SIXTY-SIXTH DAY --- WEDNESDAY, MAY 15, 2019
The house met at 10:02 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 1386).
Present — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; 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; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Absent — Johnson, E.
The invocation was offered by Dr. LaVerne Whitehead Reed, pastor, Warren Avenue Christian Church, Dallas, as follows:
Almighty and all wise redeeming God, sustainer of life, and creator of all things good, as one we pause in this place to acknowledge your omnipotent presence and give thanks for your generosity in our lives. Thank you for being a source of peace and the spirit of love and unity. For this day we are grateful, which brings new opportunities for the leaders of this legislative body and its members to exercise positive stewardship, create constructive changes, speak truth in love, and offer encouragement. Reveal visions and give wisdom and insight to this Texas House of Representatives that they might do what is fair, love kindness, and walk humbly with you. Sweet sacred spirit who guards our souls, stills our hearts, and liberates our minds, we pray protection and provisions for each person performing a role in this house. Bless their families and those who care for them. With thanksgiving and joyful hearts, we offer this prayer in your name. Amen.
The chair recognized Representative Meza who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of important business in the district:
Holland on motion of Dean.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).
CAPITOL PHYSICIAN
The chair recognized Representative Hinojosa who presented Dr. Dana Sprute of Austin as the "Doctor for the Day."
The house welcomed Dr. Sprute and thanked her for her participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
(Goldman in the chair)
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Rose and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.
HR 719 - INTRODUCTION OF GUESTS
The chair recognized Representative Burrows who introduced the Honorable Robert Duncan and his wife, Terri.
HR 1610 - ADOPTED
(by Hunter and Herrero)
Representative Hunter moved to suspend all necessary rules to take up and consider at this time HR 1610.
The motion prevailed.
The following resolution was laid before the house:
HR 1610, Commemorating the 2019 Corpus Christi Under 40 event hosted by the Young Business Professionals of the Coastal Bend.
HR 1610 was adopted.
HR 1565 - ADOPTED
(by Darby and Craddick)
Representative Darby moved to suspend all necessary rules to take up and consider at this time HR 1565.
The motion prevailed.
The following resolution was laid before the house:
HR 1565, Honoring the Jumano Indian Nation of Texas.
HR 1565 was adopted.
On motion of Representative Craddick, the names of all the members of the house were added to HR 1565 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Darby who introduced representatives of the Jumano Indian Nation of Texas.
HR 1635 - ADOPTED
(by Nevárez)
Representative Nevárez moved to suspend all necessary rules to take up and consider at this time HR 1635.
The motion prevailed.
The following resolution was laid before the house:
HR 1635, Congratulating the Del Rio Hispanic Chamber of Commerce on its selection as the 2018 Small Chamber of the Year by the Texas Association of Mexican American Chambers of Commerce.
HR 1635 was adopted.
HR 1633 - ADOPTED
(by Rose)
Representative Rose moved to suspend all necessary rules to take up and consider at this time HR 1633.
The motion prevailed.
The following resolution was laid before the house:
HR 1633, Recognizing May 15, 2019, as Red and White Day at the State Capitol in honor of the advocacy efforts of the Delta Sigma Theta Sorority.
HR 1633 was adopted.
On motion of Representative Bowers, the names of all the members of the house were added to HR 1633 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Rose who introduced representatives of Delta Sigma Theta Sorority.
HR 1612 - ADOPTED
(by Minjarez)
Representative Minjarez moved to suspend all necessary rules to take up and consider at this time HR 1612.
The motion prevailed.
The following resolution was laid before the house:
HR 1612, Congratulating Richard Cafege on being promoted to lieutenant in the Texas Department of Public Safety.
HR 1612 was adopted.
On motion of Representative Cortez, the names of all the members of the house were added to HR 1612 as signers thereof.
HR 1547 - ADOPTED
(by Rosenthal, Walle, Wu, and J.D. Johnson)
Representative Rosenthal moved to suspend all necessary rules to take up and consider at this time HR 1547.
The motion prevailed.
The following resolution was laid before the house:
HR 1547, Recognizing May 15, 2019, as the People's Champ Day, commending Paul Wall of Houston for his many achievements.
HR 1547 was adopted.
On motion of Representative Walle, the names of all the members of the house were added to HR 1547 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Rosenthal who introduced Paul Wall and members of his family.
(E. Johnson now present)
HR 1616 - ADOPTED
(by Wilson)
Representative Wilson moved to suspend all necessary rules to take up and consider at this time HR 1616.
The motion prevailed.
The following resolution was laid before the house:
HR 1616, Congratulating the Georgetown High School boys' swim team on winning the 5A championship at the 2019 UIL Swimming and Diving State Meet.
HR 1616 was adopted.
INTRODUCTION OF GUESTS
The chair recognized Representative Wilson who introduced members of the Georgetown High School boys' swim team.
HR 1646 - ADOPTED
(by Dutton)
Representative Dutton moved to suspend all necessary rules to take up and consider at this time HR 1646.
The motion prevailed.
The following resolution was laid before the house:
HR 1646, In memory of Maurice Earl Toliver of Houston.
HR 1646 was unanimously adopted by a rising vote.
On motion of Representative S. Thompson, the names of all the members of the house were added to HR 1646 as signers thereof.
HR 1621 - ADOPTED
(by Holland, Lozano, and Patterson)
Representative Lozano moved to suspend all necessary rules to take up and consider at this time HR 1621.
The motion prevailed.
The following resolution was laid before the house:
HR 1621, In memory of retired U.S. Air Force Lieutenant Colonel Carlos Everado Lerma of Celina.
HR 1621 was unanimously adopted by a rising vote.
On motion of Representative Miller, the names of all the members of the house were added to HR 1621 as signers thereof.
HR 969 - ADOPTED
(by Anchia)
Representative Anchia moved to suspend all necessary rules to take up and consider at this time HR 969.
The motion prevailed.
The following resolution was laid before the house:
HR 969, Commemorating the 10th anniversary of the Tim Cole Act, paying tribute to the lives of Timothy Cole, James Lee Woodard, Johnnie Lindsey, Billy James Smith, and Ronald Gene Taylor, and recognizing the Innocence Project of Texas.
HR 969 was adopted.
On motion of Representative Dutton, the names of all the members of the house were added to HR 969 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Anchia who introduced representatives of the Innocence Project of Texas, speaking as follows:
It is hard to believe that 10 years ago during the 81st Legislature, we passed HB 1736. That was titled the Tim Cole Act. It was compensation for wrongfully convicted, innocent Texans who had spent, in some cases, decades in jail. I'm so pleased to be joined by the members behind me, including Chairman Dutton, head of the black caucus, who worked so hard on exoneree compensation for so many years and whose shoulders we really stand on. There would be no Tim Cole Act without the efforts of Chairman Dutton, who had established the original compensation legislation.
It has been 10 years since we passed this milestone piece of legislation that has become a model for the entire country when it comes to compensating innocent women and men who have been deprived of their liberty by the state. It's named after Tim Cole. Many of you may or may not know the story of Tim Cole, but I'd like to just tell it very briefly. He was a veteran, and he was a former Texas Tech student. Tim went to college and was a proud member of the community in Fort Worth. Ruby Session, his mother, was a longtime educator who raised a beautiful, beautiful family, many of whom we see at the Capitol on a regular basis today, including Cory Session who's on the stage. But Tim was just a Texas Tech student, and one day he was picked up and accused of being the Texas Tech serial rapist. Tim always maintained his innocence. He always said there is no way on earth that this system will find me guilty ever. I'm from a great family. I served my country, a veteran who's played by all the rules. But the system, being a human system, failed Tim and failed so many others from Dallas County and around this state––innocent women and men who, for being in the wrong place at the wrong time, in some cases having the wrong name, in some cases looking the wrong way in a certain neighborhood, were put in jail for a long, long time.
So many of you know what the Tim Cole Act does, and I'm very proud of this legislature for having done it. The Tim Cole Act allows for compensation for every year that a person has spent in prison as an innocent Texan and also provides an annuity to let that family get back on their feet. And keep in mind, members, that when an innocent person goes to jail, it's not just that person. It is an entire family that suffers. It is an entire family that has a daughter or son who will forever be on certain databases as a rapist, as someone who has committed sexual assault. It is children growing up thinking that their mother or father is somehow a sexual predator or a rapist. It is a mother who loses a son, like in the case of Ruby Session whose son died in jail. So Tim Cole never got to see the Tim Cole Act. Tim Cole, despite having a severe asthmatic condition, was put to work in the wood shop, where he had an asthmatic reaction and seizure and ultimately died an innocent man in prison.
Since 2005, the Innocence Project, who we're also honoring today, has won freedom for 26 men and women in the State of Texas. So today we're going to pay tribute to some of the people who make this possible, and we're going to pay tribute to Tim Cole. We are paying tribute to the lives of Tim Cole, James Lee Woodard, Johnnie Lindsey, Billy James Smith, and Ronald Gene Taylor. On the dais with us we have Cory Session, who is the brother of Tim Cole and a board member of the Innocence Project of Texas. We have Mike Ware, executive director of the Innocence Project of Texas; Anna Vasquez, who herself is an exoneree and she is the outreach and education coordinator of the Innocence Project of Texas; Emely Kaye Smith, the widow of exoneree Billy James Smith; and Johnny Pinchback, an exoneree who served 20 years in prison. Also joining us in the gallery, and I would ask them to stand now and wave, we have advocates and exonerees including Victor Thomas, Charles Chatman, and Jennifer Laurin. All of these individuals, when they got out of prison, you would have expected them to be angry, to be vindictive, to be bitter, but they are not. They have dedicated their careers and their lives to help those who are still innocent in jail, who are still wrongfully convicted, and they want to make this state a better and more moral place.
So Mr. Speaker and members, I am so grateful for the opportunity to lay out this bill. I also want to recognize our former colleague Ruth Jones McClendon, who spent a lot of time working on innocence commission issues and who sponsored the bill related to the Tim Cole innocence commission, which is a different bill than this Act but important in making sure that we don't put any more innocent Texans in jail in the future. Thank you, members. Thank you for standing with me. For me this is an emotional moment. I can't believe it's been 10 years, but I want to thank every member of this legislature who continues to work on behalf of exonerees.
REMARKS ORDERED PRINTED
Representative Canales moved to print all remarks on HR 969.
The motion prevailed.
FIVE-DAY POSTING RULE SUSPENDED
Representative Murphy moved to suspend the five-day posting rule to allow the Committee on Pensions, Investments, and Financial Services to consider SB 1570 and SB 1689 at 8 a.m. tomorrow in E2.026.
The motion prevailed.
MAJOR STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 601 ON THIRD READING
(Flynn - House Sponsor)
SB 601, A bill to be entitled An Act relating to the continuation and functions of the Texas Veterans Commission.
SB 601 was passed by (Record 1387): 145 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Morrison; Pacheco.
SB 621 ON THIRD READING
(Lambert - House Sponsor)
SB 621, A bill to be entitled An Act relating to the transfer of the regulation of plumbing to the Texas Department of Licensing and Regulation, following recommendations of the Sunset Advisory Commission; requiring an occupational license; authorizing a fee.
SB 621 was passed by (Record 1388): 95 Yeas, 46 Nays, 2 Present, not voting.
Yeas — Allison; Anchia; Anderson; Bailes; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Capriglione; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Dutton; Farrar; Flynn; Frank; Frullo; González, J.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Huberty; Johnson, J.D.; Kacal; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Miller; Moody; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Ramos; Raney; Raymond; Romero; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vo; Wray; Wu; Zedler; Zerwas.
Nays — Allen; Ashby; Beckley; Bernal; Biedermann; Blanco; Bowers; Button; Cain; Calanni; Cole; Coleman; Davis, Y.; Deshotel; Dominguez; Fierro; Geren; Gervin-Hawkins; González, M.; Hernandez; Herrero; Hinojosa; Howard; Hunter; Israel; Johnson, J.E.; King, K.; King, P.; Leach; Martinez Fischer; Minjarez; Morales; Morrison; Patterson; Price; Reynolds; Rodriguez; Rose; Rosenthal; Sherman; Stickland; Turner, C.; Walle; White; Wilson; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Bell, C.; Bell, K.; Canales; Clardy; Johnson, E.; Pacheco.
STATEMENTS OF VOTE
When Record No. 1388 was taken, my vote failed to register. I would have voted yes.
C. Bell
When Record No. 1388 was taken, I was in the house but away from my desk. I would have voted yes.
K. Bell
When Record No. 1388 was taken, I was in the house but away from my desk. I would have voted no.
E. Johnson
When Record No. 1388 was taken, I was shown voting yes. I intended to vote no.
Landgraf
When Record No. 1388 was taken, I was shown voting no. I intended to vote yes.
Morales
When Record No. 1388 was taken, I was shown voting yes. I intended to vote no.
Murr
When Record No. 1388 was taken, I was shown voting yes. I intended to vote no.
Neave
When Record No. 1388 was taken, I was shown voting yes. I intended to vote no.
Romero
When Record No. 1388 was taken, I was shown voting no. I intended to vote yes.
C. Turner
When Record No. 1388 was taken, I was shown voting yes. I intended to vote no.
Vo
SB 624 ON THIRD READING
(S. Thompson - House Sponsor)
SB 624, A bill to be entitled An Act relating to the continuation and functions of the Texas Real Estate Commission and the Texas Appraiser Licensing and Certification Board; changing fees.
SB 624 was passed by (Record 1389): 137 Yeas, 4 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Deshotel; Stickland; Toth.
Present, not voting — Mr. Speaker; Goldman(C); Middleton.
Absent, Excused — Holland.
Absent — Blanco; Canales; Johnson, E.; Pacheco; Thierry.
STATEMENTS OF VOTE
When Record No. 1389 was taken, I was shown voting no. I intended to vote yes.
Cain
When Record No. 1389 was taken, I was in the house but away from my desk. I would have voted yes.
E. Johnson
When Record No. 1389 was taken, I was shown voting present, not voting. I intended to vote no.
Middleton
SB 646 ON THIRD READING
(S. Thompson - House Sponsor)
SB 646, A bill to be entitled An Act relating to approval for purchases of property or construction projects by a state agency with self-directed semi-independent status.
SB 646 was passed by (Record 1390): 144 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; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Canales; Johnson, E.; Pacheco.
STATEMENT OF VOTE
When Record No. 1390 was taken, I was in the house but away from my desk. I would have voted yes.
E. Johnson
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 683 ON THIRD READING
(Allison - House Sponsor)
SB 683, A bill to be entitled An Act relating to the licensing and regulation of pharmacists and pharmacies.
SB 683 was passed by (Record 1391): 141 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; 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 — Bonnen; Cain; Oliverson; Stickland.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Johnson, E.; Pacheco.
STATEMENT OF VOTE
When Record No. 1391 was taken, I was in the house but away from my desk. I would have voted yes.
E. Johnson
SB 21 ON THIRD READING
(Zerwas, S. Thompson, Sheffield, Anchia, Oliverson, et al. - House Sponsors)
SB 21, A bill to be entitled An Act relating to the distribution, possession, purchase, consumption, and receipt of cigarettes, e-cigarettes, and tobacco products.
Amendment No. 1
Representative Dutton offered the following amendment to SB 21:
Amend SB 21 on third reading as follows:
(1) In the recital to the SECTION of the bill amending Sections 161.086(a) and (b), Health and Safety Code, strike "Sections 161.086(a) and (b), Health and Safety Code, are" and substitute "Section 161.086(b), Health and Safety Code, is".
(2) Strike amended Section 161.086(a), Health and Safety Code.
Amendment No. 1 - Point of Order
Representative Tinderholt raised a point of order against further consideration of Amendment No. 1 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane to the bill.
The point of order was withdrawn.
Amendment No. 1 was withdrawn.
Amendment No. 2
Representative Dutton offered the following amendment to SB 21:
Amend SB 21 on third reading by striking Amendment No. 4 by Dutton that was adopted on second reading.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Schaefer offered the following amendment to SB 21:
Amend SB 21 on third reading as follows:
(1) In the SECTION of the bill adding Section 161.082(f)(2), Health and Safety Code, between "card" and the underlined period, insert "of the United States military forces or the state military forces".
(2) In the SECTION of the bill amending Section 161.084(b), Health and Safety Code, in the last sentence, strike "ON ACTIVE DUTY".
(3) In the SECTION of the bill amending Section 161.252, Health and Safety Code, strike added Subsection (c-1) and substitute the following:
(c-1) It is an exception to the application of this section that the individual younger than 21 years of age:
(1) is at least 18 years of age; and
(2) presents at the time of purchase a valid military identification card of the United States military forces or the state military forces.
Amendment No. 3 was adopted.
SB 21 - POINT OF ORDER
Representative Tinderholt raised a point of order against further consideration of SB 21 under Rule 11, Section 2, of the House Rules on the grounds that the third reading amendments are not germane.
The point of order was withdrawn.
SB 21 - POINT OF ORDER
Representative Tinderholt raised a point of order against further consideration of SB 21 under Rule 8, Section 3, of the House Rules. The point of order was overruled and the speaker submitted the following ruling:
RULING BY THE SPEAKER
on Senate Bill 21
Announced in the House on May 15, 2019
(Goldman in the chair)
Representative Tinderholt raises a point of order against further consideration of SB 21 under Rule 8, Section 3, of the House Rules on the grounds that the bill contains more than one subject.
Mr. Tinderholt argues that a provision of the bill prohibiting the distribution of free or sample cigarettes, e-cigarettes, or tobacco products to any individual regardless of age in an impermissible second subject. The subject of the bill is to raise the age at which a person can buy these products from 18 to 21.
While the provision is not expressly limited to persons under 21, it appears in a subchapter of Chapter 161, Health and Safety Code, that is limited to restricting the sale of the products covered by the bill to minors and includes related enforcement and reporting requirements. Under prior precedent, "[t]he standard for finding a violation of the one-subject rule is very high; courts typically find violations of the one-subject rule only when there is no conceivable single subject that describes all the elements of the bill." 76 H. Jour. 2912 (1999). Here, the context in which the provision appears limits the circumstances to distribution of free or sample products to minors. See id. Because the bill, with the disputed section, may be construed in a constitutional manner, the bill does not violate the rule limiting a bill to a single subject. Id.
Accordingly, the point of order is respectfully overruled.
SB 21 - POINT OF ORDER
Representative Cain raised a point of order against further consideration of SB 21 under Article III, Section 35(b), of the Texas Constitution on the grounds that the bill caption fails to give reasonable notice of the subject of the bill.
The point of order was withdrawn.
SB 21, as amended, was passed by (Record 1392): 110 Yeas, 36 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Beckley; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Deshotel; Dominguez; Farrar; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Muñoz; Murphy; Neave; Nevárez; Oliverson; Ortega; Pacheco; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.
Nays — Ashby; Bailes; Bell, C.; Bell, K.; Burns; Cain; Clardy; Dean; Dutton; Fierro; Guillen; Harris; Hefner; King, P.; Krause; Landgraf; Lang; Leach; Leman; Metcalf; Middleton; Morrison; Murr; Noble; Paddie; Parker; Patterson; Paul; Schaefer; Shaheen; Stickland; Tinderholt; Toth; White; Wilson; Zedler.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Biedermann.
STATEMENTS OF VOTE
When Record No. 1392 was taken, I was shown voting no. I intended to vote yes.
K. Bell
When Record No. 1392 was taken, I was in the house but away from my desk. I would have voted no.
Biedermann
When Record No. 1392 was taken, I was shown voting no. I intended to vote yes.
Fierro
When Record No. 1392 was taken, I was excused because of important business in the district. I would have voted no.
Holland
SB 475 ON THIRD READING
(Hernandez and Flynn - House Sponsors)
SB 475, A bill to be entitled An Act relating to an advisory body on the security of the electric grid.
SB 475 was passed by (Record 1393): 143 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; 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; González, J.; González, M.; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Bowers; Capriglione; Dutton; Goodwin.
STATEMENTS OF VOTE
When Record No. 1393 was taken, I was in the house but away from my desk. I would have voted yes.
Bowers
When Record No. 1393 was taken, I was in the house but away from my desk. I would have voted yes.
Goodwin
SB 300 ON THIRD READING
(E. Thompson - House Sponsor)
SB 300, A bill to be entitled An Act relating to indefinite quantity contracts for the provision of certain services to declared disaster areas following a natural disaster.
SB 300 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE KACAL: Representative Thompson, is there any explicit exception to state contracting law under Government Code 2269 in this bill?
REPRESENTATIVE E. THOMPSON: No.
KACAL: None?
E. THOMPSON: None.
SB 300 was passed by (Record 1394): 139 Yeas, 4 Nays, 2 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; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; 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 — Biedermann; Schaefer; Stickland; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Cain; Dutton; Larson; Middleton.
SB 442 ON THIRD READING
(Perez, Lucio, and Oliverson - House Sponsors)
SB 442, A bill to be entitled An Act relating to a disclosure regarding flood coverage under a commercial or residential property insurance policy.
SB 442 was passed by (Record 1395): 140 Yeas, 7 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; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Lang; Murr; Schaefer; Shaheen; Tinderholt; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
SB 944 ON THIRD READING
(Capriglione - House Sponsor)
SB 944, A bill to be entitled An Act relating to the public information law.
SB 944 was passed by (Record 1396): 145 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; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Canales; Rose.
STATEMENT OF VOTE
When Record No. 1396 was taken, I was shown voting yes. I intended to vote no.
Fierro
SB 579 ON THIRD READING
(VanDeaver - House Sponsor)
SB 579, A bill to be entitled An Act relating to the exemption from ad valorem taxation of certain property owned by the TexAmericas Center.
SB 579 was passed by (Record 1397): 128 Yeas, 17 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murr; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Biedermann; Bonnen; Cain; Harris; Krause; Lang; Metcalf; Middleton; Oliverson; Patterson; Schaefer; Shaheen; Springer; Stickland; Swanson; Tinderholt; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Beckley; Murphy.
SB 709 ON THIRD READING
(Frullo, Stucky, Zerwas, Walle, et al. - House Sponsors)
SB 709, A bill to be entitled An Act relating to the allocation and use of the annual constitutional appropriation to certain agencies and institutions of higher education.
SB 709 was passed by (Record 1398): 135 Yeas, 10 Nays, 2 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Biedermann; Cain; Hefner; Leman; Middleton; Patterson; Schaefer; Stickland; Tinderholt; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
Absent — Larson; Toth.
STATEMENT OF VOTE
When Record No. 1398 was taken, I was shown voting yes. I intended to vote no.
Swanson
SB 362 ON THIRD READING
(Price - House Sponsor)
SB 362, A bill to be entitled An Act relating to court-ordered mental health services.
SB 362 was passed by (Record 1399): 141 Yeas, 4 Nays, 3 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; 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; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Schaefer; Stickland; Tinderholt.
Present, not voting — Mr. Speaker; Goldman(C); Thierry.
Absent, Excused — Holland.
Absent — Klick.
SB 1113 ON THIRD READING
(Springer - House Sponsor)
SB 1113, A bill to be entitled An Act relating to a waiver authorizing the application of pesticides for mosquito control by certain municipal or county employees in an emergency.
SB 1113 was passed by (Record 1400): 147 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
SB 1306 ON THIRD READING
(Burns - House Sponsor)
SB 1306, A bill to be entitled An Act relating to requiring a school district to post on the district's Internet website the contact information of the school administrator primarily responsible for student discipline at a district campus.
SB 1306 was passed by (Record 1401): 116 Yeas, 29 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Muñoz; Murphy; Murr; Neave; Nevárez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zerwas; Zwiener.
Nays — Ashby; Bell, C.; Cain; Cyrier; Dean; Frank; Harris; Hefner; Hunter; King, P.; Krause; Lang; Leman; Metcalf; Middleton; Noble; Oliverson; Patterson; Schaefer; Shaheen; Smith; Springer; Stickland; Swanson; Tinderholt; White; Wilson; Wray; Zedler.
Present, not voting — Mr. Speaker; Capriglione; Goldman(C).
Absent, Excused — Holland.
Absent — Morrison.
STATEMENT OF VOTE
When Record No. 1401 was taken, I was shown voting yes. I intended to vote no.
Murr
SB 1571 ON THIRD READING
(Stucky - House Sponsor)
SB 1571, A bill to be entitled An Act relating to recovery audits of payments made by state agencies to vendors.
SB 1571 was passed by (Record 1402): 144 Yeas, 0 Nays, 3 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; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C); Martinez.
Absent, Excused — Holland.
Absent — Cole; Zerwas.
SB 1276 ON THIRD READING
(Frullo - House Sponsor)
SB 1276, A bill to be entitled An Act relating to an agreement between a school district and public institution of higher education to provide a dual credit program to high school students enrolled in the district.
SB 1276 was passed by (Record 1403): 143 Yeas, 3 Nays, 3 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Stickland; Tinderholt.
Present, not voting — Mr. Speaker; Goldman(C); White.
Absent, Excused — Holland.
STATEMENT OF VOTE
When Record No. 1403 was taken, my machine malfunctioned and I was shown voting present, not voting. I intended to vote yes.
White
SB 1928 ON THIRD READING
(Krause - House Sponsor)
SB 1928, A bill to be entitled An Act relating to a certificate of merit in certain actions against certain licensed or registered professionals.
Amendment No. 1
Representative Krause offered the following amendment to SB 1928:
Amend SB 1928 (house committee report), on third reading, as follows:
(1) On page 1, line 7, strike "Subdivision (1-c)" and substitute "Subdivisions (1-c) and (1-d)".
(2) On page 1, between lines 10 and 11, insert the following:
(1-b) "Complaint" means any petition or other pleading which, for the first time, raises a claim against a licensed or registered professional for damages arising out of the provision of professional services by the licensed or registered professional.
(3) On page 1, line 11, strike "(1-b)" and substitute "(1-c)".
(4) On page 1, line 19, strike "(1-c)" and substitute "(1-d)".
Amendment No. 1 was adopted.
SB 1928, as amended, was passed by (Record 1404): 147 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
SB 1063 ON THIRD READING
(Paul - House Sponsor)
SB 1063, A bill to be entitled An Act relating to the operation of the Texas Property and Casualty Insurance Guaranty Association.
SB 1063 was passed by (Record 1405): 146 Yeas, 1 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Tinderholt.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Holland.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 20 ON SECOND READING
(S. Thompson, Krause, Collier, White, Y. Davis, et al. - House Sponsors)
SB 20, A bill to be entitled An Act relating to the prevention of, prosecution of, penalties for, and other consequences of prostitution, trafficking of persons, and related criminal offenses and to orders of nondisclosure for persons who committed certain of those offenses; regulating occupations to prevent and respond to those criminal offenses, including requiring a student occupational permit for those purposes; authorizing fees; increasing criminal penalties; creating criminal offenses.
SB 20 was read second time on May 13 and was postponed until 10 a.m. today.
Representative S. Thompson moved to postpone consideration of SB 20 until 10 a.m. Friday, May 17.
The motion prevailed.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
Agriculture and Livestock, upon lunch recess today, Desk 23, for a formal meeting, to consider pending business.
Homeland Security and Public Safety, upon lunch recess today, Desk 75, for a formal meeting, to consider referred and pending business.
Natural Resources, upon lunch recess today, Desk 112, for a formal meeting, to consider pending and referred business.
International Relations and Economic Development, upon lunch recess today, Desk 147, for a formal meeting, to consider SB 756, SB 2072, and pending business.
Resolutions Calendars, upon lunch recess today, 1W.14, for a formal meeting, to consider a calendar.
RECESS
Representative Geren moved that the house recess until 1:45 p.m. today.
The motion prevailed.
The house accordingly, at 12:47 p.m., recessed until 1:45 p.m. today.
AFTERNOON SESSION
The house met at 2:03 p.m. and was called to order by Representative Goldman.
MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 698 ON SECOND READING
(Lozano and Blanco - House Sponsors)
SB 698, A bill to be entitled An Act relating to the expedited processing of certain applications for permits under the Texas Clean Air Act.
SB 698 was passed to third reading.
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 790 ON SECOND READING
(Morrison - House Sponsor)
SB 790, A bill to be entitled An Act relating to certain audit and reporting requirements of regional planning commissions.
SB 790 was passed to third reading.
(Speaker in the chair)
SB 2137 ON SECOND READING
(Canales - House Sponsor)
SB 2137, A bill to be entitled An Act relating to the use of municipal hotel occupancy tax revenue by certain municipalities.
Amendment No. 1
Representative Springer offered the following amendment to SB 2137:
Amend SB 2137 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Section 352.002, Tax Code, is amended by adding Subsection (s) to read as follows:
(s) The commissioners court of a county with a population of less than 17,000 that borders the Red River and in which at least two United States highways cross into Oklahoma may impose a tax as provided by Subsection (a).
SECTION ____. Section 352.003, Tax Code, is amended by adding Subsection (x) to read as follows:
(x) The tax rate in a county authorized to impose the tax under Section 352.002(s) may not exceed two percent of the price paid for a room in a hotel.
Amendment No. 1 was adopted.
SB 2137 - POINT OF ORDER
Representative Cain raised a point of order against further consideration of SB 2137 under Rule 8, Section 10(b), of the House Rules on the grounds that the bill is limited in application to one or more political subdivisions by means of artificial devices.
The point of order was withdrawn.
SB 2137, as amended, was passed to third reading.
SB 668 ON SECOND READING
(VanDeaver - House Sponsor)
SB 668, A bill to be entitled An Act relating to data collection, reporting, and notice requirements for certain educational entities.
Amendment No. 1
Representative VanDeaver offered the following amendment to SB 668:
Amend SB 668 (house committee printing) as follows:
(1) On page 12, line 21, strike "allow" and substitute "require".
(2) On page 12, line 23, strike "up to" and substitute "not later than".
(3) Strike page 13, lines 2 through 15, and substitute the following:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR REQUEST FOR EXPANSION [ESTABLISHMENT OF CAMPUS]. (a) The commissioner by rule shall adopt a procedure for providing notice to the following persons on receipt by the commissioner of an application for a charter for an open-enrollment charter school under Section 12.110 or a request for approval of an expansion amendment to a charter under Section 12.114 [of notice of the establishment of a campus as authorized under Section 12.101(b-4)]:
(1) the superintendent and the board of trustees of each school district from which the proposed open-enrollment charter school or campus is likely to draw students, as determined by the commissioner; and
(2) each member of the legislature that represents the geographic area to be served by the proposed school or campus, as determined by the commissioner.
(b) Before a charter holder requests approval for an expansion amendment establishing a new open-enrollment charter school campus as required by Section 12.114(e), the charter holder must notify the individuals listed in Subsection (a) that the charter holder will request the expansion amendment. Notice required under this subsection must be made not later than 18 months before the date on which the campus is anticipated to open.
(4) Strike SECTION 2.03 of the bill (page 13, lines 16 through 22), and substitute the following:
SECTION 2.03. Section 12.114, Education Code, is amended by adding Subsections (d), (e), and (f) to read as follows:
(d) Except as provided by Subsection (e), a charter holder may submit a request for approval for an expansion amendment up to 18 months before the date on which the expansion will be effective.
(e) A charter holder shall submit a request for an expansion amendment establishing a new open-enrollment charter school campus not later than 16 months before the date on which the campus is anticipated to open.
(f) A request for approval of an expansion amendment does not obligate the charter holder to complete the proposed expansion.
Amendment No. 1 was adopted.
SB 668, as amended, was passed to third reading.
SB 1784 ON SECOND READING
(Leach - House Sponsor)
SB 1784, A bill to be entitled An Act relating to the deduction from applied income of compensation paid to guardians of certain Medicaid recipients.
SB 1784 was passed to third reading.
SB 827 ON SECOND READING
(Smithee - House Sponsor)
SB 827, A bill to be entitled An Act relating to the transfer of civil cases by the judicial panel on multidistrict litigation.
SB 827 was passed to third reading.
SB 1494 ON SECOND READING
(Wu, Miller, Klick, Hinojosa, and Rose - House Sponsors)
SB 1494, A bill to be entitled An Act relating to the confidentiality of personal information of certain employees and contractors of the Department of Family and Protective Services.
Amendment No. 1
Representative Wu offered the following amendment to SB 1494:
Amend SB 1494 (house committee printing) as follows:
(1) On page 4, line 3, between "caseworker" and "or" insert ", adult protective services caseworker,".
(2) On page 4, line 7, between "caseworker" and "or" insert ", adult protective services caseworker,".
(3) On page 6, line 12, between "caseworker" and "or" insert ", adult protective services caseworker,".
(4) On page 6, line 14, between "caseworker" and "or" insert ", adult protective services caseworker,".
(5) On page 10, line 3, between "caseworker" and "or" insert ", adult protective services caseworker,".
(6) On page 10, line 5, between "caseworker" and "or" insert ", adult protective services caseworker,".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Wu offered the following amendment to SB 1494:
Amend SB 1494 (house committee report) as follows:
(1) On page 4, line 1, strike "or" and substitute "[or]".
(2) On page 4, line 8, between "department" and the bracket, insert the following:
; or
(17) a state officer elected statewide or a member of the legislature, regardless of whether the officer or member complies with Section 552.024 or 552.1175
(3) On page 6, line 10, strike "and".
(4) On page 6, line 16, between "department" and the period, insert the following:
; and
(16) state officers elected statewide and members of the legislature
(5) On page 10, line 1, strike "and".
(6) On page 10, line 7, between "department" and the period, insert the following:
; and
(25) a state officer elected statewide or a member of the legislature
Amendment No. 2 - Point of Order
Representative Stickland raised a point of order against further consideration of Amendment No. 2 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane to the bill.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Lucio requested permission for the Committee on Insurance to meet while the house is in session, at 2:35 p.m. today, in 1W.14, to consider referred and pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Insurance, 2:35 p.m. today, 1W.14, for a formal meeting, to consider referred and pending business.
SB 1494 - (consideration continued)
The point of order was withdrawn.
Amendment No. 2 was adopted.
SB 1494, as amended, was passed to third reading.
SB 1707 ON SECOND READING
(Allen - House Sponsor)
SB 1707, A bill to be entitled An Act relating to the duties of school district peace officers, school resource officers, and security personnel.
A record vote was requested by Representative Middleton.
SB 1707 was passed to third reading by (Record 1406): 129 Yeas, 14 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; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; King, K.; King, P.; King, T.; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zwiener.
Nays — Biedermann; Cain; Frank; Hunter; Krause; Lang; Middleton; Schaefer; Shaheen; Stickland; Swanson; Tinderholt; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Holland.
Absent — Kacal; Klick; Miller; Oliverson; Zerwas.
STATEMENTS OF VOTE
When Record No. 1406 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1406 was taken, I was in the house but away from my desk. I would have voted yes.
Kacal
When Record No. 1406 was taken, I was in the house but away from my desk. I would have voted yes.
Miller
When Record No. 1406 was taken, I was shown voting yes. I intended to vote no.
Murr
When Record No. 1406 was taken, I was in the house but away from my desk. I would have voted yes.
Oliverson
When Record No. 1406 was taken, I was shown voting yes. I intended to vote no.
Patterson
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 29 and Senate List No. 23).
GENERAL STATE CALENDAR
(consideration continued)
SB 1189 ON SECOND READING
(Capriglione - House Sponsor)
SB 1189, A bill to be entitled An Act relating to certain deceptive advertising of legal services.
Amendment No. 1
Representatives Y. Davis, J.E. Johnson, and Neave offered the following amendment to SB 1189:
Amend SB 1189 (house committee report) as follows:
(1) On page 1, line 16, strike ""consumer alert,"".
(2) On page 3, line 22, strike "and may be enforced by the attorney general or" and substitute "solely as an enforcement action by the consumer protection division of the attorney general's office or by".
(3) On page 3, following line 27, insert the following:
(c) Notwithstanding Subsection (a), if the advertising review committee of the State Bar of Texas reviews, in accordance with the committee's procedures, an advertisement for compliance with this subchapter before the first dissemination of the advertisement and the committee informs the sponsor of the advertisement that the advertisement is in compliance with this subchapter and the applicable advertising standards in the Texas Disciplinary Rules of Professional Conduct, the consumer protection division of the attorney general's office or a district or county attorney may not pursue an action under Subsection (a) unless:
(1) the consumer protection division or the district or county attorney demanded that the sponsor of the advertisement cease further dissemination of the advertisement;
(2) the sponsor of the advertisement is given a reasonable amount of time to ensure the advertisement is withdrawn from dissemination to the public; and
(3) the sponsor of the advertisement fails to ensure the advertisement is withdrawn from dissemination to the public within the time provided.
(Goldman in the chair)
Amendment No. 1 was adopted.
SB 1189, as amended, was passed to third reading.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Burrows requested permission for the Committee on Ways and Means to meet while the house is in session, at 3 p.m. today, in 3W.9, to consider referred and pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Ways and Means, 3 p.m. today, 3W.9, for a formal meeting, to consider referred and pending business.
(Krause in the chair)
COMMITTEE GRANTED PERMISSION TO MEET
Representative Button requested permission for the Committee on Urban Affairs to meet while the house is in session, at 3:30 p.m. today, in 3W.15, to consider referred and pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Urban Affairs, 3:30 p.m. today, 3W.15, for a formal meeting, to consider referred and pending business.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).
GENERAL STATE CALENDAR
(consideration continued)
CSSB 357 ON SECOND READING
(Canales - House Sponsor)
CSSB 357, A bill to be entitled An Act relating to outdoor advertising signs regulated by the Texas Department of Transportation.
(Goldman in the chair)
Amendment No. 1
Representative Canales offered the following amendment to CSSB 357:
Amend CSSB 357 (house committee printing), on page 2, by striking lines 7-12 and substituting the following:
(c) A person who holds a permit for a sign existing on March 1, 2017, that was erected before that date may rebuild the [a] sign [described by Subsection (a) without obtaining a new or amended permit from the department], provided that the sign is rebuilt at the same location where the sign existed on that date [March 1, 2017, and] at a height that does not exceed the lesser of:
(1) the height of the sign on March 1, 2017; or
(2) 85 feet [that date].
(c-1) Except as provided by Subsection (c-2), before rebuilding a sign under Subsection (c), the person who holds the permit for the sign must obtain a new or amended permit if required by:
(1) a provision of this chapter; or
(2) a rule adopted to implement a provision of this chapter.
(c-2) Subsection (c-1) does not apply to the rebuilding of a sign under Subsection (c) if the person who holds the permit for the sign rebuilds because of damage to the sign caused by:
(1) wind or a natural disaster;
(2) a motor vehicle accident; or
(3) an act of God.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Morrison offered the following amendment to CSSB 357:
Amend CSSB 357 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 391, Transportation Code, is amended by adding Section 391.0381 to read as follows:
Sec. 391.0381. VIOLATIONS BY CERTAIN PERSONS OF SIGN HEIGHT PROVISION: PERMIT DENIAL. (a) This section applies only to a person who has permits for 100 or more signs.
(b) If a sign for which a person has a permit violates Section 391.038 or a rule adopted to implement that section, the commission may, after notice and an opportunity for a hearing before the commission, deny an application for a permit requested by the person on or after the date of the violation.
(c) The commission may deny an application for a permit or permit renewal for a sign if another sign for which the person has a permit is in violation of Section 391.038. The commission is not required to issue a permit to or renew a permit of the person for a sign until all signs for which the person has a permit comply with Section 391.038.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Morrison offered the following amendment to CSSB 357:
Amend CSSB 357 (house committee printing) as follows:
(1) On page 1, strike lines 8-17 and substitute the following:
provided by this section, a sign may not be higher than 60 feet [This section applies only to a sign existing on March 1, 2017, that was erected before that date].
(2) Strike page 1, line 23, through page 2, line 6, and substitute the following:
than 85 feet [, excluding a cutout that extends above the rectangular border of the sign, measured:
[(1)
from the grade level of the centerline of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or
[(2)
if the main-traveled way is below grade, from the base of the sign structure].
(3) On page 2, between lines 12 and 13, insert the following:
(d) For purposes of this section, the height of a sign:
(1) excludes a cutout that extends above the rectangular border of the sign; and
(2) is measured:
(A) from the grade level of the edge of the pavement of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or
(B) if the main-traveled way is below grade, from the base of the sign structure.
Representative Canales moved to table Amendment No. 3.
The motion to table prevailed.
Amendment No. 4
Representative Zwiener offered the following amendment to CSSB 357:
Amend CSSB 357 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 280, Transportation Code, is amended by adding Section 280.004 to read as follows:
Sec. 280.004. COUNTY APPROVAL FOR CERTAIN COMMERCIAL SIGNS. (a) This section applies only to a commercial sign, as defined by Section 391.001, located:
(1) in a county with a population of more than 155,000 but not more than 190,000; and
(2) adjacent to and visible from a farm-to-market or ranch-to-market road.
(b) The commissioners court of a county by order may require a person to obtain county approval for the construction or reconstruction of a commercial sign.
(c) The department may not issue a permit under Chapter 391 to an applicant who is required to obtain county approval under this section unless the person has obtained the required county approval.
Representative Canales moved to table Amendment No. 4.
The motion to table was lost.
LEAVE OF ABSENCE GRANTED
Pursuant to a previous motion, the following member was granted leave of absence temporarily for today to attend a meeting of the Conference Committee on HB 1:
Longoria on motion of Wu.
CSSB 357 - (consideration continued)
Amendment No. 4 - Point of Order
Representative Cain raised a point of order against further consideration of Amendment No. 4 under Rule 8, Section 10(b), of the House Rules on the grounds that the amendment limits the bill's application to one or more political subdivisions by means of artificial devices.
The point of order was withdrawn.
Amendment No. 4 was withdrawn.
CSSB 357, as amended, was passed to third reading.
CSSB 1257 ON SECOND READING
(Leach and G. Bonnen - House Sponsors)
CSSB 1257, A bill to be entitled An Act relating to the investigation and prosecution of criminal offenses involving the trafficking of persons.
CSSB 1257 - POINT OF ORDER
Representative J. González raised a point of order against further consideration of CSSB 1257 under Rule 4, Section 11, and Rule 4, Section 18, of the House Rules on the grounds that the committee meeting notice and committee minutes are not accurate.
The point of order was withdrawn.
CSSB 1257 - POINT OF ORDER
Representative Moody raised a point of order against further consideration of CSSB 1257 under Rule 4, Section 32(c)(2), and Rule 4, Section 32(c)(5), of the House Rules on the grounds that the bill analysis is inaccurate and substantially misleading.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Price requested permission for the Committee on Calendars to meet while the house is in session, at 4:30 p.m. today, in 3W.9, to consider a calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, 4:30 p.m. today, 3W.9, for a formal meeting, to consider a calendar.
CSSB 1257 - (consideration continued)
The point of order was withdrawn.
Amendment No. 1
Representative Moody offered the following amendment to CSSB 1257:
Amend CSSB 1257 (house committee report) as follows:
(1) On page 2, line 14, strike "The" and substitute "With the consent of the appropriate local county or district attorney or attorneys, the".
(2) On page 2, line 20, strike "The" and substitute "With the consent of the appropriate local county or district attorney or attorneys, the".
(3) On page 2, starting on line 26, strike proposed Subsection (d).
(4) On page 3, strike lines 2 through 26.
Amendment No. 1 - Point of Order
Representative Cain raised a point of order against further consideration of Amendment No. 1 under Rule 11, Section 3, of the House Rules on the grounds that the amendment changes the original purpose of the bill.
The point of order was withdrawn.
Representative Leach moved to table Amendment No. 1.
The motion to table was lost.
(Speaker in the chair)
Amendment No. 1 was adopted.
CSSB 1257, as amended, was passed to third reading.
SB 1312 ON SECOND READING
(Guerra - House Sponsor)
SB 1312, A bill to be entitled An Act relating to certain programs to prevent vector-borne and zoonotic diseases in border counties; requiring an occupational license; authorizing a fee.
SB 1312 was passed to third reading.
SB 1370 ON SECOND READING
(Ashby - House Sponsor)
SB 1370, A bill to be entitled An Act relating to invoices and payments under certain state contracts for outside legal services.
SB 1370 was passed to third reading.
SB 557 ON SECOND READING
(Moody - House Sponsor)
SB 557, A bill to be entitled An Act relating to use of the electronic funds transfer system operated by the comptroller.
Amendment No. 1
Representative P. King offered the following amendment to SB 557:
Amend SB 557 (house committee printing) as follows:
(1) On page 1, lines 6 and 7, strike "(f-1) and (f-2)" and substitute "(f-1), (f-2), and (f-3)".
(2) On page 2, line 14, strike "(f-1) [(2)] The" and substitute "(f-1) Except as provided by Subsection (f-3), the [(2) The]".
(3) On page 2, between lines 21 and 22, insert the following:
(f-3) The comptroller may not use the electronic funds transfer system to deposit dues or membership fees for a labor union.
Amendment No. 1 was withdrawn.
SB 557 was passed to third reading.
SB 1852 ON SECOND READING
(Smithee - House Sponsor)
SB 1852, A bill to be entitled An Act relating to disclosures required in connection with the issuance of certain health benefit plans.
Amendment No. 1
Representative Lucio offered the following amendment to SB 1852:
Amend SB 1852 (house committee printing) as follows:
(1) On page 1, line 20, strike "The change in law made by this Act" and substitute "Chapter 1507, Insurance Code, as amended by this Act,".
(2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill as appropriate:
SECTION ____. Subtitle G, Title 8, Insurance Code, is amended by adding Chapter 1509 to read as follows:
CHAPTER 1509. SHORT-TERM LIMITED-DURATION INSURANCE
Sec. 1509.001. DEFINITION. In this chapter, "short-term limited-duration insurance" has the meaning assigned by 26 C.F.R. Section 54.9801-2.
Sec. 1509.002. POLICY DISCLOSURE FORM. (a) The commissioner by rule shall prescribe a disclosure form to be provided with a short-term limited-duration insurance policy and application.
(b) The disclosure form must be in an easily readable font at least 14-point in size and include:
(1) the duration of coverage;
(2) a statement:
(A) of the number of times the policy may be renewed or that the policy may not be renewed, as applicable;
(B) that the expiration of short-term coverage is not a qualifying life event that would make a person eligible for a special enrollment period; and
(C) that the policy may expire outside of the open enrollment period;
(3) to the extent the information is available, the dates of the next three open enrollment periods under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148) following the date the policy expires;
(4) whether the policy contains any limitations or exclusions to preexisting conditions;
(5) the maximum dollar amount payable under the policy;
(6) the deductibles under the policy and the health care services to which the deductibles apply;
(7) whether the following health care services are covered, including:
(A) prescription drug coverage;
(B) mental health services;
(C) substance abuse treatment;
(D) maternity care;
(E) hospitalization;
(F) surgery;
(G) emergency health care; and
(H) preventive health care; and
(8) any other information the commissioner determines is important for a purchaser of a short-term limited-duration insurance policy.
(c) An insurer issuing a short-term limited-duration insurance policy shall adopt procedures in accordance with commissioner rule to obtain a signed form from the insured acknowledging receipt of the disclosure form described by this section. The rule must allow for electronic acknowledgment. The insurer shall retain an acknowledgment form until the fifth anniversary of the date the insurer receives the form, and the insurer shall make the form available to the department on request.
SECTION ____. Not later than January 1, 2020, the commissioner of insurance shall prescribe the disclosure form required by Section 1509.002, Insurance Code, as added by this Act.
SECTION ____. Chapter 1509, Insurance Code, as added by this Act, applies only to an insurance policy delivered, issued for delivery, or renewed on or after January 1, 2020. An insurance policy delivered, issued for delivery, or renewed before January 1, 2020, 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.
Amendment No. 1 was adopted.
SB 1852, as amended, was passed to third reading.
CSSB 1497 ON SECOND READING
(Parker - House Sponsor)
CSSB 1497, A bill to be entitled An Act relating to the registration and regulation of brokers by the Public Utility Commission of Texas.
CSSB 1497 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE MURPHY: As we create this new registration at the PUC, I want to establish some legislative intent to make sure we prevent any unintended consequences and focus on the limited purpose that you're bringing it for us. Do you agree this registration should be limited in its purpose?
REPRESENTATIVE PARKER: Absolutely, it needs to be limited in its purpose. We want them to be very strict in terms of just making certain that they're only talking about contact information, the most basic information about the entity. We want them to be able to use their authority very sparingly. I want this to be extraordinarily limited.
MURPHY: And so the information you're asking them to provide is really contact information and then the type of business entity under which they operate.
PARKER: That is absolutely correct––just very simple information so that we can protect all the wonderful brokers that are out there that are keeping our electric, if you will, system and economy healthy, if you will, here in Texas.
MURPHY: Representative Parker, I know you've worked hard on this, and you recognize it's mostly good actors, but there are some that are not, perhaps, good actors. And this will help identify that?
PARKER: That's correct.
MURPHY: But importantly, this does not authorize any fee or new fees at the PUC, and it's not your intention to create that kind of structure.
PARKER: Representative Murphy, 100 percent. There is no fee at all associated with this. That needs to always be the way it is going forward. I intend to personally shepherd this process and make certain the PUC keeps it very simple to just filling out a basic form with the most basic of information. Again, we want brokers that are doing a wonderful job for Texas to continue to do so and to not have any of their secret sauce, so to speak, with regard to how they operate their business to become public.
REMARKS ORDERED PRINTED
Representative Murphy moved to print remarks between Representative Parker and Representative Murphy on CSSB 1497.
The motion prevailed.
CSSB 1497 was passed to third reading.
SB 1511 ON SECOND READING
(Cyrier, Toth, Martinez, Holland, and Bucy - House Sponsors)
SB 1511, A bill to be entitled An Act relating to the operation of the Battleship "Texas."
SB 1511 - REMARKS
REPRESENTATIVE CYRIER: As many of you all know, the Battleship Texas, our prize battleship that withstood both World War I and World War II, has faced significant setbacks over the years. It's taken millions of dollars in state funds and has taken on thousands of gallons of water each day and requires pumps actually 24/7. This bill would allow us, the Texas Parks and Wildlife Department, to enter a 99-year MoU with a qualified 501(c)(3), which will finally put the battleship on a path to be self-sufficient and efficiently operated without future government assistance. The current plan is to transport the battleship from its current location to a dry dock for complete repair and reskinning and bring it back to a prominent place in the state for future generations to enjoy, preserving its status as a museum and giving it the respect it deserves for this last standing ship of its kind.
Amendment No. 1
Representatives Cain and Perez offered the following amendment to SB 1511:
Amend SB 1511 (house committee printing) as follows:
(1) On page 2, line 6, strike "and".
(2) On page 2, line 11, between "asset" and the underlined period, insert the following:
; and
(4) requiring the battleship to be returned to the San Jacinto Battleground State Historic Site after repairs have been completed
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE CAIN: The Battleship Texas has been docked at the San Jacinto Battleground state park since April 20, 1948. This amendment would require that when the battleship is done being restored, that it be returned to where it has been since April 20, 1948. There's been stories that when they're done restoring this battleship that they move it somewhere else like Galveston, Texas. That's fine, but it's not going back to where it has always been. The Battleship Texas and the San Jacinto Monument, for everybody living today, are inseparable. We all know them as the Battleship Texas and the San Jacinto Monument. However, if it's not returned to the San Jacinto Monument––
REPRESENTATIVE TOTH: At what point, Representative Cain, do we stop doing what we've always done, which is band-aid after band-aid after band-aid with the State of Texas bailing this program out? It's obviously not sustainable where it is now, and it's going to mean more and more money poured into this ship. At what point do we stop doing that?
CAIN: That's an ad hominem attack, Mr. Toth. This would not change that. Instead of it being dry docked––
TOTH: It does change it because it moves it to a place where there are tourists on a daily basis.
CAIN: There are tourists on a daily basis at the San Jacinto Battleground.
TOTH: But it's not working, obviously, is it?
CAIN: No, sir. That's not––with respect, my answer "no, sir" was not that it's not working. My answer "no, sir" is that you had alleged that the state is pouring money into it. The battleship will be repaired, one. That is the problem. It then needs to be brought back. So in lieu of returning it to Galveston, it should go back to where it has always been, in Representative Mary Ann Perez's district where it attracts tourism, where people come and see the San Jacinto Monument and the Battleship Texas. If you care about Texas history, sir, you would care that people might come see the Battleship Texas, and while they are there, they will learn about Texas independence, and that matters. So it's not about a fiscal thing. It's about returning it to where it was. I hope y'all are listening. We are planning right now––and you've been concerned, Mr. Toth, about the movement of the cenotaph. The Battleship Texas, USS Texas, BB-35, has always been at the San Jacinto Monument. That is where it should be, in Mary Ann Perez's district, and it's where it should remain after it is repaired. Moving that will not only hurt tourism. Everyone knows them together . You're going to separate the two. You should not be okay with this. This is erasing history.
REPRESENTATIVE BIEDERMANN: It seems that we're using the words "more prominent place" a little too often here in Austin. So why would there be something more prominent than where it's been for the last 60 years or however long it's been there? Why would that be a more prominent place than where it's been right next to San Jacinto?
CAIN: They are known together. You look at every commemorative plate, every collector's item that's about the San Jacinto Monument, you see the battleship there. They're inseparable. To do that would do a great deal of harm to Representative Perez's district. I do plan to move adoption at some point and allow her to address this issue. She was away on important business so I needed to do this until she could get here and do this. But this is just wrong. It won't do any kind of fiscal note. If they need to move it, they can move it, repair it, and return it to where it should be, where it has always been.
BIEDERMANN: Well, I think it's something that everybody here would want to fight for for their district. For something like the Battleship Texas that has been there for so long, they should fight to keep it where it is and not let it go to somebody's own opinion of what a more prominent place is. So I hope people are listening to what you're saying, Representative, and they will vote in favor of your amendment.
CAIN: Yes, the children should not be torn away from their history. We should return this battleship back to Harris County, back to House District 144 in La Porte, Texas. With that, I move adoption.
CYRIER: First of all, the bill that we're talking about, SB 1511, does not talk about the final location of Battleship Texas. What we are doing here is preserving the battleship. We have an opportunity, instead of scrapping our beloved Battleship Texas, we have an opportunity here to save it and reskin the ship for future Texans to have the opportunity to observe. This is the last and only World War I, World War II dreadnought battleship still left in history. And of course, there was a study done by the Battleship Texas Foundation. They spent nearly half a million dollars for a feasibility study on this to look at what they could do to one, save the battleship, but also, two, look at it for the future. And the future recommendation is to look at a new location for the battleship once it's restored. But what this bill talks about is restoring the battleship, saving the battleship first and foremost. The discussion of its final location is not part of this. So with that, Mr. Speaker, I would like to table this amendment.
Representative Cyrier moved to table Amendment No. 1.
CAIN: Regretfully, the gentleman moved to table, which disallowed Ms. Perez to speak. And so because a motion to table is not a vote on that amendment, I would ask that you vote against that motion to table so you can hear Representative Perez give a reason why a Texas historical landmark, a treasure, the last dreadnought, be able to be returned to her district. Because he's moved to table, she's not able to give her words, so if you vote to table, you've silenced a member of this body. With that, I ask you to vote against this motion to table.
A record vote was requested by Representative Cain.
The motion to table was lost by (Record 1407): 63 Yeas, 78 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Bailes; Bell, K.; Bonnen; Bowers; Bucy; Burns; Button; Capriglione; Cole; Cortez; Craddick; Cyrier; Darby; Davis, S.; Deshotel; Farrar; Flynn; Frullo; Geren; Goldman; González, J.; Guerra; Gutierrez; Harris; Howard; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Landgraf; Lang; Larson; Martinez; Middleton; Morrison; Murr; Nevárez; Ortega; Paddie; Price; Reynolds; Rose; Schaefer; Shaheen; Sheffield; Shine; Smith; Springer; Stucky; Toth; Turner, J.; VanDeaver; Wray; Zerwas.
Nays — Anchia; Anderson; Ashby; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Buckley; Burrows; Cain; Canales; Clardy; Coleman; Collier; Davis, Y.; Dean; Dominguez; Dutton; Fierro; Frank; Gervin-Hawkins; González, M.; Goodwin; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Huberty; King, P.; Krause; Leman; Lopez; Lozano; Lucio; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Muñoz; Murphy; Neave; Oliverson; Pacheco; Parker; Patterson; Paul; Perez; Phelan; Ramos; Raney; Raymond; Rodriguez; Romero; Sherman; Smithee; Stephenson; Stickland; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Vo; Walle; White; Wilson; Wu; Zedler; Zwiener.
Present, not voting — Mr. Speaker(C); Sanford.
Absent, Excused — Holland.
Absent, Excused, Committee Meeting — Longoria.
Absent — Calanni; Leach; Noble; Rosenthal; Talarico.
STATEMENTS OF VOTE
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Anchia
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Ashby
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Bernal
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Bohac
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Buckley
When Record No. 1407 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Burrows
When Record No. 1407 was taken, I was in the house but away from my desk. I would have voted yes.
Calanni
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Clardy
When Record No. 1407 was taken, I was shown voting yes. I intended to vote no.
Cortez
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Dean
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Gervin-Hawkins
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Hefner
When Record No. 1407 was taken, I was excused because of important business in the district. I would have voted yes.
Holland
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
P. King
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Krause
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Leman
When Record No. 1407 was taken, I was excused to attend a meeting of the Conference Committee on HB 1. I would have voted yes.
Longoria
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Martinez Fischer
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Metcalf
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Meyer
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Minjarez
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Moody
When Record No. 1407 was taken, I was in the house but away from my desk. I would have voted yes.
Noble
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Oliverson
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Raymond
When Record No. 1407 was taken, I was temporarily out of the house chamber. I would have voted no.
Talarico
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
E. Thompson
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Wilson
When Record No. 1407 was taken, I was shown voting no. I intended to vote yes.
Wu
Amendment No. 1 was adopted.
SB 1511, as amended, was passed to third reading.
SB 1511 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Cyrier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Paul, Hunter, Phelan, Krause, Middleton, and Metcalf as co-sponsors to SB 1511.
The motion prevailed.
SB 781 ON SECOND READING
(Leman - House Sponsor)
SB 781, A bill to be entitled An Act relating to the regulation of child-care facilities.
Amendment No. 1
Representative J.D. Johnson offered the following amendment to SB 781:
Amend SB 781 (house committee printing) as follows:
(1) On page 12, line 22, between "license" and the underlined period, insert "provided the operation meets the requirements for holding a hearing adopted under Subsection (c)".
(2) On page 13, between lines 1 and 2, insert the following:
(c) The commission, with assistance from the department and county commissioners in the state, shall adopt rules to establish the circumstance for holding a public hearing regarding the renewal of a general residential operation's license under Subsection (a). The rules adopted under this subsection must authorize the commission to hold the hearing for a general residential operation the commission determines is a nuisance to the neighborhood in which the operation is located based on submitted information, including the number and type of complaints relating to the operation received by the commission, the department, and local law enforcement.
Representative Leman moved to table Amendment No. 1.
A record vote was requested by Representative J.D. Johnson.
The motion to table prevailed by (Record 1408): 93 Yeas, 52 Nays, 1 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cole; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; Harless; Harris; Hefner; Huberty; Hunter; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Lozano; Lucio; Metcalf; Meyer; Middleton; Miller; Minjarez; Morrison; Murphy; Murr; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; Turner, J.; VanDeaver; Vo; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Allen; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; González, J.; González, M.; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, E.; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Moody; Morales; Muñoz; Neave; Nevárez; Ortega; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Walle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Holland.
Absent, Excused, Committee Meeting — Longoria.
Absent — Goodwin; Leach.
SB 781 was passed to third reading.
(Longoria now present)
SB 1468 ON SECOND READING
(Goodwin - House Sponsor)
SB 1468, A bill to be entitled An Act relating to annexation by certain municipalities of a special district under a strategic partnership agreement.
Amendment No. 1
Representative Rodriguez offered the following amendment to SB 1468:
Amend SB 1468 (house committee printing) as follows:
(1) On page 1, strike lines 18-21 and substitute the following:
only to annexation under a strategic partnership agreement:
(1) entered into by:
(A) a municipality that operates a municipally owned water utility; and
(B) a municipal utility district;
(2) On page 1, line 22, strike "(B)" and substitute "(2)"
(3) On page 1, line 24, between "district" and the underlined period, insert the following:
; and
(3) that became effective on November 1, 2013
COMMITTEE GRANTED PERMISSION TO MEET
Representative Zerwas requested permission for the Committee on Appropriations to meet while the house is in session, at 6:30 p.m. today, in 3W.15, to consider pending and referred business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Appropriations, 6:30 p.m. today, 3W.15, for a formal meeting, to consider pending and referred business.
SB 1468 - (consideration continued)
Amendment No. 1 was withdrawn.
Representative Goodwin moved to postpone consideration of SB 1468 until the end of the second reading calendar.
The motion prevailed.
SB 1531 ON SECOND READING
(White - House Sponsor)
SB 1531, A bill to be entitled An Act relating to the eligibility for certain occupational licenses and the use of a person's criminal history as grounds for certain actions related to the license.
SB 1531 was passed to third reading.
SB 2200 ON SECOND READING
(J. Turner, S. Davis, Sheffield, and Cortez - House Sponsors)
SB 2200, A bill to be entitled An Act relating to the authority of the Health and Human Services Commission to obtain criminal history record information.
Amendment No. 1
Representative J. Turner offered the following amendment to SB 2200:
Amend SB 2200 (house committee report) on page 16, line 24, by striking "(7)(C)" and substituting "(7)(B), (C),".
Amendment No. 1 was adopted.
SB 2200, as amended, was passed to third reading.
SB 1700 ON SECOND READING
(Miller - House Sponsor)
SB 1700, A bill to be entitled An Act relating to the discharge of a prisoner from a county jail.
SB 1700 was passed to third reading.
CSSB 2119 ON SECOND READING
(Goldman - House Sponsor)
CSSB 2119, A bill to be entitled An Act relating to the transfer of the regulation of motor fuel metering and motor fuel quality from the Department of Agriculture to the Texas Department of Licensing and Regulation; providing civil and administrative penalties; creating criminal offenses; requiring occupational licenses; authorizing fees.
(Holland now present)
CSSB 2119 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE HERRERO: Representative Goldman, let me first apologize for not coming to you before you came to the mic. I've been trying to compare what we've done with this provision in the law with Representative Darby and then now with the bill that we have before us. And so I was comparing between the two codes and the two bills, or really three bills. Let me ask you one part––I think all of it is transferring over. I know that you've got some amendments that are also bringing over some provisions that were not brought in as part of the bill. So if I may, I'd like to ask you––I don't know if you have the copy of your bill there.
REPRESENTATIVE GOLDMAN: I do.
HERRERO: So on the bottom of page 5, on line 20, that's the provision that I'm most interested in asking questions about, and it goes through the top of page 6. So as I read that section, Section 2310.053, which starts on line 20, talks about exemptions of, essentially, of this bill. And as I read this part of the bill, it talks about how TDLR now, under the new department that will have regulatory authority over the motor fuels––it says that they will allow motor fuel devices to be exempt from the provisions of the bill, as I read it. And it lists out the reasons which would determine whether or not to exempt a device. One of those is it "is not cost-effective for the department." The other one is it's "not feasible with current resources or standards." And then the other one is it "will not substantially benefit or protect consumers." Did you follow me on those provisions?
GOLDMAN: I followed you, Mr. Herrero, but I will tell you the only thing this bill does is take what TDA is doing now and just transfer it to TDLR. That's it.
HERRERO: And I understand that. One thing is I couldn't find this exemption in the existing Agriculture Code. So really all I'm trying to find out is, under these things that would determine for TDLR what would be a device that would be exempt––the scenario that I think of is if TDLR determines that a certain device is exempt from the provisions of the bill because it thinks that all of these things are met, right? And it doesn't believe that it will substantially protect the consumer. But in the hypothetical where a consumer does pump fuel from an exempted motor fuel device and it so happens that it is bad fuel, would that, under your understanding of this bill, prohibit a consumer from being able to file a complaint against the noncompliant motor fuel?
GOLDMAN: No, under my understanding of the bill, absolutely not. The consumer will still have that ability. The consumer absolutely will still have the ability to file a complaint. Absolutely.
HERRERO: Right, and so that was my concern. And I believe that all the rest of the provisions of the bill transfer from Texas Department of Agriculture as well to TDLR?
GOLDMAN: Yes, sir.
HERRERO: And so my understanding is that these provisions that were first created as part of the Department of Agriculture obviously have consumer protections in mind and as a whole intent of the bill and the law. Is that your understanding as well?
GOLDMAN: Absolutely. Yes, sir.
HERRERO: And so in transferring the provisions that used to be under the Department of Agriculture or that currently are, under this bill they would transfer to TDLR. All of those same provisions and the intentions to protect consumers will remain. Is that correct?
GOLDMAN: Absolutely correct. Yes, sir.
REMARKS ORDERED PRINTED
Representative Herrero moved to print all remarks on CSSB 2119.
The motion prevailed.
Amendment No. 1
Representative Goldman offered the following amendment to CSSB 2119:
Amend CSSB 2119 as follows:
(1) Add the following appropriately numbered SECTION to the bill and renumber the SECTIONS of the bill as appropriate:
SECTION ____. Sections 17.001, 17.0515, 17.052, 17.053, 17.054, 17.055, 17.152, 17.153, and 17.154, Agriculture Code, are transferred to Subchapter E, Chapter 2310, Occupations Code, as added by this Act, redesignated as Sections 2310.2001, 2310.2011, 2310.2012, 2310.2013, 2310.2014, 2310.2015, 2310.207, 2310.208, and 2310.209, Occupations Code, and amended to read as follows:
Sec. 2310.2001 [17.001]. DEFINITIONS. In this subchapter [chapter]:
(1) "Automotive fuel rating" has the meaning assigned by 15 U.S.C. Section 2821.
(2) "Dealer" means a person who:
(A) is the operator of a service station or other retail outlet; and
(B) delivers motor fuel into the fuel tanks of motor vehicles or motor boats.
(3) "Distributor" has the meaning assigned by Section 162.001, Tax Code.
(4) "Jobber" means a person who purchases tax-paid gasoline for resale or distribution at wholesale.
(5) "Motor fuel" has the meaning assigned by Section 162.001, Tax Code.
(6) "Supplier" has the meaning assigned by Section 162.001, Tax Code.
(7) "Wholesaler" means a person who purchases tax-paid gasoline for resale or distribution at wholesale.
Sec. 2310.2011 [17.0515]. NOTICE OF MOTOR FUEL TAX RATES. (a) The department shall display on each motor fuel pump from which motor fuel is sold at retail a notice of the current rates of the federal and state motor fuel taxes. The notice must:
(1) display the current rate of each tax, in cents per gallon, for each type of motor fuel;
(2) be displayed on each face of the motor fuel pump on which the price of the motor fuel sold from the pump is displayed; and
(3) be displayed in a clear, conspicuous, and prominent manner.
(b) The department shall include the notice required under Subsection (a) with any other notice displayed or required by commission [department] rule to be displayed [, including a "Fuel Feedback?" sticker].
Sec. 2310.2012 [17.052]. DOCUMENTATION OF MOTOR FUEL MIXTURE SALES. (a) Except as provided by Subsection (b), a distributor, supplier, wholesaler, or jobber of motor fuel may not deliver to an outlet in this state a motor fuel mixture that contains ethanol or methanol exceeding one percent by volume of the mixture unless, at the time of the delivery of the mixture, the person also delivers to the outlet receiving the delivery a manifest, bill of sale, bill of lading, or other document evidencing delivery of the mixture, that includes a statement containing:
(1) the percentage of ethanol or methanol contained in the mixture; and
(2) the types and percentages of any associated cosolvents contained in the mixture.
(b) Subsection (a) does not apply to a delivery made into the fuel supply tanks of a motor vehicle.
(c) The commission [commissioner] by rule may prescribe the form of the statement required by Subsection (a).
Sec. 2310.2013 [17.053]. RECORD OF DELIVERY DOCUMENTS; INSPECTION AUTHORIZED. (a) Each dealer shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 [17.052] until the fourth anniversary of the delivery date.
(b) Each distributor, supplier, wholesaler, and jobber of motor fuel shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 [17.052] until the fourth anniversary of the delivery date.
(c) The department [commissioner] or an authorized representative of the department [commissioner] may inspect documents described by this section. On written notice issued [presented] by the department [commissioner] or an authorized representative of the department [commissioner] to any employee at a dealer's station or retail outlet or mailed to the principal place of business of a dealer, distributor, supplier, wholesaler, or jobber, the dealer, distributor, supplier, wholesaler, or jobber shall provide the department [commissioner] or authorized representative of the department [commissioner] with the documents described by this section within the period specified in the notice.
(d) The commission [commissioner] by rule may:
(1) require each dealer, distributor, supplier, wholesaler, and jobber to maintain and make available to the department:
(A) invoices, receipts, or other transmittal documents or records, including electronically stored information, showing or describing the purchase, sale, delivery, or distribution of motor fuel;
(B) invoices, receipts, work orders, reports, or other documents, including electronically stored information, showing or describing the installation, maintenance, or repair of:
(i) motor fuel dispensing devices; and
(ii) any equipment used in connection with motor fuel dispensing devices to record, display, or produce receipts or audit trails concerning the purchase, sale, delivery, or distribution of motor fuel; and
(C) any record or other document related to the sampling and testing of motor fuel purchased, sold, delivered, or distributed by the dealer, distributor, supplier, wholesaler, or jobber; and
(2) prescribe:
(A) the manner of filing documents or records required to be kept under this section or by commission [department] rule; and
(B) the time, place, and manner of inspection of the documents or records.
Sec. 2310.2014 [17.054]. DOCUMENTS RELATING TO POSTING OR CERTIFICATION OF AUTOMOTIVE FUEL RATINGS. (a) Each dealer shall keep for at least one year a copy of:
(1) each delivery ticket or letter of certification on which the dealer based a posting of the automotive fuel rating of motor fuel contained in a motor fuel pump;
(2) each delivery ticket or letter of certification that is required to be delivered to the dealer under 16 C.F.R. Part 306; and
(3) records of any automotive fuel rating determination made by the dealer under 16 C.F.R. Part 306.
(b) Each distributor or supplier shall keep for at least one year at the distributor's or supplier's principal place of business a copy of each delivery ticket or letter of certification required to be delivered by the distributor or supplier to a dealer in this state under 16 C.F.R. Part 306.
(c) The department [commissioner] or an authorized representative of the department [commissioner] may inspect a document required to be kept under this section. On written notice issued [presented] by the department [commissioner] or an authorized representative of the department [commissioner] to any employee at a dealer's station or retail outlet or mailed to the dealer's principal place of business, the dealer shall provide the department [commissioner] or authorized representative of the department [commissioner] with the documents described by this section within the period specified in the notice.
(d) The commission [commissioner] by rule may:
(1) require each dealer to maintain and make available to the department:
(A) invoices, receipts, or other transmittal documents or records, including electronically stored information, showing or describing the purchase, sale, delivery, or distribution of motor fuel;
(B) invoices, receipts, work orders, reports, or other documents, including electronically stored information, showing or describing the installation, maintenance, or repair of:
(i) motor fuel dispensing devices; and
(ii) any equipment used in connection with motor fuel dispensing devices to record, display, or produce receipts or audit trails concerning the purchase, sale, delivery, or distribution of motor fuel; and
(C) any record or other document related to the sampling and testing of motor fuel purchased, sold, delivered, or distributed by the dealer; and
(2) prescribe:
(A) the manner of filing documents or records required to be kept under this section or by commission [department] rule; and
(B) the time, place, and manner of inspection of the documents or records.
Sec. 2310.2015 [17.055]. SALE OF MOTOR FUEL WITH INACCURATE AUTOMOTIVE FUEL RATING. (a) A dealer may not sell or offer for sale from a motor fuel pump motor fuel that has an automotive fuel rating lower than the rating for that motor fuel posted on the pump.
(b) A distributor or supplier of motor fuel may not deliver or transfer to a dealer in this state motor fuel that has an automotive fuel rating lower than the certification of the rating the distributor or supplier is required to make to the dealer under federal law.
Sec. 2310.207 [17.152]. CIVIL ACTION. (a) If a dealer or a distributor, supplier, wholesaler, or jobber of motor fuel violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055], a motor fuel user who purchased the motor fuel and sustained damages or who has a complaint about the product may bring an action against the dealer, distributor, supplier, wholesaler, or jobber.
(b) The action may be brought, without regard to the specific amount of damages, in the district court in any county in which:
(1) the dealer, distributor, supplier, wholesaler, or jobber transacts business; or
(2) the dealer resides.
(c) The court shall award to a motor fuel user who prevails in an action under this section:
(1) the amount of actual damages;
(2) equitable relief as determined by the court to be necessary to remedy the effects of the violation, including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and
(3) court costs and attorney's fees that are reasonable in relation to the amount of work expended.
(d) In addition to the remedies provided under Subsection (c), on finding that the defendant wilfully or knowingly violated Section 2310.201, 2310.2012, or 2310.2013 [17.051, 17.052, or 17.053], the trier of fact shall award not more than three times the amount of actual damages.
(e) A violation of Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] also constitutes a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code.
(f) An action alleging a violation of Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] must be commenced and prosecuted not later than the second anniversary of the date on which the cause of action accrues.
Sec. 2310.208 [17.153]. CIVIL PENALTY. A dealer, distributor, supplier, wholesaler, or jobber who violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] is liable to this state for a civil penalty of not less than $200 and not more than $10,000.
Sec. 2310.209 [17.154]. CRIMINAL OFFENSES. (a) A person commits an offense if the person knowingly violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] or a rule adopted by the commission [commissioner] to enforce or implement those sections.
(b) A person commits an offense if the person knowingly:
(1) refuses to permit an authorized [a] person [authorized by Section 17.102] to test any motor fuel sold or held for sale in this state;
(2) refuses to permit inspection of any document required to be kept or delivered by this subchapter [chapter] on request of a person authorized to inspect the documents under Section 2310.2013 or 2310.2014 [17.053 or 17.054]; or
(3) mutilates, destroys, secretes, forges, or falsifies any document, record, report, or sign required to be delivered, kept, filed, or posted by this subchapter [chapter] or any rule adopted by the commission [commissioner] to enforce this subchapter [chapter].
(c) An offense under Subsection (a) is a Class C misdemeanor.
(d) An offense under Subsection (b) is a Class B misdemeanor.
(e) The department or executive director [commissioner or the authorized representative of the commissioner] may request the appropriate prosecuting attorney to prosecute a violation of this chapter.
(2) On page 32, line 16, strike "and".
(3) On page 32, strike line 17 and substitute the following:
(8) the heading to Chapter 17;
(9) the heading to Subchapter A, Chapter 17;
(10) the heading to Subchapter B, Chapter 17;
(11) Section 17.051;
(12) Subchapter B-1, Chapter 17;
(13) Subchapter C, Chapter 17;
(14) the heading to Subchapter D, Chapter 17;
(15) Section 17.151;
(16) Section 17.155; and
(17) Section 17.156.
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE GOLDMAN: Members, in reviewing the bill we discovered a drafting error where a few sections of the old Chapter 17, regulating the transfer of the Fuel Quality program, were not recodified in the new chapter we are creating. This amendment simply moves those sections to the new chapter and updates the references internally.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Goldman offered the following amendment to CSSB 2119:
Amend CSSB 2119 (house committee report) as follows:
(1) On page 32, line 24, following the period, insert "The Department of Agriculture may not, on or after the effective date of this Act, change a rule, fee, policy, procedure, decision, or form that relates to a program or activity transferred under this Act."
(2) On page 33, line 11, following the period, insert "The Department of Agriculture may not, on or after the effective date of this Act, take any action on a complaint, investigation, contested case, or other proceeding relating to a program or activity transferred under this Act without the approval of the executive director of the Texas Department of Licensing and Regulation or a person designated by the executive director of that department."
AMENDMENT NO. 2 - REMARKS
REPRESENTATIVE GOLDMAN: Members, this amendment states that the TDA is prohibited from making any changes to the program and must get consent from TDLR prior to taking any enforcement action between now and September 1, 2020. It's acceptable to the author.
Amendment No. 2 was adopted.
CSSB 2119, as amended, was passed to third reading.
SB 1801 ON SECOND READING
(Hunter and S. Thompson - House Sponsors)
SB 1801, A bill to be entitled An Act relating to orders of nondisclosure for certain victims of trafficking of persons or compelling prostitution.
SB 1801 was passed to third reading.
SB 536 ON SECOND READING
(Murr - House Sponsor)
SB 536, A bill to be entitled An Act relating to associate judges for guardianship proceedings and protective services proceedings in certain courts.
SB 536 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE LEMAN: Mr. Murr, this bill provides for associate guardianship judges to assist county courts and statutory county courts having applicable guardianship jurisdiction, correct?
REPRESENTATIVE MURR: Yes, that is right.
LEMAN: In Section 54A.304, it explains that "[t]he presiding judge of each administrative judicial region, after conferring with the judges of courts to which this subchapter applies in the region, shall determine whether those courts require . . . a full-time or part-time associate judge" for guardianship cases. Correct?
MURR: That is the basis of the legislation, yes.
LEMAN: Okay. Well, do you believe that each presiding judge will properly consider the input of all applicable judges when making a determination?
MURR: Yes. I believe the presiding judges routinely consult with judges in their regions, and they act on that information accordingly.
LEMAN: Okay. Do you believe that some scenarios may exist where some county courts do not have need for any associate judge while others do, resulting in a checkerboard application across the administrative judicial region?
MURR: Yes, I would say that there is no requirement that participating counties be contiguous or that participation be constant and continuous over time. Rather, input based on caseload and court needs will presumably be routinely and regularly received to determine the needs of a part-time or full-time associate judge.
LEMAN: So would it be correct then that this would be an acceptable application of this language?
MURR: That is correct.
LEMAN: Okay. So do you believe that if a successor or new judge to a county court expressed an interest to increase the use of an associate judge or decline use of an associate judge, that the presiding judge would be open to such change?
MURR: Yes, I do.
LEMAN: Okay, and is that type of deviation or change permissible under this language?
MURR: Yes, I believe that it's permissible under this language, and it depends on the variations in judicial expertise in caseload. And I believe that a presiding judge will be receptive to the needs of judicial economy and efficiency.
REMARKS ORDERED PRINTED
Representative Leman moved to print remarks between Representative Murr and Representative Leman on SB 536.
The motion prevailed.
SB 536 was passed to third reading.
CSSB 1823 ON SECOND READING
(Murphy - House Sponsor)
CSSB 1823, A bill to be entitled An Act relating to the regulation of state banks, state trust companies, and third-party service providers of state banks and state trust companies.
CSSB 1823 was passed to third reading.
SB 821 ON SECOND READING
(Price - House Sponsor)
SB 821, A bill to be entitled An Act relating to children's advocacy centers.
SB 821 was passed to third reading.
SB 1746 ON SECOND READING
(White, Reynolds, Rose, et al. - House Sponsors)
SB 1746, A bill to be entitled An Act relating to the inclusion of certain students as students at risk of dropping out of school.
SB 1746 was passed to third reading.
SB 2223 ON SECOND READING
(Canales and Cain - House Sponsors)
SB 2223, A bill to be entitled An Act relating to the efficient provision of pilot services by the board of pilot commissioners for Harris County ports.
Amendment No. 1
Representatives Perez, S. Thompson, Murphy, Morales, Swanson, Bohac, Wu, Farrar, Calanni, Rosenthal, Hernandez, Cain, Thierry, Walle, J.D. Johnson, Huberty, Allen, Harless, and Canales offered the following amendment to SB 2223:
Amend SB 2223 (house committee printing) as follows:
(1) Strike page 3, line 5, through page 4, line 14, and renumber SECTIONS of the bill accordingly.
(2) Strike page 5, lines 11 through 14, and substitute the following appropriately numbered SECTION:
SECTION ____. This Act takes effect September 1, 2019.
Amendment No. 1 was adopted.
SB 2223 - POINT OF ORDER
Representative Dutton raised a point of order against further consideration of SB 2223 under Rule 8, Section 1(a)(1), and Rule 8, Section 3, of the House Rules and under Article III, Section 35, of the Texas Constitution on the grounds that the bill caption does not give reasonable notice of the bill's subject and the bill contains more than one subject.
REMARKS ORDERED PRINTED
Representative Kacal moved to print remarks between Representative E. Thompson and Representative Kacal on SB 300.
The motion prevailed.
SB 2223 - (consideration continued)
The point of order was withdrawn.
SB 2223, as amended, was passed to third reading.
SB 1915 ON SECOND READING
(Canales and Cain - House Sponsors)
SB 1915, A bill to be entitled An Act relating to the board of pilot commissioners for Harris County ports.
SB 1915 - POINT OF ORDER
Representative Dutton raised a point of order against further consideration of SB 1915 under Rule 8, Section 1(a)(1), and Rule 8, Section 1(d), of the House Rules on the grounds that the caption of the bill does not give reasonable notice of the bill's subject and the caption of the bill does not contain the required language indicating the bill's effect on an occupation or profession.
(Speaker pro tempore in the chair)
The point of order was withdrawn.
SB 1915 was passed to third reading.
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. 4).
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 1468 ON SECOND READING
(Goodwin - House Sponsor)
SB 1468, A bill to be entitled An Act relating to annexation by certain municipalities of a special district under a strategic partnership agreement.
SB 1468 was read second time earlier today, an amendment was offered and disposed of, and SB 1468 was postponed until this time.
Amendment No. 2
Representative Huberty offered the following amendment to SB 1468:
Amend SB 1468 (house committee printing) on page 2, by striking lines 10-11.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Rodriguez offered the following amendment to SB 1468:
Amend SB 1468 (house committee printing) as follows:
(1) On page 1, strike lines 18-21 and substitute the following:
only to annexation under a strategic partnership agreement:
(1) entered into by:
(A) a municipality that operates a municipally owned water utility; and
(B) a municipal utility district;
(2) On page 1, line 22, strike "(B)" and substitute "(2)"
(3) On page 1, line 24, between "district" and the underlined period, insert the following:
; and
(3) that became effective on November 1, 2013
A record vote was requested by Representative Craddick.
Amendment No. 3 failed of adoption by (Record 1409): 61 Yeas, 85 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchia; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dominguez; Farrar; Fierro; Frank; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, E.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Morales; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cole; Craddick; Cyrier; Darby; Davis, S.; Dean; Dutton; Flynn; Frullo; Geren; Goldman; Guerra; Harless; Harris; Hefner; Holland; Huberty; Johnson, J.D.; Kacal; King, K.; King, P.; King, T.; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; White; Wilson; Wray; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Hunter; Moody(C).
Absent — Klick.
SB 1468 - POINT OF ORDER
Representative Rodriguez raised a point of order against further consideration of SB 1468 under Rule 4, Section 18, of the House Rules on the grounds that the committee minutes are inaccurate.
The point of order was withdrawn.
SB 1468, as amended, was passed to third reading.
HB 1483 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Frank called up with senate amendments for consideration at this time,
HB 1483, A bill to be entitled An Act relating to a pilot program for assisting certain recipients of public benefits to gain permanent self-sufficiency.
Representative Frank moved to concur in the senate amendments to HB 1483.
The motion to concur in the senate amendments to HB 1483 prevailed by (Record 1410): 146 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; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent — Farrar; Pacheco.
Senate Committee Substitute
CSHB 1483, A bill to be entitled An Act relating to a pilot program for assisting certain recipients of public benefits to gain permanent self-sufficiency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.02241 to read as follows:
Sec. 531.02241. PILOT PROGRAM FOR SELF-SUFFICIENCY OF CERTAIN PERSONS RECEIVING FINANCIAL ASSISTANCE OR SUPPLEMENTAL NUTRITION ASSISTANCE BENEFITS. (a) In this section:
(1) "Financial assistance benefits" means money payments under the federal Temporary Assistance for Needy Families program operated under Chapter 31, Human Resources Code, or under the state temporary assistance and support services program operated under Chapter 34, Human Resources Code.
(2) "Self-sufficiency" means being employed in a position that pays a sufficient wage, having financial savings in an amount that is equal to at least $1,000 per member of a family's household, and maintaining a debt-to-income ratio that does not exceed 43 percent.
(3) "Slow reduction scale" means a graduated plan for reducing financial assistance or supplemental nutrition assistance benefits that correlates with a phase of the pilot program's progressive stages toward self-sufficiency.
(4) "Sufficient wage" means an amount of money, determined by a market-based calculation that uses geographically specific expenditure data, that is sufficient to meet a family's minimum necessary spending on basic needs, including food, child care, health insurance, housing, and transportation.
(5) "Supplemental nutrition assistance benefits" means money payments under the supplemental nutrition assistance program operated under Chapter 33, Human Resources Code.
(b) The commission shall develop and implement a pilot program for assisting not more than 500 eligible families to gain permanent self-sufficiency and no longer require financial assistance, supplemental nutrition assistance, or other means-tested public benefits, notwithstanding the limitations and requirements of Section 31.043, Human Resources Code. If the number of families participating in the program during a year reaches capacity for that year as determined by the commission, the number of families that may be served under the program in the following year may be increased by 20 percent.
(c) The pilot program will test extending, for at least 24 months but not more than 60 months, financial assistance and supplemental nutrition assistance benefits by waiving the application of income and asset limit eligibility requirements for those benefits and the time limits under Section 31.0065, Human Resources Code, for financial assistance benefits to allow for continuation of financial assistance and supplemental nutrition assistance benefits and reduction of the benefits using a slow reduction scale. The commission shall freeze a participating family's eligibility status for the benefits beginning on the date the participating family enters the pilot program and ending on the date the family ceases participating in the program. The waiver of the application of any asset limit requirement must allow the family to have assets in an amount that is at least $1,000 per member of the family's household.
(d) The pilot program must be designed to allow social services providers, public benefit offices, and other community partners to refer potential participating families to the program.
(e) A family is eligible to participate in the pilot program established under this section if the family:
(1) includes one or more members who are recipients of financial assistance or supplemental nutrition assistance benefits, at least one of whom is:
(A) at least 18 but not more than 62 years of age; and
(B) willing, and physically and legally able, to be employed; and
(2) has a total household income that is less than a sufficient wage based on the family's makeup and geographical area of residence.
(f) The pilot program must be designed to assist eligible participating families in attaining self-sufficiency by:
(1) identifying eligibility requirements for the continuation of financial assistance or supplemental nutrition assistance benefits and time limits for the benefits, the application of which may be waived for a limited period and that, if applied, would impede self-sufficiency;
(2) implementing strategies, including waiving the application of the eligibility requirements and time limits identified in Subdivision (1), to remove barriers to self-sufficiency; and
(3) moving eligible participating families through progressive stages toward self-sufficiency that include the following phases:
(A) an initial phase in which a family moves out of an emergent crisis by securing housing, medical care, and financial assistance and supplemental nutrition assistance benefits, as necessary;
(B) a second phase in which:
(i) the family moves toward stability by securing employment and, if necessary, child care and by participating in services that build the financial management skills necessary to meet financial goals; and
(ii) the family's financial assistance and supplemental nutrition assistance benefits are reduced according to the following scale:
(a) on reaching 25 percent of the family's sufficient wage, the amount of benefits is reduced by 10 percent;
(b) on reaching 50 percent of the family's sufficient wage, the amount of benefits is reduced by 25 percent; and
(c) on reaching 75 percent of the family's sufficient wage, the amount of benefits is reduced by 50 percent;
(C) a third phase in which the family:
(i) transitions to self-sufficiency by securing employment that pays a sufficient wage, reducing debt, and building savings; and
(ii) becomes ineligible for financial assistance and supplemental nutrition assistance benefits on reaching 100 percent of the family's sufficient wage; and
(D) a final phase in which the family attains self-sufficiency by retaining employment that pays a sufficient wage, amassing at least $1,000 per member of the family's household, and having manageable debt so that the family will no longer be dependent on financial assistance, supplemental nutrition assistance, or other means-tested public benefits for at least six months following the date the family stops participating in the program.
(g) A person from a family that wishes to participate in the pilot program must attend an in-person intake meeting with a program case manager. During the intake meeting the case manager shall:
(1) determine whether:
(A) the person's family meets the eligibility requirements under Subsection (e); and
(B) the application of income or asset limit eligibility requirements for continuation of financial assistance and supplemental nutrition assistance benefits and the time limits under Section 31.0065, Human Resources Code, for financial assistance benefits may be waived under the program;
(2) review the family's demographic information and household financial budget;
(3) assess the family members' current financial and career situations;
(4) collaborate with the person to develop and implement strategies for removing barriers to the family attaining self-sufficiency, including waiving the application of income and asset limit eligibility requirements and time limits described by Subdivision (1)(B) to allow for continuation of financial assistance and supplemental nutrition assistance benefits; and
(5) if the person's family is determined to be eligible for and chooses to participate in the program, schedule a follow-up meeting to further assess the family's crisis, review available referral services, and create a service plan.
(h) A participating family must be assigned a program case manager who shall:
(1) if the family is determined to be eligible, provide the family with a verification of the waived application of asset, income, and time limits described by Subsection (c), allowing the family to continue receiving financial assistance and supplemental nutrition assistance benefits on a slow reduction scale;
(2) assess, at the follow-up meeting scheduled under Subsection (g)(5), the family's crisis, review available referral services, and create a service plan; and
(3) during the initial phase of the program, create medium- and long-term goals consistent with the strategies developed under Subsection (g)(4).
(i) The pilot program must provide each participating family placed in the research group described by Subsection (j)(3)(C) with holistic, wraparound case management services that meet all applicable program requirements under 7 C.F.R. Section 273.7(e) or 45 C.F.R. Section 261.10, as applicable. Case management services provided under this subsection must include the strategic use of financial assistance and supplemental nutrition assistance benefits to ensure that the goals included in the family's service plan are achieved. The wraparound case management services must be provided through a community-based provider.
(j) The pilot program must operate for at least 24 months. The program shall also include 16 additional months for:
(1) planning and designing the program before the program begins operation;
(2) recruiting eligible families to participate in the program;
(3) randomly placing each participating family in one of at least three research groups, including:
(A) a control group;
(B) a group consisting of families for whom the application of income, asset, and time limits described by Subsection (c) is waived; and
(C) a group consisting of families for whom the application of income, asset, and time limits described by Subsection (c) is waived and who receive wraparound case management services under the program; and
(4) after the program begins operation, collecting and sharing data that allows for:
(A) obtaining participating families' eligibility and identification data before a family is randomly placed in a research group under Subdivision (3);
(B) conducting surveys or interviews of participating families to obtain information that is not contained in records related to a family's eligibility for financial assistance, supplemental nutrition assistance, or other means-tested public benefits;
(C) providing quarterly reports for not more than 60 months after a participating family is enrolled in the pilot program regarding the program's effect on the family's labor market participation and income and need for means-tested public benefits;
(D) assessing the interaction of the program's components with the desired outcomes of the program using data collected during the program and data obtained from state agencies concerning means-tested public benefits; and
(E) a third party to conduct a rigorous experimental impact evaluation of the pilot program.
(k) The commission shall develop and implement the pilot program with the assistance of the Texas Workforce Commission, local workforce development boards, faith-based and other relevant public or private organizations, and any other entity or person the commission determines appropriate.
(l) The commission shall monitor and evaluate the pilot program in a manner that allows for promoting research-informed results of the program.
(m) On the conclusion of the pilot program but not later than 48 months following the date the last participating family is enrolled in the program, the commission shall report to the legislature on the results of the program. The report must include:
(1) an evaluation of the program's effect on participating families in achieving self-sufficiency and no longer requiring means-tested public benefits;
(2) the impact to this state on the costs of the financial assistance and supplemental nutrition assistance programs and of the child-care services program operated by the Texas Workforce Commission;
(3) a cost-benefit analysis of the program; and
(4) recommendations on the feasibility and continuation of the program.
(n) During the operation of the pilot program, the commission shall provide to the legislature additional reports concerning the program that the commission determines to be appropriate.
(o) The executive commissioner and the Texas Workforce Commission may adopt rules to implement this section.
(p) This section expires September 1, 2026.
SECTION 2. The Health and Human Services 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.
SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
SECTION 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 4071 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Longoria called up with senate amendments for consideration at this time,
HB 4071, A bill to be entitled An Act relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.
Representative Longoria moved to concur in the senate amendments to HB 4071.
The motion to concur in the senate amendments to HB 4071 prevailed by (Record 1411): 144 Yeas, 2 Nays, 3 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; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; 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; Moody(C); Phelan.
Absent — Farrar.
The chair stated that HB 4071 was passed subject to the provisions of Article III, Section 49a, of the Texas Constitution.
STATEMENT OF VOTE
When Record No. 1411 was taken, I was shown voting present, not voting. I intended to vote yes.
Phelan
Senate Committee Substitute
CSHB 4071, A bill to be entitled An Act relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following sums of money are appropriated out of the General Revenue Fund No. 0001 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M60545 to Centre for Neuro Skills Inc. Texas for medical services.
To pay claim number 95M60547 to Centre for Neuro Skills Inc. Texas for medical services.
To pay claim number 95M60548 to Centre for Neuro Skills Inc. Texas for medical services.
To pay claim number 95M60549 to Centre for Neuro Skills Inc. Texas for medical services.
To pay claim number 95M60551 to Centre for Neuro Skills Inc. Texas for medical services.
To pay claim number 95M70002 to the Johnson County District Attorney for the county's portion of auctioned property.
To pay claim number 95M70224 to the U.S. Environmental Protection Agency Bureau/Office of Remittance for a Superfund state contract.
To pay claim number 95M70277 to Empowerment Options II Inc. for mental retardation private institutional care.
To pay claim number 95M70278 to Empowerment Options II Inc. for mental retardation private institutional care.
To pay claim number 95M70280 to Empowerment Options II Inc. for mental retardation private institutional care.
To pay claim number 95M70282 to Empowerment Options II Inc. for mental retardation private institutional care.
To pay claim number 95M70283 to Hugo Nieves for birth certificate name change fee refund.
To pay claim number 95M70290 to Empowerment Options II Inc. for mental retardation private institutional care.
To pay claim number 95M70309 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M70339 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70352 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70366 to Pinnacle Health Facilities XV LP DBA Woodridge Nursing & Rehabilitation for nursing home services.
To pay claim number 95M70367 to Pinnacle Health Facilities XV LP DBA Woodridge Nursing & Rehabilitation for nursing home services.
To pay claim number 95M70420 a confidential payee for replacement of void franchise warrant.
To pay claim number 95M70435 to Thi of Texas at Fort Worth LLC DBA The Courtyards at Fort Worth for nursing home services.
To pay claim number 95M70445 to Andrew Contreras DBA A&M Residential Services for home and community based services.
To pay claim number 95M70463 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70465 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70466 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70520 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70526 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70527 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70528 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70529 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70530 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70554 to Communication Service for the Deaf, Inc. for interpreter services.
To pay claim number 95M70610 to Communication Service for the Deaf, Inc. for interpreter services group counseling.
To pay claim number 95M70689 to a confidential payee for replacement of void franchise warrant.
To pay claim number 95M70719 to Sharen G. Hoyer for replacement of void jury duty warrant.
To pay claim number 95M70723 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80037 to Ashford Health Care Center Ltd. Co. DBA Ashford Gardens for nursing home services.
To pay claim number 95M80039 to Buckner Children and Family Services Inc. for replacement of void foster care warrant.
To pay claim number 95M80040 to Consuelo Pinon Mijares for the erroneous collection of a probationary certificate fee.
To pay claim number 95M80080 to Carrollton Health Care Center Ltd. Co. DBA The Madison on Marsh for nursing home services.
To pay claim number 95M80098 to a confidential payee for replacement of void net payroll warrant.
To pay claim number 95M80118 to a confidential payee for replacement of void sales and franchise tax refund warrants.
To pay claim number 95M80135 to CPS Energy c/o Full Circle Services for replacement of void motor vehicle inspection fees warrant.
To pay claim number 95M80148 to Amos R. Morrison for replacement of void unclaimed property replacement warrant.
To pay claim number 95M80151 to a confidential payee for replacement of void franchise tax warrants.
To pay claim number 95M80177 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80182 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80186 to Texas Children's Health Plan, Inc. for replacement of void refund of Medicaid services warrant.
To pay claim number 95M80197 to Lynda Cox Trigg for replacement of void unclaimed property warrant.
To pay claim number 95M80213 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80231 to Advocates Boxing Youth Program for expired bingo license fees.
To pay claim number 95M80232 to Bingo Bills Association II for expired bingo license fees.
To pay claim number 95M80233 to VFW Post 8790 Spring Branch for expired bingo license fees.
To pay claim number 95M80234 to VFW Post 8790 Aux for expired bingo license fees.
To pay claim number 95M80235 to Knights of Columbus 6174 for expired bingo license fees.
To pay claim number 95M80236 to Houston Spring Branch Lions Club for expired bingo license fees.
To pay claim number 95M80237 to Holland Corn Festival Inc. for expired bingo license fees.
To pay claim number 95M80238 to Elks Lodge 1229 for expired bingo license fees.
To pay claim number 95M80239 to Benevolent Patriotic Order of Does No. 139 for expired bingo license fees.
To pay claim number 95M80240 to Angelo Bingo Inc. for expired bingo license fees.
To pay claim number 95M80241 to American Legion Post 655 for expired bingo license fees.
To pay claim number 95M80242 to Aaonms Khiva Temple for expired bingo license fees.
To pay claim number 95M80243 to Kiwanis Club of Cedar Creek Lake for expired bingo license fees.
To pay claim number 95M80244 to Lucky Numbers Inc. for expired bingo license fees.
To pay claim number 95M80245 to Stopper Inc. for expired bingo license fees.
To pay claim number 95M80246 to American Business Women's Association for expired bingo license fees.
To pay claim number 95M80247 to Golden Tee Golf Club Inc. for expired bingo license fees.
To pay claim number 95M80248 to Texas New Community Alliance for expired bingo license fees.
To pay claim number 95M80249 to St. Leo the Great PTC for expired bingo license fees.
To pay claim number 95M80250 to Lubbock Civic Ballet DBA Ballet Lubbock for expired bingo license fees.
To pay claim number 95M80251 to Knights of Columbus 2543 for expired bingo license fees.
To pay claim number 95M80252 to Melodye Green for expired bingo license fees.
To pay claim number 95M80253 to Children's Advocacy Center of Central Texas Inc. for expired bingo license fees.
To pay claim number 95M80254 to Big D Detachment Marine Corps League for expired bingo license fees.
To pay claim number 95M80255 to The Annunciation Maternity Home Inc. for expired bingo license fees.
To pay claim number 95M80256 to American Legion Post 7 R Lambert for expired bingo license fees.
To pay claim number 95M80257 to Fair 2000 Incorporated for expired bingo license fees.
To pay claim number 95M80258 to Rose City Civitan Club of Tyler Texas for expired bingo license fees.
To pay claim number 95M80259 to Ysleta Del Sur Pueblo Volunteer Fire Dept. Inc. for expired bingo license fees.
To pay claim number 95M80260 to Stephenville Bass Club for expired bingo license fees.
To pay claim number 95M80261 to the North Texas State Fair Association for expired bingo license fees.
To pay claim number 95M80262 to Le Petit Salon 364 for expired bingo license fees.
To pay claim number 95M80285 to a confidential payee for replacement of void sales tax warrant.
To pay claim number 95M80303 to a confidential payee for replacement of void franchise tax refund.
To pay claim number 95M80324 to Patricia Haecker-Fierova DBA Baywind Rehab Services for home and community based services.
To pay claim number 95M80332 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80337 to Stoneybrook Healthcare Center LLC for nursing home services.
To pay claim number 95M80339 to Care Inn Properties Inc. DBA Snyder Oaks Care Center for nursing home services.
To pay claim number 95M80340 to Care Inn Properties Inc. DBA Del Rio Nursing & Rehab Center for nursing home services.
To pay claim number 95M80356 to Alisa M. Starks-East for the erroneous collection of a probationary certificate fee.
To pay claim number 95M80392 to Dell Inc. c/o The Locator Services Group Ltd. for replacement of void warrant for computer equipment and interest.
To pay claim number 95M80395 to the Lubbock County District Clerk's Office for child support court cost.
To pay claim number 95M80396 to the Lubbock County District Clerk's Office for child support court cost.
To pay claim number 95M80397 to the Lubbock County District Clerk's Office for child support court cost.
To pay claim number 95M80398 to the Lubbock County District Clerk's Office for child support court cost.
To pay claim number 95M80400 to the Lubbock County District Clerk's Office for child support court cost.
To pay claim number 95M80401 to the Lubbock County District Clerk's Office for child support court cost.
To pay claim number 95M80409 to a confidential payee for replacement of void sales tax warrants.
To pay claim number 95M80446 to Hartford Life and Annuity Insurance Company for replacement of void insurance premium warrant.
To pay claim number 95M80447 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80457 to the City of Austin Utilities for utility bill invoice.
To pay claim number 95M80500 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80526 to a confidential payee for replacement of void sales tax warrant.
To pay claim number 95M80531 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80537 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M80554 to Lubbock NH SNF LLC for nursing services.
To pay claim number 95M80574 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M90024 to Irene Prado for delayed birth certificate fees refund.
To pay claim number 95M90043 to a confidential payee for replacement of void sales tax warrant.
To pay claim number 95M90092 to a confidential payee for replacement of void franchise tax warrant.
To pay claim number 95M90100 to Alexander O. Daniv for replacement of void psychological services warrant.
To pay claim number 95M90166 to a confidential payee for replacement of void sales tax warrant.
To pay claim number 95M90172 to Almamia Health Services Inc. for community care.
To pay claim number 95M90176 to Bethesda Lutheran Communities Inc. for mental retardation private institutional care.
To pay claim number 95M90177 to Senior Living Properties LLC DBA Borger Healthcare Center for nursing home services.
To pay claim number 95MT9001 to Theodore S. Hirtz Jr. for inverse condemnation claim.
To pay claim number 95MT9002 to Edwards Law for attorney fees and court costs related to a class action lawsuit.
To pay claim number 95MT9003 to Edwards Law on behalf of Ashley Adams for wrongful death of an inmate lawsuit.
To pay claim number 95MT9004 to Edwards Law on behalf of Edna Webb, Kasey Akins & Christan Carson for wrongful death of an inmate lawsuit.
To pay claim number 95MT9005 to Edwards Law on behalf of Jack Togonidize for wrongful death of an inmate lawsuit.
SECTION 2. The following sums of money are appropriated out of the State Highway Fund No. 0006 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M70243 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70244 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70246 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70248 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70249 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70251 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70252 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70254 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70255 to Intercon Environmental Inc. for waste disposal.
To pay claim number 95M70329 to Southwestern Bell Telephone, L.P. for relocated AT&T facilities.
To pay claim number 95M70458 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M70481 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M70482 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M70578 to McKinsey & Company Inc. - United States for procurement transformation travel.
To pay claim number 95M70674 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M70678 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M70679 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M70682 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M80030 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M80031 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M80033 to McKinsey & Company Inc. - Washington DC for travel reimbursement.
To pay claim number 95M80041 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M80054 to McKinsey & Company Inc. - Washington DC for travel reimbursement.
To pay claim number 95M80153 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M80171 to MCI Metro Access Transmission Services LLC for highway relocation.
To pay claim number 95M80221 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M80370 to McKinsey & Company Inc. - Washington DC c/o McKinsey & Company Inc. - United States for travel reimbursement.
To pay claim number 95M80440 to the City of Beaumont for reimbursement for the maintenance and operation of traffic signals along highways.
To pay claim number 95M80544 to MCI Metro Access Transmission Services LLC for highway relocation.
To pay claim number 95M80551 to AT&T for engineering and construction charges.
To pay claim number 95M80571 to a confidential payee for replacement of void payroll warrant.
To pay claim number 95M90019 to Hidalgo County for Local Public Agency sponsor reimbursement.
To pay claim number 95M90115 to WFG National Title Company for title policy work.
To pay claim number 95M90116 to WFG National Title Company for title policy work.
To pay claim number 95M90150 to Entergy Texas Inc. for electric utility relocation.
To pay claim number 95M90152 to Entergy Texas Inc. for electric utility relocation.
To pay claim number 95M90153 to AT&T for relocation of telecommunications fiber optics.
To pay claim number 95M90154 to Trinity Valley Electric Cooperative Inc. for utility adjustment.
To pay claim number 95M90155 to Entergy Texas Inc. for electric utility relocation.
To pay claim number 95M90156 to Entergy Texas Inc. for electric utility relocation.
To pay claim number 95M90157 to Explorer Pipeline for utility desk audit.
To pay claim number 95M90159 to Lone Star NGL Pipeline LP for relocation of truck relief route loop.
To pay claim number 95M90207 to the County of Galveston for reimbursement of right of way cost.
SECTION 3. The following sums of money are appropriated out of the Texas Commission on Law Enforcement General Revenue Account No. 0116 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M80464 to the Sherman County Constable Precincts 1, 2, and 4 for replacement of void warrant issued for law enforcement education.
To pay claim number 95M80465 to the Sherman County Constable Precincts 1, 2, and 4 for replacement of void warrant issued for law enforcement education.
SECTION 4. The following sums of money are appropriated out of the Water Resource Management General Revenue Account No. 0153 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M80389 to Booth, Ahrens & Werkenthin P.C. for refund of water permit fees.
SECTION 5. The following sums of money are appropriated out of the Federal Civil Defense and Disaster Relief General Revenue Account No. 0221 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M70258 to the City of Austin HSEM for replacement of void warrant for purchase of animal cages.
SECTION 6. The following sums of money are appropriated out of the Veterans Financial Assistance Program Fund No. 0374 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M90048 to United Healthcare Insurance for replacement of void Veterans Financial Assistance Program Fund.
SECTION 7. The following sums of money are appropriated out of the Hazardous and Solid Waste Remediation Fees General Revenue Account No. 0550 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M70225 to the U.S. Environmental Protection Agency Bureau/Office of Remittance for a Superfund state contract.
SECTION 8. The following sums of money are appropriated out of the Unemployment Compensation Clearance Account No. 0936 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M60720 to Terri G. Edgmon for replacement of surplus tax credit warrant.
To pay claim number 95M90113 to ALM Service Inc. for replacement of void miscellaneous claim warrant.
SECTION 9. The following sums of money are appropriated out of the Lottery General Revenue Account No. 5025 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:
To pay claim number 95M80533 to M. L. Deviney for replacement of void warrant for refund of license and application fees.
SECTION 10. (a) Before any claim or judgment may be paid from money appropriated by this Act, the claim or judgment must be verified and substantiated by the administrator of the special fund or account against which the claim or judgment is to be charged and be approved by the attorney general and the comptroller of public accounts. Any claim or judgment itemized in this Act that has not been verified and substantiated by the administrator of the special fund or account and approved by the attorney general and the comptroller by August 31, 2021, may not be paid from money appropriated by this Act.
(b) Each claim or judgment paid from money appropriated by this Act must contain such information as the comptroller of public accounts requires but at a minimum must contain the specific reason for the claim or judgment. If the claim is for a void warrant, the claim must include a specific identification of the goods, services, refunds, or other items for which the warrant was originally issued. In addition, it must include a certification by the original payee or the original payee's successors, heirs, or assigns that the debt is still outstanding. If the claim or judgment is for unpaid goods or services, it must be accompanied by an invoice or other acceptable documentation of the unpaid account and any other information that may be required by the comptroller.
SECTION 11. Subject to the conditions and restrictions in this Act and provisions stated in the judgments, the comptroller of public accounts is authorized and directed to issue one or more warrants on the state treasury, as soon as possible following the effective date of this Act, in favor of each of the individuals, firms, or corporations named or claim numbers identified in this Act, in an amount not to exceed the amount set opposite their respective names or claim numbers and shall mail or deliver to each of the individuals, firms, or corporations associated with each claim one or more warrants in payment of all claims included in this Act.
SECTION 12. This Act takes effect September 1, 2019.
HB 2867 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Metcalf called up with senate amendments for consideration at this time,
HB 2867, A bill to be entitled An Act relating to the creation of the Sam Houston State University College of Osteopathic Medicine.
Representative Metcalf moved to concur in the senate amendments to HB 2867.
The motion to concur in the senate amendments to HB 2867 prevailed by (Record 1412): 143 Yeas, 4 Nays, 3 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; Clardy; Cole; Coleman; Collier; Cortez; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; 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 — Biedermann; Cain; Craddick; Stickland.
Present, not voting — Mr. Speaker; Capriglione; Moody(C).
STATEMENTS OF VOTE
When Record No. 1412 was taken, I was shown voting no. I intended to vote yes.
Biedermann
When Record No. 1412 was taken, I was shown voting present, not voting. I intended to vote yes.
Capriglione
Senate Committee Substitute
CSHB 2867, A bill to be entitled An Act relating to the creation of the Sam Houston State University College of Osteopathic Medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 96, Education Code, is amended by adding Section 96.66 to read as follows:
Sec. 96.66. SAM HOUSTON STATE UNIVERSITY COLLEGE OF OSTEOPATHIC MEDICINE. (a) In this section:
(1) "Board" means the board of regents of the Texas State University System.
(2) "College" means the Sam Houston State University College of Osteopathic Medicine established under this section.
(3) "University" means Sam Houston State University.
(b) The Sam Houston State University College of Osteopathic Medicine is a college of the university and is under the management and control of the board with degrees offered under the name and authority of the university.
(c) The board may prescribe courses leading to customary degrees and may adopt rules for the operation, control, and management of the college as necessary for conducting a college of osteopathic medicine of the first class.
(d) The provost of the university, on behalf of the board, may execute and carry out an affiliation or coordinating agreement with any other entity or institution.
(e) The board may solicit, accept, and administer gifts and grants from any public or private source for the use and benefit of the college.
(f) In addition to the college's facilities, the board may enter into agreements under which additional facilities used in the college's teaching and research programs, including libraries, auditoriums, research facilities, and medical education buildings, may be provided by a public or private entity.
(g) A teaching hospital considered suitable by the board may be provided by a public or private entity. The hospital may not be constructed, maintained, or operated with state funds.
(h) Notwithstanding any other law, the university is not entitled to receive any formula funding for the college.
SECTION 2. Section 58.002(a)(1), Education Code, is amended to read as follows:
(1) "Resident physician" means a person who is appointed a resident physician by a school of medicine in The University of Texas System, the Texas Tech University System, The Texas A&M University System, or the University of North Texas System or by the Sam Houston State University College of Osteopathic Medicine or the Baylor College of Medicine and who:
(A) has received a Doctor of Medicine or a Doctor of Osteopathic Medicine degree from the Baylor College of Medicine or from an approved school of medicine; or
(B) is a citizen of Texas and has received a Doctor of Medicine or a Doctor of Osteopathic Medicine degree from some other school of medicine that is accredited by the Liaison Committee on Medical Education or by the Bureau of Professional Education of the American Osteopathic Association.
SECTION 3. Sections 59.01(1) and (3), Education Code, are amended to read as follows:
(1) "Medical staff or students" means medical doctors, doctors of osteopathy, dentists, veterinarians, and podiatrists appointed to the faculty or professional medical staff employed for student health services by The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Sam Houston State University College of Osteopathic Medicine, or the University of North Texas Health Science Center at Fort Worth, either full time or who, although appointed less than full time (including volunteers), either devote their total professional service to such appointment or provide services to patients by assignment from the department chairman; and interns, residents, fellows, and medical or dental students, veterinary students, and students of osteopathy participating in a patient-care program in The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Sam Houston State University College of Osteopathic Medicine, or the University of North Texas Health Science Center at Fort Worth.
(3) "Board" means the board of regents of The University of Texas System, the board of regents of The Texas A&M University System, the board of regents of the Texas Tech University System, the board of regents of the Texas State University System, or the board of regents of the University of North Texas.
SECTION 4. Sections 59.02(a) and (c), Education Code, are amended to read as follows:
(a) Each board may establish a separate self-insurance fund to pay any damages adjudged in a court of competent jurisdiction or a settlement of any medical malpractice claim against a member of the medical staff or students arising from the exercise of the member's [his] appointment, duties, or training with The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Sam Houston State University College of Osteopathic Medicine, or the University of North Texas Health Science Center at Fort Worth.
(c) On the establishment of each fund, transfers to the fund shall be made in an amount and at such intervals as determined by the board. Each board may receive and accept any gifts or donations specified for the purposes of this subchapter and deposit those gifts or donations into the fund. Each board may invest money deposited in the fund, and any income received shall be retained in the fund. The money shall be deposited in any of the approved depository banks of The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Texas State University System, or the University of North Texas Health Science Center at Fort Worth. All expenditures from the funds shall be paid pursuant to approval by the boards.
SECTION 5. Section 61.003(5), Education Code, is amended to read as follows:
(5) "Medical and dental unit" means The Texas A&M University System Health Science Center and its component institutions, agencies, and programs; the Texas Tech University Health Sciences Center; the Texas Tech University Health Sciences Center at El Paso; the Sam Houston State University College of Osteopathic Medicine; The University of Texas Medical Branch at Galveston; The University of Texas Southwestern Medical Center; The University of Texas Medical School at San Antonio; The University of Texas Dental Branch at Houston; The University of Texas M. D. Anderson Cancer Center; The University of Texas Graduate School of Biomedical Sciences at Houston; The University of Texas Dental School at San Antonio; The University of Texas Medical School at Houston; The University of Texas Health Science Center--South Texas and its component institutions, if established under Subchapter N, Chapter 74; the nursing institutions of The Texas A&M University System and The University of Texas System; and The University of Texas School of Public Health at Houston; and such other medical or dental schools as may be established by statute or as provided in this chapter.
SECTION 6. Section 61.501(1), Education Code, is amended to read as follows:
(1) "Medical school" means the medical school at The University of Texas Health Science Center at Houston, the medical school at The University of Texas Southwestern Medical Center, the medical school at The University of Texas Health Science Center at San Antonio, The University of Texas Medical Branch at Galveston, the medical school at The University of Texas at Austin, the medical school at The University of Texas Rio Grande Valley, the medical education program of The University of Texas Health Science Center at Tyler, the medical school at the Texas Tech University Health Sciences Center, the medical school at the Texas Tech University Health Sciences Center at El Paso, the Sam Houston State University College of Osteopathic Medicine, the Baylor College of Medicine, the college of osteopathic medicine at the University of North Texas Health Science Center at Fort Worth, or the medical school at the Texas A&M University Health Science Center.
SECTION 7. Section 63.002(c), Education Code, is amended to read as follows:
(c) The amount available for distribution from the fund may be appropriated only for programs that benefit medical research, health education, or treatment programs at the following health-related institutions of higher education:
(1) The University of Texas Health Science Center at San Antonio;
(2) The University of Texas M. D. Anderson Cancer Center;
(3) The University of Texas Southwestern Medical Center;
(4) The University of Texas Medical Branch at Galveston;
(5) The University of Texas Health Science Center at Houston;
(6) The University of Texas Health Science Center at Tyler;
(7) The University of Texas Health Science Center--South Texas and its component institutions, if established under Subchapter N, Chapter 74;
(8) The Texas A&M University Health Science Center;
(9) the University of North Texas Health Science Center at Fort Worth;
(10) the Texas Tech University Health Sciences Center;
(11) the Texas Tech University Health Sciences Center at El Paso; [and]
(12) the Sam Houston State University College of Osteopathic Medicine; and
(13) Baylor College of Medicine, if a contract between Baylor College of Medicine and the Texas Higher Education Coordinating Board is in effect under Section 61.092.
SECTION 8. The Sam Houston State University College of Osteopathic Medicine is eligible to receive funding under Subchapter A, Chapter 63, Education Code, beginning with allocations for the state fiscal year that begins September 1, 2019.
SECTION 9. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.
HB 3106 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Goldman called up with senate amendments for consideration at this time,
HB 3106, A bill to be entitled An Act relating to a requirement that law enforcement agencies enter into certain databases information related to investigations of sexual assault or other sex offenses.
Representative Goldman moved to concur in the senate amendments to HB 3106.
The motion to concur in the senate amendments to HB 3106 prevailed by (Record 1413): 145 Yeas, 2 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; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Israel; Johnson, E.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; 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 — Dominguez; Stickland.
Present, not voting — Mr. Speaker; Moody(C).
Absent — Howard.
Senate Committee Substitute
CSHB 3106, A bill to be entitled An Act relating to a requirement that law enforcement agencies enter into a certain database information related to investigations of sexual assault or other sex offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Molly Jane's Law.
SECTION 2. Subchapter B, Chapter 420, Government Code, is amended by adding Section 420.035 to read as follows:
Sec. 420.035. DUTY TO ENTER CERTAIN INFORMATION INTO VIOLENT CRIMINAL APPREHENSION PROGRAM DATABASE. (a) In this section, "database" means the national database of the Violent Criminal Apprehension Program established and maintained by the Federal Bureau of Investigation, or a successor database.
(b) Each law enforcement agency in this state shall request access from the Federal Bureau of Investigation to enter information into the database.
(c) A law enforcement agency that investigates a sexual assault or other sex offense shall enter into the database the following information regarding the investigation of the sexual assault or other sex offense, as available:
(1) the suspect's name and date of birth;
(2) the specific offense being investigated;
(3) a description of the manner in which the offense was committed, including any pattern of conduct occurring during the course of multiple offenses suspected to have been committed by the suspect; and
(4) any other information required by the Federal Bureau of Investigation for inclusion in the database.
(d) Information entered into the database under this section is excepted from required disclosure under Chapter 552 in the manner provided by Section 552.108.
SECTION 3. Section 420.035, Government Code, as added by this Act, applies only to a pending investigation of a sexual assault or other sex offense, regardless of whether the investigation was commenced before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
Juvenile Justice and Family Issues, upon final adjournment or during bill referral, if permission granted, today, Desk 115, for a formal meeting, to consider referred and pending business.
Homeland Security and Public Safety, upon final adjournment or during bill referral, if permission granted, today, Desk 75, for a formal meeting, to consider referred and pending business.
ADJOURNMENT
Representative Dutton moved that the house adjourn until 10 a.m. tomorrow in memory of Maurice Earl Toliver of Houston.
The motion prevailed.
The house accordingly, at 7:59 p.m., adjourned until 10 a.m. tomorrow.
ADDENDUM
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 29
HB 1326, HB 1592, HB 1628, HB 1769, HB 1960, HB 2196, HB 2496, HCR 169, HCR 171
Senate List No. 23
SB 281, SB 370, SB 467, SB 979, SB 1438, SB 2140
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
Wednesday, May 15, 2019
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 1504
Paddie
SPONSOR: Nichols
|
Relating to the continuation and functions of the Texas Medical Board; authorizing a fee.
(Committee Substitute)
HB 1535
Flynn
SPONSOR: Nichols
|
Relating to the continuation and functions of the State Securities Board.
(Committee Substitute)
HB 2694
Lucio III
SPONSOR: Creighton
|
Relating to the authority of certain insurers to make investments in bond exchange-traded funds.
(Committee Substitute/Amended)
HB 2945
Perez
SPONSOR: Zaffirini
|
Relating to payment card skimmers on motor fuel dispensers and to creating a payment fraud fusion center; imposing civil penalties; creating criminal offenses.
(Amended)
Relating to a health care facility's policies regarding advance directives or health care or treatment decisions made by or on behalf of patients.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, May 15, 2019 - 2
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:
LOCAL AND UNCONTESTED CALENDAR
HB 70
González, Mary
SPONSOR: Hall
|
Relating to a strategic plan goal by the Department of Agriculture to prevent crop diseases and plant pests in this state.
HB 87
Minjarez
SPONSOR: Zaffirini
|
Relating to information provided to minors during the driver's license application process.
HB 156
Moody
SPONSOR: Rodríguez
|
Relating to the supervision by a personal bond office of individuals granted an occupational driver's license; providing for an administrative fee.
HB 234
Krause
SPONSOR: Nelson
|
Relating to the local regulation of the sale of lemonade or other beverages by children.
(Committee Substitute)
HB 253
Farrar
SPONSOR: Kolkhorst
|
Relating to a strategic plan to address postpartum depression.
HB 293
King, Ken
SPONSOR: Seliger
|
Relating to investment training requirements for school district financial officers.
(Committee Substitute)
HB 294
King, Ken
SPONSOR: Seliger
|
Relating to a petition filed for a place on the ballot for the board of directors of the Muleshoe Area Hospital District.
(Committee Substitute)
HB 381
Holland
SPONSOR: Paxton
|
Relating to eligibility for the Texas Peace Officers' Memorial Monument.
HB 389
Bailes
SPONSOR: Nichols
|
Relating to the regulation of game rooms in certain counties.
HB 403
Thompson, Senfronia
SPONSOR: Huffman
|
Relating to training requirements for a member of the board of trustees and the superintendent of an independent school district regarding sexual abuse, human trafficking, and other maltreatment of children.
HB 427
Shaheen
SPONSOR: Hughes
|
Relating to the punishment for the offense of fraudulent destruction, removal, or concealment of a writing that is attached to tangible property; enhancing a criminal penalty.
HB 446
Moody
SPONSOR: Perry
|
Relating to the criminal consequences of engaging in certain conduct with respect to certain instruments designed, made, or adapted for use in striking a person.
HB 468
Springer
SPONSOR: Seliger
|
Relating to the authority of the Collingsworth County Hospital District to take certain actions regarding district property.
HB 511
Wilson
SPONSOR: Schwertner
|
Relating to the enforcement of commercial motor vehicle safety standards in certain counties.
(Committee Substitute)
HB 621
Neave
SPONSOR: Zaffirini
|
Relating to prohibited adverse employment action against an employee who in good faith reports child abuse or neglect.
HB 692
White
SPONSOR: Watson
|
Relating to the suspension of a student who is homeless from public school.
(Committee Substitute)
HB 693
Harris
SPONSOR: Schwertner
|
Relating to the designation of the portion of U.S. Highway 84 in Freestone County as the Trooper Damon Allen Memorial Highway.
HB 812
White
SPONSOR: Whitmire
|
Relating to the amount of the health care services fee paid by certain inmates.
(Committee Substitute)
HB 833
Hernandez
SPONSOR: Menéndez
|
Relating to the creation of a statewide alert system for missing military members.
HB 869
Hefner
SPONSOR: Hughes
|
Relating to the prosecution of organized criminal activity involving the interception, use, or disclosure of certain communications.
HB 886
Springer
SPONSOR: Fallon
|
Relating to the Muenster Hospital District.
HB 892
Kuempel
SPONSOR: Nichols
|
Relating to county regulation of game rooms.
HB 971
Clardy
SPONSOR: Zaffirini
|
Relating to proficiency certification of law enforcement officers with military service.
HB 979
Hernandez
SPONSOR: Perry
|
Relating to the creation of DNA records for certain defendants for inclusion in the DNA database system.
HB 1031
Deshotel
SPONSOR: Creighton
|
Relating to the regulation of game rooms in certain counties.
HB 1039
Clardy
SPONSOR: Nichols
|
Relating to the designation of U.S. Highway 59 in Garrison as the Constable Darrell Lunsford Memorial Highway.
HB 1074
Price
SPONSOR: Zaffirini
|
Relating to the prohibition against age discrimination in certain employment training programs.
HB 1079
Price
SPONSOR: Perry
|
Relating to a study by the Texas Department of Transportation of the Ports-to-Plains Corridor, including an evaluation of the feasibility of certain improvements to Interstate Highway 27.
(Committee Substitute)
HB 1249
Kacal
SPONSOR: Schwertner
|
Relating to the designation of the portion of U.S. Highway 84 in Limestone County as the Trooper Damon Allen Memorial Highway.
HB 1251
Thompson, Senfronia
SPONSOR: Creighton
|
Relating to fraternal benefit societies in a hazardous financial condition.
(Committee Substitute)
HB 1256
Phelan
SPONSOR: Kolkhorst
|
Relating to access by certain persons to a first responder's immunization history.
HB 1262
Bell, Keith
SPONSOR: Nichols
|
Relating to the extended registration of certain vehicles not subject to inspection.
(Committee Substitute)
HB 1279
Allen
SPONSOR: Menéndez
|
Relating to jury instructions regarding parole eligibility.
HB 1346
Thompson, Ed
SPONSOR: Powell
|
Relating to the eligibility requirements for the diesel emissions reduction incentive program.
(Committee Substitute)
HB 1374
Hernandez
SPONSOR: Whitmire
|
Relating to grants for the development and operation of pretrial intervention programs for pregnant defendants and defendants who are the primary caretaker of a child.
HB 1417
Clardy
SPONSOR: Nichols
|
Relating to a common characteristic or use project in a public improvement district in certain municipalities.
HB 1418
Phelan
SPONSOR: Huffman
|
Relating to disease prevention and preparedness information for emergency medical services personnel on certification or recertification.
HB 1443
Thompson, Senfronia
SPONSOR: Hall
|
Relating to the certification of an area's wet or dry status for the purpose of an alcoholic beverage permit or license.
HB 1488
Harless
SPONSOR: Bettencourt
|
Relating to financing of recreational facilities by the Charterwood Municipal Utility District of Harris County; providing authority to issue bonds.
HB 1516
Coleman
SPONSOR: Miles
|
Relating to the intercollegiate athletics fee at Texas Southern University; authorizing the continued imposition of a fee.
HB 1570
White
SPONSOR: Nichols
|
Relating to the board of directors of the Rayburn Country Municipal Utility District.
HB 1651
González, Mary
SPONSOR: Alvarado
|
Relating to the care of pregnant women confined in county jail.
(Committee Substitute)
HB 1667
Goldman
SPONSOR: Hancock
|
Relating to the regulation of salvage vehicle dealers.
HB 1702
Howard
SPONSOR: Hancock
|
Relating to services provided for students at public institutions of higher education who are or were in foster care.
HB 1757
Lucio III
SPONSOR: Schwertner
|
Relating to the authority of an insured to select a pharmacist under the insured's health insurance policy.
HB 1779
Clardy
SPONSOR: Nichols
|
Relating to the designation of a portion of State Highway 21 in Nacogdoches County as the Sergeant Tom Sitton Memorial Highway.
HB 1820
Bailes
SPONSOR: Nichols
|
Relating to the creation of the Liberty County Drainage District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes; granting a limited power of eminent domain.
HB 1856
Price
SPONSOR: Seliger
|
Relating to the designation of a portion of U.S. Highway 287 as the Honorable Teel Bivins Memorial Highway.
HB 1858
Clardy
SPONSOR: Nichols
|
Relating to the designation of the portion of United States Highway 259 in Nacogdoches County as the Deputy Sheriff Raymond Bradley Jimmerson Memorial Highway.
HB 1894
Goldman
SPONSOR: Hancock
|
Relating to the repeal of the criminal penalty for a violation of the interior designers licensing law.
(Committee Substitute)
HB 1902
Bonnen, Greg
SPONSOR: Taylor
|
Relating to maximum liability limits for windstorm and hail insurance coverage provided through the Texas Windstorm Insurance Association.
HB 1965
Thompson, Senfronia
SPONSOR: Bettencourt
|
Relating to the sales and use tax exemption for certain amusement services.
HB 1969
Clardy
SPONSOR: Nichols
|
Relating to the designation of the portion of State Highway 7 in Nacogdoches County as the Bataan and Corregidor Veterans Memorial Highway.
HB 1997
Geren
SPONSOR: Hancock
|
Relating to the sampling of distilled spirits provided by the manufacturer to a retailer of distilled spirits.
(Committee Substitute)
HB 2107
Capriglione
SPONSOR: Hughes
|
Relating to information provided by a local health jurisdiction on food regulation.
HB 2198
Clardy
SPONSOR: Nichols
|
Relating to the use of a perpetual trust fund for a cemetery by certain municipalities.
HB 2203
Miller
SPONSOR: Kolkhorst
|
Relating to notice of a radioactive substance release.
HB 2240
Murphy
SPONSOR: Hinojosa
|
Relating to the payment of wages by an employer through a payroll card account.
HB 2246
Wray
SPONSOR: Rodríguez
|
Relating to the fiduciary status of a directed trust advisor.
HB 2321
Morrison
SPONSOR: Hinojosa
|
Relating to the regulation of oyster harvesting; increasing a criminal penalty.
HB 2329
Springer
SPONSOR: Fallon
|
Relating to the dissolution of the North Montague County Water Supply District.
HB 2351
VanDeaver
SPONSOR: Hughes
|
Relating to the designation of a portion of Farm-to-Market Road 196 in Lamar County as the Nick S. Lingo Memorial Highway.
HB 2380
Metcalf
SPONSOR: Nichols
|
Relating to the creation of the Montgomery County Municipal Utility District No. 173; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
HB 2502
Moody
SPONSOR: Watson
|
Relating to a mandatory term of confinement for defendants placed on community supervision for the criminal offense of leaving the scene of a motor vehicle accident resulting in the death of a person.
HB 2529
Leach
SPONSOR: Watson
|
Relating to the governance of public housing authorities.
HB 2530
Flynn
SPONSOR: Zaffirini
|
Relating to the development by the Texas Veterans Commission of an online repository of information of use to active duty military relocating to this state.
HB 2615
Kacal
SPONSOR: Birdwell
|
Relating to the designation of a portion of U.S. Highway 84 in McLennan County as the Waco Police Sgt. Bobby Vicha Memorial Highway.
HB 2623
White
SPONSOR: Whitmire
|
Relating to the requirements for a change of name for a person with a final felony conviction or a person required to register as a sex offender.
HB 2624
Perez
SPONSOR: Zaffirini
|
Relating to the prosecution of certain criminal offenses involving fraud.
HB 2634
Flynn
SPONSOR: Hughes
|
Relating to municipal boundaries used to determine a cemetery location.
HB 2684
Metcalf
SPONSOR: Nichols
|
Relating to an exemption from the sales tax for items sold by a nonprofit organization at a county fair.
HB 2697
Meyer
SPONSOR: Zaffirini
|
Relating to the prosecution of the offense of fraudulent use or possession of identifying information.
HB 2775
Krause
SPONSOR: Hancock
|
Relating to the movement of pedestrians in front of, under, between, or through rail cars at a railroad grade crossing.
(Committee Substitute)
HB 2779
Wray
SPONSOR: Rodríguez
|
Relating to the exemption for certain savings plans from attachment, execution, or other seizure for a creditor's claim.
HB 2790
Goldman
SPONSOR: Johnson
|
Relating to prima facie evidence of the intent to sell certain alcoholic beverages.
HB 2837
Canales
SPONSOR: Hinojosa
|
Relating to the operation of and equipment for vehicles.
(Committee Substitute)
HB 2899
Leach
SPONSOR: Hinojosa
|
Relating to civil liability and responsibility for defects in the plans, specifications, or other documents for the construction or repair of roads, highways, and related improvements.
HB 2963
Clardy
SPONSOR: Nichols
|
Relating to the conveyance of certain state forest land in Cherokee County under the control of the board of regents of The Texas A&M University System.
HB 2979
Bailes
SPONSOR: Nichols
|
Relating to the creation of the Liberty Grand Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
HB 3086
Cole
SPONSOR: Zaffirini
|
Relating to the sales and use tax exemption for property used in the production of motion picture, video, or audio recordings and broadcasts.
HB 3171
Krause
SPONSOR: Watson
|
Relating to the classification and operation of mopeds and certain motorcycles.
(Committee Substitute)
HB 3441
Lucio III
SPONSOR: Schwertner
|
Relating to reimbursement under certain health benefit plans for certain services and procedures performed by pharmacists.
HB 3442
Oliverson
SPONSOR: Kolkhorst
|
Relating to the creation of the Harris County Municipal Utility District No. 566; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
HB 3582
Murr
SPONSOR: Menéndez
|
Relating to the punishment for certain intoxication offenses, the conditions of bond for defendants charged with certain intoxication offenses, and the eligibility for deferred adjudication community supervision of defendants who committed certain intoxication offenses.
(Committee Substitute)
HB 3954
Burrows
SPONSOR: Hinojosa
|
Relating to motor fuel taxes applicable to gasoline and diesel fuel within the bulk transfer system.
HB 4174
Leach
SPONSOR: Kolkhorst
|
Relating to the nonsubstantive revision of the event reimbursement programs, including the Pan American Games trust fund, Olympic Games trust fund, Major Events reimbursement program fund, Motor Sports Racing trust fund, and Events trust fund; including conforming amendments.
HB 4465
Turner, Chris
SPONSOR: Bettencourt
|
Relating to the student loan program administered by the Texas Higher Education Coordinating Board and to the repeal of a related bond program.
HB 4638
Parker
SPONSOR: Fallon
|
Relating to the creation of the Bear Creek Ranch Municipal Utility District No. 1 of Parker County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
HB 4641
Metcalf
SPONSOR: Nichols
|
Relating to the creation of the Montgomery County Municipal Utility District No. 177 of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
HB 4649
Metcalf
SPONSOR: Nichols
|
Relating to the effect of municipal annexation of territory in the Montgomery County Municipal Utility District No. 147.
HB 4673
Bailes
SPONSOR: Creighton
|
Relating to the creation of the Chambers County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(Committee Substitute)
HB 4674
Bailes
SPONSOR: Creighton
|
Relating to the creation of the Chambers County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(Committee Substitute)
HCR 19
Herrero
SPONSOR: Huffman
|
Urging Congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act.
HCR 42
Wu
SPONSOR: Alvarado
|
Designating February 26 as Bone Marrow, Blood, and Organ Donation Registry Day for a 10-year period beginning in 2019.
HCR 74
Lozano
SPONSOR: Campbell
|
Urging Congress to enact H.R. 613/S. 164, the TRICARE Reserve Select Improvement Act.
HCR 131
Cyrier
SPONSOR: Watson
|
Designating Bastrop County as the official Film Hospitality Capital of Texas for a 10-year period beginning in 2019.
HCR 137
Hunter
SPONSOR: Menéndez
|
Designating September as Suicide Prevention Month for a 10-year period beginning in 2019.
Relating to the construction manager-at-risk method of contracting for governmental construction projects.
Relating to occupational licensing of certain military service members, military veterans, and military spouses by state agencies and political subdivisions.
Relating to the establishment of the work-based learning task force.
Relating to compliance with federal coding guidelines for certain divisions and offices within the Health and Human Services Commission.
Relating to political contributions and political expenditures made to or by political committees or other persons.
Relating to the creation of the Richfield Ranch Management District of Harris County, Texas; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Richfield Ranch Water Control and Improvement District of Harris County, Texas; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Harris County Municipal Utility District No. 569; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the powers and duties of the Harris County Municipal Utility District No. 380; providing authority to issue bonds.
Relating to the powers and duties of the Harris County Municipal Utility District No. 377; providing authority to issue bonds.
Relating to the powers and duties of the Harris County Municipal Utility District No. 378; providing authority to issue bonds.
Relating to boundaries of the Anthem Municipal Utility District.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, May 15, 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 18
Price
SPONSOR: Watson
|
Relating to consideration of the mental health of public school students in training requirements for certain school employees, curriculum requirements, counseling programs, educational programs, state and regional programs and services, and health care services for students and to mental health first aid program training and reporting regarding local mental health authority and school district personnel.
HB 65
Johnson, Eric
SPONSOR: West
|
Relating to reporting information regarding public school disciplinary actions.
HB 88
Swanson
SPONSOR: Fallon
|
Relating to an election ballot.
(Committee Substitute)
HB 109
Martinez
SPONSOR: Hinojosa
|
Relating to the operation of open-enrollment charter schools on Memorial Day.
(Amended)
HB 121
Swanson
SPONSOR: Creighton
|
Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.
HB 477
Murphy
SPONSOR: Bettencourt
|
Relating to the notice required before the issuance of certain debt obligations by political subdivisions.
(Committee Substitute/Amended)
HB 674
Patterson
SPONSOR: Fallon
|
Relating to soliciting from school districts served by a regional education service center certain information in conjunction with the annual evaluation of the center.
HB 883
Thierry
SPONSOR: Zaffirini
|
Relating to using the Internet to obtain identifying information about an elderly individual for a fraudulent purpose.
HB 994
Guillen
SPONSOR: Flores
|
Relating to appeals to justice courts of certain ad valorem tax determinations.
(Committee Substitute)
HB 1439
Pacheco
SPONSOR: Flores
|
Relating to the intercollegiate athletics fee at Texas A&M University--San Antonio; authorizing a fee.
Relating to the reporting of certain information involving family violence offenses.
(Amended)
HB 1597
Lambert
SPONSOR: Buckingham
|
Relating to establishing residency for purposes of admission into public schools.
HB 2048
Zerwas
SPONSOR: Huffman
|
Relating to the repeal of the driver responsibility program and the amount and allocation of state traffic fine funds; eliminating program surcharges; authorizing and increasing criminal fines; increasing a fee.
(Amended)
HB 2320
Paul
SPONSOR: Taylor
|
Relating to services provided during and following a disaster.
HB 2452
Goldman
SPONSOR: Zaffirini
|
Relating to complaints filed with the Texas Department of Licensing and Regulation.
HB 2650
Goodwin
SPONSOR: Bettencourt
|
Relating to the procedure for the sale by auction of real property pursuant to foreclosure of a tax lien.
HB 3329
Frank
SPONSOR: Buckingham
|
Relating to the services provided by assisted living facilities.
HB 4456
Geren
SPONSOR: Hancock
|
Relating to the sale of alcoholic beverages in areas annexed or owned by certain municipalities.
Relating to applicability to military service members of minimum age policies imposed by commercial lodging establishments.
Relating to the development and operation of an aerial cable car or aerial tramway by a regional mobility authority created by a municipality.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 4
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, May 15, 2019 - 4
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 929
Anchia
SPONSOR: Watson
|
Relating to the duties of a magistrate to inform an arrested person of consequences of a plea of guilty or nolo contendere.
HB 1325
King, Tracy O.
SPONSOR: Perry
|
Relating to the production and regulation of hemp; requiring occupational licenses; authorizing fees; creating criminal offenses; providing civil and administrative penalties.
(Committee Substitute/Amended)
Relating to disclosure requirements regarding certain oil or gas well accidents.
Relating to grand jury proceedings and establishing a commission to study improvements and alternatives to those proceedings.
Respectfully,
Patsy Spaw
Secretary of the Senate
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 14
Business and Industry - SB 361, SB 934, SB 1859, SB 1969, SB 1971, SB 2409
County Affairs - SB 2553
Criminal Jurisprudence - SB 562, SB 583, SB 719, SB 1125, SB 1754, SB 2114, SB 2381
Culture, Recreation, and Tourism - SB 907, SB 2126, SB 2182, SCR 7, SCR 58
Defense and Veterans' Affairs - SB 1180, SB 1806, SCR 59
Elections - SB 323, SB 1638
Environmental Regulation - SB 530, SB 531, SB 892, SB 2070, SB 2354
Homeland Security and Public Safety - SB 284, SB 711, SB 799, SB 991, SB 2143
Judiciary and Civil Jurisprudence - SB 560, SB 772, SB 939, SB 1491, SB 1649, SB 1783, SB 1972, SB 1975, SB 2215, SB 2364
Land and Resource Management - SB 592
Natural Resources - SB 483, SB 520, SB 563, SB 1386, SB 2212
Pensions, Investments, and Financial Services - SB 322, SB 1138
Public Education - SB 869, SB 1453, SB 1776, SB 1828, SB 2073, SB 2180
Public Health - SB 572, SB 632, SB 749
State Affairs - SB 548, SB 1941, SB 2066
Urban Affairs - HB 4764
Ways and Means - SB 58, SB 196, SB 335, SB 687, SB 1393, SB 2101
ENGROSSED
May 14 - HB 4665
ENROLLED
May 14 - HB 1592, HB 1769, HB 2496, HCR 169, HCR 171
SENT TO THE GOVERNOR
May 14 - HB 39, HB 71, HB 105, HB 303, HB 306, HB 339, HB 347, HB 374, HB 380, HB 392, HB 402, HB 405, HB 435, HB 559, HB 598, HB 638, HB 650, HB 695, HB 723, HB 791, HB 799, HB 811, HB 853, HB 917, HB 986, HB 1064, HB 1067, HB 1218, HB 1300, HB 1331, HB 1385, HB 1415, HB 1422, HB 1494, HB 1508, HB 1520, HB 1525, HB 1540, HB 1554, HB 1555, HB 1612, HB 1627, HB 1656, HB 1665, HB 1689, HB 1760, HB 1785, HB 1821, HB 1828, HB 1837, HB 1838, HB 1854, HB 1872, HB 1934, HB 1935, HB 1944, HB 1996, HB 2039, HB 2079, HB 2105, HB 2127, HB 2137, HB 2228, HB 2235, HB 2243, HB 2298, HB 2326, HB 2330, HB 2338, HB 2425, HB 2458, HB 2471, HB 2551, HB 2570, HB 2597, HB 2820, HB 2888, HB 2900, HB 3020, HB 3093, HB 3094, HB 3095, HB 3122, HB 3217, HB 3246, HB 3422, HB 3459, HB 3580, HB 4650, HB 4651, HB 4654, HCR 47, HCR 59, HCR 122
SENT TO THE SECRETARY OF THE STATE
May 14 - HCR 40, HJR 12
SIGNED BY THE GOVERNOR
May 14 - HB 1159, HB 1595, HCR 162
FILED WITHOUT THE GOVERNOR'S SIGNATURE
May 14 - HB 1311