motor vehicle for certain motor vehicles used for religious purposes.
HB 2425
Kacal
SPONSOR: Schwertner
|
Relating to the authority of physicians to delegate to certain pharmacists the implementation and modification of a patient's drug therapy.
HB 2458
Capriglione
SPONSOR: Fallon
|
Relating to the operation and administration of the Texas Bullion Depository.
HB 2551
Bucy
SPONSOR: Watson
|
Relating to cosigners on driver's license applications of minors.
HB 2570
Zerwas
SPONSOR: Nelson / Watson
|
Relating to the award of grants by the Cancer Prevention and Research Institute of Texas Oversight Committee and to the payment of claims related to those grants by the comptroller of public accounts.
Relating to a notice of educational rights for certain student evaluations.
Relating to improving training and staff development for primary and secondary educators to enable them to more effectively serve all students.
Relating to guidelines for policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.
Relating to the ability of certain students to enroll full-time in courses provided through the state virtual school network.
Relating to reports on the prevalence of eating disorders and eating disorder-related deaths in this state.
Relating to water-related exemptions from sales and use taxes.
Relating to nonprofit legal services corporations.
Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.
Relating to the creation and use of public facilities corporations.
Relating to the selection and administration of an appraisal review board in certain counties; authorizing a fee.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 9
Agriculture and Livestock - SB 1312, SB 1672
Appropriations - SB 68, SB 962
County Affairs - SB 289, SB 1402, SB 1700, SB 2286, SB 2315
Defense and Veterans' Affairs - SB 2131
Insurance - SB 1584, SB 1742, SB 1940, SB 2305
International Relations and Economic Development - SB 2119
Juvenile Justice and Family Issues - HB 4267
Land and Resource Management - SB 1468
Natural Resources - SB 7, SB 8
Public Education - SB 1297
Public Health - HR 1180, HR 1203, SB 429
Transportation - SB 357
Urban Affairs - SB 849, SB 958
Ways and Means - SB 1525
ENGROSSED
May 9 - HB 29, HB 201, HB 297, HB 362, HB 388, HB 760, HB 838, HB 1113, HB 1380, HB 1457, HB 1635, HB 1662, HB 1686, HB 1739, HB 1748, HB 1770, HB 1782, HB 1873, HB 1916, HB 1936, HB 1992, HB 2013, HB 2062, HB 2131, HB 2151, HB 2155, HB 2159, HB 2163, HB 2168, HB 2366, HB 2367, HB 2401, HB 2490, HB 2613, HB 2620, HB 2655, HB 2667, HB 2689, HB 2786, HB 2797, HB 2858, HB 2879, HB 2894, HB 2929, HB 3000, HB 3040, HB 3148, HB 3266, HB 3301, HB 3384, HB 3460, HB 3469, HB 3511, HB 3579, HB 3631, HB 3635, HB 3824, HB 3850, HB 3906, HB 4152, HB 4165, HB 4186, HB 4202, HB 4228, HB 4413, HB 4726, HJR 38
ENROLLED
May 9 - HB 982, HB 1066, HB 1476, HB 2004, HB 2255, HB 2310, HB 2324
RECOMMENDATIONS FILED WITH THE SPEAKER
May 9 - HB 4728, HB 4729, HB 4730, HB 4731