HOUSE JOURNAL


EIGHTY-SIXTH LEGISLATURE, REGULAR SESSION


PROCEEDINGS


SEVENTIETH DAY --- TUESDAY, MAY 21, 2019

The house met at 10:17 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 1529).

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, Excused — Johnson, E.

The invocation was offered by Marc R. Farnell Jr., senior pastor, CrossRidge Church, Little Elm, as follows:

Our almighty God and gracious heavenly Father, we thank you for today. We thank you for all our many blessings. We thank you for how you have blessed our nation and our great state for so many years. We thank you for these representatives gathered today. We thank you for their families. We thank you for the service, the leadership, the work, and the encouragement they so faithfully provide to us. We ask you to give them guidance and wisdom as they work. We ask you to give them kindness and grace as they communicate. We ask you to fill them with compassion, humility, and peace as they fulfill their duties today. Bless them, God, as they seek to bless us. Direct them, God, as they seek to direct us. Protect them, God, as they seek to protect us. May they not grow weary or give up in doing good. May the decisions made today be best for all of us and a blessing to all of us. We pray these things in Jesus' name. Amen.

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

(Goldman in the chair)

LEAVE OF ABSENCE GRANTED

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

E. Johnson on motion of Muñoz.

CAPITOL PHYSICIAN

The chair recognized Representative Lopez who presented Dr. Tatiana Cordova of San Antonio as the "Doctor for the Day."

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

REGULAR ORDER OF BUSINESS SUSPENDED

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

MESSAGES FROM THE SENATE

Messages from the senate were received at this time (see the addendum to the daily journal, Messages from the Senate, Message Nos. 1 and 2).

HR 1708 - ADOPTED
(by Cyrier)

Representative Cyrier moved to suspend all necessary rules to take up and consider at this time HR 1708.

The motion prevailed.

The following resolution was laid before the house:

HR 1708, In memory of Wilson Connell "Connie" Edwards Sr.

HR 1708 was unanimously adopted by a rising vote.

INTRODUCTION OF GUESTS

The chair recognized Representative Cyrier who introduced family members of Wilson Connell "Connie" Edwards Sr.

HR 1648 - ADOPTED
(by Thierry)

Representative Thierry moved to suspend all necessary rules to take up and consider at this time HR 1648.

The motion prevailed.

The following resolution was laid before the house:

HR 1648, In memory of Bessie Swindle of Houston.

HR 1648 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 1648 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Thierry who introduced family members and friends of Bessie Swindle.

LEAVES OF ABSENCE GRANTED

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

S. Davis on motion of S. Thompson.

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

Guillen on motion of Muñoz.

HR 1282 - INTRODUCTION OF GUESTS

The chair recognized Representative Bucy who introduced Peyton Phillips and members of his family.

(Speaker pro tempore in the chair)

HR 1770 - ADOPTED
(by Dutton)

Representative Dutton moved to suspend all necessary rules to take up and consider at this time HR 1770.

The motion prevailed.

The following resolution was laid before the house:

HR 1770, In memory of Rowena Calfee of Austin.

HR 1770 was unanimously adopted by a rising vote.

On motion of Representative Raymond, the names of all the members of the house were added to HR 1770 as signers thereof.

HR 1581 - ADOPTED
(by Toth)

Representative Toth moved to suspend all necessary rules to take up and consider at this time HR 1581.

The motion prevailed.

The following resolution was laid before the house:

HR 1581, Congratulating Marjorie Ferrone of Houston on being named the 2018 Woman to Watch in Entertainment & Education by WomenAndDrones.com.

HR 1581 was adopted.

HR 1707 - ADOPTED
(by Raymond)

Representative Raymond moved to suspend all necessary rules to take up and consider at this time HR 1707.

The motion prevailed.

The following resolution was laid before the house:

HR 1707, Honoring Henry L. "Hank" Whitman Jr. of Floresville for his service as commissioner of the Texas Department of Family and Protective Services.

HR 1707 was adopted.

On motion of Representative Frank, the names of all the members of the house were added to HR 1707 as signers thereof.

INTRODUCTION OF GUEST

The chair recognized Representative Raymond who introduced Henry L. "Hank" Whitman Jr.

SB 750 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative S. Thompson moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives S. Thompson, Frank, Ortega, and Price as house sponsors and Representatives Hinojosa and Wray as co-sponsors to SB 750.

The motion prevailed.

(Goldman in the chair)

SB 69 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Zerwas moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 69 all joint authors and co-authors for HB 20.

The motion prevailed.

SB 194 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Neave as a co-sponsor to SB 194.

The motion prevailed.

SB 535 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative P. King as a house sponsor to SB 535.

The motion prevailed.

SB 37 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative C. Turner moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 37 all joint authors and co-authors for HB 218.

The motion prevailed.

SB 1017 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative C. Turner moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 1017 all joint authors and co-authors for HB 3932.

The motion prevailed.

MAJOR STATE CALENDAR
SENATE BILLS
THIRD READING

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

SB 1978 ON THIRD 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 was passed by (Record 1530): 79 Yeas, 64 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(C); 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; Canales; Cole; Coleman; Collier; Cortez; 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; Minjarez; 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.

Present, not voting — Mr. Speaker; Hunter.

Absent, Excused — Davis, S.; Guillen; Johnson, E.

Absent — Gutierrez; Morrison.

STATEMENTS OF VOTE

When Record No. 1530 was taken, I was temporarily out of the house chamber. I would have voted no.

Gutierrez

When Record No. 1530 was taken, I was in the house but away from my desk. I would have voted yes.

Morrison

SB 24 ON THIRD 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.

SB 24 was passed by (Record 1531): 88 Yeas, 54 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Craddick; Cyrier; Darby; Dean; Deshotel; Dutton; Flynn; Frank; Frullo; Geren; González, M.; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Kacal; King, K.; King, P.; Klick; 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; Raymond; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; Turner, C.; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.

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

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

Absent, Excused — Davis, S.; Guillen; Johnson, E.

Absent — Bowers; Bucy; Gutierrez.

STATEMENTS OF VOTE

When Record No. 1531 was taken, I was in the house but away from my desk. I would have voted no.

Bowers

When Record No. 1531 was taken, I was in the house but away from my desk. I would have voted no.

Bucy

When Record No. 1531 was taken, I was shown voting yes. I intended to vote no.

Deshotel

When Record No. 1531 was taken, I was shown voting yes. I intended to vote no.

Dutton

When Record No. 1531 was taken, I was shown voting yes. I intended to vote no.

M. González

When Record No. 1531 was taken, I was temporarily out of the house chamber. I would have voted no.

Gutierrez

When Record No. 1531 was taken, I was shown voting yes. I intended to vote no.

C. Turner

SB 69 ON THIRD READING
(Capriglione, Zerwas, Longoria, Howard, G. Bonnen, et al. - House Sponsors)

SB 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.

SB 69 was passed by (Record 1532): 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; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; 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.

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

Absent, Excused — Davis, S.; Guillen; Johnson, E.

Absent — Gutierrez.

STATEMENT OF VOTE

When Record No. 1532 was taken, I was temporarily out of the house chamber. I would have voted yes.

Gutierrez

(Speaker in the chair)

SB 1264 ON THIRD READING
(Oliverson, Martinez Fischer, G. Bonnen, Zerwas, Lucio, et al. - House Sponsors)

SB 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.

SB 1264 was passed by (Record 1533): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; 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.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Guillen; Johnson, E.

GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING

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

SB 437 ON THIRD READING
(Price, Sheffield, Minjarez, Rose, and VanDeaver - House Sponsors)

SB 437, A bill to be entitled An Act relating to prohibited practices by a life insurance company relating to an individual's prescription for or obtainment of an opioid antagonist.

SB 437 was passed by (Record 1534): 129 Yeas, 16 Nays, 1 Present, not voting.

Yeas — Allen; Allison; 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Frank; Hefner; Krause; Landgraf; Lang; Middleton; Murr; Noble; Patterson; Schaefer; Springer; Stickland; Tinderholt; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Guillen; Johnson, E.

Absent — Anchia.

STATEMENT OF VOTE

When Record No. 1534 was taken, I was shown voting yes. I intended to vote no.

Wilson

SB 289 ON THIRD READING
(Morrison, Coleman, and Collier - House Sponsors)

SB 289, A bill to be entitled An Act relating to disaster housing recovery.

(Guillen now present)

Amendment No. 1

Representative Morrison offered the following amendment to SB 289:

Amend SB 289 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Subchapter C, Chapter 418, Government Code, is amended by adding Section 418.054 to read as follows:
Sec. 418.054.  DISASTER RECOVERY TASK FORCE. (a) The division shall develop a disaster recovery task force to operate throughout the long-term recovery period following natural and man-made disasters by providing specialized assistance for communities and individuals to address financial issues, available federal assistance programs, and recovery and resiliency planning to speed recovery efforts at the local level.
(b)  The disaster recovery task force may include and use the resources of:
(1)  any appropriate state agencies, including institutions of higher education; and
(2)  organized volunteer groups.
(c)  The disaster recovery task force shall develop procedures for preparing and issuing a report listing each project related to a disaster that qualifies for federal assistance. A report must be submitted to the appropriate federal agencies as soon as practicable after any disaster.
(d)  Once each quarter, the disaster recovery task force shall brief members of the legislature, legislative staff, and state agency personnel on the response and recovery efforts for previous disasters and any preparation or planning for potential future hazards, threats, or disasters.

Amendment No. 1 was adopted.

SB 289, as amended, was passed by (Record 1535): 145 Yeas, 2 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

STATEMENT OF VOTE

When Record No. 1535 was taken, I was shown voting no. I intended to vote yes.

Cain

SB 1214 ON THIRD READING
(Wilson - House Sponsor)

SB 1214, A bill to be entitled An Act relating to the sales and use tax exemption for certain aircraft.

SB 1214 was passed by (Record 1536): 144 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; 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; 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(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Beckley; Morrison; Pacheco.

STATEMENT OF VOTE

When Record No. 1536 was taken, I was in the house but away from my desk. I would have voted yes.

Morrison

SB 530 ON THIRD READING
(Wray - House Sponsor)

SB 530, A bill to be entitled An Act relating to civil and administrative penalties assessed or imposed for violations of laws protecting drinking water, public water supplies, and bodies of water.

SB 530 was passed by (Record 1537): 139 Yeas, 4 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; 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; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Hefner; Schaefer; Sherman; Tinderholt.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Anderson; González, J.; Toth; Wilson.

STATEMENTS OF VOTE

When Record No. 1537 was taken, I was in the house but away from my desk. I would have voted yes.

Anderson

When Record No. 1537 was taken, I was shown voting yes. I intended to vote no.

Cain

When Record No. 1537 was taken, I was in the house but away from my desk. I would have voted yes.

J. González

When Record No. 1537 was taken, my vote failed to register. I would have voted yes.

Toth

SB 748 ON THIRD READING
(S. Davis and S. Thompson - House Sponsors)

SB 748, A bill to be entitled An Act relating to newborn screening and the newborn screening preservation account.

SB 748 was passed by (Record 1538): 140 Yeas, 5 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; 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, 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; 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; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Middleton; Schaefer; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Bailes; Leach.

STATEMENT OF VOTE

When Record No. 1538 was taken, I was in the house but away from my desk. I would have voted yes.

Leach

SB 749 ON THIRD READING
(Price, et al. - House Sponsors)

SB 749, A bill to be entitled An Act relating to level of care designations for hospitals that provide neonatal and maternal care.

SB 749 was passed by (Record 1539): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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; 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 — Davis, S.; Johnson, E.

Absent — Stephenson.

SB 750 ON THIRD READING
(Button, S. Thompson, Frank, Ortega, Price, et al. - House Sponsors)

SB 750, A bill to be entitled An Act relating to maternal and newborn health care and the quality of services provided to women in this state under certain health care programs.

SB 750 was passed by (Record 1540): 144 Yeas, 2 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; 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; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Bernal.

SB 40 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Leach moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives G. Bonnen, Oliverson, and Calanni as house sponsors to SB 40.

The motion prevailed.

SB 40 ON THIRD READING
(Leach, Murr, G. Bonnen, Oliverson, and Calanni - House Sponsors)

SB 40, A bill to be entitled An Act relating to locations, terms, sessions, and procedures for conducting court proceedings.

SB 40 was passed by (Record 1541): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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; 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.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Dominguez.

SB 139 ON THIRD READING
(Moody - House Sponsor)

SB 139, A bill to be entitled An Act relating to a notice of educational rights for certain student evaluations.

SB 139 was passed by (Record 1542): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; 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.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — González, M.

STATEMENT OF VOTE

When Record No. 1542 was taken, I was shown voting yes. I intended to vote no.

Hunter

SB 346 ON THIRD READING
(Leach, Collier, White, and S. Thompson - House Sponsors)

SB 346, A bill to be entitled An Act relating to the consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees; imposing certain court costs and fees and increasing and decreasing the amounts of certain other court costs and fees.

Amendment No. 1

Representative Farrar offered the following amendment to SB 346:

Amend SB 346 on third reading by striking the text of the Farrar amendment adopted on second reading.

Amendment No. 1 was adopted.

SB 346, as amended, was passed by (Record 1543): 145 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; 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; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; 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.

Nays — Murr.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Paul.

STATEMENT OF VOTE

When Record No. 1543 was taken, I was shown voting yes. I intended to vote no.

Hunter

SB 1238 ON THIRD READING
(Rose, Collier, and S. Thompson - House Sponsors)

SB 1238, A bill to be entitled An Act relating to the admission, examination, and discharge of a person for voluntary mental health services.

Amendment No. 1

Representative Moody offered the following amendment to SB 1238:

Amend SB 1238 on third reading by striking the SECTION of the bill that repeals Section 572.001(c), Health and Safety Code, and renumbering the subsequent SECTIONS of the bill accordingly.

Amendment No. 1 was adopted.

SB 1238, as amended, was passed by (Record 1544): 107 Yeas, 40 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Stephenson; Swanson; Talarico; Thierry; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Biedermann; Bonnen; Cain; Cyrier; Dean; Goldman; Harris; Hefner; Holland; Klick; Krause; Kuempel; Landgraf; Lang; Leach; Leman; Metcalf; Middleton; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Sanford; Schaefer; Shaheen; Smith; Smithee; Springer; Stickland; Stucky; Thompson, E.; Toth; White; Wilson; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.

Craddick

When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.

Phelan

When Record No. 1544 was taken, I was shown voting yes. I intended to vote no.

Swanson

SB 531 ON THIRD READING
(Lozano - House Sponsor)

SB 531, A bill to be entitled An Act relating to the sources of funding for the Texas emissions reduction plan.

SB 531 was passed by (Record 1545): 115 Yeas, 26 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Deshotel; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Stephenson; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Bonnen; Burrows; Cyrier; Goldman; Harris; Hefner; Holland; Krause; Lang; Leach; Leman; Metcalf; Meza; Oliverson; Parker; Patterson; Schaefer; Shaheen; Smith; Smithee; Springer; Stickland; Stucky; Wilson; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.

Absent — Dean; Dominguez; Huberty; Middleton.

STATEMENTS OF VOTE

When Record No. 1545 was taken, I was in the house but away from my desk. I would have voted no.

Dean

When Record No. 1545 was taken, I was shown voting yes. I intended to vote no.

Hunter

When Record No. 1545 was taken, I was in the house but away from my desk. I would have voted no.

Middleton

When Record No. 1545 was taken, I was shown voting no. I intended to vote yes.

Oliverson

When Record No. 1545 was taken, I was shown voting present, not voting. I intended to vote yes.

Ramos

When Record No. 1545 was taken, I was shown voting yes. I intended to vote no.

Swanson

When Record No. 1545 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

When Record No. 1545 was taken, I was shown voting yes. I intended to vote no.

White

SB 2111 ON THIRD READING
(Price - House Sponsor)

SB 2111, A bill to be entitled An Act relating to the Health and Human Services Commission developing a plan to contract with a public institution of higher education to operate a certain state hospital.

SB 2111 was passed by (Record 1546): 141 Yeas, 6 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, 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; 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; 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; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Lang; Middleton; Schaefer; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

SB 1091 ON THIRD READING
(Ashby - House Sponsor)

SB 1091, A bill to be entitled An Act relating to vehicles eligible for veteran toll discount programs.

SB 1091 was passed by (Record 1547): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

SB 37 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative C. Turner moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Raney and S. Thompson as co-sponsors to SB 37.

The motion prevailed.

SB 37 ON THIRD READING
(Krause, Hernandez, Blanco, Oliverson, Shaheen, et al. - House Sponsors)

SB 37, A bill to be entitled An Act relating to a prohibition on the use of student loan default or breach of a student loan repayment or scholarship contract as a ground for refusal to grant or renew an occupational license or other disciplinary action in relation to an occupational license.

SB 37 was passed by (Record 1548): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; 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, 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.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Anderson.

STATEMENT OF VOTE

When Record No. 1548 was taken, I was in the house but away from my desk. I would have voted yes.

Anderson

SB 1474 ON THIRD READING
(Murphy, Howard, and Frullo - House Sponsors)

SB 1474, A bill to be entitled An Act relating to private activity bonds.

SB 1474 was passed by (Record 1549): 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; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; 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.

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

Absent, Excused — Davis, S.; Johnson, E.

STATEMENT OF VOTE

When Record No. 1549 was taken, I was shown voting yes. I intended to vote no.

Hunter

SB 568 ON THIRD READING
(G. Bonnen and Collier - House Sponsors)

SB 568, A bill to be entitled An Act relating to the regulation of child-care facilities and family homes; providing administrative penalties.

SB 568 was passed by (Record 1550): 135 Yeas, 12 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; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; 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; 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; 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; Cain; Canales; Dean; Hefner; Krause; Lang; Middleton; Schaefer; Springer; Stickland; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Hunter

When Record No. 1550 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

SB 633 ON THIRD READING
(Lambert and Guillen - House Sponsors)

SB 633, A bill to be entitled An Act relating to an initiative to increase the capacity of local mental health authorities to provide access to mental health services in certain counties.

SB 633 was passed by (Record 1551): 141 Yeas, 6 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; 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; 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; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Cain; Flynn; Middleton; Schaefer; Tinderholt; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

STATEMENT OF VOTE

When Record No. 1551 was taken, I was shown voting no. I intended to vote yes.

Flynn

FIVE-DAY POSTING RULE SUSPENDED

Representative Geren moved to suspend the five-day posting rule to allow the Committee on House Administration to consider interim budgets at 1 p.m. today in E1.010.

The motion prevailed.

COMMITTEE GRANTED PERMISSION TO MEET

Representative Geren requested permission for the Committee on House Administration to meet while the house is in session, at 1 p.m. today, in E1.010, to consider interim budgets.

Permission to meet was granted.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

House Administration, 1 p.m. today, E1.010, for a formal meeting, to consider interim budgets.

GENERAL STATE CALENDAR
(consideration continued)

SB 711 ON THIRD READING
(Leach - House Sponsor)

SB 711, A bill to be entitled An Act relating to allowing safety recall information to be included in a vehicle inspection report.

SB 711 was passed by (Record 1552): 135 Yeas, 12 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Cyrier; Darby; 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; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Israel; 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; 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; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Cain; Craddick; Hefner; Hunter; Lang; Middleton; Patterson; Schaefer; Stickland; Swanson; Wilson; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

STATEMENT OF VOTE

When Record No. 1552 was taken, I was shown voting no. I intended to vote yes.

Swanson

SB 1621 ON THIRD READING
(Price - House Sponsor)

SB 1621, A bill to be entitled An Act relating to creating a license for certain rural medical facilities; requiring a license; authorizing fees.

Amendment No. 1

Representative Darby offered the following amendment to SB 1621:

Amend SB 1621 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent the SECTIONS of the bill accordingly:
SECTION ____.  Section 1088.104, Special District Local Laws Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c)  The hospital system may include:
(1)  facilities for domiciliary care of the sick, injured, or geriatric;
(2)  outpatient clinics;
(3)  dispensaries;
(4)  convalescent home facilities;
(5)  necessary nurses;
(6)  domiciliaries and training centers;
(7)  blood banks;
(8)  community mental health centers;
(9)  research centers or laboratories; and
(10)  any other facilities the board considers necessary for medical care, [and] hospital care, and public safety and health.
(d)  A facility for public safety and health described by Subsection (c)(10) may only be:
(1)  constructed by the district using private money; and
(2)  used by the district, or any governmental entity to which the district leases the facility, for public safety and health purposes.

Amendment No. 1 was adopted.

SB 1621, as amended, was passed by (Record 1553): 140 Yeas, 6 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; 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; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; 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; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Canales; Middleton; Noble; Schaefer; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Nevárez.

STATEMENT OF VOTE

When Record No. 1553 was taken, I was in the house but away from my desk. I would have voted yes.

Nevárez

SB 1319 ON THIRD READING
(Murphy - House Sponsor)

SB 1319, A bill to be entitled An Act relating to an annual report submitted to the comptroller by a county that imposes certain hotel occupancy taxes.

SB 1319 was passed by (Record 1554): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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; 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 — Davis, S.; Johnson, E.

Absent — Pacheco.

STATEMENT OF VOTE

When Record No. 1554 was taken, my vote failed to register. I would have voted yes.

Pacheco

SB 1414 ON THIRD READING
(Phelan - House Sponsor)

SB 1414, A bill to be entitled An Act relating to fees regarding a residential tenant's failure to timely pay rent.

SB 1414 was passed by (Record 1555): 94 Yeas, 52 Nays, 1 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dutton; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Gutierrez; Harless; Harris; Hefner; Holland; Huberty; Hunter; Johnson, J.D.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Metcalf; Meyer; Middleton; Miller; Minjarez; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vo; White; Wilson; Wray; Wu; Zedler; Zerwas.

Nays — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni; Cole; Coleman; Collier; Davis, Y.; Dominguez; Farrar; Fierro; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.E.; Lambert; Martinez; Martinez Fischer; Meza; Moody; Morales; Muñoz; Neave; Nevárez; Ortega; Pacheco; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Walle; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Goldman.

STATEMENTS OF VOTE

When Record No. 1555 was taken, I was shown voting yes. I intended to vote no.

J.D. Johnson

When Record No. 1555 was taken, I was shown voting no. I intended to vote yes.

Lambert

When Record No. 1555 was taken, I was shown voting yes. I intended to vote no.

Wu

SB 1525 ON THIRD READING
(Sanford - House Sponsor)

SB 1525, A bill to be entitled An Act relating to the application of the sales and use tax to certain property and services.

SB 1525 was passed by (Record 1556): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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; Wu; Zedler; Zerwas; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Wray.

SB 1861 ON THIRD READING
(Flynn - House Sponsor)

SB 1861, A bill to be entitled An Act relating to certain public facilities financed, owned, and operated by a public facility corporation.

SB 1861 was passed by (Record 1557): 101 Yeas, 44 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bowers; Bucy; Burns; Burrows; Button; Calanni; Capriglione; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Parker; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smithee; Stephenson; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Walle; Wu; Zedler; Zerwas; Zwiener.

Nays — Ashby; Bohac; Bonnen; Buckley; Cain; Canales; Clardy; Craddick; Cyrier; Dean; Geren; Goldman; Harless; Harris; Hefner; Holland; Krause; Lambert; Landgraf; Lang; Leach; Leman; Metcalf; Miller; Murr; Noble; Oliverson; Paddie; Patterson; Paul; Sanford; Schaefer; Shaheen; Smith; Springer; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; White; Wilson; Wray.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

Absent — Middleton; Moody.

STATEMENTS OF VOTE

When Record No. 1557 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 1557 was taken, I was shown voting yes. I intended to vote no.

Hunter

When Record No. 1557 was taken, I was in the house but away from my desk. I would have voted no.

Middleton

When Record No. 1557 was taken, I was shown voting yes. I intended to vote no.

Zedler

SB 1940 ON THIRD READING
(Oliverson - House Sponsor)

SB 1940, A bill to be entitled An Act relating to the administration of a temporary health insurance risk pool.

SB 1940 was passed by (Record 1558): 146 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; 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; 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 — Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

SB 2212 ON THIRD READING
(Paul, Phelan, and Deshotel - House Sponsors)

SB 2212, A bill to be entitled An Act relating to the maintenance and operation of certain projects by certain drainage districts.

SB 2212 was passed by (Record 1559): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.

SB 2551 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Hernandez moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 2551 all joint authors and co-authors for HB 1521 and to designate Representative Goldman as a co-sponsor to SB 2551.

The motion prevailed.

SB 2551 ON THIRD READING
(Burrows, Moody, Leach, Longoria, Meyer, et al. - House Sponsors)

SB 2551, A bill to be entitled An Act relating to liability, payment, and death benefits for certain workers' compensation claims.

SB 2551 was passed by (Record 1560): 142 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; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; 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; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Lopez; Sherman.

Present, not voting — Mr. Speaker(C); Gervin-Hawkins; Minjarez.

Absent, Excused — Davis, S.; Johnson, E.

Absent — Moody.

STATEMENT OF VOTE

When Record No. 1560 was taken, I was shown voting yes. I intended to vote no.

Pacheco

SB 815 ON THIRD READING
(Moody - House Sponsor)

SB 815, A bill to be entitled An Act relating to the creation and preservation of certain records of criminal proceedings.

Amendment No. 1

Representative Moody offered the following amendment to SB 815:

Amend SB 815 on third reading by amending the Moody amendment adopted on second reading as follows:
Between "clear and present danger to public safety" and "and that required", insert "or to the person's refusal to sign a citation promising to pay the fine or appear in court".

Amendment No. 1 was adopted. (The vote was reconsidered later today, and Amendment No. 1 was withdrawn.)

SB 815 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives S. Thompson, Collier, White, and Coleman as house sponsors to SB 815.

The motion prevailed.

(Goldman in the chair)

The vote of the house was taken on final passage of SB 815 and the vote was announced yeas 70, nays 74.

A verification of the vote was requested and was granted.

The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 1561): 71 Yeas, 71 Nays, 2 Present, not voting.

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

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

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

Absent, Excused — Davis, S.; Johnson, E.

Absent — Guillen; Leach; Lucio; Phelan.

The chair stated that SB 815, as amended, failed to pass by the above vote. (The vote was reconsidered later today, and SB 815 was further amended and was passed by Record No. 1595.)

STATEMENT OF VOTE

When Record No. 1561 was taken, I was temporarily out of the house chamber. I would have voted no.

Phelan

REASON FOR VOTE

Yesterday, SB 815 passed to third reading without objection because it was for the most part a good bill. I understand that many were opposed to the second reading amendment put on by Mr. Moody. However, because this is a senate bill with house amendments, the ultimate fate of any objectionable amendment could have easily been resolved by the senate under the leadership of Lt. Governor Dan Patrick. Instead, at least for the time being, what could have been turned back into a bill that none thought objectionable at the time of its passage to third reading, is dead. I believe that a no vote may have been shortsighted. The senate could have been allowed to correct the issue so many found objectionable. In order to keep a good bill alive so it could be sent back to the senate, I voted for it.

Cain

LEAVE OF ABSENCE GRANTED

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

Lucio on motion of Hernandez.

GENERAL STATE CALENDAR
(consideration continued)

SB 632 ON THIRD READING
(Price, Coleman, S. Thompson, and Collier - House Sponsors)

SB 632, A bill to be entitled An Act relating to the composition of the governing bodies and the consultation policies of local mental health authorities with respect to sheriffs, their representatives, and local law enforcement agencies.

SB 632 was passed by (Record 1562): 140 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; 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 — Stickland.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Hunter; Leach; Phelan.

STATEMENT OF VOTE

When Record No. 1562 was taken, I was in the house but away from my desk. I would have voted yes.

Hunter

SB 772 ON THIRD READING
(Springer, C. Bell, et al. - House Sponsors)

SB 772, A bill to be entitled An Act relating to evidence in certain civil actions of a person's failure to forbid handguns on certain property.

SB 772 was passed by (Record 1563): 88 Yeas, 51 Nays, 2 Present, not voting.

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

Nays — Allen; Anchia; Beckley; Bernal; Blanco; Bucy; Cole; Collier; Davis, Y.; Dominguez; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Hernandez; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales; Muñoz; Neave; Ortega; 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; Goldman(C).

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Calanni; Guillen; Leach; Pacheco; Phelan; Smithee.

STATEMENTS OF VOTE

When Record No. 1563 was taken, I was in the house but away from my desk. I would have voted no.

Calanni

When Record No. 1563 was taken, I was shown voting yes. I intended to vote no.

Gutierrez

SB 535 ON THIRD READING
(Flynn, Ashby, Oliverson, and P. King - House Sponsors)

SB 535, A bill to be entitled An Act relating to the carrying of a handgun by a license holder on the premises of certain places of religious worship.

SB 535 was passed by (Record 1564): 86 Yeas, 53 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Flynn; Frank; Frullo; Geren; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Morrison; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Romero; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; 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; Collier; Davis, Y.; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Hernandez; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Morales; Muñoz; Ortega; Perez; Ramos; Raymond; Reynolds; Rodriguez; Rose; Rosenthal; Sherman; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Leach; Moody; Pacheco; Phelan; Smithee.

STATEMENTS OF VOTE

When Record No. 1564 was taken, I was shown voting yes. I intended to vote no.

Neave

When Record No. 1564 was taken, I was temporarily out of the house chamber. I would have voted yes.

Phelan

When Record No. 1564 was taken, I was shown voting yes. I intended to vote no.

Romero

When Record No. 1564 was taken, I was in the house but away from my desk. I would have voted yes.

Smithee

SB 988 ON THIRD READING
(Capriglione - House Sponsor)

SB 988, A bill to be entitled An Act relating to the assessment of litigation costs and attorney's fees in certain actions under the public information law.

SB 988 was passed by (Record 1565): 139 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; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; 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 — Ramos; Stickland.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Calanni; Guillen; Leach; Phelan.

STATEMENT OF VOTE

When Record No. 1565 was taken, I was in the house but away from my desk. I would have voted yes.

Calanni

SB 719 ON THIRD READING
(Frank - House Sponsor)

SB 719, A bill to be entitled An Act relating to increasing the punishment for certain conduct constituting the offense of murder and providing for the prosecution of that conduct as capital murder.

SB 719 was passed by (Record 1566): 132 Yeas, 8 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Farrar; Fierro; Flynn; Frank; Frullo; Geren; González, M.; Goodwin; Guerra; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas.

Nays — Cole; Dutton; Gervin-Hawkins; González, J.; Ramos; Rose; Thompson, S.; Zwiener.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Bucy; Guillen; Leach; Phelan; Smithee.

STATEMENTS OF VOTE

When Record No. 1566 was taken, I was shown voting no. I intended to vote yes.

Cole

When Record No. 1566 was taken, I was shown voting no. I intended to vote yes.

Gervin-Hawkins

When Record No. 1566 was taken, I was in the house but away from my desk. I would have voted yes.

Smithee

SB 2432 ON THIRD READING
(Sanford - House Sponsor)

SB 2432, A bill to be entitled An Act relating to the removal of a public school student from the classroom following certain conduct.

SB 2432 was passed by (Record 1567): 91 Yeas, 51 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Cortez; Craddick; Cyrier; Darby; Deshotel; Flynn; Frank; Frullo; Geren; Goodwin; Harless; Harris; Hefner; Herrero; Holland; Huberty; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Morrison; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rodriguez; Romero; Sanford; Shaheen; Sheffield; Shine; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Tinderholt; Toth; Turner, J.; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas.

Nays — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Calanni; Cole; Collier; Davis, Y.; Dean; Dominguez; Dutton; Farrar; Fierro; Gervin-Hawkins; González, J.; González, M.; Guerra; Gutierrez; Hernandez; Hinojosa; Howard; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Minjarez; Moody; Morales; Muñoz; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rose; Rosenthal; Schaefer; Sherman; Smith; Stickland; Thierry; Thompson, S.; Turner, C.; Vo; Wu; Zwiener.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Leach; Phelan.

STATEMENTS OF VOTE

When Record No. 1567 was taken, I was shown voting no. I intended to vote yes.

Collier

When Record No. 1567 was taken, I was shown voting no. I intended to vote yes.

M. González

When Record No. 1567 was taken, I was shown voting yes. I intended to vote no.

Neave

When Record No. 1567 was taken, I was shown voting yes. I intended to vote no.

Romero

When Record No. 1567 was taken, I was shown voting no. I intended to vote yes.

Smith

SB 2293 ON THIRD READING
(Dutton - House Sponsor)

SB 2293, A bill to be entitled An Act relating to the applicability of certain laws to open-enrollment charter schools.

SB 2293 was passed by (Record 1568): 95 Yeas, 46 Nays, 3 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Gutierrez; Harless; Harris; Hefner; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Muñoz; Murphy; Murr; Nevárez; Noble; Oliverson; Parker; Patterson; Paul; Perez; Raney; Raymond; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.

Nays — Allen; Anchia; Beckley; Bernal; Blanco; Canales; Collier; Farrar; Fierro; González, J.; González, M.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Israel; King, K.; King, P.; King, T.; Longoria; Lopez; Martinez; Martinez Fischer; Meza; Morales; Morrison; Neave; Ortega; Paddie; Price; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Leach; Phelan.

SB 583 ON THIRD READING
(Rose - House Sponsor)

SB 583, A bill to be entitled An Act relating to the appointment of a local public defender's office to represent indigent defendants in criminal cases.

SB 583 was passed by (Record 1569): 124 Yeas, 17 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; Landgraf; Larson; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Cain; Harris; Hefner; Hunter; Klick; Krause; Lang; Leman; Metcalf; Patterson; Paul; Sanford; Schaefer; Stephenson; Swanson; Tinderholt; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Biedermann; Guillen; Leach; Phelan.

STATEMENTS OF VOTE

When Record No. 1569 was taken, I was shown voting yes. I intended to vote no.

Shaheen

When Record No. 1569 was taken, I was shown voting yes. I intended to vote no.

Wilson

SB 2182 ON THIRD READING
(Parker - House Sponsor)

SB 2182, A bill to be entitled An Act relating to the eligibility of certain events for funding under the Major Events Reimbursement Program.

Amendment No. 1

Representative Parker offered the following amendment to SB 2182:

Amend SB 2182 on third reading as follows:
(1)  On page 2, line 12, between "festival" and "that is", insert "chronicling the life of Nelson Mandela".

Amendment No. 1 was adopted.

SB 2182, as amended, was passed by (Record 1570): 102 Yeas, 40 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bell, C.; Bernal; Blanco; Bowers; Buckley; Bucy; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wray; Wu; Zerwas; Zwiener.

Nays — Ashby; Bell, K.; Biedermann; Bohac; Bonnen; Burns; Burrows; Button; Cain; Dean; Flynn; Frank; Hefner; Holland; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Murr; Oliverson; Patterson; Paul; Sanford; Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Leach; Phelan.

STATEMENT OF VOTE

When Record No. 1570 was taken, I was shown voting no. I intended to vote yes.

Button

SB 1834 ON THIRD READING
(Rose, Rodriguez, S. Thompson, and Collier - House Sponsors)

SB 1834, A bill to be entitled An Act relating to a study and pilot program regarding the use of incentives to purchase certain fruits or vegetables under the supplemental nutrition assistance program.

SB 1834 was passed by (Record 1571): 88 Yeas, 53 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Blanco; Bohac; Bowers; Bucy; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zwiener.

Nays — Anderson; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Craddick; Cyrier; Darby; Dean; Flynn; Harless; Harris; Hefner; Holland; Hunter; Klick; Krause; Lambert; Landgraf; Lang; Larson; Leman; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Sanford; Schaefer; Shaheen; Smithee; Stickland; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Wilson; Wray; Zedler; Zerwas.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Bernal; Guillen; Leach; Phelan.

SB 572 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative S. Thompson moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives C. Bell, Capriglione, Hunter, Lucio, Oliverson, and Zwiener as co-sponsors to SB 572.

The motion prevailed.

SB 572 ON THIRD READING
(Rodriguez, VanDeaver, Kacal, Lambert, Moody, et al. - House Sponsors)

SB 572, A bill to be entitled An Act relating to the regulation of cottage food production operations.

SB 572 was passed by (Record 1572): 141 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; 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; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Noble.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Leach; Phelan.

SB 667 ON THIRD READING
(S. Thompson - House Sponsor)

SB 667, A bill to be entitled An Act relating to guardianships, management trusts, and certain other procedures and proceedings for persons who are incapacitated.

SB 667 was passed by (Record 1573): 115 Yeas, 26 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Gutierrez; Harless; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Muñoz; Murphy; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Bonnen; Cain; Clardy; Craddick; Harris; Holland; Hunter; King, P.; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Morrison; Murr; Parker; Patterson; Paul; Price; Shaheen; Springer; Swanson; Tinderholt; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Klick; Leach; Phelan.

STATEMENTS OF VOTE

When Record No. 1573 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 1573 was taken, I was in the house but away from my desk. I would have voted no.

Klick

When Record No. 1573 was taken, I was shown voting yes. I intended to vote no.

Schaefer

When Record No. 1573 was taken, I was shown voting yes. I intended to vote no.

Wilson

SB 25 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative C. Turner moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Lopez as a co-sponsor to SB 25.

The motion prevailed.

SB 25 ON THIRD READING
(C. Turner, Stucky, Howard, Frullo, Walle, et al. - House Sponsors)

SB 25, A bill to be entitled An Act relating to measures to facilitate the transfer, academic progress, and timely graduation of students in public higher education.

SB 25 was passed by (Record 1574): 142 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; 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 — Davis, S.; Johnson, E.; Lucio.

Absent — Guillen; Leach; Phelan.

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. 34).

(Guillen now present)

POSTPONED BUSINESS

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

SB 1804 ON SECOND READING
(Nevárez and Harless - House Sponsors)

SB 1804, A bill to be entitled An Act relating to the entry into the Texas Crime Information Center of certain information regarding conditions of bond imposed in criminal cases involving family violence.

SB 1804 was read second time on May 20 and was postponed until 8 a.m. today.

Amendment No. 1

Representative Nevárez offered the following amendment to SB 1804:

Amend SB 1804 (house committee printing) on page 1, lines 12 and 13, between "the order to" and "the chief", by inserting "the appropriate attorney representing the state and either to".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Craddick offered the following amendment to SB 1804:

Amend SB 1804 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 1061, Special District Local Laws Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. SALES AND USE TAX
Sec. 1061.301.  TAX AUTHORIZED. (a) The district may adopt, change the rate of, or abolish a sales and use tax at an election held in the district.
(b)  The district may not adopt a tax under this subchapter or increase the rate of the tax if as a result of the adoption of the tax or the tax increase the combined rate of all sales and use taxes imposed by the district and all other political subdivisions of this state having territory in the district would exceed two percent in any location in the district.
Sec. 1061.302.  APPLICABILITY OF OTHER LAW. Except to the extent that a provision of this subchapter applies, Chapter 323, Tax Code, applies to a tax authorized by this subchapter in the same manner as that chapter applies to the tax authorized by that chapter.
Sec. 1061.303.  TAX RATE; CHANGE IN RATE. (a) The district may impose a tax authorized by this subchapter in increments of one-eighth of one percent, with a minimum rate of one-eighth of one percent and a maximum rate of two percent.
(b)  The district may increase the rate of a tax authorized by this subchapter to a maximum of two percent or decrease the rate of the tax to a minimum of one-eighth of one percent if the change is approved by a majority of the voters of the district at an election called for that purpose.
Sec. 1061.304.  ELECTION PROCEDURE. An election to adopt, change the rate of, or abolish a tax authorized by this subchapter is called by the adoption of an order of the board. The board may call an election on its own motion and shall call an election if a number of qualified voters in the district equal to at least five percent of the number of registered voters in the district petitions the board to call the election.
Sec. 1061.305.  ELECTION IN OTHER TAXING AUTHORITY. (a) In this section, "taxing authority" means any entity authorized to impose a local sales and use tax.
(b)  If the district is included within the boundaries of another taxing authority and the adoption or increase in the rate of a tax under this subchapter would result in a combined tax rate by the district and other political subdivisions of this state of more than two percent at any location in the district, an election to approve or increase the rate of the tax has no effect unless:
(1)  one or more of the other taxing authorities holds an election in accordance with the law governing that authority on the same date as the election under this subchapter to reduce the tax rate of that authority to a rate that will result in a combined tax rate by the district and other political subdivisions of not more than two percent at any location in the district; and
(2)  the combined tax rate is reduced to not more than two percent as a result of that election.
(c)  This section does not permit a taxing authority to impose taxes at differential tax rates within the territory of the authority.
Sec. 1061.306.  TAX EFFECTIVE DATE. (a) The adoption, change in the rate of, or abolition of a tax under this subchapter takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter occurring after the date on which the comptroller receives notice of the results of an election to adopt, change the rate of, or abolish the tax.
(b)  If the comptroller determines that an effective date provided by Subsection (a) will occur before the comptroller can reasonably take the action required to begin collecting the tax or to implement the change in the rate of the tax or the abolition of the tax, the effective date may be extended by the comptroller until the first day of the next calendar quarter.
Sec. 1061.307.  USE OF TAX REVENUE. Revenue from a tax imposed under this subchapter may be used by the district for any purpose of the district authorized by law.
SECTION ____.  Section 1061.151(b), Special District Local Laws Code, is amended to read as follows:
(b)  The proposed budget must contain a complete financial statement of:
(1)  the outstanding obligations of the district;
(2)  the cash on hand in each district fund;
(3)  the money received by the district from all sources during the previous year;
(4)  the money available to the district from all sources during the ensuing year;
(5)  the balances expected at the end of the year in which the budget is being prepared;
(6)  the estimated revenue and balances available to cover the proposed budget;
(7)  the estimated ad valorem tax rate required; and
(8)  the proposed expenditures and disbursements and the estimated receipts and collections for the following fiscal year.
SECTION ____.  The heading to Subchapter F, Chapter 1061, Special District Local Laws Code, is amended to read as follows:
SUBCHAPTER F. AD VALOREM TAXES
SECTION ____.  Section 26.012(1), Tax Code, is amended to read as follows:
(1)  "Additional sales and use tax" means an additional sales and use tax imposed by:
(A)  a city under Section 321.101(b);
(B)  a county under Chapter 323; or
(C)  a hospital district, other than a hospital district:
(i)  created on or after September 1, 2001, that:
(a) [(i)]  imposes the sales and use tax under Subchapter I, Chapter 286, Health and Safety Code; or
(b) [(ii)]  imposes the sales and use tax under Subchapter L, Chapter 285, Health and Safety Code; or
(ii)  that imposes the sales and use tax under Subchapter G, Chapter 1061, Special District Local Laws Code.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Herrero offered the following amendment to SB 1804:

Amend SB 1804 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Chapter 772, Government Code, is amended by adding Section 772.0077 to read as follows:
Sec. 772.0077.  GRANT PROGRAM FOR MONITORING DEFENDANTS AND VICTIMS IN FAMILY VIOLENCE CASES. (a)  In this section:
(1)  "Criminal justice division" means the criminal justice division established under Section 772.006.
(2)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(b)  The criminal justice division shall establish and administer a grant program to reimburse counties for all or part of the costs incurred by counties as a result of monitoring in cases involving family violence defendants and victims who participate in a global positioning monitoring system under Article 17.292 or 17.49, Code of Criminal Procedure. A grant recipient may use funds from a grant awarded under the program only for monitoring conducted for the purpose of restoring a measure of security and safety for a victim of family violence.
(c)  The criminal justice division shall establish:
(1)  additional eligibility criteria for grant applicants;
(2)  grant application procedures;
(3)  guidelines relating to grant amounts;
(4)  procedures for evaluating grant applications; and
(5)  procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any conditions of a grant.
(d)  The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) a detailed reporting of the results and performance of the grant program administered under this section.
(e)  The criminal justice division may use any revenue available for purposes of this section.

Amendment No. 3 was adopted.

SB 1804, as amended, was passed to third reading.

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, postponed until May 20, and was again postponed until 10 a.m. today.

Amendment No. 1

Representative Wray offered the following amendment to SB 449:

Amend SB 449 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Section 11.26, Tax Code, is amended by amending Subsection (i) and adding Subsection (i-1) to read as follows:
(i)  If an individual who qualifies for the exemption provided by Section 11.13(c) [for an individual 65 years of age or older] dies, the surviving spouse of the individual is entitled to the limitation applicable to the residence homestead of the individual if:
(1)  the surviving spouse is 55 years of age or older when the individual dies; and
(2)  the residence homestead of the individual:
(A)  is the residence homestead of the surviving spouse on the date that the individual dies; and
(B)  remains the residence homestead of the surviving spouse.
(i-1)  A limitation under Subsection (i) applicable to the residence homestead of the surviving spouse of an individual who was disabled and who died before January 1, 2020, is calculated as if the surviving spouse was entitled to the limitation when the individual died.
SECTION ____.  Section 11.26, Tax Code, as amended by this Act, applies only to ad valorem taxes imposed for a tax year beginning on or after the effective date of this Act.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Wray offered the following amendment to SB 449:

Amend SB 449 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the remaining SECTIONS of the bill accordingly:
SECTION ____. Section 25.25, Tax Code, is amended by adding Subsection (q) to read as follows:
(q)  For purposes of Subsection 130.307(b)(1), Education Code, the taxable property valuation shall be considered the greater of $6 billion or the actual taxable property valuation as reflected on the appraisal roll, for any county that has the Trinity River as part of its boundary and which is adjacent to at least one county that has a freshwater fisheries center operated by the Texas Parks and Wildlife Department.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Meyer offered the following amendment to SB 449:

Amend SB 449 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Section 25.25, Tax Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:
(d)  At any time prior to the date the taxes become delinquent, a property owner or the chief appraiser may file a motion with the appraisal review board to change the appraisal roll to correct an error that resulted in an incorrect appraised value for the owner's property.  However, the error may not be corrected unless it resulted in an appraised value that exceeds by more than:
(1)  one-fourth the correct appraised value, in the case of property that qualifies as the owner's residence homestead under Section 11.13; or
(2)  one-third the correct appraised value, in the case of property that does not qualify as the owner's residence homestead under Section 11.13.
(d-1)  If the appraisal roll is changed under Subsection (d) [this subsection], the property owner must pay to each affected taxing unit a late-correction penalty equal to 10 percent of the amount of taxes as calculated on the basis of the corrected appraised value.  Payment of the late-correction penalty is secured by the lien that attaches to the property under Section 32.01 and is subject to enforced collection under Chapter 33. The roll may not be changed under Subsection (d) [this subsection] if:
(1)  the property was the subject of a protest brought by the property owner under Chapter 41, a hearing on the protest was conducted in which the property owner offered evidence or argument, and the appraisal review board made a determination of the protest on the merits; or
(2)  the appraised value of the property was established as a result of a written agreement between the property owner or the owner's agent and the appraisal district.
SECTION ____.  Section 25.25, Tax Code, as amended by this Act, applies only to a motion to correct an appraisal roll filed on or after the effective date of this Act. A motion to correct an appraisal roll filed before the effective date of this Act is governed by the law in effect on the date the motion was filed, and the former law is continued in effect for that purpose.

Amendment No. 3 was adopted.

SB 449, as amended, was passed to third reading.

(Phelan now present)

SB 212 ON SECOND READING
(Morrison - House Sponsor)

SB 212, A bill to be entitled An Act relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.

SB 212 was read second time on May 20 and was postponed until 10 a.m. today.

SB 212 was passed to third reading.

SB 212 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative C. Turner moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Neave and Button as house sponsors to SB 212.

The motion prevailed.

SB 563 ON SECOND READING
(Metcalf - House Sponsor)

SB 563, A bill to be entitled An Act relating to the reporting of information about the use of federal money for flood research, planning, and mitigation projects.

SB 563 was read second time on May 20 and was postponed until 10 a.m. today.

SB 563 was passed to third reading.

CSSB 194 ON SECOND READING
(Moody, Meyer, Collier, Leach, and Beckley - House Sponsors)

CSSB 194, A bill to be entitled An Act relating to the creation of the criminal offense of indecent assault, to judicial protection for victims of that offense, and to certain criminal acts committed in relation to that offense.

CSSB 194 was read second time on May 20 and was postponed until 10 a.m. today.

CSSB 194 was passed to third reading.

SB 194 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Neave as a co-sponsor to SB 194.

The motion prevailed.

MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING

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

CSSB 11 ON SECOND READING
(G. Bonnen, Huberty, Metcalf, Thierry, Price, et al. - House Sponsors)

CSSB 11, A bill to be entitled An Act relating to policies, procedures, and measures for school safety and mental health promotion in public schools.

Amendment No. 1

Representative G. Bonnen offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report) on page 28, between lines 18 and 19, by inserting the following appropriately lettered subsection and relettering subsequent subsections of the section accordingly:
(____)  A team may not provide a mental health care service to a student who is under 18 years of age unless the team obtains written consent from the parent of or person standing in parental relation to the student before providing the mental health care service. The consent required by this subsection must be submitted on a form developed by the school district that complies with all applicable state and federal law. The student's parent or person standing in parental relation to the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.

AMENDMENT NO. 1 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE TOTH: Dr. Bonnen, as I understand the amendment––there's been a lot of dialogue about this bill. Does your bill allow the school to go in and do a health diagnostic on a child?

REPRESENTATIVE G. BONNEN: No, it does not.

TOTH: Why not?

G. BONNEN: Only a mental health professional may do a mental health assessment and diagnosis and then recommend subsequent treatment. The purpose of the threat assessment team is precisely to assess the level of threat so that should a student or an individual be exhibiting behavior that is worrisome or concerning––that this person may be contemplating harm to themselves such as suicide or a violent act toward other students or teachers––that they can engage with that person to simply learn is this student having a bad day, are they making a bad joke, or is there something that is more serious and underlining that would necessarily require attention.

TOTH: Can they do a diagnostic on the child without a parent's permission?

G. BONNEN: No. It's actually stated in the statute should the threat assessment team find an immediate danger or concern, they are to report it to the superintendent, and the superintendent is actually tasked with immediately attempting to notify the parent.

TOTH: So the superintendent has to notify the parent and ask the parent's permission. Do I understand that correctly?

G. BONNEN: No mental health services will be delivered without parental notification or consent. Now, if they evaluate the student––

TOTH: Can they put the kids on drugs?

G. BONNEN: There is no provision in here whatsoever for any student to be medicated. Period. The one thing I will say is if a student is suicidal or homicidal, then there are protocols developed by the School Safety Center to deal with an immediate, acute threat. So if a student is threatening to kill themselves and it's a legitimate, compelling threat, they don't have to call the parent to prevent the child from harming themselves or hurting someone else.

REMARKS ORDERED PRINTED

Representative Toth moved to print remarks between Representative G. Bonnen and Representative Toth on CSSB 11.

The motion prevailed.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Price offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report) by striking SECTION 2 of the bill (page 2, line 1, through page 6, line 15) and renumbering subsequent SECTIONS of the bill accordingly.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Price offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report) as follows:
(1)  On page 13, line 20, immediately following "by", insert "amending Subsection (a) and".
(2)  On page 13, between lines 21 and 22, insert the following:
(a)  Each school district that offers kindergarten through grade 12 shall offer, as a required curriculum:
(1)  a foundation curriculum that includes:
(A)  English language arts;
(B)  mathematics;
(C)  science; and
(D)  social studies, consisting of Texas, United States, and world history, government, economics, with emphasis on the free enterprise system and its benefits, and geography; and
(2)  an enrichment curriculum that includes:
(A)  to the extent possible, languages other than English;
(B)  health, with emphasis on:
(i)  physical health, including the importance of proper nutrition and exercise;
(ii)  mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making; and
(iii)  suicide prevention, including recognizing suicide-related risk factors and warning signs;
(C)  physical education;
(D)  fine arts;
(E)  career and technology education;
(F)  technology applications;
(G)  religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature; and
(H)  personal financial literacy.
(3)  On page 42, lines 14 and 15, strike "Section 28.002(z), Education Code, as added by this Act, and Section" and substitute "Sections 28.002 and".

CSSB 11 - POINT OF ORDER

Representative Stickland raised a point of order against further consideration of CSSB 11 under Rule 4, Section 32(c)(3), of the House Rules on the grounds that the rulemaking authority statement in the bill analysis is inaccurate.

The point of order was withdrawn.

A record vote was requested by Representative Stickland.

Amendment No. 3 was adopted by (Record 1575): 124 Yeas, 7 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Dean; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; 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, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Cain; Lang; Middleton; Schaefer; Stickland; Swanson; Wilson.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Biedermann; Bohac; Davis, Y.; Deshotel; Dominguez; Farrar; King, P.; Leach; Miller; Morrison; Pacheco; Reynolds; Sherman; Zedler.

STATEMENTS OF VOTE

When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted no.

Biedermann

When Record No. 1575 was taken, I was temporarily out of the house chamber. I would have voted yes.

Bohac

When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted yes.

Y. Davis

When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

When Record No. 1575 was taken, I was temporarily out of the house chamber. I would have voted yes.

Miller

When Record No. 1575 was taken, I was in the house but away from my desk. I would have voted yes.

Sherman

Amendment No. 4

Representative Allison offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report) as follows:
(1)  On page 14, line 7, strike "(q) and (r)" and substitute "(o), (q), and (r)".
(2)  On page 15, between lines 21 and 22, insert the following:
(o)  The local school health advisory council shall make policy recommendations to the district to increase parental awareness of suicide-related risk factors and warning signs and available community suicide prevention services.

A record vote was requested by Representative Stickland.

Amendment No. 4 was adopted by (Record 1576): 113 Yeas, 26 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dominguez; Dutton; Farrar; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales; Muñoz; Murphy; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Burns; Cain; Capriglione; Dean; Frank; Hefner; King, P.; Krause; Lang; Middleton; Miller; Morrison; Murr; Parker; Patterson; Sanford; Schaefer; Shaheen; Stickland; Swanson; Tinderholt; Toth; White; Wilson; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Deshotel; González, J.; Gutierrez; Leach; Lopez; Nevárez.

STATEMENTS OF VOTE

When Record No. 1576 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

When Record No. 1576 was taken, I was shown voting no. I intended to vote yes.

Swanson

When Record No. 1576 was taken, I was shown voting no. I intended to vote yes.

Tinderholt

Amendment No. 5

Representative Harris offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report) on page 20, line 4, between "safety" and "strategies", by inserting "and suicide prevention".

Amendment No. 5 was adopted.

Amendment No. 6

On behalf of Representative Coleman, Representative G. Bonnen offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report) as follows:
(1)  On page 37, line 23, strike "and".
(2)  On page 38, line 4, between "systems" and the underlined period, insert the following appropriately lettered paragraph and reletter subsequent paragraphs of the subdivision accordingly:
; and
(____)  providing programs related to suicide prevention, intervention, and postvention

A record vote was requested by Representative Stickland.

Amendment No. 6 was adopted by (Record 1577): 140 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, Y.; Dean; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wu; Zedler; Zerwas; Zwiener.

Nays — Stickland.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Deshotel; Farrar; Leach; Wray.

STATEMENTS OF VOTE

When Record No. 1577 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

When Record No. 1577 was taken, I was in the house but away from my desk. I would have voted yes.

Wray

Amendment No. 7

Representatives Price and Allison offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 21.451(d), Education Code, is amended to read as follows:
(d)  The staff development:
(1)  may include training in:
(A)  technology;
(B)  conflict resolution;
(C)  discipline strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Section 37.001 and Chapter 37;
(D)  preventing, identifying, responding to, and reporting incidents of bullying; and
(E)  digital learning;
(2)  subject to Subsection (e) and to Section 21.3541 and rules adopted under that section, must include training that is evidence-based, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), that:
(A)  relates to instruction of students with disabilities; and
(B)  is designed for educators who work primarily outside the area of special education; and
(3)  must include suicide prevention training that must be provided:
(A)  on an annual basis, as part of a new employee orientation, to all new school district and open-enrollment charter school educators; and
(B)  to existing school district and open-enrollment charter school educators at least once every five years [on a schedule adopted by the agency by rule].

A record vote was requested by Representative Stickland.

Amendment No. 7 was adopted by (Record 1578): 139 Yeas, 1 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; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Dominguez; Dutton; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; 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; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; 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 — Stickland.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Deshotel; Farrar; Leach; Longoria.

STATEMENT OF VOTE

When Record No. 1578 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

Amendment No. 8

Representative Allison offered the following amendment to CSSB 11:

Amend CSSB 11 (house committee report), by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 38, Education Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. MENTAL HEALTH RESOURCES
Sec. 38.251.  RUBRIC TO IDENTIFY RESOURCES. (a) The agency shall develop a rubric for use by regional education service centers in identifying resources related to student mental health that are available to schools in their respective regions. The agency shall develop the rubric in conjunction with:
(1)  the Health and Human Services Commission;
(2)  the Department of Family and Protective Services;
(3)  the Texas Juvenile Justice Department;
(4)  the Texas Higher Education Coordinating Board;
(5)  the Texas Workforce Commission; and
(6)  any other state agency the agency considers appropriate.
(b)  The rubric developed by the agency must provide for the identification of resources relating to:
(1)  training and technical assistance on practices that support the mental health of students;
(2)  school-based programs that provide prevention or intervention services to students;
(3)  community-based programs that provide school-based or school-connected prevention or intervention services to students;
(4)  Communities In Schools programs described by Subchapter E, Chapter 33;
(5)  school-based mental health providers; and
(6)  public and private funding sources available to address the mental health of students.
(c)  Not later than December 1 of each odd-numbered year, the agency shall revise the rubric as necessary to reflect changes in resources that may be available to schools and provide the rubric to each regional education service center.
Sec. 38.252.  REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES. (a) Each regional education service center shall use the rubric developed under Section 38.251 to identify resources related to student mental health available to schools in the center's region, including evidence-based and promising programs and best practices, that:
(1)  create school environments that support the social, emotional, and academic development of students;
(2)  identify students who may need additional behavioral or mental health support before issues arise;
(3)  provide early, effective interventions to students in need of additional support;
(4)  connect students and their families to specialized services in the school or community when needed; and
(5)  assist schools in aligning resources necessary to address the mental health of students.
(b)  A regional education service center may consult with any entity the center considers necessary in identifying resources under Subsection (a), including:
(1)  school districts;
(2)  local mental health authorities;
(3)  community mental health services providers;
(4)  education groups;
(5)  hospitals; and
(6)  institutions of higher education.
(c)  Not later than March 1 of each even-numbered year, each regional education service center shall:
(1)  use the revised rubric received from the agency under Section 38.251 to identify, in the manner provided by this section, any additional resources that may be available to schools in the center's region; and
(2)  submit to the agency a report on resources identified through the process, including any additional resources identified under Subdivision (1).
Sec. 38.253.  STATEWIDE INVENTORY OF MENTAL HEALTH RESOURCES. (a) The agency shall develop a list of statewide resources available to school districts to address the mental health of students, including:
(1)  training and technical assistance on practices that support the mental health of students;
(2)  school-based programs that provide prevention or intervention services to students;
(3)  community-based programs that provide school-based or school-connected prevention or intervention services to students;
(4)  school-based mental health providers; and
(5)  public and private funding sources available to address the mental health of students.
(b)  In developing the list required under Subsection (a), the agency shall collaborate with:
(1)  the Health and Human Services Commission;
(2)  the Department of Family and Protective Services;
(3)  the Texas Juvenile Justice Department;
(4)  the Texas Higher Education Coordinating Board;
(5)  the Texas Workforce Commission;
(6)  one or more representatives of Communities In Schools programs described by Subchapter E, Chapter 33, who are designated by the Communities In Schools State Office;
(7)  hospitals or other health care providers;
(8)  community service providers;
(9)  parent, educator, and advocacy groups; and
(10)  any entity the agency determines can assist the agency in compiling the list.
(c)  The agency shall include on the list any resource available through an entity identified as a resource under Subsection (b), including an entity described by Subsection (b), that provides evidence-based and promising programs and best practices that:
(1)  create school environments that support the social, emotional, and academic development of students;
(2)  identify students who may need additional behavioral or mental health support before issues arise;
(3)  provide early, effective interventions to students in need of additional support; and
(4)  connect students and their families to specialized services in the school or community when needed.
(d)  The agency shall revise the list not later than March 1 of each even-numbered year.
Sec. 38.254.  STATEWIDE PLAN FOR STUDENT MENTAL HEALTH. (a) The agency shall develop a statewide plan to ensure all students have access to adequate mental health resources. The agency shall include in the plan:
(1)  a description of any revisions made to the rubric required by Section 38.251;
(2)  the results of the most recent regional inventory of mental health resources required by Section 38.252, including any additional resources identified;
(3)  the results of the most recent statewide inventory of mental health resources required by Section 38.253, including any additional resources identified;
(4)  the agency's goals for student mental health access to be applied across the state, including goals relating to:
(A)  methods to objectively measure positive school climate;
(B)  increasing the availability of early, effective school-based or school-connected mental health interventions and resources for students in need of additional support; and
(C)  increasing the availability of referrals for students and families to specialized services for students in need of additional support outside the school;
(5)  a list of actions the commissioner may take without legislative action to help all districts reach the agency's goals described by the plan; and
(6)  recommendations to the legislature on methods to ensure that all districts can meet the agency's goals described in the plan through legislative appropriations or other action by the legislature.
(b)  In developing the agency's goals under Subsection (a)(4), the agency shall consult with any person the agency believes is necessary to the development of the goals, including:
(1)  educators;
(2)  mental health practitioners;
(3)  advocacy groups; and
(4)  parents.
(c)  The agency shall revise the plan not later than April 1 of each even-numbered year.
(d)  As soon as practicable after completing or revising the plan, the agency shall:
(1)  submit an electronic copy of the plan to the legislature;
(2)  post the plan on the agency's Internet website; and
(3)  hold public meetings in each regional education service center's region to present the statewide plan and shall provide an opportunity for public comment at each meeting.
Sec. 38.255.  AGENCY USE OF STATEWIDE PLAN. (a) The agency shall use the statewide plan for student mental health required by Section 38.254 to develop and revise the agency's long-term strategic plan.
(b)  The agency shall use the recommendations to the legislature required by Section 38.254(a)(6) to develop each agency legislative appropriations request.
Sec. 38.256.  REPORTS TO LEGISLATURE. In addition to any other information required to be provided to the legislature under this chapter, not later than November 1 of each even-numbered year the agency shall provide to the legislature:
(1)  a description of any changes the agency has made to the rubric required by Section 38.251; and
(2)  an analysis of each region's progress toward meeting the agency's goals developed under Section 38.254.
SECTION ____.  (a) Not later than December 1, 2019, the Texas Education Agency shall develop and distribute to each regional education service center the rubric required by Section 38.251, Education Code, as added by this Act.
(b)  Not later than March 1, 2020:
(1)  each regional education service center shall complete the regional inventory of mental health resources required by Section 38.252, Education Code, as added by this Act, and report to the Texas Education Agency on the resources identified through the inventory; and
(2)  the Texas Education Agency shall complete the statewide inventory of mental health resources required by Section 38.253, Education Code, as added by this Act, and develop a list of resources available to school districts statewide to address the mental health of students.
(c)  Not later than April 1, 2020, the Texas Education Agency shall develop the statewide plan for student mental health required by Section 38.254, Education Code, as added by this Act, submit an electronic copy of the plan to the legislature, and post the plan on the agency's Internet website.

A record vote was requested by Representative Stickland.

Amendment No. 8 was adopted by (Record 1579): 120 Yeas, 21 Nays, 2 Present, not voting. (The vote was reconsidered later today, and Amendment No. 8 was amended and was adopted.)

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, Y.; Dominguez; Dutton; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Larson; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Dean; Frank; Hefner; King, P.; Krause; Landgraf; Lang; Middleton; Noble; Parker; Patterson; Sanford; Schaefer; Shaheen; Stickland; Swanson; Toth; Wilson; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Deshotel; Farrar; Leach; Longoria.

STATEMENT OF VOTE

When Record No. 1579 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

A record vote was requested by Representative Stickland.

CSSB 11, as amended, was passed to third reading by (Record 1580): 128 Yeas, 14 Nays, 3 Present, not voting. (The vote was reconsidered later today, and CSSB 11 was further amended and was passed to third reading by Record No. 1601.)

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, Y.; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Dean; Hefner; King, P.; Krause; Lang; Schaefer; Shaheen; Stickland; Swanson; White; Wilson; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Deshotel; Leach.

STATEMENTS OF VOTE

When Record No. 1580 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

When Record No. 1580 was taken, I was shown voting no. I intended to vote yes.

Krause

When Record No. 1580 was taken, I was shown voting no. I intended to vote yes.

Shaheen

REASON FOR VOTE

Security in our schools is a serious priority in order to protect the children of our state. There are many aspects of CSSB 11 that could directly affect a company in which I am a senior partner, therefore, I feel obligated to vote "present, not voting" on this bill.

Tinderholt

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).

MAJOR STATE CALENDAR
(consideration continued)

CSSB 20 ON SECOND READING
(S. Thompson, Krause, Collier, White, Y. Davis, et al. - House Sponsors)

CSSB 20, A bill to be entitled An Act relating to the reporting regarding, investigation of, prosecution of, criminal and civil penalties for, and other consequences of prostitution, trafficking of persons, and related criminal offenses, to services and compensation available to victims of those offenses, and to orders of nondisclosure for persons who committed certain of those offenses.

Amendment No. 1

Representative S. Thompson offered the following amendment to CSSB 20:

Amend CSSB 20 by adding a new appropriately numbered SECTION to read as follows:
SECTION ____. Section 85.006(a), Family Code, is amended to read as follows:
(a)  Notwithstanding Rule 107, Texas Rules of Civil Procedure, a [A] court may render a protective order that is binding on a respondent who does not attend a hearing if:
(1)  the respondent received service of the application and notice of the hearing; and
(2)  proof of service was filed with the court before the hearing.

A record vote was requested by Representative Stickland.

Amendment No. 1 was adopted by (Record 1581): 138 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; 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; 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; Leman; Longoria; Lopez; Lozano; 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; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Stickland.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Bernal; Biedermann; Leach; Middleton; Turner, C.

STATEMENT OF VOTE

When Record No. 1581 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

Amendment No. 2

Representative Murphy offered the following amendment to CSSB 20:

Amend CSSB 20 (house committee printing) as follows:
(1)  On page 1, strike lines 13 through 20.
(2)  On page 4, strike lines 7 through 12 and substitute the following appropriately numbered SECTION:
SECTION 1.____.  Section 402.035(h), Government Code, as amended by Chapter 762 (SB 2039), Acts of the 85th Legislature, Regular Session, 2017, and repealed by Chapter 685 (HB 29), Acts of the 85th Legislature, Regular Session, 2017, is repealed.
(3)  Renumber SECTIONS of ARTICLE 1 of the bill accordingly.

A record vote was requested by Representative Stickland.

Amendment No. 2 was adopted by (Record 1582): 141 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — White.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Anchia; Bernal; Leach.

Amendment No. 3

Representative J. González offered the following amendment to CSSB 20:

Amend CSSB 20 (house committee report) as follows:
(1)  On page 5, line 1, following the underlined period, add the following:
This subsection does not apply to a defendant who has previously been convicted of any other Class B misdemeanor under Section 43.02(c), Penal Code.
(2)  On page 5, lines 3 and 4, strike "state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35(a)" and substitute "Class A misdemeanor under Section 43.02(c)".
(3)  On page 5, lines 7-9, strike "state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35" and substitute "Class A misdemeanor under Section 43.02(c)".
(4)  On page 13, strike lines 6 and 7 and substitute the following:
SECTION 2.05.  Section 43.02, Penal Code, is amended by adding Subsection (b-1) and amending Subsections (c) and (c-1) to read as follows:
(b-1)  A person may not be prosecuted for an offense under Subsection (a) that the person committed when younger than 18 years of age.
(c)  An offense under Subsection (a) is a Class B misdemeanor, except that the offense is[:
[(1)     a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or
[(2)]  a Class A misdemeanor [state jail felony] if the actor has previously been convicted three or more times of an offense under Subsection (a).
(5)  Add the following appropriately numbered ARTICLE to the bill and renumber subsequent ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ____. COURT COST ON CONVICTION OF CERTAIN OFFENSES
SECTION ____.01.  Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.023 to read as follows:
Art. 102.023.  COURT COSTS: COMMERCIAL SEXUAL EXPLOITATION VICTIM FUND. (a) The commercial sexual exploitation victim fund is a dedicated account in the general revenue fund.
(b)  A person convicted of an offense under Section 20A.02, 20A.03, or 43.02(b), Penal Code, shall pay as a cost of court $500 on conviction of the offense.
(c)  For purposes of this article, a person is considered to have been convicted if:
(1)  a sentence is imposed on the person; or
(2)  the person receives community supervision, including deferred adjudication community supervision.
(d)  Court costs under this article are collected in the same manner as other fines or costs.  An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury.
(e)  The custodian of a county treasury shall:
(1)  keep records of the amount of funds on deposit collected under this article; and
(2)  send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter.
(f)  If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected.
(g)  The comptroller shall deposit the funds received under this article to the credit of a dedicated account in the general revenue fund to be known as the commercial sexual exploitation victim fund. The legislature may appropriate money from the account only to the criminal justice division of the governor's office to enable that division to provide funds for services and programs directed toward victims of conduct that constitutes an offense under Section 20A.02 or 43.05, Penal Code, including:
(1)  diversion programs for victims who have been charged with an offense;
(2)  housing;
(3)  vocational services;
(4)  counseling;
(5)  substance abuse recovery services;
(6)  mental health services; and
(7)  prostitution prevention programs.
(h)  Funds collected under this article are subject to audit by the comptroller.
SECTION ____.02.  Subchapter B, Chapter 102, Government Code, is amended by adding Section 102.02111 to read as follows:
Sec. 102.02111.  ADDITIONAL COURT COSTS ON CONVICTION: CODE OF CRIMINAL PROCEDURE. A person convicted of an offense under Section 20A.02, 20A.03, or 43.02(b), Penal Code, shall pay, in addition to all other costs, a court cost on conviction to benefit victims of commercial sexual exploitation in this state (Art. 102.023, Code of Criminal Procedure). . . $500.
SECTION ____.03.  The change in law made by this article applies only to a cost on conviction for an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For the purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

A record vote was requested by Representative Stickland.

Amendment No. 3 was adopted by (Record 1583): 96 Yeas, 46 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Bailes; Beckley; Bell, K.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Lambert; Larson; Longoria; Lopez; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Muñoz; Neave; Nevárez; Ortega; Pacheco; Paddie; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Talarico; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zerwas; Zwiener.

Nays — Anderson; Ashby; Bell, C.; Biedermann; Bonnen; Burns; Cain; Craddick; Cyrier; Frank; Harris; Hefner; Holland; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Leman; Lozano; Metcalf; Middleton; Morrison; Murr; Noble; Oliverson; Parker; Patterson; Paul; Price; Sanford; Schaefer; Shaheen; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Tinderholt; Toth; VanDeaver; Wilson; Wray; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Huberty; Leach; Murphy.

STATEMENTS OF VOTE

When Record No. 1583 was taken, I was shown voting yes. I intended to vote no.

K. Bell

When Record No. 1583 was taken, I was shown voting yes. I intended to vote no.

Bohac

When Record No. 1583 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1583 was taken, I was shown voting yes. I intended to vote no.

Miller

When Record No. 1583 was taken, I was shown voting yes. I intended to vote no.

E. Thompson

Amendment No. 4

Representative Murphy offered the following amendment to CSSB 20:

Amend CSSB 20 (house committee report) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent SECTIONS and ARTICLES of the bill accordingly:
ARTICLE ____. REGULATION OF SEXUALLY ORIENTED BUSINESS
SECTION ____.01.  Chapter 106, Alcoholic Beverage Code, is amended by adding Section 106.17 to read as follows:
Sec. 106.17.  PRESENCE OF MINOR ON PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a)  An individual younger than 18 years of age may not be on premises covered by a permit or license issued under this code if a sexually oriented business, as defined by Section 243.002, Local Government Code, operates on the premises.
(b)  The holder of a permit or license covering a premises described by Subsection (a) may not knowingly or recklessly allow a minor to be on the premises.
(c)  Notwithstanding any other provision of this code, if it is found, after notice and hearing, that a permittee or licensee has violated Subsection (b) the commission or administrator shall:
(1)  suspend the permit or license for 30 days for the first violation;
(2)  suspend the permit or license for 60 days for the second violation; and
(3)  cancel the permit or license for the third violation.
SECTION ____.02.  Subchapter A, Chapter 102, Business & Commerce Code, is amended by adding Section 102.0031 to read as follows:
Sec. 102.0031.  PROHIBITION ON CERTAIN ACTIVITIES BY BUSINESS IN RELATION TO A CHILD. A sexually oriented business may not allow an individual younger than 18 years of age to enter the premises of the business.
SECTION ____.03.  Section 102.004(a), Business & Commerce Code, is amended to read as follows:
(a)  The attorney general or appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a person who violates or threatens to violate Section 102.002, [or] 102.003, or 102.0031.
SECTION ____.04.  Section 102.005(b), Business & Commerce Code, is amended to read as follows:
(b)  A sexually oriented business commits an offense if the business violates Section 102.003 or 102.0031.
SECTION ____.05.  Section 125.0015(a), Civil Practice and Remedies Code, is amended to read as follows:
(a)  A person who maintains a place to which persons habitually go for the following purposes and who knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the activity maintains a common nuisance:
(1)  discharge of a firearm in a public place as prohibited by the Penal Code;
(2)  reckless discharge of a firearm as prohibited by the Penal Code;
(3)  engaging in organized criminal activity as a member of a combination as prohibited by the Penal Code;
(4)  delivery, possession, manufacture, or use of a substance or other item in violation of Chapter 481, Health and Safety Code;
(5)  gambling, gambling promotion, or communicating gambling information as prohibited by the Penal Code;
(6)  prostitution, promotion of prostitution, or aggravated promotion of prostitution as prohibited by the Penal Code;
(7)  compelling prostitution as prohibited by the Penal Code;
(8)  commercial manufacture, commercial distribution, or commercial exhibition of obscene material as prohibited by the Penal Code;
(9)  aggravated assault as described by Section 22.02, Penal Code;
(10)  sexual assault as described by Section 22.011, Penal Code;
(11)  aggravated sexual assault as described by Section 22.021, Penal Code;
(12)  robbery as described by Section 29.02, Penal Code;
(13)  aggravated robbery as described by Section 29.03, Penal Code;
(14)  unlawfully carrying a weapon as described by Section 46.02, Penal Code;
(15)  murder as described by Section 19.02, Penal Code;
(16)  capital murder as described by Section 19.03, Penal Code;
(17)  continuous sexual abuse of young child or children as described by Section 21.02, Penal Code;
(18)  massage therapy or other massage services in violation of Chapter 455, Occupations Code;
(19)  employing or entering into a contract for the performance of work or the provision of a service with an individual younger than 21 years of age for work or services performed [a minor] at a sexually oriented business as defined by Section 243.002, Local Government Code;
(20)  trafficking of persons as described by Section 20A.02, Penal Code;
(21)  sexual conduct or performance by a child as described by Section 43.25, Penal Code;
(22)  employment harmful to a child as described by Section 43.251, Penal Code;
(23)  criminal trespass as described by Section 30.05, Penal Code;
(24)  disorderly conduct as described by Section 42.01, Penal Code;
(25)  arson as described by Section 28.02, Penal Code;
(26)  criminal mischief as described by Section 28.03, Penal Code, that causes a pecuniary loss of $500 or more; [or]
(27)  a graffiti offense in violation of Section 28.08, Penal Code; or
(28)  permitting an individual younger than 18 years of age to enter the premises of a sexually oriented business as defined by Section 243.002, Local Government Code.
SECTION ____.06.  Sections 51.016(b), (h), and (i), Labor Code, are amended to read as follows:
(b)  A sexually oriented business may not employ or enter into a contract, other than a contract described by Subsection (g), for the performance of work or the provision of a service with an individual younger than 21 [18] years of age.
(h)  The commission, the attorney general, or a local law enforcement agency may inspect a record maintained under this section if there is good reason to believe that an individual younger than 21 [18] years of age is employed or has been employed by, or has entered into a contract, other than a contract described by Subsection (g), for the performance of work or the provision of a service with, the sexually oriented business within the two years preceding the date of the inspection.
(i)  A person commits an offense if the person:
(1)  fails to maintain a record as required by this section; [or]
(2)  knowingly or intentionally hinders an inspection authorized under Subsection (h); or
(3)  violates Subsection (b).
SECTION ____.07.  Section 51.031(b), Labor Code, is amended to read as follows:
(b)  An offense under Section 51.014(d), [or Section] 51.0145, or 51.016(i)(3) is a Class A misdemeanor.
SECTION ____.08.  Section 43.251(a)(1), Penal Code, is amended to read as follows:
(1)  "Child" means a person younger than 21 [18] years of age.
SECTION ____.09.  The changes in law made by this article apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

A record vote was requested by Representative Stickland.

Amendment No. 4 was adopted by (Record 1584): 141 Yeas, 0 Nays, 2 Present, not voting. (The vote was reconsidered later today, and Amendment No. 4 was withdrawn.)

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, 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; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Schaefer; Shaheen; Sheffield; Sherman; 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 — Davis, S.; Johnson, E.; Lucio.

Absent — Krause; Leach; Sanford; Shine.

STATEMENT OF VOTE

When Record No. 1584 was taken, my vote failed to register. I would have voted yes.

Krause

Amendment No. 5

Representative Blanco offered the following amendment to CSSB 20:

Amend CSSB 20 (house committee report) as follows:
Add the following appropriately numbered SECTION and renumber subsequent SECTIONS appropriately:
SECTION (____). Amend Article 12.03(d), Code of Criminal Procedure, to read as follows:
(d) Any [Except as otherwise provided by this chapter, any] offense that bears the title "aggravated" shall carry a [the same] limitation period of five years [as the primary crime] unless a limitation period has otherwise been specifically provided for that aggravated offense under another provision of this chapter.

A record vote was requested by Representative Stickland.

Amendment No. 5 was adopted by (Record 1585): 97 Yeas, 47 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Blanco; Bonnen; Bowers; Buckley; Bucy; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Muñoz; Murphy; Neave; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Springer; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wray; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Biedermann; Bohac; Burns; Burrows; Cain; Capriglione; Craddick; Cyrier; Dean; Flynn; Frank; Harris; Hefner; Holland; King, P.; Klick; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Miller; Morrison; Murr; Noble; Parker; Patterson; Paul; Phelan; Price; Sanford; Schaefer; Shaheen; Smithee; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Leach.

STATEMENTS OF VOTE

When Record No. 1585 was taken, I was shown voting yes. I intended to vote no.

Oliverson

When Record No. 1585 was taken, I was shown voting yes. I intended to vote no.

Paddie

When Record No. 1585 was taken, I was shown voting yes. I intended to vote no.

Springer

A record vote was requested by Representative Stickland.

CSSB 20, as amended, was passed to third reading by (Record 1586): 135 Yeas, 8 Nays, 2 Present, not voting. (The vote was reconsidered later today, and CSSB 20, as amended, was passed to third reading.)

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, 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; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; 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; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Hefner; Lang; Patterson; Price; Schaefer; Stickland.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Leach; Nevárez.

CONSTITUTIONAL AMENDMENTS CALENDAR
SENATE JOINT RESOLUTIONS
SECOND READING

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

CSSJR 79 ON SECOND READING
(M. González, Guillen, Sheffield, Murr, Walle, et al. - House Sponsors)

CSSJR 79, A joint resolution proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board to provide financial assistance for the development of certain projects in economically distressed areas.

CSSJR 79 was adopted by (Record 1587): 114 Yeas, 27 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; Cole; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Howard; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Lambert; Landgraf; Lang; Larson; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murr; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Parker; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Capriglione; Clardy; Cyrier; Flynn; Hefner; Holland; Huberty; King, P.; Klick; Krause; Middleton; Murphy; Oliverson; Patterson; Paul; Sanford; Schaefer; Shaheen; Stickland; Swanson; Thompson, E.; Tinderholt; Wilson; Wray; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Coleman; Leach; Longoria; Smith.

STATEMENTS OF VOTE

When Record No. 1587 was taken, I was shown voting yes. I intended to vote no.

K. Bell

When Record No. 1587 was taken, I was shown voting yes. I intended to vote no.

Landgraf

When Record No. 1587 was taken, I was shown voting yes. I intended to vote no.

Noble

When Record No. 1587 was taken, I was shown voting yes. I intended to vote no.

Parker

When Record No. 1587 was taken, I was shown voting yes. I intended to vote no.

Stucky

GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING

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

SB 1991 ON SECOND READING
(Klick - House Sponsor)

SB 1991, A bill to be entitled An Act relating to claims and overpayment recoupment processes imposed on health care providers under Medicaid.

Amendment No. 1

Representative Klick offered the following amendment to SB 1991:

Amend SB 1991 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.02491 to read as follows:
Sec. 32.02491.  REIMBURSEMENT OF CERTAIN PROVIDERS OF WOUND CARE EDUCATION AND TRAINING SERVICES. (a) The commission shall provide medical assistance reimbursement to an authorized wound care education and training services provider who provides to a recipient necessary wound care education and training.
(b)  The commission shall approve a person as an authorized wound care education and training services provider if the person:
(1)  is enrolled as a provider under the medical assistance program; and
(2)  meets quality standards for wound care education and training approved by the commission.
(c)  An authorized wound care education and training services provider shall determine a recipient's need for wound care education and training services. The provider must certify that the education and training is necessary for the recipient to provide self-care in order to assist in wound care management and to improve the recipient's health care outcomes.
(d)  The executive commissioner, after consulting with organizations that assist individuals with wound care, including recipients of medical assistance, shall:
(1)  adopt reimbursement rates for an authorized wound care education and training services provider for the provision of wound care education and training services; and
(2)  establish outcome measures for evaluating the health care outcomes of recipients who receive wound care education and training services from an authorized wound care education and training services provider.
(b)  If before implementing Section 32.02491, Human Resources Code, as added by this section, 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.

A record vote was requested by Representative Stickland.

Amendment No. 1 was adopted by (Record 1588): 141 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier; Darby; Davis, 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; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; 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 — Davis, S.; Johnson, E.; Lucio.

Absent — Allison; Coleman; Leach; Nevárez.

Amendment No. 2

Representative Klick offered the following amendment to SB 1991:

Amend SB 1991 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. (a)  As soon as practicable after the effective date of this Act, the commission shall conduct a study to evaluate the impacts and effectiveness of using the Medicare education adjustment factor assigned under 42 C.F.R. Section 412.105 in effect on the effective date of this Act to calculate the medical education add-on used to reimburse teaching hospitals for the provision of inpatient hospital care under Medicaid. The commission shall develop and make recommendations on alternative factors and methodologies for calculating and annually updating the medical education add-on that:
(1)  best recognize the higher costs incurred by teaching hospitals; and
(2)  mitigate issues identified with using the Medicare education adjustment factor without reducing reimbursements to urban teaching hospitals that have maintained or increased the number of interns and residents enrolled in the hospitals' approved teaching programs.
(b)  Not later than December 1, 2020, the commission shall report its findings and recommendations under Subsection (b) of this section to the governor, the standing committees of the senate and house of representatives having primary jurisdiction over matters relating to state finance and appropriations from the state treasury, the standing committees of the senate and house of representatives having primary jurisdiction over Medicaid, and the Legislative Budget Board.

A record vote was requested by Representative Stickland.

Amendment No. 2 was adopted by (Record 1589): 141 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; 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, 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; 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; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; 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 — Davis, S.; Johnson, E.; Lucio.

Absent — Allison; Leach; Longoria; Nevárez.

A record vote was requested by Representative Stickland.

SB 1991, as amended, was passed to third reading by (Record 1590): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; 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, 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; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; 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 — Davis, S.; Johnson, E.; Lucio.

Absent — Allison; Leach; Nevárez.

CSSB 2138 ON SECOND READING
(S. Davis - House Sponsor)

CSSB 2138, A bill to be entitled An Act relating to the authority of the Health and Human Services Commission to retain certain money received by the commission to administer certain Medicaid programs.

Amendment No. 1

Representative Zerwas offered the following amendment to CSSB 2138:

Amend CSSB 2138 (house committee printing) as follows:
(1)  On page 1, line 23, strike "biennium" and substitute "year".
(2)  On page 2, lines 7 and 8, strike "may, with the approval of the governor and the Legislative Budget Board, retain not more than an additional" and substitute "may retain an additional amount with the approval of the governor and the Legislative Budget Board, but not to exceed a total retained amount equal to".

A record vote was requested by Representative Stickland.

Amendment No. 1 was adopted by (Record 1591): 134 Yeas, 7 Nays, 2 Present, not voting.

Yeas — Allen; Anchia; Anderson; Ashby; 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, 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; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leman; Longoria; Lopez; Lozano; 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; 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; Cain; Lang; Middleton; Schaefer; Stickland; Wilson.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Allison; Bailes; Leach; Phelan.

Amendment No. 2

Representative S. Thompson offered the following amendment to CSSB 2138:

Amend CSSB 2138 by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Section 32.024(w), Human Resources Code, is amended to read as follows:
(w)  The executive commissioner shall set a personal needs allowance of not less than $75 [$60] a month for a resident of a convalescent or nursing facility or related institution licensed under Chapter 242, Health and Safety Code, assisted living facility, ICF-IID facility, or other similar long-term care facility who receives medical assistance. The commission may send the personal needs allowance directly to a resident who receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.). This subsection does not apply to a resident who is participating in a medical assistance waiver program administered by the commission.
SECTION ____.  The change in law made by this Act to Section 32.024(w), Human Resources Code, applies only to a personal needs allowance paid on or after the effective date of this Act.
SECTION ____.  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.

A record vote was requested by Representative Stickland.

Amendment No. 2 was adopted by (Record 1592): 125 Yeas, 18 Nays, 2 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Larson; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; 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; Stephenson; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Harris; Hefner; Holland; King, P.; Krause; Landgraf; Lang; Leman; Middleton; Murr; Patterson; Schaefer; Springer; Stickland; Stucky; Wilson.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Allison; Leach.

STATEMENTS OF VOTE

When Record No. 1592 was taken, I was shown voting yes. I intended to vote no.

Metcalf

When Record No. 1592 was taken, I was shown voting yes. I intended to vote no.

Tinderholt

(Speaker in the chair)

Amendment No. 3

Representative Sheffield offered the following amendment to CSSB 2138:

Amend CSSB 2138 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  The statewide behavioral health coordinating council, in coordination with the Legislative Budget Board, annually shall:
(1)  monitor the effects of prior authorization and preferred drug policies for antipsychotic drugs with regard to medication access and continuity of care; and
(2)  make recommendations to the legislature and the Drug Utilization Review Board, including recommendations to improve policies that create adverse impacts on health outcomes or patient access.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Raymond offered the following amendment to CSSB 2138:

Amend CSSB 2138 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter A, Chapter 533, Government Code, is amended by adding Section 533.0031 to read as follows:
Sec. 533.0031.  MEDICAID MANAGED CARE PLAN ACCREDITATION. (a) A managed care plan offered by a Medicaid managed care organization must be accredited by a nationally recognized accreditation organization. The commission may choose whether to require all managed care plans offered by Medicaid managed care organizations to be accredited by the same organization or to allow for accreditation by different organizations.
(b)  The commission may use the data, scoring, and other information provided to or received from an accreditation organization in the commission's contract oversight processes.
SECTION ____.  The Health and Human Services Commission shall require that a managed care plan offered by a Medicaid managed care organization with which the commission enters into or renews a contract under Chapter 533, Government Code, on or after the effective date of this Act complies with Section 533.0031, Government Code, as added by this Act, not later than September 1, 2022.

Amendment No. 4 was adopted.

Amendment No. 5

Representative Raymond offered the following amendment to CSSB 2138:

Amend CSSB 2138 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.01211 to read as follows:
Sec. 531.01211.  WORK GROUP ON QUALITY MEASURES UNDER VALUE-BASED PROGRAM FOR LONG-TERM SERVICES AND SUPPORTS. (a) The commission shall establish within an advisory committee established under Section 531.012 that studies value-based payment and quality improvement initiatives a work group to engage stakeholders representing clients, providers, and other relevant industries providing community long-term services and supports to develop quality measures that can be used under a value-based program for long-term services and supports including:
(1)  developing the underlying methodology for measuring quality under a value-based program;
(2)  identifying the data sources used under the methodology; and
(3)  establishing a process for the reporting, collecting, and validating of the data used in the methodology.
(b)  Based on the findings of the work group, the committee described by Subsection (a) shall make recommendations to the commission on implementation of quality measures under a value-based program for long-term services and supports.
(c)  Not later than September 1, 2020, the commission shall submit a report on the recommended quality measures to the governor, lieutenant governor, speaker of the house, and the standing committees of the senate and house of representatives having primary jurisdiction over Medicaid. The report shall include any relevant implementation timelines and plans for making any data that is collected under this section accessible to the public, including any quality metrics that are implemented.
(e)  This section expires September 1, 2020.

Amendment No. 5 was adopted.

CSSB 2138, as amended, was passed to third reading.

SB 1519 ON SECOND READING
(Clardy - House Sponsor)

SB 1519, A bill to be entitled An Act relating to establishing a council on long-term care facilities and the duties of that council.

Amendment No. 1

Representative Clardy offered the following amendment to SB 1519:

Amend SB 1519 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 531.058(a-1), Government Code, as amended by Chapters 590 (SB 924) and 836 (HB 2025), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:
(a-1)  As part of the informal dispute resolution process established under this section, the commission shall contract with an appropriate disinterested person to adjudicate disputes between an institution or facility licensed under Chapter 242, Health and Safety Code, or a facility licensed under Chapter 247, Health and Safety Code, and the commission concerning a statement of violations prepared by the commission in connection with a survey conducted by the commission of the institution or facility. Section 2009.053 does not apply to the selection of an appropriate disinterested person under this subsection. The person with whom the commission contracts shall adjudicate all disputes described by this subsection. The informal dispute resolution process for the statement of violations must require:
(1)  the surveyor who conducted the survey for which the statement was prepared to be available to clarify or answer questions related to the facility or the statement that are asked by the person reviewing the dispute or by the facility; and
(2)  the commission's review of the institution's or facility's informal dispute resolution request to be conducted by a registered nurse with long-term care experience for a standard of care violation.
SECTION ____.  Section 242.0445, Health and Safety Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)  If the commission or the commission's representative conducting an inspection, survey, or investigation under Section 242.043 or 242.044 identifies a violation that constitutes immediate jeopardy to the health or safety of a resident:
(1)  the commission shall immediately notify the facility's management of the violation; and
(2)  a commission representative shall remain in or be accessible to the facility until the commission receives the facility's plan of removal related to the violation.
SECTION ____.  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.

Amendment No. 1 was adopted.

SB 1519, as amended, was passed to third reading.

SB 2553 ON SECOND READING
(Howard - House Sponsor)

SB 2553, A bill to be entitled An Act relating to the creation of the Save Historic Muny District; providing authority to issue bonds; providing authority to impose fees.

Amendment No. 1

Representative Howard offered the following amendment to SB 2553:

Amend SB 2553 (house committee printing) as follows:
(1)  On page 1, line 21, between "as a" and "golf", insert "public".
(2)  On page 1, line 24, strike "(1)" and substitute "(b)".
(3)  On page 2, line 3, between "18-hole" and "golf course", insert "public".
(4)  On page 2, line 5, strike "(2)" and substitute "(c)".
(5)  On page 2, line 6, strike "(A)" and substitute "(1)".
(6)  On page 2, line 8, strike "(B)" and substitute "(2)".
(7)  On page 2, line 9, strike "(b)" and substitute "(d)".
(8)  On page 2, line 13, strike "(c)" and substitute "(e)".
(9)  On page 2, line 18, strike "(d)" and substitute "(f)".
(10)  On page 4, line 24, between "shall" and "appoint", insert "solicit applications for initial board member positions from residents of the district and".
(11)  On page 4, line 27, through page 5, line 1, strike "The appointing committee shall designate the term of each initial director." and substitute "The initial directors shall draw lots to determine which directors serve four-year terms and which serve two-year terms.".
(12)  On page 5, line 21, after the underlined period, insert the following:
The district may not enter into a contract described by this subsection unless the district enters into an agreement before May 31, 2021, with the owner of the land used for the historic Lions Municipal Golf Course that provides for the purchase of the land or a method of preserving the land as a public golf course, publicly available parkland, or a combination of those uses.
(13)  On page 7, strike lines 11 through 13.
(14)  On page 7, between lines 18 and 19, insert the following:
Sec. 3988.0308.  CERTAIN RESIDENTIAL PROPERTY. Section 375.161, Local Government Code, does not apply to the district.
(15)  On page 7, line 19, strike "3988.0308" and substitute "3988.0309".
(16)  On page 7, line 21, strike "3988.0309" and substitute "3988.0310".
(17)  Strike page 7, line 24, through page 8, line 7, and substitute the following:
Sec. 3988.0901.  DISSOLUTION. Except as limited by Section 375.264, Local Government Code, the board shall dissolve the district not later than May 31, 2021, unless, as of that date, the district has entered into an agreement with the owner of the land used for the historic Lions Municipal Golf Course that provides for the purchase of the land or a method of preserving the land as a public golf course, publicly available parkland, or a combination of those uses.

Amendment No. 1 was adopted.

SB 2553, as amended, was passed to third reading.

SB 1755 ON SECOND READING
(Oliverson - House Sponsor)

SB 1755, A bill to be entitled An Act relating to the status of certain medical residents and fellows as governmental employees for purposes of the Texas Tort Claims Act.

SB 1755 was passed to third reading.

CSSB 2272 ON SECOND READING
(Metcalf - House Sponsor)

CSSB 2272, A bill to be entitled An Act relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain water utilities.

CSSB 2272 was passed to third reading.

SB 2409 ON SECOND READING
(Moody and Martinez Fischer - House Sponsors)

SB 2409, A bill to be entitled An Act relating to the Internet domain name used by a website that sells tickets to events.

SB 2409 was passed to third reading. (Flynn recorded voting no.)

SB 1219 ON SECOND READING
(S. Thompson - House Sponsor)

SB 1219, A bill to be entitled An Act relating to human trafficking signs at certain transportation hubs.

SB 1219 was passed to third reading.

SB 502 ON SECOND READING
(Howard - House Sponsor)

SB 502, A bill to be entitled An Act relating to requiring certain institutions of higher education to issue reports on the transferability of credit.

Amendment No. 1

Representative Howard offered the following amendment to SB 502:

Amend SB 502 (house committee report) as follows:
(1)  On page 1, line 6, strike "and 51.4033" and substitute ", 51.4033, and 51.4034".
(2)  On page 1, line 11, strike "medical and dental unit" and substitute "public junior college".
(3)  On page 1, strike lines 13 through 19 and substitute the following:
Sec. 51.4033.  REPORT OF NONTRANSFERABLE CREDIT. (a) Not later than March 1 of each year and in the form prescribed by the coordinating board, each general academic teaching institution shall provide to the coordinating board and the legislature a report describing any courses in the Lower-Division Academic Course Guide Manual or its successor adopted by the coordinating board for which a student who transfers to the institution from another institution of higher education is not granted:
(1)  academic credit at the receiving institution; or
(2)  if the student has declared a major and has not changed majors, academic credit toward the student's major at the receiving institution.
(4)  On page 2, line 1, between "course" and the underlined period, insert "as described by Subsection (a)".
(5)  On page 2, strike lines 2 through 5 and substitute the following:
Sec. 51.4034.  REPORT OF COURSES TAKEN AT JUNIOR COLLEGES. (a) Not later than March 1 of each year and in the form prescribed by the coordinating board, each public junior college shall provide to the coordinating board and the legislature a report on courses taken by students who, during the preceding academic year, transferred to a general academic teaching institution or earned an associate degree at the college.
(b)  A report required by this section must include the total number of:
(1)  courses attempted and completed at the college, including the total number of semester credit hours for those courses, disaggregated by whether the course is in:
(A)  the Workforce Education Course Manual or its successor adopted by the coordinating board; or
(B)  the Lower-Division Academic Course Guide Manual or its successor adopted by the coordinating board;
(2)  courses attempted and completed at the college that are not in the recommended core curriculum developed by the coordinating board under Section 61.822; and
(3)  dual credit courses, including courses for joint high school and junior college credit under Section 130.008, attempted and completed at the college.
SECTION 2.  Each public institution of higher education required to submit a report under Section 51.4033 or 51.4034, Education Code, as added by this Act, shall submit the first report not later than March 1, 2021.

Amendment No. 1 was adopted.

SB 502, as amended, was passed to third reading.

SB 1231 ON SECOND READING
(Meyer, Leach, et al. - House Sponsors)

SB 1231, A bill to be entitled An Act relating to providing certain public and private school administrators with information regarding certain child abuse and neglect investigations and allegations.

SB 1231 was passed to third reading.

SB 799 ON SECOND READING
(Murphy - House Sponsor)

SB 799, A bill to be entitled An Act relating to the creation of a business advisory council to provide advice on economic recovery following a disaster.

Amendment No. 1

Representative Murr offered the following amendment to SB 799:

Amend SB 799 (house committee report) as follows:
(1)  On page 1, line 6, strike "Section 418.054" and substitute "Sections 418.054 and 418.055".
(2)  On page 2, between lines 24 and 25, insert the following:
Sec. 418.055.  WET DEBRIS WORK GROUP. (a) In this section:
(1)  "Wet debris" means natural or man-made debris located in bodies of water, including lakes, rivers, streams, bays, bayous, wetlands, and tidal areas, that results from a disaster.
(2)  "Work group" means the wet debris work group established under this section.
(b)  The wet debris work group is established and consists of at least 13 but not more than 21 representatives of local, state, and federal governmental entities and private entities who are appointed by the governor from a list submitted by the lieutenant governor and speaker of the house of representatives. The governor shall, to the extent possible, appoint to the work group representatives of:
(1)  the division;
(2)  the Texas Commission on Environmental Quality;
(3)  the Texas Department of Transportation;
(4)  the General Land Office;
(5)  the Texas Historical Commission;
(6)  the Federal Emergency Management Agency;
(7)  the National Oceanic and Atmospheric Administration;
(8)  the United States Army Corps of Engineers;
(9)  the United States Fish and Wildlife Service; and
(10)  local governments.
(c)  A representative of the division appointed to the work group shall serve as presiding officer of the work group.
(d)  The work group shall conduct a study to:
(1)  identify:
(A)  wet debris removal categories for bodies of water in the state and the applicable laws for each category;
(B)  current jurisdictions of local, state, federal, and private entities responsible for wet debris removal, including any concurrent, joint, or overlapping roles and responsibilities of those entities;
(C)  funding sources applicable to each wet debris removal category; and
(D)  issues that impede wet debris removal; and
(2)  provide recommendations for:
(A)  minimizing impediments to wet debris removal;
(B)  clarifying local, state, federal, and private entities' roles and responsibilities for wet debris removal; and
(C)  educating interested persons on the results of the study described by this subsection.
(e)  Not later than November 1, 2020, the work group shall submit a report containing the results of the study described by Subsection (d) to each member of the legislature.
(f)  The work group is abolished and this section expires January 1, 2021.
(3)  Add the following appropriately numbered SECTION and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Not later than November 1, 2019, the governor shall appoint members to the wet debris work group as required by Section 418.055, Government Code, as added by this Act.

Amendment No. 1 was adopted.

SB 799, as amended, was passed to third reading.

CSSB 2452 ON SECOND READING
(M. González - House Sponsor)

CSSB 2452, A bill to be entitled An Act relating to the provision by the Texas Water Development Board of financial assistance for the development of certain projects in economically distressed areas.

CSSB 2452 was passed to third reading. (Flynn recorded voting no.)

CSSB 355 ON SECOND READING
(Klick - House Sponsor)

CSSB 355, A bill to be entitled An Act relating to developing a strategic plan regarding implementation of prevention and early intervention services and community-based care.

Amendment No. 1

Representative Sherman offered the following amendment to CSSB 355:

Amend CSSB 355 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering SECTIONS of the bill accordingly:
SECTION ____.  (a) The Department of Family and Protective Services shall conduct a study to evaluate whether the department provides foster parents with adequate resources to ensure that foster parents are able to comply with all of the regulations relating to providing care for a child in the conservatorship of the department.
(b)  Not later than September 1, 2020, the department shall prepare and submit to the legislature a written report containing the results of the study and any recommendations for legislative or other action.
(c)  This section expires September 1, 2021.

Amendment No. 1 was adopted.

CSSB 355, as amended, was passed to third reading.

CSSB 1412 ON SECOND READING
(Burrows - House Sponsor)

CSSB 1412, A bill to be entitled An Act relating to accountability intervention provisions applicable to school district campuses, including the creation of accelerated campus excellence turnaround plans and the conditions under which a closed campus may be repurposed to serve students at that campus location.

Representative Burrows moved to postpone consideration of CSSB 1412 until 5 p.m. today.

The motion prevailed.

(Goldman in the chair)

SB 2283 ON SECOND READING
(Dutton - House Sponsor)

SB 2283, A bill to be entitled An Act relating to the eligibility of persons convicted of certain offenses to serve as a member of a board of trustees of a school district.

Amendment No. 1

Representative Dutton offered the following amendment to SB 2283:

Amend SB 2283 (house committee report) as follows:
(1)  On page 1, line 8, strike "WHO IS".
(2)  On page 1, lines 9 and 10, strike "OR WHO PLEADS GUILTY OR NOLO CONTENDERE TO THOSE OFFENSES".
(3)  On page 1, lines 12 and 13, strike "or pleaded guilty or nolo contendere to".

Amendment No. 1 was adopted.

SB 2283, as amended, was passed to third reading.

SB 237 ON SECOND READING
(Goldman - House Sponsor)

SB 237, A bill to be entitled An Act relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation.

SB 237 was passed to third reading.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List Nos. 26 and 27).

GENERAL STATE CALENDAR
(consideration continued)

SB 1311 ON SECOND READING
(Raney - House Sponsor)

SB 1311, A bill to be entitled An Act relating to the electronic transmission of an invoice or notice of toll nonpayment by a toll project entity.

SB 1311 was passed to third reading.

SB 1636 ON SECOND READING
(Price - House Sponsor)

SB 1636, A bill to be entitled An Act relating to an annual report prepared by the Health Professions Council.

SB 1636 was passed to third reading.

CSSB 820 ON SECOND READING
(Meyer - House Sponsor)

CSSB 820, A bill to be entitled An Act relating to a requirement that a school district adopt a cybersecurity policy.

Amendment No. 1

Representative Talarico offered the following amendment to CSSB 820:

Amend CSSB 820 (house committee report) as follows:
(1)  On page 1, between lines 7 and 8, add the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
(____) "Breach of system security" means an incident in which student information that is sensitive, protected, or confidential, as provided by state or federal law, is stolen or copied, transmitted, viewed, or used by a person unauthorized to engage in that action.
(2)  On page 2, lines 6 and 7, strike "as defined by Section 521.053, Business & Commerce Code,".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Talarico offered the following amendment to CSSB 820:

Amend CSSB 820 (house committee report) on page 2, between lines 8 and 9, by adding the following appropriately lettered subsection and relettering subsequent subsections accordingly:
(____) The district's cybersecurity coordinator shall provide notice to a parent of or person standing in parental relation to a student enrolled in the district of an attack or incident for which a report is required under Subsection (e) involving the student's information.

Amendment No. 2 was adopted.

CSSB 820, as amended, was passed to third reading.

SB 1702 ON SECOND READING
(Dutton - House Sponsor)

SB 1702, A bill to be entitled An Act relating to the powers and duties of the office of independent ombudsman for the Texas Juvenile Justice Department.

SB 1702 was passed to third reading.

SB 1754 ON SECOND READING
(K. Bell - House Sponsor)

SB 1754, A bill to be entitled An Act relating to the prosecution of the offense of taking or attempting to take a weapon from certain officers, investigators, employees, or officials.

SB 1754 was passed to third reading.

SB 30 ON SECOND READING
(Phelan - House Sponsor)

SB 30, A bill to be entitled An Act relating to ballot language requirements for a proposition seeking voter approval for the issuance of bonds.

Representative Phelan moved to postpone consideration of SB 30 until 4:45 p.m. today.

The motion prevailed.

SB 1451 ON SECOND READING
(Ashby - House Sponsor)

SB 1451, A bill to be entitled An Act relating to the ability of public school teachers to maintain student discipline without being subjected to adverse employment consequences.

Amendment No. 1

Representative Frullo offered the following amendment to SB 1451:

Amend SB 1451 (house committee printing) as follows:
(1)  On page 2, line 3, strike "Subsection (b-1)" and substitute "Subsections (b-1) and (e)".
(2)  On page 2, between lines 8 and 9, insert the following:
(e)  A student who is sent to the campus behavior coordinator's or other administrator's office under Subsection (a) or removed from class under Subsection (b) is not considered to have been removed from the classroom for the purposes of reporting data through the Public Education Information Management System (PEIMS) or other similar reports required by state or federal law.

Amendment No. 1 was adopted.

SB 1451, as amended, was passed to third reading.

SB 1083 ON SECOND READING
(Rodriguez - House Sponsor)

SB 1083, A bill to be entitled An Act relating to compensation to be paid to an emergency services district for a municipality's annexation of the district's territory.

Amendment No. 1

Representative Rodriguez offered the following amendment to SB 1083:

Amend SB 1083 (house committee printing) as follows:
(1)  On page 1, lines 7 and 8, strike "Subsection (e-1)" and substitute "Subsections (e-1) and (g)".
(2)  On page 2, between lines 19 and 20, insert the following:
(g)  The amount of compensation under Subsection (c) shall be determined under Subsection (e) regardless of whether Subsection (e-1) would yield a greater amount if:
(1)  the municipality is a municipality described by Section 775.014(h); and
(2)  the municipality and the district enter into an agreement on or before September 1, 2019, regarding the district's bonded and other indebtedness.

Amendment No. 1 was adopted.

SB 1083, as amended, was passed to third reading.

SB 384 ON SECOND READING
(Sheffield - House Sponsor)

SB 384, A bill to be entitled An Act relating to the reporting of health care-associated infections and preventable adverse events at health care facilities.

SB 384 was passed to third reading.

SB 569 ON SECOND READING
(G. Bonnen - House Sponsor)

SB 569, A bill to be entitled An Act relating to the regulation of listed family homes.

SB 569 was passed to third reading. (Flynn recorded voting no.)

SB 1177 ON SECOND READING
(Rose - House Sponsor)

SB 1177, A bill to be entitled An Act relating to offering certain evidence-based services in lieu of other mental health or substance use disorder services by a Medicaid managed care organization.

SB 1177 was passed to third reading.

SB 489 ON SECOND READING
(Smithee - House Sponsor)

SB 489, A bill to be entitled An Act relating to personal information that may be omitted from certain records, licenses, and reports and to other court security measures.

SB 489 was passed to third reading.

CSSB 1454 ON SECOND READING
(Huberty - House Sponsor)

CSSB 1454, A bill to be entitled An Act relating to the ownership, sale, lease, and disposition of property and management of assets of an open-enrollment charter school.

CSSB 1454 was passed to third reading.

SB 662 ON SECOND READING
(Paddie - House Sponsor)

SB 662, A bill to be entitled An Act relating to the availability of personal information of a statewide elected official or member of the legislature.

SB 662 was passed to third reading.

SB 71 ON SECOND READING
(S. Thompson - House Sponsor)

SB 71, A bill to be entitled An Act relating to the establishment of a statewide telehealth center for sexual assault forensic medical examination.

SB 71 was passed to third reading.

SB 345 ON SECOND READING
(Toth - House Sponsor)

SB 345, A bill to be entitled An Act relating to the use of land in the William Goodrich Jones State Forest.

Amendment No. 1

Representative Toth offered the following amendment to SB 345:

Amend SB 345 (house committee report) as follows:
(1)  On page 1, line 15, strike "The" and substitute "Except as provided by Subsection (c), the".
(2)  On page 1, between lines 21 and 22, insert the following:
(c)  This section does not preclude the Texas Department of Transportation, for the current operation or future expansion of Farm-to-Market Road 1488, from:
(1)  using an easement that is owned by the state for the benefit of the department for a highway purpose; or
(2)  acquiring an additional interest in real property.

Amendment No. 1 was adopted.

SB 345, as amended, was passed to third reading.

SB 741 ON SECOND READING
(Landgraf - House Sponsor)

SB 741, A bill to be entitled An Act relating to restrictive covenants regarding firearms or firearm ammunition.

SB 741 was passed to third reading.

(Speaker in the chair)

SB 405 ON SECOND READING
(Moody - House Sponsor)

SB 405, A bill to be entitled An Act relating to the criminal offense of making a false report to a peace officer, federal special investigator, law enforcement employee, corrections officer, or jailer.

SB 405 was passed to third reading.

SB 41 ON SECOND READING
(Smithee - House Sponsor)

SB 41, A bill to be entitled An Act relating to exemptions to reporting and list requirements for certain attorneys ad litem, guardians ad litem, amicus attorneys, mediators, and guardians.

SB 41 was passed to third reading.

SB 1757 ON SECOND READING
(Frullo - House Sponsor)

SB 1757, A bill to be entitled An Act relating to student loan repayment assistance under the math and science scholars loan repayment program.

SB 1757 was passed to third reading.

CSSB 65 ON SECOND READING
(Geren - House Sponsor)

CSSB 65, A bill to be entitled An Act relating to oversight of and requirements applicable to state agency contracting and procurement.

Amendment No. 1

Representative Geren offered the following amendment to CSSB 65:

Amend CSSB 65 (house committee report) on page 23, line 5, by striking "Sections 825.103(d) and (g)" and substituting "Section 825.103(g)".

Amendment No. 1 was adopted.

CSSB 65, as amended, was passed to third reading.

SB 54 ON SECOND READING
(M. González - House Sponsor)

SB 54, A bill to be entitled An Act relating to a study regarding the appropriate methods and standards to evaluate certain students participating in regional day school programs for the deaf.

SB 54 was passed to third reading.

SB 64 ON SECOND READING
(Phelan - House Sponsor)

SB 64, A bill to be entitled An Act relating to cybersecurity for information resources.

Amendment No. 1

Representative P. King offered the following amendment to SB 64:

Amend SB 64 (house committee printing), on page 10, by striking lines 17-19 and substituting the following:
(3)  a municipally owned electric utility; or
(4)  a transmission and distribution utility.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Capriglione offered the following amendment to SB 64:

Amend SB 64 (house committee report) as follows:
(1)  On page 1, line 5, strike "Section 61.09091" and substitute "Sections 61.09091 and 61.09092".
(2)  On page 1, between lines 20 and 21, insert the following:
Sec. 61.09092.  COORDINATION OF CYBERSECURITY COURSEWORK DEVELOPMENT. (a) In this section, "lower-division institution of higher education" means a public junior college, public state college, or public technical institute.
(b)  The board, in consultation with the Department of Information Resources, shall coordinate with lower-division institutions of higher education and entities that administer or award postsecondary industry certifications or other workforce credentials in cybersecurity to develop certificate programs or other courses of instruction leading toward those certifications or credentials that may be offered by lower-division institutions of higher education.
(c)  The board may adopt rules as necessary for the administration of this section.
(3)  On page 12, line 1, strike "2054.119" and substitute "2054.119, 2054.513,".
(4)  Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____.  Subchapter F, Chapter 437, Government Code, is amended by adding Section 437.255 to read as follows:
Sec. 437.255.  ASSISTING TEXAS STATE GUARD WITH CYBER OPERATIONS. To serve the state and safeguard the public from malicious cyber activity, the governor may command the Texas National Guard to assist the Texas State Guard with defending the state's cyber operations.
SECTION ____.  The heading to Section 656.047, Government Code, is amended to read as follows:
Sec. 656.047.  PAYMENT OF PROGRAM AND CERTIFICATION EXAMINATION EXPENSES.
SECTION ____.  Section 656.047, Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)  A state agency may spend public funds as appropriate to reimburse a state agency employee or administrator who serves in an information technology, cybersecurity, or other cyber-related position for fees associated with industry-recognized certification examinations.
SECTION ____.  Subchapter N-1, Chapter 2054, Government Code, is amended by adding Section 2054.519 to read as follows:
Sec. 2054.519.  CYBERSTAR PROGRAM; CERTIFICATE OF APPROVAL. (a) The state cybersecurity coordinator, in collaboration with the cybersecurity council and public and private entities in this state, shall develop best practices for cybersecurity that include:
(1)  measureable, flexible, and voluntary cybersecurity risk management programs for public and private entities to adopt to prepare for and respond to cyber incidents that compromise the confidentiality, integrity, and availability of the entities' information systems;
(2)  appropriate training and information for employees or other individuals who are most responsible for maintaining security of the entities' information systems;
(3)  consistency with the National Institute of Standards and Technology standards for cybersecurity;
(4)  public service announcements to encourage cybersecurity awareness; and
(5)  coordination with local and state governmental entities.
(b)  The state cybersecurity coordinator shall establish a cyberstar certificate program to recognize public and private entities that implement the best practices for cybersecurity developed in accordance with Subsection (a). The program must allow a public or private entity to submit to the department a form certifying that the entity has complied with the best practices and the department to issue a certificate of approval to the entity. The entity may include the certificate of approval in advertisements and other public communications.
SECTION ____.  Chapter 2054, Government Code, is amended by adding Subchapter R to read as follows:
SUBCHAPTER R. INFORMATION RESOURCES OF GOVERNMENTAL ENTITIES
Sec. 2054.601.  USE OF NEXT GENERATION TECHNOLOGY. Each state agency and local government shall, in the administration of the agency or local government, consider using next generation technologies, including cryptocurrency, blockchain technology, and artificial intelligence.
Sec. 2054.602.  LIABILITY EXEMPTION. A person who in good faith discloses to a state agency or other governmental entity information regarding a potential security issue with respect to the agency's or entity's information resources technologies is not liable for any civil damages resulting from disclosing the information unless the person stole, retained, or sold any data obtained as a result of the security issue.

Amendment No. 2 was adopted.

SB 64, as amended, was passed to third reading.

SB 132 ON SECOND READING
(Longoria and Guerra - House Sponsors)

SB 132, A bill to be entitled An Act relating to operation of the Texas leverage fund program administered by the Texas Economic Development Bank.

Amendment No. 1

Representative Lambert offered the following amendment to SB 132:

Amend SB 132 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 377.072(c), Local Government Code, is amended to read as follows:
(c)  Except as provided by Subsections (d) and (e), the district may use money in the development project fund only to:
(1)  pay the costs of planning, acquiring, establishing, developing, constructing, or renovating one or more development projects located:
(A)  in the district; or
(B)  outside the district, if:
(i)  the project is located in the extraterritorial jurisdiction of the municipality that created the district;
(ii)  the project is a development project as that term is defined by Section 377.001(3)(A);
(iii)  the board determines that the development project will provide an economic benefit to the district; and
(iv)  the following entities, as applicable, by resolution approve the development project:
(a)  the municipality that created the district; and
(b)  each municipality in whose extraterritorial jurisdiction the project is located;
(2)  pay the principal of, interest on, and other costs relating to bonds or other obligations issued by the district or to refund bonds or other obligations; or
(3)  pay the costs of operating or maintaining one or more development projects during the planning, acquisition, establishment, development, construction, or renovation or while bonds or other obligations for the planning, acquisition, establishment, development, construction, or renovation are outstanding.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Paddie offered the following amendment to SB 132:

Amend SB 132 (house committee printing) as follows:
(1)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  (a) Subtitle F, Title 4, Government Code, is amended by adding Chapter 487A to read as follows:
CHAPTER 487A. RURAL AND OPPORTUNITY FUNDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 487A.0001.  GENERAL DEFINITIONS. In this chapter:
(1)  "Closing date" means the date a rural and opportunity fund has collected all of the amounts described by Section 487A.0056(a)(1).
(2)  "Growth investment" means any capital or equity investment by a rural and opportunity fund in a targeted small business or any loan by a rural and opportunity fund to a targeted small business with a stated maturity date of at least one year after the date of issuance.
(3)  "Office" means the Texas Economic Development and Tourism Office.
(4)  "Qualified area" means:
(A)  an area:
(i)  other than a municipality with a population of more than 50,000 or an urbanized area contiguous and adjacent to the municipality; or
(ii)  determined to be rural in character by the United States under secretary of agriculture for rural development or the successor in function to that position; or
(B)  a qualified opportunity zone as defined by Section 1400Z-1, Internal Revenue Code of 1986.
(5)  "Rural and opportunity fund" means an entity approved by the office as a rural and opportunity fund.
Sec. 487A.0002.  DEFINITION: AFFILIATE. (a) In this chapter, "affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with another entity.
(b)  For purposes of Subsection (a), an entity is controlled by another entity if the controlling entity:
(1)  holds, directly or indirectly, the majority voting or ownership interest in the controlled entity; or
(2)  has control over the day-to-day operations of the controlled entity by contract or by law.
Sec. 487A.0003.  DEFINITION: CREDIT-ELIGIBLE CAPITAL CONTRIBUTION. (a) In this chapter and subject to Subsection (b), "credit-eligible capital contribution" means an investment of cash that equals the amount specified on a tax credit certificate issued by the office under Section 487A.0055(b) made by an entity that is subject to state premium tax liability, as defined by Section 232.0001, Insurance Code.
(b)  An investment made by an entity qualifies as a credit-eligible capital contribution only if the entity making the investment receives in exchange for the investment:
(1)  an equity interest in the rural and opportunity fund; or
(2)  at par value or premium, a debt instrument that has a maturity date of at least five years from the closing date and a repayment schedule that is no faster than level principal amortization over five years.
Sec. 487A.0004.  DEFINITION: INVESTMENT AUTHORITY. (a) In this chapter, "investment authority" means the amount stated on the notice issued under Section 487A.0055(a) approving the rural and opportunity fund.
(b)  At least 65 percent of a rural and opportunity fund's investment authority must consist of credit-eligible capital contributions.
Sec. 487A.0005.  DEFINITION: JOBS CREATED. (a) In this chapter, "jobs created" means, with respect to a targeted small business, employment positions that are created by the targeted small business, are located in this state, require at least 35 hours of work each week, and were not located in this state at the time of the initial growth investment in the targeted small business.
(b)  The number of jobs created by a targeted small business is calculated each year by subtracting the number of employment positions in this state at the targeted small business at the time of the initial growth investment in the targeted small business from the monthly average of those employment positions for that year. If the number calculated under this subsection is less than zero, the number shall be reported as zero.
(c)  The monthly average of employment positions for a year is calculated by adding together the number of employment positions existing on the last day of each month of the year and dividing by 12.
Sec. 487A.0006.  DEFINITION: JOBS RETAINED. (a) In this chapter, "jobs retained" means, with respect to a targeted small business, employment positions:
(1)  located in this state requiring at least 35 hours of work each week that existed before the initial growth investment in the targeted small business; and
(2)  that would have been lost or moved out of this state had a growth investment in the targeted small business not been made, as certified in writing by an executive officer of the targeted small business to the rural and opportunity fund.
(b)  The number of jobs retained by a targeted small business is calculated each year based on the monthly average of employment positions for that year.
(c)  The monthly average of employment positions for a year is calculated by adding together the number of employment positions existing on the last day of each month of the year and dividing by 12.
(d)  The reported number of jobs retained for a year may not exceed the number reported on the initial report under Section 487A.0155. The rural and opportunity fund shall reduce the number of jobs retained for a year if employment at the targeted small business drops below the number reported on the initial report.
Sec. 487A.0007.  DEFINITION: TARGETED SMALL BUSINESS. (a) In this chapter, "targeted small business" means a business that, at the time of the initial growth investment in the business:
(1)  had fewer than 250 employees, including any persons who would be considered employees under the federal law to which 13 C.F.R. Section 121.103(h)(4) applies as a result of the application of that provision; and
(2)  has its principal business operations located in one or more qualified areas in this state.
(b)  For purposes of Subsection (a)(2), the principal business operations of a business are located at a place where:
(1)  at least 80 percent of the business's employees work; or
(2)  employees who are paid at least 80 percent of the business's payroll work.
(c)  An out-of-state business that agrees to relocate or hire new employees using the proceeds of a growth investment to establish principal business operations in a qualified area in this state qualifies as a targeted small business if the business satisfies the requirements of:
(1)  Subsection (a)(1) at the time of the initial growth investment in the business; and
(2)  Subsection (a)(2) not later than the 180th day after receiving the initial growth investment or a later date agreed to by the office.
Sec. 487A.0008.  RULES. The office shall adopt rules necessary to implement this chapter.
SUBCHAPTER B. APPROVAL OF RURAL AND OPPORTUNITY FUNDS
Sec. 487A.0051.  APPLICATION. (a) Subject to Section 487A.0202, the office shall accept applications from entities seeking approval as rural and opportunity funds.
(b)  An application must include:
(1)  the total investment authority sought by the applicant under the applicant's business plan;
(2)  evidence sufficient to prove to the office's satisfaction that, as of the date the applicant submits the application:
(A)  the applicant or affiliates of the applicant have invested, in the aggregate, at least $100 million in nonpublic companies located in:
(i)  an area described by Section 487A.0001(4)(A), regardless of whether the area is located inside or outside this state; or
(ii)  a census tract designated as a qualified opportunity zone in accordance with Section 1400Z-1, Internal Revenue Code of 1986, regardless of when the designation is made and regardless of whether the census tract is located inside or outside this state; and
(B)  at least one principal in a rural business investment company licensed under 7 U.S.C. Section 2009cc et seq. or a small business investment company licensed under 15 U.S.C. Section 681 is, and has been for at least four years, an officer or employee of the applicant or of an affiliate of the applicant on the date the application is submitted;
(3)  a copy of the rural business investment company license or small business investment company license described by Subdivision (2)(B);
(4)  an estimate of the number of jobs created and jobs retained as a result of the applicant's growth investments;
(5)  a business plan that includes a revenue impact assessment that:
(A)  projects state and local tax revenue to be generated by the applicant's proposed growth investments; and
(B)  is prepared by a nationally recognized third party independent economic forecasting firm using a dynamic economic forecasting model that analyzes the applicant's business plan for the 10-year period following the closing date;
(6)  a signed affidavit from each committed investor stating the amount of credit-eligible capital contributions the investor commits to making; and
(7)  a nonrefundable application fee of $5,000.
Sec. 487A.0052.  DECISION ON APPLICATION. (a) The office shall make a determination on each application not later than the 30th day after the date the office receives the application. The office shall make application determinations in the order in which applications are received and shall consider applications received on the same day to be received simultaneously.
(b)  The office may approve investment authority under this chapter in amounts that would allow not more than $35 million in tax credits to be claimed under Section 232.0053, Insurance Code, in any calendar year, excluding any credit carryforwards under Section 232.0054, Insurance Code.
(c)  If a request for investment authority exceeds the limitation under Subsection (b), the office shall reduce the investment authority and the credit-eligible capital contributions for that application as necessary to avoid exceeding the limit. If multiple applications received on the same day request a combined investment authority that exceeds the limit under Subsection (b), the office shall proportionally reduce the investment authority and the credit-eligible capital contributions for those applications as necessary to avoid exceeding the limit. The office may not reduce an applicant's investment authority for any reason other than as authorized by this subsection.
Sec. 487A.0053.  GROUNDS FOR DENIAL. The office may deny an application under this subchapter only if:
(1)  the application is incomplete or the application fee is not paid in full;
(2)  the applicant fails to satisfy the requirements of Section 487A.0051(b)(2);
(3)  the revenue impact assessment submitted under Section 487A.0051(b)(5) does not demonstrate that the applicant's business plan will result in a positive economic impact on combined state and local revenue during the 10-year period covered by the assessment that exceeds the cumulative amount of tax credits that would be issued to the applicant's investors under Chapter 232, Insurance Code, if the application were approved;
(4)  the credit-eligible capital contributions described in affidavits submitted under Section 487A.0051(b)(6) do not equal at least 65 percent of the total amount of investment authority sought under the applicant's business plan; or
(5)  the office has already approved the maximum amount of investment authority allowed under Section 487A.0052(b).
Sec. 487A.0054.  SUBMISSION OF ADDITIONAL INFORMATION FOLLOWING DENIAL. (a) If the office denies an application the applicant may, not later than the 15th day after the date the office provides notice of denial, provide additional information to the office to complete, clarify, or cure defects in the application identified by the office.
(b)  If the applicant completes, clarifies, or cures the defects in its application during the period prescribed by Subsection (a), the application is considered complete as of the original submission date.
(c)  If the applicant fails to complete, clarify, or cure the defects in its application during the period prescribed by Subsection (a), the application is finally denied. An applicant who wishes to reapply must resubmit an application in full with a new submission date.
(d)  The office shall review and reconsider an application described by Subsection (a) for which the applicant provides additional information not later than the 30th day after the date the applicant provides the information. The office shall consider that application before any pending applications submitted after the date that application was originally submitted.
(e)  This section does not apply to an application denied as a result of the applicant's failure to submit with the application affidavits required by Section 487A.0051(b)(6).
Sec. 487A.0055.  NOTICE OF APPROVAL; ISSUANCE OF TAX CREDIT CERTIFICATES. (a) On approval of an application, the office shall provide written notice to the applicant of the applicant's approval as a rural and opportunity fund, including the amount of the fund's investment authority.
(b)  After the rural and opportunity fund collects the credit-eligible capital contribution from each investor under Section 487A.0056(a)(1)(A), the office shall issue a tax credit certificate to each investor and include on the certificate the amount of the investor's credit-eligible capital contribution.
Sec. 487A.0056.  DUTIES OF FUND FOLLOWING APPROVAL. (a) A rural and opportunity fund shall:
(1)  not later than the 60th day after the date the fund receives the approval notice under Section 487A.0055(a):
(A)  collect the credit-eligible capital contribution from each investor whose affidavit was included in the application under Section 487A.0051(b)(6); and
(B)  subject to Subsection (b), collect one or more investments of cash that, when added to the contributions collected under Paragraph (A), equal the fund's investment authority; and
(2)  not later than the 65th day after the date the fund receives the approval notice under Section 487A.0055(a), send to the office documentation sufficient to prove that the fund has collected the amounts described in Subdivision (1).
(b)  At least 10 percent of the rural and opportunity fund's investment authority must consist of equity investments contributed directly or indirectly by affiliates of the fund, including employees, officers, and directors of those affiliates.
Sec. 487A.0057.  LAPSE OF APPROVAL. (a) If a rural and opportunity fund fails to comply with the requirements of Section 487A.0056, the fund's approval lapses and the corresponding investment authority described by Section 487A.0056(a)(1) does not count toward the limit prescribed by Section 487A.0052(b).
(b)  The office shall first award lapsed investment authority pro rata to each rural and opportunity fund whose requested investment authority was reduced under Section 487A.0052(c). The rural and opportunity fund may allocate the investment authority awarded under this subsection to the fund's investors in the fund's discretion. The office may award any remaining investment authority to new applicants.
Sec. 487A.0058.  DISPOSITION OF APPLICATION FEES. Application fees submitted to the office under Section 487A.0051(b)(7) shall be deposited to the credit of the general revenue fund and may be appropriated only to the office for the purpose of administering this chapter.
SUBCHAPTER C. REVOCATION OF TAX CREDIT CERTIFICATE
Sec. 487A.0101.  GROUNDS FOR REVOCATION. (a) The office shall revoke a tax credit certificate issued under Subchapter B in connection with an investment in a rural and opportunity fund if, before the fund exits the program under Section 487A.0151, the fund:
(1)  subject to Subsection (b), fails to invest at least 60 percent of the fund's investment authority in growth investments in this state on or before the second anniversary of the closing date and 100 percent of the fund's investment authority in growth investments in this state on or before the third anniversary of the closing date;
(2)  subject to Subsection (c) and after making the investments necessary to avoid revocation under Subdivision (1), fails to maintain growth investments equal to 100 percent of the fund's investment authority until the sixth anniversary of the closing date;
(3)  makes a distribution or payment that results in the fund having less than 100 percent of its investment authority:
(A)  invested in growth investments in this state; or
(B)  available for investment in growth investments and held in:
(i)  cash;
(ii)  United States Treasury securities;
(iii)  bonds or notes issued by this state or an agency or political subdivision of this state; or
(iv)  a deposit account with a depository institution headquartered or chartered in this state; or
(4)  subject to Subsection (d), makes a growth investment in a targeted small business that directly or indirectly through an affiliate owns, has the right to acquire an ownership interest in, makes a loan to, or makes an investment in the fund, an affiliate of the fund, or an investor in the fund.
(b)  For purposes of Subsection (a)(1):
(1)  the amount of growth investments that a rural and opportunity fund may count with respect to a particular targeted small business, including any amount invested in an affiliate of the targeted small business, may not exceed:
(A)  $3 million for the initial growth investment and during the six months after the initial growth investment is made; or
(B)  a total of $5 million; and
(2)  at least 85 percent of the required investments must be growth investments in targeted small businesses whose principal business operations are located in, or are relocated to, one or more qualified areas described by Section 487A.0001(4)(A).
(c)  For purposes of Subsection (a)(2):
(1)  the amount of growth investments that a rural and opportunity fund may count with respect to a particular targeted small business, including any amount invested in an affiliate of the targeted small business, may not exceed:
(A)  $3 million for the initial growth investment and during the six months after the initial growth investment is made; or
(B)  a total of $5 million;
(2)  an investment that is sold or repaid is considered to be maintained if the rural and opportunity fund reinvests an amount equal to the capital returned or recovered by the fund from the original investment, excluding any profit realized, in another growth investment in this state on or before the first anniversary of the date the capital is returned or recovered; and
(3)  an amount received periodically by a rural and opportunity fund is considered to be continually invested in growth investments if that amount is reinvested in one or more growth investments by the end of the calendar year following the year of receipt.
(d)  Subsection (a)(4) does not apply to investments in publicly traded securities by a targeted small business or an owner or affiliate of the targeted small business. For purposes of Subsection (a)(4), a rural and opportunity fund is not considered an affiliate of a targeted small business solely as a result of the fund's growth investment in the targeted small business.
(e)  The office shall:
(1)  notify the comptroller when the office revokes a tax credit certificate; and
(2)  on request, provide the comptroller with lists of valid and revoked tax credit certificates.
Sec. 487A.0102.  OPPORTUNITY TO CORRECT VIOLATION. (a) Before revoking a tax credit certificate under this subchapter, the office shall notify the rural and opportunity fund of the reasons for the pending revocation.
(b)  The rural and opportunity fund may, not later than the 90th day after the date the notice is received, correct any violation outlined in the notice to the satisfaction of the office and avoid revocation of the tax credit certificate.
Sec. 487A.0103.  ALLOCATION OF REVOKED INVESTMENT AUTHORITY. (a) If a tax credit certificate is revoked under this subchapter, the associated investment authority does not count toward the limit on total investment authority described in Section 487A.0052(b).
(b)  The office shall first award revoked investment authority pro rata to each rural and opportunity fund whose requested investment authority was reduced under Section 487A.0052(c). The office may award any remaining investment authority to new applicants.
SUBCHAPTER D. CERTAIN FUND OPERATIONS
Sec. 487A.0151.  APPLICATION TO EXIT PROGRAM. (a) On or after the sixth anniversary of the closing date, a rural and opportunity fund may apply to the office to exit the program and no longer be subject to regulation under this chapter.
(b)  The office shall respond to the application not later than the 30th day after receipt.
(c)  A rural and opportunity fund is eligible to exit the program under this section if no tax credit certificates related to investments in the fund have been revoked and the fund has not received any revocation notice that has not been corrected under Section 487A.0102.
(d)  The office may not unreasonably deny an application under this section. The office shall give the rural and opportunity fund notice of a denial and include in the notice the reasons for the denial.
Sec. 487A.0152.  NO REVOCATION FOLLOWING EXIT. The office may not revoke a tax credit certificate related to an investment in a rural and opportunity fund after the fund's exit from the program.
Sec. 487A.0153.  PENALTY FOR CERTAIN DISTRIBUTIONS. (a) For purposes of this section:
(1)  the "actual number of jobs created and retained" is the sum of the numbers of jobs created and jobs retained as a result of all of a rural and opportunity fund's current and former growth investments, as reported on the fund's reports submitted under Section 487A.0155; and
(2)  the "estimated number of jobs created and retained" is the sum of the estimated numbers of jobs created and jobs retained included in a rural and opportunity fund's application under Section 487A.0051(b)(4) reduced, if applicable, by the same percentage as the total investment authority sought under the fund's business plan submitted under Section 487A.0051(b)(1) was reduced under Section 487A.0052(c).
(b)  A rural and opportunity fund is subject to a penalty in the amount provided by Subsection (c) if:
(1)  the fund authorizes a distribution to the fund's equity holders in an amount that, when added to all previous distributions to the fund's equity holders and any previous penalties under this section, exceeds the fund's investment authority; and
(2)  the fund's actual number of jobs created and retained is less than the fund's estimated number of jobs created and retained.
(c)  The amount of the penalty is equal to the amount of the authorized distribution multiplied by a fraction:
(1)  the numerator of which is the fund's estimated number of jobs created and retained less the fund's actual number of jobs created and retained; and
(2)  the denominator of which is the fund's estimated number of jobs created and retained.
(d)  Before making a distribution to the fund's equity holders, the fund shall deduct the amount of the penalty from the amount otherwise authorized to be distributed to the equity holders and pay the penalty to the office.
(e)  The office shall deposit penalties received under Subsection (d) in the general revenue fund.
Sec. 487A.0154.  EVALUATION OF PROPOSED INVESTMENT. (a) A rural and opportunity fund, before making a growth investment, may request from the office a written opinion as to whether the business in which the fund proposes to invest qualifies as a targeted small business.
(b)  Not later than the 15th business day after receiving the request, the office shall notify the rural and opportunity fund of its determination.
(c)  If the office fails to notify the rural and opportunity fund of its determination on or before the 15th business day after receiving the request, the business in which the fund proposes to invest is considered to be a targeted small business for purposes of this chapter.
Sec. 487A.0155.  ANNUAL REPORT. (a) A rural and opportunity fund shall submit a report to the office on or before the fifth business day after each anniversary of the closing date until the fund has exited the program under Section 487A.0151.
(b)  The report must document the rural and opportunity fund's growth investments and include:
(1)  a bank statement showing each growth investment;
(2)  the name, location, and industry of each business receiving a growth investment, including either the determination notice described by Section 487A.0154 or evidence that the business qualified as a targeted small business at the time the investment was made;
(3)  the number of jobs created and jobs retained in the preceding calendar year as a result of the fund's growth investments as of the last day of that period;
(4)  the average annual salary of the jobs described by Subdivision (3) and evidence of any other monetary or social benefit to this state as a result of those jobs; and
(5)  any other information the office requires.
(c)  A rural and opportunity fund may, but is not required to, include in any report submitted under this section information about the number of jobs created and jobs retained with respect to a former growth investment that the fund has exited.
SUBCHAPTER E. REPORT; CONDITIONS FOR ACCEPTANCE OF CERTAIN APPLICATIONS
Sec. 487A.0201.  REPORT. (a) Before the beginning of the 90th Legislature, Regular Session, the office shall submit to the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report on the economic effects of this chapter.
(b)  The report must include an assessment of:
(1)  the aggregate effects of growth investments made under this chapter, including:
(A)  the total number of jobs created by all targeted small businesses that received growth investments, including direct jobs, indirect jobs, and induced jobs;
(B)  the total number of jobs retained by all targeted small businesses that received growth investments;
(C)  the total amount of wages paid in connection with jobs created and jobs retained by all targeted small businesses that received growth investments;
(D)  the median wage of jobs created and jobs retained by all targeted small businesses that received growth investments; and
(E)  the total amount of growth investments made under this chapter;
(2)  the total effect of growth investments on personal income in this state, including direct and indirect effects;
(3)  the gross domestic product of this state attributable to targeted small businesses that received growth investments;
(4)  the total taxable value of property of targeted small businesses that received growth investments in this state according to tax appraisal rolls;
(5)  a comprehensive analysis of the fiscal effect of growth investments on this state and local governments in this state;
(6)  the benefits to this state from cost savings attributable to jobs created and jobs retained by all targeted small businesses that received growth investments, including:
(A)  Medicaid savings, with savings to this state and the federal government listed separately;
(B)  food assistance program savings;
(C)  unemployment insurance payment savings; and
(D)  any other savings that can be reasonably estimated using data available to the office in connection with some or all targeted small businesses that received growth investments; and
(7)  a comprehensive analysis of the fiscal effect on this state and local governments in this state of the effects described by Subdivisions (2)-(6).
(c)  The report may not include information that is confidential by law.
(d)  In preparing the portions of the report described by Subsections (b)(1)-(5), the office shall use standard, nationally recognized economic estimation techniques, including economic multipliers.
(e)  The portions of the report described by Subsections (b)(1)-(5) must be based on data submitted to the office by each rural and opportunity fund.
Sec. 487A.0202.  CONDITIONS FOR ACCEPTANCE OF CERTAIN APPLICATIONS. (a) The office may not accept applications under Section 487A.0051 after January 1, 2022, unless the total positive fiscal effects described by Section 487A.0201(b) exceed the sum of all tax credit certificates issued by the office under Section 487A.0055(b).
(b)  The office shall resume accepting applications under Section 487A.0051 when the condition provided by Subsection (a) is satisfied.
(b)  Subtitle B, Title 3, Insurance Code, is amended by adding Chapter 232 to read as follows:
CHAPTER 232. TAX CREDIT FOR INVESTMENT IN RURAL AND OPPORTUNITY FUND
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 232.0001.  DEFINITIONS. In this chapter:
(1)  "Affiliate" has the meaning assigned by Section 487A.0002, Government Code.
(2)  "Closing date" has the meaning assigned by Section 487A.0001, Government Code.
(3)  "State premium tax liability" means tax liability incurred under Chapter 221, 222, 223, or 224.
Sec. 232.0002.  RULES. The comptroller shall adopt rules necessary to implement this chapter.
SUBCHAPTER B. TAX CREDIT
Sec. 232.0051.  ELIGIBILITY FOR CREDIT. An entity is eligible for a credit against the entity's state premium tax liability in the amount and under the conditions and limitations provided by this chapter.
Sec. 232.0052.  QUALIFICATION. An entity is eligible for a credit for a tax year if:
(1)  the entity holds a tax credit certificate issued under Section 487A.0055(b), Government Code; and
(2)  the third, fourth, fifth, or sixth anniversary of the closing date in connection with which the certificate was issued occurs during the tax year.
Sec. 232.0053.  AMOUNT OF CREDIT; LIMITATION. (a) The amount of credit for a tax year is equal to 25 percent of the amount of the credit-eligible capital contribution stated on the tax credit certificate described by Section 232.0052.
(b)  The total credit claimed for a tax year, including the amount of any carryforward under Section 232.0054, may not exceed the amount of state premium tax liability due for the entity for the tax year after applying all other applicable tax credits.
Sec. 232.0054.  CARRYFORWARD. If an entity is eligible for a credit that exceeds the limitation under Section 232.0053(b), the entity may carry the unused credit forward and claim the credit on a future tax report.
Sec. 232.0055.  ASSIGNMENT PROHIBITED. (a) Except as provided by Subsection (b), an entity may not convey, assign, or transfer the credit allowed under this chapter to another entity.
(b)  An entity may convey, assign, or transfer the credit allowed under this chapter to an affiliate of the entity that is subject to state premium tax liability.
Sec. 232.0056.  RETALIATORY TAX. An entity claiming a credit under this chapter is not required to pay any additional retaliatory tax levied under Chapter 281 as a result of claiming that credit.
SUBCHAPTER C. RECAPTURE OF CREDIT
Sec. 232.0101.  RECAPTURE. The comptroller shall recapture the amount of a credit claimed on a tax report filed under Chapter 221, 222, 223, or 224 from an entity if the tax credit certificate on which the credit is based is revoked under Subchapter C, Chapter 487A, Government Code.
(c)  As soon as practicable after this Act becomes law as provided by Section 2001.006, Government Code:
(1)  the Texas Economic Development and Tourism Office shall adopt rules necessary to implement Chapter 487A, Government Code, as added by this section; and
(2)  the comptroller of public accounts shall adopt rules necessary to implement Chapter 232, Insurance Code, as added by this section.
(d)  Not later than January 1, 2020, the Texas Economic Development and Tourism Office shall begin accepting applications under Section 487A.0051(a), Government Code, as added by this section.
(e)  Chapter 232, Insurance Code, as added by this section, applies only to a tax report originally due on or after January 1, 2020.
(f)  This section takes effect September 1, 2019.
(2)  On page 12, strike lines 10 through 14 and substitute the following appropriately numbered SECTION:
SECTION ____.  Except as otherwise provided by this Act:
(1)  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; and
(2)  if this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

Amendment No. 2 was adopted.

A record vote was requested by Representative Schaefer.

SB 132, as amended, was passed to third reading by (Record 1593): 88 Yeas, 54 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bernal; Blanco; Bowers; Bucy; Burrows; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frullo; Geren; Gervin-Hawkins; Goldman; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Kuempel; Lambert; Larson; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Paddie; Perez; Phelan; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zerwas; Zwiener.

Nays — Anderson; Bell, C.; Bell, K.; Biedermann; Bohac; Bonnen; Buckley; Burns; Button; Cain; Craddick; Cyrier; Frank; González, J.; Harless; Harris; Hefner; Holland; Hunter; King, P.; King, T.; Klick; Krause; Landgraf; Lang; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Parker; Patterson; Paul; Price; Raney; Sanford; Schaefer; Shaheen; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Calanni; Flynn; Hernandez; Leach.

STATEMENTS OF VOTE

When Record No. 1593 was taken, I was in the house but away from my desk. I would have voted yes.

Calanni

When Record No. 1593 was taken, I was shown voting yes. I intended to vote no.

Darby

When Record No. 1593 was taken, I was in the house but away from my desk. I would have voted no.

Flynn

When Record No. 1593 was taken, I was shown voting no. I intended to vote yes.

T. King

When Record No. 1593 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1593 was taken, I was shown voting no. I intended to vote yes.

Raney

When Record No. 1593 was taken, I was shown voting yes. I intended to vote no.

Shine

CSSB 241 ON SECOND READING
(Longoria - House Sponsor)

CSSB 241, A bill to be entitled An Act relating to certain required reports received or prepared by state agencies and other governmental entities.

Amendment No. 1

Representatives Frank, Craddick, and P. King offered the following amendment to CSSB 241:

Amend CSSB 241 in SECTION 1 of the bill (page 25) by inserting a new SECTION 1.43 between lines 18 and 19 to read as follows and renumbering SECTIONS of the bill appropriately:
SECTION 1.43. Section 31.003(b), Utilities Code, is amended to read as follows:
(b)  The report under this section must include:
(1)  an assessment of the effect of competition on the rates and availability of electric services for residential and small commercial customers;
(2)  an assessment of the ongoing effects that federal renewable energy subsidies have on the pricing, reliability, efficiency, and competitive nature of the electric power market in the ERCOT power region. The assessment must include the determination of the effects of the federal subsidies by the ERCOT independent system operator on peak price formation, negative pricing, ancillary services, congestion, reserve margins, and transmission costs.
(3) a summary of commission action over the preceding two years that reflects changes in the scope of competition in regulated electric markets; and
[(3)] (4) recommendations to the legislature for legislation that the commission finds appropriate to promote the public interest in the context of a partially competitive electric market.

Amendment No. 1 was adopted. (The vote was reconsidered later today, and Amendment No. 1 was withdrawn.)

Amendment No. 2

Representative Reynolds offered the following amendment to CSSB 241:

Amend CSSB 241 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering the SECTIONS of the ARTICLE accordingly:
SECTION 1.____. Section 388.005(c), Health and Safety Code, is amended to read as follows:
(c)  Each political subdivision, institution of higher education, or state agency shall establish a goal to reduce the electric consumption by the entity by at least five percent each state fiscal year for seven [10] years, beginning September 1, 2019 [2011].

Amendment No. 2 was adopted.

CSSB 241, as amended, was passed to third reading. (The vote was reconsidered later today, and CSSB 241, as amended, was passed to third reading.)

POSTPONED BUSINESS

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

SB 30 ON SECOND READING
(Phelan - House Sponsor)

SB 30, A bill to be entitled An Act relating to ballot language requirements for a proposition seeking voter approval for the issuance of bonds.

SB 30 was read second time earlier today and was postponed until this time.

Amendment No. 1

Representative Phelan offered the following amendment to SB 30:

Amend SB 30 (house committee printing) as follows:
(1)  On page 1, line 7, strike "Section 52.072, Election Code," and substitute "Section 1251.052, Government Code,".
(2)  On page 1, line 10, between "district" and "and", insert ", the purchase of new school buses,".
(3)  On page 1, line 14, strike "improvement, or renovation" and substitute "acquisition, or equipment".
(4)  On page 1, line 15, between "stadium" and the underscored semicolon, insert "with seating capacity for more than 1,000 spectators".
(5)  On page 1, line 16, strike "improvement, or renovation" and substitute "acquisition, or equipment".
(6)  On page 1, line 18, strike "improvement, or renovation" and substitute "acquisition, or equipment".
(7)  On page 1, line 20, strike "improvement, or renovation" and substitute "acquisition, or equipment".
(8)  On page 1, line 22, strike "improvement, or renovation" and substitute "acquisition, or equipment".
(9)  On page 2, line 2, between "purposes" and the underscored period, insert "or technology infrastructure integral to the construction of a facility".
(10)  On page 2, lines 14-15, strike "Section 52.072, Election Code, is amended by amending Subsection (e) and adding Subsection (f)" and substitute "Section 52.072(e), Election Code, is amended".
(11)  On page 2, line 20, strike "issuance of bonds or the" and substitute "[issuance of bonds or the]".
(12)  Strike page 2, line 22, through page 3, line 8, and substitute the following:
(1)  [with respect to a proposition seeking voter approval of the issuance of bonds:
[(A)     the total principal amount of the bonds to be authorized, if approved; and
[(B)     a general description of the purposes for which the bonds are to be authorized, if approved;
[(2)]  with respect to a proposition that only seeks voter approval of the imposition or increase of a tax, the amount of or maximum tax rate of the tax or tax increase for which approval is sought; or
(2)  [(3)] with respect to a proposition that only seeks voter approval of the reduction of a tax, the amount of tax rate reduction or the tax rate for which approval is sought.
SECTION 3.  Chapter 1251, Government Code, is amended by designating Sections 1251.001, 1251.003, 1251.004, 1251.005, and 1251.006 as Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A.  PROVISIONS RELATING GENERALLY TO COUNTY AND MUNICIPAL BOND ELECTIONS
SECTION 4.  Chapter 1251, Government Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B.  BALLOT FOR DEBT OBLIGATIONS ISSUED BY POLITICAL SUBDIVISION
Sec. 1251.051.  DEFINITIONS. In this subchapter:
(1)  "Debt obligation" means a public security, as defined by Section 1201.002, secured by and payable from ad valorem taxes. The term does not include public securities that are designated as self-supporting by the political subdivision issuing the securities.
(2)  "Political subdivision" means a municipality, county, school district, or special taxing district.
Sec. 1251.052.  FORM. (a) The ballot for a measure seeking voter approval of the issuance of debt obligations by a political subdivision shall specifically state:
(1)  a plain language description of the single specific purposes for which the debt obligations are to be authorized;
(2)  the total principal amount of the debt obligations to be authorized; and
(3)  that taxes sufficient to pay the principal of and interest on the debt obligations will be imposed.
(13)  On page 3, line 9, strike "(f)" and substitute "(a-1)".
(14)  On page 3, line 9, strike "bonds" and substitute "debt obligations".
(15)  On page 3, line 11, after the underscored period, add the following:
A proposition may include as a specific purpose one or more structures or improvements serving the substantially same purpose and may include related improvements and equipment necessary to accomplish the specific purpose.
(16)  Add the following appropriately numbered SECTION to the bill:
SECTION ____.  Section 1251.002, Government Code, is repealed.
(17)  Renumber subsequent SECTIONS of the bill accordingly.

Amendment No. 2

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

Amend Amendment No. 1 by Phelan to SB 30 by adding the following appropriately numbered items to the amendment and renumbering items of the amendment accordingly:
(____) On page 1, line 19, between "gymnasium" and the underscored semicolon, insert ", playground, or play area".
(____) On page 1, line 21, between "facility" and the underscored semicolon, insert "with a seating capacity of greater than 500".

Amendment No. 2 was adopted.

Amendment No. 1, as amended, was adopted.

SB 30, as amended, was passed to third reading.

GENERAL STATE CALENDAR
(consideration continued)

CSSB 322 ON SECOND READING
(Murphy - House Sponsor)

CSSB 322, A bill to be entitled An Act relating to the evaluation and reporting of investment practices and performance of certain public retirement systems.

CSSB 322 was passed to third reading.

POSTPONED BUSINESS

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

CSSB 1412 ON SECOND READING
(Burrows - House Sponsor)

CSSB 1412, A bill to be entitled An Act relating to accountability intervention provisions applicable to school district campuses, including the creation of accelerated campus excellence turnaround plans and the conditions under which a closed campus may be repurposed to serve students at that campus location.

CSSB 1412 was read second time earlier today and was postponed until this time.

Amendment No. 1

Representative Burrows offered the following amendment to CSSB 1412:

Amend CSSB 1412 (house committee report) as follows:
(1)  Strike page 2, lines 19 through 25, and substitute the following:
(3)  that at least 60 percent of the classroom teachers assigned to the campus be teachers who demonstrated instructional effectiveness during the previous school year, with instructional effectiveness determined by:
(A)  for a teacher who taught in the district during the previous school year:
(i)  the teacher's impact on student growth as determined using a locally developed value-added model that measures student performance on at least one assessment selected by the district;
(2)  On page 3, line 6, strike "quartile" and substitute "half".

Amendment No. 1 was adopted.

Amendment No. 2

Representatives VanDeaver and Huberty offered the following amendment to CSSB 1412:

Amend CSSB 1412 (house committee report) as follows:
(1)  Strike page 1, line 8 through page 2, line 12 and substitute the following:
SECTION 1.  Subchapter C, Chapter 39A, Education Code, is amended by adding Section 39A.1065 to read as follows:
Sec. 39A.1065.  ACCELERATED CAMPUS EXCELLENCE TURNAROUND PLAN. (a) The commissioner shall select one campus that received an unacceptable rating for the 2017-2018 school year, regardless of the number of consecutive years the campus has received an unacceptable rating, to submit an accelerated campus excellence turnaround plan as provided by this section for the 2019-2020, 2020-2021, and 2021-2022 school years. The plan must
(2)  On page 4, strike lines 6 through 14 and substitute the following:
(b)  Notwithstanding Section 39A.107(a), the commissioner shall approve the accelerated campus excellence turnaround plan submitted under Subsection (a) if the commissioner determines that the plan meets the requirements of that subsection.
(c)  The commissioner may:
(1)  provide guidance to the school district of the campus selected under Subsection (a) as necessary to implement the accelerated campus excellence turnaround plan; and
(2)  adjust timelines established under this chapter for the campus selected under Subsection (a) for purposes of developing and implementing the accelerated campus excellence turnaround plan.
(d)  This section expires September 1, 2022.
(3)  On page 6, strike lines 2 through 16.
(4)  Add the following appropriately numbered SECTION to the bill:
SECTION ____.  Section 39A.116, Education Code, as added by this Act, applies beginning with the 2019-2020 school year.
(5)  Renumber the SECTIONS of the bill accordingly.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Rodriguez offered the following amendment to CSSB 1412:

Amend CSSB 1412 (house committee report) as follows:
(1)  On page 4, line 10, strike "Subsection (a-3)" and substitute "Subsections (a-3) and (b-1)".
(2)  On page 4, between lines 14 and 15, insert the following:
(b-1)  Except as provided by Section 39A.110, a campus turnaround plan may be modified only with approval of the commissioner. The commissioner may approve a modified plan only if the commissioner makes the determination described by Subsection (a).
(3)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter C, Chapter 39A, Education Code, is amended by adding Section 39A.1011 to read as follows:
Sec. 39A.1011.  CAMPUS TURNAROUND PLAN TO OPERATE AS COMMUNITY SCHOOL. (a) A campus turnaround plan may permit a campus to operate as a community school. A plan to operate as a community school must include, in addition to the other requirements of this subchapter, strategies and programs to coordinate academic, social, and health services and reduce barriers to learning through partnerships and service coordination.
(b)  A campus that elects to operate as a community school under a campus turnaround plan must:
(1)  establish a school community partnership team, composed of the members required for a campus-level planning and decision-making committee under Section 11.251 and additional community representatives, to coordinate with the campus intervention team for the campus;
(2)  establish a partnership with a lead organization that has experience in developing and implementing a community school plan;
(3)  designate a school district employee or an employee of an organization with experience in developing and implementing a community school plan as the community school coordinator for the campus, whose duties must include the recruitment and coordination of services from community partners;
(4)  develop a community school plan that satisfies the requirements for a campus improvement plan under Section 11.253 and includes:
(A)  integrated student supports that focus on student well-being, including:
(i)  removing out-of-school barriers to health care services; and
(ii)  assisting students and parents in developing strong relationships that promote social and emotional health and prevent or mitigate risky behavior;
(B)  expanded learning time and opportunities that are designed to improve student outcomes in the subjects of the foundation curriculum under Section 28.002(a)(1), including:
(i)  after-school programs;
(ii)  extended school year programs; and
(iii)  summer enrichment activities;
(C)  family and community engagement, including strategies that emphasize:
(i)  parent involvement in student education; and
(ii)  joint campus leadership between administrators and parents; and
(D)  collaborative leadership and practices, including:
(i)  best practices for student instruction; and
(ii)  appropriate assessments and shared accountability; and
(5)  obtain approval for the community school plan from:
(A)  at least 75 percent of campus faculty and staff and 75 percent of parents of students enrolled at the campus; and
(B)  the board of trustees of the school district in which the campus is located.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Bohac offered the following amendment to CSSB 1412:

Amend CSSB 1412 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 39A.101, Education Code, is amended by adding Subsection (e) to read as follows:
(e)  This subsection applies notwithstanding an order of the commissioner requiring a campus to submit a campus turnaround plan. A school district under a contract with an open-enrollment charter school to jointly operate a campus or campus program during the 2017-2018 school year and under any renewal of that contract is eligible to receive funding under Section 42.2511 for each student or the portion of each student's school day under the direction of the open-enrollment charter school if the most recent accountability rating of:
(1)  the campus was a C or higher under Subchapter C, Chapter 39; and
(2)  the open-enrollment charter school was a C or higher under Subchapters C and D, Chapter 39.
SECTION ____.  Sections 42.2511(a) and (b), Education Code, are amended to read as follows:
(a)  This section applies only to:
(1)  a school district and an open-enrollment charter school that enter into a contract to operate a district campus as provided by Section 11.174; [and]
(2)  a charter granted by a school district for a program operated by an entity that has entered into a contract under Section 11.174, provided that the district does not appoint a majority of the governing body of the charter holder; and
(3)  a school district that contracts with an open-enrollment charter school to jointly operate a campus or campus program as provided by Section 39A.101(e).
(b)  Notwithstanding any other provision of this chapter or Chapter 41, a school district subject to this section is entitled to receive for each student in average daily attendance at the campus or program described by Subsection (a) an amount equivalent to the difference, if the difference results in increased funding, between:
(1)  the amount described by Section 12.106; and
(2)  the amount to which the district would be entitled under this chapter.
SECTION ____.  Section 39A.101(e), Education Code, as added by this Act, and Section 42.2511, Education Code, as amended by this Act, apply beginning with the 2019-2020 school year.

Amendment No. 4 - Point of Order

Representative M. González 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.

CSSB 1412, as amended, was passed to third reading.

GENERAL STATE CALENDAR
(consideration continued)

SB 511 ON SECOND READING
(Clardy - House Sponsor)

SB 511, A bill to be entitled An Act relating to the installation of unsafe motor vehicle tires; providing a civil penalty.

SB 511 was passed to third reading. (Flynn recorded voting no.)

CSSB 10 ON SECOND READING
(Zerwas, Price, Button, Allison, Coleman, et al. - House Sponsors)

CSSB 10, A bill to be entitled An Act relating to the creation of the Texas Mental Health Care Consortium.

CSSB 10 - POINT OF ORDER

Representative Stickland raised a point of order against further consideration of CSSB 10 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is inaccurate.

RECESS

At 5:48 p.m., the chair announced that the house would stand recessed until 6:30 p.m. today.

NIGHT SESSION

The house met at 7:12 p.m. and was called to order by the speaker.

CSSB 10 - (pending business)

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

RULING BY THE SPEAKER
on Senate Bill 10

Announced in the House on May 21, 2019

Representative Stickland raises a point of order against further consideration of CSSB 10 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is inaccurate because it fails to adequately analyze the bill's provisions.
Mr. Stickland identifies two sets of the bill's provisions that are not adequately addressed by the bill analysis. The analysis does not specify the health-related institutions of higher education that are members of the consortium. It also does not address the details of the members who compose the consortium's executive committee and their method of appointment.
CSSB 10 creates the consortium and each element of the bill is related to its duties, operation, and funding. Significantly, the consortium may receive and spend state appropriations and the bill authorizes the consortium, in turn, to use these appropriations to direct spending to its member institutions of higher education.
The sole purpose of the bill is to create the Mental Health Care Consortium. Given the executive committee's authority to spend state money on its own members, specific information concerning the consortium's membership and the composition of its governing committee is material information that a reasonable member would consider critical to casting an informed vote on whether to create the consortium and provide the consortium authority to spend state funds. Because the bill analysis omits this material information, it does not comply with the rule. E.g., 86 H. Jour. 4186 (2019) (sustaining point of order against SB 295).
Accordingly, the point of order is well-taken and sustained.

CSSB 10 was returned to the Committee on Public Health.

COMMITTEE GRANTED PERMISSION TO MEET

Representative Morrison requested permission for the Committee on Local and Consent Calendars to meet while the house is in session, at 7:30 p.m. today, in 1W.14, to consider an addendum to the calendar.

Permission to meet was granted.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

Local and Consent Calendars, 7:30 p.m. today, 1W.14, for a formal meeting, to consider an addendum to the calendar.

SB 20 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative J. González as a co-sponsor to SB 20.

The motion prevailed.

SB 1754 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Burns as a house sponsor to SB 1754.

The motion prevailed.

SB 405 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Burns as a house sponsor to SB 405.

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. 4).

SB 562 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Collier moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives S. Thompson and Rose as house sponsors to SB 562.

The motion prevailed.

SB 559 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative S. Thompson moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Lopez as a house sponsor to SB 559.

The motion prevailed.

GENERAL STATE CALENDAR
(consideration continued)

SB 559 ON SECOND READING
(Hinojosa, Walle, Guerra, S. Thompson, and Lopez - House Sponsors)

SB 559, A bill to be entitled An Act relating to patient records regarding maternal death.

Amendment No. 1

Representative Walle offered the following amendment to SB 559:

Amend SB 559 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 32, Health and Safety Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. MATERNAL MENTAL HEALTH PEER SUPPORT PILOT PROGRAM
Sec. 32.101.  DEFINITIONS. In this subchapter:
(1)  "Peer support service" means a service provided by a peer support specialist to a person with mental illness or substance abuse conditions in accordance with commission rules regarding peer specialists.
(2)  "Perinatal mood and anxiety disorder" includes any of the following psychiatric illnesses, as defined by the American Psychiatric Association in the Diagnostic and Statistical Manual (DSM), that occur during pregnancy or within 12 months postpartum:
(A)  bipolar disorder, including hypomanic, manic, depressive, and mixed types;
(B)  major depressive disorder, including single-episode and recurrent types;
(C)  generalized anxiety disorder;
(D)  obsessive-compulsive disorder;
(E)  paranoid or other psychotic disorder; and
(F)  post-traumatic stress disorder.
(3)  "Pilot program" means the maternal mental health peer support pilot program established under this subchapter.
Sec. 32.102.  ESTABLISHMENT OF PILOT PROGRAM. (a) The commission shall establish and operate the maternal mental health peer support pilot program to reduce the risk and manage the effects of perinatal mood and anxiety disorders in women through the delivery of peer support services at federally qualified health centers located in the geographic areas in which the pilot program operates.
(b)  The commission shall establish the pilot program in five counties in this state that:
(1)  either:
(A)  are within an area designated as a mental health professional shortage area; or
(B)  have high rates of maternal mortality and morbidity as determined by the commission in consultation with the Maternal Mortality and Morbidity Task Force established under Chapter 34; and
(2)  include at least one rural county and one county with a population of at least 500,000.
Sec. 32.103.  OPERATION OF PILOT PROGRAM. (a) In establishing the pilot program, the commission shall:
(1)  develop a strategy for federally qualified health centers participating in the pilot program and persons responsible for training to collaborate on the training, certification, and guidance of peer support specialists in accordance with existing state procedures and programs;
(2)  seek comments regarding best practices for the design and implementation of the pilot program from relevant interested persons, including federally qualified health centers, mental health care providers, local mental health authorities, certified peer support specialists and affiliated organizations, women's health care providers, and individuals who have personal experience with perinatal mood and anxiety disorders;
(3)  develop specialized training to:
(A)  identify and treat symptoms of perinatal mood and anxiety disorders; and
(B)  provide peer support services to pregnant women and new mothers;
(4)  develop a strategy for federally qualified health centers and peer support specialists participating in the pilot program to provide peer support services through any form of telephonic communication;
(5)  develop a strategy with federally qualified health centers participating in the pilot program to integrate the delivery of peer support services with the health care services provided by the centers to women during pregnancy and within one year of giving birth;
(6)  create a protocol within federally qualified health centers participating in the pilot program for referring to peer support services women who are diagnosed as having or identified as being at risk of developing a perinatal mood and anxiety disorder;
(7)  ensure that services provided by peer support specialists under the pilot program are within the scope of a duty of care prescribed by commission rule for peer support specialists who provide similar services; and
(8)  develop a method for collecting data, including by consulting with the Maternal Mortality and Morbidity Task Force and other relevant entities regarding the data, on:
(A)  maternal health and mental health outcomes; and
(B)  substance use by women receiving peer support services through the pilot program.
(b)  A peer support specialist who provides peer support services through the pilot program at a federally qualified health center shall:
(1)  provide peer support services to women who:
(A)  based on the results of a postpartum depression screening or other screening tool, are diagnosed as having or identified as being at risk of developing a perinatal mood and anxiety disorder; and
(B)  are interested in receiving peer support services; and
(2)  through the use of the specialist's personal experience with perinatal mood and anxiety disorders:
(A)  provide guidance to the women;
(B)  if necessary, advocate for the women to receive mental health care services or other specialized health care services; and
(C)  provide the women with information on mental health care resources as necessary.
Sec. 32.104.  FUNDING. In addition to money appropriated by the legislature, the commission may accept gifts, grants, and donations from any source for the purpose of establishing the pilot program and compensating peer support specialists under the pilot program.
Sec. 32.105.  REPORT. Not later than January 1, 2021, the commission shall prepare and submit to the governor, lieutenant governor, and legislature a written report that:
(1)  evaluates the success of the pilot program in reducing perinatal mood and anxiety disorders and substance use in women who received peer support services under the pilot program; and
(2)  recommends whether the pilot program should be continued, expanded, or terminated.
Sec. 32.106.  EXPIRATION. This subchapter expires September 1, 2023.
SECTION ____.  (a) Not later than December 31, 2019, the executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to establish the pilot program as required by Subchapter E, Chapter 32, Health and Safety Code, as added by this Act.
(b) Not later than June 30, 2020, the Health and Human Services Commission shall establish the pilot program as required by Subchapter E, Chapter 32, Health and Safety Code, as added by this Act.

Amendment No. 1 was adopted.

SB 559, as amended, was passed to third reading.

SB 560 ON SECOND READING
(Smithee - House Sponsor)

SB 560, A bill to be entitled An Act relating to a plan and report on court-ordered representation for certain suits affecting the parent-child relationship.

Amendment No. 1

Representative Wu offered the following amendment to SB 560:

Amend SB 560 (house committee report) as follows:
(1)  On page 1, line 23, strike "and".
(2)  On page 2, line 1, between "representation" and the underlined period, insert the following:
; and
(3)  information on whether the court is complying with Chapter 37, including the lists and the rotation system required by that chapter

Amendment No. 1 was adopted.

SB 560, as amended, was passed to third reading.

SB 230 ON SECOND READING
(Guillen - House Sponsor)

SB 230, A bill to be entitled An Act relating to a landowner's liability for injuries incurred during certain recreational activities.

SB 230 was passed to third reading.

PROVIDING FOR AN ADDENDUM TO
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

On motion of Representative Morrison and by unanimous consent, the Committee on Local and Consent Calendars was granted permission to add SB 390 and SB 1147 in an addendum to the local, consent, and resolutions calendar set for 9 a.m. tomorrow.

(Goldman in the chair)

SB 706 ON SECOND READING
(Guerra - House Sponsor)

SB 706, A bill to be entitled An Act relating to an investigation unit within the Health and Human Services Commission for certain illegally operating child-care facilities.

SB 706 was passed to third reading. (Flynn recorded voting no.)

SB 819 ON SECOND READING
(Phelan - House Sponsor)

SB 819, A bill to be entitled An Act relating to state agency electronic information and processes.

SB 819 was passed to third reading.

CSSB 562 ON SECOND READING
(Price, Collier, S. Thompson, and Rose - House Sponsors)

CSSB 562, A bill to be entitled An Act relating to criminal or juvenile procedures regarding persons who are or may be persons with a mental illness or intellectual disability.

CSSB 562 - REMARKS

REPRESENTATIVE PRICE: CSSB 562 addresses the current backlog that exists within our state hospital system. This bill was developed with the help of the Texas Judicial Council. It would ensure that the best facility for a defendant to receive competency restoration is determined at the forefront rather than waiting for the defendant to be sent to a maximum security unit or an MSU before determining the most appropriate treatment setting. CSSB 562 also authorizes HHSC's Dangerousness Review Board to assess the dangerousness of a defendant sent by HHSC to an MSU anytime before the defendant's competency is restored to determine whether another facility is the most adequate place for treatment. The process will be organized in a more efficient manner to ensure review of the defendant occurs earlier to avoid unnecessary and improper placement of an individual into an MSU facility. I believe there's one amendment.

Amendment No. 1

Representative Moody offered the following amendment to CSSB 562:

Amend CSSB 562 (house committee report) as follows:
(1)  On page 14, lines 11 and 12, strike "the Code of Criminal Procedure" and substitute "Chapter 46B or 46C, Code of Criminal Procedure".
(2)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Article 55.01, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (a-4) to read as follows:
(a)  A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
(1)  the person is tried for the offense for which the person was arrested and is:
(A)  acquitted by the trial court, except as provided by Subsection (c); or
(B)  convicted and subsequently:
(i)  pardoned for a reason other than that described by Subparagraph (ii); or
(ii)  pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person's actual innocence; or
(2)  the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Chapter 42A for the offense, unless the offense is a Class C misdemeanor, provided that:
(A)  regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested:
(i)  has not been presented against the person at any time following the arrest, and:
(a)  at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;
(b)  at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;
(c)  at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or if there was a felony charge arising out of the same transaction for which the person was arrested; or
(d)  the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person; or
(ii)  if presented at any time following the arrest, was dismissed or quashed, and  the court finds that the indictment or information was dismissed or quashed because:
(a)  the person completed a veterans treatment court program created under Chapter 124, Government Code, or former law, subject to Subsection (a-3);
(b)  the person completed a mental health court program created under Chapter 125, Government Code, or former law, subject to Subsection (a-4);
(c)  the person completed a pretrial intervention program authorized under Section 76.011, Government Code, other than a veterans treatment court program created under Chapter 124, Government Code, or former law, or a mental health court program created under Chapter 125, Government Code, or former law;
(d) [(c)]  the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense; or
(e) [(d)]  the indictment or information was void; or
(B)  prosecution of the person for the offense for which the person was arrested is no longer possible because the limitations period has expired.
(a-4)  A person is eligible under Subsection (a)(2)(A)(ii)(b) for an expunction of arrest records and files only if:
(1)  the person has not previously received an expunction of arrest records and files under that sub-subparagraph; and
(2)  the person submits to the court an affidavit attesting to that fact.
SECTION ____.  Section 1a, Article 55.02, Code of Criminal Procedure, is amended by adding Subsection (a-2) to read as follows:
(a-2)  A trial court dismissing a case following a person's successful completion of a mental health court program created under Chapter 125, Government Code, or former law, if the trial court is a district court, or a district court in the county in which the trial court is located may, with the consent of the attorney representing the state, enter an order of expunction for a person entitled to expunction under Article 55.01(a)(2)(A)(ii)(b) not later than the 30th day after the date the court dismisses the case or receives the information regarding that dismissal, as applicable. Notwithstanding any other law, a court that enters an order for expunction under this subsection may not charge any fee or assess any cost for the expunction.
SECTION ____.  Article 102.006(a), Code of Criminal Procedure, is amended to read as follows:
(a)  In addition to any other fees required by other law and except as provided by Subsections [Subsection] (b) and (b-1), a petitioner seeking expunction of a criminal record in a district court shall pay the following fees:
(1)  the fee charged for filing an ex parte petition in a civil action in district court;
(2)  $1 plus postage for each certified mailing of notice of the hearing date; and
(3)  $2 plus postage for each certified mailing of certified copies of an order of expunction.
SECTION ____.  Article 102.006(b), Code of Criminal Procedure, as amended by Chapters 693 (HB 322) and 1149 (HB 557), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:
(b)  The fees under Subsection (a) or the fee under Subsection (a-1), as applicable, shall be waived if the petitioner [:
[(1)]  seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense described by Article 55.01(c), and the petition for expunction is filed not later than the 30th day after the date of the acquittal [; or
[(2)     is entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) after successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law].
SECTION ____.  Article 102.006, Code of Criminal Procedure, is amended by adding Subsection (b-1) to read as follows:
(b-1)  The fees under Subsection (a) shall be waived if the petitioner is entitled to expunction:
(1)  under Article 55.01(a)(2)(A)(ii)(a) after successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law; or
(2)  under Article 55.01(a)(2)(A)(ii)(b) after successful completion of a mental health court program created under Chapter 125, Government Code, or former law.
SECTION ____.  Section 125.001, Government Code, is amended to read as follows:
Sec. 125.001.  MENTAL HEALTH COURT PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "mental health court program" means a program that has the following essential characteristics:
(1)  the integration of mental illness treatment services and mental retardation services in the processing of cases in the judicial system;
(2)  the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
(3)  early identification and prompt placement of eligible participants in the program;
(4)  access to mental illness treatment services and mental retardation services;
(5)  ongoing judicial interaction with program participants;
(6)  diversion of potentially mentally ill or mentally retarded defendants to needed services as an alternative to subjecting those defendants to the criminal justice system;
(7)  monitoring and evaluation of program goals and effectiveness;
(8)  continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
(9)  development of partnerships with public agencies and community organizations, including local mental retardation authorities.
(b)  If a defendant successfully completes a mental health court program, after notice to the attorney representing the state and a hearing in the mental health court at which that court determines that a dismissal is in the best interest of justice, the mental health court shall provide to the court in which the criminal case is pending information about the dismissal and shall include all of the information required about the defendant for a petition for expunction under Section 2(b), Article 55.02, Code of Criminal Procedure. The court in which the criminal case is pending shall dismiss the case against the defendant and:
(1)  if that trial court is a district court, the court may, with the consent of the attorney representing the state, enter an order of expunction on behalf of the defendant under Section 1a(a-2), Article 55.02, Code of Criminal Procedure; or
(2)  if that trial court is not a district court, the court may, with the consent of the attorney representing the state, forward the appropriate dismissal and expunction information to enable a district court with jurisdiction to enter an order of expunction on behalf of the defendant under Section 1a(a-2), Article 55.02, Code of Criminal Procedure.
SECTION ____.  Chapter 125, Government Code, is amended by adding Sections 125.0025 and 125.005 to read as follows:
Sec. 125.0025.  ESTABLISHMENT OF REGIONAL PROGRAM. The commissioners courts of two or more counties may elect to establish a regional mental health court program under this chapter for the participating counties.
Sec. 125.005.  PROGRAM IN CERTAIN COUNTIES MANDATORY. (a) The commissioners court of a county with a population of more than 200,000 shall:
(1)  establish a mental health court program under Section 125.002; and
(2)  direct the judge, magistrate, or coordinator to comply with Section 121.002(c)(1).
(b)  A county required under this section to establish a mental health court program shall apply for federal and state funds available to pay the costs of the program. The criminal justice division of the governor's office may assist a county in applying for federal funds as required by this subsection.
(c)  Notwithstanding Subsection (a), a county is required to establish a mental health court program under this section only if:
(1)  the county receives federal or state funding specifically for that purpose; and
(2)  the judge, magistrate, or coordinator receives the verification described by Section 121.002(c)(2).
(d)  A county that does not establish a mental health court program as required by this section and maintain the program is ineligible to receive funds for a community supervision and corrections department from the state.
SECTION ____.  (a)  Except as provided by Subsection (b) of this section, the changes in law made to Articles 55.01 and 55.02, Code of Criminal Procedure, apply to the expunction of arrest records and files for a person who successfully completes a mental health court program under Chapter 125, Government Code, or former law before, on, or after the effective date of this Act, regardless of when the underlying arrest occurred.
(b)  The change in law made by this Act to Article 102.006, Code of Criminal Procedure, applies to the fees charged or costs assessed for an expunction order entered on or after the effective date of this Act, regardless of whether the underlying arrest occurred before, on, or after the effective date of this Act.
(c)  For a person who is entitled to expunction under Article 55.01(a)(2)(A)(ii)(b), Code of Criminal Procedure, as amended by this Act, based on a successful completion of a mental health court program under Chapter 125, Government Code, or former law before the effective date of this Act, notwithstanding the 30-day time limit provided for the court to enter an automatic order of expunction under Section 1a(a-2), Article 55.02, Code of Criminal Procedure, as added by this Act, the court may, with the consent of the attorney representing the state, enter an order of expunction for the person as soon as practicable after the court receives written notice from any party to the case about the person's entitlement to the expunction.

AMENDMENT NO. 1 - REMARKS

REPRESENTATIVE MOODY: I know we're at a late hour, but I also know this is a 10-page amendment, so I don't want anyone to think that we're sneaking anything through here. I want to make sure that you understand that this is vetted policy that landed in the senate. It has some issues we've got to resolve over there, but in the meantime, we can certainly attach it here. This is actually the language from HB 1320, which passed 9-0 out of the Committee on Criminal Jurisprudence and also on this house floor passed out 131-7. So that gives you the legislative history of it. It's a bill that updates our mental health specialty courts to have the same dismissal and expunction on completion and sets in mechanisms that have proven effective in our drug courts and makes them mandatory for large counties. Now, I want to come back to that because there was some consternation about that in committee that we were able to resolve. Because the language looks likes it's mandatory and if it's not complied with then the county could lose funding. So I do want to address that to allay the fears of some folks in the counties because that's not the intent nor is that what the language of the legislation accomplishes.
Chairman Coleman and I have worked on this for some time, but before I got here, Chairman Coleman created these mental health courts. And if you're familiar with typical drug courts or specialty courts of that nature, this is a similar function and a similar construct to that in that if there is a mental health issue that's distinctly tied to the commission of the offense and the district attorney––and this is important because a key component of all these specialty courts, because there's a pretty solid carrot at the end of the road there, is that the DA has the gatekeeper function. So if they don't say you get into it, you don't get into it. But if they say you get into it and you complete the programs and you're monitored––it's essentially like an intensive probate.

REPRESENTATIVE NEVÁREZ: Representative Moody, you were talking about specialty courts and what the DA––and maybe I didn't hear you correctly––but what you're talking about is the DA actually diverting to a specialty court or have it be placed in a regular court of general jurisdiction. Maybe I wasn't following that correctly. Can you tell me again?

MOODY: So some crime comes down the way, you're charged with it, and––let's take the example of veterans courts. We have those in a myriad of counties today. So someone has a service-connected disability that then also has a nexus to the crime that they're being charged with. Maybe it's a drug-related crime––and that typically is the case. Maybe it's a violent crime that's tied to substance use disorder that's somehow tied to the service-connected disability––traumatic brain injury or whatever it is. The DA gets to say, "I see the nexus. I agree that there is some connection between the two. So I'm going to allow you to participate in the program." Because once they allow you to participate in the program, the carrot is if you successfully complete, you can actually end up at the end of the road with an expunction and a clean record as it pertains to that official offense.

NEVÁREZ: Now, take it one step further, Representative Moody. And I hope you know the answer to this.

MOODY: Me, too.

NEVÁREZ: May a judge make the call and say, "You know what, Mr. Prosecutor? Your defendant may benefit from being in this type of court for the reason that I see the nexus and maybe you don't see it." Is that possible?

MOODY: I think there's a healthy discussion. I know at least in the jurisdiction that I'm from, there's a healthy discussion between the judges of these specialty courts and the DA's office because as a part of the program there is a representative from the prosecutor's office at the table in these specialty courts. In fact, when I was at the DA's office in El Paso, I served as the representative on various occasions in the DWI drug court in the misdemeanor world. So there is certainly a healthy dialogue between the DA's office and the judges that manage these dockets.

NEVÁREZ: I might posit to you, Representative Moody, that we can also have police involved in that because they might be a little bit closer to identifying the nexus, since they're the ones actually investigating the offense from the ground level up, and be able to make a recommendation at some point. It's a good discussion to have in the future at some point that they're the ones that can actually do that. Do you think that might not be something we can consider? Maybe not tonight but some other time.

MOODY: I certainly think that that's an important part of the discussion. Under the constructs that we have now, law enforcement does play a role, but to your point, it's kind of after the fact. Right? Someone's already in the specialty court. So involving them at the front end in being able to identify those issues––and we're starting to do that. We're training our officers. I know that in El Paso we have a new program where we're getting mental health experts in the field with our law enforcement. I think actually various jurisdictions have this. These are the crisis intervention teams. So we're starting to fold that decision-making in at the front end. It's certainly not statewide yet, and so this is a way that at least in the large counties if you've got a docket of individuals that may have mental health issues and that bears a nexus to the crime they're being charged with, we might be willing to give them an opportunity to get their record cleared. Because as you well know, and we've had discussions over the last four years during the last couple of sessions, we've dealt with mental illness, unfortunately, by just throwing them into the criminal justice system. I see Chairman Coleman behind you, and he'll be the first to tell you that the largest provider of mental health care services in this state is the Harris County jail system. We need to stop that, and that's what this is aimed to do.

NEVÁREZ: You would agree with me that Representative Price has done a lot of work not just overall in mental health, but he's done a really good job of branching out in the different areas that we need to look at the last few sessions. I think this is a good continuation of that, and I think your amendment is good.

MOODY: If you're looking for me to compliment Mr. Price, I'm happy to do that. I think he's done an outstanding job in this arena.

REPRESENTATIVE KRAUSE: Just looking over your amendment, are you creating these mental health specialty courts in this amendment? Are those already set up or is this something new we're creating?

MOODY: No, the construct exists, and the gentleman standing behind you is the one that actually created them long before we got here––not too long, sorry. So the construct exists. The problem is we have no real incentive to make counties do that. So what this does is it says that you've got to go look for grant funding. And this goes back to the point when I laid this out, where the counties were worried that it was an unfunded mandate. I know we're very conscious of not doing that. So let's be very clear. This is not an unfunded mandate. What this says is we're going to require you to do one thing––go look for grant funding to pay for this and if you find it, then you have to do it. And so the only instance––and it's not even unfunded––the only instance in which this becomes a mandate is if a county goes out, puts a plan together, finds the money, and then goes, "Well, we're not going to do it." And I just don't think that's reality. I think what will happen is they'll go find those funds––and they exist at the federal level and state level. They find those funds, and then they put together a program that works for folks. So I want people to know because the concern was raised in committee, but I think you should take note of the committee vote. The concern was addressed because they understand that the only mandatory thing we're making them do is to go try to find the funding. That's it.

REPRESENTATIVE COLEMAN: Representative Moody, first of all, you looked at the mental health courts, both felony and misdemeanor courts, and saw they weren't being used as much as they could be. Is that correct?

MOODY: That is correct. It is a construct some counties have done very well with, but I know––and I know you know this better than I do––that if we give people the opportunity, we push them along a little bit, and they're able to find funds for this, this could really pay dividends in their community.

COLEMAN: Yes, and you know that if somebody has a mental illness, has committed a crime, and ends up in a court, the worst place for them to be is in jail. Isn't that correct?

MOODY: Yes, and typically in those situations you're just going to exacerbate the issues that they're suffering from. We have for a very long time dealt with mental health and substance use issues by jamming people into the criminal justice system. We're starting to turn away from that. We talk about ending the stigma, and we talk about treating the mental health care crisis like a health care crisis and not a criminal justice crisis. So we're starting to turn that corner. We're certainly getting there, but we're not there yet. This would be one way to extricate some of those individuals from the criminal justice system.

COLEMAN: And Ms. Thompson did the first drug and alcohol courts because people who had drug and alcohol problems weren't going to get better in jail, right?

MOODY: I've represented clients that if they have a substance abuse issue, the quickest thing they want to do is take jail time and get back out and go about their business. But you do have an obligation as a defense attorney to try and represent their interests. This is a human being. You certainly see that those folks could be better served being in a program like that, maybe helping lift themselves up from the substance use disorder or if they're suffering from mental illness get the right treatment, get to the right professional.

COLEMAN: And you would agree––and I heard someone mention it earlier––that for our veterans that have been in combat and other situations, that the veterans courts that deal with both mental health and substance abuse issues and particularly post traumatic stress disorder and trauma, have worked extremely well.

MOODY: Oh, absolutely. And I guess I'm a little bit biased. You know my dad was here the other day. He actually presides over the veterans court in El Paso, and the success rates there are amazing. I've been to their graduations. I know some of you have probably been invited to the veterans court graduations in your jurisdictions. Lives are being changed. And maybe it's just one life at a time, but that makes the difference to that person on that day.

COLEMAN: Well, thank you for bringing this amendment on mental health courts and showing people the pathway to get funded.

MOODY: Well, thank you for showing us the way on how to get it done in the first place.

A record vote was requested by Representative Stickland.

Amendment No. 1 was adopted by (Record 1594): 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; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; 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; 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; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Leach.

CSSB 562 - REMARKS

PRICE: Members, I appreciate your indulgence on this. CSSB 562 would allow for the competency restoration to defendants who need it most at the outset rather than at the back end where these individuals are deteriorating in jail. I would appreciate your favorable consideration, and I move passage.

REPRESENTATIVE LARSON: Four, we were talking about this earlier, about the condition of the state hospital system. In San Antonio, obviously, we've made some changes. We've moved some of the populations in and consolidated. Can you sort of give me or give everyone an understanding of the status of our state hospital system?

PRICE: So why this bill is necessary and how it affects the state hospital system is demand for inpatient psychiatric care––including competency restoration and treatment for persons who are found guilty by reason of insanity––that exceeds the existing capacity of the state hospitals and other state-funded facilities. So what happens is in all of our county jails what we end up with is certain individuals who need mental health treatment. They need restoration, but they don't have space in the state hospitals, and so they languish for, in many cases, hundreds of days before they can be transported to a state hospital. And in some cases the legal criteria rather than the clinical necessity is what's determining which facility they go to. So there's already in statute a laundry list of crimes that if they are alleged to have committed, they will go to Vernon because it is a maximum security unit. And so what we do now is we wait for a space to open up. We send them to Vernon, and then they're clinically evaluated. And if they're not dangerous––if they committed an aggravated assault, for example, but they don't need to stay in a maximum security unit––then they will transfer them to another one of our state hospitals. And that's a very cumbersome system. It's an archaic statute.
What we're doing with CSSB 562 is saying, let's evaluate them clinically on the front end. If they never need to go to Vernon then we can get them out of the county jail. We can take them to a facility or state hospital somewhere where they can be treated correctly and their competency restored, for instance. We don't have to send them to Vernon just because they committed one of these seven or eight offenses. And so it really will help reduce the backlog not just at Vernon but in all these other state hospitals and move patients into the places where they can get the treatment better and quicker. I think it will be more effective. It'll help our county jails, too.

LARSON: And the Bexar County model––I know that you brought the committee down twice over the last few years looking at the diversion programs and looking at how we've set up the mental health aspect of it, along with job training in the private sector integrated with some facilities right there as well––I believe that was part of the solution that you've got built into this.

PRICE: It makes a difference, and seeing how that is affecting some of our local counties––just the cost to house some of the individuals for an extended period of time. I know folks here from Harris County will say that their county jail is the largest mental health treatment center anywhere, and that shouldn't be the way it is. So this is just one incremental step. It's not going to totally solve the problem, but it is going to make a big difference This is something that the Judicial Council wants. It's something we've talked to a lot of leaders in mental health about, but we've also talked to law enforcement and sheriffs, and it's a bill that's widely supported.

REMARKS ORDERED PRINTED

Representative Coleman moved to print all remarks on CSSB 562.

The motion prevailed.

COLEMAN: Also, I have just a brief question. Bexar County has been a leader in these areas hasn't it?

PRICE: Yes, Bexar County has been very much at the forefront along with Harris County in many aspects such as creating step-down treatment centers. The spectrum of care is being completed in a very productive way, I think. They've created diversion programs long before a lot of counties had the ability to do that or think about it. And so it's helped not only law enforcement and helped them focus on what they want to do, but it's helped folks who don't need to be in the criminal justice system get treatment. So I think it's been a win-win.

COLEMAN: Well, thank you for all your work and the rest of the work of the people here in the house and senate on these important issues.

(Speaker in the chair)

CSSB 562, as amended, was passed to third reading.

SB 815 - NOTICE GIVEN

At 8:44 p.m., pursuant to the provisions of Rule 7, Section 37(c), of the House Rules, Representative Goldman gave notice that he would, in one hour, move to reconsider the vote by which SB 815 failed to pass by Record No. 1561.

GENERAL STATE CALENDAR
(consideration continued)

SB 869 ON SECOND READING
(Parker - House Sponsor)

SB 869, A bill to be entitled An Act relating to guidelines for policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.

SB 869 was passed to third reading.

SB 1564 ON SECOND READING
(Klick - House Sponsor)

SB 1564, A bill to be entitled An Act relating to access to medication-assisted treatment for opioid use disorder under Medicaid.

Amendment No. 1

Representative Sheffield offered the following amendment to SB 1564:

Amend SB 1564 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.03115 to read as follows:
Sec. 32.03115.  REIMBURSEMENT FOR MEDICATION-ASSISTED TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this section, "medication-assisted opioid or substance use disorder treatment" means the use of methadone, buprenorphine, oral buprenorphine/naloxone, or naltrexone to treat opioid or substance use disorder.
(b)  Notwithstanding Sections 531.072 and 531.073, Government Code, or any other law and subject to Subsections (c) and (d), the commission shall provide medical assistance reimbursement for medication-assisted opioid or substance use disorder treatment without requiring a recipient of medical assistance or health care provider to obtain prior authorization or precertification for the treatment.
(c)  The duty to provide medical assistance reimbursement for medication-assisted opioid or substance use disorder treatment under Subsection (b) does not apply with respect to:
(1)  a prescription for methadone;
(2)  a recipient for whom medication-assisted opioid or substance use disorder treatment is determined to be medically contraindicated by the recipient's physician; or
(3)  a recipient who is subject to an age-related restriction applicable to medication-assisted opioid or substance use disorder treatment.
(d)  The commission may provide medical assistance reimbursement for medication-assisted opioid or substance use disorder treatment only if the treatment is prescribed to a recipient of medical assistance by a licensed health care provider who is authorized to prescribe methadone, buprenorphine, oral buprenorphine/naloxone, or naltrexone.
(e)  This section expires August 31, 2023.
SECTION ____.  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.

Amendment No. 1 was adopted.

Amendment No. 2

Representative J.D. Johnson offered the following amendment to SB 1564:

Amend SB 1564 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Sections 481.0765(a) and (b), Health and Safety Code, are amended to read as follows:
(a)  A prescriber is not subject to the requirements of Section 481.0764(a) if:
(1)  the patient has been diagnosed with cancer or sickle cell disease or the patient is receiving hospice care; and
(2)  the prescriber clearly notes in the prescription record that the patient was diagnosed with cancer or sickle cell disease or is receiving hospice care, as applicable.
(b)  A dispenser is not subject to the requirements of Section 481.0764(a) if it is clearly noted in the prescription record that the patient has been diagnosed with cancer or sickle cell disease or is receiving hospice care.
SECTION ____.  Section 481.0765, Health and Safety Code, as amended by this Act, applies only to a prescription issued on or after the effective date of this Act. A prescription issued before the effective date of this Act is governed by the law in effect on the date the prescription is issued, and the former law is continued in effect for that purpose.

Amendment No. 2 was adopted.

SB 1564, as amended, was passed to third reading.

CSSB 20 - VOTE RECONSIDERED

Representative Murphy moved to reconsider the vote by which CSSB 20, as amended, was passed to third reading by Record No. 1586.

The motion to reconsider prevailed.

CSSB 20 ON SECOND READING
(S. Thompson, Krause, Collier, White, Y. Davis, et al. - House Sponsors)

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

CSSB 20, A bill to be entitled An Act relating to reporting regarding, investigation of, prosecution of, criminal and civil penalties for, and other consequences of prostitution, trafficking of persons, and related criminal offenses, to services and compensation available to victims of those offenses, and to orders of nondisclosure for persons who committed certain of those offenses.

CSSB 20 was read second time earlier today and was passed to third reading, as amended, by Record No. 1586.

Amendment No. 4 - Vote Reconsidered

Representative Murphy moved to reconsider the vote by which Amendment No. 4 was adopted by Record No. 1584.

The motion to reconsider prevailed.

Amendment No. 4 was withdrawn.

CSSB 20, as amended, was passed to third reading.

GENERAL STATE CALENDAR
(consideration continued)

SB 1676 ON SECOND READING
(Dutton - House Sponsor)

SB 1676, A bill to be entitled An Act relating to suits affecting the parent-child relationship and the enforcement of child support.

Amendment No. 1

Representative Dutton offered the following amendment to SB 1676:

Amend SB 1676 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Sections 231.103(a) and (c), Family Code, are amended to read as follows:
(a)  The Title IV-D agency may:
(1)  charge a reasonable application fee;
(2)  charge an [a $25] annual service fee; and
(3)  to the extent permitted by federal law, recover costs for the services provided in a Title IV-D case.
(c)  The [An] application and service fees [fee] may not exceed the [a] maximum amounts [amount] established by federal law.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Dutton offered the following amendment to SB 1676:

Amend SB 1676 (house committee report) on page 4, line 10, between "federal law" and the underlined comma, by inserting "and subject to Chapter 804, Government Code".

Amendment No. 2 was adopted.

Amendment No. 3

Representative Dutton offered the following amendment to SB 1676:

Amend SB 1676 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter A, Chapter 153, Family Code, is amended by adding Section 153.016 to read as follows:
Sec. 153.016.  DEPENDENT ON THE COURT. For purposes of a suit affecting the parent-child relationship, a child is considered to be a dependent on the court if:
(1)  the child does not have available a parent or guardian to provide custody and care of the child;
(2)  a court has asserted jurisdiction over the child under this title; and
(3)  a court has entered orders concerning conservatorship or possession of, access to, or support for the child.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Sanford offered the following amendment to SB 1676:

Amend SB 1676 (house committee report) is amended by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter F, Chapter 153, Family Code, is amended by adding Section 153.3115 to read as follows:
Sec. 153.3115.  RIGHT TO ALTERNATIVE EQUAL ACCESS STANDARD POSSESSION ORDER. (a) Unless the court finds that an alternative equal access standard possession order under Section 153.318, or an election under that order, is not in the best interest of the child, a conservator may elect to increase the times of possession to which the conservator would otherwise be entitled under Sections 153.312, 153.314, and 153.315 by requesting an alternative equal access standard possession order under Section 153.318.
(b)  A conservator must make an election under Subsection (a) before or at the time a possession order is rendered.
(c)  An election under Subsection (a) may be made:
(1)  in a written document filed with the court; or
(2)  through an oral statement made in open court on the record.
SECTION ____.  Subchapter F, Chapter 153, Family Code, is amended by adding Section 153.318 to read as follows:
Sec. 153.318.  ALTERNATIVE EQUAL ACCESS POSSESSION ORDER. (a) If elected by a conservator under Section 153.3115 and subject to the limitations prescribed by that section, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for increased times of possession as a result of that conservator's election under one of the following arrangements:
(1)  an arrangement under which each parent has possession of the child for one week at a time, alternating weeks of possession with the other parent;
(2)  an arrangement under which possession of the child alternates between the parents for succeeding two-day alternating periods followed by alternating five-day periods; or
(3)  an arrangement under which each parent has possession of the child under a schedule specified by the court or agreed to by the parties, provided that the schedule provides the child, as reasonably as possible, approximately equal access to both conservators.
(b)  If under an arrangement elected under Subsection (a), one parent is granted possession of the child for a greater number of days than the other parent in a year, the other parent must be granted possession of the child for that same number of days in the following year.
(c)  The holiday and vacation schedules prescribed by this subchapter apply to an arrangement elected under Subsection (a).
(d)  The parents may modify an arrangement elected under Subsection (a) or the holiday or vacation schedule by mutual agreement.
(e)  A period of possession that begins or ends on a Friday or a Sunday under an arrangement elected under Subsection (b) is subject to the possession period extensions provided by Section 153.315.
SECTION ____.  The changes in law made by the addition of Sections 153.3115 and 153.318, Family Code, do not constitute a material and substantial change of circumstances sufficient to warrant modification of a court order or portion of a decree that provides for the possession of or access to a child rendered before the effective date of this Act.
SECTION ____.  Sections 153.3115 and 153.318, Family Code, as added by this Act apply to a suit affecting the parent-child relationship that is pending in a trial court on the effective date of this Act or that is filed on or after the effective date of this Act.

Amendment No. 4 was withdrawn.

Amendment No. 5

Representative Cain offered the following amendment to SB 1676:

Amend SB 1676 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 102.008(b), Family Code, is amended to read as follows:
(b)  The petition must include:
(1)  a statement that:
(A)  the court in which the petition is filed has continuing, exclusive jurisdiction or that no court has continuing jurisdiction of the suit; or
(B)  in a suit in which adoption of a child is requested, the court in which the petition is filed has jurisdiction of the suit under Section 103.001(b);
(2)  the name and date of birth of the child, except that if adoption of a child is requested, the name of the child may be omitted;
(3)  the full name of the petitioner and the petitioner's relationship to the child or the fact that no relationship exists;
(4)  the names of the parents, except in a suit in which adoption is requested;
(5)  the name of the managing conservator, if any, or the child's custodian, if any, appointed by order of a court of another state or country;
(6)  the names of the guardians of the person and estate of the child, if any;
(7)  the names of possessory conservators or other persons, if any, having possession of or access to the child under an order of the court;
(8)  the name of an alleged father of the child or a statement that the identity of the father of the child is unknown;
(9)  a full description and statement of value of all property owned or possessed by the child;
(10)  a statement describing what action the court is requested to take concerning the child and the statutory grounds on which the request is made;
(11)  a statement as to whether, in regard to a party to the suit or a child of a party to the suit:
(A)  there is in effect:
(i)  a protective order under Title 4;
(ii)  a protective order under Chapter 7A, Code of Criminal Procedure; or
(iii)  an order for emergency protection under Article 17.292, Code of Criminal Procedure; or
(B)  an application for an order described by Paragraph (A) is pending; and
(12)  any other information required by this title.
SECTION ____.  Section 103.001(b), Family Code, is amended to read as follows:
(b)  A suit in which adoption is requested may be filed in the county where the child resides or in the county where the petitioners reside, regardless of whether another court has continuing exclusive jurisdiction under Chapter 155.  Except as provided by Section 155.201, a [A] court that has continuing exclusive jurisdiction is not required to transfer the suit affecting the parent-child relationship to the court in which the adoption suit is filed.
SECTION ____.  Section 155.201, Family Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(a)  On the filing of a motion showing that a suit for dissolution of the marriage of the child's parents has been filed in another court and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship shall, within the time required by Section 155.204, transfer the proceedings to the court in which the dissolution of the marriage is pending.  
(a-1)  On the filing of a motion showing that a suit in which adoption of a child is requested has been filed in another court located in the county in which the child resides as provided by Section 103.001 and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship with regard to that child shall, within the time required by Section 155.204, transfer the proceedings to the court in which the suit for adoption is pending.
(a-2)  A [The] motion described by Subsection (a) or (a-1) must comply with the requirements of Section 155.204(a).
SECTION ____.  Section 155.204(a), Family Code, is amended to read as follows:
(a)  A motion to transfer under Section 155.201(a) or (a-1) may be filed at any time.  The motion must contain a certification that all other parties, including the attorney general, if applicable, have been informed of the filing of the motion.
SECTION ____.  Section 102.008(b), Family Code, as amended by this Act, applies to a petition in a suit affecting the parent-child relationship filed on or after the effective date of this Act. A petition filed before the effective date of this Act is governed by the law in effect on the date the petition was filed, and the former law is continued in effect for that purpose.
SECTION ____.  The changes in law made by this Act to Sections 103.001, 155.201, and 155.204, Family Code, apply to a motion to transfer a suit affecting the parent-child relationship filed on or after the effective date of this Act. A motion to transfer a suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect on the date that motion was filed, and the former law is continued in effect for that purpose.

Amendment No. 5 was adopted.

SB 1676, as amended, was passed to third reading.

SB 1017 ON SECOND READING
(Guerra, Muñoz, Guillen, Longoria, et al. - House Sponsors)

SB 1017, A bill to be entitled An Act relating to the creation of the advisory council on postsecondary education for persons with intellectual and developmental disabilities.

SB 1017 - POINT OF ORDER

Representative Middleton raised a point of order against further consideration of SB 1017 under Rule 4, Section 32(c)(2), of the House Rules on the grounds that the bill analysis is inaccurate.

(Leach now present)

The point of order was withdrawn.

Amendment No. 1

Representative Leman offered the following amendment to SB 1017:

Amend SB 1017 (house committee printing) on page 1, line 24, between "disabilities" and the underlined semi-colon, by inserting "with priority given to Texas residents".

Representative Guerra moved to table Amendment No. 1.

The motion to table was lost.

Amendment No. 1 was adopted.

SB 1017, as amended, was passed to third reading.

LEAVE OF ABSENCE GRANTED

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

Anchia on motion of C. Turner.

(Goldman in the chair)

CSSB 241 - VOTE RECONSIDERED

Representative Rodriguez moved to reconsider the vote by which CSSB 241, as amended, was passed to third reading.

The motion to reconsider prevailed.

CSSB 241 ON SECOND READING
(Longoria - House Sponsor)

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

CSSB 241, A bill to be entitled An Act relating to certain required reports received or prepared by state agencies and other governmental entities.

CSSB 241 was read second time earlier today and was passed to third reading, as amended.

Amendment No. 1 - Vote Reconsidered

Representative Rodriguez moved to reconsider the vote by which Amendment No. 1 was adopted.

The motion to reconsider prevailed.

Amendment No. 1 was withdrawn.

CSSB 241, as amended, was passed to third reading.

GENERAL STATE CALENDAR
(consideration continued)

SB 1056 ON SECOND READING
(Raney - House Sponsor)

SB 1056, A bill to be entitled An Act relating to the authority of physicians to delegate to certain pharmacists the implementation and modification of a patient's drug therapy.

SB 1056 was passed to third reading.

SB 1995 ON SECOND READING
(Paddie - House Sponsor)

SB 1995, A bill to be entitled An Act relating to the review of certain occupational licensing rules by the office of the governor.

Amendment No. 1

Representative Paddie offered the following amendment to SB 1995:

Amend SB 1995 (house committee report) on page 4, line 2, between "by" and "a license holder", by inserting "or to".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Paddie offered the following amendment to SB 1995:

Amend SB 1995 (house committee report) by striking page 3, lines 11 through 18, substituting the following, and relettering subsequent subsections of added Section 57.105, Occupations Code, accordingly:
(a)  A state agency that issues a license must submit any proposed rule affecting market competition in this state relating to the business, occupation, or profession for which a license is issued to the division for review before the rule is adopted or implemented.
(b)  A state agency that issues a license must submit to the division for review any rule that the agency proposes to repeal or readopt with amendment after a review under Section 2001.039, Government Code, if the rule affects market competition as described by this section.
(b-1)  A state agency that issues a license must submit to the division for review any rule that the agency proposes to readopt without amendment after a review under Section 2001.039, Government Code, if the rule affects market competition as described by this section. This subsection expires January 1, 2024.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Schaefer offered the following amendment to SB 1995:

Amend SB 1995 (house committee printing) on page 4, line 1, by striking "prices" and substituting "prices, price fixing,".

Representative Paddie moved to table Amendment No. 3.

The motion to table prevailed.

SB 1995 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE C. TURNER: Thank you for visiting with me about this bill throughout the course of the day and talking through some of the concerns I had earlier. I just wanted to visit with you about a few things for the purposes of legislative intent, if that's all right. We agree, I believe, that it's good public policy to have subject matter experts serve on state licensing boards, that their expertise is invaluable to the missions of those boards. Is that right?

REPRESENTATIVE PADDIE: Absolutely. I think the public members are valuable and also those that are market participants. Obviously, no one knows their business better than them.

C. TURNER: But right now, as the result of a Supreme Court case a few years ago, people who agree to serve on these state licensing boards could be sued individually, sued personally. Is that not right?

PADDIE: That is the concern and what we're trying to remedy.

C. TURNER: Right, and so my understanding is that this bill, SB 1995, will attempt to fix that. And it's in response to some recent federal action in the courts I mentioned and also modeled on some actions other states have taken to try to address this issue. Is that right?

PADDIE: Absolutely. I think it addresses the two key points of that. I think it shows that we have a policy in place to prevent this anti-competitive activity, and it shows that we have active control over these boards.

C. TURNER: Am I right that this stems out of a case from North Carolina where a licensing board took action against some folks who were doing teeth whitening? They were told to cease and desist since they were operating outside a dentist's office. And those individuals sued the state agency and the board members individually, and they won. Basically, that was the genesis of all this.

PADDIE: That's kind of where it all started. Yes, sir.

C. TURNER: Okay, and the bill is narrowly tailored, right? It creates a third party review process but not for all rules––if I understand it right––that a licensing board adopts but only for those related to market competition. Is that correct?

PADDIE: That is absolutely correct. And so if there is something that's outside the bounds of that, that maybe we've debated on this floor very contentiously, those are not the types of things that could come up. It would be very specific and narrowly tailored to market competition.

C. TURNER: Some would say, well, why didn't the legislature just review these types of rules and make these decisions? But that's not really practical, is it?

PADDIE: Well, no. As you know and as the body knows, we're just here every other year for five months. There are a whole lot of rules being made mostly as a result of the things that we do in this body, and we're not here to provide oversight for that. So it's more appropriate to do it this way.

C. TURNER: So to be perfectly clear, the bill provides a process for active state supervision and a final authority review process to ensure that no conflict of interest could result in an individual serving on a state board and being sued as a result of subsequent litigation. Is that right?

PADDIE: Right. It does provide that protection.

C. TURNER: And it's very similar, I believe, if you serve on a neighborhood homeowner's association board. Those board members are protected from being sued as individuals, and basically this applies that same logic to our state licensing boards.

PADDIE: As I understand it, I think it would be a similar situation.

C. TURNER: Representative, thank you for answering my questions on this and addressing some of those concerns. I think this is a good bill that we need to pass.

REMARKS ORDERED PRINTED

Representative C. Turner moved to print remarks between Representative Paddie and Representative C. Turner on SB 1995.

The motion prevailed.

SB 1995, as amended, was passed to third reading.

CSSB 1105 ON SECOND READING
(Frank and Klick - House Sponsors)

CSSB 1105, A bill to be entitled An Act relating to the administration and operation of Medicaid, including Medicaid managed care.

Amendment No. 1

Representative Frank offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) as follows:
(1)  On page 4, line 17, strike "of coverage or" and substitute ", partial denial, reduction, or termination of coverage or denial of".
(2)  On page 4, strike lines 21 and 22 and substitute the following:
(2)  for the recipient:
(A)  a clear and easy-to-understand explanation of the reason for the decision, including a clear explanation of the medical basis, applying the policy or accepted standard of medical practice to the recipient's particular medical circumstances;
(B)  a copy of the information sent to the provider; and
(C)  an educational component that includes a description of the recipient's rights and an explanation of the process related to appeals and Medicaid fair hearings; and
(3)  On page 4, line 24, strike "denial" and substitute "decision".
(4)  On page 5, line 11, between "documentation" and "and", insert ";".
(5)  On page 5, strike lines 12 and 13.
(6)  On page 5, strike lines 17-23 and substitute the following:
(2)  be sent:
(A)  to the provider:
(i)  using the provider's preferred method of communication, to the extent practicable using existing resources; and
(ii)  as applicable, through an electronic notification on an Internet portal; and
(B)  to the recipient using the recipient's preferred method of communication, to the extent practicable using existing resources.
(7)  On page 6, line 21, strike "necessary or".
(8)  On page 6, line 22, between "supporting" and "documentation", insert "or other".
(9)  On page 7, lines 5 and 6, strike "or recipient".
(10)  On page 8, strike lines 2 and 3 and substitute the following:
Care Advisory Committee described by [established under] Section 533.00254.
(11)  On page 8, line 5, strike "(f), (g), and (h)" and substitute "(k), (l), and (m)".
(12)  On page 8, line 6, strike "(f)" and substitute "(k)".
(13)  On page 8, line 16, strike "(g)" and substitute "(l)".
(14)  On page 8, line 18, strike "(f)" and substitute "(k)".
(15)  On page 8, line 19, strike "(h) Subsections (f) and (g)" and substitute the following "(m)  Subsections (k) and (l)".
(16)  On page 8, line 22, strike "533.00282, 533.00283, 533.00284" and substitute "533.002821, 533.00283".
(17)  On page 8, line 24, strike "533.00282" and substitute "533.002821".
(18)  On page 8, line 24, between "PROCEDURES." and "Section", insert "(a)".
(19)  On page 8, following line 27, add the following:
(b)  In addition to the requirements of Section 533.005, a contract between a Medicaid managed care organization and the commission must require that the organization review and issue determinations on prior authorization requests with respect to a recipient who is hospitalized at the time of the request according to the following time frames:
(1)  within one business day after receiving the request, except as provided by Subdivisions (2) and (3);
(2)  within 72 hours after receiving the request if the request is submitted by a provider of acute care inpatient services for services or equipment necessary to discharge the recipient from an inpatient facility; or
(3)  within one hour after receiving the request if the request is related to poststabilization care or a life-threatening condition.
(c)  The executive commissioner by rule shall establish the time frame for a Medicaid managed care organization to review and issue determinations on prior authorization requests with respect to a recipient who is not hospitalized at the time of the request.
(20)  On page 9, line 2, between "organization" and "shall", insert ", in consultation with the organization's provider advisory group required by contract,".
(21)  Strike page 9, line 21, through page 11, line 4.
(22)  On page 13, line 1, strike "533.00284" and substitute "533.002821".
(23)  On page 13, line 2, strike "applies" and substitute "and Section 533.005, Government Code, as amended by this Act, apply".
(24)  On page 13, line 6, strike "The" and substitute "As soon as practicable after the effective date of this Act but not later than September 1, 2020, the".
(25)  On page 13, strike line 10 and substitute the following:
Section 533.002821, Government Code, as added by this Act, and Section 533.005, Government Code, as amended by this Act.
(26)  Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____.  Subchapter A, Chapter 533, Government Code, is amended by adding Section 533.00254 to read as follows:
Sec. 533.00254.  STAR KIDS MANAGED CARE ADVISORY COMMITTEE. (a) The STAR Kids Managed Care Advisory Committee established by the executive commissioner under Section 531.012 shall:
(1)  advise the commission on the operation of the STAR Kids managed care program under Section 533.00253; and
(2)  make recommendations for improvements to that program.
(b)  On September 1, 2023:
(1)  the advisory committee is abolished; and
(2)  this section expires.
SECTION ____.  Section 533.005, Government Code, is amended by adding Subsection (o) to read as follows:
(o)  In addition to the requirements of Subsection (a), a contract between a Medicaid managed care organization and the commission must contain a requirement that the organization review and issue determinations with respect to a patient who is hospitalized at the time of the determination according to the time frames required by Section 533.002821.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Raymond offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 533.0055, Government Code, is amended by adding Subsections (c), (d), and (e) to read as follows:
(c)  The commission shall consolidate each electronic or Internet portal operated or maintained by the commission, including through a contract with a separate entity, that is used to receive and deliver requests and other information from and to Medicaid providers, including nursing facility providers participating in the STAR+PLUS Medicaid managed care program, into a single Internet portal that serves as the electronic process required by Subsection (b)(6). The commission shall ensure the single Internet portal meets the requirements of a portal described by Sections 531.02411, 533.00251, 533.002553, and 533.0071.
(d)  The commission may contract with a private or nonprofit entity to develop, operate, and maintain the single Internet portal described by Subsection (c). The entity may not be affiliated with any specific managed care plan.
(e)  Notwithstanding any other law, the executive commissioner by rule shall require each Medicaid managed care organization to allow providers in the organization's provider network to use the single Internet portal described by Subsection (c).

Amendment No. 2 was adopted.

Amendment No. 3

Representative Raymond offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) as follows:
(1)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 533.005, Government Code, is amended by adding Subsection (l) to read as follows:
(l)  In addition to the requirements of Subsection (a), the commission shall ensure a contract described by that subsection contains:
(1)  a requirement that, on any claim for payment that is received without documentation reasonably necessary for the managed care organization to process the claim, the managed care organization make payment to a physician or provider for health care services rendered to a recipient under a managed care plan offered by the managed care organization not later than the 30th day after the date the organization receives the documentation necessary to process the claim; and
(2)  a requirement that a project to fix the managed care organization's claims processing system last not longer than 60 days and that the organization make payment on a claim that is pending because of the project not later than the 30th day after the date the project is completed.
(2)  On page 13, line 1, strike "Section 533.00284" and substitute "Sections 533.00284 and 533.005(l)".
(3)  On page 13, line 2, strike "applies" and substitute "apply".
(4)  On page 13, line 10, strike "Section 533.00284" and substitute "Sections 533.00284 and 533.005(l)".

Amendment No. 3 was adopted.

Amendment No. 4

Representative Raymond offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) as follows:
(1)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 533.005, Government Code, is amended by adding Subsection (e) to read as follows:
(e)  In addition to the requirements specified by Subsection (a), a contract described by that subsection must provide that if the managed care organization has an ownership interest in a health care provider in the organization's provider network, the organization:
(1)  must include in the provider network at least one other health care provider of the same type in which the organization does not have an ownership interest unless the organization is able to demonstrate to the commission that the provider included in the provider network is the only provider located in an area that meets requirements established by the commission relating to the time and distance a recipient is expected to travel to receive services; and
(2)  may not give preference in authorizing referrals to the provider in which the organization has an ownership interest as compared to other providers of the same or similar services participating in the organization's provider network.
(2)  On page 13, line 1, strike "Section 533.00284" and substitute "Sections 533.00284 and 533.005(e)".
(3)  On page 13, line 2, strike "applies" and substitute "apply".
(4)  On page 13, line 10, strike "Section 533.00284" and substitute "Sections 533.00284 and 533.005(e)".

Amendment No. 4 was adopted.

Amendment No. 5

Representative Shaheen offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) as follows:
(1)  On page 8, line 5, between "Subsections" and "(f)", insert "(c-1),".
(2)  On page 8, between lines 5 and 6, insert the following:
(c-1)  Notwithstanding Subsection (c)(4), the commission shall consider contracting with an independent third party to conduct annual care needs assessments under the STAR Kids managed care program.

Amendment No. 5 was adopted.

Amendment No. 6

Representative Cortez offered the following amendment to CSSB 1105:

Amend CSSB 1105 (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 32, Human Resources Code, is amended by adding Section 32.02612 to read as follows:
Sec. 32.02612.  PERIODIC ELIGIBILITY REVIEW FOR CERTAIN RECIPIENTS; ENROLLMENT IN CHILD HEALTH PLAN. (a) During the sixth month following the date on which a child's eligibility for medical assistance is certified or recertified, the commission may:
(1)  review the child's household income; and
(2)  if the review indicates that the child's household income exceeds the maximum income for eligibility for the medical assistance program, request additional documentation to verify the child's household income.
(b)  The commission shall conduct the review under Subsection (a) using information obtained through a third party database.
(c)  If, after reviewing a child's household income under Subsection (a), the commission determines that the household income exceeds the maximum income for eligibility for the medical assistance program, the commission shall continue to provide medical assistance to the child until:
(1)  the commission provides the child's parent or guardian with a period of not less than 30 days to provide documentation demonstrating that the child's household income does not exceed the maximum income for eligibility; and
(2)  the child's parent or guardian fails to provide the documentation during the period described by Subdivision (1).
(d)  The commission shall provide the child's parent or guardian with written notice of the termination under Subsection (c), if applicable. The notice must include a statement that the child may be eligible for enrollment in the child health plan under Chapter 62, Health and Safety Code.
(e)  The commission shall automatically enroll in the child health plan under Chapter 62, Health and Safety Code, a child whose household income as determined under this section:
(1)  exceeds the maximum income for eligibility for the medical assistance program; and
(2)  establishes eligibility for the child to receive benefits under the child health plan.
(f)  The executive commissioner may adopt rules as necessary to implement this section.

Amendment No. 6 was adopted.

Amendment No. 7

Representative Ortega offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter A, Chapter 533, Government Code, is amended by adding Section 533.032 to read as follows:
Sec. 533.032.  COMMUNITY HEALTH WORKERS. (a) In this section, "community health worker" has the meaning assigned by Section 48.001, Health and Safety Code.
(b)  The commission shall allow each Medicaid managed care organization that contracts with the commission to provide health care services to recipients under the STAR Medicaid managed care program to categorize services provided by a community health worker as a quality improvement cost, as authorized by federal law, instead of as an administrative expense.

Amendment No. 7 was adopted.

Amendment No. 8

Representative Sheffield offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 531.1023, Government Code, is amended to read as follows:
Sec. 531.1023.  COMPLIANCE WITH FEDERAL CODING GUIDELINES. (a) The commission's office of inspector general, including office staff and any third party with which the office contracts to perform coding services, and the commission's medical and utilization review appeals unit shall comply with federal coding guidelines, including guidelines for diagnosis-related group (DRG) validation and related audits.
(b)  In this section, "federal coding guidelines" means the code sets and guidelines adopted by the United States Department of Health and Human Services in accordance with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).

Amendment No. 8 was adopted.

Amendment No. 9

Representative Sheffield offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) as follows:
(1)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Effective March 1, 2020, Section 533.005(a), Government Code, is amended to read as follows:
(a)  A contract between a managed care organization and the commission for the organization to provide health care services to recipients must contain:
(1)  procedures to ensure accountability to the state for the provision of health care services, including procedures for financial reporting, quality assurance, utilization review, and assurance of contract and subcontract compliance;
(2)  capitation rates that ensure the cost-effective provision of quality health care;
(3)  a requirement that the managed care organization provide ready access to a person who assists recipients in resolving issues relating to enrollment, plan administration, education and training, access to services, and grievance procedures;
(4)  a requirement that the managed care organization provide ready access to a person who assists providers in resolving issues relating to payment, plan administration, education and training, and grievance procedures;
(5)  a requirement that the managed care organization provide information and referral about the availability of educational, social, and other community services that could benefit a recipient;
(6)  procedures for recipient outreach and education;
(7)  a requirement that the managed care organization make payment to a physician or provider for health care services rendered to a recipient under a managed care plan on any claim for payment that is received with documentation reasonably necessary for the managed care organization to process the claim:
(A)  not later than:
(i)  the 10th day after the date the claim is received if the claim relates to services provided by a nursing facility, intermediate care facility, or group home;
(ii)  the 30th day after the date the claim is received if the claim relates to the provision of long-term services and supports not subject to Subparagraph (i); and
(iii)  the 45th day after the date the claim is received if the claim is not subject to Subparagraph (i) or (ii); or
(B)  within a period, not to exceed 60 days, specified by a written agreement between the physician or provider and the managed care organization;
(7-a)  a requirement that the managed care organization demonstrate to the commission that the organization pays claims described by Subdivision (7)(A)(ii) on average not later than the 21st day after the date the claim is received by the organization;
(8)  a requirement that the commission, on the date of a recipient's enrollment in a managed care plan issued by the managed care organization, inform the organization of the recipient's Medicaid certification date;
(9)  a requirement that the managed care organization comply with Section 533.006 as a condition of contract retention and renewal;
(10)  a requirement that the managed care organization provide the information required by Section 533.012 and otherwise comply and cooperate with the commission's office of inspector general and the office of the attorney general;
(11)  a requirement that the managed care organization's usages of out-of-network providers or groups of out-of-network providers may not exceed limits for those usages relating to total inpatient admissions, total outpatient services, and emergency room admissions determined by the commission;
(12)  if the commission finds that a managed care organization has violated Subdivision (11), a requirement that the managed care organization reimburse an out-of-network provider for health care services at a rate that is equal to the allowable rate for those services, as determined under Sections 32.028 and 32.0281, Human Resources Code;
(13)  a requirement that, notwithstanding any other law, including Sections 843.312 and 1301.052, Insurance Code, the organization:
(A)  use advanced practice registered nurses and physician assistants in addition to physicians as primary care providers to increase the availability of primary care providers in the organization's provider network; and
(B)  treat advanced practice registered nurses and physician assistants in the same manner as primary care physicians with regard to:
(i)  selection and assignment as primary care providers;
(ii)  inclusion as primary care providers in the organization's provider network; and
(iii)  inclusion as primary care providers in any provider network directory maintained by the organization;
(14)  a requirement that the managed care organization reimburse a federally qualified health center or rural health clinic for health care services provided to a recipient outside of regular business hours, including on a weekend day or holiday, at a rate that is equal to the allowable rate for those services as determined under Section 32.028, Human Resources Code, if the recipient does not have a referral from the recipient's primary care physician;
(15)  a requirement that the managed care organization develop, implement, and maintain a system for tracking and resolving all provider appeals related to claims payment, including a process that will require:
(A)  a tracking mechanism to document the status and final disposition of each provider's claims payment appeal;
(B)  the contracting with physicians who are not network providers and who are of the same or related specialty as the appealing physician to resolve claims disputes related to denial on the basis of medical necessity that remain unresolved subsequent to a provider appeal;
(C)  the determination of the physician resolving the dispute to be binding on the managed care organization and provider; and
(D)  the managed care organization to allow a provider with a claim that has not been paid before the time prescribed by Subdivision (7)(A)(ii) to initiate an appeal of that claim;
(16)  a requirement that a medical director who is authorized to make medical necessity determinations is available to the region where the managed care organization provides health care services;
(17)  a requirement that the managed care organization ensure that a medical director and patient care coordinators and provider and recipient support services personnel are located in the South Texas service region, if the managed care organization provides a managed care plan in that region;
(18)  a requirement that the managed care organization provide special programs and materials for recipients with limited English proficiency or low literacy skills;
(19)  a requirement that the managed care organization develop and establish a process for responding to provider appeals in the region where the organization provides health care services;
(20)  a requirement that the managed care organization:
(A)  develop and submit to the commission, before the organization begins to provide health care services to recipients, a comprehensive plan that describes how the organization's provider network complies with the provider access standards established under Section 533.0061;
(B)  as a condition of contract retention and renewal:
(i)  continue to comply with the provider access standards established under Section 533.0061; and
(ii)  make substantial efforts, as determined by the commission, to mitigate or remedy any noncompliance with the provider access standards established under Section 533.0061;
(C)  pay liquidated damages for each failure, as determined by the commission, to comply with the provider access standards established under Section 533.0061 in amounts that are reasonably related to the noncompliance; and
(D)  regularly, as determined by the commission, submit to the commission and make available to the public a report containing data on the sufficiency of the organization's provider network with regard to providing the care and services described under Section 533.0061(a) and specific data with respect to access to primary care, specialty care, long-term services and supports, nursing services, and therapy services on the average length of time between:
(i)  the date a provider requests prior authorization for the care or service and the date the organization approves or denies the request; and
(ii)  the date the organization approves a request for prior authorization for the care or service and the date the care or service is initiated;
(21)  a requirement that the managed care organization demonstrate to the commission, before the organization begins to provide health care services to recipients, that, subject to the provider access standards established under Section 533.0061:
(A)  the organization's provider network has the capacity to serve the number of recipients expected to enroll in a managed care plan offered by the organization;
(B)  the organization's provider network includes:
(i)  a sufficient number of primary care providers;
(ii)  a sufficient variety of provider types;
(iii)  a sufficient number of providers of long-term services and supports and specialty pediatric care providers of home and community-based services; and
(iv)  providers located throughout the region where the organization will provide health care services; and
(C)  health care services will be accessible to recipients through the organization's provider network to a comparable extent that health care services would be available to recipients under a fee-for-service or primary care case management model of Medicaid managed care;
(22)  a requirement that the managed care organization develop a monitoring program for measuring the quality of the health care services provided by the organization's provider network that:
(A)  incorporates the National Committee for Quality Assurance's Healthcare Effectiveness Data and Information Set (HEDIS) measures;
(B)  focuses on measuring outcomes; and
(C)  includes the collection and analysis of clinical data relating to prenatal care, preventive care, mental health care, and the treatment of acute and chronic health conditions and substance abuse;
(23)  subject to Subsection (a-1), a requirement that the managed care organization develop, implement, and maintain an outpatient pharmacy benefit plan for its enrolled recipients:
(A)  that exclusively employs the vendor drug program formulary and preserves the state's ability to reduce waste, fraud, and abuse under Medicaid;
(B)  that adheres to the applicable preferred drug list adopted by the commission under Section 531.072;
(C)  that includes the prior authorization procedures and requirements prescribed by or implemented under Sections 531.073(b), (c), and (g) for the vendor drug program;
(D)  for purposes of which the managed care organization:
(i)  may not negotiate or collect rebates associated with pharmacy products on the vendor drug program formulary; and
(ii)  may not receive drug rebate or pricing information that is confidential under Section 531.071;
(E)  that complies with the prohibition under Section 531.089;
(F)  under which the managed care organization may not prohibit, limit, or interfere with a recipient's selection of a pharmacy or pharmacist of the recipient's choice for the provision of pharmaceutical services under the plan through the imposition of different copayments;
(G)  that allows the managed care organization or any subcontracted pharmacy benefit manager to contract with a pharmacist or pharmacy providers separately for specialty pharmacy services, except that:
(i)  the managed care organization and pharmacy benefit manager are prohibited from allowing exclusive contracts with a specialty pharmacy owned wholly or partly by the pharmacy benefit manager responsible for the administration of the pharmacy benefit program; and
(ii)  the managed care organization and pharmacy benefit manager must adopt policies and procedures for reclassifying prescription drugs from retail to specialty drugs, and those policies and procedures must be consistent with rules adopted by the executive commissioner and include notice to network pharmacy providers from the managed care organization;
(H)  under which the managed care organization may not prevent a pharmacy or pharmacist from participating as a provider if the pharmacy or pharmacist agrees to comply with the financial terms and conditions of the contract as well as other reasonable administrative and professional terms and conditions of the contract;
(I)  under which the managed care organization may include mail-order pharmacies in its networks, but may not require enrolled recipients to use those pharmacies, and may not charge an enrolled recipient who opts to use this service a fee, including postage and handling fees;
(J)  under which the managed care organization or pharmacy benefit manager, as applicable, must pay claims in accordance with Section 843.339, Insurance Code; and
(K)  under which the managed care organization or pharmacy benefit manager, as applicable:
(i)  must comply with Section 533.00514 as a condition of contract retention and renewal [to place a drug on a maximum allowable cost list, must ensure that:
[(a)     the drug is listed as "A" or "B" rated in the most recent version of the United States Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book, has an "NR" or "NA" rating or a similar rating by a nationally recognized reference; and
[(b)     the drug is generally available for purchase by pharmacies in the state from national or regional wholesalers and is not obsolete];
(ii)  must [provide to a network pharmacy provider, at the time a contract is entered into or renewed with the network pharmacy provider, the sources used to determine the maximum allowable cost pricing for the maximum allowable cost list specific to that provider;
[(iii)     must] review and update drug reimbursement [maximum allowable cost] price information at least once every seven days to reflect any modification of [maximum allowable cost] pricing under the vendor drug program;
(iii) [(iv)     must, in formulating the maximum allowable cost price for a drug, use only the price of the drug and drugs listed as therapeutically equivalent in the most recent version of the United States Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book;
[(v)     must establish a process for eliminating products from the maximum allowable cost list or modifying maximum allowable cost prices in a timely manner to remain consistent with pricing changes and product availability in the marketplace;
[(vi)]  must:
(a)  provide a procedure under which a network pharmacy provider may challenge the reimbursement [a listed maximum allowable cost] price for a drug;
(b)  respond to a challenge not later than the 15th day after the date the challenge is made;
(c)  if the challenge is successful, make an adjustment in the drug price effective on the date the challenge is resolved, and make the adjustment applicable to all similarly situated network pharmacy providers, as determined by the managed care organization or pharmacy benefit manager, as appropriate;
(d)  if the challenge is denied, provide the reason for the denial; and
(e)  report to the commission every 90 days the total number of challenges that were made and denied in the preceding 90-day period for each [maximum allowable cost list] drug for which a challenge was denied during the period; and
(iv) [(vii)     must notify the commission not later than the 21st day after implementing a practice of using a maximum allowable cost list for drugs dispensed at retail but not by mail; and
[(viii)]  must provide a process for each of its network pharmacy providers to readily access the drug reimbursement price [maximum allowable cost] list specific to that provider;
(24)  a requirement that the managed care organization and any entity with which the managed care organization contracts for the performance of services under a managed care plan disclose, at no cost, to the commission and, on request, the office of the attorney general all discounts, incentives, rebates, fees, free goods, bundling arrangements, and other agreements affecting the net cost of goods or services provided under the plan;
(25)  a requirement that the managed care organization not implement significant, nonnegotiated, across-the-board provider reimbursement rate reductions unless:
(A)  subject to Subsection (a-3), the organization has the prior approval of the commission to make the reductions [reduction]; or
(B)  the rate reductions are based on changes to the Medicaid fee schedule or cost containment initiatives implemented by the commission; and
(26)  a requirement that the managed care organization make initial and subsequent primary care provider assignments and changes.
SECTION ____.  Effective March 1, 2020, Subchapter A, Chapter 533, Government Code, is amended by adding Section 533.00514 to read as follows:
Sec. 533.00514.  REIMBURSEMENT METHODOLOGY FOR PRESCRIPTION DRUGS. (a) In accordance with rules adopted by the executive commissioner, a managed care organization that contracts with the commission under this chapter or a pharmacy benefit manager administering a pharmacy benefit program on behalf of the managed care organization shall reimburse a pharmacy or pharmacist, including a Texas retail pharmacy or a Texas specialty pharmacy, that:
(1)  dispenses a prescribed prescription drug, other than a drug obtained under Section 340B, Public Health Service Act (42 U.S.C. Section 256b), to a recipient for not less than the lesser of:
(A)  the reimbursement amount for the drug under the vendor drug program, including a dispensing fee that is not less than the dispensing fee for the drug under the vendor drug program; or
(B)  the amount claimed by the pharmacy or pharmacist, including the gross amount due or the usual and customary charge to the public for the drug; or
(2)  dispenses a prescribed prescription drug obtained at a discounted price under Section 340B, Public Health Service Act (42 U.S.C. Section 256b) to a recipient for not less than the reimbursement amount for the drug under the vendor drug program, including a dispensing fee that is not less than the dispensing fee for the drug under the vendor drug program.
(b)  The methodology adopted by rule by the executive commissioner to determine Texas pharmacies' actual acquisition cost (AAC) for purposes of the vendor drug program must be consistent with the actual prices Texas pharmacies pay to acquire prescription drugs marketed or sold by a specific manufacturer and must be based on the National Average Drug Acquisition Cost published by the Centers for Medicare and Medicaid Services or another publication approved by the executive commissioner.
(c)  The executive commissioner shall develop a process for the periodic study of Texas retail pharmacies' actual acquisition cost (AAC) for prescription drugs, Texas specialty pharmacies' actual acquisition cost (AAC) for prescription drugs, retail professional dispensing costs, and specialty pharmacy professional dispensing costs and publish the results of each study on the commission's Internet website.
(d)  The dispensing fees adopted by the executive commissioner for purposes of:
(1)  Subsection (a)(1) must be based on, as appropriate:
(A)  Texas retail pharmacies' professional dispensing costs for retail prescription drugs; or
(B)  Texas specialty pharmacies' professional dispensing costs for specialty prescription drugs; or
(2)  Subsection (a)(2) must be based on Texas pharmacies' professional dispensing costs for those drugs.
(e)  Not less frequently than once every two years, the commission shall conduct a study of Texas pharmacies' dispensing costs for retail prescription drugs, specialty prescription drugs, and drugs obtained under Section 340B, Public Health Service Act (42 U.S.C. Section 256b). Based on the results of the study, the executive commissioner shall adjust the minimum amount of the retail professional dispensing fee and specialty pharmacy professional dispensing fee under Subsection (a)(1) and the dispensing fee for drugs obtained under Section 340B, Public Health Service Act (42 U.S.C. Section 256b).
SECTION ____.  Effective March 1, 2020, Subchapter D, Chapter 62, Health and Safety Code, is amended by adding Section 62.160 to read as follows:
Sec. 62.160.  REIMBURSEMENT METHODOLOGY FOR PRESCRIPTION DRUGS. A managed care organization providing pharmacy benefits under the child health plan program or a pharmacy benefit manager administering a pharmacy benefit program on behalf of the managed care organization shall comply with Section 533.00514, Government Code.
SECTION ____.  Effective March 1, 2020, Section 533.005(a-2), Government Code, is repealed.
(2)  On page 14, line 3, strike "This" and substitute "Except as otherwise provided by this Act, this".

Amendment No. 9 was adopted.

Amendment No. 10

Representatives Coleman, S. Thompson, and Rose offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) In this section:
(1) "Commission" means the Health and Human Services Commission.
(2) "Medicaid" means the medical assistance program established under Chapter 32, Human Resources Code.
(b) The commission may actively seek a waiver to the state Medicaid plan or other authorization from the appropriate federal agency to:
(1) ensure low income individuals who have a diagnosed mental health or substance use disorder are able to receive treatment under Medicaid; and
(2) create and maintain coordinated, holistic systems of care under Medicaid for the physical and behavioral health of Medicaid recipients.

Amendment No. 10 was adopted.

Amendment No. 11

Representative Oliverson offered the following amendment to CSSB 1105:

Amend CSSB 1105 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 531.02118, Government Code, is amended by amending Subsection (c) and adding Subsections (e), (f), (g), (h), and (i) to read as follows:
(c)  In streamlining the Medicaid provider credentialing process under this section, the commission may designate a centralized credentialing entity and shall require [may]:
(1)  that the credentialing entity and the entity serving as the state's Medicaid claims administrator share information to reduce the submission of duplicative information or documents necessary for both Medicaid enrollment and credentialing [in the database established under Subchapter C, Chapter 32, Human Resources Code, with the centralized credentialing entity]; and
(2)  [require] all managed care organizations contracting with the commission to provide health care services to Medicaid recipients under a managed care plan issued by the organization to use the centralized credentialing entity as a hub for the collection and sharing of information.
(e)  Subject to Subsection (f), the commission shall enroll a provider as a Medicaid provider, without requiring the provider to separately apply for enrollment through the entity serving as the state's Medicaid claims administrator, if the provider is:
(1)  credentialed by a managed care organization that contracts with the commission under Chapter 533; or
(2)  enrolled as a Medicare provider.
(f)  The executive commissioner by rule may establish additional enrollment requirements that are:
(1)  necessary to enroll a provider as a Medicaid provider; and
(2)  not otherwise required by managed care organization credentialing or Medicare provider enrollment.
(g)  The commission shall track the number of providers that enroll as Medicaid providers through each type of enrollment process described by Subsection (e), including the enrollment process through the entity serving as the state's Medicaid claims administrator.
(h)  The commission shall develop a process to streamline the Medicaid enrollment of a provider who:
(1)  provides services through a single case agreement to a recipient who is also enrolled in a private group health benefit plan; and
(2)  is enrolled as a provider in that group health benefit plan.
(i)  The commission shall use a provider's national provider identifier number to enroll a provider under Subsection (h). In this subsection, "national provider identifier number" means the national provider identifier number required under Section 1128J(e), Social Security Act (42 U.S.C. Section 1320a-7k(e)).
SECTION ____.  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 ____.  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.

Amendment No. 11 was adopted.

Amendment No. 12

Representative Miller offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committing printing) as follows:
(1)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Effective September 1, 2020, Section 32.003, Human Resources Code, is amended by adding Subdivisions (2) and (3) to read as follows:
(2)  "Health service regional office" means an office located in a public health region and administered by a regional director under Section 121.007, Health and Safety Code.
(3)  "Local health department" means a local health department established under Subchapter D, Chapter 121, Health and Safety Code.
SECTION ____.  Effective September 1, 2020, Section 32.024, Human Resources Code, is amended by adding Subsection (ll) to read as follows:
(ll)  The executive commissioner shall establish a separate provider type for local health departments, including health service regional offices acting in the capacity of local health departments, for purposes of enrollment as a provider for and reimbursement under the medical assistance program.
SECTION ____.  Effective September 1, 2020, Section 32.101(2), Human Resources Code, is amended to read as follows:
(2)  "Health care provider" means a person, other than a physician, who:
(A)  is licensed or otherwise authorized to provide a health care service in this state, including:
(i)  a pharmacist, dentist, optometrist, mental health counselor, social worker, advanced practice nurse, physician assistant, or durable medical equipment supplier; [or]
(ii)  a pharmacy, hospital, or other institution or organization; or
(iii)  a local health department or a health service regional office acting in the capacity of a local health department in a public health region;
(B)  is wholly owned or controlled by:
(i)  a health care provider or a group of health care providers described by Paragraph (A); or
(ii)  one or more hospitals and physicians, including a physician-hospital organization;
(C)  is a professional association of physicians organized under the Texas Professional Association Law, as described by Section 1.008, Business Organizations Code;
(D)  is an approved nonprofit health corporation certified under Chapter 162, Occupations Code;
(E)  is a medical and dental unit, as defined by Section 61.003, Education Code, a medical school, as defined by Section 61.501, Education Code, or a health science center described by Subchapter K, Chapter 74, Education Code, that employs or contracts with physicians to teach or provide medical services, or employs physicians and contracts with physicians in a practice plan; or
(F)  is another person wholly owned by physicians.
(2)  On page 14, line 3, strike "This" and substitute "Except as otherwise provided by this Act, this".

Amendment No. 12 was adopted.

Amendment No. 13

Representative Price offered the following amendment to CSSB 1105:

Amend CSSB 1105 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 531.0216(f), Government Code, is amended to read as follows:
(f)  Not later than December 1 of each even-numbered year, the commission shall report to the speaker of the house of representatives and the lieutenant governor on the effects of telemedicine medical services, telehealth services, and home telemonitoring services on Medicaid in the state, including the number of physicians, health professionals, and licensed health care facilities using telemedicine medical services, telehealth services, or home telemonitoring services, the geographic and demographic disposition of the physicians and health professionals, the number of patients receiving telemedicine medical services, telehealth services, and home telemonitoring services, the types of services being provided, [and] the cost of utilization, and the cost savings of telemedicine medical services, telehealth services, and home telemonitoring services to Medicaid.
SECTION ____.  Section 531.02164, Government Code, is amended by adding Subsection (c-1) to read as follows:
(c-1)  Notwithstanding Subsection (c)(1), the program required under this section must also provide that home telemonitoring services are available to pediatric persons who:
(1)  are diagnosed with end-stage solid organ disease;
(2)  have received an organ transplant; or
(3)  require mechanical ventilation.
SECTION ____.  Section 531.02176, Government Code, is repealed.
SECTION ____.  The executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement Section 531.02164(c-1), Government Code, as added by this Act, not later than December 1, 2019.

Amendment No. 13 was adopted.

Amendment No. 14

Representative S. Thompson offered the following amendment to CSSB 1105:

Amend CSSB 1105 by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Section 32.024(w), Human Resources Code, is amended to read as follows:
(w)  The executive commissioner shall set a personal needs allowance of not less than $75 [$60] a month for a resident of a convalescent or nursing facility or related institution licensed under Chapter 242, Health and Safety Code, assisted living facility, ICF-IID facility, or other similar long-term care facility who receives medical assistance. The commission may send the personal needs allowance directly to a resident who receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.). This subsection does not apply to a resident who is participating in a medical assistance waiver program administered by the commission.
SECTION ____.  The change in law made by this Act to Section 32.024(w), Human Resources Code, applies only to a personal needs allowance paid on or after the effective date of this Act.
SECTION ____.  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.

Amendment No. 14 was adopted.

CSSB 1105, as amended, was passed to third reading. (Hunter recorded voting no.)

SB 815 - VOTE RECONSIDERED

Representative Price moved to reconsider the vote by which SB 815, as amended, failed to pass by Record No. 1561.

The motion to reconsider prevailed.

SB 815 ON THIRD READING
(Moody, S. Thompson, Collier, White, and Coleman - House Sponsors)

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

SB 815, A bill to be entitled An Act relating to the creation and preservation of certain records of criminal proceedings.

SB 815 was read third time earlier today and failed to pass, as amended, by Record No. 1561.

Amendment No. 1 - Vote Reconsidered

Representative Moody moved to reconsider the vote by which Amendment No. 1 was adopted.

The motion to reconsider prevailed.

Amendment No. 1 was withdrawn.

Amendment No. 2

Representative Moody offered the following amendment to SB 815:

Amend SB 815 on third reading by striking the text of Amendment No. 1 by Moody, adopted on second reading, and substituting the following:
Amend SB 815 on page 1, line 14, between the period and "The", by inserting the following:
If the person was arrested solely for a misdemeanor punishable by fine only, the magistrate before whom the person is taken shall dismiss the case unless a record of the arrest is presented in which the arresting officer provides a reason demonstrating an ongoing danger to public safety or breach of the peace, a danger to public safety or breach of the peace that is likely to reoccur, the inability to identify the person, or the person's refusal to sign a citation promising to pay the fine or appear in court and that reason required the person to be taken into custody at that time. The record must be retained and preserved as provided by Subsection (f).

Amendment No. 2 was adopted.

SB 815, as amended, was passed by (Record 1595): 81 Yeas, 52 Nays, 2 Present, not voting.

Yeas — Allen; Ashby; Bailes; Beckley; Bernal; Blanco; Bowers; Bucy; Cain; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Frank; Frullo; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Krause; Kuempel; Larson; Longoria; Lopez; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Neave; Nevárez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zerwas; Zwiener.

Nays — Allison; Anderson; Bell, C.; Bell, K.; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Craddick; Cyrier; Darby; Dean; Harless; Harris; Hefner; Holland; King, P.; Klick; Lambert; Landgraf; Lang; Leman; Lozano; Metcalf; Middleton; Miller; Morrison; Murr; Noble; Parker; Patterson; Paul; Phelan; Raney; Sanford; Schaefer; Shaheen; Shine; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; Wilson; Wray; Zedler.

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

Absent, Excused — Anchia; Davis, S.; Johnson, E.; Lucio.

Absent — Biedermann; Capriglione; Fierro; Flynn; Geren; Huberty; Leach; Muñoz; Murphy; Oliverson; Smith.

STATEMENTS OF VOTE

When Record No. 1595 was taken, I was shown voting yes. I intended to vote no.

Ashby

When Record No. 1595 was taken, I was shown voting yes. I intended to vote no.

Bailes

When Record No. 1595 was taken, I was in the house but away from my desk. I would have voted yes.

Biedermann

When Record No. 1595 was taken, I was shown voting yes. I intended to vote no.

Clardy

When Record No. 1595 was taken, my vote failed to register. I would have voted no.

Fierro

When Record No. 1595 was taken, my vote failed to register. I would have voted no.

Flynn

When Record No. 1595 was taken, I was shown voting yes. I intended to vote no.

Frank

When Record No. 1595 was taken, I was in the house but away from my desk. I would have voted yes.

Huberty

When Record No. 1595 was taken, I was in the house but away from my desk. I would have voted yes.

Muñoz

When Record No. 1595 was taken, I was in the house but away from my desk. I would have voted yes.

Murphy

When Record No. 1595 was taken, I was shown voting no. I intended to vote yes.

Stickland

When Record No. 1595 was taken, I was shown voting no. I intended to vote yes.

Wilson

(Speaker in the chair)

GENERAL STATE CALENDAR
(consideration continued)

SB 2150 ON SECOND READING
(Thierry, Walle, and S. Thompson - House Sponsors)

SB 2150, A bill to be entitled An Act relating to the reporting of certain information on maternal mortality to the Department of State Health Services and the confidentiality of that information.

Amendment No. 1 (Committee Amendment No. 1)

Representative Price offered the following committee amendment to SB 2150:

Amend SB 2150 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 1061, Special District Local Laws Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. SALES AND USE TAX
Sec. 1061.301.  TAX AUTHORIZED. (a) The district may adopt, change the rate of, or abolish a sales and use tax at an election held in the district.
(b)  The district may not adopt a tax under this subchapter or increase the rate of the tax if as a result of the adoption of the tax or the tax increase the combined rate of all sales and use taxes imposed by the district and all other political subdivisions of this state having territory in the district would exceed two percent in any location in the district.
Sec. 1061.302.  APPLICABILITY OF OTHER LAW. Except to the extent that a provision of this subchapter applies, Chapter 323, Tax Code, applies to a tax authorized by this subchapter in the same manner as that chapter applies to the tax authorized by that chapter.
Sec. 1061.303.  TAX RATE; CHANGE IN RATE. (a) The district may impose a tax authorized by this subchapter in increments of one-eighth of one percent, with a minimum rate of one-eighth of one percent and a maximum rate of two percent.
(b)  The district may increase the rate of a tax authorized by this subchapter to a maximum of two percent or decrease the rate of the tax to a minimum of one-eighth of one percent if the change is approved by a majority of the voters of the district at an election called for that purpose.
Sec. 1061.304.  ELECTION PROCEDURE. An election to adopt, change the rate of, or abolish a tax authorized by this subchapter is called by the adoption of an order of the board. The board may call an election on its own motion and shall call an election if a number of qualified voters in the district equal to at least five percent of the number of registered voters in the district petitions the board to call the election.
Sec. 1061.305.  ELECTION IN OTHER TAXING AUTHORITY. (a) In this section, "taxing authority" means any entity authorized to impose a local sales and use tax.
(b)  If the district is included within the boundaries of another taxing authority and the adoption or increase in the rate of a tax under this subchapter would result in a combined tax rate by the district and other political subdivisions of this state of more than two percent at any location in the district, an election to approve or increase the rate of the tax has no effect unless:
(1)  one or more of the other taxing authorities holds an election in accordance with the law governing that authority on the same date as the election under this subchapter to reduce the tax rate of that authority to a rate that will result in a combined tax rate by the district and other political subdivisions of not more than two percent at any location in the district; and
(2)  the combined tax rate is reduced to not more than two percent as a result of that election.
(c)  This section does not permit a taxing authority to impose taxes at differential tax rates within the territory of the authority.
Sec. 1061.306.  TAX EFFECTIVE DATE. (a) The adoption, change in the rate of, or abolition of a tax under this subchapter takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter occurring after the date on which the comptroller receives notice of the results of an election to adopt, change the rate of, or abolish the tax.
(b)  If the comptroller determines that an effective date provided by Subsection (a) will occur before the comptroller can reasonably take the action required to begin collecting the tax or to implement the change in the rate of the tax or the abolition of the tax, the effective date may be extended by the comptroller until the first day of the next calendar quarter.
Sec. 1061.307.  USE OF TAX REVENUE. Revenue from a tax imposed under this subchapter may be used by the district for any purpose of the district authorized by law.
SECTION ____.  Section 1061.151(b), Special District Local Laws Code, is amended to read as follows:
(b)  The proposed budget must contain a complete financial statement of:
(1)  the outstanding obligations of the district;
(2)  the cash on hand in each district fund;
(3)  the money received by the district from all sources during the previous year;
(4)  the money available to the district from all sources during the ensuing year;
(5)  the balances expected at the end of the year in which the budget is being prepared;
(6)  the estimated revenue and balances available to cover the proposed budget;
(7)  the estimated ad valorem tax rate required; and
(8)  the proposed expenditures and disbursements and the estimated receipts and collections for the following fiscal year.
SECTION ____.  The heading to Subchapter F, Chapter 1061, Special District Local Laws Code, is amended to read as follows:
SUBCHAPTER F. AD VALOREM TAXES
SECTION ____.  Section 26.012(1), Tax Code, is amended to read as follows:
(1)  "Additional sales and use tax" means an additional sales and use tax imposed by:
(A)  a city under Section 321.101(b);
(B)  a county under Chapter 323; or
(C)  a hospital district, other than a hospital district:
(i)  created on or after September 1, 2001, that:
(a) [(i)]  imposes the sales and use tax under Subchapter I, Chapter 286, Health and Safety Code; or
(b) [(ii)]  imposes the sales and use tax under Subchapter L, Chapter 285, Health and Safety Code; or
(ii)  that imposes the sales and use tax under Subchapter G, Chapter 1061, Special District Local Laws Code.

Representative Price moved to table Amendment No. 1.

The motion to table prevailed.

Amendment No. 2

Representative Thierry offered the following amendment to SB 2150:

Amend SB 2150 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 34, Health and Safety Code, is amended by adding Section 34.019 to read as follows:
Sec. 34.019.  DEVELOPMENT OF WORK GROUP ON ESTABLISHMENT OF MATERNAL MORTALITY AND MORBIDITY DATA REPORTING REGISTRY. (a) In this section, "maternal mortality and morbidity data reporting registry" means an Internet website or database established to report and collect individualized patient data and aggregate statistical reports on the health status, health behaviors, and service delivery needs of maternal patients, including data on pregnancy-associated deaths.
(b)  The department shall establish a work group to provide advice and consultation services to the department on the report and recommendations required by Subsection (e). The work group consists of the following members appointed by the commissioner unless otherwise provided:
(1)  one member with appropriate expertise appointed by the governor;
(2)  two members with appropriate expertise appointed by the lieutenant governor;
(3)  two members with appropriate expertise appointed by the speaker of the house of representatives;
(4)  the chair of the Texas Hospital Association or the chair's designee;
(5)  the president of the Texas Medical Association or the president's designee;
(6)  the president of the Texas Nurses Association or the president's designee;
(7)  one member who is a physician specializing in obstetrics and gynecology;
(8)  one member who is a physician specializing in maternal and fetal medicine;
(9)  one member who is a registered nurse specializing in labor and delivery;
(10)  one member who is a representative of a hospital located in a rural area of this state;
(11)  one member who is a representative of a hospital located in a county with a population of four million or more;
(12)  one member who is a representative of a hospital located in an urban area of this state in a county with a population of less than four million;
(13)  one member who is a representative of a public hospital;
(14)  one member who is a representative of a private hospital;
(15)  one member who is an epidemiologist;
(16)  one member who is a statistician;
(17)  one member who is a public health expert; and
(18)  any other member with appropriate expertise as the commissioner determines necessary.
(c)  The work group shall elect from among the membership a presiding officer.
(d)  The work group shall meet periodically and at the call of the presiding officer.
(e)  With the goals of improving data reporting on maternal mortality and morbidity and pregnancy-associated deaths and with the advice of the work group established under this section, the department shall assess and prepare a report and recommendations on the establishment of a secure data registry to record information reported by participating health care providers on the health status of maternal patients over varying periods, including the frequency and characteristics of maternal mortality and morbidity during pregnancy and the postpartum period.
(f)  In developing the report and recommendations required by Subsection (e), the department shall:
(1)  consider individual maternal patient information related to health status and health care received over varying periods that should be submitted to the registry;
(2)  review existing and developing registries used in and outside this state that serve the same or a similar purpose as a maternal mortality and morbidity data registry;
(3)  review ongoing health data reporting and collection efforts and initiatives in this state to avoid duplication and ensure efficiency;
(4)  review and consider existing laws that govern data submission and sharing, including laws governing the confidentiality and security of individually identifiable health information; and
(5)  evaluate the clinical period during which known and available information should be submitted to a maternal mortality and morbidity data registry by a health care provider, including available information:
(A)  from a maternal patient's first appointment with an obstetrician and each subsequent appointment until the date of delivery;
(B)  for the 42 days following a patient's delivery; and
(C)  until the 364th day following a patient's delivery.
(g)  If the department recommends the establishment of a maternal mortality and morbidity data registry, the report under Subsection (e) must include specific recommendations on the relevant individual patient information and categories of information to be submitted to the registry, including recommendations on the intervals for submission of information. The department shall consider including the following categories of individual patient information in the report:
(1)  notifiable maternal deaths, including individualized patient data on:
(A)  patients who die during pregnancy; and
(B)  patients who were pregnant at any point in the 12 months preceding their death;
(2)  individualized patient information on each pregnancy and birth;
(3)  individualized patient data on the most common high-risk conditions for maternal patients and severe cases of maternal morbidity;
(4)  nonidentifying demographic data from the provider's patient admissions records, including age, race, and patient health benefit coverage status; and
(5)  a statistical summary based on an aggregate of individualized patient data that includes the following:
(A)  total live births;
(B)  maternal age distributions;
(C)  maternal race and ethnicity distributions;
(D)  health benefit plan issuer distributions;
(E)  incidence of diabetes, hypertension, and hemorrhage among patients;
(F)  gestational age distributions;
(G)  birth weight distributions;
(H)  total preterm birth rate;
(I)  rate of vaginal deliveries; and
(J)  rate of cesarean sections.
(h)  If the department establishes a maternal mortality and morbidity data registry, a health care provider submitting information to the registry shall comply with all applicable federal and state laws relating to patient confidentiality and quality of health care information.
(i)  The report and recommendations required under Subsection (e) must outline potential uses of a maternal mortality and morbidity data registry, including:
(1)  periodic analysis by the department of information submitted to the registry; and
(2)  the feasibility of preparing and issuing reports, using aggregated information, to each health care provider participating in the registry to improve the quality of maternal care.
(j)  Not later than September 1, 2020, the department shall prepare and submit to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and each standing committee of the legislature having primary jurisdiction over the department and post on the department's Internet website the report and recommendations required under Subsection (e).
(k)  This section expires September 1, 2021.
SECTION ____.  The executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to implement Section 34.019, Health and Safety Code, as added by this Act, not later than December 1, 2019.

Amendment No. 2 was adopted.

A record vote was requested by Representative Stickland.

SB 2150, as amended, was passed to third reading by (Record 1596): 128 Yeas, 16 Nays, 1 Present, not voting.

Yeas — Allen; Allison; 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, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Krause; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; 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; 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; Zerwas; Zwiener.

Nays — Cain; Dean; Flynn; Hefner; Hunter; King, P.; Kuempel; Lang; Middleton; Schaefer; Shaheen; Stickland; Tinderholt; Toth; Wilson; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Anchia; Davis, S.; Johnson, E.; Lucio.

Absent — Harris.

STATEMENTS OF VOTE

When Record No. 1596 was taken, I was shown voting no. I intended to vote yes.

Hunter

When Record No. 1596 was taken, I was shown voting no. I intended to vote yes.

Lang

When Record No. 1596 was taken, I was shown voting no. I intended to vote yes.

Middleton

When Record No. 1596 was taken, I was shown voting no. I intended to vote yes.

Shaheen

When Record No. 1596 was taken, I was shown voting no. I intended to vote yes.

Tinderholt

CSSB 11 - VOTE RECONSIDERED

Representative G. Bonnen moved to reconsider the vote by which CSSB 11, as amended, was passed to third reading by Record No. 1580.

The motion to reconsider prevailed.

CSSB 11 ON SECOND READING
(G. Bonnen, Huberty, Metcalf, Thierry, Price, et al. - House Sponsors)

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

CSSB 11, A bill to be entitled An Act relating to policies, procedures, and measures for school safety and mental health promotion in public schools.

CSSB 11 was read second time earlier today and was passed to third reading, as amended, by Record No. 1580.

Amendment No. 8 - Vote Reconsidered

Representative G. Bonnen moved to reconsider the vote by which Amendment No. 8 was adopted by Record No. 1579.

A record vote was requested by Representative Stickland.

The motion to reconsider prevailed by (Record 1597): 125 Yeas, 17 Nays, 1 Present, not voting.

Yeas — Allen; Allison; 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, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Dean; Hefner; Krause; Lang; Middleton; Noble; Patterson; Sanford; Schaefer; Shaheen; Stephenson; Swanson; Tinderholt; Toth; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Anchia; Davis, S.; Johnson, E.; Lucio.

Absent — Ramos; Stickland; Zedler.

STATEMENT OF VOTE

When Record No. 1597 was taken, my vote failed to register. I would have voted no.

Zedler

Amendment No. 9

Representative Zerwas offered the following amendment to Amendment No. 8:


Amend the Allison Amendment to CSSB 11 (house committee printing) by inserting the following appropriately numbered SECTIONS as follows:
(1)  On page 1, between lines 15 and 16, insert the following appropriately numbered subdivision and renumber any remaining subdivisions accordingly:
(____) the Texas Child Mental Health Consortium;
(2)  On page 3, between lines 30 and 31, insert the following appropriately numbered subdivision and renumber any remaining subdivisions accordingly:
(____) the Texas Child Mental Health Consortium;
(3)  Insert the following appropriately numbered SECTIONS and renumber any remaining SECTIONS accordingly:
SECTION ____. Subtitle G, Title 2, Education Code, is amended by adding Chapter 39 to read as follows:
CHAPTER 39. TEXAS CHILD MENTAL HEALTH CARE CONSORTIUM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 39.001. DEFINITIONS. In this chapter:
(1)  "Community mental health provider" means an entity that provides mental health care services at a local level, including a local mental health authority.
(2)  "Consortium" means the Texas Child Mental Health Care Consortium.
(3)  "Executive committee" means the executive committee of the consortium.
SUBCHAPTER B. CONSORTIUM
Sec. 39.051. ESTABLISHMENT; PURPOSE. The Texas Mental Health Care Consortium is established to:
(1)  leverage the expertise and capacity of the health-related institutions of higher education listed in Section 39.052 to address urgent mental health challenges related to, and improve the mental health care system in this state, for children and adolescents; and
(2)  enhance the state's ability to address mental health care needs of children and adolescents through collaboration of the health-related institutions of higher education listed in Section 39.052.
Sec. 39.052. COMPOSITION. The consortium is composed of:
(1)  the following health-related institutions of higher education:
(A)  Baylor College of Medicine;
(B)  Texas A&M University System Health Science Center;
(C)  Texas Tech University Health Sciences Center;
(D)  Texas Tech University Health Sciences Center at El Paso;
(E)  University of North Texas Health Science Center at Fort Worth;
(F)  The Dell Medical School at The University of Texas at Austin;
(G)  The University of Texas M.D. Anderson Cancer Center;
(H)  The University of Texas Medical Branch at Galveston;
(I)  The University of Texas Health Science Center at Houston;
(J)  The University of Texas Health Science Center at San Antonio;
(K)  The University of Texas Rio Grande Valley School of Medicine;
(L)  The University of Texas Health Science Center at Tyler; and
(M)  The University of Texas Southwestern Medical Center;
(2)  the Health and Human Services Commission;
(3)  the Texas Higher Education Coordinating Board;
(4)  three nonprofit organizations that focus on mental health care, designated by a majority of the members described by Subdivision (1); and
(5)  any other entity that the executive committee considers necessary.
Sec. 39.053. ADMINISTRATIVE ATTACHMENT. The consortium is administratively attached to the Texas Higher Education Coordinating Board for the purpose of receiving and administering appropriations and other funds under this chapter. The board is not responsible for providing to the consortium staff human resources, contract monitoring, purchasing, or any other administrative support services.
SUBCHAPTER C. EXECUTIVE COMMITTEE
Sec. 39.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) The consortium is governed by an executive committee composed of the following members:
(1)  the chair of the academic department of psychiatry of each of the health-related institutions of higher education listed in Section 39.052 or a licensed psychiatrist, including a child-adolescent psychiatrist, designated by the chair to serve in the chair's place;
(2)  a representative of the Health and Human Services Commission with expertise in the delivery of mental health care services, appointed by the executive commissioner;
(3)  a representative of the Health and Human Services Commission with expertise in mental health facilities, appointed by the executive commissioner;
(4)  a representative of the Texas Higher Education Coordinating Board, appointed by the commissioner of the coordinating board;
(5)  a representative of each nonprofit organization described by Section 39.052 that is part of the consortium, designated by a majority of the members described by Subdivision (1);
(6)  a representative of a hospital system in this state, designated by a majority of the members described by Subdivision (1); and
(7)  any other representative designated:
(A)  under Subsection (b); or
(B)  by a majority of the members described by Subdivision (1) at the request of the executive committee.
(b)  The president of each of the health-related institutions of higher education listed in Section 39.052 may designate a representative to serve on the executive committee.
Sec. 39.0102. VACANCY. A vacancy on the executive committee shall be filled in the same manner as the original appointment.
Sec. 39.0103. PRESIDING OFFICER. The executive committee shall elect a presiding officer from among the membership of the executive committee.
Sec. 39.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL. The consortium shall designate a member of the executive committee to represent the consortium on the statewide behavioral health coordinating council.
Sec. 39.0105. GENERAL DUTIES. The executive committee shall:
(1)  coordinate the provision of funding to the health-related institutions of higher education listed in Section 39.052 to carry out the purposes of this chapter;
(2)  establish procedures and policies for the administration of funds under this chapter;
(3)  monitor funding and agreements entered into under this chapter to ensure recipients of funding comply with the terms and conditions of the funding and agreements; and
(4)  establish procedures to document compliance by executive committee members and staff with applicable laws governing conflicts of interest.
SUBCHAPTER D. ACCESS TO CARE
Sec. 39.0151. CHILD PSYCHIATRY ACCESS NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS.  (a)  The consortium shall establish a network of comprehensive child psychiatry access centers. A center established under this section shall:
(1)  be located at a health-related institution of higher education listed in Section 39.052; and
(2)  provide consultation services and training opportunities for non-physician mental health professionals employed under Section 8.152, pediatricians, and primary care providers operating in the center's geographic region to better care for children and youth with behavioral health needs.
(b)  The consortium shall establish or expand telemedicine or telehealth programs for identifying and assessing behavioral health needs and providing access to mental health care services. The consortium shall implement this subsection with a focus on the behavioral health needs of at-risk children and adolescents.
(c)  A health-related institution of higher education listed in Section 39.052 may enter into a memorandum of understanding with a community mental health provider to:
(1)  establish a center under Subsection (a); or
(2)  establish or expand a program under Subsection (b).
(d)  The consortium shall leverage the resources of a hospital system under Subsection (a) or (b) if the hospital system:
(1)  provides consultation services and training opportunities for non-physician mental health professionals employed under Section 8.152, pediatricians, and primary care providers that are consistent with those described by Subsection (a); and
(2)  has an existing telemedicine or telehealth program for identifying and assessing the behavioral health needs of and providing access to mental health care services for children and adolescents.
Sec. 39.0152. CONSENT REQUIRED FOR SERVICES TO MINOR. (a) A person may provide mental health care services to a child younger than 18 years of age through a program established under this subchapter only if the person obtains the written consent of the parent or legal guardian of the child.
(b)  The consortium shall develop and post on its Internet website a model form for a parent or legal guardian to provide consent under this section.
(c)  This section does not apply to services provided by a school counselor in accordance with Section 33.05, 33.06, or 33.07, Education Code.
Sec. 39.0153. REIMBURSEMENT FOR SERVICES. A child psychiatry access center established under Section 39.0151(a) may not submit an insurance claim or charge a pediatrician or primary care provider a fee for providing consultation services or training opportunities under that section.
SUBCHAPTER E. CHILD MENTAL HEALTH WORKFORCE
Sec. 39.0201. CHILD PSYCHIATRY WORKFORCE EXPANSION. (a) The executive committee may provide funding to a health-related institution of higher education listed in Section 39.052 for the purpose of funding:
(1)  two full-time psychiatrists who treat children and adolescents to serve as academic medical director at a facility operated by a community mental health provider; and
(2)  two new resident rotation positions.
(b)  An academic medical director described by Subsection (a) shall collaborate and coordinate with a community mental health provider to expand the amount and availability of mental health care resources by developing training opportunities for residents and supervising residents at a facility operated by the community mental health provider.
(c)  An institution of higher education that receives funding under Subsection (a) shall require that psychiatric residents participate in rotations through the facility operated by the community mental health provider in accordance with Subsection (b).
Sec. 39.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP. (a) The executive committee may provide funding to a health-related institution of higher education listed in Section 39.052 for the purpose of funding a physician fellowship position that will lead to a medical specialty in the diagnosis and treatment of psychiatric and associated behavioral health issues affecting children and adolescents.
(b)  The funding provided to a health-related institution of higher education under this section must be used to increase the number of fellowship positions at the institution and may not be used to replace existing funding for the institution.
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
Sec. 39.0251. BIENNIAL REPORT. Not later than December 1 of each even-numbered year, the consortium shall prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committee of each house of the legislature with primary jurisdiction over behavioral health issues and post on its Internet website a written report that outlines:
(1)  the activities and objectives of the consortium;
(2)  the health-related institutions of higher education listed in Section 39.052 that receive funding by the executive committee; and
(3)  any legislative recommendations based on the activities and objectives described by Subdivision (1).
Sec. 39.0252. APPROPRIATION CONTINGENCY. The consortium is required to implement a provision of this chapter only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the consortium may, but is not required to, implement a provision of this chapter.
SECTION ____. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission, the commissioner of the Texas Higher Education Coordinating Board, and the members of the executive committee described by Section 39.0101(a)(1), Education Code, as added by this Act, shall make the appointments and designations required by Section 39.0101, Education Code, as added by this Act.

Amendment No. 9 - Point of Order

Representative Stickland raised a point of order against further consideration of Amendment No. 9 under Rule 11, Section 2, of the House Rules. The point of order was overruled and the speaker submitted the following ruling:

RULING BY THE SPEAKER
on Amendment No. 9 to Senate Bill 11

Announced in the House on May 21, 2019

Representative Stickland raises a point of order against further consideration of the Zerwas Amendment to the Allison Amendment to CSSB 11 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane.
The subject of the amendment is student mental health and resources for ensuring that health. The subject of the amendment to the amendment is the establishment of a consortium of the state's medical schools to provide resources for the mental health of children and adolescents, i.e., students. A primary rationale for the amendment and the amendment to the amendment is that provision of student mental health resources has a direct bearing on providing safe school environments.
The amendment to the amendment is on the same subject as the amendment and therefore is germane.
Accordingly, the point of order is respectfully overruled.

Amendment No. 9 - Point of Order

Representative Stickland raised a point of order against further consideration of Amendment No. 9 under Rule 11, Section 3, of the House Rules.

(Anchia now present)

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

RULING BY THE SPEAKER
on Amendment No. 9 to Senate Bill 11

Announced in the House on May 21, 2019

Representative Stickland raises a point of order against further consideration of the Zerwas Amendment to the Allison Amendment to CSSB 11 under Rule 11, Section 3, of the House Rules on the grounds that the Zerwas Amendment changes the original purpose of the bill.
The Zerwas Amendment is not amending the bill, but rather another amendment. Thus, it does not come within the ambit of the rule.
Accordingly, the point of order is respectfully overruled.

A record vote was requested by Representative Stickland.

Amendment No. 9 was adopted by (Record 1598): 114 Yeas, 15 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Beckley; Bell, C.; Bell, K.; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Herrero; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliverson; Pacheco; Paddie; Parker; Paul; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Zerwas; Zwiener.

Nays — Biedermann; Cain; Hefner; Krause; Lang; Middleton; Noble; Patterson; Schaefer; Shaheen; Swanson; Tinderholt; Toth; Wilson; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Ashby; Bailes; Bernal; Cortez; González, M.; Hernandez; Hinojosa; Johnson, J.D.; King, K.; Longoria; Ortega; Perez; Ramos; Rosenthal; Stickland; Wray; Wu.

STATEMENTS OF VOTE

When Record No. 1598 was taken, I was in the house but away from my desk. I would have voted yes.

Cortez

When Record No. 1598 was taken, I was shown voting yes. I intended to vote no.

Parker

When Record No. 1598 was taken, I was shown voting no. I intended to vote yes.

Wilson

When Record No. 1598 was taken, I was in the house but away from my desk. I would have voted yes.

Wray

CSSB 11 - MOTION FOR PREVIOUS QUESTION

Representative Canales moved the previous question on passage to third reading of CSSB 11.

The motion was seconded by Representatives G. Bonnen, Bucy, Burrows, Calanni, Cole, Deshotel, Dominguez, Geren, Gervin-Hawkins, Goldman, Guillen, Harless, J.E. Johnson, Leach, Leman, Minjarez, Moody, Nevárez, Phelan, Reynolds, Rose, Sheffield, Sherman, Talarico, S. Thompson, C. Turner, VanDeaver, and Zerwas.

The motion for the previous question prevailed by (Record 1599): 130 Yeas, 13 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; 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; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; 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; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Hefner; Krause; Lang; Middleton; Patterson; Schaefer; Stickland; Swanson; Tinderholt; Toth; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Bell, K.; Johnson, J.D.; Ramos.

Amendment No. 8, as amended, was adopted by (Record 1600): 130 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; 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; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Hefner; Krause; Lang; Middleton; Patterson; Schaefer; Shaheen; Stickland; Swanson; Tinderholt; Toth; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Johnson, J.D.; Ramos.

CSSB 11, as amended, was passed to third reading by (Record 1601): 130 Yeas, 11 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, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Hefner; Krause; Lang; Noble; Schaefer; Stickland; Swanson; Toth; Zedler.

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

Absent, Excused — Davis, S.; Johnson, E.; Lucio.

Absent — Middleton; Ramos; Raney; Wilson.

STATEMENTS OF VOTE

When Record No. 1601 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

When Record No. 1601 was taken, I was shown voting no. I intended to vote yes.

Noble

When Record No. 1601 was taken, I was shown voting yes. I intended to vote no.

White

When Record No. 1601 was taken, I was in the house but away from my desk. I would have voted no.

Wilson

REASON FOR VOTE

Security in our schools is a serious priority in order to protect the children of our state. There are many aspects of CSSB 11 that could directly affect a company in which I am a senior partner, therefore, I feel obligated to vote "present, not voting" on this bill.

Tinderholt

SB 1184 ON SECOND READING
(Klick - House Sponsor)

SB 1184, A bill to be entitled An Act relating to eligible participants in the Texas Achieving a Better Life Experience (ABLE) Program.

SB 1184 was passed to third reading.

SB 2104 ON SECOND READING
(Miller - House Sponsor)

SB 2104, A bill to be entitled An Act relating to the creation of the Texas Veterans County Service Officer Task Force.

SB 2104 was passed to third reading.

SB 1303 ON SECOND READING
(C. Bell - House Sponsor)

SB 1303, A bill to be entitled An Act relating to maps of the actual or proposed boundaries and extraterritorial jurisdiction of a municipality and certain notices related to expanding the boundaries.

SB 1303 was passed to third reading.

CSSB 2117 ON SECOND READING
(Bohac - House Sponsor)

CSSB 2117, A bill to be entitled An Act relating to approval of school district and charter school partnerships to operate school district campuses and programs and to eligibility for state funding.

Amendment No. 1

Representative Bohac offered the following amendment to CSSB 2117:

Amend CSSB 2117 (house committee report) as follows:
(1)  Strike page 1, line 12, through page 2, line 14, and substitute the following:
(b)  A school district under contract with an open-enrollment charter school to jointly operate a campus or campus program during the 2017-2018 school year and under any renewal of that contract is eligible to receive funding under Section 42.2511 for each student or the portion of each student's school day under the direction of the open-enrollment charter school. The commissioner may adopt rules to determine the portion of funding a school district is entitled to under this subsection.
(2)  On page 2, line 27, strike "11.157(d)" and substitute "11.157(b)".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Sanford offered the following amendment to CSSB 2117:

Amend CSSB 2117 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____.  Chapter 39, Education Code, is amended by adding Subchapter O to read as follows:
SUBCHAPTER O. NEXT GENERATION COMMISSION ON DIGITAL LEARNING
Sec. 39.601.  DEFINITION. In this subchapter, "commission" means the Next Generation Commission on Digital Learning.
Sec. 39.602.  NEXT GENERATION COMMISSION ON DIGITAL LEARNING. (a) The Next Generation Commission on Digital Learning is established to develop and make recommendations for establishing a framework for the incorporation of digital teaching and learning in public schools.
(b)  The commission is composed of 15 members, consisting of the following:
(1)  four members appointed by the governor;
(2)  three members appointed by the lieutenant governor;
(3)  three members appointed by the speaker of the house of representatives;
(4)  a representative designated by the chair of the senate committee on education;
(5)  a representative designated by the chair of the senate committee on higher education;
(6)  a representative designated by the chair of the house of representatives public education committee;
(7)  a representative designated by the chair of the house of representatives committee on higher education; and
(8)  a member of the State Board of Education, as designated by the chair of that board.
(c)  In making appointments under Subsections (b)(1), (2), and (3), the governor, lieutenant governor, and speaker of the house of representatives shall coordinate to ensure that the commission includes at least one of each of the following representatives:
(1)  a parent of or person standing in parental relation to a student enrolled in the public school system;
(2)  an educator in the public school system;
(3)  an educator in a school district that is a participant in the Texas High Performance Schools Consortium under Section 7.0561;
(4)  a member of the business community;
(5)  a member of the civic community;
(6)  a leader in digital teaching and learning; and
(7)  a leader in researching the impact of digital teaching and learning on student performance.
Sec. 39.603.  PRESIDING OFFICER. The governor shall designate the presiding officer of the commission.
Sec. 39.604.  COMPENSATION AND REIMBURSEMENT. A member of the commission is not entitled to compensation for service on the commission but is entitled to reimbursement for actual and necessary expenses incurred in performing commission duties.
Sec. 39.605.  ADMINISTRATIVE SUPPORT AND FUNDING. (a)  Staff members of the agency shall provide administrative support for the commission.
(b)  Funding for the administrative and operational expenses of the commission shall be provided by appropriation to the agency for that purpose.
Sec. 39.606.  RECOMMENDATIONS. The commission shall develop recommendations under this subchapter to:
(1)  provide a funding proposal to present to the legislature for digital teaching and learning in elementary and secondary schools that includes funding to:
(A)  improve student outcomes through the use of digital teaching and learning technology; and
(B)  provide high-quality professional learning for educators to improve student outcomes through the use of digital teaching and learning technology;
(2)  develop a framework for effective statewide deployment of digital teaching and learning materials in elementary and secondary schools; and
(3)  develop and implement strategies that assist school districts in the adoption and implementation of digital teaching and learning materials.
Sec. 39.607.  REPORT. Not later than September 1, 2020, the commission shall prepare and deliver a report to the governor and the legislature that recommends statutory changes to develop a framework to incorporate digital teaching and learning in public schools.
Sec. 39.608.  PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) The commission may hold public meetings as needed to fulfill its duties under this subchapter.
(b)  The commission is subject to Chapters 551 and 552, Government Code.
Sec. 39.609.  COMMISSION ABOLISHED; EXPIRATION OF SUBCHAPTER. (a) The commission is abolished January 1, 2021.
(b)  This subchapter expires January 1, 2021.

Amendment No. 2 was adopted.

CSSB 2117, as amended, was passed to third reading. (Herrero and Hunter recorded voting no.)

SB 1404 ON SECOND READING
(Klick - House Sponsor)

SB 1404, A bill to be entitled An Act relating to consent to the disclosure of certain information and to other matters relating to newborn and infant screening tests.

SB 1404 was passed to third reading.

SB 1504 ON SECOND READING
(Thierry - House Sponsor)

SB 1504, A bill to be entitled An Act relating to the abolition of the B-On-time student loan account and the allocation of funds remaining in that account.

Amendment No. 1

Representative Thierry offered the following amendment to SB 1504:

Amend SB 1504 as follows:
(1) On page 1, line 8, strike "2021" and substitute "2024".

Amendment No. 1 was adopted.

SB 1504, as amended, was passed to third reading. (Hunter recorded voting no.)

CSSB 1572 ON SECOND READING
(Button - House Sponsor)

CSSB 1572, A bill to be entitled An Act relating to municipal registration of vacant buildings in certain municipalities.

CSSB 1572 - POINT OF ORDER

Representative Harris raised a point of order against further consideration of CSSB 1572 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.

CSSB 1572 was passed to third reading.

SB 372 ON SECOND READING
(VanDeaver - House Sponsor)

SB 372, A bill to be entitled An Act relating to the authority of an open-enrollment charter school to employ security personnel, commission peace officers, and have school resource officers.

Amendment No. 1

Representative Schaefer offered the following amendment to SB 372:

Amend SB 372 (house committee printing) as follows:
(1)  On page 1, line 12, strike "and".
(2)  On page 1, line 16, between "school" and the underlined period, insert the following:
; and
(3)  adopt a written local policy pursuant to Section 46.03(a)(1)(A), Penal Code, designating specified school employees as authorized to carry a firearm on the premises of the school

Amendment No. 1 - Point of Order

Representative Ortega 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 Sanford offered the following amendment to SB 372:

Amend SB 372 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Sections 37.0811(c), (d), and (e), Education Code, are amended to read as follows:
(c)  A school marshal appointed by the board of trustees of a school district or the governing body of an open-enrollment charter school may carry a concealed handgun or possess a handgun on the physical premises of a school, but only:
(1)  in the manner provided by written regulations adopted by the board of trustees or the governing body; and
(2)  at a specific school as specified by the board of trustees or governing body, as applicable.
(d)  Any written regulations adopted for purposes of Subsection (c) must provide that a school marshal may carry a concealed handgun on the school marshal's person or [as described by Subsection (c), except that if the primary duty of the school marshal involves regular, direct contact with students, the marshal may not carry a concealed handgun but may] possess the [a] handgun on the physical premises of a school in a locked and secured safe or other locked and secured location [within the marshal's immediate reach when conducting the marshal's primary duty].  The written regulations must also require that a handgun carried or possessed by [or within access of] a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.
(e)  A school marshal may use [access] a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.
SECTION ____.  Sections 37.0813(c), (d), and (e), Education Code, are amended to read as follows:
(c)  A school marshal appointed by the governing body of a private school may carry a concealed handgun or possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the governing body.
(d)  Any written regulations adopted for purposes of Subsection (c) must provide that a school marshal may carry a concealed handgun on the school marshal's person or [as described by Subsection (c), except that if the primary duty of the school marshal involves regular, direct contact with students in a classroom setting, the marshal may not carry a concealed handgun but may] possess the [a] handgun on the physical premises of a school in a locked and secured safe or other locked and secured location [within the marshal's immediate reach when conducting the marshal's primary duty]. The written regulations must also require that a handgun carried or possessed by [or within access of] a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.
(e)  A school marshal may use [access] a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.
SECTION ____.  Sections 51.220(d), (e), and (f), Education Code, are amended to read as follows:
(d)  A school marshal appointed by the governing board of a public junior college may carry a concealed handgun or possess a handgun on the physical premises of a public junior college campus, but only:
(1)  in the manner provided by written regulations adopted by the governing board; and
(2)  at a specific public junior college campus as specified by the governing board.
(e)  Any written regulations adopted for purposes of Subsection (d) must provide that a school marshal may carry a concealed handgun on the school marshal's person or [as described by Subsection (d), except that if the primary duty of the school marshal involves regular, direct contact with students, the marshal may not carry a concealed handgun but may] possess the [a] handgun on the physical premises of a public junior college campus in a locked and secured safe or other locked and secured location [within the marshal's immediate reach when conducting the marshal's primary duty]. The written regulations must also require that a handgun carried or possessed by [or within access of] a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.
(f)  A school marshal may use [access] a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.
SECTION ____.  The following provisions of this Act apply beginning with the 2019-2020 school year:
(1)  Sections 37.0811(c), (d), and (e), Education Code, as amended by this Act;
(2)  Sections 37.0813(c), (d), and (e), Education Code, as amended by this Act; and
(3)  Sections 51.220(d), (e), and (f), Education Code, as amended by this Act.

Amendment No. 2 was adopted.

SB 372, as amended, was passed to third reading.

SB 1637 ON SECOND READING
(Collier and S. Thompson - House Sponsors)

SB 1637, A bill to be entitled An Act relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.

Amendment No. 1

Representative Collier offered the following amendment to SB 1637:

Amend SB 1637 (house committee report) on page 11 by striking lines 9 through 22 and substituting the following:
(a-1)  Notwithstanding any other provision of law, as an alternative to requiring a defendant charged with one or more offenses to make payment of all special expense fees and court costs as required by Subsection (a), the judge may:
(1)  allow the defendant to enter into an agreement for payment of those fees and costs in installments during the defendant's period of probation;
(2)  require an eligible defendant to discharge all or part of those fees and costs by performing community service or attending a tutoring program under Article 45.049 or 45.0492; [or]
(3)  waive all or part of those fees and costs under Article 45.0491; or
(4)  take any combination of actions authorized by Subdivision (1), [or] (2), or (3).

SB 1637 - POINT OF ORDER

Representative Dutton raised a point of order against further consideration of SB 1637 under Rule 8, Section 13(c), of the House Rules on the grounds that the deadline for consideration of senate bills on second reading had passed.

The chair sustained the point of order, which precluded further consideration of the bill.

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. 5).

PROVIDING FOR RECESS

At 12:05 a.m., Wednesday, May 22, Representative Morrison moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house recess until 10 a.m. today.

The motion prevailed.

RESOLUTIONS REFERRED TO COMMITTEES

Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)

RECESS

In accordance with a previous motion, the house, at 12:13 a.m. Wednesday, May 22, recessed until 10 a.m. today.



ADDENDUM


REFERRED TO COMMITTEES

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

List No. 1

HR 1597 (By D. Bonnen), Congratulating Ryan Lindveit on being awarded the grand prize in the New York Youth Symphony's First Music program.
To Resolutions Calendars.

HR 1599 (By White), Congratulating William Howard Townsend on his 100th Birthday.
To Resolutions Calendars.

HR 1617 (By Murr), Congratulating Vivian Torres on her retirement as the county court at law judge for Medina County.
To Resolutions Calendars.

HR 1618 (By Wray), In memory of Jackie Gene Miller Sr. of Italy, Texas.
To Resolutions Calendars.

HR 1622 (By Raney), In memory of A. P. Boyd of College Station.
To Resolutions Calendars.

HR 1623 (By Raney), In memory of Wallace Wade "Wally" Moon of Bryan.
To Resolutions Calendars.

HR 1624 (By Wu), Commending Britnee Chuor for her service as a policy analyst in the office of State Representative Gene Wu.
To Resolutions Calendars.

HR 1625 (By Wu), Commending Julia Durnan for her service as a policy analyst in the office of State Representative Gene Wu during the 86th Legislative Session.
To Resolutions Calendars.

HR 1626 (By Wu), Commending Kelsey Lammons for her service as a policy analyst in the office of State Representative Gene Wu.
To Resolutions Calendars.

HR 1627 (By J.D. Johnson), Congratulating Dr. Nghia Le of Booker T. Washington High School and The High School for Engineering Professions in Houston on winning a 2019 H-E-B Excellence in Education Leadership Award.
To Resolutions Calendars.

HR 1628 (By Holland, Flynn, Lambert, Price, and Metcalf), Congratulating Larry Parks of Rockwall on receiving a 50-Year Banker Award from the Texas Bankers Association.
To Resolutions Calendars.

HR 1629 (By Holland), Commending Reid Rakow for his service as a legislative intern in the office of State Representative Justin Holland.
To Resolutions Calendars.

HR 1630 (By P. King), Congratulating Paula Jean Ard on her retirement from Weatherford ISD.
To Resolutions Calendars.

HR 1631 (By Blanco), Congratulating the boys' soccer team from Bel Air High School in El Paso on winning the 2019 UIL 5A state championship.
To Resolutions Calendars.

HR 1632 (By Blanco), Congratulating the members of the Riverside High School solar technology program and math team on earning regional awards in environmental engineering and applied mathematics.
To Resolutions Calendars.

HR 1637 (By J. González), Honoring Promise House for its work to alleviate youth homelessness in Dallas and North Texas.
To Resolutions Calendars.

HR 1638 (By J. González), Honoring Ebony Smith of Dallas for her work to bring yoga to underserved communities through Yoga N Da Hood.
To Resolutions Calendars.

HR 1639 (By Goldman), Commending Victoria Leigh Galindo for her service as an intern in the district office of State Representative Craig Goldman during the 86th Legislative Session.
To Resolutions Calendars.

HR 1640 (By Price), Recognizing May 2019 as Cystic Fibrosis Awareness Month.
To Resolutions Calendars.

HR 1641 (By Moody), Congratulating Bruce Orndorf on his 50th anniversary with the El Paso Police Department.
To Resolutions Calendars.

HR 1643 (By Leach), Commending PJ Putnam of Dallas for providing aid to the victim of a major highway accident.
To Resolutions Calendars.

HR 1644 (By Morrison), Honoring Texas Dance Hall Preservation for its work saving historic dance halls.
To Resolutions Calendars.

HR 1645 (By D. Bonnen), Congratulating Monsignor Leo Wleczyk on his retirement as pastor of St. Michael the Archangel Catholic Church in Lake Jackson.
To Resolutions Calendars.

HR 1647 (By White), Congratulating Rachel Scoggin of Lumberton High School on being named the 2019 Super Gold Girls' Assistant Soccer Coach of the Year by the Beaumont Enterprise.
To Resolutions Calendars.

HR 1649 (By Rodriguez), Congratulating Ashley Rivera of Blazier Elementary School on being named the 2019 Area 1 Elementary Teacher of the Year in Austin ISD.
To Resolutions Calendars.

HR 1650 (By Rodriguez), Congratulating Katye Howell of Travis Early College High School on being named the 2019 High School Teacher of the Year in Austin ISD.
To Resolutions Calendars.

HR 1651 (By Rodriguez), Recognizing Paul Tovar for his contributions to the Austin community.
To Resolutions Calendars.

HR 1652 (By Herrero), In memory of Stella De La Paz of Corpus Christi.
To Resolutions Calendars.

HR 1653 (By Reynolds), Congratulating the Dulles High School academic decathlon team on a successful showing at the 2019 USAD Nationals competition.
To Resolutions Calendars.

HR 1654 (By Kacal), Congratulating the football team from La Vega High School in Waco on winning the 2018 UIL 4A Division 1 state championship.
To Resolutions Calendars.

HR 1655 (By Kacal), Commending Dade Pritchett for his service as a legislative aide in the office of State Representative Kyle Kacal.
To Resolutions Calendars.

HR 1656 (By Kacal), In memory of Carlos Nestor Beltrame of Livermore, California.
To Resolutions Calendars.

HR 1657 (By White), Congratulating Dylan Fairley of Lumberton High School on being named the 2019 Super Gold Boys' Soccer Coach of the Year by the Beaumont Enterprise.
To Resolutions Calendars.

HR 1658 (By Guillen), Recognizing the first week of November in 2019 and 2020 as Municipal Courts Week.
To Resolutions Calendars.

HR 1659 (By White), Congratulating Jason Hopson of Lumberton High School on being named the 2019 Super Gold Girls' Soccer Coach of the Year by the Beaumont Enterprise.
To Resolutions Calendars.

HR 1660 (By Toth), Honoring retired U.S. Army Lt. Colonel Robert Grant Harmon of Montgomery County for his outstanding record of service.
To Resolutions Calendars.

HR 1661 (By Murr), Congratulating Janalyn Jones on her retirement as Sutton County treasurer.
To Resolutions Calendars.

HR 1662 (By Murr), Congratulating Andrew W. Barnebey on his retirement as the county commissioner for Edwards County Precinct No. 4.
To Resolutions Calendars.

HR 1663 (By Murr), Congratulating Mark Bean on his retirement as the tax assessor-collector for Edwards County.
To Resolutions Calendars.

HR 1664 (By Murr), Congratulating Terry Wheeler on his retirement as Bandera County treasurer.
To Resolutions Calendars.

HR 1665 (By Herrero), In memory of Arturo Melve of Corpus Christi.
To Resolutions Calendars.

HR 1666 (By Herrero), Congratulating Tia A. Whitman on graduating as the valedictorian of the Banquete High School Class of 2019.
To Resolutions Calendars.

HR 1667 (By Herrero), Congratulating Rodney Baltierra on graduating as the salutatorian of the Banquete High School Class of 2019.
To Resolutions Calendars.

HR 1668 (By Herrero), Congratulating Alexis Ruiz on graduating as the salutatorian of the Class of 2019 at Bishop High School.
To Resolutions Calendars.

HR 1669 (By Herrero), Congratulating Leila Contreras Villalobos on graduating as the valedictorian of the Class of 2019 at Bishop High School.
To Resolutions Calendars.

HR 1670 (By Herrero), Congratulating Oscar Peña on graduating as the salutatorian of the Class of 2019 at Roy Miller High School in Corpus Christi.
To Resolutions Calendars.

HR 1671 (By Herrero), Congratulating Amber Van Duyn on graduating as the valedictorian of the Class of 2019 at Roy Miller High School in Corpus Christi.
To Resolutions Calendars.

HR 1672 (By Lucio), Recognizing April 29 through May 5, 2019, as Healthy Texas Week.
To Resolutions Calendars.

HR 1673 (By Lucio), Commemorating the 40th anniversary of Sunrise Mall in Brownsville.
To Resolutions Calendars.

HR 1674 (By Lucio), Honoring Antonio "Tony" Martinez for his service as mayor of Brownsville.
To Resolutions Calendars.

HR 1676 (By Goldman), Commending the Fort Worth Zoo for being named the fourth best zoo in North America by USA Today.
To Resolutions Calendars.

HR 1677 (By Goldman), Congratulating the Western Hills High School Winterguard on winning the 2019 Regional AA NTCA Championships.
To Resolutions Calendars.

HR 1678 (By Martinez Fischer), Commending Andres Garza for his service as a legislative aide in the office of State Representative Trey Martinez Fischer.
To Resolutions Calendars.

HR 1679 (By Martinez Fischer), Commending Rebecca Gutierrez for her service as a legislative aide in the office of State Representative Trey Martinez Fischer.
To Resolutions Calendars.

HR 1681 (By Springer), Commending the Fairy Yardmothers for their landscaping work on the Aspermont Independent School District's campuses.
To Resolutions Calendars.

HR 1682 (By Shine), Commending Blake Dickerson for his service as a legislative aide in the office of State Representative Hugh D. Shine.
To Resolutions Calendars.

HR 1683 (By Shine), Commending Connor Leigh on his service as legislative director in the office of State Representative Hugh D. Shine.
To Resolutions Calendars.

HR 1684 (By Coleman), Honoring the University of Houston Hobby Fellows for their contributions to the 86th Texas Legislative Session.
To Resolutions Calendars.

HR 1685 (By Canales), Congratulating Coach Ray Dennis Morales of Alfonso Ramirez Elementary School in Edinburg on receiving the 2018 National All Star Teacher of the Year Award from Project Fit America.
To Resolutions Calendars.

HR 1686 (By Canales), Congratulating Coach Betty Kennan of Alfonso Ramirez Elementary School in Edinburg on receiving the 2018 National All Star Teacher of the Year Award from Project Fit America.
To Resolutions Calendars.

HR 1687 (By Canales), Congratulating Chris King on his accomplishments as director of athletics at The University of Texas Rio Grande Valley.
To Resolutions Calendars.

HR 1688 (By Kacal), Congratulating the Mart High School football team on winning the 2018 UIL 2A Division 2 state championship.
To Resolutions Calendars.

HR 1689 (By Reynolds), Congratulating the team from Dulles High School on placing second at the 2019 National Science Bowl.
To Resolutions Calendars.

HR 1691 (By Murr), Congratulating Candy Wheeler on her retirement as the county clerk for Bandera County.
To Resolutions Calendars.

HR 1692 (By Gutierrez), Congratulating Maryellen Rayner on her graduation from the University of Oklahoma.
To Resolutions Calendars.

HR 1693 (By Patterson), Honoring Yohann Lopes, founder of Our Helping Hearts, for working to provide food and care items to his fellow Texans in need.
To Resolutions Calendars.

HR 1694 (By Murr), Congratulating Ann Kothmann on her retirement as county clerk for Menard County.
To Resolutions Calendars.

HR 1695 (By Murr), Congratulating Charles McGuire on his retirement as commissioner of Precinct 2 for Kimble County.
To Resolutions Calendars.

HR 1696 (By J.D. Johnson), In memory of Lieutenant Colonel Melvin Lewis Myers Sr. of Houston.
To Resolutions Calendars.

HR 1697 (By Murr), Congratulating Eino Zapata on his retirement as justice of the peace for Bandera County Precinct 3.
To Resolutions Calendars.

HR 1698 (By Hunter), Congratulating Lynn and Michael Wright on their 50th wedding anniversary.
To Resolutions Calendars.

HR 1699 (By Murr), Congratulating William "Chad" Gipson on his retirement as commissioner of Precinct 4 for Kimble County.
To Resolutions Calendars.

HR 1700 (By Paul), Congratulating Giovanni Catanzaro on his graduation from Tarleton State University.
To Resolutions Calendars.

HR 1701 (By Murr), Congratulating Andy Wilkerson on his retirement as Bandera County commissioner for Precinct 4.
To Resolutions Calendars.

HR 1702 (By Hernandez), In memory of the Honorable Arthur Robert Hinojosa of Houston.
To Resolutions Calendars.

HR 1703 (By White), In memory of Charles Eugene "Charlie" Gee of Jasper.
To Resolutions Calendars.

HR 1704 (By Goldman), Congratulating students from Benbrook Middle-High School on their performance at the UIL District 9-4A Academic Meet.
To Resolutions Calendars.

HR 1705 (By Murr), Congratulating Thomas W. Pollard on his retirement as county judge for Kerr County.
To Resolutions Calendars.

HR 1706 (By Springer), Congratulating Clifton Smith of Childress on his induction into the Texas Rodeo Cowboy Hall of Fame.
To Resolutions Calendars.

HR 1709 (By Reynolds), Congratulating the boys' track team from Thurgood Marshall High School in Fort Bend ISD on winning the 5A championship at the 2019 UIL Track & Field State Meet.
To Resolutions Calendars.

HR 1710 (By Goodwin), In memory of Nancy McJunkin Scalise of Austin.
To Resolutions Calendars.

HR 1711 (By Rodriguez), Congratulating Cynthia Ayala of Ridgetop Elementary School on her selection as the 2019 Area 2 Elementary Teacher of the Year in the Austin Independent School District.
To Resolutions Calendars.

HR 1712 (By Rodriguez), Congratulating Kimberly Collins of the Ann Richards School for Young Women Leaders on her selection as the 2019 Middle School Teacher of the Year in Austin ISD.
To Resolutions Calendars.

HR 1713 (By Rodriguez), Honoring Eden East Restaurant & Farm on its contributions to the Austin business community.
To Resolutions Calendars.

HR 1714 (By Rodriguez), Honoring Suerte on its contributions to the Austin business community.
To Resolutions Calendars.

HR 1715 (By Rodriguez), Honoring Hops & Grain Brewing on its contributions