Monday, May 20, 2019

SIXTY-NINTH DAY --- MONDAY, MAY 20, 2019

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

The roll of the house was called and a quorum was announced present (Record 1509).

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; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Absent, Excused — Johnson, E.; Minjarez.

The invocation was offered by Dr. Rihabi Mohamed, imam, Islamic Society of Greater Houston, Houston, as follows:

I greet you all with the Islamic salutation of assalam alaykum, peace and blessings be upon you. In the name of God the Almighty, the most gracious, and the most merciful. Master of the day of judgment, we only worship you, and we seek help from you alone. Guide us to the straight path. Glory be to God, the Lord of Abraham, Moses, Jesus, and Muhammad. Peace be upon them all. O God, you are the almighty Lord of all prophets and messengers. You say in the Quran, "Oh people, we have created you from one male and one female and made you into nations and tribes so that you may know one another. Verily, the best amongst you are those who are the most pious."

O God, guide these important decision-makers with your divine light. Enable them to serve you and glorify your name by serving this nation and all the entire humanity. Please grant them wisdom, knowledge, insight, and the quality of excellence in planning that focuses on the highest standard of morals and virtues that you have intended for your creations. We ask you to bestow your blessings upon us and shower your infinite wisdom to these members of the house of representatives and allow them to embrace what is right and stand up to injustice. O God, guide our leaders to use their position of power as an influence and an instrument for the improvement of all humankind and peace throughout the world. We ask you, almighty God, that you empower these men and women who are peacemakers to be able to promote peace, unity, love, and mercy for this country and beyond. Amen.

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

LEAVES OF ABSENCE GRANTED

The following members were granted leaves of absence for today because of important business in the district:

E. Johnson on motion of Muñoz.

Minjarez on motion of Allison.

REGULAR ORDER OF BUSINESS SUSPENDED

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

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).

HCR 172 - ADOPTED
(by Flynn)

Representative Flynn moved to suspend all necessary rules to take up and consider at this time HCR 172.

The motion prevailed.

The following resolution was laid before the house:

HCR 172, Paying tribute to the U.S. military personnel from Texas who lost their lives in the line of duty.

HCR 172 was unanimously adopted by a rising vote.

HCR 173 - ADOPTED
(by Flynn)

Representative Flynn moved to suspend all necessary rules to take up and consider at this time HCR 173.

The motion prevailed.

The following resolution was laid before the house:

HCR 173, Convening a joint memorial session to pay tribute to all members of the U.S. military killed in the line of duty.

HCR 173 was adopted by (Record 1510): 145 Yeas, 0 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; 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.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; 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(C).

Absent, Excused — Johnson, E.; Minjarez.

Absent — Biedermann; Johnson, J.D.

HR 1557 - INTRODUCTION OF GUESTS

The chair recognized Representative Raymond who introduced Oscar "O.J." Hale and members of his family.

CAPITOL PHYSICIAN

The chair recognized Representative Bernal who presented Dr. Veronica Escobar of San Antonio as the "Doctor for the Day."

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

HR 1783 - ADOPTED
(by Buckley)

Representative Buckley moved to suspend all necessary rules to take up and consider at this time HR 1783.

The motion prevailed.

The following resolution was laid before the house:

HR 1783, Expressing support for the rights of Compact of Free Association islanders residing in Texas.

(Goldman in the chair)

HR 1783 was adopted.

HR 1611 - INTRODUCTION OF GUESTS

The chair recognized Representative Cortez who introduced representatives of Endeavors and the Fairweather Family Lodge.

SB 1207 - VOTE RECONSIDERED

Representative Krause moved to reconsider the vote by which SB 1207 was passed by Record No. 1508 on May 17.

The motion to reconsider prevailed.

SB 1207 ON THIRD READING
(Krause, Parker, Leach, and S. Davis - House Sponsors)

The chair laid before the house, on its third reading and final passage,

SB 1207, A bill to be entitled An Act relating to the coordination of private health benefits with Medicaid benefits.

SB 1207 was read third time on May 17 and was passed by Record No. 1508.

Amendment No. 1

Representative Krause offered the following amendment to SB 1207:

Amend SB 1207 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0605 to read as follows:

Sec. 531.0605. MEDICALLY DEPENDENT CHILDREN PROGRAM ELIGIBILITY REQUIREMENTS; NURSING FACILITY LEVEL OF CARE. To the extent allowed by federal law, the commission may not require that a child reside in a nursing facility for an extended period of time to meet the nursing facility level of care required for the child to be determined eligible for the medically dependent children (MDCP) waiver program.

Amendment No. 1 was adopted.

SB 1207, as amended, was passed by (Record 1511): 139 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Miller; 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; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

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

Absent, Excused — Johnson, E.; Minjarez.

Absent — González, M.; Gutierrez; Herrero; Hunter; Martinez Fischer; Smith; Walle.

STATEMENTS OF VOTE

When Record No. 1511 was taken, I was in the house but away from my desk. I would have voted yes.

Herrero

When Record No. 1511 was taken, I was in the house but away from my desk. I would have voted yes.

Hunter

When Record No. 1511 was taken, I was in the house but away from my desk. I would have voted yes.

Smith

REMARKS ORDERED PRINTED

Representative Biedermann moved to print all remarks on SB 1511 on second reading on May 15 and third reading on May 16.

The motion prevailed.

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

SB 8 ON THIRD READING
(Larson - House Sponsor)

SB 8, A bill to be entitled An Act relating to state and regional flood planning.

SB 8 was read third time on May 17 and was postponed until 7 a.m. today.

Representative Larson moved to postpone consideration of SB 8 until 9 a.m. Wednesday, May 22.

The motion prevailed.

SB 449 ON SECOND READING
(Wray - House Sponsor)

SB 449, A bill to be entitled An Act relating to testimony by an appraisal district employee as to the value of real property in certain ad valorem tax appeals.

SB 449 was read second time on May 17 and was postponed until 7 a.m. today.

Representative Wray moved to postpone consideration of SB 449 until 10 a.m. tomorrow.

The motion prevailed.

MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING

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

SB 1978 ON SECOND READING
(Krause, Sanford, Phelan, Oliverson, et al. - House Sponsors)

SB 1978, A bill to be entitled An Act relating to the protection of membership in, affiliation with, and support provided to religious organizations.

SB 1978 - POINT OF ORDER

Representative Anchia raised a point of order against further consideration of SB 1978 under Rule 4, Section 16, and Rule 4, Section 18(a), of the House Rules and under Article III, Section 37, of the Texas Constitution. The point of order was overruled and the speaker submitted the following ruling:

RULING BY THE SPEAKER

on Senate Bill 1978

Announced in the House on May 20, 2019

Representative Anchia raises a point of order against further consideration of SB 1978 under Rule 4, Sections 16 and 18(a), and Article III, Section 37, Texas Constitution, on the grounds that the committee met and took action without a majority of members present as reflected in the minutes.

Mr. Anchia argues that because the minutes of the committee meeting are not yet available, there is no official record to verify whether a quorum was present when the bill was considered by the committee. Under Rule 4, Section 18, minutes of a meeting of a substantive committee are due within three days after the meeting, and the minutes of the May 17 meeting are therefore due on Monday, May 20. Mr. Anchia agrees that the minutes are due on May 20.

According to the official committee report signed by the chair, the Committee on State Affairs met on May 17 in a formal meeting and reported the bill. The official committee report reflects that a quorum was present when the bill was reported, and the bill received a sufficient number of aye votes.

There is no express requirement in the rules for minutes of a committee meeting to be filed before a bill that was considered during that meeting is considered on the House floor. This is not a case where there are conflicting official records on file and corrected minutes are being offered to remedy an apparent error, as was the case in the precedent cited by Mr. Anchia. See 75 H. Jour. 3701 (1997).

Here, there is no error because the official records on file show that the Constitutional and House Rules were complied with.

Accordingly, the point of order is respectfully overruled.

Amendment No. 1

Representative Krause offered the following amendment to SB 1978:

Amend SB 1978 (house committee report) as follows:

(1) On page 4, strike lines 11 through 22.

(2) On page 4, line 23, strike "2400.006" and substitute "2400.005".

Amendment No. 1 was adopted.

Amendment No. 2

Representatives J. González, M. González, J.E. Johnson, Israel, and Zwiener offered the following amendment to SB 1978:

Amend SB 1978 (house committee report) as follows:

(1) On page 1, line 8, between "OF" and "MEMBERSHIP", insert "SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION, AND".

(2) On page 3, line 19, between "governmental entity" and "may not", insert "or an employer".

(3) On page 3, line 20, strike "person's" and substitute the following:

person's:

(1) sexual orientation;

(2) gender identity or expression; or

(3)

(4) On page 4, line 13, between "governmental entity" and "or", insert "or an employer".

(5) On page 4, line 14, between "governmental entity" and "to enforce", insert "or an employer".

(6) On page 4, line 25, between "protective of" and "the free", insert "sexual orientation rights, gender identity and expression rights, and".

(7) On page 4, line 27, between "protecting" and "the free", insert "sexual orientation rights, gender identity and expression rights, and".

Amendment No. 2 - Point of Order

Representative Cain 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.

The point of order was withdrawn.

A record vote was requested by Representative Stickland.

Amendment No. 2 failed of adoption by (Record 1512): 65 Yeas, 76 Nays, 2 Present, not voting.

Yeas — Allen; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Cole; Coleman; Collier; Cortez; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Moody; Morales; Muñoz; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Nays — Allison; Anderson; Ashby; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Frullo; Geren; Goldman; Harris; Hefner; Holland; Huberty; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Metcalf; Middleton; Miller; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.

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

Absent, Excused — Johnson, E.; Minjarez.

Absent — Anchia; Bailes; Harless; Meyer; Raney.

STATEMENTS OF VOTE

When Record No. 1512 was taken, I was in the house but away from my desk. I would have voted yes.

Anchia

When Record No. 1512 was taken, I was in the house but away from my desk. I would have voted no.

Harless

When Record No. 1512 was taken, I was in the house but away from my desk. I would have voted no.

Raney

A record vote was requested by Representative Stickland.

SB 1978, as amended, was passed to third reading by (Record 1513): 79 Yeas, 62 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Frullo; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.

Nays — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni; Cole; Coleman; Collier; Cortez; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Moody; Morales; Muñoz; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Zwiener.

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

Absent, Excused — Johnson, E.; Minjarez.

Absent — Canales; Guillen; Gutierrez; Morrison; Wu.

STATEMENT OF VOTE

When Record No. 1513 was taken, my vote failed to register. I would have voted no.

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. 32 and Senate List No. 25).

RECESS

Representative Burrows moved that the house recess until 1:45 p.m. today.

The motion prevailed.

The house accordingly, at 12:37 p.m., recessed until 1:45 p.m. today.

AFTERNOON SESSION

The house met at 2:06 p.m. and was called to order by the speaker.

HR 1675 - ADOPTED
(by Lucio)

Representative Lucio moved to suspend all necessary rules to take up and consider at this time HR 1675.

The motion prevailed.

The following resolution was laid before the house:

HR 1675, Congratulating La Energía Norteña on its seventh anniversary.

(Goldman in the chair)

HR 1675 was adopted.

On motion of Representative Anchia, the names of all the members of the house were added to HR 1675 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Lucio who introduced members of La Energía Norteña.

LEAVES OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today because of important business:

Herrero on motion of Rodriguez.

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

Kacal on motion of Bailes.

(Herrero now present)

MAJOR STATE CALENDAR
(consideration continued)

CSSB 29 ON SECOND READING
(Middleton, Longoria, Metcalf, Phelan, Burrows, et al. - House Sponsors)

CSSB 29, A bill to be entitled An Act relating to the use by a political subdivision of public money for lobbying and certain other activities.

CSSB 29 - POINT OF ORDER

Representative J. Turner raised a point of order against further consideration of CSSB 29 under Rule 4, Section 32(c)(2), of the House Rules.

(Kacal now present)

The point of order was overruled and the speaker submitted the following ruling:

RULING BY THE SPEAKER

on Senate Bill 29

Announced in the House on May 20, 2019

(Goldman in the chair)

Representative J. Turner raises a point of order against further consideration of CSSB 29 under Rule 4, Section 32(c)(2), on the grounds that the bill analysis is inaccurate and substantially and materially misleading.

Mr. Turner argues that the bill analysis is inaccurate and substantially and materially misleading because the bill analysis uses the term "lobbying" to describe the prohibited conduct, while the bill prohibits actors from "directly or indirectly influencing" the outcome of legislation pending before the legislature. He argues that the activity prohibited by the plain language of the bill is broader than the activity described by the term "lobbying." The bill amends the law to expressly prohibit "lobbying activities" and the Chair finds it is reasonable for the analysis's drafter to use the term "lobby" to describe the prohibited activities.

Mr. Turner further argues that the description in the bill analysis of changes made to the availability of injunctive relief is inaccurate. The alleged error is that the analysis overlooks the fact that the prior law applied only to organizations supported wholly or partly by "payment of tax receipts," while the bill changes current law to apply to an association or organization supported wholly or partly by "public money."

The bill analysis is a summary. The Chair finds that the disputed language fairly summarizes changes made by the bill, because the analysis gives sufficient detail to inform the reader of the activity prohibited by the bill and the parties against whom the injunctive relief is available.

Accordingly, the point of order is respectfully overruled.

CSSB 29 - POINT OF ORDER

Representative Y. Davis raised a point of order against further consideration of CSSB 29 under Rule 4, Section 32(c)(2), of the House Rules and under Article I, Section 16, of the Texas Constitution on the grounds that the bill analysis is inaccurate, and the bill impairs the obligation of contracts and is an impermissible ex post facto law.

The point of order was withdrawn.

Amendment No. 1

Representative Middleton offered the following amendment to CSSB 29:

Amend CSSB 29 (house committee report) as follows:

(1) On page 1, strike lines 11-13 and substitute the following:

(1) a municipality; and

(2) a county.

(2) On page 1, strike lines 14-17, and substitute the following: "(b) The governing body of a political subdivision may not make an expenditure for a person to communicate directly, on behalf of the political subdivision, with a member of the legislative branch to influence legislation on the following matters:"

(3) On page 1, lines 18 and 19, strike ", including the implementation, rates, and administration of taxes" and substitute ", but not including matters related to the method of finance for hospital payments".

(4) On page 1, line 22, strike "and transparency of public servants" and substitute "of elected and appointed officials".

(5) On page 2, line 4, strike "elected".

(6) On page 2, strike lines 5-7 and substitute the following: "communicating directly with a member of the legislative branch to influence legislation while acting as an officer of the political subdivision;"

(7) On page 2, strike lines 9-12 and substitute the following: "communicating directly with a member of the legislative branch to influence legislation if the individual is not required to register with the Texas Ethics Commission under Chapter 305;

(4) travel and other incidental costs or expenses incurred in carrying out an activity described by this subsection; or

(5) payment of membership fees or dues to a chamber of commerce.".

(8) On page 2, line 16, strike "or" and substitute "of similarly situated political subdivisions or a nonprofit state".

(9) On page 2, line 22, strike "local [~~county~~]" and substitute "county or municipal".

(10) On page 2, lines 22-23, strike "all local [~~county~~]" and substitute "[~~all~~] county or municipal".

(11) On page 3, strike lines 1-5 and substitute the following: "on behalf of the association or organization does not communicate directly with a member of the legislative branch to influence legislation related to the matters described by Subsections (b)(1)-(4) [~~directly or indirectly influences or attempts to influence the outcome of any legislation pending before the legislature, except that this subdivision does not prevent a person~~".

(12) On page 3, line 16, between "organization" and "supported", insert "described by Subsection (d) that is".

(13) On page 4, between lines 1 and 2, insert "(g) In this section, the terms "communicate directly with", "expenditure", "legislation", "matter", "member of the legislative branch", and "person" have the meanings assigned in Chapter 305."

(14) On page 4, strike lines 9-16 and substitute the following: "(b) A political subdivision or authority must disclose on any comprehensive annual financial report required to be prepared by the political subdivision or authority the total amount spent during the fiscal year to compensate persons to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action if those persons are required to register under Chapter 305, Government Code."

Amendment No. 2

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

Amend Amendment No. 1 by Middleton to CSSB 29 (house committee report) by striking Item 1 of the amendment and substituting the following:

(1) On page 1, strike lines 11-13 and substitute the following:

(1) a county with a population of 250,000 or more; and

(2) a municipality located in a county described by Subdivision (1).

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today because of important business:

Huberty on motion of Murphy.

CSSB 29 - (consideration continued)

A record vote was requested by Representative Stickland.

Amendment No. 2 was adopted by (Record 1514): 90 Yeas, 54 Nays, 3 Present, not voting.

Yeas — Allen; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bowers; Bucy; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; Larson; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Morales; Morrison; Neave; Nevárez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Shine; Smithee; Stephenson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zerwas; Zwiener.

Nays — Allison; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Davis, S.; Dominguez; Frank; Frullo; Guerra; Harless; Hefner; Holland; Hunter; Klick; Krause; Landgraf; Lang; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Moody; Muñoz; Murphy; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Schaefer; Shaheen; Sherman; Smith; Springer; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; White; Wilson; Wray; Zedler.

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

Absent, Excused — Huberty; Johnson, E.; Minjarez.

STATEMENTS OF VOTE

When Record No. 1514 was taken, I was shown voting yes. I intended to vote no.

Sanford

When Record No. 1514 was taken, I was shown voting no. I intended to vote yes.

Sherman

When Record No. 1514 was taken, I was shown voting no. I intended to vote yes.

Springer

Amendment No. 3

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

Amend Amendment No. 1 by Middleton to CSSB 29 as follows:

(1) Strike items (3) and (4) of the amendment.

(2) Add the following appropriately numbered item to the amendment:

(____) On page 1, strike lines 18-22 and substitute the following:

(1) a tax imposed under:

(A) Title 1, Tax Code;

(B) Title 2, Tax Code; and

(2) a tax imposed on the net income of a person, including a person's share of partnership and unincorporated association income;

(3) bond elections;

(4) certificates of obligation, as defined by Chapter 271, Local Government Code, and debt guaranteed by an ad valorem tax; and

(5) ethics of elected and appointed officials.

(3) In Item (7) of the amendment, strike added Subdivisions (4) and (5) and substitute the following:

(4) travel and other incidental costs or expenses incurred in carrying out an activity described by this subsection;

(5) payment of membership fees or dues to:

(A) a chamber of commerce; or

(B) an economic development corporation; or

(6) the governing body of a political subdivision from making an expenditure for a person to communicate directly, on behalf of the political subdivision, with a member of the legislative branch to influence legislation on matters related to the method of finance for hospital payments.

(4) Renumber the items of the amendment as appropriate.

A record vote was requested by Representative Stickland.

Amendment No. 3 was adopted by (Record 1515): 126 Yeas, 16 Nays, 4 Present, not voting.

Yeas — Allen; 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; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Miller; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stucky; Talarico; Thierry; Thompson, E.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Allison; Biedermann; Cain; Harris; Klick; Krause; Lang; Metcalf; Patterson; Schaefer; Shaheen; Stephenson; Stickland; Swanson; Tinderholt; Wilson.

Present, not voting — Mr. Speaker; Geren; Goldman(C); Noble.

Absent, Excused — Huberty; Johnson, E.; Minjarez.

Absent — Thompson, S.

STATEMENTS OF VOTE

When Record No. 1515 was taken, I was shown voting yes. I intended to vote no.

Capriglione

When Record No. 1515 was taken, I was shown voting yes. I intended to vote no.

Hunter

When Record No. 1515 was taken, I was shown voting yes. I intended to vote no.

Miller

When Record No. 1515 was taken, I was in the house but away from my desk. I would have voted yes.

S. Thompson

Amendment No. 4

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

Amend Amendment No. 1 by Middleton to CSSB 29 as follows:

(1) Add the following appropriately numbered items to the amendment and renumber subsequent items of the amendment accordingly:

(____) On page 4, line 6, immediately following the underlined semicolon, strike "or".

(____) On page 4, line 8, between "transit authority" and the underlined period, insert the following:

; or

(3) an open-enrollment charter school

(____) On page 4, line 18, strike "or authority" and substitute ", authority, or open-enrollment charter school".

(2) Strike item (14) of the amendment and substitute the following appropriately numbered item:

(____) On page 4, strike lines 9-16 and substitute the following:

(b) A political subdivision, authority, or open-enrollment charter school must disclose on any comprehensive annual financial report required to be prepared by the political subdivision, authority, or open-enrollment charter school the total amount spent during the fiscal year to compensate persons to communicate directly with a member of the legislative or executive branch to influence legislation or administration action if those persons are required to register under Chapter 305, Government Code.

Amendment No. 4 - Point of Order

Representative Cain raised a point of order against further consideration of Amendment No. 4 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. 4 was withdrawn.

(Speaker in the chair)

Amendment No. 5

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

Amend Amendment No. 1 by Middleton to CSSB 29, on page 2 of the amendment, in Item (7) of the amendment, by striking added Subdivision (5) and substituting the following:

(5) payment of membership fees or dues to:

(A) a chamber of commerce;

(B) an economic development corporation; or

Amendment No. 5 was withdrawn.

Amendment No. 6

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

Amend Amendment No. 1 by Middleton to CSSB 29 as follows:

(1) Add the following appropriately numbered items to the amendment and renumber subsequent items of the amendment accordingly:

(____) On page 4, strike lines 6-8 and substitute the following:

(1) a municipality; and

(2) a county.

(____) On page 4, lines 17-18, strike "political subdivision or authority" and substitute "municipality or county".

(2) Strike item (14) of the amendment and substitute the following appropriately numbered item:

(____) On page 4, strike lines 9-16 and substitute the following:

(b) A municipality or county must disclose on any comprehensive annual financial report required to be prepared by the municipality or county the total amount spent during the fiscal year to compensate persons to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action if those persons are required to register under Chapter 305, Government Code.

Amendment No. 6 was withdrawn.

A record vote was requested by Representative Stickland.

Amendment No. 1, as amended, was adopted by (Record 1516): 81 Yeas, 59 Nays, 2 Present, not voting.

Yeas — Allen; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Blanco; Bowers; Bucy; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Cyrier; Darby; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guillen; Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; King, K.; Kuempel; Larson; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Miller; Morales; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raney; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Smithee; Springer; Stephenson; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zerwas; Zwiener.

Nays — Allison; Bell, C.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Craddick; Dean; Frank; Frullo; Goldman; Guerra; Harless; Hefner; Holland; Hunter; Kacal; Klick; Krause; Lambert; Landgraf; Lang; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Moody; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raymond; Sanford; Schaefer; Shaheen; Shine; Smith; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; White; Wilson; Wray; Zedler.

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

Absent, Excused — Huberty; Johnson, E.; Minjarez.

Absent — Flynn; King, P.; King, T.; Morrison; Muñoz.

STATEMENTS OF VOTE

When Record No. 1516 was taken, I was shown voting no. I intended to vote yes.

Dean

When Record No. 1516 was taken, my vote failed to register. I would have voted yes.

Flynn

When Record No. 1516 was taken, I was shown voting yes. I intended to vote no.

Harris

When Record No. 1516 was taken, my vote failed to register. I would have voted yes.

P. King

When Record No. 1516 was taken, I was shown voting yes. I intended to vote no.

Miller

When Record No. 1516 was taken, I was in the house but away from my desk. I would have voted no.

Muñoz

Amendment No. 7

Representative Dutton offered the following amendment to CSSB 29:

Amend CSSB 29 (house committee printing) on page 1, between lines 13 and 14, by inserting the following:

(a-1) Notwithstanding Subsection (a), this section does not apply to a county with a population of less than one million.

Amendment No. 7 was withdrawn.

Amendment No. 8

Representative Ramos offered the following amendment to CSSB 29:

Amend CSSB 29 (house committee report) as follows:

(1) On page 1, line 9, strike "This" and substitute "Except as provided by Subsection (a-1), this".

(2) On page 1, between lines 13 and 14, insert the following:

(a-1) This section does not apply to a municipality:

(1) with a population of 1.18 million or more that is located predominantly in a county that has a total area of less than 1,000 square miles;

(2) with a population of more than 220,000 and less than 250,000 that:

(A) is located in a county in which another municipality that has a population of more than one million is predominately located; and

(B) has emergency medical services administered by a fire department;

(3) with a population of 13,056; or

(4) with a population of 99,223.

A record vote was requested by Representative Stickland.

Amendment No. 8 failed of adoption by (Record 1517): 62 Yeas, 80 Nays, 3 Present, not voting.

Yeas — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Bucy; Button; Calanni; Canales; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; King, T.; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Morales; Muñoz; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Clardy; Craddick; Cyrier; Davis, S.; Dean; Flynn; Frank; Frullo; Goldman; Harless; Harris; Hefner; Holland; Hunter; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lozano; Metcalf; Meyer; Miller; Moody; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.

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

Absent, Excused — Huberty; Johnson, E.; Minjarez.

Absent — Gutierrez; Middleton.

STATEMENT OF VOTE

When Record No. 1517 was taken, I was in the house but away from my desk. I would have voted no.

Middleton

Amendment No. 9

Representative Capriglione offered the following amendment to CSSB 29:

Amend CSSB 29 (house committee report) as follows:

(1) On page 4, between lines 1 and 2, insert the following subsections:

(g) A political subdivision shall prominently display on the political subdivision's Internet website the following regarding contracts for services that would require a person to register as a lobbyist under Chapter 305:

(1) the execution dates;

(2) the contract duration terms, including any extension options;

(3) the effective dates;

(4) the final amount of money the political subdivision paid in the previous fiscal year;

(5) the identity of all parties to the contract;

(6) the identity of all subcontractors in the contract; and

(7) the legislative agenda of the political subdivision.

(h) In lieu of displaying the items described by Subsections (g)(1)-(6) regarding a contract for services that would require a person to register as a lobbyist under Chapter 305, a political subdivision may post on the political subdivision's Internet website the contract for those services.

(i) Information required to be displayed on a political subdivision's Internet website under this section is public information subject to disclosure under Chapter 552.

(2) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:

SECTION ____. Section 2252.908(b), Government Code, is amended to read as follows:

(b) This section applies only to a contract of a governmental entity or state agency that:

(1) requires an action or vote by the governing body of the entity or agency before the contract may be signed; [or]

(2) has a value of at least $1 million; or

(3) is for services that would require a person to register as a lobbyist under Chapter 305.

SECTION ____. Section 140.0045, Local Government Code, is amended to read as follows:

Sec. 140.0045. ITEMIZATION OF CERTAIN [~~PUBLIC NOTICE~~] EXPENDITURES REQUIRED IN CERTAIN POLITICAL SUBDIVISION BUDGETS. (a) Except as provided by Subsection (b), the proposed budget of a political subdivision must include, in a manner allowing for as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year, a line item indicating expenditures for:

(1) notices required by law to be published in a newspaper by the political subdivision or a representative of the political subdivision; and

(2) directly or indirectly influencing or attempting to influence the outcome of legislation or administrative action, as those terms are defined in Section 305.002, Government Code [~~that allows as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year~~].

(b) Subsection (a)(1) [~~This section~~] does not apply to a junior college district.

Amendment No. 9 was adopted.

Amendment No. 10

Representative Moody offered the following amendment to CSSB 29:

Amend CSSB 29 (house committee report) as follows:

(1) Strike page 4, line 26 through page 5, line 3, and substitute the following: "effective date of this Act. A contract term requiring services to be rendered that are prohibited by Section 556.0056, Government Code, as transferred, redesignated, and amended by this Act, is void to the extent those services are prohibited on the effective date of this Act as being counter to public policy."

(2) Insert a new SECTION of the bill to read as follows, and renumber the remaining sections appropriately:

SECTION ____. Section 571.091(a), Government Code, is amended to read as follows:

(a) The commission shall prepare a written opinion answering the request of a person subject to any of the following laws for an opinion about the application of any of these laws to the person in regard to a specified existing or hypothetical factual situation:

(1) Chapter 302;

(2) Chapter 303;

(3) Chapter 305;

(4) Chapter 2004;

(5) Chapter 572;

(6) Subchapter C, Chapter 159, Local Government Code, as provided by Section 571.061(a)(2);

(7) Title 15, Election Code;

(8) Chapter 36, Penal Code; [or]

(9) Chapter 39, Penal Code;

(10) Section 2152.064; [or]

(11) Section 2155.033; or

(12) Section 556.0056.

A record vote was requested by Representative Stickland.

Amendment No. 10 was adopted by (Record 1518): 133 Yeas, 10 Nays, 2 Present, not voting.

Yeas — Allen; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Blanco; 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; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; 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; Meyer; Meza; Miller; 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 — Allison; Biedermann; Bohac; Cain; Hefner; Hunter; Metcalf; Schaefer; Stickland; Wilson.

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

Absent, Excused — Huberty; Johnson, E.; Minjarez.

Absent — Beckley; Middleton.

Amendment No. 11

Representative S. Davis offered the following amendment to CSSB 29:

Amend CSSB 29 (house committee report) as follows:

(1) Strike page 4, line 20 through page 5, line 3 and substitute the following:

SECTION ____. (a) Section 556.005(a), Government Code, as amended by this Act, Section 556.0056, Government Code, as transferred, redesignated, and amended by this Act, and Section 556.0057, Government Code, as added by this Act, apply only to an expenditure or payment of public funds that is made on or after the effective date of this Act, including an expenditure or payment of public funds that is made under a contract entered into before, on, or after the effective date of this Act. A contract term providing for an expenditure or payment prohibited by Section 556.005(a), Government Code, as amended by this Act, Section 556.0056, Government Code, as transferred, redesignated, and amended by this Act, and Section 556.0057, Government Code, as added by this Act, is void on the effective date of this Act for being counter to public policy.

(2) Add the following appropriately numbered SECTIONS to the bill:

SECTION ____. Section 556.005(a), Government Code, is amended to read as follows:

(a) A state agency may not use appropriated money to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 to register as a lobbyist. A [~~Except for an institution of higher education as defined by Section 61.003, Education Code, a~~] state agency may not use any money under its control to employ or contract with an individual who is required by Chapter 305 to register as a lobbyist.

SECTION ____. Chapter 556, Government Code, is amended by adding Section 556.0057 to read as follows:

Sec. 556.0057. LOBBYING ACTIVITIES OF STATE AGENCY; EMPLOYMENT OF FEDERAL LOBBYIST. (a) In this section, "lobbyist" means a person who is defined as a "lobbying firm" or "lobbyist" under Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. Section 1602).

(b) A state agency may not spend public money to:

(1) directly or indirectly influence or attempt to influence the outcome of any legislation pending before the Congress of the United States; or

(2) employ in any capacity or contract with a lobbyist.

(1) an individual from providing information to a member of the Congress of the United States or appearing before a congressional committee at the request of the committee or the member of Congress; or

(2) an elected officer from advocating for or against or otherwise influencing or attempting to influence the outcome of legislation pending before the Congress of the United States while acting as an officer.

SECTION ____. Section 556.008, Government Code, is amended to read as follows:

Sec. 556.008. COMPENSATION PROHIBITION. A state agency may not use appropriated money to compensate a state officer or employee who violates Section 556.004(a), (b), or (c) or Section 556.005, 556.0057, or 556.006(a), or who is subject to termination under Section 556.007.

SECTION ____. Section 556.009(a), Government Code, is amended to read as follows:

(a) A state agency shall provide each officer and employee of the agency a copy of Sections 556.004, 556.005, 556.0057, 556.006, 556.007, and 556.008 and require a signed receipt on delivery. A new copy and receipt are required if one of those provisions is changed.

SECTION ____. The changes in law made by this Act apply only to conduct occurring on or after the effective date of this Act. Conduct engaged in before the effective date of this Act is governed by the law in effect when the conduct occurred, regardless of when a person was compensated for the conduct, and the former law is continued in effect for that purpose.

(3) Renumber the SECTIONS of the bill accordingly.

Amendment No. 11 was withdrawn.

A record vote was requested by Representative Stickland.

CSSB 29, as amended, failed to pass to third reading by (Record 1519): 58 Yeas, 85 Nays, 2 Present, not voting.

Yeas — Bell, C.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Capriglione; Craddick; Cyrier; Davis, S.; Dean; Frank; Frullo; Goldman; Harless; Harris; Hefner; Holland; King, P.; Klick; Krause; Landgraf; Lang; Leach; Leman; Longoria; Lozano; Metcalf; Meyer; Middleton; Moody; Morrison; Murphy; Murr; Noble; Oliverson; Patterson; Paul; Phelan; Raymond; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; Toth; White; Wilson; Wray; Zedler.

Nays — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Blanco; Bowers; Bucy; Button; Calanni; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Hunter; Israel; Johnson, J.D.; Kacal; King, K.; King, T.; Kuempel; Lambert; Larson; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Miller; Morales; Muñoz; Neave; Nevárez; Ortega; Pacheco; Paddie; Parker; Perez; Price; Ramos; Raney; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zerwas; Zwiener.

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

Absent, Excused — Huberty; Johnson, E.; Minjarez.

Absent — Canales; Johnson, J.E.

STATEMENTS OF VOTE

When Record No. 1519 was taken, I was shown voting no. I intended to vote yes.

Anderson

When Record No. 1519 was taken, my vote failed to register. I would have voted no.

Canales

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).

MAJOR STATE CALENDAR
(consideration continued)

SB 24 ON SECOND READING
(Paddie, et al. - House Sponsors)

SB 24, A bill to be entitled An Act relating to the provision of informational materials and certain other information to a pregnant woman before an abortion.

Amendment No. 1

Representative Ramos offered the following amendment to SB 24:

Amend SB 24 (house committee printing) as follows:

(1) On page 1, line 6, strike "Subsection (f)" and substitute "Subsections (f) and (g)".

(2) On page 2, between lines 12 and 13, insert the following:

(g) The commission shall ensure the informational materials described by Section 171.014 are medically accurate by:

(1) submitting the materials for recommendations to the American College of Obstetricians and Gynecologists; and

(2) if necessary, amending the materials based on the recommendations described by Subdivision (1).

(3) Add the following appropriately numbered SECTION to the bill:

SECTION ____. (a) As soon as practicable after the effective date of this Act, the Health and Human Services Commission shall submit the informational materials described by Section 171.014, Health and Safety Code, for recommendations in accordance with Section 171.012(g), Health and Safety Code, as added by this Act.

(b) A physician is not required to provide or describe the informational materials described by Section 171.014, Health and Safety Code, until the Health and Human Services Commission receives the recommendations described by Section 171.012(g), Health and Safety Code, as added by this Act, and, if necessary, amends the informational materials based on those recommendations.

(4) Renumber SECTIONS of the bill accordingly.

Amendment No. 1 - Point of Order

Representative Cain 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.

A record vote was requested.

SB 24 was passed to third reading by (Record 1520): 83 Yeas, 60 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Frullo; Geren; Goldman; Guillen; Harless; Hefner; Herrero; Holland; Hunter; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Lucio; Metcalf; Meyer; Miller; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.

Nays — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Cole; Coleman; Collier; Cortez; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; King, T.; Longoria; Lopez; Martinez; Martinez Fischer; Meza; Moody; Morales; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Huberty; Johnson, E.; Minjarez.

Absent — Harris; Hernandez; Middleton.

STATEMENTS OF VOTE

When Record No. 1520 was taken, I was in the house but away from my desk. I would have voted yes.

Harris

When Record No. 1520 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

CSSB 69 ON SECOND READING
(Capriglione - House Sponsor)

CSSB 69, A bill to be entitled An Act relating to the allocations of money for transfer to the state highway fund and the economic stabilization fund and the investment of money in the economic stabilization fund.

Amendment No. 1

Representative Capriglione offered the following amendment to CSSB 69:

Amend CSSB 69 (house committee printing) on page 3, line 25, of the bill by striking "unappropriated".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Zerwas offered the following amendment to CSSB 69:

Amend CSSB 69 (house committee report) as follows:

(1) On page 3, line 20, strike "December 31, 2024." and substitute "December 31, 2034 [~~2024~~].".

(2) On page 5, line 5, strike "September 1, 2025," and substitute "September 1, 2035 [~~2025~~],".

(3) On page 5, line 11, strike "December 31, 2024." and substitute "December 31, 2034 [~~2024~~].".

Amendment No. 2 was adopted.

CSSB 69, as amended, was passed to third reading.

CSSB 1264 ON SECOND READING
(Oliverson, Martinez Fischer, G. Bonnen, Zerwas, and Lucio - House Sponsors)

CSSB 1264, A bill to be entitled An Act relating to consumer protections against certain medical and health care billing by certain out-of-network providers.

Amendment No. 1

Representative Oliverson offered the following amendment to CSSB 1264:

Amend CSSB 1264 (house committee printing) by striking all below the enacting clause and substituting the following:

ARTICLE 1. ELIMINATION OF SURPRISE BILLING FOR CERTAIN HEALTH BENEFIT PLANS

SECTION 1.01. Subtitle G, Title 5, Insurance Code, is amended by adding Chapter 752 to read as follows:

CHAPTER 752. ENFORCEMENT OF BALANCE BILLING PROHIBITIONS

Sec. 752.0001. DEFINITION. In this chapter, "administrator" has the meaning assigned by Section 1467.001.

Sec. 752.0002. INJUNCTION FOR BALANCE BILLING. (a) If the attorney general receives a referral from the appropriate regulatory agency indicating that an individual or entity, including a health benefit plan issuer or administrator, has exhibited a pattern of intentionally violating a law that prohibits the individual or entity from billing an insured, participant, or enrollee in an amount greater than an applicable copayment, coinsurance, and deductible under the insured's, participant's, or enrollee's managed care plan or that imposes a requirement related to that prohibition, the attorney general may bring a civil action in the name of the state to enjoin the individual or entity from the violation.

(b) If the attorney general prevails in an action brought under Subsection (a), the attorney general may recover reasonable attorney's fees, costs, and expenses, including court costs and witness fees, incurred in bringing the action.

Sec. 752.0003. ENFORCEMENT BY REGULATORY AGENCY. (a) An appropriate regulatory agency that licenses, certifies, or otherwise authorizes a physician, health care practitioner, health care facility, or other health care provider to practice or operate in this state may take disciplinary action against the physician, practitioner, facility, or provider if the physician, practitioner, facility, or provider violates a law that prohibits the physician, practitioner, facility, or provider from billing an insured, participant, or enrollee in an amount greater than an applicable copayment, coinsurance, and deductible under the insured's, participant's, or enrollee's managed care plan or that imposes a requirement related to that prohibition.

(b) The department may take disciplinary action against a health benefit plan issuer or administrator if the issuer or administrator violates a law requiring the issuer or administrator to provide notice of a balance billing prohibition or make a related disclosure.

(c) A regulatory agency described by Subsection (a) or the commissioner may adopt rules as necessary to implement this section. Section 2001.0045, Government Code, does not apply to rules adopted under this subsection.

SECTION 1.02. Subchapter A, Chapter 1271, Insurance Code, is amended by adding Section 1271.008 to read as follows:

Sec. 1271.008. BALANCE BILLING PROHIBITION NOTICE. (a) A health maintenance organization shall provide written notice in accordance with this section in an explanation of benefits provided to the enrollee and the physician or provider in connection with a health care service or supply provided by a non-network physician or provider. The notice must include:

(1) a statement of the billing prohibition under Section 1271.155, 1271.157, or 1271.158, as applicable;

(2) the total amount the physician or provider may bill the enrollee under the enrollee's health benefit plan and an itemization of copayments, coinsurance, deductibles, and other amounts included in that total; and

(3) for an explanation of benefits provided to the physician or provider, information required by commissioner rule advising the physician or provider of the availability of mediation or arbitration, as applicable, under Chapter 1467.

(b) A health maintenance organization shall provide the explanation of benefits with the notice required by this section to a physician or health care provider not later than the date the health maintenance organization makes a payment under Section 1271.155, 1271.157, or 1271.158, as applicable.

SECTION 1.03. Section 1271.155, Insurance Code, is amended by amending Subsection (b) and adding Subsections (f) and (g) to read as follows:

(b) A health care plan of a health maintenance organization must provide the following coverage of emergency care:

(1) a medical screening examination or other evaluation required by state or federal law necessary to determine whether an emergency medical condition exists shall be provided to covered enrollees in a hospital emergency facility or comparable facility;

(2) necessary emergency care shall be provided to covered enrollees, including the treatment and stabilization of an emergency medical condition; [~~and~~]

(3) services originated in a hospital emergency facility, freestanding emergency medical care facility, or comparable emergency facility following treatment or stabilization of an emergency medical condition shall be provided to covered enrollees as approved by the health maintenance organization, subject to Subsections (c) and (d); and

(4) supplies related to a service described by this subsection shall be provided to covered enrollees.

(f) For emergency care subject to this section or a supply related to that care, a health maintenance organization shall make a payment required by Subsection (a) directly to the non-network physician or provider not later than, as applicable:

(1) the 30th day after the date the health maintenance organization receives an electronic claim for those services that includes all information necessary for the health maintenance organization to pay the claim; or

(2) the 45th day after the date the health maintenance organization receives a nonelectronic claim for those services that includes all information necessary for the health maintenance organization to pay the claim.

(g) For emergency care subject to this section or a supply related to that care, a non-network physician or provider or a person asserting a claim as an agent or assignee of the physician or provider may not bill an enrollee in, and the enrollee does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the enrollee's health care plan that:

(1) is based on:

(A) the amount initially determined payable by the health maintenance organization; or

(B) if applicable, a modified amount as determined under the health maintenance organization's internal appeal process; and

(2) is not based on any additional amount determined to be owed to the physician or provider under Chapter 1467.

SECTION 1.04. Subchapter D, Chapter 1271, Insurance Code, is amended by adding Sections 1271.157 and 1271.158 to read as follows:

Sec. 1271.157. NON-NETWORK FACILITY-BASED PROVIDERS. (a) In this section, "facility-based provider" means a physician or provider who provides health care services to patients of a health care facility.

(b) Except as provided by Subsection (d), a health maintenance organization shall pay for a covered health care service performed for or a covered supply related to that service provided to an enrollee by a non-network physician or provider who is a facility-based provider at the usual and customary rate or at an agreed rate if the provider performed the service at a health care facility that is a network provider. The health maintenance organization shall make a payment required by this subsection directly to the physician or provider not later than, as applicable:

(c) Except as provided by Subsection (d), a non-network facility-based provider or a person asserting a claim as an agent or assignee of the provider may not bill an enrollee receiving a health care service or supply described by Subsection (b) in, and the enrollee does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the enrollee's health care plan that:

(1) is based on:

(A) the amount initially determined payable by the health maintenance organization; or

(B) if applicable, a modified amount as determined under the health maintenance organization's internal appeal process; and

(2) is not based on any additional amount determined to be owed to the provider under Chapter 1467.

(d) This section does not apply to a nonemergency health care or medical service:

(1) that an enrollee elects to receive in writing in advance of the service with respect to each non-network physician or provider providing the service; and

(2) for which a non-network physician or provider, before providing the service, provides a complete written disclosure to the enrollee that:

(A) explains that the physician or provider does not have a contract with the enrollee's health benefit plan;

(B) discloses projected amounts for which the enrollee may be responsible; and

Sec. 1271.158. NON-NETWORK DIAGNOSTIC IMAGING PROVIDER OR LABORATORY SERVICE PROVIDER. (a) In this section, "diagnostic imaging provider" and "laboratory service provider" have the meanings assigned by Section 1467.001.

(b) Except as provided by Subsection (d), a health maintenance organization shall pay for a covered health care service performed by or a covered supply related to that service provided to an enrollee by a non-network diagnostic imaging provider or laboratory service provider at the usual and customary rate or at an agreed rate if the provider performed the service in connection with a health care service performed by a network physician or provider. The health maintenance organization shall make a payment required by this subsection directly to the physician or provider not later than, as applicable:

(c) Except as provided by Subsection (d), a non-network diagnostic imaging provider or laboratory service provider or a person asserting a claim as an agent or assignee of the provider may not bill an enrollee receiving a health care service or supply described by Subsection (b) in, and the enrollee does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the enrollee's health care plan that: