Wednesday, May 22, 2019

SEVENTY-FIRST DAY --- WEDNESDAY, MAY 22, 2019

The house met at 1:32 p.m. and was called to order by the speaker pro tempore.

The roll of the house was called and a quorum was announced present (Record 1607).

Present — Mr. Speaker; Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; 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; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody(C); 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 — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

LEAVES OF ABSENCE GRANTED

On motion of Representative Morrison and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day.

RULES SUSPENDED

Representative Morrison moved to suspend all necessary rules to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day.

The motion prevailed.

MOTION FOR ONE RECORD VOTE

On motion of Representative Morrison and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk.

LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

THIRD READING

The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following the bill number).

(Record 1608): 144 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 6

SB 58 (Tinderholt - no) (143 - 1 - 2)

SB 207 (Biedermann, Cain, Middleton, Stickland, Toth, and Zedler - no) (138 - 6 - 2)

SB 232 (Biedermann, Cain, Dean, Lang, Middleton, Oliverson, Shaheen, Stickland, Swanson, Tinderholt, Toth, Wray, and Zedler - no) (131 - 13 - 2)

SB 284 (Ashby, Biedermann, Cain, Middleton, and Patterson - no) (139 - 5 - 2)

SB 339 (Biedermann, Burrows, Cain, Dean, Goldman, Harris, Hefner, Lang, Noble, Shaheen, Springer, Tinderholt, Wilson, Wray, and Zedler - no) (129 - 15 - 2)

SB 340 (Dean, Lang, Patterson, Stickland, Toth, Wray, and Zedler - no) (137 - 7 - 2)

SB 341 (Harris and Ramos - no) (142 - 2 - 2)

SB 421 (Hefner and Noble - no) (142 - 2 - 2)

SB 483 (Hefner and Noble - no) (142 - 2 - 2)

SB 504 (Biedermann, G. Bonnen, Burrows, Cain, Dean, Goldman, Harris, Krause, Landgraf, Lang, Metcalf, Middleton, Oliverson, Patterson, Phelan, Springer, Stickland, Swanson, Tinderholt, Toth, Wray, and Zedler - no) (122 - 22 - 2)

SB 520 (G. Bonnen, Burrows, Goldman, Landgraf, and Springer - no) (139 - 5 - 2)

SB 548

SB 550 (Harris and Holland - no) (142 - 2 - 2)

SB 575

SB 592 (Allison, Ashby, Biedermann, G. Bonnen, Burns, Burrows, Cain, Clardy, Darby, Dean, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Lang, Middleton, Murr, Noble, Patterson, Schaefer, Shaheen, Shine, Springer, Swanson, Tinderholt, Toth, VanDeaver, Wray, and Zedler - no) (113 - 31 - 2)

SB 688

SB 712 (Biedermann, Cain, Darby, Hefner, Noble, Shine, Stickland, Toth, and Wilson - no) (135 - 9 - 2)

SB 751 (Middleton, Stickland, and Toth - no) (141 - 3 - 2)

SB 902

SB 907

SB 911 (G. Bonnen, Burrows, Goldman, Metcalf, Noble, Phelan, and Springer - no) (137 - 7 - 2)

SB 948 (Darby, Hefner, Noble, Schaefer, Shine, Swanson, Tinderholt, and Wilson - no) (136 - 8 - 2)

SB 976

SB 981 (Biedermann, Cain, Krause, Middleton, Schaefer, Stickland, Tinderholt, and Toth - no) (136 - 8 - 2)

SB 982 (Stickland, Tinderholt, and Toth - no) (141 - 3 - 2)

SB 986

SB 1125 (G. Bonnen, Burrows, Goldman, Metcalf, and Phelan - no) (139 - 5 - 2)

SB 1138 (Dean, Lang, Middleton, Patterson, Schaefer, Shaheen, Stickland, Toth, and Zedler - no) (135 - 9 - 2)

SB 1180

SB 1217 (Cyrier, Stickland, and Toth - no) (141 - 3 - 2)

SB 1221

SB 1230

SB 1271 (Ashby, Biedermann, G. Bonnen, Burns, Burrows, Cain, Cyrier, Darby, Dean, Goldman, Harris, Hefner, Holland, Landgraf, Lang, Metcalf, Middleton, Murr, Noble, Oliverson, Patterson, Phelan, Shaheen, Shine, Springer, Stickland, Swanson, Toth, VanDeaver, Wray, and Zedler - no) (113 - 31 - 2)

SB 1336 (Biedermann, Cain, Dean, Harris, Krause, Lang, Middleton, Patterson, Stickland, Toth, Wilson, Wray, and Zedler - no) (131 - 13 - 2) (Sanford requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)

SB 1374

SB 1386 (Schaefer, Stickland, Swanson, and Toth - no) (140 - 4 - 2)

SB 1397

SB 1422 (Allison, Ashby, Biedermann, G. Bonnen, Burrows, Cain, Clardy, Darby, Dean, Goldman, Hefner, Holland, Lang, Middleton, Noble, Patterson, Shine, Springer, Swanson, Tinderholt, Toth, Wilson, and Wray - no) (121 - 23 - 2)

SB 1441 (Biedermann, G. Bonnen, Burrows, Cain, Dean, Goldman, Harris, Hefner, Krause, Lang, Metcalf, Middleton, Noble, Oliverson, Patterson, Phelan, Springer, Tinderholt, Wray, and Zedler - no) (124 - 20 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)

SB 1476

SB 1570 (G. Bonnen, Burrows, Goldman, Metcalf, Phelan, and Springer - no) (138 - 6 - 2)

SB 1593

SB 1623 (Biedermann and Cain - no) (142 - 2 - 2)

SB 1642 (Biedermann, Cain, Cyrier, Dean, Harris, Holland, Lang, Middleton, Patterson, Schaefer, Stickland, Swanson, Tinderholt, Toth, Wray, and Zedler - no) (128 - 16 - 2)

SB 1778 (Biedermann, G. Bonnen, Cain, Middleton, and Schaefer - no) (139 - 5 - 2)

SB 1788 (Biedermann, G. Bonnen, Burrows, Cain, Dean, Goldman, Lang, Metcalf, Middleton, Patterson, Phelan, Springer, Stickland, Toth, Wilson, Wray, and Zedler - no) (127 - 17 - 2)

SB 1806 (Burrows, Goldman, Metcalf, Oliverson, Phelan, and Springer - no) (138 - 6 - 2)

SB 1828

SB 1845 (Darby, Hefner, Shine, and Tinderholt - no) (140 - 4 - 2)

SB 1859 (Dean, Lang, Patterson, Schaefer, Shaheen, Wray, and Zedler - no) (138 - 6 - 2)

SB 1943 (Cyrier and Toth - no) (142 - 2 - 2)

SB 1969 (Landgraf and Middleton - no) (142 - 2 - 2)

SB 1971

SB 2011 (Biedermann, Cain, Dean, Lang, Schaefer, Shaheen, Swanson, Wray, and Zedler - no) (136 - 8 - 2)

SB 2015

SB 2060 (Dean, Lang, Middleton, Wray, and Zedler - no) (139 - 5 - 2)

SB 2073 (Tinderholt - no) (143 - 1 - 2)

SB 2083

SB 2128

SB 2136

SB 2143 (Biedermann, G. Bonnen, Cain, Darby, Hefner, Holland, Metcalf, Noble, Phelan, and Shine - no) (134 - 10 - 2)

SB 2156

SB 2168 (Biedermann, Cain, Middleton, Swanson, and Tinderholt - no) (139 - 5 - 2)

SB 2215 (Biedermann, Cain, Dean, Krause, Lang, Middleton, Patterson, Wray, and Zedler - no) (135 - 9 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)

SB 2248 (Biedermann, G. Bonnen, Burrows, Cain, Darby, Dean, Goldman, Hefner, Lang, Metcalf, Middleton, Noble, Patterson, Phelan, Schaefer, Shaheen, Shine, Springer, Stickland, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (120 - 24 - 2)

SB 2270 (Biedermann, G. Bonnen, Burrows, Cain, Cyrier, Dean, Goldman, Krause, Lang, Metcalf, Middleton, Patterson, Phelan, Schaefer, Springer, Stickland, Swanson, Toth, Wilson, Wray, and Zedler - no) (123 - 21 - 2) (Sanford requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)

SB 2296 (Schaefer - no) (143 - 1 - 2)

SB 2309

SB 2330

SB 2364

SB 2410 (Darby, Hefner, Noble, and Shine - no) (140 - 4 - 2)

SB 2445 (Allison, Ashby, Biedermann, G. Bonnen, Burrows, Cain, Clardy, Darby, Dean, Goldman, Hefner, Holland, Krause, Landgraf, Lang, Middleton, Noble, Shaheen, Shine, Springer, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (118 - 26 - 2)

SB 2456 (Allison, Ashby, Biedermann, G. Bonnen, Burrows, Cain, Clardy, Darby, Dean, Goldman, Hefner, Holland, Landgraf, Lang, Middleton, Noble, Patterson, Shaheen, Shine, Springer, Swanson, Tinderholt, Toth, Wilson, and Wray - no; Collier - present, not voting) (118 - 25 - 3)

SB 2505 (Allison, Ashby, Biedermann, G. Bonnen, Burrows, Cain, Clardy, Darby, Dean, Goldman, Hefner, Holland, Krause, Landgraf, Lang, Middleton, Noble, Patterson, Shaheen, Shine, Springer, Swanson, Tinderholt, Wilson, Wray, and Zedler - no) (118 - 26 - 2)

SB 2530 (Allison, Ashby, Biedermann, G. Bonnen, Burrows, Cain, Clardy, Cyrier, Darby, Dean, Goldman, Harris, Hefner, Holland, Krause, Landgraf, Lang, Middleton, Noble, Patterson, Schaefer, Shaheen, Shine, Springer, Swanson, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (114 - 30 - 2)

SB 2531

SB 2552 (Ashby, G. Bonnen, Burrows, Goldman, Holland, Krause, Landgraf, Lang, Middleton, Patterson, Springer, Stickland, Tinderholt, Toth, Wilson, Wray, and Zedler - no) (127 - 17 - 2) (Swanson requested to be recorded voting no after the deadline established by Rule 5, Section 52, of the House Rules.)

SB 2558 (Allison, Ashby, Biedermann, G. Bonnen, Burrows, Cain, Clardy, Dean, Goldman, Hefner, Holland, Landgraf, Lang, Middleton, Noble, Patterson, Schaefer, Shaheen, Shine, Springer, Swanson, Tinderholt, Toth, Wray, and Zedler - no) (120 - 24 - 2)

SB 390 (Allison, Ashby, Biedermann, G. Bonnen, Burrows, Cain, Clardy, Cyrier, Darby, Dean, Harris, Hefner, Holland, Landgraf, Lang, Metcalf, Middleton, Noble, Patterson, Phelan, Shaheen, Shine, Springer, Swanson, Tinderholt, Wray, and Zedler - no) (118 - 26 - 2)

SB 1147 (Darby and Dean - no) (142 - 2 - 2)

SB 1200

REGULAR ORDER OF BUSINESS SUSPENDED

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

MAJOR STATE CALENDAR
SENATE BILLS
THIRD READING

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

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

SB 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 J. González offered the following amendment to SB 20:

Amend SB 20 on third reading as follows:

(1) In the SECTION of the bill adding Article 42A.515, Code of Criminal Procedure, as amended by Amendment No. 3 by J. González on second reading, strike added Subsections (a), (b), and (c) of that article and substitute the following:

(a) Except as provided by Subsection (e), on a defendant's conviction of a Class B misdemeanor under Section 43.02(c), Penal Code, the judge shall suspend imposition of the sentence and place the defendant on community supervision. 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.

(b) Except as provided by Subsection (e), on a defendant's conviction of a Class A misdemeanor under Section 43.02(c), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision. This subsection does not apply to a defendant who has previously been convicted of any other Class A misdemeanor under Section 43.02(c), Penal Code.

(c) A judge who places a defendant on community supervision under Subsection (a) or (b) shall require as a condition of community supervision that the defendant participate in a commercially sexually exploited persons court program established under Chapter 126, Government Code, if a program has been established for the county or municipality where the defendant resides. Sections 126.002(b) and (c), Government Code, do not apply with respect to a defendant required to participate in the court program under this subsection.

(2) In the SECTION of the bill amending Section 411.042(b), Government Code, as amended by Amendment No. 3 by J. González on second reading, strike Subdivision (5) of that subsection and substitute the following:

(5) maintain a list of all previous background checks for applicants for any position regulated under Chapter 1702, Occupations Code, who have undergone a criminal history background check under Section 411.119, if the check indicates a Class B misdemeanor or equivalent offense or a greater offense;

(3) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____.____. Section 43.02, Penal Code, is amended by adding Subsection (b-1) and amending Subsection (c) 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.

[~~(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).

Amendment No. 1 was adopted.

Amendment No. 2

Representative Murphy offered the following amendment to SB 20:

Amend SB 20 on third reading as follows:

(1) Strike the ARTICLE of the bill entitled "TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF PERSONS", as amended by Amendment No. 2 by Murphy on second reading.

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

ARTICLE ____. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF PERSONS

SECTION ____.____. Section 3.03(b), Penal Code, is amended to read as follows:

(b) If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:

(1) an offense:

(A) under Section 49.07 or 49.08, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;

(2) an offense:

(A) under Section 33.021 or an offense under Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;

(3) an offense:

(A) under Section 21.15 or 43.26, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(4) an offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure;

(5) an offense:

(A) under Section 20A.02, 20A.03, or 43.05, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section [~~both sections~~]; or

(6) an offense:

(A) under Section 22.04(a)(1) or (2) or Section 22.04(a-1)(1) or (2) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section.

SECTION ____.____. 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.

SECTION ____.____. The change in law made by this article applies 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.

(3) Renumber the ARTICLES and SECTIONS of the bill accordingly.

Amendment No. 2 was adopted.

SB 20 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

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

The motion prevailed.

SB 20, as amended, was passed by (Record 1609): 126 Yeas, 10 Nays, 2 Present, not voting.

Yeas — Allison; Anderson; Ashby; Bailes; Beckley; Bernal; Blanco; Bohac; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; 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.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; 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, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Landgraf; Lang; Patterson; Price; Schaefer; Springer; Stickland; Wilson.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Allen; Anchia; Bell, C.; Bowers; Deshotel; Johnson, J.D.; Martinez Fischer; Turner, C.

STATEMENTS OF VOTE

When Record No. 1609 was taken, I was in the house but away from my desk. I would have voted yes.

C. Bell

When Record No. 1609 was taken, my vote failed to register. I would have voted yes.

Martinez Fischer

When Record No. 1609 was taken, I was shown voting yes. I intended to vote no.

Murr

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

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

SB 11 - POINT OF ORDER

Representative Stickland raised a point of order against further consideration of SB 11 under Rule 11, Section 3, of the House Rules. The point of order was overruled and the speaker submitted the following ruling:

RULING BY THE SPEAKER

on Senate Bill 11

Announced in the House on May 22, 2019
(Speaker pro tempore in the chair)

Representative Stickland raises a point of order against further consideration of SB 11 under Rule 11, Section 3, of the House Rules on the grounds that the bill has been amended throughout its passage so as to change its original purpose.

Mr. Stickland argues that the offending change was made on second reading by the Allison Amendment as amended by the Zerwas Amendment. The Chair has previously ruled that the amendments were on the same subject because they both addressed the subject of student mental health as it relates to school safety, which is the purpose of the bill. 86 H. Jour. 4414-4415 (2019) (ruling on Amendment No. 9 to CSSB 11). In the opinion of the Chair, the original purpose of the bill has not been changed.

Accordingly, the point of order is respectfully overruled.

SB 11 - POINT OF ORDER

Representative Stickland raised a point of order against further consideration of SB 11 under Rule 8, Section 3, of the House Rules. The point of order was overruled and the speaker submitted the following ruling:

RULING BY THE SPEAKER

on Senate Bill 11

Announced in the House on May 22, 2019
(Speaker pro tempore in the chair)

Representative Stickland raises a point of order against further consideration of SB 11 under Rule 8, Section 3, of the House Rules on the grounds that the bill has more than one subject.

Mr. Stickland argues that the second reading Allison and Zerwas Amendments added the impermissible second subjects. The Chair has previously ruled that the amendments were on the same subject as the bill. 86 H. Jour. 4511 (2019) (ruling on point of order against third reading consideration of SB 11). Therefore, the bill has a single subject and does not violate the rule.

Accordingly, the point of order is respectfully overruled.

SB 11 - REMARKS

REPRESENTATIVE SHINE: Dr. Bonnen, I just have a couple of questions I need to have you answer, please. In order to further the consortium's work and address this continuum of care, should the health system of the executive committee be an integrated community mental health provider?

REPRESENTATIVE G. BONNEN: Yes.

SHINE: And should that provider also serve both urban and rural patients?

G. BONNEN: Absolutely.

SHINE: And through the use of the critical access hospital that has implemented telehealth services as well?

G. BONNEN: Yes, right.

REMARKS ORDERED PRINTED

Representative Shine moved to print remarks between Representative G. Bonnen and Representative Shine on SB 11.

The motion prevailed.

REPRESENTATIVE OLIVERSON: I appreciate your legislation very much. I thought we could just talk for a couple of minutes as two doctors back and forth. I've certainly heard some things, and I just want to clarify them with you. Does this bill lead to the overprescribing of psychotropic medication for all of our children in public schools?

G. BONNEN: It does not. In fact, interestingly, with the addition now of the mental health consortium language into the bill, there's a more collaborative or multidisciplinary approach where not only will pediatricians be providing care, but they will have the opportunity through telemedicine to consult with pediatric psychiatrists which are very rare and not as available as we would like. And that actually leads to a reduction in the prescription of medications to manage some of these diagnoses.

OLIVERSON: And I think you would agree––I was thinking back to my own rotations in psychiatry in medical school––in the DSM-IV, you know, there are conditions that are best treated with behavioral modification therapy or other types of non-pharmacological treatments.

G. BONNEN: That's actually the mainstay of most treatment. And in addition to that, I think that it's important to keep in mind that only a licensed physician can prescribe medication. So a counselor, an administrator at a school, a team of employees in the school have no prescriptive authority.

OLIVERSON: So does your bill allow or create a situation where we're going to have psychiatrists or pediatricians in public schools seeing patients or anything like that?

G. BONNEN: No. What we're trying to accomplish is to, first of all, with the school safety bill, have a committee that's responsible for the multihazard operations plan of the school, have a threat assessment team that can vet whether there is a legitimate concern that someone may be threatening to harm themselves or others, and then have a network of resources available to the parents of each child so that, as appropriate, the parents are not just told there's a concern. They're also given an option with their consent to receive appropriate treatment for whatever the concern may be.

OLIVERSON: You brought up the word "consent," so I thought maybe we could talk for a couple of minutes about that because I know that's also been an issue that has been raised. I know before I treat patients––and I'm sure Dr. Zerwas would agree––we get written consent that patients actually sign. Are these children capable of giving written consent for treatment without parental consent as part of the process?

G. BONNEN: Only if they're above 18. For anyone who is a minor, it requires parental consent, and that actually is in an amendment. First of all, it's throughout the bill, and it's current law. But in addition to that, I amended the bill to restate that. And not only is it a written consent, but it is a consent that must be compliant with all applicable state and federal law, which by definition means it would be an informed consent. In my entire career as a physician, going back to beginning medical school in 1988, I've never seen a consent for health care services that wasn't an informed consent that identified the physician providing the services, the purpose for the services being provided, the services to be provided, and the risks associated with the provision of those services. So by definition, these are informed consents. Otherwise, they're not compliant with existing law.

OLIVERSON: And these services simply can't be offered without that consent, correct? That's essentially assault at that point, right?

G. BONNEN: They cannot be offered without that consent, and no licensed physician would want to consider offering them without consent.

OLIVERSON: So just a couple of general questions and then I look forward to passing this bill with you. Why do you think we are here? Why do you think we continue to have these problems with shootings and episodes at our schools? What's the underlying fundamental problem here?

G. BONNEN: Clearly, the underlying problem here is a behavioral one, and there are typically warning signs, and there are concerns that people will note. But in most of these––or far too many cases––no one actually says something. No one actually asks the question. Nobody actually intervenes or reaches out to try to understand what's going on with that individual, what could be done that might change the trajectory or the course that they're on. If we can address that underlying foundational issue, that will make our schools safer.

OLIVERSON: And I think, as you and I have talked about this, there's no one really to blame for that as the status quo because, as we've discussed, our schools are simply not prepared as of right now to deal with these complex situations, right?

G. BONNEN: I think it's a combination. Not only preparedness, but I would say that what we're doing here is––first of all, we're giving them the direction. We're giving them the requirement that you need to actually do these assessments and be prepared to be proactive and engage. And secondly, we're giving them the backup and the support to say that when you do this, you're doing it because you've been instructed to do it,

OLIVERSON: Thank you, Dr. Bonnen. I appreciate your time. I look forward to passing this bill with you.

SB 11 was passed by (Record 1610): 135 Yeas, 7 Nays, 3 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; 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; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Hefner; Lang; Schaefer; Stickland; Swanson.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Middleton.

STATEMENTS OF VOTE

When Record No. 1610 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

When Record No. 1610 was taken, I was shown voting yes. I intended to vote no.

White

REASONS FOR VOTE

On second reading, I voted against this bill because of uncertainty about what the bill actually contained. The addition of the Zerwas amendment to the amendment left many questions unanswered about what mental health provisions did end up in the bill. I do support the school safety provisions of the bill. It is imperative that we protect the fundamental constitutional right to life. After reviewing the contents of the bill as amended, I feel comfortable supporting this legislation even with the inclusion of the mental health consortium because of the parental consent safeguards in place. I cannot in good conscience vote against a bill that could protect the precious lives of students in our state.

Krause

Security in our schools is a serious priority in order to protect the children of our state. There are many aspects of SB 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

GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING

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

SB 1804 ON THIRD 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.

Amendment No. 1

Representative Nevárez 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 ____. Notwithstanding Section 1(b), Chapter 790 (HB 2662), Acts of the 85th Legislature, Regular Session, 2017, Section 401.207(g), Health and Safety Code, as amended by that Act, takes effect September 1, 2021.

SECTION ____. Notwithstanding Section 3(b), Chapter 790 (HB 2662), Acts of the 85th Legislature, Regular Session, 2017, Section 401.2445, Health and Safety Code, as added by that Act, takes effect September 1, 2021.

Amendment No. 1 was adopted. (Rodriguez recorded voting no.)

REASON FOR VOTE

I requested to be recorded voting no on the third reading amendment to SB 1804 because it would benefit a particular radioactive waste facility and was wrongfully tacked on to an otherwise commendable domestic violence bill.

Rodriguez

SB 1804, as amended, was passed by (Record 1611): 142 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Darby; Middleton.

SB 449 ON THIRD 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.

Amendment No. 1

Representative Y. Davis offered the following amendment to SB 449:

Amend SB 449 (house committee report) by adding the following appropriately numbered sections:

SECTION ____. Sections 327.007(b), Tax Code, is amended to read as follows:

(b) An election to reauthorize the tax is called and held in the same manner as an election to adopt the tax under Section 327.006, except the ballot proposition shall be prepared to permit voting for or against the proposition: "The reauthorization of the local sales and use tax in (name of municipality) at the rate of (insert appropriate rate) to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the (insert "first day of the first calendar quarter occurring after the fourth anniversary" or "last day of the first calendar quarter occurring after the (insert[,] eighth[,] or 10th anniversary, as applicable)") [~~anniversary~~] of the date of this election unless the imposition of the tax is reauthorized."

SECTION ____. The change in law made by this Act to Section 327.007(b), Tax Code, applies only to ballot language for an election ordered on or after the effective date of this Act. Ballot language for an election ordered before the effective date of this Act is governed by the law in effect when the election was ordered.

Amendment No. 1 was adopted.

SB 449, as amended, was passed by (Record 1612): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Klick.

SB 212 ON THIRD READING
(Morrison, Button, and Neave - House Sponsors)

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 passed by (Record 1613): 128 Yeas, 13 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; 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; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; 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; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Hefner; Krause; Lang; Patterson; Schaefer; Shaheen; Springer; Stickland; Swanson; Tinderholt; Wilson.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Coleman; Klick.

STATEMENTS OF VOTE

When Record No. 1613 was taken, I was shown voting present, not voting. I intended to vote yes.

C. Bell

When Record No. 1613 was taken, I was shown voting yes. I intended to vote no.

Middleton

When Record No. 1613 was taken, I was shown voting no. I intended to vote yes.

Shaheen

When Record No. 1613 was taken, I was shown voting no. I intended to vote yes.

Swanson

SB 563 ON THIRD 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 passed by (Record 1614): 143 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; 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; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Canales.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 194 ON THIRD READING
(Moody, Meyer, Collier, Leach, Beckley, et al. - House Sponsors)

SB 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.

SB 194 was passed by (Record 1615): 143 Yeas, 0 Nays, 3 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENT OF VOTE

When Record No. 1615 was taken, I was shown voting present, not voting. I intended to vote yes.

Thierry

SB 1991 ON THIRD 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.

SB 1991 was passed by (Record 1616): 141 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; 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; Moody(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Capriglione; Ortega.

SB 2138 ON THIRD READING
(S. Davis - House Sponsor)

SB 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 Sheffield offered the following amendment to SB 2138:

Amend SB 2138 on third reading 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. 1 was adopted.

Amendment No. 2

Representative Price offered the following amendment to SB 2138:

Amend SB 2138 on third reading as follows:

(1) Add the following appropriately numbered SECTIONS to the bill and renumber 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 ____. Effective September 1, 2019, 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.

(2) Strike the SECTION of the bill providing the effective date 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.

Amendment No. 3

Representative Raymond offered the following amendment to SB 2138:

Amend SB 2138 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Using existing resources, the Health and Human Services Commission shall study the feasibility of extending the private duty nursing benefit to individuals that have aged out of the Star Kids program. In determining the feasibility of continuing the benefit as a Medicaid covered service, the commission shall determine potential cost savings, impact on the health outcomes of these individuals, impacts related to hospitalizations and institutionalizations, and sufficient utilization controls that restrict continued access to individuals with a functional or clinical need.

Not later than December 1, 2019, the Health and Human Services Commission shall submit a report containing the commission's findings and recommendations to the governor, the Legislative Budget Board, and the standing committees of the senate and the house of representatives with primary jurisdiction over Health and Human Services.

Amendment No. 3 was adopted.

SB 2138, as amended, was passed by (Record 1617): 131 Yeas, 13 Nays, 2 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.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; 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; 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.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Dean; Harris; Hunter; Krause; Lang; Middleton; Schaefer; Stickland; Tinderholt; Wilson; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1617 was taken, I was shown voting yes. I intended to vote no.

Cyrier

When Record No. 1617 was taken, I was shown voting yes. I intended to vote no.

Metcalf

When Record No. 1617 was taken, I was shown voting yes. I intended to vote no.

Phelan

When Record No. 1617 was taken, I was shown voting yes. I intended to vote no.

Shaheen

When Record No. 1617 was taken, I was shown voting yes. I intended to vote no.

Swanson

SB 1519 ON THIRD 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 Oliverson offered the following amendment to SB 1519:

Amend SB 1519 (house committee report) as follows:

(1) On page 2, line 23, strike "and regarding" and substitute ",".

(2) On page 2, line 24, between "facilities" and the underlined period, insert ", and the allocation of Medicaid beds in those facilities".

(3) On page 3, strike line 4.

(4) On page 3, line 7, strike the underlined period and substitute the following:

; and

(4) study and make recommendations relating to the allocation of and need for Medicaid beds in long-term care facilities, including studying and making recommendations relating to:

(A) the effectiveness of rules adopted by the executive commissioner relating to the procedures for certifying and decertifying Medicaid beds in long-term care facilities; and

(B) the need for modifications to those rules to better control the procedures for certifying and decertifying Medicaid beds in long-term care facilities.

Amendment No. 1 was adopted.

SB 1519 - POINT OF ORDER

Representative Cain raised a point of order against further consideration of SB 1519 under Rule 8, Section 3, of the House Rules and under Article III, Section 35, of the Texas Constitution on the grounds that the bill contains more than one subject.

The point of order was withdrawn.

SB 1519, as amended, was passed by (Record 1618): 107 Yeas, 36 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; 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; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rose; Rosenthal; Sheffield; Sherman; Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Biedermann; Bonnen; Burns; Burrows; Cain; Craddick; Cyrier; Goldman; Harless; Harris; Hefner; Holland; Hunter; Krause; Landgraf; Lang; Metcalf; Middleton; Murr; Parker; Patterson; Paul; Phelan; Sanford; Schaefer; Shaheen; Smith; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; White; Wilson; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Romero.

STATEMENTS OF VOTE

When Record No. 1618 was taken, I was shown voting yes. I intended to vote no.

Dean

When Record No. 1618 was taken, my vote failed to register. I would have voted yes.

Romero

When Record No. 1618 was taken, I was shown voting yes. I intended to vote no.

Stucky

SB 2553 ON THIRD 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.

SB 2553 was passed by (Record 1619): 104 Yeas, 38 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal; Blanco; Bowers; Bucy; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frank; Frullo; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Kuempel; Lambert; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Cain; Craddick; Flynn; Goldman; Harris; Hefner; Krause; Landgraf; Lang; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Sanford; Schaefer; Shaheen; Smith; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; VanDeaver; Wilson; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Gutierrez; Johnson, J.D.

STATEMENT OF VOTE

When Record No. 1619 was taken, I was shown voting yes. I intended to vote no.

Dean

SB 1755 ON THIRD 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 by (Record 1620): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; 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; Moody(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Calanni; Nevárez.

STATEMENTS OF VOTE

When Record No. 1620 was taken, I was in the house but away from my desk. I would have voted yes.

Calanni

When Record No. 1620 was taken, I was in the house but away from my desk. I would have voted yes.

Nevárez

SB 2272 ON THIRD READING
(Metcalf - House Sponsor)

SB 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.

SB 2272 was passed by (Record 1621): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Stephenson.

SB 2409 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Martinez Fischer moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Lopez as a house sponsor to SB 2409.

The motion prevailed.

SB 2409 ON THIRD READING
(Moody, Martinez Fischer, and Lopez - 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 by (Record 1622): 113 Yeas, 31 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frank; Frullo; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; 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; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Canales; Craddick; Cyrier; Dean; Flynn; Hefner; Holland; King, P.; Krause; Landgraf; Lang; Leman; Metcalf; Middleton; Murr; Oliverson; Parker; Patterson; Sanford; Schaefer; Shaheen; Stickland; Swanson; Tinderholt; Toth; White; Wilson; Wray; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1622 was taken, I was shown voting yes. I intended to vote no.

C. Bell

When Record No. 1622 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 1622 was taken, I was shown voting yes. I intended to vote no.

Harris

When Record No. 1622 was taken, I was shown voting yes. I intended to vote no.

Stucky

SB 1219 ON THIRD 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 by (Record 1623): 139 Yeas, 5 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; 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 — Cain; Lang; Middleton; Schaefer; Stickland.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENT OF VOTE

When Record No. 1623 was taken, I was shown voting no. I intended to vote yes.

Middleton

SB 502 ON THIRD 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.

SB 502 was passed by (Record 1624): 142 Yeas, 1 Nays, 2 Present, not voting.

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

Nays — Stickland.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Landgraf.

SB 1231 ON THIRD 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 by (Record 1625): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Thierry.

STATEMENT OF VOTE

When Record No. 1625 was taken, my vote failed to register. I would have voted yes.

Thierry

SB 799 ON THIRD 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 on third reading as follows:

(1) Strike Sections 418.055(b) and (c), Government Code, as added by Amendment No. 1 by Murr on second reading (page 1, lines 11 through 29, of the amendment) and substitute the following:

(b) The wet debris work group is established and composed of representatives of the division, any other state agencies selected by the division, and local and federal governmental entities.

(2) Strike the SECTION of the bill requiring the governor to appoint members to the wet debris work group as added by Amendment No. 1 by Murr on second reading (page 2, lines 22 through 26, of the amendment).

Amendment No. 1 was adopted.

Amendment No. 2

Representative Morrison offered the following amendment to SB 799:

Amend SB 799 on third reading as follows:

(1) Strike the SECTION of the bill providing an effective date and substitute the following appropriately numbered SECTION:

SECTION ____. (a) Except as otherwise provided by this Act, this Act takes effect September 1, 2019.

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

SECTION ____. (a) Section 61.003(6), Education Code, is amended to read as follows:

(6) "Other agency of higher education" means The University of Texas System, System Administration; The University of Texas at El Paso [~~Western University~~] Museum; The Texas A&M University System, Administrative and General Offices; Texas A&M AgriLife Research [~~Agricultural Experiment Station~~]; Texas A&M AgriLife [~~Agricultural~~] Extension Service; Rodent and Predatory Animal Control Service (a part of the Texas A&M AgriLife [~~Agricultural~~] Extension Service); Texas A&M Engineering Experiment Station (including the Texas A&M Transportation Institute); Texas A&M Engineering Extension Service; Texas A&M Forest Service; Texas Division of Emergency Management; Texas Tech University Museum; Texas State University System, System Administration; Sam Houston Memorial Museum; Panhandle-Plains Historical Museum; Cotton Research Committee of Texas; Texas Water Resources Institute [~~of Texas~~]; Texas A&M Veterinary Medical Diagnostic Laboratory; and any other unit, division, institution, or agency which shall be so designated by statute or which may be established to operate as a component part of any public senior college or university, or which may be so classified as provided in this chapter.

(b) Section 88.001, Education Code, is amended to read as follows:

Sec. 88.001. AGENCIES AND SERVICES. The agencies and services of the Texas A&M [~~A & M~~] University System are:

(1) the Texas A&M Forest Service (see Subchapter B of this chapter);

(2) [~~the~~] Texas A&M AgriLife Research [~~Agricultural Experiment Station~~] (see Subchapter C of this chapter);

(3) the Texas A&M AgriLife [~~Agricultural~~] Extension Service, established by action of the board of directors;

(4) the Texas A&M Engineering Experiment Station, established by action of the board of directors;

(5) the Texas A&M Engineering Extension Service, established by action of the board of directors;

(6) the Texas Division of Emergency Management (see Subchapter C, Chapter 418, Government Code); and

(7) [~~(6)~~] other agencies and services that may be established by law or by action of the board of directors.

(b) The emergency management council is composed of representatives of state agencies, boards, commissions, and organized volunteer groups designated by the head of each entity. At least once each biennium, the governor shall review the composition of the council and, if necessary, update or expand the participating entities.

(d) Section 418.041, Government Code, is amended to read as follows:

Sec. 418.041. ORGANIZATION. (a) The Texas Division of Emergency Management is a component [~~division~~] of The Texas A&M University System [~~the department~~].

(b) The division is managed by a chief appointed by the [~~public safety director of the department, with the approval of the~~] governor. The chief serves at the pleasure of the governor [~~public safety director~~]. The chief must possess professional training and knowledge consisting of not less than five years of managerial or strategic planning experience in matters relating to public safety, security, emergency services, and emergency response.

(c) At least once every two months, the following shall meet to coordinate efforts, prevent overlap of activities, and ensure that the state's approach to emergency management and homeland security is unified:

(1) a representative of the department;

(2) a representative of the division;

(3) [~~a representative of the governor's office of homeland security;~~

[~~(4)~~] the presiding officer of the Homeland Security Council; and

(4) [~~(5)~~] a state agency representative from the emergency management council, selected by the chair of the emergency management council.

(d) The division shall employ other coordinating and planning officers and other professional, technical, secretarial, and clerical personnel necessary to the performance of its functions.

(e) The division shall manage and staff the state operations center under an agreement with the department.

(e) Section 418.050(c), Government Code, is amended to read as follows:

(c) The division, in consultation with representatives of affected parties and local emergency management directors, shall develop a reentry credentialing process. The division shall include the credentialing process in the phased reentry plan. The department [~~Department of Public Safety of the State of Texas~~] shall provide support for the credentialing process.

(f) Section 418.051(c), Government Code, is amended to read as follows:

(1) the Texas military forces;

(2) the department [~~Department of Public Safety of the State of Texas~~];

(3) the Federal Emergency Management Agency;

(4) federal agencies that comprise Emergency Support Function No. 2;

(5) the telecommunications industry, including cable service providers, as defined by Section 66.002, Utilities Code;

(6) electric utilities, as defined by Section 31.002, Utilities Code;

(7) gas utilities, as defined by Sections 101.003 and 121.001, Utilities Code;

(8) the National Guard's Joint Continental United States Communications Support Environment;

(9) the National Guard Bureau;

(10) amateur radio operator groups;

(11) the Texas A&M Forest Service;

(12) the Texas Department of Transportation;

(13) the General Land Office;

(14) the Texas A&M Engineering Extension Service [~~of The Texas A&M University System~~];

(15) the Public Utility Commission of Texas;

(16) the Railroad Commission of Texas;

(17) the Department of State Health Services;

(18) the judicial branch of state government;

(19) the Texas Association of Regional Councils;

(20) the United States Air Force Auxiliary Civil Air Patrol, Texas Wing;

(21) each trauma service area regional advisory council;

(22) state agencies, counties, and municipalities affected by the emergency, including 9-1-1 agencies; and

(23) other agencies as determined by the division.

(g) On September 1, 2019:

(1) the administration of the Texas Division of Emergency Management shall be transferred from the Department of Public Safety of the State of Texas to The Texas A&M University System;

(2) all rules, policies, procedures, and decisions of the Department of Public Safety of the State of Texas relating to the administration of the Texas Division of Emergency Management are continued in effect as rules, policies, procedures, and decisions of The Texas A&M University System until superseded by a rule or other appropriate action by The Texas A&M University System;

(3) an employee of the Texas Division of Emergency Management as operated by the Department of Public Safety of the State of Texas becomes an employee of the Texas Division of Emergency Management under The Texas A&M University System;

(4) a reference in law or administrative rule to the Department of Public Safety of the State of Texas relating to the administration of the Texas Division of Emergency Management means The Texas A&M University System; and

(5) the Department of Public Safety of the State of Texas is responsible for the employer contribution for the cost of retiree insurance for employees of the Texas Division of Emergency Management who retire from the division before September 1, 2019.

(h) Not later than June 1, 2019, the Department of Public Safety of the State of Texas and The Texas A&M University System shall enter into a memorandum of understanding relating to the transfer of the administration of the Texas Division of Emergency Management from the Department of Public Safety of the State of Texas to The Texas A&M University System as provided by this Act. The memorandum must include:

(1) a timetable and specific steps and methods for the transfer on September 1, 2019, of all powers, duties, obligations, rights, contracts, leases, records, real or personal property, and unspent and unobligated appropriations and other funds relating to the administration of the Texas Division of Emergency Management from the Department of Public Safety of the State of Texas to The Texas A&M University System;

(2) measures to ensure against any unnecessary disruption to the operation of the Texas Division of Emergency Management during the transfer process; and

(3) a provision that the terms of any memorandum of understanding entered into previously by the governor, The Texas A&M University System, the Department of Public Safety of the State of Texas, and the Texas Division of Emergency Management and related to the transfer remain in effect until the transfer is completed.

(i) This section takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this section takes effect September 1, 2019.

SECTION ____. Subchapter C, Chapter 418, Government Code, is amended by adding Section 418.056 to read as follows:

Sec. 418.056. 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.

SECTION ____. Chapter 418, Government Code, is amended by adding Subchapter C-1 to read as follows:

SUBCHAPTER C-1. DISASTER RECOVERY LOAN PROGRAM

Sec. 418.061. DEFINITIONS. In this subchapter:

(1) "Account" means the disaster recovery loan account created under Section 418.066.

(2) "Eligible political subdivision" means a county, municipality, or school district that meets the qualifications prescribed by Section 418.062.

Sec. 418.062. ELIGIBILITY FOR LOAN. A political subdivision may apply to the division for a loan under this subchapter if:

(1) the political subdivision:

(A) is located wholly or partly in an area declared to be a disaster area by the governor or the president of the United States; and

(B) before applying to the division for a loan under this subchapter:

(i) has submitted to the division, within 15 days of the date of its adoption by the governing body of the political subdivision, the political subdivision's operating budget for the most recent fiscal year; and

(ii) has submitted an application for a loan from the Federal Emergency Management Agency's community disaster loan program;

(2) an assessment of damages due to the disaster for which the declaration was made has been conducted in the political subdivision; and

(3) the division, in consultation with the Federal Emergency Management Agency, determines that the estimated cost to rebuild the political subdivision's infrastructure damaged in the disaster is greater than 50 percent of the political subdivision's total revenue for the current year as shown in the most recent operating budget of the political subdivision submitted to the division under this section.

Sec. 418.063. DISASTER RECOVERY LOAN PROGRAM. The division by rule shall establish a loan program to use money from the account to provide short-term loans for disaster recovery projects to eligible political subdivisions.

Sec. 418.064. LOANS. (a) A loan made from the account must be subject to the following conditions:

(1) the loan must be made at or below market interest rates for a term not to exceed 10 years; and

(2) the loan proceeds must be expended by the eligible political subdivision solely for disaster recovery projects.

(b) The comptroller shall credit to the account all principal and interest payments on a loan from the account.

(c) If the term of a loan from the account exceeds two years, the state auditor shall, on the second anniversary of the date on which the eligible political subdivision received the loan, conduct a limited audit of the political subdivision to determine whether the political subdivision has the ability to repay the loan under the terms of the loan. The division may forgive a loan made to an eligible political subdivision if the state auditor determines that the political subdivision is unable to repay the loan. The state auditor's participation under this subsection is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c).

Sec. 418.065. APPLICATION FOR LOAN. The division shall develop and implement an application process for a loan under this subchapter. At a minimum, the application must include:

(1) a description of the disaster recovery project for which the applicant is requesting the loan;

(2) an estimate of the total cost of the project;

(3) a statement of the amount of federal money that the applicant will receive for the project, or, if that information is not available on the date the applicant submits the application, an estimate of the amount of that money; and

(4) evidence that the applicant has staff, policies, and procedures in place adequate to complete the project.

Sec. 418.066. CREATION OF ACCOUNT. (a) The disaster recovery loan account is created as an account in the general revenue fund with the comptroller, to be administered by the division.

(b) Money in the account may be used only to provide short-term loans to eligible political subdivisions in the manner provided by this subchapter.

(1) money appropriated, credited, or transferred to the account by the legislature;

(2) money received by the comptroller for the repayment of a loan made from the account;

(3) gifts or grants contributed to the account; and

(4) interest earned on deposits and investments of the account.

Sec. 418.067. RULES. The division shall adopt rules to implement and administer this subchapter. The rules adopted by the division to implement this subchapter must include the development of a form on which a political subdivision may electronically submit its budget to the division.

SECTION ____. The amount of $60 million is appropriated from the general revenue fund to the disaster recovery loan account for the state fiscal biennium ending August 31, 2021, for the purpose of providing short-term loans to political subdivisions affected by a disaster in the manner provided by Subchapter C-1, Chapter 418, Government Code, as added by this Act.

Amendment No. 2 was adopted.

SB 799, as amended, was passed by (Record 1626): 140 Yeas, 3 Nays, 2 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; 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; 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 — Biedermann; Cain; Stickland.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Wray.

REASON FOR VOTE

The amendments added on third reading today were numerous and long. I did not have time to read them and thus could not vote for the bill, as amended.

Cain

SB 2452 ON THIRD READING
(M. González - House Sponsor)

SB 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.

Amendment No. 1

Representative Nevárez offered the following amendment to SB 2452:

Amend SB 2452 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter C, Chapter 364, Health and Safety Code, is amended by adding Section 364.0341 to read as follows:

Sec. 364.0341. SOLID WASTE DISPOSAL SERVICES IN EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality wholly or partly located in a county with a population of more than 54,000 and less than 54,500.

(b) Notwithstanding Sections 364.011(a) and 364.034(a), a county may offer, require the use of, and charge a fee for solid waste disposal services in the extraterritorial jurisdiction of a municipality.

(c) A municipality may not provide solid waste disposal services or charge a fee for those services in the municipality's extraterritorial jurisdiction if the county provides those services under Subsection (b).

Amendment No. 1 - Point of Order

Representative M. González 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.

SB 2452 was passed by (Record 1627): 103 Yeas, 41 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Lambert; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Morales; Morrison; Muñoz; Murr; Neave; Nevárez; Ortega; Pacheco; Paddie; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smithee; Springer; Stephenson; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.

Nays — Anderson; Bell, C.; Biedermann; Bonnen; Cain; Clardy; Craddick; Cyrier; Goldman; Harless; Harris; Hefner; Holland; Hunter; King, P.; Klick; Krause; Landgraf; Metcalf; Meyer; Middleton; Miller; Murphy; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Sanford; Schaefer; Shaheen; Smith; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Wilson; Wray; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1627 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 1627 was taken, I was shown voting yes. I intended to vote no.

Flynn

When Record No. 1627 was taken, I was shown voting no. I intended to vote yes.

Phelan

SB 355 ON THIRD READING
(Klick - House Sponsor)

SB 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.

SB 355 was passed by (Record 1628): 142 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; 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; Moody(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENT OF VOTE

When Record No. 1628 was taken, I was shown voting no. I intended to vote yes.

Cain

SB 2283 ON THIRD 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.

SB 2283 was passed by (Record 1629): 140 Yeas, 3 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; Goldman; 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; 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; 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; González, J.; Stickland.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Stucky.

STATEMENTS OF VOTE

When Record No. 1629 was taken, I was shown voting no. I intended to vote yes.

Cain

When Record No. 1629 was taken, I was shown voting no. I intended to vote yes.

J. González

REMARKS ORDERED PRINTED

Representative Oliverson moved to print remarks between Representative G. Bonnen and Representative Oliverson on SB 11.

The motion prevailed.

GENERAL STATE CALENDAR
(consideration continued)

SB 237 ON THIRD 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 by (Record 1630): 142 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; 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; Moody(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENT OF VOTE

When Record No. 1630 was taken, I was shown voting no. I intended to vote yes.

Cain

SB 1311 ON THIRD 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 by (Record 1631): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Meyer.

SB 1636 ON THIRD 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 by (Record 1632): 137 Yeas, 6 Nays, 2 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; 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; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Biedermann; Cain; Middleton; Stickland; Wilson; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Capriglione.

SB 820 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED

Representative Bernal moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representative Talarico as a co-sponsor to SB 820.

The motion prevailed.

SB 820 ON THIRD READING
(Meyer - House Sponsor)

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

SB 820 was passed by (Record 1633): 133 Yeas, 10 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; 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; Frullo; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa; Holland; Howard; 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; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Biedermann; Cain; Canales; Frank; Hefner; Middleton; Patterson; Schaefer; Stickland; Wilson.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Huberty.

SB 1702 ON THIRD 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 by (Record 1634): 116 Yeas, 27 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bell, C.; Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; 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; Kuempel; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smithee; Stephenson; Stickland; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Ashby; Biedermann; Bonnen; Cain; Clardy; Cyrier; Goldman; Harris; Hefner; Hunter; King, P.; Krause; Lang; Leman; Middleton; Noble; Oliverson; Patterson; Sanford; Schaefer; Shaheen; Smith; Springer; Stucky; Tinderholt; Toth; Wilson.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1634 was taken, I was shown voting yes. I intended to vote no.

Craddick

When Record No. 1634 was taken, I was shown voting yes. I intended to vote no.

Metcalf

When Record No. 1634 was taken, I was shown voting yes. I intended to vote no.

Parker

SB 1754 ON THIRD READING
(K. Bell and Burns - House Sponsors)

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 by (Record 1635): 137 Yeas, 6 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; 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; 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; Thompson, E.; Tinderholt; Toth; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Zedler; Zerwas; Zwiener.

Nays — Dominguez; González, J.; Middleton; Thompson, S.; Turner, C.; Wu.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENT OF VOTE

When Record No. 1635 was taken, I was shown voting no. I intended to vote yes.

Middleton

SB 1451 ON THIRD 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.

SB 1451 was passed by (Record 1636): 124 Yeas, 20 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Biedermann; Bohac; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; 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; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; Walle; White; Wilson; Wray; Zedler; Zerwas.

Nays — Anchia; Bernal; Blanco; Bucy; Calanni; Canales; Guerra; Howard; Israel; Muñoz; Ortega; Romero; Stickland; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Wu; Zwiener.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 1083 ON THIRD 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.

SB 1083 was passed by (Record 1637): 143 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; 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; Moody(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Capriglione.

SB 384 ON THIRD 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 by (Record 1638): 138 Yeas, 6 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Hefner; Lang; Schaefer; Stickland; Tinderholt.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 569 ON THIRD 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 by (Record 1639): 120 Yeas, 24 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; 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; Frank; Frullo; Geren; 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; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Biedermann; Cain; Dean; Flynn; Hefner; Krause; Landgraf; Lang; Metcalf; Middleton; Murr; Oliverson; Patterson; Sanford; Schaefer; Shaheen; Springer; Stickland; Swanson; Tinderholt; Toth; Wilson; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1639 was taken, I was shown voting yes. I intended to vote no.

Cyrier

When Record No. 1639 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1639 was taken, I was shown voting yes. I intended to vote no.

White

When Record No. 1639 was taken, I was shown voting yes. I intended to vote no.

Wray

SB 1177 ON THIRD 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 by (Record 1640): 109 Yeas, 34 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal; Biedermann; 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; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Lambert; Larson; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Ortega; Pacheco; Paddie; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Bonnen; Cain; Cyrier; Dean; Goldman; Harris; Hefner; Holland; Hunter; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Leach; Metcalf; Middleton; Murr; Noble; Oliverson; Parker; Patterson; Sanford; Schaefer; Shaheen; Springer; Stickland; Stucky; Swanson; Tinderholt; Wilson; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Nevárez.

STATEMENTS OF VOTE

When Record No. 1640 was taken, I was shown voting no. I intended to vote yes.

Krause

When Record No. 1640 was taken, I was shown voting no. I intended to vote yes.

Sanford

When Record No. 1640 was taken, I was shown voting yes. I intended to vote no.

Wray

SB 489 ON THIRD 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.

Amendment No. 1

Representatives Smithee and Talarico offered the following amendment to SB 489:

Amend SB 489 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Chapter 159, Local Government Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. PROTECTION FOR JUDICIAL OFFICERS

Sec. 159.071. OMISSION OF ADDRESS. (a) In this section:

(1) "County attorney" means a county attorney whose jurisdiction includes any criminal law or child protective services matter.

(2) "State judge" has the meaning assigned by Section 13.0021, Election Code.

(b) On receiving notice from the Office of Court Administration of the Texas Judicial System of a county attorney's or state judge's qualifications for office or on receipt of a written request from a county attorney, state judge, spouse of a county attorney or state judge, or candidate for the office of county attorney or state judge, the county clerk shall remove or redact the residence address of the county attorney, state judge, spouse of a county attorney or state judge, or candidate for the office of county attorney or state judge from any report filed under this chapter by the county attorney, state judge, or candidate before the statement is made available to a member of the public.

SECTION ____. Section 145.007, Local Government Code, is amended by adding Subsection (d) to read as follows:

(d) On the written request of a municipal court judge of the municipality or a candidate for municipal court judge, the clerk or secretary of the municipality shall remove or redact the residence address of the municipal court judge, municipal court judge's

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

SB 489, as amended, was passed by (Record 1641): 143 Yeas, 0 Nays, 2 Present, not voting. (The vote was reconsidered later today, and SB 489 was further amended and was passed by Record No. 1653.)

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Smith.

SB 1454 ON THIRD READING
(Huberty - House Sponsor)

SB 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.

SB 1454 was passed by (Record 1642): 142 Yeas, 1 Nays, 2 Present, not voting.

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

Nays — Stickland.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Toth.

STATEMENT OF VOTE

When Record No. 1642 was taken, my vote failed to register. I would have voted yes.

Toth

SB 662 ON THIRD 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 by (Record 1643): 142 Yeas, 0 Nays, 3 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Meza.

SB 71 ON THIRD 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 by (Record 1644): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Frullo.

STATEMENT OF VOTE

When Record No. 1644 was taken, my vote failed to register. I would have voted yes.

Frullo

SB 345 ON THIRD 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.

SB 345 was passed by (Record 1645): 118 Yeas, 26 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bowers; Bucy; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frullo; Geren; 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; Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.

Nays — Bonnen; Buckley; Burns; Cain; Frank; Goldman; Harless; Harris; Hefner; Holland; Krause; Lang; Leman; Middleton; Miller; Murr; Patterson; Sanford; Schaefer; Shaheen; Springer; Stickland; Tinderholt; Wilson; Wray; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 741 ON THIRD 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 by (Record 1646): 106 Yeas, 38 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Biedermann; Blanco; Bohac; Bowers; Buckley; Burns; Burrows; Button; Cain; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; González, M.; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hunter; Johnson, J.D.; Kacal; King, P.; King, T.; Klick; Krause; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Morrison; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Rodriguez; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; Walle; Wilson; Wray; Zedler; Zerwas.

Nays — Anchia; Bernal; Bonnen; Bucy; Calanni; Capriglione; Davis, Y.; Dominguez; González, J.; Goodwin; Hernandez; Hinojosa; Howard; Israel; Johnson, J.E.; King, K.; Kuempel; Longoria; Lopez; Lucio; Middleton; Miller; Morales; Muñoz; Ortega; Perez; Ramos; Reynolds; Romero; Rose; Sherman; Talarico; Turner, C.; Turner, J.; Vo; White; Wu; Zwiener.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1646 was taken, I was shown voting yes. I intended to vote no.

Allen

When Record No. 1646 was taken, I was shown voting yes. I intended to vote no.

Farrar

When Record No. 1646 was taken, I was shown voting yes. I intended to vote no.

Guerra

When Record No. 1646 was taken, I was shown voting no. I intended to vote yes.

K. King

When Record No. 1646 was taken, I was shown voting no. I intended to vote yes.

Kuempel

When Record No. 1646 was taken, I was shown voting yes. I intended to vote no.

Meza

When Record No. 1646 was taken, I was shown voting no. I intended to vote yes.

Middleton

When Record No. 1646 was taken, I was shown voting yes. I intended to vote no.

S. Thompson

When Record No. 1646 was taken, I was shown voting no. I intended to vote yes.

White

SB 405 ON THIRD READING
(Moody and Burns - House Sponsors)

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 by (Record 1647): 141 Yeas, 3 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; 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; 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.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Dominguez; González, J.; Schaefer.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 41 ON THIRD 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 by (Record 1648): 142 Yeas, 0 Nays, 3 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Herrero.

REASON FOR VOTE

I voted "PNV" on SB 41 on final passage because the change in statute created by this legislation would have directly affected my practice as a court appointed Ad Litem.

SB 1757 ON THIRD 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.

Amendment No. 1

Representative Pacheco offered the following amendment to SB 1757:

Amend SB 1757 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 61.9835(a), Education Code, is amended to read as follows:

(a) The board may provide repayment assistance under this subchapter for the repayment of any student loan that:

(1) is for education at:

(A) a public or private institution of higher education; or

(B) a nonprofit, tax-exempt, regionally accredited college or university operating in accordance with a memorandum of understanding with this state under an executive order issued by the governor; and

(2) is received by an eligible person through an eligible lender.

Amendment No. 1 was adopted.

SB 1757, as amended, was passed by (Record 1649): 101 Yeas, 41 Nays, 3 Present, not voting.

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

Nays — Bell, C.; Biedermann; Bohac; Buckley; Burns; Cain; Craddick; Cyrier; Dean; Harris; Hefner; Holland; Hunter; Krause; Landgraf; Lang; Leach; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Price; Sanford; Schaefer; Shaheen; Shine; Smithee; Springer; Stickland; Stucky; Swanson; Tinderholt; Toth; Wilson; Wray; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Bonnen.

STATEMENTS OF VOTE

When Record No. 1649 was taken, my vote failed to register. I would have voted no.

G. Bonnen

When Record No. 1649 was taken, I was shown voting yes. I intended to vote no.

Flynn

When Record No. 1649 was taken, I was shown voting yes. I intended to vote no.

Leman

When Record No. 1649 was taken, I was shown voting no. I intended to vote yes.

Paddie

When Record No. 1649 was taken, I was shown voting yes. I intended to vote no.

Paul

When Record No. 1649 was taken, I was shown voting yes. I intended to vote no.

Phelan

When Record No. 1649 was taken, I was shown voting no. I intended to vote yes.

Price

When Record No. 1649 was taken, I was shown voting yes. I intended to vote no.

E. Thompson

SB 65 ON THIRD READING
(Geren - House Sponsor)

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

Amendment No. 1

Representatives Capriglione, Patterson, Noble, Morrison, Hefner, Middleton, Frullo, G. Bonnen, Shaheen, Parker, P. King, Stephenson, Wilson, Krause, Murphy, Rodriguez, Stucky, Klick, Martinez Fischer, White, Schaefer, Metcalf, Coleman, Button, Meyer, Tinderholt, Craddick, Phelan, Raney, Miller, C. Bell, Paul, Sanford, Dean, Harris, and Oliverson offered the following amendment to SB 65:

Amend SB 65 on third reading as follows:

(1) In SECTION 28 of the bill, strike Subdivision (6) of that section (page 23, line 10) and renumber the subdivisions of that SECTION accordingly.

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

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

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

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

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

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

SECTION ____. (a) Section 2254.030, Government Code, is amended to read as follows:

Sec. 2254.030. REQUIRED DISCLOSURE AND ITEMIZATION OF CERTAIN EXPENDITURES RELATING TO LOBBYING ACTIVITIES [~~PUBLICATION IN TEXAS REGISTER~~] AFTER ENTERING INTO A [~~MAJOR~~] CONSULTING SERVICES CONTRACT. (a) A political subdivision that enters or has entered into a contract for consulting services with a state agency, regardless of whether the term of the contract has expired, shall prominently display on the political subdivision's Internet website the following regarding contracts for services that would require a person to register as a lobbyist under Chapter 305:

(1) the execution dates;

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

(3) the effective dates;

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

(5) a list of all legislation advocated for, on, or against by all parties and subcontractors to the contract, including the position taken on each piece of legislation in the prior fiscal year.

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

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

(d) The proposed budget of a political subdivision described by Subsection (a) must include, in a manner allowing for as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year, a line item indicating expenditures for directly or indirectly influencing or attempting to influence the outcome of legislation or administrative action, as those terms are defined in Section 305.002 [Not later than the 20th day after the date of entering into a major consulting services contract, the contracting state agency shall file with the secretary of state for publication in the Texas Register:

[~~(1)~~ ~~a description of the activities that the consultant will conduct;~~

[~~(2)~~ ~~the name and business address of the consultant;~~

[~~(3)~~ ~~the total value and the beginning and ending dates of the contract; and~~

[~~(4)~~ ~~the dates on which documents, films, recordings, or reports that the consultant is required to present to the agency are due~~].

(b) Section 2254.030, Government Code, as amended by this section, applies to a consulting services contract entered into by a political subdivision before, on, or after the effective date of this Act.

Amendment No. 1 was adopted.

SB 65, as amended, was passed by (Record 1650): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Anderson.

STATEMENT OF VOTE

When Record No. 1650 was taken, I was in the house but away from my desk. I would have voted yes.

Anderson

SB 54 ON THIRD 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 by (Record 1651): 112 Yeas, 31 Nays, 2 Present, not voting.

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

Nays — Biedermann; Bonnen; Cain; Cyrier; Goldman; Harris; Hefner; Holland; Hunter; King, P.; Krause; Landgraf; Lang; Leman; Middleton; Miller; Murr; Oliverson; Paul; Sanford; Schaefer; Shaheen; Smith; Springer; Stickland; Stucky; Thompson, E.; Tinderholt; Wilson; Wray; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Burrows.

STATEMENT OF VOTE

When Record No. 1651 was taken, I was shown voting yes. I intended to vote no.

Anderson

SB 64 ON THIRD READING
(Phelan - House Sponsor)

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

SB 64 was passed by (Record 1652): 142 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; 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; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Stickland.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Canales.

SB 489 - VOTE RECONSIDERED

Representative Smithee moved to reconsider the vote by which SB 489, as amended, was passed by Record No. 1641.

The motion to reconsider prevailed.

SB 489 ON THIRD READING
(Smithee - House Sponsor)

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

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 read third time earlier today and was passed, as amended, by Record No. 1641.

Amendment No. 1 - Vote Reconsidered

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

The motion to reconsider prevailed.

Amendment No. 2

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

Amend Amendment No. 1 by Smithee to SB 489 on third reading by inserting the following immediately after page 1, line 29:

spouse, or candidate for the office of municipal court judge, from a financial statement filed under this chapter before the financial statement is made available to a member of the public.

Amendment No. 2 was adopted.

Amendment No. 1, as amended, was adopted.

SB 489, as amended, was passed by (Record 1653): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Stickland.

GENERAL STATE CALENDAR
(consideration continued)

SB 132 ON THIRD 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.

SB 132 was passed by (Record 1654): 90 Yeas, 51 Nays, 2 Present, not voting.

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

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Canales; Herrero; Wu.

SB 30 - RULES SUSPENDED

HOUSE SPONSOR AUTHORIZED

Representative Murphy moved to suspend Rule 8, Section 5(d), of the House Rules to designate as house sponsors and co-sponsors for SB 30 all joint authors and co-authors for HB 3909.

The motion prevailed.

SB 30 ON THIRD READING
(Phelan, Metcalf, Sanford, and Longoria - House Sponsors)

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.

Amendment No. 1

Representative Cain offered the following amendment to SB 30:

Amend SB 30 on third reading as follows:

(1) In SECTION 3 of the bill, in the transition language, strike "The change in law made by this Act applies" and substitute the following:

"Section 45.003, Education Code, as amended by this Act, and Section 52.072, Election Code, as amended by this Act, apply"

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

SECTION ____. Subchapter A, Chapter 45, Education Code, is amended by adding Sections 45.0032, 45.0033, 45.0034, and 45.0035 to read as follows:

Sec. 45.0032. BALLOT LANGUAGE FOR TAX-SUPPORTED BONDS. (a) In this section:

(1) "New infrastructure project" means a project to construct, acquire, purchase, or finance new facilities, sites for school buildings, other property, or school buses.

(2) "Replacements and upgrades project" means a project other than a new infrastructure project related to replacing or upgrading existing facilities, sites for school buildings, other property, or school buses.

(b) A ballot prepared for an election to authorize the issuance of bonds described by Section 45.001 may contain not more than two propositions as follows:

(1) a proposition to issue bonds for new infrastructure projects that provides for voting for or against authorizing the issuance of bonds to support all new infrastructure projects listed in the proposition; and

(2) a proposition to issue bonds for replacements and upgrades projects that provides for voting for or against authorizing the issuance of bonds to support all replacements and upgrades projects listed in the proposition.

Sec. 45.0033. VOTER INFORMATION DOCUMENT FOR TAX-SUPPORTED BONDS. (a) A governing board or commissioners court that calls an election under Section 45.003 must prepare a voter information document for each proposition to be voted on at the election. The governing board or commissioners court shall post the voter information document in the same manner that a debt obligation election order is required to be posted under Section 4.003(f), Election Code, and may include the voter information document in the election order. The voter information document must distinctly state:

(1) the language that will appear on the ballot;

(2) the following information formatted as a table:

(A) the principal of the bonds to be authorized;

(B) the estimated interest for the bonds to be authorized;

(D) as of the date the governing board or commissioners court adopts the election order:

(i) the principal of all outstanding debt obligations of the district;

(ii) the estimated remaining interest on all outstanding debt obligations of the district, which may be based on the district's expectations relative to the interest due on any variable rate debt obligations; and

(iii) the estimated combined principal and interest required to pay on time and in full all outstanding debt obligations of the district, which may be based on the district's expectations relative to the interest due on any variable rate debt obligations;

(3) the estimated maximum annual increase in the amount of taxes that would be imposed on a residence homestead in the district with an appraised value of $100,000 to repay the debt obligations to be authorized, if approved, based upon assumptions made by the governing board or commissioners court;

(4) for each proposed project included in a proposition to issue bonds:

(A) a visual depiction of the design or concept of each proposed project;

(B) a statement of the needs to be addressed by each proposed project and how the project will address those needs;

(C) a detailed description of any equipment to be purchased for the proposed project, the number of individual pieces of equipment to be purchased, and the cost of each individual piece of equipment; and

(D) a statement of the projected effect of each proposed project regarding existing facilities of the district, including, as applicable, the projected effect on class size ratios in the district or the number of school events that may be supported by the project;

(5) for a new infrastructure project listed in a proposition described under Section 45.0032(b)(1), other than a project for the acquisition, purchase, or financing of school buses, the geographic location proposed for the project; and

(6) any other information that the governing board or commissioners court considers relevant or necessary to explain the information required by this subsection.

(b) The governing board or commissioners court may not include in the voter information document required under this section information regarding the geographic location for a replacements and upgrades project listed in a proposition described by Section 45.0032(b)(2).

(c) The governing board or commissioners court shall identify in the election order the major assumptions made in connection with the statement required by Subsection (a)(3), including:

(1) the amortization of the district's debt obligations, including outstanding debt obligations and the debt obligations for the proposed bonds;

(2) changes in estimated future appraised values within the district; and

(3) the assumed interest rate on the proposed bonds.

(d) A district that maintains an Internet website shall provide the information described by Subsection (a) on its website in an easily accessible manner beginning not later than the 21st day before election day and ending on the day after the date of the election.

Sec. 45.0034. NOTICE REQUIREMENTS: ISSUANCE OF CERTIFICATES OF OBLIGATION ON TAX-SUPPORTED BONDS. (a) In addition to the requirements provided under Section 271.049, Local Government Code, a district that issues a certificate of obligation on bonds described by Section 45.001 must comply with the additional notice requirements provided by this section.

(b) A district that maintains an Internet website shall publish notice of the district's intention to issue the certificates on the district's website for at least 45 days before the date tentatively set for the passage of the resolution or order authorizing the issuance of the certificate.

(c) The notice of a district's issuance of certificates of obligation on bonds described by Section 45.001 must state the following:

(1) the then-current principal of all outstanding debt obligations of the district;

(2) the then-current combined principal and interest required to pay all outstanding debt obligations of the district on time and in full, which may be based on the district's expectations relative to the interest due on any variable rate debt obligations;

(3) the maximum principal amount of the certificates to be authorized;

(4) the estimated combined principal and interest required to pay the certificates to be authorized on time and in full;

(5) the estimated interest rate for the certificates to be authorized or that the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and

(6) the maximum maturity date of the certificates to be authorized.

Sec. 45.0035. CONFLICT OF LAW. (a) Sections 45.0032 and 45.0033 provide the ballot proposition language and voter information document requirements for an election to authorize the issuance of bonds described by Section 45.001. To the extent of a conflict between a provision of this subchapter and another law applicable to the ballot proposition language or voter information document requirements for an election to authorize the issuance of bonds, this subchapter controls.

(b) An officer or employee of a governing board who, in compliance with Section 45.0033, provides the information required in a voter information document under that section does not violate Section 255.003(b-1), Election Code, regardless of whether the information provided is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.

SECTION ____. (a) Sections 45.0032, 45.0033, 45.0034, and 45.0035, Education Code, as added by this Act, apply only to a ballot for an election ordered on or after the effective date of this Act. An election ordered before the effective date of this Act is governed by the law in effect when the election was ordered, and the former law is continued in effect for that purpose.

(b) Section 45.0034, Education Code, as added by this Act, applies only to a certificate of obligation for which the first notice of intention to issue the certificate is made on or after the effective date of this Act. A certificate of obligation for which the first notice of intention to issue the certificate is made before the effective date of this Act is governed by the law in effect when the notice of intention is made, and the former law is continued in effect for that purpose.

Amendment No. 1 failed of adoption.

SB 30 was passed by (Record 1655): 137 Yeas, 5 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; 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; 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; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Bowers; Calanni; Lopez; Ramos; Sherman.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Rose.

STATEMENT OF VOTE

When Record No. 1655 was taken, I was shown voting yes. I intended to vote no.

S. Thompson

SB 322 ON THIRD READING
(Murphy - House Sponsor)

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

SB 322 was passed by (Record 1656): 144 Yeas, 0 Nays, 2 Present, not voting.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 1412 ON THIRD READING
(Burrows - House Sponsor)

SB 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.

SB 1412 was passed by (Record 1657): 119 Yeas, 22 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Capriglione; Cole; Coleman; Cortez; Craddick; Cyrier; Darby; Dean; Deshotel; Dominguez; Dutton; Farrar; Flynn; Frank; Frullo; Geren; Goldman; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Morrison; Muñoz; Murphy; Murr; Nevárez; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Rodriguez; 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 — Anchia; Blanco; Calanni; Canales; Collier; Davis, Y.; Fierro; González, J.; González, M.; Goodwin; Hinojosa; Johnson, J.E.; Meza; Neave; Ortega; Perez; Ramos; Reynolds; Romero; Rose; Rosenthal; Sherman.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Clardy; King, T.; Morales.

STATEMENTS OF VOTE

When Record No. 1657 was taken, I was shown voting yes. I intended to vote no.

Allen

When Record No. 1657 was taken, I was shown voting yes. I intended to vote no.

Beckley

When Record No. 1657 was taken, I was shown voting yes. I intended to vote no.

Farrar

When Record No. 1657 was taken, I was shown voting yes. I intended to vote no.

Gutierrez

When Record No. 1657 was taken, I was shown voting yes. I intended to vote no.

Martinez

When Record No. 1657 was taken, I was in the house but away from my desk. I would have voted no.

Morales

When Record No. 1657 was taken, my machine malfunctioned and I was shown voting yes. I intended to vote no.

Nevárez

When Record No. 1657 was taken, I was shown voting yes. I intended to vote no.

Pacheco

When Record No. 1657 was taken, I was shown voting yes. I intended to vote no.

S. Thompson

SB 511 ON THIRD 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 by (Record 1658): 79 Yeas, 64 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Ashby; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Morales; Muñoz; Murphy; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zerwas; Zwiener.

Nays — Anderson; Bailes; Bell, C.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Frullo; Goldman; Harless; Harris; Hefner; Holland; Hunter; King, P.; Klick; Krause; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Miller; Morrison; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Sanford; Schaefer; Shaheen; Smith; Smithee; Springer; Stickland; Stucky; Swanson; Tinderholt; Toth; White; Wilson; Wray; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Johnson, J.D.

STATEMENT OF VOTE

When Record No. 1658 was taken, I was shown voting yes. I intended to vote no.

Ashby

SB 559 ON THIRD 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.

SB 559 was passed by (Record 1659): 142 Yeas, 0 Nays, 3 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Stickland.

SB 560 ON THIRD 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.

SB 560 was passed by (Record 1660): 142 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Dutton; Stickland.

SB 230 ON THIRD 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 by (Record 1661): 143 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Stickland.

SB 706 ON THIRD 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 by (Record 1662): 91 Yeas, 51 Nays, 3 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bernal; Blanco; Bohac; Bowers; Bucy; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frank; Frullo; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Hernandez; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; King, P.; King, T.; Klick; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Neave; Nevárez; Ortega; Pacheco; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smithee; Stephenson; Stickland; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zerwas; Zwiener.

Nays — Bell, C.; Biedermann; Bonnen; Buckley; Burns; Cain; Capriglione; Craddick; Cyrier; Dean; Flynn; Goldman; Harris; Hefner; Holland; Kacal; King, K.; Krause; Kuempel; Lambert; Landgraf; Lang; Leach; Leman; Metcalf; Middleton; Miller; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Sanford; Schaefer; Shaheen; Smith; Springer; Stucky; Swanson; Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Herrero.

STATEMENT OF VOTE

When Record No. 1662 was taken, I was shown voting yes. I intended to vote no.

E. Thompson

SB 819 ON THIRD 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 by (Record 1663): 141 Yeas, 0 Nays, 2 Present, not voting.

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

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Bowers; Dutton; Klick.

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

SB 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.

Amendment No. 1

On behalf of Representative Moody, Representative Price offered the following amendment to SB 562:

Amend SB 562 on third reading, in the SECTION of the bill added by Amendment No. 1 by Moody adopted on second reading that adds Section 125.005, Government Code, as follows:

(1) Strike Subsection (c)(1) of added Section 125.005, Government Code (page 7, lines 28 and 29 of the amendment), and substitute the following:

(1) the county receives federal or state funding specifically for that purpose in an amount sufficient to pay the fund costs of the mental health court program; and

(2) Strike Subsection (d) of added Section 125.005, Government Code (page 8, lines 1-4, of the amendment), and substitute the following:

(d) A county that is required under this section to establish a mental health court program and fails to establish or to maintain that program is ineligible to receive grant funding from this state or any state agency.

Amendment No. 1 was adopted.

Amendment No. 2

Representative White offered the following amendment to SB 562:

Amend SB 562 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. (a) Chapter 45, Code of Criminal Procedure, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. YOUTH DIVERSION

Art. 45.301. DEFINITIONS. In this subchapter:

(1) "Charge" means a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.

(2) "Child" has the meaning assigned by Article 45.058(h).

(3) "Diversion" means an intervention strategy that redirects a child from formal criminal prosecution and holds the child accountable for the child's actions. The term includes diversion under Article 45.310, 45.311, 45.313, or 45.314.

(4) "Offense" means a Class C misdemeanor other than a traffic offense.

(5) "Parent" has the meaning assigned by Article 45.057(a).

(6) "Service provider" means a governmental agency, political subdivision, open-enrollment charter school, nonprofit organization, or other entity that provides services to children or families.

(7) "Youth diversion plan" means a plan adopted under Article 45.306.

Art. 45.302. APPLICABILITY. This subchapter applies only to a child who is alleged to have engaged in conduct that constitutes a Class C misdemeanor other than a traffic offense.

Art. 45.303. TRANSFER TO JUVENILE COURT NOT AFFECTED. Nothing in this subchapter precludes:

(1) a case involving a child from being referred, adjudicated, or disposed of as conduct indicating a need for supervision under Title 3, Family Code; or

(2) a waiver of criminal jurisdiction and transfer of a child's case as provided by Section 51.08, Family Code.

Art. 45.304. DIVERSION ELIGIBILITY. (a) Except as provided by Subsection (b), a child shall be diverted from formal criminal prosecution as provided by this subchapter.

(b) A child who is 15 years of age or older at the time the child is alleged to have engaged in conduct that constitutes an offense is not eligible for diversion if the child has previously had two unsuccessful diversions under this subchapter for unrelated offenses.

Art. 45.305. DIVERSION STRATEGIES. (a) Diversion strategies include:

(1) requiring a child to participate in a program, including:

(A) a court-approved teen court program operated by a service provider;

(B) a school-related program;

(C) an educational program, including an alcohol awareness program approved by the Texas Department of Licensing and Regulation or a tobacco awareness program or a drug education program approved by the Department of State Health Services;

(D) a rehabilitation program; or

(E) a self-improvement program, including a program relating to self-esteem, leadership, self-responsibility, empathy, parenting, parental responsibility, manners, violence avoidance, anger management, life skills, wellness, or dispute resolution;

(2) referring the child to a service provider for services, including:

(A) at-risk youth services under Subchapter D, Chapter 264, Family Code;

(B) juvenile case manager services under Article 45.056;

(D) academic monitoring or tutoring, including preparation for a high school equivalency examination administered under Section 7.111, Education Code;

(E) community-based services;

(F) mental health screening and clinical assessment;

(G) counseling, including private or in-school counseling; or

(H) mentoring services;

(3) requiring a child to:

(A) participate in mediation or other dispute resolution processes;

(B) submit to alcohol or drug testing; or

(C) substantially comply with a course of treatment prescribed by a physician or other licensed medical or mental health professional; and

(4) requiring a child, by court order, to:

(A) pay restitution not to exceed $100 for an offense against property under Title 7, Penal Code;

(B) perform not more than 20 hours of community service; or

(b) A diversion strategy may be imposed under:

(1) a diversion by law enforcement under Article 45.310 or 45.311;

(2) an intermediate diversion from court under Article 45.313;

(3) a diversion by a justice or judge under Article 45.314; or

(4) a system of graduated sanctions for certain school offenses under Section 37.144, Education Code.

Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion plan is a written plan that describes the types of strategies that will be used to implement youth diversion. A youth diversion plan does not limit the types of diversion strategies that may be imposed under a diversion agreement under Article 45.312.

(b) Each justice and municipal court shall adopt a youth diversion plan.

(c) A youth diversion plan may be devised for a county or municipality or an individual court within a county or municipality.

(d) In accordance with Chapter 791, Government Code, a local government may enter into an agreement with one or more local governments to create a regional youth diversion plan and collaborate in the implementation of this subchapter.

(e) A youth diversion plan may include an agreement with a service provider to provide services for a diversion strategy.

(f) A youth diversion plan may contain guidelines for disposition or diversion of a child's case by law enforcement under Article 45.310 or 45.311. The guidelines are not mandatory.

(g) The guidelines adopted under Subsection (f) may not allow for the disposition or diversion of a child's case under Article 45.310 or 45.311 if there is probable cause to believe that the child may be the victim of conduct that constitutes an offense under Section 20A.02, Penal Code (trafficking of persons).

(h) A current youth diversion plan must be maintained on file for public inspection in each justice and municipal court, including courts that collaborate with one or more counties or municipalities.

(i) A court or local government may adopt rules necessary to coordinate services under a youth diversion plan or to implement this subchapter.

Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may designate a youth diversion coordinator to assist the court in:

(1) determining whether a youth is eligible for diversion;

(2) employing a diversion strategy authorized by this subchapter;

(3) presenting and maintaining diversion agreements;

(4) monitoring diversions;

(5) maintaining records regarding whether one or more diversions were successful or unsuccessful; and

(6) coordinating referrals to court.

(b) The responsibilities of the youth diversion coordinator may be performed by:

(1) a court administrator or court clerk, or a person who regularly performs the duties of court administrator or court clerk;

(2) an individual or entity that provides juvenile case manager services under Article 45.056;

(3) a court-related services office;

(4) a community supervision and corrections department;

(5) a county or municipal employee;

(6) a community volunteer;

(7) an institution of higher learning, including a private or independent institution; or

(8) a qualified nonprofit organization.

Art. 45.308. YOUTH DIVERSION ADVISORY COUNCIL. (a) A commissioners court of a county or the governing body of a municipality may establish a youth diversion advisory council.

(b) The purpose of a youth diversion advisory council is to facilitate community input, suggest improvements to a youth diversion plan, and make recommendations to accomplish the following objectives:

(1) to provide children the option of an alternative, non-adversarial procedure to resolve certain charges while ensuring that the child's legal rights are protected;

(2) to authorize diversions from criminal prosecution under this subchapter that emphasize accountability and responsibility of the parent and the child for the child's conduct;

(3) to reduce recidivism and the occurrence of problem behaviors without criminal prosecution in justice and municipal courts;

(4) to identify at-risk youth and, where appropriate, refer at-risk youth to services under Subchapter D, Chapter 264, Family Code;

(5) to remove, where appropriate, the taint of criminality and collateral consequences of criminal convictions from children charged with certain unlawful acts;

(6) to encourage problem-solving approaches and the use of evidence-based practices in focusing on outcomes that are in the best interest of the child and the community; and

(7) to increase collaboration between governmental, educational, and nonprofit organizations in devising local and regional diversion strategies.

(c) The commissioners court of the county or governing body of the municipality appoints the members of the youth diversion advisory council. The members serve terms specified by the commissioners court or governing body without compensation.

(d) County and municipal youth diversion advisory councils may collaborate to identify best practices, share information and resources, and coordinate diversion efforts under this subchapter.

(e) One or more counties or municipalities by agreement may create a regional youth diversion advisory council.

Art. 45.309. WARNING NOTICE BY PEACE OFFICER. (a) In lieu of taking a child into custody, issuing a citation, or filing a complaint for an offense, a peace officer may issue a warning notice to the child if:

(1) guidelines for issuing a warning notice have been issued by the law enforcement agency employing the peace officer;

(2) the warning notice is authorized by the guidelines;

(3) the warning notice identifies the child and describes the child's alleged offense;

(4) a copy of the warning notice is sent to the child's parent as soon as practicable; and

(5) a copy of the warning notice is filed with a service provider, youth diversion coordinator, or other person designated in the youth diversion plan.

(b) A warning notice filed under this article is not a diversion but may be used as the basis of further action under the terms of a diversion agreement.

Art. 45.310. PEACE OFFICER DISPOSITION. (a) In lieu of issuing a citation to a child or filing a complaint in a justice or municipal court, a peace officer may dispose of a case if:

(1) guidelines for a disposition under this article have been adopted and are included in a youth diversion plan;

(2) the disposition is authorized by the guidelines; and

(3) the peace officer makes a written report of the officer's disposition to the law enforcement agency employing the officer, identifying the child and specifying the grounds for believing that the child committed an offense.

(b) A disposition under this article may not include:

(1) keeping the child in law enforcement custody; or

(2) requiring the child to report periodically to a peace officer, law enforcement agency, or other service provider.

(1) referral of the child to a service provider or other diversion strategy specified in a youth diversion plan;

(2) a brief conference with the child and the child's parent; or

(3) referral of the child and the child's parent for at-risk youth services under Subchapter D, Chapter 264, Family Code.

Art. 45.311. FIRST OFFENSE DIVERSION PROGRAM. (a) In this article, "program" means a first offense diversion program established under this article.

(b) As part of a youth diversion plan, a commissioners court of a county or the governing body of a municipality may establish a first offense diversion program for the referral and disposition of a case before the filing of a charge for a first offense.

(c) A county or municipality in which a program has been established shall designate one or more peace officers, law enforcement agencies, or service providers to process children in the program.

(d) In lieu of issuing a citation to a child or filing a complaint in a justice or municipal court, a peace officer who has a child in custody may refer the child to the peace officer, law enforcement agency, or service provider designated under Subsection (c) if:

(1) the child has not previously been referred to a program under this article; and

(2) the officer reports the referral in writing to the agency, identifying the child and specifying the grounds for taking the child into custody or for accusing the child of the offense.

(e) A child's parent shall be notified that the child is eligible to be referred to a first offense diversion program. The notice must:

(1) state the grounds for believing that the child has committed an offense;

(2) identify the peace officer, law enforcement agency, or service provider to which the child may be referred;

(3) briefly describe the nature of the program; and

(4) state that the child's failure to complete the program will result in the child being referred to court unless stated otherwise in a youth diversion plan.

(f) Before a child is referred to a program, the child and the child's parent must consent to the referral.

(g) A referral to a program under this article may be for a period of not more than 180 days.

(h) Diversion strategies in a program may include:

(1) voluntary restitution by the child or the child's parent to the victim of the child's conduct;

(2) voluntary community service by the child;

(3) educational or vocational training, counseling, or other rehabilitative services;

(4) referral of the child to a service provider or other diversion strategy specified in a youth diversion plan; and

(5) periodic reporting by the child to the peace officer, law enforcement agency, or service provider to which the child is referred.

(i) The case of a child who successfully completes a program is closed and may not be referred to court.

(j) The case of a child referred to a program shall be referred to a prosecutor or to court, or as specified in a youth diversion plan, if:

(1) the child fails to complete the program;

(2) the child or the child's parent terminates the child's participation in the program before the child completes the program; or

(3) the child is alleged to have committed another offense during the child's participation in the program.

(k) A statement made by a child to a person while participating in a program may not be used against the child in any subsequent court proceeding.

Art. 45.312. DIVERSION AGREEMENT. (a) A diversion agreement must identify the parties to the agreement and the responsibilities of the child and the child's parent to ensure their meaningful participation in a diversion under Article 45.313 or 45.314.

(b) Stated objectives in a diversion agreement must be measurable, realistic, and reasonable considering the circumstances of the child and the best interests of the child and the community.

(1) the terms of the agreement, including any diversion strategy, written in a clear and concise manner and identifying any offense or charge being diverted;

(2) possible consequences of a successful diversion and an unsuccessful diversion;

(3) an explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion;

(4) an explanation of the process that will be used for reviewing and monitoring compliance with the terms of the agreement;

(5) the period of the diversion;

(6) a verification that:

(A) the child and the child's parent were notified of the child's rights, including the right to refuse diversion; and

(B) the child knowingly and voluntarily consents to participate in the diversion; and

(7) written acknowledgment and acceptance of the agreement by the child and the child's parent.

(d) The terms of an agreement may vary depending on the circumstances of the child, including the child's age and ability, the charge being diverted, the diversion program, or the diversion strategy.

(e) A charge may not be filed against a child or, if filed, shall be dismissed if the child:

(1) does not contest the charge;

(2) is eligible for diversion under Article 45.304; and

(3) accepts the terms of the agreement.

(f) Entering into a diversion agreement under this article extends the court's jurisdiction for the term of the agreement.

(g) On entering into a diversion agreement, a copy of the agreement shall be provided to the child and the child's parent, the clerk of the court, a youth diversion coordinator, and any person specified by the youth diversion plan.

Art. 45.313. INTERMEDIATE DIVERSION FROM COURT. (a) If provided by a youth diversion plan and subject to the direction of the court, a youth diversion coordinator, juvenile case manager, or other designated officer of the court shall advise the child and the child's parent before a case is filed that the case may be diverted under this article for a reasonable period not to exceed 180 days if:

(1) the child is eligible for diversion under Article 45.304;

(2) diversion is in the best interest of the child and the community;

(3) the child and the child's parent consent to diversion with the knowledge that diversion is optional; and

(4) the child and the child's parent are informed that they may terminate the diversion at any time and, if terminated, the case will be referred to court.

(b) The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies under Article 45.305.

(c) The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.

(d) A child who does not comply with the terms of a diversion agreement under this article shall be referred to court under Article 45.315.

(e) A statement made by a child or parent during a discussion related to a diversion under this article may not be used against a declarant in any subsequent court proceeding.

Art. 45.314. DIVERSION BY JUSTICE OR JUDGE. (a) If a charge involving a child who is eligible for diversion is filed with a court, a justice or judge shall divert the case under this article.

(b) If the child does not contest the charge, a justice or judge shall divert the case under this article without the child having to enter a plea.

(c) If the child contests the charge, a justice or judge shall divert the case under this article at the conclusion of trial on a finding of guilt without entering a judgment of conviction as provided by Article 45.041.

(d) A diversion under this article may not exceed 180 days.

(e) The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies described by Article 45.305.

(f) The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.

(g) A child who does not comply with the terms of a diversion agreement under this article shall be referred to court for a hearing under Article 45.315.

Art. 45.315. REFERRAL TO COURT. (a) A court shall conduct a non-adversarial hearing for a child who does not successfully complete the terms of a diversion under Article 45.311, 45.313, or 45.314 and is referred to court.

(b) The hearing is an opportunity for a justice or judge to confer with the child and the child's parent to determine whether a diversion should be declared unsuccessful by the court. The court may also hear from any person who may be of assistance to the child or the court in determining what is in the best interest of the child and the community.

(1) amending or setting aside terms in a diversion agreement;

(2) extending the diversion for a period not to exceed one year;

(3) issuing a continuance for the hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of a diversion;

(4) requiring the child's parent to do or refrain from doing any act if the court determines that will increase the likelihood the child will successfully complete the diversion and comply with any other order of the court that is reasonable and necessary for the welfare of the child;

(5) finding the diversion successful on the basis of substantial compliance; or

(6) finding the diversion unsuccessful.

(d) If the court enters an order under Subsection (c)(6), the court may transfer the child to juvenile court for alleged conduct indicating a need for supervision under Section 51.08, Family Code, if the child has previously had two unsuccessful diversions.

(e) An order under Subsection (c)(4) is enforceable by contempt.

Art. 45.316. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. (a) The clerk of a justice or municipal court may collect from a child's parent a $30 administrative fee to defray the costs of the diversion of the child's case under this subchapter.

(b) The fee under this article may not be collected unless specified as a term of the diversion agreement accepted by the child's parent. If the fee is not paid after giving the child's parent an opportunity to be heard, the court shall order the parent, if financially able, to pay the fee to the clerk of the court.

(c) A court shall waive the fee if the child's parent is indigent or does not have sufficient resources or income to pay the fee.

(d) A court may adopt rules for the waiver of a fee for financial hardship under this article.

(e) The clerk of the court shall keep a record of the fees collected under this article and shall forward the funds to the county treasurer, municipal treasurer, or person fulfilling the role of a county treasurer or municipal treasurer, as appropriate.

(f) The fee collected under this article shall be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under this subchapter.

(g) Except for the fee authorized under Subsection (a), a fee may not be assessed for a child diverted under this subchapter.

(h) The diversion of a child may not be contingent on payment of a fee under this article.

Art. 45.317. DIVERSION RECORDS. (a) A justice or municipal court shall maintain statistics for each diversion strategy authorized by this subchapter.

(b) Statistics indicating the number of warning notices under Article 45.309 and types of dispositions or diversions made by a law enforcement agency under Article 45.310 or 45.311 shall be reported at least annually to the justice or municipal court or youth diversion coordinator as specified by a youth diversion plan. Statistics shall include the age, gender, and ethnicity of the child and the offense alleged by law enforcement to have been committed by the child.

(d) All records of a diversion pertaining to a child under this subchapter may be expunged after the child's 17th birthday and shall, without requirement for a motion or request, be expunged before the child's 18th birthday.

(b) Article 42.15(a-1), Code of Criminal Procedure, as added by Chapter 1127 (SB 1913), Acts of the 85th Legislature, Regular Session, 2017, is amended to read as follows:

(a-1) Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.13, 27.14(a), or 27.16(a), a court shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be:

(1) subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals;

(2) discharged by performing community service under[~~, as applicable,~~] Article 43.09(f) or [~~, Article~~] 45.049[~~, Article 45.0492, as added by Chapter 227~~ (HB350~~), Acts of the 82nd Legislature, Regular Session, 2011, or Article 45.0492, as added by Chapter 777~~ (HB1964~~), Acts of the 82nd Legislature, Regular Session, 2011~~];

(3) waived in full or in part under Article 43.091 or 45.0491; or

(4) satisfied through any combination of methods under Subdivisions (1)-(3).

(d) A judge may allow a defendant who is a child, as defined by Article 45.058(h), to elect at the time of conviction, as defined by Section 133.101, Local Government Code, to discharge the fine and costs by:

(1) performing community service or receiving tutoring under Article 45.049 [~~45.0492, as added by Chapter 227~~ (HB350~~), Acts of the 82nd Legislature, Regular Session, 2011~~]; or

(2) paying the fine and costs in a manner described by Subsection (b).

(d) Article 44.2811, Code of Criminal Procedure, as amended by Chapters 1257 (HB 528), 1319 (SB 394), and 1407 (SB 393), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

Art. 44.2811. RECORDS RELATING TO CERTAIN [~~OR RECEIVING DEFERRED DISPOSITION FOR~~] FINE-ONLY MISDEMEANORS COMMITTED BY A CHILD. All records and files and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a criminal case for a fine-only misdemeanor, other than a traffic offense, that is committed by a child and that is appealed are confidential and may not be disclosed to the public except as provided under Article 45.0217(b). [~~(a)~~ ~~This article applies only to a misdemeanor offense punishable by fine only, other than a traffic offense.~~

[~~(b)~~ All records and files and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a child who is convicted of and has satisfied the judgment for or who has received a dismissal after deferral of disposition for an offense described by Subsection (a) are confidential and may not be disclosed to the public except as provided under Article 45.0217(b).]

(e) Article 45.0215(a), Code of Criminal Procedure, is amended to read as follows:

(a) Subject to the requirements of Subchapter E, this [~~This~~] article applies to a defendant who has not had the disabilities of minority removed and has been:

(1) charged with an offense other than an offense under Section 43.261, Penal Code, if the defendant is younger than 17 years of age; or

(2) charged with an offense under Section 43.261, Penal Code, if the defendant is younger than 18 years of age.

(f) Article 45.0217, Code of Criminal Procedure, as amended by Chapters 1257 (HB 528), 1319 (SB 394), and 1407 (SB 393), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES AGAINST OR [~~THE~~] CONVICTION OF [~~OR DEFERRAL OF DISPOSITION FOR~~] A CHILD. (a) [~~This article applies only to a misdemeanor offense punishable by fine only, other than a traffic offense.~~

[~~(a-1)~~] Except as provided by Article 15.27 and Subsection (b), all records and files, including those held by law enforcement, and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a child who is charged with, is convicted of, is found not guilty of, had a charge dismissed for, or is granted deferred disposition for a fine-only misdemeanor [~~for or who has received a dismissal after deferral of disposition for an~~] offense other than a traffic offense [~~described by Subsection (a)~~] are confidential and may not be disclosed to the public.

(b) Information subject to Subsection (a) [~~(a-1)~~] may be open to inspection only by:

(1) judges, prosecutors, and the staff of the judges or prosecutors [~~or court staff~~];

(2) a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code;

(3) the Department of Public Safety;

(4) an attorney for a party to the proceeding;

(5) the child defendant; [or]

(6) the defendant's parent, guardian, or managing conservator;

(7) a governmental agency if the disclosure is:

(A) required or authorized by law; or

(B) for the purpose of maintaining statistical records of recidivism and for diagnosis and classification;

(8) an individual or entity to whom the child is referred for treatment or services if the agency or institution disclosing the information has entered into a written confidentiality agreement with the individual or entity regarding the protection of the disclosed information; or

(9) with leave of the justice or municipal court, any other person having a legitimate interest in the proceeding or in the work of the court.

(g) Article 45.041(a-1), Code of Criminal Procedure, as added by Chapter 1127 (SB 1913), Acts of the 85th Legislature, Regular Session, 2017, is amended to read as follows:

(a-1) Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.14(a) or 27.16(a), the justice or judge shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the justice or judge determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the justice or judge shall determine whether the fine and costs should be:

(1) subject to Subsection (b-2), required to be paid at some later date or in a specified portion at designated intervals;

(2) discharged by performing community service under[~~, as applicable,~~] Article 45.049[~~, Article 45.0492, as added by Chapter 227~~ (HB350~~), Acts of the 82nd Legislature, Regular Session, 2011, or Article 45.0492, as added by Chapter 777~~ (HB1964~~), Acts of the 82nd Legislature, Regular Session, 2011~~];

(3) waived in full or in part under Article 45.0491; or

(4) satisfied through any combination of methods under Subdivisions (1)-(3).

(h) Articles 45.041(b-3) and (b-5), Code of Criminal Procedure, are amended to read as follows:

(b-3) If a diversion is not required under Subchapter E or Subsection (b-5), a [A] judge shall [~~may~~] allow a defendant who is a child, as defined by Article 45.058(h), to elect at the time of conviction, as defined by Section 133.101, Local Government Code, to discharge the fine and costs by:

(1) performing community service or receiving tutoring under Article 45.049 [~~45.0492, as added by Chapter 227~~ (HB350~~), Acts of the 82nd Legislature, Regular Session, 2011~~]; or

(2) paying the fine and costs in a manner described by Subsection (b).

(b-5) If a case involving a child who is eligible for diversion under Article 45.304 results in a trial, on a finding of guilt, without entering a judgment, sentence, or conviction, the justice or judge shall order a diversion under Article 45.314 [~~The requirement under Article 45.0492(a), as added by Chapter 227~~ (HB350), Acts of the 82nd Legislature, Regular Session, 2011, that an offense occur in a building or on the grounds of the primary or secondary school at which the defendant was enrolled at the time of the offense does not apply to the performance of community service or the receipt of tutoring to discharge a fine or costs under Subsection (b-3)(1)].

(i) Articles 45.049(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) A justice or judge may require a defendant who fails to pay a previously assessed fine or costs, [or] who is determined by the court to have insufficient resources or income to pay a fine or costs, or who is a child and assessed a fine or costs to discharge all or part of the fine or costs by performing community service. A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed.

(b) In the justice's or judge's order requiring a defendant to perform community service under this article, the justice or judge must specify:

(1) the number of hours of community service the defendant is required to perform, not to exceed 200 hours if the defendant is a child; and

(2) the date by which the defendant must submit to the court documentation verifying the defendant's completion of the community service.

(j) Article 45.049(c), Code of Criminal Procedure, as amended by Chapters 977 (HB 351) and 1127 (SB 1913), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:

(1) by attending:

(A) a work and job skills training program;

(B) a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code;

(D) a rehabilitation program;

(E) a counseling program, including a self-improvement program;

(F) a mentoring program;

(G) a tutoring program if the defendant is a child; or

(H) [~~(G)~~] any similar activity; or

(2) for:

(A) a governmental entity;

(B) a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or

(k) Articles 45.049(d), (f), and (i), Code of Criminal Procedure, are amended to read as follows:

(d) A justice or judge may not order a defendant to perform more than 16 hours per week of community service under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant's dependents, or if the defendant is a child, on the defendant or the defendant's family. In this subsection, "family" has the meaning assigned by Section 71.003, Family Code.

(f) A sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant under this article or Subchapter E to perform community service is not liable for damages arising from an act or failure to act in connection with community service performed by a defendant under this article or Subchapter E if the act or failure to act:

(1) was performed pursuant to court order; and

(2) was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.

(i) A community supervision and corrections department, a local juvenile probation department, or a court-related services office may provide the administrative and other services necessary for supervision of a defendant required to perform community service under this article.

(l) Article 45.051(a-1), Code of Criminal Procedure, as amended by Chapters 227 (HB 350) and 777 (HB 1964), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

(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 court costs as required by Subsection (a), the judge may:

(1) allow the defendant to enter into an agreement for payment of those costs in installments during the defendant's period of probation;

(2) require an eligible defendant to discharge all or part of those costs by performing community service or attending a tutoring program under Article 45.049 [~~or 45.0492~~]; or

(3) take any combination of actions authorized by Subdivision (1) or (2).

(m) Articles 45.056(a), (b), (d), (e), and (g), Code of Criminal Procedure, are amended to read as follows:

(a) On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority, a county court, justice court, municipal court, school district, juvenile probation department, or other appropriate governmental entity may:

(1) employ a juvenile case manager or contract for a juvenile case manager to provide services in cases involving:

(A) youth diversion under Subchapter E;

(B) children [~~juvenile offenders~~] who are before a court consistent with the court's statutory powers; or

(C) children who are referred to a court by a school administrator or designee for misconduct that would otherwise be within the court's statutory powers prior to a case being filed, with the consent of the juvenile and the juvenile's parents or guardians;

(2) employ or contract for the services of one or more juvenile case managers who:

(A) shall assist the court in administering the court's juvenile docket and in supervising the court's orders in juvenile cases; and

(B) may provide:

(i) prevention services to a child considered at risk of entering the juvenile justice system; and

(ii) youth diversion [~~intervention~~] services to juveniles engaged in misconduct before cases are filed, excluding traffic offenses; or

(3) agree in accordance with Chapter 791, Government Code, with any appropriate governmental entity to jointly employ a juvenile case manager, jointly contract for juvenile case manager services, or [to] jointly contribute to the costs of a juvenile case manager or juvenile case manager [~~employed by one governmental entity to provide~~] services described by Subdivisions (1) and (2).

(b) A local entity may apply or more than one local entity may jointly apply to the criminal justice division of the governor's office for reimbursement of all or part of the costs of employing one or more juvenile case managers or contracting for juvenile case manager services from funds appropriated to the governor's office or otherwise available for purposes of youth diversion [~~that purpose~~]. To be eligible for reimbursement, the entity applying must present to the governor's office a comprehensive plan to reduce juvenile crimes in the entity's jurisdiction and a youth diversion plan under Article 45.306 that addresses the role of the juvenile case manager in that effort.

(d) Pursuant to Article 102.0174, the court or governing body may pay:

(1) the salary and benefits of a juvenile case manager;

(2) the costs of contracting for juvenile case manager services; and

(3) the costs of training, travel, office supplies, and other necessary expenses relating to the position of the juvenile case manager and juvenile case manager services from the juvenile case manager fund.

(e) A juvenile case manager [~~employed under Subsection (c)~~] shall give priority to cases brought under Section [~~Sections~~] 25.093 [~~and 25.094~~], Education Code, Chapter 65, Family Code, and youth diversion under Subchapter E.

(g) A [~~The employing~~] court or governmental entity under this article shall implement the rules adopted under Subsection (f).

(n) Article 45.056(c), Code of Criminal Procedure, as amended by Chapters 1213 (SB 1419) and 1407 (SB 393), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(c) An entity that jointly employs a juvenile case manager, jointly contracts for juvenile case manager services, or jointly contributes to the costs of a juvenile case manager or juvenile case manager services under Subsection (a)(3) employs a juvenile case manager for purposes of Chapter 102 of this code and Chapter 102, Government Code.

(o) The heading to Article 102.014, Code of Criminal Procedure, is amended to read as follows:

Art. 102.014. COURT COSTS FOR CHILD SAFETY FUND [~~IN MUNICIPALITIES~~].

(p) Articles 102.014(g) and (h), Code of Criminal Procedure, are amended to read as follows:

(g) In a municipality with a population less than 850,000 according to the most recent federal decennial census, the money collected under this article in a municipal court case must be used for a school crossing guard program if the municipality operates one. If the municipality does not operate a school crossing guard program or if the money received from court costs from municipal court cases exceeds the amount necessary to fund the school crossing guard program, the municipality may:

(1) deposit the additional money in an interest-bearing account;

(2) expend the additional money for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention, youth diversion, and drug and alcohol abuse prevention; or

(3) expend the additional money for programs designed to enhance public safety and security.

(h) Money collected under this article in a justice, county, or district court shall be used to fund school crossing guard programs in the county where they are collected. If the county does not operate a school crossing guard program, the county may:

(1) remit fee revenues to school districts in its jurisdiction for the purpose of providing school crossing guard services;

(2) fund programs the county is authorized by law to provide which are designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention, youth diversion, and drug and alcohol abuse prevention;

(3) provide funding to the sheriff's department for school-related activities;

(4) provide funding to the county juvenile probation department; or

(5) deposit the money in the general fund of the county.

(q) The heading to Article 102.015, Code of Criminal Procedure, is amended to read as follows:

Art. 102.015. COURT COSTS: YOUTH [~~TRUANCY PREVENTION AND~~] DIVERSION FUND.

(r) Articles 102.015(a), (e), (g), and (h), Code of Criminal Procedure, are amended to read as follows:

(a) The youth [~~truancy prevention and~~] diversion fund is a dedicated account in the general revenue fund.

(e) The custodian of a county treasury or municipal treasury, as applicable, 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, except that the custodian may retain 50 percent of funds collected under this article to defray the costs of youth diversion under Subchapter E, Chapter 45 [~~for the purpose of operating or establishing a juvenile case manager program~~], if the county or municipality has a youth diversion plan under Article 45.306 [~~established or is attempting to establish a juvenile case manager program~~].

(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 youth [~~truancy prevention and~~] diversion fund. The legislature may appropriate money from the account only to the criminal justice division of the governor's office for distribution to local governmental entities for youth diversion [~~truancy prevention and intervention~~] services.

(h) A local governmental entity may request funds from the criminal justice division of the governor's office for providing youth diversion [~~truancy prevention and intervention~~] services. The division may award the requested funds based on the availability of appropriated funds and subject to the application procedure and eligibility requirements specified by division rule.

(s) Article 102.0171, Code of Criminal Procedure, is amended by amending Subsections (a) and (c) and adding Subsection (e) to read as follows:

(a) A defendant convicted of an offense under Section 28.08, Penal Code, in a municipal court, justice court, county court, county court at law, or district court shall pay a $50 juvenile delinquency prevention and graffiti eradication fee as a cost of court.

(c) The clerks of the respective courts shall collect the costs and pay them to the county treasurer, municipal treasurer, or to any other official who discharges the duties commonly delegated to the county or municipal treasurer for deposit in a fund to be known as the county juvenile delinquency prevention fund or municipal juvenile delinquency prevention fund. A fund designated by this subsection may be used only to:

(1) repair damage caused by the commission of offenses under Section 28.08, Penal Code;

(2) provide educational and intervention programs and materials, including printed educational materials for distribution to primary and secondary school students, designed to prevent individuals from committing offenses under Section 28.08, Penal Code;

(3) provide to the public rewards for identifying and aiding in the apprehension and prosecution of offenders who commit offenses under Section 28.08, Penal Code;

(4) provide funding for teen recognition and teen recreation programs;

(5) provide funding for local teen court programs;

(6) provide funding for the local juvenile probation department; [~~and~~]

(7) provide educational and intervention programs designed to prevent juveniles from engaging in delinquent conduct; and

(8) provide funding for youth diversion under Subchapter E, Chapter 45.

(e) The municipal juvenile delinquency prevention fund shall be administered by or under the direction of the governing body of a municipality.

(t) Articles 102.0174(b), (c), and (g), Code of Criminal Procedure, are amended to read as follows:

(b) The governing body of a municipality by ordinance may create a juvenile case manager fund and may require a defendant convicted of a fine-only misdemeanor offense in a municipal court to pay a juvenile case manager fee not to exceed $5 as a cost of court if the municipality employs a juvenile case manager or contracts for juvenile case manager services. A municipality that does not employ a juvenile case manager or contract for juvenile case manager services may not collect a fee under this subsection.

(c) The commissioners court of a county by order may create a juvenile case manager fund and may require a defendant convicted of a fine-only misdemeanor offense in a justice court, county court, or county court at law to pay a juvenile case manager fee not to exceed $5 as a cost of court if the court employs a juvenile case manager or contracts for juvenile case manager services. A justice court, county court, or county court at law that does not employ a juvenile case manager or contract for juvenile case manager services may not collect a fee under this subsection.

(g) A fund created under this article [~~section~~] may be used to finance the salary and [,] benefits of a juvenile case manager employed under Article 45.056, costs of contracting for juvenile case manager services under Article 45.056, and training, travel expenses, office supplies, and other necessary expenses relating to the position of a juvenile case manager and juvenile case manager services [~~employed~~] under Article 45.056. If there is money in the fund after those costs are paid, on approval by the employing court, a juvenile case manager may direct the remaining money to be used to implement programs directly related to the duties of the juvenile case manager, including juvenile alcohol and substance abuse programs, educational and leadership programs, and any other projects designed to prevent or reduce the number of juvenile referrals to the court under Subchapter E, Chapter 45. The fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.

(u) Section 52.03(a), Family Code, is amended to read as follows:

(a) A law-enforcement officer authorized by this title to take a child into custody may dispose of the case of a child taken into custody [~~or accused of a Class C misdemeanor, other than a traffic offense,~~] without referral to juvenile court [~~or charging a child in a court of competent criminal jurisdiction,~~] if:

(1) guidelines for such disposition have been adopted by the juvenile board of the county in which the disposition is made as required by Section 52.032;

(2) the disposition is authorized by the guidelines; and

(3) the officer makes a written report of the officer's disposition to the law-enforcement agency, identifying the child and specifying the grounds for believing that the taking into custody [~~or accusation of criminal conduct~~] was authorized.

(v) Section 52.031(a), Family Code, is amended to read as follows:

(a) A juvenile board may establish a first offender program under this section for the referral and disposition of children taken into custody for [~~, or accused prior to the filing of a criminal charge, of~~]:

(1) conduct indicating a need for supervision; or

(2) [~~a Class C misdemeanor, other than a traffic offense; or~~

[~~(3)~~] delinquent conduct other than conduct that constitutes:

(A) a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or

(B) a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, location-restricted knife, or club, as those terms are defined by Section 46.01, Penal Code, or a prohibited weapon, as described by Section 46.05, Penal Code.

(w) Sections 52.031(d), (f), (i), and (j), Family Code, as amended by Chapters 1407 (SB 393) and 1409 (SB 1114), Acts of the 83rd Legislature, Regular Session, 2013, are reenacted and amended to read as follows:

(d) A law enforcement officer taking a child into custody [~~or accusing a child of an offense described in Subsection (a)(2)~~] may refer the child to the law enforcement officer or agency designated under Subsection (b) for disposition under the first offender program and not refer the child to juvenile court [~~or a court of competent criminal jurisdiction~~] only if:

(1) the child has not previously been adjudicated as having engaged in delinquent conduct;

(2) the referral complies with guidelines for disposition under Subsection (c); and

(3) the officer reports in writing the referral to the agency, identifying the child and specifying the grounds for taking the child into custody [~~or accusing a child of an offense described in Subsection (a)(2)~~].

(f) The parent, guardian, or other custodian of the child must receive notice that the child has been referred for disposition under the first offender program. The notice must:

(1) state the grounds for taking the child into custody [~~or accusing a child of an offense described in Subsection (a)(2)~~];

(2) identify the law enforcement officer or agency to which the child was referred;

(3) briefly describe the nature of the program; and

(4) state that the child's failure to complete the program will result in the child being referred to the juvenile court [~~or a court of competent criminal jurisdiction~~].

(i) The case of a child who successfully completes the first offender program is closed and may not be referred to juvenile court [~~or a court of competent criminal jurisdiction~~], unless the child is taken into custody under circumstances described by Subsection (j)(3).

(j) The case of a child referred for disposition under the first offender program shall be referred to juvenile court [~~or a court of competent criminal jurisdiction~~] if:

(1) the child fails to complete the program;

(2) the child or the parent, guardian, or other custodian of the child terminates the child's participation in the program before the child completes it; or

(3) the child completes the program but is taken into custody under Section 52.01 before the 90th day after the date the child completes the program for conduct other than the conduct for which the child was referred to the first offender program.

(x) Section 264.302(e), Family Code, is amended to read as follows:

(e) The department shall provide services for a child and the child's family if a contract to provide services under this section is available in the county and the child is referred to the department as an at-risk child by:

(1) a juvenile court or probation department as part of a progressive sanctions program under Chapter 59;

(2) a law enforcement officer or agency under Article 45.310 or 45.311, Code of Criminal Procedure, or Section 52.03 of this code; or

(3) a justice or municipal court under Article 45.057, 45.313, or 45.314, Code of Criminal Procedure.

(y) Section 22.1105(a), Government Code, is amended to read as follows:

(a) Each judge of a court with jurisdiction to hear a complaint against a child alleging a violation of a misdemeanor offense punishable by fine only, other than a traffic offense or public intoxication or a violation of a penal ordinance of a political subdivision other than a traffic offense, shall complete a course of instruction related to understanding relevant issues of child welfare and youth diversion [~~the Individuals with Disabilities Education Act (20~~ ~~U.S.C.~~ ~~Section 1400~~ ~~et seq.)~~] every judicial academic year that ends in a 0 or a 5.

(z) Subchapter F, Chapter 102, Government Code, is amended by adding Section 102.1011 to read as follows:

Sec. 102.1011. JUVENILE DELINQUENCY PREVENTION AND GRAFFITI ERADICATION FEE ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a justice court shall collect from a defendant a juvenile delinquency prevention and graffiti eradication fee of $50 under Article 102.0171, Code of Criminal Procedure, on conviction of an offense under Section 28.08, Penal Code.

(aa) Subchapter G, Chapter 102, Government Code, is amended by adding Section 102.1211 to read as follows:

Sec. 102.1211. JUVENILE DELINQUENCY PREVENTION AND GRAFFITI ERADICATION FEE ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect from a defendant a juvenile delinquency prevention and graffiti eradication fee of $50 under Article 102.0171, Code of Criminal Procedure, on conviction of an offense under Section 28.08, Penal Code.

(bb) Section 103.021, Government Code, is amended to read as follows:

Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:

(1) a personal bond fee (Art. 17.42, Code of Criminal Procedure) . . . the greater of $20 or three percent of the amount of the bail fixed for the accused;

(2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) . . . actual cost;

(3) a fee for verification of and monitoring of motor vehicle ignition interlock (Art. 17.441, Code of Criminal Procedure) . . . not to exceed $10;

(3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(3-b) costs associated with providing a defendant's victim with an electronic receptor device as a condition of the defendant's release on bond (Art. 17.49(b)(3), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(4) repayment of reward paid by a crime stoppers organization on conviction of a felony (Art. 37.073, Code of Criminal Procedure) . . . amount ordered;

(5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42A.301(b)(17) [~~42A.301(17)~~], Code of Criminal Procedure) . . . not to exceed $50 for a misdemeanor offense or $100 for a felony offense;

(6) payment to a crime stoppers organization as condition of community supervision (Art. 42A.301(b)(20) [~~42A.301(20)~~], Code of Criminal Procedure) . . . not to exceed $50;

(7) children's advocacy center fee (Art. 42A.455, Code of Criminal Procedure) . . . not to exceed $50;

(8) family violence center fee (Art. 42A.504(b), Code of Criminal Procedure) . . . $100;

(9) community supervision fee (Art. 42A.652(a), Code of Criminal Procedure) . . . not less than $25 or more than $60 per month;

(10) additional community supervision fee for certain offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per month;

(11) for certain financially able sex offenders as a condition of community supervision, the costs of treatment, specialized supervision, or rehabilitation (Art. 42A.452, Code of Criminal Procedure) . . . all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation as determined by the judge;

(12) fee for failure to appear for trial in a justice or municipal court if a jury trial is not waived (Art. 45.026, Code of Criminal Procedure) . . . costs incurred for impaneling the jury;

(13) costs of certain testing, assessments, or programs during a deferral period (Art. 45.051, Code of Criminal Procedure) . . . amount ordered;

(14) special expense on dismissal of certain misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . . . not to exceed amount of fine assessed;

(15) an additional fee:

(A) for a copy of the defendant's driving record to be requested from the Department of Public Safety by the judge (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal to the sum of the fee established by Section 521.048, Transportation Code, and the state electronic Internet portal fee;

(B) as an administrative fee for requesting a driving safety course or a course under the motorcycle operator training and safety program for certain traffic offenses to cover the cost of administering the article (Art. 45.0511(f)(1), Code of Criminal Procedure) . . . not to exceed $10; or

(C) for requesting a driving safety course or a course under the motorcycle operator training and safety program before the final disposition of the case (Art. 45.0511(f)(2), Code of Criminal Procedure) . . . not to exceed the maximum amount of the fine for the offense committed by the defendant;

(16) a request fee for teen court program (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise not to exceed $10;

(17) a fee to cover costs of required duties of teen court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise $10;

(18) a mileage fee for officer performing certain services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per mile;

(19) certified mailing of notice of hearing date (Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;

(20) certified mailing of certified copies of an order of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, plus postage;

(20-a) a fee to defray the cost of notifying state agencies of orders of expungement (Art. 45.0216, Code of Criminal Procedure) . . . $30 per application;

(21) sight orders:

(A) if the face amount of the check or sight order does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $10;

(B) if the face amount of the check or sight order is greater than $10 but does not exceed $100 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $15;

(C) if the face amount of the check or sight order is greater than $100 but does not exceed $300 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $30;

(D) if the face amount of the check or sight order is greater than $300 but does not exceed $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $50; and

(E) if the face amount of the check or sight order is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $75;

(22) fees for a pretrial intervention program:

(A) a supervision fee (Art. 102.012(a), Code of Criminal Procedure) . . . $60 a month plus expenses; and

(B) a district attorney, criminal district attorney, or county attorney administrative fee (Art. 102.0121, Code of Criminal Procedure) . . . not to exceed $500;

(23) parking fee violations for child safety fund in municipalities with populations:

(A) greater than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not less than $2 and not to exceed $5; and

(B) less than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not to exceed $5;

(24) an administrative fee for collection of fines, fees, restitution, or other costs (Art. 102.072, Code of Criminal Procedure) . . . not to exceed $2 for each transaction;

(25) a collection fee, if authorized by the commissioners court of a county or the governing body of a municipality, for certain debts and accounts receivable, including unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 percent of an amount more than 60 days past due; and

(26) a cost on conviction for the youth [~~truancy prevention and~~] diversion fund (Art. 102.015, Code of Criminal Procedure) . . . $2.

(cc) Subchapter B, Chapter 103, Government Code, is amended by adding Section 103.02102 to read as follows:

Sec. 103.02102. ADDITIONAL FEE FOR YOUTH DIVERSION: CODE OF CRIMINAL PROCEDURE. A parent of a child participating in a diversion program shall, if ordered by the court under Article 45.316, Code of Criminal Procedure, pay a fee of $30 to defray the costs of youth diversion programs under Subchapter E, Chapter 45, Code of Criminal Procedure.

(dd) The following laws are repealed:

(1) Article 42.15(a-1), Code of Criminal Procedure, as added by Chapter 977 (HB 351), Acts of the 85th Legislature, Regular Session, 2017;

(2) Article 42.15(f), Code of Criminal Procedure;

(3) Article 45.041(a-1), Code of Criminal Procedure, as added by Chapter 977 (HB 351), Acts of the 85th Legislature, Regular Session, 2017;

(4) Article 45.0492, Code of Criminal Procedure, as added by Chapter 227 (HB 350), Acts of the 82nd Legislature, Regular Session, 2011;

(5) Article 45.0492, Code of Criminal Procedure, as added by Chapter 777 (HB 1964), Acts of the 82nd Legislature, Regular Session, 2011; and

(6) Section 52.031(a-1), Family Code.

(ee) Not later than September 1, 2020, each justice and municipal court shall implement a youth diversion plan under Subchapter E, Chapter 45, Code of Criminal Procedure, as added by this section.

(ff) The changes in law made by this section apply only to an offense committed on or after September 1, 2020. An offense committed before September 1, 2020, 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 subsection, an offense was committed before September 1, 2020, if any element of the offense occurred before that date.

Amendment No. 2 was adopted.

SB 562, as amended, was passed by (Record 1664): 134 Yeas, 7 Nays, 2 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; 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.; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; 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; Zerwas; Zwiener.

Nays — Cain; Hefner; Hunter; Lang; Middleton; Patterson; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Biedermann; Klick; Nevárez.

STATEMENT OF VOTE

When Record No. 1664 was taken, I was shown voting yes. I intended to vote no.

Shaheen

SB 869 ON THIRD 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 by (Record 1665): 138 Yeas, 6 Nays, 2 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Middleton; Oliverson; Pacheco; Stickland; Tinderholt.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1665 was taken, I was shown voting no. I intended to vote yes.

Oliverson

When Record No. 1665 was taken, I was shown voting no. I intended to vote yes.

Pacheco

SB 1564 ON THIRD 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.

SB 1564 was passed by (Record 1666): 144 Yeas, 0 Nays, 2 Present, not voting.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

SB 1676 ON THIRD 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.

Representative S. Thompson moved to postpone consideration of SB 1676 until the end of the third reading calendar.

The motion prevailed.

(Speaker in the chair)

SB 1017 ON THIRD 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.

Amendment No. 1

Representative Leman offered the following amendment to SB 1017:

Amend SB 1017 on third reading in added Section 61.06641(a)(1), Education Code, as amended on second reading by Amendment No. 1 by Leman, by striking "with priority given to Texas residents".

A record vote was requested by Representative Stickland.

Amendment No. 1 was adopted by (Record 1667): 116 Yeas, 24 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Cyrier; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra; Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; 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; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Perez; Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Talarico; Thierry; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Ashby; Cain; Craddick; Dean; Harris; Hefner; Holland; King, K.; Lang; Middleton; Murr; Parker; Patterson; Paul; Price; Schaefer; Shaheen; Stephenson; Stickland; Stucky; Swanson; Thompson, E.; Tinderholt; Wilson.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Guillen; Gutierrez; Krause; Sanford; Zedler.

STATEMENTS OF VOTE

When Record No. 1667 was taken, I was shown voting yes. I intended to vote no.

Burns

When Record No. 1667 was taken, my vote failed to register. I would have voted no.

Krause

SB 1017, as amended, was passed by (Record 1668): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Absent — Nevárez.

SB 241 ON THIRD READING
(Longoria - House Sponsor)

SB 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

Representative Smithee offered the following amendment to SB 241:

Amend SB 241 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 52.335, Education Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) A participating higher educational institution is not required to provide in any disclosure or report required under this section information regarding loans issued by a private entity.

Amendment No. 1 was adopted.

SB 241, as amended, was passed by (Record 1669): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Absent — Johnson, J.D.

SB 1056 ON THIRD 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 by (Record 1670): 142 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Kacal; Paddie; Schaefer.

SB 1995 ON THIRD 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.

SB 1995 was passed by (Record 1671): 104 Yeas, 35 Nays, 1 Present, not voting.

Yeas — Allison; Ashby; Bailes; Bell, C.; Biedermann; Bohac; Bonnen; Bowers; Buckley; Burns; Burrows; Button; Cain; Canales; Capriglione; Clardy; Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Flynn; Frank; Frullo; Geren; Goldman; Guillen; Gutierrez; Harless; Harris; Hefner; Holland; Huberty; Hunter; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lozano; Lucio; Metcalf; Meyer; Middleton; Miller; Minjarez; Moody; Morrison; Murphy; Murr; Noble; Oliverson; Pacheco; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; VanDeaver; White; Wilson; Wray; Wu; Zedler; Zerwas.

Nays — Anchia; Beckley; Bernal; Blanco; Bucy; Calanni; Cole; Fierro; González, J.; Goodwin; Guerra; Hernandez; Herrero; Hinojosa; Howard; Israel; Lopez; Martinez Fischer; Meza; Morales; Muñoz; Neave; Nevárez; Ortega; Perez; Ramos; Romero; Rose; Rosenthal; Sherman; Talarico; Turner, J.; Vo; Walle; Zwiener.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Allen; Anderson; Farrar; González, M.; King, T.; Martinez.

STATEMENTS OF VOTE

When Record No. 1671 was taken, I was in the house but away from my desk. I would have voted yes.

Allen

When Record No. 1671 was taken, I was in the house but away from my desk. I would have voted yes.

Anderson

When Record No. 1671 was taken, my vote failed to register. I would have voted no.

Farrar

When Record No. 1671 was taken, I was shown voting no. I intended to vote yes.

Guerra

When Record No. 1671 was taken, I was shown voting yes. I intended to vote no.

Gutierrez

When Record No. 1671 was taken, I was in the house but away from my desk. I would have voted no.

Martinez

SB 1105 ON THIRD READING
(Frank and Klick - House Sponsors)

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

Amendment No. 1

Representative Phelan offered the following amendment to SB 1105:

Amend SB 1105 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. The heading to Section 531.02414, Government Code, is amended to read as follows:

Sec. 531.02414. NONEMERGENCY TRANSPORTATION SERVICES UNDER [~~ADMINISTRATION AND OPERATION OF~~] MEDICAL TRANSPORTATION PROGRAM.

SECTION ____. Section 531.02414(a), Government Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a) and (3) to read as follows:

(1) "Medical transportation program" means the program that provides nonemergency transportation services [~~to and from covered health care services, based on medical necessity,~~] to recipients under Medicaid, subject to Subsection (a-1), the children with special health care needs program, and the transportation for indigent cancer patients program, who have no other means of transportation.

(1-a) "Nonemergency transportation service" means nonemergency medical transportation services authorized under:

(A) for a Medicaid recipient, the state Medicaid plan; and

(B) for a recipient under another program described by Subdivision (1), that program.

(3) "Transportation network company" has the meaning assigned by Section 2402.001, Occupations Code.

SECTION ____. Section 531.02414, Government Code, is amended by adding Subsections (a-1), (i), (j), (k), (l), and (m) and amending Subsections (b), (e), and (f) to read as follows:

(a-1) This section does not apply to the provision of nonemergency transportation services on or after September 1, 2020, to a Medicaid recipient who is enrolled in a managed care plan offered by a Medicaid managed care organization.

(b) Notwithstanding any other law, the commission shall directly supervise the administration and operation of the medical transportation program under this section.

(e) The executive commissioner shall adopt rules to ensure the safe and efficient provision of nonemergency transportation services under this section [~~the medical transportation program by regional contracted brokers and subcontractors of regional contracted brokers~~]. The rules must include:

(1) minimum standards regarding the physical condition and maintenance of motor vehicles used to provide the services, including standards regarding the accessibility of motor vehicles by persons with disabilities;

(2) a requirement that a regional contracted broker verify that each motor vehicle operator providing the services or seeking to provide the services has a valid driver's license;

(3) a requirement that a regional contracted broker check the driving record information maintained by the Department of Public Safety under Subchapter C, Chapter 521, Transportation Code, of each motor vehicle operator providing the services or seeking to provide the services;

(4) a requirement that a regional contracted broker check the public criminal record information maintained by the Department of Public Safety and made available to the public through the department's Internet website of each motor vehicle operator providing the services or seeking to provide the services; and

(5) training requirements for motor vehicle operators providing the services through a regional contracted broker, including training on the following topics:

(A) passenger safety;

(B) passenger assistance;

(D) sensitivity and diversity;

(E) customer service;

(F) defensive driving techniques; and

(G) prohibited behavior by motor vehicle operators.

(f) Except as provided by Subsection (j), the [~~The~~] commission shall require compliance with the rules adopted under Subsection (e) in any contract entered into with a regional contracted broker to provide nonemergency transportation services under the medical transportation program.

(i) Emergency medical services personnel and emergency medical services vehicles, as those terms are defined by Section 773.003, Health and Safety Code, may not provide nonemergency transportation services under the medical transportation program.

(j) A regional contracted broker may subcontract with a transportation network company to provide services under this section. A rule or other requirement adopted by the executive commissioner under Subsection (e) does not apply to the subcontracted transportation network company or a motor vehicle operator who is part of the company's network. The commission or the regional contracted broker may not require a motor vehicle operator who is part of the subcontracted transportation network company's network to enroll as a Medicaid provider to provide services under this section.

(k) The commission or a regional contracted broker that subcontracts with a transportation network company under Subsection (j) may require the transportation network company or a motor vehicle operator who provides services under this section to be periodically screened against the list of excluded individuals and entities maintained by the Office of Inspector General of the United States Department of Health and Human Services.

(l) Notwithstanding any other law, a motor vehicle operator who is part of the network of a transportation network company that subcontracts with a regional contracted broker under Subsection (j) and who satisfies the driver requirements in Section 2402.107, Occupations Code, is qualified to provide services under this section. The commission and the regional contracted broker may not impose any additional requirements on a motor vehicle operator who satisfies the driver requirements in Section 2402.107, Occupations Code, to provide services under this section.

(m) For purposes of this section and notwithstanding Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle operator who provides services under this section may use a wheelchair-accessible vehicle equipped with a lift or ramp that is capable of transporting passengers using a fixed-frame wheelchair in the cabin of the vehicle if the vehicle otherwise meets the requirements of Section 2402.111, Occupations Code.

SECTION ____. The heading to Section 533.00257, Government Code, is amended to read as follows:

Sec. 533.00257. DELIVERY OF MEDICAL TRANSPORTATION PROGRAM SERVICES THROUGH MANAGED TRANSPORTATION ORGANIZATION.

SECTION ____. Section 533.00257(a), Government Code, is amended by adding Subdivision (2-a) to read as follows:

(2-a) "Transportation network company" has the meaning assigned by Section 2402.001, Occupations Code.

SECTION ____. Section 533.00257, Government Code, is amended by amending Subsections (b), (d), and (g) and adding Subsections (k), (l), (m), and (n) to read as follows:

(b) The [~~Subject to Subsection (i), the~~] commission may [~~shall~~] provide medical transportation program services on a regional basis through a managed transportation delivery model using managed transportation organizations and providers, as appropriate, that:

(1) operate under a capitated rate system;

(2) assume financial responsibility under a full-risk model;

(3) operate a call center;

(4) use fixed routes when available and appropriate; and

(5) agree to provide data to the commission if the commission determines that the data is required to receive federal matching funds.

(d) Except as provided by Subsections (k) and (m), a [A] managed transportation organization that participates in the medical transportation program must attempt to contract with medical transportation providers that:

(1) are considered significant traditional providers, as defined by rule by the executive commissioner;

(2) meet the minimum quality and efficiency measures required under Subsection (g) and other requirements that may be imposed by the managed transportation organization; and

(3) agree to accept the prevailing contract rate of the managed transportation organization.

(g) Except as provided by Subsections (k) and (m), the [~~The~~] commission shall require that managed transportation organizations and providers participating in the medical transportation program meet minimum quality and efficiency measures as determined by the commission.

(k) A managed transportation organization may subcontract with a transportation network company to provide services under this section. A rule or other requirement adopted by the executive commissioner under this section or Section 531.02414 does not apply to the subcontracted transportation network company or a motor vehicle operator who is part of the company's network. The commission or the managed transportation organization may not require a motor vehicle operator who is part of the subcontracted transportation network company's network to enroll as a Medicaid provider to provide services under this section.

(l) The commission or a managed transportation organization that subcontracts with a transportation network company under Subsection (k) may require the transportation network company or a motor vehicle operator who provides services under this section to be periodically screened against the list of excluded individuals and entities maintained by the Office of Inspector General of the United States Department of Health and Human Services.

(m) Notwithstanding any other law, a motor vehicle operator who is part of the network of a transportation network company that subcontracts with a managed transportation organization under Subsection (k) and who satisfies the driver requirements in Section 2402.107, Occupations Code, is qualified to provide services under this section. The commission and the managed transportation organization may not impose any additional requirements on a motor vehicle operator who satisfies the driver requirements in Section 2402.107, Occupations Code, to provide services under this section.

(n) For purposes of this section and notwithstanding Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle operator who provides services under this section may use a wheelchair-accessible vehicle equipped with a lift or ramp that is capable of transporting passengers using a fixed-frame wheelchair in the cabin of the vehicle if the vehicle otherwise meets the requirements of Section 2402.111, Occupations Code.

SECTION ____. Subchapter A, Chapter 533, Government Code, is amended by adding Sections 533.002571, 533.00258, and 533.002581 to read as follows:

Sec. 533.002571. DELIVERY OF NONEMERGENCY TRANSPORTATION SERVICES TO CERTAIN MEDICAID RECIPIENTS THROUGH MEDICAID MANAGED CARE ORGANIZATION. (a) In this section:

(1) "Nonemergency transportation service" has the meaning assigned by Section 531.02414.

(2) "Nonmedical transportation service" and "transportation network company" have the meanings assigned by Section 533.00258.

(b) The commission shall require each Medicaid managed care organization to arrange and provide nonemergency transportation services to a recipient enrolled in a managed care plan offered by the organization using the most cost-effective and cost-efficient method of delivery, including by delivering nonmedical transportation services through a transportation network company or other transportation vendor as provided by Section 533.002581, if available and medically appropriate. The commission shall supervise the provision of the services.

(1) rules applicable to the provision of nonemergency medical transportation services by a Medicaid managed care organization that impose the same standards and requirements as those adopted under Section 531.02414(e); and

(2) other rules as necessary to ensure the safe and efficient provision of nonemergency transportation services by a Medicaid managed care organization under this section.

(d) A Medicaid managed care organization may subcontract with a transportation network company to provide nonemergency transportation services under this section. A rule or other requirement adopted by the executive commissioner under Subsection (c) or Section 531.02414 does not apply to the subcontracted transportation network company or a motor vehicle operator who is part of the company's network. The commission or the Medicaid managed care organization may not require a motor vehicle operator who is part of the subcontracted transportation network company's network to enroll as a Medicaid provider to provide services under this section.

(e) The commission or a Medicaid managed care organization that subcontracts with a transportation network company under Subsection (d) may require the transportation network company or a motor vehicle operator who provides services under this section to be periodically screened against the list of excluded individuals and entities maintained by the Office of Inspector General of the United States Department of Health and Human Services.

(f) Notwithstanding any other law, a motor vehicle operator who is part of the network of a transportation network company that subcontracts with a Medicaid managed care organization under Subsection (d) and who satisfies the driver requirements in Section 2402.107, Occupations Code, is qualified to provide services under this section. The commission and the Medicaid managed care organization may not impose any additional requirements on a motor vehicle operator who satisfies the driver requirements in Section 2402.107, Occupations Code, to provide services under this section.

(g) For purposes of this section and notwithstanding Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle operator who provides services under this section may use a wheelchair-accessible vehicle equipped with a lift or ramp that is capable of transporting passengers using a fixed-frame wheelchair in the cabin of the vehicle if the vehicle otherwise meets the requirements of Section 2402.111, Occupations Code.

(h) The commission may temporarily waive the applicability of Subsection (b) to a Medicaid managed care organization as necessary based on the results of a review conducted under Section 533.007 and until enrollment of recipients in a managed care plan offered by the organization is permitted under that section.

(i) The commission shall extend a contract for the provision of nonemergency transportation services under Section 533.00257 or other law as necessary until the requirements of this section are implemented with respect to each Medicaid managed care organization. This subsection expires September 1, 2023.

Sec. 533.00258. NONMEDICAL TRANSPORTATION SERVICES UNDER MEDICAID MANAGED CARE PROGRAM. (a) In this section:

(1) "Nonmedical transportation service" means:

(A) curb-to-curb transportation to or from a medically necessary, nonemergency covered health care service in a standard passenger vehicle that is scheduled not more than 48 hours before the transportation occurs, that is provided to a recipient enrolled in a managed care plan offered by a Medicaid managed care organization, and that the organization determines meets the level of care that is medically appropriate for the recipient, including transportation related to:

(i) discharge of a recipient from a health care facility;

(ii) receipt of urgent care; and

(iii) obtaining pharmacy services and prescription drugs; and

(B) any other transportation to or from a medically necessary, nonemergency covered health care service the commission considers appropriate to be provided by a transportation vendor, as determined by commission rule or policy.

(2) "Transportation network company" has the meaning assigned by Section 2402.001, Occupations Code.

(3) "Transportation vendor" means an entity, including a transportation network company, that contracts with a Medicaid managed care organization to provide nonmedical transportation services.

(b) The executive commissioner shall adopt rules regarding the manner in which nonmedical transportation services may be arranged and provided.

(1) verify that a passenger is eligible to receive nonmedical transportation services;

(2) ensure that nonmedical transportation services are provided only to and from covered health care services in areas in which a transportation network company operates; and

(3) ensure the timely delivery of nonmedical transportation services to a recipient, including by setting reasonable service response goals.

(d) Before September 1, 2020, and subject to Section 533.002581(h), a rule adopted in accordance with Subsection (c)(3) may not impose a penalty on a Medicaid managed care organization that contracts with a transportation vendor under this section if the vendor is unable to provide nonmedical transportation services to a recipient after the Medicaid managed care organization has made a specific request for those services.

(e) The rules must require a transportation vendor to, before permitting a motor vehicle operator to provide nonmedical transportation services:

(1) confirm that the operator:

(A) is at least 18 years of age;

(B) maintains a valid driver's license issued by this state, another state, or the District of Columbia; and

(C) possesses proof of registration and automobile financial responsibility for each motor vehicle to be used to provide nonmedical transportation services;

(2) conduct, or cause to be conducted, a local, state, and national criminal background check for the operator that includes the use of:

(A) a commercial multistate and multijurisdiction criminal records locator or other similar commercial nationwide database; and

(B) the national sex offender public website maintained by the United States Department of Justice or a successor agency;

(3) confirm that any vehicle to be used to provide nonmedical transportation services:

(A) meets the applicable requirements of Chapter 548, Transportation Code; and

(B) except as provided by Subsection (j), has at least four doors; and

(4) obtain and review the operator's driving record.

(f) The rules may not permit a motor vehicle operator to provide nonmedical transportation services if the operator:

(1) has been convicted in the three-year period preceding the issue date of the driving record obtained under Subsection (e)(4) of:

(A) more than three offenses classified by the Department of Public Safety as moving violations; or

(B) one or more of the following offenses:

(i) fleeing or attempting to elude a police officer under Section 545.421, Transportation Code;

(ii) reckless driving under Section 545.401, Transportation Code;

(iii) driving without a valid driver's license under Section 521.025, Transportation Code; or

(iv) driving with an invalid driver's license under Section 521.457, Transportation Code;

(2) has been convicted in the preceding seven-year period of any of the following:

(A) driving while intoxicated under Section 49.04 or 49.045, Penal Code;

(B) use of a motor vehicle to commit a felony;

(D) fraud;

(E) theft;

(F) an act of violence; or

(G) an act of terrorism; or

(3) is found to be registered in the national sex offender public website maintained by the United States Department of Justice or a successor agency.

(g) The commission may not require:

(1) a motor vehicle operator to enroll as a Medicaid provider to provide nonmedical transportation services; or

(2) a Medicaid managed care organization to credential a motor vehicle operator to provide nonmedical transportation services.

(h) The commission or a Medicaid managed care organization that contracts with a transportation vendor may require the transportation vendor or a motor vehicle operator who provides services under this section to be periodically screened against the list of excluded individuals and entities maintained by the Office of Inspector General of the United States Department of Health and Human Services.

(i) Notwithstanding any other law, a motor vehicle operator who is part of a transportation network company's network and who satisfies the driver requirements in Section 2402.107, Occupations Code, is qualified to provide nonmedical transportation services. The commission and a Medicaid managed care organization may not impose any additional requirements on a motor vehicle operator who satisfies the driver requirements in Section 2402.107, Occupations Code, to provide nonmedical transportation services.

(j) For purposes of this section and notwithstanding Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle operator who provides services under this section may use a wheelchair-accessible vehicle equipped with a lift or ramp that is capable of transporting passengers using a fixed-frame wheelchair in the cabin of the vehicle if the vehicle otherwise meets the requirements of Section 2402.111, Occupations Code.

Sec. 533.002581. DELIVERY OF NONMEDICAL TRANSPORTATION SERVICES UNDER MEDICAID MANAGED CARE PROGRAM. (a) In this section, "nonmedical transportation service" and "transportation vendor" have the meanings assigned by Section 533.00258.

(b) The commission shall designate managed care service areas in which to require, beginning not later than January 1, 2020, each Medicaid managed care organization with which the commission has a contract that is anticipated to be in effect on September 1, 2020, and that operates in a designated service area to arrange for the provision of nonmedical transportation services to recipients enrolled in a managed care plan offered by the organization. The commission shall designate at least three, but not more than four, managed care service areas for purposes of this subsection. At least one of the designated service areas must be located in an urban service area, and at least one must be located in a rural service area. This subsection expires September 1, 2021.

(c) The commission shall require each Medicaid managed care organization to arrange for the provision of nonmedical transportation services to recipients enrolled in a managed care plan offered by the organization.

(d) A Medicaid managed care organization may contract with a transportation vendor or other third party to arrange for the provision of nonmedical transportation services. If a Medicaid managed care organization contracts with a third party that is not a transportation vendor to arrange for the provision of nonmedical transportation services, the third party shall contract with a transportation vendor to deliver the nonmedical transportation services.

(e) A Medicaid managed care organization that contracts with a transportation vendor or other third party to arrange for the provision of nonmedical transportation services shall ensure the effective sharing and integration of service coordination, service authorization, and utilization management data between the managed care organization and the transportation vendor or third party.

(f) A Medicaid managed care organization may not require:

(1) a motor vehicle operator to enroll as a Medicaid provider to provide nonmedical transportation services; or

(2) the credentialing of a motor vehicle operator to provide nonmedical transportation services.

(h) The commission may waive the applicability of Subsection (c) to a Medicaid managed care organization for not more than three months as necessary based on the results of a review conducted under Section 533.007 and until enrollment of recipients in a managed care plan offered by the organization is permitted under that section.

SECTION ____. Section 533.00257(i), Government Code, is repealed.

SECTION ____. Notwithstanding Sections 533.002571(b) and 533.002581(c), Government Code, as added by this Act, the Health and Human Services Commission is not required to implement those subsections until September 1, 2020.

SECTION ____. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to implement Sections 531.02414 and 533.00257, Government Code, as amended by this Act, and Sections 533.002571, 533.00258, and 533.002581, Government Code, as added by this Act.

Amendment No. 1 was adopted.

SB 1105, as amended, was passed by (Record 1672): 140 Yeas, 4 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; 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; 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 — Cain; Hunter; Schaefer; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Middleton.

STATEMENT OF VOTE

When Record No. 1672 was taken, I was in the house but away from my desk. I would have voted yes.

Middleton

SB 2150 ON THIRD 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.

SB 2150 was passed by (Record 1673): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Absent — Farrar.

SB 1184 ON THIRD 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 by (Record 1674): 144 Yeas, 1 Nays, 1 Present, not voting.

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

SB 2104 ON THIRD 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.

Amendment No. 1

Representative Miller offered the following amendment to SB 2104:

Amend SB 2104 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____. Section 434.017(c), Government Code, is amended to read as follows:

(c) Money in the fund may only be appropriated to the Texas Veterans Commission. Money appropriated under this subsection shall be used to:

(1) make grants to address veterans' needs;

(2) make grants to provide pro bono legal services to veterans, active duty members of the United States armed forces, and members of the state military forces;

(3) administer the fund; and

(4) [~~(3)~~] analyze and investigate data received from the federal Public Assistance Reporting Information System (PARIS) that is administered by the Administration for Children and Families of the United States Department of Health and Human Services.

SECTION ____. Section 434.0171, Government Code, is amended to read as follows:

Sec. 434.0171. STATE EMPLOYEE CONTRIBUTIONS TO FUND FOR VETERANS' ASSISTANCE. For purposes of Subchapter I, Chapter 659:

(1) the Texas Veterans Commission, for the sole purpose of managing the fund for veterans' assistance, is considered an eligible charitable organization entitled to participate in the state employee charitable campaign; and

(2) a state employee is entitled to authorize a deduction for contributions to the Texas Veterans Commission for the purposes of managing the fund for veterans' assistance as a charitable contribution under Section 659.132, and the Texas Veterans Commission may use the contributions for the purposes listed in Section 434.017(c)[~~, as redesignated and amended by Chapter 1418~~ (HB3107~~), Acts of the 80th Legislature, Regular Session, 2007~~].

SECTION ____. Section 434.154(a), Government Code, is amended to read as follows:

(a) The council may, by majority vote, establish the following coordinating workgroups to focus on specific issues affecting veterans, servicemembers, and their families:

(1) health;

(2) mental health;

(3) employment;

(4) higher education;

(5) criminal justice;

(6) housing;

(7) transportation;

(8) women veterans;

(9) pro bono legal services for veterans, including opportunities and obstacles for providing those services; and

(10) [~~(9)~~] any other coordinating workgroup considered necessary.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Harless offered the following amendment to SB 2104:

Amend SB 2104 on third reading as follows:

(1) Strike SECTION 2 of the bill (page 3, line 10) and substitute the following:

SECTION 2. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2019.

(b) Section 54.241, Education Code, as amended by this Act, takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, Section 54.241, Education Code, as amended by this Act, takes effect September 1, 2019.

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

SECTION ____. Section 54.241(g), Education Code, is amended to read as follows:

(g) If a member of the Armed Forces of the United States is stationed outside Texas, an [and the member's spouse or child establishes residence in Texas by residing in Texas and by filing with the Texas institution of higher education at which the spouse or child plans to register a letter of intent to establish residence in Texas, the] institution of higher education shall:

(1) permit the member's spouse or child to pay the tuition, fees, and other charges provided for Texas residents without regard to the length of time that the spouse or child has resided in Texas if the spouse or child establishes residence in Texas by residing in Texas and by filing with the Texas institution of higher education at which the spouse or child plans to register a letter of intent to establish residence in Texas; and

(2) permit the member's spouse to pay the tuition, fees, and other charges provided for Texas residents if the spouse:

(A) graduated from a public or private high school in this state or received the equivalent of a high school diploma in this state; and

(B) maintained a domicile in this state continuously for at least one year before the member was assigned to duty outside Texas.

SECTION ____. Section 54.241, Education Code, as amended by this Act, applies beginning with tuition and fees charged for the 2019 fall semester.

Amendment No. 2 was adopted.

SB 2104, as amended, was passed by (Record 1675): 142 Yeas, 1 Nays, 1 Present, not voting.

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

Absent — Frank; Frullo.

STATEMENT OF VOTE

When Record No. 1675 was taken, my vote failed to register. I would have voted yes.

Frullo

SB 1303 ON THIRD 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 by (Record 1676): 139 Yeas, 6 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; 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; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Canales; Minjarez; Ramos; Romero; Rose; Thierry.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

STATEMENTS OF VOTE

When Record No. 1676 was taken, I was shown voting no. I intended to vote yes.

Minjarez

When Record No. 1676 was taken, I was shown voting yes. I intended to vote no.

Morales

SB 2117 ON THIRD READING
(Bohac - House Sponsor)

SB 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 SB 2117:

Amend SB 2117 on third reading by striking the amendment by Sanford, adopted on second reading, amending Chapter 39, Education Code, by adding Subchapter O.

Amendment No. 1 was adopted.

SB 2117, as amended, was passed by (Record 1677): 103 Yeas, 37 Nays, 1 Present, not voting.

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

Nays — Allen; Anchia; Beckley; Blanco; Bucy; Coleman; Collier; Davis, Y.; Dominguez; Farrar; González, J.; González, M.; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.E.; Lopez; Martinez; Martinez Fischer; Meza; Moody; Morales; Neave; Ortega; Ramos; Reynolds; Rodriguez; Romero; Rose; Sherman; Thierry; Turner, C.; Turner, J.; Walle; Wu.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Button; Cain; Dutton; Rosenthal; Talarico.

STATEMENTS OF VOTE

When Record No. 1677 was taken, I was shown voting yes. I intended to vote no.

Bowers

When Record No. 1677 was taken, I was shown voting no. I intended to vote yes.

Bucy

When Record No. 1677 was taken, I was in the house but away from my desk. I would have voted yes.

Cain

When Record No. 1677 was taken, I was shown voting yes. I intended to vote no.

Calanni

When Record No. 1677 was taken, I was shown voting yes. I intended to vote no.

Fierro

When Record No. 1677 was taken, I was shown voting yes. I intended to vote no.

Goodwin

When Record No. 1677 was taken, I was in the house but away from my desk. I would have voted no.

Rosenthal

When Record No. 1677 was taken, my vote failed to register. I would have voted yes.

Talarico

When Record No. 1677 was taken, I was shown voting no. I intended to vote yes.

J. Turner

When Record No. 1677 was taken, I was shown voting no. I intended to vote yes.

SB 1404 ON THIRD 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 by (Record 1678): 144 Yeas, 1 Nays, 1 Present, not voting.

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

SB 1504 ON THIRD 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.

SB 1504 was passed by (Record 1679): 137 Yeas, 7 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; 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; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; 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.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Cain; Middleton; Murr; Oliverson; Schaefer; Stickland; Tinderholt.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Calanni.

STATEMENTS OF VOTE

When Record No. 1679 was taken, I was in the house but away from my desk. I would have voted yes.

Calanni

When Record No. 1679 was taken, I was shown voting yes. I intended to vote no.

Wilson

SB 1572 ON THIRD READING
(Button - House Sponsor)

SB 1572, A bill to be entitled An Act relating to municipal registration of vacant buildings in certain municipalities.

SB 1572 - POINT OF ORDER

Representative Cain raised a point of order against further consideration of SB 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.

(Speaker pro tempore in the chair)

The point of order was withdrawn.

Representative Button moved to postpone consideration of SB 1572 until the end of the third reading calendar.

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. 1).

(Speaker in the chair)

GENERAL STATE CALENDAR
(consideration continued)

SB 372 ON THIRD 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 Sanford offered the following amendment to SB 372:

Amend SB 372 on third reading by striking the added SECTIONS of the amendment by Sanford, adopted on second reading, as follows:

(1) the SECTION amending Sections 37.0811(c), (d), and (e), Education Code;

(2) the SECTION amending Sections 37.0813(c), (d), and (e), Education Code;

(3) the SECTION amending Sections 51.220(d), (e), and (f), Education Code; and

(4) the SECTION adding transition language regarding amended Sections 37.0811(c), (d), and (e), 37.0813(c), (d), and (e), and 51.220(d), (e), and (f), Education Code.

Amendment No. 1 was adopted.

SB 372, as amended, was passed by (Record 1680): 121 Yeas, 20 Nays, 1 Present, not voting.

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

Nays — Allen; Bowers; Calanni; Collier; Davis, Y.; Dominguez; González, J.; González, M.; Israel; Johnson, J.E.; Lopez; Martinez Fischer; Meza; Minjarez; Morales; Ramos; Reynolds; Rose; Thierry; Walle.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Blanco; Coleman; Rodriguez; White.

STATEMENTS OF VOTE

When Record No. 1680 was taken, I was shown voting yes. I intended to vote no.

Muñoz

When Record No. 1680 was taken, my vote failed to register. I would have voted no.

Rodriguez

POSTPONED BUSINESS

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

SB 8 ON THIRD READING
(Larson - House Sponsor)

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

SB 8 was read third time on May 17, postponed until May 20, and was again postponed until 9 a.m. today.

Representative Larson moved to postpone consideration of SB 8 until 5 p.m. today.

The motion prevailed.

SB 1676 ON THIRD 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.

SB 1676 was read third time earlier today and was postponed until this time.

Representative Dutton moved to postpone consideration of SB 1676 until 5:30 p.m. today.

The motion prevailed.

SB 1572 ON THIRD READING
(Button - House Sponsor)

SB 1572, A bill to be entitled An Act relating to municipal registration of vacant buildings in certain municipalities.

SB 1572 was read third time earlier today and was postponed until this time.

Representative Button moved to postpone consideration of SB 1572 until 5:25 p.m. today.

The motion prevailed.

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. 35).

PROVIDING FOR A CONGRATULATORY
AND MEMORIAL CALENDAR

Representative Guillen moved to set a congratulatory and memorial calendar for 10 a.m. Friday, May 24.

The motion prevailed.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

Resolutions Calendars, upon adjournment today, 3W.15, for a formal meeting, to consider a calendar.

HB 1442 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Paddie called up with senate amendments for consideration at this time,

HB 1442, A bill to be entitled An Act relating to the continuation and functions of the Office of Consumer Credit Commissioner and the licensing and registration of persons regulated by that state agency.

Representative Paddie moved to concur in the senate amendments to HB 1442.

The motion to concur in the senate amendments to HB 1442 prevailed by (Record 1681): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Absent — Johnson, J.D.

Senate Committee Substitute

CSHB 1442, A bill to be entitled An Act relating to the continuation and functions of the Office of Consumer Credit Commissioner, the licensing and registration of persons regulated by that state agency, and certain consumer financial transactions regulated by that state agency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.305(a), Finance Code, is amended to read as follows:

(a) The [~~finance commission shall instruct the~~] consumer credit commissioner shall [to] establish a program to address alternatives to high-cost lending in this state. The program shall:

(1) study and report on [~~the problem of~~] high-cost lending, including [~~without limitation~~] the availability, quality, and prices of financial services[~~, including lending and depository services,~~] offered in this state to [~~agricultural businesses, small businesses, and~~] individual consumers in this state; and

(2) evaluate alternatives to high-cost lending and the practices of business entities in this state that provide financial services to [~~agricultural businesses, small businesses, and~~] individual consumers in this state[;

[~~(3) develop models to provide lower-cost alternatives to assist borrowers who contract for high-cost loans; and~~

[(4) track the location of lenders who enter into loan contracts providing for an interest charge authorized by Section 342.201, map the location of the lenders by senatorial district and by any other appropriate areas, provide other demographic information relating to the loans and the location of the lenders, and provide information on the changes in the distribution of the lenders from 1997 ~~through the date of the report~~].

SECTION 2. Section 14.059(b), Finance Code, is amended to read as follows:

(b) The program must require intra-agency posting of all nonentry level positions concurrently with any [~~for at least 10~~ ~~days before~~] public posting.

SECTION 3. Section 14.062, Finance Code, is amended to read as follows:

Sec. 14.062. CONSUMER INFORMATION AND COMPLAINTS. (a) The office shall maintain a system to promptly and efficiently act on complaints [~~file on each written complaint~~] filed with the office. The office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition [~~The file must include:~~

[~~(1)~~ ~~the name of the person who filed the complaint;~~

[~~(2)~~ ~~the date the complaint is received by the office;~~

[~~(3)~~ ~~the subject matter of the complaint;~~

[~~(4)~~ ~~the name of each person contacted in relation to the complaint;~~

[~~(5)~~ ~~a summary of the results of the review or investigation of the complaint; and~~

[~~(6)~~ ~~an explanation of the reason the file was closed, if the office closed the file without taking action other than to investigate the complaint~~].

(b) The office shall make information available describing its procedures for [~~provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the office's policies and procedures relating to~~] complaint investigation and resolution.

(c) The office[~~, at least quarterly until final disposition of the complaint,~~] shall periodically notify the complaint parties [~~person filing the complaint and each person who is a subject of the complaint~~] of the status of the complaint until final disposition [~~investigation unless the notice would jeopardize an undercover investigation~~].

SECTION 4. Section 14.066, Finance Code, is amended to read as follows:

Sec. 14.066. SUNSET PROVISION. The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2031 [~~2019~~].

SECTION 5. Section 14.107(b), Finance Code, is amended to read as follows:

(b) The finance commission by rule shall set the fees for licensing and examination, as applicable, under Chapter 393 with respect to a credit access business or Chapter 342, 347, 348, 351, 353, or 371 at amounts or rates necessary to recover the costs of administering those chapters. The rules may provide that the amount of a fee charged to a license holder is based on the volume of the license holder's regulated business and other key factors. The commissioner may provide for collection of a single [~~annual~~] fee for the term of the license from a person licensed under Subchapter G of Chapter 393 or Chapter 342, 347, 348, 351, or 371. The fee must [to] include amounts due for both licensing and examination.

SECTION 6. Subchapter C, Chapter 14, Finance Code, is amended by adding Sections 14.110, 14.111, and 14.112 to read as follows:

Sec. 14.110. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION. (a) The finance commission by rule shall develop a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of rules by the finance commission applicable to the office; and

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the office's jurisdiction.

(b) The procedures applicable to the office relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under Subsection (a);

(2) provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures.

Sec. 14.111. ADVISORY COMMITTEES. (a) The commissioner may appoint advisory committees to assist the office and commissioner in performing their duties.

(b) The commissioner shall specify each committee's purpose, powers, and duties and shall require each committee to report to the commissioner or office in the manner specified by the commissioner concerning the committee's activities and the results of its work.

Sec. 14.112. LICENSING AND REGISTRATION TERMS. (a) The finance commission by rule shall prescribe the licensing or registration period for licenses and registrations issued under Chapters 342, 345, 347, 348, 351, 352, 353, 371, 393, and 394 of this code and Chapter 1956, Occupations Code, not to exceed two years.

(b) In adopting rules under Subsection (a), the finance commission shall set terms for licenses that comply with Chapter 180 and the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Pub. L. No. 110-289).

(c) If the finance commission prescribes the term of a license or registration under Subsection (a) for a period other than one year, the commissioner shall prorate the applicable fee required under a chapter specified in Subsection (a) as necessary to reflect the term of the license or registration.

SECTION 7. Section 14.201, Finance Code, is amended to read as follows:

Sec. 14.201. INVESTIGATION AND ENFORCEMENT AUTHORITY. Investigative and enforcement authority under this subchapter applies only to:

(1) this chapter;

(2) [,] Subtitles B and C, [of] Title 4;

(3) [,] Chapter 393 with respect to a credit access business;

(4) [~~, and~~] Chapter 394; and

(5) Subchapter B, Chapter 1956, Occupations Code.

SECTION 8. Section 14.2015, Finance Code, is amended to read as follows:

Sec. 14.2015. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Except as provided by Subsection (b), information or material obtained or compiled by the commissioner in relation to an examination or investigation by the commissioner or the commissioner's representative of a license holder, registrant, applicant, or other person under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or Chapter 394 of this code or Subchapter B, Chapter 1956, Occupations Code, is confidential and may not be disclosed by the commissioner or an officer or employee of the office [~~Office of Consumer Credit Commissioner~~], including:

(1) information obtained from a license holder, registrant, applicant, or other person examined or investigated under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or Chapter 394 of this code or Subchapter B, Chapter 1956, Occupations Code;

(2) work performed by the commissioner or the commissioner's representative on information obtained from a license holder, registrant, applicant, or other person for the purposes of an examination or investigation conducted under Subtitle B or C, Title 4, Chapter 393 with respect to a credit access business, or Chapter 394 of this code or Subchapter B, Chapter 1956, Occupations Code;

(3) a report on an examination or investigation of a license holder, registrant, applicant, or other person conducted under Subtitle B or C, Title 4, Chapter 393 with respect to a credit access business, or Chapter 394 of this code or Subchapter B, Chapter 1956, Occupations Code; and

(4) any written communications between the license holder, registrant, applicant, or other person, as applicable, and the commissioner or the commissioner's representative relating to or referencing an examination or investigation conducted under Subtitle B or C, Title 4, Chapter 393 with respect to a credit access business, or Chapter 394 of this code or Subchapter B, Chapter 1956, Occupations Code.

(b) The commissioner or the commissioner's representative may disclose the confidential information or material described by Subsection (a):

(1) to a department, agency, or instrumentality of this state or the United States if the commissioner considers disclosure to be necessary or proper to the enforcement of the laws of this state or the United States and in the best interest of the public;

(2) if the information was previously provided to or provided by the license holder, registrant, applicant, or other person, and the person consents to the release of the information or has published the information contained in the release; [or]

(3) if the commissioner determines that release of the information is required for an administrative hearing; or

(4) to provide a summary of investigation information to the person who filed the complaint with the office.

SECTION 9. Section 14.202, Finance Code, is amended to read as follows:

Sec. 14.202. REQUEST FOR INFORMATION; INVESTIGATION AUTHORITY [~~FAILURE TO COMPLY~~]. [~~(a)~~] On receipt of a written complaint or other reasonable cause to believe that a person is violating a statute listed by Section 14.201, the commissioner may:

(1) require the person to furnish information regarding a specific loan, retail transaction, or business practice to which the violation relates; and[.]

(2) [~~(b) If a person fails to furnish the information requested by the commissioner, the commissioner may~~] conduct an investigation to determine whether a violation exists.

SECTION 10. Sections 14.208(a) and (b), Finance Code, are amended to read as follows:

(a) If the commissioner has reasonable cause to believe that a person is violating a statute to which this chapter applies, the commissioner, in addition to any other authorized action, may issue an order to cease and desist from the violation or an order to take affirmative action, or both, to enforce compliance. [~~A person may appeal the order to the finance commission as provided by Subsection (d) or directly to district court in accordance with Chapter 2001, Government Code.~~]

(b) If a person against whom an order under this section is made requests a hearing not later than the 30th day after the date the order is served, the commissioner shall set and give notice of a hearing before a hearings officer. [~~The hearing is governed by~~] Chapter 2001, Government Code, governs the hearing and the right to judicial review in district court. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the commissioner by order may find whether a violation has occurred.

SECTION 11. Section 14.251(b), Finance Code, is amended to read as follows:

(b) The commissioner may order the following businesses or other persons [a person who violates or causes a violation of this chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted under this chapter, Chapter 394, or Subtitle B, Title 4, or a credit access business who violates or causes a violation of Chapter 393 ~~or a rule adopted under Chapter 393,~~] to pay [~~make~~] restitution to an identifiable person:

(1) a person who violates or causes a violation of this chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted under this chapter, Chapter 394, or Subtitle B, Title 4;

(2) a credit access business who violates or causes a violation of Chapter 393 or a rule adopted under Chapter 393; or

(3) a person who violates or causes a violation of Subchapter B, Chapter 1956, Occupations Code, or a rule adopted under that subchapter [~~injured by the violation~~].

SECTION 12. Section 14.256, Finance Code, is amended to read as follows:

Sec. 14.256. ACCEPTANCE OF PENALTY; DEFAULT. If a person accepts the determination and recommended penalty of the commissioner or fails to make a timely written request for a hearing, the commissioner by order shall approve the determination and impose the recommended penalty.

SECTION 13. Section 14.257(a), Finance Code, is amended to read as follows:

(a) If a person makes a timely written request for [~~requests~~] a hearing [~~or fails to give a timely response to the notice~~], the commissioner shall set a hearing and give notice of the hearing to the person by certified mail.

SECTION 14. Section 342.005, Finance Code, is amended to read as follows:

Sec. 342.005. APPLICABILITY OF CHAPTER. Except as provided by Sections 302.001(d) and 342.004(c), a loan is subject to this chapter if the loan:

(1) provides for interest in excess of 10 percent a year;

(2) is extended primarily for personal, family, or household use to a person who is located in this state at the time the loan is made;

(3) is made by a person engaged in the business of making, arranging, or negotiating those types of loans; and

(4) either:

(A) is not secured by a lien on real property; or

(B) is described by Section 342.001(4), 342.301, or 342.456 and is predominantly payable in monthly installments.

SECTION 15. Section 342.0515(c), Finance Code, is amended to read as follows:

(c) Subject to Section 14.112, the [~~The~~] finance commission shall adopt rules establishing procedures for issuing, renewing, and enforcing an individual license under this section. In adopting rules under this subsection, the finance commission shall ensure that:

(1) the minimum eligibility requirements for issuance of an individual license are the same as the requirements of Section 180.055;

(2) the minimum eligibility requirements for renewal of an individual license are the same as the requirements of Section 180.059; and

(3) the applicant pays:

(A) an investigation fee in a reasonable amount determined by the commissioner; and

(B) a [~~an annual~~] license fee in an amount determined as provided by Section 14.107.

SECTION 16. The heading to Section 342.053, Finance Code, is amended to read as follows:

Sec. 342.053. AREA OF BUSINESS; LOANS BY MAIL OR ONLINE.

SECTION 17. Section 342.053(b), Finance Code, is amended to read as follows:

(b) A lender may make, negotiate, arrange, and collect loans by mail or online from a licensed office.

SECTION 18. Section 342.101(c), Finance Code, is amended to read as follows:

(c) On the filing of each license application, the applicant shall pay to the commissioner [~~for the license's year of issuance~~] a license fee in an amount determined as provided by Section 14.107.

SECTION 19. Section 342.102(c), Finance Code, is amended to read as follows:

(1) the license holder's faithful performance under this chapter and rules adopted under this chapter; and

(2) the payment of all amounts that become due to the state or another person under this chapter during the period [~~calendar year~~] for which the bond is given.

SECTION 20. Subchapter C, Chapter 342, Finance Code, is amended by adding Section 342.106 to read as follows:

Sec. 342.106. LICENSE TERM. A license issued under this chapter is valid for the period prescribed by finance commission rule adopted under Section 14.112.

SECTION 21. Section 342.154, Finance Code, is amended to read as follows:

Sec. 342.154. [~~ANNUAL~~] LICENSE FEE. Not later than 30 days before the date the license expires [~~December 1~~], a license holder shall pay to the commissioner for each license held a [~~an annual~~] fee [~~for the year beginning the next January 1,~~] in an amount determined as provided by Section 14.107.

SECTION 22. Section 342.155, Finance Code, is amended to read as follows:

Sec. 342.155. EXPIRATION OF LICENSE ON FAILURE TO PAY [~~ANNUAL~~] FEE. If the [~~annual~~] fee for a license is not paid before the 16th day after the date on which the written notice of delinquency of payment has been given to the license holder, the license expires on [~~the later of:~~

[~~(1)~~] that day[~~; or~~

[~~(2)~~ ~~December 31 of the last year for which an annual fee was paid~~].

SECTION 23. Subchapter D, Chapter 342, Finance Code, is amended by adding Section 342.1555 to read as follows:

Sec. 342.1555. GROUNDS FOR REFUSING RENEWAL. The commissioner may refuse to renew the license of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 24. Section 342.156, Finance Code, is amended to read as follows:

Sec. 342.156. LICENSE SUSPENSION OR REVOCATION. After notice and opportunity for a hearing, the commissioner may suspend or revoke a license if the commissioner finds that:

(1) the license holder failed to pay the [~~annual~~] license fee, an examination fee, an investigation fee, or another charge imposed by the commissioner under this chapter;

(2) the license holder, knowingly or without the exercise of due care, violated this chapter or a rule adopted or order issued under this chapter;

(3) a fact or condition exists that, if it had existed or had been known to exist at the time of the original application for the license, clearly would have justified the commissioner's denial of the application; or

(4) the license holder has failed to ensure that an individual acting as a residential mortgage loan originator, as defined by Section 180.002, in the making, transacting, or negotiating of a loan subject to this chapter is licensed under this chapter in accordance with Section 342.0515.

SECTION 25. Section 343.002, Finance Code, is amended to read as follows:

Sec. 343.002. APPLICABILITY. (a) This chapter applies to a loan under this chapter that is extended to a person who is located in this state at the time the loan is made.

(b) This chapter does not apply to:

(1) a reverse mortgage; or

(2) an open-end account, as defined by Section 301.002.

SECTION 26. Section 345.007, Finance Code, is amended by adding Subsection (d) to read as follows:

(d) This chapter applies to a retail installment transaction extended to a person who is located in this state at the time the transaction is entered into.

SECTION 27. Section 345.157(d), Finance Code, is amended to read as follows:

(d) The holder shall remit 50 cents of each delinquency charge in excess of $10 collected under this section to the comptroller, in the time and manner established by the comptroller, for deposit to the credit of an account in the general revenue fund. One-half of the money in the account may be appropriated only to finance research conducted by the commissioner [~~finance commission~~] under Section 11.305 and the other one-half of the money in the account may be appropriated only to finance educational activities and counseling services under Section 394.001.

SECTION 28. Section 345.351, Finance Code, is amended to read as follows:

Sec. 345.351. REGISTRATION OF HOLDER. (a) A holder who is not an authorized lender under Chapter 342 or a credit union shall:

(1) register with the Office of Consumer Credit Commissioner; and

(2) pay a [~~an annual~~] fee of $10 for each location at which a retail installment transaction is originated, serviced, or collected.

(b) Subject to Section 14.112, the [~~The~~] finance commission by rule may establish procedures to facilitate the registration and collection of fees under this section[~~, including rules staggering throughout the year the dates on which fees are due~~].

(c) A registration issued under this section is valid for the period prescribed by finance commission rule adopted under Section 14.112.

(d) The commissioner may refuse to renew the registration of a holder who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 29. Section 346.004(a), Finance Code, is amended to read as follows:

(a) Unless the contract for the account provides otherwise, this chapter applies to a revolving credit account described by Section 346.003 if the loan or extension of credit is extended primarily for personal, family, or household use to a person who is located in this state at the time the loan is made or the extension of credit is entered into.

SECTION 30. Subchapter A, Chapter 347, Finance Code, is amended by adding Section 347.008 to read as follows:

Sec. 347.008. APPLICABILITY. Each credit transaction extended to a person who is located in this state at the time the transaction is entered into is subject to this chapter.

SECTION 31. Section 347.451, Finance Code, is amended by amending Subsections (a), (b), and (d) and adding Subsections (a-1) and (e) to read as follows:

(a) A creditor who is not an authorized lender under Chapter 342 or a credit union shall:

(1) register with the Office of Consumer Credit Commissioner; and

(2) pay a [~~an annual~~] fee of $15 for each location at which a credit transaction is originated, serviced, or collected.

(a-1) A registration issued under this section is valid for the period prescribed by finance commission rule adopted under Section 14.112.

(d) A creditor shall file the registration renewal and pay the [~~annual~~] registration fee to the commissioner not later than the 30th day after the date on which the creditor receives the notice under Subsection (c).

(e) The commissioner may refuse to renew the registration of a creditor who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 32. Section 347.4515, Finance Code, is amended by adding Subsections (a-1) and (e) and amending Subsection (c) to read as follows:

(a-1) A license issued under this section is valid for the period prescribed by finance commission rule adopted under Section 14.112.

(1) the minimum eligibility requirements for issuance of an individual license are the same as the requirements of Section 180.055;

(2) the minimum eligibility requirements for renewal of an individual license are the same as the requirements of Section 180.059; and

(3) the applicant pays:

(A) an investigation fee in a reasonable amount determined by the commissioner; and

(B) a [~~an annual~~] license fee in an amount determined as provided by Section 14.107.

(e) The commissioner may refuse to renew the license of an individual described by Subsection (b) who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 33. Section 348.007(a), Finance Code, is amended to read as follows:

(a) Except as otherwise provided by this section, each retail installment transaction extended to a person who is located in this state at the time the transaction is entered into is subject to this chapter.

SECTION 34. Section 348.5015(c), Finance Code, is amended to read as follows:

(c) Subject to Section 14.112, the [~~The~~] finance commission shall adopt rules establishing procedures for applying for issuing, renewing, and enforcing a license under this section. In adopting rules under this subsection, the finance commission shall ensure that:

(1) the minimum eligibility requirements for issuance of a license are the same as the requirements of Section 180.055;

(2) the minimum eligibility requirements for renewal of a license are the same as the requirements of Section 180.059; and

(3) the applicant pays:

(A) an investigation fee in a reasonable amount determined by the commissioner; and

(B) a [~~an annual~~] license fee in an amount determined as provided by Section 14.107.

SECTION 35. Section 348.502(b), Finance Code, is amended to read as follows:

(b) On the filing of a license application, the applicant shall pay to the commissioner:

(1) an investigation fee not to exceed $200; and

(2) [~~for the license's year of issuance,~~] a license fee in an amount determined as provided by Section 14.107.

SECTION 36. Subchapter F, Chapter 348, Finance Code, is amended by adding Section 348.5055 to read as follows:

Sec. 348.5055. LICENSE TERM. A license issued under this chapter is valid for the period prescribed by finance commission rule adopted under Section 14.112.

SECTION 37. Section 348.506, Finance Code, is amended to read as follows:

Sec. 348.506. [~~ANNUAL~~] LICENSE FEE. Not later than the 30th day before the date the license expires [~~December 1~~], a license holder shall pay to the commissioner for each license held a [~~an annual~~] fee [~~for the year beginning the next January 1,~~] in an amount determined as provided by Section 14.107.

SECTION 38. Subchapter F, Chapter 348, Finance Code, is amended by adding Section 348.5065 to read as follows:

Sec. 348.5065. GROUNDS FOR REFUSAL TO RENEW. The commissioner may refuse to renew the license of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 39. Section 348.507, Finance Code, is amended to read as follows:

Sec. 348.507. EXPIRATION OF LICENSE ON FAILURE TO PAY [~~ANNUAL~~] FEE. If the [~~annual~~] fee for a license is not paid before the 16th day after the date on which the written notice of delinquency of payment has been given to the license holder, the license expires on [~~the later of:~~

[~~(1)~~] that day[~~; or~~

[~~(2)~~ ~~December 31 of the last year for which an annual fee was paid~~].

SECTION 40. Section 348.508, Finance Code, is amended to read as follows:

Sec. 348.508. LICENSE SUSPENSION OR REVOCATION. After notice and opportunity for a hearing, the commissioner may suspend or revoke a license if the commissioner finds that:

(1) the license holder failed to pay the [~~annual~~] license fee, an examination fee, an investigation fee, or another charge imposed by the commissioner;

(2) the license holder, knowingly or without the exercise of due care, violated this chapter or a rule adopted or order issued under this chapter; or

SECTION 41. Section 349.301, Finance Code, is amended to read as follows:

Sec. 349.301. PAYMENT OF FEES. A person who registers or obtains or renews a license under this title after the date on which the person was required to register or to obtain or renew the license may limit the person's liability as provided by this subchapter by paying to the commissioner:

(1) all prior registration or license fees that the person should have paid under this title [~~for prior years~~]; and

(2) except as provided by Section 349.302(a), a late filing fee as provided by this subchapter.

SECTION 42. Subchapter A, Chapter 351, Finance Code, is amended by adding Section 351.012 to read as follows:

Sec. 351.012. APPLICABILITY OF CHAPTER. This chapter applies to a property tax loan that is extended to a person for payment of property taxes on real property located in this state.

SECTION 43. Section 351.0515(c), Finance Code, is amended to read as follows:

(1) the minimum eligibility requirements for issuance of an individual license are the same as the requirements of Section 180.055;

(2) the minimum eligibility requirements for renewal of an individual license are the same as the requirements of Section 180.059; and

(3) the applicant pays:

(A) an investigation fee in a reasonable amount determined by the commissioner; and

(B) a [~~an annual~~] license fee in an amount determined as provided by Section 14.107.

SECTION 44. The heading to Section 351.053, Finance Code, is amended to read as follows:

Sec. 351.053. AREA OF BUSINESS; PROPERTY TAX LOANS BY MAIL OR ONLINE.

SECTION 45. Section 351.053(b), Finance Code, is amended to read as follows:

(b) A property tax lender may make, negotiate, arrange, and collect property tax loans by mail or online from a licensed office.

SECTION 46. Section 351.101(c), Finance Code, is amended to read as follows:

SECTION 47. Section 351.102(c), Finance Code, is amended to read as follows:

(1) the license holder's faithful performance under this chapter and rules adopted under this chapter; and

(2) the payment of all amounts that become due to the state or another person under this chapter during the period [~~calendar year~~] for which the bond is given.

SECTION 48. Subchapter C, Chapter 351, Finance Code, is amended by adding Section 351.106 to read as follows:

Sec. 351.106. LICENSE TERM. A license issued under this chapter is valid for the period prescribed by finance commission rule adopted under Section 14.112.

SECTION 49. Subchapter D, Chapter 351, Finance Code, is amended by adding Section 351.1535 to read as follows:

Sec. 351.1535. GROUNDS FOR REFUSAL TO RENEW. The commissioner may refuse to renew the license of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 50. Section 351.154, Finance Code, is amended to read as follows:

Sec. 351.154. [~~ANNUAL~~] LICENSE FEE. Not later than the 30th day before the date the license expires [~~December 1~~], a license holder shall pay to the commissioner for each license held a [~~an annual~~] fee [~~for the year beginning the next January 1,~~] in an amount determined as provided by Section 14.107.

SECTION 51. Section 351.155, Finance Code, is amended to read as follows:

Sec. 351.155. EXPIRATION OF LICENSE ON FAILURE TO PAY [~~ANNUAL~~] FEE. If the [~~annual~~] fee for a license is not paid before the 16th day after the date on which the written notice of delinquency of payment has been given to the license holder, the license expires on [~~the later of:~~

[~~(1)~~] that day[~~; or~~

[~~(2)~~ ~~December 31 of the last year for which an annual fee was paid~~].

SECTION 52. Section 351.156, Finance Code, is amended to read as follows:

Sec. 351.156. LICENSE SUSPENSION OR REVOCATION. After notice and opportunity for a hearing, the commissioner may suspend or revoke a license if the commissioner finds that:

(1) the license holder failed to pay the [~~annual~~] license fee, an examination fee, an investigation fee, or another charge imposed by the commissioner under this chapter;

(2) the license holder, knowingly or without the exercise of due care, violated this chapter or Section 32.06 or 32.065, Tax Code, or a rule adopted or an order issued under this chapter or Section 32.06 or 32.065, Tax Code;

(4) the license holder has failed to ensure that an individual acting as a residential mortgage loan originator, as defined by Section 180.002, in the making, transacting, or negotiating of a property tax loan for a principal dwelling is licensed under this chapter in accordance with Section 351.0515.

SECTION 53. Section 352.003, Finance Code, is amended by amending Subsections (a) and (c) and adding Subsections (a-1), (c-1), and (f) to read as follows:

(a) To register as a facilitator, a person must provide to the commissioner[~~, on or before December 31~~ ~~preceding each calendar year in which the person seeks to act as a facilitator~~]:

(1) a list of each location in this state at which e-file providers authorized by the Internal Revenue Service file tax returns on behalf of borrowers for whom the facilitator acts to allow the making of a refund anticipation loan; and

(2) a processing fee for each location included on the list furnished under Subdivision (1).

(a-1) A registration issued under this section is valid for the period prescribed by finance commission rule adopted under Section 14.112.

(c) The finance commission by rule shall establish a deadline for the submission of the information and fee required by Subsection (a) for initial issuance and renewal of registrations under this section.

(c-1) After the applicable [~~December 31~~] deadline for initial or renewal registrations, a facilitator may amend the registration required under Subsection (a) to reflect any change in the information provided by the registration.

(f) The commissioner may refuse to renew the registration of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 54. Section 352.006(b), Finance Code, is amended to read as follows:

(b) If the commissioner proposes to revoke a registration, the facilitator is entitled to notice and an opportunity for a hearing before the commissioner or a hearings officer, who shall propose a decision to the commissioner. The commissioner or hearings officer shall prescribe the time and place of the hearing if the facilitator makes a written request for a hearing not later than the 20th day after the date the facilitator receives the notice of the proposed revocation. The hearing is governed by Chapter 2001, Government Code.

SECTION 55. Chapter 352, Finance Code, is amended by adding Section 352.009 to read as follows:

Sec. 352.009. APPLICABILITY OF CHAPTER. This chapter applies to a refund anticipation loan that is extended to a person who is located in this state at the time the loan is made.

SECTION 56. Section 353.502(b), Finance Code, is amended to read as follows:

(b) On the filing of a license application, the applicant shall pay to the commissioner:

(1) an investigation fee not to exceed $200; and

(2) [~~for the license's year of issuance,~~] a license fee in an amount determined as provided by Section 14.107.

SECTION 57. Subchapter F, Chapter 353, Finance Code, is amended by adding Section 353.5055 to read as follows:

Sec. 353.5055. LICENSE TERM. A license issued under this chapter is valid for the period prescribed by finance commission rule adopted under Section 14.112.

SECTION 58. Section 353.506, Finance Code, is amended to read as follows:

Sec. 353.506. [~~ANNUAL~~] LICENSE FEE. Not later than the 30th day before the date the license expires [~~December 1~~], a license holder shall pay to the commissioner for each license held a [~~an annual~~] fee [~~for the year beginning the next January 1,~~] in an amount determined as provided by Section 14.107.

SECTION 59. Subchapter F, Chapter 353, Finance Code, is amended by adding Section 353.5065 to read as follows:

Sec. 353.5065. GROUNDS FOR REFUSAL OF RENEWAL. The commissioner may refuse to renew the license of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 60. Section 353.507, Finance Code, is amended to read as follows:

Sec. 353.507. EXPIRATION OF LICENSE ON FAILURE TO PAY [~~ANNUAL~~] FEE. If the [~~annual~~] fee for a license is not paid before the 16th day after the date on which the written notice of delinquency of payment has been given to the license holder, the license expires on [~~the later of:~~

[~~(1)~~] that day[~~; or~~

[~~(2)~~ ~~December 31 of the last year for which an annual fee was paid~~].

SECTION 61. Section 353.508, Finance Code, is amended to read as follows:

Sec. 353.508. LICENSE SUSPENSION OR REVOCATION. After notice and opportunity for a hearing, the commissioner may suspend or revoke a license if the commissioner finds that:

(1) the license holder failed to pay the [~~annual~~] license fee, an investigation fee, or another charge imposed by the commissioner;

(2) the license holder, knowingly or without the exercise of due care, violated this chapter or a rule adopted or order issued under this chapter; or

SECTION 62. Section 354.005(d), Finance Code, is amended to read as follows:

(d) The commissioner may deny approval of a form only if the form excludes the language required by Sections 354.003 and 354.004 or contains any inconsistent or misleading provisions. All form denials, after an opportunity for a hearing under Chapter 2001, Government Code, may be appealed to a district court in accordance with that chapter [~~the finance commission~~].

SECTION 63. Section 371.002, Finance Code, is amended to read as follows:

Sec. 371.002. PURPOSES. The purposes of this chapter are to:

(1) prevent fraud, unfair practices, discrimination, imposition, and abuse of state residents;

(2) exercise the state's police power to ensure a sound system of making pawn loans and transfers of personal property by and through pawnshops;

(3) prevent transactions in stolen property and other unlawful property transactions by licensing and regulating pawnbrokers [~~and pawnshop employees~~];

(4) provide for licensing and investigation fees;

(5) provide minimum capital requirements for pawnbrokers;

(6) ensure financial responsibility to the state and its residents and compliance with federal, state, and local law, including rules and ordinances; and

(7) assist local governments in the exercise of their police power.

SECTION 64. Section 371.003(8), Finance Code, is amended to read as follows:

(8) "Pawn transaction" means the pledging, by a person present in this state at the time of the transaction, with a pawnbroker of a single item of goods as security for a loan of money.

SECTION 65. Section 371.052(a), Finance Code, is amended to read as follows:

(a) To be eligible for a pawnshop license, an applicant must:

(1) [~~be of good moral character;~~

[~~(2)~~] meet the net assets requirement of Section 371.072; and

(2) [~~(3)~~] show that:

(A) the pawnshop will be operated lawfully and fairly under this chapter; and

(B) the applicant or the applicant's owners and managers have the financial responsibility, experience, character, and general fitness to command the confidence of the public in the pawnshop's operations.

SECTION 66. Section 371.055, Finance Code, is amended to read as follows:

Sec. 371.055. FEES; PROOF OF INSURANCE. An applicant must submit with the application:

(1) an investigation fee of:

(A) $500 if the applicant does not hold a license; or

(B) $250 if the application:

(i) is for an additional license for a separate location; or

(ii) involves substantially identical principals and owners of a licensed pawnshop at a separate location;

(2) a [~~an annual~~] fee in an amount determined as provided by Section 14.107; and

(3) proof of general liability and fire insurance in a reasonable amount and form required by the commissioner.

SECTION 67. Section 371.062, Finance Code, is amended to read as follows:

Sec. 371.062. DISPOSITION OF FEES ON DENIAL OF APPLICATION. If the commissioner denies the application, the commissioner shall retain the investigation fee and shall return to the applicant the [~~annual~~] license fee submitted with the application.

SECTION 68. Subchapter B, Chapter 371, Finance Code, is amended by adding Section 371.0625 to read as follows:

Sec. 371.0625. LICENSE TERM. A license issued under this subchapter is valid for the period prescribed by finance commission rule adopted under Section 14.112.

SECTION 69. Section 371.064, Finance Code, is amended to read as follows:

Sec. 371.064. [~~ANNUAL~~] LICENSE FEE; EXPIRATION. (a) Not later than the 30th day before the date the license expires [~~December 1~~], a pawnbroker shall pay to the commissioner for each license held a [~~an annual~~] fee in an amount determined as provided by Section 14.107 [~~for the year beginning the next January 1~~].

(b) If the [~~annual~~] fee for a license is not paid before the 16th day after the date on which written notice of delinquency of payment has been given to the pawnbroker by the commissioner, the license expires on [~~the later of:~~

[~~(1)~~] that day[~~; or~~

[~~(2)~~ ~~December 31 of the last year for which an annual fee was paid~~].

SECTION 70. Subchapter B, Chapter 371, Finance Code, is amended by adding Section 371.0645 to read as follows:

Sec. 371.0645. GROUNDS FOR REFUSAL TO RENEW. The commissioner may refuse to renew the license of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 71. Subchapter B, Chapter 371, Finance Code, is amended by adding Section 371.074 to read as follows:

Sec. 371.074. PAWNBROKER RESPONSIBLE FOR EMPLOYEES AND AGENTS. A license holder under this subchapter is responsible for all acts of the license holder's officers, directors, employees, and agents acting on behalf of the pawnshop.

SECTION 72. The heading to Subchapter C, Chapter 371, Finance Code, is amended to read as follows:

SUBCHAPTER C. PAWNSHOP EMPLOYEE LICENSE PROGRAM

SECTION 73. Section 371.101, Finance Code, is amended to read as follows:

Sec. 371.101. PAWNSHOP EMPLOYEE LICENSE PROGRAM [~~REQUIRED~~]. (a) A pawnbroker may, but is not required to, participate in the pawnshop employee license program by notifying the commissioner in writing on a form prescribed by the commissioner.

(a-1) A pawnbroker may submit a written notification to participate in the pawnshop employee license program under Subsection (a):

(1) at the time of the pawnbroker's original license application;

(2) at the time of a renewal of the pawnbroker's license; or

(3) at another time prescribed by the commissioner.

(a-2) A pawnbroker may notify the commissioner in writing of the pawnbroker's intention to no longer participate in the pawnshop employee license program at any time notification is permitted under Subsection (a-1). On receipt by the commissioner of a pawnbroker's notification under this subsection, the pawnbroker will no longer be a part of the pawnshop employee license program unless the pawnbroker resubmits a new notification for participation under Subsection (a-1).

(b) An individual who begins employment at a pawnshop for a pawnbroker that participates in the pawnshop employee license program under Subsection (a), as a condition of employment, must apply to the commissioner for a pawnshop employee license not later than the 75th day after the date employment begins.

[~~(b)~~] The individual may continue employment until the license is issued or denied.

(c) If a pawnbroker participates in the pawnshop employee license program under Subsection (a), the participating [A] pawnbroker may not employ an individual to write a pawn transaction, buy or sell merchandise, or supervise another employee who writes pawn transactions or buys or sells merchandise unless the individual:

(1) has complied with Subsection (b) [~~(a)~~] but has not been issued or denied a license; or

(2) holds a pawnshop employee license.

(d) Subsection (c) does not apply to an individual who:

(1) has an ownership interest in the pawnshop license; and

(2) is named on the application.

(e) Subject to Section 14.112, the Finance Commission of Texas shall adopt rules to administer the pawnshop employee license program.

SECTION 74. Section 371.102(a), Finance Code, is amended to read as follows:

(a) To be eligible for a pawnshop employee license, an individual must:

(1) be of [~~good moral character and~~] good business repute; [~~and~~]

(2) possess the character and general fitness necessary to warrant belief that the individual will operate the business lawfully and fairly under this chapter; and

(3) be employed by a pawnbroker that participates in the pawnshop employee license program under Section 371.101.

SECTION 75. Section 371.103(b), Finance Code, is amended to read as follows:

(b) The application must be accompanied by an investigation and annual fee in an amount determined as provided by Section 14.107 [~~of $25~~].

SECTION 76. Section 371.105, Finance Code, is amended to read as follows:

Sec. 371.105. LICENSE TERM. A pawnshop employee license is valid for the period prescribed by finance commission rule adopted under Section 14.112 [~~effective until the license expires or is surrendered, suspended, or revoked~~].

SECTION 77. Section 371.106, Finance Code, is amended to read as follows:

Sec. 371.106. [~~ANNUAL~~] LICENSE FEE; EXPIRATION. (a) Not later than the 30th day before the date the license expires [~~December 1~~], a pawnshop employee license holder shall pay to the commissioner a [~~an annual~~] fee in an amount determined as provided by Section 14.107 [~~of $15~~ ~~for the year beginning the next January 1~~].

(b) The commissioner shall send written notice of delinquency to a license holder who does not pay the fee on or before the 30th day before the date the license expires [~~December 1~~].

(c) If the [~~annual~~] fee for a license is not paid before the 16th day after the date of the delinquency notice, the license expires on [~~the later of:~~]

[~~(1)~~] that day[~~; or~~

[~~(2) January 1 of the first year for which the annual fee was not paid~~].

(d) A pawnshop employee license expires on the 30th day after the last day of employment if the license holder:

(1) ceases to be employed by a pawnbroker that participates in the pawnshop employee license program under Section 371.101; and

(2) is not employed within that time by another pawnbroker that participates in the pawnshop employee license program.

SECTION 78. Subchapter C, Chapter 371, Finance Code, is amended by adding Section 371.107 to read as follows:

Sec. 371.107. GROUNDS FOR REFUSAL TO RENEW. The commissioner may refuse to renew the pawnshop employee license of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 79. Section 371.251(a), Finance Code, is amended to read as follows:

(a) After notice and opportunity for a hearing, the commissioner may revoke or suspend a pawnshop license if the commissioner finds that:

(1) the pawnbroker has not paid a fee or charge imposed by the commissioner under this chapter;

(2) the pawnbroker, knowingly or without exercising due care to prevent the violation, has violated this chapter or a rule adopted or an order issued under this chapter;

(3) a fact or condition exists that, if it had existed or had been known to exist at the time of the original license application, clearly would have justified refusal to issue the license;

(4) the pawnbroker has established an association with an unlicensed person who, with the knowledge of the pawnbroker, has violated this chapter;

(5) the pawnbroker has aided or conspired with a person to circumvent this chapter;

(6) the pawnbroker or a legal or beneficial owner of the pawnbroker [~~is not of good moral character or~~] has been convicted of a crime that the commissioner finds directly relates to the duties and responsibilities of the occupation of pawnbroker or would otherwise make the person unfit for a pawnshop license under Section 371.052;

(7) the financial responsibility, experience, character, or general fitness of the pawnbroker or its owners and managers do not command the confidence of the public or warrant the belief that the business will be operated lawfully, fairly, and within the purposes of this chapter; or

(8) the pawnbroker has not maintained the minimum net assets required by Section 371.072.

SECTION 80. Section 371.255, Finance Code, is amended to read as follows:

Sec. 371.255. REVOCATION OR SUSPENSION OF PAWNSHOP EMPLOYEE LICENSE. After notice and hearing, the commissioner may revoke or suspend a pawnshop employee license if the commissioner finds that:

(1) the license holder knowingly or recklessly violated this chapter or a rule adopted or order issued under this chapter;

(2) a fact or condition exists that, if it had existed or had been known to exist at the time of the original license application, clearly would have justified refusal to issue the license; or

(3) the [~~moral character,~~] business repute[,] and general fitness of the license holder do not warrant belief that the license holder will operate the business lawfully and fairly within the provisions of this chapter.

SECTION 81. Section 371.258(c), Finance Code, is amended to read as follows:

(c) The commissioner shall reinstate an expired pawnbroker license if, not later than the 180th day after the date on which the license expired, the pawnbroker pays the commissioner the delinquent $125 [~~annual~~] fee plus a reinstatement fee of $1,000. After a pawnbroker's license has expired, the commissioner shall promptly send notice of reinstatement rights to the delinquent pawnbroker by certified mail.

SECTION 82. Section 393.602(a), Finance Code, is amended to read as follows:

(a) This subchapter applies only to a credit services organization that, with respect to a consumer who is located in this state at the time of the transaction, obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of:

(1) a deferred presentment transaction; or

(2) a motor vehicle title loan.

SECTION 83. Section 393.604(c), Finance Code, is amended to read as follows:

SECTION 84. Section 393.605(c), Finance Code, is amended to read as follows:

(1) the license holder's faithful performance under this subchapter and rules adopted under this subchapter; and

(2) the payment of all amounts that become due to this state or another person under this subchapter during the period [~~calendar year~~] for which the bond is given.

SECTION 85. Subchapter G, Chapter 393, Finance Code, is amended by adding Sections 393.6085 and 393.6115 to read as follows:

Sec. 393.6085. LICENSE TERM. A license issued under this chapter is valid for the period prescribed by finance commission rule adopted under Section 14.112.

Sec. 393.6115. GROUNDS FOR REFUSAL TO RENEW. The commissioner may refuse to renew the license of a credit access business who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 86. Section 393.612, Finance Code, is amended to read as follows:

Sec. 393.612. [~~ANNUAL~~] LICENSE FEE. Not later than the 30th day before the date the license expires [~~December 1~~], a license holder shall pay to the commissioner for each license held a [~~an annual~~] fee [~~for the year beginning the next January 1,~~] in an amount determined as provided by Section 14.107.

SECTION 87. Section 393.613, Finance Code, is amended to read as follows:

Sec. 393.613. EXPIRATION OF LICENSE ON FAILURE TO PAY [~~ANNUAL~~] FEE. If the [~~annual~~] fee for a license is not paid before the 16th day after the date on which the written notice of delinquency of payment has been given to the license holder, the license expires on [~~the later of:~~

[~~(1)~~] that day[~~; or~~

[~~(2)~~ ~~December 31 of the last year for which an annual fee was paid~~].

SECTION 88. Section 393.614(a), Finance Code, is amended to read as follows:

(a) After notice and opportunity for a hearing, the commissioner may suspend or revoke a license if the commissioner finds that:

(1) the license holder failed to pay the [~~annual~~] license fee, an examination fee, an investigation fee, or another charge imposed by the commissioner under this subchapter;

(2) the license holder, knowingly or without the exercise of due care, violated this chapter or a rule adopted or order issued under this chapter; or

SECTION 89. Section 394.204, Finance Code, is amended by amending Subsections (b), (f), (g), and (k) and adding Subsection (j-1) to read as follows:

(b) A registration issued under this section is valid for the period prescribed by finance commission rule adopted under Section 14.112 [~~Registration expires on December 31~~ ~~of the year in which the registration occurs and must be renewed annually~~].

(f) Subject to Subsection (j-1), a [A] person may renew a registration by paying the appropriate fee and completing all required documents.

(g) Subject to Section 14.112, the [~~The~~] finance commission by rule may establish procedures to facilitate the registration and collection of fees under this section[~~, including rules staggering throughout the year the dates on which fees are due~~].

(j-1) The commissioner may refuse to renew the registration of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

(k) In addition to the power to refuse an initial application as specified in this section, the commissioner may suspend or revoke a provider's registration after notice and opportunity for a hearing if the commissioner finds that any of the following conditions are met:

(1) a fact or condition exists that, if it had existed when the provider applied for registration, would have been grounds for denying registration;

(2) a fact or condition exists that the commissioner was not aware of when the provider applied for registration and would have been grounds for denying registration;

(3) the provider violates this subchapter or rule or order of the commissioner under this subchapter;

(4) the provider is insolvent;

(5) the provider refuses to permit the commissioner to make an examination authorized by this subchapter;

(6) the provider fails to respond within a reasonable time and in an appropriate manner to communications from the commissioner;

(7) the provider has received money from or on behalf of a consumer for disbursement to a creditor under a debt management plan that provides for regular periodic payments to creditors in full repayment of the principal amount of the debts and the provider has failed to disburse money to the creditor on behalf of the consumer within a reasonable time, normally 30 days;

(8) the commissioner determines that the provider's trust account is not materially in balance with and reconciled to the consumer's account; or

(9) the provider fails to warrant the belief that the business will be operated lawfully and fairly and within the provisions and purposes of this subchapter.

SECTION 90. Section 394.205(b), Finance Code, is amended to read as follows:

(b) Each provider shall file a report with the commissioner at each renewal of the provider's registration. The report must at a minimum disclose in detail and under appropriate headings:

(1) the assets and liabilities of the provider at the beginning and end of the period, if the provider is a nonprofit or tax exempt organization;

(2) the total number of debt management plans the provider has initiated on behalf of consumers in this state during that period [~~year~~]; and

(3) records of total and average fees charged to consumers, including all voluntary contributions received from consumers.

SECTION 91. Section 394.214(e), Finance Code, is amended to read as follows:

(e) The commissioner may enforce this subchapter and rules adopted under this subchapter by:

(1) ordering the violator to cease and desist from the violation and any similar violations;

(2) ordering the violator to take affirmative action to correct the violation, including the restitution of money or property to a person aggrieved by the violation;

(3) imposing an administrative penalty not to exceed $1,000 for each violation as provided by Subchapter F, Chapter 14; or

(4) rejecting an initial application, refusing to renew a registration, or revoking or suspending a registration as provided by Section 394.204.

SECTION 92. Section 1956.0612, Occupations Code, is amended by amending Subsections (b) and (d) and adding Subsections (b-1), (d-1), and (h) to read as follows:

(b) To register as a dealer, a person must provide to the commissioner[~~, on or before December 31~~ ~~preceding each calendar year in which the person seeks to act as a dealer~~]:

(1) a list of each location in this state at which the person will conduct business as a dealer; and

(2) a processing fee for each location included on the list furnished under Subdivision (1).

(b-1) A registration issued under this section is valid for the period prescribed by commission rule adopted under Section 14.112, Finance Code.

(d) The commission by rule shall establish a deadline for the submission of the information and fee required by Subsection (b) for initial issuance and renewal of registrations under this section.

(d-1) After the applicable [~~December 31~~] deadline for initial or renewal registrations, a dealer may amend the registration required under Subsection (a) to reflect any change in the information provided by the registration.

(h) The commissioner may refuse to renew the registration of a person who fails to comply with an order issued by the commissioner to enforce this chapter.

SECTION 93. Section 1956.0614(a), Occupations Code, is amended to read as follows:

(a) The commissioner may revoke the registration of a dealer if the commissioner concludes that the dealer has violated this chapter or an order issued by the commissioner to enforce this chapter. The commissioner shall recite the basis of the decision in an order revoking the registration.

SECTION 94. Section 1956.063, Occupations Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:

(c) For each transaction regulated by this subchapter, the dealer shall submit a report on a preprinted and prenumbered form prescribed by the commissioner or in the manner described by Subsection (c-1). The form must include the following:

(1) the date of the transaction;

(2) a description of the crafted precious metal purchased by the dealer;

(3) the name and physical address of the dealer; and

(4) the name, physical description, and physical address of the seller or transferor.

(c-1) A dealer may submit a list required by Section 1956.062(b) to satisfy the reporting requirement under this section if the list contains the information described by Subsection (c).

SECTION 95. The following provisions of the Finance Code are repealed:

(1) Section 14.208(d);

(2) Section 371.052(b); and

(3) Sections 371.304(b), (c), and (d).

SECTION 96. Section 14.112, Finance Code, as added by this Act, applies only to a license or registration issued or renewed on or after September 1, 2019. A license or registration issued or renewed before that date is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 97. A license issued under Section 371.104, Finance Code, before the effective date of this Act continues in effect until June 30, 2020. The license may be renewed under Subchapter C, Chapter 371, Finance Code, as amended by this Act.

SECTION 98. The changes in law made by this Act do not affect the validity of a disciplinary action or other proceeding that was initiated before the effective date of this Act and that is pending before a court or other governmental entity on that date.

SECTION 99. The changes in law made by this Act to Section 371.304, Finance Code, 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 occurred before that date.

SECTION 100. (a) Not later than November 1, 2019, the Finance Commission of Texas shall adopt rules to implement the pawnshop employee license program under Section 371.101, Finance Code, as amended by this Act.

(b) Not later than December 1, 2019, the Office of Consumer Credit Commissioner shall be prepared to accept applications for licenses under the pawnshop employee license program described by Section 371.101, Finance Code, as amended by this Act.

SECTION 101. This Act takes effect September 1, 2019.

HB 684 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Clardy called up with senate amendments for consideration at this time,

HB 684, A bill to be entitled An Act relating to the development of a seizure action plan for certain students enrolled in public schools and training for certain school personnel regarding seizure disorders.

Representative Clardy moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 684.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 684: Clardy, chair; Dutton, M. González, Meyer, and VanDeaver.

HB 1065 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Ashby called up with senate amendments for consideration at this time,

HB 1065, A bill to be entitled An Act relating to the establishment of a rural resident physician grant program.

Representative Ashby moved to concur in the senate amendments to HB 1065.

The motion to concur in the senate amendments to HB 1065 prevailed by (Record 1682): 133 Yeas, 11 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.; 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; 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.; 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; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.

Nays — Cain; Hefner; Krause; Lang; Middleton; Patterson; Stickland; Swanson; Tinderholt; Wilson; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Klick.

STATEMENT OF VOTE

When Record No. 1682 was taken, I was shown voting yes. I intended to vote no.

Shaheen

Senate Committee Substitute

CSHB 1065, A bill to be entitled An Act relating to the establishment of a rural resident physician grant program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 58A, Education Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. RURAL RESIDENT PHYSICIAN GRANT PROGRAM

Sec. 58A.081. RURAL RESIDENT PHYSICIAN GRANT PROGRAM. (a) The board shall administer the Rural Resident Physician Grant Program as a competitive grant program to encourage the creation of new graduate medical education positions in rural and nonmetropolitan areas, with particular emphasis on the creation of rural training tracks. The board shall award grants to new or expanded physician residency programs at teaching hospitals and other appropriate health care entities according to the program criteria established under this section.

(b) The board shall establish criteria for the grant program in consultation with one or more physicians, including a physician who practices in a rural area of this state, teaching hospitals, medical schools, and independent physician residency programs, and with other persons considered appropriate by the board. The program criteria must take into account whether a rural or nonmetropolitan area has the resources sufficient to support a physician residency program in a manner that would satisfy applicable residency program accreditation requirements.

(1) that provides the level of medical care that is most needed in a rural or nonmetropolitan area; and

(2) until the program becomes eligible for federal grant funding.

(d) Grant funds awarded under this section may be used only to pay direct costs associated with creating or maintaining a residency position, including the salary of the resident physician.

(e) Each grant application must:

(1) specify the number of residency positions expected to be created or maintained with the grant money;

(2) specify the grant amount requested for each year;

(3) include documentation of infrastructure and staffing to satisfy applicable residency program accreditation requirements;

(4) include documentation that the residency program will set a primary goal of producing physicians who are prepared for practice in a rural area; and

(5) include evidence of support for residency training by sponsoring institutions and the community.

(f) The board shall award grants for all residency positions awarded a grant under this section in the preceding year before awarding a grant for a residency position that did not receive a grant in the preceding year, provided that the applicable grant recipient from the preceding year complies with all conditions of the grant as described by Subsection (g) and satisfies the grant eligibility requirements.

(g) The board shall monitor physician residency programs receiving grants as necessary to ensure compliance with the grant program and shall require the return of any unused grant money by, or shall decline to award additional grants to, a residency program that receives a grant but fails to:

(1) create and fill, within a reasonable period, the number of residency positions proposed in the program's grant application; or

(2) satisfy any other conditions of the grant imposed by the board.

(h) The board shall use money forfeited under Subsection (g) to award grants to other eligible applicants. With respect to the physician residency program forfeiting the grant, the board may restore grant money or award additional grants, as applicable, to the program as soon as practicable after the program satisfies all conditions of the grant.

(i) The board shall adopt rules for the administration of the grant program. The rules must include:

(1) administrative provisions governing:

(A) eligibility criteria for grant applicants;

(B) grant application procedures;

(D) guidelines relating to the number of grants to be awarded each year, subject to available funds;

(E) procedures for evaluating grant applications;

(F) procedures for monitoring the use of grants; and

(G) reporting requirements for grant recipients;

(2) methods for tracking the effectiveness of grants; and

(3) any conditions relating to the receipt and use of a grant as considered appropriate by the board.

SECTION 2. (a) As soon as practicable after the effective date of this Act, the Texas Higher Education Coordinating Board shall adopt rules for the implementation and administration of the grant program established under Subchapter E, Chapter 58A, Education Code, as added by this Act. The board may adopt the initial rules in the manner provided by law for emergency rules.

(b) Not later than October 1, 2019, the Texas Higher Education Coordinating Board shall establish the grant program required by Subchapter E, Chapter 58A, Education Code, as added by this Act, and shall begin to award grants under that program not later than January 1, 2020.

SECTION 3. The Texas Higher Education Coordinating Board 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 coordinating board may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

HB 2119 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Cortez called up with senate amendments for consideration at this time,

HB 2119, A bill to be entitled An Act relating to the application for and loans from the Texas military value revolving loan account.

Representative Cortez moved to concur in the senate amendments to HB 2119.

The motion to concur in the senate amendments to HB 2119 prevailed by (Record 1683): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Walle.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2119 (senate committee report) as follows:

(1) In the recital to SECTION 1 of the bill, amending Section 436.054, Government Code (page 1, line 22), strike "Subsection (c)" and substitute "Subsections (c), (d), and (e)".

(2) In SECTION 1 of the bill, in amended Section 436.054(b), Government Code (page 1, line 26), strike "Subsection (c)," and substitute "this section,".

(3) In SECTION 1 of the bill, in amended Section 436.054, Government Code (page 1, between lines 33 and 34), insert the following:

(d) A meeting described by Subsection (c) is subject to the notice requirements applicable to other meetings. The notice of the meeting must specify as the location of the meeting the location where meetings of the commission are usually held.

(e) Each part of a meeting described by Subsection (c) that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and the audio shall be recorded. The audio recording shall be made available to the public.

HB 440 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Murphy called up with senate amendments for consideration at this time,

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

Representative Murphy moved to concur in the senate amendments to HB 440.

The motion to concur in the senate amendments to HB 440 prevailed by (Record 1684): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Absent — Anchia.

STATEMENT OF VOTE

When Record No. 1684 was taken, my vote failed to register. I would have voted yes.

Anchia

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 440 (senate committee printing) in SECTION 3 of the bill by striking added Section 1253.002(b), Government Code (page 2, lines 10-17), and substituting the following:

(b) Notwithstanding any other provision of law, a political subdivision may not issue general obligation bonds to purchase, improve, or construct one or more improvements to real property, to purchase one or more items of personal property, or to do both, if the weighted average maturity of the issue of bonds exceeds 120 percent of the reasonably expected weighted average economic life of the improvements and personal property financed with the issue of bonds.

HB 3655 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative C. Turner called up with senate amendments for consideration at this time,

HB 3655, A bill to be entitled An Act relating to the administration and operation of the state's programs for paying, prepaying, or saving toward the costs of attending an institution of higher education, including the powers and duties of the Prepaid Higher Education Tuition Board.

Representative C. Turner moved to concur in the senate amendments to HB 3655.

The motion to concur in the senate amendments to HB 3655 prevailed by (Record 1685): 145 Yeas, 0 Nays, 1 Present, not voting.

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

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3655 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 54.633, Education Code, is amended by adding Subsection (n) to read as follows:

(n) If the comptroller determines that the purpose of a direct-support organization established under Subsection (e) has been substantially complied with, the comptroller may dissolve the organization. On dissolution, the title to all funds and properties then owned by the organization shall transfer to the Texas Match the Promise Foundation.

HB 1767 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Murphy called up with senate amendments for consideration at this time,

HB 1767, A bill to be entitled An Act relating to the consideration of employee compensation and benefits in establishing the rates of gas utilities.

Representative Murphy moved to concur in the senate amendments to HB 1767.

The motion to concur in the senate amendments to HB 1767 prevailed by (Record 1686): 138 Yeas, 6 Nays, 1 Present, not voting.

Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; 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; Lopez; Lozano; Lucio; 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; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman; Shine; Smith; Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.

Nays — Beckley; Bucy; Ramos; Schaefer; Smithee; Stickland.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Noble.

STATEMENT OF VOTE

When Record No. 1686 was taken, I was shown voting no. I intended to vote yes.

Bucy

Senate Committee Substitute

CSHB 1767, A bill to be entitled An Act relating to the consideration of employee compensation and benefits in establishing the rates of gas utilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 104, Utilities Code, is amended by adding Section 104.060 to read as follows:

Sec. 104.060. CONSIDERATION OF COMPENSATION AND BENEFIT EXPENSES. (a) In this section, "employee compensation and benefits" includes base salaries, wages, incentive compensation, and benefits. The term does not include:

(1) pension or other postemployment benefits; and

(2) incentive compensation related to attaining financial metrics for an executive officer whose compensation is required to be disclosed under 17 C.F.R. Section 229.402(a).

(b) When establishing a gas utility's rates, the regulatory authority shall presume that employee compensation and benefits expenses are reasonable and necessary if the expenses are consistent with recent market compensation studies.

SECTION 2. (a) Section 104.060, Utilities Code, as added by this Act, applies only to a proceeding for the establishment of rates for which the regulatory authority has not issued a final order or decision before the effective date of this Act.

(b) A proceeding for which the regulatory authority has issued a final order or decision before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 1767 (senate committee printing) in SECTION 1 of the bill, in added Section 104.060, Utilities Code (page 1, line 40), by striking "recent market compensation studies." and substituting "market compensation studies issued not earlier than three years before the initiation of the proceeding to establish the rates.".

HB 1535 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Flynn called up with senate amendments for consideration at this time,

HB 1535, A bill to be entitled An Act relating to the continuation and functions of the State Securities Board.

Representative Flynn moved to concur in the senate amendments to HB 1535.

The motion to concur in the senate amendments to HB 1535 prevailed by (Record 1687): 143 Yeas, 0 Nays, 1 Present, not voting.

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

Present, not voting — Mr. Speaker(C).

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Nevárez; Stickland.

Senate Committee Substitute

CSHB 1535, A bill to be entitled An Act relating to the continuation and functions of the State Securities Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsections J and O, Section 2, The Securities Act (Article 581-2, Vernon's Texas Civil Statutes), are amended to read as follows:

J. On or before January 1 of each year, the Board, with the advice of the Commissioner, shall report to the Governor and the presiding officer of each house of the Legislature as to its administration of this Act, as well as plans and needs for future securities regulation. The report must include:

(1) a detailed accounting of all funds received and disbursed by the Board during the preceding year, including the amount spent by the Board assisting in the criminal prosecution of cases under Subsection B of Section 3 of this Act; and

(2) with respect to cases referred during the preceding year by the Board under Subsection A of Section 3 of this Act, a breakdown by county and district attorney of the number of cases where:

(A) criminal charges were filed;

(B) prosecution is ongoing; or

O. The State Securities Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this Act expires September 1, 2031 [~~2019~~].

SECTION 2. Section 2-3, The Securities Act (Article 581-2-3, Vernon's Texas Civil Statutes), is amended by amending Subsection B and adding Subsection D to read as follows:

B. The training program must provide the person with information regarding:

(1) the law governing [~~legislation that created the~~] Board operations;

(2) the programs, [~~operated by the Board;~~

[~~(3)~~ ~~the role and~~] functions, rules, and budget of the Board;

(3) the scope of and limitations on the rulemaking authority [~~(4)~~ ~~the rules~~] of the Board [~~with an emphasis on the rules that relate to disciplinary and investigatory authority~~];

(4) the types of Board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the Board regulates, including any rule, interpretation, or enforcement action that:

(A) regulates the scope of practice of persons in a profession or business the Board regulates;

(B) restricts advertising by persons in a profession or business the Board regulates;

(D) restricts participation in a profession or business the Board regulates;

(5) [~~the current budget for the Board;~~

[~~(6)~~] the results of the most recent formal audit of the Board;

(6) [~~(7)~~] the requirements of:

(A) laws relating to [~~the~~] open meetings, [~~law, Chapter 551, Government Code;~~

[~~(B)~~ ~~the~~] public information [~~law~~], [~~Chapter 552, Government Code;~~

[~~(C)~~ ~~the~~] administrative procedure [~~law~~], [~~Chapter 2001, Government Code;~~] and disclosing conflicts-of-interest; and

(B) [~~(D)~~] other laws applicable [~~relating~~] to members of a state policymaking body in performing their duties [~~public officials, including conflict-of-interest laws~~]; and

(7) [~~(8)~~] any applicable ethics policies adopted by the Board or the Texas Ethics Commission.

D. The Commissioner shall create a training manual that includes the information required by Subsection B of this section. The Commissioner shall distribute a copy of the training manual annually to each member of the Board. Each member of the Board shall sign and submit to the Commissioner a statement acknowledging that the member received and has reviewed the training manual.

SECTION 3. Section 2-6, The Securities Act (Article 581-2-6, Vernon's Texas Civil Statutes), is amended to read as follows:

Art. 581-2-6. COMPLAINTS INFORMATION. A. The Commissioner or the Commissioner's designee shall maintain a system to promptly and efficiently act [~~file~~] on complaints [~~each written complaint~~] filed with the Commissioner or Board. The Commissioner or the Commissioner's designee shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition [~~concerning an employee, former employee, or person registered under this Act. The file must include:~~

[~~(1)~~ ~~the name of the person who filed the complaint;~~

[~~(2)~~ ~~the date the complaint is received by the Commissioner or Board;~~

[~~(3)~~ ~~the subject matter of the complaint;~~

[~~(4)~~ ~~the name of each person contacted in relation to the complaint;~~

[~~(5)~~ ~~a summary of the results of the review or investigation of the complaint; and~~

[~~(6)~~ ~~an explanation of the reason the file was closed, if the Commissioner closed the file without taking action other than to investigate the complaint~~].

B. The Commissioner or the Commissioner's designee shall make information available describing [~~provide to the person filing the complaint and to each person who is a subject of the complaint a copy of~~] the Board's [~~policies and~~] procedures for [~~relating to~~] complaint investigation and resolution.

C. The Commissioner or the Commissioner's designee [~~, at least quarterly until final disposition of the complaint,~~] shall periodically notify the [~~person filing the~~] complaint parties [~~and each person who is a subject of the complaint~~] of the status of the complaint until final disposition [~~investigation~~] unless the notice would jeopardize a law enforcement [~~an undercover~~] investigation.

SECTION 4. The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) is amended by adding Section 2-8 to read as follows:

Sec. 2-8. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION. A. The Board shall develop a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of Board rules; and

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the Board's jurisdiction.

B. The Board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

C. The Board shall:

(1) coordinate the implementation of the policy adopted under Subsection A of this section;

(2) provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures.

SECTION 5. Section 3, The Securities Act (Article 581-3, Vernon's Texas Civil Statutes), is amended to read as follows:

Art. 581-3. ADMINISTRATION AND ENFORCEMENT BY THE SECURITIES COMMISSIONER AND THE ATTORNEY GENERAL AND LOCAL LAW ENFORCEMENT OFFICIALS. A. The administration of the provisions of this Act shall be vested in the Securities Commissioner. It shall be the duty of the Securities Commissioner and the Attorney General to see that its provisions are at all times obeyed and to take such measures and to make such investigations as will prevent or detect the violation of any provision thereof. The Commissioner shall at once lay before the District or County Attorney of the proper county any evidence which shall come to his knowledge of criminality under this Act. In the event of the neglect or refusal of such attorney to institute and prosecute such violation, the Commissioner shall submit such evidence to the Attorney General, who is hereby authorized to proceed therein with all the rights, privileges and powers conferred by law upon district or county attorneys, including the power to appear before grand juries and to interrogate witnesses before such grand juries.

B. Subject to Subsection E of this section, the Board may provide assistance to a county or district attorney who requests assistance in a criminal prosecution involving an alleged violation of this Act that is referred by the Board to the attorney under Subsection A of this section.

C. Before referring a case to a county or district attorney for prosecution as required by Subsection A of this section, the Commissioner shall make a determination of:

(1) the potential resources of the Board, including the number and types of Board employees, that would be needed to assist in the prosecution of the case; and

(2) the availability of Board employees and other resources necessary to carry out any request for assistance.

D. The Board by rule shall establish a process to enable the Commissioner to determine whether to provide any requested assistance to the appropriate prosecuting attorney following referral of a case under Subsection A of this section and, if so, the appropriate amount of such assistance. The rules must require the Commissioner to consider:

(1) whether resources are available after taking into account any ongoing Board investigations, investigations under Section 28 of this Act, and criminal prosecutions for which assistance is being provided;

(2) the seriousness of the alleged violation or violations in the case, including the severity of the harm and number of victims involved; and

(3) the state's interest in the prosecution of a particular case and the availability of other methods of redress for the alleged violations, including the pursuit of a civil action.

E. In response to a request for assistance under Subsection B of this section, the Board may provide only those Board employees or resources, if any, determined to be available for that case in accordance with Subsection C of this section. If a change in circumstances occurs after the time of the determination under Subsection C of this section, the Commissioner may reconsider the Commissioner's determination under that subsection and may increase or reduce the number of Board employees or other resources to be made available for a case using the process established under Subsection D of this section.

F. The Attorney General, at least biennially, shall review a sample of criminal cases for which the Board provided requested assistance to county or district attorneys under this section. The review must include an evaluation of the pre-referral determination of available resources to support each case being reviewed as required by Subsection C of this section and any subsequent determination of those resources made by the Commissioner as authorized under Subsection E of this section. The Attorney General may report any concerns the Attorney General has in connection with the Board's provision of assistance to the standing committee of each house of the legislature with primary jurisdiction over Board matters.

SECTION 6. The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) is amended by adding Section 32-1 to read as follows:

Sec. 32-1. REFUND. A. Subject to Subsection B of this section, the Commissioner may order a dealer, agent, investment adviser, or investment adviser representative regulated under this Act to pay a refund to a client or a purchaser of securities or services from the person or company as provided in an agreed order or an enforcement order instead of or in addition to imposing an administrative penalty or other sanctions.

B. The amount of a refund ordered as provided in an agreed order or an enforcement order may not exceed the amount the client or purchaser paid to the dealer, agent, investment adviser, or investment adviser representative for a service or transaction regulated by the Board. The Commissioner may not require payment of other damages or estimate harm in a refund order.

SECTION 7. Subsection B, Section 35, The Securities Act (Article 581-35, Vernon's Texas Civil Statutes), is amended to read as follows:

B. The Commissioner or Board shall charge and collect the following fees and shall daily pay all fees received into the State Treasury:

(1) for any filing to amend the registration certificate of a dealer or investment adviser or evidence of registration of an agent or investment adviser representative, or issue a duplicate certificate or evidence of registration, [~~or register a branch office,~~] $25;

(2) for the examination of any original or amended application filed under Subsection A, B, or C of Section 7 of this Act, regardless of whether the application is denied, abandoned, withdrawn, or approved, a fee of one-tenth (1/10) of one percent (1%) of the aggregate amount of securities described and proposed to be sold to persons located within this state based upon the price at which such securities are to be offered to the public;

(3) for certified copies of any papers filed in the office of the Commissioner, the Commissioner shall charge such fees as are reasonably related to costs; however, in no event shall such fees be more than those which the Secretary of State is authorized to charge in similar cases;

(4) for the filing of any application for approval of a stock exchange so that securities fully listed thereon will be exempt, a fee of $10,000;

(5) for the filing of a request to take the Texas Securities Law Examination, $35;

(6) for the filing of an initial notice required by the Commissioner to claim a secondary trading exemption, a fee of $500, and for the filing of a secondary trading exemption renewal notice, a fee of $500;

(7) for the filing of an initial notice required by the Commissioner to claim a limited offering exemption, a fee of one-tenth (1/10) of one percent (1%) of the aggregate amount of securities described as being offered for sale, but in no case more than $500; and

(8) for an interpretation by the Board's general counsel of this Act or a rule adopted under this Act, a fee of $100, except that an officer or employee of a governmental entity and the entity that the officer or employee represents are exempt from the fee under this subsection when the officer or employee is conducting official business of the entity.

SECTION 8. (a) Except as provided by Subsection (b) of this section, Section 2-3, The Securities Act (Article 581-2-3, Vernon's Texas Civil Statutes), as amended by this Act, applies to a member of the State Securities Board appointed before, on, or after the effective date of this Act.

(b) A member of the State Securities Board who, before the effective date of this Act, completed the training program required by Section 2-3, The Securities Act (Article 581-2-3, Vernon's Texas Civil Statutes), as that law existed before the effective date of this Act, is required to complete additional training only on subjects added by this Act to the training program as required by Section 2-3, The Securities Act (Article 581-2-3, Vernon's Texas Civil Statutes), as amended by this Act. A board member described by this subsection may not vote, deliberate, or be counted as a member in attendance at a meeting of the board held on or after December 1, 2019, until the member completes the additional training.

SECTION 9. Subsection A, Section 2-6, The Securities Act, (Article 581-2-6, Vernon's Texas Civil Statutes), as amended by this Act, applies only to a complaint filed with the State Securities Board on or after the effective date of this Act. A complaint filed before the effective date of this Act is governed by the law in effect on the date the complaint was filed, and the former law is continued in effect for that purpose.

SECTION 10. Not later than March 1, 2020, the State Securities Board shall adopt rules necessary to implement the changes in law made by this Act to Section 3, The Securities Act (Article 581-3, Vernon's Texas Civil Statutes).

SECTION 11. The change in law made by this Act to Section 35, The Securities Act (Article 581-35, Vernon's Texas Civil Statutes), does not entitle a person to a refund of a registration or other fee paid by the person before the effective date of this Act.

SECTION 12. This Act takes effect September 1, 2019.

HB 2694 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Guillen called up with senate amendments for consideration at this time,

HB 2694, A bill to be entitled An Act relating to the authority of certain insurers to make investments in bond exchange-traded funds.

Representative Guillen moved to concur in the senate amendments to HB 2694.

The motion to concur in the senate amendments to HB 2694 prevailed by (Record 1688): 144 Yeas, 0 Nays, 1 Present, not voting.

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

Absent — Nevárez.

Senate Committee Substitute

CSHB 2694, A bill to be entitled An Act relating to the authority of certain insurers to make investments in bond exchange-traded funds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 424, Insurance Code, is amended by adding Section 424.075 to read as follows:

Sec. 424.075. AUTHORIZED INVESTMENTS: BOND EXCHANGE-TRADED FUNDS. (a) An insurer may invest the insurer's funds in excess of minimum capital and surplus in shares of a bond exchange-traded fund registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.), as amended, if:

(1) the exchange-traded fund is solvent and reported at least $100 million of net assets in the exchange-traded fund's latest annual or more recent certified audited financial statement;

(2) the securities valuation office has designated the exchange-traded fund as meeting the criteria to be placed on the list promulgated by the securities valuation office of exchange-traded funds eligible for reporting as a statutory long-term bond obligation on Internal Revenue Service Form 1040, Schedule D; and

(3) the amount of the insurer's investment in the exchange-traded fund does not exceed 15 percent of the insurer's capital and surplus.

(b) This section does not authorize an insurer to invest in a bond exchange-traded fund that has:

(1) embedded structural features designed to deliver performance that does not track the full unlevered and positive return of the underlying index or exposure, including a leveraged or inverse exchange-traded fund; or

(2) an expense ratio in excess of 100 basis points.

(c) An insurer may deposit with the department shares of a bond exchange-traded fund described by Subsection (a) as a statutory deposit if state law requires a statutory deposit from the insurer.

SECTION 2. Subchapter C, Chapter 425, Insurance Code, is amended by adding Section 425.1231 to read as follows:

Sec. 425.1231. AUTHORIZED INVESTMENTS: BOND EXCHANGE-TRADED FUNDS. (a) An insurance company may invest the insurer's funds in excess of minimum capital and surplus in shares of a bond exchange-traded fund registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.), as amended, if:

(1) the exchange-traded fund is solvent and reported at least $100 million of net assets in the exchange-traded fund's latest annual or more recent certified audited financial statement;

(3) the amount of the insurance company's investment in the exchange-traded fund does not exceed 15 percent of the insurance company's capital and surplus.

(b) This section does not authorize an insurance company to invest in a bond exchange-traded fund that has:

(2) an expense ratio in excess of 100 basis points.

(c) A bond exchange-traded fund described by Subsection (a) shall be considered a business entity for purposes of Section 425.110.

(d) An insurance company may deposit with the department shares of a bond exchange-traded fund described by Subsection (a) as a statutory deposit if state law requires a statutory deposit from the insurance company.

SECTION 3. This Act takes effect September 1, 2019.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend CSHB 2694 (senate committee report) as follows:

(1) In SECTION 1 of the bill, in added Section 424.075(a)(2), Insurance Code (page 1, line 37), strike "statutory".

(2) In SECTION 1 of the bill, in added Section 424.075(a)(2), Insurance Code (page 1, lines 38 and 39), strike "obligation on Internal Revenue Service Form 1040, Schedule D" and substitute "in the Purposes and Procedures Manual of the securities valuation office or a successor publication".

(3) In SECTION 2 of the bill, in added Section 425.1231(a)(2), Insurance Code (page 2, line 8), strike "statutory".

(4) In SECTION 2 of the bill, in added Section 425.1231(a)(2), Insurance Code (page 2, lines 9 and 10), strike "obligation on Internal Revenue Service Form 1040, Schedule D" and substitute "in the Purposes and Procedures Manual of the securities valuation office or a successor publication".

(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter D, Chapter 425, Insurance Code, is amended by adding Section 425.2061 to read as follows:

Sec. 425.2061. AUTHORIZED INVESTMENTS FOR ALL FUNDS: BOND EXCHANGE-TRADED FUNDS. Subject to Section 425.157(b), an insurer may invest any of the insurer's funds and accumulations in a bond exchange-traded fund described by Section 425.1231(a).

HB 2945 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Perez called up with senate amendments for consideration at this time,

HB 2945, A bill to be entitled An Act relating to payment card skimmers on motor fuel dispensers and to creating a payment fraud fusion center; imposing civil penalties; creating criminal offenses.

Representative Perez moved to concur in the senate amendments to HB 2945.

The motion to concur in the senate amendments to HB 2945 prevailed by (Record 1689): 145 Yeas, 0 Nays, 1 Present, not voting.

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

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 2945 (senate committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. The attorney general is required to implement Chapter 424, Government Code, as added by this Act, only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the attorney general may, but is not required to, implement Chapter 424, Government Code, as added by this Act, using other appropriations available for that purpose.

HB 1501 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Nevárez called up with senate amendments for consideration at this time,

HB 1501, A bill to be entitled An Act relating to the creation of the Texas Behavioral Health Executive Council and to the continuation and transfer of the regulation of psychologists, marriage and family therapists, professional counselors, and social workers to the Texas Behavioral Health Executive Council; providing civil and administrative penalties; authorizing a fee.

Representative Nevárez moved to concur in the senate amendments to HB 1501.

The motion to concur in the senate amendments to HB 1501 prevailed by (Record 1690): 129 Yeas, 14 Nays, 2 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; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; 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; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; 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.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zerwas.

Nays — Biedermann; Cain; Coleman; Cyrier; González, J.; Lang; Middleton; Murr; Ramos; Schaefer; Stickland; Swanson; Tinderholt; Zedler.

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

Absent, Excused — Bell, K.; Davis, S.; Gervin-Hawkins; Johnson, E.

Absent — Deshotel.

STATEMENTS OF VOTE

When Record No. 1690 was taken, I was in the house but away from my desk. I would have voted yes.

Deshotel

When Record No. 1690 was taken, I was shown voting present, not voting. I intended to vote yes.

Zwiener

Senate Committee Substitute

CSHB 1501, A bill to be entitled An Act relating to the creation of the Texas Behavioral Health Executive Council and to the continuation and transfer of the regulation of psychologists, marriage and family therapists, professional counselors, and social workers to the Texas Behavioral Health Executive Council; providing civil and administrative penalties; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. CREATION OF THE TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL

SECTION 1.001. Subtitle I, Title 3, Occupations Code, is amended by adding Chapter 507 to read as follows:

CHAPTER 507. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 507.001. DEFINITIONS. In this chapter:

(1) "Executive council" means the Texas Behavioral Health Executive Council.

(2) "License" means a license, certification, registration, or other authorization that is issued by the executive council.

(3) "Marriage and family therapy board" means the Texas State Board of Examiners of Marriage and Family Therapists.

(4) "Professional counseling board" means the Texas State Board of Examiners of Professional Counselors.

(5) "Psychology board" means the Texas State Board of Examiners of Psychologists.

(6) "Social work board" means the Texas State Board of Social Worker Examiners.

Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas Behavioral Health Executive Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the executive council is abolished and this chapter and Chapters 501, 502, 503, and 505 expire September 1, 2031.

SUBCHAPTER B. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL

Sec. 507.051. EXECUTIVE COUNCIL MEMBERSHIP. (a) The Texas Behavioral Health Executive Council consists of nine members as follows:

(1) one marriage and family therapist member and one public member of the marriage and family therapy board, each appointed by that board;

(2) one licensed professional counselor member and one public member of the professional counseling board, each appointed by that board;

(3) one psychologist member and one public member of the psychology board, each appointed by that board;

(4) one social worker member and one public member of the social work board, each appointed by that board; and

(5) one public member appointed by the governor.

(b) Appointments to the executive council shall be made without regard to the race, color, disability, sex, age, religion, or national origin of the appointee.

Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY GOVERNOR. A person is not eligible for appointment by the governor as a public member of the executive council if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care;

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the executive council, the marriage and family therapy board, the professional counseling board, the psychology board, or the social work board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the executive council, the marriage and family therapy board, the professional counseling board, the psychology board, or the social work board; or

(4) uses or receives a substantial amount of tangible goods, services, or money from the executive council, the marriage and family therapy board, the professional counseling board, the psychology board, or the social work board, other than compensation or reimbursement authorized by law for executive council, marriage and family therapy board, professional counseling board, psychology board, or social work board membership, attendance, or expenses.

Sec. 507.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b) A person may not be a member of the executive council and may not be an executive council employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.

(c) A person may not be a member of the executive council or act as the general counsel to the executive council if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the executive council, the marriage and family therapy board, the professional counseling board, the psychology board, or the social work board.

Sec. 507.054. TERMS; VACANCY. (a) The member appointed by the governor serves a six-year term. The remaining members serve two-year terms with the terms of four of those members expiring February 1 of each year.

(b) A member appointed to fill a vacancy holds office for the unexpired portion of the term.

Sec. 507.055. PRESIDING OFFICER. The member appointed by the governor is the presiding officer of the executive council.

Sec. 507.056. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the executive council that a member:

(1) does not have at the time of taking office the qualifications required by Section 507.051;

(2) does not maintain during service on the executive council the qualifications required by Section 507.051;

(3) is ineligible for membership under Section 507.052 or 507.053;

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled executive council meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the executive council.

(b) The validity of an action of the executive council is not affected by the fact that it is taken when a ground for removal of an executive council member exists.

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the executive council of the potential ground. The presiding officer shall then notify the appointing authority and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the executive council, who shall then notify the appointing authority and the attorney general that a potential ground for removal exists.

Sec. 507.057. REIMBURSEMENT. A member of the executive council may receive reimbursement for travel expenses as provided by the General Appropriations Act.

Sec. 507.058. MEETINGS. (a) The executive council shall hold at least two regular meetings each year.

(b) The executive council may hold additional meetings on the request of the presiding officer or on the written request of three members of the executive council.

Sec. 507.059. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the executive council may not vote, deliberate, or be counted as a member in attendance at a meeting of the executive council until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) the law governing executive council operations;

(2) the programs, functions, rules, and budget of the executive council;

(3) the scope of and limitations on the rulemaking authority of the executive council;

(4) the types of executive council rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the executive council regulates, including any rule, interpretation, or enforcement action that:

(A) regulates the scope of practice of persons in a profession or business the executive council regulates;

(B) restricts advertising by persons in a profession or business the executive council regulates;

(C) affects the price of goods or services provided by persons in a profession or business the executive council regulates; or

(D) restricts participation in a profession or business the executive council regulates;

(5) the results of the most recent formal audit of the executive council;

(6) the requirements of:

(A) laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and

(B) other laws applicable to members of the executive council in performing their duties; and

(7) any applicable ethics policies adopted by the executive council or the Texas Ethics Commission.

(c) A person appointed to the executive council is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

(d) The executive director of the executive council shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each executive council member. Each member of the executive council shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER PERSONNEL

Sec. 507.101. EXECUTIVE DIRECTOR; PERSONNEL. The executive council shall employ an executive director and other personnel as necessary to administer this chapter and carry out the functions of the executive council.

Sec. 507.102. DIVISION OF RESPONSIBILITIES. The executive council shall develop and implement policies that clearly separate the policymaking responsibilities of the executive council and the management responsibilities of the executive director and the staff of the executive council.

Sec. 507.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.

(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for executive council employees must be based on the system established under this subsection.

Sec. 507.104. EQUAL OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, age, religion, or national origin. The policy statement must include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that are in compliance with the requirements of Chapter 21, Labor Code;

(2) a comprehensive analysis of the executive council workforce that meets federal and state guidelines;

(3) procedures by which a determination can be made of significant underuse in the executive council workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and

(4) reasonable methods to appropriately address those areas of significant underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Texas Workforce Commission for compliance with Subsection (a)(1); and

(4) be filed with the governor.

(c) The governor shall deliver a biennial report to the legislature based on information received under Subsection (b). The report may be made separately or as part of other biennial reports made to the legislature.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 507.151. GENERAL POWERS AND DUTIES. (a) The executive council shall administer and enforce this chapter and Chapters 501, 502, 503, and 505.

(b) In carrying out its duties under this section, the executive council may request input or assistance from the board for the applicable profession.

Sec. 507.152. GENERAL RULEMAKING AUTHORITY. The executive council shall adopt rules as necessary to perform its duties and implement this chapter.

Sec. 507.153. LIMITATION REGARDING CERTAIN RULES. (a) Unless the rule has been proposed by the applicable board for the profession, the executive council may not adopt under this chapter or Chapter 501, 502, 503, or 505:

(1) a rule regarding:

(A) the qualifications necessary to obtain a license, including limiting an applicant's eligibility for a license based on the applicant's criminal history;

(B) the scope of practice of and standards of care and ethical practice for the profession; or

(2) a schedule of sanctions for violations of the laws and rules applicable to the profession.

(b) For each rule proposed under Subsection (a), the executive council shall either adopt the rule as proposed or return the rule to the applicable board for revision. On the return of a rule under this subsection, the executive council shall include an explanation of the executive council's reasons for not adopting the rule as proposed.

(c) The executive council retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process.

(d) The executive council shall adopt rules prescribing the procedure by which rules described by Subsection (a) may be proposed to the executive council.

Sec. 507.154. FEES. The executive council shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter and Chapters 501, 502, 503, and 505, including fees for:

(1) licenses issued by the executive council;

(2) license renewals and late renewals;

(3) examinations; and

(4) any other program or activity administered by the executive council for which a fee is authorized.

Sec. 507.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The executive council may not adopt rules restricting advertising or competitive bidding by a person regulated by the executive council except to prohibit false, misleading, or deceptive practices.

(b) The executive council may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the executive council a rule that:

(1) restricts the person's use of any advertising medium;

(2) restricts the person's personal appearance or use of the person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the person; or

(4) restricts the use of a trade name in advertising by the person.

Sec. 507.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The executive council shall adopt rules and guidelines as necessary to comply with Chapter 53.

Sec. 507.157. CONTINUING EDUCATION. The executive council shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required by the executive council to keep the person's license.

Sec. 507.158. USE OF TECHNOLOGY. The executive council shall implement a policy requiring the executive council to use appropriate technological solutions to improve the executive council's ability to perform its functions. The policy must ensure that the public is able to interact with the executive council on the Internet.

Sec. 507.159. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The executive council shall develop a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of executive council rules; and

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the executive council's jurisdiction.

(b) The executive council's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under Subsection (a);

(2) provide training as needed to implement the procedures for negotiated rulemaking and alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures.

Sec. 507.160. ANNUAL REGISTRY. (a) The executive council shall annually prepare a registry of all license holders.

(b) The executive council shall make the registry available to the public, license holders, and other state agencies.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec. 507.201. PUBLIC INTEREST INFORMATION. (a) The executive council shall prepare information of public interest describing the functions of the executive council and the procedures by which complaints are filed with and resolved by the executive council.

(b) The executive council shall make the information available to the public and appropriate state agencies.

Sec. 507.202. COMPLAINTS. (a) The executive council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the executive council for the purpose of directing complaints to the executive council. The executive council may provide for that notice:

(1) on each registration form, application, or written contract for services of a person regulated by the executive council;

(2) on a sign prominently displayed in the place of business of a person regulated by the executive council; or

(3) in a bill for services provided by a person regulated by the executive council.

(b) The executive council shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a person regulated by the executive council.

Sec. 507.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a) The executive council shall maintain a system to promptly and efficiently act on complaints filed with the executive council. The executive council shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.

(b) The executive council shall make information available describing its procedures for complaint investigation and resolution.

(c) The executive council shall periodically notify the parties to a complaint of the status of the complaint until final disposition of the complaint.

Sec. 507.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION. (a) The executive council shall adopt rules concerning the investigation of a complaint filed with the executive council. The rules adopted under this section must:

(1) distinguish between categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate consideration;

(3) require that the executive council be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the complaint;

(4) ensure that the person who files a complaint has an opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints that require the use of a private investigator and prescribe the procedures for the executive council to obtain the services of a private investigator.

(b) The executive council shall:

(1) dispose of a complaint in a timely manner; and

(2) establish a schedule for conducting each phase of the disposition of a complaint that is under the control of the executive council not later than the 30th day after the date the executive council receives the complaint.

(c) The executive council shall notify the parties to a complaint of the projected time requirements for pursuing the complaint.

(d) The executive council shall notify the parties to a complaint of any change in the schedule not later than the seventh day after the date the change is made.

(e) The executive director shall notify the executive council of a complaint that is unresolved after the time prescribed by the executive council for resolving the complaint so that the executive council may take necessary action on the complaint.

(f) The executive council shall assign priorities and investigate complaints based on:

(1) the severity of the conduct alleged in the complaint; and

(2) the degree of harm to public health and safety.

Sec. 507.205. CONFIDENTIALITY OF COMPLAINT INFORMATION. (a) Except as provided by Subsection (b), a complaint and investigation and all information and materials compiled by the executive council in connection with the complaint and investigation are not subject to:

(1) disclosure under Chapter 552, Government Code; or

(2) disclosure, discovery, subpoena, or other means of legal compulsion for release of information to any person.

(b) A complaint or investigation subject to Subsection (a) and all information and materials compiled by the executive council in connection with the complaint may be disclosed to:

(1) the executive council and executive council employees or agents involved in license holder discipline;

(2) a party to a disciplinary action against the license holder or that party's designated representative;

(3) the board for the applicable profession;

(4) a law enforcement agency;

(5) a governmental agency, if:

(A) the disclosure is required or permitted by law; and

(B) the agency obtaining the disclosure protects the identity of any patient whose records are examined; or

(6) a person engaged in bona fide research, if all information identifying a specific individual has been deleted.

(c) Unless good cause for delay is shown to the presiding officer at the hearing, the executive council shall provide the license holder with access to all information that the executive council intends to offer into evidence at the hearing not later than the 30th day after the date the executive council receives a written request from a license holder who is entitled to a hearing under this chapter or from the license holder's attorney of record.

(d) The executive council shall protect the identity of any patient whose records are examined in connection with a disciplinary investigation or proceeding against a license holder, except a patient who:

(1) initiates the disciplinary action; or

(2) has submitted a written consent to release the records.

Sec. 507.206. SUBPOENAS. (a) In the investigation of a complaint filed with the executive council, the executive director or presiding officer of the executive council may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state.

(b) A subpoena may be served personally or by certified mail.

(c) If a person fails to comply with a subpoena, the executive council, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the executive council may be held.

(d) On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order.

(e) The executive council shall pay a reasonable fee for photocopies subpoenaed under this section in an amount not to exceed the amount the executive council may charge for copies of its records.

(f) The reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code.

(g) Information and materials subpoenaed or compiled by the executive council in connection with the investigation of a complaint may be disclosed only as provided by Section 507.205.

Sec. 507.207. PUBLIC PARTICIPATION. The executive council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the executive council and to speak on any issue under the jurisdiction of the executive council.

SUBCHAPTER F. GENERAL LICENSING PROVISIONS

Sec. 507.251. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE. (a) The executive council shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the executive council, to the executive council or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.

(b) The executive council may not issue a license to a person who does not comply with the requirement of Subsection (a).

(c) The executive council shall conduct a criminal history record information check of each applicant for a license using information:

(1) provided by the individual under this section; and

(2) made available to the executive council by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.

(d) The executive council may:

(1) enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and

(2) authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.

Sec. 507.252. EXAMINATION RESULTS. (a) The executive council shall notify each examinee of the results of an examination not later than the 30th day after the date the examination is administered. If an examination is graded or reviewed by a national testing service, the executive council shall notify each examinee of the results of the examination not later than the 14th day after the date the executive council receives the results from the testing service.

(b) If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the executive council shall notify each examinee of the reason for the delay before the 90th day.

(c) If requested in writing by a person who fails an examination, the executive council shall provide to the person an analysis of the person's performance on the examination.

Sec. 507.253. REEXAMINATION. The executive council by rule shall establish:

(1) a limit on the number of times an applicant for a license who fails an examination may retake the examination; and

(2) the requirements for retaking an examination.

Sec. 507.254. FORM OF LICENSE. A license issued by the executive council must include the name of the board applicable to the license holder.

Sec. 507.255. LICENSE RENEWAL. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the executive council before the expiration date of the license.

(b) If the person's license has been expired for 90 days or less, the person may renew the license by paying to the executive council a fee in an amount equal to one and one-half times the required renewal fee.

(c) If the person's license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the executive council a fee in an amount equal to two times the required renewal fee.

(d) If the person's license has been expired for one year or more, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.

Sec. 507.256. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE PRACTITIONER. (a) The executive council may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date the person applies for renewal.

(b) The person must pay to the executive council a fee in an amount equal to two times the required renewal fee for the license.

Sec. 507.257. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 507.251.

(b) The executive council may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).

(c) A license holder is not required to submit fingerprints under this section for the renewal of a license if the license holder has previously submitted fingerprints under:

(1) Section 507.251 for the initial issuance of the license; or

(2) this section as part of a prior license renewal.

Sec. 507.258. SEARCH OF NATIONAL PRACTITIONER DATABASE. The executive council shall establish a process to search at least one national practitioner database to determine whether another state has taken any disciplinary or other legal action against an applicant or license holder before issuing an initial or renewal license.

Sec. 507.259. ASSISTANCE IN LICENSING DETERMINATIONS. The executive council shall adopt rules establishing the manner in which the executive council will solicit input from and request the assistance of the applicable board for a profession regulated by the executive council when the executive council is considering an application for the issuance or renewal of a license that involves an issue related to standards of care or an applicant's professional qualifications.

SUBCHAPTER G. DISCIPLINARY ACTIONS AND PROCEDURES

Sec. 507.301. DISCIPLINARY ACTIONS. (a) The executive council may deny, revoke, suspend, or refuse to renew a license or may reprimand a license holder if the applicant or license holder violates:

(1) this chapter;

(2) a law of this state regulating the license holder's profession;

(3) an executive council rule; or

(4) a statute or rule of another state as determined through a search conducted as provided by Section 507.258 if the violation would constitute a violation described by Subdivision (1), (2), or (3) had it occurred in this state.

(b) The executive council may place on probation a person whose license is suspended. If a license suspension is probated, the executive council may require the person to:

(1) report regularly to the executive council on matters that are the basis of the probation;

(2) limit the person's practice to the areas prescribed by the executive council; or

(3) continue or review continuing professional education until the person attains a degree of skill satisfactory to the executive council in those areas that are the basis for the probation.

Sec. 507.302. TEMPORARY SUSPENSION. (a) The executive council or a three-member committee of executive council members designated by the executive council shall temporarily suspend the license of a license holder if the executive council or committee determines from the evidence or information presented to it that continued practice by the license holder would constitute a continuing and imminent threat to the public welfare.

(b) A license may be suspended under this section without notice or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before the State Office of Administrative Hearings simultaneously with the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code.

(c) The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 14th day after the date of the temporary suspension to determine if there is probable cause to believe that a continuing and imminent threat to the public welfare still exists. A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension.

Sec. 507.303. HEARING; ADMINISTRATIVE PROCEDURE. (a) A license holder is entitled to a hearing before the State Office of Administrative Hearings before a sanction is imposed under this subchapter.

(b) A proceeding under this subchapter is governed by Chapter 2001, Government Code.

Sec. 507.304. SCHEDULE OF SANCTIONS. (a) The executive council by rule shall adopt a broad schedule of sanctions.

(b) The State Office of Administrative Hearings shall use the schedule for any sanction imposed under this subchapter as the result of a hearing conducted by that office.

Sec. 507.305. INFORMAL PROCEEDINGS. (a) The executive council by rule shall adopt procedures governing:

(1) informal disposition of a contested case under Section 2001.056, Government Code; and

(2) an informal proceeding held in compliance with Section 2001.054, Government Code.

(b) Rules adopted under this section must:

(1) provide the complainant and the license holder with an opportunity to be heard; and

(2) require the presence of a member of the executive council's legal staff or an attorney employed by the attorney general to advise the executive council or the executive council's employees.

Sec. 507.306. ASSISTANCE IN DISCIPLINARY PROCEEDINGS. (a) The executive council shall adopt rules establishing the manner in which the executive council will solicit input from and request the assistance of the applicable board for a profession regulated by the executive council, regarding a disciplinary proceeding before the executive council involving an issue or complaint related to standards of care or ethical practice.

(b) Rules adopted under this section must include a process for referring a complaint to the applicable board if the complaint alleges:

(1) a substantive violation of a standard of care or ethical guideline for the profession; or

(2) an act of a license holder that violates the profession's scope of practice.

(c) On receiving a recommended disposition of a complaint from the applicable board, the executive council shall adopt the recommended disposition unless the executive council determines that:

(1) the recommended disposition would:

(A) have an anti-competitive effect;

(B) result in an administrative inconsistency; or

(2) any recommended disciplinary penalty would deviate substantially from the schedule of sanctions for the applicable profession.

SUBCHAPTER H. ADMINISTRATIVE PENALTY

Sec. 507.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The executive council may impose an administrative penalty on a person licensed or regulated by the executive council if the person violates this chapter, a law regulating the applicable profession, or an executive council rule.

Sec. 507.352. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(b) The amount of the penalty must be based on:

(1) the seriousness of the violation, including:

(A) the nature, circumstances, extent, and gravity of any prohibited act; and

(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;

(2) the economic harm to property or the environment caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts made to correct the violation; and

(6) any other matter that justice may require.

Sec. 507.353. NOTICE OF VIOLATION AND PENALTY. If the executive council determines that a violation occurred, the executive council shall give written notice of the violation to the person alleged to have committed the violation. The notice may be given by certified mail. The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the administrative penalty recommended by the executive council; and

(3) inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

Sec. 507.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the person receives the notice under Section 507.353, the person may in writing:

(1) accept the executive council's determination and recommended administrative penalty; or

(2) request a hearing on the occurrence of the violation, the amount of the penalty, or both.

(b) If the person accepts the executive council's determination and recommended penalty, the executive council shall issue an order and impose the recommended penalty.

Sec. 507.355. HEARING. (a) If the person requests a hearing or fails to respond in a timely manner to the notice under Section 507.353, the executive council shall set a hearing and give written notice of the hearing to the person.

(b) An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.

(c) The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the executive council a proposal for a decision as to the occurrence of the violation and the amount of any proposed administrative penalty.

Sec. 507.356. DECISION BY EXECUTIVE COUNCIL. (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the executive council by order may determine that:

(1) a violation occurred and impose an administrative penalty; or

(2) a violation did not occur.

(b) The executive council shall give notice of the order to the person. The notice must include a statement of the right of the person to judicial review of the order.

Sec. 507.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the executive council's order becomes final, the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a person who files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow account; or

(B) giving to the court a supersedeas bond approved by the court that is:

(i) for the amount of the penalty; and

(ii) effective until judicial review of the executive council's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the executive council by certified mail.

(c) If the executive council receives a copy of an affidavit under Subsection (b)(2), the executive council may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.

(d) The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.

Sec. 507.358. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and enforcement of the penalty is not stayed, the executive council may refer the matter to the attorney general for collection of the penalty.

Sec. 507.359. DETERMINATION BY COURT. (a) If the court sustains the determination that a violation has occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount of the penalty.

(b) If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.

Sec. 507.360. REMITTANCE OF PENALTY AND INTEREST. (a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:

(1) order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty; or

(2) order the release of the bond:

(A) if the person gave a supersedeas bond and the penalty is not imposed; or

(B) after the person pays the penalty if the person gave a supersedeas bond and the penalty is reduced.

(b) The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.

Sec. 507.361. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 507.401. INJUNCTION. (a) In addition to any other action authorized by law, the executive council may institute an action to enjoin a violation of this chapter, a law regulating the applicable profession, or an executive council rule.

(b) An action filed under this section must be filed in Travis County, the county of the defendant's residence, or the county in which any part of the violation occurred.

(c) The attorney general or the appropriate county or district attorney shall represent the executive council in an action under this section.

Sec. 507.402. CIVIL PENALTY. (a) A person who violates this chapter, a law regulating the applicable profession, or an executive council rule is liable to the state for a civil penalty not to exceed $1,000 for each day of violation.

(b) At the request of the executive council, the attorney general shall bring an action to recover a civil penalty authorized under this section.

Sec. 507.403. CEASE AND DESIST ORDER. (a) If it appears to the executive council that an unlicensed person is violating this chapter, a law regulating the applicable profession, or an executive council rule, the executive council, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.

(b) A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter H.

Sec. 507.404. MONITORING OF LICENSE HOLDER. The executive council by rule shall develop a system to monitor a license holder's compliance with applicable laws and executive council rules. Rules adopted under this section must include procedures to:

(1) monitor for compliance a license holder who is ordered by the executive council to perform certain acts; and

(2) identify and monitor each license holder who represents a risk to the public.

ARTICLE 2. TRANSFER OF LICENSING PROGRAMS TO TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL

SECTION 2.001. Section 501.002, Occupations Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Executive council" means the Texas Behavioral Health Executive Council.

SECTION 2.002. The heading to Section 501.053, Occupations Code, is amended to read as follows:

Sec. 501.053. MEMBERSHIP [~~AND EMPLOYEE~~] RESTRICTIONS.

SECTION 2.003. Sections 501.053(b) and (c), Occupations Code, are amended to read as follows:

(b) A person may not be a member of the board [and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 ~~(29~~ ~~U.S.C.~~ ~~Section 201~~ ~~et seq.)~~] if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health services; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of mental health.

(c) A person may not be a member of the board [~~or act as the general counsel to the board~~] if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

SECTION 2.004. Section 501.055(c), Occupations Code, is amended to read as follows:

(c) If the executive director of the executive council has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

SECTION 2.005. Section 501.059, Occupations Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:

(b) The training program must provide the person with information regarding:

(1) the law governing board operations;

(2) [~~this chapter and~~] the programs, functions, rules, and budget of the board;

(3) the scope of and limitations on the rulemaking authority of the board;

(4) the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:

(A) regulates the scope of practice of persons in a profession or business the board regulates;

(B) restricts advertising by persons in a profession or business the board regulates;

(D) restricts participation in a profession or business the board regulates;

(5) [~~(2)~~] the results of the most recent formal audit of the board;

(6) [~~(3)~~] the requirements of:

(A) laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and

(B) other laws applicable to members of the board in performing their duties; and

(7) [~~(4)~~] any applicable ethics policies adopted by the board or the Texas Ethics Commission.

(d) The executive director of the executive council shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each board member. Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.

SECTION 2.006. The heading to Subchapter D, Chapter 501, Occupations Code, is amended to read as follows:

SUBCHAPTER D. [~~BOARD~~] POWERS AND DUTIES

SECTION 2.007. The heading to Section 501.151, Occupations Code, is amended to read as follows:

Sec. 501.151. GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL.

SECTION 2.008. Sections 501.151(c) and (d), Occupations Code, are amended to read as follows:

(d) The executive council [~~board~~] may certify the specialty of health service providers under this chapter.

SECTION 2.009. Subchapter D, Chapter 501, Occupations Code, is amended by adding Section 501.1515 to read as follows:

Sec. 501.1515. BOARD DUTIES. The board shall propose to the executive council:

(1) rules regarding:

(A) the qualifications necessary to obtain a license, including rules limiting an applicant's eligibility for a license based on the applicant's criminal history;

(B) the scope of practice of and standards of care and ethical practice for psychology; and

(2) a schedule of sanctions for violations of this chapter or rules adopted under this chapter.

SECTION 2.010. Section 501.155, Occupations Code, is amended to read as follows:

Sec. 501.155. VOLUNTARY GUIDELINES. (a) The executive council [~~board~~] may cooperate with an agency that is not subject to this chapter to formulate voluntary guidelines to be observed in the training, activities, and supervision of persons who perform psychological services.

(b) Except as provided by Subsection (a), the executive council [~~board~~] may not adopt a rule that relates to the administration of an agency that is not subject to this chapter.

SECTION 2.011. Section 501.158, Occupations Code, is amended to read as follows:

Sec. 501.158. COMPETENCY REQUIREMENTS. (a) This section applies to a person who is:

(1) applying to take the [~~provisional~~] license examination;

(2) applying for a license or license renewal;

(3) currently licensed under this chapter [~~by the board~~]; or

(4) otherwise providing psychological services under a license approved by the executive council under this chapter [~~board~~].

(b) On a determination by the executive council [~~board~~] based on the executive council's [~~board's~~] reasonable belief that a person is not physically and mentally competent to provide psychological services with reasonable skill and safety to patients or has a physical or mental disease or condition that would impair the person's competency to provide psychological services, the executive council [~~board~~] may request the person to submit to:

(1) a physical examination by a physician approved by the executive council [~~board~~]; or

(2) a mental examination by a physician or psychologist approved by the executive council [~~board~~].

(c) The executive council [~~board~~] shall issue an order requiring a [~~an applicant or~~] person [~~seeking renewal of a provisional license~~] who refuses to submit to an examination under this section to show cause for the person's refusal at a hearing on the order scheduled for not later than the 30th day after the date notice is served on the person. The executive council [~~board~~] shall provide notice under this section by personal service or by registered mail, return receipt requested.

(d) At the hearing, the person may appear in person and by counsel and present evidence to justify the person's refusal to submit to examination. After the hearing, the executive council [~~board~~] shall issue an order requiring the person to submit to examination under this section or withdrawing the request for the examination.

(e) Unless the request is withdrawn, the executive council may take disciplinary action against a person who refuses to submit to the physical or mental examination [~~may not take the provisional license examination or renew the person's license, as appropriate~~].

(f) An appeal from the executive council's [~~board's~~] order under this section is governed by Chapter 2001, Government Code.

SECTION 2.012. Section 501.252(a), Occupations Code, is amended to read as follows:

(a) To be licensed under this chapter, a person must apply to the executive council [~~board~~] for a license. The executive council [~~board~~] shall issue a license to an applicant who:

(1) is qualified for the license under Section 501.2525 [~~complies with this section~~]; and

(2) pays the fee set by the executive council [~~board~~].

SECTION 2.013. Section 501.255, Occupations Code, is redesignated as Section 501.2525, Occupations Code, and amended to read as follows:

Sec. 501.2525 [~~501.255~~]. [~~PROVISIONAL~~] LICENSE [~~EXAMINATION~~] QUALIFICATIONS. (a) An applicant is qualified [~~may take an examination~~] for a [~~provisional~~] license under this chapter if the applicant:

(1) has received:

(A) a doctoral degree in psychology from a regionally accredited educational institution conferred on or after January 1, 1979; or

(B) a doctoral degree in psychology, or the substantial equivalent of a doctoral degree in psychology in both subject matter and extent of training, from a regionally accredited educational institution conferred before January 1, 1979;

(2) except as provided by Subsection (c) and Section 501.253, has:

(A) at least two years of supervised experience in the field of psychological services, one year of which may be as part of the doctoral program and at least one year of which began after the date the person's doctoral degree was conferred by an institution of higher education; and

(B) passed any examination required by Section 501.256;

(3) has attained the age of majority;

[~~(3)~~ ~~has good moral character;~~]

(4) is physically and mentally competent to provide psychological services with reasonable skill and safety, as determined by the executive council [~~board~~];

(5) is not afflicted with a mental or physical disease or condition that would impair the applicant's competency to provide psychological services;

(6) has not been convicted of a crime involving moral turpitude or a felony;

(7) does not use drugs or alcohol to an extent that affects the applicant's professional competency;

(8) has not engaged in fraud or deceit in making the application; and

(9) except as provided by Section 501.263, has not:

(A) aided or abetted the practice of psychology by a person not licensed under this chapter in representing that the person is licensed under this chapter;

(B) represented that the applicant is licensed under this chapter to practice psychology when the applicant is not licensed; or

(b) In determining under Subsection (a)(1)(B) whether a degree is substantially equivalent to a doctoral degree in psychology, the executive council [~~board~~] shall consider whether, at the time the degree was conferred, the doctoral program met the prevailing standards for training in the area of psychology, including standards for training in clinical, school, and industrial counseling.

(1) is licensed in good standing in another state to independently practice psychology; and

(2) has independently practiced psychology in that state for at least five years.

(d) For purposes of Subsection (a)(2)(A), experience is supervised only if the experience is supervised by a psychologist in the manner provided by the executive council's supervision guidelines. To determine the acceptability of an applicant's experience, the executive council may require documentary evidence of the quality, scope, and nature of the applicant's experience. The executive council may count toward the supervised experience an applicant is required to obtain after the applicant's degree is conferred any hours of supervised experience the applicant completed as part of a degree program accredited by the American Psychological Association, the Canadian Psychological Association, or a substantially equivalent degree program.

SECTION 2.014. Section 501.253, Occupations Code, is amended to read as follows:

Sec. 501.253. PROVISIONAL STATUS FOR CERTAIN APPLICANTS [~~LICENSE~~]. (a) The executive council may [~~board shall~~] issue a [~~provisional~~] license with a provisional status to an applicant who has not satisfied the experience or examination requirements of Section 501.2525(a)(2) but is otherwise qualified for the license under Section 501.2525 [:

[~~(1)~~ ~~passed the examinations prescribed by the board;~~

[~~(2)~~ ~~satisfied the preliminary requirements of Sections 501.254 and 501.255; and~~

[~~(3)~~ ~~paid the fee for a provisional license~~].

(b) A [~~provisional~~] license holder described by Subsection (a) is entitled to practice psychology under the supervision of a psychologist to meet the requirements for issuance of a license under Section 501.2525, except that if the [~~501.252. A provisional~~] license holder [~~who~~] is licensed in another state to independently practice psychology and is in good standing in that state, the license holder [~~and who seeks a license in this state~~] is entitled to practice psychology without the supervision of a psychologist [~~during the time that the board is processing the person's application for a license~~].

(c) The executive council [~~board~~] shall adopt rules that apply to a [~~provisional~~] license holder described by Subsection (a) [~~holders~~] identifying:

(1) the activities that the license holder [~~holders~~] may engage in; and

(2) services that may be provided by the license holder [~~holders~~].

(d) The executive council [~~board~~] may refuse to renew a [~~the provisional~~] license issued under Subsection (a) if the license holder [~~of a person who~~] does not meet the requirements prescribed by Section 501.2525(a)(2) [~~501.255~~].

(e) The executive council [~~board~~] may not restrict the issuance of a license [~~or provisional license~~] to an applicant who is licensed in another state to independently practice psychology and is in good standing in that state based on the number of years the applicant has been licensed in good standing in that state.

[~~(f)~~ If an applicant who is licensed in another state to independently practice psychology and is in good standing in that state presents credentials from a national accreditation organization to the board and the board determines that the requirements for obtaining those credentials from that organization are sufficient to protect the public, the board may issue a provisional license to the applicant. An applicant who obtains a provisional license under this subsection must have passed the examination described by Section 501.256(b)(2).]

SECTION 2.015. Section 501.256, Occupations Code, is amended by amending Subsections (a), (b), (c), and (d) and adding Subsection (b-1) to read as follows:

(a) The executive council [~~board~~] shall administer to qualified applicants at least annually any [~~the oral and~~] written examination required by executive council [~~board~~] rules. An [~~The board shall have the written portion of the~~] examination must be[~~, if any,~~] validated by an independent testing professional.

(b) The board shall determine the subject and scope of each examination [~~the examinations and establish appropriate fees for examinations administered~~]. The examination must test the applicant's knowledge of:

(1) the discipline and profession of psychology; and

(2) the laws and rules governing the profession of psychology in this state.

(b-1) The executive council shall establish appropriate fees for examinations administered under this chapter.

(c) The executive council [~~board~~] may waive the discipline and professional segment of the examination requirement for an applicant who:

(1) is a specialist of the American Board of Professional Psychology; or

(2) in the executive council's [~~board's~~] judgment, has demonstrated competence in the areas covered by the examination.

(d) The contents of the examination described by Subsection (b)(2) are the jurisprudence examination. The executive council [~~board~~] shall administer and each applicant must pass the jurisprudence examination before the executive council [~~board~~] may issue a [~~provisional~~] license.

SECTION 2.016. Section 501.259, Occupations Code, is amended to read as follows:

Sec. 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE. (a) The executive council [~~board~~] shall set standards for the issuance of licenses to psychological personnel who hold a master's degree from an accredited university or college in a program that is primarily psychological in nature.

(b) The executive council [~~board~~] shall designate a person who holds a license authorized by this section by a title that includes the adjective "psychological" followed by a noun such as "associate," "assistant," "examiner," or "technician."

SECTION 2.017. Sections 501.260(a) and (b), Occupations Code, are amended to read as follows:

(a) The executive council [~~board~~] by rule shall issue a license to a licensed specialist in school psychology. A license issued under this section constitutes the appropriate credential for a person who provides psychological services as required by Section 21.003(b), Education Code.

(b) The executive council [~~board~~] shall set the standards to qualify for a license under this section. The standards must include:

(1) satisfaction of minimum recognized graduate degree requirements;

(2) completion of graduate course work at a regionally accredited institution of higher education in:

(A) psychological foundations;

(B) educational foundations;

(D) assessments; and

(E) professional issues and ethics;

(3) completion of at least 1,200 hours of supervised experience;

(4) receipt of a passing score on a nationally recognized qualifying examination determined to be appropriate by the executive council [~~board~~] and on any other examination required by the executive council [~~board~~]; and

(5) satisfaction of the requirements under Sections 501.2525(a)(3)-(9)[~~, other than the degree requirements, for an applicant to take an examination for a provisional license~~].

SECTION 2.018. Section 501.262, Occupations Code, is amended to read as follows:

Sec. 501.262. RECIPROCAL LICENSE. The executive council [~~board~~] may enter into and implement agreements with other jurisdictions for the issuance of a license by reciprocity if the other jurisdiction's requirements for licensing, certification, or registration are substantially equal to the requirements of this chapter.

SECTION 2.019. Sections 501.263(a), (b), (c), and (e), Occupations Code, are amended to read as follows:

(a) The executive council [~~board~~] may issue a temporary license to an applicant seeking to practice in this state for a limited time and limited purpose if the applicant:

(1) pays the required application fee;

(2) submits an application to the executive council [~~board~~] in the form prescribed by the executive council [~~board~~];

(3) is licensed, certified, or registered as a psychologist or psychological associate by another state having requirements substantially equal to those prescribed by this chapter;

(4) is in good standing with the regulatory agency of the jurisdiction in which the person is licensed, certified, or registered;

(5) is supervised by a person licensed [~~by the board~~] under this chapter with whom the temporary license holder may consult during the time the person holds a temporary license; and

(6) has passed an examination recognized by the executive council [~~board~~] as equivalent to the examination required [~~by the board~~] for a permanent license under this chapter.

(b) A temporary license is valid only for the period specified by the executive council [~~board~~] and for the limited purpose approved by the executive council [~~board~~].

(c) The executive council [~~board~~] may adopt rules to issue a temporary license to a person who holds a license or the equivalent from another country.

(e) A person holding a temporary license issued under this chapter shall display a sign indicating that the license is temporary. The sign must be approved by the executive council [~~board~~] and displayed in every room in which the person provides psychological services.

SECTION 2.020. Section 501.264(a), Occupations Code, is amended to read as follows:

(a) A psychologist may place the psychologist's license on inactive status by applying to the executive council [~~board~~] and paying a fee established by the executive council [~~board~~].

SECTION 2.021. Section 501.301, Occupations Code, is amended to read as follows:

Sec. 501.301. LICENSE EXPIRATION AND RENEWAL. (a) The executive council shall adopt rules providing for the expiration and renewal of a [A] license issued under this chapter. The rules must require a license be renewed annually or biennially [expires on December 31 of the year following the date the license is issued or renewed. A license of a psychological associate expires on May 31 of the year following the date the license is issued or renewed].

(b) The executive council [~~board~~] by rule may adopt a system under which licenses expire on various dates during the year. For a year in which the expiration date is changed, the executive council [~~board~~] shall prorate the licensing fee so that each license holder pays only the portion of the fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the entire licensing fee is payable.

SECTION 2.022. Sections 501.351(a) and (c), Occupations Code, are amended to read as follows:

(a) A psychologist licensed under this chapter may delegate to a [~~provisionally licensed~~] psychologist who holds a license described by Section 501.253, a newly licensed psychologist who is not eligible for managed care panels, a person who holds a temporary license issued under Section 501.263, or a person enrolled in a formal internship as provided by executive council [~~board~~] rules [~~, and a person who satisfies Section 501.255(a) and is in the process of acquiring the supervised experience required by Section 501.252(b)(2)~~] any psychological test or service that a reasonable and prudent psychologist could delegate within the scope of sound psychological judgment if the psychologist determines that:

(1) the test or service can be properly and safely performed by the person;

(2) the person does not represent to the public that the person is authorized to practice psychology; and

(3) the test or service will be performed in the customary manner and in compliance with any other law.

(1) a psychological test or service may be properly and safely delegated under this section; and

(2) a delegated act constitutes the practice of psychology under this chapter.

SECTION 2.023. Section 501.401, Occupations Code, is amended to read as follows:

Sec. 501.401. GROUNDS FOR DISCIPLINARY ACTION. The executive council [~~board~~] shall take disciplinary action under Subchapter G, Chapter 507, against [~~revoke or suspend a holder's license, place on probation a person whose license has been suspended, or reprimand~~] a license holder who:

(1) violates this chapter or a rule adopted under this chapter [~~by the board~~];

(2) is convicted of a felony or of any offense that would be a felony under the laws of this state, or of a violation of a law involving moral turpitude;

(3) uses drugs or alcohol to an extent that affects the person's professional competency;

(4) engages in fraud or deceit in connection with services provided as a psychologist;

(5) except as provided by Section 501.263:

(A) aids or abets the practice of psychology by a person not licensed under this chapter in representing that the person is licensed under this chapter;

(B) represents that the person is licensed under this chapter to practice psychology when the person is not licensed; or

(C) practices psychology in this state without a license under this chapter or without being qualified for an exemption under Section 501.004; or

(6) commits an act for which liability exists under Chapter 81, Civil Practice and Remedies Code.

SECTION 2.024. Section 501.407, Occupations Code, is amended to read as follows:

Sec. 501.407. REMEDIAL CONTINUING EDUCATION. The executive council [~~board~~] may require a license holder who violates this chapter to participate in a continuing education program. The executive council [~~board~~] shall specify the continuing education program that the person may attend and the number of hours that the person must complete to fulfill the requirements of this section.

SECTION 2.025. Section 501.408, Occupations Code, is amended to read as follows:

Sec. 501.408. CORRECTIVE ADVERTISING. The executive council [~~board~~] may order corrective advertising if a psychologist, individually or under an assumed name, engages in false, misleading, or deceptive advertising.

SECTION 2.026. Subchapter I, Chapter 501, Occupations Code, is amended by adding Section 501.411 to read as follows:

Sec. 501.411. REMEDIAL PLAN. (a) The executive council may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this chapter.

(b) The executive council by rule shall establish the types of complaints or violations that may be resolved with a remedial plan. The rules must provide that a remedial plan may not be imposed to resolve a complaint:

(1) involving conduct that poses a significant risk of harm to a patient; or

(2) in which the appropriate resolution may involve revoking, suspending, limiting, or restricting a person's license.

(1) revokes, suspends, limits, or restricts a person's license; or

(2) assesses an administrative penalty against a person.

(d) The executive council may not issue a remedial plan to resolve a complaint against a license holder if the license holder has previously entered into a remedial plan with the executive council for the resolution of a different complaint filed under this chapter.

(e) The executive council may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.

SECTION 2.027. Section 501.505, Occupations Code, is amended to read as follows:

Sec. 501.505. OPTION TO ORDER REFUND. (a) Under an agreement resulting from an informal settlement conference, the executive council [~~board~~] may order a license holder to refund to the person who paid for the psychological services at issue an amount not to exceed the amount the person paid to the license holder for a service regulated by this chapter instead of or in addition to imposing an administrative penalty under Subchapter H, Chapter 507 [~~this chapter~~].

(b) The executive council [~~board~~] may not include an estimation of other damages or harm in a refund order.

SECTION 2.028. Chapter 501, Occupations Code, is amended by adding Subchapter L to read as follows:

SUBCHAPTER L. PSYCHOLOGY INTERJURISDICTIONAL COMPACT

Sec. 501.601. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. The Psychology Interjurisdictional Compact is enacted and entered into as follows:

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

ARTICLE I. PURPOSE

Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and

Whereas, this Compact is intended to regulate the day to day practice of telepsychology (i.e. the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and

Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;

Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state;

Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;

Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States; and

Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.

Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:

1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;

2. Enhance the states' ability to protect the public's health and safety, especially client/patient safety;

3. Encourage the cooperation of Compact States in the areas of psychology licensure and regulation;

4. Facilitate the exchange of information between Compact States regarding psychologist licensure, adverse actions and disciplinary history;

5. Promote compliance with the laws governing psychological practice in each Compact State; and

6. Invest all Compact States with the authority to hold licensed psychologists accountable through the mutual recognition of Compact State licenses.

ARTICLE II. DEFINITIONS

A. "Adverse Action" means: Any action taken by a State Psychology Regulatory Authority which finds a violation of a statute or regulation that is identified by the State Psychology Regulatory Authority as discipline and is a matter of public record.

B. "Association of State and Provincial Psychology Boards (ASPPB)" means: the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

C. "Authority to Practice Interjurisdictional Telepsychology" means: a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another Compact State.

D. "Bylaws" means: those Bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Section X for its governance, or for directing and controlling its actions and conduct.

E. "Client/Patient" means: the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, and/or consulting services.

F. "Commissioner" means: the voting representative appointed by each State Psychology Regulatory Authority pursuant to Section X.

G. "Compact State" means: a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section C or been terminated pursuant to Article XII, Section B.

H. "Coordinated Licensure Information System" also referred to as "Coordinated Database" means: an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities.

I. "Confidentiality" means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes.

J. "Day" means: any part of a day in which psychological work is performed.

K. "Distant State" means: the Compact State where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services.

L. "E.Passport" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

M. "Executive Board" means: a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

N. "Home State" means: a Compact State where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one Compact State and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the Compact State where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one Compact State and is practicing under the Temporary Authorization to Practice, the Home State is any Compact State where the psychologist is licensed.

O. "Identity History Summary" means: a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

P. "In-Person, Face-to-Face" means: interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.

Q. "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Psychology Regulatory Authority of intention to practice temporarily, and verification of one's qualifications for such practice.

R. "License" means: authorization by a State Psychology Regulatory Authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

S. "Non-Compact State" means: any State which is not at the time a Compact State.

T. "Psychologist" means: an individual licensed for the independent practice of psychology.

U. "Psychology Interjurisdictional Compact Commission" also referred to as "Commission" means: the national administration of which all Compact States are members.

V. "Receiving State" means: a Compact State where the client/patient is physically located when the telepsychological services are delivered.

W. "Rule" means: a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Section XI of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a Compact State, and includes the amendment, repeal or suspension of an existing rule.

X. "Significant Investigatory Information" means:

1. investigative information that a State Psychology Regulatory Authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or

2. investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.

Y. "State" means: a state, commonwealth, territory, or possession of the United States, the District of Columbia.

Z. "State Psychology Regulatory Authority" means: the Board, office or other agency with the legislative mandate to license and regulate the practice of psychology.

AA. "Telepsychology" means: the provision of psychological services using telecommunication technologies.

BB. "Temporary Authorization to Practice" means: a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another Compact State.

CC. "Temporary In-Person, Face-to-Face Practice" means: where a psychologist is physically present (not through the use of telecommunications technologies), in the Distant State to provide for the practice of psychology for 30 days within a calendar year and based on notification to the Distant State.

ARTICLE III. HOME STATE LICENSURE

A. The Home State shall be a Compact State where a psychologist is licensed to practice psychology.

B. A psychologist may hold one or more Compact State licenses at a time. If the psychologist is licensed in more than one Compact State, the Home State is the Compact State where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

C. Any Compact State may require a psychologist not previously licensed in a Compact State to obtain and retain a license to be authorized to practice in the Compact State under circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

D. Any Compact State may require a psychologist to obtain and retain a license to be authorized to practice in a Compact State under circumstances not authorized by Temporary Authorization to Practice under the terms of this Compact.

E. A Home State's license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact State:

1. Currently requires the psychologist to hold an active E.Passport;

2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than ten years after activation of the Compact; and

5. Complies with the Bylaws and Rules of the Commission.

F. A Home State's license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact State:

1. Currently requires the psychologist to hold an active IPC;

2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

5. Complies with the Bylaws and Rules of the Commission.

ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

A. Compact States shall recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice telepsychology in other Compact States (Receiving States) in which the psychologist is not licensed, under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact.

B. To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must:

1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, OR authorized by Provincial Statute or Royal Charter to grant doctoral degrees; OR

b. A foreign college or university deemed to be equivalent to 1 (a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND

2. Hold a graduate degree in psychology that meets the following criteria:

a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

d. The program must consist of an integrated, organized sequence of study;

e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

f. The designated director of the program must be a psychologist and a member of the core faculty;

g. The program must have an identifiable body of students who are matriculated in that program for a degree;

h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree;

j. The program includes an acceptable residency as defined by the Rules of the Commission.

3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State;

4. Have no history of adverse action that violate the Rules of the Commission;

5. Have no criminal record history reported on an Identity History Summary that violates the Rules of the Commission;

6. Possess a current, active E.Passport;

7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

8. Meet other criteria as defined by the Rules of the Commission.

C. The Home State maintains authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology.

D. A psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology will be subject to the Receiving State's scope of practice. A Receiving State may, in accordance with that state's due process law, limit or revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State and may take any other necessary actions under the Receiving State's applicable law to protect the health and safety of the Receiving State's citizens. If a Receiving State takes action, the state shall promptly notify the Home State and the Commission.

E. If a psychologist's license in any Home State, another Compact State, or any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a Compact State under the Authority to Practice Interjurisdictional Telepsychology.

ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

A. Compact States shall also recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice temporarily in other Compact States (Distant States) in which the psychologist is not licensed, as provided in the Compact.

B. To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must: